Document gDx31nLmwbBxGD1ZdmZG9VvdQ

The Deposition of Richard A. Lemen, Ph.D. Conducted 7/15/99 A. Examination by Attorney Weathersby 1 - 156 B. Examination by Attorney Gustafson 157 - 171 C. Examiniation by Attorney Wittie 171 - 175 D. Recross-Examination by Gustafson 175 Page 10 As the Deposition begins Dr Lemen states that he does have a copy of his report entitled Asbestos Timetables and Their Relevance to Westinghouse. Page 11-12 Dr. Lemen describes the report as a set of Westinghouse documents that have been incorporated into the existing timetable so that you could see the dates as they relate to the state of the are knowledge that is presented in the timetable. This is the same report as is being used in the Eisenreich case. Page 13 The table was completed on April 23, 1999. Page 14-16 Attorney Tierney raises objections to Lemen answering whether he received any instructions from a member of GPJ&W regarding the completion of his report. Strategic jousting ensues. Page 17 Some discussion takes place regarding the documents referenced in the report. Dr. Lemen has a stack of documents in front of him that are not individually referenced in the report. Dr. Lemen states that he obtained some of the documents from Mr. Roach's firm and some from GPJ&W. Page 18 The stack includes documents that have been provided to defense counsel as well as documents that defense counsel has not been provided with. The documents that defense counsel was not provided with include two with 151 abstracts (named 753 = 151 Abstracts) and another includes 1170 abstracts. 753 = 151 abstracts is handed over and marked Exhibit 2. Page 19 Exhibit 2 consists of the abstracts that Dr Lemen received from GPJ&W that deal with the Industrial Health Foundation. Page 22 The larger stack of 1170 Abstracts is handed over and marked defense Exhibit 3. Page 23 The IHF membership list is also attached and marked Exhibit Defendant's Exhibit 5 . Page 24 The Buffalo Large Motor Division document on asbestos is marked Exhibit 6. The Kansas City Works is marked Exhibit No. 7. Discussion of the QSHA by Westinghouse is No. 8. A warning label dated March 6, 1970 is marked No. 9. Another document that talks about government law and asbestos exposure is marked No. 10. Page 25 Another document dealing with Transite pipe products is marked Exhibit 12. Another on accident prevention at the Bloomfield Works is marked No 13. Another document referencing Westinghouse Bldg. No 2325 and the use of asbestos in insulation materials is marked No 14. Page 26 Another one dealing with East Pittsburgh accident prevention is marked No 15. Another on Westinghouse Bldg. No. 2016 is marked No. 16. Another regarding employee exposure to asbestos at the Lester Plant is marked No 17. Page 27 A 1984 letter from Buffalo talking about a recent shop safety tour talking about a recent shop safety tour revealing the continued use of asbestos material is marked No 18. Another letter describing 1976 OSHA standards is marked No 19. Letter from senior attorney for Westinghouse Electric tic Organization Research Counselors is marked No 20. Page 28 A document talking about power and the spectacular story of energy in the USA is marked No. 21. A document on accident prevention referencing asbestos fiber concentrations is marked No 22. Document on Westinghouse's response to all interrogatories is marked No. 23. Page 29-42 Document dealing with final copy of OSH Requirements - 26. Summary of Westinghouse compliance with Westinghouse EPA TSCA dated November 1992 - 25. Internal Memo from Westinghouse Bldg. 1558 - 27. Table of different product grades from Westinghouse - 28. Report t Westinghouse on Keen Insulation Contracting Division - 29. Process specification sheet on thermal insulation - 30. Applicati on of block and plastic insulation instructions -31. Process specification. Application of Sheet Insulation Instruction - 32. Air samples of asbestos cloth being cut - 33. Evaluation of Asbestos Exposures at North Loop Turbine Number 1 Facility - 34. Asbestos Products and Usage - 35. Materials evaluation pertaining to Johns-Manville Thermobestos fiber release - 36. Correspondence in Johns-Manville talking about amosite exposure from Marinite - 37. Another JM talking about amosite - 38. Maranite and dust control - 39. Johns-Manville on the sawing of Marinite - 40. A document pertaining to JM refractory products and how hand powered tool are used extensively in the field to work Maronite sheets - 41. Review of Documents at industrial hygiene - 42. Review of files in the industrial hygiene department - 43. Westinghouse on Maronite - 44. Brief summary of a 1 hour and 45 minute telephone conference meeting with headquarters concerning asbestos - 45. Industrial Hygiene Objectives for the company - 46. Industrial Hygiene files - 47. Retention Guidelines for Industrial Hygiene files - 48. Another pertaining to industrial hygiene - 49. Yet another document pertaining to industrial hygiene - 50. Industrial Hygiene record retention -- 51. Citation and notification policy - 52. Personnel relations managers talking about the OSHA standard and their compliance with - 53. Evaluation for Westinghouse of industrial hygiene by George D. Clayton & Associates - 54. Document dealing with liability and contractors at the Kansas City Works -55. Internal Memorandum from the Buffalo Large Motor Division concerning worksheets and asbestos exposure - 56. Page 38 Exhibits 4 - 56 were not included in the timetable. Dr Lemen didn't feel it was necessary to change the timetable and add them. That is, they would not have changed the sequence or makeup of the timetable Page 39 A good way to characterize the documents is as background information Page 40 Dr. Lemen also presents a notebook that has documents in it that represent the entries in the timetable in chronological sequence. Page 41 The timeline itself has been marked Exhibit 1. Dr. Lemen's curriculum vitae is marked 57. A document regarding Mr. Roach's law firm and billing in this case to this point in time is marked Exhibit 58. Page 42 Dr Lemen provided all counsel with copies of all documents that dealt with his briefing book and a document dealing with a notebook on household exposure two weeks before the deposition. Since that time he has added one page to his briefing book. Page 44 The documents that Dr. Lemen provided counsel with, along with his notebook and timeline constitute a complete collection of the documents that he considers relevant to Westinghouse. Page 45 Dr. Lemen received all of the documents from either GPJ&W or Nix Roach. The documents constitute the written documentary evidence that Lemen considered in reaching his conclusions related to Westinghouse. Page 46 Page 47 Page 48 Page 49 Page 50 Page 52 