Document d4r3QO5399wX13x30kMdxxxG

Trial Transcript [December 3, 1993] Transwestern v. Monsanto CONDENSED TRANSCRIPT AND CONCORDANCE PREPARED BY: PREUSS, WALKER & SHANAGHER Attorneys at Law 595 Market Street, 16th Floor San Francisco, CA 94105 Phone: [415] 978-2600 FAX: [415] 978-2613 HARTOLDMONOO11306 Trial Transcript [December 3, 1993] XUA.C, Page 1493 (14) AYES, I WAS. (1) LOS ANGELES, CALIFORNIA; FRIDAY, DECEMBER 3, 1993 (2) 10:00 A.M. O) DEPARTMENT NO. 31 G. KEITH WISOT, JUDGE (4) --0-- (15) Q ALL RIGHT. NOW, DIELECTRIC FLUIDS WERE (16) MADE OF PCB'S, CORRECT? (17) A THE DIELECTRIC FLUIDS THAT MONSANTO WAS 08) SELLING AT THAT POINT IN TIME WERE EITHER (5) (APPEARANCES AS HERETOFORE NOTED.) CHLORINATED (6) (DAVID A. SALYER, OFFICIAL REPORTER.) (7) (8) THE COURT: AND GOOD MORNING, LADIES AND (9) GENTLEMEN. (19) DIPHENYLS IN EUROPEAN CONTACTS OR MIXTURES OF (20) CHLORINATED DIPHENYLS WITH CHLORINATED BENZENES (21) Q YOU WERE BASED IN BRUSSELS? (22) A IN 1966 I HAD MOVED FROM ENGLAND TO (10) RESUMING TRIAL PROCEEDINGS IN (23) BRUSSELS, BELGIUM. (11) TRANSWESTERN VERSUS MONSANTO WITH ALL OF THE (12) APPROPRIATE PARTICIPANTS AGAIN IN THEIR RESPECTIVE (U) PLACES. (14) LADIES AND GENTLEMEN, I'M SORRY I KEPT (24) Q AT THAT TIME YOU WERE AWARE THAT MONSANTO (25) HAD AN AGENT IN SWEDEN, THE NAME OF WHICH WAS RISING (26) AND STRAND; IS THAT RIGHT? (is) YOU WAITING UNTIL NOW. (27) A RISING AND STRAND HAD BEEN MONSANTO'S 06) WE HAD ANOTHER CASE HERE THIS MORNING (1?) THAT SIMPLY NEEDED THE TIME THAT WAS APPROPRIATE TO (18) IT. (19) I HAD TO TAKE AWAY SOME OF OUR TIME. (20) MY APOLOGIES. (21) MR. TALLON, A FURTHER WITNESS? (22) MR. TALLON: YOUR HONOR, TRANSWESTERN CALLS (23) DAVID WOOD. (24) THE CLERK: RAISE YOURflIGHT HAND, SIR, TO BE (25) SWORN. (28) AGENT IN SWEDEN FOR SOME YEARS. Page 1496 (D Q OKAY. AND YOU WERE AWARE THAT THAT WAS (2) THEIR FUNCTION IN SWEDEN? (3) A I WAS. (4) Q ALL RIGHT. NOW, MR. WOOD, CAN YOU TURN (5) AROUND, PLEASE. (6) ON THE TOP SHELF OF THAT LITTLE - ON THE (7) SECOND SHELF, ACTUALLY, OF THAT STAND BEHIND YOU (8) THERE IS A BUNCH OF BLUE BINDERS AND I WOULD LIKE YOU (26) III (27) III (28) III Page 1494 (1) DAVID WOOD, (2) CALLED AS A WITNESS BY THE PLAINTIFF, TRANSWESTERN, (3) UNDER THE PROVISIONS OF EVIDENCE CODE 776, WAS SWORN (9) TO, PLEASE, TO TAKE OUT THE BINDER THAT INCLUDES (io) EXHIBIT 31. (it) YOUR HONOR, THIS DOCUMENT IS IN THE JURY (12) NOTEBOOK. IT IS A NOTICE DOCUMENT. (13) THE COURT: LADIES AND GENTLEMEN, IN CONNECTION (14) WITH THIS EXHIBIT, EXHIBIT 31, AS WELL AS A NUMBER OF (is) OTHERS THAT I WILL ALERT YOU TO WHEN WE GET TO THEM (4) AND TESTIFIED AS FOLLOWS: (16) IN THE EVIDENCE, YOU WILL HEAR EVIDENCE THAT (5) MONSANTO (6) THE WITNESS: IDO. (17) WAS TOLD CERTAIN INFORMATION ABOUT ANIMAL OR (7) THE CLERK: PLEASE, BE SEATED. MEDICAL (8) PLEASE STATE AND SPELL YOUR NAME FOR THE da) STUDIES OF PCB'S AND ABOUT THE IDENTIFICATION OF (9) RECORD. 09) PCB'S IN SAMPLES FROM HUMANS ANDTHE do) THE WITNESS: MY NAME IS DAVID WOOD, D-A-V-l-D, ENVIRONMENT. (11) W-O-O-D. (20) THIS EVIDENCE IS FOR YOUR CONSIDERATION (12) THE COURT: MR. TALLON. (21) ONLY FOR THE LIMITED PURPOSE OF SHOWING THAT (13) MONSANTO (H) DIRECT EXAMINATION (is) BY MR. TALLON: (22) WAS TOLD CERTAIN INFORMATION AND WHEN. (23) YOU MAY NOT CONSIDER IT OR USE IT FOR ANY (16) Q GOOD MORNING MR. WOOD. (24) OTHER PURPOSE. (17) AGOODMORNING. (is) Q WE MET BEFORE ON SEPTEMBER 3RD, 1992, (19) RIGHT? (20) A IN ST. LOUIS, YES. (25) IN PARTICULAR, YOU MAY NOT CONSIDER IT OR (26) USE IT FOR THE PURPOSE OF SHOWING THE INFORMATION (27) PROVIDED TO MONSANTO WAS TRUE. (28) THE COURT: ALL RIGHT. (21) Q AT THAT TIME YOU WERE EMPLOYEDsBY (22) MONSANTO'S SOUTHPLEX AMERICAN BUSINESS AS A DIRECTOR; ' (23) IS THAT CORRECT? Page 1497 ID MR. TALLON. (2) Q BY MR. TALLON; MR. WOOD, IN NOVEMBER, 0) 1966 YOU WERE AWARE THAT OLA PALME WORKED FOR (24) A I WAS DIRECTOR OF THE MONSANTO'S (25) SAFEPLEX. (26) Q SAFEPLEX. (27) YOU STARTED WORK WITH MONSANTO IN 1961, (28) CORRECT? RISING (4) AND STRAND, CORRECT? (5) AYES, I WAS. (6) Q YOU HAVE GOT EXHIBIT 31 BEFORE YOU, (7) THAT IS A LETTER THAT MR. PALME OF RISING Page 1495 (8) AND STRAND SENT TO YOU. (1) A I BELIEVE LATE 1960. (9) IT IS DATED NOVEMBER 28, 1966, CORRECT? (2) Q THAT WAS AFTER YOU RECEIVED A DEGREE FROM (10) A I GUESS IT IS. (3) TRINITY COLLEGE AT CAMBRIDGE UNIVERSITY? (11) Q AND IT'S ADDRESSED TO MONSANTO EUROPE AND (4) A I STUDIED CHEMISTRY AND LAW AT CAMBRIDGE (12) BRUSSELS, BELGIUM, CORRECT? (5) IN ENGLAND. (6) Q YOUR DEGREE WAS IN NATURAL SCIENCES, (13) A CORRECT. (14) Q AND IT IS FOR THE ATTENTION OF (7) INCLUDING CHEMISTRY, RIGHT? (is) MR. D. WOOD AND IT'S ADDRESSED "DEAR DAVID," (8) AYES, IT WAS. RIGHT? (9) Q AND YOU RECEIVED HONORS IN CHEMISTRY? (10) AYES, I DID. (11) Q NOW, STARTING ON NOVEMBER 1, 1966 YOU (16) A OLA PALME AND MYSELF HAD MET ON NUMEROUS (17) OCCASIONS. SO WE WERE ON FAMILIAR TERMS. (is) Q AND, IN FACT, AS IT INDICATES IN THE (12) WERE MONSANTO'S PRODUCTS SUPERVISOR FOR DIELECTRIC (19) FIRST PARAGRAPH OF THIS LETTER, MR. PALME IS TELLING (13) FLUIDS IN EUROPE, CORRECT? (20) YOU IN THIS LETTER THAT AS MENTIONED THERE HAS Transwestern v. Monsanto Page 1493 to Page 1497 HARTOLDMONOO11307 Trial Transcript [December 3, 1993] XMAX(2) BEEN (2D SOME PUBLICITY IN SWEDEN CONCERNING INVESTIGATIONS (22) MADE AT THE INSTITUTION OF ANALYTICAL CHEMISTRY AT (23) THE STOCKHOLM UNIVERSITY, RIGHT? (24) AYES. (25) Q AND HE FURTHER TOLD YOU IN THIS LETTER (26) THAT THOSE INVESTIGATIONS HAVE REVEALED THAT A GROUP (27) OF PRODUCTS CALLED POLYCHLORINATED BIPHENYLS, PCB'S (28) FOR SHORT, ACCUMULATED IN CERTAIN ORGANS OF ANIMALS. Page 1498 (D THAT IS WHAT HE SAID IN THE LETTER? (2) A HE STATES THAT IN THE OPENING PARAGRAPH (3) OF THIS LETTER. (4) Q AND HE TOLD YOU IN THE OPENING PARAGRAPH (5) OF THE LETTER HE WROTE TO YOU, THAT THEY ARE SAID TO (6) BE RELATED TO DDT AND EQUALLY POISONOUS, CORRECT? (7) A THAT IS A STATEMENT THAT HE MAKES IN THIS (8) LETTER. (9) Q THAT'S RIGHT. (to) AND HE TOLD YOU, FURTHER, IN THE LETTER (11) OF A PUBLICATION IN SWEDEN AND HE GAVE YOU A (12) TRANSLATION OF IT, CORRECT? (13) A IN THE SECOND PARAGRAPH OF THIS LETTER HE (14) TRANSLATES SOME MATERIAL FROM A SWEDISH DAILY PAPER. (is) Q AND THAT SWEDISH DAILY PAPER WAS (16) REPORTING ON THE FINDINGS OR THE INVESTIGATION THAT (17) MR. PALME WAS REFERRING TO IN THE FIRST PARAGRAPH OF (is) THE LETTER, RIGHT? (is) A THEY ARE ALLUDING TO SUCH A REPORT. (20) Q AND THE REPORT THAT MR. PALME PASSED ON (2D TO YOU INDICATED THAT IT IS FOUND IN SALMON AND IN (22) PIKE, RIGHT. (23) THAT IS WHAT IT SAYS IN THE LETTER? (24) AYES, IT DOES. (25) Q AND THAT WAS REFERRING TO THE PCB, WHAT (26) HE REFERRED TO AS PCB IN THE FIRST PARAGRAPH? (27) MR. ZIMMER: OBJECTION, YOUR HONOR, CALLS FOR (28) SPECULATION. Page 1499 (1) THE COURT: OVERRULED. (2) THAT IS CALLING FOR YOUR UNDERSTANDING OF (3) THE LETTER AS YOU READ IT. (4) THE WITNESS: CAN YOU REPEAT THE QUESTION, (5) PLEASE. (6) Q BY MR. TALLON: IN THE FIRST PARAGRAPH HE (7) REFERRED TO PCB, CORRECT? 18) A HE REFERRED TO PCB FOR SHORT. (9) I THINK IT'S NECESSARY THAT WE UNDERSTAND (io) THAT PCB WAS NOT A TERM IN COMMON CURRENCY AT THAT (ID PARTICULAR POINT IN TIME. (12) THE LETTERS 'PCB" STAND OBVIOUSLY AND (13) ALLUDE TO POLYCHLORINATED BIPHENOL, WHICH WAS A (H) PRODUCTTHAT MONSANTO NEVER MADE. (is) Q POLYCHLORINATED BIPHENOL? (16) A BIPHENOL. (i?) SO PCB, THERE, IN THAT OPENING STATEMENT, (is) STEMS SOME OF THE CONFUSION THAT REALLY ORIGINATED AT (19) THIS POINT OF PUBLICATION OF INFORMATION IN SWEDEN. (20) Q THE CONFUSION IS WHEN HE WRITES TO YOU HE (21) SAYS "POLYCHLORINATED Bl P-H-E-N-O-L-S" AND THEN HE ,22) SAYS "PCB'S" FOR SHORT? (23) A AS HE WROTE TO ME. (24) THAT IS A CONFUSING CONJUNCTION OF (25) WORDS. (26) Q RIGHT. (27) NOW, POLYCHLORINATED BIPHENYL WOULD BE (28) SPELLED P-H-E-N-Y-L-S, IF IT WAS BIPHENYLS? Page 1500 (1) AYES, ITWOULD. 12) Q SO WHAT MR. PALME IS REFERRING TO IN THE (3) FIRST PARAGRAPH OF THE ARTICLE HE TRANSLATES FOR YOU (4) ARE THE SUBSTANCES, THE CHEMICALS HE WAS REFERRING TO (5) IN THE FIRST PARAGRAPH; ISN'T THAT RIGHT? 16) A IT - WHATEVER IT IS IS ALLEGED TO HAVE (7) BEEN FOUND IN SALMON AND PIKE. (8) Q OKAY. AND HE TOLD YOU FURTHER THAT THE (9) ARTICLE SAlD THAT IT IS FOUND IN SEA EAGLES LIVING ON (10) FISH, CORRECT? (11) A THAT IS THE TRANSLATION HE GIVES MEIN 02) THE LETTER. 03) Q AND THE TRANSLATION HE GIVES YOU IN THE (14) LETTER FURTHER SAYS THAT IT IS FOUND ON THE SURFACE (is) OF NEEDLES OF THE FIR TREES THAT IS IN THE AIR. IT (16) IS FOUND IN THE HAIR OF A FIVE-MONTHS BABY, CORRECT? (17) A THAT IS THE STATEMENT THAT WAS MADE IN da) THE SWEDISH NEWSPAPER, TRANSLATED INTO ENGLISH. (19) Q AND HE FURTHER TOLD-YOU IN THIS LETTER 120) THAT THE TRANSLATION OF THE SWEDISH ARTICLE SAID THAT (2D PCB IS BROKEN DOWN CONSIDERABLY SLOWER THAN DDT AND (22) GIVES RISE TO DAMAGE OF LIVER AND SKIN, CORRECT? (23) THOSE WORDS ARE IN THE LETTER? (24) A I WOULD NEED TO REFRESH MY MEMORY AS TO (25) WHERE THEY APPEAR. (26) Q GO RIGHT AHEAD. (27) LOOK RIGHT AT THE BOTTOM OF THE FIRST (28) PAGE, MR. WOOD, Page 1501 (D AYES, UH-HUH. (2) THAT ALLEGATION IS, AGAIN, MADE IN THE O) ARTICLE. (4) Q NOW, IF YOU WOULD TURN FOR A SECOND, (5) MR. WOOD, TO PAGE 2, ONE OF THE THINGS THAT YOU READ (6) IN THIS LETTER FROM MR. PALME WAS IN THE SECOND (7) PARAGRAPH, THE ONE THAT BEGINS, "RESEARCH ASSISTANT, (8) S. JENSEN." (9) DO YOU SEE THAT PARAGRAPH? (io) A THAT IS THE SECOND PARAGRAPH ON PAGE TWO? Hi) Q CORRECT, (12) NOW, IN THAT PARAGRAPH 1. THINGSTHAT (13! MR. PALME WAS TELLING YOU ABOUT IN THIS ARTICLE IN (i4) THE SWEDISH LANGUAGE NEWSPAPER WAS THAT THE SUBSTANCE ' (is) HAD BEEN FOUND EVEN IN FISH IN LAPLAND, CORRECT? (16) AYES. (17) Q AND LAPLAND IS A VERY NORTHERLY AREA OF (is) SCANDINAVIA; IS THAT RIGHT? (19) AYES, IT IS. (20) Q NOW, S. JENSEN, THAT WAS A MAN BY THE (2D NAME OF SOREN JENSEN; IS THAT RIGHT? (22) AYES, IT WAS. (23) Q NOW, ONE OF THE OTHER THINGS THAT (24) MR. PALME TOLD YOU IN THIS LETTER, MR. WOOD, WAS THAT (25) THE USE - I'M REFERRING YOU, NOW, SIR, TO THE BOTTOM (26) OF PAGE 2, THE LAST PARAGRAPH, THE ONE THAT IS RIGHT (27) NEXT TO THE STAMP, "COMPANY CONFIDENTIAL," DO YOU SEE (28) THAT? ______________________________________ Page 1497 to Page 1501 Transwestern v. Monsanto HARTOLDMONOO11308 9SA Trial Transcript [December 3, 1993] XMAX,j1 Page 1502 (1) A THE USE OF PCB? (3) WITH THE SWEDISH BOARD OF POISONOUS SUBSTANCES AND . (2) Q YES. (4) THE INDUSTRY WILL HAVE TO BE PARTICULARLY (3) HE TOLD YOU THAT ONE OF THE THINGS THAT CAREFUL IN (4) WAS SAID IN THE SWEDISH LANGUAGE ARTICLE WAS, (5) HANDLING THE MATERIAL," RIGHT? "THE (6) A THAT IS A SUGGESTION HE WAS MAKING. (5) USE OF PCB IN SWEDEN IS NOT ESTABLISHED IN DETAIL," (7) Q ONE OF THE THINGS YOU DID WITH THIS (6) CORRECT? I?) AYES. (8) LETTER WHEN YOU RECEIVED IT, MR. WOOD, WAS TO SEND IT (8) Q AND HE WENT ON TO TELL YOU THAT ACCORDING (9) ON TO MONSANTO'S HEADQUARTERS IN ST. LOUIS, (9) TO AMERICAN SOURCES THESE TYPES OF PRODUCTS CORRECT? ARE USED (10) AYES, I DID. go) IN THE MANUFACTURE OF A VARIETY OF (11) Q AND AT THAT TIME GEORGE BUCHANAN WAS HEAT-RESISTANT (12) WORKING FOR MONSANTO IN ST. LOUIS, RIGHT? (11) MATERIALS, RIGHT? (13) AYES, HE WAS. (12) A THAT IS STATED. (14) Q HE WAS THE DIRECTOR OF THE FUNCTIONAL (13) Q AND ONE OF THE OTHER THINGS THAT WAS SAID (is) FLUIDS BUSINESS OR SPECIALITY CHEMICALS BUSINESS (.4) WAS, ONE OF THE USES, AND THIS IS APPEARING ON THE IN (is) BOTTOM OF PAGE 2, WAS IN LUBRICATING OILS USED AT (16) ST. LOUIS? (is) HIGH TEMPERATURE AND PRESSURE. (17) A I BELIEVE HE WAS IN THAT POSITION AT THAT (1?) THAT GOES OVER TO PAGE 3, CORRECT? (is) POINT IN TIME. (is) A UH-HUH. YES. ' (19) Q WHILE YOU HAVE THAT BOOK OPEN, PLEASE, (19) Q NOW, ON PAGE 3 OF THE LETTER MR. PALME (20) MR. WOOD, COULD YOU PLEASE TURN TO (20) FINISHED HIS TRANSLATION OF THE SWEDISH TRANSWESTERN ' LANGUAGE . (2D EXHIBIT 32. (21) NEWSPAPER ARTICLE, CORRECT? (22) AYES, I HAVE IT. (22) IT CONCLUDES ON PAGE 37 (23) Q NOW, THIS, MR. WOOD, IS A MEMORANDUM (23) A YES, IT DOES. (24) DATED THE FIRST OF DECEMBER, 1966, RIGHT? (24) Q AND THEN, ACTUALLY SORT OF IN THE TOP (25) A IT IS. (25) HALF OF THE PAGE WHERE IT GOES ON TO ANOTHER (26) Q AND THE DATE OF THAT FOLLOWS THE DATE OF DAILY (27) MR. PALME'S LETTER TO YOU OF NOVEMBER 28, 1966 BY (26) PAPER, THAT IS, GOING BACK TO MR. PALME REPORTING (28) JUST A FEW DAYS, RIGHT? TO (27) YOU. 0) AYES, UH-HUH. Page 1505 (28) AND THAT IS NO LONGER THE TRANSLATION OF (2) Q YOU SENT MR. PALME'S LETTER UNDER COVER Page 1503 0) OF THIS MEMORANDUM TO MR. BUCHANAN IN ST. LOUIS, (1) THE SWEDISH LANGUAGE NEWSPAPER, RIGHT? DID (2) A THAT WAS MY UNDERSTANDING. (4) YOU NOT? (3) Q OKAY. AND THEN ONE OF THE THINGS THAT (5) A I DID. (4) MR. PALME WROTE TO YOU WAS THAT, "I SUPPOSE (6) Q AND IN ADDITION TO SENDING IT TO THERE IS (7) MR. BUCHANAN, YOU ALSO SENT IT TO DR. EMMET KELLY (5) NO DOUBT THAT WHAT HAS BEEN TERMED IN 'POLYCHLORINATED (8) ST. LOUIS; ISN'T THAT RIGHT? (6) BIPHENYLS' IS EQUAL TO AROCLOR." (9) AYES, I DID. (7) THAT IS WHAT HE SAID? (io) Q AND, IN FACT, THIS GROUP OF FOUR NAMES (8) A THAT IS A SPECULATION THAT HE MADE IN (i i) WHICH APPEARS IN THE UPPER RIGHT-HAND CORNER (9) THIS LETTER TO ME. OF THE |io) Q AND THAT IS WHAT HE WROTE TO YOU? (12) DOCUMENT IS, PARDON ME, A LIST OF THE COPIES OR Hi) A UH-HUH. (13) PERSONS WHO RECEIVED CARBON COPIES OF THE (12) Q AND YOU KNEW AT THAT TIME THAT AROCLOR LETTER; IS (13) WAS THE TRADE NAME THAT MONSANTO USED TO (14) THAT RIGHT? DESCRIBE ITS (is) A THE LIST OF NAMES IN THE TOP RIGHT-HAND (14) PCB PRODUCTS? (16) SIDE ARE THE PEOPLE WHO RECEIVED IDENTIFIED COPIES (is) A AROCLOR WAS THE - AROCLOR WAS THE TRADE OF (is) MARK THAT MONSANTO USED TO DESCRIBE THE (17) THIS MEMO. CHLORINATED (is) Q OKAY. AT THAT TIME DR. KELLY'S JOB IN Ii?) DIPHENYL THAT WE SOLD TO THE DIELECTRIC INDUSTRY IN (19) ST. LOUIS WAS AS THE MEDICAL DIRECTOR OF THE (is) EUROPE. MONSANTO Ii9) AGAIN, I WILL HAVE TO COME BACK AND JUST (20) COMPANY, RIGHT? (20) MAKE THE POINT THAT PCB. AS A COLLECTION OF (2D A I BELIEVE THAT WAS HIS TITLE. ALPHABET (22) Q HE WAS THE HEAD OF THE MEDICAL DEPARTMENT (2D SOUP, WAS SOMETHING THAT WAS NOT IN COMMON (23) AT MONSANTO? CURRENCY (24) A HE WAS THE PERSON THAT I WOULD TALK TO IF (22) AT THIS POINT IN TIME. (25) I HAD A QUESTION ABOUT A MEDICAL ISSUE RELATED TO A (23) IT BLURS SOME OF THE ACTIONS AND THINGS (26) MONSANTO PRODUCT. (24) THAT MONSANTO WAS TAKING IN AT THAT POINT IN TIME (27) Q ALL RIGHT. AND ONE OF THE OTHER PEOPLE FOR (28) YOU SENT THIS MEMO TO WAS D, V. N, HARDY IN THE (25) US TO KEEP COMING BACK THAT PCB WAS ALREADY A Page 1506 (26) WELL-ESTABLISHED FACT. (1) LONDON OFFICE OF MONSANTO, RIGHT? (27) IT WASN'T. (2) AYES, IT WAS. 128) Q ONE OF THE THINGS THAT MR, PALME WROTE TO (3) Q AND AT THAT TIME D. V. N. HARDY WAS A Page 1504 (4) MEDICAL CONSULTANT FOR MONSANTO IN ITS LONDON ID YOU IN THIS LETTER WAS THAT IT WAS HIS THOUGHT OFFICE, THAT (5) RIGHT? (2) "WE PROBABLY WILL HAVE TO HAVE AROCLOR (6) A HE ESSENTIALLY CONSULTED FOR MONSANTO REGISTERED 17) EUROPE TO HELP US UNDERSTAND MEDICAL ISSUES Transwestern v. Monsanto Page 1502 to Page 1506 HARTOLDMONOO11309 BSA Trial Transcript (December 3, 1993] XMAX(4) (8) SURROUNDING THE PRODUCTS WE WERE SELLING IN EUROPE. (9) Q YOUR MEMO TO MR. BUCHANAN INFORMED HIM IN (io) THE FIRST PARAGRAPH AND FIRST LINE THAT YOU WERE (H) ATTACHING A COPY OF THE LETTER RECEIVED FROM OLA (12) PALME WHO WAS IN STOCKHOLM, RIGHT? (13) AYES. (14) Q AND THAT WAS THE LETTER WE JUST LOOKED AT (is) A MOMENT AGO? (is) AYES, IT WAS. (17) Q YOU TOLD HIM THAT "IN CONSIDERATION OF (is) THE IMPORTANCE WE ARE PLACING ON THE DEVELOPMENT OF (19) THE SWEDISH MARKET FOR AROCLOR OVER THE NEXT FIVE (20) YEARS WE WOULD BE GRATEFUL IF YOU COULD ARRANGE FOR (21) THIS INFORMATION TO BE CONSIDERED BY THE APPROPRIATE (22) DEPARTMENTS IN ST. LOUIS AND THEIR COMMENTS (23) TRANSMITTED TO US AS SOON AS POSSIBLE." (24) THAT IS WHAT YOU ASKED HIM TO DO? (25) AYES, I DID. (26) Q OKAY. AND BY-WHEN YOU REFERRED TO THE (27) FACT THAT YOU WERE PLACING IMPORTANCE ON THE (28) DEVELOPMENT OF THE SWEDISH MARKET FOR AROCLOR, WHAT Page 1507 0) YOU MEANT WAS, AT THAT TIME IT WAS PART OF YOUR JOB (2) TO GROW MONSANTO'S DIELECTRIC BUSINESS IN SWEDEN; IS (3) THAT RIGHT? (4) A IT WAS PART OF MY JOB TO PROMOTE THE (5) SALES OF A PRODUCT THAT MONSANTO MANUFACTURED IN (6) GREAT BRITAIN WITH THE FORMATION OF THE AFTER-TRADING (7) BLOCK AT THAT TIME, POTENTIALLY A CHLORINATED (8) BIPHENYL WOULD BE IMPORTABLE INTO SWEDEN AT A LOWER (9) DUTY THAN THAT MADE BY OUR COMPETITORS ATTHAT TIME (10) IN GERMANY AND FRANCE. (11) THEREFORE, SWEDEN, AS A MEMBER OFTHE (12) AFTER-TRADING BLOCK, WAS A POTENTIAL TRADING MARKET (13) FOR A BRITISH-PRODUCED CHEMICAL. (14) Q BY "BRITISH-PRODUCED CHEMICAL," YOU MEAN (is) MONSANTO PRODUCED THE CHEMICAL IN BRITAIN AND YOU. (is) HOPED TO SELLIT IN SWEDEN? (17) A THAT'S CORRECT. (18) Q NOW, ONE OF THE THINGS YOU ASKED (is) MR. BUCHANAN IN YOUR MEMORANDUM TO HIM OF THE FIRST (20) OF DECEMBER, 1966 WAS, "HAS ANY ENTIRELY SAFE METHOD (21) BEEN DEVELOPED FOR THE DISPOSAL OF WASTE AROCLOR?" (6) OKAY. TRANSWESTERN EXHIBIT 35 IS A (7) MEMORANDUM FROM D. V. N. HARDY TO A GROUP OF MONSANTO (8) EMPLOYEES, INCLUDING YOU, RIGHT? (9) AYES, IT IS. (10) Q AND IT IS DATED 12TH JANUARY, 1967, (11) RIGHT? ' (12) AYES, IT IS. (13) Q AND IN THIS MEMORANDUM D. V. N. HARDY IN 04) LONDON IS RELAYING INFORMATION TO YOU, TO (is) MR. BUCHANAN, WHO IS THE DIRECTOR OF FUNCTIONAL (16) FLUID'S BUSINESS IN ST. LOUIS, RIGHT? (17) AYES. (18) Q AND TO MR. BENIGNUS WHO WAS ALSO IN ST. (19) LOUIS. (20) WHAT WAS HIS JOB THEN? (21) AMR. BENIGNUS WAS THE WORLDWIDE PRODUCT (22) MANAGER FOR THE DIELECTRIC FLUI0S SOLD BY MONSANTO. (23) Q AND ALSO D. V, N. HARDY SENT HIS - YES, (24) HIS MEMORANDUM OF THE 12TH OF JANUARY, 1967 TO (25) DR. EMMET KELLY, ALSO IN ST. LOUIS? (26) AYES, HE DID. (27) Q IN THE MEMORANDUM - IT WAS DR. HARDY, (28) RIGHT? Page 1509 ID A I DON'T RECALL, ATTHIS POINT WHETHER (2) DOUG HARDY WAS A MEDICAL DOCTOR OR A DOCTOR OF (3) CHEMISTRY, A DOCTOR- (4) Q LET'S CALL HIM D. V. N. HARDY, THEN. (5) IN THE MEMORANDUM OF 12TH JANUARY, 1967, (6) D. V. N. HARDY WAS INFORMING YOU AS WELL AS THE OTHER (7) RECIPIENTS OF THIS MEMORANDUM THAT HE HAD BEEN (8) TALKING TO SOME PEOPLE AT SHELL CHEMICALS IN THE UK, (9) RIGHT? 00) A HE WAS REPORTING ABOUT A CONVERSATION HE HD HAD HAD WITH MR. RICHARDSON OF SHELL CHEMICALS. (12) Q HE WAS REPORTING THAT SHELL CHEMICALS HAD (13) LEARNED OF THE SWEDISH STUDY, AS HAD MONSANTO, (14) CORRECT? (is) AYES. (is) Q AND ONE OF THE THINGS THAT D. V. N. HARDY (17) TOLD YOU ABOUT THE CONVERSATION WITH SHELL CHEMICAL (is) IS REFLECTED AT THE BEGINNING OF THE THIRD PARAGRAPH (19) OF HIS MEMORANDUM TO YOU AND WHAT HE TOLD YOU WAS, "I (20) DISCUSSED WITH RICHARDSON THE SOUNDNESS OF JENSEN'S (21) CLAIMS AND WAS ASSURED THAT HIS WORK AND FINDINGS (22) WERE SOUND," RIGHT? (23) A THAT WAS A COMMENT WHICH HAD BEEN MADE BY (24) MR. RICHARDSON, OBVIOUSLY TO MR. HARDY. (25) AND HE HAD DISCUSSED WITH RICHARDSON - (26) MY UNDERSTANDING WAS THAT HE HAD TALKED TO RICHARDSON (27) WHO WORKED FOR SHELL WHO WERE MANUFACTURERS (22) YOU ASKED THAT QUESTION, CORRECT? (23) AYES, I DID. (24) Q NOW, YOU RECEIVED A MEMORANDUM FROM (25) D. V. N. HARDY WHO WAS THE MEDICAL CONSULTANT IN THE (26) LONDON OFFICE OF MONSANTO IN JANUARY OF 1967 ON THE (27) SUBJECT OF THE SWEDISH FINDINGS, CORRECT? (28) A I'M SORRY? Page 1508 (D Q WHY DON'T WE MAKE IT EASIER. (2) WHY DON'T YOU TURN TO THE NEXT EXHIBIT, (3) WHICH IS TRANSWESTERN 35. (4) A 35? (5) Q 35. OF (28) PESTICIDES AND SOREN JENSEN'S WORK INVOLVED PESTICIDE_____________________ ________________________________ Page 1510 ID RESIDUES IN SWEDEN. (2) SO MR. HARDY HAD TALKED TO MR. RICHARDSON (3) TO SAY, "IS MR. JENSEN A COMPETENT ANALYST? (4) "WHAT DO YOU KNOW THROUGH YOUR PREVIOUS (5) CONTACT WITH MR. JENSEN'S WORK IN OTHER CONTEXTS (6) ABOUT HIS QUALITIES AS A SCIENTIST?" (7) Q OKAY. SOREN JENSEN WAS ONE OF THE (8) RESEARCHERS WHOSE WORK WAS BEING REPORTED TO YOU BY (9) OLA PALME, CORRECT? (io) AYES, IT WAS. Page 1506 to Page 1510 Transwestern v. Monsanto HARTOLDMONOO11310 9SA Trial Transcript [December 3. 1993] XMAX|5| (11) Q AND THE OTHER FELLOW OR ONE OF THE OTHER (i6) AND I NEED TO CLARIFY. (12) PEOPLE WITH WHOM JENSEN WAS WORKING WAS GUNNAR 03) WIDMARK, CORRECT? (i?) WHAT I'M SAYING HERE IS THAT IN THE (is) REPORTS IN THE SWEDISH PRESS WHICH HAD PROMPTED MY (M> A PROFESSOR WIDMARK WAS A DEPARTMENTAL HEAD (19) VISIT TO SWEDEN, THERE WAS SOME CONJECTURE ABOUT (15) OF A SCIENTIFIC INSTITUTE IN STOCKHOLM IN SWEDEN. (is) AND WAS ESSENTIALLY SOREN JENSEN'S MENTOR (20) AGAIN, THE TERMINOLOGY OF THE MATERIAL WHICH WAS (21) BEING REPORTED FROM SWEDEN, WAS THIS A (17) AND PROFESSOR AND WAS GIVING HIM COLLEGIAL GUIDANCE (22) HYDROCARBON-BASED MATERIAL, WAS IT A PHENOLIC BASED (18) FROM THAT POSITION IN SOREN JENSEN'S GRADUATE (23) MATERIAL. WORK (24) AND DURING MY VISIT TO SWEDEN THE (19) PROGRAM. (25) CONFUSION THAT WAS ELIMINATED WAS THAT WHAT (20) Q WHAT INSTITUTE WAS THAT? SOREN (2D A THE KAROLINSKA INSTITUTE. (26) JENSEN AND GUNNAR WIDMARK BELIEVED THEY WERE (22) Q AND, IN FACT, YOU TRAVELED TO SWEDEN IN (27) DETECTING IN THEIR PESTICIDE RESIDUE TESTS WAS A (23) JANUARY, 1967, CORRECT? (28) CHLORINATED HYDROCARBON AND NOT A CHLORINATED (24) AYES, I DID. (25) Q AND YOU MET AT THAT TIME WITH SOREN (26) JENSEN? Page 1513 ID PHENOLIC MATERIAL. (2) Q AND WHAT YOU WROTE IN THE LETTER WAS, "TO (27) AYES, I DID. I WAS GOING TO BE IN SWEDEN 128) IN THE COURSE OF BUSINESS. (3) ELIMINATE ANY EARLIER CONFUSION THAT THERE MAY HAVE Page 1511 (4) BEEN, I WOULD LIKE TO EMPHASIZE THERE IS NO DOUBT (D I MADE A POINT OF MEETING WITH MR. JENSEN (5) THAT THE CHEMICAL WHICH IS THE SUBJECT OF THE 12) DURING THAT VISIT TO SWEDEN. (6) INVESTIGATION AND THE NEWS RELEASE IS (3) Q WHEN YOU RETURNED TO BRUSSELS FROM SWEDEN CHLORINATED (4) YOU REPORTED TO ST, LOUIS ON YOUR TRIP, DID YOU (7) DIPHENYL, I.E. AROCLOR," CORRECT? NOT? (8) A THAT IS WHAT I WROTE. (5) AYES, I DID. (6) Q AND, IN FACT, IF YOU WOULD SKIP TO (7) TRANSWESTERN EXHIBIT 36, WHICH IS ALSO IN THE JURY (9) BUT THERE WAS STILL A QUESTION OF WERE (io) THEY ACTUALLY FINDING CHLORINATED Bl, D-l OR B-l. Hi) BOTH TERMS ARE USED. (12) BIPHENYL IS USED- (8) NOTEBOOK, THAT TRANSWESTERN EXHIBIT 36 IS A COPY (13) THE COURT: HOLD ON, SIR, WAIT FOR A FURTHER OF (14) QUESTION. P) THE MEMO YOU WROTE TO MR. BUCHANAN IN ST. LOUIS (15) Q BY MR. TALLON: MR. WOOD, IN YOUR MEMO TO (10) REPORTING ON THE RESULTS OF YOUR TRIP TO (16) MR. BUCHANAN YOU REFERRED TO THE FACT THAT THE SWEDEN, (17) INSTRUMENTATION THAT JENSEN AND WIDMARK WERE (11) RIGHT? USING (12) AYES. (18) INVOLVED A MASS SPECTROMETER, A MASS (13) Q IT IS DATED JANUARY 26, 1967 FROM YOUR SPECTROMETER, (14) OFFICE IN BRUSSELS, BELGIUM, RIGHT? (19) CORRECT? (is) A THAT IS CORRECT. (20) A IT'S AMAZING HOW MANY OF US HAVE TROUBLE (16) Q TURN FOR A SECOND, MR. WOOD, TO PAGE 3. I2i) WITH THE PRONUNCIATION OF THE MASS SPECTROMETER. (17) THAT IS YOUR SIGNATURE THAT APPEARS THERE (22) Q NOT YOU APPARENTLY. (is) OVER THE TYPED INDICATION "D. WOOD"? (23) ONE OF THE THINGS THAT YOU SENT TO (19) A IT HAS CHANGED A LITTLE OVER THE YEARS, (24) MR. BUCHANAN WAS A PRESS RELEASE FROM A (20) BUT, YES, THAT IS MY SIGNATURE. COMPANY THAT (21) Q LET'S TURN BACK FOR A SECOND TO THE FIRST (25) HAD MADE THE INSTRUMENTATION THAT WIDMARK AND (22) PAGE. JENSEN (23) YOU WERE SENDING THIS MEMO TO (26) WERE USING, RIGHT? (24) MR. BUCHANAN IN ST. LOUIS, CORRECT? (27) A I BELIEVE AT SOME POINT I DID SEND A (25) A I WAS. (28) PRESS RELEASE FROM A COMPANY THERE, LVK (26) Q AND YOU ALSO SENT IT TO MR. BENIGNUS IN PRODUCTOR IN (27) ST. LOUIS? Page 1514 (28) AYES, I DID. ID SWEDEN. Page 1512 (2) Q ONE OF THE THINGS YOU TOLD MR. BUCHANAN ID Q AS WELL AS TO DR. KELLY IN ST. LOUIS? P) ABOUT THAT PRESS RELEASE, IT APPEARS IN PAGE (2) AYES, I DID. THREE OF (3) Q NOW, ONE OF THE THINGS THAT YOU TOLD THEM (4) YOUR MEMO OF JANUARY 26,1967, IS THAT THE PRESS (4) IN YOUR MEMO REPORTING ON THE RESULTS OF YOUR (5) RELEASE DOES BASICALLY DESCRIBE THE RESEARCH TRIP TO PROGRAM (5) SWEDEN WAS, AND I WILL QUOTE NOW FROM THE (6) CARRIED OUT IN SWEDEN AND DESCRIBES IN CLEAR SECOND TERMS (6) PARAGRAPH OF YOUR MEMO, MR. WOOD, "TO ELIMINATE (7) HOW CHLORINATED DIPHENYLS WERE IDENTIFIED, ANY , RIGHT? (7) EARLIER CONFUSION THAT THERE MAY HAVE BEEN, I (8) A THAT STATEMENT IS MADE, CONTAINED IN THAT SHOULD (9) PRESSRELEASE. (8) LIKE TO EMPHASIZE THAT THERE IS NO DOUBT THAT THE (io) Q NOW, ONE OF THE THINGS YOU TOLD (9) CHEMICAL WHICH IS THE SUBJECT OF THE (i i) MR. BUCHANAN AND MR. BENIGNUS AND DR. KELLY, WAS INVESTIGATION THAT (io) AND THE NEWS RELEASE IS CHLORINATED DIPHENYL, (12) JENSEN'S ONLY AIM IN LIFE WAS AS AN ANALYTICAL I.E. (13) CHEMIST, WAS TO TEST SUBSTANCES FOUND IN HIS Hi) AROCLOR." RESEARCH (12) THAT IS WHAT YOU TOLD THE FOLKS IN (14) WORK ON THE - EXCUSE ME, ON THE OCCURRENCE OF (13) ST. LOUIS? (15) INSECTICIDES IN NATURE, RIGHT? (u) A I WROTE THAT IN THIS LETTER, IN JANUARY (16) A THE MAJOR THRUST OF JENSEN'S WORK WAS TO (15) OF 1967. it?) EXAMINE THE SPREAD OF PESTICIDE RESIDUES IN THE Transwestern v. Monsanto Page 1510 to Page 1514 HARTOLDMONOO11311 bsa Trial Transcript [December 3, 1993] XMAX(6) (18) SWEDISH ENVIRONMENT. (19) Q TURN TO PAGE 2 OF THAT SAME EXHIBIT, IF (20) YOU WOULD, PLEASE, MR. WOOD. (21) IN REPORTING ON YOUR VISIT WITH JENSEN IN (22) SWEDEN, WHAT YOU TOLD BUCHANAN, BENIGNUS AND KELLY ON (23) THE LAST PARAGRAPH OF PAGE 2 WAS THAT THE POINT YOU (24) MADE TO JENSEN WAS THE NEED FOR CARE IN ANY FURTHER (25) PUBLICATION OF HIS WORK WHICH IS MADE, RIGHT? (26) A IN THAT CONTEXT, I WAS CONCERNED AT THE (27) TIME THAT A DAILY PAPER, AS OPPOSED TO A SCIENTIFIC (28) JOURNAL IN SWEDEN, WAS PUBLISHING JENSEN'S WORK, THAT Page 1515 (D THEY HAD TAKEN HIS COMMENTARY ABOUT HIS HYPOTHESIS OF (2) DETECTING SOMETHING IN THE SWEDISH ENVIRONMENT AND (3) HAD MADE CERTAIN LEAPS ABOUT THE CONSEQUENCES OFTHE (4) PRESENCE OF THAT MATERIAL IN THE ENVIRONMENT WHICH (5) DETRACTED FROM THE CREDIBILITY OF SOREN JENSEN. (6) HIS PROFESSOR, GUNNAR WIDMARK, WAS ALSO (7) COUNSELING JENSEN AT THAT TIME THAT HE NEEDED TO (8) PROTECT THE INTEGRITY OF HIS ANALYTICAL WORK TO MAKE (9) SURE THAT IT WAS NOT ABUSED FOR ANY SENSATIONAL do) PURPOSES BY A LACK OF CARE OF THOSE REPORTING THAT (11) BODY OF WORK. (12) Q YOU TOOK NOTES OF THAT MEETING WITH (13) JENSEN, CORRECT? (14) A I PROBABLY TOOK HANDWRITTEN NOTES WHICH I (is) TRANSCRIBED INTO THIS MEMO WHICH I SENTTO MY (is) COLLEAGUES IN EUROPE AND ST. LOUIS. (17) Q AND YOU DESTROYED THE NOTES, RIGHT? (18) A I WOULD HAVE NO PURPOSE TO KEEP THEM. (26) PRACTICE, NO USE KEEPING (27) HANDWRITTEN NOTES WHEN YOU HAVE (28) COMMUNICATED THE CONTEXT OF WHAT Page 1517 (t) YOU HAVE WANTED TO.' (2) Q ONE OF THE THINGS THAT YOU TOLD JENSEN (3) WHEN YOU WERE IN SWEDEN, MR. WOOD, WAS THAT YOU (4) ENCOURAGED HIM, WHEN TALKING TO THE PRESS, NOT TO BE (5) DRAWN INTO AREAS THAT WERE NOT AREAS OF HIS SPECIFIC (6) EXPERTISE, CORRECT? 17) AYES, I DID. ' (8) Q AND YOU EMPHASIZED TO JENSEN THE NEED TO (9) STICK TO WHAT HE KNEW IN DEALING WITH THE PRESS, (10) CORRECT? (11) AYES, I DID. (12) Q IN FACT, YOU TOLD JENSEN IT WAS UNWISE (13) AND UNPROFESSIONAL FOR PEOPLE TO SPEAK TO THE PRESS (14) OUTSIDE OF THEIR AREAS OF EXPERTISE, CORRECT? (is) A I WOULD HAVE USED WORDS TO COMMUNICATE (is) THAT SENSE BECAUSE I BELIEVED DEEPLY THAT THAT IS AN (17) AREA - THAT PEOPLE SHOULD COMMUNICATE IN AREAS WHERE (ia) THEY HAVE FACTUAL BASED KNOWLEDGE. (19) Q TURNING TO PAGE 2 OF YOUR MEMO TO (20) MR. BUCHANAN OF 26 JANUARY, 1967, MR. WOOD, THE VERY (21) BOTTOM OF PAGE 2, ONE OF THE THINGS YOU WROTE TO 122) MR. BUCHANAN WAS THAT "WE DO NOT WANT, PERSONALLY AS (23) MONSANTO, TO GET TOO INVOLVED IN THIS QUESTION." (24) THAT IS WHAT YOU SAID IN THE MEMO, RIGHT? (25) A AT THAT POINT IN TIME, WHEN WE WERE STILL (26) IN MAJOR DOUBT AS TO WHAT HAD BEEN FOUND IN SWEDEN, (27) TO START MAKING ANY PROFOUND STATEMENTS ABOUT A 128) PRODUCT WHICH MAY NOT HAVE BEEN THE SUBJECT OF (19) Q BUT YOU DID DESTROY THEM? (20) A I DON'T RECOLLECT WHETHER I STUFFED THEM THE. Page 1518 (21) IN A FILE OR WHETHER I DESTROYED THEM. (22) I DON'T KNOW WHERE THEY ARE TODAY. (23) Q LET ME READ FROM YOUR DEPOSITION OF (24) SEPTEMBER 3RD, 1992, MR. WOOD. (25) ON PAGE 58, STARTING AT LINE 15: (26) "Q. DID YOU MAKE ANY HANDWRITTEN NOTES?" (27) THE COURT: MR. TALLON, BOTH SIDES, PLEASE (28) PAUSE AFTER YOU NOTE THE CITATION. (D WORK IN SWEDEN. (2) Q AND ONE OF THE THINGS THAT YOU SAID IN (3) THAT CONNECTION TO MR. JENSEN WAS, IN THAT SAME (4) PARAGRAPH, BUT ACTUALLY AT THE BEGINNING OF IT, WAS 15) "THE POINT THAT I HAVE MADE TO JENSEN, IS THE NEED (6) FOR CARE IN ANY FURTHER PUBLICATION OF HIS WORK WHICH Page 1516 (7) IS MADE," RIGHT? (1) LET ME SEE IF THERE IS ANY OBJECTION. (2) YOU ARE ON PAGE 58, WHAT LINE? (3) MR. TALLON: 58 STARTING WITH LINE 15. (4) THE COURT: GOING TO WHAT LINE? (5) MR. TALLON: GOING TO LINE 25 ON THAT PAGE AND (6) OVER TO LINE 2 ON THETOP OF PAGE 59. (7) THE COURT: NOW, IF YOU WILL PAUSE FOR A (8) MOMENT, I WILL LISTEN TO HEAR IF THERE IS ANY (9) OBJECTION. (10) GO AHEAD, MR. TALLON. (8) A I MADE THAT POINT. (9) Q AND THEN AT THE BOTTOM OF PAGE 2, YOU (io) TOLD MR. BUCHANAN IN YOUR MEMO THAT, "I AM HOPEFUL HD THAT WE MIGHT PERSUADE JENSEN HIMSELF TO WRITE A (12) LETTER DEFINING THE TRUE EXTENT OF HIS OWN RESEARCH (13) WORK AND PLACING HIS RESULTS IN THEIR PROPER (14) PERSPECTIVE." (11) MR. TALLON: (READING) ; (12) "Q. DID YOU MAKE ANY (13) HANDWRITTEN NOTES OF YOUR MEETING (is) YOU WERE HOPEFUL YOU MIGHT GET HIM TO (16) WRITE A LETTER AND HELP WITH THE PRESS, RIGHT? (17) A I WAS HOPING THAT HE WOULD PUBLISH A (14) WITH SOREN JENSEN? (15) 'A. I PROBABLY - I (is) LETTER IN EITHER ONE OF THE DAILY JOURNALS THAT HAD (19) PUBLISHED HISWORKALONGSIDESOME CONSEQUENTIAL (is) PROBABLY DID. (20) ALLEGATIONS, AFTER MAKING IT CLEAR THAT HE 07) *Q. DO YOU RECOLLECT (is) WHETHER YOU SAVED THOSE IN ANY (19) FILE AFTER YOUR MEETING? REQUIRED . (2D AND REQUESTED THATTHEY DID PARTICULARIZE WHERE HIS (20) 'A. I DIDN'T. (21) `Q. YOU DIDN'T? (22) `A. I DID NOT. (23) 'I COMMUNICATED BASED ON MY (24) NOTES ATTHE MEETING AND THEN (25) SORT OF DESTROYED THE-NORMAL (22) CONTRIBUTION STARTED AND STOPPED. 123) Q AND ONE OF THE THINGS THAT YOU WANTED TO (24) DO WAS THAT YOU THOUGHT IT WOULD BE HELPFUL TO GAIN (25) HIS FURTHER SUPPORT IF YOU WERE ABLE TO MAKE (26) AVAILABLE TO HIM SMALL QUANTITIES OF PURE Page 1514 to Page 1518 Transwestern v. Monsanto HARTOLDMONOO11312 8SA Trial Transcript [December 3, 1993] (MAX,.'I ISOMERS, Page 1521 (27) RIGHT? (28) A DURING OUR DISCUSSION IT BECAME CLEAR AS (1) Q THAT WAS WHAT WAS BEING USED IN SWEDEN BY (2) THESE TWO RESEARCHERS IN STOCKHOLM? Page 1519 (3) A BY THE ONE RESEARCHER SOREN JENSEN. (1) HE DESCRIBED HIS WORK THAT SMALL QUANTITIES OF (4) I'M NOT SURE THAT WIDMARK WAS ACTUALLY PURE (5) USING THE EQUIPMENT. (2) ISOMERS OF CHLORINATED BIPHENYLS WOULD BE VERY (6) HE WAS, AGAIN, A COUNSELOR OF SOREN 0) HELPFUL TO HE AND THE TECHNICAL COMMUNITY IN (7) JENSEN AND GIVING HIM GUIDANCE IN HIS TERMS OF POST-GRADUATE (4) IDENTIFYING AND ESTABLISHING EXACTLY WHAT WAS (8) WORK. BEING (9) Q SO YOU KNEW THAT FOLKS IN ST. LOUIS WERE (5) SEEN IN THE SWEDISH ENVIRONMENT. (10) LOOKING AT THIS INFORMATION THAT YOU HAD SENT (6) Q WHAT YOU WERE TELLING MR. BUCHANAN, IT (7) WOULD BE HELPFUL TO GAIN HIS SUPPORT IF MONSANTO WAS THEM (11) AND GETTING TOGETHER AND HAVING MEETINGS AND (12) EVENTUALLY YOU HEARD BACK FROM DR. KELLY (8) ABLE TO MAKE THOSE AVAILABLE TO HIM, RIGHT? O) A I WAS ASKING THE QUESTION DO WE HAPPEN TO (10) HAVE SUCH BEASTS AVAILABLE. (11) Q AND YOU WERE WRITING IN THE MEMO, "IT HIMSELF, (13) RIGHT? (14) A I HAD CERTAIN COMMUNICATIONS FROM (is) DR. KELLY DURING THIS PERIOD. (12) WOULD CERTAINLY BE HELPFUL IN GAINING HIS SUPPORT IF (13) WE WERE ABLE TO MAKE AVAILABLE TO HIM ANY SMALL (16) Q WHY DON'T YOU TURN TO EXHIBIT NUMBER 37 (17) IN THAT SAME NOTEBOOK. (is) A 30? (14) QUANTITIES OF PURE ISOMERS," RIGHT? (19) Q 37. (is) A YES, I WROTE THAT, YES. (20) THAT IS A COPY OF A MEMORANDUM THAT YOU (16) Q NOW, AFTER YOUR JANUARY 26, 1967 (2D RECEIVED FROM DR. KELLY, CORRECT? (17) CORRESPONDENCE WITH MR. BUCHANAN, YOU (22) AYES. LEARNED THAT (23) Q AND IT IS - HIS NAME THERE IS ON THE (18) PEOPLE IN ST. LOUIS WERE LOOKING AT THIS ISSUE; IS (19) THAT RIGHT? (20) A YES, I DID. (24) SECOND PAGE AT THE BOTTOM, R. EMMET KELLY, M.D., (25) RIGHT? (26) AYES, IT IS. (21) Q AND ONE OF THE THINGS THEY WERE LOOKING (27) Q AND IT IS DATED FEBRUARY 10TH, 1967, (22) AT WAS THE PRESS RELEASE THAT YOU HAD SENT (28) CORRECT? ALONG WITH Page 1522 (23) YOUR MEMORANDUM OF 26 JANUARY, 1967, RIGHT? (1) A IT IS. (24) AYES, THEY WERE. - (2) Q FROM ST. LOUIS TO YOU AND IT'S ACTUALLY (25) Q THAT WAS A PRESS RELEASE - THIS IS A (3) ADDRESSED TO THE LONDON OFFICE? (26) NOTICE DOCUMENT, YOUR HONOR. (4) A ST. LOUIS HAD OBVIOUSLY FORGOTTEN WE HAD (27) THE COURT: THE EXHIBIT NUMBER, AGAIN, (5) MOVED OUR EUROPEAN HEADQUARTERS FROM LONDON (28) MR. TALLON? TO Page 1520 (1) MR. TALLON: THIS IS AN ATTACHMENT TO (2) TRANSWESTERN EXHIBIT NUMBER 36, WHICH IS THE (6) BRUSSELS, ATEMPORARY ABERRATION. (7) Q THE MEMORANDUM OF FEBRUARY 10, 1967 ALSO (8) WENT TO MR. BUCHANAN? (3) MEMORANDUM, NOT A NOTICE DOCUMENT BUT THE PRESS (9) AYES, IT DID. (4) RELEASE IS. (10) QASWELLASTOD. V. N. HARDY IN LONDON? (5) THE COURT: THEN, LADIES AND GENTLEMEN, AGAIN (6) THE INSTRUCTION APPLIES THATTHE INFORMATION WAS TO (7) SHOW WHAT MONSANTO WAS TOLD AND WHEN, NOT NECESSARILY (8) THAT THE INFORMATION ITSELF IS TRUE. (9) MR. TALLON? do) MR. TALLON: SO ONE OF THE THINGS YOU HAD SENT (it) TO ST. LOUIS WAS THIS PRESS RELEASE THAT DESCRIBED (i2> THE ACTUAL INSTRUMENTATION USED BY WIDMARK AND (13) JENSEN, CORRECT? (11) AYES, IT DID. (12) Q NOW, ONE OF THE THINGS THAT DR. KELLY WAS (13) REPORTING TO YOU WAS THAT IN ST. LOUIS WE HAD A (14) RATHER EXTENSIVE MEETING WHICH INCLUDED THE ST. LOUIS (is) INDIVIDUALS RECEIVING COPIES OF DR. KELLY'S FEBRUARY (16) 10,1967 MEMO ON AROCLOR IN THE AIR AND IN VARIOUS 07) FISH AND OTHER LIVING RESERVOIRS. (is) THAT IS WHAT HE WAS TELLING YOU ABOUT THE (19) MEETING IN ST. LOUIS, RIGHT? (14) AYES. (is) Q AND LKB WAS THE MAKER OF THAT (i6| INSTRUMENTATION AND THIS WAS THEIR PRESS RELEASE, ii?) RIGHT? (is) A THIS WAS A PRESS RELEASE WHICH THEY (19) WANTED TO TAKE COMMERCIAL ADVANTAGE OF A (20) A YES, HE DID. (21) Q AND WHAT ELSE HE TOLD YOU WAS THAT "WE (22) ARE VERY WORRIED ABOUT WHAT IS LIABLE TO HAPPEN IN (23) THE STATES WHEN THE VARIOUS TECHNICAL AND LAY NEWS (24) MEDIA PICK UP THE SUBJECT," RIGHT? PARTICULAR (25) A HE REPORTS THAT IN THE THIRD PARAGRAPH, (20) PESTICIDE CONFERENCE BEING HELD IN STOCKHOLM TO (21) LAUNCH A NEW PIECE OF EQUIPMENT, A RADICALLY NEW 122) PIECE OF EQUIPMENT ANDTO MAKE CLAIMS FOR ITS (26) IMMEDIATELY AFTER THE SECOND PARAGRAPH, WHERE HE (27) REPORTS THAT WE DEFINITELY NEED TO BE PROACTIVE IN (28) GETTING MORE INFORMATION. (23) POTENTIAL CONTRIBUTION TO THE SCIENTIFIC COMMUNITY. Page 1523 (1) Q AND WHAT HE TOLD YOU WAS, "THIS IS (24) Q AND WE CAN SEE IN THE MEMORANDUM THAT (25) WHAT THEY WERE REFERRING TO, THE MACHINERY OR (2) ESPECIALLY CRITICAL AT THIS TIME BECAUSE AIR (3) POLLUTION IS GETTING A TREMENDOUS AMOUNT OF THE (26) INSTRUMENT OR MACHINERY THEY MADE WAS A PUBLICITY (4) IN THE UNITED STATES," RIGHT? COMBINED GAS (5) A HE MAKES THAT STATEMENT AND I CAN ADD (27) CHROMATOGRAPH-MASS SPECTROMETER, LKB 9000, (6) THAT AIR QUALITY WAS EQUALLY, AT THIS PARTICULAR RIGHT? (7) POINT IN TIME, RECEIVING ATTENTION IN EUROPE. (28) A THAT WAS A VERY NEW CONCEPT. (8) THE COURT: MR. TALLON, WE WILL TAKE THE NORMAL Transwestern v. Monsanto Page 1518 to Page 1523 HARTOLDMONOO11313 BSA Trial Transcript [December 3, 1993] XMAX(S) (9) TIME FOR THE BREAK AT THIS POINT. (is) THEY WERE SAYING AND THEY WERE SEEING THOSE WITH (to) THE STAFF HAS BEEN GOING SINCE WELL (it) BEFORE TEN O'CLOCK. (is) EIGHT CHLORINES IN THE MOLECULE, THOSE WEREN'T (17) LIQUIDS. THOSE WERE SOLIDS AND NOT WIDELY USED IN (12) UDIES AND GENTLEMEN, WE WILL BE IN (is) SWEDEN. (13) RECESS UNTIL 11 O'CLOCK, RESUMING AT THAT TIME SO (19) Q WHEN YOU WROTE TO MR. BUCHANAN ON (14) RETURN JUST BEFORE 11 O'CLOCK, THANK YOU. (is) (RECESS.) (20) JANUARY 26, 1967 THAT THERE WAS NO DOUBT WHAT WAS (is) THE COURT: AND RESUMING. (17) GO AHEAD, MR. TALLON. (2D BEING FOUND WAS CHLORINATED BIPHENYL, I.E. AROCLOR. (is) MR. TALLON: THANK YOU, YOUR HONOR. (221 YOU THOUGHT THAT WAS PRETTY BAD NEWS, RIGHT? (19) Q MR. WOOD, I WANTED TO RETURN TO SOMETHING (20) YOU SAID WHEN WE WERE LOOKING AT THE LETTER FROM OLA (23) A IT RAISED SOME ISSUES THAT MONSANTO WAS (24) GOING TO HAVE TO THINK ABOUT AND DECIDE WHAT WAS (25) APPROPRIATE ACTION ON MONSANTO'S PART. (21) PALME. (26) Q YOU DIDN'T THINK IT WAS BAD NEWS THAT (22) YOU SAID THAT PCB'S WERE NOT KNOWN (23) CURRENTLY OR IN CURRENT USAGE; IS THAT CORRECT? (24) A THAT IS RIGHT. (27) CHLORINATED BIPHENYL, I.E. AROCLOR, WAS FOUND IN (28) SAMPLES OF FISH AND BIRDS AND TREES AND INFANT HAIR?