Document e5wLBnkZwk5aQ0GR55oYvK7qE

FILE NAME DuPont DUP DATE 1997 Jan 29 DOC DUP002 DOCUMENT DESCRIPTION Legal - Deposition of Barry Castleman - Part 2 EVANS REPORTING SERVICE 2422 SouthweRs oatd Baltimore Maryland 21234 410 882-0208 June 4 1997 DuP H W Barry Ira Castleman 1722 Linden Avenue Sc.D. Baltimore Maryland 21201 Taken 1-29-97 Dear Dr. Castleman Enclosed please find your deposition taken on the above date Please read and sign your deposition noting any changes on the errata sheet noting the page and line numbers the correction After you have read the deposition and completed the errata sheet please sign the witness certificate page and return know both those two pages to our office As you of these pages will become a part of the deposition transcript You have thirty days under the rules to complete the reading and signing Thank you for your cooperation ~ in this matter If you have any questions please call me right away Very truly yours Barbara J. Evans IN THE DISTRICT COURT OF JEFFERSON COUNTY TEXAS JANIE W. V. ADAMS Plaintiffs 60th Judicial District E.I. DUPONT De NEMOURS COMPANY Defendants * * Case No 152923 * * * * * * IN THE DISTRICT COURT OF DALLAS TEXAS STEPHEN L. BOWLES Plaintiffs V. HANES COMPANIES INC Defendants * * OF OF * et al * 192nd Judicial District Case * No * 95-08910 * * II OF THE VIDEOTAPED DEPOSITION OF BARRY IRA CASTLEMAN Sc.D. Volume II of the Videotaped Deposition of Barry Ira Castleman Sc.D. was taken in the captioned case on Wednesday January 29 1997 commencing at 10:20 a.m. at the Law Offices of Andrew Waters 550 Light Street Baltimore Maryland 21202 and was reported by Sharon D. Livingston a Notary Public EVANS REPORTING SERVICE 2422 Southwest Road Baltimore Maryland 21234 882-0208 256-8410 Evans Reporting Service Barry Castleman 1-29-97 TM Multi Adams v DcNemours Page 206 Page 207 1 make a copy for me please 1 Q right And just so the record is clear 2 MS CAWTHRON Sure 2 Doctor did also provide you with some copies of 3 BY MR WATERS ladies 3 articles and books that were produced by duPont and 4 Q Doctor can you tell the ladies and ~ gentlemen of the jury how it was that you worked up - the information contained in Exhibit ? 7 A Well the material that was available to me 4 stated to be maintained by duPont or in their library S A Yes You indicated to me that duPont had 6 acknowledged the presence of certain texts in their 7 library and I believe these were all texts with which 8 was basically organized chron -- lined up 9 chronologically and then some notes were made about 10 the contents and highlights of the various documents 11 contained 8 I was already familiar 9 Q right The outline Exhibit Number 3 10 makes a reference at the top of the first page It 11 says duPont a manufacturer of asbestos products 12 Q The majority of the information that's 13 presented on Exhibit Number 3 Dr. Castleman was that 14 information or did that come from documentation that 12 Let me ask you first what is the 13 significance if any of duPont being a manufacturer 14 of asbestos products in the context of their knowledge 15 you had in your possession before I asked you to work 16 on this case 17 A The majority of the material was stuff that 18 I already had 19 There were a few smaller items which you 20 also provided such as answers to interrogatories in 21 the present case 15 concerning hazards 16 A Well if a company uses asbestos as a raw 17 material in the manufacture of industrial products 18 then that company is in my view an asbestos company 19 in that they are engaging in an activity which is an the 20 activity that's been a recognized industrial hazard 21 since 1930s or before and an activity which has Page 208 Page 209 1 been addressed by changes in workers -- or rather 1234 Q And have you brought some of those documents 2 amendments to workers compensation Statutes around 2 with you here today Doctor 3 the country and around the world since the 1930s 4 explicitly recognized asbestosis as a hazard of s industrial use of asbestos and 1234 A Yes 1234 Q Were those documents contained in your files 5 prior to my asking you to work on this case 6 So that I think that while many big 6 A Some of them were yes 7 industrial companies used asbestos products themselves 8 to insulate pipes this is a step beyond that when a 9 chemical company for example uses asbestos in the 10 manufacture of various products that it sells 7 Q And can you just briefly look at those 8 documents Doctor identify them for the record and 9 perhaps explain to the jury what they demonstrate 10 concerning duPont's use of asbestos in the ll MR COTTEN We object to the form of the question as assuming facts not in evidence and also object to the answer as being nonresponsive in 14 significant parts to the question asked 15 Q Doctor have you had an opportunity to 16 review internal corporate documents from duPont that 17 clarify that it was in fact an asbestos 18 manufacturer 11 manufacturing process 12 MR COTTEN Object to the form of the 13 question Assumes facts not in evidence It's also 14 multifarious duPont thing top 15 A The on here is various indicated 16 products with the duPont trademark clearly indicated 18982 on the containers displayed 18982 One is called Seal Asbestos Roof 19 A Yes I have 20 MR COTTEN Object to the form of the 18982 Cement being offered by duPont 18982 I do not see any date on this particular 21 question as assuming facts not in evidence 18982 document Page 210 123 MR COTTEN Let me object to the manner in 1 2 which the examination of the witness is being 2 | Page 211 Hand those back to me if you would Whereupon documents tendered to counsel 3 conducted and his summarization of the documents 3 Whereupon pause Deposition Exhibit 4 The documents aren't being marked they're S not being put into evidence He is just referring -- 6 MR WATERS Well we can do that if you 7 like I mean I don't - 4 Whereupon Castleman Deposition Exhibit identification 5 Numbers 4 through 19 were marked for identification 6 MR WATERS All right I have marked 7 Exhibits 4 through 13 file 8 MR COTTEN I'm just going to object to him 9 testifying from documents that are not marked 10 MR WATERS Okay Well these are 11 documents that have your Bates stamp number on it 12 MR COTTEN That's fine But I don't -- 13 you know they're not even being identified by Bates 8 MR COTTEN And those are out of his file 9 is that right think is 10 MR WATERS I think that is correct Okay 11 MR COTTEN exception 12 MR WATERS with the exception of 4 which I 13 think came from materials you pro -- duPont produced | 14 stamp number 15 MR WATERS Okay 16 MR COTTEN There's no way the jury in 17 looking at this is going to know exactly what he's 18 talking about ; MR WATERS All right Well let's just -- to meet the objection let's take a few seconds and 21 we'll mark the documents 14 to me Exhibits 15 Q Doctor are Exhibits 4 through 13 documents 16 that you reviewed to assist you in formulating your 17 opinions as to whether or not duPont was a 18 manufacturer of containing products 282 A Yes sir Yes they were 282 Q Okay If you will Doctor just briefly 21 identify by number each of the documents and tell the Page 206 - Page 211 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-29-97 Page 212 Page 213 significant this jury 1 jury what was significant in this regard from Mr. Morgan to Dr. Zapp under the letterhead of different a 2 A Document Number 4 is list of different 2 the Haskell Lab for Toxicology and Industrial 3 products offered by duPont clearly indicating the 3 Medicine and this is called Asbestos and it makes a 4 duPont trademark on the containers displayed 4 number of points one of which is can asbestos- S The first page I have here item 4 talks 5 reinforced plastic material be offered to customers 6 about two products described as asbestos roof cements 6 for fabrication of shapes and parts without health 7 one sold as a liquid and one as a paste That's not 7 endangering the of customers employees or 8 dated 8 incurring liability from future injury The Number 5 document is a communication to 9 And then there's other commentary there 9 10 James Morgan at the Haskell Laboratory the toxicology 10 about legal bans on asbestos products which had 11 laboratory of the duPont Company from L. B. Wilson at 11 occurred in various citics in the United States by 12 a location called Chestnut Run describing the 12 April 10th 1972 13 different uses of asbestos that went on over at 13 Document Number 7 is a -- on a duPont 14 Chestnut Run in various laboratories describing the 14 letterhead Fabrics & Finishes Department a 15 use of loose asbestos fiber and the regular cutting LS communication -- appears to be directed to an 16 and sawing of boards containing asbestos 16 individual named E. E. Swain and makes reference to 17 MR COTTEN May I see that last one 17 1976 OSHA standards for asbestos and talks about 18 asbestos exposures associated with the sanding of a 8282 please 8282 Whereupon document tendered to counsel 19 product called Preparakote -- Preparakote 20 MR COTTEN Thank you 20 e 21 A Number 6 is an Apr^>l10 1972 memorandum 21 And the sanding samples are reported as Page 214 1 fiber counts between 1.6 and 3.2 fibers per 2 milliliter and by way of comparison the 1976 OSHA 3 limit is two fibers per milliliter for a eight 4 weighted average 5 The next document is a communication that 6 appears to be from James Morgan This is a 7 handwritten document again discussing use of asbestos 8 as filler in molding resins and includes a statement 9 that I suggested they attend the asbestos conference 10 and then take some more it It's not clear what asbestos conference is - 12 discussed here 13 Document 9 is an April 10 1973 letter 14 titled Asbestos in Talc from E. E. Swain Jr. of the 15 Fabrics & Finishes Department of duPont Research and 16 Development Division to John Zapp Jr. at the Haskell 17 Lab 18 This is titled Asbestos in Talc and simply 19 acknowledges the concern about the hazard potential 20 from asbestos as a contaminant if you will that was 21 widely present in industrial talcs Page 215 1 This next Number 10 is a communication from 2 Richard looks like Bubiak B to E. E. 3 Swain 4 Mr. Bubiak is indicated as an industrial 5 hygienist And this talks about a heavy duty stop 6 leak compound and the potential hazard of asbestos to 7 consumers and radiator repairmen who have contact with 8 this duPont product 9 On document Number 11 dated June 16 1972 10 a communication -- it does look like the man's name is tt Hubiak u the same industrial hygienist who 12 authored the previous document 13 This is called Asbestos Incorporated into 14 Plastic Material and discusses the potential hazards 15 from incorporating asbestos into polyesters and 16 nylon 17 This is a three document goes into a 18 fair amount of detail about the various steps in 19 handling of these products the manufacture and the 20 handling of these products where asbestos could become 21 airborne and be a hazard to the users of the Page 216 1 contained in tale used in some of our paints Page 217 1 products 2 The next is a document which we've already 3 mentioned 4 Q Yeah there may be an extra copy in there 5 Doctor 6 A Right This appears to be -- although it's 7 got some different hand markings on it and 3 different -- and no duPont Bates stamp This is the 9 same as the Number 6 document the April 10 1972 10 communication from James Morgan to John Zapp titled tL Asbestos talking about hazards of asbestos reinforced 12 plastic material to consumers 13 Following is yet another copy of this Why 14 don't we just toss it Two of them will be more than 2 And it goes on to talk about some tests that 3 they plan to conduct 4 Number 14 is the first couple of pages of ' some court documents filed in duPont -- | mean I'm 6 sorry filed in Delaware by Daniel MacMurray in a case 7 involving duPont and asbestos 8 And this also makes reference to the use of 9 Mr. MacMurray working as a duPont employee in places 10 where asbestos was used for example in the 11 engineering development laboratory talking about a 12 polyimide compound which included raw asbestos in 13 order to make brake blocks 14 There's also discussion of use of Tedlar -- 15 duPont Tedlar film used as a laminate for wallboards 15 enough 16 Number 13 is a September 19th 1972 17 communication from E. E. Swain to Dr. Reinhardt at the 18 Haskell Lab 19 Now this is titled Asbestos in Paint Films 20 and begins as you know we are concerned about the 21 possible potential hazards associated with asbestos 16 containing asbestos during the 1960s in Buffalo New 17 York at a duPont plant 18 And asbestos was also used as wadding for 19 shotgun shells in Remington firearms at the duPont 20 Bridgeport Connecticut plant where Mr. MacMurray had 21 worked according to these documents Evans Reporting Service I _. _ Page 212 - Page 217 Barry Castleman 1-29-97 TM Pagc Adams v DeNemours industrial additional Page 218 Page 219 I So these are additional industrial uses of 1 one ounce per can he indicates or 30 grams 2 asbestos by the duPont Company We're almost at the 2 And his question is raised whether this 3 end 3 might be a hazard to the consumer or the radiator Fiber 4 Here's one called Asbestos Fiber June 9 - 1972 4 repairmen in this document S Number 16 not numbered yet but soon to be MR COTTEN Is that 15 It should be 6 is memorandum or a note from A. C. Stevenson of the 7 marked 8 THE WITNESS I think you're right that it 9 should be marked but it's not 10 BY MR WATERS 11 Q Okay Let's take care of that That's the 12 next one in sequence 13 A Right This is Number 15 -- is a June 9 14 1972 note to Dr. Zapp at the Haskell Laboratory from 15 E. E. Swain indicated here as toxicity and pollution 16 control coordinator and it talks about the use of 17 125,000 pounds of asbestos fiber in 1971 by the 18 Fabrics & Finishes Department 19 He goes on to then make reference to car 20 care products cooling system sealer and the heavy 21 duty stop leak compound which contain asbestos about 7 Elastomers Laboratory to Dr. Zapp at the Haskell 8 Laboratory talk -- this is called Asbestos 9 Cancer and he makes reference to a British article in 10 the British Journal of Industrial Medicine indicating 11 copy of that is attached concerning the health 12 hazards in handling asbestos 13 And this note says I wonder if we should be 14 calling the possible health hazards of this material 15 to our customers attention as well as reviewing our 16 handling procedures in the laboratory 17 MR COTTEN what was the date of that 18 THE WITNESS May 19 1966 19 Q I'm sorry Doctor What is the product 20 that's referenced 21 What are they -- are they talking about a ook Page 220 Page 221 1 specific product being manufactured on that exhibit 2 this being Exhibit 16 I think 3 A He talks about the Elastomers Laboratory 1 The statement follows We employ 2 approximately 100 tons of asbestos fiber annually as a 3 raw material in our division primarily as an 4 handling asbestos -- S Q Okay 6 A -- and the use of polymers in binding 4 ingredient in radiator stop leak compounds and as a 5 filler in cement block pr^>mers This implies that a 6 limited group of operators who charge these materials 7 asbestos 7 into mixers -- charge is the chemical industry talk 8 There's no more specific -- 8 for dump -- are exposed to asbestos dust for a fairly 9 Q All right 10 A -- description of exactly what plastics or 11 elastomeric polymers or whatever it is he's talking > about here in this particular note I believe the next one would be numbered 9 short period of time but on a regular repetitive 10 basis Consequently we have these materials 11 classified S which imposes the wearing of a 12 cartridge filter respirator during handling but 13 do not require any other extraordinary precaution 14 17. This is another communication dated January 2 14 And he asks for Dr. Zapp's comments on that 15 1969 15 The next two sheets which is the last in 16 This is also to Dr. Zapp at the Haskell 17 Laboratory the Toxicology Lab called Asbestos 18 Fiber 16 this set -- I think this is 18 -- also come from legal 17 documents filed in the case of Mr. MacMurray and his 18 wife describing other asbestos -- describing some of 19 And it makes reference to a Delaware 19 the asbestos usage by duPont industrially 20 bulletin which evidently raised question as -- about 20 I don't think there's anything to add to 21 hazards of asbestos 21 what we've already mentioned Page 222 Page 223 in 1 Listed here are paint films radiator stop 2 leak products cement block primers and undetermined products 3 in the Elastomers Laboratory also asbestos 4 hazard as a component of talc 1 case brought by someone named MacMurray in that 2 those documents appear to be in the form of answers to 3 interrogatories that are not sworn nor signed by the 4 person identified as MacMurray just S MR COTTEN May I see Number 18 5 I think that whole process that we've just 6 Whereupon document tendered to counsel 7 MR COTTEN Thank you 8 Doctor just before you do that before you 9 on to the next question I need to object to the 10 nonresponsive answer to the question asked and object {1 to the narrative form of the answer many answers 6 been through is totally improper 7 MR WATERS All right 8 Q Doctor in your review of duPont documents 9 pertaining to the asbestos products manufactured by 10 duPont I'd just like to go with you and make sure 11 I've got them all listed object 12 given to no questions asked 12 MR COTTEN I'd object to the form of the 13 Q Doctor -- 13 question 14 MR COTTEN I also -- excuse me 14 I'm sorry 15 MR WATERS Sorry 16 MR COTTEN I also need to object to him 17 testifying from documents that have not been -- no 18 formal offer of proof with respect to the authenticity * of a number of the documents has been made 15 Q Did you see evidence Doctor from the 16 duPont documents that duPont manufactured asbestos- 17 containing elastomers for example 18 A Yes 19 MR COTTEN Object to the form of the And I also would object to the testimony 21 with respect to the documents that purport to be from 20 21 Improper question Q Okay predicate Did you see Doctor that duPont Page 218 - Page 223 Evans Reporting Service Adams v DeNemours Multi Barry Castleman 1-29-97 manufactured plastics polyesters and nylons that 2 contained asbestos Page 224 1 2 3 A Yes 3 4 MR COTTEN Object to the form of the 4 5 question $ 6 Q Did you observe Doctor that they 6 7 manufactured roofing products that contained asbestos 7 8 A Yes 8 9 Q A product called Preparakote that contained 9 10 asbestos 10 11 A Yes 11 12 MR COTTEN Objection repetitive 12 13 Q Did you observe from the duPont documents 13 14 that they manufactured molding resins containing 14 15 asbestos 15 16 A Yes 16 17 Q Did you observe from the documents that 17 18 duPont manufactured cooling system scalants and stop 18 19 leak compounds containing asbestos 19 22 A Yes 20 22 Q And in that context did you -- was there an 21 Page indication that duPont utilized approximately 100,000 -- I may have misheard you on this -- 100,000 tons of asbestos in the cooling system sealant and stop leak compound production in 1969 MR COTTEN Objection repetitious A That was 125,000 pounds yes of asbestos in 19 -- this is in 1971 -- and cooling system sealer and heavy duty stop leak compounds Q All right A There may have been -- I think there was another document that gave other figures somewhere in here 225 Q Okay MR COTTEN Objection Nonresponsive Q Did you observe in reviewing the duPont documents that they manufactured fabrics and finishes -- or finishers containing asbestos A Well their Fabrics & Finishing Department used asbestos and it may have been that they manufactured other products containing asbestos within that purview of that department Page 226 ! MR COTTEN Objection Speculation 1 MR COTTEN Objection to the form of the 2 Q Did the documents confirm that duPont was 2 question 3 involved with the manufacture of brake blocks 3 Assumes facts not in evidence Page 227 4 containing asbestos 5 A Yes 4 Q. And did the documents indicate that duPont $ was involved with the manufacture of asbestos- 6 Q Did the documents indicate that duPont was 7 involved with the manufacture of laminate for 6 containing cement block products 7 A Yes 8 wallboards containing asbestos 9 A Yes 10 Q Did the documents indicate that duPont 11 through the Remington division was involved with the 12 manufacture of wadding containing asbestos that was 13 used for shotgun shells 14 A Yes 15 MR COTTEN Objection to the form of the 16 question 17 Assumes facts not in evidence 18 Q Okay Did the documents indicate that 19 duPont was involved with the manufacture of asbestos- 8 Q I'd like you to turn back Doctor to 9 Exhibit Number 4 which was the outline 10 MR COTTEN 1 have it as Number 3 i Q sorry Right you are Exhibit Number 12 13 Doctor does this document constitute a 1-4 synopsis of your review of the significant 15 developments concerning duPont's knowledge of the 16 hazards of asbestos from the early part of the century 17 until 1970s 1980 18 A Yes insofar as 1 -- you know this material 235 is known to me 20 containing wadding for shotgun shells 21 A Yes 235 I imagine there may be more to the story 235 but as far as I know this is an outline of duPont's Page 228 1 development of knowledge on asbestos and relevant - Doctor can you tell us when it was that 2 facts 2 there was some initial early recognition that asbestos 3 MR COTTEN Excuse me I want to just so 3 causes lung disease as reflected in the documents in 4 the record is clear object to Exhibit 3 in that the 5 witness has just identified it as being some form of 4 the duPont documents S A Well Dr. Stopps makes reference to the 6 synopsis of his opinions as being insufficient proof 6 carliest recognition being in 1907 referring to 7 and that if the witness has opinions I would object to 7 evidently to the Montague Murray case 8 them being presented in this fashion if he's going to 8 Q right talk about them in his testimony 9 MR COTTEN 1 object to the answer as being 10 MR WATERS All right 11 MR COTTEN And further if he then talks 12 about them in his testimony I'd object to Exhibit 13 Number 3 as being repetitious of his prior testimony 14 BY MR WATERS 15 Q Doctor does Exhibit Number 3 in fact 10 nonresponsive 11 Q Okay And the -- okay 12 What is the next significant development or 13 what you think may be a significant development 14 concerning the development of knowledge or the 15 potential development of knowledge after 1907 16 state your opinions or does it provide a listing of 17 the information and the documentation that will 16 A DuPont -- 17 MR COTTEN Objection to the form of the 18 support your opinions 19 A The latter This is essentially a factual 20 account of the documentation 21 Q All right sir 18 question 19 It's vague incomprehensible 20 A The next entry here is that duPont appointed 21 its first medical director in 1915 according to a Evans Reporting Service Page 224 - Page 229 ---- Adams v DcNemours Multi Barry Castleman 1-29-97 Page 230 Page 231 in 1 duPont author's text in 1960 } Just briefly if you could reiterate to the 2 Q All right What is the significance 2 jury what is the significance of duPont's involvement 3 Doctor to you of the -- duPont's appointment of its Safety first medical director in 1915 3 with this organization | 4 MR COTTEN Objection Repetitious Council had annual 4. -- A Well this is early as corporate as 5 A The National Safety for people people in have a medical director but 6 meetings which provided opportunity health . corporations go to for a the size of duPont 7 industry generally to meet to learn about and 7 certainly appropriate company 8 and a company engaged in handling of potentially 8 safety problems associated with industrial materials annual 9 hazardous chemicals and other materials 9 and to also read the publications of the Safety and the National Safety News magazine 10 And it simply indicates the expertise that 10 Congresses about 11 the company had brought on board starting in 1915 and 11 So here we have access to knowledge and health hazards in general 12 then later with the development of the Haskell Toxicology Laboratories in the 1930s to have house 12 asbestos in particular 13 through the National Safety Council by major industrial firms many of them including duPont which 13 14 sophistication and the knowledge about the hazards of their 14 15 was prominently represented on the board of directors 15 industrial materials and the means of . 16 Q With respect to the next entry Doctor can 16 mitigation Objection MR COTTEN Objection Nonresponsive 17 you tell us what was or what is the Haskell Laboratory 17 this 18 Q Doctor the next entry indicates 1919 18 for Toxicology and Industrial Medicine and 19 A Well is a laboratory that was set up 19 National Safety Council and National Safety News we've discussed that somewhat in the prior portion of 20 to study the hazards associated with industrial 20 21 chemical products and chemical intermediates 21 your deposition Page 232 1 whatever that were of concern and interest to the 2 people at duPont Company 3 The company set up this Toxicology 4 Laboratory which still exists a laboratory being set S up in the 1930s 6 Among the people that they hired were Dr. 7 Wilhelm Hueper who went on to become the first chief 8 of the environmental cancer section of the National 9 Cancer Institute in the United States in the 1940s and 10 50s and into the early 60s 111 And Dr. Hueper was probably -- well he was starting his career in research and publication on _ industrial carcinogens at the time he worked for 14 duPont at the Haskell Labs in the 1930s and in fact 15 did some very famous research on -- in animal studies 16 of dye intermediates beta naphthalene being the one 17 of primary interest 18 Q Doctor there's an ind - 19 MR COTTEN Excuse me I need to object to 20 the nonresponsive nature of the answer 21 Q Doctor was the Haskell Laboratory for Page 233 123 Toxicology and Industrial Medicine -- did it maintain 123 a library or scientific or medical library 3 A Yes 4 Q And how do we know that Doctor 5 A This was included in the deposition 6 testimony of Dr. Gordon Stopps who had -- in the 1960s 7 had worked for a duPont Company 8 MR COTTEN I'd object to the nonresponsive 9 part of the answer and also to the reference to 10 extraneous deposition testimony deposition testimony 11 which has not been produced at this deposition for -- 12 MR WATERS No it's here and you have it 13 MR COTTEN I don't have it 14 MR WATERS What do you mean You produced 15 it to me two months ago 16 MR COTTEN You said it's here I don't 17 have it here 18 MR WATERS Well that's not my fault 19 MR COTTEN He didn't -- he hasn't brought 20 it out It's an improper use of his characterization 21 MR WATERS No it's not He can rely on a Page 234 123 deposition 123 MR COTTEN Let me get my objection out 3 It's an improper use of his interpretation of what 4 another deposition says S The deposition -- if you're going to offer 6 portions of the deposition the proper procedure is 7 for you to offer those portions of the deposition or 8 to use it to impeach a witness 9 He hasn't even brought that material with 10 him 11 MR WATERS Oh so you don't think an 12 expert can rely on a deposition 13 MR COTTEN He ought to have it with him 14 MR WATERS Is that your opinion 15 MR COTTEN I'm objecting to him not having 16 it with him 17 MR WATERS It is right here And it's not 118 only that it's in the file that you sent downstairs to be copied MR COTTEN I want this man to testify to . 21 things that we can examine him on 1 If he's going to testify to something I want 2 him to produce it 3 I'm just stating my objection Mr. Waters 4 MR WATERS Well it's a ridiculous Page 235 $ objection opinion 6 MR COTTEN Well that's your opinion need 7 MR WATERS Do what you to do 8 THE WITNESS I think it's time for 9 everybody to take a break -- 10 MR WATERS No we're okay give 11 THE WITNESS - to the Court Reporter 12 five minutes and we shall resume 13 MR WATERS All right Let's do that 14 THE VIDEOGRAPHER Off the record at 11:03 15 a.m. record 16 Whereupon discussion off the 17 Whereupon a brief recess was taken -- a.m. 18 11:03 a.m. 19 Whereupon after recess -- 11:14 20 THE VIDEOGRAPHER 11:14 We're back on 21 the record Page 230 - Page 235 Evans Reporting Service Adams v DcNemours TM Multi Barry Castleman 1-29-97 Page 236 I MR COTTEN For purposes of the record let 1 and you're more than welcome to look at it 2 me state an objection to the -- any question asked of 2 Just let me know and I'll take my stickies 3 Dr. Castleman that asks for him to state any facts or 3 out of it Page 237 4 to discuss any documents or read from any documents or S to state any opinions to the extent that such opinions 6 and the bases for those opinions have not been 7 disclosed to this point in discovery specifically 8 the discovery relating to expert witnesses 9 including -- offered by the plaintiff including Dr. 10 Castleman and that relates to both interrogatories 11 and requests for production both of which we have a 4 MR COTTEN Thank you S Do we have an agreciment that I won't have to 6 restate that objection to the extent that the 7 questions that you ask call for that type of answer 8 and to the extent that Dr. Castleman makes -- whether 9 your question calls for it or not Dr. Castleman makes 10 reference to those matters 11 MR WATERS That's fine 12 motion to compel pending on 13 MR WATERS All right And let me just 14 state for the record that I -- first of all Dr. 15 Castleman has produced this morning his entire file 16 with respect to duPont which includes references to 17 -- and specific page cites to depositions that he 18 reviewed and includes portions of depositions that he 19 had reviewed and had in his files and I would also 20 state that if counsel wants an opportunity to utilize 21 the Stopps deposition in particular I have that here 12 MR COTTEN Okay 13 MR WATERS After having said all of that 14 I've forgotten where we were Let's sec 15 We were discussing -- I hate to ask you to 16 do this but I can't remember if he completed his 17 answer before the objection if we got a clean record 18 on it or not 19 MR COTTEN I think I waited until after 20 MR WATERS Did you Well let me just 21 restate it one more time just to make sure we're Page 238 Page 239 1 covered 1 Can you tell us what that is 2 Q Doctor in your review of the available WN A This is a medical text authored by Dr. 3 materials were you able to reach a conclusion as to WN Robert Legge g and talks about asbestosis in 4 whether or not the Haskell Laboratory maintained a 4 this 1934 text 5 scientific and medical library 6 A Yes they did 7 Q And how was it that you were able to S Q All right Have you had an opportunity to 6 review portions of the Industrial Maladies publication 7 that were maintained by duPont 8 determine that 8 A Well I've -- yeah I've seen the book 9 A This is covered in the deposition testimony 9 Q All right And do you have with you -- and 10 of Dr. Gordon Stopps il Q Okay Doctor from time to time do you 10 just so the record is clear on this -- a copy of the 11 portions of Industrial Maladies that were -- was !2 review deposition testimony to assist you in 12 produced by duPont in this case 13 understanding certain facts and in formulating certain 13 A Yes do 14 opinions 15 A Yes I do 14 Q All right 15 A This is only noted by its dates at this 16 Q Is it ordinary and customary for experts 17 like yourself to utilize sworn deposition testimony 18 A Yes it is 16 time 17 Q All right 18 MR COTTEN What's the -- 222 Q Thank you 222 The next entry Doctor indicates a 222 publication called Industrial Maladies 19 MR WATERS Batcs number 20 MR COTTEN -- exhibit number 21 MR WATERS It hasn't been marked Do you 1 want to mark these Page 240 1 Q right If you could turn your attention Page 241 2 MR COTTEN If he's got -- if you could 3 recite what Bates numbers you're talking about then 4 that would -- S THE WITNESS Sure The cover or the 6 picture of the book itself closed is number 0975054 7 BY MR WATERS 8 Q What were the essential findings or the 9 essential opinions in Industrial Maladies that are of 10 significance in the context of knowledge concerning } the hazards of asbestos 2 to -- think we already discussed this before so we 3 can just touch on this 4 Concerning the National Safety Council 5 Doctor do you recall the document -- I don't think 6 you have it in front of you but it was attached to 7 your prior deposition -- National Safety News article 8 discussing asbestosis and the terrific hazard from 9 visible dust 10 A Yes I believe that was a 1935 article by 11 someone named Johnson -- 12 A Well it talks about the pathology and other 13 aspects of asbestosis It talks about Dr. 14 Merewether's extensive study Dr. Montague Murray's 15 case report as well starting back to 1906 here 16 It describes the fact that asbestosis is a 12 Q All right 13 A -- an insurance official 14 Q What was the National Safety Congress 15 Doctor 16 A Those were the annual meetings of the 17 lung scarring disease that can have -- that can cause 18 total disability or death and -- 19 Q Any indication at that time Doctor that 20 asbestos was connected to cancer or lung cancer 21 A Not at that time no 1382 National Safety Council in 1382 Q And were those held in the 1930s and 1382 specifically in 1936 1382 A Yes 1382 QAt QAt the 1936 Safety Congress were there any Evans Reporting Service Page 236 - Page 241 Barry Castleman 1-29-97 Multi Adams v DeNcmours Page 242 . 