Page 53 Page 54 To the best of Dr. Lemen's knowledge he relied on no deposition transcripts or testimony to form his conclusions on Westinghouse. Dr. Lemen testifies that there was evidence prior to 1972 that asbestos had very severe health effects and that the misuse of the material without protecting the worker was inappropriate. It is also the Dr.'s position that there are many other substances used in industry that if not contained properly would be harmful. Dr. Lemen testifies that since the 5 million particle threshold limit value was the only guidance limit available in the `40s and `50s, an industrial hygienist using this value as his benchmark limit would be acting reasonably in the performance of his industrial hygiene task. Document 6771 indicates that Westinghouse began its involvement with asbestos in 1908. Westinghouse was not the only company using asbestos in 1908. Dr. Lemen draws no other conclusions from document 6771. Mr. Weathersby refers to the December 18, 1984 document, which is a Journal of Occupational Medicine paper on The Konocide Club. Dr Lemen has concluded from this document that Westinghouse was one of the founding members if the Konocide club. The club was formed by Phil drinker to address research problems on the relation of dust to health. The Konocide Club was the predecessor to the Industrial Health Foundation. Westinghouse was a member from 1936 to 1984. The Konocide Club involved some of the top names in industrial hygiene in the `30s. Other members included the Bureau of Mines, Department of Interior, Harvard School of Public Health, Metropolitan Life Insurance Company, Saranac Laboratory, and the University of Pennsylvania. At the time, the University of Pennsylvania was one of the leading universities in the study and treatment of the known pneumoconiosis. The department of health for the state of Connecticut was also a member. Lemen does not think that Westinghouse was acting improperly by becoming a member of the Konocide club / IHF. In fact, it can be concluded that by being a member, Westinghouse was on the front edge of research of occupational health issues. Dr. Drinker and Warren Cook have been widely published concerning what they learned during the 30s and 40s. Dr. Lemen is not aware of anything that was learned during Westinghouse's participation in the Konocide Club that wasn't soon after offered to the public. Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 The Doctor is not aware of any evidence that Westinghouse's participation in the Club was an effort by Westinghouse to secret away things. The examining Attorney [Atty] next refers to the documents regarding the 1934 transactions of the National Safety Counsel [NSC] and asks that Lemen tell him what he know about the NSC. Lemen states that the NSC has a long history or interest in safety issues. They represented a broad array of professionals employed by government or industry. Mr. Auel of Westinghouse served on the executive committee of the NSC from 1934 to 1935 and was also president. The NSC documents also refer to the Saranac Lake studies of pneumoconiosis and dust-producing diseases. Lemen suggests that the significance of these documents is that Westinghouse was a participant, they were an officer, represented as an officer; and that dust diseases were talked about in their presence. The NSC had a very broad membership and were actively pursuing additional members. The NSC was a very public organization. It had sectional memberships and among these sections was the industry group. The industry group would have included people in the steel making industry. Publications of the NSC were widely accessible; to acquire them an organization needn't have been a member. Lemen states that if Westinghouse had applied the knowledge that they gained from their membership, "it would have been a good thing." Discussion begins regarding the deposition taken in 1992 of an early Westinghouse hygienist, Mr. Bickenstaff. Lemen has not read the entire deposition. Lemen states that the importance of the Bickenstaff depo is that it demonstrates that Westinghouse was involved in organizations that were dealing with dust-related diseases and were aware of the research that was being conducted. They had access to publicly published information as well as unpublished Due to their membership in the NSC, Westinghouse would have had earlier access to the information than the general public. The information attained by Westinghouse may have been superior to that attained by the general public in that they had the ability to speak with other members on how to interpret these studies and how these studies may apply to their work. The IHF had a broad membership in the industrial community. The IHF also had a broad membership among academics. The meetings of the IHF were covered by the news media. Page 63 Once again, Lemen states that if Westinghouse had applied the information that they gained from these two groups it would have been a good thing. Page 64 Lemen is aware of no evidence that Westinghouse was an active participant in altering research results. Page 66 Reference is made to a 1938 Westinghouse document. It is labeled 6715. Page 67 Atty asks Lemen what conclusions that he made from document 6715. In hopes of speeding up the deposition, Lemen states that the conclusions that he made from the documents are documented in the timeline. Page 68 Document 6715 is a product specification for blanket insulation. Dr Lemen does not know who constructed the blanket but the document does have the address of the manufacturer on it. The specification covers blankets, bags, or mattresses for removable heat insulation for steam turbine casings, valves and other parts. The insulation should be suitable for temperatures over 850 degrees Fahrenheit. Page 69 Dr. Lemen has no information on any other blankets that may have been used for these applications, although other blankets may have been used. Reference is made to document 6716 that is an Air Hygiene Foundation document. There is no connection that Lemen makes between this document and Westinghouse other than Westinghouse was a member of the organization and "Westinghouse" being stamped on the copy. Page 70 The stamp "Westinghouse" was on the document before Lemen got it. Lemen agrees that companies should attempt to keep abreast of developments in Worker's Compensation, injury schedules, and compensation schedules. Page 71 Lemen states that it would be reasonable for a company to stay current with these developments and to apply the knowledge to prevention strategies within their own workforce. Lemen states that compensation law should be used as a tool to learn about prevention and to apply it. He also states that application of Worker's Compensation law is reasonable if it is used to prevent disease and injury in the workplace. Page 72 73 Reference is made to documents 7398 and 7399 which are Medical Engineering Control of Industrial Health Hazards by Lyle Hazlett and a Southern Medical Journal document dated November 1941, respectfully. Lemen agrees that it would be a good thing for a company to allow their medical director to publish current information on subjects such as the practice of industrial health. Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Lemen does not conclude from reviewing document 7399 that Westinghouse was lagging behind in the area of industrial hygiene during the time period referenced in the document. Reference is made to document 1943. Document 1943 is not relevant. Lunch Break. At this point discussion begins regarding document 1943 and the 32nd National Safety Counsel. 1943 is documentation of the transactions of the NSC for that particular year. Atty quotes Lemen as saying "The use of water repellant asbestos insulation has recently replaced some types of material formerly used for ship work." Lemen questions whether this material would have had any specific relevance to the steel mill setting although he states that it may have. He thinks that it may have been used in applications other than as shipboard. Lemen does not know what form the water-repellant insulation came in. It is Dr. Lemen's position that the responsibility of protecting workers lies with both the manufacturer and the end product user. The manufacturer should properly label their products and the end product user should follow those instructions. Lemen feels that although the manufacturer is in the best position to research the development of safer products, the end product user is in the best position to do things like engineering controls and dust monitoring. These facts, in the opinion of Dr. Lemen, do not alleviate the responsibility of the manufacturer to warn of the potential hazards from the use of their product. Lemen's view is that people in the proximity of the user of these products may be exposed to airborne asbestos dust. Lemen agrees that warning labels may be removed for some reason before reaching their destination. Lemen feels that large steel mills with possibly 10s of thousands of employees should have people designated as safety personnel. Atty offers that there was training available for safety personnel during the 40s through the Department of Labor or its equivalent or possibly industrial commissions. Lemen agrees. Lemen agrees that Westinghouse, at least according to documentation, has a history of providing safety personnel for its facilities. Reference is now made to document 6981 that is a 1946 memo from Barnes to the works manager in South Philadelphia. Lemen acknowledges that the document appears to indicate that Barnes is discussing potential health hazards with the use of asbestos for the manufacturing of lagging at a Westinghouse facility. Lemen acknowledges that in some states without labor departments, operators would look after their own facilities in pre-OSHA days. Page 82 The document also discusses the substitution of fiberglass for asbestos in blankets. Page 83 Lemen acknowledges that in 1946 there was some concern over whether fiberglass was also the source of health hazards. He agrees that because of the perceived risk at this time, an employer would not necessarily be exercising "ultimate prudence" in making a wholesale substitution for asbestos with fiberglass. Lemen feels that the ultimate solution would be to exercise industrial hygiene controls or to substitute substances that could do idle same thing without the health risk. Page 84 Lemen does not know whether it is possible to manufacture fibrous glass that is not respirable. He does, however, know that there are engineering methodologies to manufacture substitute materials that are not respirable. Page 85 Although the manufacturing process is not necessarily Dr Lemen's area of expertise, he has studied substitute materials such as fibrous glass, ceramic fibers, wollastonite, albnite, in conjunction with his studies of asbestos. Lemen states that the implementation of OSHA gave manufacturers of fibrous glass a push toward looking into ways of manufacturing their products in ways that would prevent them from having the same health hazards as asbestos. This would be in the `70s. Reference is now made to document 6981. Page 86 87 6981 leads Lemen to believe that Westinghouse was applying hygiene principles within its own facilities. Atty presents a hypothetical: If an employer has been applying industrial hygiene practices for ten years and after ten years there is an incidence of disease, can the employer presume that his work place is still a problem? Or can the employer assume that the disease causing exposure occurred prior to the Industrial Hygiene controls being implemented and that the present condition of the work site is safe. Lemen retorts that even though industrial hygiene practices, such as Fleisher-Drinker lowered the prevelance of disease, disease could possibly occur. Moreover, diseases such as asbestosis and lung cancer can reflect exposures that occurred prior to the implementation of industrial hygiene controls. Page 88 Lemen agrees that most of the conclusions that the Fliescher-Drinker study provided were accurate. Lemen also agrees that mesothelioma wasn't recognized when the Fleischer-drinker study came out. After Atty provides the findings of the study, Lemen agrees that yes those were the findings, but the Dr. also stresses the limitations of the study. Page 89-90 Atty now references document 6745, a 1946 process specification. The document is missing but the Dr. recalls that it applied to a general process specification dealing with any of the products that contained asbestos and recommended the use of respirators. Page 91 The Dr. describes the "hierarchy" of industrial hygiene controls as: First provide a substitute. Second provide engineering controls. Lastly, provide protective equipment such as respirators. The doctor feels that respirators should be looked at as an interim measuring while effective engineering controls are sought. Page 92 - 93 Document 6983 is referenced. It documents the use of Micarta. The Dr.'s knowledge of Micarta is limited to that provided by the document. He states that a skin irritation such as a rash is likely to be caused by a binding agent in the Micarta as opposed to the asbestos itself. Asbestos can cause asbestos warts but the document is referencing rashes and the like which asbestos will not cause. Page 94 The next document references the Bickerstaff deposition. Lemen included it in his timeline to reiterate his stance that Westinghouse