______________________________________________________ (25) Q IN FACT, THAT SWEDISH LANGUAGE NEWSPAPER (26) ARTICLE THAT MR. PALME WAS TELLING YOU ABOUT IN THAT (27) LETTER WAS PRETTY BIG NEWS TO YOU, WASN'T IT? (28) A IT WAS A COMPLETE SURPRISE TO ME. Page 1524 (D MY FEELINGS ON RECEIVING AND THINKING Page 1526 (D A ATTHAT POINT IN TIME I DIDN'T KNOW THAT (2) THEY WERE, INDEED, FINDING CHLORINATED BIPHENYL. (3) WHEN I SAID THERE WAS NO DOUBT, I WAS (4) ALLUDING TO THE FACT THAT IN WIDMARK AND JENSEN'S (5) MINDTHERE WAS NO DOUBT THAT THEY WERE SEEING A (6) HIGHLY CHLORINATED ORGANIC COMPOUND ANDTHE (2) THROUGH THE REPORT, THE LETTER FROM OLA PALME, WAS (3) ONE OF SOME CONFUSION. (4) IT RELATED TO A HIGHLY CHLORINATED CENTER OF (7) THAT CHLORINE FITTED THEIR HYPOTHESIS THAT IT HAD A is) MOLECULAR WEIGHT SIMILAR TO THAT OF THE BIPHENYL (9) RING. (5) INDUSTRIAL CHEMICAL MATERIAL TURNING UP IN THE (to) I STILL HAD DOUBT IN MY MIND AS TO (6) ENVIRONMENT, A MATERIAL WHICH WAS NOT WIDELY USED Hi) WHETHER THEY WERE FINDING CHLORINATED BIPHENYL IN OR . (7) SWEDEN, DETECTED BY SOME VERY INNOVATIVE NEW (12) NOT. (8) EQUIPMENT. (13) Q WHEN YOU WERE - ACTUALLY, WHEN DR. KELLY (9) AND I WANTED TO TRY TO GAIN SOME (14) WAS CORRESPONDING WITH YOU IN EXHIBIT 37, WHICH (10) UNDERSTANDING OF WHAT, INDEED, THE RESEARCHERS IN YOU " (i i) SWEDEN WERE FINDING AS AN INTERFERENCE WITH THEIR (12) SEARCH FOR MATERIALS THAT WERE PESTICIDES OR (13) HERBICIDES WHICH WERE INTENTIONALLY BEING (is) WERE LOOKING AT A MOMENT AGO, ONE OF THE NOTICE (16) DOCUMENTS, ONE OF THE THINGS THAT DR. KELLY SAID TO INTRODUCED (i?) YOU WAS, "WE HAVE BEEN RECEIVING QUITE A FEW (14) INTO THE ENVIRONMENT. (is) COMMUNICATIONS FROM OUR CUSTOMERS, BUT THE (is) SO MY SENSE WAS ONE OF-THERE IS MOST (16) SOMETHING THAT WE NEED TO DO TO FIND OUT WHAT THE (17) SWEDISH RESEARCHERS ARE FINDING HERE. (18) Q YOU SAID YOU FELT SOME CONFUSION WHEN YOU (19) CRITICAL ONE IS NCR WHO WERE VERY MUCH INVOLVED WITH (20) THEIR CARBONLESS CARBON PAPER," RIGHT? (19) LEARNED THAT AN INDUSTRIAL CHLORINATED CHEMICAL WAS (20) BEING FOUND IN THIS SWEDISH RESEARCH. (21) IN FACT, WEREN'T YOU PRETTY HORRIFIED (22) WHEN YOU FOUND OUT THAT A CHLORINATED INDUSTRIAL (2D A THAT IS IN THAT LETTER ON PAGE 1 OF (22) EXHIBIT 37. (23) Q OKAY. AND YOU ACTUALLY-PARDON ME. (24) YOU ACTUALLY KNEW ABOUT THE BUSINESS OF (25) NCR FROM CONTACTS YOU HAD HAD WITH THEM? (26) A I HAD NO CONTACT WITH NCR. (23) CHEMICAL WAS BEING FOUND IN FISH AND BIRDS AND INFANT (24) HAIR IN A COUNTRY WHERE IT REALLY WASN'T USED THAT (25) MUCH? (26) A CONFUSION, SURPRISE, PUZZLEMENT. (27) THERE IS A CREDIBILITY ISSUE HERE. (28) WHAT, INDEED, ARE THEY SEEING? Page 1525 (D I MENTIONED SOME CONFUSION IN THE (27) I HAD CONTACT WITH A EUROPEAN PRODUCER OF (28) CARBONLESS PAPER. __________ Page 1527 (D Q A EUROPEAN PRODUCER OF CARBONLESS CARBON (2! PAPER AND THAT IS WHAT NCR MADE, RIGHT? (3) A NCR MADE THAT TYPE OF PRODUCT IN THE (4) UNITED STATES. (5) Q NOW, CARBONLESS CARBON PAPER WAS (6) BASICALLY A COUPLE OF PIECES OF PAPER LIKE IN CREDIT (2) LANGUAGE AT THAT TIME BETWEEN CHLORINATED BIPHENYL (3) AND BIPHENYLS AND PHENOLS. (4) I THINK WE ARE ALL AWARE THAT SWEDEN HAS (7) CARD RECEIPTS WHERE YOU COULD SIGN YOUR NAME ANDTHE (8) IMPRESSION WOULD COME THROUGH WITHOUT THE CARBONS IN (5) A FAIRLY SUBSTANTIAL TIMBER INDUSTRY, FOREST INDUSTRY (6) AND PAPER INDUSTRY. (7) HIGHLY CHLORINATED PHENOLS WERE USED IN (8) THOSE INDUSTRIES. (9) SO I COULD VISUALIZE CONCEPTUALLY HOW (to) THERE COULD BE A TRANSFER IN THE ENVIRONMENT OF SOME (11) OF THOSE TYPES OF MATERIALS. (12) PARTICULARLY LKB PRODUCTOR PRESS RELEASE (13) RELATED TO EIGHT CHLORINE-CONTAINING MATERIALS. (14) IF, INDEED, IT WAS CHLORINATED BIPHENYLS (9) BETWEEN, RIGHT? (10) A WE USE IT A GREAT DEAL TODAY. (11) Q OKAY. AND AT THAT TIME NCR USED AROCLOR (12) 1242 TO MAKE CARBONLESS CARBON PAPER, RIGHT? (13) A I BELIEVE THEY DID. (14) Q SO ONE OF THE THINGS THAT DR. KELLY WAS (is) WRITING YOU ABOUT WAS THE CUSTOMER, NCR, WHO WAS (16) USING AROCLOR 1242 IN THEIR CARBONLESS CARBON PAPER, (17) IN HIS MEMO OF FEBRUARY 10, 1967, RIGHT? (ia) AYES. Page 1523 to Page 1527 Transwestern v. Monsanto HARTOLDMONOO11314 SSA Trial Transcript [December 3, 1993] XMAXlSi (19) Q AND HE DESCRIBED THEM AS A CRITICAL (20) CUSTOMER, RIGHT? (26) D. V. N. HARDY WROTE TO SHELL AND SAID, "NOW THAT IT (21) A HE REFERS TO THEM AS A CRITICAL ONE AND (27) SEEMS CERTAIN THAT CONTAMINATION BY (22) THAT IS NOT CLEAR TO MY MIND - CRITICAL IN WHAT CHLORINATED (23) SENSE? (28) BIPHENYLS IS TAKING PLACE, WE ARE KEEN TO FOLLOW (24) Q IN FACT, NCR WAS A VERY BIG BUYER OF UP (25) AROCLOR 1242, RIGHT? Page 1530 (26) A THEY WERE LARGE, NOT THE LARGEST. (27) Q BUT PRETTY LARGE? (D AND DETERMINE JUST HOW AND WHERE THE CONTAMINATION IS (28) A PRETTY LARGE. (2) TAKING PLACE, " RIGHT? Page 1528 (3) A I DON'T RECOLLECT THIS PARTICULAR LETTER. (t) Q LOTS OF 1242 WAS BEING USED OVERSEAS IN (4) AND I SEE THAT I'M NOT - I'M NOT NOTED (2) EUROPE AND IN THE UK TO MAKE CARBONLESS CARBON (5) AS A COPYEE ON THIS PARTICULAR LETTER. PAPER, (6> Q BUT YOU WERE AWARE? (3) RIGHT? (7) A I WAS GENERALLY AWARE THAT HARDY WAS (4) A NO. (8) CONTINUING A DIALOGUE WITH RICHARDSON, BUT I CAN'T (5) THE DEVELOPMENT OF CARBONLESS COPY PAPER (9) RECALL 25 YEARS ON THE PARTICULAR CONTENTS OF THIS (6) SYSTEMS IN EUROPE WAS SUBSTANTIALLY BEHIND THAT IN (10) PARTICULAR. (7) NORTH AMERICA. (11) Q OKAY. MR. WOOD, AFTER THE INITIAL WORK (8) THE VOLUMES WERE NOT LARGE AT THAT POINT (12) THAT YOU HAD DONE VISITING SWEDEN AND SO FORTH (9) IN TIME. AND (10) THE DIELECTRIC BUSINESS WAS THE LARGEST (is) COMMUNICATING WITH DR. KELLY AND OTHERS IN ST. (11) AROCLOR, CHLORINATED BIPHENYL BUSINESS. LOUIS, (12) Q SO THE DIELECTRIC BUSINESS WAS BIGGER (U) YOU CORRESPONDED WITH SCOTT TUCKER A NUMBER (13) THAN THE CARBONLESS CARBON PAPER IN EUROPE? OF YEARS (14) A IT WAS. (is) LATER, IN 1969, RIGHT? (15) Q IN DR. KELLY'S MEMO TO YOU, MR. WOOD, ON (16) AYES, I DID, EVEN THOUGH I WAS NOT (16) PAGE 2 OF THAT FEBRUARY 10, 1967 MEMO, TOWARDS (17) DIRECTLY INVOLVED WITH DIELECTRIC FLUIDS AT THAT THE . (is; POINT IN TIME. (i?) BOTTOM OF THE SECOND PAGE, ONE OF THE THINGS (19) MY JOB, AS WE DISCUSSED IN MY DEPOSITION, THAT (20) CHANGED IN 1968. (is) DR. KELLY TOLD YOU IN THAT MEMO WAS THAT "THE (2D Q RIGHT. (is) CONCENSUS IN ST. LOUIS IS THAT WHILE MONSANTO (22) YOU CHANGED JOBS OUT OF THE DIELECTRIC WOULD (23) BUSINESS IN 1968 BUT YOU WERE STILL WORKING FOR (20) LIKE TO KEEP IN THE BACKGROUND IN THIS PROBLEM, (24) MONSANTO? WE (25) A I WAS STILL WORKING FOR MONSANTO. (21) DON'T SEE HOW WE WOULD BE ABLE TO IN THE UNITED (26) Q AND SCOTT TUCKER WHO WAS WORKING FOR (22) STATES," RIGHT? (27) MONSANTO IN ST. LOUIS CONTACTED YOU FOR SOME (23) A HE STATES THAT, YES. (28) INFORMATION, RIGHT? (24) Q AND HE TOLD YOU THAT "WE FEEL OUR Page 1531 (25) CUSTOMERS, ESPECIALLY NCR, MAY ASK US FOR SOME (1) AYES. SORT (2) HE WANTED TO USE MY MEMORY TO CLARIFY 126) OF DATA CONCERNING THE SAFETY OF THESE RESIDUES O) SOME INFORMATION. IN (4) Q HE WANTED TO PROBE YOUR MEMORY OF THE (27) HUMANS," RIGHT? THAT IS WHAT HE WROTE TO YOU? (5) INITIAL TIME PERIOD AFTER MONSANTO LEARNED 128) A THAT IS WHAT HE WROTE. ABOUT WHAT Page 1529 (6) THE SWEDES WERE DOING, RIGHT? (D Q AND HE FURTHER WROTE THAT "THIS OBVIOUSLY (7) A IT WAS A LOT EASIER TO DO IT THEN THAN IT (2) MIGHT BE OPENING THE DOOR TO AN EXTENSIVE AND (8) IS TODAY. QUITE (9) Q AND, IN PARTICULAR, MR. WOOD, WHY DON'T 0) EXPENSIVE TOXICOLOGICAL, PHARMACOLOGICAL (io) YOU LOOK AT TRANSWESTERN'S 69. (4) INVESTIGATION," RIGHT? (i i) YOU PROBABLY NEED ANOTHER BINDER IN ORDER (5) A IF WE ARE GOING TO DO IT, IT WOULD NEED (12) TO LOOK AT THAT ONE. (6) TO BE DONE WELL AND IT WAS GOING TO BE COSTLY. (13) A I WILL BE FINISHED WITH THIS ONE, (7) QNOW, AS YOU KNOW, D.V.N. HARDY (14) MR. TALLON? (8) CONTINUED TO COMMUNICATE WITH SHELL ABOUT THE (15) Q WE ARE, YES. PCB (16) A WHICH NUMBER? (9) ISSUE, RIGHT? (17) Q YOU SHOULD LOOK AT THE BINDER THAT (io) A I BELIEVE HE DID. (is) INCLUDES EXHIBIT 69. (i i) Q AND YOU ARE AWARE, ARE YOU NOT, MR. WOOD, (19) THAT SHOULD BE VOLUME 2 OF THE BLUE (12) THAT ON THE 3RD OF NOVEMBER, 1967, D. V. N. HARDY (20) BOOKS. (13) WROTE TO SHELL AND SAID, "NOW THAT IT SEEMS (21) A 69? CERTAIN (22) Q 69. (14) THAT CONTAMINATION BY CHLORINATED BIPHENYLS" - (23) A I HAVE IT. (is) A EXCUSE ME, MR. TALLON. (24) Q ALL RIGHT. THAT EXHIBIT, TRANSWESTERN'S (16) DO I HAVE A COPY OF THAT? (25) 69, IS A COPY OF A MEMO THAT YOU WROTE TO SCOTT (17) Q QUITE RIGHT. (26) TUCKER FROM BRUSSELS DATED 4TH FEBRUARY, 1969, (is) WHY DON'T YOU TURN TO EXHIBIT 43, WHICH RIGHT? (19) IS NOT ONE OF THE NOTICE DOCUMENTS. (27) AYES. (20) IS IT STILL IN THAT BINDER? (28) Q AND WHAT YOU ARE DOING IN THIS IS THAT (21) AYES, IT IS. Page 1532 (22) THE THIRD OF NOVEMBER? (1) YOU ARE RESPONDING TO A QUESTION THAT MR. (23) Q YES. TUCKER HAS (24) MY QUESTION WAS, YOU WERE AWARE, WEREN'T (2) ASKED YOU, RIGHT? (25) YOU, MR. WOOD, THAT ON THE THIRD OF NOVEMBER, (3) A I'M SORRY. 1967, (4) I WAS JUST REVIEWING THE LETTER. Transwestern v. Monsanto Page 1527 to Page 1532 HARTOLDMONOO11315 BSA Trial Transcript [December 3, 1993] XMAX(IO) (5) Q WHAT YOU WERE DOING IN YOUR MEMO OF THE (6) 4TH OF FEBRUARY, 1969 WAS, YOU WERE RESPONDING TO A (7) QUESTION THAT SCOTT TUCKER HAD ASKED YOU? (8) AYES, I WAS. . (9) Q AND YOU SENT COPIES OF YOUR MEMO TO no) DR. KELLER IN ST. LOUIS? Hi) A WHO WAS SCOTT TUCKER'S BOSS, I THINK, I (12) RECALL AT THAT POINT IN TIME. (13) Q AND YOU SENT IT ALSO TO DR. RICHARD WHO (14) WAS IN ST. LOUIS? (is) A DR. RICHARD WAS THE DIRECTOR OF RESEARCH (16) ATTHATTIME FOR THE FLUIDS BUSINESS. (17) Q YOU ALSO SENT A COPY TO ELMER WHEELER WHO (is) WORKED FOR DR. KELLY IN THE MEDICAL DEPARTMENT? (is) AYES. (20) Q AND IN THE TEXT OF YOUR MEMO TO SCOTT (21) TUCKER WHAT YOU SAID WAS, THIS IS RIGHT IN THE MIDDLE (22) OF THE PARAGRAPH NOW, MR. WOOD, "I DON'T THINK AT (23) THAT TIME WE QUESTIONED THAT HE HAD IN ACTUAL FACT (24) FOUND CHLORINATED BIPHENYL IN THE SEA EAGLES' LIVERS (25) BUT QUESTIONED HIS INCORRECT QUOTATION OF CERTAIN (26) MEDICAL INFORMATION." (27) THAT IS WHAT YOU WROTE TO SCOTT TUCKER, (28) RIGHT? Page 1533 (D AYES. (2) I WOULD LIKE TO - THE WORDING ON THIS 0) ONE HAS TROUBLED ME FROM TIME TO TIME. (4) Q LET'S SAVE THAT FOR JUST A SECOND. (5) AWELL.NO. (6) YOU HAVE RAISED THE ISSUE ABOUT - YOU (7) QUOTED I DON'T THINK AT THAT TIME THAT HE HAD, IN (8) FACT; HAD ACTUALLY FOUND CHLORINATED BIPHENYL. (9) QUH-HUH. (io) A WHAT I WAS SAYING IN THIS MEMO IS WHEN WE (i i) HAD THE MEETINGS WITH JENSEN WE DID NOT GET INTO A (12) LOT OF CONFRONTATIONAL ARGUMENT ABOUT WAS HE OR WAS (13) HE NOT FINDING CHLORINATED BIPHENYL. (14) THE MAJOR COMPONENT OF THE DISCUSSION WAS (is) OUR CONCERN THAT IF HE HAD FOUND CHLORINATED (is) BIPHENYL, THEN WHERE WOULD, BY EXTENSION, SOME OF THE (i 7) OTHER CONSEQUENTIAL HAZARDS THAT HAD BEEN PUBLISHED (is) ALLIED TO HIS NAME AND HIS PROFESSIONAL REPUTATION. r (is) SO THE FACT WE QUESTIONED-WHAT WE ARE (20) SAYING IN THIS MEMO, WE DIDN'T GET INTO A LONG THING (21) OF SAYING, THERE IS NO WAY YOU COULD HAVE FOUND (22) CHLORINATED BIPHENYLS. (23) Q YOU DIDN'T CHALLENGE THAT? (24) A DIDN'T CHALLENGE IT BECAUSE WE DIDN'T (25) HAVE THE DATA AT MONSANTO AT THAT POINT TO CHALLENGE (26) IT OR NOT TO CHALLENGE IT. (27) WE HAD TO PUT TOGETHER OUR OWN PROGRAM TO (28) TRY TO FIND OUT COULD WE REPRODUCE AND - COULD WE Page 1534 (1) REPRODUCE AND FIND PCB'S IN THE ENVIRONMENT (2) OURSELVES. (3) Q WHEN YOU WROTE THIS SENTENCE, "I DON'T (4) THINK THAT AT THE TIME WE QUESTIONED THAT HE HAD IN (5) ACTUAL FACT FOUND CHLORINATED BIPHENYL IN THE SEA (6) EAGLES' LIVERS," THE "HE" REFERRED TO IS JENSEN, (7) RIGHT? (8) AYES. (9) Q AND WHAT YOU WROTE TO SCOTT TUCKER AT (10) THAT TIME WAS, "SINCE HE APPRECIATED, AT THIS " POINT," , HD AND AGAIN YOU ARE REFERRING TO JENSEN, CORRECT? (12) AYES, I AM. (13) Q AND WHAT YOU SAID WAS, "SINCE JENSEN HAD (14) APPRECIATED THIS POINT, WE THEN LET THE MATTER REST, (is) NOT WANTING TO STIR UP FURTHER AGITATION IN OTHER (16] COUNTRIES," RIGHT? (17) A WHAT I WAS STATING THERE IS THAT UNTIL WE (is) HAD CONCLUSIVELY FOUND THAT WE WERE DEALING WITH (19) CHLORINATED BIPHENYLS OR CHLORINATED PHENOLS, THERE (20) WAS NO POINT IN OPENING A WIDE-SCALE PUBLIC DEBATE (2D ABOUT THE CONSEQUENCES, THAT THERE WAS A POSITION (22) HERE WHERE MONSANTO NEEDED TO DO SOMETHING AND IT (23) NEEDED TO GET ON AND DO SOMETHING TO ELUCIDATE AND (24) ESTABLISH A FACTUAL DATA BASE AS TO HOW WERE (25) INDUSTRIAL CHEMICALS GETTING WIDESPREAD CURRENCY IN (26) THE ENVIRONMENT, IF, INDEED, THEY WERE. (27) IF THEY WEREN'T, TO BE ABLE TO SAY, 'NO (28) THEY ARE NOT AND HERE IS THE EVIDENCE THEY ARE NOT,' Page 1535 (D Q MR. WOOD, IT IS FACT THAT YOU DIDN'T WANT (2) TO STIR UP AGITATION IN OTHER COUNTRIES, RIGHT? (3) A PUT SIMPLISTICALLY AS YOU PUT IT, YES. (4) IT WAS TO NOBODY'S BENEFIT TO. (5) Q AND SINCE THE TIME THAT YOU HAD MET WITH (6) JENSEN, WHAT YOU TOLD MR. TUCKER WAS, "THERE HAS BEEN (7) LITTLE MORE HAPPENING IN EUROPE UNTIL ABOUT A MONTH (8) AGO WHEN AN ARTICLE APPEARED IN A DANISH NEWSPAPER (9) DISCUSSING JENSEN'S WORK," AND THIS WAS AROUND (10) JANUARY OF'69, RIGHT? (11) AYES. (12) Q SO BETWEEN LATE '66 AND EARLY '69 THERE (13) WASN'T A LOT OF ACTIVITY IN THE PUBLIC PRESS OVER IN (14) EUROPE ABOUT THE REPORTS OF THE RESEARCH OF WIDMARK (is) AND JENSEN? (16) A I WAS NOT FOLLOWING THE WORK DIRECTLY, AS (17) I TOLD YOU. (is) I HAD MOVED TO A DIFFERENT AREA OF (19) PRODUCT ACTIVITY DURING THIS PERIOD, PURELY BECAUSE I (20) WAS INTERESTED, PERSONALLY, BY THIS DEVELOPMENT LATE (2D IN MY ASSOCIATION WITH DIELECTRICS. (22) I TRIED TO KEEP MYSELF AWARE OF WHAT WAS (23) HAPPENING IN THE TECHNOLOGY PRESS. (24) BUT IT WAS NOT PART OF MY (25) RESPONSIBILITIES WITHIN MONSANTO AT THAT POINT IN (26) TIME. 127) Q I WANT TO JUST TURN BACK TO EARLY '67, (28) MR. WOOD., ___________________________ Page 1536 ID WHEN YOU WERE COMMUNICATING WITH (2) DR. KELLY, I TAKE IT YOU DID THAT AT LEAST INITIALLY (3) MOSTLY BY PHONE, RIGHT? (4) A PHONE AND LETTER. (5) Q OKAY. AND YOU HAD A PHONE CALL WITH (6) DR. KELLY ON FEBRUARY 21ST, 1967, RIGHT? (7) A IF THERE IS REFERENCE TO IT, I PROBABLY (8) DID. (9) Q ALL RIGHT. WELL, I WAS ACTUALLY WRONG. (io) YOU DO NEED TO TAKE OUT BINDER NUMBER ONE (it) AGAIN. (12) SORRY. Page 1532 to Page 1536 Transwestern v. Monsanto HARTOLDMONOO11316 BSA Trial Transcript [December 3, 1993] XMAXC' i (13) WHY DON'T YOU LOOK AT TRANSWESTERN 39 <u) WHICH IS NOT A NOTICE DOCUMENT AND NOT IN THE JURY (15) NOTEBOOK. (16) IN THAT PHONE CONVERSATION YOU HAD WITH (17) DR. KELLY, YOU AND DR. KELLY AGREED THAT IN (22) A FUNCTIONAL FLUIOS DESCRIBED A BROAD RANGE (23) OF FLUIDS INCLUDING DIELECTRIC FLUIDS. (24) OTHER EXAMPLES OF FUNCTIONAL FLUIDS WERE (25) THINGS LIKE AVIATION SAFETY HYDRAULIC FLUIDS WHERE (26) MONSANTO SUPPLIED FIRE-RESISTANT FLUIDS TO PROTECT FEBRUARY, (16) 1 967 THERE WAS NO NECESSITY AT PRESENT FOR ANYONE (19) FROM ST. LOUIS TO CONTACT SWEDISH PEOPLE, IN FACT IT (20) WOULD BE UNWISE, RIGHT? (21) YOU REFERRED TO THE THIRD PARAGRAPH, (22) MR. WOOD. (23) A AGAIN, I-THIS IS NOT-I'M NOT (24) COPIED. (27) AGAINST FIRES WHEN PLANES LANDED AND HAD HOT BRAKE (26) DRUMS. Page 1539 (1) Q DURING THAT TIME PERIOD, WAS TURBINOL ONE (2) OF THE PRODUCTS FOR WHICH YOU WERE RESPONSIBLE? (3) A NO, I WAS NOT.RESPONSIBLE FOR TURBINOL. (4) Q WHAT DID YOUR JOB ENTAIL AS PRODUCT (5) SUPERVISOR FOR DIELECTRICS IN EUROPE? (25) THIS IS AN INTERNAL MEMO TO ST. LOUIS (26) WHICH SEEMS TO BE, AS I SAY, AN INTERNAL U.S. (27) DISTRIBUTION, NO COPIES TO EUROPE. 128) DR. KELLY SEEMS TO BE REPORTING A (6) A THE DIELECTRIC FLUIDS THAT MONSANTO MADE (7) WERE SOLD INTO THE DISTRIBUTION TRANSFORMING (8) INDUSTRY, REDUCING ELECTRICAL VOLTAGE FROM THE HIGH Page 1537 (9> LEVELS AT WHICH IT'S DISTRIBUTED ALONG POWER LINES (1) TELEPHONE CONVERSATION WITH ME IN BRUSSELS. TO (2) AND UNDER POINT THREE THE POINT IS MADE (to) THE LOWER VOLTAGES WHICH IT IS CONSUMED. (3) THAT HE, KELLY, SEEMS TO BE ASSESSING THE (i i) THE FLUIDS WERE ALSO SOLD INTO THE POWER CONCLUSION (12) CAPACITOR INDUSTRY WHICH WERE DEVICES TO OPTIMIZE (4) THAT THERE IS NO NEED AT THAT POINT IN TIME FOR THE (5) ANYONE FROM OUR ST. LOUIS STAFF TO - THAT THEY (13) CAPACITY UTILIZATION OF ELECTRICAL DISTRIBUTION WERE (14) SYSTEMS. (6) ABLE TO RELY ON ANY CONTACTS THAT WE WERE MAKING IN (15) THE FLUIDS WE USED IN BALANCE AS (16) CAPACITORS, WHICH ARE THE CAPACITORS WHICH (7) SWEDEN. PROVIDE (8) AND THERE WAS NO NEED TO MAKE A DIRECT (17) THE JUMP START TO STRIKE A LIGHT AGAINST A (9) CONTACT AT THAT TIME. (is) FLUORESCENT LIGHT TUBE, ALL OF WHICH NEEDED TO BE (io) Q NO NEED AND IN FACT UNWISE, RIGHT? THAT (19) FIRE RETARDANT MATERIALS TO SECURE PROPERTY AND (i i) IS WHAT HE SAYS IN THE MEMO ABOUT YOUR PHONE LIFE (12) CONVERSATION? (20) AGAINST POTENTIAL IGNITION OF A (13) A UNWISE TO THE EXTENT WE WOULD HAVE VERY FLAMMABLE-OIL-BASED (14) LITTLE TO CONTRIBUTE AT THAT POINT IN TIME. (21) SYSTEM BY A SPARK OR AN ELECTRICAL ARC. (is) MR. TALLON: NOTHING FURTHER AT THAT TIME. (22) MY JOB IMPLIED TALKING TO PEOPLE WHO (16) THE COURT: MR. PREUSS, MR. ZIMMER. CROSS? (23) MANUFACTURED THESE DEVICES IN EUROPE, PERSUADING (17) THEM (is) CROSS EXAMINATION (24) THAT THE EUROPEAN DISTRIBUTION SYSTEMS COULD (is) BY MR. ZIMMER: BENEFIT (20) Q GOOD MORNING, MR. WOOD. (25) FROM THE USE OF THESE SAFER MATERIALS, AND TO (21) A GOOD MORNING. WORK (22) Q I WANT TO TOUCH ON A FEW THINGS THAT (26) WITH THEM IN TERMS OF DESIGNING SUCH EQUIPMENT (23) MR. TALLON - WELL, I WANT TO ASK YOU FIRST OF ALL THAT (24) WHEN WERE YOU FIRST EMPLOYED BY MONSANTO? (27) THEY ACCUMULATED IN THEIR DESIGNS COMPATIBLE (25) A STRAIGHT FROM - IT WAS AFTER I GRADUATED ALUMINUM (26) FROM CAMBRIDGE, LATE t959. (26) AND OTHER INSULATING MATERIALS TO GIVE LONGEVITY (27) IT WAS EITHER 1959 EARLY 1960. TO 128) Q WHAT WAS YOUR POSITION AT THAT TIME? Page 1540 Page 1538 (1) THE LIFE OF THE EQUIPMENT. (D A I JOINED THEM THROUGH AN INDOCTRINATION (2) IT WAS IMPORTANT TO MAKE MARKET 12) PHASE, AN ORIENTATION PHASE AND THEN SHORTLY (3) EVALUATIONS, TO OBTAIN COMPETITIVE DATA, TO MAKE (3) THEREAFTER I BECAME A TECHNICAL SALESMAN. (4) PROMOTIONAL CAMPAIGNS REGARDING OUR MATERIAL, (4) Q WAS THAT YOUR FIRST JOB OUT OF COLLEGE? TO MAKE (5) AYES, IT WAS. (5) SURE THAT OUR TECHNICAL BULLETINS WHICH (6) Q AND, SIR, HAVE YOU EVER HAD ANY TRAINING SUPPORTED THE (7) OR EXPERIENCE WITH THE OPERATION OF NATURAL GAS (6) USE OF OUR MATERIALS INFORMED OUR CUSTOMERS HOW (8) TURBINES OR COMPRESSORS? THEY 0) A NO, I HAVEN'T. (7) HANDLED WITH ADEQUATE INDUSTRIAL HYGIENE TO (10) Q AND HAVE ANY OF YOUR JOBS AT MONSANTO PREVENT ' (11) EVER MADE YOU RESPONSIBLE FOR SELLING TURBINOL? (8) ANY INJURY TO THEIR WORKING STAFF IN USING AND (12) A NO. (9) WORKING WITH THE CHEMICALS TO BE PRODUCED. (13) Q NOW, LET'S TALK A LITTLE BIT ABOUT 1966. (10) IT WAS A MANAGEMENT OF A PRODUCTION (14) WHAT WAS YOUR POSITION, AGAIN, IN 1966? (11) DELIVERY AND SELLING SYSTEM FOR THE FLUIDS. (15) AIN 1966 I WAS IN THE BRUSSELS (12) Q IT SOUNDS LIKE YOU WERE A BUSY MAN. (16) HEADQUARTERS, NEWLY FORMED, OF MONSANTO (13) AYES, I WAS. EUROPE. (14) Q LET'S MOVE FORWARD A BIT IN YOUR (17) MY ROLE WAS THAT OF PRODUCT SUPERVISOR (is) EMPLOYMENT HISTORY WITH MONSANTO. (is) FOR THE DIELECTRIC FLUIDS THAT MONSANTO SOLD (16) WHAT WAS THE NEXT POSITION YOU ASSUMED? ACROSS (17) A WHEN I MOVED AWAY FROM THE FUNCTIONAL (19) EUROPE. (is) FLUIDS AREA I WAS INVOLVED WITH THE FINE CHEMICALS (20) Q AND WERE FUNCTIONAL FLUIDS WITHIN YOUR (t9) AREA. (2D GROUP AT THAT TIME? (20) FINE CHEMICALS, LOWER VOLUME, SPECIALITY Transwestern v. Monsanto Page 1536 to Page 1540 HARTOLDMONOO11317 BSA Trial Transcript [December 3, 1993] XMAX( 12) (2D TYPE CHEMICAL MATERIALS. (1) WHEN I RETURNED FROM BRAZIL I RAN A (22) THE MAIN PRODUCT THAT I WAS DEALING WITH (23) AT THAT TIME WAS ASPIRIN. (2) BUSINESS THAT WE CALLED POLYMER MODIFICATION POLYMER ' (24) IT'S LITTLE KNOWN THAT MONSANTO WAS O) MODIFIERS, WHICH ADDED AND ENHANCED THE (25) THE - ALTHOUGH PEOPLE DID NOT BUY A TABLET MARKED PROPERTIES OF (26) MONSANTO, MONSANTO WAS THE WORLD'S LARGEST (4) PLASTIC MATERIALS TO MAKE THEM MORE USEFUL TO PRODUCER (5) SOCIETY. (27) OF ASPIRIN. (6) THE LAST JOB I HAD WITH MONSANTO PRIOR TO (28) SO I SPENT SOME YEARS INVOLVED WITH THAT (7) MY RECENT RETIREMENT WAS TO HANDLE A PRODUCT Page 1541 CALLED (1) PARTICULAR MARKETPLACE IN EUROPE. (8) SAFEPLEX, SAFEPLEX NOT SOUTHPLEX, MR. TALLON, (2) AND IN 1974 I MOVED TO THE UNITED WHICH (3) STATES. (9) IS THE PLASTIC SHEET WHICH IS INTRODUCED BETWEEN (4) Q WHEN YOU WERE INVOLVED WITH FOOD AND FINE (10) SHEETS OF GLASS IN ALL THE SAFETY WINDSHIELDS IN ALL (5) CHEMICALS, DID ANY OF THOSE PRODUCTS INCLUDE HD OF OUR CARS, A MATERIAL THAT MONSANTO HAS MADE PCB'S? FOR - (6) A NO, THEY DIDN'T. (12) MANY YEARS AND SAVED A LOT OF LIVES AND A LOT OF - (7) Q AND WHAT WERE THE YEARS THAT YOU WERE (13) PREVENT A LOT OF DAMAGE BY HAVING A WINDSHIELD (8) INVOLVED WITH THE FOOD AND FINE CHEMICALS? WHICH (9) A FROM LATE IN 1967-EARLIER, I WAS (14) PRECLUDES PEOPLE BEING EVICTED FROM - EJECTED (10) TRANSITIONING EARLIER IN 1968 UNTIL 1974. FROM A (11) Q AND THEN IN 1974 YOU CAME TO THE UNITED (is) CAR THROUGH THE WINDSHIELD OR BREAKING INTO (12) STATES; IS THAT CORRECT? SMALL (13) AYES, I DID. (is) SLIVERS OF GLASS WHICH WILL CUT PEOPLE SEVERELY. (14) Q OKAY. AND I KNOW YOU HAVE EXPLAINED TO (17) Q SIR, YOU DISCUSSED WITH MR. TALLON THE (is) THE JURY WHAT A DIELECTRIC FLUID IS AS PART OF (is) TERMS BIPHENOL, O-L AND BIPHENYL, Y-L. YOUR (19) AND I WONDER IF YOU COULD TELL US A (16) DESCRIPTION OF YOUR JOB RESPONSIBILITIES. (20) LITTLE BIT MORE ABOUT THE DISTINCTION BETWEEN (17) CAN YOU GIVE US A LITTLE BETTER THOSE (is) UNDERSTANDING OF THE TYPES OF APPLICATIONS THAT (21) TWO COMPOUNDS. (19) DIELECTRIC FLUIDS WERE PUT TO? (22) A I AM A CHEMIST. AND THEREFORE, I CAN (20) A IN TRANSFORMERS PART OF A TRANSFORMER (23) READILY UNDERSTAND - IS IT POSSIBLE THAT I CAN - (2D OPERATION IS THE GENERATION OF HEAT INSIDE THE (24) THIS MAY BE A CASE WHERE ONE PICTURE COULD BE (22) TRANSFORMER AS IT STEPS DOWN THE VOLTAGE FROM A WORTH A HIGH (25) THOUSAND WORDS. (23) VOLTAGE TO A LOW VOLTAGE. (26) IS THERE ANY WAY I COULD DRAW A DIAGRAM (24) THEREFORE, YOU NEEDED A LIQUID THAT WOULD (27) FOR SOMEBODY? ' (25) DISSIPATE THE HEAT AWAY FROM THE COIL. (28) Q SURE. I CAN ASK YOU TO SKETCH SOMETHING. (26) I'M SURE YOU ARE ALL FAMILIAR WITH THE Page 1544 (27) HALL-MOUNTED TRANSFORMERS, LITTLE CANS WITH FINS (D WE CAN SHOW IT ON THIS MACHINE HERE, IF ON (2) YOU WOULD LIKE. (28) THE SIDE THAT WE SEE ON THE STREET WHERE A LIQUID (3) DO YOU HAVE A PEN? Page 1542 (4) AYES, IDO. (D INSULATING MATERIAL IS TAKING HEAT AWAY AND AT THE (5) IF I CAN SHOW THAT AND THEN TALK TO THAT (2) SAME TIME PREVENTING DISCHARGE OF ELECTRICAL (6) DIAGRAM, I THINK I CAN MAKE MY POINTS CLEAR. CURRENT (7) Q WE WILL BE FOLLOWING ALONG TOGETHER. 0) BETWEEN THE CONDUCTORS WITHIN THE TRANSFORMER. (8) I WILL PUT IT ON THE SCREEN HERE. (4) A CAPACITOR )S RATHER LIKE A CHILD'S (9) THE COURT: LET'S ASSIGN A NUMBER TO THIS (5) SWING SET THAT - TO MAKE A SWING SET MOVE MOST do) EXHIBIT, MR. ZIMMER. (6) EFFECTIVELY, YOU NEED TO GIVE IT A SMALL PUSH AT (i i) UNLESS YOU HAVE SOMETHING ELSE ALREADY (7) EXACTLY THE RIGHT TIME. (12) RESERVED, I WOULD EXPECT THAT NUMBER TO BE 809. (8) AND A CAPACITOR IS A DEVICE WHICH 03) MR. ZIMMER: 809 OR 810, I BELIEVE, WOULD BE (9) ESSENTIALLY STORES ELECTRICITY AND THEN GIVES THE 04) SAFER. do) WORKING POWER CURRENT A PUSH AT EXACTLY THE (is) THE COURT: IS THERE AN 809? RIGHT (i6) MR. ZIMMER: I CAN'T RECALL FROM YESTERDAY'S (11) MOMENT SO THAT - IT ENABLES LARGE UTILITIES TO GET 07) DISCUSSION. (12) THE MAXIMUM, MOST COST-EFFECTIVE UTILIZATION FROM 08) THE COURT: WE WILL GO WITH 810. (13) THEIR ELECTRICAL DISTRIBUTION SYSTEMS. 09) Q BY MR. ZIMMER: CAN YOU EXPAND THAT? (14) Q NOW, AFTER YOU STOPPED YOUR INVOLVEMENT (is) WITH DIELECTRIC FLUIDS IN THE UNITED STATES, WHAT (20) A OKAY. WE HAVE GOT WHAT I NEED RIGHT (2D HERE. (16) OTHER POSITIONS, IF ANY, DID YOU TAKE WITHIN (17) MONSANTO? (22) Q WHAT HAVE YOU ILLUSTRATED FOR US HERE? (23) A IS THERE A POINTER? (is) A WHEN I LEFT THE DIELECTRICS AREA IN THE (24) Q I BELIEVE THERE IS UP THERE. (19) UNITED STATES, I WAS INVOLVED WITH THE PURCHASING (25) THE COURT: WE HAVE ONE OF EVERYTHING, (20) DEPARTMENT. (26) MR. WOOD. (21) MONSANTO WANTED ME TO STAY IN THE UNITED (27) THE WITNESS: THANK YOU. (22) STATES, RATHER THAN RETURN TO EUROPE AT THAT POINT (28) THIS SIMPLE SIX RING, IF YOU CAN IMAGINE OF Page 1545 (23) MY CAREER, AND TO GAIN A BROADER KNOWLEDGE OF THE (24) U.S. CHEMICAL INDUSTRY I SPENT A NUMBER OF YEARS IN (25) THE PURCHASING DEPARTMENT WORKING WITH SUPPLIERS OF (26) CHEMICAL RAW MATERIALS TO MONSANTO. (27) I MANAGED MONSANTO'S OPERATIONS IN BRAZIL 0) A CARBON AT EACH OF THESE POINTS AND A HYDROGEN (2) ATTACHED TO EACH THOSE CARBONS IN A RING, WE ARE (3) TALKING AN ORGANIC RINGED COMPOUND. 14) THIS IS KNOWN AS THE PHENYL RING. (5) THERE IS ONLY CARBON AND HYDROGEN IN THIS (6) RING. (28) FOR SIX YEARS. (7) IF YOU JOIN TWO OF THESE RINGS WHICH IN Page 1543 (8) ITS SIMPLE FORM IS A BENZENE. IT'S CALLED THE BENYL Page 1540 to Page 1545 Transwestern v. Monsanto HARTOLDMONOO11318 8SA Trial Transcript [December 3, 1993] <MAXi' ! |9) RADICAL, IF YOU JOIN TWO OF THESE TOGETHER SO MOW YOU (to) HAVE TWO PHENYLS LINKED TOGETHER, SO YOU HAVE (ii) YOU CAN SEE THAT MAXIMUM THERE OF 10 02) SITES AVAILABLE THERE FOR CHLORINES TO BE ATTACHED. (11) BIPHENYL AS IT WAS REFERRED TO HERE IN THE UNITED (12) STATES, (13) WHAT THEY REPORTED AS SEEING IN SWEDEN (14) WERE EIGHT. (is) THE EUROPEAN MANUFACTURER CALLED IT (14) DIPHENYL (is) SO TWO BY TWO, DIPHENYLS, lie) THIS IS BIPHENYLS. (is) SO THEY GOTTHIS PRETTY WELL, IF IT WERE (16) A BIPHENYL CENTER THEY WERE TALKING ABOUT, IT WAS (t7) VERY HIGHLY CHLORINATED. (is) AND THAT PARTICULAR TYPE OF MATERIAL, AS (17) NOW, PHENOL, THE THING THAT SOMETIMES (19) A CHLORINATED BIPHENYL, WOULD HAVE BEEN A VERY (is) WHEN WE HAVE A SORE THROAT WE TAKE OR GARGLE DENSE WITH ` (20) SOLID MATERIAL. (is) DILUTED PHENOL SOLUTIONS AS A GERMICIDE, THAT IS (2D IT WOULD NOT HAVE BEEN A LIQUID. THE (22) SO IT WOULD NOT HAVE BEEN VERY MOBIL. (20) SAME PHENOL RING EXCEPT WE HAVE SUBSTITUTED ONE (23) THIS TYPE OF MATERIAL HERE - WHAT WAS OF (24) REPORTED WAS A CHLORINATED BIPHENOL, THAT WOULD (21) THE HYDROGENS HERE WITH WHAT WE CALL THE BE HYDROXYL (25) THIS MATERIAL WITH CHLORINES ATTACHED TO IT. (22) GROUP. (23) SO THAT IS AN ALCOHOL GROUP. (24) SO THAT BECOMES NOT A PHENYL ANYMORE, IT (26) AND YOU SEE THATTHERE WOULD HAVE BEEN (27) EIGHT POSITIONS INDEED AVAILABLE FOR CHLORINATION AS (25) IS NOW A PHENOL. (28) THEY DESCRIBED. (26) NOW, IF YOU WERE TO PUT CHLORINES INTO (27) EACH OF THESE FIVE POSITIONS, THEN YOU HAD A MATERIAL (28) CALLED PENTA, FIVE, CHLORINATED PHENOL WHICH WAS Page 1546 Page 1548 (1) Q TO YOUR KNOWLEDGE (2) A BUT THAT MATERIAL IS NOT ONE THAT I WAS 0) FAMILIAR WITH AS BEING WIDELY USED IN COMMERCE IN ANY (1) WIDELY USED FOR TIMBER TREATMENT AND IN THE (2) PRODUCTION OF PAPER IN SWEDEN. (3) SO THERE WERE REASONS TO SUSPECT YOU (4) APPLICATION AT THAT POINT IN TIME. (5) BUT I DID NOT PRETEND TO BE-HAVE (6) UNIVERSAL KNOWLEDGE OF ALL CHEMICALS USED IN ALL (4) WOULD FIND THESE TYPE OF MATERIALS IN THE SWEDISH (7) INDUSTRIES. (5) ENVIRONMENT. BIPHENYLS WOULD AGAIN BE TWO (8) Q THAT ONE YOU HAVE BEEN POINTING TO AT THE PHENOLS 0) BOTTOM, TO YOUR KNOWLEDGE DID MONSANTO (6) LINKED TOGETHER. (7) THIS WAS NEVER USED WIDELY, COMMERCIALLY. PRODUCE A (10) CHLORINATED BIPHENOL? (8) BUT THERE WAS SUFFICIENT NOMENCLATURE (11) A NO, WE DID NOT. (9) CONFUSION AT THAT POINT IN TIME, THERE WAS A REAL (12) Q SIR, LET ME MOVE AHEAD THEN TO THE (10) ISSUE ABOUT DECIDING WHAT NEEDED TO BE DONE TO (13) MEETING THAT YOU HAD WITH MR. JENSEN AND MAKE PROFESSOR (11) SURE THAT AN APPROPRIATE STUDY OF ENVIRONMENTAL (14) WIDMARK. (12) PRESENCE AND ENVIRONMENTAL IMPACT COULD BE (is) HOW DID THAT COME ABOUT? INSTITUTED (16) A ATTHE BEGINNING OF THE YEAR. (13) SO THAT APPROPRIATE SAFEGUARDS COULD BE MADE TO (17) AT THE END OF A YEAR OR THE BEGINNING OF THE (is) A YEAR I WOULD NORMALLY ROUTINELY HAVE (14) ENVIRONMENT. DISCUSSIONS (is) SO IT WAS IMPORTANT AT THAT FIRST STAGE (19) WITH GROUPS SUCH AS RISING AND STRAND, OUR AGENCY (16) THAT WE ELIMINATED ANY POTENTIAL ERRORS THAT IN COULD (20) STOCKHOLM TO TALK ABOUT THE WORK PROGRAMS FOR (i?) HAVE BEEN INVOLVED BY - I MADE A POINT EARLIER IN MY THE (is) TESTIMONY ABOUT THE PAPERS THAT WERE TRANSLATED (2D COMING YEAR TO REVIEW THE SUCCESSES AND FAILURES FOR OF 09) ME, SENT TO BRUSSELS FOR TWO DAILY NEWSPAPERS. (22) THE PREVIOUS YEARS. (20) THEY WERE NOT TECHNICAL JOURNALS. (23) AND SO IN JANUARY IT WOULD BE QUITE USUAL (2D SO THERE WAS A QUESTION ABOUT THE (24) FOR ME TO TRAVEL TO SWEDEN AND IN THIS PARTICULAR (22) ACCURACY AND RELIABILITY OF THE REPORTING. (25) CASE, HAVING SPENT SOME TIME IN DECEMBER, (23) SO THERE WERE SOME REAL ISSUES THERE IN REPORTING (24) MY MIND AT THAT POINT IN TIME. (26) BACK TO MY COLLEAGUES IN ST, LOUIS THE EVENTS IN (25) BUT THINGS HAD TO BE SORTED OUT AS TO (27) STOCKHOLM. (26) WHAT WERE GOOD SCIENTISTS DOING IN SWEDEN AND (28) I WANTED TO MAKE A POINT OF MAKING A NOT Page 1549 (27) ALLOW THEIR VIEWS TO BE DISTORTED BY POOR REPORTING. (1) MEETING WITH JENSEN AND WIDMARK PART OF MY VISIT TO (28) I HOPE THAT HELPS CLARIFY SOME OF THE (2) SWEDEN ATTHAT POINT IN TIME. Page 1547 (3) Q AND YOU MET, I BELIEVE YOU TOLD US, WITH ID POTENTIALS FOR CONFUSION THAT EXISTED. (4) BOTH JENSEN AND WIDMARK? (2) Q I THINK I UNDERSTAND BETTER NOW. (3) LET ME JUST MAKE SURE THE CONFUSION YOU (5) AYES, I DID. (6) Q HOW MUCH TIME DID YOU SPEND WITH THEM? (4) DISCUSSED WITH MR. TALLON IS ILLUSTRATED BY THE (7) A IT WAS PROBABLY AN AFTERNOON. (5) PHENYL OR Bl OR DIPHENYL GROUPS THAT YOU HAVE (8) IT WAS SEVERAL HOURS. (6) ILLUSTRATED AT THE TOP OF THIS DRAWING AND THEN (9) IT WAS LESS THAN A FULL DAY. SHOWS (io) O WHAT DID YOU LEARN DURING THAT VISIT (7) AT THE BOTTOM, PHENOL AND BIPHENOL. (i i) ABOUT THE FOCUS OF THEIR RESEARCH? (8) A CHLORINATED Bl OR DIPHENYL WOULD BE THIS (12) A I LEARNED THAT THE FOCUS OF THEIR WORK, (9) MODEL UP HERE WITH DIFFERENT NUMBERS OF (13) AS I REPORTED EARLIER, WAS THE IDENTIFICATION OF THE CHLORINES (14) PRESENCE AND FATE OF PESTICIDE RESIDUES IN THE HO) ATTACHED. (is) ENVIRONMENT. Transwestern v. Monsanto Page 1545 to Page 1549 HARTOLDMONOO11319 BSA Trial Transcript [December 3, 1993] XMAX(I4) (16) THEY WERE TRYING TO ADVANCE ANALYTICAL (17) TECHNOLOGY AND TECHNIQUES TO BEABLETOMORE (is) SPECIFICALLY BE ABLE TO IDENTIFY PRESENCE IN THE (19) ENVIRONMENT AND THEN MODIFICATION OF PESTICIDE (20) RESIDUES IN THE ENVIRONMENT AS THEY DID OR DID NOT (2D BIODEGRADE OVER TIME. (22) AND AS PART OF - ALMOST PERIPHERALLY TO (25) AGAIN ABOUT WHAT YOUR UNDERSTANDING OF WHAT IT WAS (26) THEY WERE LOOKING FOR WAS. (27) A IT WAS CLEAR TO ME THAT THE CENTRAL WORK (23) THAT WAS BEING DONE BY SOREN JENSEN WAS TO Page 1552 (1) INVESTIGATE WHEN PESTICIDES HAD BEEN RELEASED (23) THAT MAJOR WORK THEY HAD COME ACROSS SOME INTO MATERIALS (24) IN THEIR SAMPLES WHICH APPEARED AS AN (2) THE SWEDISH ENVIRONMENTTO KILL PESTS, THEN WHERE (3) WERE RESIDUES OFTHOSE PESTICIDES BEING CARRIED INTERFERENCE, (4) WITHIN THE ENVIRONMENT AND WHAT LEVELS WERE (25) PEAKS WHICH WERE UNEXPLAINED BY THE PESTICIDES PRESENT THEY (26) WERE MAJORLY WORKING WITH AND SO THEY TRIED TO (5) IN THE ENVIRONMENT. (6) IT WAS WORK COMMITTED TO DETERMINING DRAW (7) PESTICIDE LEVELS AT VERY LOW CONCENTRATIONS IN THE (27) SOME CONCLUSIONS AS TO WHAT TYPE OF MOLECULAR (28) STRUCTURE MIGHT GIVE RISE TO PEAKS ON THEIR (8) ENVIRONMENT. (9) Q NOW, ARE AROCLORS PESTICIDES? Page 1550 0) SPECTROGRAPHIC CHARTS. ' (2) Q DID YOU LEARN WHAT EQUIPMENT THEY WERE (3) USING IN THEIR WORK? (4) A THEY DESCRIBED TO ME THAT THEY WERE USING (5) SOME VERY NEW, UNIQUE SWEDISH EQUIPMENT AND MADE BY (6) THE COMPANY THAT PUBLISHED THE PRESS RELEASE, LDK no) A NO, THEY ARE NOT. (it) Q LET'S GO BACKTOTHE EQUIPMENT THAT YOU (12) MENTIONED TO US BEFORE LUNCH AGAIN. (13) I BELIEVE YOU SAID THEY WERE USING GAS (14) CHROMATOGRAPHY AND A MASS SPECTROMETER; AM I CORRECT? (is) A THAT IS CORRECT. (is) BOTH OFTHOSE PIECES OF EQUIPMENT (7) PRODUCTOR, WHICH WAS VERY CREATIVE AND ORIGINAL IN (8) THE WAY IT BROUGHT TOGETHER SOME EXISTING PIECES OF (17) ESSENTIALLY HAD BEEN KNOWN, BUT THIS PARTICULAR (is) COMPANY WAS USING THEM IN A VERY NOVEL AND NEW WAY IN (19) TERMS OF COMBINING THE POWERS OF THOSE (9) ANALYTICAL TECHNOLOGY, BUT ALLOWED THEM TO BE TECHNIQUES IN (to) ESSENTIALLY INTEGRATED WITH EACH OTHER AND USED (20) A WAY THAT THEY COULD THEN REFLECT THE PRESENCE MORE (11) POWER THAN ANY THAT COULD BE USED SEPARATELY. AND (2D DETERMINE THE FINGERPRINT OF MATERIALS AT MUCH (12) THE COURT: MR. ZIMMER, WE WILL STOP FOR THE LOWER 03) MORNING ATTHIS POINT. (14) LADIES AND GENTLEMEN, WE WILL RESUME THIS (is) AFTERNOON AT 1:30. (22) CONCENTRATIONS THAN HAD BEEN HITHERTO POSSIBLE. (23) Q WHAT SORT OF CONCENTRATIONS ARE WE (24) TALKING ABOUT? 