1 papers presented concerning the hazards of asbestos 1 2 and potential exposure from products 2 3 A Yes 3 it's repetitious 4 MR COTTEN Object that it's repetitious 4 A Yes there was reference to asbestos hazards 5 in construction products construction materials 6 7 Q And who presented that particular paper 7 8 A Dr. Anthony Lanza of Metropolitan Life 8 9 Insurance Company 9 10 QIs QIs that study or that paper referenced in 10 11 your book 11 Yes is 12 A significance 12 13 Q What is the significance of duPont's 13 14 receipt of the Occupation and Health ILO manuscript or 14 15 document in 1938 15 16 MR COTTEN Objection Calls for 16 17 speculation 17 18 A Well the ILO publication was a supplement 18 19 to the ILO encyclopedia on occupational health 19 20 And this supplement published in 1938 20 21 contains a page chapter on asbestos and it talks 21 in quite -- quite a lot of detail about the various medical features of the disease asbestosis and the Page 243 need for preventive measures Q Does it reference cancer as a complication of asbestosis A Yes it does reference cancer as a suspected complication of asbestosis in here QDoes QDoes it discuss protective measures to avoid the hazards of asbestos A Yes It has a section on preventive measures as they're called in here about widespread need for dust suppression They say M they conclude that by saying a practical maximum of the greatest value is that every translation of fiberized asbestos in the factory produces dust which if not controlled is dangerous Q Docs it on the cover Doctor indicate a duPont Bates number A Yes The duPont Bates number is 0974569 Q right There's an indication on your outline that duPont was a member of the Industrial Page 244 Page 245 1 Hygiene Foundation 2 I think we've already spent some time 1 findings that were reported in these medical 2 articles 3 talking about that 4 Can you just generally tell us Doctor what S sort of information duPont would have received about 3 MR COTTEN Objection Nonresponsive 4 Q What is the significance of duPont's receipt 5 in 1942 of Dr. Hueper's publication Occupational 6 asbestos and cancer from the Industrial Hygiene Digest 6 Tumors and Allied Diseases 7 abstracts in the 1940s and 50s 7 MR COTTEN Objection Assumes facts not 8 MR COTTEN Object to the form of the 9 question Calls for speculation 10 A The Industrial Hygiene abstracts which were 11 sent to all member companies of the Industrial Hygiene * Foundation included numerous references to asbestos as 8 in evidence 9 Calls for speculation on the part of the 10 witness 11 Q Well let me ask the question first in 12 reviewing Hueper's Occupational Tumors and Allied a hazard and asbestosis some as well discussing lung 14 cancer as a complication in the reports of cases of 15 asbestosis 13 Diseases which you should have a copy there docs 14 that indicate a duPont Bates number and if so what 15 that number would be 16 These reports came from -- mostly from 17 Germany and Great Britain and the United States and 18 were published in medical and scientific journals in 19 these and other countries many in other languages 20 and the abstracts were simply one paragraph usually 16 A Yes the duPont number on this one is 17 0975743 18 Q All right sir 19 And what in your opinion Doctor is the 20 significance of duPont's receipt of this particular 21 maybe paragraph summaries of the essential 21 text or document Page 246 Page 247 1 MR COTTEN Objection Calls for 2 speculation 1 Safety Congress in 1944 -- I think it was written by a 2 man named Lawrence -- let me just get the reference -- 3 THE WITNESS Dr. Hueper's book on 4 Occupational Cancer and Agents that Cause It in 1942 5 was nearly 900 pages in length It was a very 3 Q Thank you Doctor 4 A -- to that from the text This edition 5 mentioned on page 734 of the current edition of my 6 comprehensive analysis of the world medical literature 7 on different agents in the workplace which were 8 capable or suspected of causing cancers And there 9 was a section on asbestos as well which indicated 6 book 7 Lawrence wrote an article called Fume 8 Control in Shipyards National Safety News April 9 1944 and I quote from the article in the text here 10 that Dr. Hueper thought that very likely or probably 11 asbestos was a cause of lung cancer Various 12 preventive measures as well were discussed in the 13 text as well as the need for the medical 10 11 against for protection dust is recommended that such or possible material be asbestosis dampened it He's 12 talking about asbestos insulation 13 That such material be dampened wherever 14 recognition of the cancers as well as asbestosis as 15 occupational diseases 16 Q Doctor I know this is not on the outline 14 possible and that dust respirators be worn in 15 addition to the provision of special ventilation 16 Periodic medical examination of those 17 but were there any articles in the 1944 time frame 17 exposed is also necessaryObjection 18 that touched on the use of asbestos products in shipyards that would be pertinent to this case A Well there was a publication in the 21 National Safety News as well as in the National 18 MR COTTEN Objection Nonresponsive 19 Q And what Doctor is the significance of 20 that article in the context of what it would have told 21 members of the National Safety Council concerning use Page 242 - Page 247 Evans Reporting Service Adams v Nemours Multi Barry Castleman 1-29-97 Page 248 Page 249 Page products 1 of asbestos Objection I have been additionally available to the people at 2 MR COTTEN Objection Calls for 3 speculation 4 A It informs readers that asbestos insulation hygiene 5 products were capable of causing asbestosis and that 6 industrial measures were necessary in order to 7 protect workers from this occupational disease risk 8 Q right There's a reference to the JAMA 9 article Asbestosis & Cancer I know that we 2 duPont at around that time 3 Q right And just to conclude that 4 thought Doctor are you saying that duPont would have s received information concerning the JAMA article or 6 editorial Asbestosis & Cancer both from the 7 Industrial Hygiene Foundation as well as through its 8 medical department receipt of the Journal of the 9 American Medical Association 10 discussed that earlier in your deposition 10 MR COTTEN Object to the form of the 11 Indication that that would have been 11 question 12 received by the duPont Medical Department 13 Can you tell us the basis of that 14 conclusion Doctor 12 Calls for speculation 13 A Right They would have received according 14 to Dr. Stopps the original editorial with their 15 A Well Dr. Stopps has testified to that in 16 his deposition testimony that the medical department 17 of duPont received the Journal of the American Medical 15 subscription to the JAMA the Journal of the American 16 Medical Association and they would have received this 17 abstract as one or -- I think it was one paragraph -- 18 Association 18 nice paragraph summary of the editorial that 19 In addition this particular editorial on 19 appeared in the Industrial Hygiene Digest at very 20 Asbestos & Cancer was abstracted in the Industrial 21 Hygiene Digest in August of 1949 and therefore would 20 ~~ close to the time that the editorial appeared 21 MR WATERS All right Let's go off the Page 250 Page 251 1 record for just one second } indicate a duPont Bates number and if so could you 2 THE VIDEOGRAPHER We're going to go off the 2 please read it into the record 3 record at 11:31 a.m. 3 A Yes the duPont number on this is 0974298 4 Whereupon discussion off the record 5 Whereupon a brief recess was taken -- 6 11 a.m. 7 Whereupon after recess - 11:41 a.m. 8 THE VIDEOGRAPHER 11:41 a.m. We're back on 4 Q All right sir S The next indicated publication is Dr. 6 Hueper's A Quest Into the Environmental Causes of 7 Cancer of the Lung 8 Let me ask you first when that was 9 the record 10 BY MR WATERS 1 Q Doctor can you tell us a little bit about 2 the publication Industrial Toxicology as referenced 13 on your outline 4 A This is actually a second edition of a book 15 authored by Dr. Alice Hamilton one of the early 16 medical experts on occupational diseases in this 17 country and Dr. Hamilton and her associate Dr. 18 Harriet Hardy put together the second edition of this 19 book in 1949 and there is some discussion of asbestos 20 in here as well as a cancer causing agent 21 Q Does your copy of that text Doctor 9 published 10 A 1955 11 Q Do the -- the copy that you have docs it 12 indicate that it was in the possession of duPont and 13 if so with the Bates number could you tell us what 14 that number is 15 A The duPont Bates number is 1142018 on the 16 cover page 17 Q And what is significant Doctor if 18 anything about duPont's receipt or possession of this 19 particular publication 282 ^ This publication like many of Dr. Hueper's 21 writings goes through a fair amount of detail on 1 asbestos and the medical literature associating it 2 with cancer of the lung 3 He goes on in here to cite numerous reports Page 252 Page 253 1 asbestosis which Kennaway and Kennaway discovered in 2 an analysis of the death certificates of malcs British 3 registered between 1921 and 1938. That was a British 4 from the United States Canada Great Britain 5 Germany and these are cases associating lung cancer 6 and asbestosis A report 5 Eleven additional cases of asbestosis cancer 6 of the lung in workers in two English plants were 7 MR COTTEN Let me object to the form of 8 the question as calling for speculation and the answer 9 as being in part nonresponsive 10 Q Doctor what did Hueper's A Quest Into the 11 Environmental Causes of Cancer of the Lung indicate 12 with respect to link or potential link between 13 asbestos and lung cancer and whether or not that link 14 had been confirmed 7 recently reported by Doll who felt from his 8 statistical analysis that there exists a definite 9 causal relation between these two conditions 10 He goes on to talk about additional 11 statistics compiled by Dr. Merewether and makes 12 reference to the fact that in some cases there may be 13 a long exposure free interval before the lung cancers 14 become manifest and to that he references one German 15 A Well after reciting a number of the case 16 reports or referencing them Hueper says thus there is 17 at present -- this is on page 36 -- there is at 18 pr^'senta total of 80 cases of asbestosis cancer on 19 the lung -- of the lung -- on record 20 To this number must perhaps be added the 21 eight cases of cancer of the lung complicated by 15 and one British report 16 Q All right 17 MR COTTEN Let me object the 18 nonresponsive part of the answer and specifically 19 bring your attention to the matters that he cited had 20 to do with asbestosis and lung cancer as opposed to 21 your question where you asked him the association Evans Reporting Service Page 248 - Page 253 Barry Castleman 1-29-97 MultiTM Adams v Nemours Page 254 Page 255 Page 1 between asbestos and lung cancer 1 Dr. Schepers 2 Q What were Dr. Hueper's conclusions if any 3 concerning the relationship between asbestosis and 4 cancer in this 1955 publication 2 A Dr. Schepers is a doctor who was originally 3 trained in South Africa about industrial diseases in 4 the 1930s and the 1940s He came to this country in A I'm sorry What are you asking me J Q What were Dr. Hueper's conclusions if any 7 concerning the link between asbestosis and lung cancer 8 in this 1955 publication 9 A Well I'm looking for something that could 10 cause -- that could stand as a conclusory statement of 11 Dr. Hueper but he seems to confine himself to 12 statements such as the evidence on hand at any rate 5 1949 6 He later became the director of the Saranac 7 Laboratory a laboratory where a great deal of 8 experimental research was conducted on asbestos as a 9 cause of occupation -- or cause of asbestosis and 10 cancer in experimental animal studies as well as 11 human studies that were also conducted on human tissue 12 generally involving cases that were involved before 13 has convinced the West German Government to make 13 the compensation courts 14 asbestosis cancer of the lung a compensable disease 15 Q All right 16 MR VOGLER Object and move to strike 17 Q All right Let's move on Doctor 18 The next reference in your outline in 1958 14 And so Dr. Hueper had -- rather Dr. 15 Schepers had this background when he was hired by 16 duPont after the closure of the Saranac Lab He went 17 to work for duPont in 1958 and authored a chapter in 18 book published by a number of duPont authors in 1960 19 refers to a Dr. Schepers becoming director of 20 pathology at the Haskell Labs 21 Let me ask you first who was -- or who is 282 Q Do you -- 282 MR COTTEN Objection Nonresponsive 282 Q Do you know Dr. Schepers personally Page 256 Page 257 I A Yes I do I've met with Dr. Schepers on a 1 A Well one of the things he mentions is the 2 number of occasions I've interviewed him questioned 2 development of substitute materials for asbestos that 3 him about things that occur in my book 3 duPont saw -- that the people at duPont saw because of 4 Dr. Schepers the last time I saw him was 4 the hazards of asbestos that that would create market s within the last year He was 82 years old at the 5 opportunities for -- say for substitute materials 6 time 6 Q All right sir 7 Q Are there -- is Dr. Schepers acknowledged in 8 your book as one of the sources for the information 9 that's provided there 10 A Yes 7 In his position was he responsible for 8 testing products and investigating whether certain 9 products could cause cancer 10 A Yes that was one of his duties 11 Q In the context of this case and of your - research on duPont over the years did you have an 11 Q And did he indicate in his deposition that 12 he reported those results from time to time to duPont of opportunity to review some excerpts from a deposition 14 of Dr. Schepers 15 A Yes 13 management and duPont attorneys 14 A Yes 15 MR COTTEN Objection to the form of the 16 Q When Dr. Schepers was at the Saranac 17 Laboratory you indicated he was involved with some 18 studies 19 Can you elaborate on that a little bit and 20 tell us what in particular -- what particular product 21 he was studying the effects of at that time 16 question 17 Q Can you tell the ladies and gentlemen of the 18 jury who Dr. Schepers reported the results of his 19 investigations to 20 A He indicated that his reports went to upper 21 management people making business decisions for the Page 258 Page 259 1 corporation and included attorneys 2 Q Prior to coming to work at the Haskell 3 Laboratories for duPont was Dr. Schepers involved 4 with testing the results of exposure to the Kaylo " 5 asbestos product 6 A Yes Yes He published a report on this in 7 1955 I the form of the question with 2 Q The next reference Doctor is with respect 3 to publication called Industrial Carcinogens 4 Can you tell us when that document was 5 published or that article or book in 6 A This is a textbook that was published in 7 1959 by Dr. Robert Eckardt of Esso Medical Research 8 Q Had Dr. Schepers reached any conclusions - 9 that you're aware of concerning whether or not 10 asbestos could cause cancer or did cause cancer prior 11 to his arrival at duPont 12 A Well he wrote in a letter to Corning 13 in 1956 that he believed asbestos had been thoroughly 14 incriminated as a carcinogen by that time and in 1960 15 in the textbook that Dr. Schepers contributed a 16 chapter toward he also mentioned that lung cancer had 17 been recognized as a compensable occupational disease 18 in some countries including Britain and in South Africa J Q All right 121 MR VOGLER Let me insert an objection to 8 Division 9 Q Did you say Esso 10 A Esso the oil company 11 Q Right The copy of that text that you have 12 Industrial Carcinogens does it indicate that it was 13 in the possession of duPont 14 A There's a duPont Bates number on it 0975371 15 on the cover page if anything 16 Q What is significant Doctor if anything 17 from this text concerning information about asbestos 18 and cancer 19 A Well Dr. Eckardt makes reference -- 82 MR VOGLER Objection to the form 21- A -- on page 4 to the earliest reports case Page 254 - Page 259 Evans Reporting Service Adams v DcNemours 1M 1M Multi Page 260 Barry Castleman 1-29-97 Page 261 reports 1 by Lynch and Smith connecting lung cancer and 2 asbestosis in workers who had developed both 3 conditions 4 Q And the Lynch and Smith reports Doctor 5 what was the date of those 6 A The Lynch and Smith report was 1935 1 Q Okay Did the 1959 publication give some 8 information concerning appropriate protective measures 9 to ensure that workers were not exposed to asbestos 10 A Under asbestos handling on page 132 and 11 thereafter he makes reference to the enclosure of processes 12 equipment with exhaust ventilation the use of wet 13 wherever possible the establishment of good 14 housekeeping routines to clean up accumulated dust 15 Where dustiness cannot be controlled by any 16 of these means adequate dust respirators should be 17 provided he says 18 He also recommended periodic dust 19 measurement in the working environments I think 20 that's all 21 Q right Doctor Let me hand to you this text- textt 2 A Oh he also talks about periodic medical 3 examination of the individuals at risk 4 Q All right Let me hand to you Doctor the S text Modern Occupational Medicine 6 A Yes 7 Whercupon document tendered to witness 8 Q And in case this wasn't clear on the record 9 before is that your personal copy of that text 10 A Yes it is 11 Q Okay Who were the authors of the text 12 Modern Occupational Medicine 13 A The authors are Drs Fleming D'Alonzo D'Alonzo and 14 Zapp Dr. Zapp whose name appears in some of the 15 memoranda we've discussed already 16 Q And who -- by whom were these various 17 physicians employed at the time this book was 18 published 2331 A DuPont 2331 MR COTTEN don't know exactly where 2331 you're going with all this but we went over all of Page 262 1 this in the last deposition so far 2 MR WATERS I'll try to tighten it up 3 Q Did you answer Doctor I'm sorry 4 A Well these people might not have all been 5 M.D.s but they were all employed by duPont the 6 authors the contributors Some are mentioned as 7 Ph.D.s and have other degrees Most of them are 8 medical doctors 9 Q Doctor can you look briefly with respect to 10 your outline and describe for the jury what are the 11 most pertinent or significant portions of this 12 publication for purposes of your review and your 13 opinions 14 A Well this would really come from the 15 chapter written by Dr. Hueper -- 16 Q Did you mean Dr. Schepers or 17 A Dr. Schepers I'm sorry Thank you 18 Q That's all right 19 A Dr. Schepers indicated that asbestos -- 20 asbestosis could occur wherever exposures to asbestos 21 dust occur that the lung cancer connection from Page 263 relationship 1 asbestos was a causal relationship accepted by most 2 authorities 3 He also makes reference to pleural 4 mesothelioma in asbestos workers being quite $ prevalent 6 He indicates that exposure for as little as 7 one month can cause disease and he says that we are 8 now seeing cases of asbestos discase among people 9 whose exposures occurred during World War II in the 10 shipyards 11 This was in this 1960 textbook 12 Q Have you ever discussed with Dr. Schepers 13 his work for duPont and his -- and particularly his 14 involvement with this publication 15 A have discussed his work with duPont For 16 example he told me about the way he was directed to 17 handle any contact with Dr. Hueper at scientific 18 meetings 19 MR COTTEN Objection Nonresponsive Nonresponsive -- 20 Q Have you discussed with Dr. Schepers or 21 strike that Page 264 1 Have you had an opportunity to discuss with 2 Dr. Schepers the extent of duPont's knowledge 3 concerning the hazards of asbestos and particularly 4 the cancer risk issue in this general time frame 5 MR COTTEN Objection Multifarious 6 A. can't I can't recall specifically 7 talking to Dr. Schepers about his knowledge during the 8 time -- or what duPont's knowledge would have been 9 during the time that they employed him 10 I don't recall specifically discussing that safety 11 topic 12 Q right The next reference again in 1960 13 concerns and superintendent Kenneth Keuper 14 Doctor let me ask you first have you had 15 an opportunity to review portions of the deposition of 16 Mr. Hueper 17 A Keuper K 18 Q I'm sorry Is that how it's pronounced 19 MR WATERS Larry is that how it's 20 pronounced 21 MR COTTEN Yes light Page 265 1 Q Keuper Let me reask the question in light 2 of that 3 Doctor in the context of your research the 4 concerning duPont prior to my asking you to help on 5 this case did you have an opportunity to review 6 deposition testimony from the safety superintendent 7 Kenneth Keuper 8 A Yes I have 9 Q Do you recall specifically what Mr. Keuper 10 testified concerning his knowledge and that of other 11 duPont supervisors with respect to asbestos and cancer 12 in the 1960 time frame 13 MR COTTEN Object to the form of the 14 question 15 A Well he says that he was aware of the link 16 between asbestos exposure and lung cancer in 1960 17 Q And that certainly -- in your opinion 18 Doctor would that be consistent with the knowledge 19 stated in the text Modern Occupational Medicine 20 A Well this would be consistent with -- yes 21 what was published in the text in 1960 by the duPont Evans Reporting Service Page 260 - Page 265 Barry Castleman 1-29-97 Multi Adams v DcNemours Page 266 Page 267 1 office indicate 1 What was Mr. Keuper's testimony concerning 2 Q What did Mr. Keuper indicate if anything 2 the response from his supervisor about his concern 3 concerning duPont's response to knowledge of the 3 about the hazards of asbestos and cancer 4 health hazards from asbestos at that time MR COTTEN Object to the form of the 4 A Well he was asked what the supervisor did 5 as result of his having given him the information question it 6 and he says nothing -- on page 33 in response to that a 7 A Well he said that it was matter of 8 discussion in the which he was raising that company 9 asbestos was a health hazard and that at least in Mr. 10 Keuper's opinion something needed to be done 7 question -- absolutely nothing The next question he 8 says no not to my knowledge 9 Q right Moving forward a little bit in 10 time Doctor the next reference on your outline is in 11 Q Did he indicate also that he had told his 11 1964. Can you tell us first who was Dr. C. J. -- or I 12 supervisor about the health hazards but that nothing 12 think it's C. J. -- Dr. Stopps 13 was done in response to his concerns 13 A Dr. Stopps was a medical doctor who was 14 A Yes that's what he -- 14 employed by the duPont Company in the mid 1960s for 15 MR COTTEN Objection to the form of the 15 several years and Dr. Stopps attended a major 16 question Misstates the evidence 16 conference on asbestos which was held in New York 17 MR WATERS Let me restate the -- sorry 17 during that time 18 Are you finished 18 Q Was -- where was Dr. Stopps employed by 19 MR COTTEN hmm 20 Q Let me restate the question in light of the 282 duPont Do you know 282 A I think it was at the Haskell Laboratories 21 objection 282 Q The same place as Dr. Schepers Page 268 Page 269 1 A Yes 12 A Yes he has so testified 2 Q There are a number of references in your 3 outline to -- in the 1964 time frame to Dr. Stopps 4 conclusions and actions that he took I just want to 5 walk through those with you 6 What was Dr. Stopps recommendation with 7 respect to utilizing respirators to prevent asbestos 8 disease 9 A In his opinion he said that they would be -- 10 they could be completely effective li Q All right A This was indicated in his Trip report to that conference I mentioned in 1964 12 Q What was Dr. Stopps opinion concerning 3 whether insulators the users of asbestos products 4 were the only ones at risk or whether other 5 individuals might be at risk from exposure as well 6 A He's testified that others who were in the 7 area who could breathe the same air contaminant would 8 also be at risk of developing lung diseases from it 9 Q In his documentation LOGO in his Trip report 10 did Dr. Stopps report Dr. Sclikoff's quantification of 11 the level of disease or the number of persons that 12 were becoming ill 13 A Yes He indicated that by the time that 14 Q Did Dr. Stopps make any recommendations at 15 that time or in that time frame concerning lung 16 testing of persons exposed to asbestos 17 A Yes He recommended that such medical 14 insulation workers had had 40 years from the onset of 15 their exposure in the insulation trade and 16 construction trades those who hadn't died from 17 occupational diseases or other conditions would have a 18 studies be conducted 18 rate of 94.2 percent asbestosis living 19 Q Did Dr. Stopps indicate that the connection 20 between asbestos and cancer had in his opinion been 19 Almost all of them in other words living 20 that long after starting in insulation work would have 21 established earlier than this 1964 conference 21 developed asbestosis Page 270 Page 271 l Dr. Stopps also indicated that the studies 1 A Yes significance 2 and the presentations of Selikoff and others at the 3 New York conference indicated that there was a 4 substantial cancer risk as well which had been 5 already documented by the time that the conference was 2 Q And did Dr. Stopps indicate the significance 3 or try to quantify the significance of the amount of 4 asbestos used by duPont on an annual basis and the 5 potential health hazard that might result from that 6 held in late 1964 6 use 7 Q What was Dr. Stopps recommendation 7 A Yes He indicated that -- he gave a -- I 8 concerning future exposures or potential exposures of 9 duPont employees 8 think he gave a figure of 200,000 pounds used by 9 duPont every year most of the -- most of it at nylon 10 A In his Trip report he said it is important 10 plants sir in 11 that no persons within the company should be exposed 12 Q Did Dr. Stopps differentiate between 13 insulators or sheet metal workers or pipe fitters or in 11 Q All right sir The next reference 1965 12 have you reviewed duPont admissions in this case 13 indicating that duPont as of 1965 was already aware of 14 other trades in the context of possible concern about 15 exposures 16 A No not among the construction trades 17 exposed to the dust from asbestos insulation risk 118 products He indicated that they were all at risk Q Did Dr. Stopps advise the duPont Company in November of 1964 that out or tear work 14 regulations or guidelines related to asbestos 15 exposures or potential exposures at the Kinston North 16 Carolina nylon fac -- nylon facility 17 MR COTTEN Object to the form of the 18 question in that number one it's an improper use of 19 request for admissions 20 Secondarily it misstates the evidence as 121 involving asbestos could be hazardous 21 there has never been use of nylon at the Kinston Page 266 - Page 271 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-29-97 Page facility 272 1 facility 1 2 MR WATERS Did I say use of nylon or did I 2 3 say manufacture of nylon 3 4 MR COTTEN Well you said manufacture of 4 5 nylon There's never been a manufacture of nylon at $ 6 the Kinston facility 6 7 MR WATERS Okay Let me rephrase the 7 8 question in light of the objection 8 9 Q Doctor have you had an opportunity to 9 10 review admissions made by duPont in this case 10 11 indicating that duPont was as of 1965 already aware 11 12 of regulations or guidelines related to asbestos 12 13 exposures or potential asbestos exposures at the 13 14 Kinston North Carolina facility 14 15 MR COTTEN Object to the form of the 15 16 question because it calls for an improper use of 16 17 request for admissions 17 18 Q You may answer Doctor 18 19 A Well duPont indicates that duPont personnel 19 20 reviewed regulations or guidelines related to exposure 20 21 or potential exposure to asbestos at the Kinston 21 Page North Carolina plant prior to 1965 Q In 1966 did you -- concerning 1966 did you have an opportunity to review memorandums from Dr. D'Alonzo who I believe was the medical director at the time indicating that duPont was conducting a confidential investigation regarding mesothelioma deaths of duPont workers 273 A Yes Q All right A They indicate that there had been a case of mesothelioma among one of their plant employees and who died in 19 -- a year worker who died in 1963 and additional investigation is called for here MR COTTEN Objection Nonresponsive Q You should in fact I think Doctor -- you should have two memos there adjacent to one another that are the same in form A Right Q Okay What do those -- in light of the objection let me ask you this question What do those memos indicate concerning Page 274 Page 275 1 duPont's confidential investigation of mesothelioma 1 may have been -- may have had significant exposures to 2 deaths at that time 2 asbestos 3 A Well in addition to the fact that they 4 had -- they knew about this one case Dr. D'Alanzo 5 says please do a careful investigation and let me know 6 if this individual was ever exposed to asbestos in our 7 employ how long he was in what type of work or any 8 other information that may be available 9 If at all possible try to ascertain whether 10 there is any information that this individual worked 11 as a roofer pipe coverer or other type of asbestos 12 exposure prior to joining duPont 13 This inquiry is for our own edification only 4 as no one outside of the company has raised the 15 question have 16 And he says we are hopeful you will keep 17 this information most confidential and let me 3 MR COTTEN Objection Calls for 4 speculation 5 A Yes 6 Q Also in 1966 Doctor you reference a 7 November 8 memorandum where Dr. D'Alanzo is requesting 8 information from various duPont facilities of that 9 asbestos discase among workers 10 Do you see -- do you have that document -- 11 A Yes 12 Qin Qin Qin front of you 13 A Yes I'm looking at the document now 14 Q All right In that document does Dr. 15 D'Alanzo specifically limit his request for 16 information to insulators 17 A Well he asks a lot of things in here He 18 your reply as early as possible 19 Q The communications from Dr. D'Alanzo the 20 duPont medical director do they indicate that at 21 least at that time he felt that roofers for example 18 asks how many time insulators and how many 19 time insulators are employed 20 And then he goes on to ask questions about 21 the insulating materials the use of sprayed Page 276 Page 277 1 insulation products 1 and testimony of Dr. Gordon Stopps 2 Q Does he ask about the need -- or what 2 Q Which we've already discussed correct 3 protective measures may be being utilized with respect 3 A Right Which predates November 1966 4 to asbestos 4 Q right Did Dr. D'Alanzo also in a 5 A Yes he does He asks to know about 5 memorandum of November 14 1966 recommend the use of 6 protective -- preventive measures or safety equipment 6 masks and elimination of certain products due to the 7 when sawing insulating materials removing obsolete 7 extreme hazard 8 insulation and spraying insulating materials 8 A Yes he does 9 And then he goes on to talk about pulmonary 9 Q Do you have also indicated a memorandum from 10 function testing 11 Q Concerning the medical information he asks 10 a Dr. Ford the Kinston North Carolina company doctor 11 for duPont concerning -- in response in effect to 196 7 12 for and the limitation that it pertained to 12 Dr. D'Alanzo's memorandum of November 8 19667 13 insulators at this time based on what we've already 13 A Yes from 14 reviewed was duPont aware that persons other than 15 insulators -- that is to say people who didn't have 14 Q And what are the indications from Dr. Ford's 15 memorandum as to what protective mechanisms or Carolina 16 direct involvement with the use of asbestos 16 measures are being taken when Kinston North Carolina 17 products -- were also at risk from asbestos exposure 17 workers were working in the vicinity of asbestos 18 MR COTTEN Objection to the form of the 18 MR COTTEN Objection The document speaks 19 question 19 for itself 20 Calls for speculation from the witness 20 A Well he says 1- he makes reference to 21 A Yes This is indicated in the documentation 21 positive exhaust of band saws and no control devices Evans Reporting Service Page 272 - Page 277 Page Barry Castleman 1-29-97 TM Multi Adams v DeNemours Page 278 sawing Page 279 sawing 1 for hand with 2 Q What did hestate with respect to possible 3 respiratory protection 4 A There isn't anything about respiratory * protection He talks about glove and eye protection in this answer 1 A Well he talks about -- he talks about 2 control measures associated with the application of a 3 sprayed asbestos product called Limpet insulation and 4 he says that first that the spraying is performed in S an isolated area away from shops and locations where 6 the dust might be pulled into conditioning 7 Q And is that response in response to a 7 systems 8 question about what protection is being used around 8 Second that the insulators engaged in 9 asbestos 10 You may need to refer back to D'Alanzo's 9 spraying are required to wear fresh air supplied 10 respiratory protection 1 memo asking 11 He says we have also ordered the MSA 12 A Yes D'Alanzo's asking for a listing of 13 preventive measures and this is what was listed So 14 in answer to your question he talks about gloves -- 12 cartridge type respirator and ultra high filter type 13 H 50 micron density cartridges 14 So this is for the sprayers They're 15 glove and eye protection here 15 talking about respiratory protection that was being 16 It doesn't say anything about respiratory 16 used 17 protection for the dust 18 Q right Moving on to 1966 Doctor and 19 in reviewing the deposition of Mr. Keuper what did he 17 Three Shop men and craftsmen are required 18 to wear respirators while cutting materials containing 19 asbestos indoors This applies to hand saw as well 20 indicate took place in 1966 concerning measures to 21 reduce exposure to asbestos 22 as power driven saw operations 22 And four A vacuum cleaner has been ordered Page 280 Page 281 1 for shop cleaning The insulation shop will be kept 2 clean and free of accumulations of dust 1 A This is the Keuper deposition - 2 MR COTTEN Could you tell us what exhibit 3 Q In his deposition did Dr. -- excuse me Mr. 4 Keuper indicate that 1966 was the year that the 5 construction division of duPont finally instituted 6 measures to reduce exposure despite the fact that he 7 had been recommending that for at least three years 8 MR COTTEN Objection to the form of the 9 question 10 A His testimony goes beyond what's contained 11 in this document 3 number that is if it's been marked as an exhibit 4 MR WATERS It has not been marked None 5 of these have been marked We can mark them all I 6 don't really have a problem with that 7 MR COTTEN I don't mind however you want 8 do that If it's got a DUP number on it I'd like 9 to know 10 MR WATERS The Keuper deposition 11 MR COTTEN h~-n~-n 7 The document itself does not say that Q Do you have the testimony there 12 MR WATERS I don't think it does 13 because this one came from his files -- 14 ^ I believe so I was reading from it before 15 so possibly here somewhere 14 MR COTTEN Okay 15 MR WATERS - and is not the one produced 16 QIt's QIt's there somewhere And let me rephrase 78022 the question while you're looking for that Doctor 78022 In Mr. Keuper's deposition what did he 78022 78022 indicate measures anything if concerning the adoption of by the construction division of duPont in 21 1966 and why that was not done until that year 16 to me 17 MR COTTEN If he could tell us -- 18 MR WATERS The page numbers 19 MR COTTEN -- the date of the deposition 20 and the page numbers that would be very helpful 21 THE WITNESS well the deposition is in the Page 282 Page 283 1 -- deposition of Mr. Keuper in the case of Charles 2 Clark and several other cases filed in Delaware 1 of Mr. Keuper about control measures to protect 2 workers from asbestos and the question -- there are 3 MR COTTEN Just -- pardon mc . 4 THE WITNESS And the deposition was 5 dated -- 3 several questions here on 338 4 What years did you do those studies 5 We did the studies in 1966 in 6 MR COTTEN Let me ask you a question 6 QUESTION So then sir the reductions in did 7 Does that indicate if duPont was a party to 8 that deposition 9 THE WITNESS Yes 7 the use of asbestos insulation products in fact did 8 not occur until after 1966 ANSWER That's right 10 MR COTTEN In the style of the case 1 THE WITNESS It indicates that they were 12 represented by an attorney named Thomas Morrissey 13 MR COTTEN Okay And what was the date of 14 it 10 And then it goes on Is there any reason department 11 why sir you as your head did not 12 implement the reductions prior to 1966 13 And he says Why 14 And the question Yes sir 15 THE WITNESS This is January 31 1984 16 MR COTTEN All right Thank you 15 And Mr. Keuper answers Because I couldn't 16 get it accepted by management I couldn't get it 17 BY MR WATERS 17 through 18 Q Do you recall the question Doctor or do [ + need to give it back to you A You were asking me about the -- whether 41 there had been some delay in responding to the urgings 18 Q All right 19 A And then they go on to talk about how this 20 was going on between the years 19 looks like 63 and 21 '66 Page 278 - Page 283 Evans Reporting Service Adams v DcNemours MultiIM Barry Castleman 1-29-97 right 123 Q All right sir Page 284 1 the deposition of Dr. Karrh Page 285 123 In 1968 moving on in the outline did Mr. 3 Keuper author a memorandum that discussed whether or 4 not workers in adjacent areas to the work location 5 should receive protection 6 A Yes he did 2 Do you recall Dr. Karrh stating that efforts 3 should be made to quote stay away from mentioning 4 the more frightening medical aspects of asbestos end 5 quote 6 A Yes 7 Q What were his comments in that regard 8 A Well he indicates the workers in the 9 10 adjacent adjacent released area into should be protected the workplace air from asbestos ] Q right Your outline references a 1970 12 asbestos conference and some citations from Dr. 13 Stopps deposition 14 Can you tell us what was of significance 15 from Dr. Stopps deposition concerning that 16 conference 7 MR COTTEN Object to the form of the 8 question as it fails to advise date time or place of 9 the deposition the page numbers or lines that he's 10 reading from 11 MR WATERS Fair enough 12 Q Go ahead Doctor I'm sorry 13 A The deposition was in 1983. That's all that 14 we have recorded here And Karrh said to stay away 15 from mentioning the more frightening medical aspects 16 of asbestos that 672222 A Well Stopps testifies that the workers 672222 should be told asbestos causes cancer causes two 672222 kinds of cancer and that this was first recommended 672222 in 1970 21 Q All right In 1973 there's a reference from 17 MR COTTEN What are you referring to 18 THE WITNESS My own notes 982 MR COTTEN Those are your notes 982 THE WITNESS Right 982 Q In 1973 Doctor was there also issued by Page 286 1 duPont a safety engineering standard that you have 1 2 reviewed 2 3 A Yes 3 4 Q And does that document make any statements 4 on behalf of duPont concerning the length of time that 5 6 it has been known that asbestosis and lung cancer were 6 7 caused by exposure to asbestos 7 8 MR COTTEN Object to the form of the 8 9 question It's vague 9 10 Q You can answer Doctor 10 11 A They indicated that's been known for a long 11 12 time : 12 13 Q And specifically Doctor in light of the 13 14 objection can you tell us what the duPont safety 14 15 engineering standard confirmed in 1973 concerning 15 16 knowledge of the hazards of asbestos 16 17 MR COTTEN Object to the form of the 17 18 question 18 19 It's vague 19 20 A Well it states here asbestosis and lung 20 21 cancer have long been associated with exposure to 21 asbestos Page 287 Q And that statement that you just read Doctor is that on an official duPont document A Yes it is Q Docs it contain the duPont logo A Yes it does on the bottom of the same page Q right Doctor the last reference in your outline is a reference to a deposition -- another deposition of Dr. Karrh Do you see that A Yes Q Okay And what does the reference indicate as in 1980 concerning a Dr. Neeld and his actions with respect to an ray report or a person who may have had asbestos disease A The request was made to delete the word asbestos from the ray report Q What is the significance of that Doctor MR COTTEN Objection to the form of the question Calls for speculation on the part of the ! witness 2 Q Let me -- let me rephrase the question Page 288 1 2 Let me ask you first if you can assume that A Yes Page 289 3 Doctor 4 In your opinion in the context of assessing 5 corporate knowledge and reaction to the knowledge of 6 hazards of asbestos what is the significance of Dr. 7 Neeld's actions as described by Dr. Karrh in his 3 Q I want you to further assume that Mr. Adams 4 was not provided any protection from the hazards of asbestos during those time frames when he was exposed 6 Can you assume that 7 A Yes 8 deposition 8 Q I want you to assume that no efforts were 9 MR COTTEN Same objection 10 A Actions like that are generally taken to 11 lesson liability of companies where occupational 9 made by duPont to inform my client and others 10 similarly situated concerning the hazards of asbestos 11 until at the earliest the late 1970s 12 diseases are being recognized 12 Can you assume that 13 Q Doctor I'd like you to assume certain 13 A Yes 14 facts if you will and I'll recite that -- those at 15 this time 16 I want you to assume that in this case the 17 jury will consider evidence that my client's father 18 and husband was exposed occupationally to asbestos 19 while working as an insulator and a sheet metal worker 20 at the duPont Kinston facility in the 1950s 60s 21 70s and 80s 14 Q I want you to also assume that there will be 15 evidence before this jury that literally dozens of 16 persons were identified by duPont as suffering 17 asbestos injuries many of whom ultimately filed 18 claims as a result of those injuries 19 Can you assume those facts 20 A Yes into 121 Q In addition Doctor I want you to take into Evans Reporting Service Page 284 - Page 289 Barry Castleman 1-29-97 Multi Adams v DcNemours consideration consideration evidence Page 290 Page 291 1 consideration the evidence you've reviewed today 1 Do you recall that evidence particularly 2 the fact that duPont was well aware of 3 Dr. Selikoff's 1964 data indicating that upward of 94 2 A With Dr. Stopps yes I do 3 Q Dr. Stopps 4 percent of persons with significant and lengthy occupational exposure would develop disease Do you recall that evidence 4 Based on all of those facts and the 5 assumptions that I've previously provided to you 6 Doctor do you have an opinion as to whether or not Yes 78 A Ad itional y 78 Q Additionally Doctor I'd like you to recall 7 duPont knew with substan 8 these exposures took place certainty at the time _. serious injury or 9 the evidence from various forms various sources that 10 duPont was aware that small exposures to asbestos 9 death was substantially ce . to occur 10 And I ask you first t you have an opinion Il could cause disease and death 11 based on reasonable scientific probabilities 12 Do you recall that evidence 13 A Yes 14 Q Lastly Doctor I want you to assume -- or 15 excuse me -- I want you to recall if you can the 16 evidence in this case that duPont employees had 17 been -- supervisory employees at a significant level 18 in the corporation had been unsuccessfully calling for 19 reform for additional