knew of the hazards of asbestos in the 1940s. Lemen also states that the depo shows him that Westinghouse was aware of the causal connection between asbestos and lung cancer and mesothelioma. Page 95 Lemen believes that Bickerstaff was the manager of industrial hygiene for all the Westinghouse facilities and had some 5o hygienists working for him. Page 96 Document 7459 is referenced. It is a 1950 news article noting that Westinghouse manufactured its own asbestos containing blankets. Page 97 Document 6984, a 1953 Safe Practice Data Sheet printed by Westinghouse, is referenced. Lemen agrees that the ACGIH recommended a maximum allowable concentration of 5 million particles per cubic foot of air. This recommendation was based upon the U.S. Public Health service Dreessen study of 1938. Page 98 The statement, "Where asbestos may be mixed with other less harmful dusts, the concentration of asbestos dust will be the controlling factor," taken from document 6984, means that if you have smaller amounts of asbestos, the risk of developing asbestos-related disease would be lower that if you have higher concentration of asbestos. Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Atty now references the "Gate transcript." Mr. Gate was in the marine turbine business. Next, The Peter Straus deposition is referenced. Mr. Strauss was the service engineer for Westinghouse. Dr. Lemen's opinion as to what Mr. Strauss did is an assumption based on everyday experience rather than Westinghouse specific information. Russell Senkow is an employee of Westinghouse. Dr. Lemen knows nothing more about him. Material Safety Data Cardss [MSDC] are mentioned in the Bickerstaff deposition. Dr. Lemen represents that the MSDC were provided to the Westinghouse material engineers for their use. The M'SDC did not follow on with the product so that other workers would have advantage of the information provided on the cards. The MSDC provided warnings that would give instruction on the manufacture of the products. They were similar to material safety data sheets. The Dr. is not aware of any manufacturer of asbestos-containing material who was in 1953 attaching warnings to his end products. The Dr. acknowledges that in the pre-OSHA years, the United States Government may have been the largest seller of asbestos containing materials. He does not have any direct evidence of this, though. Lemen is not aware of any pre-OSHA warnings that the United States Government placed on its asbestos-containing products. Document 7468 is referenced. Dr. Lemen agrees that the purchaser of a product would have the ultimate say on what it was that he or she got. In other words the end purchaser would be the one specifying the make up of the product. The ceramic abstracts are included in the timeline because it was obtained from the Westinghouse documents. The contents talk about chrysotile, amosite, and crocidolite under the microscope, but it also states that all three of those types are dangerous and that even tremolite and anthophyllite may cause illness. The document ends by saying, "all asbestos dust should be treated as being injurious to the lungs." The Doctor thinks that it is important to put in the timeline because it is another Example of their knowledge at a particular time of the hazards associated with asbestos exposure. The Dr. assumes that this particular document was at one point in the possession of Westinghouse because he received it from plaintiffs attorney. References in the timeline to USX Clairton are all for Eisenreich case. Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Reference is now made to document 6990, which is a memo to J. Welsons from Z.R. Rees. It talks about corporate standards and data cards covering Micarta, Moldarta, molded composites, et cetera. This document states that machining can create dust. These labels indicate that whatever they are placed is dusty and measures should be taken to avoid breathing them. The document lists the specification, A-20 and then lists the cards that should be included in the caution. Lemen feels that it is good public health practice that any time an employee is exposed to a substance that is known to be hazardous they should be made aware of their exposure even if the company were meeting the current threshold limit. This would allow workers to protect themselves given a sudden breakdown. Lemen states that this position was advocated by Dr. Hazlett in 1939. The position of full disclosure to employees began to be advocated in the `30s should be made aware of what they were working with. The Dr. testifies that some parts of industry were operating under a paternalistic type of attitude and was reflected in that the medical community was working for the industry. Lemen cites Castleman's book as having documented several occasions when medical information was known by the medical department within an industry but was not necessarily given to rank and file employees. Document 6993 is referenced, the gist of which is when asbestos cloth is tom by hand, excessive ceiling concentrations of asbestos fiber are found. The above statement is made in reference to the use of a finished product in the field. For example, when one removes "a section of cloth from a roll of asbestos cloth." Lemen has no idea whether this document is applicable to the asbestos cloth at issue in this case. Lemen does not know the potential life of the type of blanket referenced in his timeline. Lemen does not know whether Marinite is present at all in the Lone Star Steel facility. On to document 7418, and the year 1975. In determining whether a company that had violated OSHA regulations a limited number of times had substandard industrial hygiene / occupational medicine practices, Dr Lemen feels that one must judge a companies hygiene program based on individual violations and how they related to the overall company program. Page 118 The frequency of inspections of a particular company may not be an accurate gage of how severe a violation is. This is because OSHA is under staffed and often patterns its inspections toward dangerous industries. OSHA hopes that industries will meet the regulations and apply their own safety programs. On to document 7457. Page 119 Document 7457 in re Westinghouse's occupational medicine program as of March 10, 1976. This document shows that Westinghouse was aware that asbestos-containing products could pose health hazards and that they were looking for substitute materials. At this point, Atty observes that Westinghouse was making an attempt to move from level two to level 1 of Lemen's industrial hygiene hierarchy. Page 120 Document 7016 is another internal Westinghouse memo showing that Westinghouse was making a continuing effort to find suitable