06) SO I WILL ASK YOU TO RETURN JUST BEFORE (25) A FOR THE FIRST TIME YOU WERE GETTING DOWN 07) THEN SO WE CAN RESUME AT 1:30. (26) INTO MEASURING ENVIRONMENTAL SAMPLES IN THE LOW (16) . 09) (AT 12:00 NOON, A RECESS WAS TAKEN (27) PART-PER-MILLION-TYPE OF LEVELS. (28) I TEND TO PUTTHAT INTO PERSPECTIVE (20) UNTIL 1:30 P.M. OF THE SAME DAY.) Page 1553 (21) ID MYSELF AND HAVE, SINCE I HAD SOME DIFFICULTY (22) (2) INITIALLY FOCUSING ON WHAT THOSE MEANT. (23) (3) IT IS SOMEWHAT LIKE A DRbP OF COCA-COLA (24) (4) IN A LARGE SWIMMING POOL. (25) (5) Q THAT WOULD BE A PART PER MILLION? (26) (6) AYES, UH-HUH. (27) (7) Q NOW, AS FAR AS YOU KNEW, DID MONSANTO (28) Page 1551 (8) POSSESS THE EQUIPMENT THAT JENSEN AND WIDMARK WERE (D LOS ANGELES, CALIFORNIA; FRIDAY, DECEMBER 3, 1993 (9) USING? (2) 1:30 P.M. (10) A AS I TALKED TO MY COLLEAGUES IN ST. LOUIS (3) DEPARTMENT NO. 31 G. KEITH WISOT, JUDGE (11) ABOUT THE EVENTS IN SWEDEN, IT WAS CLEAR THAT WE (4) --0-- DID (5) (APPEARANCES AS HERETOFORE NOTED.) (12) NOT HAVE THAT CAPABILITY WITHIN MONSANTO IN (6) (DAVID A. SALYER, OFFICIAL REPORTER.) EUROPEAT (7) (8) THE COURT: AND RESUMING. (13) THAT TIME, NOR IN THE UNITED STATES. (u) Q ALL RIGHT. NOW, FOLLOWING YOUR MEETING (9) GO AHEAD, MR. ZIMMER. (io) MR. ZIMMER: THANK YOU, YOUR HONOR. (is) WITH JENSEN AND WIDMARK DID YOU COME AWAY WITH THE Hi) (12) DAVID WOOD, lie) IMPRESSION THAT THEIR WORK HAD BEEN ACCURATELY (i7) PORTRAYED BY THE SWEDISH MEDIA? (13) CALLED AS A WITNESS BY THE PLAINTIFF, TRANSWESTERN, (is) A I FELT THAT THE HANDLING BY THE PRESS IN (14) UNDER THE PROVISIONS OF EVIDENCE CODE 776, HAVING (19) SWEDEN HAD TRIED TO ACCURATELY PORTRAY THE (is) BEEN PREVIOUSLY SWORN TESTIFIED AS FOLLOWS: ANALYTICAL (16) (20) WORK THAT SOREN JENSEN HAD DONE IN TERMS OF (17) (2D IDENTIFYING A STRANGE SERIES OF MYSTERY PEAKS IN (18) (22) CONFLICT AND INTERFERING WITH HIS DDT DETECTION. (19) CROSS EXAMINATION (CONTINUED.) (23) BUT THAT THE EQUIPMENT MANUFACTURERS, I (20) BY MR. ZIMMER: (24) THINK MORE THAN ANYTHING, IN TERMS OF THEIR DESIRE (21) Q MR. WOOD, BEFORE WE TOOKTHE LUNCH BREAK TO (22) I THINK WE WERE TALKING ABOUT EQUIPMENT THAT (25) PUBLICIZE THE AVAILABILITY OF THIS NEW EQUIPMENT, JENSEN (26) WERE EXAGGERATING THE POTENTIAL CONSEQUENCES (23) AND WIDMARK USED IN THEIR WORK. (24) I WOULD LIKE YOU TO REFRESH MY MEMORY OF THE (27) PRESENCE OF MATERIAL IN THE ENVIRONMENT. Page 1549 to Page 1553 Transwestern v. Monsanto HARTOLDMONOO11320 8SA Trial Transcript [December 3, 1993] XMAX,' 5i (28) Q ALL RIGHT, (6) MONSANTO'S MIGHT BE ASSOCIATED WITH Page 1554 ENVIRONMENTAL (t) THANK YOU, MR. WOOD. (7) PRESENCE, WHICH WAS A CONCERN TO ME. (2) LET'S TURN, IF WE COULD, TO SOME OF THE (8) Q NOW, THE FIRST PARAGRAPH OF THIS MEMO, IT (3) EXHIBITS THAT MR. TALLON SHOWED YOU. (9) IS A DIFFICULT ONE TO READ, CORRECT ME IF I FOUL (4) I WOULD FIRST LIKE YOU TO LOOK AT EXHIBIT THIS (5) 31. (10) UP AT ALL, IT SAYS, "ATTACHED IS A COPY OF A LETTER (6) A I'M SORRY, THAT WOULD BE IN THIS FIRST? (11) RECEIVED FROM OLA PALME IN STOCKHOLM. I HAVE (7) Q ONE OF THOSE BLUE BINDERS BEHIND YOU. SENT (8) A 31? (12) COPIES OF THIS LETTER ALSO TO THE APPROPRIATE (9) Q YES, SIR. COULD YOU TELL US AGAIN WHAT (13) DEPARTMENTS WITHIN OUR OWN ORGANIZATION." no) THIS LETTER IS? (14) WHAT WAS THE PURPOSE OF SENDING THIS MEMO (11) A THIS WAS A STARTING POINT. (15) TO OTHER DEPARTMENTS, SIR? (12) THIS WAS THE LETTER FROM OUR AGENT IN (is) A I WAS RESPONSIBLE FOR THE MARKETING AND (13) SWEDEN, RISING AND STRAND, WRITTEN BY OLA PALME (17) THE PRODUCT MANAGEMENT OF THIS PRODUCT. WHO (18) IF THERE WAS A REPORT FROM THE (14) HANDLED THE PARTICULAR PRODUCTS IN SWEDEN FOR (19) MARKETPLACE WHICH SUGGESTED THAT WE NEEDED TO WHICH I (20) RESCRUTINIZE OR CHECK DATA, AND IT WAS IN ANY WAY (is) WAS RESPONSIBLE IN EUROPE. (2D RELATED TO AN ENVIRONMENTAL OR HEALTH MATTER, (16) IT REPORTED SOME PUBLICATIONS IN THE THEN I (17) NATIONAL SWEDISH PRESS ABOUT A PESTICIDE (22) WOULD AUTOMATICALLY BRING THIS TO THE NOTICE OF CONFERENCE. OUR (is) THERE WAS SOME COMPLICITY HE WANTED ME TO (23) MEDICAL DEPARTMENT. (is) BE MADE AWARE OF. (24) IN THIS CASE WHAT I'M TALKING ABOUT, THE (20) IN FACT, HE HAD A CONCERN THAT A PRODUCT (25) LOCAL - OUR OWN ORGANIZATION, I'M TALKING ABOUT (21) HE WAS SELLING MIGHT BE THE SUBJECT OF THIS (26) DR. D. V. N. HARDY IN LONDON, DOUG HARDY. RELEASE. (27) Q ALL RIGHT. LET ME ASK YOU TO SKIP DOWN (22) Q ALL RIGHT. NOW, YOU EXPLAINED TO US (28) TO THE POSTSCRIPT, THE PS PORTION OF THIS, (23) EARLIER A BIT ABOUT THE CONFUSION YOU HAD WITH (24) BIPHENOLS VERSUS BIPHENYLS AND/OR DIPHENYLS. Page 1557 (1) BECAUSE THAT IS SO DIFFICULT TO READ, (25) THE PASSAGE I HAVE HIGHLIGHTED HERE, DOES (2) COULD I HAVE YOU READ THAT IN FOR ME, PLEASE, (26) THAT RELATE TO THAT? FROM (27) IT SAYS, "THESE HAVE REVEALED THAT THE (3) YOUR MEMO. (28) GROUP OF PRODUCTS CALLED POLYCHLORINATED (4) A IF I CAN. BIPHENOLS, (5) IT IS VERY UNCLEAR. Page 1555 (6) `PS, THINKING OF THE TOTAL QUANTITIES OF (1) PCB FOR SHORT, ACCUMULATED IN CERTAIN ORGANS (7) AROCLOR USED IN SWEDEN COMPARED WITH THE MUCH OF LARGER (2) ANIMALS." (8) VOLUMES OF PENTACHLOROPHENOL AND SODIUM (3) A THIS, INDEED, WAS ONE OF THE POINTS THAT (9) PENTACHOLOPHESPHALE FOR WATER TREATMENT IN THE (4) HAD ME CONFUSED FROM THE OUTSET. PAPER (5) BECAUSE HERE WE ARE TALKING SPECIFICALLY (10) INDUSTRY AND CERTAIN STAIN CONTROL IN THE TIMBER (6) ABOUT BIPHENOLS, O-L-S, AND NOT BIPHENYLS WHICH (11) INDUSTRY. WAS A (12) 'IT'S LIKELY THAT - IS IT LIKELY THAT (7) PRODUCT MY COMPANY PRODUCED. (13) THE CHLORINATED PHENOLS SHOW SIMILAR (8) THERE WAS DEFINITELY THIS LEVEL OF CHROMATOGRAPHIC (9) CONFUSION AS TO WHAT WAS THE SUBJECT OF THE (14) TRACES TO THE CHLORINATED BIPHENOLS? SWEDISH (is) Q WHAT DID YOU MEAN BY THAT, SIR? (io) WORK AT THAT POINT IN TIME. (16) A AS I THINK I ALLUDED TO THIS MORNING, WHY (i i) Q SIR, WHAT DID YOU DO AFTER RECEIVING THIS (17) IS IT POSSIBLE THAT IS TURNING UP IN SWEDEN IN TRACE (12) MEMO OR LETTER FROM MR. PALME? (is) QUANTITIES IN CONNECTION IN THE SAME PLACES AS (13) A WELL, THIS LETTER WHICH WAS DATED (19) PESTICIDE RESIDUES. (14) NOVEMBER 28TH ARRIVED IN MY OFFICE, ESSENTIALLY, (20) IT SEEMED MORE LIKELY TO ME, AT THAT THE (21) POINT IN TIME, THAT SOMETHING WHICH HAD THE (is) BEGINNING OF DECEMBER. (22) APPLICATION MENTIONED HERE OF THE CHLORINATED lie) I IMMEDIATELY REPORTED THIS EVENT, SERIES PHENOLS (i7) OF EVENTS IN SWEDEN TO MY COLLEAGUES IN ST. LOUIS. (23) IN THE TIMBER INDUSTRY AND PAPER INDUSTRY WAS (is) MISSOURI. MUCH (19) Q LET ME ASK YOU TO MOVE FORWARD, IF YOU (24) MORE LIKELY TO BE LOCATED IN THE GEOGRAPHIC (20) WOULD, TO THE NEXT EXHIBIT IN ORDER, NUMBER 32. (25) ENVIRONMENTAL SITUATIONS THAT WERE BEING (21) AGAIN, SOMETHING YOU REVIEWED WITH DESCRIBED (22) MR. TALLON. (26) THAN AN INDUSTRIAL MATERIAL THAT WAS USED LARGELY (23) THIS IS YOUR MEMO, I BELIEVE, TO IN (24) MR. BUCHANAN IN ST. LOUIS? (27) SWEDEN IN THE CAPACITOR INDUSTRY. 125) AYES. IT IS. - (28) Q ALL RIGHT. LET ME ASK YOU AGAIN, SIR, TO 126) Q WHY IS IT THAT YOU SENT THIS MEMO TO Page 1558 (27) MR. BUCHANAN? (D SKIP FORWARD TO EXHIBIT 36. (28) AMR. BUCHANAN WAS RESPONSIBLE AND ___________ (2) A 36? Page 1556 (3) Q ANOTHER ONE THAT MR. TALLON DISCUSSED (1) ACCOUNTABLE WITHIN THE MONSANTO ORGANIZATION (4) WITH YOU EARLIER TODAY. FORTHE (5) LET ME ASK YOU, FIRST OF ALL, WHAT WAS (2) OVERALL FUNCTIONAL FLUID BUSINESS OF WHICH THE (6) YOUR PURPOSE IN PREPARING THIS MEMO? (3) DIELECTRIC FLUIDS WERE A COMPONENT. (7) A THIS WAS AN UPDATE. (4) I WANTED TO MAKE SURE HE WAS AWARE THAT (8) I HAD RECEIVED THE EARLIER INFORMATION (5) THERE WAS A SITUATION IN EUROPE WHERE A PRODUCT (9) FROM STOCKHOLM IN THE BEGINNING OF DECEMBER, OF LATE Transwestern v. Monsanto Page 1 553 to Page 1558 HARTOLDMONOO11321 BSA Trial Transcript [December 3, 1993] XMAX( 16) (10) NOVEMBER, BEGINNING OF DECEMBER OF 1966. (n) WE HAD HAD A NUMBER OF CONVERSATIONS (12) GOING ON WITHIN MONSANTO ABOUT THAT SERIES OF (13) EVENTS. (14) AND I HAD VISITED SWEDEN AND TALKED AT (is) THAT POINT IN TIME TO SOREN JENSEN. (is) THIS WAS TO BRING EVERYBODY IN THE (17) MONSANTO NETWORK TO A POINT OF UNDERSTANDING OF JENSEN IF IT (16) WAS POSSIBLE FOR MONSANTO TO SUPPLY ANY SAMPLES OF (17) THE PURE ISOMERS OF CHLORINATED DIPHENYL SINCE HIS (la) WORK INDICATED AT THE MOMENT THAT THE LOWER (19) CHLORINATED ISOMERS ARE FAIRLY EASILY METABOLIZED AND WHAT (is) WERE EVENTS AT THAT POINT IN TIME, WHAT DID WE HAVE. (19) Q MR. TALLON, DISCUSSED THE SECOND (20) PARAGRAPH WITH YOU. (21) I HAVE JUST ONE QUESTION ABOUT THAT. (22) IS THAT YOUR UNDERLINING? (20) THE POTENTIALLY MORE DANGEROUS CONSTITUENTS ARE THE (2D MORE HIGHLY CHLORINATED MEMBERS." (22) WHAT DID YOU MEAN BY "FAIRLY EASILY (23) METABOLIZED"? (24) A METABOLIZATION IS A TERM WHICH IS USED IN (23) A NO, IT'S NOT. (24) Q ALL RIGHT. LET'S SKIP DOWN TO THE FOURTH (25) PARAGRAPH WHICH I BELIEVE YOU ADDRESSED, AT LEAST IN (26) PART, WITH MR. TALLON. (25) RELATIONSHIP TO THE INTAKE BY A LIVING SPECIES, BE IT (26) BIRD, FISH, ANIMAL, HUMAN. (27) AND IT IS THE - ESSENTIALLY IT'S THE (28) BODY'S CAPABILITY TO BREAK DOWN A COMPLEX MOLECULE_____________________________________________________ (27) TRY TO BLOW THAT ONE UP A BIT ON THE (28) SCREEN. Page 1559 (1) THAT ONE, IN YOUR MEMO, SIR, READS, (2) "JENSEN'S ONLY AIM IN LIFE AS AN ANALYTICAL CHEMIST 0) WAS TO IDENTIFY THE SUBSTANCES FOUND IN HIS RESEARCH (4) WORK ON THE OCCURRENCE OF INSECTICIDES IN NATURE. (5) "THE UNFORTUNATE ASPECT OF THE SITUATION (6) IS THE COMMENTS WHICH HAVE BEEN ADDED TO JENSEN'S (7) WORK. (8) "HE SHOWED WHAT WAS PRESENT AND (9) UNQUALIFIED PEOPLE HAVE MADE STATEMENTS AS TO THE (io) POSSIBLE EFFECT OF WHAT HE HAS FOUND." (it) WHAT DID YOU MEAN BY THAT, SIR? (12) A WE WERE CONSCIOUS IN DEALING WITH THE USE (13) OF CHLORINATED BIPHENYLS AS FIRE-RESISTANT DIELECTRIC (14) FLUIDS THAT IN THE PRODUCTION OF CAPACITORS, I HAVE Page 1561 (1) INTO SMALLER COMPONENTS AND ULTIMATELY TO DEGRADE IT (2) TO WATER AND CARBON DIOXIDE. (3) IN THAT TIME OF BREAKDOWN OCCURRING (4) WITHIN THE ENVIRONMENT WE WOULD USE A TERM (5) "BIODEGRADATION," BUT IN'TERMS OF THAT BREAKDOWN (6) OCCURRING IN THE LIVING SYSTEM, THEN METABOLISM AND (?) THE BODY'S CAPABILITY TO METABOLIZE WOULD BEAN () INDICATION OF HOW QUICKLY AND HOW CAPABLE THE BODY (9) WAS OF BREAKING DOWN MATERIALS. (io) Q AND WHAT WERE YOU INTENDING BY THE (i i) REMAINDER OF THAT SENTENCE WHICH DISCUSSES THE (12) POTENTIALLY MORE DANGEROUS CONSTITUENTS BEING THE (13) MORE HIGHLY CHLORINATED MEMBERS? (14) A THERE WAS GROWING CONCERN, APPROPRIATELY, (15) THAT HIGHLY CHLORINATED MATERIALS WOULD BE VERY (16) DIFFICULT TO METABOLIZE AND BREAK DOWN, WOULD BE (17) ABSORBED BY TISSUES AND REMAIN PRESENT IN TISSUES FOR (is) DESCRIBED THAT APPLICATION THIS MORNING, AND OF (is) PERIODS. (is) TRANSFORMERS THERE WERE SENSIBLE INDUSTRIAL HYGIENE (17) PRECAUTIONS TO BETAKEN BY WORKERS WHO MIGHT BE (19) THIS WAS THE WHOLE THRUST OF A LOT OF THE (20) PESTICIDE RESEARCH GOING ON ATTHAT POINT IN (21) HISTORY. (is) EXPOSED IN THOSE MANUFACTURING PLANTS TO LIQUID OR (is) VAPOR-PHASE CHLORINATED BIPHENYL. (20) BUT CHLORINATED BIPHENYLS WERE NOTAN (21) EXTREMELY TOXIC MATERIAL. (22) BUT THEY WERE NOT AN ACUTELY TOXIC (23) SUBSTANCE. (24) ONE WAS TRYING TO PRECLUDE SKIN CONTACT. (22) AND ESSENTIALLY MORE LIKELY CHLORINATED (23) MATERIALS WERE HYPOTHESIZED WOULD BE MORE CAPABLE OF (24) BREAKING DOWN AND VANISHING MORE RAPIDLY. (25) AND, THEREFORE, IT WAS SIGNIFICANT THAT (26) THE MATERIALS THEY WERE FINDING AND REPORTING IN (27) SWEDEN WERE THE, AGAIN, THE HIGHER CHLORINATED (28) MATERIALS.________________ (25) THEY HAD A SOLVENCY ACTION ON THE SKIN. (26) AND SO HERE WE HAD A SITUATION WHERE (27) ENVIRONMENTAL PRESENCE WAS CUMMED AT EXTREMELY LOW (28) LEVELS BECAUSE THEY WANTED TO EXPLORE HOW SENSITIVE Page 1560 0) THE EQUIPMENT WAS IN DETECTING THESE MATERIALS AT (2) VERY LOW LEVELS. (3) AND THEN IN TERMS OF THE RELEASES TO THE (4) PRESS, ALLEGATIONS WERE, BY IMPLICATION, MADE, THAT (5) THE POPULATION OF SWEDEN WERE BEING EXPOSED TO (6) ENORMOUS AND ACUTELY TOXIC MATERIALS. (7) AND THAT WAS NOT THE CASE. (8) Q LET ME ASK YOU, SIR, TO SKIP TO THE (9) SECOND PAGE OF YOUR MEMO OF JANUARY 26TH, 1967. (10) A WHICH ONE? (11) Q THE SAME ONE THAT YOU ARE LOOKING AT, (12) EXHIBIT 36. (13) AUH-HUH. (14) Q THE PORTION OF THAT PARAGRAPH UNDER (is) FUTURE RESEARCH READS, "WE WERE ASKED BY Page 1562 (D THE PRESS RELEASE DESCRIBED EIGHT (2) CHLORINES IN THE MOLECULE. (3) THAT IS A HIGHLY - AS I TRIED TO SHOW ON (4) THAT DIAGRAM, THERE WERE NOT MORE THAN EIGHT SPACES (5) AVAILABLE FOR CHLORINATION. THAT WAS ALMOST A FULLY () CHLORINATED MATERIAL. (7) Q AND THAT WOULD MAKE THE MATERIAL SOLID; (8) IS THAT CORRECT? (9) A THOSE HIGHLY CHLORINATED MATERIALS WERE (io) SOLIDS. (it) Q WHAT IS AROCLOR 1242, BY THE WAY? IS (12) THAT A SOLID? (13) A NO. (14) THAT IS A LIQUID. (15) Q NOW, SKIPPING DOWN TO THIS NEXT (16) HIGHLIGHTED PARAGRAPH, IT SAYS, "JENSEN IS FORWARDING (17) ME COPIES OF HIS MASS SPECTROGRAPHS AND DETAILS OF Page 1558 to Page 1562 Transwestern v. Monsanto HARTOLDMONOO11322 8SA Trial Transcript [December 3, 1993] XMAXi'7] da) SAMPLE PREPARATION SO WE HAVE ALL THE DETAILS OF (20) Q MY MISTAKE. HIS (19) RESEARCH WORK." (21) THANKS FOR CORRECTING ME. (22) THE SECTION THAT I HAVE HIGHLIGHTED THERE (20) HAD YOU MADE THAT REQUEST OF MR. JENSEN? (2D AYES, I HAD. (23) SAYS, "A HITHERTO UNOBSERVED CHLORINATED HYDROCARBON (22) BECAUSE IN THAT WE DID NOT HAVE THIS (24) HAVING EIGHT CHLORINES IN THE MOLECULE IS THAT (23) PARTICULAR TECHNOLOGY AVAILABLE INSIDE MONSANTO WHICH (24) ANYWHERE IN THE WORLD AT THAT TIME, ITWAS IMPORTANT (25) HAS BEEN ISOLATED, APPARENTLY." (26) IS THAT WHAT YOU REFERRED TO A MOMENT AGO (25) THAT WE UNDERSTOOD FULLY EXACTLY HOW THIS (27) AS "A VERY HIGHLY CHLORINATED MATERIAL"? TECHNIQUE (28) AYES, ITWAS. (26) WAS USED AND EQUIP OURSELVES TO BE ABLE TO (27) INDEPENDENTLY STUDY WHAT WAS BEING ALLEGED. (28) Q SKIPPING TO THE FINAL PAGE OF THIS MEMO, Page 1565 (1) THAT IS A SOLID MATERIAL OF THE HIGHER (2) END OF THE CHLORINATION RANGE. Page 1563 0) Q WHAT WOULD THAT TRANSLATE TO IN TERMS OF (1) SIR, I WOULD ASK YOU TO LOOK AT THE MIDDLE (4) AROCLOR, ONE WITH EIGHT CHLORINES? PARAGRAPH (5) A THE AROCLORS, AT THAT POINT IN TIME, WERE (2) THERE THAT READS, "SINCE WE ARE NOT ALONE IN (6) DESIGNATED WITH NUMBERS LIKE 1242, 1248, 1254. (3) SUPPLYING POLYCHLORINATED DIPHENYLS TO THE (4) SCANDINAVIAN MARKET, I HAVE DRAWN THIS MATTER (7) THE 12 DESIGNATION SAID THAT THERE WERE (8) TWO RINGS. TO THE (9) THE PICTURE I DREW FOR YOU SHOWED THAT (5) ATTENTION OF THE OTHER ASKERAL MANUFACTURERS IN (6) EUROPE." (7) LET ME ASK YOU, FIRST, WHAT IS AN (8) ASKERAL, A-S-K-E-R-A-L? (10) THERE WERE TWO PHENYL RINGS GOING TOGETHER (11) SO THE 12 SET, THE CHLORINE WAS ATTACHED (12) TO BOTH OF THOSE RINGS. (13) THE 42, 48 OR 54 WAS THE AVERAGE (14) PERCENTAGE OF CHLORINE IN THE MOLECULE SO THAT A (9) A AN ASKERAL IS AN ELECTRICAL INDUSTRY TERM (is) 42-PERCENT CHLORINATED MATERIAL WAS A MIXTURE OF |io) TO DESIGNATE A FIRE-RESISTANT FLUID WHICH WILL NOT, (16) CHLORINATIONS, BUT ESSENTIALLY IT WAS MAINLY (i i) ITSELF, COMBUST NOR WILL THE GASES FORMED WHEN IT IS (17) TRICHLOROBIPHENYL. (is) 1248 WAS BASICALLY FOUR CHLORINE OR (12) DECOMPOSED BY BEING OVER STRESSED BY ELECTRICITY, (is) TETRACHLOROBIPHENYL. BE (20) 54 WAS ESSENTIALLY 54 PERCENT CHLORINE (13) INFLAMMABLE OR COMBUST. - (21) WHICH WOULD BE A FIVE OR PENTACHLOROBIPHENYL. (14) THE CHLORINATED BIPHENYLS, AS (22) THE EIGHT CHLORINES, WHICH I SAID WERE A (is) DIELECTRICS, WERE ASKERALS. (23) HIGHER END, WOULD HAVE BEEN AN AROCLOR - A 1268 OR (16) THERE WERE SOME OTHER SULPHINATED TERMS (24) AN AROCLOR 1260 WOULD CONTAIN SOME MATERIAL (17) THAT EQUALLY WERE ASKERALS, BUT IN THIS PARTICULAR (25) CHLORINATED AT THE EIGHT LEVEL. (is) SENTENCE I WAS JUST MAKING PEOPLE AWARE THAT I HAD (26) Q WOULD AROCLOR 1242 CONTAIN ANY MATERIAL (19) DISCUSSED THE PUBLICATION IN SWEDEN WITH A BUYER (27) CHLORINATED AT THE EIGHT LEVEL? IN (28) A I DON'T BELIEVE SO, (20) GERMANY WHO PRODUCED A MATERIAL CALLED CHLOPAN (PH) Page 1566 ID Q WERE AROCLORS WITH EIGHT CHLORINES SOLD (21) AND A COMPANY CALLED PRODECHEK (PH) IN FRANCE (2) BY MONSANTO IN EUROPE AT THIS POINT IN TIME? THAT (3) A AROCLOR 1260 WAS SOLD. 122) MADE A MATERIAL CALLED PRUDELANE (PH) SINCE BOTH (4) Q AND FOR WHAT APPLICATIONS? OF (5) A AROCLOR 1260 WAS COMBINED WITH TRICHLORO (23) THOSE COMPANIES WERE MAJOR SUPPLIERS OF (6) BENZENE. DIELECTRICS (7) BECAUSE 1260 BY ITSELF WAS SUCH A CLOSE (24) TO THE SWEDISH MARKETPLACE IN COMPETITION WITH 18) TO SOLID MATERIAL YOU NEEDED TO REDUCE ITS (25) MONSANTO. VISCOSITY (26) AND I WANTED THEM TO BE IN A SPIRIT OF (9) SO IT WOULD FLOWTHROUGH EQUIPMENT. (27) OPENESS AWARE THAT CERTAIN CONJECTURES ABOUT THE HO) THAT WOULD CONTAIN SOME EIGHTS. (ii) THAT WAS USED AS TRANSFORMER COOLANT IN 128) PRESENCE OF CHLORINATED BIPHENYLS WHICH THEY 02) SOREN EUROPE, NOT IN NORTHERN EUROPE. WERE (13) IT WOULD BE SOLD IN SOME POTENTIALLY - Page 1564 (14) IN SOME MINOR APPLICATIONS IN THE ADHESIVES AREA, (1) ALSO PRODUCING WERE BEING MADE IN THE SWEDISH (is) ADHESIVES, GLUES. (2) ENVIRONMENT. (16) THE HIGHER CHLORINATED MATERIALS WERE NOT 0) Q LET'S SKIM OVER TO THE FIRST PAGE OF THE (i?) WIDELY SOLD IN COMMERCE. (4) PRESS RELEASE THAT IS ATTACHED. (is) Q SIR, IF I COULD GET YOU TO TURN TO JUST A (5) LET ME ASK YOU, SIR, WHAT IS YOUR (19) COUPLE OF OTHER EXHIBITS, THE NEXT ONE WILL BE 37. (6) UNDERSTANDING OF WHO AUTHORED THIS PRESS (20) THIS IS DR. KELLY'S MEMO OF FEBRUARY 10, RELEASE? (21) 1967 WHICH READS, IN PART, "THE DECISION WAS THAT (?) A IT IS IDENTIFIED ON THE FINAL PAGE OF (22) MORE INFORMATION HAD TO BE GAINED. AND WHETHER (8) THIS PRESS RELEASE THAT IT WAS PREPARED BY THE THIS 0) PUBLICITY DEPARTMENT OF LKB INSTRUMENTS. (23) WOULD NECESSITATE A TRIP FROM SOMEONE IN THE (io) Q AND THAT IS THE COMPANY THAT MANUFACTURED MEDICAL (i i) THE EQUIPMENT USED BY JENSEN WIDMARK7 (24) DEPARTMENT TO THE VARIOUS AGENCIES WORKING ON (12) A USED BY JENSEN. THIS (13) I KEEP COMING BACK, WIDMARK ATTHAT POINT (25) PROBLEM IN EUROPE WOULD DEPEND UPON HOW (14) IN TIME WAS AN OLDER SCIENTIST, A MORE EMINENT EASILY (is) SCIENTIST, A DEPARTMENT HEAD AT A PRESTIGIOUS AND (26) OBTAINABLE THESE GAPS IN OUR KNOWLEDGE ARE BY (16) GOOD INSTITUTION. OTHER (17) SO HE WAS THE SUPERVISOR OF JENSEN'S (27) MEANS THAN PERSONAL COMMUNICATION." (is) WORK. (28) SIR, DID YOU HAVE AN UNDERSTANDING AFTER (19) HE WAS NOT ACTUALLY DOING THE WORK. Page 1567 Transwestern v. Monsanto Page 1562 to Page 1567 HARTOLDMONOO11323 BSA Trial Transcript [December 3, 1993] ________________________ XMAX(IS) (t) RECEIVING THIS MEMO THAT THE MEDICAL DEPARTMENT OF (2) MONSANTO WAS PLANNING SUCH A VISIT? (3) MR. TALLON: OBJECTION, LEADING. (4) THE COURT: SUSTAINED. (5) Q BY MR. ZIMMER: SIR, WHAT WAS YOUR (6) IMPRESSION OF WHAT DR. KELLY MEANT BY THE STATEMENT 17) THAT I JUST READ TO YOU FROM THIS MEMO? (8) A MY UNDERSTANDING OF THIS MEMO WAS THAT (9) THE WORDS THAT I HAD SENT FROM BRUSSELS TO ST. LOUIS, (10) SAYING HERE IS A SITUATION THAT NEEDS TO BE (11) ADDRESSED, WAS, INDEED, BEING ADDRESSED. (12) IT WAS BEING ADDRESSED BY THE APPROPRIATE (13) DEPARTMENTS AND THAT THEY FELT THAT THERE WOULD HAVE (14) TO BE INFORMATION GATHERING SO THAT THEY COULD (is) ESTABLISH AN APPROPRIATELY VALID BASELINE FROM WHICH (16) TO DESIGN ACTION. (17) Q NOW, THIS MEMO WHICH YOU REVIEWED IN PART (18) WITH MR. TALLON INCLUDES A VARIETY OF REQUESTS FOR (19) FURTHER INFORMATION FROM DR. KELLY, WHICH I WON'T (20) ELABORATE ON. (2D I'M JUST CURIOUS AS TO WHAT YOU DID WITH (22) DR. KELLY'S LIST OF REQUESTS? (23) A THROUGH COMMUNICATIONS WITH OLA PALME IN (24) SWEDEN, THROUGH SOME CONTACTS THAT WERE MADE BY DOUG (25) HARDY, WE WERE ABLE TO RESPOND TO THIS LIST FOR (26) INFORMATION. (27) Q DO YOU RECALL FROM THAT EXHIBIT ANY OF (28) THE INFORMATION THAT YOU MIGHT HAVE RELAYED TO Page 1568 (D DR. KELLY? (2) anotspecifically.no. (3) Q LET ME HAVE YOU LOOK AT ANOTHER EXHIBIT. (4) I THINK THIS ONE MIGHT BE IN A DIFFERENT (5) BINDER, NUMBER 69. (6) AND THIS, AS YOU DISCUSSED WITH (7) MR. TALLON, IS YOUR MEMO OF FEBRUARY 4,1969 TO (8) DR. TUCKER; IS THAT CORRECT? (9) AYES, IT IS. (io) Q ALL RIGHT. SIR, I HIGHLIGHTED A LITTLE (i i) BIT DIFFERENT PORTION THAN MR. TALLON DID, BEGINNING (12) WITH, "AS A RESULT OF THESE DISCUSSIONS HE ADMITTED (13) THAT POSSIBLY SOME OF HIS CONCLUSIONS REGARDING THE . (14) HAZARDS ASSOCIATED WITH THE CHLORINATED BIPHENYL THAT (15) HE HAD FOUND WERE PUBLICIZED OUT OF PROPORTION." (is) WHAT DID YOU MEAN BY THAT COMMENT, SIR? (17) A WHEN I MET WITH SOREN JENSEN IN STOCKHOLM (18) AND HE UNDERSTOOD MORE ABOUT THE USE OF CHLORINATED Page 1569 (1) ANOTHER QUESTION. (2) NEAR THE BOTTOM OF YOUR MEMO HERE, IT (3) SAYS, "AT SUCH TIME AS WE GET ANY FURTHER DATA WE (4) SHALL CERTAINLY LET YOU HAVE THIS." (5) MY QUESTION IS, DO YOU KNOW - (6) A WHERE? (7) Q RIGHT AT THE BOTTOM OF THE PAGE THERE. (8) THE VERY LAST SENTENCE OF YOUR MEMO. (9) AYES, UH-HUH. (io) Q MY QUESTION IS, DO YOU KNOW WHETHER, AT (i i) THIS POINT IN TIME, FEBRUARY OF 1969, THERE WAS ANY (12) ONGOING INVESTIGATION WITHIN MONSANTO INTO THE WORK (13) OF JENSEN? (14) A THERE WAS CERTAINLY WORK GOING ON AT THAT (is) TIME WITHIN MONSANTO, BOTH IN EUROPE AND IN THE (16) UNITED STATES, REGARDING ANALYTICAL TECHNIQUES FOR (17) DETECTING AND DETERMINING THE PRESENCE AND TRANSPORT (18) OF CHLORINATED BIPHENYLS IN THE ENVIRONMENT. (19) I WAS NOT DIRECTLY INVOLVED WITH THAT (20) WORK AT THAT TIME SINCE I HAD MOVED TO A DIFFERENT (21) AREA OF RESPONSIBILITY WITHIN MONSANTO. (22) BUT I WAS GENERALLY AWARE THAT WORK WAS (23) GOING ON. (24) Q I THINK YOU TOLD US EARLIER THAT YOU (25) ADDRESSED THIS MEMO TO DR. TUCKER IN RESPONSE TO AN (26) INQUIRY HE MADE TO YOU; IS THAT CORRECT? (27) AYES, UH-HUH. ' 128) Q DID YOU DO ANY FURTHER INVESTIGATION OR Page 1570 ID WORK AT ALL ON PCB'S BEFORE YOU RESPONDED TO (2) DR. TUCKER'S REQUEST? (3) A NO, I DIDN'T. (4) Q WHAT WAS YOUR JOB, AGAIN, AT THE TIME? (5) A AT THAT STAGE I WAS THE PRODUCT MANAGER (6) FOR THE FOOD AND FINE CHEMICAL BUSINESS. (7) Q WERE ANY PCB'S INVOLVED IN YOUR WORK AT (8) THAT TIME? (9) A NO, THEY WERE NOT. (10) MR. ZIMMER: THANK YOU, SIR. (11) THE COURT: REDIRECT, MR. TALLON? (12) MR. TALLON: THANK YOU, YOUR HONOR. (13) (14) REDIRECT EXAMINATION (is) BY MR. TALLON: (16) Q MR. WOOD, YOU UNDERSTAND THAT THIS CASE (17) RELATES TO TURBINOL, RIGHT? (is) A THAT I HAVE BEEN TOLD, YES. (19) Q AND TURBINOL WASN'T THE DIELECTRIC FLUID, (20) RIGHT? (2D A TURBINOL WAS NOT A DIELECTRIC FLUID. (22) Q AND TURBINOL WASN'T USED IN TRANSFORMERS, (23) RIGHT? 124) A NO, IT WAS NOT. (25) Q OKAY. SO TRANSFORMERS AND THEIR (26) APPLICATION AND WHAT PEOPLE DID WITH THEM HAVE (19) BIPHENYLS IN THE INDUSTRY, THEN HE WAS LESS CONCERNED (27) NOTHING TO DO WITH THIS CASE, RIGHT? (28) A WHICH MAKES ME WONDER WHY I'M HERE. (20) HIMSELF THAT THESE WERE AN ACUTE AND PRESENT HAZARD (21) TO HEALTH AND TO THE ENVIRONMENT AND SHARED SOME Page 1571 Ii) BUT, NO. (2) Q OKAY. IN FACT, WHEN YOU WERE IN EUROPE, OF (22) MY OWN CONCERNS ABOUT, WELL, WHAT IS THE MECHANISM BY (23) WHICH THESE MATERIALS, IF INDEED THEY ARE CHLORINATED (24) BIPHENYLS, APPEAR IN THE ENVIRONMENT? (25) SO HE FELT - SOREN JENSEN FELT THAT (26) MR. TALLON: OBJECTION, FOUNDATION. (27) THE COURT: SUSTAINED. (28) Q BY MR. ZIMMER: SIR, LET ME ASK YOU (3) MONSANTO SOLD A LOT OF HIGH-PRESSURE LUBRICANTS, (4) RIGHT? (5) A I DIDN'T. (6) Q MONSANTO SOLD A LOT OF HIGH-PRESSURE (7) LUBRICANTS IN EUROPE WHEN YOU WERE WORKING FOR (8) MONSANTO? (9) A MONSANTO SOLD SOME HYDRAULIC FLUIDS. (io) THEY NEVER SOLD A LOT OF HIGH-PRESSURE Page 1567 to Page 1571 Transwestern v. Monsanto HARTOLDMONOO11324 8SA Trial Transcript [December 3, 1993] XMAXi 19) (11) LUBRICANTS. 112) Q MONSANTO WAS SUPPLYING GOODS, AROCLORS, (13) TO BE USED IN MANUFACTURING CARBONLESS CARBON (24) Q RIGHT THERE IN THE FIRST PARAGRAPH^ (25) MR. ZIMMER POINTED OUT TO YOU THAT OLA PALME USED THE PAPER, (H) RIGHT? (26) TERM "POLYCHLORINATED BIPHENOLS," P-H-E-N-O-L-S, (27) RIGHT? (is) A NOT AS A LUBRICANT. (28) AYES. (is) WE DID SUPPLY AROCLOR IN CARBONLESS (17) CARBON PAPER. (is) Q AND CARBONLESS CARBON PAPER WAS (19) EVERYWHERE, RIGHT, LANDFILLS, PEOPLE'S WASTE BASKETS Page 1574 (1) Q AND ON THE LAST PAGE HE USED THE TERM (2) "POLYCHLORINATED BIPHENYLS," RIGHT? 0) A YES, HE DID. (4) Q AND HE SAID IN THAT LETTER TO YOU THAT IT (20) AND ALL OVER THE PLACE? (2D A MOST OF IT WAS IN FILES. (22) Q FILES? (5) WAS EQUAL TO AROCLOR, RIGHT? (6) A THAT IS WHAT HE SAYS. (7) LET'S BE QUITE CLEAR. (23) A FOR A LONG TIME MOST OF IT WAS IN FILES. (24) Q WHAT DO YOU DO WITH THE CARBON THAT YOU (25) RIP OFF AFTER YOU WRITE ON YOUR CREDIT CARD? (26) DO YOU PUT IT IN A FILE OR THROW IT AWAY? (8) IN THE FIRST PARAGRAPH OF HIS LETTER OLA (9) PALME IS REPORTING THAT THERE WAS A PUBLICATION IN (10) SWEDEN THAT POLYCHLORINATED BIPHENOLS HAD BEEN (11) IDENTIFIED AS PART OF SOME SWEDISH ANALYTICAL (27) A IN MANY CASES I THROW IT AWAY. (28) Q AND THOSE GO TO LANDFILLS, JUST LIKE THE WORK. (12) IN THE FINAL PARAGRAPH OF THIS LETTER HE Page 1572 (13) IS QUESTIONING, HE, OLA PALME, IS SORT OF SAYING, (1) CARBONLESS CARBON PAPER THAT WAS BEING USED IN (14) COULD THESE BE OUR CHLORINATED BIPHENYLS. (2) EUROPE, THEN, RIGHT? (is) SO THERE IS A DISCONNECT BETWEEN WHAT IS 0) A AROCLOR 1242, A LIQUID, WAS USED IN (16) BEING PUBLISHED AND HIM MAKING A LEAP AND SAYING (4) CARBONLESS CARBON PAPER. (i?) SHOULD I, OLA PALME, BE CONCERNED ABOUT THIS. (5) Q THAT WASN'T MY QUESTION, WAS IT, (18) IS THIS OUR POLYCHLORINATED BIPHENYL? (6) MR. WOODS? (19) IS IT SOMETHING ELSE? (7) A PERHAPS IT SHOULD HAVE BEEN. I'M NOT (20) I NEED, AS THE MANAGER OF THE EUROPEAN (8) TRYING TO BE CONTENTIOUS. (2D BRANCH, I NEED YOUR HELP, PROBABLY, TO GIVE ME (9) Q WHY DON'T YOU ANSWER THIS QUESTION. (io) THE CARBONLESS CARBON PAPER THAT WAS USED (22) GUIDANCE AS TO WHAT DO I DO WITH THIS. (23) Q TURN TO PAGE 2 OF THE LETTER, PLEASE, (i i) IN EUROPE WAS GOING INTO LANDFILLS, WASN'T IT? (24) MR. WOOD. (12) A SOME OF IT, YES. (25) ONE OF THE THINGS THAT MR. PALME WAS (13) Q AND IT CONTAINED AROCLOR 1242, DIDN'T IT? (26) TELLING YOU IN THIS LETTER, BASED ON THE REPORTS (14) A YES, IT DID. IN (15) Q AND AROCLOR 1242 HAD MORE HIGHLY (27) THE SWEDISH PRESS, WAS THAT SOREN JENSEN, IT (is) CHLORINATED MOLECULES IN IT THAN JUST THE THREE SAYS (17) CHLORINE MOLECULES, RIGHT? (28) "HAR," AND YOU READ THAT TO MEAN "HAD," DIDN'T (is) A I DESCRIBED THAT THE AVERAGE YOU? (19) CONCENTRATION OF CHLORINATION WAS 42 PERCENT. Page 1575 (20) AND THE MAJOR FORM WAS THREE CHLORINES. ID SEE WHERE I AM, IN THE ONE, TWO, THREE, (2D THERE WOULD BE FOUR CHLORINATED (2) FOUR, 5TH PARAGRAPH DOWN FROM THE TOP? (22) MATERIALS, FIVE. (3) AMR. JENSEN HAS OR HAD - (23) THERE WOULD CERTAINLY NOT BE EIGHT (4) Q BUT YOU DIDN'T READ THAT, WHEN YOU READ (24) CHLORINE MATERIALS IN 1242. (5) H-A-R, YOU DIDN'TTHINKTHAT MEANT HAR? 125) I DON'T BELIEVE THERE WOULD HAVE BEEN. (6) A NO. (26) Q AROCLOR 1242 HAD FOUR CHLORINE ATOMS AND (7) Q YOU TOOK IT AS EITHER "HAS" OR "HAD"? (27) FIVE CHLORINE ATOMS IN IT - EXCUSE ME, MOLECULES, (8) AUH-HUH. (28) RIGHT? (9) Q OKAY. SO YOU READ THAT, "MR. JENSEN HAD Page 1573 (io) ALSO EXAMINED THE HAIR OF HIS FAMILY AND HIMSELF (D AYES. (2) Q AND THAT WAS WHAT WAS USED IN THE AND (it) HAS FOUND PCB ON ALL SAMPLES. (3) CARBONLESS COPY PAPpR? (4) AYES. (5) Q AND IN TURBINOL? 16) MR. ZIMMER: OBJECTION, NO FOUNDATION. (7) THE COURT: OVERRULED. (8) YOU MAY ANSWER. (12) "MOST PCB WAS FOUND IN THE HAIR OF HIS (13) WIFE BUT MOST SENSATIONAL WAS THE GIRL AGED FIVE (14) MONTHS WHO HAD MORE PCB IN HER HAIR THAN HER BROTHERS (15) AND SISTERS OF THREE AND SIX YEARS. (is) "PROBABLY THE GIRL HAD GOTTEN THE POISON (9) THE WITNESS: AROCLOR 1242 WAS USED IN (io) CARBONLESS COPY PAPER. (17) VIA THE MOTHER'S MILK." (is) WHEN YOU READ THAT, DID YOU THINK, "GEE, HD Q BY MR. TALLON: NOW, YOU WERE THE FIRST (19) IF THIS IS BIPHENOL, WE ARE OFF THE HOOK"? (12) MONSANTO PERSON, MONSANTO EMPLOYEE TO GET (20) A NO. THE NEWS in) FROM OLA PALME ABOUT WHAT THE SWEDISH SCIENTISTS HAD (21) IN FACT, IT SORT OF SPURRED ME ON TO (221 START RAISING THE QUESTIONS, SAYING, 'IF, BY ANY (23) CHANCE, THIS IS POLYCHLORINATED BIPHENYLS, THEN (14) FOUND, WEREN'T YOU? (is) A I BELIEVE I WAS, YES. (16) Q LET'S TAKE JUST A SECOND LOOK AT THAT (17) LETTER THAT YOU GOT FROM OLA PALME IN LATE NOVEMBER, (is) EARLY DECEMBER OF 1966. THERE (24) ARE SOME THINGS THAT MONSANTO NEEDS TO BE (25) ADDRESSING.' (26) Q WHEN YOU READ THIS AND YOU THOUGHT THERE (27) WAS A POSSIBILITY THAT THIS WAS REFERRING TO (28) MONSANTO'S POLYCHLORINATED BIPHENYL, DIDN'T (is) AND YOU WERE TALKING TO MR. ZIMMER - THAT MAKE_______________________________________________ (20) A EXCUSE ME, CAN YOU- Page 1576 (2D QYES, EXHIBIT 31 IS IN THE BOOK. ID YOUR BLOOD RUN COLD7 (22) DO YOU HAVE IT? (2) A NO. (23) A YES, THE RISING AND STRAND LETTER. (3) I WOULDN'T SAY THAT THAT WAS MY Transwestern v. Monsanto Page 1571 to Page 1576 HARTOLDMONOO11325 Trial Transcript [December 3, 1993] XMAX(20) (4) REACTION. (5) Q WELL, YOU SAID YOU HAD SOME CONFUSION (6) OVER WHETHER IT WAS POLYCHLORINATED BIPHENOL OR (7) BIPHENYL, RIGHT? (8) AYES. (9) Q SO YOU WENT UP TO SWEDEN AND YOU TALKED 00) TQSOREN JENSEN? , (5) QBYMR. TALLON: EXHIBIT 36. (6) IT SHOULD BE THE PRESS RELEASE WHICH IS 17)ATTACHED TO THAT. (8) A THIS PRESS RELEASE DOES USE THE TERM (9) 'POLYCHLORINATED BIPHENYL.' (io) Q OKAY. SO YOU STILL HAD SOME CONFUSION AT (i i) THAT POINT AS TO WHETHER OR NOT WHAT JENSEN WAS 01) AYES, I DID. (12) SAYING WAS POLYCHLORINATED BIPHENYL OR (12) Q AND HE TOLD YOU WHAT HE WAS FINDING WAS 03) POLYCHLORINATED BIPHENYL, RIGHT? BIPHENOL? (is) AYES, I HAD. (14) ANQ. . (14) Q SO THE FIRST THING YOU DID WAS WENT TO (is) HE TOLD ME, WHEN I WAS IN SWEDEN, THAT HE 06) WAS FINDING A SERIES OF CHLORINATED MATERIALS AND (is) LKB AND BOUGHT ONE OF THEIR MACHINES TO TEST IT OUT, (17) THAT ONE PARTICULAR MODEL THAT WOULD BE (16) RIGHT? CONSISTENT (17) A NO. 08) WITH WHAT HE WOULD BE SEEING WOULD BE SOMETHING THAT (is) I WAS NOT IN THE BUSINESS OF PURCHASING (19) EQUIPMENT. 