asbestos protective measures 20 starting at least in 1960 with Mr. Keuper and 21 continuing in 1964 with Mr. Stopps 12 A Yes I do 13 Q And what is that opinion Doctor 14 MR COTTEN Let me -- before you state your 15 opinion Doctor let me make the following objections 16 First there's a failure to provide a 17 proper predicate for the Doctor to state such an 18 opinion 19 The hypotheticals are improper they're 20 insufficient and they contain many assumptions and 21 opinions as opposed to facts Page 292 Page 293 1 They also contain facts that are not in the 2 evidence in this case and a misstatement of the facts 1 anticipate that Mr. Adams and others similarly placed 2 in their organization would be at very high risk of 3 and grossly misstate the evidence in the case 4 It includes information as an example of 5 claims of -- as stated by Mr. Waters dozens of people 6 with asbestos diseases without tying any of 6789 that information to time 6789 It fails to advise the witness that none of 3 developing occupational disease 4 MR COTTEN Objection Nonresponsive 5 Q Doctor in formulating your opinions in this 6 case have you reviewed the same or similar types of 7 materials that you reviewed in formulating the 8 opinions that are contained in your book about various 6789 these claims were made or came to the attention of 9 corporations 10 duPont during any reasonable time frame that Lester 11 Adams may have been exposed to asbestos in this case It assumes that he was exposed to asbestos in this case without proof of such matter and in 14 general the hypotheticals are overbroad and vague 15 That's it 16 MR VOGLER Specifically are we -- never 17 mind I'm sorry 18 I join in that objection 19 Q You may answer Doctor 20 A Yes I believe that the duPont Company was 21 in possession of sufficient information to reasonably 10 A Yes 11 Q Have you in fact in the past been called 12 upon to evaluate corporate knowledge and corporate 13 response to knowledge concerning the hazards of 14 asbestos 15 A Yes many times 16 Q Have you been qualified by numerous courts 17 in various states of this country to testify on those 18 issues 19 A Yes 20 MR VOGLER Objection 21 MR COTTEN I'll join in the objection Page 294 Page 295 123 Q In light of the previous objection 2 concerning nonresponsiveness I'm going to rephrase one 3 more question to you on this 4 Again based on the assumptions that I r Q And what is that opinion Doctor 2 A That they had sufficient information to 3 anticipate the problems that have occurred among Mr. 4 Adams and some of his cohorts 5 provided to you that I think will be established by 6 the evidence and based upon the evidence that you've 7 reviewed for the jury today do you have an opinion as 8 to whether or not duPont knew with substantial 9 certainty at the time these exposures took place that 10 serious injury or death was substantially certain to 11 occur S MR COTTEN Objection Nonresponsive 6 Q In your opinion Doctor did dupont have -- 7 in your - strike that is substantial y 8 In your opinion Doctor is it substantially injury 9 certain that duPont had knowledge that serious injury 10 or death would result from exposures that took place 11 as previously described objections 12 And I ask you to base your opinion on 13 reasonable scientific probabilities 14 A The answer is 12 MR COTTEN Same objectiotnhes last 13 objection -- reincorporate the last objections to the 14 form of the opinion question leading 15 MR COTTEN I'm going to reiterate -- 16 MR WATERS You can if you want just say 17 they're the same 15 MR VOGLER It's also leading 16 A The answer is yes light of 17 Q Okay One more time in light of the last 18 MR COTTEN -- all of the prior objections made to the last time you asked him concerning his opinions 121 A The answer is yes objection 18 is opinion 282 What is your opinion concerning the 20 extent -- strike that 282 Let me ask you Doctor if you agree or Page 290 - Page 295 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-29-97 Page 296 Page 297 1 disagree with the statement that duPont knew with 1 relate to the Woodson standard 2 substantial certainty that serious injury or death was 2 A My opinion is that duPont had a substantial 3 substantially certain to occur at the time the 3 basis for anticipating that Mr. Adams and people 4 exposures to Mr. Adams took place S MR COTTEN I object to 6 AI AI agree with that 7 MR COTTEN -- object to the form of the 4 similarly situated would develop occupational diseases 5 if they were not protected from asbestos dust in the 6 course of their employment 7 MR COTTEN Objection Nonresponsive 8 question for all of the reasons stated to all the 8 Q right It's time to shift gears 9 prior opinion questions with respect to the questions 10 concerning substantial certainty and the Woodson 9 Doctor why don't you give me the duPont 10 materials you've been reviewing and I'll give you 11 standard 11 back your stack on Harbison 12 A agree with that statement 12 THE WITNESS This might be a good time for 33 Q What is your opinion Doctor with respect 13 a break 14 to the certainty or substantial certainty of duPont's 14 MR WATERS All right 15 knowledge concerning serious injury or death in the 16 context of exposures in the 50s 60s 70s and 15 THE VIDEOGRAPHER We're going to go off the 16 record at 12:35 p.m. We're going to switch tapes 17 80s ,, ,This is the end of tape number one We're now going 18 MR COTTEN Let me object to the form of 18 to tape number two 19 the question as being hopelessly overbroad 20 Secondarily object to it on the same basis 19 MR VOGLER just want to note for our 82 record a couple of objections to two exhibits that I 21 as the prior objections concerning his opinions that 82 expect to be used in the course of the next few Page 298 Page 299 1 minutes of the deposition 2 The first was given to me this morning 3 It's entitled Harbison Walker Development of 4 Knowledge of Asbestos Hazards S It's a three document apparently 1 available in the room for our review 2 I do understand they're referenced in Dr. 3 Castleman's book the Fourth Edition however that 4 too was not listed as an exhibit 30 days in advance as S to Harbison so I would object to that as 6 prepared by the witness at some point in the past My 7 objection to this is severalfold 8 I won't go through all substantive 9 objections which may apply given our reservations and 10 such things but I do object to its use today 11 recognizing that it was just given to me today and I 2 believe in the Texas rules where this is a trial 13 deposition we should have been given more than just a 14 few hours notice of the use of an exhibit 6 well 7 So I object on timeliness grounds as to 8 this also on grounds that it's based on things that 9 are not part of the record are not available for our 10 review 11 Similarly I've been given another document 12 from -- it's a one page -- or pardon me -- it's two 13 pages 14 It is from J. S. Robertson to John Skendall 15 I think the rules give us 30 days so that's 15 June 6th 1973. It's a page memorandum with the 16 the first objection I would make 17 The second is that it apparently relies upon 18 or references other articles which were not disclosed 19 prior to our receipt of this exhibit some Ceramics 20 Abstracts and other things which are referenced and 21 not cited and as I understand it they're not 16 date stamp on the second page 17 My objection to this is also on timeliness 18 grounds This was just given to us today and we did 19 not have forewarning of its use 20 Other objections which I might have to these 21 think need not be raised at this point in time and 1 we can address them at a more appropriate time 2 MR WATERS All right Page 300 1 2 3 Whereupon a luncheon recess was taken -- 3 Whereupon 4 12:32 p.m. 4 S afternoon session -- 1:47 p.m. 5 6 THE VIDEOGRAPHER We're back on the record 6 7 January 29th 1997 at approximately 1:47 p.m. 7 8 This is the beginning of tape number two 8 9 BY MR WATERS 9 10 Q Doctor do you have a document in front of 10 } you marked as Exhibit Number 19 11 12 A Yes 12 13 Q Can you tell us what that document is 13 14 please sir 14 15 A This is a summary of development of 15 16 knowledge on asbestos hazards relevant to the 16 17 Harbison Company 17 18 Q All right sir 18 19 In the context of the preparation and 19 20 completion of this document can you tell us when it 20 21 was that this document was completed or put in its 21 Page 301 final form Was it within the last 24 hours A Yes Q Doctor did I ask you to review certain Harbison documents and other materials and to provide to us your opinions concerning the status of historically knowledge by Harbison about the hazards of asbestos A Yes Q Is that the same type of project for example that you completed for the Chase Manhattan Bank with respect to an asbestos defendant Turner & Newall A Yes MR VOGLER Object to the form of that question A The answer is yes Q Okay All right Doctor let's take this chronologically What is the first significant event that you've recorded on your outline concerning Evans Reporting Service Page 296 - Page 301 Adams v DeNemours MultiTM Barry Castleman 1-29-97 Page 302 Page 303 Harbison 1 A Well among the first would have been the 1 Harbison became a member of the 2 publication of Dr. Merewether regarding his survey of 23 A Harbison Great 23 American Ceramics Society in 1930 3 the prevalence of asbestosis in the asbestos industry in Britain in which he found that about 26 Ceramics 4 The American Ceramics Society published a called the Journal of the American 4 5 percent of the individuals examined were diagnosed as who were alive and working journal Society as well as something called Ceramics 6 having asbestosis people 7 Abstracts 7 in the industry 8 Q What were or what was Ceramics Abstracts 8 And various statistics from this report were passed along in the Ceramics Abstracts as well as 9 what of publication abstracts or short summaries of 9 10 reference to the report by its title and authors and type 10 A These were 11 articles that were of some technical importance or 12 significance in the field of making refractory 13 materials and ceramic products 14 Q Did the Ceramic Abstracts include for 15 example an abstract about the Merewether article on 16 Asbestos and Asbestos Hazards 17 MR VOGLER Object to the form 18 Q Tell us if you will Doctor what early 19 articles of significance were abstracted in Ceramics 20 Abstracts 21 MR VOGLER Again I object to the form 11 on 12 Q In the time frame after 1930 can you give 13 the ladies and gentlemen of the jury a sense of the 14 types of articles concerning asbestos that were 15 presented in Ceramics Abstracts 16 MR VOGLER Objection 17 A Well there were various publications 18 including the reference to Dr. Lanza's book Silicosis 19 and Asbestosis mentioned in the Ceramics Abstracts 20 There are other articles which I have cited 21 on page 710 of my book articles about asbestos and Page 304 Page 305 dust diseases of the 1 Reports on Dust Control referring to a report by the 1 disease on pneumoconioses or Drinker and Clark in 1937 McConnell and 2 Air Hygiene Foundation which was the early name of 2 lungs by 3 Middleton in 1937 Dr. Leroy Gardner a pathologist 3 the Industrial Hygiene Foundation which we've 4 who was a leading authority on asbestos and 4 mentioned first formed for the first few 5 occupational dust diseases of the lungs publications 5 When it was it called Air Hygiene Foundation and 6 by Dr. Gardner in 1940 and 1944 or rather 6 years was there's a written by Professor Drinker of 7 publications appeared as abstracts in 1940 and 1944 in 7 report 8 Ilarvard that's discussed in here and there is Abstracts 8 the Ceramics Also an article by Williams in 1941. Other 9 reference in there to asbestosis and silicosis about 190 on asbestosis by Sayers and Dreessenainnd1N9o3r9 1110 tchaeusdiunsgt trheeascehiknigndtsheofmisncuartreinagircsoancdsitoifontsheilnutnhges and papers 111 by Stone in 1940 Vigliani in Italy in 1940 -- in Norway in 1947 appeared as abstracts in the 12 lungs and various quotes are enclosed from Drinker's Ceramics Abstracts as well as Lanza's book which I 14 mentioned 15 Q Doctor there's a reference in your outline 16 to something called Boilermaker magazine 17 Do you see that 18 A Yes The full title is Boilermaker and 13 report 14 And this issue of Boilermaker and Plate 15 Fabricator also has a page advertisement for 16 Harbison Refractories Company and American Arch 17 Company Incorporated locomotive combustion 18 specialists both as advertisers in a single page 19 Plate Fabricator and this magazine this particular 20 issue was published in December of 1936 21 It includes an article called Committee 19 ad 20 Q Doctor for the record -- I'm sorry 21 MR VOGLER I'd like to move to strike the Page 306 1 nonresponsive aspect of the answer which I think was 2 all of it learned 3 Q Okay Doctor what -- in light of the 4 objection just briefly can you tell us what Harbison- 5 Walker would have from the references to 6 asbestosis found in the Boilermaker magazine article 7 MR VOGLER Object to the form 8 A Well some of the material that was quoted 9 mainly about preventive engineering says in diseases 10 such as silicosis and asbestosis particles must reach 11 the alveoli minute air sacs of the lungs or no 12 silicosis or asbestosis results statements 13 And there are various other statements in 14 here about dust control techniques 15 Q For the record Doctor what is the exhibit 16 number 17 A HW 18 Q All right Doctor What is the next entry on your outline of significance with respect to Harbison Walker's 21 knowledge Page 307 1 A The next entry is that the State of 2 Pennsylvania in its legislation recognized asbestosis 3 as a compensable occupational disease in its -- under 4 its law on workers compensation in 1939 5 Q right Doctor I think the next entry 6 you already spoke about briefly Silicosis 7 Concerning Dr. Lanza's article Silicosis 8 and Asbestosis that was abstracted in the Ceramics 9 Abstracts what would that article or what would that 10 abstract have indicated to Harbison- Walker concerning 11 asbestos 12 MR VOGLER Object to the form 13 A This book contained lengthy sections of about 14 different types of medical discussions this 15 asbestosis by different medical authorities from this 16 country and from Great Britain and there was also 17 some discussion of cancer as a possible complication 18 of asbestosis 19 Q right sir And there's a notation 20 Harbison begins first distribution of 21 asbestos products in 1953 an, Page 302 - Page 307 Evans Reporting Service WITNESS CERTIFICATION I Barry Ira Castleman Sc.D. hereby certify that I have read the foregoing transcript of my deposition taken in the aforementioned case on January 29 1997 10 11 12 13 14 15 16 17 18 19 20 21 I further certify that the transcript is a true and correct transcription of the deposition with the addition of the errata sheet which is hereby made a part of the deposition Dated this day of , 1997 _ Barry Ira Castleman Sc.D. Page No. Line No. ERRATA SHEET Correction Read eee Adams v DeNemours Multi Barry Castleman 1-29-97 Page 308 Page 309 1 Where did that information come from 2 A This is responses in answers to 1 who represented Harbison Walker according to the 2 signed guest list 3 interrogatorics from Harbison 3 MR VOGLER Again I object 4 Q All right What was the McIntyre 4 Q Doctor in what way did the McIntyre 5 conference on occupational chest diseases that took 5 conference of 1955 point out the potential cancer risk 6 place in 1955 6 associated with asbestos or asbestos exposure 7 A This was a meeting in Canada where 7 A There was a paper presented there and we 8 occupational diseases were discussed The guest list 9 includes individuals from a number of companies 8 have a publication that appeared later in 1955 in the 9 AMA Archives of Industrial Health in which it's 10 including Harbison Walker 11 This is at -- in February of 1955. And then 12 the proceedings were published later that year conference 10 indicated first that the papers were read at the 11 McIntyre on occupational chest 12 disease And I see that I was wrong that this 13 Q Who attended that -- 13 particular McIntyre conference was held in Saranac 14 MR VOGLER Let me just insert an objection 14 Lake New York not in Canada Other ones were held 15 to the nonresponsive portion of that answer in 15 in Canada 16 reference to an unauthenticated document which is not 16 In any case this was held in February 1955 17 in evidence 17 and among the papers presented was one by Dr. A. G. 18 Q All right Do you have any documentation 19 Doctor that would indicate who if anyone attended 20 that conference on behalf of Harbison 21 A Yes there was an individual named Burger 18 McLaughlin 19 Q And did Dr. McLaughlin in presenting his 20 paper make any references to asbestos and cancer 21 A Yes he does On page 88 he says the Page 310 Page 311 1 connection between asbestosis and cancer of the lung 1 now appearing among workers who do asbestos lagging of 2 is becoming clearer 3 And in one series of 100 autopsics on 2 pipes and boilers 3 Q There's a reference on the outline that in 4 asbestosis cases there were 25 cases of cancer of the 4 1955 Harbison began to inanufacture and sell its 5 lung 6 Q Does Dr. McLaughlin's paper that was S own asbestos products 6 Can you tell the jury where that information 7 presented at the McIntyre conference in '55 8 make any reference to the potential risk to end 7 came from 8 A This was Harbison own answers to 9 product users that is to say people using or 10 utilizing asbestos products 11 A Yes it does 9 interrogatories I believe 10 Q Incidentally Doctor in the context of 1 completing research and writing the book that you 12 MR VOGLER Object to the form 12 published -- that was published -- from time to time 13 Q Can you restate your answer in light of the 13. have you relied on sworn discovery responses from 14 objection 14 various parties in asbestos litigation 15 MR VOGLER My objection is to the question 15 A Yes I have 16 but -- 16 Q There's indication that in 1958 -- well I 17 MR WATERS No. The problem was you 17 should ask you this fist 18 overrode his answer with your objection or vice versa McLaughlin 19 so was just trying to get a clear record 20 A Dr. does also in this article 21 make reference to cases of asbestosis as he calls it 18 Who was John Skendall 19 A He was a safe -- he was the safety director 22 for Harbison at least in 1958 and some years 22 thereafter Page 312 1 Q Okay What is the significance of as 1 Q Okay 2 indicated in your outline and in the documents his 2 A That's 1958 3 receipt -- excuse me -- his request for information 4 from McIntyre and his acknowledgment of prior receipt 3 Q What's the document reference for the 4 record 5 of documents from the McIntyre conferences 6 MR VOGLER Again I object to the form of 7 the question 5 A HW 6 Q right What other events of 7 significance took place in 1958 Doctor based on your 8 Q Let me -- let me rephrase the question 9 Why don't you just tell us Doctor with 10 respect to your entries for 1958 what those indicate 11 and their basis and their significance 12 MR VOGLER Again I object 13 Q You can answer 8 review of the documentation 9 A Well he says -- Mr. Skendall also 10 corresponds with Ivan Sabourin in 1958 -- Mr. Sabourin 11 was the lawyer for the Quebec Asbestos Mining 12 Association among other things -- and asks for 13 additional proceedings from the symposium on of 14 A Mr. Skendall is writing to the McIntyre 15 Research Foundation indicating that he had asked Dr. 16 Schepers for a copy of his paper and he's also 17 interested in securing his paper at this time having 14 cardiorespiratory diseases in Montreal held in June of 15 1958 16 Q And in 1960 did Mr. Skendall attend another 17 one of the McIntyre conferences at that time keeps 18 not been able to and he generally --more --more generally 19 refers to the fact that he binders of the 20 proceedings of McIntyre Research Foundation 21 conferences 18 A Yes he did 19 Q Let me just ask you generally Doctor what 120 is -- if there is some general significance to Mr. 21 Skendall and Harbison Walker's involvement with the Evans Reporting Service Page 308 - Page 313 Barry Castleman 1-29-97 TM Multi Adams v DcNemours 1 McIntyre Research Foundation and the McIntyre 2 conferences object Page 314 Page 315 I would expect a corporate safety director involved with 2 products that utilize silica and asbestos to be 3 MR VOGLER I object 4 A I'm sorry I didn't understand what the 3 interested in 4 A Yes question was 5 MR VOGLER Objection , Q Let me ask it again 7 In the context of the references 1958 -- 6 Q Let's go on to 1963. What if anything of 7 significance occurred in that year 8 -- excuse me 1955 1958 1960 there are numerous 9 references in the documents to McIntyre conferences 10 and the McIntyre Research Foundation 11 Is there any general significance to 12 Walker's involvement with that organization 13 and more particularly Mr. Skendall's involvement with 14 that organization 15 MR VOGLER Again objection 16 A Well I think that the regular attendance at 17 the symposia indicates a continuing interest in the 18 19 aspects technical by -- caused of industrial lung diseases caused by dusts which remain a subject of these 20 symposia 121 Q Is that the type of information that you 8 A In 1963 we have a letter HW a where 9 Skendall writes to the Industrial Hygiene Foundation 10 and asks for Current Status of Compensation for 11 Pneumoconioses a legal publication 12 The Industrial Hygiene Foundation had 13 publications on all kinds of aspects of occupational 14 diseases and they had a group that just wrote about 15 the different laws in various states under workers 16 compensation for example describing exactly how 17 those laws were phrased 18 And this is one such publication The 282 subtitle is -- or the title is Current Status of 20 Compensation for Pneumoconioses 282 Q And that's published by the Industrial Page 316 Page 317 1 Hygiene Foundation 1 called Brucellosis New Mexico 2 A Yes it is 2 Q. When did North Carolina first from a legal 3 Q What's the -- if there is a date of 3 standpoint make asbestosis or asbestos disease a 4 publication on that document Doctor can you see what 5 is 6 A 1963 4 compensable disease 5 MR VOGLER Objection 6 MR COTTEN Object to the form of the 7 Q right And when was it when Mr. 8 Skendall -- what's the date of the letter when he 7 question 8 Calls for opinion by this witness outside 9 requested that information 9 his area state of expertise 10 A That was February of 1963 I think 10 A Okay rp] Q Does the information or publication from IHF include references to asbestosis as being a 11 Q And I'm -- yeah go ahead Doctor there 12 A The literature reflects that was a Carolina - compensable disease 14 A Yes it does For example on page 32 it 15 lists -- states with specific provisions for 16 compensation payable for the diseases of silicosis and 13 major legal case called McNeeley in North Carolina in 14 1934 I think and this case led to the enactment of 15 legislation where occupational diseases and explicitly 16 including asbestosis were recognized under the 17 asbestosis and a number of states are listed there 17 workers compensation statutes efforts 18 including Arizona Colorado Georgia Maine North 18 Previous to that there had been some efforts this 19 Carolina and several more 20 Then there is one state listed as having 21 compensation for those diseases and an additional one 19 by workers to sue their employers so this -- was this 20 was a way of resolving that short of giving affected 21 workers the option of suing their employers for Page 318 Selikoff's Page 319 1 getting occupational diseases on the job 2 MR COTTEN Objection Nonresponsive 1 Dr. Selikoff's research dealt with the 2 mortality of people in the asbestos insulation trade 3 Q The next reference is in 1966. Let me ask 3 Q The referenced and attached Chemical Week 4 you first are you familiar or have you been prior to 5 working on this case familiar with an article in 4 article does it include any information concerning 5 asbestos and cancer or cancer caused by asbestos 6 Chemical Week in 1966 6 A Yes it does One of the sentences here 7 A Yes It was called Asbestos Awaiting 7 is -- references the U.S. Public Health Service to the & Trial and it appeared in September of 1966 in a 9 prominent trade magazine of the chemical industry 10 Q And how is that article referenced or what 11 allusions are made to that article by Harbison 12 employees 13 A Well this is a handwritten note 8 effect that in the past 30 years the asbestos has increased 9 cancer rate 10 Q All right sir sixfold is basis know the 11 Do you -- is the basis of that 12 statement Selikoff fig -- Selikoff's figures or can article tell the from 13 you Objection 14 Q What's the -- just for the record what's 15 the number 16 A HW 17 Q Okay 18 A Makes reference to the attached Chemical Week article and makes reference to the research of 14 MR VOGLER Objection 15 A You cannot tell exactly from the article 16 what they're referring to as the primary source 17 Q right And the document itself IIW 18 to whom is that addressed the request to get a copy study 19 of the Selikoff director . Dr. Selikoff and Dr. Churg at Mount Sinai Hospital in 21 New York City which is discussed in this article 20 A John Skendall the safety director 21 Q Okay In your review of the documents what Page 314 - Page 319 Evans Reporting Scrvice Adams v DcNemours Multi Barry Castleman 1-29-97 Page 320 1 did you find to be of significance in the year 1967 1 397 heats 2 A Here they have a laboratory investigation 2 MR VOGLER Object to the form 3 conducted by the Harbison Walker Refractories Company 3 Q Let me rephrase the question in light of the 4 and they're looking at samples of their products 4 objection Well let me ask you first Page 321 5 recovered from the roofs of open hearth furnaces at 5 The document you were just referring to 6 Bethlehem Steel Corporation 6 that was HW correct Doctor 7 They wanted to see what had -- how much 8 deterioration had occurred in the product after 397 7 A Right additional Okay Did review 8 Q you indicated 9 heats of this open hearth furnace 10 Q right And what was the conclusion with 9 documentation from later in 1967 that indicated how 10 Harbison reacted to the prior report that you ] respect to whether or not asbestos was still present 11 just discussed 12 after the heating process 13 A Well they found asbestos once you went 12 MR VOGLER Again I object to the form 13 A Yes I believe this is a communication to 14 down past about an inch and a half below the hot face 15 _ surface in the furnace 14 Bethlehem Steel Corporation 15 Q All right What's the HW number on that 16 Q All right 16 one 17 A And they have various pictures as well 18 showing that 17 A I'm afraid there isn't one on the page I 18 have here It's part of my confusion 19 Q How did Harbison react to -- later in 19 Q Oh let's see 20 the year 1967 to that finding that there was 21 unaltered asbestos present in the open hearths after 20 A December 27 I think 1967 but I'm not 21 sure 1 Q Let me see that very quickly Doctor Page 322 Page 323 1 expansion allowance should be provided with asbestos 2 A Indicating 345 Q Okay Do you have 345 A The 1967 document seems to pick up on the 345 same theme 6 Q Okay Is that HW you're looking at 2 rollboard -- and 3 Q All right 4 A that the asbestos thickness should 5 not exceed an eighth of an inch 6 Q Bear with me one second 7 A Yes it is 8 Q Okay What does HW indicate in 1967 in 9 response to HW 10 MR VOGLER Objection 11 A Well it reviews the stress on the open 7 Whereupon pause 8 Q Continuing in your outline Doctor 1972 did 9 you have an opportunity to review HW 10 A Yes I have 11 Q And what was the significance if any of 12 hearth roof and the studies that have been conducted 12 that document 13 They go into considerable detail about the types of 14 stress various temperatures and so forth 15 Q Does the document --- or in the document does 16 Harbison recommend that roofs using the Nucon 17 bricks be provided with asbestos rollboard based 18 A Yes On page 6 the last page of this 19 document HW they say on this discussion we 20 recommend that all Exkase Nucon and Exkase Nucon 60 21 roofs up to sixteenths of an inch per foot 13 A Well they are writing back here to 14 Bethlehem Steel acknowledging that they've shipped the 15 company brick with asbestos rollboard as filler strips 16 between the brick and the metal case 17 Harbison correspondence says that we 18 do not consider this a hazardous product in the form 19 that it is being used 20 Q Is there any effort on the part of Harbison- 21 Walker in that document to advise Bethlehem Steel of Page 324 Page 325 1 the potential hazards of asbestos generally 1 hazards under OSHA included targeting certain 2 MR VOGLER Object to the form of the 2 substances to be given special attention And the 3 question 3 first line of this document an interoffice 4 A There's nothing about here about the hazards 4 correspondence of Harbison from Mr. Skendall 5 of it -- nothing in here about the hazards of asbestos 6 except the statement that we feel that we cannot substances S says asbestos dust is one of the five target 6 to be given special attention under OSHA 7 substitute for the asbestos fill^rstrips at this 7 And he then asks a number of questions about 8 time 8 the ways in which asbestos is used the number of 9 That's the only -- 10 Q All right have 9 people involved precautions in effect whether there 10 been inquiries or complaints from the employees about } A -- only thing that suggests that there might 12 have been some concern the asbestos and the 1 Q right In the documentation that you 12 were provided and that we were provided did you see 13 desire to find a safer substitute 13 any response to this particular Skendall memorandum 14 Q right The next referenced document in 15 1972 is HW 14 A No. 15 MR VOGLER I'm going to object to the form 16 Can you tell me what you found to be 17 significant in that particular document 18 A Well here it's noted the Occupational 19 Safety and Health Administration has started up by 20 this time It was a new agency 21 And the federal regulation of worker health 16 of that question 17 Q I'm going to strike -- I'm going to withdraw 18 that question 19 The next document that you make reference to 20 in your outline Doctor is HW and I don't think 21 that is in your stack Let me hand you a copy of it Evans Reporting Service Page 320 - Page 325 Barry Castleman 1-29-97 TM Multi Adams v DcNemours 1 Let's go off the record for a second while I find 2 this Page 326 Page 327 1 Q Who is the author of that memorandum and 2 that statement 3 THE VIDEOGRAPHER We're going to go off the 4 record at 2:20 p.m. Whereupon discussion off the record Whereupon a brief recess was taken -- 2:20 7 p.m. 8 Whereupon after recess -- 2:32 p.m. 9 THE VIDEOGRAPHER 2:32 p.m. We're back on 10 the record 11 BY MR WATERS 12 Q Doctor have you had an opportunity to 13 review HW 3 A It appears to be D. R. Pflaumer 4 m The two names on the upper left 5 corner are his name and the name of P. E. Fisch 6 h 7 One is the writer of the memorandum and the 8 other is the recipient 9 Q Doctor based on your review of the 10 documentation prior to 1972 which we've been going 11 over the past period of time let me ask you first 12 if you believe the statement in HW that you just 13 read to be true and accurate 14 A Yes I have 15 Q And can you tell us what that document is 16 and I guess tell us first the date of the document 17 A This is dated August 16th 1972 and it's an 18 intercompany memorandum titled Standards for Asbestos 19 Dust and it begins with a sentence Harbison Walker 20 has been acutely aware of the asbestos problem for 21 many years 14 MR VOGLER Objection 15 A Yes I do It's consistent with the 16 documentation we've been reviewing 17 Q Well that was my next question In light 18 of the objection I'll ask it as well 19 Do you find that the statement contained in 20 HW to be consistent or inconsistent with the 21 information and the documentation available prior to Page 328 Page 329 1 1972 I exposure in the plant to noise clay dust and asbestos 2 A It's consistent with the other information 2 dust and it is indicated that some of the workers in 3 that we reviewed on Harbison prior to 1972 3 the plant were exposed to asbestos levels that 4 Q The next document referenced in your outline 4 exceeded the amounts tolerated by the OSHA standard at 5 is HW 5 the time 6 A Yes 7 Q Can you tell -- give us a date first on 8 HW 6 MR VOGLER Objection Move to strike 7 Q right sir The next document 8 referenced is HW 9 A There's a cover memorandum or a cover letter 10 from an insurance company It looks like it says ] received -- a handwritten received 10-2-72 The writer of this is Norman Zeiser J Z and it's sent to Dresser Industries 14 Harbison Refractories 15 Q Just in general without quoting or citing 16 from the article can you tell us what the article 17 indicates concerning possible exposures in excess of 18 OSHA limits 19 MR VOGLER Objection 20 A The letter encloses a report of surveys that 21 were conducted about -- to see the extent of worker 9 Can you tell us what about that document if 10 anything you found to be significant 11 A Well they make reference to Mr. Zeiser's 12 survey of the Fulton Missouri plant This is a 13 letter back to this Insurance Company of North America 14 from John Skendall dated November 8 1972 15 He makes reference to the fact that an 16 asbestos count of 8.55 fibers in the Specialties 17 Plant main floor had been reported in Table II of 18 the report and Mr. Skendall expresses some surprise 19 at this because this was as he says a wet product 20 Q Just to be clear on this the indication in 21 HW and the indication in HW of violations of Page 330 Page 331 the standards are those referring to two separate i document doesn't have an exhibit number on it does 2 incidents or are they referring to the same incident 2 it 3 MR VOGLER Object to the form 3 A No. indicate anything 4 A It's not absolutely clear but it -- oh 5 hold it Yes there's reference to a July 19 1972 6 survey 4 Q Okay Does the document indicate anything 5 about the Canadian Refractories Division having some 6 problems because the workers are concerned about 7 So yes this is the same -- this is all 8 about the same investigation and report of the 9 investigation at this Fulton Missouri plant of July 10 1972 11 Q Moving on into 1973 did you have an 12 opportunity to review documentation of a request for 13 information from the Canadian Refractories Division 7 working with asbestos 8 A Well it says I might add that the problem 9 is imminent and there is considerable difficulty 10 getting men to work with the material 11 Q right Do you have documentation on Mr. 12 Skendall's response to this request from the Canadian 13 Refractories Division 14 A Yes 14 A No I don't think so 15 Q Tell us a little bit about that 16 A Well this is dated June 6th 1973 and 17 they're asking about whether there have been problems 18 with the use of asbestos shorts in your castables 15 Q There's a reference -- 16 A Oh yes hold it There's a -- 323 17 mentions Canadian Refractories Please bear with me a 18 moment asbestos shorts meaning the cheap grade the short . fibers of asbestos 21 Q Does that -- let me ask you first that 19 Whereupon pause 20 A Yes this appears to be a response to Mr. 21 Robertson of Canadian Refractories Division Page 326 - Page 331 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-29-97 Page 332 Page 333 l Q And what does Mr. Skendall tell Mr. 1 A Well in the United States as well as in 2 Robertson concerning Harbison Walker's experience and 3 whether or not they have been in excess of OSHA 2 Canada there was publicity about the hazards of 3 asbestos and there might have been apprehensions that 4 limits 4 management had about labor unrest which would be S A He says I have had tests made at all four 5 stirred up by handing out respirators to the workers 6 operations and analysis showed that we are within the 7 TLV in parentheses Threshold Limit Value required 6 in the United States operations of Harbison Walker at 7 that time 8 by OSHA Therefore we do not even use respirators 8 MR VOGLER Objection and move to strike as 9 Q How does HW and the statement from 10 Skendall that the companies within OSHA limits compare 9 grossly speculative 10 Q If in fact there were exposures in excess [ with HW and HW that you previously discussed } of OSHA limits at the Fulton plant in 1972 and in 1973 12 MR VOGLER Objection 12 Mr. Skendall indicated that respirators were not being 13 A It's not consistent with the earlier 13 used would that have -- would the failure to use 14 documentation suggesting that there were exposures in 14 respirators have also been in violation of the OSHA 15 violation of the OSHA limits already recorded in some 15 regulations 16 Harbison operations 16 MR VOGLER Objection 17 Q Assuming that HW and 105 are true and 18 correct documents do you have an understanding as to 19 why Skendall would indicate that Harbison was 17 A Quite likely The respirators were seen 18 under the regulations as a last resort so that if 19 exposures were not in MLA you know in accord with the 20 continuing to not use respirators in 1973 21 MR VOGLER Objection 20 regulations if they exceeded the limits then 21 respirators were supposed to be provided to the 1237 workers Page 334 l error through your office or somebody's office in Page 335 1237 Q If you could turn to the 1974 document HW 1237 1237 and tell that us what you felt to be significant about 2 copying 3 MR WATERS Well the -- 4 MR VOGLER have no information -- S A. I think at this point they were considering 6 putting warning labels on these products I'm trying for 7 to find the specific language that they used 8 Q Doctor can you tell us when example 9 Manville first put warnings on its asbestos- 10 containing products | A That was in 1964 5 THE VIDEOGRAPHER Excuse me Do you want 6 go off the record 7 MR WATERS Sure 8 THE VIDEOGRAPHER At 2.33 p.m. we're going 9 off the record 10 Whereupon discussion off the record 11 THE VIDEOGRAPHER 2:44 p.m. We're back on - 12 Q. right 13 A This HW is a bit of a confused exhibit 12 the record 13 BY MR WATERS 14 because it starts with two pages from 1955 and then 15 the Bates numbering continues onto a document called 16 Asbestos Dust which appears to be from 1970 17 MR WATERS Yeah let's go off the record 14 