replacements. As of 1976, the industry was still struggling to find adequate substitutes. Page 121 Document 7009, January 12, 1976. This document makes reference to the need to measure employee exposure to asbestos. Page 122 OSHA violations have degrees of severity. Document 6998 references warning labels and Westinghouse's concerns of employee panic once the labels are used. Also, this document shows Westinghouse's desire to delay the use of warning labels as long as possible. Page 123 Lemen acknowledges that document 6998 could be read in different ways without knowing all the facts. It is only a one-page document. Page 124 Document 7010 again presents the problem of not knowing the exact meaning of a document without possessing the backup information. Page 125 7010 shows Westinghouse reaction to OSHA's standard "dropped down" to two fibers. It shows Westinghouse's concern that they were not going to be able to meet the July 1, 1976 standard. Page 126- 127 Lemen acknowledges that there is a "balancing of risks" involved with products sometimes. With a flame-retardant product, you have the risk of fire if it is not used and the risk of asbestos hazards if it is used. This is an ethical dilemma. Page 128 Lemen feels that employee safety must be a group effort joining government, employers, and the industry itself. Reference is made to the Bates stamp in which the engineering department seeks permission from NES to use a nonasbestos insulating material on these units. Page 129 Document 7023 is a 1978 document regarding a few Workers' Compensation claims. Page 130 The filing of WC claims doesn't necessarily mean that hygiene practices are not up to par - exposure could have taken place in the past. Document 7023 shows that WC claims had been filed and although the feeling was that Westinghouse was in compliance, they wanted to examine their practices to make sure. Dr Lemen disagrees with the statement, extracted from 7023, "Asbestos was considered relatively safe until the early `70s." Page 131 Atty asks Lemen whether asbestos was a toxic material by the 1940 definition of toxic material. Lemen doesn't necessarily answer this question but he does classify it as a toxic substance. In terms of defining things like toxin, Lemen states that he would start with Webster's dictionary and then move on to chemical dictionaries such as Stedman's. Page 132 When researching epidemiology, Dr Lemen will refer to Stedman's or Merck Chemical Index, and textbooks suck as Casserett, Doull, Hamilton and Hardy, and Proctor and Hughes. Page 133 On to the February 13, 1979 document. This document is in response to an order being placed for 35#s of asbestos. Lemen's interpretation of the document is that the writer had the feeling that if Westinghouse continued to buy asbestos, government agencies would be able to track it. Page 134 It would not have been illegal in 1979 to purchase 35 pounds of asbestos pow'der. Lemen can not read any improper behavior by Westinghouse into the letter. Page 135-137 Lemen knows nothing about Lone Star Steel other than it is a large steel company and some unions represent different factions of workers. He knows next to nothing about the Lone Star Steel case and has no plaintiff specific information. Page 138 Lemen knows that the Texas threshold limit value of 5 million particles was enacted in 1958. Page 139 Reference is made to page 12 of Lemen's CV and "Cancer-Related Problems in the Metals Industry" and other papers that Atty would like to see. Page 140-145 These pages of the deposition are dedicated to listing the presentations and publications by Dr. Lemen that Atty would like to get his hands on. Lemen has done timelines for USX, USS and Westinghouse. Lemen has done no studies of organizations or industry affiliations within the steel making industry except, of course, the Chemical Manufacturers Association and how they relate vinyl to chloride. Page 146 147 USX would be one company that Lone Star Steel could be expected to look to for standards in production. USX could also be looked to for medical standards. Dr. Merrill Bundy was the medical director at USX. United States Steelworker's Union has an internal magazine that may be read throughout the industry. Page 148 Westinghouse's internal documents would not have been made available to the steel industry but all general medical information would have been available to the steel industry. Page 149 Lemen does not think that unions would have had access to the information as being disseminated by the Industrial Hygiene Foundation. He does think that the steelworkers union had a strong health and safety program and worked closely with the steel industry in sharing medical information as of the early `70s. Page 150 Although Dr. Lemen is not aware of whether the merged AFL-CIO is comparable to the Industrial Health Foundation or other industry related organizations in providing health information to unions and workers but he is aware of the fact that they had health and safety department. Page 151 Reference is made to the Survey of Asbestiform Minerals that Lemen prepared. Page 152 Each of the substances addressed in the Survey are mineralogically different. The serpantine family has one asbestiform fiber that's of commercial use, that being chrysotile. The amphibole family has six of basically commercial use. Each of these has a different chemical formula. They are shaped differently and behave differently when confronted with moving air currents. They are different chemically and in terms of morphology. Dr. Lemen knows Lewis Crowley. He hired Lemen into Public Health Service. Page 153 Lewis Crawley lives in Cincinnati. In 1970. Lewis Crawley was doing research into the issue of metal content and its reflection into the carcinogenicity of fibers. Page 154 In the 1970s Lewis Crawley thought that this was a viable hypothesis. As far as epidemiological studies that can be relied upon in drawing conclusions about the risk of lung cancer in the steelmaking industry, the study performed by Carol Redmond and Bill Lloyd form Pitt well respected. Page 155 Page 156 Page 157 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 The Redmond and Lloyd study was entitled Long Term Mortality Study of Steelworkers. It was published in the Journal of Occupational Medicine. The location of the worker within the steel mill is an important factor to measure risks and to have a valid study. Duration of work would also be an important factor as would opportunity for latency. Smoking is an important factor to consider when doing a study involving lung cancer. Examination by Attorney Gustafson The two-page report concerning Pittsburgh Coming Corporation does not express new opinions. It is a summary of documents that have been provided