Document eK8OXJoL9yvqnNx3GZ3JLXd9

SEP. 13.2004 2:59PM RWOM LAW FIRM Multi-PageTM NO. 653 P. 8 Page 22 Page 24 1 had American Brakebloc cm the labels. 1 A.And it was I think a big operation, machine shop . 2 Q.Badt -- 2 and everything, they supplied die Air Farce base 3 A. So I have to assume it's all American Brakebloc 3 there, and he bad a lot of knowledge as far as napa 4 ' inside the box. 4 jobbers, and he tried to pass drat on to me. 5 Q. Back ar that time that Mr. Riley referenced prior 6 to the late 1980's., did you purchase any -- were 5 Q- Great 6 MR. G1ANAIUS: That's all I have. . 7 any purchases made offrictien materials from other 7 MR- DICKEY: Pat?; 8 manufactnrers? 8 MR. RILEY; Do you want to have him read? 9 A-No. Abex was a good st^pber to ns. They had some 9 That's it . 10 problems with like some disk pads later on as far 10 . MR. DICKEY: We will read and sign. 11 as just probably having.too much business, weren't u 12 able to supply a few part numbers, but that was in 12 13 the'90's. We didn't have to go outside. 13 14 Q.But, again, just to recap, the NAPA stores 14 15 themselves they were not required to exclusively 15 16 carry products that come from the Napa distribution 16 . 17 center? 17 18 A.No. 18 19 Q.So going into a store someone -- 19 20 A.He's an independent business person. There is no 20 21 contract. 21 22 Q.Sure. They would supply basedupon the product 22 23 that was available and the tike? 23 24 A. I assume. If I was in business, if I couldn't get 24 : i something from my primary supplier, I'd try to find 25. Page 23 Page 25 1 something I could selL 1 2 Q.Uh-huh. And that product may or may not be an Abex 2 3 line? 3 4 A_1 could not mate a stamment on thaL 4 eB2SZsWnlto47Uto(~ 5 MX. ABBOT. No further questions. 6 EXAMINATION . 5 SMXEOF. 6 7 EYMR-GIANAWS:. 8 Q.Just to clarify, as long as the name NAPA was on . 7 COUNTY OF. 8 ) 9 die box, it would be your understanding that it 9 . Subscribed and sworn to before 10 would be an Abex lining? 10 me this . day of __ ____________, 2004. 11 A-Yes. 11 12 Q.When we talk about historical knowledge, this is 12 13 staff that yon learned in your training, is that 13 14 right? 14 NOTARY PUBLIC 15 A.Yes. 15' My Commission Eigrires: 16 Q.Bdng trained to do the job that you've done since 16 17 1966, you were taught by people who had been 17 18 involved in this business before you -- 19 A. Yes. . 18 19 20 Q.-- about what had gone on, is that right? 20 v 21 A.Walter Devoe, the plant manager, was - before he 21 (CASE- In Re: ALL SIMMONS FIRM CASES ON THE MAY 3, 22 came and started that plant there at Genaut 22 2004, TRIAL DOCKET.-VS- A.W- CHESTERTON, fit aL) 23 Industries, he ran and operated the local NAPa 23 . store, company owned, in Fore Worth, Texas. 24 p Q.Qkay. 25 Page 22 - Page 25 JOHN M. BOWEN & ASSOCIATES - (816) 421-2876