Q Turn if you will Doctor to the documents 15 from the 1975 time frame and specifically to HW 16 A Yes I have that in front of me 17 Q What's the date of that document and who is 18 second We don't need to Th yeah let's go off 19 the record I just wanted to see if y'all can clear 20 that up for me or if it makes any sense to you 21 MR VOGLER It was probably just a stapling 18 it authored by 19 A This is from Mr. Skendall called Asbestos 20 Dust Hazards 21 Q What does in 1975 Mr. Skendall say about Page 336 1 whether or not Harbison had been in excess of 1 A Either that or this information he stated in Page 337 2 allowable limits previously 3 A He says we were within the OSHA allowable 4 limit at GRC which is a small intermittent operation 5 at Baltimore and he says we were not only well within 6 the present allowable limit but within the more strict 7 limit which will be effective July 1 1976 8 At Hammond he says we were also well 2 January 1975 is referring to something that Mr. 3 Skendall wasn't aware of earlier but that doesn't 4 seem likely in view of the other documentation 5 MR VOGLER Objection Move to strike as 6 speculation 7 Q Does Mr. Skendall make a reference to a 8 October 27 1972 letter in this particular document 9 within the allowable limit At Fulton however we 10 were in excess of the allowable limit 11 I believe that present tests would show that 12 we are still considerably in excess of the allowable 13 limit 9 HW 10 A Yes he does He says that he had suggested 11 in this letter at the current pace of safety 12 legislation use of asbestos will be uneconomical for 13 us at some future date 14 Q Now how does that statement from Mr. 15 Skendall square with his statement made on HW 16 where he stated that they were generally within OSHA 17 limits 18 MR VOGLER Objection 19 A It's inconsistent I mean one of these 14 It might be well however if it is not too 15 expensive for our GRC people to investigate the 16 possibility of a safer substitute material 17 Q. And again who is this memorandum addressed 18 10 HW from Mr. Skendall 19 A This is to Mr. H. J. Johnson Pittsburgh 20 obviously is not correct 22 office 21 Q All right 22 Q Okay Turn if you will to HW Evans Reporting Service Page 332 - PagPage e 337 Barry Castleman 1-29-97 Multi Adams v DeNemours Page 338 with Page 339 What does 1 HW indicate with respect to 2 the possibility of eliminating or taking asbestos out 3 of certain products 1 regulation and the need for substitution here 2 He says that on Chromepak G we do need a 3 suitable substitute for asbestos The sooner the 4 A The --- this memorandum from an individual 4 better * named Don Stock interoffice correspondence of Harbison Refractories says please consider 7 what might be done to eliminate asbestos from Chromcpak 8 G. 9 Q right Turn if you will to HW 10 the next document on your outline 11 A Yes 12 Q Just give us the date if you can and the 13 author of this particular document 14 A This is dated April 28th 1975 and from R. 15 L. Wuske W to Dr. -- I'm sorry to D. F. 16 Stock at the Garber Research Center interoffice S As you know asbestos is one of the 6 materials on the hazardous list submitted by OSHA 7 As long as we are using the material we are 8 _ inviting OSHA inspections 9 Q All right sir Turning to the next 10 document -- I think they go together -- HW and 11 HW -- let me just ask you to try to speed this up 12 does HW state a recommendation to eliminate two of 13 the containing products that Harbison 14 was selling at that time 15 A I'm sorry Which document were you asking 16 me about 17 correspondence of Harbison Walker 18 Q What does the memo state with respect to 19 OSHA and OSHA's involvement with asbestos asbestos 20 regulation 21 A Well they make the connection between OSHA 17 Q HW 18 A Again they're talking about Chromepak G. 19 We have asked GRC to continue their search for a 20 potential substitute for the asbestos in Chromepak G 21 and will be willing to cancel this product as soon as Page 340 Page 341 1 suitable substitute can be found 1 vein 2 He says however for the present we 3 recommend continuing it 4 Q right sir And then do you also have S IIW 2 MR VOGLER Objection 3 A It says we would suggest that the old 4 product mix be continued long enough to fully utilize 5 all stocks of asbestos so that this item can be 6 A Yes do 6 completely climinated from our manufacturing process 7 Q What does that -- well give me a date of s that if you can 9 A January 5 -- oops This looks like 5 10 1975. Oh 5 1975. Okay So it's May 19th 1975 11 Q Does that indicate a sale of a thousand bags > or sacks of asbestos product to -- I think to Indianapolis Yes 14 A it does 15 Q right Still in 1975 on the third page 16 of your memo -- well excuse me of your outline -- 17 there's an indication that a number of documents 18 reference continuing to utilize all available stocks 19 of asbestos fiber even though a nonasbestos substitute 20 had been found 21 A Yes For example HW speaks in that 7 as soon as possible 8 Q Doctor in your opinion based on your 9 research on a number of companies in this regard why 10 would a company continue to utilize available stocks 11 of asbestos fiber once nonasbestos substitute had been 12 found 13 MR VOGLER Objection 14 A Well it's usually because the company has 15 accumulated reserve stocks of raw materials and they 16 wish to sell them rather than try and dispose of them 17 in some less lucrative way 18 Q In 1976 Doctor you make a reference to 19 HW 20 A I don't think have that one here 21 Q right Let's see What I've done in ae Page 342 Page 343 Institute 1 your outline just so you know Doctor is I've 2 skipped past 329 332 333 and 367 just in the 3 interest of time the labor the obvious 4 A Well I'm afraid I don't have 124 S Q Okay Let me sce 6 Why don't you hand me what you've got 7 Doctor and I'll see if I can speed this up 8 Whereupon pause 9 Q Here it is indicating 10 A Thank you 11 Q What is 124 and the attachment Doctor 12 A This is a communication from the National of 1 from the director the National Institute for 2 Occupational Safety and Health indicate 3 QWhat QWhat does that document indicate concerning 4 the possibility of establishing a safe exposure for 5 the carcinogenic activity of asbestos 6 A Well it states that they really can't come 7 up with any level of exposure which they consider to totally risk 8 be free from is possible 9 They say because it is not possible to 10 specify a safe exposure level for a carcinogen only a 11 ban on the use of asbestos can ensure complete 12 protection against this material's carcinogenic 13. Institute for Occupational Safety and Health 14 something which originated from NIOSH in the United 15 States Government 13 effect ; Objection strike 14 MR VOGLER Objection Move to strike 15 A And he goes on to recommend that the 16 Q And is it sending certain information or 17 attaching certain information to Harbison 18 concerning asbestos , A Yes This is dated March 31 1977 and this 16 exposure limits be set at 100,000 fibers per cubic from 17 meter which would have been a fold reduction from 18 the exposure limits that were about to take effect -- 19 which had taken effect earlier that year is a little transmittal memo to Mr. Skendall and 21 attached to that is a December 15th 1976 memorandum 20 Q right The next notation on your 21 outline is with respect to HW the Skendall Page 338 - Page 343 Evans Reporting Service Adams v DeNemours Multi Barry Castleman 1-29-97 Page 344 Page 345 1 memorandum of April 29 -- 1 after us to advise them on the approximate date when 2 A Right 2 the use of asbestos will be discontinued and if not 3 Q -- 1977 Do you see that 4 A Yes I do S Q Okay Let me ask you first what would surveillance 3 the approximate date when we will begin medical 4 I will appreciate your advice regarding 5 this he says 6 IOSHA A what would that refer to 6 Q And this is authored by Mr. Skendall 7 A Well he indicates in parentheses that 7 A Yes is 8 that's the state of Indiana Occupational Health and 8 Q Does Mr. Skendall go on to state that he 9 Safety Administration the state level of OSHA 9 will try to hold off as long as possible giving 10 Q And in what way has Harbison been 10 Indiana a OSHA definite reply interacting 11 with IOSHA at this point in time 12 A Well it had been cited for violation of the 11 A Yes 12 MR VOGLER Objection 13 asbestos regulations 13 QOkay QOkay In light of the objection what does 14 Q At plant presumably in Indiana 14 Mr. Skendall indicate that his course of action is 15 A Presumably in Indiana yes at the Hammond 16 Works 15 going to be in terms of responding to Indiana OSHA 16 A Well the last sentence says I will try to 17 Q Okay Does it indicate what the position 18 was of the Indiana OSHA regulators concerning asbestos hold 17 off as long as possible giving them a definite 18 reply 19 used at the Hammond facility 19 Q And again this is in 1977 20 MR VOGLER Objection 21 A Yes it does It says the IOSHA people are 20 A Right 21 Q right The next document referenced is 1 HW 234n A Yes Page 346 Page 347 I acceptable substitute -- to find an acceptable 2 substitute was a defensive measure to prepare us for 234n Q Can you tell me the date of that document 3 the eventuality that the use of asbestos would be 234n A This is dated July 25 1978 234n Q And who is the author of that document 4 restricted S We still consider this a defensive program 6 A This is one written by C. F. Wenrich 7 WW 6 although we are in a much better position to consider 7 various alternatives should any of our customers 8 Q And what does Mr. Wenrich indicate with 8 insist on the elimination of asbestos expansion 9 respect to Harbison Walker's substitute program for 10 its remaining asbestos products at that time } A Well it says that trials are underway 12 involving expansion material other than asbestos for 13 two situations they describe Crucible Midland and 14 Lukens Steel 9 allowance 10 Q right And lastly there's a reference 11 in 1980 to 1982 from answers to interrogatories on 12 your outline indicating that Harbison finally 13 ends sales of remaining asbestos products 14 Do you see that 15 Q Does he indicate or characterize Harbison- 16 Walker's efforts to that point in time concerning a 17 substitute program 18 A He does He says I want to stress that we 19 are not initiating trials involving asbestos 20 substitutes 21 The program started in April 1976 to find 15 A Yes 16 Q And can you tell us -- tell the jury again 17 where that information came from 18 A From the company the company's answers to 19 interrogatories in this case 20 Q right Doctor based on your review of 21 the Harbison documents that we've just 1 discussed and based on your understanding of the 2 medical and scientific literature concerning the Page 348 Page 349 cement I products at least the ones that included -- 2 cementitious products that were mixed whether or 3 hazards of asbestos do you have an opinion based on 4 reasonable medical science -- reasonable scientific 3 not those products would have been unreasonably 4 dangerous And by that I mean more dangerous than 5 probability as to whether or not Harbison was 6 negligent in manufacturing and selling asbestos 7 products until 19 -- at least 1975 without any type of 5 would have been anticipated by the ordinary consumer 6 who would have been exposed to those products 7 MR VOGLER object to the form of the 8 warning or precautionary labelling 9 MR VOGLER 1 object to the form of the 10 question as well as the substance which we can it address later 12 Q Do you have an opinion in that regard 8 question 9 A Yes I do have an opinion about that 10 Q And what is your opinion sir 11 A My opinion is that it would have been much 12 more dangerous than contemplated by the users of the 13 Doctor 13 products absent some warning 14 A Yes I do 14 MR VOGLER have the same objection to 15 Q And what is that opinion 16 MR VOGLER Same objection 17 A I believe the company should have been 18 applying warning labels and seeking substitute 19 formulas for making its products well before 1975 .20 Q. Do you have an opinion Doctor as to 21 whether or not the Harbison containing 15 the second question Walker's 16 Q Based on Harbison continuation of 17 manufacture and sales of asbestos products until the 18 1982 time frame in its failure to provide warnings at 19 least until 1975 if not subsequently as well as all 20 the other documentation you have reviewed do you have 21 an opinion as to whether or not Harbison was Evans Reporting Service Page 344 - Page 349 Barry Castleman 1-29-97 negligent 1 grossly negligent 123t MR VOGLER Again I object to the form of 123t the question it's 123t I think it's hopelessly vague Q You can answer Doctor . A Yes do 7 Q And what is your opinion 8 A Yes I think the company was grossly 9 negligent in its failure to put warning labels on its 10 products for so many years and in dragging its feet 11 the question of substitution of asbestos with safer 12 materials right 13 MR WATERS All witness I'll pass the 14 witness 15 MR VOGLER Why don't we take a few 16 minutes 672982 MR WATERS Okay 672982 THE VIDEOGRAPHER We're going off the 672982 record at 3:03 p.m. discussion off 672982 Whereupon discussion off the record 21 Whereupon a brief recess was taken -- 3:03 Multi Page 350 Adams v DcNemours Page 351 1 p.m. 2 Whereupon after recess -- 3:26 p.m. 3 Whereupon Castleman Deposition Exhibit 4 Number duPont 1 was marked for identification S THE VIDEOGRAPHER 3:26 p.m. We're back on 6 the record 7 EXAMINATION & BY MR COTTEN 9 Q Dr. Castleman my name is Larry Cotten I'm on 10 here today representing the duPont Company 11 I was present for your deposition in this 12 case that you gave the first day of back in November 13 of last year and I'm here to both question you about 14 what you've talked about today as well as what you 15 talked about back in November 16 First of all I've handed you and you're 17 leafing through an exhibit that's been marked as 18 duPont 1 19 And do you recognize that as a series of 20 documents that begin with an affidavit of service of a 21 subpoena in this case te 123 A Yes 123 Q And does that page 1 of duPont 1 show an 3 affidavit of service where you were served with a Page 352 1 Page 353 MR WATERS Well how did you know about 2 this date if you didn't get a letter from me 234 MR COTTEN We talked about the day 4 subpoena to appear for this deposition here today S A Yes it does 6 Q And at the second page of duPont 1 that you 7 have there does it show that you were commanded by 8 the Circuit Court for Baltimore City to appear at this 9 deposition at 9:00 a.m. this morning January 29th 10 MR WATERS At 9:00 a.m. 234 MR WATERS Okay S THE REPORTER One at a time 6 MR COTTEN And I noticed this 7 deposition for 9:00 a.m. And this witness knows that 8 and this witness knows he was subpoenaed to appear at 9 9:00 a.m. I'm just asking him these things 10 MR WATERS well I -- whatever iL MR COTTEN Yes sir MR WATERS That's when you noticed it for MR COTTEN Yes sir 14 MR WATERS I thought we had an agreement 15 that it was going to start at 10:00 16 MR COTTEN We didn't have an agreement 17 but that's okay 18 MR WATERS did not send you a letter 19 saying when the deposition was going to start 120 MR COTTEN I didn't get a letter from you 21 Andy and we were here ready to go 11 MR COTTEN Right I 12 Q And didn't hear your answer Were you 13 subpoenaed to appear today at 9:00 a.m. here 14 A The subpoena says 9:00 a.m. on this date I 15 did not notice the time 16 Q All right 17 MR WATERS I might add just for the 18 record that other counsel were with me in the 19 breakfast room at 9:00 a.m. or shortly thereafter and 20 maybe you were here Mr. Cotten but no one else was 21 aware that you intended to commence at that time Page 354 Page 355 1 MR BEVEL Well I'm not going to let you 1 had not made any arrangements for a court reporter or 2 speak for me because I didn't have any idea when the 2 a videographer or a room and we did so and we did so 3 deposition started I just knew it started today 3 with the understanding the deposition was going to 4 And I showed up and looked at your -- looked at the 4 commence at 10:00 S board outside that said you had this room reserved 5 MR COTTEN I very much appreciate you 6 from 8:00 to 5:00 and the only reason I came in to 6 doing those things since this is a continuation of 7 have breakfast was because I saw you in there having 8 breakfast 9 MR WATERS well I don't- -- 7 your own deposition 8 MR WATERS Well then I guess the depo 9 started when I wanted it to start not when you wanted 10 MR BEVEL don't want you to speak for my 11 intent * 12 MR WATERS I appreciate that 13 MR BEVEL -- that I knew that the depo 14 started at 9:00 I had no idea if it started at 8:00 15 9:00 or 10:00 10 it to 11 Q The next thing the second page of 12 Deposition Exhibit , duPont 1 indicates that you were 13 to produce documents commanded to produce documents 14 by this court that are indicated on Exhibit A attached 15 to the deposition notice which is a part of duPont 16 MR WATERS And I don't mean to speak to 16 Number 1 17 your intent 18 MR BEVEL And that's all I was tryintgo correct for the record . MR WATERS Having said that we contacted 21 Mr. Cotten's office last week They told us that they 17 Do you see that I 7982 A see that 7982 Q And during the direct examination today of a 7982 you by Mr. Waters you did provide me an opportunity 7982 to look through documents in file that you've called Page 350 - Page 355 Evans Reporting Service Adams v Nemours Multi Barry Castleman 1-29-97 1 your duPont file 2 A Right 3 Q And with the exception of that did you Page 356 Page 357 I that you have brought with you at this deposition 2 MR WATERS Let me just just to clarify 3 we also brought the Stopps deposition with us this 4 bring any of the other documents that are called for 4 morning -- 5 by Exhibit A and are required to be bring -- to be 5 MR COTTEN All right sir 6 brought to this deposition according to the subpoena 6 MR WATERS -- and the attached exhibits 7 from the court here in Baltimore 7 MR COTTEN Right 8 A I haven't brought anything clsc no 8 THE WITNESS 1 think that covers it 9 MR WATERS Well Barry -- 9 Q All right sir 10 THE WITNESS I brought in my book I 10 Now have you reviewed the Exhibit A which 11 brought the Sixth -- the Fourth Edition of my book 11 is the list of the matters that I wanted you to bring 12 MR WATERS I think he previously at the 12 here today according to the subpoena 13 last deposition brought his CV which was marked as an 13 A I looked at it 14 exhibit addition 15 Q Right And to be completely fair at the 16 last deposition you brought in to that a 17 document entitled Transactions 25th National Safety 14 MR WATERS Let me interpose a question 15 Is that the same document list that you sent 16 to us first time around 17 MR COTTEN No I don't think so I think this 18 Congress and a document entitled National Safety 18 this one is the one that was attached to the amended 19 News dated September 1935 and a document entitled 19 cross notice of intention to take his deposition 20 National Safety Council Transactions dated 1966 20 MR WATERS But is it any different in the 21 Would that be the extent of the documents 21 context of the documents request than the one that you Page 358 Page 359 1 sent back in October or whatever I Q right What about all of the documents 234 MR COTTEN I think so yes 234 MR WATERS Okay The reason I say that is 2 that you referred to in your examination -- in Mr. 3 Waters examination of you today concerning all of the 234 because Dr. Castleman and I spent a fair amount of 4 articles and medical reports and so forth that you So time last time going through whatever it was you asked 6 for last time without you telling me -- and I'm sure 5 refer to as a part of your testimony 6 MR WATERS We brought those as well 7 you will -- what the distinctions arc 7 They're right here on the floor in chronological 8 MR COTTEN All right Well want to go 8 sequence starting with 1907 or 1934 looks like 9 through it in light of the fact that some of the 9 MR COTTEN Okay 10 things that are called for in this subpoena have not 10 Q According to my count from your deposition 11 been produced and determine whether or not they exist 11 of November the 6th 1996 there were 51 documents that 2 Q If you would we'll go through this one by 12 you referred to 13 one 13 MR WATERS Oh are you referring to the 14 On Exhibit A to duPont Exhibit 1 Number 1 15 it calls for you to bring all documents of any type or 16 nature which show the subject matter of your testimony 17 to be made at the trial of this case 14 articles 15 MR COTTEN Every article every document 16 that he's referred to in his deposition In order for 17 the defendants in this case to be able to make a 18 Is it your testimony that the documents that 19 you've produced here today are the only ones that show 20 the subject matter of your testimony 21 A That's what I would expect 18 complete examination of him we need to know 19 what he was talking about 20 MR WATERS Well I'm not going to disagree 21 with you on that I mean having said that it's all Page 360 1 in the library but I mean it's articles and 2 magazines You can get it as easily as we can 3 If the doctor doesn't have it in his 1 this case 2 Have those been produced at this deposition 3 A. think so The opinions were rendered as discus ed 4 physical possession then he's not going to bring it 5 to you 6 Having said that and being the nice guy that 7 am I brought those all with me my own personal 8 archives and if you wish to have a chance to review 9 them during the course of the remainder of the 10 deposition you may 11 MR COTTEN Okay We will see what you've 12 got and see if it's everything he's referred to 13 O Number 2. All documents of any type or 4 the documents were discussed 5 Q Okay I understand that the opinions were 6 rendered as the documents were discussed but at the 7 time that you rendered those opinions on November the 8 6th 1996 you didn't produce the documents 9 The documents -- you were doing this as I -- 10 as best I could tell from memory ; is that accurate 11 ^ I honestly don't recall I haven't read a 12 transcript of what happened on November the 6th I've 13 been deposed a half a dozen times since then in other it's 14 nature which show the substance of the facts mental 14 cases I've been in some trials And it's a 15 impressions and opinions to which you will testify at 15 little -- I'm at a disadvantage trying to answer your 16 the trial of this case 16 question 17 Do you believe that you've brought all of 18 those 17 Q Okay I'm not trying to -- let me just make 18 a representation to you sir that with the exception 9 A Yes I think so 20 Q All documents of any type or nature which 21 show the grounds for each of your opinions regarding 19 of the three documents that were produced concerning 20 the duPont Company any testimony that you gave during 21 the course of November the 6th 1996 did not -- was Evans Reporting Service Page 356 - Page 361 Barry Castleman 1-29-97 Multi Page 362 Adams v DeNemours Page 363 1 not accompanied with the production of the document 2 Number 4. All notes letters documents 3 writings of any type or nature which have been given 4 to shown to or reflect what you were told by the * following persons regarding this case The Plaintiff Janie Adams 7 Have you been provided any of those items by 8 the Plaintiff Janie Adams 9 A No. 1 before we started 2 Would you tell me what he said to you sir 3 A Well at one point I was asking when we'd be 4 able to get out of here today and that may have been 5 what we were talking about 6 At another point he said something about how 7 you were going to go over this exhibit list with me 8 when he saw that you were listing this as duPont - 9 Q He was just advising you that I was going to 10 Q All notes letters documents writings of 10 go through that 11 any type or nature that you've been provided by Mr. 12 Waters 13 Have you produced those ; 14 A That's been produced 15 Q Have you -- have there been any documents 16 that you've been given or shown including any notes -- 17 from Mr. Waters that you've not produced 18 A No. 19 Qat Qat Qat this deposition 20 Just prior to my examination of you Mr. 21 Waters came over to you and spoke to you quietly 11 A Right 4 12 Q The next subdivision of Number is all 13 notes letters documents writings of any type or 14 nature that have been given to you with respect to the 15 duPont Company 16 A don't think there's anything - 17 Q All right 18 A -- there 19 Q All notes letters documents writings of 20 any type or nature that you've received from any 21 consulting experts on matters relating to this case Page 364 Page 365 1 A There's nothing there 1 A Well to the extent that there is anything 2 Q All right sir Number 5 asks you to 2 it's been produced 3 produce all drafts outlines notes of any reports or 3 Q All right sir All documents of any type made which 4 other writing that you have prepared regarding this 4 or nature show any calculations that you've 5 lawsuit 5 in this case 6 A You have it 6 A There's nothing there 7 Q All documents of any type or nature which 7 Q Any photographs videotapes or audiotapes 8 contain relate to or reflect the factual 8 that you have regarding this case 9 observations made by you regarding this case 9 A There's nothing responsive to that 10 A To the extent that's been documented 10 Q copy of each deposition previously given that 11 you have that too . Q All right sir All documents of any type or nature which show the tests performed by or for you 114 regarding this case 15 A Nothing responsive to that 16 Q All right Have you performed any tests -- 17 A No. 18 Q -- with respect to this case 19 All documents of any or nature which utilized 20 show any supporting data utilized by you regarding 121 this case 11 by you 12 ^ have given -- I have been subjected to 13 over 100 depositions and I don't keep copies of them 14 Q right Do you have copies of any of 15 them 16 A I might have one or two from about ten years 17 ago I'm not sure if I do 18 Q Okay You didn't check for that when you 19 got the subpoena 20 A No. I mean I have to congratulate you 121 This is the longest duces tecum list of demands that I Page 366 1 have ever received in my many years of service in the 2 judicial process 3 Q Thank you It was -- after learning that 4 you'd been testifying for about 22 years it was not a 5 very difficult to prepare such list 6 A Oh I don't doubt that 7 Q I would request sir that tonight when you 8 go back home in order for you to bring yourself into 9 compliance with the subpoena that you look to see if 10 you've got those deposition copies If you would 11 bring them I'll copy them at my own expense 12 Will you do that 13 A Let's what the risks of requirements is 14 here 15 Q Okay I'm just talking about -- 16 A We'll just make a list right now 17 Q I need to know though if you will look and 18 see if you have those deposition copies and if you * have them you'll bring them MR WATERS I think what he's saying is why 21 don't we see what else if anything else falls into Page 367 1 that category of things you want him to search for 2 and we can ascertain how much time is involved how 3 much potential cost and anything of that nature And 4 once you finish this process if we finish this 5 process today we should have a sense of what else 6 there may be if anything 7 MR COTTEN I appreciate what you're 8 saying but I want to know whether he'll bring those 9 depositions if he's got them until 10 THE WITNESS Let's just put that off until of the 11 we get to the end list 12 Q Are you refusing to -~ 13 ^ I understand -- anything refusing 14 MR WATERS No he's not . 15 MR COTTEN Okay I'm asking him if he'll bring 16 bring it 17 MR WATERS And he's telling you we will 18 defer a response to that issue till we finish this 19 list -- 22 MR COTTEN Okay 22 MR WATERS -- which hopefully we will Page 362 - Page 367 Evans Reporting Service Adams v DcNemours M M Multi Barry Castleman 1-29-97 finish 1 encourage you to finish the list today 2 Q copy of all trial testimony previously 3 given by you 4 A I don't keep that stuff 5 Q All documents records or curriculum vitae 6 7 regarding MR training your WATERS All and experience right Let me just note 8 that that's already been provided The CV's been 9 provided Page 368 l A No I don't practice medicine without a 2 license Page 369 3 Q All right sir Although you did write a 4 book that's entitled Medical and Legal Aspects of 5 Asbestos is that correct 6 A That's right 7 Q. right Any and all documents or other 8 tangible materials prepared by any expert used for 9 consultation 10 MR COTTEN Right 11 THE WITNESS Yeah you have the CV 10 Are there any of those 11 A No. 12 Q And is that CV comprehensive 13 A Yes 12 Q All correspondence with all attorneys in 13 this lawsuit 14 Q All right sir All correspondence from any 15 of Lester Adams physicians or other experts or 16 consultants in this case 17 A There isn't any 18 Q Any and all diagnostic models casts and 19 tools used which were relied upon you with respect to 20 the diagnosis of the medical conditions 21 And you haven't done that 14 Is there any of that 15 A No. 16 Q Have you ever received any correspondence 17 from Mr. Waters or anyone at his office 18 A He's probably sent me copies of documents at 19 some time or another in connection with some case or 20 another but can't recall anything specifically 21 Q Have you testified in other cases at the 1 request of Mr. Waters 2 A Yes Page 370 Page 371 i A. assume so but don't know any more about 2 that 3 Q Can you tell us the approximate number 4 MR WATERS Trial or deposition 5 MR COTTEN Tell me the number of cases 3 Q. right Do you know when you were 4 designated as an expert witness in this case 5 A No. 6 That's what I asked 7 MR WATERS Well let me just make a 8 distinction for the record 9 When he testifies in a discovery deposition 10 1 it's at request the of a defense When he testifies in trial attorney or in a video 2 deposition it's at the request of the plaintiff's 13 attorney 14 Q Let me ask you this then 6 Q Have you ever prepared a list of cases in 7? which you have testified live or by deposition 8 A Yes I have 9 Q Do you have such a list 10 A Yes do 11 Q Would you bring that list tomorrow when we 12 resume this deposition 13 Do you want to defer the answer to that one 14 too 15 Do you know how many cases that you've been 16 designated as an expert witness in cases in which Mr. 17 Waters is involved 18 A No. 19 Q Do you know if you've been designated as an 20 expert in Mr. Waters cases in more than just this 21 lawsuit 15 A Yeah why don't we just put that on the 16 request list 17 Q Okay All brochures advertising or other 18 documents given to the public attorneys or potential 282 clients or published in any media by or about you 282 A don't think there's anything responsive to 282 that Page 372 1 Q All documents pertaining to -- I'm sorry l A You're entitled to make your request 2 I'm skipping around here 2 Q All right sir Do you want to defer the 3 All articles books or other publications Okay 3 answer to that one analytical 4 written by you where such literature has been 5 published or will be published in the future 4 All documents pertaining to the analytical 5 methods or protocols used by you in this case 6 A Well I don't quite understand what that 6 A I don't think there's anything responsive to 7 means but I've provided you a CV and I've brought in 7 that Page 373 8 the Fourth Edition of my book 8 Q Did you in doing the research that you've 9 Q Okay Do you have any other publications 10 that you have written whether they've been formally 11 published to this date or will be published in the 9 done -- and I understand from your prior testimony 10 that you've been researching the question about 11 asbestos for many years -- did you ever devise any 12 future that you maintain 12 type of particular methodology or protocol about how 13 A Well I've written a lot of things 14 MR WATERS You mean by manuscripts 15 A Do you want -- do you want copies of 13 to go about such an exercise 14 A Yes it's Chapter 10 of my book 15 Q You've already told us you've not performed 16 everything I've ever published that I have in my 16 any tests 17 possession 17 Number 22. All documents which contain a 18 I'm 50 years old 19 Q Right That's my request 20 A I've been writing stuff for a long time 18 description of equipment used maintenance logs for 19 the specific instruments used and standard operating 20 procedures for instrument operation with respect to 21 Q That's my request 21 tests That wouldn't 17 Evans Reporting Service Page 368 - Page 373 . arry Castleman 1-29-97 Multi Adams v DcNemours Page 374 Nothing Page 375 1 A Nothing there pertaining 2 Q All documents pertaining to source and 3 certification of standards 4 A Nothing there Q All authoritative or pertinent references utilized by you or any other employee of you for the 7 the interpretation of data generated 8 You didn't do any testing so that doesn't 9 apply 10 25 doesn't apply 11 Do you ever utilize standardization curves 12 A Not in connection with this litigation 13 Q All right sir 14 MR WATERS what kind of curves 15 MR COTTEN Standardization curves 16 MR WATERS What are those 17 MR COTTEN I'll tell you when you take my 18 deposition been 19 Q I want to skip through 27 because I think 20 that that's already called for 21 Number 28. Copies of any written 1 correspondence which you have sent to or received from 2 any organization that represents any concern in the 3 asbestos litigation whether a defendant plaintiff or have 4 litigation group S Do you any such documents 6 A I produced a historic correspondence that I 7 had in my files to defendants on several occasions I " 9 10 11 never requested to get it back Q Are you saying you don't have it A I have some more recent correspondence which have accumulated since the last time I was given a 12 request like this 13 We'll put that on the list of things that 14 you want 15 Q All right sir 16 MR WATERS Let me just make sure I 17 understand That's correspondence with plaintiff's 18 counsel in asbestos litigation 19 MR COTTEN It has to do with any 20 organization that represents any concern in the 21 asbestos litigation whether defendant plaintiff or ae, - sy 1 litigation group 2 MR BEVEL Can I seek a point of 3 clarification Page 376 Page 377 i A No I produced it I think some plaintiffs 2 lawyers - I think Scotty Baldwin may have had some of 3 that stuff down in Texas somewhere I never asked him 4 MR COTTEN Sure 4 to return it 5 EXAMINATION 6 BY MR BEVEL 7 Q. Dr. Castleman are you saying that 8 previously you've had such a correspondence file 9 you've produced it to a certain defense lawyer who 10 requested such and you produced the originals without 11 keeping copies for yourself A Right Q Therefore purging yourself of those 14 documents 15 MR WATERS Well I want to object to that 16 characterization 17 Q I don't mean it to be insidious in any 18 fashion but basically you had a original set of your 19 correspondence documents to and from the organizations 20 listed and you gave those over in discovery to a 21 defense lawyer in not seeking a copy back S Q That was going to be my question 6 If you've given away those original 7 documents that do not and you've not kept copies 8 yourself could you identify for us who would have 9 those Other than Scotty Baldwin a plaintiff's 10 lawyer in Texas is there anybody else that we could 11 go to to seek those documents 12 A I can't remember any more It's just junk 13 It's never come back to me and it's been produced in 14 numerous defendants in asbestos litigation 15 I think if it was of any value to anybody at 16 this table I would have seen that stuff again and 17 again and it would be in transcripts and other 0982 documents readily available to you all 0982 Q And if I could just explore what you're 20 saying 21 When you say it's been produced in numerous es, Page 378 Page 379 1 defendants you're saying that you gave it to Scotty 1 A It's hard for me to make much of a 2 Baldwin and then Scotty Baldwin spread it 3 A These were depositions where I was asked to 4 bring boxes and boxes of documents that were from my 5 files done and I did so 2 distinction 3 It's deposition that I was at where the 4 documents were put on the table and the defendants 5 you know had you know a feeding frenzy with the 6 And you know after having been through this 7 a few times I was not real anxious to have to go 8 through it for the rest of my life and I was very 9 pleased to just leave the documents with whichever plaintif 's 10 plaintiff's lawyer they may have been with And this 11 been some time 12 Q Well what I'm trying to clarify is when you 13 say -- you make this statement that they've been given 6 documents 7 Q Okay And that occurred -- the circumstance 8 that you're saying occurred in -- 9 A This has occurred repeatedly over the last 10 15 years 11 Q To the best of your knowledge Scotty 12 Baldwin has those documents 13 A He's the only one I can think of that might 14 many defense lawyers is that an assumption you're 15 making that Scotty Baldwin made those copies available 16 to many defense lawyers 14 have that stuff 15 MR BEVEL Thanks I'm sorry 16 MR COTTEN That's no problem 17 Are you saying that you yourself have 17 EXAMINATION 18 produced that box over and over again for many defense lawyers A Well -- 18 BY MR COTTEN 19 Q Dr. Castleman was Scotty Baldwin a lawyer 20 in Texas in East Texas -- was he representing you 21 Q I'm trying to make that distinction 21 with respect to those documents Page 374 - Page 379 Evans Reporting Service Adams v DcNemours Multi Barry Castleman 1-29-97 1 A No. Page 380 Page 381 1 MR COTTEN I know I'm just asking if he 2 Q Was there ever a proceeding where those 2 believes that I didn't ask him for an opinion about 3 documents were at issue and you had either Mr. Rex 3 it 4 Houston or Mr. Scotty Baldwin representing you 5 concerning the production of those documents 6 dispute A. They never represented me but there was a 7 dispute over the production of the correspondence for 8 some time because I felt a little nervous about it I 9 I thought that you know if produce 10 letters I got from plaintiffs lawyers the next thing 11 I know I'm going to get sued by some plaintiff's 12 lawyer for disclosing some attorney work product to a 13 defendant and nobody's going to be protecting me 14 I mean I'm going to be nothing but a clay 15 pigeon for a bunch of lawyers