09) HAD A CONFIGURATION LIKE A CHLORINATED BIPHENYL. (20) I REPORTED TO MY PROFESSIONAL COLLEAGUES (20) UNTIL HE - HE, HIMSELF, WAS THE FIRST TO (2D SORT OF SAY THAT THE WORK WAS NOT COMPLETE AND THE (2D IN ST. LOUIS THAT THEY NEEDED TO BUY THIS TYPE OF (22) EQUIPMENT. (23) I'M NOT SURE, TODAY, WHETHER THEY BOUGHT (22) POSITIVE IDENTIFICATION OF THE MATERIALS THAT HE WAS (24) THE LKB EQUIPMENT OR FOUND AN ALTERNATIVE COMBINATION (23) FINDING WOULD BE MUCH ASSISTED IF HE COULD MANAGE TO (24) GET SOME PURE ISOMERS OF CHLORINATED BIPHENYLS WHICH (25) WOULD HELP HIM CONFIRM WHETHER, IN ACTUAL FACT, WAS (26) HE SEEING SPECIFICALLY A CHLORINATED BIPHENYL AND (27) WHAT TYPE OF CHLORINATED BIPHENYL. (28) Q OKAY. SO YOU STILL WEREN'T SURE, WHEN Page 1577 (D YOU WERE TALKING TO JENSEN ABOUT WHETHER IT WAS (2) POLYCHLORINATED BIPHENYL OR NOT? 0) A STILL NOT TOTALLY SURE. (4) Q WHEN YOU WROTE TO ST. LOUIS IN YOUR MEMO (5) OF FEBRUARY 12TH AND YOU SAID THAT THIS PRESS RELEASE (6) FROM LKB ACCURATELY DESCRIBED THE RESEARCH, YOU MEANT (7) THAT THIS ACCURATELY DESCRIBED THE RESEARCH, DIDN'T (8) YOU? (9) A I MEANT IT ACCURATELY DESCRIBED THE (25) OF SPECTROMETERS AND GAS CHROMATOGRAPHS. (26) WE DID EQUIP OURSELVES TO CARRY ON THE (27) PARALLEL WORK. (28) Q ISN'T IT A FACT, MR. WOOD, THAT MONSANTO Page 1579 (D DID NOT PURCHASE A GAS SPECTROMETER AND MASS (2) CHROMATOGRAPH FOR OVER TWO YEARS FROM THE TIME THAT (3) YOU LEARNED ABOUT THE RESEARCH IN SWEDEN? (4) A I DON'T KNOW WHEN IT WAS PURCHASED. (5) I KNOW THAT WHEN I RETURNED TO THE (6) CHLORINATED BIPHENYL AREA LATER IN MY AREA WE HAD (7) ACCUMULATED AN ENORMOUS AMOUNT OF SPECTROMETER WORK. () Q SO I TAKE IT WHAT YOU DID, THEN, IS YOU (9) WENT TO LKB AND SAID, "I'M NOT GOING TO BUY YOUR (io) EQUIPMENT BUT HERE IS A SAMPLE OF OUR PCB. HD "WHY DON'T YOU RUN IT AND SEE IF IT (12) LOOKS ANYTHING LIKE WHAT THE SWEDES FOUND"? (13) A WE WERE TALKING TO SOREN JENSEN AND (14) GUNNAR WIDMARK. (is) I WAS NOT TALKING DIRECTLY TO LKB (16) PRODUCTOR. (10) PROCEDURES WHICH SOREN JENSEN HAD FOLLOWED USING THE (11) LKB PRODUCTOR EQUIPMENT AND WHICH HAD PRODUCED SOME (12) PEAKS WHICH - OF A HITHERTO UNOBSERVED COMPETING (13) MATERIAL IN THE ENVIRONMENT. (14) Q AND THERE WAS NO CONFUSION IN THE LKB (is) PRESS RELEASE ABOUT WHAT THEY WERE SAYING BECAUSE IT (16) USES, ON PAGE 1, THE TERM "POLYCHLORINATED BIPHENYL," (17) DOESN'T IT? da) ATHE(19) Q MR. WOOD, CAN YOU ANSWER THAT QUESTION (20) YES OR NO, PLEASE? (2D MR. ZIMMER: YOUR HONOR, IT'S A NOTICE (22) DOCUMENT. (23) THE COURT: ANSWER THE QUESTION YES OR NO, (24) PLEASE. (25) THE WITNESS: CAN YOU ASK THAT QUESTION AGAIN? (26) THE COURT: AND THE QUESTION WAS, AND THERE WAS (27) NO CONFUSION IN THE LKB PRESS RELEASE ABOUT WHAT THEY (28) WERE SAYING BECAUSE IT USES, ON PAGE 1, THE TERM (17) Q SO YOU DIDN'T GO TO THEM AND ASK THEM TO (is) RUN ANY SAMPLES FOR YOU, RIGHT? (19) AIDIDN'T.NO. (20) Q NO ONE FROM MONSANTO DID? (2D A I DON'T KNOW. (22) Q WELL, TAKE A LOOK AT THE PRESS RELEASE ON (23) PAGE 2 ON THE BOTTOM, MR. WOOD. (24) THIS IS A PRESS RELEASE THAT YOU SENT TO (25) ST. LOUIS, CORRECT? (26) AYES, IT IS. 127) Q AND IN THE PRESS RELEASE THE COMPANY THAT (28) MADE THIS EQUIPMENT WAS REPORTING AND YOU READ THAT Page 1580 (1) ONCE THIS FACT HAD BEEN ESTABLISHED AN APPROACH TO ' (2) THE INDUSTRY ELICITED THE ANSWER THAT PCB WAS FAIRLY (3) EXTENSIVELY USED. (4) AND WHEN A SAMPLE WAS OBTAINED AND RUN (5) THROUGH THE LBK COMBINED GAS EQUIPMENT IT WAS FOUND () THAT THE GAS CHROMATOGRAPH GAVE THE SAME RETENTION Page 1578 (D 'POLYCHLORINATED BIPHENYL,' DOESN'T IT? (2) THE QUESTION ASKS YOU TO LOOK AT THAT (3) PAGE AND SEE. (4) THE WITNESS: THE DOCUMENT IS WHICH? (7) TIME FOR BOTH THE EAGLE SAMPLE AND THE INDUSTRIAL (8) SAMPLE, RIGHT? O) THAT WASN'T TOO CONFUSING, WAS IT? (io) AYES, IT WAS. Page 1576 to Page 1580 Transwestern v. Monsanto HARTOLDMONOO11326 3SA Trial Transcript [December 3, 1993] XMAX,2' (11) Q SO YOU MENTIONED THAT THE PART PER (14) A NO, I DIDN'T. (12) MILLION WOULD BE LIKE A DROP OF COKE IN A POOL, IS (is) Q DID YOU CONSIDER WHETHER ANY OF THE PCB'S (13) THAT WHAT YOU SAID? (16) WERE COMING FROM THE LUBRICATING OILS THAT pi) A UH-HUH, YES. MONSANTO (15) Q YOU ARE AWARE, AREN'T YOU, THAT THE (17) SOLD IN EUROPE? (16) UNITED STATES GOVERNMENT REGULATES PCB'S TO (is) A THE LUBRICATING OILS WERE GENERALLY IN, THE POINT (19) AGAIN, NON-OPEN SYSTEMS AND I DID NOT CONSIDER (17) OF SO PARTS PER MILLION, RIGHT? THAT (is) A TODAY, YES. (20) THAT WOULD BE AN EASY PATHWAY TO THE (19) Q AND YOU ARE AWARE THAT THE STATE OF ENVIRONMENT. (20) CALIFORNIA REGULATES PCB'S TO THE LEVEL OF FIVE (21) Q DID YOU CONSIDER WHETHER THE PCB'S IN PARTS (22) THOSE SAMPLES OF INFANT HAIR THAT HE WAS SEEING (21) PER MILLION? CAME (22) A YES, TODAY. . (23) FROM HYDRAULIC OILS? (23) THEY WOULD NOT HAVE BEEN ABLE TO DO THAT (24) YOU MENTIONED PCB HYDRAULIC OILS SOLD BY (24) WITHOUT AN ENORMOUS AMOUNT OF ADVANCED (25) MONSANTO, DID YOU CONSIDER THAT? ANALYTIC (26) A IT WAS A POSSIBILITY. (25) TECHNOLOGY. (27) THEY WERE NOT WIDELY USED IN SWEDEN. (26) Q LET'S TAKE ANOTHER LOOK AT THE LETTER TO (28) Q AND HYDRAULIC OILS ARE USED IN SYSTEMS 127) SCOTT TUCKER THAT YOU AUTHORED AND MR. ZIMMER WAS (28) QUESTIONING YOU ABOUT. Page 1583 (1) THAT CAN BREAK OPEN AND SPILL ALL OVER THE PLACE, (2) RIGHT? Page 1581 (3) A THEY CAN BREAK OPEN. (1) THAT IS DATED IN FEBRUARY, 1969, RIGHT? (4) THAT IS WHY YOU NEEDED A FIRE-RESISTANT (2) AYES. (5) FLUIDTO STOP HIGH-PRESSURE FLUID IGNITING AND (3) THE COURT: DIRECT HIM TO AN EXHIBIT NUMBER, (6) BURNING PEOPLE. (4) MR. TALLON. (7) Q AND LUBRICATING OILS ARE USED IN SYSTEMS (5) MR. TALLON: THAT WAS EXHIBIT 69, YOUR HONOR. (8) WHERE HOSES CAN BREAK AND THEY CAN BE LOST TO (6) Q NOW, YOU KNOW THAT FEBRUARY OF 1969 WAS THE (7) THE FIRST TIME THAT THE NEWS OF PCB (9) ENVIRONMENT; ISN'T THAT RIGHT? ENVIRONMENTAL (10) A I AM TOTALLY UNFAMILIAR WITH LUBRICATING (8) CONTAMINATION BROKE IN THE POPULAR PRESS IN THE (11) SYSTEMS. (9) UNITED STATES, DON'T YOU? (12) Q ISN'T IT A FACT, MR. WOOD, THAT JENSEN (10) A NO. (13) AND WIDMARK WERE EXACTLY RIGHT IN THEIR WORK? (11) Q WELL, YOU DO KNOW THAT BY FEBRUARY, 1969 04) A NO, THEY WEREN'T. (12) MONSANTO HAD YET TO BEGIN TO PUT ENVIRONMENTAL (is) CERTAINLY LATER WHEN I BECAME RE-INVOLVED 03) WARNING LABELS ON ANY OF ITS PC PRODUCTS, DON'T (16) WITH PCB'S, AFTER I HAD MOVED TO THE UNITED STATES, I YOU? (17) THINK THAT FINE, BROADER FINDINGS SUPPORTED THAT (14) A NO, I DON'T. (18) PCB'S WAS PRESENT IN THE ENVIRONMENT. (is) AGAIN, I DO WANT TO REEMPHASIZE TO YOU (19) I THINK CERTAINLY THE TYPES OF PCB'S THAT ' (16) FROM 1968 OR THAT PERIOD I WAS WORKING IN AN AREA (20) WIDMARK AND JENSEN HAD DESCRIBED BACK IN '67 WERE (17) TOTALLY DIVORCED FROM PCB'S. NOT (is) Q ISN'T IT A FACT, MR. WOOD, THAT MONSANTO (21) EXACT IDENTIFICATIONS OF WHAT THEY HAD FOUND IN (19) DIDN'T BEGIN TO PUT AN ENVIRONMENTAL WARNING (22) SWEDEN. LABEL ON (23) I THINKTHE LEVELS WHICH THEY HAD (20) PRODUCTS UNTIL THE SPRING OR SUMMER OF 1970? (24) DETERMINED TO BE PRESENT IN THE ENVIRONMENT (2D A I DO NOT KNOW AT WHAT DATE WE STARTED TO WOULD BE (22) USE THOSE LABELS. (25) DEMONSTRATED TO BE INCORRECT. (23) Q YOU ARE FAMILIAR WITH THE LABEL I'M (26) THE TECHNOLOGY CERTAINLY NEEDED (24) REFERRING TO? (27) CONSIDERABLE MORE REFINEMENT UNTIL THEY WERE (25) A I'M FAMILIAR WITH THE LABEL THAT WAS ABLE (26) BEING USED WHEN I NEXT BECAME INVOLVED WITH PCB'S (28) TO, IN Page 1584 (27) 19 74. (D SO LATER I FOUND OUT THAT PCB'S WERE (28) Q BUT BY THIS TIME, FEBRUARY OF 1969, (2) PRESENT IN THE ENVIRONMENT IN SWEDEN IN 1967. Page 1582 (3) Q AND YOU FOUND OUT THAT USING THE (1) MR. TUCKER IS STILL ASKING YOU FOR INFORMATION (4) EQUIPMENT THAT THEY HAD, SOREN JENSEN AND ABOUT GUNNAR (2) WHAT HAPPENED TO YOU TWO YEARS PRIOR, RIGHT? (5) WIDMARK, ESTABLISHED THAT THERE WERE PCB'S IN (3) A MR. TUCKER HAD-IT WAS MY THE (4) UNDERSTANDING, BEEN BROUGHT INTO THE AREA (6) ENVIRONMENT, RIGHT? ASSIGNED TO (7) A LATER I DID. (5) WORK IN THIS AREA AND HAD BEEN WORKING - WORKING (8) MR. TALLON: NOTHING FURTHER, YOUR HONOR. UP (9) THE COURT: SOMETHING FURTHER, MR. ZIMMER? (6) DESIGNS OF EXPERIMENTS TO BE ABLE TO PROBABLY (10) MR. ZIMMER: JUST A FEW, YOUR HONOR. ADDRESS (11) (7) THE PRESENCE OF PCB IN THE ENVIRONMENT AND IN (12) RECROSS EXAMINATION TISSUE (13) BY MR. ZIMMER: (8) SAMPLES. (14) Q IF I CAN REFER YOU BACK TO EXHIBIT 36. (9) Q WHEN YOU MET WITH SOREN JENSEN DID YOU (15) SORRY TO MAKE YOU KEEP CHANGING BOOKS. do) CONSIDER WHETHER ANY OF THE PCB'S BEING (16) SPECIFICALLY, THE SECOND PAGE OF THE REFLECTED IN (17) PRESS RELEASE NEAR THE BOTTOM WHERE YOU TOLD (i i) THE SAMPLES OF INFANT HAIR WERE COMING FROM THE (is) MR. TALLON THAT PART OF WHAT IS INDICATED THERE (12) CARBONLESS CARBON PAPER ALL OVER THE LANDFILLS WAS IN (19) STILL CONFUSING TO YOU. (13) EUROPE? (20) MY QUESTION WAS, WHY WAS THAT, SIR7 Transwestern v. Monsanto Page 1580 to Page 1584 HARTOLDMONOO11327 ssa Trial Transcript [December 3, 1993] xmax(22) (2)) " A I'M SORRY, WHICH PARAGRAPH? (22) Q THE ONE AT THE BOTTOM OF THE PAGE THAT (23) BEGINS "ONCE THIS FACT HAD BEEN ESTABLISHED." (24) IT DOES DIS - (25) THE COURT: IS THIS EXHIBIT NUMBER 36, (26) MR. ZIMMER? (27) MR. ZIMMER: YES, YOUR HONOR, THE SECOND PAGE (28) POINT, MR. TALLON. ~ Page 1587 --" (1) MR. TALLON: OKAY. (2) THANKYOU, YOUR HONOR. (3) YOUR HONOR, WE WILL NOW BE READING FROM (4) THE DEPOSITION OF R. EMMET KELLY, M.D., VOLUME ONE, (5) APRIL 30, 1992. (28) OF THE PRESS RELEASE DISCUSSING THE RUNNING OF (6) THE COURT: GO AHEAD. Page 1585 (7) Q PLEASE STATE YOUR NAME AND (1) SAMPLES THROUGH THE CHROMATOGRAPH AND THE (8) ADDRESS FOR THE RECORD. MASS (9) A ROBERT EMMET, E-M-M-E-T, KELLY, (2) SPECTROMETER. (10) K-E-L-L-Y. (3) THE WITNESS: THE MAIN REASON FOR MY CONTINUED (4) CONFUSION WAS THAT WHEN THEY RAN SAMPLES AND (11) Q WHAT IS YOUR ADDRESS? (12) A 665 SOUTH SKINKER, S-K-l-N-K-E-R, GOT (5) CLOSELY LOCATED PEAKS TO THAT WHICH THEY HAD SEEN IN (6) THE ENVIRONMENT, IT STILL DID NOT SATISFACTORILY (13) ST. LOUIS, MISSOURI. (14) Q DOCTOR , YOU ARE RETIRED AS A (is) MEDICAL DIRECTOR FROM MONSANTO (16) COMPANY? (7) EXPLAIN THE TRANSPORT OF HOW PCB'S, WHICH WERE AN (17) AYES, SIR. (8) INDUSTRIAL PRODUCT, WERE FINDING THEIR WAY AT THE (18) Q YOU RETIRED IN 1974? (9) CHLORINATION LEVELS THAT WERE BEING REPORTED INTO THE (io) ENVIRONMENT. (i i) Q DO YOU KNOW, SIR, HOW MR. JENSEN OR ANY (is) A NOVEMBER 30TH, 1974. (20) Q WHEN DID YOU BEGIN YOUR CAREER (2D WITH MONSANTO? (22) A JANUARY 15, 1936. (12) MEMBERS OF HIS FAMILY CAME INTO CONTACT WITH HIGHLY (13) CHLORINATED MOLECULES? (14) A NO, I DON'T. (is) Q DID YOU EVER LEARN THAT MR. JENSEN OR ANY (16) MEMBERS OF HIS FAMILY SUFFERED ANY ADVERSE HEALTH (17) EFFECTS DUE TO THE TRACE AMOUNTS OF BIPHENOL OR (is) BIPHENYL THAT WERE APPARENTLY FOUND IN THEIR HAIR? (19) A NO, THEY DID NOT. (20) MR. ZIMMER: THANK YOU, SIR. (23) Q WHEN DID YOU ASSUME THE POSITION (24) AS MEDICAL DIRECTOR? (25) A SOMETIME IN MARCH OF 1945. (26) Q AND BEFORE MARCH OF 1945 WHAT (27) POSITION OR POSITIONS DID YOU (26) HOLD? Page 1588 (1) A WELL, I STARTED WITH THE COMPANY (2) AS A PLANT PHYSICIAN AT THEIR (3) LARGE PLANT IN ST. LOUIS. (4) I STAYED THERE UNTIL I WENT INTO (5) THE SERVICE IN 1942. (21) (22) FURTHER REDIRECT EXAMINATION (23) BY MR. TALLON: (24) Q SO WHAT YOU ARE SAYING IS YOU DIDN'T KNOW (25) HOW IT GOT THERE BUT YOU KNEW THAT WHAT WAS BEING (26) FOUND WITH THAT LKB MACHINE WAS PCB, RIGHT? (27) A I KNEW WHAT WAS BEING FOUND WAS BEING (28) DESCRIBED AS PCB. (6) ALONGABOUTTHEENDOF 1937 OR (7) 1938 I HAD OTHER RESPONSIBILITIES (8) AT THE REST OF THEIR PLANTS. (9) I WAS SORT OF A MEDICAL DIRECTOR (io) WITHOUT PORTFOLIO, AS IT WERE. HD AND THEN I WAS IN THE SERVICE (12) FROM, AS I SAID, FROM 1942 TO (13) 1945. (14) AND I DON'T KNOW WHETHER IT WAS Page 1586 (15) '45 OR'46. (D THE QUESTION ON WHETHER THAT WAS A (16) '46, I THINK. (2) BIPHENYL OR BIPHENOL REMAINED A QUESTION, IN MY MIND, (3) FOR SOMETIME. (4) Q OKAY. SO WHY DIDN'T YOU BRING THEM A (5) SAMPLE OF ONE OF YOUR LUBRICATING OILS AND SAY "TEST (6) THIS"? (7) A BECAUSE THAT WOULD NOT NECESSARILY HAVE (8) CONFIRMED EITHER WAY THAT - THAT WOULD NOT HAVE (17) ANYWAY SO WE ORGANIZED A NEW (is) STAFF DEPARTMENT CALLED A CENTRAL (19) MEDICAL DEPARTMENT AND I WAS MADE (20) MEDICAL DIRECTOR AND I REMAINED (2D IN THAT POSITION UNTIL I RETIRED. (22) Q ARE YOU A LICENSED PHYSICIAN? (23) AYES. (24) Q AND WERE YOU A LICENSED PHYSICIAN (25) THROUGHOUT THE PERIOD THAT YOU (9) HELPED, NECESSARILY. (io) MR. TALLON: NOTHING FURTHER. (it) THE COURT: MAY THIS WITNESS NOW BE EXCUSED, (12) MR. TALLON? (13) MR. TALLON: YES, YOUR HONOR. (14) THE COURT: AND MR. ZIMMER? (is) MR. ZIMMER: YES. (16) THE COURT: THANK YOU, MR. WOOD, FOR YOUR (17) ATTENDANCE AT THIS TRIAL. (is) YOU ARE EXCUSED FROM FURTHER ATTENDANCE. (19) THE COURT: MR. TALLON, WE ARE GOING TO HEAR (20) READING FROM A DEPOSITION? (21) MR. TALLON: YES, YOUR HONOR. (22) THE COURT: LADIES AND GENTLEMEN, BECAUSE OF (23) SOME OTHER WORK THAT I NEED TO DO WITH THE LAWYERS (24) THIS AFTERNOON, I WILL ALTER OUR SCHEDULE A LITTLE (25) BIT. (26) WE WILL GO NOW UNTIL 10 MINUTES BEFORE (27) THREE, AND WE WILL STOP WITH THE JURORS AT THAT (26) WERE EMPLOYED BY MONSANTO? (27) AYES, SIR. (28) Q AND IN HOW MANY INSTANCES HAVE Page 1589 |i) YOU GIVEN DEPOSITION TESTIMONY AS (2) AN EXPERT FOR MONSANTO? (3) A WELL, IT WASN'T ONLY MONSANTO. (4) YOU WERE ASKING JUST ABOUT (5) MONSANTO? 16) I HAVE GIVEN THEM FOR OTHER (7) COMPANIES, ALSO. (3) Q I'M ASKING JUST ABOUT MONSANTO 0) RIGHT NOW. (10) A I THINK IT'S GOING TO BE A GUESS (11) ON THAT, PROBABLY 20. ' (12) Q IN THE CASES WHERE YOU GAVE (13) DEPOSITION TESTIMONY AS AN EXPERT (14) WHERE YOUR CLIENT WAS MONSANTO, (is) WERE YOU COMPENSATED? (16) AYES. Page 1584 to Page 1589 Transwestern v. Monsanto HARTOLDMONOO11328 8SA Trial Transcript [December 3, 1993] (1?) Q AND DID YOU ESTABLISH A REGULAR (is) RATE OF COMPENSATION? 09) AYES, I DID. (20) Q WHAT WAS THAT? (2D A IT VARIED, OBVIOUSLY, OVER THE (22) YEARS. (23) IT WAS $2,000 A DAY OR $200 AN (24) HOUR. (25) Q DOES THAT FIGURE COVER (26) PREPARATION TIME AS WELL AS (27) DEPOSITION TIME? (28) A IF THERE WERE PREPARATION TIME Page 1590 (1) WITH A LAWYER, IT DOES NOT COVER (2) IT. (3) IT WAS PREPARATION BY MYSELF, (4) READING THE RECORDS, IT DID COVER (5) IT. , (6) Q CAN YOU ESTIMATE THE AMOUNT OF (7) MONEY THAT YOU HAVE EARNED AS AN (8) EXPERT GIVING DEPOSITION (9) TESTIMONY FOR MONSANTO? (10) A WELL, I WILL TELL YOU IN 1992 IT (11) WAS $1,000. 02) Q ARE YOU BEING COMPENSATED FOR (13) YOUR APPEARANCE HERE TODAY? (14) A I WILL BE, I HOPE. (is) Q DO YOU ANTICIPATE RECEIVING 06) COMPENSATION? (17) AYES. (18) Q FOR THE PREPARATION TIME AND FOR (19) THE DEPOSITION TIME? (20) A THAT'S CORRECT. (21) Q AND AT WHAT RATE DO YOU (22) ANTICIPATE BEING COMPENSATED? (23) A THE EXPERT WITNESS RATE OF $200 124) AN HOUR. (25) Q JUST FOR A POINT OF (26) CLARIFICATION, DOCTOR, WHEN YOU (27) HAVE APPEARED AS AN EXPERT (28) WITNESS, WHAT HAS BEEN YOUR AREA Page 1591 0) OF EXPERTISE, IF IT'S BEEN ONE (2) AREA OR IS IT MORE THAN ONE AREA? (3) A WELL, IT'S OCCUPATIONAL (4) ILLNESSES. (5) Q ALL RIGHT. DOCTOR, YOU SERVED AS 16) MEDICAL DIRECTOR OF MONSANTO FOR (7) A NUMBER OF YEARS. (8) I'M INTERESTED IN LEARNING FROM (9) YOU YOUR RESPONSIBILITIES WHILE (io) YOU HELD THAT POSITION. (it) AND I UNDERSTAND THAT THE (12) POSITION COVERED A SIGNIFICANT (13) NUMBER OF YEARS. (14) BUT COULD YOU DESCRIBE FOR ME (is) YOUR RESPONSIBILITIES AS MEDICAL (16) DIRECTOR DURING THE PERIOD YOU (17) HELD THAT JOB? (is) AYES. (19) THE PRIMARY DUTY WAS TO SEE THAT (20) OUR PLANTS WERE OPERATED IN SUCH (21) A MANNER THAT NO ILLNESSES, (221 OCCUPATIONAL ILLNESSES, WOULD (23) OCCUR IN OUR WORK FORCE. (24) NUMBER TWO, I HAD THE (25) RESPONSIBILITY OF ASCERTAINING (26) TOXICOLOGICAL INFORMATION ON OUR (27) RAW MATERIALS AND FINISHED 128) PRODUCTS._______________ ________ __________ Page 1592 (1) THREE, I WAS RESPONSIBLE FOR (2) SETTING UP AN INDUSTRIAL HYGIENE 0) PROGRAM IN OUR PUNTS. (4) FOUR, I WAS RESPONSIBLE FOR THE (5) SAFE HANDLING DATA, TOXICOLOGICAL (6) DATA, THAT WOULD BE LISTED IN OUR (7) BULLETINS OR UBELS. (8) FIVE, I WAS RESPONSIBLE FOR (9) ANSWERING ANY QUESTIONS THAT CAME (10) TO MONSANTO CONCERNING THE HEALTH (11) EFFECTS OF ANY OF OUR CHEMICALS, (12) WHETHER THESE WERE FROM A WORKER, (13) OTHER COMPANY OR A PRIVATE (14) PHYSICIAN. (is) Q YOU MENTIONED, DR. KELLY, THAT (16) ONE OF YOUR RESPONSIBILITIES AS (17) MEDICAL DIRECTOR WAS TO HAVE (is) RESPONSIBILITY FOR A (19) TOXICOLOGICAL INFORMATION ON RAW (20) MATERIALS AND FINISHED PRODUCTS. (21) COULD YOU EXPLAIN, PLEASE, HOW (22) YOU DISCHARGED THAT (23) RESPONSIBILITY? (24) AYES. (25) LET'S START WITH RAW MATERIALS. (26) OBVIOUSLY WE WOULD ASK THE (27) SUPPLIER WHAT HE KNEW ABOUT IT. (28) IF HE DIDN'T HAVE IT, WE WOULD__________ Page 1593 (D LOOK IT UP OURSELVES IN THE (2) VARIOUS PUBLICATIONS THAT MAY OR (3) MAY NOT LIST THE MATERIAL. (4) IF THAT PROVED NEGATIVE, IF WE (5) DIDN'T FIND ANYTHING OUT, I WOULD (6) TALK TO THE CONFRERES THAT I KNEW (7) IN THE CHEMICAL BUSINESS AND ASK (8) THEM WHAT THEY KNOW ABOUT IT, IF P) THEY HAVE BEEN USING IT AND WHAT (10) THEY KNOW ABOUT IT. (11) AND THEN FINALLY, IN A FEW RARE (12) CASES, WE MAY DO SOME (13) TOXICOLOGICAL WORK OF OUR OWN ON (14) IT, NOT VERY OFTEN. (is) MOST OF THE TIME WE DID IT ON OUR (16) OWN PRODUCTS, RATHER THAN (17) PRODUCTS FROM THE SUPPLIER. (is) AS FAR AS THE FINISHED (19) INFORMATION IS CONCERNED, (20) INFORMATION ON THE FINISHED (2D GOODS, IT DEPENDS ON THE PRODUCT. (22) IF THE PRODUCT WERE A ME-TOO (23) PRODUCT, IN OTHER WORDS IT WAS (24) MADE BY DUPONT FOR FIVE YEARS AND (25) WE STARTED MAKING THE SAME (26) PRODUCT, I WOULD FIRST SEE IF (27) THERE WERE ANY INFORMATION IN THE (28) PUBLISHED LITERATURE, WHETHER THE Page 1594 ID GOVERNMENT KNEW ANYTHING ABOUT (2) IT. (3) THEN I WOULD CALL THE MEDICAL (4) DIRECTOR OF DUPONT AND (5) SAY,'GEORGE, WE ARE GOING TO (6) MAKE THIS. WHAT DO YOU KNOW (7) ABOUT IT? (8) 'HAVE YOU HAD ANY TROUBLE WITH (9) IT?' (10) HE WOULD-THAT FLOW OF (11) INFORMATION WAS QUITE FREE. 02) THERE WAS NO COMPETITION AS FAR (13) AS THE HEALTH ASPECTS OF MATERIAL (14) WAS CONCERNED. (is) BECAUSE IF THE SITUATION WERE (16) REVERSED AND HE WAS GOING TO(17) IF DUPONT WAS GOING TO MAKE A (18) PRODUCT THAT MONSANTO HAD MADE (19) FOR FIVE YEARS, AND HE WOULD CALL (20) ME, I WOULD TELL HIM WHAT I KNEW (21) ABOUT IT. (22) IF THERE WERE NO INFORMATION (23) OBTAINED BY THOSE ROUTES, WE XMAXI23I Transwestern v. Monsanto Page 1589 to Page 1594 HARTOLDMONOO11329 BSA Trial Transcript [December 3, 1993] (24) WOULD RETURN AN AMOUNT OF (25) TOXICOLOGICAL INFORMATION. THAT (26) VARIED IN EXTENT, DEPENDING ON (27) THE USE OF THE PRODUCT TO WHICH (28) IT COULD BE PUT.____________________________ Page 1595 (1) Q CAN YOU EXPLAIN, DOCTOR, HOW THE (2) USE TO WHICH A PRODUCT WAS TO BE (3) PUT WAS A VARIABLE IN (4) ASCERTAINING TOXICOLOGICAL (5) INFORMATION? (6) A SURE. (?) IF IT WERE GOING TO BE A FOOD (8) PRODUCTORAN INGREDIENT OF A (9) FOOD WRAPPER, YOU HAD TO DO QUITE (10) CONSIDERABLE WORK. (11) IF THE MATERIAL WERE AN (12) INDUSTRIAL CHEMICAL THAT WE WERE (13) GOING TO BE USING, SAY, IN A (14) PAINT, YOU WOULD ONLY HAVE TO (is) HAVE A MINIMAL AMOUNT OF (is) INFORMATION ON IT BECAUSE THE (17) PAINT IS NOT SUPPOSED TO BE USED (18) AT AN ELEVATED TEMPERATURE. (19) IT'S NOT SUPPOSED TO BE INGESTED. (20) IF THE MATERIAL WERE A PRODUCT TO (21) BE USED AT ELEVATED TEMPERATURE (22) AND THERE IS A CHANCE THAT A (23) WORKER WOULD OR A CUSTOMER'S (24) WORKER WOULD INHALE THE FUMES AT (25) ELEVATED TEMPERATURES, WE WOULD (26) RUN TESTS ON VENTILATION TESTS ON (27) THE MATERIAL AT ELEVATED (28) TEMPERATURES._____________________________ Page 1596 (1) Q IN THE PAST COUPLE OF ANSWERS YOU (2) HAVE USED TERMS LIKE THE ONE YOU 0) JUST USED NOW, "WE WOULD RUN (4) TESTS." (5) ARE YOU DESCRIBING A SITUATION (6) WHERE MONSANTO DOES TOXICOLOGICAL (7) TESTING AT ITS OWN LABORATORIES? (8) ATHEYDONOW. (9) BUT THAT LABORATORY STARTED ABOUT (10) 1975. (11) AND I'M NOT SURE HOW MUCH TESTING (12) THEY DO THERE. (13) WE USE TWO LOCAL LABORATORIES FOR (14) THE ROUTINE TESTING OF THE (15) MATERIAL, NON-EXTENSIVE TESTING. (16) WE USED OUTSIDE LABORATORIES, (17) SOME UNIVERSITY LABORATORIES AND (is) SOME INDUSTRIAL LABORATORIES FOR (19) THE MORE ADVANCED TESTS. (20) WE DID NOT HAVE OUR OWN TESTING (21) LABORATORY. (22) Q BEFORE 1975 TOXICOLOGICAL TESTING (23) WAS DONE BY VENDORS TO MONSANTO, (24) INDEPENDENT LABS? (25) A VENDORS? (26) I DON'T (27) Q INDEPENDENT LABS? (28) AYES,_______________________________________ Page 1597 (D Q WERE YOU PERSONALLY RESPONSIBLE (2) FOR ORDERING TOXICOLOGICAL (3) STUDIES OR REPORTS ON EITHER RAW (4) MATERIALS OR FINISHED PRODUCT AT (5) MONSANTO? (6) AYES. (7) Q AND UNDER WHAT CIRCUMSTANCES (8) WOULD YOU ORDER SUCH A STUDY? (9) A WELL, IF I SAW THE NEED FOR IT - (to) WHAT WE TRIED TO DO WAS HAVE A (11) MINIMUM OFTOXICOLOGY WORK (12) CARRIED OUT ON EVERY PRODUCT THAT (13) WE ADVERTISED OR MENTIONED IN A (14) DEVELOPMENT BULLETIN. (is) WE MIGHT SAY WE HAVE PRODUCT X (16) HERE. THESE ARE ITS PHYSICAL AND (17) CHEMICAL CHARACTERISTICS. MAYBE (18) YOU CAN USE IT IN YOUR BUSINESS. (19) I MEAN, I'M SIMPLIFYING THE (20) FOUR-PAGE BULLETIN. (2t) THEN WE WOULD RUN A MINIMUM OF (22) TOXICOLOGY ON THAT AND THAT WOULD (23) INCLUDE EYE IRRITATION TO SEE IF (24) IT COULD BE ABSORBED THROUGH THE (25) SKIN, THE MINIMUM LETHAL LD 50, (26) WHICH IS A STANDARD TEST FOR ORAL (27) TOXICITY AND THEN INHALATION OF (28) MATERIAL AT SATURATED ROOM___________ Page 1598 (D TEMPERATURE. (2) THAT WAS A MINIMUM. 13) Q AND WHAT DOES THE TERM "LD 50" (4) SIGNIFY? (5) A YOU GIVE THE MATERIAL ORALLY TO (6) TWO SPECIES OF-ONE OR TWO (7) SPECIES OF RODENTS, ONE A RODENT, (8) USUALLY, AND THE OTHER A RABBIT, O) AND CALCULATE WHAT DOSE KILLS (io) HALF OF THEM. HD THAT IS THE LETHAL DOSE FOR 50 (12) PERCENT OF THE ANIMALS. (13) Q AND WHAT FACTORS DID YOU USE TO (14) DETERMINE WHETHER A MINIMUM OF (is) THE TOXICOLOGICAL WORK SHOULD BE 06) DONE ON A NEW PRODUCT? (17) A THE USE TO WHICH IT WAS GOING TO (is) BE PUT AS WELL AS THE POTENTIAL (19) EXPOSURE TO COMMERCIAL CUSTOMER'S (20) WORKERS. (2D IF IT WERE GOING TO BE USED IN A (22) CLOSED SYSTEM WHERE THE ONLY (23) EXPOSURE WOULD BE IF THERE WERE (24) LEAKS OR HOLES, THAT WAS A LOT (25) DIFFERENT THAN THE OPEN (26) OPERATION. (27) Q IN ORDER TO-FOR YOU TO MAKE A (28) JUDGMENT AS TO WHETHER OR NOT TO Page 1599 (1) CONDUCT MINIMUM TOXICOLOGICAL (2) WORK OR MORE THAN MINIMUM (3) TOXICOLOGICAL WORK, DID YOU (4) SOLICIT AN EXPLANATION FROM (5) BUSINESSMEN AT MONSANTO AS TO THE (6) PROPOSED USE OF A PRODUCT? 17) A OH, YES. (8) Q WAS THERE A FORMAL SYSTEM FOR (9) SOLICITING THAT INFORMATION IN (10) PLACE DURING YOUR SERVICE? (11) AYES, (12) IT WENT IN PLACE FORMALLY, I (U) GUESS, SOMETIME IN THE LATE 50'S (14) OR EARLY 1960'S. (is) BEFORE THAT IT WAS SORT OF (16) INFORMAL, I GUESS INFORMAL BASIS. 117) BUT WE WERE VERY-WE WERE ON (is) THE SAME CAMPUS AS OUR RESEARCH (19) DEPARTMENT. AND AS OUR (20) DEVELOPMENT PEOPLE. (2D WE SAW THESE PEOPLE ALL THE (22) TIME. (23) WE WERE ON TOP OF IT PRETTY (24) MUCH. (25) I DON'T THINK ANY WENT BY IN THE (26) INFORMAL SYSTEM-WENT BY (27) UNNOTICED. (28) Q WHEN THE FORMAL SYSTEM WAS Page 1600 ID ESTABLISHED IN EITHER THE LATE XMAX(24) Page 1594 to Page 1600 Transwestern v. Monsanto HARTOLDMONOO11330 8SA Trial Transcript [December 3, 1993] (2) SO'S OR EARLY 60'S, WERE ANY (3) PROTOCOLS OR GUIDELINES WRITTEN (4) IN ORDER TO DESCRIBE THE SYSTEM? (5) A WELL, WE HAD WHAT WE CALLED A 16) FORM 201 AND 202. (7) AND THAT REALLY DESCRIBED WHAT WE (8) NEEDED TO GET FROM THE-THAT (9) WAS DISTRIBUTED WHEN WE PUT THAT (to) IN. (11) AND I DON'T AT PRESENT REMEMBER (12) WHATTHE DIFFERENCE BETWEEN 201 (13) AND 202 WAS. (14) WHEN WE PUT THAT IN, WE SENT IT (is) AROUND TO ALL THE RESEARCH 06) LABORATORIES, ALL THE LAB 07) DEVELOPMENT GROUPS IN THE COMPANY (is) AND SAID, "THIS IS WHAT WE ARE (19) DOING." (20) Q AND WHAT, IN GENERAL, DID FORM (21) 201 AND 202 DO WITHOUT REGARD TO (22) ANY DISTINCTION BETWEEN THOSE TWO (23) FORMS? (24) A YOU MEAN WHAT DID IT DO? WHAT (25) DID IT ASK FOR? (26) Q WHAT WERE THOSE FORMS INTENDED TO (27) ACCOMPLISH? . (28) A WHAT THEY WERE INTENDED TO____________ Page 1601 0) ACCOMPLISH WERE TO GIVE US THE (2) PHYSICAL CHARACTERISTICS OF THE (3) MATERIAL, WHAT THE ESTIMATE OF (4) POTENTIAL USE WAS AND THE MANNER (5) IN WHICH THE MATERIAL SHOULD BE (6) USED, COULD BE USED, WHAT THEY (7) KNEW ABOUT IT, (8) Q WAS IT COMPLETED, FORM 201 OR (9) 202, TO BE RETURNED TO THE (10) MEDICAL DEPARTMENT? (11) A WELL, THEY COMPLETED THE FIRST (12) PART. (13) IN OTHER WORDS, WE WOULD SEND (14) THEM THE BLANK 201 AND 202. (is) THEY WOULD FILL IN THE STUFF THEY (16) WERE SUPPOSED TO PUT IN, PHYSICAL (17) CHARACTERISTICS, SOLID, (is) TEMPERATURE, VOLATILITY, VAPOR 09) PRESSURE, ALL OF THAT STUFF. (20) THERE WAS A SPACE FOR POTENTIAL (2D OR ESTIMATED USE. (22) THEN WE WOULD HAVE A SECTION ON (23) TOXICOLOGY THAT AFTER WE RAN IT (24) WE WOULD SEND IT BACKTO THEM FOR 125) INCLUSION IN ANY BULLETIN THAT (26) MIGHT-THAT THEY MIGHT BE (27) WRITING. (28) Q WAS THE COMPLETED FORM 201 OR 202 Page 1602 (1) REQUIRED ON ANY PRODUCT THAT (2) APPEARED IN THE DEVELOPMENT (3) BULLETIN? (4) AYES. (5) Q WAS A COMPLETED FORM 201 OR 202 (6) REQUIRED ON ANY OTHER PRODUCT? ' (7) A WELL, WE MAY -YES, I THINK IT (8) WAS. 0) I MEAN, IF WE STARTED (10) MANUFACTURING A PRODUCT THAT (11) SOMEBODY ELSE HAD MADE BUT WAS (12) NEW TO MONSANTO, AND IT WASN'T (13) GOING TO BE IN A DEVELOPMENT (14) BULLETIN, GO RIGHT INTO A SALES (is) BULLETIN, A 201 AND 202 WOULD (is) HAVE TO BE FILLED OUT ON THAT (17) ONE. (18) Q IS THIS CATEGORY OF PRODUCTS YOU (19) JUST DESCRIBED, WHICH YOU EARLIER (20) REFERRED TO AS A "ME-TO PRODUCT"? (21) A THE ONE MANUFACTURED BY SOMEBODY (22) ELSE BEFORE? YES. (23) Q YES. (24) WAS THE COMPLETION OF A FORM 201 (25) OR 202 REQUIRED FOR ANY MONSANTO (26) PRODUCT, OTHER THAN ONE APPEARING (27) IN THE DEVELOPMENT BULLETIN OR A (28) ME-TOO PRODUCT?_______________________ Page 1603 (D A GOSH, I DON'T KNOW HOW. (2) WELL, CERTAINLY IF WE WERE MAKING (3) AN INSECTICIDE IT WOULDN'T BE OR (4) A HERBICIDE, HERBICIDE, IT WOULD (5) NOT BE IN A DEVELOPMENT BULLETIN (6) UNTIL WE HAD ALL THE INFORMATION (7) ABOUT IT. (8) I MEAN, WE WOULD KNOW HOW GOOD IT (9) WAS AS AN INSECTICIDE, WHAT CROPS (10) IT SHOULD BE USED ON. (11) AND NONE OF THAT WAS PUT IN A 02) DEVELOPMENT BULLETIN BECAUSE WE (13) KNEW THE MARKETING TIME FOR THAT (14) MIGHT BE ONE OR TWO YEARS DOWN (is) THE ROAD OR EVEN LONGER THAN (16) THAT. (17) SO IT WOULD BE REQUIRED ON THAT. (18) THAT WOULD NOT BE IN A 119) DEVELOPMENT BULLETIN. (20) THERE MAY BE OTHER ONES, BUT I'M (21) NOT SURE. (22) QDO YOU KNOW, DR. KELLY, WHETHER (23) THERE WAS ANY INSTRUCTIONS (24) ACCOMPANYING THE FORM 201 OR 202 (25) AS TO THEIR USE? (26) A WELL, SURE. (27) I MEAN, I THINK WE HAD A LETTER (28) THAT EXPLAINED THE USE OF IT._____________ Page 1604 (1) WE JUST WOULDN'T PUT ONE IN THE (2) MAIL AND SEND IT OUTTO THIS (3) DEVELOPMENT MAN, (4) WE WOULD TELL THEM WHATTHE (5) PURPOSE OF IT WAS AND HOW HE (6) SHOULD FILL IT OUT AND TO WHOM HE (7) SHOULD SEND IT BACK AND WHEN HE (8) COULD EXPECT AN ANSWER. (9) I'M SURE THERE WAS A LETTER OF (10) THAT TYPE. (11) QDO YOU KNOW, DR. KELLY, WHETHER (12) THERE WERE ANY INTERNAL (13) GUIDELINES OR PROTOCOLS WITHIN (14) THE MEDICAL DEPARTMENT TO ASSIST (is) IN EVALUATION OF A FORM 201 OR (16) 202 COMPLETED BY A DEVELOPMENT (17) EMPLOYEE OF MONSANTO? (18) A NO. (19) EITHER OUR TOXICOLOGIST OR MYSELF (20) LOOKED AT THE FORM. (2D IT WASN'T STRUCTURED ANY MORE (22) THAN THAT. (23) Q ARE YOU AWARE THAT MONSANTO SOLD (24) A PRODUCT KNOWN AS TURBINOL-153? (25) AYES. (26) QDO YOU RECALL HAVING EVER SEEN A (27) COMPLETED FORM 201 OR 202 THAT (28) RELATED TO TURBINOL-153?_______________ Page 1605 (1) A NO, I DO NOT RECALL, (2) QDO YOU RECALL HAVING EVER SEEN O) EITHER OF THOSE TWO FORMS (4) COMPLETED FOR A PRODUCT KNOWN AS (5) OS-81? (6) A I KNOW WE HAD TOXICOLOGICAL (7) INFORMATION ON OS-81 BUT I DO NOT (8) RECALL AT THIS TIME WHETHER WE XMAXiJSi Transwestern v. Monsanto Page 1600 to Page 1605 HARTOLDMONOO11331 BSA Trial Transcript [December 3, 1993] (9) HAD A FORM. (10) I DON'T KNOW WHETHER OS-81 WAS (11) DEVELOPED BEFORE OUR 201,202 (12) PROGRAM STARTED. (13) Q DO YOU RECOLLECT, DR. KELLY, EVER (14) HAVING SEEN A FORM 201 OR 202 (15) COMPLETED WITH RESPECT TO A (16) PRODUCT KNOWN AS MCS-1S3? (17) A I DON'T KNOW. (18) Q DR. KELLY, IF A FORM 201 OR FORM (19) 202 HAD BEEN COMPLETED WITH (20) RESPECT TO A PRODUCT, THE NAME OF (21) WHICH LATER CHANGED, WOULD AN (22) ADDITIONAL FORM 201 OR 202 BE (23) REQUIRED? (24) A NO. (25) IF THE ONLY CHANGE WAS THE NAME, (26) NO. (27) Q WITHIN THE FIRST YEAR OF YOUR (28) SERVICE AT MONSANTO, DID YOU________ Page 1606 (D BECOME AWARE OF ANY TOXICOLOGICAL (2) STUDIES IN EXISTENCE AT THAT TIME (3) THAT RELATED TO PCB-BASED (4) PRODUCTS? (5) A AT SOME TIME TOXICOLOGICAL (6) STUDIES WERE CARRIED OUT AT (7) HARVARD UNIVERSITY, BUT I DO NOT (8) KNOW IF THAT WAS IN THE FIRST (9) YEAR OR NOT. (10) I THOUGHT THAT WAS IN 1937 OR (11) 1938. (12) SO I DO NOT BELIEVE THOSE STUDIES (13) WERE CARRIED OUT BY JANUARY OF (14) 1937, WHICH WOULD BE THE YEAR (15) FOLLOWING MY ARRIVAL AT MONSANTO. (16) Q BY THE TIME YOU BECAME THE (17) MEDICAL DIRECTOR OF MONSANTO, DID (18) YOU BECOME AWARE OF ANY (19) TOXICOLOGICAL STUDIES ADDRESSING (20) PCB-BASED PRODUCTS? (21) AYES. (22) Q WHICH? (23) A WHICH STUDIES? (24) Q YES. (25) A HARVARD STUDIES. (26) Q ANY OTHERS? (27) A I DON'T RECALL. (28) THERE MAY HAVE BEEN SOME ACUTE Page 1607 (1) ORAL STUDIES BY SOME LABORATORY (2) OR OTHER. (3) I'M SURE WE ALSO DID SOME ACUTE (4) ORAL STUDIES, ACUTE TOXICITY (5) STUDIES, ON THE TERM DURING THE (6) LATE 30'S, THE FIRST COUPLE OF (7) YEARS OF THE 40'S. (8) Q IN GENERAL TERMS, DOCTOR, WHAT IS (9) AN ACUTE ORAL STUDY DESIGNED TO (10) TELL YOU? (11) A TO GIVE YOU SORT OF A BENCHMARK (12) OF THE TOXICITY OF MATERIAL. (13) WELL, THIS IS AN ACUTE POISON, (14) WHAT IF YOU ACCIDENTALLY SWALLOW, (15) YOU KNOW, A WHISKEY JIGGER OF THE (16) MATERIAL, WHAT HARM ARE YOU (17) LIABLE TO GET? (18) IT ISN'T A COMPLETE EVALUATION OF (19) IT BUT IT IS A BENCHMARK AND (20) HELPS TO DEFINE IT IN (21) RELATIONSHIP TO OTHER COMPOUNDS. (22) Q DO YOU RECOLLECT THE RESULTS OF (23) ANY STUDIES IN EXISTENCE BY THE (24) TIME YOU BECAME MEDICAL DIRECTOR (25) OF MONSANTO THAT WERE ACUTE ORAL (26) STUDIES OF TOXICITY FOR PCB-BASED (27) PRODUCTS? 128) A WELL, AS I SAID, HARVARD-________________ Page. 1608 (1) DRINKER AT HARVARD DID SOME WORK (2) ON A COUPLE OF PCB'S. (3) HEALSODIDSOMEWORKONA (4) COMPOUND THAT WAS MISLABELED. (5) IT WAS CHLORINATED BIPHENYL (6) BENZENE. (7) HE DID SOME WORK ON, I THINK, (8) 1254. (9) Q ARE THERE ANY OTHER STUDIES OF 00) WHICH YOU ARE AWARE THAT EXISTED (it) BY THE TIME YOU BECAME MEDICAL 02) DIRECTOR OF MONSANTO? (13) A I DON'T RECALL THEM. 04) I MEAN, THERE MAY HAVE BEEN, BUT 05) I DON'T RECALL THEM. 06) Q WHEN YOU REFERRED A MOMENT AGO TO (17) WORK DONE BY PROFESSOR DRINKER ON (is) 1254, WERE YOU REFERRING TO (19) AROCLOR 1254? (20) AYES. (21) Q IS THAT A TRADE NAME USED BY (22) MONSANTO TO DESCRIBE A PARTICULAR (23) TYPE OF PRODUCT? (24) AYES, IT IS. (25) Q AND DOES THAT 54 IN THE (26) NOMENCLATURE 1254 INDICATE THAT (27) THE PRODUCT IS CHLORINATED TO THE (28) EXTENT OF 54 PERCENT BY WEIGHT?________ Page 1609 (D A THAT IS THE AVERAGE CHLORINATION. (2) IT MAY BE CHLORINATED. (3) THEY HAVE ISOMERS THAT ARE (4) HIGHER, SOME LOWER, BUT THE (5) AVERAGE CHLORINATION IS 54 (6) PERCENT. (7) Q I WANT TO REFER BACK TO AN ANSWER (8) YOU GAVE A FEW MOMENTS AGO, (9) DR. KELLY. (10) YOU HAVE USED THE TERM "CLOSED (11) SYSTEM" IN RESPONDING TO ONE OF (12) MY QUESTIONS. (13) WOULD YOU PLEASE STATE FOR THE (14) RECORD WHAT YOU MEAN WHEN YOU USE (is) THE TERM "CLOSED SYSTEM"? (16) AYES. (17) THE INGREDIENTS OR THE CHEMICALS (is) ARE INSIDE PIPES, INSIDE (19) REACTORS, INSIDE KETTLES, AND (20) THAT THERE WAS SUPPOSED TO BE NO (2D CONTACT WITH THE OUTSIDE (22) ENVIRONMENT FROM THE TIME THE RAW (23) MATERIALS ARE PUT IN UNTIL THE (24) FINISHED PRODUCT IS PUT INTO 125) DRUMS, TANK CARS OR WHATEVER TYPE (26) OF CONTAINER THEY ARE GOING TO (27) USE FOR ULTIMATE DELIVERY TO THE (28) CUSTOMER. ____________ _______________ Page 1610 (i) Q IN YOUR ANSWER YOU USED THE TERM 12) THAT THERE WAS SUPPOSED TO BE NO 13) CONTACT. 14) ARE YOU INDICATING THAT THERE (5) WERE CIRCUMSTANCES UNDER WHICH 16) CONTACT WITH THE CHEMICALS COULD (7) OCCUR? (8) A WELL, THERE IS ALSO THE POTENTIAL (9) FOR LEAKS IN A SYSTEM. (to) IF YOU HAVE A PUMP, THE PACK (it) COULD LEAKWHETHER YOU ARE 02) FILLING THE MATERIAL OR DRANKTHE (13) MATERIAL, IT COULD LEAK, YOU (14) COULD SPILL OVER, (is) YOU HAVE CERTAIN CLEAN-UP XMAXI26) Page 1605 to Page 1610 Transwestern v. Monsanto HARTOLDMONOO11332 8SA Trial Transcript [December 3, 1993] (16) OPERATIONS IN WHICH YOU TAKE THE (17) SYSTEM OUT OF OPERATION AND CLEAN (18) IT UP. (19) SO THERE ARE POSSIBILITIES, YES. (20) Q WAS THE TERM "CLOSED SYSTEM" IN (21) USE AT MONSANTO DURING THE PERIOD (22) YOU WERE MEDICAL DIRECTOR? (23) A OH, YES. (24) Q YOU ALSO, IN AN ANSWER THAT YOU (25) GAVE EARLIER, REFERRED TO AN OPEN (26) SYSTEM. (27) COULD YOU DESCRIBE WHAT YOU MEANT (28) WHEN YOU USED THE TERM "OPEN_______ Page 1611 (1) SYSTEM"? (2) A WELL, AN OPEN SYSTEM REFERS TO AN (3) OPERATION NOT CARRIED OUT (4) ENTIRELY WITHIN KETTLES OR PIPES. (5) YOU MAY HAVE TRACE. (6) YOU MAY HAVE FILTERING (7) OPERATIONS. (8) YOU MAY HAVE DRYING OPERATIONS. (9) AND IN ANOTHER SENSE IT REFERS TO (10) THE USE OF THE PRODUCT. (11) AND I DIDN'T MENTION THE USE WHEN (12) IT TALKED ABOUT CLOSED SYSTEM. (13) I ONLY TALKED ABOUT (14) MANUFACTURING. (15) IF YOU HAVE A TRANSFORMER THAT IS (16) FILLED WITH PCB, THAT IS A CLOSED , (17) SYSTEM. (18) IF YOU HAVE A CAPACITOR FILLED (19) WITH PCB'S, THAT IS A CLOSED (20) SYSTEM. (21) NOW, ON THE CONTRARY IF YOU HAVE (22) A PLASTICIZER PAINT THAT HAS PCB (23) IN IT, WHEN THAT IS INCORPORATED (24) IN A PLASTIC DURING THE OPERATION (25) IT IS OPEN. (26) IT MAY BE IN BALL MILLS. IT MAY (27) BE IN ROLLERS. IT MAY BE IN (28) SHEETING OR RAILINGS.____________________ Page 1612 (D WHEN IT IS USED, IT IS NOT - BY (2) THE CUSTOMER, HERE IS A PRODUCT (3) THAT IS OUT IN THE OPEN! THAT'S (4) AN OPEN OPERATION. (5) IT MAY BE OPEN - CLOSED OPERATION (6) MIGHT BE THE BETTER TERM FOR THE (7) USE OF IT. BUT THAT IS WHAT I (8) MEAN BY AN OPEN SYSTEM. (9) Q YOU MENTIONED THAT ONE OF THE (10) RESPONSIBILITIES YOU HAD AS A (11) MEDICAL DIRECTOR WAS TO ESTABLISH (12) AN INDUSTRIAL HYGIENE PROGRAM? (13) A THAT IS CORRECT. (14) Q WOULD YOU BRIEFLY DESCRIBE WHAT (15) YOU DID TO INSTITUTE THAT PROGRAM (16) AT MONSANTO? (17) A I HIRED. AND I HIRED AN (18) INDUSTRIAL HYGIENE ENGINEER IN (19) 1947. AND I HIRED THREE MORE (20) BEFORE I LEFT IN 74. (2 1) Q YOU INDICATED THAT ANOTHER (22) RESPONSIBILITY YOU HAD, (23) DR. KELLY, WAS TO BE RESPONSIBLE (24) FOR SAFE HANDLING DATA AND (25) TOXICOLOGICAL DATA ON LABELS. (26) TO WHAT DO YOU REFER BY THE TERM (27) "SAFE HANDLING DATA"? (28) A FIRST, I WOULD LIKE TO ANSWER_________ Page 1613 (1) THAT - I WANT TO CLARIFY THAT WE (2) DID NOT PUT TOXICOLOGICAL DATA ON (3) A LABEL. (4) Q OKAY. (5) A I THINK I CLARIFIED THAT BY (6) SAYING IT WAS IN BULLETINS. (7) BUT'SAFE HANDLING'MEANS THE (8) MINIMUM AMOUNT OF INFORMATION YOU (9) COULD PUT ON A LABEL TO PROTECT (10) THE MAN OR THE USER FROM GETTING (11) ANY HARM FROM THE CHEMICAL. 02) YOU TELL THEM WHATTHE PROPER (13) WHAT THE PROPER WAY IS TO AVOID (14) ANY ILL EFFECTS FROM USING THE (is) CHEMICALS. (16) THAT IS THE SAFE HANDLING DATA. (17) Q WHEN DID YOU ASSUME THAT (18) RESPONSIBILITY WITH RESPECT TO (19) SAFE HANDLING DATA? (20) A I WOULD SAY IT WAS INFORMAL (21) AROUND 1938. (22) IT WAS CERTAINLY FORMAL WHEN I (23) CAME BACK FROM THE SERVICE. (24) Q 1945? (25) A THAT'S CORRECT. (26) Q WHAT RESPONSIBILITY DID YOU HAVE (27) WITH RESPECT TO TOXICOLOGICAL (28) DATA IN BULLETINS?_____________________ Page 1614 (1) A ANY TOXICOLOGICAL DATA WOULD BE (2) OBTAINED THAT WOULD GO INTO (3) THE-ANY BULLETINS OR ANY PRINT (4) MATERIAL FROM MONSANTO, WOULD BE (5) THE RESPONSIBILITY OF THE MEDICAL (6) DEPARTMENT. (7) THEY HAD TO PUT IT IN OR THEY HAD (8) TO APPROVE-MAYBE NOT THE (9) EDITORIAL WRITING OF IT, BUT THEY (10) HAD TO APPROVE THE FACTS. (11) Q YOU MENTIONED, DR. KELLY, THAT (12) ONE OF YOUR RESPONSIBILITIES WAS (13) ANSWERING QUESTIONS THAT CAME TO (H) MONSANTO REGARDING PRODUCTS; IS (15) THAT CORRECT? (16) A THAT'S CORRECT. (17) Q WAS THERE A FORMAL SYSTEM FOR (is) ROUTING OF INQUIRIES TO YOU WHEN (19) YOU ASSUMED YOUR POSITION AS (20) MEDICAL DIRECTOR? (21) AYES. (22) Q CAN YOU DESCRIBE THE FORMAL (23) SYSTEM? (24) A THE FORMAL SYSTEM WAS THAT ANY (25) INQUIRY BY LETTER OR TELEPHONE OR (26) PERSON TO-MONSANTO PRODUCT (27) MADE TO ANYBODY IN MONSANTO WOULD (28) BE REFERRED TO THE MEDICAL____________ Page 1615 (D DEPARTMENT FOR ANSWERING. (2) Q WAS THAT POLICY MEMORIALIZED IN A (3) WRITING, IF YOU RECALL? (4) AYES, IT WAS. (5) Q I WILL ASK YOU, THOUGH, WHETHER (6) YOU ARE FAMILIAR WITH A CUSTOMER (7) INCIDENT DATING TO 1950 INVOLVING (8) A CUSTOMER LOCATED IN BRAZIL, (9) INDIANA. (10) A I'M FAMILIAR WITH THE INCIDENT, (11) YES. (12) QAND WOULD YOU PLEASE DESCRIBE (13) WHAT YOU RECALL ABOUT THE (14) INCIDENT TO WHICH I HAVE (is) REFERRED? (16) AYES. (17) I RECALL THAT I RECEIVED A LETTER (18) OR A TELEPHONE CALL, I DON'T KNOW (is) WHICH, BY DR. SPOLYER WHO WAS AN (20) OFFICIAL OF THE STATE OF INDIANA (2D SAYING HE HAD A GERRYRIGGED (22) SOMEBODY HAD GERRYRIGGED A HEAT XMAX.i'i Transwestern v. Monsanto Page 1610 to Page 1615 HARTOLDMONOO11333 8SA Trial Transcript [December 3, 1993] XMAX(28) (23) TRANSFER UNIT THAT WAS LEAKING (24) AND WORKERS HAD WORKED IN IT FOR (25) ABOUT THREE DAYS, INHALING THE ANYBODY (i i) ELSE ABOUT ANYTHING HAVING TO DO WITH THE CASE AND (26) MATERIAL AND HAD SOME (12) HAVE A NICE WEEKEND. (27) GASTROINTESTINAL COMPLAINTS. (13) WE WILL RESUME ON MONDAY MORNING, 9:30. (28) I TALKED TO DR. SPOLYER ABOUT IT.____________________ (H) PLEASE RETURN JUST BEFORE THEN SO WE CAN Page 1616 COMMENCE AT (t) I SAID, WELL, WATCH THEM FOR THE (2) POSSIBILITY OF LIVER DAMAGE. (3) TO THE BEST OF MY RECOLLECTION, (4) DR. SPOLYER WROTE A PAPER ON IT, (5) BUT THEY HAVE SEEN IT. BUT I WAS (6) UNABLE TO FIND IT SEVERAL YEARS (7) AGO. (is) THATTIME. (16) WE ARE IN RECESS SO FAR'AS YOU ARE (17) CONCERNED. (is) (THE PROCEEDINGS WERE RESUMED IN OPEN (19) COURT OUTSIDE THE PRESENCE OF THE JURY.) (20) (21) THE COURT: I WAS GOING TO GO AHEAD WITH OUR (8) THE PEOPLE GOT WELL. (9) THERE WERE TWO OR THREE PEOPLE (10) INVOLVED. (ID Q WHEN YOU USED THE TERM (12) "GERRYRIGGED," HEAT TRANSFER (22) 402 UNLESS THERE IS SOMETHING ELSE TO PROCEED WITH. (23) THEN WITH THE JURORS HAVING BEEN EXCUSED, (24) THIS IS THE OPPORTUNITY TO HEAR TRANSWESTERN'S (25) EVIDENCE IN CONNECTION WITH THE SIMILARITY OF (13) UNIT, WHAT ARE YOU REFERRING TO? (26) COMPRESSORS USED IN THE COLUMBIA GULF (14) AYES. TRANSMISSION (15) A TEMPORARY TYPE OF - THOSE ARE (16) THE WORDS HE USED. (27) SYSTEM AND THAT USED AT CORONA, NEW MEXICO. IS THAT (17) I DIDN'T SEE THE INSTALLATION, (28) YOUR UNDERSTANDING OF WHAT WE ARE ABOUT TO DO? (18) BUT A TEMPORARY TYPE OF HEAT (19) TRANSFER SYSTEM. . (20) Q WAS THE MONSANTO PRODUCT BEING (21) USED IN THAT HEAT TRANSFER (22) SYSTEM, TO YOUR KNOWLEDGE? (23) A THAT IS WHAT HE TOLD ME, IT WAS. (24) Q DID YOU IDENTIFY FROM HIM THE (25) PRODUCT OR THE NATURE OF THE (26) PRODUCT? (27) A I DID AT THE TIME. (28) AND IT SAYS HERE AROCLOR 1248,_______________________ . Page 1619 (1) MR. TALLON: THAT IS MY UNDERSTANDING OF WHAT (2) WE ARE ABOUT TO START. (3) WE INTENDED THIS TO OFFER THE TESTIMONY (4) OF FRANKLIN PARKER WHO YOU HAVE ALREADY HEARD FROM (5) THIS AFTERNOON AND MR. GILMORE, HE WILL HAVE (6) ADDITIONAL TESTIMONY, BUT THIS IS AT LEAST ONE (7) WITNESS. (8) THE COURT: AND WHEN CAN I ANTICIPATE HEARING (9) THE MONSANTO EVIDENCE OF SIMILARITY? Page 1617 do) MR. PREUSS: WELL, YOUR HONOR, I THOUGHT WE (D I DON'T KNOW IF THAT IS WHAT HE (2) TOLD ME, BUT HE TOLD HE IT WAS A (3) MONSANTO PRODUCT. (11) WERE GOING TO DO IT A WEEK FROM MONDAY WHEN (12) MR. GILMORE WAS SLATED. (13) WE JUST GOT THE SCHEDULE THIS MORNING. (4) Q DO YOU RECOLLECT THAT AN AROCLOR (14) NOW THEY HAVE MOVED HIM TO FRIDAY. (5) WAS INVOLVED IN THAT PARTICULAR (6) DISCUSSION BETWEEN YOU AND (7) DR. SPOLYER? (8) AYES, IT WAS. (9) Q YOU DON'T REMEMBER ONE WAY OR THE (is) I MADE MY PLANS TO HAVE MY EXPERT HERE (16) THAT MONDAY. It?) NOW THEY HAVE CHANGED THE SCHEDULE TO (is) HAVE HIM BACK ON THE FRIDAY PREVIOUS. (19) THE COURT: LET'S LOOK AT SCHEDULING AS THE (10) OTHER AS TO WHETHER IT WAS 1248 (11) OR A DIFFERENT AROCLOR? (12) A NO, I DON'T. (13) Q YOU INDICATED IN YOUR RESPONSE OF (14) A MOMENT AGO - EXCUSE ME. (20) LASTTHINGWEDOTODAY. (2D BUT YOU ANTICIPATE THAT NOT BEFORE THE (22) END OF NEXT WEEK AT LEAST? (23) MR. PREUSS: THAT'S CORRECT. (24) THE COURT: I JUST WANT TO KNOW-I WANT TO (15) YOU INDICATED IN YOUR RESPONSE OF (25) KNOW WHAT PACKAGE OF MY BRAIN I SHOULD FILE THIS (16) A MOMENT AGO THAT THE EMPLOYEES AWAY (17) INVOLVED IN THIS INCIDENT HAD (18) SOME - OR AT LEAST DR. SPOLYER (19) INDICATED TO YOU THAT THE (20) EMPLOYEES HAD SOME (21) GASTROINTESTINAL COMPLAINTS. (22) I'M NOT SURE I GOT YOUR ANSWER (23) CORRECTLY. (24) DID YOU TELL HIM TO WATCH FOR (25) LIVER DAMAGE OR DID HE SAY THAT (26) HE WAS WATCHING FOR LIVER DAMAGE? (27) A I THINK I TOLD HIM. (28) Q AND CAN YOU STATE THE REASON WHY_____________ (26) UNDER SO IT WILL COME BACK AT A CERTAIN POINT IN THE (27) FUTURE. (28) MR. PREUSS: MR. BAYLEY IS ONE OF OUR FIRST AND Page 1620 (1) MR. GILMORE ONE OF THE LAST. (2) THE COURT: KNOWING THE 402 FOUNDATIONAL (3) CONCERN IS BEING PASSED OUT WITH DIFFERENT WITNESSES (4) AT DIFFERENT TIMES, WE WILL HEAR NOWTHE TESTIMONY OF 15) MR. PARKER. 