to counsel before. Lemen has received no additional documents regarding Pittsburgh coming for these cases. The report is attached as Exhibit 60. The Dr. feels that the Industrial Health Foundation [IHF] has been an important organization in the development of knowledge. However, the organization has not always released information on a timely basis. It has been an important source of information from the thirties to the present. If the I HF had been releasing all the information that they should have, in a timely manner, it may have made a difference in the early prevention of medicine. The IHF has been labeled by some as a creature of industry. Lemen's opinion on why the IHF failed to release information on a timely basis was that there was a motivation on the part of the IHF to control how the information was presented. Gustafson questions Lemen about where Castleman got the quote that IHF was the "drabbing slut of industry." Lemen does not know. Lemen's opinion is that IHF's practice of distributing medical summaries was not harmful. The Dr. thinks that there were some IHF summaries that were not generally available in medical and scientific literature. Gustafson presents the question of whether there were summaries on asbestos health hazards that were presented to the IHF but not to the general community. Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 The process of making steel in the 40s, 50s, 60s, and 70s was a process that created a lot of heat. Heat exhaustion and the effects of heat stress were perceived as one of the most significant industrial health problems of steel millwork. Heat rises, hot air rises, and most steel mills are constructed so as to allow hot air to escape through the roofs that cover the furnaces or the milling and molding devices. Because asbestos fiber is suspended in the air, some would be expected to escape out of the roof of the mill along with the hot air. The first text in Lemen's collection to advocate the use of protection from industrial dust came out in the 1930s. Thomas Oliver's 1902 text talked about dust hazards. To Lemen's knowledge, none of the texts in his collection advocate the banning of asbestos-containing products in the steel mill setting. Dr. Lemen can not put a date on when the government occupational community and industrial hygiene community determined that asbestoscontaining products could not be used safely in a setting such as a steel mill. Examination by Mr. Wittie Dr. Lemen has produced no timelines regarding Morgan Engineering or any timelines regarding the crane industry in general. The Dr. is unaware of any overhead crane companies being involved in the IHF. Dose-response relationship means the higher the dosage of toxic material, the higher the risk of developing the disease, the lower the dose, and the lesser the chance. Dosage is a concentration to which an individual is exposed. Both the amounts of asbestos fibers present in the breathing zone as well as the duration of time the person is exposed are important factors in determining the risk. There are several other factors m, some of which are listed on page 174, that go into determining dosage. The Dr. has formed no opinions with respect to the availability of a substitute for asbestos in braking products. Papers by Lorimer and Rohl address the dust concentrations coming from brakes during various stages of operation. The papers pertain to brakes in normal operation as well as to persons working with those brakes in repair functions. Recross-Examination by Mr. Gustafson Page 177 Lemen asserts that by 1930 industrial consumers should have been aware of the health hazards pertaining to the disease asbestosis, by the mid 50s they should have been aware of the cancer causing ability of asbestos, and by the early 60s they should have been aware of the disease mesothelioma. Lemen stops short of giving an opinion on when they should have stopped purchasing asbestos because the risk may have been lessened by applying the proper engineering controls and hygiene methods. The same time periods apply to when steel mills should have looked into engineering controls and insisted on the use of respirators. Page 178-180 Closing ceremonies. RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 1 1 MASTER FILE NO. 1 2 3 IN RE: LONE STAR STEEL MILL ) ) 4 TOXIC TORT LITIGATION ) ) 5 APPLICABLE TO: ALL CASES ) ) 6) IN THE DISTRICT COURT OF MORRIS COUNTY, TEXAS 76TH JUDICIAL DISTRICT 7 8 9 10 11 The deposition of RICHARD A. LEMEN, Ph.D., 12 taken on behalf of the Defendants pursuant to Notice 13 and agreement of Counsel, in accordance with the 14 Texas Rules of Civil Procedure before Daniel M. 15 Gershwin, Certified Court Reporter and Notary Public, 16 at the Gwinnett Place Marriott, 1775 Pleasant Hill 17 Road, Duluth, Georgia, on the 15th day of July, 1999, 18 commencing at the hour of 10:12 a.m. 19 20 21 22 23 WHEELER REPORTING COMPANY, INC. 24 1600 Northside Drive, Suite 250 Atlanta, Georgia 30318 25 (404) 351-4577 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 1 INDEX 2 Exhibits Page Line 3 Defendants'Exhibit No. 1....................... 13 10 (Asbestos Timetables & Their Relevance 4 to Westinghouse) 5 Defendants'Exhibit No. 2....................... 18 25 (Document entitled Asbestos: 753 = 151 6 Abstracts) 7 Defendants'Exhibit No. 3.......................22 10 (Document entitled Asbestos: 752= 1170 8 Abstracts) 9 Defendants' Exhibit No. 4....................... 23 11 (Document entitled IHF Membership Lists) 10 Defendants'Exhibit No. 5.................... 23 22 11 (Document entitled Corporate Industrial Hygiene dated July 7, 1981) 12 Defendants' Exhibit No. 6.................... 24 4 13 (Document entitled Buffalo Large Motor Division dated October 19, 1976) 14 Defendants'Exhibit No. 7.................... 24 9 15 (Document entitled Kansas City Works dated February 2, 1953) 16 Defendants'Exhibit No. 8........................24 14 17 (Document dated February 5, 1973) 18 Defendants'Exhibit No. 9....................... 24 19 (Document dated March 6, 1970) 19 Defendants'Exhibit No. 10 ................. 24 25 20 (Document dated January 26, 1976) 21 Defendants'Exhibit No. 11.................... 25 5 (Document dated November 11, 1973) 22 Defendants'Exhibit No. 12.....................25 10 23 (Document dated May 15, 1973) 24 Defendants'Exhibit No. 13 ................. 25 20 (Document dated May 7, 1973) 25 1 Exhibits (cont.) Page Line 2 Defendants'Exhibit No. 14 ................ 25 25 (Document dated November 9, 1984) 3 Defendants'Exhibit No. 15.................. 26 7 4 (Document dated February 16, 1973) 5 Defendants'Exhibit No. 16................26 12 (Document dated July 7, 1981) 6 Defendants'Exhibit No. 17 ................ 