having target practice 16 Q Do you believe the documents that you're 17 provided by plaintiffs lawyers whether you're 18 designated to testify in a case constitute attorney 19 work product 20 MR WATERS Well I might -- he's not 4 A For some time I did believe that You know S now I'm under the impression that it's probably not 6 attorney work product under the definitions at least 7 of some states -- 8 Q All right 9 A -- but that wouldn't keep me from getting 10 sued perhaps for turning it over to you 11 Q And those documents that you turned over to 12 Scotty Baldwin those are your documents 13 A They were yes 14 Q And did you - you turned them over to Mr. 15 Baldwin for purposes of the litigation that involved 16 those documents 17 A Right 18 Q But they were your documents when you turned 19 over the possession to him 20 A Right 21 qualified 21 Q All right sir regulation Page 382 Page 383 1 Number 29. Copics of any written 1 Q Recognizing what you're saying and not 2 correspondence which you have sent to or received from 2 arguing about what long of a period that we're talking 3 any governmental agency regarding asbestos asbestos- 3 about and that it might constitute a lot of paper and 4 related disease the current defendants or any former 4 it might constitute a lot of time we are talking s defendants of these lawsuits or relating to S about a subject that goes back a number of years and 6 of any industry that utilizes 6 according to your testimony back to at least 1907 7 containing products 7 that relates to this lawsuit 8 A I've been professionally active in dealing 9 with governmental agencies on the subject of asbestos 10 regulation since 1970 [ I have scattered around and not in very 12 good shape various files that might relate to that 13 That stuff has nothing to do with this litigation 8 So I would ask you -- I'm going to put this 9 as request on my list and will you let me know when 10 we get to the end of the list whether or not you're 11 willing to produce these documents 12 A I think we're going to have a problem with 13 that one 14 It would be extremely burdensome for me to 15 try and pour through whatever -- whatever dusty files 14 MR WATERS Yeah I think we are too 15 MR COTTEN That's fine 16 I've got and try and find the stuff that relates to 17 asbestos and separate it from the stuff that's with it 18 that may not relate to asbestos that has to do with 16 Q Number 30. With regard to the reference 17 ranges that were used to rely upon you said you 18 didn't perform any tests so that knocks out Number 30 19 my correspondence and activities in connection with 20 public health protection from asbestos over the last 21 26 or 7 years 19 in its entirety 22 Number 31 relates to tests so that does not 22 apply Page 384 1 Number 32. Do you have an agreement with 2 the plaintiff or her lawyer in this case setting forth 3 the terms and conditions of your services as a 1 Q Do you have things that are in addition to 234567 what you've produced even though they may be 234567 referenced in your book Page 385 4 consultant or expert witness S A There's no written agreement 234567 A You mean do I have copies of some of the 234567 things that are referenced in my book 6 All right Number 33. All diplomas 234567 Q Yes sir 7 certificates licenses or degrees conferred on you by 8 any college university technical institute or 234567 A Yes I have copies of things that are 8 referenced in my book 9 institution of specialized learning 10 Now without asking you to produce those ahead Q I'm going to put that on my list too 10 A Go 11 specific things are all those reflected on your CV 11 Q Number 35. All reports summaries 12 A They are 13 Q Number 34. All books journals monographs 14 studies reports articles of a scientific nature 15 technical literature product literature or other 16 materials which you consulted reviewed or relied on 17 in developing your opinions that you stated in this 12 printouts or similar writings containing the results 13 of your searches of the scientific or technical 14 literature on asbestos the uses and applications of 15 asbestos or any combination of foregoing 16 Do you have any of those materials 17 A can't think of anything specifically that 18 case 19 A I suppose that's all there by way of 20 reference in my book and in the documents which we've 21 produced 18 responds -- that's responsive to that articles 19 Q Okay Number 36. Copies of all articles 20 reports or monographs which you have authored or 21 authored and which have been published in any Evans Reporting Service Page 380 - Page 385 Barry Castleman 1-29-97 Multi Adams v DcNemours has magazine Page 386 which 1 magazine journal compendium or book or which has 1 previous 37 Page 387 2 been distributed at any technical scientific or 2 MR WATERS Well I mean let me just note 3 professional convention meeting or seminar 4 A It's all there by way of reference on the 3 for the record that it's obviously -- it's unclear if 4 you're referring to his opinions in this case or CV primary 5 opinions -- Q Do you have the primary documents that are 7 referred to in the CV 6 MR COTTEN I'm really just -- I mean to 7 limit it to the opinions in this case 00 A Some of them my 9 Q We'll put that on list 10 A Do you want every book every chapter in 8 MR WATERS Okay I think yeah we've 9 covered that then 10 MR COTTEN All right [ every book every article I've ever written 11 Q Number 39 would also be covered by that 12 QYes QYes sir 12 then 13 A Sure Go ahead What's next 13 Number 40 is all documents which reflect or 14 Q Number 37 has already been covered I 15 believe 14 show your work in reaching your opinions in this 15 matter 16 Number 38. All books journals monographs studies 17 studies reports articles of a scientific nature 18 technical literature product literature or other 19 materials which you consulted reviewed or relied 20 upon in developing your opinions 21 A I think that's redundant in view of the 16 Do you have any such documents 17 A No. I mean aside from what's been produced 18 Q Do you have any time records -- 19 A No. 20 Q -- and descriptions of what you've done with 21 respect to this case Page 388 Page 389 1 A No. 1 Q 44 has been covered 2 Q Number 41 goes back to what I asked you a 2 45. All documents referenced and testified 3 little earlier concerning a methodology or protocol 4 that you have that you say was -- is illustrated in 3 about by you in the first portion of your deposition 4 that took place on November 6th 1996 5 Chapter 10 of your book 5 MR WATERS That's the 51 articles or 6 Do you have any documents books treatises 6 whatever 7 articles or papers that you relied upon in selecting 7 MR COTTEN That would be the approximate 8 that methodology 9 A I can't think of anything I mean it's 8 51 articles 9 And that's what you believe that you have 10 pretty basic 10 is that right Mr. Waters 11 If you want to know everything that happened 11 MR WATERS can't be 100 percent certain in the history of an industry you find everything you 12 because obviously the Doctor has a lot better can find about the history of the industry 13 understanding and knowledge of these articles than I 14 Q Number 43. All documents of any type or 14 do but I do have a collection of articles that are 15 nature which contain relate to or reflect the 15 referred to in his book -- in the book and I think 16 factual observations made by the witnesses regarding 16 it's a lot more than 51 so I believe that most if not 17 this case 17 all of the 51 would be covered in there 18 You have indicated that you have produced or 19 given us everything that you've seen that's specific 20 to this case is that correct 21 A Yes 18 MR COTTEN Okay We'll try to work out 19 something with you where maybe at the close of today 22 we can go through and see which ones are on here and 21 which ones aren't Page 390 1 Q right I think we've boiled this down 123+ copy 2 then to Number 11 which would be a of each 2 3 deposition previously given by you and of course I 123+ 4 can only ask for what you've got 4 " Are you willing to produce those 5 6 A Yes 6 7 Q Number 18. A list of all cases in which 7 8 you've testified live or by deposition 8 9 Are you willing to produce that 9 10 A Yes 10 11 Q You told us about Chapter 10 11 12 Number 28. Copies of any written 12 13 correspondence which you have sent to or received from 13 14 any organization that represents any concern in the 14 15 asbestos litigation whether a defendant plaintiff or 15 16 litigation group 16 17 A I'll give you what I have It probably goes 17 18 back about three or four years since the last time I 18 was bothered with this kind of request 282 Q I appreciate it 282 2 Would you have any objection to any of the 282 Baldwin defendants in this case contacting Mr. Baldwin and seeing if he still has what you provided to him A No. Go ahead directly Q And if he has it can we obtain it directly from him Page 391 A Yes Q Thank you written Number 29. Copies of any written correspondence which you have sent to or received from any governmental agency regarding asbestos asbestos- related discase the current defendants or any former defendants of these lawsuits or relating to regulation of any industry that containing products utilizes A I'm afraid I'm not willing to comply with that unless ordered to by the court MR WATERS Yeah It strikes me that there may well be some confidentiality issues in those types of documents MR COTTEN Those can be raised MR WATERS Let me just for the record Page 386 - Page 391 Evans Reporting Service Adams v DcNemours MultiIM Barry Castleman 1-29-97 Page 392 Page 393 1 ask the Doctor anything about the correspondence files 1 that he's brought that you referred to in your 2 that he just asked you that would in any way reflect 2 deposition on the first day and anything that you 3 any of the opinions you've given in this case 3 referred to today to the extent that we look at 4 THE WITNESS They don't have anything to do 4 those if there are any other of those matters that 5 with this case It's pure harassment in my humble S weren't produced would you be willing to find those 6 opinion 6 for us 7 MR COTTEN I'd have to see the documents 7 MR WATERS Just so I'm clear on this what 8 before I could know 9 MR WATERS I must have missed one Okay 10 MR COTTEN Number -- It MR WATERS Okay That's right 12 Correspondence 13 Q 34 would be the books journals monographs 14 studies reports articles of scientific nature 15 technical literature product literature or other 16 materials which you consulted reviewed or relied on 17 in developing your opinions in this case 18 MR WATERS We've covered that yeah 19 Q And it's your belief -- and I want to make 20 sure I understand this -- that to the extent that Mr. 8 he's saying is if some of the articles are for some 9 reason not included in the materials I have which by 10 the way I got from an old Castleman deposition in San 11 Francisco think and if you have them will you 12 produce them 13 MR COTTEN Right I'm not asking you to 14 go back to the libraries 15 A But you're talking about an exhaustive 16 search of you know stuff that's not always in very 17 good order or put in a very findable place for -- 18 MR WATERS I don't think that this -- 235 A -- what might prove to be a dozen or two 235 dozen or three dozen documents 21 Waters is going to allow us to review the documents 235 MR WATERS I don't think that this Page 394 Page 395 1 particular one is going to be an issue because I think 1 article published in different journals and there may 2 that today we haven't talked about any new articles 2 be some overlap there 3 with the exception of what has been produced today 3 MR COTTEN Sure 4 So what we're dealing with as I understand 4 MR WATERS He can explain that I can't 5 it is approximately 51 articles that were referenced 6 in the first deposition S MR COTTEN We'll work through that G Q Number 36 is the request that you produce 7 Q And to make it easier what we'll do is 7 the articles reports or monographs that you've 8 we'll look at what Mr. Waters is going to produce for 8 authored and published in any magazine journal 9 us after this deposition is concluded today and then 9 compendium or book that's been distributed to any 10 we'll let you know 10 technical scientific or professional convention 11 I'll let you know tomorrow if there are any 11 meeting or seminar 2 additional documents that aren't covered in that 12 MR WATERS That is not publications but -- 13 group 13 MR COTTEN Just matters that have been anything 34 And I'm not asking you to go out and perform 15 any new research or but if you've got access 16 to those if you could send them to Mr. Waters so that 14 typed up or prepared and distributed at technical 15 scientific professional convention meeting or 16 seminars 17 I could get them 17 MR WATERS Related to asbestos 18 MR WATERS Yeah And as a practical 19 matter it would better for us to clarify that tomorrow 18 MR COTTEN Yes 19 THE WITNESS Oh okay 20 because for example there are two or three -- like 20 MR COTTEN That's a little narrower 21 some articles were published in different -- the same 21 THE WITNESS I interpreted that as being Page 396 Page 397 } more broader than that l Q I think that is ~- that does cover it of 2 Q And again I'm only asking for what you 3 have 2 I want to now go back over some of the 3 things that you talked about on November 6th 1996 in 4 A On asbestos 4 answer to Mr. Waters questions of you 5 Q On asbestos with respect to technical 6 scientific or professional conventions meetings or 5 Of your 1996 1997 professional life sir G how much of your laboring hours are spent at the 7 seminars 7 behest of attorneys or plaintiffs 8 A There's probably nothing there because as 8 MR WATERS On a yearly I'm sorry I 9 soon as -- you know either I write the thing up for 9 misunderstood the question 10 publication and I keep the publication or you -- know 11 Q If you run across something like that when 12 you're looking for these other things if you'd During 10 Q the year 1996 1997 11 A would say probably about 15 20 percent of 12 my time is involved in some way or another with 13 please produce it -- 13 asbestos 14 A All right 14 Q Okay 15 Q You've already told us in Number 38 that all 15 A - litigation 16 of the matters that you're relying upon in developing 17 your opinions have been disclosed in this deposition 18 is that right 16 QI'd QI'd limited that to work time as opposed to 17 all time 18 Would that be a greater percentage of your 9 A Yes I think so Between what's in my book 19 work time talking 20 and what's been discussed and actually presented to 20 A No. That's what I was talking about 21 you I think we've got it covered 21 Q All right Thank you Evans Reporting Service Page 392 - Page 397 Barry Castleman 1-29-97 Multi PaPaggee 398 Adams v DcNemours PagePage 393999 1 Now as far as your income in 1996 and 1997 2 what percentage of that income would be derived from 3 working with litigation matters 4 A I'm sure it's well over half but I don't know any more specifically Most of the things I work on pay me little or nothing sir 7 QWithin QWithin QWithin QWithin your education sir in your 8 undergraduate work did you take any courses that were 9 specific to asbestos 10 A No. No 11 Q In your work on your Master's degree did 12 you take any courses that were specific to asbestos 13 A although asbestos was discussed as a 14 topic in some of those courses 15 Q Okay Which of those courses was it 16 discussed 17 A can't even remember without looking at the 18 transcript now It's been over 25 years 19 Q Would it be correct -- I think I've seen in 20 -- from previous times that you've testified that 21 you've testified that you took a course in air 1 particulates 2 A Well there was one course on the physics of 3 inhaled particles in the respiratory tract and there 4 were other courses where it may have come up 5 It's already getting a little hard to 6 remember whether they talked about asbestos but I was 7 interested in it at the time I may have raised it in 8 one or two of the courses as a student 9 Q And then as in seeking your doctorate 10 degree did you take any courses that were specific to Il asbestos 12 A They weren't specific to asbestos but there 13 were courses on occupational lung disease and other 14 topics in which the hazards of asbestos were 15 discussed 16 They didn't have courses just about asbestos 17 at the Johns Hopkins School of Hygiene and Public 18 Health 19 Q And your education spanned how many years 20 sir 21 MR WATERS You mean his high school oo, Page 400 1 education 2 Q Yes formal education 3 A Four years for the Bachelor's degree in 4 chemical engineering I think a year and a half to get S the Master's degree in environmental engineering and 67 little less than four years to get the doctorate 67 from the School of Public Health 8 Q And you would have started your 9 undergraduate education in what year 10 A 1964 i Q At that time in 1964 and during the four > years that you were working on your undergraduate work was the Johns Hopkins Medical School located at 14 or near the same facility where you were going to 15 school . 16 A No. Well it's across town It's a couple 17 miles away 18 Q right sir 19 Did the Johns Hopkins Medical School become 20 recognized or designated as a school with particular 21 expertise concerning cancer Page 401 1 A Not as far as I'm aware I mean there are 2 many aspects to that question you've asked 3 The only kind of facet of that question I'd 4 have any familiarity with would be occupational cancer 5 as opposed to such things as cancer treatment cancer 6 research mechanisms of cancer viral causes of 7 cancer et cetera et cetera 8 I mean they do a lot of work on cancer at 9 Hopkins I'm sure for with which I have no 10 familiarity 11 Q Does the medical school itself at Johns 12 Hopkins during the time that you were going to 13 school have any courses that were specific to 14 occupational cancers 15 A I don't think so I think they went over to 16 the School of Public Health if they wanted to learn 17 about that stuff 18 We had courses on the epidemiology of 19 environmental and occupational cancer and occupational 20 lung disease that I mentioned 21 Q Were there courses available to you to take Page 402 1 during your undergraduate time at Johns Hopkins that 2 were specifically limited to the topic of the dangers 3 or hazards of asbestos that 4 A Oh no Well first of all I didn't know 5 anything about the dangers or hazards of asbestos at 6 the time but I'm sure the undergraduate courses 7 were much broader based and not focused on public 8 health 9 It's only since I was there as an 10 undergraduate that they've started to have some 11 encouragement for undergraduates to go over to the 12 School of Hygiene and take a course or two 13 That didn't exist back in the days when I 14 was there 15 QSo QSo you didn't take any courses at the School 16 of Hygiene or the school didn't exist when you were 17 there 18 A I didn't take any courses there when I was an undergraduate Q Do you know if they have any courses that 21 are specific and limited to the topics of asbestos and Page 403 1 hazards of asbestos 2 A You mean now 3 Q Let's talk about while you were going to 4 school From 1964 through your undergraduate do you 5 know if there was courses in the School of Hygiene 6 A No I very much doubt there were just about 7 asbestos There aren't today and I don't think there 8 would have been way back then -- 9 Q Would that be true both then for your mas 10 during the time that you were there for your Master's 11 degree and the time that you were there for your 12 doctorate 13 A Right I mean I would have certainly taken 14 such a course if they offered it and I would have 15 known about it if they offered it 16 I might have helped them teach it -- 17 Q In the late 1970s you state that you were 18 you stated in your testimony back in November that you 19 were approached by the EPA 20 Were you hired or did you become an employee 21 of the EPA in the late 70s | at, Page 398 - Page 403 Evans Reporting Service Adams v DeNemours TM Multi Barry Castleman 1-29-97 was l A I was hired as a consultant Page 404 1 A 1970 and '71 Page 405 long 2 Q How were you a consultant and what did 3 you consult on a 4 A About two years I was consulting on the 5 subject of asbestos substitutes The EPA held a 6 conference on that in 1980 7 Q And did you attend that conference 8 A Yes I did 9 Q Have you ever been a time teacher 2 Q What was it that drew your attention to 3 asbestos in that time period 4 A Well as someone who was just getting 5 involved in the field of public health and air 6 pollution control I was skeptical of the importance 7 of the problem and before deciding to devote my only 8 lifetime to dealing with it in some part I started 9 to read about the health effects of the various air 10 A No. 11 Q Now with respect to the thesis that you 12 wrote for your Master's was that an extension of your 13. work that you were originally hired to perform with 14 respect to asbestos litigation in Texas 15 A No. It preceded any involvement in asbestos 16 litigation by about five years 17 Q When was your first -- what was your first 18 involvement with respect to doing any research that 19 had to do with the question of asbestos 20 A 1976 21 Q And when did you do your Master's thesis 10 pollutants because I wanted to know assuming we [ control sulfur oxide air pollution or whatever is it lives 12 going to make that much of a difference in people's 13 or is it just going to mean that people won't 14 get sore eyes from smog in Los Angeles I mean is 15 that all we're going to get 16 So I started reading the health effects 17 literature on different air pollutants and when I got 18 to asbestos I was really impressed by the fact that 19 the stuff was absolutely deadly and was being used in 20 a totally wanton uncontrolled manner 21 Q And this would have been in what year Page 406 Page 407 ] A 1970 and '71 I And I didn't understand your first question 2 Q When is the first time that you had contact 2 be focused for example on articles 3 with an attorney concerning asbestos and litigation 3 Q Okay Let me rephrase the question 4 A The first I can recall is being invited to 4 Independent of reading the various items 5 testify in a case in Texas in 1976 5 themselves just reading them and coming to whatever 6 Q Now part of your methodology in arriving at 7 your opinions that you've stated in this case is to - 8 over the time that you began studying asbestos was to 9 gather documents and records and testimony is that -- 10 is that accurate 6 conclusion you came to after reading them have you 7 done anything to check out what was stated in the 8 documents and the theories raised in those documents to determine whether they were accurate whether they 10 were true and whether the theories were accurate 1 A Yes 12 Q And independent of reading these various 11 MR WATERS Okay Now I just want to he 12 sure I'm clear 13 items did you do anything out to check -- did you do 14 anything to check out the facts and theories as 15 espoused in those publications to determine the 16 accuracy the truth of the facts and whether the 13 Are you referring to articles or articles in 14 corporate documents or articles in corporate documents ($ in answers to interrogatories or all of those 16 MR COTTEN All of those 17 theorics were accurate 18 MR WATERS Let mejust -- I'm little 19 confused I thought your initial question didn't 17 MR WATERS Okay Anything he looked at 18 then 19 MR COTTEN Yes 20 reference publications Your subsequent question 21 did 20 MR WATERS All right 21 A The discipline of a scientist is that you 1 read everything with skepticism and as I have Page 408 1 Manville did in fact put the warnings on the Page 409 2 accumulated a more complete and comprehensive 2 products in 1964. So that's the kind of thing that I 3 knowledge of the history of what happened with 3 do 4 asbestos in this country and in the world I have a 4 As I have a more complete knowledge of what 5 lot of ways of sometimes confirming facts expressed in 5 happened I have ways of sometimes checking verifying 6 one source or another even if these things are 6 or confirming different things which are alleged at 7 serving in some of the sources wherein they 7 one place or another 8 appear 8 Q Of the materials that you have brought to 9 For example Manville says they put 9 this deposition that were specific to your opinions 10 warning labels on their products starting in 1964 and 11 yet none of the workers who used the products seem to 10 concerning the duPont Company did you do anything 11 independent of reading those materials to make a 12 remember seeing warning labels back then 12 determination as to the accuracy of the matters 13 Well if you look at the size and placement 13 contained in those documents 14 and language of the warning labels you can sort of sec 14 A I can't think of anything Let me just add 15 how that might have happened but the fact of them 16 using warning labels on the shipping cartons is at this point that I have been presented by lawyers 16 from both sides of this litigation with many many 17 something which is independently confirmed by 17 many documents over the last 20 years and I have 18 Owens internal documents by trade association 18 never to my knowledge ever been presented with any 19 documents of the National Insulation Manufacturers 19 document by any attorney that later proved to be a 20 Association 20 forgery or falsified or otherwise improper in its 21 So I feel fairly confident that Johns- 21 appearance versus the truth of the matter Evans Reporting Service Page 404 - Page 409 Barry Castleman 1-29-97 TM Multi Adams v DeNemours Page 410 1 Q I appreciate your statement but I object to 1 individual defendants Page 411 2 the nonresponsive nature of it 2 Q. Do you understand and do you have the 3 THE VIDEOGRAPHER Excuse me 4:22 p.m. 4 We're going off the record This is the end of tape 3 opinion that the testimony that you're providing in 4 this case is testimony as an expert witness on the number two We're now going to tape number three S state of the art . Whereupon discussion off the record 6 A Yes 7 THE VIDEOGRAPHER January 29th 1997 7 Q I would like to ask you if over the course 8 We're back on the record The time is approximately 9 4:27 p.m. This is the beginning of tape number three 8 of time that you've been studying the question about 9 asbestos and companies in the United States and how 10 BY MR COTTEN familiar 10 they've dealt with asbestos whether you've developed 11 Q Dr. Castleman are you familiar with the 12 term state of the art 13 A Yes 11 any opinions on the broader question of companies that 12 might have a good reputation for industrial hygiene 13 practice 14 Q What does that term mean to you 14 A I don't understand your question 15 A Well it's used in litigation I don't know 16 any other place where it -- well I mean I suppose 17 it's come up in other situations but in litigation it 15 Q Do you know -- do you have any opinion of 16 any companies in U.S. industry that have a good 17 reputation for industrial hygiene practice 18 19 generally refers to the foreseeability of harm history of at various knowledge and the times in various 18 A I can't think of any There may be some 19 but I don't know who they are 20 situations from the standpoint of what was 20 Q Are you -- have you ever heard that duPont 21 scientifically known and what was known to the 21 has a good reputation for industrial hygiene practice Page 412 1 A Aside from the serving claims of dupont 1 or whatever it was called Page 413 2 I can't think of anything 2 A number of other companies had one or two 3 Q Are you a member of what might be called the 4 industrial hygiene community 3 people DuPont had quite a few 4 So at least in terms of numbers of people I S A I'm not a member of the industrial hygiene 5 don't think that there's any dispute that duPont has 6 professional associations I've been a guest speaker 6 had in its employ people with the expertise in 7 at some of their meetings but I have not been a 7 industrial hygiene industrial medicine and toxicology 8 member of their organizations 8 for a great many years 9 Q Do you know if any of those organizations 10 have an opinion that duPont has always had a good to 9 Q Do you agree that the development of 10 knowledge regarding the relationship between asbestos 11 excellent reputation with respect to industrial 11 and disease has been a long and gradual process hygiene practice 12 A Yes in the sense that we are always I . A No. 14 Q Do you agree that duPont has always been 13 suppose learning a little bit more although it's 14 been known for quite a few years now that asbestos 15 regarded as a leader in the field of industrial 15 could kill people 16 hygiene practice 16 Q Will you agree that the first reported cases 17 A All I can say in response to that is that 17 of asbestos disease occurred among persons 18 duPont had industrial hygienists -- a fair number of 18 exposed in production processes involving direct 19 industrial hygienists as far back as 1962 in its 19 exposure to asbestos 20 employ based on a handbook I have or some kind of a 20 A Yes that's right 21 list of members of the Academy of Industrial Hygiene 21 Q And those were miners and millers and 1 workers in textile factories is that accurate Page 414 1 understand Page 415 2 A And other asbestos manufacturing operations 2 MR WATERS Dusty trades How do you 3 yes 3 define that I think is the issue 4 Q And at this time these reported cases did 4 Q Do you know the definition of a dusty trade 567 not involve secondary exposures to asbestos like in A I don't know what you mean by it 6 insulators 6 Q What would you mean And we'll go from 567 MR WATERS When you say at this time are 7 there 8 you referring to a specific -- 9 MR COTTEN The time of those reported 10 cases 8 A Well there was a book written in 1918 by 9 Frederick Hoffman about mortality and dusty trades 10 So there was a lot of concern about industrial 11 A Well that's right I mean up until 1932 I 12 don't know of a single reported case of asbestosis 13 among a product user and it wasn't until 1932 that 14 there started to be actual cases reported although 15 Merewether wrote about the hazard to product users 16 even before that 17 Q. Would you agree that all of the early cases 18 of asbestosis these reports refer to involve persons working in dusty trades A I don't understand your question Q What part of the question do you not 11 dust in the first several decades of this century you 12 know certainly going back to the beginning of the 13 century 14 Q Let me see if I can get at it this way 15 Up until what you referred to in 19 -- in 16 the 1930s would you agree that all the early cases of 17 asbestosis involved persons working as in miners and 18 millers and workers in textile factories 19 A Well I waffic on that because they weren't 20 just textile factories but they were other asbestos manufacturing operations where asbestos was being used Page 410 - Page 415 Evans Reporting Service Adams v Nemours Multi Barry Castleman 1-29-97 as a raw material in the manufacture of various Page 416 I 2 products and some of those products in one case at 2 3 least insulation products were discussed for 3 4 example in the annual report in the Chief Inspector 4 5 of Factorics in the year 1889 5 6 Q And in those cases those persons had been 6 7 exposed for prolonged periods at high intensities is 7 8 that correct 8 9 A There's varying amounts of data on just how 9 10 long they had been exposed but I would say it's in 10 11 the initial in the early cases you're talking about 12 people who were exposed under circumstances where no 12 13 control measures were applied and where asbestos was 13 14 used in some manufacturing process or mining 14 15 Q Thank you 15 16 Would you agree that Dr. Selikoff played an 16 17 important role in bringing the attention of U.S. 17 18 industry to the risk of asbestos exposure among 18 19 secondary users such as insulators 19 20 A Yes he did 20 21 Q And would you agree that in terms of the 21 Page development of knowledge within U.S. industry regarding the risks of asbestos among secondary users and bystanders the 1964 New York Academy of Science conferences represents an important event A Yes it does Q Would it be correct sir that you know of duPont documents which show a continuing pattern of activity and concern of the medical industrial hygiene people at duPont about the problem of asbestos especially with insulators MR WATERS I'd just ask for clarification on the time frame 417 MR COTTEN The time frame of the documents that I referred to MR WATERS Like the -- MR COTTEN The documents in '64 or '66 '67 '68 A Well certainly the documents we've discussed earlier today cover the period of the 1960s and evidence concern about hazards of asbestos by some of the people at duPont who knew about those hazards you 1 Q And especially with reference to pipe Page 418 1 have Page 419 2 coverers doesn't a separate section in that chapter 2 definitely does not I don't think it's mentioned 3 A Right 3 but it might be 4 Q Now you've made reference in your direct -- + QI'll QI'll make a representation to you sir that S$ during the direct examination of sir to your 5 I've reviewed that chapter very very closely and that 6 book entitled Asbestos Medical and Legal Aspects 6 it does not mention duPont 7 A Yes 8 Q You have a chapter in that book called 7 Does that surprise you 8 A No. 9 Company Knowledge don't you sir 10 A Yes ul Q Isn't it correct that on that chapter or in .2 that chapter that you describe a history according to 9 Q There's no other specific section in your or 10 book with respect to company knowledge corporate 11 knowledge that is specific to the duPont Company is 12 there 13 your research of knowledge acquired by manufacturers 14 and other companies about the hazards of asbestos and 15 when they learned that knowledge 16 A Right These are mainly asbestos mining and 17 companies with -- that were substantial asbestos 18 manufacturing concerns for the most part 19 Q And would you agree sir that that chapter 182 of 116 pages with footnotes does not mention duPont 13 A Well the only references to duPont I 14 think are indicated by the pages named in the index 15 Q right sir How long have -- you're in 16 the Fourth Edition of your book 17 A Right 18 Q Those references that are the Fourth 19 Edition of that book were they in the Third Edition 20 A Some of them were 21 A I don't think that duPont -- well duPont 21 Q Were there new references in the Fourth Page 420 Page 421 I Edition about duPont that weren't in the Third ] Q Is it your opinion that duPont was lecry 2 Edition 2 about using asbestos before it became more or less 3 A Well I think the enumeration of some duPont 3 illegal to use asbestos insulation 4 products in which asbestos was used is a new 4 MR WATERS Let me just object I think 5 addition the question is a little bit unclear 6 That's 90 and 91 I believe are the pages 6 MR COTTEN Okay I'll restate it 7 Q When was the Third Edition published 7 MR WATERS Okay 8 A 1990 " Q Is it your opinion that duPont was leery 9 Q The materials that you've produced for this 9 about using asbestos before it became more or less 10 deposition today that are specific to duPont 10 illegal to use asbestos insulation 11 excluding those that you refer to concerning 11 MR WATERS Okay Let me object that first 12 containing products are any of those 12 of all I'm not sure what you mean by leery in this 13 materials contained in your book Asbestos Medical 13 context 14 and Legal Aspects 15 A I'm not sure if I understand you I mean 16 we certainly have reference to textbooks that were in 17 the duPont library Many -- I think all of them --- 14 Second of all you're talking about duPont 15 using asbestos without saying asbestos insulation but 16 then you go on to state when it became illegal to use 17 asbestos insulation 18 arc cited in the book somewhere .9 As to corporate internal documents that's 20 another story For the most part they are not cited 21 in the book 18 MR COTTEN I'll try to rephrase it 19 Q Do you recall making the statement on 20 December 1 1994 that A lot of things that duPont 121 does I'm always finding out things that duPont does Evans Reporting Service Page 416 - Page 421 Barry Castleman 1-29-97 Multi Adams v DcNemours Page 422 1 that I didn't know before 1 then I'll ask you about it 2 " think duPont was leery about using 2 A Okay indicating 3 asbestos before it became more or less illegal to use 3 Q All right sir 4 asbestos insulation 4 A huh Page 423 Do you recall that sir A I don't recall the sentence 7 MR WATERS Hold on a second Barry If 8 you're going to -- first of all it's not clear to me 9 you're trying to impeach him 10 MR COTTEN I wasn't trying to I was 11 trying to meet your objections I 12 MR WATERS appreciate that 13 Having said that if you're going to ask him 14 about some prior testimony I think it's appropriate 15 for you to show it to him -- 16 MR COTTEN I don't mind doing that 17 MR WATERS -- so he can put it in context 18 Q Let me show you sir from prior testimony 19 that you've given under oath so that you can refresh 20 your memory about that 21 If you want you can read it to yourself and S Q right Dr. Castleman do you know that 6 the duPont Company began to take steps to use less 7 asbestos insulation before it was required by 8 governmental regulation 9 A Let me tell you what I know I recall I 10 think it was a Keene Corporation document from if I 11 had to guess 1973 in which the guys at Keene are 12 talking about shipping some containing 13 insulation to duPont but they don't want duPont to 14 know because duPont wanted asbestos stuff 15 I have a 11 that's what I might have been 16 thinking about at the time I said that I don't think 17 that whoever asked me the question followed up to find 18 out what I had in mind but that must have been or at 19 least that's something I can think of that would fit 20 with what I testified to 21 Q And that would be the basis for your Page 424 Page 425 -23 statement 1 There were a number of requirements that the -23 A Right Where you've got duPont saying we'd 2 OSHA standards imposed on companies that -- like -23 rather get asbestos insulation 3 duPont used a heck of a lot of asbestos insulation and 4 By 1973 most of the companies were offering 4 may have had time employees doing pipe covering 5 asbestos insulation The companies that had sold 5 for example 6 