16) MR. TALLON: THANK YOU. (D YOU TOLD HIM? (2) AYES. Page 1618 (7) WE WOULD LIKE TO CALL MR. PARKER. (8) (9) ROBERT FRANKLIN PARKER, (3) OUR TOXICOLOGICAL WORK SHOWED (4) THAT THE LIVER IS THE TARGET (5) ORGAN IN ACUTE EXPOSURES. (io) CALLED AS A WITNESS BY THE PLAINTIFF, TRANSWESTERN, (i i) HAVING BEEN PREVIOUSLY SWORN TESTIFIED AS FOLLOWS: (6) THE COURT: MR. TALLON, WE WILL TAKE THE (12) (7) AFTERNOON AND THE WEEKEND BREAK AT THIS POINT. (8) LADIES AND GENTLEMEN, LET ME REMIND YOU (9) NOT TO FORM ANY IMPRESSION IN YOUR OWN MIND, NOT TO (10) THINK ABOUT THE CASE, NOT TO SAY ANYTHING TO (13) THE COURT: MR. PARKER, YOU HAVE PREVIOUSLY (14) SWORN TO TELL THE TRUTH IN CONNECTION WITH THIS (15) ACTION. (16) YOU ARE STILL UNDER THAT OATH. (17) WOULD YOU STATE YOUR NAME AGAIN. Page 1615 to Page 1620 Transwestern v. Monsanto HARTOLDMONOO11334 BSA Trial Transcript [December 3, 1993] XMAXI29) (18) THE WITNESS: MY NAME IS ROBERT FRANKLIN (25) Q AND SORT OF THE MIDDLE OF THE DIAGRAM Ii9) PARKER, P-A-R-K-E-R. (20) THE COURT: MR. TALLON. (26) THERE IS A PORTION WHICH IS BLUE AND CONTAINS MANY (21) (27) RED DOTS. (22) DIRECT EXAMINATION (23) BY MR. TALLON: (28) WHAT, SIR, DOES THAT DEFINE?_____________________ (24) Q MR. PARKER, YOU HAVE TESTIFIED PREVIOUSLY (25) ABOUT THE CONFIGURATION OF A COOPER-BESSEMER (26) CENTRIFUGAL COMPRESSOR OF THE TYPE USED IN CORONA, (2?) NEW MEXICO BY TRANSWESTERN, CORRECT? ID A THAT IS THE SEAL OIL CHAMBER SOMETIMES (2) CALLED A REFERENCE GAS CHAMBER. (3) Q WHAT HAPPENS IN THERE WHILE THAT (4) COOPER-BESSEMER CENTRIFUGAL COMPRESSOR IS IN (5) OPERATION? (28) AYES, SIR. (6) A THE SEAL OIL COMES OUT BETWEEN THE SHAFT Page 1621 (7) AND THE SEAL AND IT COMES INTO THAT GAS CHAMBER ID Q AND FOR PURPOSES OF ILLUSTRATION, LET ME WHERE (2) SHOW YOU, AGAIN, TRANSWESTERN EXHIBIT 365, WHICH (8) THE SHAFT IS TURNING AT A HIGH VELOCITY. I (3) WILL PUT UP. (4) AS I UNDERSTOOD YOUR TESTIMONY, THE (5) COOPER-BESSEMER CENTRIFUGAL COMPRESSOR USED BY (6) TRANSWESTERN IN CORONA, NEW MEXICO WAS A (9) SOME OF THE OIL COLLECTS IN THE BOTTOM OF (to) THE CHAMBER AND IS DRAINED INTO - DRAINS OUT INTO A (11) FLOAT-OPERATED DRAIN TRAP WHICH IS ALSO CONNECTED, (12) EQUALIZED - THE PRESSURE IN THE TRAP IS EQUALIZED TO TWO-STAGE (13) THE REFERENCE GAS CHAMBER BY AN EXTERNAL LINE (7) COMPRESSOR, RIGHT? WHICH (8) AYES, SIR. (9) Q WHICH MEANT THAT IT HAD TWO IMPELLERS OR (14) TIES BACK INTO THIS SPACE, NOT DIRECTLY INTO HERE BUT (10) WHEELS, THE ACTION OF. WHICH ACTUALLY (is) INTO THE PIPING THAT GOES INTO THAT SPACE. COMPRESSED THE (16) Q IN THE SEAL OIL DRAIN CAVITY OR REFERENCE (11) GAS, CORRECT? (17) GAS CHAMBER AFFIXED TO THE ROTOR OR SHAFT IS A (12) A THAT'S CORRECT. PIECE (13) Q COOPER-BESSEMER COMPRESSORS ARE ALSO MADE (18) OF EQUIPMENT WHICH, IN THIS DIAGRAM, IS DEPICTED (U) IN A SINGLE STAGE OR SINGLE IMPELLER MODEL, IN CORRECT? (19) DARK GREEN. (15) AYES. (20) WHAT IS THAT? (16) Q WHEN YOU DESCRIBED THE OTHER DAY FOR THE (21) A THAT IS CALLED A SPACER OR SOMETIMES (17) JURORS AND THE COURT THE LUBRICATION AND SEAL (22) CALLED A SLINGER RING. OIL (23) IT SERVES BOTH FUNCTIONS. (18) SYSTEM OF THE COOPER-BESSEMER CENTRIFUGAL (24) Q IN THIS DIAGRAM WE ARE SEEING A COMPRESSOR (25) CROSS-SECTION, CORRECT? (19) AT CORONA, YOU USED TRANSWESTERN EXHIBIT 365 TO (26) A BEG PARDON? (20) ASSIST IN THAT PROCESS, RIGHT? (27) Q IN THIS DIAGRAM WE ARE SEEING A (21) AYES. (28) CROSS-SECTION? (22) Q AND TRANSWESTERN EXHIBIT 365 DEPICTS A Page 1624 (23) CUT-AWAY VIEW OF THE BARREL ASSEMBLY OF THE (1) AYES, A CROSS-SECTION. (24) COOPER-BESSEMER CENTRIFUGAL COMPRESSOR AT (2) Q IN ACTUAL FACT THAT IS A RING THAT IS CORONA, (3) ATTACHED TO THE ROTOR? (25) RIGHT? (4) AYES. (26) A THAT'S CORRECT. (5) Q OKAY. 127) Q THE BARREL ASSEMBLY IS THE PORTION OF THE (6) THE YELLOW YOU IDENTIFIED IN YOUR (28) COOPER-BESSEMER COMPRESSOR WHICH INCLUDES (7) TESTIMONY THE OTHER DAY AS AN IMPELLER - EXCUSE THE CEILING ME, Page 1622 (8) AS LABYRINTH PACKING, DIRECT? (1) SYSTEM, CORRECT? (9) AYES. (2) AYES. (10) Q SOMETIMES REFERRED TO AS A LABYRINTH (3) Q AND BRIEFLY, COULD YOU PLEASE IDENTIFY (11) SEAL, CORRECT? (4) THE PARTS ON THE EXHIBIT 365 AS I POINT THEM OUT TO (12) A CORRECT. (5) YOU? (13) Q NOW, THE ACTION OF THAT LABYRINTH SEAL IS (6) A THAT'S ALL RIGHT. (14) WHAT? (7) Q NOW, THIS IS WHAT? (15) A IT'S TO INTRODUCE RESTRICTION TO ANY FLOW (8) A THAT IS A BEARING. (16) BACK AND FORTH ALONG THE SHAFT, IN EITHER (9) Q AND THE RED INDICATES WHAT? DIRECTION. (io) A THE SHAFT SEAL, THE LOW PRESSURE SHAFT (17) Q IN THE ABSENCE OF MS. GRADY, I NEED TO HD SEAL. (is) PREVAIL UPON MR. ZIMMER OR MR. PREUSS TO (12) THE RED REPRESENTS THE OIL, LEAKING OIL PERHAPS TELL (13) SEAL. (19) ME WHAT THE NEXT NUMBER OF THE TRANSWESTERN (14) Q AND THE GRAY REPRESENTS? EXHIBITS (is) A THAT IS THE SHAFT. (20) MIGHT BE. (16) Q THE DIRECTION OF TRAVEL OF THE OIL WHILE (2D THE COURT: YOU MEAN AN UNNUMBERED? (17) THE MACHINE IS IN OPERATION IS IN THE PORTION WE (22) MR. TALLON: YES. CAN (23) THE COURT: YOUR NEXT AVAILABLE NUMBER, (is) SEE WHICH WAY? (24) MR. TALLON, IS 388 UNLESS YOU HAVE RESERVED IT FOR (19) A TOWARD THE IMPELLER. (25) SOMETHING ELSE. (20) ON THAT END IT GOES THAT WAY. (26) MR. TALLON: IF WE HAVE, WE WILL JUST RE-NUMBER (2D THE COURT: TOWARDS THE RIGHT ON THE DIAGRAM? (27) THAT ONE. (22) THE WITNESS: TOWARDS THE RIGHT ON THE DIAGRAM. (28) THE COURT: 388. (23) Q BY MR. TALLON: THE RED IS THE IMPELLER? Page 1625 (24) A THE IMPELLER, THE ORANGE. (i) WHAT IS IT YOU'RE MARKING? Transwestern v. Monsanto Page 1620 to Page 1625 HARTOLDMONOO11335 BSA Trial Transcript [December 3, 1993] XMAX(30) (2) MR. TALLON: YOUR HONOR, I WAS GOING TO ASKTHE (14) A THAT IS THE SHAFT, YES. (3) WITNESS TO TELL US THAT. (4) Q MR. PARKER, I HAVE JUST MARKED AS EXHIBIT (5) 388 A SINGLE-PAGE DRAWING. (6) COULD YOU IDENTIFY THAT, PLEASE? (7) A THAT IS A CROSS-SECTION OF AN INGERSOLL (15) Q MOVING ON THE RIGHT ALONG THE SHAFT, WE (16) COME TO THE RIGHT-HAND SIDE OF THIS SCREEN, TO THE (17) RIGHT OF THE BLACK LINI: GOING DOWN THE CENTER OF (is) EXHIBIT 388. (s) RAND COMPRESSOR OF THE TYPE THAT WAS ORIGINALLY (9) INSTALLED AT STANTON, KENTUCKY.. 00) Q HOW DO YOU KNOW THAT? (is) WHAT AM I POINTING TO NOW? (20) A THAT IS THE IMPELLER. (2D Q OKAY. AND THIS IS, I WILL TRY TO GET A (it) A I HAVE TALKED TO THE PEOPLE AT STANTON (22) BETTER RESOLUTION ON THIS, BUT WHAT DOES THIS 02) AND ALSO WITH THE STATION OPERATOR, WHERE IT IS AREA NOW (23) DEPICT? 03) IN WEST VIRGINIA. (14) Q OKAY. (24) A THAT IS THE BEARING SEAL OIL AND SEAL (25) CHAMBER. (15) PEOPLE AT STANTON, KENTUCKY ARE EMPLOYED (is) BY WHAT COMPANY? (17) A COLUMBIA GULF. (is) Q AND YOU SAID THAT THAT PARTICULAR MACHINE (19) IS NOW WHERE? (20) A IN WEST VIRGINIA ON COLUMBIA GAS SYSTEM, (26) THE COURT: MR. TALLON, JUST FOR CLARITY, (27) BECAUSE FOR ANY APPELLATE RECORD, THEY WON'T HAVE THE (28) SCENE AS YOU DO. Page 1628 (D WOULD YOU MARK THAT DIAGRAM 388 LEFT AND (21) A DIFFERENT PIPELINE SYSTEM. (22) Q BASED ON YOUR CONVERSATIONS WITH (23) REPRESENTATIVES OF THE COLUMBIA GULF, DO YOU HAVE AN (24) UNDERSTANDING AS TO THE HISTORY OF THE UNIT USED BY (25) GULF IN STANTON, KENTUCKY THAT AT ONE POINT USED (26) TURBINOL? (27) AYES, THAT'S CORRECT. (28) Q AND DESCRIBE BRIEFLY, PLEASE, WHERE IT Page 1626 (D WAS AND WHERE IT IS. (2) A YOU MEAN THE COMPRESSOR? (3) Q YES. (4) A IT WAS IN THE COLUMBIA PIPELINE SYSTEM AT (2) RIGHT. (3) SO THERE IS NO CONFUSION. (4) MR. TALLON: UNDERSTOOD. (5) I HAVE NOW MARKED 388 LEFT AND RIGHT. (6) I WILL TRY TO GET A CLOSER RESOLUTION. (7) OF THIS AREA. (8) NOW, MR. PARKER, I HAVE NOW USED OUR ELMO O) SYSTEM TO HAVE A BETTER RESOLUTION OF A PORTION OF (10) EXHIBIT 388 TO THE RIGHT-HAND SIDE OF ITS CENTER. (11) WHAT IS DEPICTED NOW? (12) A THIS IS THE MAIN BEARING AND THE SEAL (13) ASSEMBLY AND THE REFERENCE GAS CHAMBER. (14) Q SHOW THE COURT, PLEASE, ON THIS EXHIBIT (is) WHAT - WHERE THE REFERENCE GAS CHAMBER IS. (16) A THE REFERENCE GAS CHAMBER IS IN THE (5) STANTON, KENTUCKY. (6) THEY LATER SOLD THE MACHINE TO COLUMBIA (7) GULF - I MEAN TO COLUMBIA GAS COMPANY, GAS PIPELINE (8) COMPANY AND SHIPPED IT TO, I BELIEVE THE NAME OF THE (9) STATION IS SENECA IN WEST VIRGINIA. (10) Q SO THE ACTUAL MACHINE THAT USED THAT IS (11) NO LONGER IN USE BY THE GULF? (12) A THAT'S CORRECT. (is) Q CAN YOU TELL US WHAT THAT DEPICTS IN (14) GENERAL TERMS WITHOUT IDENTIFYING EACH PIECE, WHAT IS (is) THAT OVERALL A PICTURE OF? (16) A A CROSS-SECTION OF THE ENTIRE COMPRESSOR, (17) PARTICULARLY THE BEARING AND SEAL AREA. (is) MR. TALLON: OKAY. I'M GOING TO APPROACH, YOUR (19) HONOR, AND ASK THE WITNESS TO IDENTIFY THE PORTION ON (20) THE RIGHT HAND - THE LEFT-HAND SIDE OF THE SCREEN. (2t) Q I'M POINTING NOW TO THE CROSS-HATCH (22) MATERIAL AND ASK WHAT IS THIS? (23) A THAT IS THE COVER PLATE, OUTSIDE COVER (24) PLATE. (25) Q OKAY. AND WHAT IS REPRESENTED BY THE (26) AREA IMMEDIATELY BEHIND THAT ON THE RIGHT? (27) A THAT IS THE CAVITY IN WHICH ONE OR MORE (28) IMPELLERS COULD BE PLACED. Page 1627 (17) CHAMBER RIGHT HERE, THE LARGE CHAMBER BETWEEN THE (is) IMPELLER AND THIS DIAPHRAGM. (19) Q LET ME BACK THAT UP A LITTLE BIT. (20) A THAT IS THIS SPACE HERE. (21) Q OKAY. AND PLEASE DESCRIBE FOR THE (22) COURT - I'M NOT SURE HOW TO SHOW THIS FOR THE (23) RECORD. (24) WHAT IS THIS ITEM ON THE DIAGRAM WHICH (25) APPEARS TO - ABOVE THE WRITING ON THE ROTOR WHICH (26) APPEARS TO SAY RADCL? (27) A WELL, THE ARROW ON THE DIMENSION POINTS (28) TO THE SEAL RING. Page 1629 (1) BUT THE POINT THAT YOU WERE POINTING AT, (2) THE THING YOU WERE POINTING AT WAS THE LABYRINTH (3) PACKING AROUND THE SHAFT. (4) Q IS IT YOUR UNDERSTANDING BASED ON YOUR (5) REVIEW OF THIS EXHIBIT THAT THE INGERSOLL RAND (6) COMPRESSOR USED AT THE STANTON, KENTUCKY USED A (7) LABYRINTH SEAL? (8) AYES. (9) Q FOR WHAT? (io) A TO SEPARATE THE REFERENCE GAS CHAMBER (i i) FROM THE SEAL OIL CHAMBER AND TO DISCHARGE FLOW (D AT ONE TIME THE MACHINE HAD TWO (2) IMPELLERS. (3) YOU CAN SEE THE PAIRING HERE AND THE (4) SHAPE OF THE CHAMBER. (5) IT'S DESIGNED TO BRING THE GAS FROM THE BACK (12) AND FORTH ACROSS THE SHAFT. (13) Q CAN YOU PLEASE DESCRIBE TO THE COURT YOUR (14) UNDERSTANDING OF THE SEAL OIL AND DRAIN SYSTEM IN (6) FIRST STAGE TO THE SECOND TANK. (7) Q HOW DO YOU KNOW WHETHER OR NOT THIS (8) MACHINE ORIGINALLY HAD TWO IMPELLERS RATHER THAN ONE? (9) A THEY TOLD ME THAT AT THE STANTON STATION (10) AND ALSO THE DIAGRAM OF THE LUBE OIL SEAL SYSTEM (11) SHOWS IT AS A TWO-STAGE MACHINE. (12) Q OKAY. MOVING RIGHT, IN THE RIGHT-HAND (13) DIRECTION ALONG THIS, THIS IS THE SHAFT, CORRECT? (is) THIS COMPRESSOR AND, MR. PARKER, BEFORE I ASK YOU (is) THAT, WOULD IT BE HELPFUL FOR YOU, AT THIS TIME, TO 07) REFER TO THE LUBE AND SEAL OIL DIAGRAM? (is) A WELL, I CAN DO IT ON HERE FIRST. (19) Q PLEASE DO SO. (20) A IT'S RATHER INDISTINCT ON THIS DRAWING (21) BECAUSE THIS WAS REDUCED DOWN FROM A LARGER DRAWING Page 1625 to Page 1629 Transwestern v. Monsanto HARTOLDMONOO11336 8SA Trial Transcript [December 3, 1993] XMAX131] (22) AND NOW IT HAS BEEN BLOWN BACK UP IT LOST A LOT OF (4) THE WORD 'IMPELLERS, FIRST AND SECOND ' (23) DETAIL. (5) DO YOU SEE THAT? (24) THEREARETHREE SEAL RINGS. (6) AYES. (25) OIL ENTERS BETWEEN THE FIRST AND SECOND (26) SEAL RING. (27) THE SEAL RING THAT PREVENTS THE GAS FROM (7) Q WHAT WERE YOU TOLD BY COLUMBIA GULF (8) PERSONNEL REGARDING THE NUMBER OF IMPELLERS ON THE (28) ESCAPING FROM THE MACHINE IS THE FIRST ONE. (9) COMPRESSOR THAT WAS IN USE AT STANTON, Page 1630 KENTUCKY? (1) THE OTHER TWO ARE THE LOW PRESSURE SEAL (10) A IT WAS ORIGINALLY INSTALLED WITH TWO (2) RINGS. (3) Q STOP THERE. (11) STAGES, TWO IMPELLERS. (12) Q WERE YOU TOLD WHETHER OR NOT THAT EVER (4) WE HAVE BEEN TALKING ABOUT THE (13) CHANGED? (5) HIGH-PRESSURE SEAL RING A GREAT DEAL IN (14) A BEG PARDON? TESTIMONY IN (15) Q WERE YOU TOLD WHETHER OR NOT THAT EVER (6) THIS CASE. (16) CHANGED? (?) THERE IS A HIGH-PRESSURE SEAL RING IN THE (17) A AT STANTON IT DID NOT. (8) COOPER-BESSEMER COMPRESSOR, CORRECT? (is) WHEN THEY MOVED IT FROM KENTUCKY, TO WEST 0) A THAT'S CORRECT. ' (19) VIRGINIA, THE COLUMBIA SYSTEM, THEY TOOK OUT ONE 00) Q IF A TRANSWESTERN EXHIBIT 365 DEPICTED A OF (ii) LARGER PORTION OF THE BARREL ASSEMBLY, WOULD (20) THE IMPELLERS. THERE BE (21) THEY MAY HAVE PUT IN A DIFFERENT IMPELLER 02) SHOWN A LOW-PRESSURE SEAL RING? (22) BUT THEY MADE IT A SINGLE-STAGE MACHINE. (13) A NO. (23) Q YOU WERE TOLD WHEN COLUMBIA GULF USED (14) THE LOW-PRESSURE SEAL RING IS OFF OF THE (24) THIS MACHINE IT WAS A TWO-STAGE MACHINE? 05) DIAGRAM TO THE LEFT. (25) A YES. 06) Q NOT SHOWN ON THE TRANSWESTERN EXHIBIT? (26) Q USING THE EXHIBIT 389 DIAGRAM OF THE LUBE (17) A NO, IT IS NOT. (27) AND SEAL OIL SYSTEM, COULD YOU PLEASE DESCRIBE (18) Q PERHAPS MR. PREUSS AND MR. ZIMMER WOULD FOR (19) BE KIND ENOUGH TO LET ME USE THEIR EXHIBIT (28) THE COURT THE FUNCTIONALITY OF THE LUBE AND SEAL NUMBER OIL _______ _ (20) 784. Page 1633 (21) USING THAT, PLEASE, WOULD YOU POINT TO (1) SYSTEM ON THE INGERSOLL RAND COMPRESSOR? (22) THE LOW-PRESSURE SEAL? (2) AYES. (23) A THIS IS THE HIGH-PRESSURE SEAL RING. (3) THE SEAL OIL COMES INTO THE SEAL OIL (24) THIS IS THE LOW-PRESSURE SEAL RING. (4) CHAMBER BUT BETWEEN THE FIRST AND SECOND OF THE (25) Q AND WHERE ON THE INGERSOLL RAND THREE (26) COMPRESSOR IS THE LOW-PRESSURE SEAL RING? (5) SEAL RINGS. (27) A THERE ARE THREE SEAL RINGS. (6) THERE ARE THREE SEAL RINGS. (28) ONE IS A HIGH-PRESSURE AND THE OTHER TWO (7) THE FIRST SEAL RING IS THE HIGH-PRESSURE Page 1631 (8) SEAL RING. (D ARE STATIONED ON THE LOW-PRESSURE SEAL RING. (9) THE SEAL OIL FLOWS BETWEEN THE SHAFT AND (2) Q ON THE INGERSOLL RAND COMPRESSOR WHAT IS (io) THAT SEAL RING OUT INTO THIS SEAL GAS CHAMBER. (3) THE DIRECTION OF THE OIL FLOW ACROSS THE (i i) IT FLOWS BETWEEN THESE OTHER TWO SEAL (4) HIGH-PRESSURE SEAL RING? - (12) RINGS AND THE SHAFT AND OUT INTO THE LOW PRESSURE (5) A TO THE LEFT ALONG THE SHAFT. (13) CHAMBER. (6) Q IS THAT INTO THE REFERENCE GAS CHAMBER? (14) THE BEARING IN THIS MACHINE IS OUTSIDE (7) A INTO THE SEAL OIL CHAMBER. (15) THE SEAL RINGS. (8) Q OKAY. AND WHAT OCCURS IN THE SEAL OIL lie) IN THE COOPER MACHINE THAT IS BETWEEN 0) CHAMBER IN THE INGERSOLL RAND COMPRESSOR? (i7) THEM BUT IT HAS NO SIGNIFICANCE ON THE OPERATION. (10) A THE OIL FLOWS DOWN TO THE BOTTOM OF THE (is) Q IN THE LUBE AND SEAL OIL DIAGRAM, (11) SHAFT AFTER BEING THOROUGHLY AGITATED BY THE (19) MR. PARKER, AS YOU HAVE JUST DESCRIBED IT, OIL ROTATION ENTERS (12) OF THE SHAFT, FLOWS DOWN INTO THE BOTTOM OF THE (20) THE SPACE BETWEEN THE HIGH-PRESSURE SEAL RING SEAL AND THE (13) OIL CHAMBER AND OUT THROUGH A FLOAT-OPERATED (2D LOW-PRESSURE SEAL RING AND FLOWS IN BOTH TRAP, DIRECTIONS (H) VERY MUCH LIKE THE ONE ON THE COOPER-BESSEMER. (22) ALONG THE ROTOR? (is) Q LET'S NOW MARK AS 389 A DOCUMENT ENTITLED (23) ARIGHT. (is) "INGERSOLL RAND COMPANY DIAGRAM, LUBE AND SEAL (24) Q HOW DOES THAT COMPARE TO THE (17) OIL." (25) COOPER-BESSEMER COMPRESSOR? (is) MR. PARKER, CAN YOU IDENTIFY THIS EXHIBIT (26) A IT'S THE SAME. (19) 389 FOR THE RECORD? (27) Q AS THE OIL ENTERS THE AREA - ENTERS THE (20) AYES. (28) AREA BETWEEN HIGH-PRESSURE SEAL AND THE (2D THIS IS A DIAGRAM OF THE LUBE AND SEAL LOW-PRESSURE (22) OIL SYSTEM ON THE INGERSOLL RAND COMPRESSOR IN Page 1634 (23) QUESTION. (D SEAL, WHAT DIRECTION DOES IT TAKE RELATIVE TO THE (24) Q HOW DO YOU KNOW THAT? (2) HIGH-PRESSURE SEAL AND THE LABYRINTH? (25) A I HAVE VERIFIED IT WITH BOTH THE O) A IT FLOWS TOWARD THE LABYRINTH UNDER THE (26) OPERATORS AT THE STANTON, KENTUCKY AND ALSO WITH (4) HIGH-PRESSURE SEAL RING. (27) INGERSOLL RAND. (5) Q WHAT MAKES IT DO THAT? (28) THE TWO GO TOGETHER. (6) A THE PRESSURE IN THIS CHAMBER IS Page 1632 (7) MAINTAINED AT SOME CONSIDERABLE AMOUNT HIGHER (1) THE COURT: IN THIS DRAWING IN THE CENTER THAN (2) THERE - WELL, IN THE CENTER OF THIS DRAWING THERE (8) THE PRESSURE IN THE SEAL OIL CHAMBER, IN THE CASE (3) ARE TWO RECTANGLES OVER WHICH IS WRITTEN OR OF PRINTED (9) INGERSOLL RAND ABOUT 50 POUNDS. Transwestern v. Monsanto Page 1629 to Page 1634 HARTOLDMONOO11337 Trial Transcript [December 3, 1993] XMAX(32) (10) Q OKAY. ON THE LUBE AND SEAL OIL DIAGRAM, (19) A THAT'S CORRECT. (11) THERE ARE TWO RECTANGLES ABOVE AND BELOW THE ROTOR OR (12) SHAFT THAT APPEAR TO HAVE JAGGED EDGES, (20) Q IS IT YOUR UNDERSTANDING THAT (21) COOPER-BESSEMER HAS PATENTS ON THE DESIGN FEATURE OF da) WHAT DOES THAT REPRESENT? (22) ITS UNIT? (H) A THAT IS THE LABYRINTH PACKING. (23) A THERE MAY BE SOME PATENTS. (is) Q OKAY. AND BASED ON YOUR REVIEW OF THIS (24) I'M NOT AWARE OF WHAT ITEMS ARE PATENTED (16) DIAGRAM, MR. PARKER, DO YOU HAVE AN UNDERSTANDING AS (25) AND WHAT ARE NOT. (26) Q ISN'T IT CUSTOMARY IN THE COMPRESSOR (17) TO HOW OIL EXITS THE REFERENCE GAS CHAMBER OR (2?) INDUSTRY, IN THE TURBINE INDUSTRY, FOR SEAL MANUFACTURERS (is) OIL DRAIN CAVITY? (28) TO PROTECT THE DESIGNS OF THEIR PRODUCTS BY (to) A IT CAN GO IN THE SAME MANNER, BY PATENTS?____________________ ______________________ (20) MIGRATION OR SOME SMALL CHANGES IN FLOW BACK AND Page 1637 (21) FORTH ACROSS THAT SHAFT. (22) Q IS THERE A DRAIN OUT OF THE REFERENCE GAS (23) CHAMBER OR SEAL OIL DRAIN CAVITY ON THE INGERSOLL (24) RAND COMPRESSOR? (25) A OUT OF THE SEAL OIL CHAMBER, YES, THE (26) DRAIN. (27) Q AND WHERE DOES IT GO INTO? (28) A IT GOES INTO A FLOAT-OPERATED TRAP, Page 1635 (1) Q THE INGERSOLL RAND COMPRESSOR HAS ANOTHER (D A IF THEY HAVE SOMETHING THAT IS (2) SIGNIFICANTLY DIFFERENT, YES. (3) Q DO YOU HAVE ANY KNOWLEDGE AS TO WHAT (4) ASPECT OF COOPER-BESSEMER IS PATENTED? (5) A NO, I DO NOT. (6) Q DO YOU KNOW WHAT INGERSOLL RAND PATENTS (7) IN TERMS OF THEIR EQUIPMENT? (8) A NO, I DO NOT. (9) Q HAVE YOU EVER REVIEWED ANY OPERATIONAL (io) DATA ON THE INGERSOLL RAND COMPRESSOR UNIT THAT WE - (2) BEARING, DOES IT NOT? (3) A IT-YES. (i i) ARE TALKING ABOUT IN STANTON, KENTUCKY? (12) A NO, I HAVE NOT. (4) IT'S A BEAN-TYPE MACHINE. (13) Q DO YOU KNOW WHEN THAT UNIT WAS (5) IT HAS IDENTICAL FITTINGS ON BOTH ENDS. (6) Q AND IN THE INGERSOLL RAND COMPRESSOR ONE (7) OF THE BEARINGS IS TOWARDS THE FRONT OF THE (U) MANUFACTURED? (is) A NO, NOT THE EXACT DATE. (is) I DO NOT. MACHINE; (17) Q DO YOU KNOW WHEN THE COOPER-BESSEMER AT (8) IS THAT RIGHT? (is) CORONA WAS MANUFACTURED? (9) A YES, TOWARDS THE COVER PLATE OUT HERE. (10) Q OKAY. AND IN YOUR OPINION HOW DOES THAT (19) A ABOUT 1965 OR'66. (20) Q HOW DID YOU GET THAT INFORMATION? (11) AFFECT OIL FLOW OR GAS FLOW ACROSS THE (21) A I HAVE READ SOME OF THE CORRESPONDENCE LABYRINTH (12) SEAL? (22) BACK AND FORTH BETWEEN TEXAS EASTERN AND (23) COOPER-BESSEMER. (13) A I DON'T THINK IT WOULD HAVE A SIGNIFICANT (H) EFFECT. (24) TEXAS EASTERN BOUGHT THE MACHINE (25) ORIGINALLY. (15) YOU HAVE TWO SEALS INSTEAD OF ONE. (26) Q OKAY. ' (is) MR. TALLON; OKAY. I HAVE NOTHING FURTHER. (27) HOW ABOUT THE INGERSOLL RAND UNIT. (17) THE COURT: MR. PREUSS? . (18) (is) CROSS EXAMINATION (20) BY MR. PREUSS: (21) Q HAVE YOU SEEN THE UNIT ITSELF, SIR? (22) A I BEG YOUR PARDON? (23) Q HAVE YOU SEEN THE INGERSOLL - FIRST OF (24) ALL, WHEN DID YOU UNDERSTAND THIS INGERSOLL RAND (25) COMPRESSOR AT STANTON WAS IN USE AT THE TIME THAT (26) THERE WAS SOME DIFFICULTY WITH THE OPERATION OF THAT (27) UNIT? (28) AYES, Page 1636 (D Q WHEN WAS IT? (2) A THAT WAS IN 1968 TO 71, SOMETIME IN (3) THERE. (4) I DON'T REMEMBER THE EXACT DATE BUT IT (5) WAS - PERHAPS A LITTLE BIT, '69, 70, 71. (6) Q WHEN WAS THAT UNIT INSTALLED? (7) A ABOUT THAT TIME, I THINK. (8) Q YOU DON'T KNOW WHEN BETWEEN '68 AND 71? (9) A NO, I DON'T KNOW EXACTLY. (10) Q HAVE YOU EVER PERSONALLY SEEN THE UNIT (11) THAT WAS INSTALLED AT STANTON? (12) A NO, I HAVE NOT. (13) Q AND THE MANUFACTURER OF THAT COMPRESSOR 04) UNIT IS INGERSOLL RAND; IS THAT CORRECT? (28) WHEN WAS THAT? Page 1638 (1) A I DON'T KNOW. (2) Q IS THE TWO DIAGRAMS THAT HAVE BEEN MARKED (3) AS EXHIBITS JUST SHORTLY BEFORE YOU AND I STARTED (4) TALKING, ARE THOSE THE ONLY TWO WRITTEN DOCUMENTS YOU (5) HAVE THAT YOU BELIEVE ESTABLISH THE SIMILARITY OF THE (6) TWO UNITS? (7) A OH, I HAVE A WRITTEN DESCRIPTION OF THE (8) OPERATION OF THE LUBE AND SEAL OIL SYSTEM, A FEW (9) PAGES. (10) Q AND WHERE DID YOU GET THAT? (11) A I THINK WE GOT IT - I THINK IT CAME FROM (12) COLUMBIA GULF. (13) Q YOU THINK OR DID IT? (H) A IT DID. (15) I GOT IT FROM COLUMBIA GULF. (16) Q FROM WHOM DID YOU GET IT? (17) A A MR. BECKETT. (is) Q AND WHAT IS MR. BECKETT'S FIRST NAME? (19) A LEE, LEE BECKETT. (20) Q AND WHAT IS LEE BECKETT'S JOB TITLE? (2D A I DON'T KNOW EXACTLY. (22) HE IS AN ATTORNEY. (23) Q HE IS AN ATTORNEY? . (24) AYES. (25) Q AND DID HE GIVE YOU THE INFORMATION ON (26) THE UNIT? (is) A IT WAS AT THE TIME. (27) A ALL I KNOW - HE GOT THE DRAWINGS AND THE (16) IT IS NOW DRESSER RAND. (17) Q AND THE COMPRESSOR AT CORONA IS (18) MANUFACTURED BY COOPER-BESSEMER? (28) WRITEUP FOR ME. (D THAT'S ALL. Page 1639 Page 1634 to Page 1639 Transwestern v. Monsanto HARTOLDMONOO11338 ssa Trial Transcript [December 3, 1993] XMAXi3J) (2) I GOT THE INFORMATION ON THE UNITS FROM (16) Q HAS IT HAD ANY MODIFICATIONS TO IT, AT (3) THE OPERATORS AT ONE - ONE OF THE OPERATORS AT (17) LEAST AS FAR AS HE BELIEVES? TO STANTON WHO WAS THERE AT THE TIME THE MACHINE (is) A HE DOESN'T KNOW OF ANY. WAS IN (19) HE THINKS THE SEAL OIL SYSTEM IS THE (5) USE AND ALSO FROM AN OPERATOR WHO IS NOW AT THE (20) SAME. (6) SENECA PLANT IN WEST VIRGINIA. (21) Q ALL RIGHT. WHAT IS YOUR UNDERSTANDING OF (?) Q WHAT IS THE NAME OF THE INDIVIDUAL THAT (22) THE PURPOSE OF THE UNIT AT STANTON WHEN IT WAS (8) WAS AT STANTON AT THE TIME THE UNIT WAS AT USE OPERATING, (23) SOMETIME BETWEEN'68 AND'717 (9) THAT YOU TALKED TO, SIR? (24) A THE PURPOSE OF THE UNIT? (to) A I'M TERRIBLE WITH NAMES. (25) Q YES. WHY WAS IT INSTALLED? (ii) I'M NOT-I TALKED TO HIM TODAY. (26) WHAT WERE THEY TRYING TO ACCOMPLISH? 02) Q IS THAT THE FIRST TIME YOU TALKED TO HIM? (27) A COMPRESS GAS, PIPELINE GAS FROM 600TO - (13) A THAT IS THE FIRST TIME I HAD TALKED TO (28) THEY MENTIONED A SUCTION PRESSURE OF 600 AND 750 (M) HIM. (15) Q IS HIS NAME WILL GILMORE? Page 1642 0) POUNDS. ITBOOSTEDTHE PRESSURE ABOUT 150 (16) A NO. (17) Q IS HIS NAME DON GILMORE? POUNDS. (2) Q TO WHAT? (is) A NO. (19) Q YOU DON'T KNOW HIS NAME? (20) A I KNOW HIS NAME. (3) A WELL, IT WOULD BE FROM 750 TO 900. (4) Q ALL RIGHT. AND WHAT IS THE HORSEPOWER OF (5) THE UNIT? (2D I KNOW IT IF YOU CALLED IT. (6) A I THINK IT'S 20,000. (22) Q HOW LONG DID YOU TALK TO HIM ABOUT THE (23) UNIT? (7) IT'S A LITTLE BIGGER, LITTLE HEAVIER (8) HORSEPOWER. (24) A OH, PROBABLY 20, 30 MINUTES. (25) Q WHAT WAS HIS JOB TITLE AT THE TIME? (9) Q AND IS THE INPUT PRESSURE THE SAME AT (to) STANTON AS IT IS IN CORONA FOR THE UNIT? (26) A I'M NOT SURE OF THAT. (27) Q YOU DON'T KNOW WHAT HIS JOB TITLE WAS? (ii) A IT PROBABLY AT TIMES IS THE SAME. 02) SOMETIMES HIGHER, SOMETIMES LOWER. (28) A NO. (13) THE PRESSURES ON PIPELINES VARY Page 1640 (14) CONSTANTLY. (1) Q DO YOU KNOW WHETHER HE WAS AN ENGINEER? (is) Q DOES IT HAVE A MAXIMUM DISCHARGE PRESSURE (2) A I THINK HE IS AN OPERATING-TYPE PERSON. (16) AT THE STANTON UNIT THAT IS DIFFERENT OR THE SAME (3) WHETHER HE IS AN ENGINEER OR NOT I DON'T AS (4) KNOW. (17) THE ONE IN CORONA? (5) Q WHEN YOU REFER TO AN OPERATING-TYPE (is) A I DON'T KNOW. (6) PERSON, WHAT ARE YOU TALKING ABOUT? (19) Q YOU DON'T KNOW THAT. (7) A HE IS FAMILIAR WITH THE OPERATIONS OF THE (20) WHAT IS THE - DOES THE UNIT OPERATE (8) MACHINE AND ITS CONSTRUCTION. (21) AT-WITHDRAW THAT. (9) Q AND YOUR UNDERSTANDING IS THAT HIS (22) AT THE SEAL OIL DRAIN CAVITY, IS THAT AT (10) FAMILIARITY IS BASED UPON THE FACT THAT HE WAS AT (23) REFERENCE PRESSURE? THE (24) AYES. Hi) UNIT SOMETIME BETWEEN '68 AND '71? (25) Q ALL RIGHT. 02) AYES. (26) WHAT IS THE REFERENCE PRESSURE IN THE (13) HE IS STILL THERE AT THE STATION. (27) STANTON UNIT? (14) Q AT STANTON, KENTUCKY? (28) A IT'S THE SUCTION PRESSURE OF THE (15) AYES. (16) Q BUT THE UNIT IS NOT THERE ANYMORE? (t) MACHINE. Page 1643 (17) A THE UNIT IS NOT. (is) Q WHEN DID THE UNIT LEAVE? (2) Q SAME AS THE SUCTION? (3) A SUCTION PRESSURE, YES. (19) A I DON'T KNOW THE EXACT DATE. (4) Q IS THAT THE SAME AS THE SETUP IN CORONA? (20) Q WELL, CAN YOU GIVE ME A BALLPARK FIGURE? (5) A NO. (21) A AFTER 1971. (6) IN CORONA IT'S THE PRESSURE BEHIND THE (22) THAT IS AS MUCH AS I COULD TELL YOU. (7) IMPELLER WHICH IS BETWEEN SUCTION AND DISCHARGE (23) Q SO THIS INDIVIDUAL WHOSE NAME YOU CAN'T (8) PRESSURE, A LITTLE LOWER THAN DISCHARGE PRESSURE. (24) RECALL IS GIVING YOU INFORMATION AS HE CAN RECALL IT, (25) EVEN THOUGH THE UNIT IS NOT THERE; IS THAT RIGHT? (9) Q SO YOU HAVE A DIFFERENT PRESSURE SET-UP (10) IN THE TWO UNITS, CORRECT? (11) AYES, YES. (26) A THAT'S CORRECT. (12) Q NOW, IN THIS EXHIBIT 389, SIR, ONE (27) Q NOW, YOU SAID YOU SPOKE TO SOMEBODY ELSE (13) SIGNIFICANT DIFFERENCE IN THE UNIT IS THAT YOU (28) IN WEST VIRGINIA ABOUT THIS PARTICULAR UNIT? HAVE Page 1641 (14) SEALS ON BOTH SIDES OF THE IMPELLERS, CORRECT? (t) AYES, WHERE IT IS NOW. (is) A THAT'S CORRECT. (2) Q AND WHOM DID YOU SPEAK TO FROM WEST (is) Q YOU DON'T HAVE THAT IN CORONA, DO YOU? O) VIRGINIA, SIR? (17) A NO, IT'S SINGLE-STAGE MACHINE IN AN (4) A I DON'T HAVE HIS NAME EITHER. I DON'T (18) OVERHUNG SHAFT. (5) RECALL IT. (19) Q SO YOU HAVE TWO LABYRINTH SEALS INSTEAD (6) I SPOKE TO HIM TODAY. (20) OF ONE, RIGHT? (7) Q IS THAT THE ONLY TIMp YOU TALKED TO HIM? (21) A THAT IS CORRECT. (8) AYES. (22) Q ONE AT EITHER SIDE? (9) Q AND DID HE HAVE ANY INVOLVEMENT, AT ALL, (23) AYES. ' (to) WITH THE UNIT AT THE TIME IT WAS OPERATIONAL IN (24) Q AND THAT IS A SIGNIFICANT DESIGN HD STANTON, KENTUCKY, SOMETIME BETWEEN '68 AND '71? (25) DIFFERENCE BETWEEN THE TWO UNITS, IS IT NOT? (12) A NO, HE DID NOT, JUST SINCE IT'S BEEN IN (26) A YES, THAT'S A DIFFERENCE. (13) WEST VIRGINIA. (27) Q NOW, WHAT IS THE - IN THIS PARTICULAR (14) Q AND DOES IT HAVE TWO IMPELLERS NOW? (28) UNIT AT STANTON YOU HAVE THREE SEALS, DO YOU (is) A NO, IT ONLY HAS ONE. NOT? Trans western v. Monsanto Page 1639 to Page 1643 HARTOLDMONOO11339 8sa___________________________________ Trial Transcript [December 3, 1993]___________________________ xmax(34) Page 1644 (D AYES. (2) Q ON EITHER SIDE OF THE IMPELLERS? (3) AYES. ) Q IN CORONA YOU JUST HAVE TWO SEALS, (5) CORRECT? (6) AYES. (7) Q WHAT IS THE - YOU HAVE TWO HIGH-PRESSURE (8) SEALS ON ONE SIDE AND - EXCUSE ME. (9) YOU HAVE ONE HIGH-PRESSURE SEAL AND TWO (to) LOW-PRESSURE SEALS ON EITHER SIDE? (it) A THAT'S CORRECT. (12) Q AND WHAT IS THE CLEARANCE BETWEEN THE (13) HIGH-PRESSURE SEAL AND THE ROTOR ON THE STANTON (14) UNIT? (is) WHAT IS THE DIMENSION? (is) A I THINK HE SAID THREE TO FOUR (17) THOUSANDTHS. (18) Q WHAT IS IT AT CORONA ABOUT SIX (19) THOUSANDTHS? (20) SO THERE IS A DIFFERENCE THERE? (21) AYES. (22) Q AND A SMALLER CLEARANCE MEANS THAT YOU (23) HAVE TO HAVE MORE PRESSURE TO GET THE OIL THROUGH? (24) A THAT'S CORRECT. . (25) Q A HIGHER PRESSURE DIFFERENTIAL? (26) AYES. (27) Q AND WHAT IS THE PRESSURE DIFFERENTIAL AT (28) THE STANTON UNIT? Page 1645 (1) A 50 POUNDS PER SQUARE INCH. (2) Q AND WHAT IS THE DIFFERENTIAL AT THE (3) CORONA UNIT? (4) THE COURT: LET'S GO BACK TO THE QUESTION. (5) WHAT IS THE PRESSURE DIFFERENTIAL AT THE (6) CORONA UNIT. (7) THE WITNESS: 13 POUNDS. (8) QBYMR. PREUSS: ALL RIGHT. SO YOU HAVE A (9) DIFFERENCE OF 37 PSI IN THE DIFFERENTIALS BETWEEN THE 00) TWO UNITS; ISN'T THAT CORRECT? (11) AYES. (12) Q DID YOU ANSWER THAT? (13) AYES. (14) Q OKAY. THANK YOU. (15) AND ONE OF THE ISSUES - WHAT DID YOU 06) UNDERSTAND HAPPENED AT THE STANTON UNIT? 07) A I UNDERSTAND THAT THEY USED A SIGNIFICANT (is) AMOUNT OF OIL WHEN IT ENTERED THE PIPELINE. (19) I DON'T KNOW THE EXACT OPERATING PROBLEMS (20) THEY HAD. (21) THEY HAD SOME, I KNOW. (22) Q OKAY. AND A PRESSURE DIFFERENTIAL OF 50 (23) IS GOING TO BE PUSHING THAT OIL TOWARD THE LABYRINTH (24) SEAL AT 37 PSI GREATER THAN IT'S BEING PUSHED AT THE (25) CORONA UNIT; ISN'T THAT CORRECT? (26) AYES. THROUGH A MUCH-NARROWER OPENING. (27) Q AND WHAT IS THE CLEARANCE BETWEEN THE (28) LABYRINTH SEAL AND THE ROTOR AT THE STANTON UNIT? Page 1646 (D A I THINK IT'S EIGHT TO 10 THOUSANDTHS. (2) Q AND WHAT IS IT AT CORONA? (3) A NINE TO 11 THOUSANDTHS. (4) Q SO WE HAVE A DIFFERENCE THERE AS WELL, DO (5) WE NOT? (6) A A SLIGHT DIFFERENCE. (7) Q AND YOUR HONOR, PERHAPS WE COULD MARK 18) THIS INGERSOLL RAND COMPANY OPERATION AND MAINTENANCE (9) OF THE LUBE AND SEAL OIL SYSTEM AS AN EXHIBIT SINCE do) THAT IS SOMETHING UPON WHICH APPARENTLY THE WITNESS (11) HAS BEEN RELYING UPON? (12) THE COURT: LET'S JUST USE THE NEXT (13) TRANSWESTERN NUMBER, 390. (14) PUT THE NUMBER 390 ON IT, PLEASE. (is) MR. PREUSS: EXCUSE ME? (16) THE COURT: 390. (i?) QBYMR. PREUSS: NOW, DO YOU KNOW WHAT I'M (18) REFERRING TO HERE, SIR? (19) A I THINK SO. (20) LABELED INGERSOLL RAND COMPANY OPERATION (21) AND MAINTENANCE FOR THE LUBE OIL AND SEAL OIL SYSTEM. (22) Q ON PAGE 2 AT THE BOTTOM, SIR, IT SAYS THE (23) SYSTEM IS ALSO PROVIDED WITH THE SEAL OIL REGULATING (24) VALVE TO MAINTAIN SEAL OIL PRESSURE OF 50 PSI HIGHER (25) THAN THE GAS PRESSURE IN THE SEAL CHAMBER? (26) A THAT'S CORRECT. (2?) Q THAT IS WHAT WE WERE JUST TALKING ABOUT? (28) AYES. Page 1647 (1) Q SO 50 INSTEAD OF 10 TO 15 OR 13 I GUESS (2) YOU SAID AT CORONA, RIGHT? (3) A 13, YES. (4) Q NOW, HAVING A HIGHER PRESSURE (5) DIFFERENTIAL IN YOUR OPINION WOULD INCREASE THE (6) LIKELIHOOD OF OIL ESCAPING, WOULD IT NOT? (7) A NOT NECESSARILY. (8) IT WOULD INCREASE THE PRESSURE FORCING (9) THE OIL THROUGH THE SEAL, INTO THE SEAL OIL CHAMBER. (10) ONCE IT GETS INTO THE SEAL OIL CHAMBER (11) THE PRESSURE THE OIL CAME IN DOESN'T MATTER TOO MUCH. (12) Q ONCE IT GETS IN THERE - BY THE WAY, IS (13) THERE A SLINGER ON THIS UNIT? (14) A NOT AS SUCH. (is) THERE IS A SHOULDER ON THE SHAFT OF ABOUT (16) A QUARTER OF AN INCH. (17) Q BUT A SHOULDER IS DIFFERENT FROM A (18) SLINGER. (19) A SLINGER HAS A LIP, DOES IT NOT? (20) A THE SLINGER ON THE COOPER MACHINE HAS A (2!) LIP. (22) THIS IS JUST A MERE SHOULDER OF ABOUT A (23) QUARTER OF AN INCH. ' (24) Q SO THAT IS A DIFFERENT DESIGN FEATURE? (25) A SLIGHTLY DIFFERENT, YES. (26) Q I WOULD LIKE TO SHOW YOU 792, PLEASE. (27) AGAIN, YOU WANT TO POINT OUT THE SLINGER (28) FOR US? ' Page 1648 (D A THIS IS THE SLINGER ON THE (2) COOPER-BESSEMER MACHINE. (3) Q ALL RIGHT. AND THEN THE GREEN IS THE (4> LABYRINTH SEAL AGAIN? (5) A THE GREEN IS THE LABYRINTH. (6) Q THEN YOU SEE ON THE SEAL DRAIN CAVITY (7) THAT THERE IS A LITTLE LIP THERE? (8) AYES. (9) Q THAT IS RIGHT AT THE FLAIR OUT OF THE (10) SLINGER? (11) AYES. (12) Q IS THERE A SIMILAR GROOVE IN THE CASING (13) ON THE INGERSOLL RAND? (14) A NO. (15) Q THERE IS NOT? (16) A SIMPLY AN INCREASE IN THE SHAFT (17) DIAMETER. (is) WELL, THIS CLEARANCE IS A LITTLE LARGER (19) ON IT. (20) THERE IS A SHOULDER ON THE SHAFT. (2D Q ALL RIGHT. SO THAT IS ANOTHER DIFFERENCE Page 1644 to Page 1648 Transwestern v. Monsanto HARTOLDMONOO11340 bsa __________ Trial Transcript [December 3, 1993] XMAX(35', (22) BETWEEN THE UNITS, IS IT NOT? (27) A THEY HAVE FLOATS IN THEM. (23) AYES. (28) THEY APPEAR TO BE THE SAME DESIGN AS THE (24) Q HAVE YOU EVER HAVE ANY DISCUSSION WITH (25) THIS INDIVIDUAL WHOSE NAME YOU CANNOT RECALL AS TO (26) WHAT THE NATURE OF THE PROBLEM WAS AS DIAGNOSED BY (27) THE PEOPLE AT STANTON AT THE TIME IT WAS Page 1651 '~ (D ONE ON THE COOPER MACHINE. (2) I DON'T KNOW WHETHER THEY ARE THE SAME (3) MANUFACTURER OR NOT, BUT THEY APPEAR TO BE THE SAME (4) TYPE OF FLOAT. OCCURRING (28) BETWEEN '68 AND 717 (5) Q THEY HAVE FLOATS BUT YOU ARE NOT SURE IF (6) THEY ARE MANUFACTURED BY THE SAME COMPANY, Page 1649 RIGHT? (D A NO, I DIDN'TTALKTO HIM ABOUT THAT. (7) A NO, I'M NOT SURE. (2) I MERELY TALKED TO HIM ABOUTTHE MACHINE (8) Q NOW, ARE THE SEAL OIL TRAPS IN STANTON (3) AND HOW IT WAS CONSTRUCTED. (9) VENTED TO WHAT, TEMPERATURE, REFERENCE GAS, (4) Q NOW, IN THE INGERSOLL RAND UNIT, DO YOU (to) ATMOSPHERE OR SOMETHING ELSE7 (5) KNOW HOW MANY STARTUPS AND SHUTDOWNS THAT (11) A REFERENCE GAS. THAT UNIT (6) HAD OVER A MONTH PERIOD, FOR EXAMPLE? (12) Q ALL RIGHT. AND WHAT IS THE CORONA UNIT (13) VENTED TO OR WHAT WAS IT VENTED TO IN THE '68-72 (7) A NO, I DO NOT. (14) TIMEFRAME? (8) Q DO YOU KNOW WHETHER THAT UNIT WAS TO BE (is) A IN THE REFERENCE GAS. (9) OPERATIONAL ON A 24-HOUR BASIS, CONTINUOUS (16) Q NOW, IS THE - WHAT IS THE CIRCULATION BASIS, AS . (io) OPPOSED TO BEING STARTED PERIODICALLY AS A (17) RATE, IN OTHER WORDS-WITHDRAW THAT. (is) FIRST OF ALL, HOW MANY GALLONS FLOW THROUGHPUT Hi) NEED INCREASED? (19) THROUGH THE SEAL SYSTEM ON A PERMANENT BASIS ON THE (12) A I DON'T KNOW, NO. I DON'T KNOW. (20) STANTON UNIT? (13) Q WHAT TYPE OF PRESSURE DIFFERENTIAL (21) A I THINK THEY SAY 10 GALLONS PER MINUTE. (14) REGULATOR WAS INSTALLED AT THE STANTON UNIT, (22) Q ALL RIGHT. SIR? (23) 10 GALLON ONLY. IS THAT WHAT THE (is) A I DON'T KNOWTHE EXACT TYPE. BUTITWAS (24) INDIVIDUAL TOLD YOU? (16) A PRESSURE REGULATOR ON THE DRAIN LINE FROM THE (25) A THAT IS WHAT IS ON THE DIAGRAM SOMEWHERE, OIL (26) 10 GALLONS PER MINUTE. (17) CHAMBER THAT MAINTAINED THE BACK PRESSURE OF 50 127) Q AND WHAT ABOUT THE CORONA UNIT? (18) POUNDS IN EXCESS OF THE SUCTION PRESSURE ON THE (28) A 13 GALLONS PER MINUTE, I THINK. ' (19) REFERENCE GAS PRESSURE. Page 1652 (20) Q ALL RIGHT. (1) Q WHAT IS THE CIRCULATION RATE FOR THE (20 TELL US, AGAIN, WHAT THE FUNCTION OF A (2) ENTIRE LUBRICATION SYSTEM ON THE STANTON UNIT? (22) PRESSURE REGULATOR IS. (3) A I THINK 380 GALLONS A MINUTE. (23) A TO MAINTAIN A CONSTANT - I'M SORRY, IT (4) Q ALL RIGHT. AND HOW ABOUT CORONA? (24) REGULATES THE FLOW, THE ESCAPE OF OIL FROM THE OIL (5) A I DON'T KNOW THE EXACT NUMBER BUT IT'S (25) CHAMBER AND MAINTAINS THE CONSTANT, SO THAT THE (6) PROBABLY IN THAT SAME ORDER. (26) PRESSURE IN THE REFERENCE GAS CHAMBER GOES UP (7) Q WELL, DO YOU KNOW WHETHER IT'S 380? AND (8) A NO, I DON'T. (27) DOWN, THE OIL PRESSURE WILL GO UP AND DOWN (9) I DON'T KNOW THE NUMBER. (28) CORRESPONDINGLY. (10) Q WHAT IS THE TEMPERATURE OF THE OIL AS IT Page 1650 (11) GOES TO THE BEARINGS IN THE STANTON UNIT? (1) Q AND DO YOU KNOW WHETHER THE SAME PRESSURE (12) A I'M SURE IT IS WHATEVER THE OIL SUPPLIER (2) DIFFERENTIAL REGULATOR WAS USED IN THE 03) RECOMMENDED. INGERSOLLRAND (14) I THINK IT'S ABOUT 130 DEGREES, 135 (3) UNIT AS WAS USED IN THE CORONA STATION? (is) DEGREES, BUT I'M NOT SURE. (4) A I'M QUITE SURE IT WAS NOT BECAUSE COOPER (16) Q WHAT IS IT IN CORONA AGAIN? (5) HAS - MANUFACTURERS THEIR OWN PRESSURE (17) A IT WOULD BE WHATEVER IS DIRECTED BY THE REGULATOR. (is) OIL MANUFACTURER. 