26 25 7 (Document dated March 26, 1980) 8 Defendants'Exhibit No. 18..................27 8 (Document dated January 26, 1984) 9 Defendants'Exhibit No. 19.................. 27 16 10 (Document dated March 10, 1976) 11 Defendants' Exhibit No. 20 ................ 27 23 (Letter from Ronald G. Ingham to Wayne 12 Brooks dated October 21, 1975) 13 Defendants'Exhibit No. 21.................. 28 4 (Excerpt from the September 1957 edition 14 of Power magazine) 15 Defendants'Exhibit No. 22 ................ 28 13 (Document dated February 16, 1973) 16 Defendants'Exhibit No. 23 ................ 28 22 17 (Westinghouse Electric Corporation's Responses to all Plaintiffs' Joint 18 Interrogatories Directed to all Defendants Concerning State of the Art and Other 19 Non-Product Identification Issues) 20 Defendants'Exhibit No. 24 ................ 29 2 (Westinghouse Electric Corporation's 21 Second Supplemental Responses to Plaintiffs' Joint Interrogatories and Request for 22 Production of Documents Concerning Product Identification to All Defendants) 23 Defendants' Exhibit No. 25 ................ 29 22 24 (Document entitled Summary of Westinghouse Compliance to EPA TSCA 8a) 25 2 1 Exhibits (cont.) Page Line 2 Defendants'Exhibit No.26 .................. 29 15 (Document dated February 26, 1976) 3 Defendants'Exhibit No. 27 ................. 30 5 4 (Document dated November 9, 1984) 5 Defendants'Exhibit No.28 .................. 30 10 (Document entitled Westinghouse Electric 6 Corporation's Exhibits, WEC 63) 7 Defendants'Exhibit No.29 .................. 30 16 (Document entitled Keene Insulation 8 Contracting Division dated July 2, 1971) 9 Defendants'Exhibit No. 30 .................. 30 21 (Document entitled Process Specification, 10 Attaching Thermal Insulation Sheeting to the Inside of Turbine Sheet Steel Cover 11 Jackets) 12 Defendants'Exhibit No. 31..................... 31 1 (Document entitled Process Specification, 13 Application of Block and Plastic Insulation) 14 Defendants'Exhibit No. 32..................... 31 6 (Document entitled Process Specification, 15 Application of Sheet Insulation) 16 Defendants'Exhibit No. 33..................... 31 16 (Document dated June 11, 1954) 17 Defendants'Exhibit No. 34................. 31 22 18 (Document entitled Evaluation of Asbestos Exposures at the North Loop Turbine 19 Number 1 Facility from March 27 through April 11, 1979) 20 Defendants'Exhibit No. 35 ................. 32 2 21 (Document dated May 15, 1973) 22 Defendants' Exhibit No. 36 ................. 32 8 (Document entitled Summary dated March 23 30, 1972) 24 25 1 Exhibits (cont) Page Line 2 Defendants'Exhibit No. 37 ............ 32 19 (Johns-Manville internal correspondence 3 from Dr. George Wright to H. Moreno dated 20 August 1973) 4 Defendants'Exhibit No. 38 ................ 32 24 5 (Johns-Manville internal correspondence from D. R. Christensen to P. L. Earle 6 dated April 11, 1974) 7 Defendants'Exhibit No. 39 ................ 33 4 (Johns-Manville internal correspondence 8 from P L. Earle to J. Keal dated December 8, 1973) 9 Defendants'Exhibit No. 40 ... 33 9 10 (Johns-Manville internal correspondence from D. R Christensen to P. L Earle 11 dated December 14, 1973) 12 Defendants'Exhibit No.41....................33 17 (Document entitled Engineering Information) 13 Defendants'Exhibit No. 42 ................ 33 23 14 (Document dated November 19, 1987) 15 Defendants'Exhibit No 43 .................. 34 4 (Document entitled Introduction) 16 Defendants' Exhibit No44 .................. 34 9 17 (Handwritten document) 18 Defendants'Exhibit No 45 .................. 34 15 (Handwritten document) 19 Defendants'Exhibit No. 46 ................ 34 20 20 (Document entitled Proposed 1988 Objectives for Industrial Hygiene) 21 Defendants'Exhibit No 47 ................ 34 25 22 (Rough draft memo from Jeffrey J. Bair to Wayne Bickerstaff dated January 22, 1988) 23 Defendants' Exhibit No. 48 ................ 35 5 24 (Document dated March 8, 1988) 25 4 5 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 1 Exhibits (cont.) Page Line 2 Defendants'Exhibit No. 49 ................. 35 20 (Handwritten document) 3 Defendants' Exhibit No. 50 ................. 35 25 4 (Document dated January 29, 1988) 5 Defendants'Exhibit No.51..................... 36 5 (Documents dated 3/1/88 and March 8, 1988) 6 Defendants'Exhibit No. 52 ................. 36 10 7 (Document entitled Citation and Notification of Penalty) 8 Defendants'Exhibit No. 53 ................. 36 19 9 (Document dated July 25, 1980) 10 Defendants'Exhibit No.54 .................. 36 24 (Letter from George D. Clayton to Paul 11 Tuttle) 12 Defendants'Exhibit No.55 .................. 37 4 (Letter from Wilbur Speicher to Glenn O. 13 Dobbins) 14 Defendants'Exhibit No.56 .................. 37 10 (Letter from R. P. Griffenhagen to M. J. 15 Marchyn dated October 19, 1976) 16 Defendants'Exhibit No.57.....................41 12 (Curriculum Vitae of Richard A. Lemen, 17 Ph.D.) 18 Defendants'Exhibit No.58 .................. 42 1 (Letter from Richard A. Lemen to Craig 19 Begal dated June 14, 1999) 20 Defendants'Exhibit No.59.................... 151 7 (Document entitled Survey of Asbestiform 21 Minerals) 22 Defendants' Exhibit No. 60 .................. 160 25 (Document entitled Pittsburgh-Coming 23 Corporation, Report of Richard A. Lemen, Ph.D.. 9 June 1999) 24 Defendants'Exhibit No. 61................. 178 10 25 (Collection of miscellaneous documents) 1 APPEARANCES OF COUNSEL: 2 On behalf of the Plaintiffs: 3 NELSON J. ROACH, Esquire Nix, Patterson & Roach 4 205 Linda Drive Daingerfield, Texas 75638 5 6 On behalf of the Defendant CBS Corporation f/k/a Westinghouse Electric Corporation: 7 MICHAEL N. WEATHERSBY, Esquire 8 Evert Sc Weathersby 3405 Piedmont Road, N.E. 9 Suite 225 Atlanta, Georgia 30305 10 11 On behalf of the Defendant Pittsburgh Coming Corporation: 12 IVAN A. GUSTAFSON, Esquire Blasingame, Burch, Garrard, Bryant Sc Ashley 13 P.O.Box 832 440 College Avenue North 14 Athens, Georgia 30603 15 On behalf of the Defendant Morgan Engineering: 16 S. VANCE WITTIE, Esquire 17 Strasburger & Price, L.L.P. Suite 4300 18 901 Main Street Dallas, Texas 75202 19 20 Also Present (via telephone): 21 JACK TIERNEY, Esquire Goldberg, Persky, Jennings Sc White, P.C. 22 1030 Fifth Avenue Pittsburgh, Pennsylvania 15219 23 24 25 1 Examinations 2 Cross-Examination . . (By Mr. Weathersby) 3 Cross-Examination . . 4 (By Mr. Gustafson) 5 Cross-Examination . . (By Mr. Wittie) 6 Recross-Examination. 7 (By Mr. Gustafson) 8 Recross-Examination. (By Mr. Weathersby) 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page Line 10 16 158 22 171 14 176 . 178 5 16 1 THE COURT REPORTER: Pursuant to the 2 disclosure law, I was retained for this 3 deposition by the Defendants. I have no 4 contracts with anyone, and you all are being 5 charged our usual and customary rates for this 6 deposition. 