asbestos insulation most of them or at least many 6 And in order to save the expense of having 7 them and some of the leaders were offering 7 to comply with these regulations not to mention the 8 asbestos products 8 possibility of being -- of running afoul of the 9 Q And any steps that duPont was taking at that 10 time with respect to asbestos insulation products 9 regulations and getting cited by OSHA for forgetting 10 to tell the workers that their chest rays showed 11 would have been voluntary on their part and not 11 they had asbestosis for example the duPont folks may compelled by government regulation A Well it's not quite that simple 12 have just felt that it's smart to get out of asbestos 13 even if it's not yet banned as an element of molded 14 The government regulations the OSHA 14 pipe covering which it subsequently was 15 standards that existed since 1972 said that any 15 It was proposed to be banned in 1974 and company 16 that had people who were asbestos exposed 17 would have to do air monitoring of their exposure 16 the ban took effect in 1975 17 Q Objection Nonresponsive 18 every six months medical examination of them 18 Would you agree with me that at least in 19 periodically limiting the area that they worked in so 19 part there are lots of people at duPont that really people supposed 20 that who weren't to be there couldn't 21 just walk in and get exposed to the hazard 20 care about their workers and health and safety the 21 people who work for the company Page 426 Page 427 } A Sure 1 I'm talking about the 1970s 2 Q And would you agree with me that in your own 2 MR WATERS Have you already showed him 3 words that duPont was taking voluntary steps 3 that 4 concerning discouraging the use of asbestos in the 4 MR COTTEN Yes I did 5 early 1970s S A Well again I can't add much to what I've 6 MR WATERS As a general policy statement 6 already said 7 or with respect to any specific location or facility 7 already mean it was voluntary in the sense that their 8 Q I'm talking general right now 8 it wasn't compelled by law that they insulate their 9 A Well all I know is what I've told you that 10 they were taking -- that I think in 1973 they were 1 trying to get asbestos insulation materials and 12 they were M you know I can only conjecture as to 13 their reasons but I don't -- I don't think of it as a 9 chemical plants without using asbestos but it wasn't 10 purcly voluntary in that if they continued to use 11 asbestos they would have these additional costs and 12 problems to deal with that came along with OSHA and 13 EPA regulation and workers not wanting to be exposed 14 purely voluntary act in the sense of you know 14 to mortal risks 15 walking down the street and giving a panhandler a five 16 dollar bill 15 Q Dr. Castleman I believe you have not 16 acknowledged previously that some of the materials 17 Q Would you agree with me that on December oath 18 1st 1994 under that you stated I think duPont saw that coming I think that duPont was taking 17 that you rely upon concerning your opinions on the 18 state of the art were materials that were written in 19 foreign languages is that right voluntary steps at least you know before some 20 MR WATERS He's not acknowledged it 121 companies in discouraging the use of asbestos 21 before Page 422 - Page 427 Evans Reporting Service Adams v DcNemours 1 MR COTTEN I thought that he has I said 2 -- I asked him " 3 MR WATERS Oh I'm sorry 4 MR COTTEN MT if he had acknowledged that 5 THE WITNESS No I didn't hear that 6 question right either 7 Q Let me restate it then g A I have freely acknowledged that I have tried 9 to read everything I could find about the hazards of 10 asbestos and to obtain information including 11 information published originally in other languages 12 many other languages 13 Q And I think that you also said that some of 14 those articles and reports have been abstracted into 15 the English language is that right 16 A That's also true 17 Q And you yourself sir read the German 18 language is that right 19 A can get by on German and French 20 Q And that has assisted you with respect to 21 your process of reading these materials Multi Barry Castleman 1-29-97 Page 428 Page 429 \ A Sure it has Of course if something proved 2 to be important or something I thought was important 3 I would very often -- I'll try to get hold of a 4 professional translation S Q Would you agree that in 1978 Dr. Selikoff 6 knew the scientific state of knowledge regarding 7 asbestos 8 MR WATERS Knew what it was in 1978 9 Q The scientific state of knowledge in 1978 10 A Well he certainly knew the current state of 11 knowledge in 1978 I would say about as well as anyone 12 medically speaking a 13 Q Would you regard him as leader in research 14 as to the health effects of asbestos s A Yes 16 Q You've referred to -- and I apologize if I 17 mispronounce his name -- Dr. Hueper 18 A Yes 19 Q And you've relied upon some of Dr. Hueper's 20 writings and opinions with respect to asbestos have 21 you not sir 12 A Yes Page 430 Page 431 l the workers had virtually no way of knowing about the 12 Q Is this the same Dr. Hueper that in 1955 2 hazards of these products because the products 3 took the position that cigarettes and tobacco don't 3 themselves gave no warning signs d cause lung cancer 5 A think in 1954 he expressed skepticism 4 They don't cause the workers to get 5 headaches they don't cause them to get any kind of 6 about the then available scientific literature linking 7 cigarettes and lung cancer 8 I don't know about anything in 1955 or 6 illness that the worker might associate with this 7 exposure and the clapsed period from the time of 8 exposure until the time that the worker develops the 9 later 10 Q Would you agree that according to your 11 understanding that asbestosis and occupational cancer 12 are diseases that do not appear immediately 13 A That's right 9 disease is measured in years really probably decades 10 Q Other than the documents that you've 11 produced here at your deposition specific to duPont 12 do you have any knowledge of any fact with respect to 13 the workers that worked with Lester Adams at the 14 Q And so from the standpoint of the people 15 working with and around Lester Adams and people like 16 him in this lawsuit those people would not know the 17 potential for becoming ill from asbestos exposure at 18 the time they were being exposed if they were 14 Kinston facility in Kinston North Carolina as to 15 their state of knowledge concerning the dangers of 16 asbestos during the years that Lester Adams was at 17 that facility 18 A No. 19 MR WATERS Unless they were told by 20 somebody 21 A Well if I understand your question right 19 Q And would that also be true with respect to 20 the supervisors that worked for the duPont Company at 21 that facility that Page 432 Page 433 l A Yes I don't know what any of the people at 1 probably knew Mr. Adams that doesn't gain say the 2 the plant knew 2 fact that the people I mentioned and others must have 3 Q Would you know -- can you identify for me 3 been aware that people that were using asbestos 4 sir which people you believe at duPont had knowledge 5 that asbestosis - let me rephrase -- withdraw that -6 had knowledge that Lester Adams was substantially 4 insulation products on a frequent basis and exposed to 5 the dust from them people that were using asbestos as 6 a raw material in their plants were at very serious 7 certain to be seriously injured or killed because of 7 risk of developing occupational disease 8 asbestos exposure at the Kinston plant 8 notwithstanding the fact that the people who had that 9 MR WATERS Well let me just object that 9 knowledge didn't know the names of the individuals 10 that I think misstates the legal standard Well 11 Q I'm just asking if he knows of any facts 12 A I think that the -- that the documents 13 we've provided here today the statements of Mr. 10 exposed 11 Q Of the people that you have just identified 12 as people that you believe had that sort of knowledge 13 and had that quality of knowledge in what years would 14 Keuper and the documents that he authored the 15 testimony of Dr. Stopps the duPont textbook with Dr. 14 they have had -- first had that knowledge 15 And please state which individual and what 16 Schepers chapter in it and Dr. Schepers testimony 17 indicate that there were people at duPont who had a year 17 A Well I think it's reflected in the 18 sophisticated knowledge about the hazards of asbestos 19 the way they had a sophisticated knowledge about the 18 documents I think Mr. Keuper's knowledge goes back 19 to 1963 maybe 1960. I'm not sure 20 hazards of industrial materials generally 20 Q And I'll let you go on and discuss cach 21 And although none of these individuals 21 other one but with respect to Mr. Keuper then your Evans Reporting Service Page 428 - Page 433 Barry Castleman 1-29-97 Multi Adams v DcNemours direct opinion 1 opinion that you stated on direct examination 2 concerning duPont's knowledge that exposure to Page 434 Page 435 1 you've carefully phrased it suggests that that may be 2 the case by 3 asbestos Lester Adams would be substantially 4 certain to lead to serious injury or death would not have been true for Mr. Keuper until 1960 A Right I mean as far as I know he didn't 7 know about asbestos hazards or at least he didn't 8 know much about it before then 9 Q Would it be correct that as far as you know 10 and based upon your opinion that there would be no 11 other person in the duPont Company that had the 3 I mean our position is that the corporate 4 officers knew about the hazards and knew that it was 5 substantially certain that people were going to get 6 injuries and I think that's what I need to prove 7 I don't need to prove specific knowledge 8 that Mr. Adams was exposed and ergo he in particular the 9 was going to get sick and I'm concerned that the way 10 you phrased question posits it in that light 11 Q Let me put it a little differently concerning 12 knowledge the substantial certainty that be 13 Lester Adams would seriously injured or killed by 14 his exposure to asbestos before 1960 15 MR WATERS Let me just object because I 12 With respect to Mr. Keuper are you saying 13 that Mr. Keuper was substantially certain as of 1960 14 that any person exposed to asbestos at any duPont 15 facility was substantially certain to be seriously 16 think the question is a little bit misleading 17 The testimony has been in a general sense 18 that the knowledge was there with respect to the kind 19 of damage that exposures could cause 20 Obviously none of these gentlemen knew Mr. 21 Adams and I'm concerned that your question the way 16 injured or killed by that exposure 17 A. If the person -- 18 MR WATERS Let me just object that it 19 misstates the legal standard 20 Go ahead 21 A If the person was exposed to the asbestos on Page 436 Page 437 1 regular basis occupationally I think that's true 1 you're continuing to discuss Dr. Schepers I think 2 but I would have to review the documents to be more 2 it's important to clarify that point 3 clear on you know exactly when I would ascribe that 4 kind of knowledge to Mr. Keuper 3 I mean we've already had -- 4 MR COTTEN Let's stay on Dr. Keuper -- I 5 I don't think there's much question that Dr. 6 Schepers had that knowledge from the day he was hired 7 at duPont that asbestos could cause cancer or that -- 5 mcan I 6 MR WATERS Can finish my objection ' 7 MR COTTEN Yes 8 asbestos insulation products could cause asbestosis 9 and cancer long 10 Q As as the employee was exposed on a 11 regular basis A Yes 8 MR WATERS We've already had testimony 9 that for example in 1960 modem occupational 10 medicine discussed the fact that month exposure 11 could cause disease That's from Dr. Schepers 12 MR COTTEN But we're talk -- we may be Q How regular of a basis 14 MR WATERS Let's be clear on this 13 talking degrees here Mr. Waters 14 I'm asking about serious injury or death 15 Are you questioning him about Dr. Schepers 16 opinions 17 MR COTTEN I'm asking him about his 18 opinion that he just stated Dr. Castleman's opinion 19 MR WATERS well he made a comment about 15 and I'm talking about substantial certainty 16 None of those three things are identified by 17 Schepers in 1960 18 MR WATERS well I guess it depends on 19 your interpretation of what serious injury is 20 Dr. Schepers knowledge in 1958 21 If your question to him is the follow and 82 MR COTTEN Yes 21 Q Could you tell me what you mean by regular Page 438 Page 439 1 exposure or exposed regularly a 2 A It's little bit hard to try and pick 3 numbers and draw lines above which hazard exists and 4 below which it doesn't and I don't like playing games 5 like that difficult 6 I'm not accusing you of anything Really 7 I'm But it's situation to start 8 trying to get quantitative about things like this 9 It had been shown in the literature that 10 people who were regularly exposed to these things 11 such as those people who were described in the 12 asbestos product use chapter of my book and the tables 13 of it were at risk of disease 14 The literature was abundant to that effect 15 since 1932. By the -- you know by the 1950s it was 16 very abundant 17 There were publications from many countries 18 showing that insulators and the other asbestos product users people exposed around insulation in the allied construction trades were getting asbestosis and in 21 some cases cancers that were also being ascribed to 1 their asbestos exposure 2 And when you asked me to quantify how much 3 exposure constitutes regular exposure I guess I have really 4 to fall back on saying well it is defined more 5 by their job category than by you know somebody 6 standing around with the stopwatch measuring how many 7 hours a day they worked around the stuff 8 But you're talking about people who worked 9 around asbestos insulation products frequently on at 10 least sometime -- you know almost -- at least almost 11 every day probably they spent at least sometime around 12 these products sometimes 13 Sometimes it was all day sometimes it was a 14 just a little bit of a day But it gets little bit 15 difficult for me to start quantifying these things 16 beyond ---- beyond that point 17 The literature reflects the trades of the his 18 people that were involved Dr. Schepers in his 19 writings and in his testimony you know clarifies 20 what he knew as much as I can .21 Q With respect to the knowledge in 1960 -- Page 434 - Page 439 Evans Reporting Service Adams v DeNemours Multi Barry Castleman 1-29-97 1 2 3 4.4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Page 440 MR MILTENBERGER I'm going to object as 1 nonresponsive 2 MR COTTEN Yes I'll join into the 3 nonresponsive portion too 4 Q With respect to the knowledge that you've S described to Ken Keuper admittedly based upon your 6 review of the documents that you have produced here 7 -- today 8 MR WATERS And his deposition 9 MR COTTEN which is part of what he 10 produced here today 11 Q -- do you -- do you know what type of 12 regular exposure Ken Keuper would have thought 13 necessary before someone would be substantially 14 certain to suffer serious injury or death from 15 asbestos exposure 16 A I think we ought to put that off till 17 tomorrow 18 I'd have to look through the documents to 19 try and try and offer you you know -- 20 Q I want to ask you about two follow 21 questions and then I'll be happy to continue tomorrow Page 441 They'll be fairly short I want to know exposure what you meant by regular exposure MR WATERS Again in -- response A I've already told you If you look at Chapter 5 you look at the trades of the people that are affected with -- insulator your boiler riveter welder shipyard worker contractor's helper plumber plant worker wearing asbestos gloves and apron asbestos handlers in chemical plants -- we're getting up to the 1950s -- pipe fitter bricklayer -- you know you wind up with all the construction trades in the end -- hod carrier Q Do all of the people in the construction trades that have an exposure to asbestos doing the types of jobs that you've just described do those people suffer a substantial certainty to develop serious injury or death as a result of working in those trades A I think we're finding that they do I think 1 2 3 4 5 6 7 8 9 10 _ 11 .2 13 14 15 16 17 18 222 20 21 Page 442 we're finding substantial percentages of the people in 1 those trades are affected with asbestosis 2 The studies you know where -- the mortality 3 studies haven't been done on most of these trades but 4 the morbidity studies showing the prevelance of 5 asbestosis among people who have been in those trades 6 for a long time especially you know during the 60s 7 and 70s when a lot of asbestos materials were used 8 have developed asbestosis 9 Q Do you know whether Lester Adams developed 10 asbestosis 11 A I don't know whether Adams has had it 12 confirmed that he had asbestosis or not 13 MR COTTEN Let's resume tomorrow 14 MR WATERS Okay 15 THE VIDEOGRAPHER This portion of the 158982 deposition is concluded January 29th 1997 at 158982 approximately 5:04 p.m. 158982 Thereupon at 5:04 p.m. the videotaped 158982 deposition was adjourned 158982 158982 Page State of Maryland City of Baltimore I Sharon D. Livingston a Notary Public of the State of Maryland City of Baltimore do hereby certify that the named witness personally appeared before me at the time and place herein set out and after having been first duly sworn by me according to law was examined by counsel I further certify that the examination was recorded stenographically by me and this transcript is a true record of the proceedings I further certify that I am not of counsel to any of the parties nor an employee of counsel nor related to any of the parties nor in any way interested in the outcome of the action As witness my hand and seal this 11th day of February 1997 443 Sharon D. Livingston My Commission Expires 10-28-98 1 INDEX 2 Deposition of Dr. Barry fra Castleman 3 January 29 1997 4 5 EXAMINATION BY PAGE 6 Mr Waters 202 7 Mr Cotten 8 Mr Bevel 351 379 376 10 Castleman EXHIBITS DESCRIPTION PAGE i 204 3 12 page Outline 4 Advertisement 211 13 5 Letter dated 2-24-72 from L.B. L.B. 15 6 16 17 18 8 19 Serumary Particle and Fiber Counts 211 Letter ReinC.F. hReianharrdt dt Letter dated 4-4-73 from Thomas J. Nelson to E.E. Swain Jr. Handwritten note from L.F. Morgan 10 Letter dated 6-10-72 from Page 444 t INDEX CONTINUED 2 Deposition of Dr. Barry Ira Castleman 3 January 29 1997 4 Castleman S EXHIBITS DESCRIPTION PAGE || "" etter dated 6-16-72 from Richard J. Hubiak to J.B. Armitage 211 dated 4-10-72 from 7 12 Letter 8 and C.F. Reinhardt } 13 14 11 15 12 13 16 14 17 16 17 18 18 19 19 Letter datedReinhfroam rRedinhatrdt 2 Answers to Interrogatorics 211 from Letterdated 6-9-72 211 Zapp Letter dated 5-19-66 5-19-66 from Stevenson A.C. to Dr. John 211 Naselow L.A.Zapp Jr. 211 2 sheets of legal documents from MacMurray Outlcinaese page Service 211 211 in Adams case Page 445 Evans Reporting Service Page 440 - Page 445 Adams v DeNemours Multi Barry Castleman 1-29-97 1 MR MILTENBERGER I'm going to object as 2 nonresponsive Page 440 1 questions and then I'll be happy to continue 2 tomorrow Page 441 3 MR COTTEN Yes I'll join into the 4 nonresponsive portion too 5 Q With respect to the knowledge that you've 6 described to Ken Keuper admittedly based upon your 7 review of the documents that you have produced here 8 today - 9 MR WATERS And his deposition 10 MR COTTEN Which is part of what he 11 produced here today 12 Q -- do you -- do you know what type of 13 regular exposure Ken Keuper would have thought 14 necessary before someone would be substantially 15 certain to suffer serious injury or death from 16 asbestos exposure 17 A I think we ought to put that off till 18 tomorrow 182 I'd have to look through the documents to 20 try and try and offer you you know -- 182 Q I want to ask you about two follow 3 They'll be fairly short I want to know his 4 what you meant by regular exposure 5 MR WATERS Again in -- response 6 A I've already told you If you look at 7 Chapter 5 you look at the trades of the people that 8 are affected with -- insulator your boiler riveter 9 welder shipyard worker contractor's helper plumber 10 plant worker wearing asbestos gloves and apron 11 asbestos handlers in chemical plants -- we're getting 12 up to the 1950s-- 1950s-- pipe fitter bricklayer -- you 13 know you wind up with all the construction trades in 14 the end -- hod carrier 15 Q Do all of the people in the construction 16 trades that have an exposure to asbestos doing the 17 types of jobs that you've just described do those 18 people suffer a substantial certainty to develop 19 serious injury or death as a result of working in 20 those trades 21 A think we're finding that they do I think Page 442 1 we're finding substantial percentages of the people in 1 State of Maryland Page 443 2 those trades are affected with asbestosis 2 City of Baltimore 3 The studies you know where -- the mortality 4 studies haven't been done on most of these trades but 5 the morbidity studies showing the prevelance of 6 asbestosis among people who have been in those trades 7 for a long time especially you know during the 60s 8 and 70s when a lot of asbestos materials were used 9 have developed asbestosis 3 I Sharon D. Livingston a Notary Public of 4 the State of Maryland City of Baltimore do hereby 5 certify that the named witness personally 6 appeared before me at the time and place herein set 7 out and after having been first duly sworn by me 8 according to law was examined by counsel 9 I further certify that the examination was 10 Q Do you know whether Lester Adams developed 11 asbestosis .2 ^ I don't know whether Mr. Adams has had it 13 confirmed that he had asbestosis or not 10 recorded stenographically by me and this transcript is 1 a true record of the proceedings 12 I further certify that I am not of counsel 13 to any of the parties nor an employee of counsel nor 14 MR COTTEN Let's resume tomorrow 14 related to any of the parties nor in any way 15 MR WATERS Okay 15 interested in the outcome of the action 16 THE VIDEOGRAPHER This portion of the 17 deposition is concluded January 29th 1997 at 18 approximately 5:04 p.m. 16 As witness my hand and seal this 11th day of 17 February 1997 18 19 Thereupon at 5:04 p.m. the videotaped 20 deposition was adjourned 21 19 Sharon D. Livingston 20 My Commission Expires 10-28-98 21 I INDEX 2 Deposition of Dr. Barry Ira Castleman 3 January 29 1997 4 5 EXAMINATION BY 6 Mr Waters 7 Mr Cotten 8 Mr Bevel 9 PAGE 202 151 379 376 10 Castleman || EXHIBITS DESCRIPTION 3 12 page Outline 4 13 Advertisement PAGE 204 21 14 IS 6 16 17 18 8 19 9 0 2-24-72 Morgan Summary of Particle and Fiber Counts 211 Letter dated 4-10-72 from JF Morgan Letter dated 4-4-73 from Thomas Nelson to E.E. Swain In 211 Handwritten note from IF Morgan Letter dated 4-10-73 from E.E Swain Jr. to LA Zapp 210 211 21 10 Letter dated 6-10-72 from Page Add 1 INDEX CONTINUED ? Deposition of Dr. Barry Ita Castleman } January 29 1997 + Castleman EXHIBITS 5 DESCRIPTION DESCRIPTION PAGE | Letter dated 6-16-72 6-16-72 from 6 Richard I. Hubiak 16 LA Armrage 211 7 1 8 9 It 10 id ] $ 12 13 JP Letter Morgan 4-10-72 fZrapop m anMd organ Rehard 211 211 Resulard~- Letter dated 9-19-72 from 211 FE Swam fr to CF. 21 Answers to 211 Interrogatories Letter dated 6-9-72 6-9-72 from Dr LA Zapp 211 16 LetterStevenson 5-19-6 Dr. Jolm A Zapp 211 15 16 Naselow 1-2-69 Tr 211 ? 2 sheets of legal documents frein MacMurray MacMurray case 18 19 19 3 page Outline DuPont Affidavit of Service 20 Subpoena Notice in Adams case 21 : 211 141 Page 415 Evans Reporting Service Page 440 - Page 445 Adams v DcNemours 80 203 50s 3 232 296 15511551 310 60s4 232 296 442 244 288 14 5 235 217 277 5 15 379 218 397 page 1 15th 342 235 445 218 445 242 Multi | 308 | 309 314 || 430 1958 1956 308 309 334 258 309 311 430 1958 12 254 '64 417 '66 21 '67 '67 1 '68 '68 283 417 417 70s 4 288 403 442 417 296 16 215 16 220 445 1600 [ 200 1616thth 2 200 17 220 1717 1 200 219 326 445 | 312 313 313 313 313 314: 43: 6 1959 203 | 260 1960 18 311 313 314 259 230 171121711121 405 80s 2 288 00 15 352 352 353 353 353 354 354 354 354 355 4 03 235 350 350 042 442 406 296 352 353 353 354 351 45 235 442 | 18 4 221 | 390 445 1889 1889 19 211 225 || 300 | 415 273 330 44518 1906 1 240 | 4 19027 29 359 383 222 219 283 348 22: 9 19102-1870 ] 1960 255 264 314 | 434 | 437 : 258 263 265 313 433 434 435 437 439 439 1960s 4 233 267 1962 Amy1 412 412 217 417 1963 6 273 316 315 13 315 316 09742918 = 251 1 0974569 0975054 243 240 0975371 259 0975743 245 15 336 352 355 358 300 351 352 355 358 300 351 352 355 421 445 1-2-69111 1.6 214 10 212 216 335555 199 214 352 352 373 390 444 445 201 215 : 354 388 10-2-72 11 328 10-28-98 443 1004 221 | 310 | 200 1915 229 191814158 230 191814158 191814158 | 1919 230 1921 1921 253 192nd 1930 302 | 230 | 1930s 208 232 241 : 415 3 1934124 | 438 239 1934 239 | 359 1935 241 : 356 | 1936 | 20 304 : 241 1937 230 199 303 207 207 255 255 414 317 2606 241 304 1964 | 1964 268 270 270 290 334 400 403 409 417 1965 271 272 271 273 196 1966 273 273 277 277 278 283 | 283 318 318 356 1967 320 321 321 322 1968 1 284 284 196919629 220 | 19760 284 334 382 267 268 290 400 408 271 219 275 277 280 318 320 322 225 284 405 3 100,000 225 343 1051 1 332 10th1 213 11215 11215 235 235 250 250 250 390 1142018 116 418 11th 1 44316 12 445 297 124 2 342 1256 ,000 2 13 211 216 445 132 260 225 19332482 1938 253 2 1933094 1940 4 304 304 304 235 235 250 445 251 3 1940s | 244 255 1941 1 304 1942 1942 245 5 194 2446 247 304 300 342 218 19417 304 3 1942498 248 255 1950s 1950s 438 441 211 19531 307 1954 1 430 1955 1955 254 242 307 | 406 1970s 51 289 403 304 232 427 1927 2118 1972 19 213 215 216 218 246 247 304 250 323 324 | 327 328 329 || 333 330 337 1973 12 | 284 299 285 330 288 | 332 424 333 426 251 258 192734 34 1975 12 335 337 340 340 340 348 227 426 225 212 216 218 326 328 330 424 214 286 330 423 425 335 338 340 348 | 349 425 19786 213 | 336 341 346 404 1937 3472 | 345 1978 429 346 429 4 198 220 : 7 347 404 1982 2 347 285 1983 1983 1 285 || 1 198 2842 1990 1 420 1994 421 | 1996 359 361 389 397 397 1997 11 201 300 397 398 442 443 445 | 19th 216 2 1st 426 2 220 335 360 13 2-24-72 1 2.33 2.33 1 335 335 2016 | 326 409 199 326 fold1 200,000 1 202 444 20411 444 211 | 444 444 444455 445 445 444 444 445 445 445 445 21202 22131 410 1 366 241 1 301 2422 1 199 25 374 310 398 256-8410 252t5hth 335 56 6 26 351 [ 1 27 374 3 30832 321 410 2710 2000 282 374 28t1h 338 296 296 | 382 | 445 29th 199 391 201 | 352 410 80 - year 214 342 406 19 344 429 429 287 349 18 15 204 206 = 206 227 || 228 350 227 235218 21 page page 214 3.2 214 303606 306 299 383 219 319 204 207 228 350 351 44 4444 15 298 383 3011 31 282 200 250 342 426 361 32151 326 300 326 397 398 199 397 410 444 3291 33 2 342 226677 332 34 32 42 333] 342 338 1 283 35121 340 34132412 35121 35112 3613 445 444 395 3671 33771211 21 384 297 444 252 342 386 250 383 316 384 33884 4 392 385 445 385 38387 7 201 397 343 271 3761 ] 379 | 38 2 39 1 397 21 444 4447 386 387 320 396 396 321 444 444 445 445 445 : 199 20 373 211 211 12 15 212 227 362 || 410 363 44: 4 | 4-10-72 44-1-0-72 10-72 445 445 4-10-73 1 4-4-73 : 400 41 388 3 200 250 212 : 259 410 15 444 444 444 17 250 410 ry 199 346 43 388 199 44 2 335 4400 351 451 451 47 389 389 300 337 10 5 340 364 212 340 441 442 444 389 200 300.7 340 354 442 390 344 444 5-19-661 5012501121 510 510 389 279 359 389 394 445 372.18 389 389 300 442 550 199 201 yea 1 2r 73 Evans Reporting Service Index Page 1 6 - April 322 : 18 212 444 6-10-712 6-16-72 -9-72 1 216 444 445 445 60th1 19:9 63 283 66 203 6th 359 299 361 361 389 330 361 397 397 17 444 213 382 7101 303 734 247 75201 2 200 200 75208 1 : 200 76102-41271 76102-41271 200 86 86 329 444 275 354 277 354 8.515 329 8001 82 1 1 252 199 256 309 882-0208 199 771188 13 35: 2 213528 353 353 335 544 354 444 9-19-72 [1 445 : 90 900 420 246 94 1 1 420: 94.2 1 269 95-08910 A.B 445 A.C 445 a.m 199 235 235 235 250 250 353 353 250 353 353 199 201 22335 5 250 352 353 | 244 302 244 302 298 302 303 303 19 | 304 30: 4 9 307307 a4bu3n8dant 2 Academy 417 303 304 : 438 412 2 acceptable 347 347 accepte2 d 283 ac epted 226633 acCCSS : ac ompanied 223 31 1 accompanied 1 accord 11) accordance accordance according 11 according 229 249 333 201 201 217 309 356 357 359 6 383 41182 41 300 account 1 228 accumulated accumulated 204 260 341 375 408 accumulations 1 280 accuracy 406 accurate accurate accurate 32713 361 407 440067 | ] accusing 441046 438 6 acknowacknowleldged edged 207 256 427 428 acknowledges acknowledges 1 acknowledges acknowledges acknowledges acknowledging acknowledging 1 : acknowledgment 1 acquairceqd uired 41: 8 act 42: 6 action action 2 345 443 actions : actions 288 288 : active 382 Multi | 434 435 442 Adams 442 445 Adams 1 368 add 353 221 409 331 427 added addition addition 7 248 | 356 additional 274 385: additional 10 290 313 321 394 252 24: 7 289 420 218 316 427 additionally adres 249 290 2 address 300 348 addressed 3 208 319 337 adequate adjacent 26: 0 273 284 284 adjourned adjourned 442 | 2 Administration 324 344 admissions admissions 4 271 admittedly admiatdtmiettdeldlyy 272 440 admittedly adoption 1 advance 1 280 299 advertisemen2t 444 advertisers advertisers 1 305 18 advertisin1g 371 advice 345 adadv visic sc 5 285 292 270 323 345 advising1 affe:cted 442:2 affidavi3t 352 445 afoul 1 425 afraid 3 : 342 39: 1 Africa 258 258 363 317 351 321 255 afternoon again 21 264 294 300 214 302 Adams v DcNemours ago 233 agree 16 296 agre 16 413 | 415 296 413 416 418 || 426 425 429 agreement 352 352 384 365 295 412 414 416 426 430 237: 384 ahead 7 205 285 317 385 386 391 435 | 269 284 305 279 305 305 306 398 405 405 405 405 424 conditioning air air conditioning [ airborne airborne = 215 al 199 199 199 199 Alice Alice | 1 alive 303 250 alleged 1 409 allied 3 245 245 438 allow 1 392 allowable 336 336 336 336 336 336 al3l4o7wance 2 allusions 10 almost 269 439 323 318 218 439 along 427 303 Andrews 200 201 Andrews AndyAndy1 Angeles animalaniamniamlal 2 annual annual 5 annual 241 231: : 200 352 40: 5 232 231 231 271 annuall] y answer 32 222 | 232 | 237 | 262 | 278 | 292 222 233 252 272 283 294 221 208 229 237 253 278 286 294 295 301 306 308 310 310 312 | 361 350 = 353 371 373 | 397 [ answers 10 | 222 223 20: 6 283 308 311 | 347 34: 7 40: 7 44: 5 Anthony 242 anticipat2e 293 295 anticipated 1 349 anticipa1ti2n9g7 anxious [ 378 apologize 429 appear 7 223 aperanceapear 352 353 352 408 353 430 1 appearance 409 APPEARANCES ] 200 alternative1s 347 alveoli 306 always 5 | 412 412 421 393 413 AMA 1 309 amended amendments 208 America America 357 1 329 American American 249 249 302 302 248 302 305 appeared 249 309 318 304 : appearing 1 311 aapppplilciatciaotn io]n 279 applications 1 ap lied 385 applied applied 1 applies 11 : 416 279 appl4y aplying 374 374 applying 298 383 348 appointe1d 229 able 238 238 312 359 363 abovc 11 438 captioned 199 : absolutely 267 activities activit5y activty 207 207 actual 417 actual 1 acutely 1 adul 305 382 207 343 414 326 314 | 337 |) 347 427against against against 247 314 339 350 378 : 3 343 321 345 377 396 203 | 263 275 | 309 | 413 | 417 270 295 311 414 442 amount 251 271 273 303 313 416 21158 358 apointment 230 appreciate appreciate 355 390 410 345 7 367 apprapperehheensinonss ion1s approached 1 403 stract 405 502 307 abstracted abstracted 4 302 307 24: 9 248 : 428 abstrac1ts7 9 244 Adams 292 : : 295 296 | 362 431 | 433 362 431 434: 199 : 297 430 432 43: 4 agency 3 agent : 382 39: 1 agent [ agent2s agents 246 : 324 250 246 416 analysis | analysis | 4 253 253 analytical AndArnedwrew 3 246 332 373 119 99 9 appropriate approp:riate 23:0 | approximate 4 approximate 345 370 April 389 April 8 212 Index Page 2 Evans Reporting Service at, Adams v DcNemours 213 214 247 = 338 346 216 344 apron ] Arch 1 305 archives 2 360 441 309 arca 5 269 284 317 279 424 areas 1 284 arguing [ Arizona 1 Armitage 1 383 316 445 arrangements 1 355 arrival 1 258 arriving 1 art 410 427 406 411 article 29 241 241 219 247 247 247 248 249 304 307 318 5 259 = 304 = 307 = 318 302 306 310 318 318 318 319 319 319 328 328 359 386 395 articles 32 245 246 302 302 303 303 359 360 384 385 388 389 389 389 393 394 394 395 407 407 428 207 298 303 359 372 386 389 392 394 407 407 asbestos 356 202 203 202 203 203 204 204 205 207 205 = 207 207 207 208 . 208 208 208 212 209 212 209 212 212 213 213 | 213 213 213 214 214 214 214 214 214 215 = 215 215 216 215 216 216 216 217 217 217 217 217 218 218 218 218 219 220 220 220 220 221 221 221 221 222 223 223 224 224 224 224 224 225 225 225 225 225 226 226 226 226 227 227 228 229 231 240 240 242 242 242 243 243 244 244 246 247 24611 248 246 248 248 250 252 252 254 255 257 257 258 258 258 259 260 260 262 262 263 263 263 264 265 265 266 266 267 267 268 268 268 269 270 270 271 271 272 272 272 274 274 275 275 276 276 276 277 278 278 279 279 283 283 284 284 284 285 285 286 286 287 287 287 288 288 289 289 289 290 290 292 11 292 293 297 298 300 301 301 302 302 303 303 303 304 307 307 309 309 309 310 311 311 311 313 315 317 319 318 319 319 320 320 320 322 323 323 323 324 324 324 324 325 325 326 326 329 329 329 330 330 330 331 333 334 334 335 337 338 338 338 338 339 339 339 340 340 341 341 343 342 344 343 344 345 346 346 346 347 347 347 348 348 349 350 369 373 375 375 375 377 382 382 382 382 382 382 385 385 390 391 391 395 396 396 397 398 398 398 399 399 399 399 399 402 402 402 403 403 404| 404 404 405 404 405 406 406 408 411 411 10 413 413 413 414 414 415 415 416 416 417 Multi 417 418 420 421 421 422 424 417 418 420 421 421 422 424 418 418 421 421 421 423 425 assisted 1 associate 2 431 428 250 associate7 d 213 216 231 231 279 286 + 309 425 427 426 427 426 428 associating 2 252 252 429 430 429 431 429 432 associatio7n 248 249 249 253 432 433 433 313 408 408 434 435 436 439 441 442 434 435 438 439 441 434 436 438 440 441 containing association1s 412 assume 1 288 289 288 13 289 289 289 289 = 289 289 290 371 7 348 420 211 339 382 391 423 asbestos 6 423 424 424 424 424 426 13 assumes 5 226 227 292 assuming 14 = 208 332 209 245 208 405 asbestos 3 292 319 = 413 Asbestos 1 219 asbestosi6s2 208 239 240 240 241 243 243 243 244 244 246 247 248 248 249 252 252 253 253 253 254 254 254 255 260 262 269 269 286 286 303 assumption 1 378 assumptions 3 291 291 294 attached 18 241 318 342 355-14 357 219 319 357 attachin(g = 342 attachmen]t 342 attend 3 313 404 214 attendance 1 attended 3 308 308 314 267 303 305 306 307 303 304 306 307 = 306 307 307 310 attention 241 253 325 325 416 219 292 405 310 = 310 316 317 414 414 425 430 436 438 442 442 442 ascertain 367 316 317 415 432 442 442 274 attorney 9 282 370 380 380 406 409 200 370 381 attorneys 5 258 369 397 257 371 audiotape1s1 365 ascribe ( ascribe] d aside 387 as 10k22s1 275 275 276 313 325 364 436 438 412 236 276 315 aspect aspects 9 285 285 315 369 418 420 306 240 314 401 assCSS 3 203 203 202 August 2 326 248 authenticity 11222 11222 author 4 284 327 338 346 author's 1 2301 authored = 215 239 250 255 335 345 385 395 432 authoritative 1 374 authorities 2 307 263 assessin1g assist 2 238 288 211 authorit1 y authors 51 261 261 303 304 255 262 apron - became autopsics available 13 238 249 299 299 340 341 378 401 310 206 274 327 377 430 average 1 avoid IJ Awaiting awarc 12 265 271 276 290 326 401 337 433 214 243 318 258 272 290 353 away 279 285 377 285 400 BU 212 152923 1 199 B ] 215 Bachelor'1s 400 background 1 255 bag1s 340 Baldwin = 377 377 378 378 378 379 379 380 381 381 391 Baltimore 81 199 201 352 356 443 199 336 443 ban 343 banjdt} 277 Bank 31202 301 banned 2 425 425 202 425 bans1 213 Barry 8 199 201 356 422 445 199 201 444 Barton 2 2019 200 bas1 c 294 based 18 291 291 294 299 322 327 347 348 349 402 434 440 276 294 313 341 348 412 bases 1} basic 1388 1388 236 basis 12 248 271 297 312 423 433 436 436 221 296 319 436 Bates 13 210 216 240 243 245 251 251 259 210 239 243 251 334 bea2r 323 became 6 302 421 331 255 421 Evans Reporting Service Index Page 3 become - chcap 421 422 become 5 215 256 256 259 303 293 299 Multi building 202 bulletin 1 220 [ carcer carefu]l Adams v DcNemours 232 274 causes 6 | 251 252 229 284 ecoming ecomin4 g 69:12 69:12 310 : 254 43107 began 3 406 423 311 4 begin 2 351 beginning beginning 3 410 415 345 300 begins begins 3 20 326 behalf 9 200 200 200 202 286 308 216 200 200 202 behest 1 belief 1 1 believes believes 1 below 2 438 397 39: 2 381 320 best2 361 beta1 23: 2 4 Bethlehem 321 323 better 347: 4 338 89 9 379 320 323 339 : 394 between 252 253 254 254 : : 265 268 83:20 310 338 396 Bevel 9 354 354 354 376 379 444 beyon4d 280 439 214 253 254 27: 0 323 413 200 354 376 208 439 big 208 biblill1l 42: 6 binders = binding 1 bit 250 267 330 413 421 438 439 312 220 256 334 434 439 block 3 222 22227 7 221 blocks 2 : 217 board 3 231 354 230 boards 1 212 boiled p 390 boiler 1 441 Boilermaker 4 304 Boilermaker 305 : 306 ilers 1 JookJook 48 204 239 242 246 250 250 311 204 240 247 255 35: 6 | | 373 385 386 389 | 396 418 419 420 369 : 384 385 386 389 415 419 420 438 bo ksbooks 6 372 384 388 392 bothered bottom BOWLES box1 378 boxes 2 378 brake brake 2 226 brea2k 297 breakfast breathe 354 354 breathe Brian Brian Brian 2 brick 201 brick 323 bricklayer bricks bricks bricks Bridgeport1 4 brief 235 326 350 briefly 211 231 bring 307 bring bring 13 356 356 358 360 366 366 | 367 371 bringin2g bringing 416 |Britai5n Britain 252 : 25: 8 | 307 | British British 219 219 = broader 253 brochures 402 411 brochures brought 223 230 | 234 356 356 356 | 356 357 359 360 372 : 393 Brucellosis Brucel osis Brucel osis Brucellosis [ Bubiak Bubiak : Buffalo 372 : 385 386 388 395 418 41: 9 420 207 386 390 287 199 : 378 217 235 353 269 : 200 323 44: 1 322 217 250 209 262 253 357 366 367 378 203 244 303 : 203 253 : 371 209 233 356 356 357 360 409 317 : 215 217 burdensome 382 Burger 308 1 business ] 257 bystanders 417 C 200 200 | 201 26: 7 219 33446 6 267 C.F 3 444 445 caluations 445 calculation1s 365 calls 14 | 242 244 272 16 275 287 310 15 358 237 245 276 317 CaCnanaadda a Canada 308 309 333 : 252 309 | 435 CarCoalrionlaina 9 Carolina 272 277 273 316 27: 1 277 317 | 317 431 carrie1r cartons 1 441 16 408 cartridge cartridge 21 cartridges 1 cartridges case 77 199 199 202 206 206 221 : 279 199 203 : 209 217 221 223 229 239 240 246 252 256 259 261 265 271 : 274 288 272 273 = : 282 282 290 292 292 292 292 Canadian 331 331 cancel 331 cancel [ cancer | 9 232 : 232 : 240 243 14 | 246 248 | 249 : 250 : | 252 | 252 | 254 255 : 258 252 252 254 257 : 258 | 260 262 265 265 | 268 | 284 307 270 286 309 | 310 319 | 401 | 401 310 319 | 401 401 | 401 430 430 436 330 331 339 219 