16) I'M SURE INGERSOLL DOESN'T USE THAT ONE. (19) THEY VARY THAT WITH DIFFERENT LUBRICATING (7) Q ALL RIGHT. AND THE PRESSURE DIFFERENTIAL (20) OILS. (8) REGULATOR IS AN EXTREMELY IMPORTANT DEVICE IN (21) Q AND WHAT IS THE RESERVOIR TEMPERATURE IN TERMS (22) THE STANTON UNIT? (9) OF WHETHER OR NOT YOU ARE GOING TO GET OIL (23) A IT'S ABOUT 150 DEGREES. LEAKING ' (24) Q WHAT IS IT IN CORONA? (io) THROUGH THE LABYRINTH SEAL, ISN'T THAT CORRECT? (25) A I DON'T KNOW. (i i) A IT IS AN IMPORTANT DEVICE IN MAINTAINING (26) Q WHO IS THE MANUFACTURER OF THE MAIN LUBE (12) THE STEADY FLOW OF OILTHROUGH THE SEALS. (27) OIL PUMP AT THE STANTON UNIT AS INSTALLED (13) IT'S A VERY SIMPLE DEVICE, INCIDENTALLY. BETWEEN '68 (14) Q AND SOME SIMPLE DEVICES WORK BETTER THAN (28) AND 71? (is) OTHERS? Page 1653 lie) A SOME SIMPLE DEVICES WORK BETTER THAN (t) A I DON'T KNOWTHE MAIN OIL PUMP. (17) OTHERS. 12) THE SEAL OIL PUMP IS AMO, A-M-O. (is) Q ALL RIGHT. NOW, ON THE STANTON UNIT 13) MANUFACTURED BY- (is) THERE IS A SEAL OIL TRAP ON WHICH THE OIL DRAINS? (4) Q YOU DON'T KNOW WHO MANUFACTURED THE MAIN 120) A YES, TWO OF THEM. (5) LUBE OIL PUMP? (21) Q ALL RIGHT. (6) A NO, I DO NOT. (22) A HERE AND HERE. (7) Q AND THE FUNCTION OF THE MAIN LUBE OIL (23) Q IT HAS TWO, ONE FOR EITHER SIDE, RIGHT? (8) PUMP IS WHAT, SIR? (24) A ONE FOR EACH SEAL, YES. (9) A THAT IS TO SUPPLY THE OIL TO THE BEARINGS (25) Q AND ARE THOSE TRAPS THE SAME? (io) ON THE TURBINE AND THE BEARINGS ON THE (26) DO THEY HAVE FLOATS IN THEM? COMPRESSOR AT Transwestern v. Monsanto Page 1648 to Page 1653 HARTOLDMONOO11341 8SA Trial Transcript [December 3, 1993] XMAX(36) (11) STANTON. (23) WHATEVER YOU WANT. (12) AND SUPPLY THE SUCTION TO THIS SEAL OIL (24) SO IT WOULD MAINTAIN THE SAME PRESSURE ON (13) PUMP WHICH BOOSTS THE PRESSURE UP TO THE SEAL OIL (25) BOTH SIDES OF THAT DIAPHRAGM PLUS WHATEVER YOU (M) PRESSURE. PUT ON (is) Q AND IS-I TAKE IT YOU DON'T KNOW (26) THE SPRING. (is) WHETHER THE MANUFACTURER OF THE MAIN LUBE OIL (27) Q DOES IT MAKE A DIFFERENCE WHO PUMP AT (17) CORONA ON THE CORONA UNIT IS THE SAME AS THE (28) MANUFACTURERS IT FOR ITS FUNCTIONALITY? Page 1656 ONE AT (1) A I DON'T ThJINK SO. (is) STANTON? (19) A NO, I DO NOT KNOW. (2) THEY ALL WORK PRETTY WELL. (3) Q DOES THE FUNCTIONALITY OF A FLOAT IN A (20) THE HIGH PRESSURE POINT IS AN AMO PUMP, A (4) SEAL OIL DRAIN TRAP VARY DEPENDING ON WHO MAKES (21) SEAL OIL PUMP. IT? (22) Q IS THE UNIT AT STANTON DIRECT DRIVE ON (5) A NO. (23) THE COMPRESSOR TO THE TURBINE UNIT? (24) A OH, YES. (6) Q DID YOU HEAR THAT? (7) A NO. (25) Q IS IT THE SAME IN CORONA? (26) A OH, YES. (27) Q WHAT IS THE MAXIMUM RPM ON THE STANTON 128) UNIT? (8) THE COURT: YOUR ANSWER PLEASE? 19) THE WITNESS: NO, IT DOES NOT. (10) MR. TALLON: NOTHING FURTHER. (11) THE COURT: MR. PARKER, I HAVE TWO QUESTIONS. Page 1654 (12) THE WITNESS: YES, SIR. (1) A 5,000, I BELIEVE. 5,000 RPM'S, I (13) THE COURT: IN THE PROBLEMS THAT CAN OCCUR TO (2) BELIEVE. (3) Q WHAT IS IT ON CORONA? (14) THE SEAL SYSTEM, I WOULD THINK THAT THE DIFFERENTIAL (4) A 6,000. (is) IN THE OIL PRESSURE BETWEEN 37 POUND DIFFERENTIAL (5) MR. PREUSS: THAT IS ALL THE QUESTIONS I HAVE. (is) WOULD CAUSE A SIGNIFICANT DIFFERENCE IN THE KINDS (6) THE COURT: ANYTHING FURTHER, MR. TALLON? OF (7) MR. TALLON: JUST, I THINK, FOUR, YOUR HONOR. (17) PROBLEMS EXPERIENCED BY A SEAL SYSTEM. (8) (9) REDIRECT EXAMINATION (is) IS THAT A CORRECT CONCLUSION BY ME? (19) THE WITNESS: WELL, ACTUALLY 37 POUNDS, 13 (io) BY MR. TALLON: (20) POUNDS, 100 POUNDS, THEY ARE ALL RELATIVELY LOW (i i) Q WHAT WAS THE FUNCTION OF THE SHOULDER ON (21) PRESSURES COMPARES TO THE SEVEN OR 600 POUNDS OF (12) THE INGERSOLL RAND COMPRESSOR? GAS 03) A THE SHOULDER. (22) PRESSURE YOU ARE DEALING WITH. (14) IT ACTS AS A SLINGER TO KEEP THE OIL (23) THE COURT: ARE YOU SAYING THE SEAL SYSTEMS ARE (is) MIGRATING ALONG THE SHAFT TO FLING IT OUT. (16) Q HOW DOES IT DO THAT? (24) NOT LIKELY TO REACT DIFFERENTLY IN A 50-POUND (25) PRESSURE SYSTEM AS DISTINGUISHED FROM A (17) A BY THE VELOCITY. THREE-POUND da) AS THE OIL HITS THE SHAFT IT IS ROTATED (26) PRESSURE SYSTEM? (19) AT A VERY HIGH SPEED. IT THROWS IT OUT INTO THE (27) THE WITNESS: POSSIBLY A LITTLE DIFFERENTLY. (20) CHAMBER. (28) THE CLEARANCE BETWEEN THE SEAL RING AND (21) Q MR. PREUSS INDICATED HOW THE INGERSOLL (22) RAND COMPRESSOR HAS LABYRINTHS ON BOTH SIDES OF THE (23) COMPRESSOR CASE WHERE THE IMPELLERS ARE. (24) AYES. (25) Q HOW DO THEY COMPARE? (26) A WHAT DO YOU MEAN, HOW DO THEY COMPARE, (27) WITH EACH OTHER? (28) Q YES, Page 1657 0) THE SEAL RING IS SMALLER WHERE THEY HAVE THE HIGHER (2) PRESSURE DIFFERENTIAL. (3) THAT WOULD TEND TO MAKE THE FLOW SOMEWHAT (4) THE SAME. (5) THE COURT: MY QUESTION AND THE LAST QUESTION (6) TO BE ASKED OF YOU IS HOW COME YOU WORE A VERY SPORTY Page 1655 (7) COWBOY CUT COAT IN FRONT OF THE JURY BUT YOU WEAR (D A THEY WOULD BE IDENTICAL. (8) THIS PLAIN BROWN SUIT FOR ME? (2) Q IS ONE SIDE A MIRROR IMAGE OF THE OTHER (3) SIDE? (9) THE WITNESS: I'M SORRY. (10) THE COURT: NOTHING FURTHER, MR. TALLON. (4) A APPROXIMATELY, YES. (11) MAY HE NOW BE EXCUSED? (5) Q IF YOU CUT IT IN HALF AND ONLY SAW ONE (12) MR. TALLON: YES. ' (6) SIDE, HOW WOULD THAT COMPARE WITH THE CORONA (7) COMPRESSOR? (13) MR. PREUSS: NO. I WOULD LIKE A COUPLE MORE (14) QUESTIONS. IT WILL JUST BE A COUPLE. (8) A IT WOULD BE VERY SIMILAR. (9) Q IF YOU CUT THE OTHER SIDE, HOW WOULD THAT (10) COMPARE? (15) (16) RECROSS EXAMINATION (17) BY MR. PREUSS: (11) AVERY SIMILAR. (12) Q DOES THE MANUFACTURER - IS THERE A (13) DIFFERENCE IN HOW A PRESSURE REGULATOR OPERATES BASED (14) ON WHO MANUFACTURERS IT? (is) Q JUST SO I UNDERSTAND, MR. PARKER, YOU (19) HAVE NOT REVIEWED ANY OF THE OPERATIONAL RECORDS, THE (20) DAILY LOGS, THE MAINTENANCE LOGS, ANY REPAIR LOGS (15) A NOT A SIGNIFICANT DIFFERENCE. (16) Q WHY NOT? (2D FROM THE STANTON UNIT? (22) A NO. (17) A BECAUSE YOU HAVE A SIMPLE JOB TO DO. (18) YOU BRING THE PRESSURE THAT YOU WANT TO (23) MR. TALLON: STIPULATED. (24) Q BY MR. PREUSS: YOU HAVE NO UNDERSTANDING (19) CONTROL THROUGH A VALVE AND MODULATE THAT VALVE BY (25) OF THE NATURE OF THE PROBLEM AT THE STANTON UNIT THAT (20) THE OTHER PRESSURE. (21) YOU HAVE A SPRING THAT GIVES YOU THE 10 (26) INVOLVED THE USE OR THE TIME THAT TECHNOLOGY WAS (22) POUNDS DIFFERENTIAL. THAT IS ADJUSTABLE, 50 POUNDS, |27> BEING USED, RIGHT? (28) A I HAVE READ ONE OR TWO ITEMS OF Page 1653 to Page 1657 Transwestern v. Monsanto HARTOLDMONOO11342 Trial Transcript [December 3, 1993] XMAXI3 71 Page 1658 (13) PARKER, ROBERT 1620 1635 (D CORRESPONDENCE THAT INDICATED THERE WAS A (14) (402 HEARING.) FOAMING (15) (2) PROBLEM, BUT I KNOW NOTHING ABOUT IT BEYOND THAT. (16) EXHIBITS FOR IDENTIFICATION IN EVIDENCE (3) Q YOU ARE TALKING ABOUT A MONSANTO CALL (17) 31 -LETTER 1497 (4) REPORT GIVEN TO YOU BY COUNSEL? (18) 32-MEMO 1504 (5) A I BELIEVE THAT WAS THE SOURCE OF THE 09) 35 -LETTER 1507 (6) REPORT. ' (20) 36-MEMO 1511 (7) Q WHAT I'M INTERESTED IN, HAVE YOU SEEN (21) 37-MEMO 1521 (8) ANYTHING THAT CAME FROM THE STANTON UNIT, FROM (22) 43 -LETTER 1529 THE (23) 69-MEMO 1531 P) STANTON INGERSOLL RAND, COLUMBIA AREA (24) 39 -MEMO 1536 INVOLVING THE (25) 810-GRAPH 1544 (10) NATURE OF A PROBLEM AND ANY CONCLUSIONS FROM (26) 388-DIAGRAM 1624 ANY (27) 389 -DIAGRAM 1631 (11) INVESTIGATION AS TO WHETHER IT WAS RELATED IN (28) 390 -DIAGRAM 1646__________________________ ANYWAY (12) TO OIL OR NOT OR SOMETHING ELSE? (13) A NO, I HAVE NOT. (14) Q SIR, IN YOUR EYES IS A CHRYSLER THE SAME (is) AS A FORD? Page 0 (1) SUPERIOR COURT OF THE STATE OF CALIFORNIA (2) FOR THE COUNTY OF LOS ANGELES (3) DEPARTMENT NO. 31 HON. G. KEITH WISOT, JUDGE (4) (16) A VERY SIMILAR IN MANY WAYS. (5) TRANSWESTERN PIPELINE COMPANY,) (17) MR. PREUSS: THANK YOU, SIR. A DELAWARE CORPORATION,) (is) MR. TALLON: ARE THEY BOTH CARS? (t9) THE COURT: ON THAT PHILOSOPHICAL NOTE MAY HE (6) ) PLAINTIFF,) (20) BE EXCUSED? (21) MR. PREUSS: YES. (2) ) VS. ) NO. BC 026959 (22) THE COURT: THEN WE THANK YOU FOR YOUR (8) ) (23) ATTENDANCE AT THIS TRIAL AND YOU ARE EXCUSED FROM MONSANTO COMPANY AND DOES 1 ) (24) FURTHER ATTENDANCE. (9) THROUGH 200, INCLUSIVE,) (25) THE WITNESS: I WILL WEAR A BETTER SUIT NEXT (26) TIME. ) (io) DEFENDANTS. ) (27) THE COURT: ANYTHING FURTHER BEFORE WE GO OFF (28) THE RECORD? Page 1659 ) (it) (12) (1) MR. TALLON: NO. (13) REPORTER'S DAILY TRANSCRIPT OF PROCEEDINGS (2) THE COURT: MR. PREUSS? (14) DECEMBER 3, 1993 (3) MR. PREUSS: NO. (15) VOLUME 12 (4) THE COURT: THEN WE ARE OFF THE RECORD. 06) PAGES 1493 THROUGH 1659 (5) (17) (6) (AT 4:30 P.M., THE PROCEEDINGS WERE ADJOURNED (is) APPEARANCES: (7) UNTIL MONDAY, DECEMBER 6, 1993 AT 9:30 A.M. (is) FOR PLAINTIFF: SHEARMAN & STERLING (8) BY: JAMES P. TALLON, ESQ. (9) (20) & JANET M. GRADY, ESQ. (10) & JERRY MARKS, ESQ. (it) (21) 725 SOUTH FIGUEROA STREET (12) 21ST FLOOR (13) (22) LOS ANGELES, CA 90017 (14) (23) FOR DEFENDANT: PREUSS, WALKER & SHANAGHER 05) BY: CHARLES F. PREUSS, ESQ. (16) (24) & DONALD F. ZIMMER, ESQ. (17) &AUN LAZARUS, ESQ. (18) (25) 595 MARKET STREET (19) 16TH FLOOR (20) (26) SAN FRANCISCO, CA 94105 (21) (27) DAVID A. SALYER, CSR #4410 (22) OFFICIAL COURT REPORTER (23) (28) 111 NORTH HILL STREET (24) LOS ANGELES, CA 90012____________________________ (25) (26) (27) (28) Page 0 ID INDEX FOR VOLUME 12 PAGES 1493 THROUGH 1659 (2) (3) (4) DECEMBER 3, 1993 A.M. 1493 (5) P.M. 1551 (6) (7) (8) PLF'S WITNESSES DIRECT CROSS REDIRECT RECROSS 0) (to) WOOD, DAVID 1494 1537 1570/1585 1584 |ii) DEPOREAD 02) KELLY, EMMET 1587 Transwestern v. Monsanto Page 1658 to Page 0 HARTOLDMONOO11343 Basic Systems Applications Look-See Concordance Report Unique Words: 2,332 Total Occurrences: 9,745 Noise Words: 385 Total Words In File: 29,083 Single File Concordance Case Sensitive Phrase Word List(s): Noise Word List(s): NOISE.NOI Includes ONLY Text of: Questions Answers Colloquy Parentheticals Exhibits Dates OFF Ignores Pure Numbers Possessive Forms OFF Maximum Tracked Occurrence Threshold: 50 Number of Woros Surpassing Occurrence Threshold: 16 List of Threshold Words: CHLORINATED [so| COURT (72) JENSEN (76) LETTER (591 MONSANTO (126) OIL (79) PCB (52) POINT (60) PRESSURE (53) PRODUCT (52) RIGHT (172) SEAL (98) SWEDEN (6i) TALLON [78] UNIT (59) WORK (66) ____________ - $ $1,000 (11 1590:11 $2,000 (1) 1589:23 $200 (2) 1589:23; 1590:23 -1 - 10TH (i) 1521:27 12:00 [i| 1550:19 12TH (4) 1508:10, 24; 1509:5; 1577:5 1570/1585 (i) 1660:10 16TH (i) 1661:25 1:30 (4) 1550:15, 17, 20; 1551:2 2- - Trial Transcript [December 3, 1993] 21ST (21 1536:6; 1661:21 24-HOUR (i| 1649:9 26TH (i) 1560:9 28TH (11 1555:14 -3- 30TH (1) 1587:19 3RD (3) 1494:18; 1515:24; 1529:12 -4- 42-PERCENT (i) 1565:15 4:30 (i| 1659:6 4TH (2) 1531:26; 1532:6 -5- 50-POUND (1) 1656:24 5TH (i) 1575:2 -9- 9:30 (2) 1618:13; 1659:7 -A- A-M-O (i) 1653:2 A-S-K-E-R-A-L (i) 1563:8 A.M. (2) 1659:7; 1660:4 ABERRATION (i) 1522:6 ABLE (i3| 1518:25; 1519:8, 13; 1528:21; 1534:27; 1537:6; 1549:17, 18; 1562:26; 1567:25; 1580:23; 1582:6; 1583:27 ABSENCE (i) 1624:17 ABSORBED (2) 1561:17; 1597:24 ABUSED (i) 1515:9 ACCIDENTALLY (t) 1607:14 ACCOMPANYING (i) 1603:24 ACCOMPLISH (3) 1600:27; 1601:1; 1641:26 ACCORDING (i| 1502:8 ACCOUNTABLE (t| 1556:1 ACCUMULATED [4] 1497:28; 1539:27; 1555:1; 1579:7 ACCURACY [i] 1546:22 ACCURATELY (5) 1553:16, 19; 1577:6, 7, 9 ACTION (6) ' 1525:25; 1559:25; 1567:16; 1620:15; 1621:10; 1624:13 ACTIONS (i| 1503:23 ACTIVITY [2] 1535:13, 19 ACTS (i| 1654:14 ACTUAL (6| 1520:12; 1532:23; 1534:5; 1576:25; 1624:2; 1626:10 ACUTE (8) 1568:20; 1606:28; 1607:3, 4, 9, 13, 25; 1618:5 ACUTELY (2) 1559:22; 1560:6 ADD (i) 1523:5 ADDED (2) 1543:3; 1559:6 ADDITION (1) 1505:6 ADDITIONAL (2) 1605:22; 1619:6 ADDRESS (3) 1582:6; 1587:8, 11 ADDRESSED (8) 1497:11, 15; 1522:3; 1558:25; 1567:11, 12; 1569:25 ADDRESSING (2) 1575:25; 1606:19 ADEQUATE (i) 1540:7 ADHESIVES (2) 1566:14, 15 ADJOURNED (i) 1659:6 ADJUSTABLE (i) 1655:22 ADMITTED (i) 1568:12 ADVANCE (i) 1549:16 ADVANCED 12] 1580:24; 1596:19 ADVANTAGE (i) 1520:19 ADVERSE (i) 1585:16 ADVERTISED (i) 1597:13 AFFECT (i) 1635:11 AFFIXED (i) 1623:17 AFTER-TRADING (2) 1507:6, 12 AFTERNOON (5) 1549:7; 1550:15; 1586:24; 1618:7; 1619:5 AGED (i) 1575:13 AGENCIES (i) 1566:24 AGENCY (i) 1548:19 AGENT [3| 1495:25, 28; 1554:12 AGITATED (i) 1631:11 AGITATION (2) 1534:15; 1535:2 AGREED (1) 1536:17 AIM (2) 1514:12; 1559:2 AIR (4) 1500:15; 1522:16; 1523:2, 6 ALAN (i) 1661:24 ALCOHOL (i) 1545:23 ALERT (i) 1496:15 ALLEGATION (i) concordance oy LooK-Seei391 1501:2 ALLEGATIONS (2] 1518:20; 1560:4 ALLEGED (2] 1500:6; 1562:27 ALLIED (i) 1533:18 ALLOW (1) 1546:27 ALLOWED (i) 1550:9 ALLUDE (i) 1499:13 ALLUDED (i) 1557:16 ALLUDING (2) 1498:19; 1526:4 ALONE (i| 1563:2 ALONGSIDE [i] 1518:19 ALPHABET (i) 1503:20 ALTER (t) 1586:24 ALTERNATIVE (i) 1578:24 ALUMINUM (i) 1539:27 AMAZING (i) 1513:20 AMERICA (i) 1528:7 AMERICAN (2) 1494:22; 1502:9 AMO (2) 1653:2, 20 AMOUNT (9) 1523:3; 1579:7; 1580:24; 1590:6; 1594:24; 1595:15; 1613:8; 1634:7; 1645:18 AMOUNTS (i) 1585:17 ANALYST (i| 1510:3 ANALYTIC (i) 1580:24 ANALYTICAL (9| 1497:22; 1514:12; 1515:8; 1549:16; 1550:9; 1553:19; 1559:2; 1569:16; 1574:11 ANGELES (3) 1551:1; 1661:22, 28 ANIMAL (2) 1496:17; 1560:26 ANIMALS (3) 1497:28; 1555:2; 1598:12 ANSWER (13) 1572:9; 1573:8; 1577:19, 23; 1580:2; 1604:8; 1609:7; 1610:1, 24; 1612:28; 1617:22; 1645:12; 1656:8 ANSWERING (3) 1592:9; 1614:13; 1615:1 ANSWERS (i) 1596:1 ANTICIPATE (4) 1590:15, 22; 1619:8, 21 ANYBODY (2) 1614:27; 1618:10 ANYMORE (2) 1545:24; 1640:16 ANYWAY (i) 1588:17 ANYWHERE (1) 1562:24 APOLOGIES (i) 1493:20 APPARENTLY [4] 1513:22; 1564:25; 1585:18; Transwestern v. Monsanto Word Index From $1,000 to APPARENTLY HARTOLDMONOO11344 _____Baste Systems Applications APPEAR (5| 1500:25; 1568:24; 1634:12; 1650:28; 1651:3 APPEARANCE [i] 1590:13 APPEARANCES (3) 1493:5; 1551:5; 1661:18 APPEARED (4| 1535:8; 1549:24; 1590:27; 1602:2 APPEARING (2] 1502:14; 1602:26 APPEARS [Sl 1505:11; 1511:17; 1514:3; 1628:25, 26 APPELLATE [t] 1627:27 APPLICATION (4) 1548:4; 1557:22; 1559:15; 1570:26 APPLICATIONS [3] 1541:18; 1566:4, 14 APPLIES (!) 1520:6 APPRECIATED (2) 1534:10, 14 APPROACH (2) 1580:1; 1626:18 APPROPRIATE [8] 1493:12, 17; 1506:21; 1525:25; 1546:11, 13; 1556:12; 1567:12 APPROPRIATELY (2| 1561:14; 1567:15 APPROVE [2] 1614:8, 10 APPROXIMATELY [i] 1655:4 APRIL [i] 1587:5 ARC ()] 1539:21 AREA [23] 1501:17; 1517:17; 1535:18; 1540:18, 19; 1542:18; 1566:14; 1569:21; 1579:6; 1581:16; 1582:4, 5; 1590:28; 1591:2; 1626:17, 26; 1627:22; 1628:7; 1633:27, 28; 1658:9 AREAS [4] 1517:5, 14, 17 AREN'T [t] 1580:15 ARGUMENT [i] 1533:12 AROCLOR [36] 1503:6, 12, 15; 1504:2; 1506:19, 28; 1507:21; 1512:11; 1513:7; 1522:16; 1525:21, 27; 1527:11, 16, 25; 1528:11; 1557:7; 1562:11; 1565:4, 23, 24, 26; 1566:3, 5; 1571:16; 1572:3, 13, 15, 26; 1573:9; 1574:5; 1608:19; 1616:28; 1617:4, 11 AROCLORS [4] 1552:9; 1565:5; 1566:1; 1571:12 ARRANGE [t] 1506:20 ARRIVAL [i] 1606:15 ARRIVED [i| 1555:14 ARROW ]i) 1628:27 ARTICLE [9] 1500:3, 9, 20; 1501:3, 13; 1502:4, 21; 1523:26; 1535:8 ASCERTAINING [2] Trial Transcript [December 3, 1993] 1591:25; 1595:4 ASKERAL (31 1563:5, 8, 9 ASKERALS [2] 1563:15, 17 ASKING (4) 1519:9; 1582:1; 1589:4, 8 ASKS [t] 1578:2 ASPECT [2] 1559:5; 1637:4 ASPECTS [i] 1594:13 ASPIRIN (2) 1540:23, 27 ASSEMBLY (4) 1621:23, 27; 1628:13; 1630:11 ASSESSING [i] 1537:3 ASSIGN [i] 1544:9 ASSIGNED [i] 1582:4 ASSIST [2] 1604:14; 1621:20 ASSISTANT (i| 1501:7 ASSISTED [i] 1576:23 ASSOCIATED (2) 1556:6; 1568:14 ASSOCIATION [i] 1535:21 ASSUME (2) 1587:23; 1613:17 ASSUMED [2] 1540:16; 1614:19 ASSURED [i] 1509:21 ATMOSPHERE (i) 1651:10 ATOMS (2) 1572:26, 27 ATTACHED [9] 1545:2; 1547:10, 12, 25; 1556:10; 1564:4; 1565:11; 1578:7; 1624:3 ATTACHING [i] 1506:11 ATTACHMENT [i] 1520:1 ATTENDANCE [4] 1586:17, 18; 1658:23, 24 ATTENTION (3] 1497:14; 1523:7; 1563:5 ATTORNEY [2] 1638:22, 23 AUTHORED [2] 1564:6; 1580:27 AUTOMATICALLY [1] 1556:22 AVAILABILITY m 1553:25 AVAILABLE [9] 1518:26; 1519:8, 10, 13; 1547:12, 27; 1562:5, 23; 1624:23 AVERAGE [4] 1565:13; 1572:18; 1609:1, 5 AVIATION [t] 1538:25 AVOID [i] 1613:13 AWARE (2i) 1495:24; 1496:1; 1497:3; 1525:4; 1529:11, 24; 1530:6, 7; 1535:22; 1554:19; 1556:4; 1563:18, 27; 1569:22; 1580:15, 19; 1604:23; 1606:1, 18; 1608:10; 1636:24 -B- B-l (i) 1513:10 BABY [i| 1500:16 BACKGROUND [i] 1528:20 BALANCE [i] 1539:15 BALL [i] 1611:26 BALLPARK (i) 1640:20 BARREL [3] 1621:23, 27; 1630:11 BASE (i| 1534:24 BASED [to] 1495:21; 1512:22; 1516:23; 1517:18; 1574:26; 1625:22; 1629:4; 1634:15; 1640:10; 1655:13 BASELINE [i| 1567:15 BASICALLY [3] 1514:5; 1527:6; 1565:18 BASIS [4] 1599:16; 1649:9; 1651:19 BASKETS (i| 1571:19 BAYLEY (i| 1619:28 - BEAN-TYPE [i] 1635:4 BEARING (6) 1622:8; 1626:17; 1627:24; 1628:12; 1633:14; 1635:2 BEARINGS (41 1635:7; 1652:11; 1653:9, 10 BEASTS [i] 1519:10 BECKETT [4] 1638:17, 18, 19, 20 BECOMES [i] 1545:24 BEG [3] 1623:26; 1632:14; 1635:22 BEGINS (2) 1501:7; 1584:23 BEHIND [5] 1496:7; 1528:6; 1554:7; 1626:26; 1643:6 BELGIUM [3] 1495:23; 1497:12; 1511:14 BELIEVE [21] 1495:1; 1504:17; 1505:21; 1513:27; 1527:13; 1529:10; 1544:13, 24; 1549:3; 1552:13; 1555:23; 1558:25; 1565:28; 1572:25; 1573:15; 1606:12; 1626:8; 1638:5; 1654:1, 2; 1658:5 BELIEVED [2] 1512:26; 1517:16 BELIEVES [i] 1641:17 BENCHMARK [2] 1607:11, 19 BENEFIT [2] 1535:4; 1539:24 BENIGNUS [5] 1508:18, 21; 1511:26; 1514:11, 22 BENYL (i) 1545:8 - BENZENE [3] 1545:8; 1566:6; 1608:6 BENZENES (i) 1495:20 Concordance by Look-See(40) Bl [4] 1499:21; 1513:10; 1547:5, 8 BIGGER [2] 1528:12; 1642:7 BINDER [6] 1496:9; 1529:20; 1531:11, 17; 1536:10; 1568:5 BINDERS [2] 1496:8; 1554:7 BIODEGRADATION [i] 1561:5 BIODEGRADE [i] 1549:21 BIPHENOL (12) 1499:13, 15, 16; 1543:18; 1547:7, 24; 1548:10; 1575:19; 1576:6; 1578:12; 1585:17; 1586:2 BIPHENOLS [6] 1554:24, 28; 1555:6; 1557:14; 1573:26; 1574:10 BIPHENYL (37] 1499:27; 1507:8; 1513:12; 1525:2, 21, 27; 1526:2, 8,11; 1528:11; 1532:24; 1533:8, 13, 16; 1534:5; 1543:18; 1545:11; 1547:16, 19; 1559:19; 1568:14; 1574:18; 1575:28; 1576:7, 13, 19, 26, 27; 1577:2, 16; 1578:1, 9, 12; 1579:6; 1585:18; 1586:2; 1608:5 BIPHENYLS [25] 1497:27; 1499:28; 1503:6; 1519:2; 1525:3, 14; 1529:14, 28; 1533:22; 1534:19; 1545:16; 1546:5; 1554:24; 1555:6; 1559:13, 20; 1563:14, 28; 1568:19, 24; 1569:18; 1574:2, 14; 1575:23; 1576:24 BIRD (1) 1560:26 BIRDS [2] 1524:23; 1525:28 BIT [9] 1538:13; 1540:14; 1543:20; 1554:23; 1558:27; 1568:11; 1586:25; 1628:19; 1636:5 BLACK [i] 1627:17 BLANK (i) 1601:14 BLOCK [2] 1507:7, 12 BLOOD [i] 1576:1 BLOW (i) 1558:27 BLOWN (i| 1629:22 BLUE (4) 1496:8; 1531:19; 1554:7; 1622:26 BLURS [i] 1503:23 BOARD (i] 1504:3 BODY (4) 1515:11; 1560:28; 1561:7,8 BOOK (2) 1504:19; 1573:21 BOOKS [2] 1531:20; 1584:15 BOOSTED (i| 1642:1 BOOSTS [i] 1653:13 BOSS [i] 1532:11 BOUGHT [3] 1578:15, 23; 1637:24 APPEAR to BOUGHT Word Index Transwestern v. Monsanto HARTOLDMONOO11345 Basic Systems Applications BRAIN [i] " 1619:25 BRAKE (1] 1538:27 BRANCH [t] 1574:21 BRAZIL [3J 1542:27; 1543:1; 1615:8 BREAK (8| 1523:9; 1551:21; 1560:28; 1561:16; 1583:1, 3, 8; 1618:7 BREAKDOWN (21 1561:3, 5 BREAKING [3| 1543:15; 1561:9, 24 BRIEFLY (3) 1612:14; 1622:3; 1625:28 BRITAIN (2J 1507:6, 15 BRITISH-PRODUCED (2| 1507:13, 14 BROAD (i) 1538:22 BROADER (2) 1542:23; 1583:17 BROKE (ij 1581:8 BROKEN (i) 1500:21 BROTHERS (i| 1575:14 BROWN (1] 1657:8 BRUSSELS (ill 1495:21, 23; 1497:12; 1511:3, 14; 1522:6; 1531:26; 1537:1; 1538:15; 1546:19; 1567:9 BUCHANAN (23) 1504:11; 1505:3, 7; 1506:9; 1507:19; 1508:15; 1511:9, 24; 1513:16, 24; 1514:2, 11, 22; 1517:20, 22; 1518:10; 1519:6, 17; 1522:8; 1525:19; 1555:24, 27, 28 BULLETIN |ioi 1597:14, 20; 1601:25; 1602:3, 14, 15, 27; 1603:5, 12, 19 BULLETINS (s) 1540:5; 1592:7; 1613:6, 28; 1614:3 BUNCH [i| 1496:8 BURNING (1) 1583:6 BUSINESS (is) 1494:22; 1504:15; 1507:2; 1508:16; 1510:28; 1526:24; 1528:10, 11,12; 1530:23; 1532:16; 1543:2; 1556:2; 1570:6; 1578:18; 1593:7; 1597:18 BUSINESSMEN (i) 1599:5 BUSY (i) 1540:12 BUY (3) 1540:25; 1578:21; 1579:9 BUYER (2) 1527:24; 1563:19 -C- CA (3) 1661:22, 26, 28 CALCULATE (i) 1598:9 CALIFORNIA (2) 1551:1; 1580:20 CALL (si 1509:4; 1536:5; 1545:21; Trial Transcript [December 3, 1993] 1594:3, 19; 1615:18; 1620:7; 1658:3 CALLING (il 1499:2 CALLS (21 1493:22; 1498:27 CAMBRIDGE [3| 1495:3, 4; 1537:26 CAMPAIGNS (i) 1540:4 CAMPUS (i) 1599:18 CANS (i) 1541:27 CAPABILITY [31 1553:12; 1560:28; 1561:7 CAPABLE [21 1561:8, 23 CAPACITOR (51 1539:12; 1542:4, 8; 1557:27; 1611:18 CAPACITORS (31 1539:16; 1559:14 CAPACITY [ti 1539:13 CAR (i) 1543:15 CARBON (19) 1505:13; 1526:20; 1527:1, 5, 12, 16; 1528:2, 13; 1545:1, 5; 1561:2; 1571:13, 17, 18, 24; 1572:1, 4, 10; 1582:12 CARBONLESS (la) 1526:20, 28; 1527:1, 5, 12, 16; 1528:2, 5, 13; 1571:13, 16, 18; 1572:1, 4, 10; 1573:3, 10; 1582:12 CARBONS (2) 1527:8; 1545:2 CARD (2) 1527:7; 1571:25 CARE (31 ' 1514:24; 1515:10; 1518:6 CAREER (21 1542:23; 1587:20 CAREFUL (i) 1504:4 CARRIED (6] 1514:6; 1552:3; 1597:12; 1606:6, 13; 1611:3 CARRY (il 1578:26 CARS (3) 1543:11; 1609:25; 1658:18 CASE (12) 1493:16; 1543:24; 1548:25; 1556:24; 1560:7; 1570:16, 27; 1618:10, 11; 1630:6; 1634:8; 1654:23 CASES (3J 1571:27; 1589:12; 1593:12 CASING (il 1648:12 CATEGORY (ij 1602:18 CAVITY (6] 1623:16; 1626:27; 1634:18, 23; 1642:22; 1648:6 CEILING (1] 1621:28 CENTER [61 1526:6; 1547:16; 1627:17; 1628:10; 1632:1, 2 CENTRAL (2) 1551:27; 1588:18 CENTRIFUGAL (5] 1620:26; 1621:5, 18, 24; 1623:4 CHALLENGE (4| 1533:23, 24, 25, 26 CHAMBER [34] 1623:1, 2, 7, 10, 13, 17; 1627:4, 25; 1628:13, 15,16, 17; 1629:10, 11; 1631:6, 7, 9, 13; 1633:4, 10, 13; 1634:6, 8, 17, 23, 25; 1646:25; 1647:9, 10; 1649:17, 25, 26; 1654:20 CHANCE (2) 1575:23; 1595:22 CHANGE [i] 1605:25 CHANGED (7) 1511:19; 1530:20, 22; 1605:21; 1619:17; 1632:13, 16 CHANGES (il 1634:20 CHANGING (i) 1584:15 CHARACTERISTICS (3) 1597:17; 1601:2, 17 CHARLES (i) 1661:23 CHARTS (i] 1550:1 CHECK (ij 1556:20 CHEMICAL (17) 1507:13, 14, 15; 1509:17; 1512:9; 1513:5; 1524:5, 19, 23; 1540:21; 1542:24, 26; 1570:6; 1593:7; 1595:12; 1597:17; 1613:11 CHEMICALS (is) 1500:4; 1504:15; 1509:8, 11, 12; 1534:25; 1540:9, 18, 20; 1541:5, 8; 1548:6; 1592:11; 1609:17; 1610:6; 1613:15 CHEMIST (31 1514:13; 1543:22; 1559:2 CHEMISTRY (s) 1495:4, 7, 9; 1497:22; 1509:3 CHILD (1) 1542:4 CHLOPAN (i) 1563:20 CHLORINATION [7] 1547:27; 1562:5; 1565:2; 1572:19; 1585:9; 1609:1, 5 CHLORINATIONS [i] 1565:16 CHLORINE [9] 1526:7; 1565:11, 14, 18, 20; 1572:17, 24, 26, 27 CHLORINE-CONTAINING [i] 1525:13 CHLORINES [ii] 1525:16; 1545:26; 1547:9, 12, 25; 1562:2; 1564:24; 1565:4, 22; 1566:1; 1572:20 CHROMATOGRAPH (3) 1579:2; 1580:6; 1585:1 CHROMATOGRAPH-MASS (i) 1520:27 CHROMATOGRAPHIC (i) 1557:13 CHROMATOGRAPHS (i) 1578:25 CHROMATOGRAPHY (i| 1552:14 CHRYSLER (1] 1658:14 CIRCULATION (2) 1651:16; 1652:1 CIRCUMSTANCES [2] 1597:7; 1610:5 CITATION [ij 1515:28 CLAIMED (1] 1559:27 CLAIMS (2) 1509:21; 1520:22 ____________ Concordance by Lcok-See(4!) clarificationTh 1590:26 CLARIFIED (i| 1613:5 CLARIFY (4] 1512:16; 1531:2; 1546:28; 1613:1 CLARITY m 1627:26 CLEAN (i) 1610:17 CLEAN-UP (i) 1610:15 CLEAR (8) 1514:6; 1518:20, 28; 1527:22; 1544:6; 1551:27; 1553:11; 1574:7 CLEARANCE (S| 1644:12, 22; 1645:27; 1648:18; 1656:28 CLERK (21 1493:24; 1494:7 CLIENT (i) 1589:14 CLOSED (8) 1598:22; 1609:10, 15; 1610:20; 1611:12, 16, 19; 1612:5 CLOSER (i) 1628:6 COAT [i] 1657:7 COCA-COLA [i] 1553:3 CODE (2) 1494:3; 1551:14 COIL (i) 1541:25 COKE (il 1580:12 COLD [1] 1576:1 COLLEAGUES (5) 1515:16; 1548:26; 1553:10; 1555:17; 1578:20 COLLECTION (i) 1503:20 COLLECTS (i] 1623:9 COLLEGE (2) 1495:3; 1538:4 COLLEGIAL (1] 1510:17 COLUMBIA (13] 1618:26; 1625:17, 20, 23; 1626:4, 6, 7; 1632:7, 19, 23; 1638:12, 15; 1658:9 COMBINATION (i) 1578:24 COMBINED (3) 1520:26; 1566:5; 1580:5 COMBINING (i( 1552:19 COMBUST (2) 1563:11, 13 COMING (5) 1503:25; 1548:21; 1564:13; 1582:11, 16 COMMENCE [i] 1618:14 COMMENT [2] 1509:23; 1568:16 COMMENTARY (i) 1515:1 COMMENTS (2] 1506:22; 1559:6 COMMERCE (2] 1548:3; 1566:17 COMMERCIAL (2] 1520:19; 1598:19 COMMERCIALLY (i) Transwestern v. Monsanto Word Index From BRAIN to COMMERCIALLY HARTOLDMONOO11346 Base Systems Applications 1546:7 COMMITTED (i) 1552:6 COMMON pi 1499:10; 1503:21 COMMUNICATE (3| 1517:15, 17; 1529:8 COMMUNICATED (2| 1516:23, 28 COMMUNICATING (2) 1530:13; 1536:1 COMMUNICATION (t| 1566:27 COMMUNICATIONS (3) 1521:14; 1526:18; 1567:23 COMMUNITY (2| 1519:3; 1520:23 COMPANIES (2| 1563:23; 1589:7 COMPANY (2i] 1501:27; 1505:20; 1513:24, 28; 1550:6; 1552:18; 1555:7; 1563:21; 1564:10; 1579:27; 1587:16; 1588:1; 1592:13; 1600:17; 1625:16; 1626:7, 8; 1631:16; 1646:8, 20; 1651:6 COMPARE (5) 1633:24; 1654:25, 26; 1655:6, 10 COMPARED (i) 1557:7 COMPARES (i| 1656:21 COMPATIBLE (i] 1539:27 COMPENSATED (3) 1589:15; 1590:12, 22 COMPENSATION [2] 1589:18; 1590:16 COMPETENT [i] 1510:3 COMPETING (i) 1577:12 COMPETITION (2] 1563:24; 1594:12 COMPETITIVE (i) 1540:3 COMPETITORS (i) 1507:9 COMPLAINTS [2] 1615:27; 1617:21 COMPLETE [3| 1523:28; 1576:21; 1607:18 COMPLETED [9] 1601:8, 11, 28; 1602:5; 1604:16, 27; 1605:4, 15, 19 COMPLETION (i| 1602:24 COMPLEX [i] 1560:28 COMPLICITY [i] 1554:18 COMPONENT [2] 1533:14; 1556:3 COMPONENTS (i| 1561:1 COMPOUND [3] 1526:6; 1545:3; 1608:4 COMPOUNDS [2] 1543:21; 1607:21 COMPRESS (i) 1641:27 COMPRESSED (il 1621:10 COMPRESSOR [34] 1620:26; 1621:5, 7, 18, 24, 28; 1623:4; 1625:8; 1626:2, 16; 1629:6, 15; 1630:8, 26; 1631:2, 9, 22; 1632:9; 1633:1, 25; 1634:24; 1635:1, 6, 25; Trial Transcript [December 3, 1993] 1636:13, 17, 26; 1637:10; 1653:10, 23; 1654:12, 22, 23; 1655:7 COMPRESSORS [3] 1538:8; 1618:26; 1621:13 CONCENSUS [i] 1528:19 CONCENTRATION (i| 1572:19 CONCENTRATIONS [3] 1552:7, 22, 23 CONCEPT (il 1520:28 CONCEPTUALLY (il 1525:9 CONCERN (5] 1533:15; 1554:20; 1556:7; 1561:14; 1620:3 CONCERNED (6) 1514:26; 1568:19; 1574:17; 1593:19; 1594:14; 1618:17 CONCERNING [3] 1497:21; 1528:26; 1592:10 CONCERNS (i] 1568:22 CONCLUDES (i] 1502:22 CONCLUSION (2) 1537:3; 1656:18 CONCLUSIONS (3) 1549:27; 1568:13; 1658:10 CONCLUSIVELY (i) 1534:18 CONDUCT (11 1599:1 CONDUCTORS (i) 1542:3 CONFERENCE (2] 1520:20; 1554:17 CONFIDENTIAL (t] 1501:27 CONFIGURATION (2) 1576:19; 1620:25 CONFIRM m 1576:25 CONFIRMED m 1586:8 CONFLICT (i) 1553:22 CONFRERES (i) 1593:6 CONFRONTATIONAL [il 1533:12 CONFUSED (i) 1555:4 CONFUSING [3] 1499:24; 1580:9; 1584:19 CONFUSION (20) 1499:18, 20; 1512:7, 25; 1513:3; 1524:3, 18, 26; 1525:1; 1546:9; 1547:1, 3; 1554:23; 1555:9; 1576:5; 1577:14, 27; 1578:10; 1585:4; 1628:3 CONJECTURE (i] 1512:19 CONJECTURES (i| 1563:27 CONJUNCTION [i] 1499:24 CONNECTED (i) 1623:11 CONNECTION (5) 1496:13; 1518:3; 1557:18; 1618:25; 1620:14 CONSCIOUS (i) 1559:12 CONSEQUENCES (3] 1515:3; 1534:21; 1553:26 CONSEQUENTIAL (2) 1518:19; 1533:17 CONSIDER [7] 1496:23, 25; 1582:10, 15, 19, 21, 25 CONSIDERABLE (3| 1583:27; 1595:10; 1634:7 CONSIDERABLY (i) 1500:21 CONSIDERATION (21 1496:20; 1506:17 CONSIDERED (i) 1506:21 CONSISTENT (il 1576:17 CONSTANT (2] 1649:23, 25 CONSTANTLY (1] 1642:14 CONSTITUENTS (2) 1560:20; 1561:12 CONSTRUCTED [1] 1649:3 CONSTRUCTION [1] 1640:8 CONSULTANT (21 1506:4; 1507:25 CONSULTED (1) 1506:6 CONSUMED (i| 1539:10 CONTACT (io) 1510:5; 1526:26, 27; 1536:19; 1537:9; 1559:24,'' 1585:12; 1609:21; 1610:3, 6 CONTACTED (H 1530:27 CONTACTS (4) 1495:19; 1526:25; 1537:6; 1567:24 CONTAIN (3) 1565:24, 26; 1566:10 CONTAINED (21 1514:8; 1572:13 CONTAINER (il 1609:26 CONTAINS (il 1622:26 CONTAMINATION (4) 1529:14, 27; 1530:1; 1581:8 CONTENTIOUS m 1572:8 CONTENTS (i) 1530:9 CONTEXT (2) 1514:26; 1516:28 CONTEXTS [i| 1510:5 CONTINUED [3] 1529:8; 1551:19; 1585:3 CONTINUING (il 1530:8 CONTINUOUS (1] 1649:9 CONTRARY (11 1611:21 CONTRIBUTE (i| 1537:14 CONTRIBUTION (2] 1518:22; 1520:23 CONTROL (2) 1557:10; 1655:19 CONVERSATION [5] 1509:10, 17; 1536:16; 1537:1, 12 CONVERSATIONS (21 1558:11; 1625:22 COOLANT [il 1566:11 COOPER (41 1633:16; 1647:20; 1650:4; 1651:1 Concordance by Look-See(42) COOPER-BESSEMER (16] 1620:25; 1621:5, 13, 18, 24, 28; 1623:4; 1630:8; 1631:14; 1633:25; 1636:18, 21; 1637:4, 17, 23; 1648:2 COPIED [11 1536:24 COPIES [s] 1505:12, 13, 16; 1522:15; 1532:9; 1536:27; 1556:12; 1562:17 COPY [101 1506:11; 1511:8; 1521:20; 1528:5; 1529:16; 1531:25; 1532:17; 1556:10; 1573:3, 10 COPYEE (1) 1530:5 CORNER (i) 1505:11 CORONA (30| 1618:27; 1620:26; 1621:6, 19, 24; 1636:17; 1637:18; 1642:10, 17; 1643:4, 6, 16; 1644:4, 18; 1645:3, 6, 25; 1646:2; 1647:2; 1650:3; 1651:12, 27; 1652:4, 16, 24; 1653:17, 25; 1654:3; 1655:6 CORRECTING (il 1564:21 CORRECTLY (i) 1617:23 CORRESPONDED (i) 1530:14 CORRESPONDENCE (3) 1519:17; 1637:21; 1658:1 CORRESPONDING [1] 1526:14 CORRESPONDINGLY (1) 1649:28 COST-EFFECTIVE (1) 1542:12 COSTLY (i) 1529:6 COUNSEL (1) 1658:4 COUNSELING [1] 1515:7 COUNSELOR (i| 1521:6 COUNTRIES (2] 1534:16; 1535:2 COUNTRY (11 1524:24 COUPLE (7) 1527:6; 1566:19; 1596:1; 1607:6; 1608:2; 1657:13, 14 COURSE (1) 1510:28 COVER (7) 1505:2; 1589:25; 1590:1, 4; 1626:23; 1635:9 COVERED (i) 1591:12 COWBOY (i| 1657:7 CREATIVE (i) 1550:7 CREDIBILITY (21 1515:5; 1524:27 CREDIT (21 1527:6; 1571:25 CRITICAL (5] 1523:2; 1526:19; 1527:19, 21, 22 CROPS (i) 1603:9 CROSS (5) 1537:16, 18; 1551:19; 1635:19; 1660:8 CROSS-HATCH (1) COMMITTED to CROSS-HATCH Word Index Transwestern v. Monsanto HARTOLDMONOO11347 Baste Systems Applications 1626:21 CROSS-SECTION (5] 1623:25, 28: 1624:1; 1625:7; 1626:16 CSR |1) 1661:27 CURIOUS (i] 1567:21 CURRENCY [3| 1499:10; 1503:21; 1534:25 CURRENT (3] 1523:23; 1542:2, 10 CURRENTLY m 1523:23 CUSTOMARY m 1636:26 CUSTOMER (8) 1527:15, 20; 1595:23; 1598:19; 1609:28; 1612:2; 1615:6, 8 CUSTOMERS (3) 1526:18; 1528:25; 1540:6 CUT (4| 1543:16; 1655:5, 9; 1657:7 CUT-AWAY (i| 1621:23 D- D-A-V-l-D (ii 1494:10 D-I(i) 1513:10 DAILY (7) 1498:14, 15; 1502:25; 1514:27; 1518:18; 1546:19; 1657:20 DAMAGE (S) 1500:22; 1543:13; 1616:2; 1617:25, 26 DANGEROUS (2) 1560:20; 1561:12 DANISH (i) 1535:8 DARK (i) 1623:19 DATA (17] 1528:26; 1533:25; 1534:24; 1540:3; 1556:20; 1569:3; 1592:5, 6; 1612:24, 25, 27; 1613:2, 16, 19, 28; 1614:1; 1637:10 DATE (6) 1504:26; 1581:21; 1636:4; 1637:15; 1640:19 DATED (8) 1497:9; 1504:24; 1508:10; 1511:13; 1521:27; 1531:26; 1555:13; 1581:1 DATING (i( 1615:7 DAVID [9] 1493:6, 23; 1494:1, 10; 1497:15; 1551:6, 12; 1660:10; 1661:27 DAY (5) 1549:9; 1550:20; 1589:23; 1621:16; 1624:7 DAYS [2] 1504:28; 1615:25 DDT (31 1498:6; 1500:21; 1553:22 DEAL (2) 1527:10; 1630:5 DEALING [5] 1517:9; 1534:18; 1540:22; 1559:12; 1656:22 DEAR (i) 1497:15 DEBATE [i] 1534:20 DECEMBER (io) Trial Transcript [December 3, 1993] 1504:24; 1507:20; 1548:25; 1551:1; 1555:15; 1558:9, 10; 1573:18; 1659:7; 1660:4 DECIDE (1) 1525:24 DECIDING (i) 1546:10 decision nr 1566:21 DECOMPOSED (i) 1563:12 DEEPLY (i] 1517:16 DEFENDANT [i] 1661:23 DEFINE (2| 1607:20; 1622:28 DEFINING (i| 1518:12 DEFINITELY (2] 1522:27; 1555:8 DEGRADE (1] 1561:1 DEGREE (2) 1495:2, 6 DEGREES (3) 1652:14, 15, 23 DELIVERY (2) 1540:11; 1609:27 DEMONSTRATED (1) 1583:25 DENSE (ii 1547:19 DEPARTMENT (17] 1505:22; 1532:18; 1542:20, 25; 1551:3; 1556:23; 1564:9, 15; 1566:24; 1567:1; 1588:18, 19; 1599:19; 1601:10; 1604:14; 1614:6; 1615:1 DEPARTMENTAL (i) 1510:14 DEPARTMENTS (4] 1506:22; 1556:13, 15; 1567:13 DEPEND (i] 1566:25 DEPENDING (2) 1594:26; 1656:4 DEPENDS (i) 1593:21 DEPICT (11 1627:23 DEPICTED (3) 1623:18; 1628:11; 1630:10 DEPICTS (2) 1621:22; 1626:13 DEPOfi] 1660:11 DEPOSITION (91 1515:23; 1530:19; 1586:20; 1587:4; 1589:1, 13, 27; 1590:8, 19 DESCRIBE (14] 1503:13, 16; 1514:5; 1591:14; 1600:4; 1608:22; 1610:27; 1612:14; 1614:22; 1615:12; 1625:28; 1628:21; 1629:13; 1632:27 DESCRIBED (19J 1519:1; 1520:11; 1527:19; 1538:22; 1547:28; 1550:4; 1557:25; 1559:15; 1562:1; 1572:18; 1577:6, 7, 9; 1583:20; 1585:28; 1600:7; 1602:19; 1621:16; 1633:19 DESCRIBES |i] 1514:6 DESCRIBING (11 15965 DESCRIPTION [2] 1541:16; 1638:7 DESIGN (5) 1567:16; 1636:21; 1643:24; 1647:24; 1650:28 DESIGNATE (i) 1563:10 DESIGNATED (13 1565:6 DESIGNATION (i) 1565:7 DESIGNED (2] 1607:9; 1627:5 DESIGNING (i] 1539:26 DESIGNS (31 1539:27; 1582:6; 1636:28 DESIRE (11 1553:24 DESTROY (i] 1515:19 DESTROYED (3] 1515:17, 21; 1516:25 DETAIL [21 1502:5; 1629:23 DETAILS (21 1562:17, 18 DETECTED (i) 1524:7 DETECTING (4) 1512:27; 1515:2; 1560:1; 1569:17 DETECTION m 1669-99 DETERMINE (3] 1530:1; 1552:21; 1598:14 DETERMINED (1] 1583:24 DETERMINING [2| 1552:6; 1569:17 DETRACTED (11 1515:5 DEVELOPED [21 1507:21; 1605:11 DEVELOPMENT (is) 1506:18, 28; 1528:5; 1535:20; 1597:14; 1599:20; 1600:17; 1602:2, 13, 27; 1603:5, 12, 19; 1604:3, 16 DEVICE (4) 1542:8; 1650:8, 11, 13 DEVICES (4) 1539:12, 23; 1650:14, 16 DIAGNOSED (i) 1648:26 DIAGRAM (211 1543:26; 1544:6; 1562:4; 1622:21, 22, 25; 1623:18, 24, 27; 1627:10; 1628:1, 24; 1629:17; 1630:15; 1631:16, 21; 1632:26; 1633:18; 1634:10, 16; 1651:25 DIAGRAMS [i] 1638:2 DIALOGUE [i] 1530:8 DIAMETER [i] 1648:17 DIAPHRAGM [2] 1628:18; 1655:25 DIELECTRIC (201 1495:12, 15, 17; 1503:17; 1507:2; 1508:22; 1528:10, 12; 1530:17, 22; 1538:18, 23; 1539:6; 1541:15, 19; 1542:15; 1556:3; 1559:13; 1570:19, 21 DIELECTRICS (5] 1535:21; 1539:5; 1542:18; 1563:15, 23 DIFFERENCE (13] 1600:12; 1643:13, 25, 26; 1644:20; 1645:9; 1646:4, 6; Concordance by LoOK-Seei43) 1648:21; 1655:13, 15, 27 1656:16 DIFFERENTIAL (is) 1644:25, 27; 1645:2, 5, 22; 1647:5; 1649:13; 1650:2, 7; 1655:22; 1656:14, 15; 1657:2 DIFFERENTIALS [1] 1645:9 DIFFERENTLY (2) 1656:24, 27 DIFFICULT [3] 1556:9; 1557:1; 1561:16 DIFFICULTY (2) 1553:1; 1635:26 DILUTED (i] 1545-19 DIMENSION (2) 1628:27; 1644:15 DIOXIDE (i) 1561:2 DIPHENYL (7] 1503:17; 1512:10; 1513:7; 1545:14; 1547:5, 8; 1560:17 DIPHENYLS (6] 1495:19, 20; 1514:7; 1545:15; 1554:24; 1563:3 DIRECT (7] 1494:14; 1537:8; 1581:3; 1620:22; 1624:8; 1653:22; 1660:8 DIRECTED [i| 1652:17 DIRECTION (5) 1622:16; 1624:16; 1627:13; 1631:3; 1634:1 DIRECTIONS m 1633:21 DIRECTOR 120] 1494:22, 24; 1504:14; 1505:19; 1508:15; 1532:15; 1587:15, 24; 1588:9, 20; 1591:6, 16; 1592:17; 1594:4; 1606:17; 1607:24; 1608:12; 1610:22; 1612:11; 1614:20 DIS (i) 1584:24 DISCHARGE [5| 1542:2; 1629:11; 1642:15; 1643:7, 8 DISCHARGED (11 1592:22 DISCONNECT (1) 1574:15 DISCUSSED (9) 1509:20, 25; 1530:19; 1543:17; 1547:4; 1558:3, 19; 1563:19; 1568:6 DISCUSSES [ij 1561:11 DISCUSSING (2] 1535:9; 1584:28 DISCUSSION |5] 1518:28; 1533:14; 1544:17; 1617:6; 1648:24 DISCUSSIONS (21 1548:18; 1568:12 DISPOSAL [i| 1507:21 DISSIPATE (1] 1541:25 DISTINCTION (2] 1543:20; 1600:22 DISTINGUISHED (i) 1656:25 DISTORTED (i] 1546:27 DISTRIBUTED (2) 1539:9; 1600:9 DISTRIBUTION (51 1536:27; 1539:7, 13, 24; Transwestern v. Monsanto Word Index From CROSS-SECTION to DISTRIBUTION HARTOLDMONOO11348 Basic Systems Applications 1542:13 DIVORCED (ii 1581:17 DOCTOR |8] 1509:2, 3; 1587:14; 1590:26; 1591:5; 1595:1; 1607:8 DOCUMENT (9j 1496:11, 12; 1505:12; 1519:26; 1520:3; 1536:14; 1577:22; 1578:4; 1631:15 DOCUMENTS (3] 1526:16; 1529:19; 1638:4 DOESN'T (5) 1577:17; 1578:1; 1641:18; 1647:11; 1650:6 DON (i) 1639:17 DONALD (i) 1661:24 DOOR (i| 1529:2 DOSE pi 1598:9, 11 DOTS (i) 1622:27 DOUBT (8| 1503:5;1512:8; 1513:4; 1517:26; 1525:20; 1526:3, 5, 10 DOUG (3) 1509:2; 1556:26; 1567:24 DR (48] 1505:7, 18; 1508:25, 27; 1512:1; 1514:11; 1521:12, 15, 21; 1522:12, 15; 1526:13, 16; 1527:14; 1528:15, 18; 1530:13; 1532:10, 13, 15, 18; 1536:2, 6, 17, 28; 1556:26; 1566:20; 1567:6, 19, 22; 1568:1, 8; 1569:25; 1570:2; 1592:15; 1603:22; 1604:11; 1605:13, 18; 1609:9; 1612:23; 1614:11; 1615:19, 28; 1616:4; 1617:7, 18 DRAIN (ill 1623:11, 16; 1629:14; 1634:18, 22, 23, 26; 1642:22; 1648:6; 1649:16; 1656:4 DRAINED [1] 1623:10 DRAINS (21 1623:10; 1650:19 DRANK (i) 1610:12 DRAW (21 1543:26; 1549:26 DRAWING (61 1547:6; 1625:5; 1629:20, 21; 1632:1, 2 DRAWINGS (i) 1638:27 DRAWN (2) 1517:5; 1563:4 DRESSER (1) 1636:16 DREW |i) 1565:9 DRINKER (2] 1608:1, 17 DRIVE [i] 1653:22 DROP (2] 1553:3; 1580:12 DRUMS [21 1538:28; 1609:25 DRYING (i| 1611:8 DUE (1) 1585:17 DUPONT (3) 1593:24; 1594:4, 17 DUTY (21 Trial Transcript [December 3, 1993] 1607:9; 1591:19 E-M-M-E-T m 1587:9 EAGLE (i) 1580:7 EAGLES (31 1500:9; 1532:24; 1534:6 EARLY (6) 1535:12, 27; 1537:27; 1573:18; 1599:14; 1600:2 EARNED (i) 1590:7 EASIER (2) 1508:1; 1531:7 EASILY (3) 1560:19, 22; 1566:25 EASTERN (21 1637:22, 24 EASY (t) 1582:20 EDGES (ii 1634:12 EDITORIAL (11 1614:9 EFFECT (2) 1559:10; 1635:14 EFFECTIVELY (ij 1542:6 EFFECTS (3) 1585:17; 1592:11; 1613:14 EIGHT [14] 1525:13, 16; 1547:14, 27; 1562:1, 4; 1564:24; 1565:4, 22, 25, 27; 1566:1; 1572:23; 1646:1 EIGHTS (n 1566:10 EJECTED [i] 1543:14 ELABORATE (i) 1567:20 ELECTRICAL (6) 1539:8, 13, 21; 1542:2, 13; 1563:9 ELECTRICITY (2) 1542:9; 1563:12 ELEVATED (4) 1595:18, 21, 25, 27 ELICITED (ii 1580:2 ELIMINATE (2) 1512:6; 1513:3 ELIMINATED (2] 1512:25; 1546:16 ELMER (i) 1532:17 ELMO (i( 1628:8 ELUCIDATE m 1534:23 EMINENT (1] 1564:14 EMMET (6) 1505:7; 1508:25; 1521:24; 1587:4, 9; 1660:12 EMPHASIZE (2) 1512:8; 1513:4 EMPHASIZED (i) 1517:8 EMPLOYED (4( 1494:21; 1537:24; 1588:26; 1625:15 EMPLOYEE (2) 1573:12; 1604:17 EMPLOYEES p] 1508:8; 1617:16, 20 EMPLOYMENT (i] 1540:15 ENABLES (i| 1542:11 ENCOURAGED (i| 1517:4 END (6| 1548:17; 1565:2, 23; 1588:6; 1619:22; 1622:20 ENDS (i) 1635:5 ENGINEER pi 1612:18; 1640:1, 3 ENGLAND (2) 1495:5, 22 ENGLISH (ii 1500:18 ENHANCED (i) 1543:3 ENORMOUS pi 1560:6; 1579:7; 1580:24 ENTAIL (ij 1539:4 ENTERED (i) 1645:18 ENTERS (4) 1629:25; 1633:19, 27 ENTITLED (i) 1631:15 ENVIRONMENT (36] 1496:19; 1514:18; 1515:2, 4; 1519:5; 1524:6, 14; 1525:10; 1534:1, 26; 1546:5, 14; 1549:15, 19, 20; 1552:2, 4, 5, 8; 1553:27; 1561:4; 1564:2; 1568:21, 24; 1569:18; 1577:13; 1582:7, 20; 1583:9, 18, 24; 1584:2, 6; 1585:6, 10; 1609:22 ENVIRONMENTAL [io| 1546:11, 12; 1552:26; 1556:6, 21; 1557:25; 1559:27; 1581:7, 12, 19 EQUAL |2] 1503:6; 1574:5 EQUALIZED (2| 1623:12 EQUALLY pi 1498:6; 1523:6; 1563:17 EQUIP (2| 1562:26; 1578:26 EQUIPMENT (27] 1520:21, 22; 1521:5; 1524:8; 1539:26; 1540:1; 1550:2, 5; 1551:22; 1552:11, 16; 1553:8, 23, 25; 1560:1; 1564:11; 1566:9; 1577:11; 1578:19, 22, 24; 1579:10, 28; 1580:5; 1584:4; 1623:18; 1637:7 ERRORS (i| 1546:16 ESCAPE (i] 1649:24 ESCAPING (2) 1629:28; 1647:6 ESQ (6) 1661:19, 20, 23, 24 ESSENTIALLY [io( 1506:6; 1510:16; 1542:9; 1550:10; 1552:17; 1555:14; 1560:27; 1561:22; 1565:16, 20 ESTABLISH (S( 1534:24; 1567:15; 1589:17; 1612:11; 1638:5 ESTABLISHED [S| 1502:5; 1580:1; 1584:5, 23; 1600:1 ESTABLISHING [i| 1519:4 ESTIMATE (2] 1590:6; 1601:3 ESTIMATED (ij 1601:21 Concordance by Look-See(44) EUROPE [34] 1495:13; 1497:11; 1503:18; 1506:7, 8; 1515:16; 1523:7; 1528:2, 6, 13; 1535:7, 14; 1536:27; 1538:16, 19; 1539:5, 23; 1541:1; 1542:22; 1553:12; 1554:15; 1556:5; 1563:6; 1566:2, 12, 25; 1569:15; 1571:2, 7; 1572:2, 11; 1582:13, 17 EUROPEAN (7) 1495:19; 1522:5; 1526:27; 1527:1; 1539:24; 1545:13; 1574:20 EVALUATION (21 1604:15; 1607:18 EVALUATIONS (1; 1540:3 EVENT m 1555:16 EVENTS (5) 1548:26; 1553:11; 1555:17; 1558:13, 18 EVENTUALLY m 1521:12 EVERYBODY (i) 1558:16 EVICTED (i) 1543:14 EVIDENCE [8] 1494:3; 1496:16, 20; 1534:28; 1551:14; 1618:25; 1619:9 EXACT (7] 1583:21; 1636:4; 1637:15; 1640:19; 1645:19; 1649:15; 1652:5 EXACTLY (71 1519:4; 1542:7, 10; 1562:25; 1583:13; 1636:9; 1638:21 EXAGGERATING [i] 1553:26 EXAMINATION [10] 1494:14; 1537:18; 1551:19; 1570:14; 1584:12; 1585:22; 1620:22; 1635:19; 1654:9; 1657:16 EXAMINE (i( 1514:17 EXAMINED (i( 1575:10 EXAMPLE (i) 1649:6 EXAMPLES (i) 1538:24 EXCEPT (i| 1545:20 EXCESS (1) 1649:18 EXCUSE (8) 1514:14; 1529:15; 1572:27; 1573:20; 1617:14; 1624:7; 1644:8; 1646:15 EXCUSED (61 1586:11, 18; 1618:23; 1657:11; 1658:20, 23 EXHIBIT (471 1496:10, 14; 1497:6; 1504:21; 1508:2, 6; 1511:7, 8; 1514:19; 1519:27; 1520:2; 1521:16; 1526:14, 22; 1529:18; 1531:18, 24; 1544:10; 1554:4; 1555:20; 1558:1; 1560:12; 1567:27; 1568:3; 1573:21; 1578:5; 1581:3, 5; 1584:14, 25; 1621:2, 19, 22; 1622:4; 1625:4; 1627:18; 1628:10, 14; 1629:5; 1630:10, 16, 19; 1631:18; 1632:26; 1643:12; 1646:9 EXHIBITS (43 1554:3; 1566:19; 1624:19; DIVORCED to EXHIBITS Word Index Transwestern v. Monsanto HARTOLDMONOO11349 Baste Systems Appucattons 1638:3 EXISTED (21 1547:1; 1608:10 EXISTENCE [2| 1606:2; 1607:23 EXISTING (i| 1550:8 EXITS (I] 1634:17 EXPAND (i] 1544:19 EXPECT [2] 1544:12; 1604:8 EXPENSIVE (i) 159 Q-l EXPERIENCE (I) 1538:7 EXPERIENCED |i) 1656:17 EXPERIMENTS [t) 1582:6 EXPERT [6) 1589:2, 13; 1590:8, 23, 27; 1619:15 EXPERTISE [31 1517:6, 14; 1591:1 EXPLAIN (3) 1585:7; 1592:21; 1595:1 EXPLAINED [3] 1541:14; 1554:22; 1603:28 EXPLANATION m 1599:4 EXPLORE (t) 1559:28 EXPOSED [2] 1559:18; 1560:5 EXPOSURE (21 1598:19, 23 EXPOSURES (i) 1618:5 EXTENSION m 1533:16 EXTENSIVE (21 1522:14; 1529:2 EXTENSIVELY [i] 1580:3 EXTENT (4i 1518:12; 1537:13; 1594:26; 1608:28 EXTERNAL (i) 1623:13 EXTREMELY (3) 1559:21, 27; 1650:8 EYE (ii 1597:23 EYES (i) 1658:14 - F- FACT (30] 1497:18; 1503:26; 1505:10; 1506:27; 1510:22; 1511:6; 1513:16; 1517:12; 1523:25; 1524:21; 1526:4; 1527:24; 1532:23; 1533:8, 19; 1534:5; 1535:1; 1536:19; 1537:10; 1554:20; 1571:2; 1575:21; 1576:25; 1578:28; 1580:1; 1581:18; 1583:12; 1584:23; 1624:2; 1640:10 FACTORS (i) 1598:13 FACTS (ii 1614:10 FACTUAL |2| 1517:18; 1534:24 FAILURES (i) 1548:21 FAIRLY (4) Trial Transcript [December 3, 1993] 1525:5; 1560:19, 22; 1580:2 FAMILIAR (8} 1497:17; 1541:26; 1548:3; 1581:23, 25; 1615:6, 10; 1640:7 FAMILIARITY (i) 1640:10 FAMILY (3] 1575:10; 1585:12, 16 FATE (1] 1549:14 FEATURE [2] 1636:21; 1647:24 FEBRUARY (17] 1521:27; 1522:7, IS; 1527:17; 1528:16; 1531:26; 1532:6; 1536:6, 17; 1566:20; 1568:7; 1569:11; 1577:5; 1581:1, 6, 11, 28 FEEL (ii 1528:24 FEELINGS [i] 1524:1 FELLOW (i] 1510:11 FELT (5) 1524:18; 1553:18; 1567:13; 1568:25 FIGUEROA (ii 1661:21 FIGURE [21 1589:25; 1640:20 FILE (4] 1515:21; 1516:19; 1571:26; 1619:25 FILES (3) 1571:21, 22, 23 FILL (21 1601:15; 1604:6 FILLED |3] 1602:16; 1611:16, 18 FILLING (i) 1610:12 FILTERING (i] 1611:6 FINAL (31 1562:28; 1564:7; 1574:12 FIND is] 1524:16; 1533:28; 1534:1; 1546:4; 1593:5; 1616:6 FINDING (ill 1513:10; 1524:11, 17; 1526:2, 11; 1533:13; 1561:26; 1576:12, 16, 23; 1585:8 FINDINGS (41 1498:16; 1507:27; 1509:21; 1583:17 FINE (6) 1540:18, 20; 1541:4, 8; 1570:6; 1583:17 FINGERPRINT (ij 1552:21 FINISHED (8] 1502:20; 1531:13; 1591:27; 1592:20; 1593:18, 20; 1597:4; 1609:24 FINS (ij 1541:27 FIR HI 1500:15 FIRE (H 189Q-1Q FIRE-RESISTANT (4] 1538:26; 1559:13; 1563:10; 1583:4 FIRES (ij 1538:27 FIRST (48) 1497:19; 1498:17, 26; 1499:6; 1500:3, 5, 27; 1504:24; 1506:10; 1507:19; 1511:21; 1537:23, 24; 1538:4; 1546:15; 1552:25; 1554:4, 6; 1556:8; 1558:5; 1563:7; 1564:3; 1573:11, 24; 1574:8; i576:20; 1578:14; 1581:7; 1593:26; 1601:11; 1605:27; 1606:8; 1607:6; 1612:28; 1619:28; 1627:6; 1629:18, 25, 28; 1632:4; 1633:4, 7; 1635:23; 1638:18; 1639:12, 13; 1651:18 FISH (6] 1500:10; 1501:15; 1522:17; 1524:23; 1525:28; 1560:26 FITTED (i) 1526:7 FITTINGS (i) 1635:5 FIVE (ii) 1506:19; 1545:27, 28; 1565:21; 1572:22, 27; 1575:13; 1580:20; 1592:8; 1593:24; 1594:19 FIVE-MONTHS {i) 1500:16 FLAIR [i] 1648:9 FLAMMABLE-OIL-BASED [i] 1539:20 FLING (1) 1654:15 FLOAT (2) 1651:4; 1656:3 FLOAT-OPERATED (3) 1623:11; 1631:13; 1634:28 FLOATS (3) 1650:26, 27; 1651:5 FLOOR (21 1661:21, 25 FLOW 112] 1566:9; 1594:10; 1624:15; 1629:11; 1631:3; 1634:20; 1635:11; 1649:24; 1650:12; 1651:18; 1657:3 FLOWS (6) 1631:10, 12; 1633:9, 11, 21; 1634:3 FLUID [8] 1508:16; 1541:15; 1556:2; 1563:10; 1570:19, 21; 1583:5 FLUIDS (25) 1495:13, 15, 17; 1504:15; 1508:22; 1530:17; 1532:16; 1538:18, 20, 22, 23, 24, 25, 26; 1539:6, 11, 15; 1540:11, 18; 1541:19; 1542:15; 1556:3; 1559:14; 1571:9 FLUORESCENT (i) 1539:18 FOAMING (1] 1658:1 FOCUS (21 1549:11, 12 FOCUSING (1] 1553:2 FOLKS (2) 1512:12; 1521:9 FOLLOW (i) 1529:28 FOLLOWED (i) 1577:10 FOLLOWING (41 1535:16; 1544:7; 1553:14; 1606:15 FOLLOWS (4] 1494:4; 1504:26; 1551:15; 1620:11 FOOD [51 1541:4, 8; 1570:6; 1595:7, 9 FORCE (i) 1591:23 FORCING (1) Conco/oancs oy tocx-Seei-iS, 1647:8 ' ~ FORD (i| 1658:15 FOREST (1] 1525-5 FORGOTTEN (i| 1522:4 FORM (la) 1545:8; 1572:20; 1600:6, 20; 1601:8, 28; 1602:5, 24; 1603:24; 1604:15, 20, 27; 1605:9, 14, 18, 22; 1618:9 FORMAL (6] 1599:8, 28; 1613:22; 1614:17, 22, 24 FORMALLY [i] 15QQ-12 FORMATION (i| 1507:6 FORMED (2) 1538:16; 1563:11 , FORMS (3) 1600:23, 26; 1605:3 FORTH (51 1530:12; 1624:16; 1629:12; 1634:21; 1637:22 FORWARD (31 1540:14; 1555:19; 1558:1 FORWARDING [i| 1562:16 FOUL [i| 1556:9 FOUND (34) 1498:21; 1500:7, 9, 14, 16; 1501:15; 1514:13; 1517:26; 1524:20, 22, 23; 1525:21, 27; 1532:24; 1533:8, 15, 21; 1534:5, 18; 1559:3, 10; 1568:15; 1573:14; 1575:11, 12; 1578:24; 1579:12; 1580:5; 1583:21; 1584:1, 3; 1585:18, 26, 27 FOUNDATION (2] 1568:26; 1573:6 FOUNDATIONAL [i| 1620:2 FOUR (8] 1505:10; 1565:18; 1572:21, 26; 1575:2; 1592:4; 1644:16; 1654:7 FOUR-PAGE (i) 1597:20 FOURTH (i) 1558:24 FRAME (i| 1651:14 FRANCE (2| 1507:10; 1563:21 FRANCISCO (i) 1661:26 FRANKLIN (3) 1619:4; 1620:9, 18 FREE [i] 1594:11 FRIDAY [31 1551:1; 1619:14, 18 FRONT [2] 1635:7; 1657:7 FULL [ii 1549:9 FULLY (21 1562:5, 25 FUMES (u 1595:24 FUNCTION (4] 1496:2; 1649:21; 1653:7; 1654:11 FUNCTIONAL (7] 1504:14; 1508:15; 1538:20, 22, 24; 1540:17; 1556:2 Trans western v. Monsanto Word Index From EXISTED to FUNCTIONAL HARTOLDMONOO11350 Basic Systems Applications FUNCTIONALITY [3] 1632:28; 1655:28; 1656:3 FUNCTIONS (i| 1623:23 FUTURE (21 1560:15; 1619:27 -G - GAIN (41 1518:24; 1519:7; 1524:9; 1542:23 GAINED (i| 1566:22 GAINING (H 1519:12 GALLON (i) 1651:23 GALLONS (5) 1651:18, 21, 26, 28; 7652:3 GAPS [i] 1566:26 GARGLE (I] 1545:18 GAS (35] 1520:26; 1538:7; 1552:13; 1578:25; 1579:1; 1580:5, 6; 1621:11; 1623:2, 7, 13, 17; 1625:20; 1626:7; 1627:5; 1628:13, 15, 16; 1629:10, 27; 1631:6; 1633:10; 1634:17, 22; 1635:11; 1641:27; 1646:25; 1649:19, 26; 1651:9, 11, 15; 1656:21 GASES (it 1563:11 GASTROINTESTINAL (2| 1615:27; 1617:21 GATHERING (i| 1567:14 GAVE (5) 1498:11; 1580:6; 1589:12; 1609:8; 1610:25 GEE m 1575:18 GENERATION (i) 1541:21 GENTLEMEN [a] 1493:9, 14; 1496:13; 1520:5; 1523:12; 1550:14; 1586:22; 1618:8 GEOGRAPHIC (i) 1557:24 GEORGE (21 1504:11; 1594:5 GERMANY (2) 1507:10; 1563:20 GERMICIDE (1) 1545:19 GERRYRIGGEDp) 1615:21, 22; 1616:12 GETS (2) 1647:10, 12 GILMORE (5) 1619:5, 12; 1620:1; 1639:15, 17 GIRL (21 1575:13, 16 GIVE (io) 1539:28; 1541:17; 1542:6; 1549:28; 1574:21; 1598:5; 1601:1; 1607:11; 7638:25; 1640:20 GIVEN (3) 1589:1, 6; 1658:4 GIVES (51 1500:11, 13, 22; 1542:9; 7655:27 GIVING (4) 1510:17; 1521:7; 1590:8; 1640:24 Trial Transcript [December 3, 1993] GLASS [2| 1543:10, 16 GLUES (i| 7566:75 GOES (7) 1502:17, 25; 1622:20; 1623:15; 1634:28; 1649:26; 1652:11 GOODS (2i 1571:12; 1593:21 GOSH (i) 1603:1 GOTTEN (i) 1575:16 GOVERNMENT [2] 1580:16; 1594:1 GRADUATE (i| 1510:18 GRADUATED (1] 1537:25 GRADY (21 1624:17; 1661:20 GRATEFUL (i) 7506:20 GRAY (i| 1622:14 GREAT [31 1507:6; 1527:10; 1630:5 GREATER (i[ 1645:24 GREEN (31 1623:19; 1648:3, 5 GROOVE (i) 1648:12 GROUP (7) 1497:26; 1505:10; 1508:7; 7538:27; 1545:22, 23; 7554:28 GROUPS (3) 1547:5; 1548:19; 1600:17 GROW (1) 1507:2 GROWING m 1561:14 GUESS (5] 1497:10; 1589:10; 1599:13, 16; 1647:1 GUIDANCE (3] 1510:17; 1521:7; 1574:22 GUIDELINES (2) 1600:3; 1604:13 GULF (to) 7678:26; 7625:77, 23, 25; 1626:7, 11; 1632:7, 23; 1638:12, 15 GUNNAR (si 1510:12; 1512:26; 1515:6; 1579:14; 1584:4 -H- H-A-R (i| 1575:5 HAIR (91 1500:16; 1524:24; 7525:28; 1575:10, 12, 14; 1582:11, 22; 1585:18 HALF (3) 1502:25; 1598:10; 1655:5 HALL-MOUNTED (i) 1541:27 HAND (2) 1493:24; 1626:20 HANDLE [1] 1543:7 HANDLED (21 1540:7; 1554:14 HANDLING (a) 1504:5; 7553:78; 1592:5; 1612:24, 27; 1613:7, 16, 19 HANDWRITTEN (4] 1515:14, 26; 1516:13, 27 HAPPENING [2| 1535:7, 23 HAPPENS (il 1623:3 HAR (2) 1574:28; 1575:5 HARDY (21) 7505:28; 1506:3; 1507:25; 1508:7, 13, 23, 27; 1509:2, 4, 6, 16, 24; 7570:2; 7522:70; 1529:7, 12, 26; 1530:7; 1556:26; 1567:25 HARM (21 1607:16; 1613:11 HARVARD (4) 1606:7, 25; 1607:28; 1608:1 HAVEN'T (i) 1538:9 HAZARD [i] , 1568:20 HAZARDS (2) 1533:17; 1568:14 HEAD (3) 7505:22; 1510:14; 1564:15 HEADQUARTERS (31 1504:9; 7522:5; 7538:76 HEALTH (si 1556:21; 1568:21; 7585:76; 1592:10; 1594:13 HEAR (6) 1496:16; 7576:8; 1586:19; 1618:24; 1620:4; 1656:6 HEARD (21 1521:12; 1619:4 HEARING (2) 1619:8; 1660:14 HEAT (7) 1541:21, 25; 1542:1; 1615:22; 1616:12, 18, 21 HEAT-RESISTANT (i) 7502:70 HEAVIER (i| 1642:7 HELD (3) 7520:20; 1591:10, 17 HELP (4) 1506:7; 7578:76; 1574:21; 7576:25 HELPED (11 1586:9 HELPFUL (si 1518:24; 1519:3, 7, 72; 1629:16 HELPS (2] 7546:28; 1607:20 HERBICIDE (2) 7603:4 HERBICIDES (1) 1524:13 HERETOFORE (21 1493:5; 1551:5 HIGH (6) 1502:16; 1539:8; 7547:22; 1623:8; 1653:20; 1654:19 HIGH-PRESSURE (17] 1571:3, 6, 10; 1583:5; 1630:5, 7, 23, 28; 7637:4; 7633:7, 20, 28; 1634:2, 4; 1644:7, 9, 13 HIGHER (ill 1561:27; 1565:1, 23; 1566:16; 1609:4; 1634:7; 1642:12; 7 644:25; 7646:24; 7647:4; 1657:1 HIGHLIGHTED (4| 7554:25; 7562:76; 1564:22; 1568:10 HIGHLY (12) 1524:4; 7525:7; 1526:6; 1547:17; 1560:21; 1561:13, 15; 1562:3, 9; 1564:27; 7572:75; 1585:12 . Concordance by Look*See(46\ HILL (1] 7667:28 HIRED (3] 1612:17, 19 HISTORY 01 1540:15; 7567:27; 1625:24 HITHERTO pi 7552:22; 1564:23; 7577:72 HITS (i) 7654:78 HOLD (21 7573:73; 1587:28 HOLES [i| 1598:24 HONOR (2is 1493:22; 1496:11; 1498:27; 1519:26; 1523:18; 1551:10; 1570:12; 1577:21; 1581:5; 1584:8, 10, 27; 1586:13, 21; 1587:2, 3; 1619:10; 7625:2; 1626:19; 1646:7; 1654:7 HONORS |ii 1495:9 HOOK (11 1575:19 HOPE (2) 1546:28; 1590:14 HOPED [11 1507:16 HOPEFUL (21 1518:10, 15 HOPING (i) 1518:17 HORRIFIED (11 1524:21 HORSEPOWER (21 1642:4, 8 HOSES (11 7583:8 HOT [11 1538:27 HOUR [2] 7589:24; 1590:24 HOURS (i) 1549:8 HUMAN (i) 1560:26 HUMANS (2) 1496:19; 1528:27 HYDRAULIC [5] 7538:25; 1571:9; 7582:23, 24, 28 HYDROCARBON [2] 7572:28; 1564:23 HYDROCARBON-BASED [i] 1512:22 HYDROGEN (21 IRAR'I R HYDROGENS (i) 7545:27 HYDROXYL (t| 7545:27 HYGIENE (51 1540:7; 1559:16; 1592:2; 1612:12, 18 HYPOTHESIS 12) 7575:7; 7526:7 HYPOTHESIZED (i) 7567:23 -1 - I.E. (41 7572:70; 7573:7; 7525:27, 27- IDENTICAL (21 1635:5; 1655:1 IDENTIFICATION (3] 1496:18; 1549:13; 1576:22 IDENTIFICATIONS (i| 1583:21 FUNCTIONALITY to IDENTIFICATIONS Word Index Transwestern v. Monsanto HARTOLDMONOO11351 Baste Systems Applications IDENTIFIED |5| 1505:16; 1514:7; 1564:7; 1574:11; 1624:6 IDENTIFY (7) 1549:18; 1559:3; 1616:24; 1622:3; 1625:6; 1626:19; 1631:18 IDENTIFYING (3| 1519:4; 1553:21; 1626:14 IGNITING id 1583:5 IGNITION (D 1539:20 ILL (D 1613:14 ILLNESSES (3) 1591:4, 21, 22 ILLUSTRATED (3) 1544:22; 1547:4, 6 ILLUSTRATION [D 1621:1 IMAGE (D 1655:2 IMAGINE (D 1544:28 IMMEDIATELY (3) 1522:26: 1555:16; 1626:26 IMPACT (D 1546:12 IMPELLER 19) 1621:14; 1622:19, 23, 24; 1624:7; 1627:20; 1628:18; 1632:21; 1643:7 IMPELLERS (12) 1621:9; 1626:28; 1627:2, 8; 1632:4, 8, 11, 20; 1641:14; 1643:14; 1644:2; 1654:23 IMPLICATION id 1560:4 IMPLIED id 168Q-22 IMPORTABLE (d 1507:8 IMPORTANCE (2] 1506:18, 27 IMPORTANT [5] 1540:2; 1546:15; 1562:24; 1650:8, 11 IMPRESSION (4) 1527:8; 1553:16; 1567:6; 1618:9 INCH [3] 1645:1; 1647:16, 23 INCIDENT (4) 1615:7, 10, 14; 1617:17 INCIDENTALLY (D 1650:13 INCLUDE pi 1541:5; 1597:23 INCLUDED (i] 1522:14 INCLUDES (4| 1496:9; 1531:18; 1567:18; 1621:28 INCLUSION id 1601:25 INCORPORATED (D 1611:23 INCORRECT [2] 1532:25; 1583:25 INCREASE (3| 1647:5, 8; 1648:16 INCREASED {D 1649:11 INDEPENDENT (2] 1596:24, 27 INDEPENDENTLY [t| 1562:27 INDEX (D 1660:1 Trial Transcript [December 3, 1993] INDIANA |2] 1615:9, 20 INDICATE li| 1608:26 INDICATED (9) 1498:21; 1560:18; 1584:18; 1612:21; 1617:13, 15, 19; 1654:21; 1658:1 INDICATES [2] 1497:18; 1622:9 INDICATING (D 1610:4 INDICATION (2] 1511:18; 1561:8 INDISTINCT [i] 1629:20 INDIVIDUAL [4] 1639:7; 1640:23; 1648:25; 1651:24 , INDIVIDUALS (D 1522:15 INDOCTRINATION (D 1538:1 INDUSTRIAL [u] 1524:5, 19, 22; 1534:25; 1540:7; 1557:26; 1559:16; 1580:7; 1585:8; 1592:2; 1595:12; 1596:18; 1612:12, 18 INDUSTRIES (2] 1525:8; 1548:7 INDUSTRY [18] 1503:17; 1504:4; 1525:5, 6; 1539:8, 12; 1542:24; 1557:10, 11, 23, 27; 1563:9; 1568:19; 1580:2; 1636:27 INFANT [4] 1524:23; 1525:28; 1582:11, 22 INFLAMMABLE (D 1563:13 INFORMAL [4] 1599:16, 26; 1613:20 INFORMATION (38) 1496:17, 22, 26; 1499:19; 1506:21; 1508:14; 1520:6, 8; 1521:10; 1522:28; 1530:28; 1531:3; 1532:26; 1558:8; 1566:22; 1567:14, 19, 26, 28; 1582:1; 1591:26; 1592:19; 1593:19, 20, 27; 1594:11, 22, 25; 1595:5, 16; 1599:9; 1603:6; 1605:7; 1613:8; 1637:20; 1638:25; 1639:2; 1640:24 INFORMED 12] 1506:9; 1540:6 INFORMING (D 1509:6 INGERSOLL (28) 1625:7; 1629:5; 1630:25; 1631:2, 9, 16, 22, 27; 1633:1; 1634:9, 23; 1635:1, 6, 23, 24; 1636:14; 1637:6, 10, 27; 1646:8, 20; 1648:13; 1649:4; 1650:2, 6; 1654:12, 21; 1658:9 INGESTED (D 1595:19 INGREDIENT [<] 1595:8 INGREDIENTS (t) 1609:17 INHALATION (ij 1597:27 INHALE |i) 1595:24 INHALING it] 1615:25 INITIAL (2] 1530:11; 1531:5 INITIALLY [2] 1536:2; 1553:2 INJURY [t] 1540:8 INNOVATIVE [i] 1524:7 INPUT (i) 1642:9 INQUIRIES ft] 1614:18 INQUIRY (2) 1569:26; 1614:25 INSECTICIDE (2) 1603:3, 9 INSECTICIDES [2] 1514:15; 1559:4 INSIDE (5) 1541:21; 1562:23; 1609:18, 19 INSTALLATION (i| 1616:17 INSTALLED [7] 1625:9; 1632:10; 1636:6, 11; 1641:25; 1649:14; 1652:27 INSTANCES [t] 1588:28 INSTITUTE [4] 1510:15, 20, 21; 1612:15 INSTITUTED [t] 1546:12 INSTITUTION (2) 1497:22; 1564:16 INSTRUCTION (i) 1520:6 . INSTRUCTIONS [t] 1603:23 INSTRUMENT (i| 1520:26 INSTRUMENTATION (4) 1513:17, 25; 1520:12, 16 INSTRUMENTS ft] 1564:9 INSULATING [2] 1539:28; 1542:1 INTAKE m 1560:25 INTEGRATED [t] 1550:10 INTEGRITY [i] 1515:8 INTENDED [3] 1600:26, 28; 1619:3 INTENDING (t] 1561:10 ' INTENTIONALLY (ij 1524:13 INTERESTED pi 1535:20; 1591:8; 1658:7 INTERFERENCE (2) 1524:11; 1549:24 INTERFERING [l] 1553:22 INTERNAL (3) 1536:25, 26; 1604:12 INTRODUCE (t) 1624:15 INTRODUCED (2] 1524:13; 1543:9 INVESTIGATE |t] 1552:1 INVESTIGATION [7] 1498:16; 1512:9; 1513:6; 1529:4; 1569:12, 28; 1658:11 INVESTIGATIONS [2] 1497:21, 26 INVOLVED [is] 1509:28; 1513:18; 1517:23; 1526:19; 1530:17; 1540:18, 28; 1541:4, 8; 1542:19; 1546:17; 1569:19; 1570:7; 1581:26; 1616:10; 1617:5, 17; 1657:26 INVOLVEMENT [2] 1542:14; 1641:9 INVOLVING (2] io id:/: iodu:! IRRITATION m 1597:23 ISOLATE! 1564:25 ISOMERS (7) 1518:26; 1519:2, 14; 1560:17, 19; 1576:24; 1609:3 ISSUE [6] 1505:25; 1519:18; 1524:27; 1529:9; 1533:6; 1546:10 ISSUES (4] 1506:7; 1525:23; 1546:23; 1645:15 ITEM (i] 1628:24 ITEMS (2) 1636:24; 1657:28 -J - JAGGED (i) 1634:12 JAMES [t] 1661:19 JANET It) 1661:20 JANUARY [17] 1507:26; 1508:10, 24; 1509:5; 1510:23; 1511:13; 1512:14; 1514:4; 1517:20; 1519:16, 23; 1525:20; 1535:10; 1548:23; 1560:9; 1587:22; 1606:13 JERRY It] 1661:20 JIGGER [t] 1607:15 JOB [16] 1505:18; 1507:1, 4; 1508:20; 1530:19; 1538:4; 1539:4, 22; 1541:16; 1543:6; 1570:4; 1591:17; 1638:20; 1639:25, 27; 1655:17 JOBS (2) 1530:22; 1538:10 JOIN [2] 1545:7, 9 JOINED [t] 1538:1 JOURNAL [t] 1514:28 JOURNALS [2] 1518:18; 1546:20 JUDGE [t] 1551:3 JUDGMENT [t] 1598:28 JUMP [t] 1539:17 JURORS [3] 1586:27; 1618:23; 1621:17 JURY [6] 1496:11; 1511:7; 1536:14; 1541:15; 1618:19; 1657:7 - K- K-E-L-L-Y [t] 1587:10 KAROLINSKA [t] 1510:21 KEEN [t] 1529:28 KEEP [7] 1503:25; 1515:18; 1528:20; 1535:22; 1564:13; 1584:15; 1654:14 KEEPING [t] 1516:26 KEITH [t] Trans western v. Monsanto Word Index From IDENTIFIED to KEITH HARTOLDMONOO11352 Basic Systems Applications 1551:3 KELLER |i| 1532:10 KELLY [4i) 1505:7, 18; 1508:25; 1512:1; 1514:11, 22; 1521:12, 15, 21, 24; 1522:12, 15; 1526:13, 16; 1527:14; 1528:15, 18; 1530:13; 1532:18; 1536:2, 6, 17, 28; 1537:3; 1566:20; 1567:6, 19, 22; 1568:1; 1587:4, 9; 1592:15; 1603:22; 1604:11; 1605:13, 18; 1609:9; 1612:23; 1614:11; 1660:12 KENTUCKY (ii) 1625:9, 15, 25; 1626:5; 1629:6; 1631:26; 1632:9, 18; 1637:11; 1640:14; 1641:11 KEPT (ti 1493:14 KETTLES (2) 1609:19; 1611:4 KILL (ii 1552:2 KILLS [t] 1598:9 KINDS (ij 1656:16 KNOWING (i) 1620:2 KNOWLEDGE (a] 1517:18; 1542:23; 1548:1, 6, 9; 1566:26; 1616:22; 1637:3 - L- LAB (ij 1600:16 LABEL (5) 1581:19, 23, 25; 1613:3, 9 LABELED [i] 1646:20 LABELS [4] 1581:13, 22; 1592:7; 1612:25 LABORATORIES (6) 1596:7, 13, 16, 17, 18; 1600:16 LABORATORY [3] 1596:9, 21; 1607:1 LABS (2) 1596:24, 27 LABYRINTH [is) 1624:8, 10, 13; 1629:2, 7; 1634:2, 3, 14; 1635:11; 1643:19; 1645:23, 28; 1648:4, 5; 1650:10 LABYRINTHS [i| 1654:22 LACK (ii 1515:10 UDIES (a) 1493:8, 14; 1496:13; 1520:5; 1523:12; 1550:14; 1586:22; 1618:8 LANDED (ii 1538:27 LANDFILLS [41 1571:19, 28; 1572:11; 1582:12 LANGUAGE [6| 1501:14; 1502:4, 20; 1503:1; 1523:25; 1525:2 LAPLAND [21 1501:15, 17 URGE [a) 1527:26, 27, 28; 1528:8; 1542:11; 1553:4; 1588:3; 1628:17 URGELYm 1557:26 URGER (4) 1557:7; 1629:21; 1630:11; Trial Transcript [December 3, 1993] 1648:18 URGEST (31 1527:26; 1528:10; 1540:26 UST [s] 1501:26; 1514:23; 1543:6; 1569:8; 1574:1; 1619:20; 1620:1; 1657:5 UTE (io) 1495:1; 1535:12, 20; 1537:26; 1541:9; 1558:9; 1573:17; 1599:13; 1600:1; 1607:6 UUNCH m 1520:21 UW(ii 1495:4 UWYER [ii 1590:1 UWYERS [1) 1586:23 LAY (is 1522:23 UZARUS [i] 1661:24 LBK [i] 1580:5 LD [2] 1597:25; 1598:3 LDK (i] 1550:6 LEADING [ii 1567:3 LEAK (21 1610:11, 13 LEAKING (3) 1615:23; 1622:12; 1650:9 LEAKS (21 1598:24; 1610:9 LEAP [i| 1574:16 LEAPS (ii 1515:3 LEARN (3) 1549:10; 1550:2; 1585:15 LEARNED [6] 1509:13; 1519:17; 1524:19; 1531:5; 1549:12; 1579:3 LEARNING m 1591:8 LEAVE (1) 1640:18 LEE (31 1638:19, 20 LEFT-HAND (i) 1626:20 LETHAL (2) 1597:25; 1598:11 LETTERS (i| 1499:12 LEVEL (4) 1555:8; 1565:25, 27; 1580:20 LEVELS (a] 1539:9; 1552:4, 7, 27; 1559:28; 1560:2; 1583:23; 1585:9 LIABLE (21 1522:22; 1607:17 LICENSED (21 1588:22, 24 LIFE (4) 1514:12; 1539:19; 1540:1; 1559:2 LIGHT (21 1539:17, 18 LIKELIHOOD (ij 1647:6 LIMITED (1] 1496:21 LINE [io] 1506:10; 1515:25; 1516:2, 3, 4, 5, 6; 1623:13; 1627:17; 1649:16 LINES (i) 1539:9 LINKED (21 1545:10; 1546:6 LIP (3) 1647:19; 21; 1648:7 LIQUID (si 1541:24, 28; 1547:21; 1559:18; 1562:14; 1572:3 LIQUIDS (i] 1525:17 UST (si 1505:12, 15; 1567:22, 25; 1593:3 LISTED (i] 1592:6 LISTEN (i) 1516:8 LITERATURE |i) 1593:28 LIVER (5) 1500:22; 1616:2; 1617:25, 26; 1618:4 LIVERS [2] 1532:24; 1534:6 LIVES (i) 1543:12 LIVING (4) 1500:9; 1522:17; 1560:25; 1561:6 LKB [13] 1520:15, 27; 1525:12; 1564:9; 1577:6, 11, 14, 27; 1578:15,24; 1579:9, 15; 1585:26 LOCAL (2] 1556:25; 1596:13 LOCATED (3) 1557:24; 1585:5; 1615:8 LOGS [3] 1657:20 LONDON (8) 1506:1, 4; 1507:26; 1508:14; 1522:3, 5, 10; 1556:26 LONGEVITY (i) 1539:28 LOOKS [i] 1579:12 LOS (3] 1551:1; 1661:22, 28 LOST (2] 1583:8; 1629:22 LOT (12) 1531:7; 1533:12; 1535:13; 1543:12, 13; 1561:19; 1571:3, 6, 10; 1598:24; 1629:22 LOTS (ii 1528:1 LOUIS (44) 1494:20; 1504:9, 12, 16; 1505:3, 8, 19; 1506:22; 1508:16, 19, 25; 1511:4, 9, 24, 27; 1512:1, 13; 1515:16; 1519:18; 1520:11; 1521:9; 1522:2, 4, 13, 14, 19; 1528:19; 1530:13, 27; 1532:10, 14; 1536:19, 25; 1537:5; 1548:26; 1553:10; 1555:17, 24; 1567:9; 1577:4; 1578:21; 1579:25; 1587:13; 1588:3 LOW (91 1541:23; 1552:7, 26; 1559:27; 1560:2; 1622:10; 1630:1; 1633:12; 1656:20 LOW-PRESSURE (91 1630:12, 14, 22, 24, 26; 1631:1; 1633:21, 28; 1644:10 LOWER [8J 1507:8; 1539:10; 1540:20; 1552:21; 1560:18; 1609:4; 1642:12; 1643:8 LUBE (is) Concordance by Lootr-See(4a) 1627:10; 1629:17; 1631:16, 21; 1632:26, 28; 1633:18; 1634:10 1638:8; 1646:9, 21; 1652:26; ' 1653:5, 7, 16 LUBRICANT (i) 1571:15 LUBRICANTS [3| 1571:3, 7, 11 LUBRICATING (?) 1502:15; 1582:16, 18; 1583:7, 10; 1586:5; 1652:19 LUBRICATION (2] 1621:17; 1652:2 LUNCH (2) 1551:21; 1552:12 LVK (i) 15/3:28 - M- M.D. [2] 1521:24; 1587:4 MACHINE (26) 1544:1; 1585:26; 1622:17; 1625:18; 1626:6, 10; 1627:1, 8, 11; 1629:28; 1632:22, 24; 1633:14, 16; 1635:4, 7; 1637:24; 1639:4; 1640:8; 1643:1, 17; 1647:20; 1648:2; 1649:2; 1651:1 MACHINERY (2) 1520:25, 26 MACHINES [ii 1578:15 MAIL (i) 1604:2 MAIN (8| 1540:22; 1585:3; 1628:12; 1652:26; 1653:1, 4, 7, 16 MAINLY (il 1565:16 MAINTAIN (3) 1646:24; 1649:23; 1655:24 MAINTAINED (2) 1634:7; 1649:17 MAINTAINING m 1650:11 MAINTAINS (i] 1649:25 MAINTENANCE (3] 1646:8, 21; 1657:20 MAJOR (61 1514:16; 1517:26; 1533:14; 1549:23; 1563:23; 1572:20 MAJORLY (i) 1549:26 MAKER (i) 1520:15 MAN [41 1501:20; 1540:12; 1604:3; 1613:10 MANAGE (il 1576:23 MANAGED m 1542:27 MANAGEMENT (2) 1540:10; 1556:17 MANAGER (3) 1508:22; 1570:5; 1574:20 MANNER (3) 1591:21; 1601:4; 1634:19 MANUFACTURE (i) 1502:10 MANUFACTURED (io) 1507:5; 1539:23; 1564:10; 1602:21; 1636:18; 1637:14, 18; 1651:6; 1653:3, 4 MANUFACTURER (71 1545:13; 1636:13; 1651:3; 1652:18, 26; 1653:16; 1655:12 KELLER to MANUFACTURER Word Index Transwestern v. Monsanto HARTOLDMONOO11353 dasic dvstenr.s Accncauons MANUFACTURERS |7] 1509:27; 1553:23; 1563:5: 1636:27: 1650:5: 1655:14, 28 MANUFACTURING [4] 1559:18: 1571:13; 1602:10; 1611:14 MARCH (2) 1587:25, 26 MARK (4) 1503:16; 1628:1; 1631:15; 1646:7 MARKED [4] 1540:25; 1625:4; 1628:5; 1638:2 MARKET [6] 1506:19, 28; 1507:12; 1540:2; 1563:4; 1661:25 MARKETING [2] 1556:16; 1603:13 MARKETPLACE [3] 1541:1; 1556:19; 1563:24 MARKING [ii 1625:1 MARKS (ii 1661:20 MASS (7) 1513:18, 21; 1552:14; 1562:17; 1579:1; 1585:1 MATERIAL (49) 1498:14; 1504:5; 1512:20, 22, 23; 1513:1; 1515:4; 1524:5, 6; 1540:4; 1542:1; 1543:11; 1545:27; 1547:18, 20, 23, 25; 1548:2; 1553:27; 1557:26; 1559:21; 1562:6, 7; 1563:20, 22; 1564:27; 1565:1, 15, 24, 26; 1566:8; 1577:13; 1593:3; 1594:13; 1595:11, 20, 27; 1596:15; 1597:28; 1598:5; 1601:3, 5; 1607:12, 16; 1610:12, 13; 1614:4; 1615:26; 1626:22 MATERIALS (33] 1502:11; 1524:12; 1525:11, 13; 1539:19, 25, 28; 1540:6, 21; 1542:26; 1543:4; 1546:4; 1549:23; 1552:21; 1560:1, 6; 1561:9, 15, 23, 26, 28; 1562:9; 1566:16; 1568:23; 1572:22, 24; 1576:16, 22; 1591:27; 1592:20, 25; 1597:4; 1609:23 MATTER (4] 1534:14; 1556:21; 1563:4; 1647:11 MAXIMUM (4) 1542:12; 1547:11; 1642:15; 1653:27 MAY (28) 1496:23, 25; 1512:7; 1513:3; 1517:28; 1528:25; 1543:24; 1573:8; 1586:11; 1593:2, 3, 12; 1602:7; 1603:20; 1606:28; 1608:14; 1609:2; 1611:5, 6, 8, 26, 27; 1612:5; 1632:21; 1636:23; 1657:11; 1658:19 MCS-153 (i] 1605:16 ME-TO (i) 1602:20 ME-TOO (2] 1593:22; 1602:28 MEAN (is) 1507:14; 1557:15; 1559:11; 1560:22; 1568:16; 1574:28; 1597:19; 1600:24; 1602:9; 1603:8, 27; 1608:14; 1609:14; 1612:8; 1624:21; 1626:2, 7; 1654:26 MEANS (3) 1566:27; 1613:7; 1644:22 MEANT (8] 1507:1; 1553:2; 1567:6; 1575:5; 1577:6, 9; 1610:27; 1621:9 MEASURING [i] 1552:26 MECHANISM (i| 1568:22 MEDIA (2] 1522:24; 1553:17 MEDICAL (32] 1496:17; 1505:19, 22, 25; 1506:4, 7; 1507:25; 1509:2; 1532:18, 26; 1556:23; 1566:23; 1567:1; 1587:15, 24; 1588:9, 19, 20; 1591:6, 15; 1592:17; 1594:3; 1601:10; 1604:14; 1606:17; 1607:24; 1608:11; 1610:22; 1612:11; 1614:5, 20, 28 MEETING (10) 1511:1; 1515:12; 1516:13, 19, 24; 1522:14, 19; 1548:13; 1549:1; 1553:14 MEETINGS (2) 1521:11; 1533:11 MEMBER (i) 1507:11 MEMBERS (4] 1560:21; 1561:13; 1585:12, 16 MEMO (47] 1505:17, 28; 1506:9; 1511:9, 23; 1512:4, 6; 1513:15; 1514:4; 1515:15; 1517:19, 24; 1518:10; 1519:11; 1522:16; 1527:17; 1528:15, 16, 18; 1531:25; 1532:5, 9, 20; 1533:10, 20; 1536:25; 1537:11; 1555:12, 23, 26; 1556:8, 14; 1557:3; 1558:6; 1559:1; 1560:9; 1562:28; 1566:20; 1567:1, 7, 8, 17; 1568:7; 1569:2, 8, 25; 1577:4 MEMORANDUM (18) 1504:23; 1505:3; 1507:19, 24; 1508:7, 13, 24, 27; 1509:5, 7, 19; 1519:23; 1520:3, 24; 1521:20; 1522:7 MEMORIALIZED (ij 1615:2 MEMORY (4) 1500:24; 1531:2, 4; 1551:24 MENTION [t] 1611:11 MENTIONED (ii] 1497:20; 1525:1; 1552:12; 1557:22; 1580:11; 1582:24; 1592:15; 1597:13; 1612:9; 1614:11; 1641:28 MENTOR (i| 1510:16 MERE (i) 1647:22 METABOLISM (i] 1561:6 METABOLIZATION (i) 1560:24 METABOLIZE (2] 1561:7, 16 METABOLIZED (2] 1560:19, 23 METHOD (i| 1507:20 MEXICO [31 1618:27; 1620:27; 1621:6 MIDDLE (3) 1532:21; 1563:1; 1622:25 MIGRATING [i| 1654:15 MIGRATION [i] 1634:20 MILK [i] 1575.17 MILLION (4) 1553:5; 1580:12, 17,21 MILLS (i) 1611:26 MIND [6] 1526:5, 10; 1527:22; 1546:24; 1586:2; 1618:9 MINIMAL (i| 1606-16 MINIMUM [8] 1597:11, 21, 25; 1598:2, 14; 1599:1, 2; 1613:8 MINOR (i] 1566:14 MINUTE (4) 1651:21, 26, 28; 1652:3 MINUTES (2) 1586:26; 1639:24 MIRROR (1] 1655:2 MISLABELED (<] 1608:4 MISSOURI (2) 1555:18; 1587:13 MISTAKE (i) 1564:20 MIXTURE (i) 1565:15 MIXTURES (i] 1495:19 MOBIL (i) 1547:22 MODEL (3) 1547:9; 1576:17; 1621:14 MODIFICATION [2] 1543:2; 1549:19 MODIFICATIONS [i] 1641:16 MODIFIERS (i] 1543:3 MODULATE (i) 1655:19 MOLECULAR (2) 1526:8; 1549:27 MOLECULE (5) 1525:16; 1560:28; 1562:2; 1564:24; 1565:14 MOLECULES (4] 1572:16, 17, 27; 1585:13 MOMENT (9) 1506:15; 1516:8; 1526:15; 1542:11; 1560:18; 1564:26; 1608:16; 1617:14, 16 MOMENTS (i) 1609:8 MONDAY (4) 1618:13; 1619:11, 16; 1659:7 MONEY (i) 1590:7 MONTH [2] 1535:7; 1649:6 MONTHS (i) 1575:14 MORNING (ii] 1493:8, 16; 1494:16, 17; 1537:20, 21; 1550:13; 1557:16; 1559:15; 1618:13; 1619:13 MOSTLY (i] 1536:3 MOTHER m 1575:17 MOVE (4) 1540:14; 1542:5; 1548:12; 1555:19 MOVED (9) 1495:22; 1522:5; 1535:18; 1540:17; 1541:2; 1569:20; 1583:16; 1619:14; 1632:18 MOVING (2] -oncoiaance : 1627:12, 15 MS (i) 1624:17 MUCH-NARROWER (i) 1645:26 MYSELF (5] 1497:16; 1535:22; 1553:1; 1590:3; 1604:19 MYSTERY |i] 1553:21 -N- NAME (24] 1494:8, 10; 1495:25; 1501:21; 1503:13; 1521:23; 1527:7; 1533:18; 1587:7; 1605:20, 25; 1608:21; 1620:17, 18; 1626:8; 1638:18; 1639:7, 15, 17, 19, 20; 1640:23; 1641:4; 1648:25 NAMES (3) 1505:10, 15; 1639:10 NATIONAL |i] 1554:17 NATURAL (2) 1495:6; 1538:7 NATURE (6| 1514:15; 1559:4; 1616:25; 1648:26; 1657:25; 1658:10 NCR [9] 1526:19, 25, 26; 1527:2, 3, 11, 15, 24; 1528:25 NECESSITATE m 1566:23 NECESSITY (i) 1536:18 NEEDLES [i] 1500:15 NEEDS [2] 1567:10; 1575:24 NEGATIVE [i] 1593:4 NETWORK (i] 1558:17 NEWLY (ii 1538:16 NEWS [8] 1512:10; 1513:6; 1522:23; 1523:27; 1525:22, 26; 1573:12; 1581:7 NEWSPAPER [6] 1500:18; 1501:14; 1502:21; 1503:1; 1523:25; 1535:8 NEWSPAPERS [i] 1546:19 NICE (i) 1618:12 NINE (i] 1646:3 NOBODY (i] 1535:4 NOMENCLATURE (2] 1546:8; 1608:26 NON-EXTENSIVE [i] 1596:15 NON-OPEN (t) 1582:19 NOON (i) 1550:19 NORMAL (2] 1516:25; 1523:8 NORMALLY (i) 1548:18 NORTH [2] 1528:7; 1661:28 NORTHERLY (i] 1501:17 NORTHERN (i] 1566:12 NOTE (2) Transwestern v. Monsanto Word Index From MANUFACTURERS to NOTE HARTOLDMONOO11354 Basic Systems Applications 1515:28; 1658:19 NOTEBOOK [4] 1496:12; 1511:8; 1521:17; 1536:15 NOTED [3j 1493:5; 1530:4; 1551:5 NOTES |7] 1515:12, 14, 17, 26; 1516:13, 24, 27 NOTICE (a) 1496:12; 1519:26; 1520:3; 1526:15; 1529:19; 1536:14; 1556:22; 1577:21 NOVEL (i) 1552:18 NOVEMBER [til 1495:11; 1497:2, 9; 1504:27; 1529:12, 22, 25; 1555:14; 1558:10; 1573:17; 1587:19 NUMBER (26| 1496:14; 1519:27; 1520:2; 1521:16; 1530:14; 1531:16; 1536:10; 1542:24; 1544:9, 12; 1555:20; 1558:11; 1568:5; 1581:3; 1584:25; 1591:7, 13, 24; 1624:19, 23; 1630:19; 1632:8; 1646:13, 14; 1652:5, 9 NUMBERS (2) 1547:9; 1565:6 NUMEROUS (i| 1497:16 -ID- O'CLOCK [3] 1523:11, 13, 14 O-L n) 1543:18 O-L-S (t) 1555:6 OATH (t[ 1620:16 OBJECTION 16) 1498:27; 1516:1, 9; 1567:3; 1568:26; 1573:6 OBTAIN [t] 1540:3 OBTAINABLE [t] 1566:26 OBTAINED (3) 1580:4; 1594:23; 1614:2 OBVIOUSLY [6] 1499:12; 1509:24; 1522:4; 1529:1; 1589:21; 1592:26 OCCASIONS (ii 1497:17 OCCUPATIONAL (2) 1591:3, 22 OCCUR (31 1591:23; 1610:7; 1656:13 OCCURRENCE (2) 1514:14; 1559:4 OCCURRING (31 1561:3, 6; 1648:27 OCCURS (i] 1631:8 OFFER m 1619:3 OFFICE (61 1506:1, 4; 1507:26; 1511:14; 1522:3; 1555:14 OFFICIAL (41 1493:6; 1551:6; 1615:20; 1661:27 OH (6) 1599:7; 1610:23; 1638:7; 1639:24; 1653:24, 26 OILS (9] 1502:15; 1582:16, 18, 23, 24, 28; 1583:7; 1586:5; 1652:20 NOTEBOOK to PERIOD Trial Transcript [December 3, 1993] OKAY (361 1496:1; 1500:8; 1503:3; 1505:18; 1506:26; 1508:6; 1510:7; 1526:23; 1527:11; 1530:11; 1536:5; 1541:14; 1544:20; 1570:25; 1571:2; 1575:9; 1576:28; 1578:10; 1586:4; 1587:1; 1613:4; 1624:5; 1625:14; 1626:18, 25; 1627:12, 21; 1628:21; 1631:8; 1634:10, 15; 1635:10, 16; 1637:26; 1645:14, 22 OLA (15] 1497:3, 16; 1506:11; 1510:9; 1523:20; 1524:2; 1554:13; 1556:11; 1567:23; 1573:13, 17, 25; 1574:8, 13, 17 OLDER (tj 1564:14 ONES (t] 1603:20 ONGOING (i) 1569:12 OPEN (131 1504:19; 1583:1, 3; 1598:25; 1610:25, 28; 1611:2, 25; 1612:3, 4, 5, 8; 1618:18 OPENESS (1] 1563:27 OPENING (6) 1498:2, 4; 1499:17; 1529:2; 1534:20; 1645:26 OPERATE (tj 1642:20 OPERATED (1) 1591:20 OPERATES [i| 1655:13 OPERATING (2) 1639:8; 1645:19 OPERATING-TYPE (2) 1640:2, 5 OPERATION (is) 1538:7; 1541:21; 1598:26; 1610:17; 1611:3, 24; 1612:4, 5; 1622:17; 1623:5; 1633:17; 1635:26; 1638:8; 1646:8, 20 OPERATIONAL (4] 1637:9; 1641:10; 1649:9; 1657:19 OPERATIONS (si 1542:27; 1610:16; 1611:7, 8; 1640:7 OPERATOR (2] 1625:12; 1639:5 OPERATORS (3] 1631:26; 1639:3 OPINION (2) 1635:10; 1647:5 OPPORTUNITY (i| 1618:24 OPPOSED (2) 1514:27; 1649:10 OPTIMIZE (i| 1539:12 ORAL (5) 1597:26; 1607:1, 4, 9, 25 ORALLY m 1598:5 ORANGE (I] 1622:24 ORDER (6] 1531:11; 1555:20; 1597:8; 1598:27; 1600:4; 1652:6 ORDERING (ii 1597:2 ORGAN (ii 1618:5 ORGANIC (2] 1526:6; 1545:3 ORGANIZATION (3] 1556:1, 13, 25 ORGANIZED (i| 1588:17 ORGANS (2) 1497:28; 1555:7,, ORIENTATION (i( 1538:2 ORIGINAL (11 1550:7 ORIGINALLY (4) 1625:8; 1627:8; 1632:10; 1637:25 ORIGINATED (i] 1499:18 OS-81 (3) 1605:5, 7, 10 OURSELVES (4] 1534:2; 1562:26; 1578:26; 1593:1 OUTSET (i) 1555:4 OUTSIDE (6[ 1517:14; 1596:16; 1609:21; 1618:19; 1626:23; 1633:14 OVERALL [2] 1556:2; 1626:15 OVERHUNG (1] 1643:18 OVERRULED (2] 1499:1; 1573:7 OVERSEAS (11 1528:1 -P- P-A-R-K-E-R (11 1620:19 P-H-E-N-O-L-S (2) 1499:21; 1573:26 P-H-E-N-Y-L-S (11 1499:28 P.M. (4] 1550:20; 1551:2; 1659:6; 1660:5 PACK (i| 1610:10 PACKAGE (i) 1619:25 PACKING (3] 1624:8; 1629:3; 1634:14 PAGE (40) 1500:28; 1501:5, 10, 26; 1502:15, 17, 19, 22, 25; 1511:16, 22; 1514:3, 19, 23; 1515:25; 1516:2, 5, 6; 1517:19, 21; 1518:9; 1521:24; 1526:21; 1528:16, 17; 1560:9; 1562:28; 1564:3, 7; 1569:7; 1574:1, 23; 1577:16, 28; 1578:3; 1579:23; 1584:16, 22, 27; 1646:22 PAGES [21 1638:9; 1660:1 PAINT (3) 1595:14, 17; 1611:22 PAIRING (i] 1627:3 PALME (32) 1497:3, 7, 16, 19; 1498:17, 20; 1500:2; 1501:6, 13, 24; 1502:19, 26; 1503:4, 28; 1504:27; 1505:2; 1506:12; 1510:9; 1523:21, 26; 1524:2; 1554:13; 1555:12; 1556:11; 1567:23; 1573:13, 17, 25; 1574:9, 13,17, 25 PAPER (261 1498:14, 15; 1502:26; 1514:27; 1525:6; 1526:20, 28; 1527:2, 5, 6, 12, 16; 1528:2, 5, 13; 1546:2; Concordance by Look-See(50) 1557:9, 23; 1571:13, 17, 18; 1572:1, 4, 10; 1573:3, 10; 1582:12; 1616:4 PAPERS m 1546:18 PARAGRAPH (34) 1497:19; 1498:2, 4, 13, 17, 26; 1499:6; 1500:3, 5; 1501:7, 9, 10,12, 26; 1506:10; 1509:18; 1512:6; 1514:23; 1518:4; 1522:25, 26; 1532:22; 1536:21; 1556:8; 1558:20, 25; 1560:14; 1562:16; 1563:1; 1573:24; 1574:8, 12; 1575:2; 1584:21 PARALLEL (11 1578:27 PARDON (51 1505:12; 1526:23; 1623:26; 1632:14; 1635:22 PARKER (i6| 1619:4; 1620:5, 7, 9, 13, 19, 24; 1625:4; 1628:8; 1629:15; 1631:18; 1633:19; 1634:16; 1656:11; 1657:18; 1660:13 PART [ i6| 1507:1, 4; 1525:25; 1535:24; 1541:15, 20; 1549:1, 22; 1553:5; 1558:26; 1566:21; 1567:17; 1574:11; 1580:11; 1584:18; 1601:12 PART-PER-MILLION-TYPE (i| 1552:27 PARTICIPANTS (i| 1493:12 PARTICULARIZE (1) 1518:21 PARTS (31 1580:17, 20; 1622:4 PASSAGE (i) 1554:25 PASSED (2] 1498:20; 1620:3 PATENTED (21 1636:24; 1637:4 PATENTS (4) 1636:21, 23, 28; 1637:6 PATHWAY (i] 1582:20 PAUSE (2) 1515:28; 1516:7 PC (il 1581:13 PCB-BASED (3] 1606:3, 20; 1607:26 PEAKS (5) 1549:25, 28; 1553:21; 1577:12; 1585:5 PEN (il 1544:3 PENTA m 1545:28 PENTACHLOROBIPHENYL m 1565:21 PENTACHLOROPHENOL (1) 1557:8 PENTACHOLOPHESPHALE (i) 1557:9 PEOPLE (24) 1505:16, 27; 1509:8; 1510:12; 1517:13, 17; 1519:18; 1536:19; 1539:22; 1540:25; 1543:14, 16; 1559:9; 1563:18; 1570:26; 1571:19; 1583:6; 1599:20, 21; 1616:8, 9; 1625:11, 15; 1648:27 PERCENT (5) 1565:20; 1572:19; 1598:12; 1608:28; 1609:6 PERCENTAGE (11 1565:14 PERIOD (9) Word Index Transwestern v. Monsanto HARTOLDMONOO11355 Base Systems Applications 1521:15; 1531:5; 1535:19; 1539:1; 1581:16; 1588:25; 1591:16; 1610:21; 1649:6 PERIODICALLY |i] 1649:10 PERIODS (i) 1561:18 PERIPHERALLY (i) 1549:22 PERMANENT |i) 1651:19 PERSON [5] 1505:24; 1573:12; 1614:26; 1640:2, 6 PERSONAL (ti 1566:27 PERSONALLY [4] 1517:22; 1535:20; 1597:1; 1636:10 PERSONNEL (i) 1632:8 PERSONS (ij 1505:13 PERSPECTIVE [2] 1518:14; 1552:28 PERSUADE |i) 1518:11 PERSUADING (i) 1539:23 PESTICIDE {to) 1509:28; 1512:27; 1514:17; 1520:20; 1549:14, 19; 1552:7; 1554:17; 1557:19; 1561:20 PESTICIDES (6) 1509:28; 1524:12; 1549:25; 1552:1, 3, 9 PESTS m 1552:2 PH (3) 1563:20, 21, 22 PHARMACOLOGICAL (i) 1529:3 PHASE (21 1538:2 PHENOL (6) 1545:17, 19, 20, 25, 28; 1547:7 PHENOLIC [2! 