24: 0 243 248 251 : 252 252 254 258 : 259 264 267 284 286 309 319 400 401 401 430 436 | 293 | 317 347 309 318 351 | 358 | 361 : | 364 368 | 373 | 384 | : 387 391 || 392 411 | 435 359 364 : 365 369 380 387 : 388 392 406 414 445 cases 29 252 252 253 | 263 | 310 | 369 | 370 | 390 | 414 253 282 310 370 370 413 414 | 415 416 castables 317 323 351 360 364 : 365 371 384 387 : 388 392 406 416 445 244 252 255 310 : 361 370 371 414 414 416 330 cancers 5 cancers 246 253 438 246 401 : Castlema2n8 199 | 199 202 201 203 201 203 cannot 3 260 | : 204 20 206 6 211 : = capable [ 248 car 218 carcinogen 246 258 carcinogenic 343 carcinogenic carcinogeni2c carinogens 343 343 | carinogenscarcinogens 3 232 259 259 cardiorespirator]y 31: 3 237 | 351 379 237 358 393 351 376 410 423 427 444 | 444 445 445 Castleman's 2 299 436 casts 1 368 catcategorey gory 2 439 | causa2l 263 336677 253 carecare 3 425 21: 8 21: 8 caused 4 286 314 314 319 250 causing 248 250 246 305 | CAWTHRONCAWTHRONCAWTHRON 2 200 206 cement | 221 cemntious 349 5 222 cementitious 209 227 cementitious 1 349 cements Center 3 century 200 33: 8 centcuenturry y3 415 415 212 200 : 227 ceramic 302 Ceramics 302 Ceramics Ceramics 113 3 29: 8 302 | 302 303 | 304 certain 23: 8 302 = 302 302 302 303 303 304 307 ] 23 238 207 257 257 | 277 294 288 295 291 296 301 || 34: 2 325 342 342 338 376 434 | 432 443355certainly 435 certainly 8 205 230 ce|rtainly 415 265 417 403 420 certainty 429 certaint9y 291 294 || 296 296 15 441 437 296 296 441 certifcates 2 certificates : 296 434 253 | 384 |certificatio1n certify 374 | certif3y 443 443 443 : 401 chance 1 360 change1 s 208 chapterchapter 16 242 255 25186 262 : 5 : | 418 | 419 441 : 418 432 : 419 438 | characterizatio2n 233 376 characterize 11346 charge 2 221: 221 Charles 1 Chase 4 202 202 282 20: 2 301 cheap 1 : 330 Index Page 4 Evans Reporting Service Adams v DcNemours check 4 14 365 client 1 289 Multi company'1s 347 | 400 406 409 check ~ continued considerably 1 checking 409 clients 1 371 chemic1al1 208 close 249 389 : : : 319 : 441 400 : 427 chemical1s 230 chest 308 309 chest 10 Chestnut 2 212 : Chestnut chciheifef 22 223322 : 416 chron Chromepak 4 338 339 339 206 chronological chronological chronological chronological 359 359 chronologicaly chronological y chronlogicaly closcly closure 1 = 419 5 255 authore1d 385 385 workers 1 431 cohorts colection 295 collectio1 n 389 college 384 Colorado 316 | [ combination | 385 combustion 1 305 coming 3 258 407 426 compari1s2o1n4 compel 236 compendium 427 compendium compendium 2 386 395 compensable 5 254 258 307 | 316 317 compensation 9 compensation 208 | 315 316 255 315 316 307 315 317 compiled 253 1 complaints 325 complete 343 359 408 409 concerns 431 434 concer1n8s conclude 2 249 434 264 243 concluded 22 394 9 44: 2 conclusion conclusion 4 238 248 320 407 conclusions 4 254 conclusory 254 258 268 conclusor)y 254 condition6s conditons 260 269 384 conduct conduct conduct 1 253 305 217 conducted 17 210 consideratio1n considering 290 consistent6 22665 5 265 327 327 328 13 332 constitut4 e 227 380 383 383 constitutes 1 439 construction 9 242 || 270 438 242 280 441 269 280 441 1 consult 3 consultant 404 404 404 384 consultant1s 368 : Churg 11 cigarettes cigarette2 s 318 430 CiCricrcuuiitt 1 352 circumstance 11 379 circumstances circumstances 1 citations citations 1 cit1e 252 cited 7 253 420 425 citecs ites [[ 236 : 284 298 420 citics 1 213 citing 1 328 Cit5y 200 352 443 : Civil 318 444 3 Civil 1 201 claims 4 292 292 289 412 1 clarification 376 clarification clarifics clarifics 439 clcalrairfiyfyclarify 357 378 17 208 394 437 Clark Clark 2 Clark 304 1 classified clcalay y ] 323299 282 221 38: 0 clean 237 280 : 260 cleaner 1 cleanin1g clear 14 214 228 261 310-19 330 334 407 422 436 : 279 280 207 239 329 393 436 clearl2 y clearly : 310 310 209 355 | 2 commence 355 353 commencing 2 comencing 199 201 comment 436 commentary 1 213 comment2 s 221 284 Commerce 200 ComisonCommission 1 | 443 Committe1e 304 | communication 10 212 213 214 215 | 216 | 34: 2 215 220 216 321 com unications com unications communications 1 : com unity community 412 ] companies companies 17 199 companies 244 288 | 308 : 411 : 332 411 341 411 | | 413 424 426 418 424 418 425 51 company 200 200 | 203 207 204 207 212 218 230232 | 259 270 230 233 266 270 277 292 305 | 323 | 341 || 348 4 31681 423 || 431 305 328 341 350 363 363 419 424 434 199 203 207 208 230 7 232 242 267 274 300 320 329 347 351 409 419 425 300 301 3 completely 268 341 356 completin1g 311 completion 1 300 compliance 1 compliance 366 complicated || 252 complication complicatio4n complication 243 244 | 307 comply 2 391 425 1 component | compoun4 d 217 218 |compound3s 224 225 comprehensive comprehensive 246 368 222 215 225 221 3 408 CONCC 11 | 232 324 267 375 214 270 375 | 390 415 concerned 417 4 concerned concerned 331 434 concerning 417 216 435 : concercon ncerniing 7ng0 202 204 205 207 | 209 229 | 242 | 254 219 240 247 254 227 241 249 258 259 260 : 264 | 265 267 265 268 266 269 | 270 | 276 | 280 286 | 293 | 295 || 296 | 303 319 || 342 346 273 273 277 278 284 286 287 289 294 294 296 296 301 301 307 307 328 332 343 344 348 359 361 380 388 320 328 17 conducting conducting conducting 273 conference 17 2149 268 270 270 : 308 284 284 308 | 308 309 309 310 309 404 404 6 312 conferences 312 313 314 314 417 369 3 consulted 384 386 392 3 consulting consumer 363 21 404 202 2 2 21 19 9 consumer 5 2 consumers 215 216 contact 263 3 406 215 conferred 1 384 contacted 1 = 354 confiden1 t 408 confidentia3l 273 274 274 confidentialit1y confidentialty 391 confine 254 contactin1g contain 7 364 3 27 93 1 contained 11 contained | 206 209 224 224 391 218 238 98 2 206 217 224 confirm 226 280 293 307 confirmed4 252 286 408 442 confirmin2g 408 440099 confused confuse2d 334 406 | 327 409 420 container2 s2 212 containing containing 15 containing containing 217 223 224 225 201 9 7 : 212 224 225 1 concf onfuusios n ion 18 321 congratulate [ 365 226 || 226 334 334 226 227 385 226 279 Congress 4 241 247 Congres 1 Congresses conjecture 24 356 231 conjectur1e 426 connected 240 | Conecticut ConecticutConnectConiecticutcut 1 21: 7 connecting 11 connecting | connection 7 7 260 : 262 contains 1 contaminant 242 contemplated contaminant 2 214 contemplatedcontemplcontemplaated ted 1 349 I contents context 15 224 240 : 3 256 265 206 207 207 247 270 14 268 369 | 19| Consequently Consequently [ 10 310 338 374 382 Consequ1 ently | 288 296 300 311 314 357 421 422 continuation continuation continuation 201 343 9 5 35 55 cons:ider 33866 234838 contconi tinuenue 3 339 considerable 347 347 considerabl2e | 322 331 341 441 continue3 d 341 427 445 Evans Reporting Scrvice Index Page 5 continues - deposition continues 1 334 costs 1 427 continuin8g 314 323 340 340 437 290 332 417 Cotten Coten 200 | 205 209 205 208 210 ntractor's | 210 contributed 258 | 218 contributors 1 262 222 223 contro1l0 218218 247 277 279 283 305 306 405 405 416 | 224 | 226 | 227 229 212 212 222 223 225 226 228 229 Multi countries 3 200 205 208 210 country 258 438 countr6y | 250 255 | 307 408 212 212 222 224 counts 2 COUNTY 444 1 COUNTY couple 3 225 course 297 400 227 course 12 course 228 230 297 361 345 390 244 | 279 CV 356 208 293 CV 368 | 386 372 386 CV's 1 368 214 D 199 327 338 368 384 201 443 199 D'Alanzo D'Alanzo 217 D'Alanzo 274 275 274 275 297 360 398 D'Alanzo's 277 3 D'Alanzo's 277 278 278 Adams v DcNemours defendant 9 200 | 301 | 380 200 375 390 200 200 375 defendan1t3s 199 377 378 375 | 382 382 391 391 391 411 defense 6 | 376 376 378 378 370 378 | 2 defensive 347 347 : 243 16 260 convention : convention 15 386 395 395 conventions conventions 396 convince1d 254 cooling 4 224 225 218 225 coordinato1r 218 233 234 234 237 239 | 242 | 245 252 257 233 234 235 237 239 242 245 253 261 233 234 236 237 240 244 246 255 263 | 411 429 COUTSES 17 398 398 | 399 399 399 399 401 401 | 402 402 403 court 398 398 399 401 402 402 199 273 Dallas 200 4 20: 0 damage [ dampened | 247 4 dangerous 349 349 dangers : 199 200 434 247 243 349 defer 3 367 : define 1 defined defined 1 definite 3 | 345 345 1 definitely | definitions 1 definition definition 371 415 439 253 419 415 381 234 14 copies 365 365 366 369 374 376 378 382 385 385 391 207 366 372 377 385 390 copy 22 205 205 706 216 19:11 239 250 251 261 312 325 365 368 376 205 205 216 245 259 319 366 390 copying corner 1 corpora1te5 203 203 208 230 293 293 407 407 420 435 335 327 202 204 288 315 419 corporatio6n 200 258 290 320 321 423 corporations 4 corporations corporations 230 : 293 Correct 13 211 277 321 332 336 354 369 266 271 ||: 273 | 277 281 | 281 | 282 282 | 285 287 || = 293 29: 6 297 || 351 || 335532 | 353 357 | 358 360 | 367 374 | 376 381 387 | 391 | 393 395 | 407 414 44222 2 428 || 437 266 272 275 280 281 281 282 285 286 288 293 296 317 16 351 352 353 357 33557 9 367 368 374 379 383 389 392 395 395 407 417 427 436 437 266 272 276 281 281 282 282 285 286 291 294 29: 5 318 352 352 353 358 358 359 367 370 375 379 387 389 392 395 395 410 417 422 437 437 : | 391 courts 2 [ 293 Cover [ 240 | 259 397 243 328 417 255 205 251 328 DaDnaniieell 1 1 data 290 374 416 | date 21 | 260 | 285 316 209 281 299 326 covered 238 335 337 238 | 387 | 392 386 389 394 387 389 396 340 | 346 || 372 345 353 coverer [ coverers ] coverers dated 274 418 dated 23 215 220 326 329 2 c4o2v5ering | covers ] craftsme] n 425 357 279 | 338 356 | 444 444 342 356 444 445 createcreatecreate 257 445 445 445 CROSS 357 | 1 ddaatteess examination 359 days examinc 22 339 9 13 298 13 examinc ] | 234 | 1 Notice 445 :20 noticed 1 noticed | 353 De 199 deadly 1 2 deal 2 255 255 dealing 3 394 405 Crucible cubic 346 dea 2l31t9 cubic current 34: 3 204 death 294 295 290 10 417 418 434 20 correspondence 323 325 338 338 368 369 369 375 375 375 375 376 276 380 382 82:19 390 391 392 392 corresponds 313 cost 203 367 | 444 Cotten's 354 Coten'sCouncil 7 230 231 231 241 | 24117 247 : counsel counsel 6 | 212 222 443 375 356 211 : 211 236 443 count 329 count 337 382 curiculm 429 curriculu[m CurvCS 3 CurvCS 374 374 1 customary customers customers 213 347 customers 1 cutting 2 391 440 441 19 368 374 deaths 2 2 274 274 decades 2 238 431 | 5 December 213 321 342 219 212 426 | ] deciding decisions 1 : 217 364 219 282 316 328 338 345 353 212 282 330 346 444 444 445 445 299 398 399 400 || 400 403 : degrees degrees 437 Delawre 384 437 Delaware 262 217 | 220 282 delay 282 delete delete demands 287 365 demonstratc demonstratc 1 density densitydensit1y departmen9t 214 department 225 | 249 218 248 283 |dep2o 354 279 213 225 248 355 deposed = 361 depositi9on9 199 199 201 201 201 202 204 211 230 233 200 405 42: 7 382 | 233 234 | 234 | 236 | 238 248 233 234 234 238 241 256 233 234 234 238 248 257 411 | 262 | : 291 296 19 278 281 264 280 281 282 2 28800 281 282 437 285 285 285 273 : | 287 298 287 298 288 351 415 351 | 352 355 352 353 355 352 354 355 304 | 355 | 421 356 357 356 357 359 356 357 359 405 | 360 366 257 365 366 366 : Index Page 6 Evans Reporting Service Adams v DeNemours 370 371 379 390 394 409 440 444 370 9 371 389 393 394 420 442 445 370 374 390 393 396 431 442 depositions 5 236 236 365 367 378 derive[d describ3e 346 418 398 262 describe6d 288 = 295 440 441 212 438 describe1s describing 5 212 221 315 240 212 221 description 4 220 373 444 445 descriptions 1 387 designate5d 370 370 371 380 400 desire 1 324 despite 1 detail 5 215 243 322 280 204 251 leterioration 1 320 determination 1 409 determine 4 358 406 238 407 212 246 315 395 216 = 216 307 307 357 394 405 409 differentiate 1 270 differentl1y 435 difficult = 366 438 439 difficult1y '331 Digest 3 244 248 249 diplomas 1 direct 6 355 413 418 434 384 276 418 directed 2 263 213 directly 1 director 11 230 230 255 273 311 315 391 229 254 274 319 343 directors 1 231 disability 1 240 disadvantag[e 361 disagree 2 359 296 discipline disclosed 3 298 396 407 236 disclosin[g 380 discontinued 1 345 discouraging 2 426 426 develo3p 290 297 441 developed s 269 411 442 260 442 developing 7 293 384 392 396 269 386 433 development 14 205 214 217 228 229 229 229 229 230 257 298 300 413 417 developments 1 227 develops devices 1 devise 1 devote 1 431 277 373 405 diagnose1d diagnosis ] Hiagnostic 1 Jied 3 269 273 difference ] differen1t3 303 368 368 273 405 212 discovered 1 discover16y1 236 236 370 376 253 203 311 discus5s 243 = 264 437 236 433 discussed 26 230 241 248 261 263 263 284 305 318 321 348 361 396 398 399 416 437 214 246 263 277 308 332 361 398 417 discusses 1 215 discussing 51 237 241 264 214 244 discussion 1 235 250 266 307 326 335 410 217 250 322 350 discussions [ 307 disease 31 240 243 229 248 Multi 254 258 263 263 268 269 275 287 290 290 293 304 307 309 316 317 0 317 391 399 382 401 413 413 431 433 437 438 discasc2s3 245 246 255 269 288 292 304 1 304 308 308 314 315 316 317 430 245 250 269 297 306 313 316 318 displayed 2 212 209 dispos1e disput2e 413 341 380 distinction 3 378 379 370 distinctions 1 358 distributed 3 386 395 395 District 4 199 199 1991 199 division 10 221 280 331 0 226 = 280 331 214 259 330 331 doctor 11291 205 206 208 209 211 211 219 222 223 223 224 = 227 228 229 230 231 232 233 238 238 241 241 244 247 = 245 247 249 250 251 252 255 259 260 262 = 260 262 265 265 267 272 273 275 278 280 285 285 286 287 287 288 289 290 291 = 291 291 292 295 295 295 296 300 301 302 304 306 306 307 308 311 312 313 316 204 207 209 216 222 223 227 230 232 238 240 243 246 248 250 254 259 261 264 267 272 277 282 286 287 288 290 291 293 295 297 301 305 306 309 313 317 321 325 334 341 342 348 389 322 326 335 342 347 350 392 323 327 341 342 348 360 doctoratc 3 400 = 403 doctors 1 document 78 212 9 212 213 214 214 215 215 216 219 222 227 241 245 259 275 275 277 280 286 = 287 299 300 300 300 313 316 321 322 322 322 323 324 325 325 326 328 329 331 334 334 337 = 338 339 339 345 346 356 356 357 359 409 423 399 262 209 212 214 215 216 225 242 261 275 280 298 300 308 319 322 323 324 326 329 331 335 338 343 346 356 362 documentation 17 206 228 228 269 276 308 313 321 325 327 327 327 330 331 332 337 = 349 documented 2 270 364 documents 135 202 203 204 206 208 209 209 210 209 210 210 210 210 211 211 211 221 217 9 217 222 222 222 223 223 223 224 224 225 226 226 226 226 227 229 229 236 236 301 312 312 314 319 332 335 340 347 351 355 355 355 356 356 357 358 358 359 359 360 360 361 361 361 361.9 361 362 362 362 363 363 364 364 364 365 368 369 depositions - Dr 369 371 372 373 373 374 375 376 376 377 377 377 378 378 379 379 379 379 380 380 380 381 381 381 381-18 383 384 386 387.13 387 388 388 389 391 392 392 393 394 406 407 407 407 14 407 408 408 409 409 417 417 417 417 420 431 432 432 433 436 440 = 440 445 doesn't 331 337 278 360 374 433 = 374 438 419 Dol1l 253 dolla1r Don 338 donc 13 203 266 280 338 368 373 387 407 426 202 266 341 378 442 doubt 2 403 366 down 5 320 377 426 205 390 downstairs 1 doze4n 393 393 234 361 393 dozens 2 292 289 Dr 148 203 213 219 229 233 236 238 240 246 249 250 253 254 255 255 256 257 258 261 262 263 264 267 267 268 269 270 271 201 203 216 220 232 236 237 239 242 246 250 251 254 254 255 256 256 258 259 262 262 263 267 267 268 268 269 10 270 273 202 206 218 221 232 236 237 240 245 248 250 251 254 255 255 256 256 259 262 263 264 267 267 268 269 270 270 274 Evans Reporting Service Index Page 7 drafts - excuse 274 277 284 284 285 88 -91 303 304 309 312 319 275 277 277 284 287 288 291 303 307 310 318 338 275 277 285 285 287 290 299 304 309 310 318 351 | 271 | 272 272 274 276 : 280 | 286 || 287 289 || 290 | 292 295 271 272 273 274 277 282 286 288 290 291 294 296 Multi 271 E.E 444 444 272 [ 445 445 273 275 280 286 287 289 290 292 295 297 E.I E.I 199 | earlies3t1 : : 259 289 early 229 | 250 || 305 easier 416 230 274 414 426 easier 200 229 227 232 302 415 394 Adams v Nemours | 374 443 403 436 essential 240 240 244 employees 270 273 290 31: 8 213 290 325 425 employers 317 employers employers ] employment 297 enactment 317 1 essentially Esso 3 259 259 259 established establishe2d 294 228 259 268 establishing 343 ] establishment 260 et 6 199 199 427 429 432 436 429 430 432 436 429 432 436 436 439 439 437 445 445 445 drafts 1 dragging dragging draw [ 438 Dreessen 1 364 350 304 Dresser drew 1 405 Drinker Drinke2r 305 Drinker'1s driven [ Drs 1 261 328 304 305 279 duces 1 3 366 5 5 Au1c 277 ly1 443 dump 1 DUP 1 281 dupont 194 13 200 203 221 199 203 204 205 205 207 207 207 207 209 13 211 207 209 : 211 208 209 : 212 212 212 213 214 215 216 217 217 217 217 217 217 218 221 223 223 223 223 223 224 224 224 225 225 226 226 227 229 226 229 230 226 229 230 231 232 232 233 236 239 239 243 243 245 249 251 255 256 257 248 249 251 255 257 257 248 251 251 255 257 258 58:11 262 263 265 267 265 267 270 270 263 265 267 267 271 | 355 | 358 | 363 | 412 417 418 355 361 409 412 413: 418 | : 419 420 41: 9 420 : 420 421 421 421 | 422 | 423 424 423 423 425 425 426 426 431 432 432 | 434 435 duPont's 445 duPont'1s7 duPont's 204 227 209 230 242 245 251 264 | 434 during 221 | 264 | 292 361 | 401 | 418 19 263 267 355 397 402 431 dust 243 221 243 247 | 260 278 260 262 279 | 297 305 325 325 304 305 326 329 || 415 334 433 dustiness | dusts 314 dusty 5 414 415 duties 415 duties 1 dut3y | 225 dye 1 dye 201 215 232 200 213 214 214 215 21: 8 216 21: 8 356 363 411 412 41: 3 418 41: 9 420 : 421 421 423 424 425 426 431 432 436 204 227 231 245 264 : 217 264 289 360 400 403 442 241 247 260 270 280 304 306 329 335 260 382 415 257 218 201 213 215 216 327 5 East East 379 Eckard2t cdifcation 259 cdification cdification edition 247 250 | 299: 35: 6 419 || 420: 419 420 : editions editions 2 editions editorial 12 editorial editorial | 249 education education 399 400 | 400 effect 8 319 325 | 343 343 efective 438 eeffffeceticvetiv2e 336 259 274 204 250 372 : 419 420 : 204 : 249 : 398 400 277 343 425 : 268 efort| 4 effects 405 405 effort 1 ef ortseffort4s eforts 289 317 eigehitght 1 252 eight cighth cighth 1 | eithe4r 380 396 : 256 429 323 285 346 214 5 323 337 428 elaborate 256 elapse1d 431 1 elastomeric 220 elastomer4s 219 220 222 22: 3 element 1 Eleven ] eliminat2e climnated 339 climinated 425 253 338 341 ] eliminating 338 elimination 2 277 Elm 347 Elm1 200 employ 4 274 412 221 413 employed 262 264 employce 267 275 emplemplooyce yce 5 261 267 217 1 encloses enclosure 1 328 260 ] encourage 368 encouragement 1 402 encouragemnt encyclopedia encyclopedia : eennd d 8 : 218 282855 29: 7 310 36: 7 cndangering 383 410 441 cndangering 1 213 end1s 347 2 engaged engaged engaging 230 engaging 6 207 6 engineering 217 286 286 306 400 English 400 English 428 253 ensure 2 entire 343 entire 1 entiret1y entitled | 356 369 356 373 entries entries [ entry entry 229 : 231 238 307 307 260 236 383 298 356 418 312 230 306 enumeration } | 420 | environmental 5 environmetal 232 251 252 400 401 environments 1 environments | 260 4 EPA 403 403 [ 404 427 cpidemiology [ equipment 401 equipment ergoergoergo 1 435 335 ] CITOT 335 especially especially espoused 418 442 1 espoused ESQUIR6 E 200 200 260 417 10 406 200 200 200 200 : evaluate 401 evaluate EvansEvans 201 293 199 event 2 417 301 events ] eevveennttuuaalliittyy 1 everybod1y 25 evidence 208 209 223 226 245 254 | 271 290 288 290 290 290 | 292 292 evidently 294 308 evidentl2 y 229 313 347 : 235 208 210 227 266 289 290 291 294 417 220 EwinEwging exactlyexactlyexactly 6] 200 21: 0 319 436 examination 16 examination examination examination 202 210 247 261 | 359 359 || 376 379 : | 424 434 examined 444 examined 355 362 418 : 443 20: 1 303: : example 20 208 217 263 274 | 301 316 302 334 394 407 416 425 437 202 223 292 315 340 408 425 exceed exceede2 d 333 ] excellent except exception 4 356 361 ] excerpts excess 6 332 333 | 336 336 excluding excuse excuse 10 228 232 323 329 412 324 211 394 256 328 336 420 22: 2 280 Index Page 8 Evans Reporting Service Adams v DcNcmours 290 335 312 340 314 410 exercise 1 cxhaust 2 277 373 260 exhaustiv1 e 393 exhibit 33 204 204 206 206 207 211 220 220 227 227 228 228 228 239 281 281 298 298 299 300 306 331 334 351 351 355 355 356 356 357 358 358 363 exhibits 6 211 297 444 445 211 357 exis3t 358 402 existed 1 exists 3 253 438 402 424 232 Exkase 2 322 322 cxpansion 31 346 347 323 expect 3 315 358 297 expense 2 425 366 expensive 1 337 experienc2e 332 368 experimental 2 255 255 expert 8 236 369 370 371 411 234 370 384 expertise 5 230 317 413 203 400 experts 4 250 363 Expires 1 explain 2 395 238 368 443 209 explicitly 2 317 208 explore 1 exposed 30 247 260 270 270 288 289 292 329 413 416 416 424 427 430 433 435 435 436 438 438 377 221 268 274 292 349 416 424 433 435 438 exposuTC 42 253 258 265 269 242 263 269 272 276 286 309 343 343 424 431 434 438 439 441 272 278 286 329 343 413 430 432 435 439 440 441 274 280 290 343 | 343 416 431 434 437 439 440 exposures 23 262 263 270 = 270 271 272 275 290 294 295 296 328 333 333 434 213 270 271 272 291 296 332 414 expressed 2 430 408 expresscs 1 extension 1 329 404 extensiv1e extent 11 237 = 237 295 328 364 365 240 236 264 356 392 393 extra 2 205 216 extraneou1s 233 extraordinary 1 221 extrem1e extremely 1 Cyc 278 cycs 1 405 F3 F3 444 338 277 382 278 346 hm fabrication 1 Fabricato2r 305 327 213 304 fabric5s 214 218 225 213 225 fac 271 fac1 e 320 facet 1 401 facilitic1s facilit1y2 272 272 288 426 344 431 431 435 275 271 272 400 431 facin[g fact 23 202 228 232 253 273 280 293 333 408 433 283 312 358 409 433 factories 41 203 208 240 274 290 329 405 431 437 414 Multi 415 415 416 factory 11} facts 20 208 209 227 228 238 245 289 291 292 292 406 406 432 243 208 226 236 288 291 360 408 factual 3 364 388 fails 2 285 failure 4 333 349 228 292 291 350 fair 6 285 412 215 356 251 358 fairly 131 408 441 221 fall 439 falls 1 366 falsified ry familiar 4 318 318 409 207 410 familiarity 3 401 401 famous 1 far [ 398 434 227 401 434 fashion 2 376 father 1 faul1t1 233 features 1 February 4 309 316 federal 1 fccding 1 fee1t 350 felt 151 253 334 380 few 9 297 350 413 206 298 378 204 232 262 412 228 288 243 308 443 324 379 274 425 210 305 413 fibe9r 212 218 218 221 340 444 fiberized 1 fibers 5 214 329 343 214 220 341 243 214 330 fiel3d 302 405 412 figfingn 319 figure ] figures 2 319 filc 6 236 376 211 355 filed 5 217 221 282 271 225 234 3561 217 289 Evans Reporting Service file9s 204 236 281 378 382 392 209 375 382 fil4le 21r4 323 324 221 film 217 fil 2 m 21s6 filte1r 279 filter 9} fina1l 301. finall2y 347 222 221 280 findabl1e findin4g 421 441 393 320 442 finding2s 245 240 fin4 c 205 237 383.15 210 finis5h 367 367 437 367 368 finished 1 finishers }1] finishes 4 214 218 266 225 213 225 Finishing 1 firearms 1 firm1s first 55 202 207 212 229 236 254 279 230 245 264 284 291 298 305 309 291 301 305 317 321 327 334 325 328 344 351 393 404 357-16 394 404 406 407-1 415 433 421 443 225 217 231 207 217 232 251 267 289 298 303 307 318 326 330 351 389 402 406 413 422 Fisch fist 311 fit = 423 fit1t4e4r1 fitter1s fiv4 e 235 404 426 327 270 325 Flemin1g floo3r 200 359 261 329 floor1s focuse2d 407 203-1 402.7 fol 1425 k 14s 25 follo1w follow 2 440 205 436 exercise - frame followe1d followin1g31 291 362 423 216 follows 21 221 201 foot1 322 footnotes 1 418 Ford y1y 277 Ford's 1 277 foregoing fi] 385 foreign 1 427 foreseeability || 410 forewarnin11g1 299 forgery 1 forgetting 1 forgotten = form 208 209 223 223 224 226 228 229 249 252 259 259 266 266 272 273 280 285 286 287 296 296 301 302 306 312 = 307 317 321 323 325 330 349 350 409 425 237 208 222 223 227 244 257 265 271 276 286 295 301 302 310 321 324 348 formal 2 400 222 formally 1 formed 1 former 2 391 372 305 382 forms 1 290 formulas 1 348 formulating 4 211 238 293 293 Fortty 200 forth 31 322 384 359 forward found 8 306 320 329 340 341 267 303 324 340 Foundation 13 244 244 249 305-2 305 305 312 312 314 314 315 315 316 four 390 400 279 400 Fourth 6 356 372 419 = 419 frame 11 332 400 299 419 246 Index Page 9 frames - HW IM Multi Adams v DcNemours 264 268 335 417 265 292 349 Trames 1 ancisco Frederick 268 303 417 289 393 415 : | 362 | 365 | 371 378 392 362 365 375 388 422 giving 5 giving 317 345 363 368 377 390 201 345 Hammond | 344 344 hand hand 211 216 260 261 | 279 325 | 443 336 201 254 278 342 | 219 230 240 | 243 | 266 286 289 300 220 231 242 257 266 288 293 301 227 231 242 264 267 289 298 302 home honestly hopeful hopefhoupelful hopefulyhopefull1 y hopelessl2y Hopkins 350 Hopkins 366 361 274 367 296 399 free 253 343 freely 1 = French frenzy 1 frequent frequentl1y fres[h 279 frightenin2g 285 front 4 241 300 335 full 304 page 3 ft uli l me 404 425 280 428 : 428 379 433 439 285 , 275 30: 5 275 426 glove glove glove : gloves gloves 441 goes goes 218 251 280 283 383 388 433 Gollatz 1 good good 9 202 297 382 411 411 Gordon 412 : Gordon 238 277 278 278 217 252 343 390 200 260 393 41: 1 233 handboo1 k 412 324 324 324 handed 351 | 325 333 335 handing 1 handle handle 1 333 26: 3 handlers = 441 handling 219 219 220 221 230 handwriten 260 handwritten 4 214 318 328 444 348 || 402 417 399 403 418 431 | 434 432 435 | head 283 1 ] headaches 402 417 428 432 431 headquarters 1 health 202 HANES health 28 213 219 219 231 happy 441 231 : 242 24: 2 1 | harassment 392 Harbiso5 n = 298 266 271 306 307 323 | 324 346 343 266 309 324 344 266 319 342 382 |Hopkins 400 400 401 401 402 Hospital 14 Hospital 318 hot 320 4 hours 301 397 298 439 housekeeping 1 Houston 260 Houston ] 380 Hubiak 2 Hueper 445 Hueper 10 | 232 246 | 254 263 255 264 215 232 : 252 262 429 | 430 Hueper's 245 full1y 341 Fulton 4 330 333 Fume 1 function furnace 320 furnaces ture 5 .70 337 372 G 338 201 339 339 gain 433 games [ Garber 1 Gardner 304 gather 1 gears 1 297 government 4 254 329 governmet 342 424 424 336 247 276 320 governmenta4l governmental 382 382 391 423 grade 1 gradual 1 330 413 320 213 | grams GRC 219 337 372 309 339 great 339 grea6t 244 great 255 | 413 303 greater ) 252 307 397 greatest 1 243 438 GREG 1 200 338 Griffi]n 200 304 grossly 4 333 350 292 350 406 ground 1 grounds 4 205 299 41 | Harbison 200 200 297 | h|ear 299 300 301 399 402 405 400 405 425 | 301 308 | 311 | 320 302 308 311 320 302 309 318 321 hear 353 heard 1 hearth hearths 320 322 322 | 326 336 | 336 | 347 348 323 328 338 : 347 349 325 328 33: 8 348 hearth1s heating ] hea 2t 32s0 heav3y 218 225 heavy 1 heck 425 Harbison held 241 7 313 306 311 : 314 332 270 309 309 313 | 346 349 hel1p21 203 hard 379 399 helped | 438 HardyHardy 1 250 helper 1 helpful 1 harmharm 410 hereby 1 401 405 429 428 411 320 320 320 321 215 267 309 404 265 403 441 281 443 Hueper's 245 246 251 251 252 254 | 254 429 | 2 human human 255 255 humble = 392 husban1d 288 HW 321 HW HW 328 329 | 332 HW 4 326 327 328 332 325 327 HW 3 329 332 329 HW 3 337 337 | HW = 338 HWHW 335 337 341 HW 346 231 264 313 314 : : generally 1111 244 255 312 312 324 336 432 292 328 434 231 288 313 410 generated 1 gentleme4n 257 303 Georgia Georgia German 254 428 ermany 2 52 374 206 434 316 253 428 244 given 24 267 298 298 298 299 325 222 298 299 325 Index Page 10 groupgroup 6 315 375 : : 394 guess guess 6 gues 326 355 | 437 439 guest 308 412 : 221 376 20: 5 423 309 guidelinesguidelines 3 3 guidelines 272 272 guy 11 363600 guys 1 42 423 3 H 337 20: 0 271 27: 9 337 k 11 half 320 213561 half 320 17 Hamilton - 200 : 250 250 250 Harvard | Haskell Haskell 15 Haskel 213 218 214 219 | 230 231 232 238 258 267 hate 1 237 hazard 15 208 214 21251 221199 241 244 | 271 424 277 438 hazardous 4 270 323 hazards 54 204 204 205 207 216 216 305 212 216 220 232 254 20: 7 215 2222 2 266 414 230 339 202 205 215 219 443 high high 279 416 highlights | highlights 1 1 himself hir 6e 23d2 403 404 293 : 206 254 255 404 436 : historicaly 2 : hihstiosrticorihistorcicaly 375 historically 203 | 301 history 6 history 204 388 388 408 HW 2 319 318 HW HW 1671 HW [2 315 306 321 322 2701 338 HW HW 31 33 161 332 336 3339 HW 339 33: 9 339 HW 1 340 HW 1 343 410 418 HW 2 339 hod 441 Hoffman hold 345 || 429 330 345 415 331 422 340 2 HW 334 HW 322 322 334 322 Evans Reporting Service v DcNemours - Adams 1 1 HW 1 : 323 324 Incidentaly Incidentall1y; 311 28 | hyhgieynegiene 244: incidents 330 incidents 244 : 248 249 301 5 24410 248 305 315 399 244 249 305 315 402 402 404 3 1 42 12 5 412 412 411 2 6 incluidneclude 316 319 incl1ud2ed2833 325 258 includes includes 6 302 204 244 349 : 214 412 hygienist hygienisthygienist 2 hygienist 2 hygienists 417 215 : 412 18 236 30241 308 including 10 236 236 | 303 308 292 231 258 14 316 : 412 hypotheticals hypotheticals 2 291 292 : 317 362 income 2 398 428 398 O A 344 idca 2 idca 354 354 identification 3 204 211 3 incomprehensible incomprehensible inconsistent inconsistent 1 . inconsistent 2 19 identified 223 228 433 437 210 28: 9 i2 de0nt9ify211 337777 : 432 316 I5 HF 199 200 263 ill 2 ( 269 illegal 4 421 421 199 329 430 421 422 : illness illness illness 1 illustrated 1 431 388 ILO 3 24214 242 242 imagine imaginimeediately 227 immediately 1 imminent imminent impeach impeach 331 : 234 implement implement 1 283 iimmpplileises 1 221 2 imp405ortance 302 important 270 important 429 417 imposed imposed imposes impressed 1 impression 1 impressions impressions 425 221 : 405 5 impressions 1 360 improper 8 223 : : 223 409 233 272 234 291 house house 1 230 3 INC 1 199 inch 320 323 32: 2 IncorporatedIncorporated 2 215 13 305 incorporating [ 215 increased incriminated incriminated incriminated incurring incurring 319 319 1 incurrin1 g 213 in1 d 232 independent 3 406 407 40911 indiependnentldy ependently } } 408 3 indexindex 444 445 41914 Indiana | 344 344 345 345 344 IndianapoInldiiasnapolis indicate 340 indicate indicate 3618 226 243 245 226 227 227 251 22551 1 268 273 280 : 252 2712 274 280 | 28: 7 338 | 346 indicated 308 331 340 432 432 indi1c6ate2d15 246 251 262 25: 7 : 257 27130 282 312 332 343 346 207 : 218 256 268 269 270 270 | 270 30: 9 271 312 312 276 307 321 388 0 333 419 355 iindnicadtesicates 219 230 230 238 incident 1 ] 330 330 263 272 28: 2 Reporting EvaEvnanssEvans Reporting Service IM MulMutlitPiage 284: 344 314 355 328 indicatingindicating 11 indcating 219 271 273 290 322 342 212 272 312 : indication 423 indication 19 | 331 11 1 340 : 243 329 indications indications individual | 338 : 27: 4 individuals 6 269 330033 : 432 433 indoors 1 industrial 54 207 208 213 215 214 218 230 231 231 233 231 238 239 240 : 244 248 248 249 250 259 259 225 248 329 277 213 433 1 15 5 261 308 279 17 207 215 219 231 232 239 243 244 249 255 305 | 315 315 17 412 412 413 : 314 315 411 412 412 413 315 411 412 41125 412 415 417 43220 1 industirinaldlyustria2l2l1y Industries 328 221 indus3 tr0 y 13 2 303 3189 382 391 388 411 16 416 inform | informationinformation | 204 206 206 228 || 2495 256 267 | | 274 274 274 : 292 | 292 | 314 311 316 289 206 2454 259 274 275 292 295 31: 6 319 330 327 : 342 42: 8 : informs informs informs ] ingredien1t inhale)d initial initial 416 initiatin1g 435 injured injuriesin4ju3 ri4 es 435 131 injuries 328: 347 248 221 399 229 229 34169 432 28: 9 HW 94 - JAMA | 289 injury 436 5 338 interpose 338 338 injury 212313 interpose 1 357 357 291 296 294.10 296 295 434 interpretation interpretation 3 374 437 437 441 | inquiries 1 iniqnuiqruyiry inquiry insert 2 308 insidious insidious insist insofar inspections 1 inspections inspection1s 440 325 13 274 225858 376 347 221 78 339 iintnertpreetedrprete]d 395 interrogatorics 223 | 223 303088 311 9 10 236 347 | interval 347 407 15 445 253 interviewed 1 investigate interviewed 256 investigate investigate 1 investigating investigating 337 investigating investigating investigating 1 investigation investigation Inspector institute institute 4 342 343 institute1d institution 1 416: 232 384 280 384 investigation 7 273 investigation 274 274 320 3 33 300 : | 330 investigations ( instrument 373 373 instruments instruments 373 insufficicnt 1 insufficicnt 2 228 257 invited 11 iinvnitviingtin]g involve 406 339 414 291 insul: ate 2 208.8 iinnvvolovledved : 226 226 202 insulatin1g31 insulation 276 276 insulation | 247 | 269 248 269 276 272766.8.8 275 275 203 270 227799 282080 283 = 319 226 256 325 381 227 258 367 397 255 315 370 405 415 439 involinvvoelvmemeennt t involvement 9 231 263 276 408 | 421 422 416 4211 5 423 421 17 421 423 313 338 31: 4 404 314 314 404 | 424 424 424 425 424 426 | 6 involving 255 270 413 217 346 439 insulator insulator 2 441 438 288 IOSIHOASHA Ira 344 344 Ira 199 201 444 344 199 199 445 insulators 12 270 275 270 275 19 13 279 414 417 438 | 4 insurance insurance 242 intended intensitics 1 intent 2 354 intention 269 3 272766--1155 416 isolated {1 279 304 issue issue 14 : 264 304 394 415 415 241.13 241.13 353 416-7 4136-574 357 issucs issued 1 issucs Italy Italy 304 2 212 items items 4 362 406 285 293 341 206 407 interacting 344 344 intercompany intercompainy ntercompan]y 326 itself 240 277 itself 12 240 319 401 Ivan 1 313 interest interest 232 314 4 interested 315 399 intermediates 231 232 232 342 312 443 J 299-14 267 267 444 299-14 445 J.A445 444 445 444 445 J.B 445 | intermittentintermittent internal internal 408 420 interoffice interoffice interoffic1e3 336 336 208 325 J.Fpl 441 4 5 445.7 JAMA 3 JAMA249 249.5 249.5 44148 2 24 48 8 | Index Page 11 James - litigation James 4 214 216 Janie Janie 199 212 444 362 362 anuary 12 01 220 300 337 352 410 444 445 199 282 340 442 : JEFFERSON 1 199 job job jobs1 John7 299 318 441 : 214 311 439 216 319 329 445 Johns 400 400 402 408 399 401 Manville 2 334 408 Johnson Johnson = 337 joi3 n 292 440 joining 1 jo2u4 rn8 al 224499 302 302 241 293 274 219 249 386 395 journals journals 386 384 395 244 392 44:14 444 444 445 445 445 judicial 199 366 4 July 330 336 346 199 330 June 6 215 218 299 218 313 jun1k 377 jury 14 202 209 210 231 257 288 289 303 311 206 212 262 294 347 34716 Keuper Keuper 264 280 282 | 284 433 | 435 440 24 265 266 283 290 434 436 440 264 265 281 19 283 432 435 437 Kcuper's 4 266 267 280 433 kikillll(3) 41: 3 killed 3 434 435 kind kind 8 374 431 434 kinds kinds 315 : Kinston Kinston Kinston 272 272 277 | 288 432 431 432 390 436 284 271 15 272 277 431 Kirkle1y knew 16 knew 291 294 | 354 354 | 429 429 432 433 435 435 435: 200 274 296 417 429 434 43: 9 knocks 383 knowing = 431 knowledge 70 202 203 203 203 knowledg 205 207 227 15 | 228 230 229 231 229 240 | 264 265 | 267 288 264 265 286 293 264 266 288 293 295 296 298 300 301 306 379 389 408 409 || 413 | 418 419 409 417 418 429 410 418 419 429 42191 443 311 44331 1 Multi Lab 213 214 Lab 216 labelling 220 255 labelling 1 '348 labels : 348 350 334 408 | 40: 8 40: 8 40: 8 labor 333 342 laboratories 4 212 230 258 267 laborator2y0 212 212 217 218 219 220: 219 219 220 222 : : 231 231 232 | 232 232 255 . 255 238 256 320 14 laboring 397 Labs 2 232 254 ] ladies 257 303 lagging lagging 1 Lake [ 309 laminat2e laminate 226 language language 408 428 languages 4 languages 428 : : 206 311 217 334 428 244 428 : Lanza Lanza Lanza's 304 307 242 303 Larry 200: Larry 351 last 25 last 256 | 295 | 322 351 | 356 375 390 212 294 295 333 354 358 379 221 295 301 345 356 358 38: 2 lastl2y 347 |late 4 | 403 270 403 | latter 228 : law 5 199 290 289 200 leade2r | 429 leaders 1 leading 2 | 304 leafing ] 7 leak 215 leak 221 222 225 225 learn 231 l4 ea1 rn8ed 2 learning 3 : 384 413 least 201 311 348 | 349 381 413 416 | 424 434 425 439 43: 9 lcave 378 led 317 Lee 1 200 lccry 4 421 left 421 422 left 1 332277 lega1l1 221 11 lega 317 369 420 432 Leg e 445 Legge legislation 12 | length length lengthy 2 lengthy LeroyLero]y 421 421 | 423 lessen 1 Lester 9 368 430 431 432 434 442 Adams v DcNemours 412 424 295 351 218 224 401 306 LEWIS liability liability librarics 288 librarics lilibrbaryrary 7 library 207 233 license 238 360 | license 1 licenses 1 life 242 : 397 lifetime 1 366 liligght ht 116 6 201 265 266 272 = 273 290 383 423 426 439 | 294 295 | 345 358 : likely likely likely limit 3 337 limit 10 275 332 336 336 336 336 200 213 393 : 207 233 420 369 384 378 405 119 999 266 286 306 435 246 214 336 336 387 421 limitatio1 n limited 4 397 402 276 221 402 : 213 317 418 435 limiting limitilimitinng glimiting limits limits 10 4 : | 333 332 | 336 343 Limpet 1 239 307 line1 325 | lin 1e20d6 lines 285 5 246 link 252 252 254 290 linking 1 304 422 : liquid 1 list list 124 212 | 309 357 339 363 366 366 288 292 431 434 | 367 371 | 375 385 368 371 383 386 412 44 2424 328 : 336 343 279 438 252 265 430 212 308 357 365 367 371 371 383 390 Karrh Karrh 285 285 Kaylo 1 285 287 287 258: 432 433 | 434 435 436 433 433 434 436 439 Keene 2 423 423 know7n1 286 286 5 keep 274 368 381 365 396 ] 410 410 knows kceping 376 keeps ] Ken 2 440 312 440 Kennawa2y 253 53 Knox 353 432 Knox Koch 11200 Kurth L 199 Kenneth 2 264 338 265 L ge kep2t 280 377 L.B 444 433 433 434 436 440 227 403 413 : : Lawrence laws 247 laws 2 315 lawsuit 5 lawsuit 369 370 | 430 lawsuits 391 200 200 212 : 239 lawyer 8 376 376 378 379 lawyers lawyelrs awyers 378 380 : : 380 409 lea1d 434 : 247 315 364 383 382 313 377 380 378 380 : letter 23 leter 258 328 315 328 337 337 352 353 | 444 444 444 445 | 445 445 445 letterhead 2 letters letter5s : 380 7 level 202 269 290 : 34: 3 344 levels 1 214 316 329 352 444 444 445 445 liste7d listed 223 278 listing 316 316 listing 3 278 363 lists 316 | literally litelirtearallllyy literature 213 362 203 343 329 literatu1r7e | 372 384 385 386 litigation392 392 | 439 438 litigation 19 374 375 375 375 | 377 381 222 299 376 228 289 246 384 386 405 438 311 375 376 382 Index Page 12 Evans Reporting Service amma Adams v DcNemours 390 404 390 404 397 406 maintain 372 233 409 410 410 litigation 1 398 liv2 e 371 390 maintained 3 207 238 = 239 maintenancC [ 373 lives 1 405 livin1g Livingston 4 201 443 269 199 443 major 3 267 317 majorit2y 206 231 206 locate]d location 3 284 426 locations 1 400 212 279 makes 18 213 213 219 220 237 237 259 260 207 217 229 253 263 locomotive 1 305 logo 1 287 log1s 373 longes1t lo 15o2k 04 209 215 365 205 237 277 329 318 334 Maladics 4 239 239 malcs 1 man 2 234 318 238 240 253 247 262 366 408 441 355 393 440 366 394 441 man's 1 215 management 4 257 257 283 333 looked 4 354 354 357 407 Manhattan 3 202 301 202 looking 8 254 275 320 322 398 looks 5 283 328 359 loose 232 210 280 396 215 340 manifest 1 manner 2 405 253 210 manufacture 14 207 208 215 226 226 226 226 227 272 272 272 311 Los 405 349 416 lot1 s 425 lucrative 1 Luken1s luncheo]n lung 34 229 240 244 251 252 252 252 252 252 253 253 254 260 = 254 262 268 269 341 346 300 240 246 252 252 253 254 258 265 286 manufactured 9 220 223 223 224 224 224 224 225 225 manufacturer 4 207 207 208 211 manufacturers 2 408 418 manufacturing 7 209 341 = 348 414 415 416 418 286 314 430 310 399 430 310 401 manuscript 1 242 J manuscripts ] 372 lung5s 304 305 306 304 305- Lynch 3 260 260 260 M.D.S [ 262 MacMurray 7 217 217 217 221 223 223 445 Manville 409 March ma3r2k 10 281 342 240 marked 16 204 210 204 210 211 218 281 211 = 239 281 = 218 281 300 magazin7e 304 304 318 386 magazines 1 main 2 200 231 306 395 360 329 351 351 356 market 1 257 markings = 216 Marylan5 d 199 199 201 443 Maine 11 316 443 TM Multi mas 403 masks 1 277 Master's 5 400 403 404 398 404 material 20 206 = 206 213 215 219 221 234 247 306 331 339 346 433 204 207 216 227 247 337 416 material's 1 materials 37 221 221 230 231 242 = 257 275 276 279 293 301 302 341 350 384 385 392 393 409 420 426 427 428 432 343 211 230 238 257 276 297 339 369 386 409 420 427 442 matte7r 292 358 387 394 266 358 409 matters 9 253 357 393 395 398 409 237 363 396 maximu1m may 38 205 216 219 225 225 227 229 272 274 275 276 287 292 298 340 363 367 378 382 391 395 399 411 425 435 243 212.17 222 225 253 275 278 292 360 377 385 399 425 437 McConnell 1 304 McIntyre 10 312 = 312 312 313 314 314 309 312 314 314 McIntyrc 4 308 309 309 310 McLaughlin 3 309 309 310 McLaughlin's 1 310 McNeeley 1 mean 38 217 233 336 349 359 360 372 376 385 387 387 388 401 401 403 405 317 210 262 354 365 380 387 399 403 405 litigation - miners 410 410 414 338 342 344 415 421 435 437 415 427 437 meaning 1 means 3 260 372 meant 1 measure 1 measured 1 420 434 437 330 230 441 347 431 memorandums 1 273 memory 2 422 361 memos 2 273 273 mcn 27917 mental 1 mention 3 419 425 331 360 418 measurement 1 260 mentione1d3 204 216 221 247 measures 17 243 248 9 243 260 243 246 276 258 303 401 262 304 419 268 305 433 276 278 280 416 277 279 283 278 280 290 measuring 1 439 mechanisms 2 277 401 medi1a medical 44 230 230 238 239 244 245 247 248 248 249 249 250 259 = 261.2 267 268 371 229 233 243 246 248 249 252 262 273 mentioning 2 285 285 mentions 2 331 257 Meredith 2 205 200200 Merewethe4r 253 302 303 414 Merewether's 1 240 14 mesothelioma 4 263.4 273 273 1 274 mct1 256 metal 3 270-13 288.19 323 274 276 285 307 345 348 359 400 400 417 418 285 307 348 369 401 420 meter 1 343 methodology 141 373 388 388 406 methods 1 373 424 medical | 246 medically 1 medicine 10 219 231 261 261.12 369 413 429 213 233 265 437 mcct 3 210 422 231 mccting 41 308 386 395 395 Metropolitan 1 242 Mexicopt Mexicopt micron 1 317 279 mid (3; 267 Middleton Midland 1 304 346 might 27 262 269 279 297 324 331 337 338 219 271 299 333 353 meeting5s 231 241 263 396 365-16 382 379 383 380 383 412 393 403 408 membe6r 244 302 412 412 411 423 412 431 miles 11 419 400 members 21 412 247 millers 21 415 413 mcmo 4 338 340 278 342 millilite2r 214.3 214 mcmoranda 1 261 memorandum[ 18 212 219 275 277 277 277 284 277 299 325 327 326 328 327 337-17 million 203 MILTENBERGER 3 200 205 440.1 mind 4 281 422 423 292 miners 21 413 Evans Reporting Service Index Page 13 mining - obviously 415 mining 3 313 416 418 minute 2 106 305 inutes 3 298 350 235 mishear] d = 225 misleading 1 434 333 337 343 moving 4 278 284 267 330 MS 1 206 MSA 279 multifarious 2 209 264 Murray 1 229 Murray's 9 240 Multi 318 324 394 394 417 419 420 Newall 1 301 News 6 231 241 247 = 356 ne3x 7 2t 14 216 218 221 222 230 246 215 220 229 Adams v DcNemours 374 382 374 396 380 398 notice 5 298 353 357 _ noticed 1 201 355 352 notwithstanding 1 433 November 15 270 275 277 277 272 272 nylons [ Ow 201 oath 2 422 object 66 208 208 210 210 222 222 223 223 228 = 228 224 426 208 209 222 222 224 228 mispronounce 1 must 5 252 306 229 230 231 277 329 351 229 232 233 429 392 423 433 238 251 254 351 359 361 242 244 249 missed {1} 392 Missouri 330 329 misstate 1 292292 misstatement 1 292 misstates 4 271 432 266 435 misunderstood 1 397 mitigation 1 mix 1 341 mixed 1 230 349 mixers 1 221 models 1 368 modern 4 261 265 261 437 molded 1 molding 2 224 425 = 214 oment 1 331 Monitorin1g 424 monographs 384 385 386 392 395 Montague 2 = 229 240 N 201 name 201 261 305 327 351 215 327 429 named 8 223 241 282 308 419 213 247 338 names 2 433 327 naphthalene ] 232 narrative 1 0 222 narrower 1 395 Nasclow National 20 230 231 = 445 230 231 231 241 232 241 241 241 246 246 247 247 342 343 356 356 356 408 nature 18 358 360 362 362 363 364 364 365 384 386 392 410 232 360 363 364 367 388 month 1 months 2 424 263 233 Montreal = 313 morbidity } 442 Morgan 8 213 214 444 444 212 216 444 445 morning 6 202 236 352 357 202 298 near 400 nearly 1 nccessary 3 248 440 nced 19 222 222 235 243 246 276 282 299 339 339 366 435 needed 1 246 247 205 232 243 278 334 359 435 266 Morrissey 1 mortal 1 mortality 3 415 442 282 427 319 Neeld 1 Neeld's 1 negligent 3 350 350 287 288 348 most 262 263 271 274 398 418 424 424 mostly 1 262 271 389 420 442 244 Nelson 1 Nemours 2 200 nervous 1 Dever 9 271 272 444 199 380 205 292 259 267 306 318 327 338 345 380 264 271 307 324 328 339 355 386 nic2 e 249 NIOSH 1 267 297 307 325 329 343 363 360 342 361 397 361 403 now 21 216 275 297 336 357 381 384 398 398 404 406 410 413 426 389 263 311 366 397 403 407 418 No. 2 199 nobody's noise 329 380 nonasbestos 340 341 none 6 281 = 292 408 432 434 Nucon 3 322 322 number 102 206 207 210 211 212 = 212 213 215 216 216 322 204 210 212 213 215 217 437 218 219 222 nonresponsive 24 208 222 225 229 230 232 233 245 247 252 253 255 263 273 293 295 297 306 308 318 410 425 440 440 nonresponsiveness 1 294 nor 443 223 443 304 443 Norman 1 328 222 227 239 243 245 251 251 255 268 281 297 306 318 325 341 227 228 239 243 245 251 252 256 269 281 300 308 321 331 351 227 228 240 245 251 251 252 259 271 297 300 316 325 340 355 North 10 272 273 277 316 317 329 Norway 1 Notary 2 443 271 277 317 431 304 199 358 363 370 382 383 384 385 387 360 364 373 383 383 384 386 387 362 370 374 383 384 385 386 388 notation 2 307 388 390 390 343 390 391 392 note 9 219 318 218 220 368 219 297 387 395 410 413 396 410 425 410 412 18 444 numbered 2 219 noted 2 239 220 324 numbering 1 334 notes 11 205 206 204 285 numbers 7 240 281 211 281 285 362 364 362 363 362 363 285 413 numerous 6 252 293 438 244 314 252 265 272 286 296 299 302 307 312 317 324 348 376 421 435 253 266 285 296 296 299 302 309 312 321 325 349 410 432 440 254 271 286 296 298 301 306 310 314 321 330 350 421 434 objecting 1 234 objection 86 224 225 210 225 226 226 227 229 = 230 234 235 231 235 236 237 237 242 245 245 246 247 248 255 257 258 259 263 264 266 266 272 273 273 275 276 277 280 286 287 288 292 293 293 293 294 295 295 295 297 298 298 299 303 306 308 310 310 310 314 315 317 318 319 321 322 327 327 328 329 332 332 333 333 336 337 341 341 343 344 345 345 348 349 390 425 437 objections 9 294 295 296 297 299 422 291 295 298 observations 2 364 388 observe 4 224 224 224 225 obsolete 1 276 .otion 1 236 375 377 377 nothing 16 201 377 377 obtain 2 391 Mount 1 move 7 254 305 318 254 329 380 409 new 12 217 270 309 267 317 266 324 364 267 324 365 267 364 365 nylon 9 271 271 271 272 215 271 272 428 obvious 1 obviously 4 342 336 Index Page 14 Evans Reporting Service Adams v DcNemours 387 389 occasion 1 434 202 | 294 299 295 309 297 310 Multi | 330 355 opposed 4 253 p 1 213 occasion - persons pas6t 293 319 320 342-2 298 327 375 : occupation occupation 2 242 255 occupational occupational 36 242 245 245 316 321 | 327 341 353 | 357 319 323 336 346 357 358 321 325 339 353 357 358 | optio1n order 248 359 ordered 393 425 ordere3d 31: 7 217 366 279 p.m 300 326 335 351 410 | 442 300 326 335 351 410 326 326 350-19 351 442 | pas 1t21c2 patphaotlhoolgoigsitst 1 patholog2 y patern 254 pattern 1 3 30 04 4 240 417 250 261 258 265 265 288 290 297 304 308 308 315 317 324 342 344 399 401 401 430 433 ocupationaly occupationally occupationally 436 261 269 293 307 309 318 343 401 401 437 2 OCCUT 7 : 262 262 291 294 256 283 296 occurred 263 295 337 29 0 41 137 October 2 358 off 22 235 249 250 297 326 326 334 335 345 350 410 335 345 367 440 213 315 379 337 235 250 326 334 335 350 410 offe4r 222 234 440 offered 6 212 213 403 403 offering 2 offering 424 office 6 335 335 234 209 236 424 266 337 354 369 officers = Offices 1 official 121 287 435 199 241 often 1 429 oil 259 old 372 256 393 341 320 o3n67c3e one 74 205 34: 1 205 20: 9 218 232 245 250 253 257 273 274 212: 219 237 249 250 256 263 273 281 212 220 244 249 253 257 271 274 281 | 373 379 392 || 399 394 408 | 413 416 month - one page 305 383 399 409 433 437 29195 paragraph onc 249 : oncs 6 269 : 309 349 358 389 389 ons onset 1e 12t 69 14 onto 334 1 oops open 4 320 340 320 322 320 operatin]g operation 373 373 operations operation6s 332 332 | 414 21 415 415 279 333 operators 221 opinion 234 235 245 265 266 268 268 269 288 291 291 291 291 291 294 294 | 295 296 296 | 341 348 349 | 350 411 434 opinions 295 297 297 348 348 349 381 411 436 : 296 : 317 348 349 349 392 412 436 : opinions 37 228 236 236 238 262 291 293 294 301 360 361 361 T 384 387 386 387 392 392 406 409 427 429 228 236 240 293 296 360 361 387 387 396 411 436 | opportuoportunnities ities opportunities 1 opportunity oppo:rtuni2t31y 14 236 20 | 239 264 256 265 264 272 273 323 326 ordordiinarynary 2 | 349 organization : 238 pace page5 337 23167 207 207 247 2113 342 332233 398 3 333 1 1 organizatio12n | 314 375.2 14 375 20 organiztons organizations organizations 3 376 412 412 organized] original original 3 original 377 206 : 249 originally originally 3 255 : 404 428 originals : originals = 376 originated OSHA 26 214 325 342 213 325 | 328 332 329 332 332 332 333 333 336 336 338 338 339 339 33339 9 344: 344 424 427 345 425 345 425 OSHA'S1 1 otherwise otherwise ought ounce 440 ounce 1 338 338 409 234 219 | 251 259 || 281 287 303 321 340 | 35: 5 | 445 252 260 281 299 309 322 352 44444 259-15 267 285 299 316 322 352 444 pages 7 217 246 299 334 418 414 9 2 42 0 0 paint paints 217 paint 216 paint paints paints 222 217 panhandler 426 paper 8 | 242 309 242 309 310 = 312 312 | 383-3 papers5 309.10 304 309.10 || 388 242 242 309 2 paragraph24 24 44 pargraph 249 pardon 299 2 282 2 parentheses 332 344 payable 398 payable ||| 316 | pendin1g 236 pendig Penn [ 1 200 6 Pennsylvania 2 307 pcoplc pcpocopplclc 52 6 231 257 257 263 257 21 262 262 257 276 292 ; 297-3 303 310 3193 .2 235 25 3 33 37 7 | 344 413.4 416 | 442 25 416 405 413 12-417 442340 413 413 417 443 20 5 432 432 443333 433.5 433 433 435 | 43811 43819 438 438 439 441 441 442 |peoppeolpel'es's people's per 219 214 322 433 433 433 438 439 441 444421 12 405 214 343 percent 290 303 269 389 outcome outline 28 227 227 | 24616 250 262 267 ) 284 284 | 301 304 311 312 325 328 340 342 347 444 443 207 243 254 268 287 306 323 338 343 445 part 227 245 252 287 299 | 323 355 | 405 406 418 |part 425 420 440 time Particle = particles 2 | 399 233 253 321 359 414 424 275 444 306 397 || 2 percentage 397 398 398 | percenta [g4e4s2 perform 383-18 394 404 performe4d perhaps 364 364 perhap3s 252 381 279 373 209 outlines 1 outsid3e 2 overboad 317 354 overbroad | 296 364 274 292 overlap 395 overrode overrode overrode 310 Corning Corning 2 own 258 408 own 274 285 own 311 | 355 360 366 426 oxide : oxP2ide : 405 327 m 327 particular 209 220 236.21 242 | 248 256 338 251 325 325 373 400 435 203 231 245 256 309 337 394 particularly 4 263 264 290 314 particulates : particulates 1 399 311 parti: cs 31443 14 2 parts 208 201 party party 201 pass 1 35103 213 282 : passed ] 303 period 6 221 327-11 383 0 405 |pe4r1i7o-d1i9c 4331 247 16 260 periodicaly periodically periodically 1424 periodical periods periods y 416 4 person 434 435 44 35345 35 2 personal 360 261 personally 255 personally personnel 1 personnel persons 11 269 270 227 72 2 268 276 Evans Reporting Service Index Page 15 pertained - publication 289 290 362 Plat2e 304 305 413 416 414 415 pertained ) = 276 played 1 playing 1 Plaza 1 416 438 200 ertaining 151 23 372 374 202 373 pleased 1 pleural 1 378 263 pertinent 3 262 374 246 Pflaumer Ph.D.s 1 = 327 262 Philadelphia 1 200 plumber pncumocniosc 441 pncumoconioscs 3 304 315 315 point 13 298 299 334 344 363 363 236 309 346 376 PHILIP 1 200 409 437 439 IM Multi 411 412 412 precautio1n 221 precautionary 1 348 precautions 1 325 preceded 404 predates 1 277 predicate 2 223 291 Preparakote 3 213 213 224 preparation 1 300 prepare 2 347 366 photographs 1 365 phrased 3 315 435 435 physical 1 360 physician2s 261 368 physics 1 pic3k 202 438 399 322 picture 1 pictures 1 pigeon 1 pip6e 270 418 425 441 240 320 380 274 425 pipes 2 311 208 ttsburg] h lace 14 278 285 294 295 308 313 393 409 443 337 267 291 296 389 410 placed 1 placement 1 places 1 plaintiff 7 362 362 375 384 293 408 217 236 375 390 plaintiff's 5 375 377 380 370 378 plaintiffs 4 199 199 200 = 397 plaintiffs 3 377 380 380 pla1n 217 plant 14 217 273 329 329 329 330 344 432 441 217 0 273 329 333 432 plants 5 271 427 41:11 253 433 lastic 3 213 215 216 plastics 224 220 points 1 policy 1 pollutants 2 405 213 426 405 pollution 3 218 405 405 polyesters 2 215 224 polyimid[e polymers 2 220 217 220 portion 5 308 389 442 230 440 portions 234 236 239 262 234 239 264 position 5 344 347 435 257 = 430 positive 1 posits 1 possessio8n 251 251 277 435 206 259 292 360 372 381 possibilit4y 337 338 343 425 possible 15 219 247 260 270 274 278 328 341 345 345 216 247 274 307 343 possibly = 280 high 1 399 potential 19 214 215 215 216 229 242 252 270 272 271 9 271 272 309 310 324 339 367 371 430 potentiall1y 230 pounds 3 218 225 271 pour 1 382 power 1 practical 2 394 279 243 practice 7 369 380 411 411 prepared 5 364 369 395 298 371 presence 1 present 11 206 214 252 320 336 336 351 207 200 252 320 340 presentations 1 270 presented 11 228 242 303 309 310 396 409 206 242 309 409 presenting 1 309 presumably 2 344 344 pretty 1 388 prevalence 1 303 prevalent 263 prevelanc]e 442 prevent 1 268 preventive 6 243 243 246 276 278 306 previous 6 215 294 387 398 204 317 previous1ly2 201 204 291 295 332 336 356 365 368 376 390 427 primarily = 221 primary 3 232 319 386 primers 2 222 221 printouts 1 385 pro 211 probabilities 2 291 294 probability [ problem 8 310 326 379 383 417 348 281 331 405 problems 5 295 330 427 231 331 Adams v DeNemours procedure 2 234 201 procedures 2 219 373 proceedin1g 380 proceedings 4 308 312 313 443 process 10 223 320 209 341 366 413 367 = 367 416 428 professional 7 386 395 395 396 397 412 429 professionally 1) 382 Professor 305 program 4 346 346 346 347 project 2 301 203 processes 2 413 260 produce 14 355 355 364 380 384 390 393 394 396 235 361 383 390 395 produced 33 207 211 233 236 281 358 361 361 362 362 375 376 377 377 378 384 387 388 394 420 440 440 203 233 239 358 362 365 376 377 385 393 431 produces 1 product 26 213 215 220 224 258 279 320 323 339 340 380 380 243 203 219 256 310 329 341 381 prolonged ] 416 prominent 1 318 prominently 1 231 pronounced 2 264 264 proof 3 228 = 292 proper 3 234 291 222 203 proposed protect 2 283 425 248 protected 2 297 284 protecting 1 protection 13 278 278 278 278 279 279 289 343 380 247 278 278 284 382 protective 6 260 276 277 290 243 276 protocol 2 388 373 384 414 438 386 414 392 438 production 6 236 362 380 413 225 380 products 73 207 207 208 209 212 212 215 215 ' 218 222 223 224 227 231 242 246 248 269 = 257 270 276 277 302 307 311 315 334 334 339 346 348 349 = 348 349 349 349 382 391 408 409 416 416 420 424 431 431 436 439 207 208 211 213 216 222 225 242 248 257 276 283 310 320 338 347 349 349 350 408 416 420 424 433 439 protocols ] prove 3 435 435 373 393 proved 2 429 409 provide 7 207 228 301 349 203 291 355 provided 21 206 231 260 289 294 322 325 325 362 362 368 372 391 432 204 256 291 323 333 368 380 providing provision ] provisions 1 public 10 319 371 399 400 402 405 411 247 316 199 382 401 443 publication 25 232 238 239 242 245 246 250 251 251 251 254 254 259 260 262 263 302 303 Index Page 16 Evans Reporting Service Adams v DcNemours 309 316 396 315 316 315 396 publications 11 231 303 304 304 315 372 372 395 406 406 438 publicit] y published 27 244 251 333 242 255 258 259 259 261 265 302 304 308 311 311 315 371 372 372 372 9 372 372 385 394 395 395 420 428 pulled 1 pulmonar]y pure 1 392 purcly 2 427 279 276 426 purging [ purport 1 purposes 3 262 381 376 222 236 purview } put 210 300 334 367 371 379 383 386 393 409 422 440 225 250 350 375 385 408 435 putting 1 qualified 2 380 334 293 quality 1 433 quantification ] 269 quantify 2 439 271 quantifying ] 439 quantitative 1 438 Quebec 1 313 Quest 2 252 251 questioned 1 256 questioning 1 436 questions 9 237 = 275 296 296 222 283 325 397 441 quickly 1 quietly 1 quite 8 243 263 333 413 413 322 362 243 372 424 quote 3 285 285 247 quoted 1 quotes ] quoting 1 R 201 306 305 328 327 338 radiato4r 219 221 215 222 rais1e 201 raised 7 220 274 391 399 219 299 407 raisin[g ranges 1 rat3 e 254 319 266 383 269 rather 5 255 304 424 2081 341 raw 6 221 433 207 341 217 416 reach 2 306 238 reache1d reachin2g 387 258 305 react 1 320 reacte[d reactio1n read 12 231 251 287 327 361 408 422 428 321 288 236 309 405 428 reader]s readiltyu readin9g 285 405 407 407 409 428 248 377 280 14 406 407 ready [ rea] l 378 reall9y 281 343 405 425 438 439 352 262 387 431 rca 1126s 5 11k 265 4 reason 354 = 358 reasonable 5 292 294 348 283 393 291 348 reasonably 1 reasons 2 426 292 296 receip8t 245 245 251 298 312 242 249 312 receiv1e received 15 248 248 249 249 328 363 369 375 390 391 284 244 249 328 366 382 recen1t recentl1y 9 TECCSS 235 250 | 375 253 235 250 Evans Reporting Service IM Multi 300 326 326 350 351 recipient recite 21 288 327 240 reciting 1 252 recognition 3 229 229 246 recognize 1 recognize7d 208 258 307 317 351 207 288 400 recognizin2g 298 383 recommend s 277 322 322 340 343 recommendation 3 268 270 339 recommendations 1 268 recommended 4 247 260 268 284 recommending 1 280 Tccord 19 207 209 204 228 235 235 235 236 236 237 239 250 250 250 251 252 261 297 297 299 300 305 306 310 313 318 326 326 326 326 334 334 335 335 335 335 350 350 351 353 354 370 387 391 410 410 410 443 recorded 4 301 332 285 443 records 133 387 406 368 recovered 1 reduce 21 280 320 278 reduction reduction2s 283 343 283 redundan1t refer 278 359 414 386 344 420 reference 57 213 217 219 220 233 237 243 243 248 253 259 259 263 264 271 275 284 287 287 303 304 305 207 218 229 242 247 254 260 267 277 287 303 308 310 313 318 329 337 347 386 418 310 318 325 330 340 383 406 420 311 318 329 331 341 384 418 referenced 16 242 250 299 318 324 328 345 385 385 389 219 298 319 329 385 394 references 16 244 253 284 298 309 314 316 319 419 419 236 268.2 306 314 374 419 referencing 1 referred 11 359 359 386 389 393 415 429 252 359 360 393 417.14 referring 13 229 = 285 319 321 330 337 387 407 210 305 330 359 414 refers 3 312 410 254 reflect 5 364 387 392 362 388 reflected 131 384 433 229 reflects 2 439 317 refor1m 290 Refractorics 11 200 200 305 320 328 330.13 331 331 331 331 338 refractory 1 refres1h refusin2g 367 302 422 367 regar6d 284 341 383 429 212 348 regarde1d regarding 17 303 345 362 364 364 364 368 382 391 413 429 412 15 273 360 364 365 388 417 registered 11 rcgular 10 221 314 436 436 439 440 253 212 436 437 441 regularly 2 438 438.1 regulation 9 324 publications - reply 338 339 382 382 391 423-8 424 427 regulations 10 271 272 272 333 333 333 344 424 425 425 regulators 344 reincorporate 1 295 reinforced 2 216 2135 Reinhard4 t 216 444 445 445 reiterate 21 294 231 relate 5 364 = 382 388 related 171 272 272 391 395 297 382 271 382 443 relates 4 382 383 236 383 relating 41 363 382 236 391 relation 1 253 relationship 131254 131254 263 413 released 1 284 relevant 11 205 228 204 | 300 relied 7 311 368 384 386 388 = 392 429 rclics 1 298.17 rel4 y 233 383 427 234 relying 1 remain 11 396 314 remainder 360 remainin2 g 346 347 remember 377 398 408 237 399 Remington 2 217 226 removal 21 203 203 removing rendered 3 361 361 276 361 renovation [ repairmen 2 219 203-2 215 repeatedly 1 379 repctitiou4s 225 228 231 242-4 repetitive 2 224 221 rephrase 9 280 288 312 321 421 432 272 294 407 reply 274 345 Index Page 17 report - scalant 345 report 21 253 253 260 269 268 270 87:17 305 321 303 305 328 240 258 269 287 303 305 329 resolving 1 resort 1 respect 48 203 203 222 231 252 259 265 268 278 287 317 333 203 222 236 262 276 296 Multi 360 440 392 436 reviewed 18 236 236 272 276 290 293 294 328 357 384 211 271 286 293 349 386 out 1 risk 16 248 264 269 269 270 276 293 310 343 433 438 risks 3 366 Adams v DeNemours 270 261 269 270 309 416 Saranac 4 255 256 save 1 425 saw 8 257 354 256 279 363 255 309 257 279 426 417 sawing 3 276 = 278 212 330 416 296 301 306 392 419 427 saws 1 277 reported 12 213 245 257 257 413 414 414 414 199 253 329 414 reporte4r 235 353 201 355 Reportin2g 201 199 reports 19 244 252 257 259 260 305 364 384 385 386 395 414 244 252 260 359 385 392 428 representation 2 361 419 represented 4 231 282 309 380 representing 3 351 379 380 represents 4 375 375 390 417 reputation 4 411 111 411 21 412 quest 272 312 331 370 371 373 390 21 275 319 357 370 372 375 395 271 287 330 366 370 372 383 requested 3 316 375 376 requesting 1 request]s requir1e require5d 279 332 275 236 221 279 356 423 requirements 2 366 425 research 22 232 232 256 259 311 312 214 255 265 312 312 338 363 320 343 364 338 346 368 reviewing 6 225 245 297 327 219 278 373 396 404 424 429 433 379 404 412 - 426 431 434 387 404 419 428 431 435 reviews 1 Rex 1 380 Richard 2 445 ridiculous 1 322 215 235 439 440 respects ] respirator 2 279 204 221 respirators 11 247 260 268 279 332 332 333 333 333 333 333 right 162 205 207 210 211 216 218 220 223 227 228 229 230 235 236 239 241 = 239 241 201 207 211 218 225 228 234 239 239 243 respiratory 6 278 278 278 279 245 249 248 249 249 251 279 399 253 254 254 responding 2 282 345 responds [ response 15 266 267 277 278 293 322 331 412 331 441 385 266 267 278 325 367 responses 2 311 308 257 260 264 271 275 278 283 284 297 300 307 308 258 261 267 273 277 282 284 285 297 301 307 313 259 262 268 273 277 283 284 287 300 306 308 316 responsible 1 257 responsive 5 364 365 371 373 385 rest 1 378 restate 7 237 266 310 421 237 266 428 319 320 323 325 334 339 341 345 347 319 321 324 329 336 340 343 345 350 320 321 324 331 338 340 344 347 353 restricted 1 result 5 271 289 44:19 Resulting 1 347 267 295 205 353 357 358 363 364 365 356 357 359 363 364 366 356 357 359 364 365 368 results 5 257 258 385 257 306 368 369 372 368 369 373 369 371 374 riveter 1 Road 1 199 Robert 2 259 441 239 Robertson 3 331 332 299 rol1 e 416 rollboard 3 323 323 322 roof 3 209 322 212 roofer 1 roofers 1 roofing 1 roofs 320 322 274 274 224 322 room 4 299 354 355 353 routines 1 260 rules 3 201 298 298 run 396 212 212 running 1 S 201 S 221 Sabourin 2 313 425 299 313 sacks 1 sacs 2 305 safe 311 343 safer 3 324 350 340 306 343 337 safety 33 230 231 230 231 231 231 231 241 241 241 241 241 246 247 264 247 265 9 247 276 286 286 311 315 319 324 337 342 343 344 356 356 356 425 Sayers 1 says 207 234 252 263 265 267 274 277 279 283 306 313 323 328 329 332 336 336 337 339 340 344 345 346 346 408 304 219 260 267 274 279 309 325 331 336 338 341 345 353 Sc.D 3 199 201 199 scarring 2 305 240 scattered 1 382 Schepers 28 255 255 254 255 255 256 256 256 256 256 257 258 258 258 262 262 262 263 263 264 312 264 436 = 267 437 437 437 439 Schepers 4 432 432 436 436 Schmidt 1 school 15 399 400 400 400 401 401 402 402 403 403 200 399 400 400 401 402 science 2 417 348 scientific 19 238 244 291 294 348 384 386 386 395 395 429 429 233 263 348 385 392 396 430 scientifically I 314 314 318 resume 3 235 375 376 381 sal1e 340 410 319 338 341 371 442 381 381 381 sales 2 347 349 scientist 1 407 373 404 394 418 401 429 researching 1 373 reservations 1 return 1 review 29 203 208 227 238 377 202 223 238 384 390 396 400 413 387 392 396 403 414 389 393 397 407 418 distribution 1 307 samples 2 320 213 Scotty 9 377 378 378 379 380 = 381 377 378 379 298 239 256 262 418 419 419 San 393 seal 443 serve 1 reserved 1 resins 2 224 341 354 214 264 273 301 321 327 265 299 313 323 330 272 299 319 326 347 423 426 428 430 423 427 428 434 424 428 430 sanding 2 213 Sarah 1 213 200 Scal 1 209 scalant 1 225 Index Page 18 Evans Reporting Service Adams v DcNemours scalants 1 sealer 2 225 224 218 scarch 3 367 393 339 searches 1 385 second 14 250 250 298 299 326 334 352 355 422 250 279 323 349 421 Secondarily 2 271 296 secondary 3 416 417 414 seconds 1 section 5 243 246 419 210 232 419 sections 1 307 sccurin]g = 312 SCC 35 205 209 212 222 223 223 237 275 287 304 309 316 322 320 = 321 325 328 334 341 342 342 344 347 355 355 360 360 366 366 366 366 389 392 408 415 eeing 3 ' 391 408 263 seck 2 376 secking 3 376 399 377 348 Sccm 2 337 408 selecting 11 388 serving 2 408 412 Sclikoff 6 318 319 416 429 270 319 Sclikoff's 4 290 319 269 319 sell 311 sclling 2 348 341 339 scll1s 208 seminar 2 395 386 seminars 2 396 395 sen3d 205 352 394 sending 1 SCNSC 7 334 367 426 427 342 303 413 434 sent 10 234 328 357 369 375 390 391 244 358 382 sentence 3 326 345 422 sentences [ 319 separat3e 382 419 330 September 3 216 318 356 sequenc2e 359 218 series 2 351 310 scrious 294 296 437 441 11 295 433 437 291 296 434 440 seriousl3y1 432 434 435 serve1d servic6e 319 = 351 366 445 352 199 352 service1s sessio[n set 232 221 232 376 443 384 300 231 343 settin1g severa6l 282 283 375 415 384 267 316 severalfold 1 298 shall 1 235 shapc 1 shapes 1 Sharon 4 201 443 382 213 199 443 sheet 2 270 sheets 2 445 288 221 shells 31 226 226 217 shif1t 297 shippe}d1| shippin2g 423 323 408 16 shipyar[d shipyards 3 247 263 441 246 sho3p 279 280 280 shop1s short 5 221 317 330 279 302 441 shortl1y shorts 2 330 353 330 shotgu3n1 217 226 226 show 14 352 352 358 360 364 364 387 417 422 336 358 360 365 422 showe1d41 332 IM Multi 354 425 427 showin3g 438 442 320 show[n3] 362 438 362 sick1 435 sides 1409 1409 signed 121 309 223 significan2c4e 207 230 231 240 242 245 245 247 271 271 284 287 288 = 302 306 312 302 312 313 313 314 315 320 323 significa1nt5 208 212 227 229 229 251 259 262 275 290 290 301 324 329 334 signs 11431 silica silicosis 6 305 306 307 = 316 similar 2 385 315 303 306 293 similarl4y 289 293 297 = 299 simple 424 simply 3 214 230 244 Sinai 1 318 single 2 414 305 situated 2 297 289 10 situation situations 3 410 410 438 346 si1 x 424 sixfold 1 Sixth siz2 c 230 Skendall 311 312 313 313 316 = 319 325 329 332 333 336 332 335 337 337 342 345 345 319 356 408 299 313 315 325 329 332 335 337 343 345 Skendall's 314 331 skeptical 1 405 skepticis2m 408 430 ski]p 374 skipped 1 skippin1g1 342 372 small 2 336 290 smaller 11 smart 1 Smith 3 260-4 = 260 206 425 260.1 sm1o40g5 Society 3 302 = 302 302 sold131 203 9 212 424 somcone 4 241 405 223 440 sometime 2 439 439 sometimes 41 409 439 408 439 somewhat 230 somewher5e 225 280 280 377 420 SOOD 4 219 341 396 339 SoonCF 1 339 sophisticated 12 432 432 sophistication 1 230 SOTC 1 405 Sorry 20 219 222 227 254 262 264 285 292 314 338 372 379 428 217 223 262 266 305 339 397 sort 433 244 Source 3 374 408 408 319 Sources 3 290 408 256 South 3 255 258 200 Southwest 1 spanned pi speak 31 354 354 199 399 354 speaker 1 speaking speaks 2 340 412 = 429 277 special 3 325 325 247 specialist4s1] 305 specialize1d 384 Specialtics 1 329 specific 221 220 220 236 316 334 373 384 388 398 398 399 399 401 402 409 414 419 419 420 426 431 435-7 scalants - statement specifical1l4y 236 241 253 264 264.10 265 275 286 292 335 369 385 398 = 402 specify 11 343 speculation 12 226 242 244 245 246 248 249 252 275 276 287 337 speculativ1e 333.9 speed 2 342 339 spent 4 358 397 244 439 spoke 2 362 307 sprayed 3 275 279 203 sprayers 1 279 sprayin1g3 = 276 279 279 spread 1 squarc 1 stack 297 378 336 325 stamp 4 210 216 stand 1 210 = 299 254 standard 8 286 296 329 373 435 286 297 432 standardization 2 374 374 standard6s 326 330 424 425.2 213 374 standing 1 439 standpoin3t 317 410 430 stapling 1 start is 352 355 438 started 13 346 354 354 354 363 400 405 405 334 439 324-19 324-19 354 354354 355 355 35 440202401 2402 0 414 starting 7 232 240 290 359 230 269 408 starts 1 statc 29 236 236 236 291 317 344 403 421 429 433 334 228 236 278 307 307 307 307 34 427 statement 19 221 ( 254 287 Evans Reporting Service Index Page 19 statements - they've 296 324 327 336 296 327 332 378 319 327 336 410 421 424 426 atements 4 286 306 254 432 states 15 232 244 286 293 316 316 333 342 381 411 213 252 315 333 343 stating 2 285 235 statistical 1 253 322 346 stric1t 336 strike 10 263 295 305 325 333 337 strikes 1 strips 2 324 student 1 studies 15 255 255 268 270 283 322 386 392 442 442 254 295 329 343 391 323 399 232 256 283 384 442 MultiTM 404 substitution 2 339 350 subtitle 1 315 such 24 206 236 247 254 291 292 306 315 371 372 375 376 387 401 416 438 202 247 268 298 366 373 376 403 sue 1 317 suc2d 380 suffer 2 381 440 Adams v DcNemours Swain 9 214 215 218 444 445 445 213 216 444 switch 1 297 Sworn 7 201 201 238 311 201 223 443 symposia 314 314 symposiu[m 313 synopsis 2 227 228 system 4 224 225 218 225 systems 1 279 389 398 390 423 398 testifies 3 370 370 284 testify 7 234 235 360 380 201 293 406 testifying 3 222 366 210 testimony 35 228 228 233 233 238 = 238 248 265 277 280 358 358 359 361 222 228 233 238 267 280 358 368 statistics 2 303 253 study 4 231 240 242 319 441 suffering ] 289 tabl3e 329 377 379 373 406 383 411 403 411 status 3 315 315 301 statutes 2 317 208 sta3 y 285 437 285 Steel 5 320 323 323 321 346 Stenographer ] 201 stenographically 1 443 step 1 208 STEPHEN 1 199 ste 5 p 21s5 423 24 426 426 evenson 2 445 219 stickics 1 237 stil6l 232 336 340 391 320 347 stirred ) Stock 2 338 333 338 stocks 4 341 341 340 341 Stone 1 sto7 p 215 221 222 225 225 304 218 224 studying 3 406 411 256 stuff 14 368 372 377 379 382 382 401 405 439 206 377 382 393 423 style 1 282 subdivision 1 363 subject 6 358 358 383 404 314 382 subjected p subject]s submitted 1 365 202 339 subpoen9a 352 353 357 358 366 445 351 356 365 subpoenaed 2 353 353 subscription ] 249 subsequent 1 406 subsequently 2 349 425 substance 2 360 348 substances 2 325 325 sufficient 2 295 292 suggest 1 suggested 2 337 341 214 suggesting 1 suggests 2 435 332 324 suing 1 suit 203 suitable 21 340 317 339 Suite 200 sulfur 1 summaries 3 302 385 200 405 244 summarization 1 210 summary 3 300 444 249 superintendent 2 264 265 superviso3r 266 267 267 supervisors 2 265 431 supervisory 1 290 supplement 2 242 242 supplied = 279 tables 1 taking 5 424 426 426 438 338 426 tal4 c 214 217 222 214 talcs 1 214 talks 15 213 215 220 228 240 240 261 278 279 279 212 218 239 242 278 tangible 1 tap6e 297 300 410 410 369 297 410 tapes 11297 target 2 380 325 targeting = 325 tea 1 c 40h 3 teacher 1 404 tear 1 270 technical 11 314 384 385 386 392 395 302 384 386 395 396 techniques 1 tecum 1 306 365 422 432 439 422 434 432 437 testing 5 258 268 374 257 276 tests 9 336 373 383 217 364 373 332 364 383 Texas 14 199 200 200 200 298 377 379 379 406 199 200 201 377 404 text 16 230 239 247 = 245 247 259 259 261 261 265 265 239 246 250 261 261 textboo4k 258 259 263 432 textbooks 1 420 textil3e 414 415 415 texts 2 207 Thank 12 222 237 247 262 342 397 366 416 207 212 238 282 391 Stopps 24 233 236 248 249 267 267 268 268 270 271 = 270 277 290 291 229 238 267 267 269 270 284 291 substantial 12 270 291 294 296 296 296 297 418 434 437 441 442 substantially 10 291 294 295 296 432 434 support 1 supportin]g suppose 3 410 413 228 364 384 supposed 2 424 333 suppression 1 243 Tedlar 2 217 217 telling 2 367 358 temperatures 1 322 ten 365 Thank]s them1e themselves 3 407 431 379 322 208 theorie4s 406 407 406 407 thereafter 3 260 357 432 435 435 435 surface 1 320 tendered 5 204 311 353 Stopps 6 268 269 268 270 440 substantive [ 298 surprise 2 419 329 211 261 212 222 therefore 3 332 376 248 284 284 substitute 15 257 surveillance 1 term 2 410 410 Thereupon 1 442 stopwatch ry 2 227 Street 7 200 200 200 201 stress 3 439 420 199 200 426 322 257 337 340 346 347 324 339 340 346 348 substitutes 2 324 339 341 347 346 345 survey 3 329 330 Surveys 1 suspected 2 246 303 328 243 terms 4 384 413 terrific 1 testified 12 248 265 269 369 345 416 241 201 269 371 thesi2s 404 theyth'ey'vev5e 372 378 411 404 323 402 Index Page 20 Evans Reporting Service Adams v DcNemours thickness 1 thinking 1 third 4 340 420 420 323 423 419 Thoma2s 444 282 thoroughly 1 though8t 249 = 352 406 428 440 258 246 380 429 thousan1d three 9 279 361 390 394 410 340 280 393 410 364 371 385 440 took 268 291 294 296 308 389 398 430 383 278 295 313 425 tools 1 368 to2 p 207 top 3 i 26c4 402 209 11 398 topics 2 402 399 toss 1 216 total 2 240 252 437 three 2 298 215 sixteenths 1 322 totally 31 343.8 405 touch 1 touched 2 246 223 241 202 Threshold ] through 26 211 211 226 231 251 268 298 335 355 358 358 363 378 378 389 395 440 332 211 223 249 283 351 358 374 382 403 toward 1 258 town 1 400 toxicity 1 toxicolog9y 213 220 231 232 250 413 218 212 230 233 tract 1 399 tra 5 d 26e9 319 408 318 415 tighten 1 262 weighted 1 214 timeliness 2 299 299 times 5 361 378 410 293 = 398 tissue 1 255 titl3e 303 304 315 titled 5 214 216 326 214 216 trademar2 k 209 212 trades 15 270 270 415 415 439 441 441 441 442 442 269 414 438 441 442 trained 1 255 training 1 368 Transactions 2 356 356 transcrip3 t 361 398 443 TLV 1 332 tobacco 1 430 today 30 209 290 298 298 202 = 294 299 351 351 352 353 354 355 357 358 359 363 367 368 389 393 394 394 394 403 417 420 432 440 440 together 2 339 250 transcript[si) 377 translatio2n 243 429 transmittal 1 342 treatises 1 388 treatment = 401 tria7l 298 358 360 318 368 370 370 trials 346 346 361 trie1d 428 Tri3p 268 270 12/269 tolcrated 1 tomorrow 6 394 394 441 442 329 371 440 true 9 327 403 407 431 434 443 332 428 436 tonight 1 tons 2 221 too 299 366 225 337 truth 5 201 201 406 try 15 262 201 409 271 TM Multi 274 339 341 345 345 382 382 389 421 429 438 440 440 trying 12 334 354 361 378 422 422 426 438 310 361 378 422 Tumors 2 245 245 turn 6 334 338 227 335 241 337 turned 3 381 381 381 Turner 1 turning 2 381 301 339 two 28 214 233 273 297 327 339 393 402 413 200 216 253 284 299 12 330 346 394 404 440 212 221 253 297 300 334 365 399 410 paragraph ] 244 tying [ 292 ty 24p 20c 2 274 274 279 301 314 348 360 360 362 363 364 364 365 373 440 237 279 302 358 362 363 364 388 typcd 1 typcs 6 303 307 391 441 395 293 322 U.S4 319 416 417 411 ultimatel1 y 289 ultra 1 279 hmm = 266 281 unaltered 1 320320 unauthenticated 1 308 unclear 2 421 387 uncontrolled [ 405 under 13 260 307 317 325 333 381 416 422 213 315 325 381 426 undergraduate 18 398 400 400 402 402 402 402 403 thickness - VOGLER VOGLER undergraduates 1 402 understand 17 298 299 314 361 367 372 373 375 407 414 392 394 411 9 411 415 420 430 underway 1 346 undetermined 1 222 uneconomical 1 337 United 8 232 244 333 333 411 213 252 342 university 1 unless 2 430 384 391 unreasonably 11 349 unrest 1 333 unsuccessfully 1 290 up 26 206 232 322 333 342 395 410 423 202 231 260 322 334 343 396 414 441 206 232.3 262 324 339 354 399 415 441 upper 121 327 257 upward 1 urgings 1 usage [ used 311 217 217 217 225 271 271 279 297 325 333 344 368 373 373 383 405 410 415 420 425 290 282 221 208 217 226 278 323 334 369 373 408 416 442 USCI 414 users 215 310 349 416 417 269 414 438-19 uscs 5 212 207 218 208 385 276 364 374 utilizes 2 391 382 utilizing 2 310 268 V 2 199 199 vacuum 1 279 vague 5 286 286 350 229 292 value 131 332 377 243 various 31 206 208 212 213 243 246 275 290 293 293 303 305 311 315 322 347 405 406 410 410 202 209 215 261 290 303 306 320 382 407 416 varying 11} vcin1 341 ventilation 2 260 416 247 verifying py versa 310 versus 1 409.5 409 21 Via(lyy 200 vic1 e 310 vicinity 1 vidco 2 370 277 201 vidcographer 19 200 201 235 235 250 250 297 326 300 335 326 335 335 350 351 355 410 410 442 videotape4d 199 199 201 442 videotape1s vicw 3 207 386 365 337 Vigliani 1 violation 3 333 344 304 332 violations 1 329 viral 1 401 virtuall1y 0 431 visible p33 241 using 11 322 339 421 421 422 427 433 usually 21 341 utilize 7 238 315 341 341 utilized 4 310 408 421 433 244 236 340 374 225.1 vita1c 368 VOGLER 54 254 258 292 293 297 301 302 303 306 307 309 310 312 = 312 314 315 319 321 322 324 200 259 295 302 305 308 310 314 317 321 325 Evans Reporting Service Index Page 21 Volume - Zeiser's 327 328 329 333 : 335 341 44:20 332: 18 336 341 345 332 337 343 348 362 36: 7 370 | 372 375 362 36: 7 370 374 376 366 36: 7 370 374 380 Multi within ( 443 without 12 292 292 | 348 358 | 376 384 213 328 369 398 362 363 362 385 439 written 15 262 305 | 372 372 Adams v DcNemours 363 429 247 _ 346 372 350 350 Volume 2 199 199 6 voluntary 424 426 426 426 : 427 427 W : : 200 199 W 2 W 1 wadding 3 226 226 : waffle waffle waffle waited 1 walk2 268 Walker 4 306 307 338 217 415 237 424 298 323 Walker's walking 1 wallboards wallboardswallboards wanting wanting wanton wants 1 1 War 263 arning arning 10 48 348 350 408 408 408 346 426 426 15 217 : 427 405 23: 6 334 349 408 431 warnings 349 409 Waters 165 200 201 205 205 206 210 211 222 : 228 210 210 211 223 : 233 233 233 234 234 235 235 235 236 237 237 239 240 250 262 334 199 202 205 210 211 218 228 : 233 234 235 235 237 239 249 264 266 281 285 297 310 335 272 281 292 300 326 335 281 282 294 300 334 335 350 353 353 54:16 355 357 357 359 350 353 354 354 356 357 358 359 352 353 354 355 356 357 359 362 389 | : 391 392 393 | 394 | 395 | 397 | 407 414 15 389 : 391 392 393 394 395 399 407 415 : 421 | 422 | 427 422 426 428 430 | 435 | 437 | 437 442 432 436 437 440 444 Waters 3 370 397 waysways 3 325 ways 409 wear 2 wear 279 wearing wearing 1 Wednesday week 318 319 354 welcome welder ] welder Wenrich Wenrich 2 West 346 West 1 254 389 392 : 392 393 394 395 406 407 417 422 427 429 434 436 437 441 359 408 279 22: 1 199 318 237 441 346 witness = witness 45 : | 201 1 9 204 | 218 219 | 228 | 235 | 246 | 281 | 282 285 234 : 240 282 : 282 288 297 298 350 14 1 356 | 368 | 384 353 357 370 392 443 411 : witnesses witnesse2s 388 wonderwonder Woodson 2 297 word words 1 287 2 2 426 worked 217 : 274 232 : 424 431 439 worker workerw2o8 r8 ke3r3 2424 431 431 441 workers 29 wet 260 wherein 1 wherever 260 262 329 408 247 | 253 273 | 282833 284 269 275 228844 311 whichever 378 wholwe hol2e | 223 widely 201 widel1y 214 widespread 1 243 widespread widespread Wilhelm = Wilhelm Williams 232 304 wil ngwillin6g 383 390 391 393 Wilson 2 wind wind 1 441 339 390 212 317 | 333 414 425 425 : 329 334 415 42: 7 workers 30:7 workplace 317 workplac2e workplace 284 WorksWorks1 world 5 246 208 worn 1 247 wish 341 360 WorthWorth withdra2 w 325 writewrite 369 within 432 within 12 writer 225 225 writer 2 328 | 332 | 332 336 | | 336 332 332 336 417 336 336 336 writes 1 writing | 312 323 372 writings 8 201 210 228 235 276 276 20 : 285 292 317 353 367 371 395 : 428 236 219 296 269 206 233 : 431 439 2713 2 328 441 248 270 277 : 284 317 331 408 425 431: 31: 5 246 344 202 263 200 396 327 315 311 364 251 386 : 415 : 3910 2 42: 7 wrong wrong 1 Wrote 5 258 Wrote 414 315 | Wuske) |ray 2 : Xrays rays 334 y'all 334 16 ye1a 6 2r 56 280 280 | 315 343 320 351 400 400 416 433 | yearl1y | ycars 34 256 267 305: 31:1 326 350 1 366 373 || 383 | 39: 9 400 366 366 379 390 400: 404 409 413 | 431 431 ye4t 216 yet 425 6 Yor 21k7 York 270 417 309 yourself 11 366 376 377 378 Z 428 11 Za1n2g 00 Zapp 14 214 216 219 220 261 444 445 445 445 Zapp'1s Zeisc1r Zeiser'1s : 391 309 247 404 338 287 425 271 308 320 397 405 397 256 269 28: 3 365 37: 2 382 398 400 404 413 433 219 267 318 238 376 422 328 213 218 261 444 445 221 328 329 a a, _ Index Page 22 Evans Reporting Service