1512:22; 1513:1 PHENOLS (si 1525:3, 7; 1534:19; 1546:5; 1557:13, 22 PHENYL (4) 1545:4, 24; 1547:5; 1565:10 PHENYLS (1) 1545:10 PHILOSOPHICAL (i) 1658:19 PHONE (si 1536:3, 4, 5, 16; 1537:11 PHYSICAL oi 1597:16; 1601:2, 16 PHYSICIAN (4) 1588:2, 22, 24; 1592:14 picKm 1522:24 PICTURE oi 1543:24; 1565:9; 1626:15 PIECE (4) 1520:21, 22; 1623:17; 1626:14 PIECES oi 1527:6; 1550:8; 1552:16 PIKE (2) 1498:22; 1500:7 PIPELINE (51 1625:21; 1626:4, 7; 1641:27; 1645:18 PIPELINES (i) 1642:13 PIPES (21 1609:18; 1611:4 Trial Transcript [December 3, 1993] PIPING (i| 1623:15 PLACE (61 1529:28; 1530:2; 1571:20; 1583:1; 1599:10, 12 PLACEDm 1626:28 PUCES (2) 1493:13; 1557:18 PUCING (31 1506:18, 27; 1518:13 PUIN (i) 1657:8 PUINTIFF (4] 1494:2; 1551:13; 1620:10; 1661:19 PUNES(i) 1538:27 PUNNING m 1567:2 PUNS (i) 1619:15 PUNT (31 1588:2, 3; 1639:6 PUNTS (4) 1559:18; 1588:8; 1591:20; 1592:3 PUSTIC (3) 1543:4, 9; 1611:24 PUSTICIZER (!) 1611:22 PUTE oi 1626:23, 24; 1635:9 PLEASE (301 1494:7, 8; 1496:5, 9; 1499:5; 1504:19, 20; 1514:20; 1515:27; 1557:2; 1574:23; 1577:20, 24; 1587:7; 1592:21; 1609:13; 1615:12; 1618:14; 1622:3; 1625:6, 28; 1628:14, 21; 1629:13, 19; 1630:21; 1632:27; 1646:14; 1647:26; 1656:8 PLF (i) 1660:8 PLUS (i] 1655:25 POINTED (ii 1573:25 POINTER [i] 1544:23 POINTING (5) 1548:8; 1626:21; 1627:19; 1629:1, 2 POINTS (41 1544:6; 1545:1; 1555:3; 1628:27 POISON (2) 1575:16; 1607:13 POISONOUS (2) 1498:6; 1504:3 POLICY m 1615:2 POLLUTION (i) 1523:3 POLYCHLORINATED |2i) 1497:27; 1499:13, 15, 21, 27; 1503:5; 1554:28; 1563:3; 1573:26; 1574:2, 10, 18; 1575:23, 28; 1576:6, 13; 1577:2, 16; 1578:1, 9, 12 POLYMER (2] 1543:2 POOL (2) 1553:4; 1580:12 POOR (i) 1546:27 POPUUR (i| 1581:8 POPUUTION (11 1560:5 PORTFOLIO (il 1588:10 PORTION [9] 1556:28; 1560:14; 1568:11; 1621:27; 1622:17, 26; 1626:19; 1628:9; 1630:11 PORTRAY (il 1553:19 PORTRAYED (i) 1553:17 POSITION [12] 1504:17; 1510:18; 1534:21; 1537:28; 1538:14; 1540:16; 1587:23, 27; 1588:21; 1591:10, 12; 1614:19 POSITIONS (4) 1542:16; 1545:27; 1547:27; 1587:27 POSITIVE (il 1576:22 POSSESS (ii 1553:8 POSSIBILITIES (i) 1610:19 POSSIBILITY [31 1575:27; 1582:26; 1616:2 POST-GRADUATE (1) 1521:7 POSTSCRIPT (ij 1556:28 POTENTIAL (9) 1507:12; 1520:23; 1539:20; 1546:16; 1553:26; 1598:18; 1601:4, 20; 1610:8 POTENTIALLY (4) 1507:7; 1560:20; 1561:12; 1566:13 POTENTIALS (i| 1547:1 POUND (ii 1656:15 POUNDS (12) 1634:9; 1642:1; 1645:1, 7; 1649:18; 1655:22; 1656:19, 20, 21 POWER (4) 1539:9, 11; 1542:10; 1550:11 POWERS [i] 1552:19 PRACTICE (i) 1516:26 PRECAUTIONS (i] 1559:17 PRECLUDE (i) 1559:24 PRECLUDES (il 1543:14 PREPARATION (ss 1562:18; 1589:26, 28; 1590:3, 18 PREPARED (i) 1564:8 PREPARING (il 1558:6 PRESENCE (12) 1515:4; 1546:12; 1549:14, 18; 1552:20; 1553:27; 1556:7; 1559:27; 1563:28; 1569:17; 1582:7; 1618:19 PRESENT (9) 1536:18; 1552:4; 1559:8; 1561:17; 1568:20; 1583:18, 24; 1584:2; 1600:11 PRESS (39) 1512:18; 1513:24, 28; 1514:3, 4, 9; 1517:4, 9, 13; 1518:16; 1519:22, 25; 1520:3, 11, 16, 18; 1525:12; 1535:13, 23; 1550:6; 1553:18; 1554:17; 1560:4; 1562:1; 1564:4, 6, 8; 1574:27; ConcofQance by LooK-SeeiS r 1577:5, 15, 27; 1578:6, 8; 1579:22, 24, 27; 1581:8; 1584:17, 28 PRESSURES (2) 1642:13; 1656:21 PRESTIGIOUS (i| 1564:15 PRETEND (ij 1548:5 PRETTY (8) 1523:27; 1524:21; 1525:22; 1527:27, 28; 1547:15; 1599:23; 1656:2 PREUSS (22i 1537:16; 1619:10, 23, 28; 1624:18; 1630:18; 1635:17, 20; 1645:8; 1646:15, 17; 1654:5, 21; 1657:13, 17, 24; 1658:17, 21; 1659:2, 3; 1661:23 PREVAIL (ii 1624:18 PREVENT (2] 1540:7; 1543:13 PREVENTING (i) 1542:2 PREVENTS (i) 1629:27 PREVIOUS (3) 1510:4; 1548:22; 1619:18 PREVIOUSLY [4] 1551:15; 1620:11, 13, 24 PRIMARY (il 1591:19 PRINT (1) 1614:3 PRINTED (i) 1632:3 PRIOR (2) 1543:6; 1582:2 PRIVATE (ij 1592:13 PROACTIVE (1) 1522:27 PROBE [ij 1531:4 PROBLEM (6) 1528:20; 1566:25; 1648:26; 1657:25; 1658:2, 10 PROBLEMS [31 1645:19; 1656:13, 17 PROCEDURES (i| 1577:10 PROCEED (il 1618:22 PROCEEDINGS (31 1493:10; 1618:18; 1659:6 PROCESS [I] 1621:20 PRODECHEK(i) 1563:21 PRODUCE (i| 1548:9 PRODUCED (si 1507:15; 1540:9; 1555:7; 1563:20; 1577:11 PRODUCER (3) 1526:27; 1527:1; 1540:26 PRODUCING (ij 1564:1 PRODUCTION (31 1540:10; 1546:2; 1559:14 PRODUCTOR (5) 1513:28; 1525:12; 1550:7; 1577:11; 1579:16 PRODUCTS (21) 1495:12; 1497:27; 1502:9; 1503:14; 1506:8; 1539:2; 1541:5; 1554:14, 28; 1581:13, 20; 1591:28; 1592:20; 1593:16, 17; 1602:18; 1606:4, 20; Transwestern v. Monsanto Word Index From PERIODICALLY to PRODUCTS HARTOLDMONOO11356 Baste Systems Applications 1607:27; 1614:14; 1636:28 PROFESSIONAL (2] 1833:1$; 1878:30 PROFESSOR !5| 1510:14, 17; 1515:6; 1548:13; 1608:17 PROFOUND (i] 1517:27 PROGRAM (7) 1510:19; 1514:5; 1533:27; 1592:3; 1605:12; 1612:12, 15 PROGRAMS (i) 1548:20 PROMOTE [i] 1507:4 PROMOTIONAL [i] 1540:4 PROMPTED (i) 1512:18 PRONUNCIATION (i) 1513:21 PROPER (3] 1518:13; 1613:12, 13 PROPERTIES (i) 1543:3 PROPERTY m 1539:19 PROPORTION (I] 1568:15 PROPOSED (i) 1599:6 PROTECT [4] 1515:8; 1538:26; 1613:9; 1636:28 PROTOCOLS [2] 1600:3; 1604:13 PROVED (i) 1593:4 PROVIDE (i) 1539:16 PROVIDED (2) 1496:27; 1646:23 PROVISIONS [2] 1494:3; 1551:14 PRUDELANE [i] 1563:22 PS (2) 1556:28; 1557:6 PSI (3) 1645:9, 24; 1646:24 PUBLIC (21 1534:20; 1535:13 PUBLICATION (6) 1498:11; 1499:19; 1514:25; 1518:6; 1563:19; 1574:9 PUBLICATIONS (2] 1554:16; 1593:2 PUBLICITY (3) 1497:21; 1523:3; 1564:9 PUBLICIZE (i) 1553:25 PUBLICIZED (ii 1568:15 PUBLISH (i) 1518:17 PUBLISHED (si 1518:19; 1533:17; 1550:6; 1574:16; 1593:28 PUBLISHING (i] 1514:28 PUMP (to) 1610:10; 1652:27; 1653:1, 2, 5, 8, 13, 16, 20, 21 PURCHASE [i] 1579:1 PURCHASED m 1579:4 PURCHASING (3) 1542:19, 25; 1578:18 PURE (5) Trial Transcript [December 3, 1993] 1518:26; 1519:1, 14; 1560:17; 1576:24 PURiLY (i 1 1535:19 PURPOSE oi 1496:21, 24, 26; 1515:18; 1556:14; 1558:6; 1604:5; 1641:22, 24 PURPOSES (21 1515:10; 1621:1 PUSH (2) 1542:6, 10 PUSHED [i] 1645:24 PUSHING (il 1645:23 PUZZLEMENT (i| 1524:26 "Q- QUALITIES (1) 1510:6 QUALITY m 1523:6 QUANTITIES (5) 1518:26; 1519:1, 14; 1557:6, 18 QUARTER (2) 1647:16, 23 QUESTION (291 1499:4; 1505:25; 1507:22; 1513:9, 14; 1517:23; 1519:9; 1529:24; 1532:1, 7; 1546:21; 1558:21; 1569:1, 5, 10; 1572:5, 9; 1577:19, 23, 25, 26; 1578:2; 1584:20; 1586:1, 2; 1631:23; 1645:4; 1657:5 QUESTIONED (4] 1532:23, 25; 1533:19; 1534:4 QUESTIONING (2| 1574:13; 1580:28 QUESTIONS (7) 1575:22; 1592:9; 1609:12; 1614:13; 1654:5; 1656:11; 1657:14 QUICKLY (il 1561:8 QUOTATION |il 1532:25 QUOTE (ii 1512:5 QUOTED (il 1533:7 - R- RABBIT (il 1598:8 RADCL (I] 1628:26 RADICAL (1) 1545 9 RADICALLY m 1520:21 RAILINGS (1] 1611:28 RAISE (il 1493:24 RAISED (2) 1525:23; 1533:6 RAISING (il 1575:22 RAN (31 1543:1; 1585:4; 1601:23 RAND (27) 1625:8; 1629:5; 1630:25; 1631:2, 9, 16, 22, 27; 1633:1; 1634:9, 24; 1635:1, 6, 24; 1636:14, 16; 1637:6, 10, 27; 1646:8, 20; 1648:13; 1649:4; 1650:2; 1654:12, 22; 1658:9 RANGE (2) I83$:g9; ieee:a RAPIDLY m 1561:24 RARE (i] 1593:11 RATE (5) 1589:18; 1590:21, 23; 1651:17; 1652:1 RAW (si 1542:26; 1591:27; 1592:19, 25; 1597:3; 1609:22 RE-INVOLVED (i) 1583:15 RE-NUMBER (i) 1624:26 REACT m 1656:24 REACTION (i) 1576:4 REACTORS (i) 1609:19 READ (171 1499:3; 1501:5; 1515:23; 1556:9; 1557:1, 2; 1567:7; 1574:28; 1575:4, 9, 18, 26; 1579:28; 1637:21; 1657:28; 1660:11 READILY (il 1543:23 READING (41 1516:11; 1586:20; 1587:3; 1590:4 READS (41 1559:1; 1560:15; 1563:2; 1566:21 REAL (21 1546:9, 23 - REASON [2] 1585:3; 1617:28 REASONS (i( 1546:3 RECALL (i9j 1509:1; 1530:9; 1532:12; 1544:16; 1567:27; 1604:26; 1605:1, 2, 8; 1606:27; 1608:13, 15; 1615:3, 13, 17; 1640:24; 1641:5; 1648:25 RECEIPTS (ii 1527:7 RECEIVED (it] 1495:2, 9; 1504:8; 1505:13, 16; 1506:11; 1507:24; 1521:21; 1556:11; 1558:8; 1615:17 RECEIVING (?i 1522:15; 1523:7; 1524:1; 1526:17; 1555:11; 1567:1; 1590:15 RECENT (i] 1543:7 RECESS (4) 1523:13, 15; 1550:19; 1618:16 RECIPIENTS (ii 1509:7 RECOLLECT (6) 1515:20; 1516:17; 1530:3; 1605:13; 1607:22; 1617:4 RECOLLECTION (i| 1616:3 RECOMMENDED (i) 1652:13 RECORD (s) 1494:9; 1587:8; 1609:14; 1627:27; 1628:23; 1631:19; 1658:28; 1659:4 RECORDS (21 1590:4; 1657:19 RECROSS (3! 1584:12; 1657:16; 1660:8 Concordance by Look-See(52) RECTANGLES (21 1632:3; 1634:11 RID |4| 1622:9, 12, 23, 27 REDIRECT (5) 1570:11, 14; 1585:22; 1654:9; 1660:8 REDUCE (1) 1566:8 REDUCED (i| 1629:21 REDUCING (il 1539:8 REEMPHASIZE (i) 1581:15 REFER (51 1584:14; 1609:7; 1612:26; 1629:17; 1640:5 REFERENCE [is] 1536:7; 1623:2, 13, 16; 1628:13, 15, 16; 1629:10; 1631:6; 1634:17, 22; 1642:23, 26; 1649:19, 26; 1651:9, 11, 15 REFERRED (is) 1498:26; 1499:7, 8; 1506:26; 1513:16; 1534:6; 1536:21; 1545:11; 1564:26; 1602:20; 1608:16; 1610:25; 1614:28; 1615:15; 1624:10 REFERRING [121 1498:17, 25; 1500:2, 4; 1501:25; 1520:25; 1534:11; 1575:27; 1581:24; 1608:18; 1616:13; 1646:18 REFERS (3) 1527:21; 1611:2,9 REFINEMENT (i) 1583:27 REFLECT m 1552:20 REFLECTED (2| 1509:18; 1582:10 REFRESH (2! 1500:24; 1551:24 REGARD (11 1600:21 REGARDING (s) 1540:4; 1568:13; 1569:16; 1614:14; 1632:8 REGISTERED (11 1504:2 REGULAR (i) 1589:17 REGULATES (3] 1580:16, 20; 1649:24 REGULATING (1] 1646:23 REGULATOR (71 1649:14, 16, 22; 1650:2, 5, 8; 1655:13 RELATE (11 1554:26 RELATED (sj 1498:6; 1505:25; 1524:4; 1525:13; 1556:21; 1604:28; 1606:3; 1658:11 RELATES (i) 1570:17 RELATIONSHIP [21 1560:25; 1607:21 RELATIVE (il 1634:1 RELATIVELY m 1656:20 RELAYED (i) 1567:28 RELAYING 01 1508:14 RELEASE (301 1512:10; 1513:6, 24, 28; DPOFFAQinNAI to RF| FARF Wnrrl Indpv TransWfi;tern V Monsanto HARTOLDMONOO11357 3as.c Systems ADpnc3itons 1514:3, 5, 9; 1519:22, 25; 1520:4, 11. 16, 18; 1525:12; 1550:6; 1554:21; 1562:1; 1564:4, 6, 8; 1577:5, 15, 27; 1578:6, 8; 1579:22, 24, 27; 1584:17, 28 RELEASED (i) 1552:1 RELEASES [t] 1560:3 RELIABILITY (i) 1546:22 RELY (i) 1537:6 RELYING (i| 1646:11 REMAIN (i) 1561:17 REMAINDER (i] 1561:11 REMAINED |2| 1586:2; 1588:20 REMEMBER (3) 1600:11; 1617:9; 1636:4 REMIND (i) 1618:8 REPAIR W 1657:20 REPEAT (i) 1499:4 REPORT |6] 1498:19, 20; 1524:2; 1556:18; 1658:4, 6 REPORTED [to) 1510:8; 1511:4; 1512:21; 1547:13, 24; 1549:13; 1554:16; 1555:16; 1578:20; 1585:9 REPORTER (3) 1493:6; 1551:6; 1661:27 REPORTING (16) 1498:16; 1502:26; 1509:10, 12; 1511:10; 1512:4; 1514:21; 1515:10; 1522:13; 1536:28; 1546:22, 27; 1548:25; 1561:26; 1574:9; 1579:28 REPORTS (6) 1512:18; 1522:25, 27; 1535:14; 1574:26; 1597:3 REPRESENT (i) 1634:13 REPRESENTATIVES |i) 1625:23 REPRESENTED [t] 1626:25 REPRESENTS [a] 1622:12, 14 REPRODUCE (2) 1533:28; 1534:1 REPUTATION [i] 1533:18 REQUEST (2) 1562:20; 1570:2 REQUESTED (i) 1518:21 REQUESTS (2) 1567:18, 22 REQUIRED (6) 1518:20; 1602:1, 6, 25; 1603:17; 1605:23 RESCRUTINIZE [i] 1556:20 RESEARCH [17) 1501:7; 1514:5, 13; 15J8.J2; 1524:20; 1532:15; 1535:14; 1549:11; 1559:3; 1560:15; 1561:20; 1562:19; 1577:6, 7; 1579:3; 1599:18; 1600:15 RESEARCHER (i) 1521:3 RESEARCHERS (4) I rial iranscript [December 3, 1993] 1510:8; 15$1:2; 1524:10, 17 RESERVED [2| 1544:12; 1624:24 RESERVOIR [i) 1652:21 RESERVOIRS [i] 1522:17 RESIDUE (i| 1512:27 RESIDUES [7) 1510:1; 1514:17; 1528:26; 1549:14, 20; 1552:3; 1557:19 RESOLUTION (3) 1627:22; 1628:6, 9 RESPECT [4) 1605:15, 20; 1613:18, 27 RESPECTIVE (i) 1493:12 RESPOND (11 1567:25 RESPONDED (i) 1570:1 RESPONDING (3) 1532:1, 6; 1609:11 RESPONSE (3) 1569:25; 1617:13, 15 RESPONSIBILITIES (8) 1535:25; 1541:16; 1588:7; 1591:9, 15; 1592:16; 1612:10; 1614:12 RESPONSIBILITY [8) 1569:21; 1591:25; 1592:18, 23; 1612:22; 1613:18, 26; 1614:5 RESPONSIBLE (it) 1538:11; 1539:2, 3; 1554:15; 1555:28; 1556:16; 1592:1, 4, 8; 1597:1; 1612:23 REST (2) 1534:14; 1588:8 RESTRICTION (i) 1624:15 RESULT |i] 1568:12 RESULTS (4| 1511:10; 1512:4; 1518:13; 1607:22 RESUME (3) 1550:14, 17; 1618:13 RESUMEDm 1618:18 RESUMING [4) 1493:10; 1523:13, 16; 1551:8 RETARDANT m 1539:19 RETENTION (t| 1580:6 RETIRED (3) 1587:14, 18; 1588:21 RETIREMENT m 1543:7 RETURN (6) 1523:14, 19; 1542:22; 1550:16; 1594:24; 1618:14 RETURNED |4) 1511:3; 1543:1; 1579:5; 1601:9 REVEALED [2) 1497:26; 1554:27 REVERSED (i| 1594:16 REVIEW (3) 1548:21; 1629:5; 1634:15 REVIEWED (4) 1555:21; 1567:17; 1637:9; 1657:19 REVIEWING (i) 1532:4 RICHARD [2) 1532:13, 15 RICHARDSON (7) 1509:11, 20, 24, 25, 26; 1510:2; 1530:8 RIGHT-HAND (s) 1505:11, 15; 1627:12, 16; 1628:10 RING [28) 1526:9; 1544:28; 1545:2, 4, 6, 20; 1623:22; 1624:2; 1628:28; 1629:26, 27; 1630:5, 7, 12, 14, 23, 24, 26; 1631:1, 4; 1633:7, 8, 10, 20, 21; 1634:4; 1656:28; 1657:1 RINGED (i) 1545:3 RINGS (ii) 1545:7; 1565:8, 10, 12; 1629:24; 1630:2, 27; 1633:5, 6, 12, 15 RIP (i) 1571:25 RISE (2) 1500:22; 1549:28 , RISING (7) 1495:25, 27; 1497:3, 7; 1548:19; 1554:13; 1573:23 ROAD [i] 1603:15 ROBERT [4] 1587:9; 1620:9, 18; 1660:13 RODENT (i) 1598:7 RODENTS (i) 1598:7 ROLE (i) 1538:17 ROLLERS (t) 1611:27 ROOM (i) 1597:28 ROTATED (i) 1654:18 ROTATION (i) 1631:11 ROTOR [7) 1623:17; 1624:3; 1628:25; 1633:22; 1634:11; 1644:13; 1645:28 ROUTES [1] 1594:23 ROUTINE (i| 1596:14 ROUTINELY (i) 1548:18 ROUTING [ij 1614:18 RPM (2) 1653:27; 1654:1 RUN (7) 1576:1; 1579:11, 18; 1580:4; 1595:26; 1596:3; 1597:21 RUNNING (t) 1584:28 -S- S-K-l-N-K-E-R (i| 1587:12 SAFE (7) 1507:20; 1592:5; 1612:24, 27; 1613:7, 16, 19 SAFEGUARDS (i) 1546:13 SAFEPLEX (4) 1494:25, 26; 1543:8 SAFER [2) 1539:25; 1544:14 SAFETY (3) 1528:26; 1538:25; 1543:10 SALES (2) 1507:5; 1602:14 SALESMAN (i) 1 .30a .eeS .: 1538:3 SALMON (2) 1498:21; 1500:7 SALYER [3] 1493:6; 1551:6; 1661:27 SAMPLE (6) 1562:18; 1579:10; 1580:4, 7, 8; 1586:5 SAMPLES (i2) 1496:19; 1525:28; 1549:24; 1552:26; 1560:16; 1575:11; 1579:18; 1582:8, 11, 22; 1585:1, 4 SAN (l) 1661:26 SATISFACTORILY |i) 1585:6 SATURATED [i] 1597:28 SAVE (1) 1533:4 SAVED [21 1516:18; 1543:12 SAYING (16) 1512:17; 1525:15; 1533:10, 20, 21; 1567:10; 1574:13, 16; 1575:22; 1577:15, 28; 1578:12; 1585:24; 1613:6; 1615:21; 1656:23 SCANDINAVIA (i) 1501:18 SCANDINAVIAN [t] 1563:4 SCENE (i) 1627:28 SCHEDULE [3) 1586:24; 1619:13, 17 SCHEDULING (i) 1619:19 SCIENCES (i) 1495:6 SCIENTIFIC (3) 1510:15; 1514:27; 1520:23 SCIENTIST (3) 1510:6; 1564:14, 15 SCIENTISTS (2) 1546:26; 1573:13 SCOTT [9) 1530:14, 26; 1531:25; 1532:7, 11, 20, 27; 1534:9; 1580:27 SCREEN [4) 1544:8; 1558:28; 1626:20; 1627:16 SEA (3) 1500:9; 1532:24; 1534:5 SEALS (8) 1635:15; 1643:14, 19, 28; 1644:4, 8, 10; 1650:12 SEARCH (i) 1524:12 SEATED (i) 1494:7 SECOND [2i) 1496:7; 1498:13; 1501:4, 6, 10; 1511:16, 21; 1512:5; 1521:24; 1522:26; 1528:17; 1533:4; 1558:19; 1560:9; 1573:16; 1584:16, 27; 1627:6; 1629:25; 1632:4; 1633:4 SECTION (2) 1564:22; 1601:22 SECURE (1) 1539:19 SELL [i] 1507:16 SELLING (5) 1495:18; 1506:8; 1538:11; 1540:11; 1554:21 SEND (6) 1504:8; 1513:27; 1601:13, 24; Transwestern v. Monsanto Word Index From RELEASED to SEND HARTOLDMONOO11358 Basic Systems Applications 1604:2, 7 SENDING (3) 1505:6; 1511:23; 1556:14 SENECA (2) 1626:9; 1639:6 SENSATIONAL [2) 1515:9; 1575:13 SENSE (4) 1517:16; 1524:15; 1527:23; 1611:9 SENSIBLE (i) 1559:18 SENSITIVE [i] 1559:28 SENTENCE (4) 1534:3; 1561:11; 1563:18; 1569:8 SEPARATE [1] 1629:10 SEPARATELY (i) 1550:11 SEPTEMBER [2] 1494:18; 1515:24 SERIES [4] 1553:21; 1555:16; 1558:12; 1576:16 SERVED m 1591:5 SERVES [i] 1623:23 SERVICE (5| 1588:5, 11; 1599:10; 1605:28; 1613:23 SET-UP (i) 1643:9 SETTING |i) 1592:2 SETUP in 1643:4 SEVEN (11 1656:21 SEVERELY [i] 1543:16 SHAFT (25) 1622:10, 15; 1623:6, 8, 17; 1624:16; 1627:13, 14, 15; 1629:3, 12; 1631:5, 11, 12; 1633:9, 12; 1634:12, 21; 1643:18; 1647:15; 1648:16, 20; 1654:15, 18 SHANAGHER (i] 1661:23 SHAPE (il 1627:4 SHARED (il 1568:21 SHEARMAN [i| 1661:19 SHEET (tl 1543:9 SHEETING (i) 1611:28 SHEETS (il 1543:10 SHELF (21 1496:6, 7 SHELL (a] 1509:8, 11, 12, 17, 27; 1529:8, 13, 26 SHIPPED [i] 1626:8 SHOULDER (6| 1647:15, 17, 22; 1648:20; 1654:11, 13 SHOW (9] 1520:7; 1544:1, 5; 1557:13; 1562:3; 1621:2; 1628:14, 22; 1647:26 SHOWING (2) 1496:21, 26 SENDING to STAMP Trial Transcript [December 3, 1993] SHOWS (21 1547:6; 1627:11 SHUTDOWNS (i] 1649:5 SIDES (41 1515:27; 1643:14; 1654:22; 1655:25 SIGN (ii 1527:7 SIGNATURE (2) 1511:17, 20 SIGNIFICANCE [i] 1633:17 SIGNIFICANT (8] 1561:25; 1591:12; 1635:13; 1643:13, 24; 1645:17; 1655:15; 1656:16 SIGNIFICANTLY (1) 1637:2 SIGNIFY (il 1598:4 SIMILARITY (3) 1618:25; 1619:9; 1638:5 SIMPLE (6) 1544:28; 1545:8; 1650:13, 14, 16; 1655:17 SIMPLIFYING (i) 1CQ7-1Q SIMPLISTICALLY (i) 1535:3 SINGLE (2) 1621:14 SINGLE-PAGE (i) 1625:5 SINGLE-STAGE (2) 1632:22; 1643:17 SIR (42) 1493:24; 1501:25; 1513:13; 1538:6; 1543:17; 1548:12; 1554:9; 1555:11; 1556:15; 1557:15, 28; 1559:1, 11; 1560:8; 1563:1; 1564:5; 1566:18, 28; 1567:5; 1568:10, 16, 28; 1570:10; 1584:20; 1585:11, 20; 1587:17; 1588:27; 1620:28; 1621:8; 1622:28; 7635:27; 1639:9; 1641:3; 1643:12; 1646:18, 22; 1649:14; 1653:8; 1656:12; 1658:14, 17 SISTERS (ii 1575:15 SITES (i) 1547:12 SITUATION [6] 1556:5; 1559:5, 26; 1567:10; 1594:15; 1596:5 SITUATIONS (i) 1557:25 SIX (4) 1542:28; 1544:28; 1575:15; 1644:18 SKETCH (i) 1543:28 SKIM (i] 1564:3 SKIN (4) 1500:22; 1559:24, 25; 1597:25 SKINKER [il 1587:12 SKIP (5] 1511:6; 1556:27; 1558:1, 24; 1560:8 SKIPPING (2) 1562:15, 28 SLATED (ii 1619:12 SLIGHT m 1646:6 SLIGHTLY (i) 1647:25 SLINGER (9) 1623:22; 1647:13, 18, 19, 20, 27; 1648:1, 10; 1654:14 SLIVERS (i) 1543:16 SLOWER [il 1500:21 SMALLER (31 1561:1; 1644:22; 1657:1 SOCIETY (il 1543:5 SODIUM (il 1557:8 SOLD (17) 1503:17; 1508:22; 7538:78; 1539:7, 11; 1566:1, 3, 13, 17; 1571:3, 6, 9, 10; 1582:17, 24; 1604:23; 1626:6 SOLICIT (il 1599:4 SOLICITING (il 1599:9 SOLID (6) 1547:20; 1562:7, 12; 1565:1; 1566:8; 1601:17 SOLIDS (2) 1525:17; 1562:10 SOLUTIONS (i) 1545:19 SOLVENCY (i) 1559:25 SOMEBODY (5) 1543:27; 1602:11, 21; 1615:22; 1640:27 SOMEONE (i) 1566:23 SOMEWHAT (21 1553:3; 1657:3 SOMEWHERE (i) 1651:25 SORE (i) 1545:18 SOREN (231 1501:21; 1509:28; 1510:7, 16, 18, 25; 1512:25; 1515:5; 1516:14; 1521:3, 6; 1551:28; 1553:20; 1558:15; 1566:12; 1568:17, 25; 1574:27; 1576:10; 1577:10; 1579:13; 1582:9; 1584:4 SORRY (9) 1493:14; 1507:28; 1532:3; 1536:12; 1554:6; 1584:15, 21; 1649:23; 1657:9 SORT (ii) 1502:24; 1516:25; 1528:25; 1552:23; 1574:13; 1575:21; 1576:21; 1588:9; 1599:15; 1607:11; 1622:25 SORTED (il 1546:25 SOUND (i) 1509:22 SOUNDNESS (ii 1509:20 SOUNDS |i| 1540:12 SOUP (il 1503:21 SOURCE (1) 1658:5 SOURCES (il 1502:9 - SOUTH (2] 1587:12; 1661:21 SOUTHPLEX (21 1494:22; 1543:8 SPACE (5) 1601:20; 1623:14, 15; 1628:20; 1633:20 Concordance by Look-See(54) SPACER (ii 1623:21 SPACES (i) 1562:4 SPARK (ii 1539:21 SPEAK (2] 1517:13; 1641:2 SPECIALITY (2| 1504:15; 1540:20 SPECIES (3) 1560:25; 1598:6, 7 SPECIFIC (i] 1517:5 SPECIFICALLY (5] 1549:18; 1555:5; 1568:2; 1576:26; 1584:16 SPECTROGRAPHIC (i| 1550:1 SPECTROGRAPHS (ij 1562:17 SPECTROMETER (8] 1513:18, 21; 1520:27; 1552:14; 1579:1, 7; 1585:2 SPECTROMETERS (i| 1578:25 SPECULATION (2) 1498:28; 1503:8 SPEED (i) 1654:19 SPELL (il 1494:8 SPELLED (i) 1499:28 SPEND (I) 1549:6 SPENT (3) 1540:28; 1542:24; 1548:25 SPILL (21 1583:1; 1610:14 SPIRIT (i) 1563:26 SPOKE (21 1640:27; 1641:6 SPOLYER (5) 1615:19, 28; 1616:4; 1617:7, 18 SPORTY m 1657:6 SPREAD (i) 1514:17 SPRING (31 1581:20; 1655:21, 26 SPURRED (1) 1575:21 SQUARE (il 1645:1 ST (44) 1494:20; 1504:9, 12, 16; 1505:3, 8, 19; 1506:22; 1508:16, 18, 25; 1511:4, 9, 24, 27; 1512:1, 13; 1515:16; 1519:18; 1520:11; 1521:9; 1522:2, 4, 13,14, 19; 1528:19; 1530:13, 27; 1532:10, 14; 1536:19, 25; 1537:5; 1548:26; 1553:10; 1555:17, 24; 1567:9; 1577:4; 1578:21; 1579:25; 1587:13; 1588:3 STAFF (4) 1523:10; 1537:5; 1540:8; 1588:18 STAGE (41 1546:15; 1570:5; 1621:14; 1627:6 STAGES (1] 1632:11 STAIN [ii 1557:10 STAMP (ii 1501:27 Word Index Transwestern v. Monsanto HARTOLDMONOO11359 Baste Systems Accncattons STAND (2| 1496:7; 1499:12 STANDARD [i| 1597:26 STANTON (3) 1625:9, 11, 15, 25; 1626:5; 1627:9; 1629:6; 1631:26; 1632:9, 17; 1635:25; 1636:11; 1637:11; 1639:4, 8; 1640:14; 1641:11, 22; 1642:10, 16, 27; 1643:28; 1644:13, 28; 1645:16, 28; 1648:27; 1649:14; 1650:18; 1651:8, 20; 1652:2, 11, 22, 27; 1653:11, 18, 22, 27; 1657:21, 25; 1658:8, 9 START (5) 1517:27; 1539:17; 1575:22; 1592:25; 1619:2 STARTED [io) 1494:27; 1518:22; 1581:21; 1588:1; 1593:25; 1596:9; 1602:9; 1605:12; 1638:3; 1649:10 STARTING (4) 1495:11; 1515:25; 1516:3; 1554:11 STARTUPS (i| 1649:5 STATE (7) 1494:8; 1580:19; 1587:7; 1609:13; 1615:20; 1617:28; 1620:17 STATED [i| 1502:12 STATEMENT (6) 1498:7; 1499:17; 1500:17; 1514:8; 1523:5; 1567:6 STATEMENTS [2) 1517:27; 1559:9 STATES (17) 1498:2; 1522:23; 1523:4; 1527:4; 1528:22, 23; 1541:3, 12; 1542:15, 19, 22; 1545:12; 1553:13; 1569:16; 1580:16; 1581:9; 1583:16 STATING (i) 1534:17 STATION [5) 1625:12; 1626:9; 1627:9; 1640:13; 1650:3 STATIONED [i] 1631:1 STAY (i) 1542:21 STAYED (ii 1588:4 STEADY (i) 1650:12 STEMS (i| 1499:18 STEPS [I) 1541:22 STERLING [i] 1661:19 STICK [1) 1517:9 STIPULATED [i] 1657:23 STIR [2J . 1534:15; 1535:2 STOCKHOLM (to) 1497:23; 1506:12; 1510:15; 1520:20; 1521:2; 1548:20, 27; 1556:11; 1558:9; 1568:17 STOP [4] 1550:12; 1583:5; 1586:27; 1630:3 STOPPED (2) 1518:22; 1542:14 STORES [11 Trial Transcript [December 3, 1993] 1542:9 STRAIGHT (il 1537:25 STRAND (7) 1495:26, 27; 1497:4, 8; 1548:19; 1554:13; 1573:23 STRANGE [I] 1553:21 STREET [4] 1541:28; 1661:21, 25, 28 STRESSED (t| 1563:12 STRIKE [il 1539:17 STRUCTURE (i) 1549:28 STRUCTURED (i) 1604:21 STUDIED (i| 1495:4 STUDIES (14) 1496:18; 1597:3; 1606:2, 6, 12, 19, 23, 25; 1607:1, 4, 5, 23, 26; 1608:9 STUDY [51 1509:13; 1546:11; 1562:27; 1597:8; 1607:9 STUFF (2) 1601:15, 19 STUFFED (ii 1515:20 SUBJECT [71 1507:27; 1512:9; 1513:5; 1517:28; 1522:24; 1554:21; 1555:9 SUBSTANCE [21 1501:14; 1559:23 SUBSTANCES [4] 1500:4; 1504:3; 1514:13; 1559 3 SUBSTANTIAL [i] 1525:5 SUBSTANTIALLY [i] 1528:6 SUBSTITUTED (i) 1545:20 SUCCESSES (1) 1548:21 SUCTION (71 1641:28; 1642:28; 1643:2, 3, 7; 1649:18; 1653:12 SUFFERED (i) 1585:16 SUFFICIENT [i] 1546:8 SUGGESTED (i) 1556:19 SUGGESTION (t) 1504:6 SUIT [2] 1657:8; 1658:25 SULPHINATED (i) 1563:16 SUMMER m 1581:20 SUPERVISOR (4) 1495:12; 1538:17; 1539:5; 1564:17 SUPPLIED (1) 1538:26 SUPPLIER (3) 1592:27; 1593:17; 1652:12 SUPPLIERS (2) 1542:25; 1563:23 SUPPLY [4) 1560:16; 1571:16; 1653:9, 12 SUPPLYING [2] 1563:3; 1571:12 SUPPORT [3] 1518:25; 1519:7, 12 SUPPORTED [2] 1540:5; 1583:17 SUPPOSE (1) 1503:4 SUPPOSED (51 1595:17, 19; 1601:16; 1609:20; 1610:2 SURFACE (i| 1500:14 SURPRISE [2] 1523:28; 1524:26 SURROUNDING (i) 1506:8 SUSPECT [1] 1546:3 SUSTAINED (2) 1567:4; 1568:27 SWALLOW [il 1607:14 SWEDES (21 1531:6; 1579:12 SWEDISH (32) 1498:14, 15; 1500:18, 20; 1501:14; 1502:4, 20; 1503:1; 1504:3; 1506:19, 28; 1507:27; 1509:13; 1512:18; 1514:18; 1515:2; 1519:5; 1523:25; 1524:17, 20; 1536:19; 1546:4; 1550:5; 1552:2; 1553:17; 1554:17; 1555:9; 1563:24; 1564:1; 1573:13; 1574:11, 27 SWIMMING (i) 1553:4 SWING (2) 1542:5 SWORN (5) 1493:25; 1494:3; 1551:15; 1620:11, 14 SYSTEM [491 1539:21; 1540:11; 1561:6; 1598:22; 1599:8, 26, 28; 1600:4; 1609:11, 15; 1610:9, 17, 20, 26; 1611:1, 2, 12, 17, 20; 1612:8; 1614:17, 23, 24; 1616:19, 22; 1618:27; 1621:18; 1622:1; 1625:20, 21; 1626:4; 1627:10; 1628:9; 1629:14; 1631:22; 1632:19, 27; 1633:1; 1638:8; 1641:19; 1646:9, 21, 23; 1651:19; 1652:2; 1656:14, 17, 25, 26 SYSTEMS (9) 1528:6; 1539:14, 24; 1542:13; 1582:19, 28; 1583:7, 11; 1656:23 -T- TABLET (ii 1540:25 TALK (7) 1505:24; 1538:13; 1544:5; 1548:20; 1593:6; 1639:22; 1649:1 TALKED (is) 1509:26; 1510:2; 1553:10; 1558:14; 1576:9; 1611:12, 13; 1615:28; 1625:11; 1639:9, 11, 12, 13; 1641:7; 1649:2 TALKING (20) 1509:8; 1517:4; 1539:22; 1545:3; 1547:16; 1551:22; 1552:24; 1555:5; 1556:24, 25; 1573:19; 1577:1; 1579:13, 15; 1630:4; 1637:11; 1638:4; 1640:6; 1646:27; 1658:3 TANK [21 1609:25; 1627:6 TARGET (il 1618:4 Concordance oy cock 3eeiS;i TECHNICAL 1519:3; 1522:23; 1538:3; 1540:5; 1546:20 TECHNIQUE (i| 1562:25 TECHNIQUES (3) 1549:17; 1552:19; 1569:16 TECHNOLOGY (7] 1535:23; 1549:17; 1550:9; 1562:23; 1580:25; 1583:26; 1657:26 TELEPHONE (3) 1537:1; 1614:25; 1615:18 TELLING (6) 1497:19; 1501:13; 1519:6; 1522:18; 1523:26; 1574:26 TEMPERATURE (a) 1502:16; 1595:18, 21; 1598:1; 1601:18; 1651:9; 1652:10, 21 TEMPERATURES (2) 1595:25, 28 TEMPORARY (3) 1522:6; 1616:15, 18 TEN (i) 1523:11 TEND (21 1552:28; 1657:3 TERM (19) 1499:10; 1560:24; 1561:4; 1563:9; 1573:26; 1574:1; 1577:16, 28; 1578:8; 1598:3; 1607:5; 1609:10, 15; 1610:1, 20, 28; 1612:6, 26; 1616:11 TERMED [ii 1503:5 TERMINOLOGY (1) 1512:20 TERMS (iai 1497:17; 1513:11; 1514:6; 1519:3; 1539:26; 1543:18; 1552:19; 1553:20, 24; 1560:3; 1561:5; 1563:16; 1565:3; 1596:2; 1607:8; 1626:14; 1637:7; 1650:8 TERRIBLE (i) 1639:10 TEST (4) 1514:13; 1578:15; 1586:5; 1597:26 TESTIFIED (4) 1494:4; 1551:15; 1620:11, 24 TESTIMONY (io| 1546:18; 1589:1, 13; 1590:9; 1619:3, 6; 1620:4; 1621:4; 1624:7; 1630:5 TESTING (a] 1596:7, 11, 14, 15, 20, 22 TESTS |5] 1512:27; 1595:26; 1596:4, 19 TETRACHLOROBIPHENYL (i] 1565:19 TEXAS [2] 1637:22, 24 TEXT [t] 1532:20 THANK [14] 1523:14, 18; 1544:27; 1551:10; 1554:1; 1570:10, 12; 1585:20; 1586:16; 1587:2; 1620:6; 1645:14; 1658:17, 22 THANKS [i] 1564:21 THEREAFTER (i) 1538:3 THINKING (2) 1524:1; 1557:6 THIRD [si 1509:18; 1522:25; 1529:22, 25; 1536:21 THOROUGHLY (i) Transwestern v. Monsanto Word Index From STAND to THOROUGHLY HARTOLDMONOO11360 Basic Systems Applications 1631:11 THOUSAND (t) 1543:25 THOUSANDTHS (4) 1644:17, 19; 1646:1, 3 THREE (t7) 1514:3; 1537:2; 1572:16, 20; 1575:1, 15; 1586:27; 1592:1; 1612:19; 1615:25; 1616:9; 1629:24; 1630:27; 1633:4, 6; 1643:28; 1644:16 THREE-POUND (t) 1656:25 THROAT |i| 1545:18 THROUGHPUT (i) 1649:10 THROW (2) 1571:26, 27 THROWS (t) 1654:19 THRUST (2) 1514:16; 1561:19 TIES (t] 1623:14 TIMBER (4) 1525:5; 1546:1; 1557:10, 23 TIMES [2] 1620:4; 1642:11 TISSUE (i| 1582:7 TISSUES (2| 1561:17 TITLE (4| 1505:21; 1638:20; 1639:25, 27 TOTAL (ti 1557:6 TOTALLY [31 1577:3; 1581:17; 1583:10 TOUCH [i] 1537:22 TOWARDS (5) 1528:16; 1622:21, 22; 1635:7, 9 TOXIC (3) 1559:21, 22; 1560:6 TOXICITY [4] 1597:27; 1607:4, 12, 26 TOXICOLOGICAL (22) 1529:3; 1591:26; 1592:5, 19; 1593:13; 1594:25; 1595:4; 1596:6, 22; 1597:2; 1598:15; 1599:1, 3; 1605:6; 1606:1, 5, 19; 1612:25; 1613:2, 27; 1614:1; 1618:3 TOXICOLOGIST (i) 1604:19 TOXICOLOGY (3) 1597:11, 22; 1601:23 TRACE (3) 1557:17; 1585:17; 1611:5 TRACES (i) 1557:14 TRADE (3) 1503:13, 15; 1608:21 TRADING (i| 1507:12 TRAINING (t) 1538:6 TRANSCRIBED (!) 1515:15 TRANSFER (5) 1525:10; 1615:23; 1616:12, 19, 21 TRANSFORMER (s) 1541:20, 22; 1542:3; 1566:11; 1611:15 TRANSFORMERS (5) 1541:20, 27; 1559:16; 1570:22, 25 TRANSFORMING m Trial Transcript [December 3, 1993] 1539:7 TRANSITIONING (t) 1541:10 TRANSLATE (i| 1565:3 TRANSLATED (2j 1500:18; 1546:18 TRANSLATES (2| 1498:14; 1500:3 TRANSLATION (6] 1498:12; 1500:11, 13, 20; 1502:20, 28 TRANSMISSION (i) 1618:26 TRANSMITTED HI 1506:23 TRANSPORT [2] 1569:77; 7585:7 TRANSWESTERN (24) 1493:11, 22; 1494:2; 1504:20; 1508:3, 6; 1511:7, 8; 1520:2; 1531:10, 24; 1536:13; 1551:13; 1618:24; 1620:10, 27; 1621:2, 6, 19, 22; 1624:19; 1630:10, 16; 1646:13 TRAP (6) 1623:77, 12; 1631:13; 1634:28; 1650:19; 1656:4 TRAPS (2) 1650:25; 1651:8 TRAVEL (2| 1548:24; 1622:16 TRAVELED (i) 1510:22 TREATMENT (2) 1546:1; 1557:9 TREES (2| 1500:15; 1525:28 TREMENDOUS (i) 1523:3 TRIAL (3) 1493:10; 1586:17; 7658:23 TRICHLORO (i| 1566:5 TRICHLOROBIPHENYL (ij 1565:17 TRINITY (ii 1495:3 TRIP (4) 1511:4, 10; 1512:4; 1566:23 TROUBLE (2) 1513:20; 1594:8 TROUBLED (ij 1533:3 TRUE (3) 1496:27; 1518:12; 1520:8 TRUTH (i) 1620:14 TUBE (i) 1539:18 TUCKER (161 1530:14, 26; 1531:26; 1532:1, 7, 11, 21, 27; 1534:9; 1535:6; 1568:8; 1569:25; 1570:2; 1580:27; 1582:1, 3 TURBINE (3) 1636:27; 1653:10, 23 TURBINES (i) 1538:8 TURBINOL (9) 1538:11; 1539:1, 3; 1570:17, 19, 21, 22; 1573:5; 1625:26 TURBINOL-153 (21 1604:24, 28 TURNING (41 1517:19; 1524:5; 1557:17; 1623:8 TWO-STAGE (3) 1621:6; 1627:11; 1632:24 TYPE (is] 1527:3; 1540:21; 1546:4; 1547:18, 23; 1549:27; 1576:27; 7578:27; 1604:10; 1608:23; 1609:25; 1616:15, 18; 1620:26; 1625:8; 1649:13, 15; 1651:4 TYPED (t) 1511:18 TYPES (41 1502:9; 1525:11; 1541:18; 1583:19 -u- U.S. (21 1536:26; 1542:24 UH-HUH (ill 1501:1; 1502:18; 1503:11; 1505:1; 1533:9; 1553:6; 1560:13; 1569:9, 27; 1575:8; 1580:14 UK (2) 1509:8; 7528:2 ULTIMATE (ii 1609:27 ULTIMATELY (i] 1561:1 UNABLE (ii 1616:6 " UNCLEAR (ti 1557:5 UNDERLINING [ij 1558:22 UNDERSTAND (to) 1499:9; 1506:7; 1543:23; 1547:2; 1570:16; 1591:11; 1635:24; 1645:16, 17; 1657:18 UNDERSTANDING [21] 1499:2; 7503:2; 1509:26; 1524:10; 1541:18; 1551:25; 7558:77; 1564:6; 1566:28; 1567:8; 1582:4; 1618:28; 1619:1; 1625:24; 1629:4, 14; 1634:16; 1636:20; 1640:9; 1641:21; 1657:24 UNDERSTOOD (4) 7562:25; 7568:78; 1621:4; 1628:4 UNEXPLAINED (t| 1549:25 UNFAMILIAR (i) 1583:10 UNFORTUNATE (i) 1559:5 UNIQUE (i| 1550:5 UNITED (14] 1523:4; 1527:4; 7528:27; 1541:2, 11; 1542:15, 19, 21; 1545:11; 1553:13; 1569:16; 1580:16; 1581:9; 1583:76 UNITS [6] 1638:6; 1639:2; 1643:10, 25; 1645:10; 1648:22 UNIVERSAL (ii 1548:6 UNIVERSITY (4) 1495:3; 1497:23; 1596:17; 1606:7 UNNOTICED m 1599:27 UNNUMBERED (tj 1624:21 UNOBSERVED (2) 1564:23; 7577:72 UNPROFESSIONAL (i) 1517:13 UNQUALIFIED (ti 1559:9 UNWISE (4) 7577:72; 1536:20; 1537:10, 13 Concordance by Look-See(56) UPDATE (t] 1558:7 UPPER (i) 1505:11 USAGE [i] 1523:23 USEFUL (i) 1543:4 USER (i| 1613:10 USES (3) 1502:14; 1577:16, 28 USUAL (tj 1548:23 UTILITIES [i) 1542:11 UTILIZATION [2] 1539:13; 1542:12 - V- VALID [i] 1567:15 VALVE [3] 1646:24; 1655:19 VANISHING [t] 1561:24 VAPOR (t) 1601:18 VAPOR-PHASE m 1559:19 VARIABLE (i] 1595:3 VARIED (2) 7589:27; 7594:26 VARIETY (2) 7502:10; 1567:18 VARY (3) 1642:13; 1652:19; 1656:4 VELOCITY (21 1623:8; 1654:17 VENDORS (2) 1596:23, 25 VENTED (3) 1651:9, 13 VENTILATION (i] 1595:26 VERIFIED m 1631:25 VERSUS (2) 1493:11; 1554:24 VIA (i| 7575:77 VIEW (11 1621:23 VIEWS (ti 1546:27 VIRGINIA (8] 1625:13, 20; 1626:9; 1632:19; 1639:6; 1640:28; 1641:3, 13 VISCOSITY (11 1566:8 VISIT (7) 1511:2; 1512:19, 24; 1514:21; 1549:1, 10; 1567:2 VISITED (ti 1558:14 VISITING (i| 1530:12 VISUALIZE (t| 1696-Q VOLATILITY (ti 1601:18 VOLTAGE (4t 1539:8; 1541:22, 23 VOLTAGES (1] 1539:10 VOLUME [4] 1531:19; 1540:20; 1587:4; 1660:1 THOUSAND to VOLUME Word Index Transwestern v. Monsanto HARTOLDMONOO11361 Baste Systems Applications VOLUMES (2| 1528:8; 1557:8 - w- W-O-O-D (i) 1494:11 WAIT [i) 1513:13 WAITING |i] 1493:15 WALKER (i) 1661:23 WANTED (13] 1517:1; 1518:23; 1520:19; 1523:19; 1524:9; 1531:2, 4; 1542:21; 1548:28; 1554:18; 1556:4; 1559:28; 1563:26 WANTING (i] (2)1534:15 WARNING 1581:13, 19 WASTE (2] 1507:21; 1571:19 WATCH (2) 1616:1; 1617:24 WATCHING [i] 1617:26 WATER (2] 1557:9; 1561:2 WAYS (i| 1658:16 WEAR (2] 1657:7; 1658:25 WEEK (2| 1619:11, 22 WEEKEND [2] 1618:7, 12 WEIGHT (2] 1526:8; 1608:28 WELL-ESTABLISHED (i] 1503:26 WEREN'T (7] 1524:21; 1525:16; 1529:24; 1534:27; 1573:14; 1576:28; 1583:14 WEST [8] 1625:13, 20; 1626:9; 1632:18; 1639:6; 1640:28; 1641:2, 13 WHEELER (i] 1532:17 WHEELS (i] 1621:10 WHISKEY (i) 1607:15 WIDE-SCALE (1] 1534:20 WIDELY (7) 1524:6; 1525:17; 1546:1, 7; 1548:3; 1566:17; 1582:27 WIDESPREAD (i] 1534:25 WIDMARK (22| 1510:13, 14; 1512:26; 1513:17, 25; 1515:6; 1520:12; 1521:4; 1526:4; 1535:14; 1548:14; ' 1549:1, 4; 1551:23; 1553:8, 15; 1564:11, 13; 1579:14; 1583:13, 20; 1584:5 WIFE (i) (2]1575:13 WINDSHIELD 1543:13, 15 WINDSHIELDS (i) 1543:10 WISOT (i] 1551:3 WITHDRAW (2| 1642:21; 1651:17 WITNESS (28] Trial Transcript [December 3, 1993] 1493:21; 1494:2, 6, 10; 1499:4; 1544:27; 1551:13; 1573:9; 1577:25; 1578:4; 1585:3; 1586:11; 1590:23, 28; 1619:7; 1620:10, 18; 1622:22; 1625:3; 1626:19; 1645:7; 1646:10; 1656:9, 12, 19, 27; 1657:9; 1658:25 WITNESSES (21 1620:3; 1660:8 WON'T (2) , 1567:19; 1627:27 WONDER (2] (45)1543:19; 1570:28 WOOD 1493:23; 1494:1, 10, 16; 1496:4; 1497:2, 15; 1500:28; 1501:5, 24; 1504:8, 20, 23; 1511:16, 18; 1512:6; 1513:15; 1514:20; 1515:24; 1517:3, 20; 1523:19; 1528:15; 1529:11, 25; 1530:11; 1531:9; 1532:22; 1535:1, 28; 1536:22; 1537:20; 1544:26; 1551:12, 21; 1554:1; 1570:16; 1574:24; 1577:19; 1578:28; 1579:23; 1581:18; 1583:12; 1586:16; 1660:10 WOODS |i) 1572:6 WORD |i] 1632:4 WORDING (i) 1533:2 WORDS (9) 1499:25; 1500:23; 1517:15; 1543:25; 1567:9; 1593:23; 1601:13; 1616:16; 1651:17 WORE (i) (4)1657:6 WORKED 1497:3; 1509:27; 1532:18; 1615:24 WORKER (3| 1592:12; 1595:23, 24 WORKERS (31 1559:17; 1598:20; 1615:24 WORKING (is] 1504:12; 1510:12; 1530:23, 25, 26; 1540:8, 9; 1542:10, 25; 1549:26; 1566:24; 1571:7; 1581:16; 1582:5 WORLD (2] m1540:26; 1562:24 WORLDWIDE 1508:21 WORRIED (ii (111522:22 WORTH 1543:24 WOULDN'T (3] (i)1576:3; 1603:3; 1604:1 WRAPPER 1595:9 WRITE (3] 1518:11, 16; 1571:25 WRITES (i) 1499:20 WRITEUP (i) (6]1638:28 WRITING 1519:11; 1527:15; 1601:27; 1614:9; 1615:3; 1628:25 WRITTEN (si 1554:13; 1600:3; 1632:3; (i)1638:4, 7 WRONG 1536:9 WROTE (23] 1498:5; 1499:23; 1503:4, 10, 28; 1511:9; 1512:14; 1513:2, 8; 1517:21; 1519:15; 1525:19; 1528:27, 28; 1529:1, 13, 26; 1531:25; 1532:27; 1534:3, 9; 1577:4; 1616:4 -Y- Y-L (ii 1543:18 YEAR (7) 1548:16, 17, 18, 21; 1605:27; 1606:9, 14 YEARS (22] 1495:28; 1506:20; 1511:19; 1530:9, 14; 1540:28; 1541:7; 1542:24, 28; 1543:12; 1548:22; 1575:15; 1579:2; 1582:2; 1589:22; 1591:7, 13; 1593:24; 1594:19; 1603:14; 1607:7; 1616:6 YELLOW (i| 1624:6 YESTERDAY (i] 1544:16 -z- ZIMMER (30) 1498:27; 1537:16, 19; 1544:10, 13, 16, 19; 1550:12; 1551:9, 10, 20; 1567:5; 1568:28; 1570:10; 1573:6, 19, 25; 1577:21; 1580:27; 1584:9, 10, 13, 26, 27; 1585:20; 1586:14, 15; 1624:18; 1630:18; 1661:24 Concordance cy -Ook 3ee'5~i Transwestern v. Monsanto Word Index From VOLUMES to ZIMMER HARTOLDMONOO11362