7 -- 8 RICHARD A. LEMEN, Ph.D., 9 having been first duly sworn, was deposed and testified as 10 follows: 11 MR. WEATHERSBY: This will be the 12 deposition of Dr. Richard A. Lemen. 13 And I understand this deposition is being 14 taken in conjunction with a case pending in is 15 it Morris County, Texas? 16 MR. ROACH: (Nods head affirmatively.) 17 MR. WEATHERSBY: And will be taken 18 pursuant to the Texas Rules of Civil Procedure. 19 I don't know if you have local 20 stipulations. I know you have Texas rules 21 governing how objections are to be made. And I 22 would propose that other than those objections 23 you're required to make, which would be form 24 and responsiveness, that objections going to 25 the substance are reserved until the deposition WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 10 1 is used in any trial or for hearing or whatever 2 purpose in the case. 3 MR. ROACH: (Nods head affirmatively.) 4 MR. WEATHERSBY: And at the conclusion of 5 the deposition, Dr. Lemen, we'll be asking if 6 you want to read and sign the deposition. I 7 don't remember what your preference is on that. 8 DR. LEMEN: Usually not but we'll see. 9 MR. WEATHERSBY: Well, let's put it this 10 way. If we don't get some contrary direction, 11 we'll go with your usual rule on that. 12 DR. LEMEN: Is that all right? 13 MR. ROACH: That's fine. 14 THE COURT REPORTER: I'll e-mail you a 15 copy of the deposition anyway, Doctor. 16 CROSS-EXAMINATION 17 BY MR. WEATHERSBY: 18 Q Doctor, I'm here representing CBS, Inc. And 19 the interests they have in this relates to Westinghouse. 20 And 1 understand that you have issued a report entitled 21 Asbestos Timetables & Their Relevance to Westinghouse; is 22 that correct? 23 A That's correct. 24 Q Do you have a current copy of that timetable -- 25 A Yes, 1 do. 12 1 you incorporated relating to Westinghouse? 2 A The documents incorporated in the timeline I 3 obtained from an attorney by the name of Janice Savinis 4 from the Goldberg, Persky, Jennings & White law firm. 5 Q And was that relating to a case different from 6 the case that we're here today to discuss? 7 A Yes, it is. 8 Q What case was that; do you recall? 9 A It's the Eisenreich case. 10 Q And where is that pending? 11 A I think it's in -- you may have to help me on 12 the phone, but it's in Allegheny County; is that correct? 13 Q Just your best recollection is fine, Doctor. 14 And have you been deposed with reference to the 15 Eisenreich case? 16 A The case has been moved forward, and so I don't 17 think there has been any --1 don't recall having been 18 deposed yet. 19 Q Did you issue a report relating to the Asbestos 20 Timetable and their relevance to Westinghouse in the 21 Eisenreich case? 22 A Yes. 23 Q Is it different from the report that you have 24 in front of you today? 25 A It's the same report. 11 1 Q -- in your hands? 2 A It should be the same copy that you have. 3 Q All right. I'm going to use my marked-up copy 4 here to ask questions, and then we can probably ultimately 5 mark and attach your copy to the deposition since you 6 don't have my notes on yours. 7 First of all, what is this summary or 8 timetable? How would you describe this collection of 9 documents? 10 A Well, first of all, I think you have seen in 11 the past my Asbestos Timetable. I received a set of 12 Westinghouse documents in a case that I'm working on 13 besides this case, and I have incorporated those documents 14 as best I could into the existing timetable so that you 15 could see the dates as they relate to the state of the art 16 knowledge that is presented in the timetable. 17 There is also in this timetable some documents 18 pertaining to the Industrial Hygiene Foundation which are 19 also new from the timetable I think that you have seen in 20 the past. 21 Q What we'll do is we'll go through the 22 timetable. As we come -- particularly as we come to these 23 new additions, I'll have some questions for you. 24 But before we get into that, where did you 25 obtain the Westinghouse documents or the documents that 13 1 Q Identical report? 2 A Yes. 3 Q And when did you complete the preparation of-- 4 I'll tell you what. Let's go ahead and mark the thing so 5 I don't have to keep reading the whole title. We'll mark 6 this as Defendants' Exhibit No. 1, and I'll put the 7 exhibit sticker on the front page. So let's start calling 8 it Exhibit 1 now to avoid having to use up so much space 9 reading the title. 10 (Defendants'Exhibit No. 1 marked for 11 identification.) 12 Q (By Mr. Weathersby) Exhibit 1, when did you 13 complete that project? 14 A The date on the timeline is 4-23-99, so it 15 would be April 23rd,'99. And I sent it in shortly 16 thereafter. 17 Q And when did you first obtain the 18 Westinghouse-related documents from Goldberg Persky? 19 A I don't know the exact date, but it was either 20 late in 1998 or early in 1999. 21 Q And did you receive any instruction from 22 Goldberg Persky or any other plaintiffs' lawyer relating 23 to the preparation of the Westinghouse portion? 24 A I was asked - 25 MR. TIERNEY: Just a second, Doctor. WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 14 16 1 At this time, we would interpose an 2 objection that that would be covered, at least 1 there's a determination made by the trial judge 2 as to whether this is an improper instruction 3 in Pennsylvania, by the work product exception 3 that you're giving to Dr. Lemen. We've got 4 and the -- giving confidentiality to 4 other lawyers here, and I don't know if they're 5 communications between expert and counsel. 6 Q (By Mr. Weathersby) You can answer under the 7 Texas rules. 8 MR. TIERNEY: Well, we would oppose him 9 answering unless you can get a determination 10 that you can inquire into work product 11 conversations in another lawsuit. It's highly 12 irrelevant to your case. I mean -- 13 MR. WEATHERSBY: I think that the burden 14 is probably on the person raising the objection 15 to get a protective order, and I'm going to ask 16 for him to answer the question. 17 MR. TIERNEY: Well, yeah. But I'm in a 18 position where I can't get a protective order 19 if you suddenly pop the question out. I mean, 20 let's use common sense. Your inquiry into what 21 transpired between Dr. Lenten and someone in 22 this firm is completely irrelevant to your 23 case. I don't know that you could inquire of 24 Dr. Lemen's conversations with Nelson Roach, 25 but you certainly can't inquire into 5 willing to enter into a similar reservation of 6 rights. 7 Certainly your objection is not well 8 founded in the state of Georgia where this 9 deposition is physically taking place, and from 10 my best recollection of what work I've done in 11 Texas it's not well founded there either. 12 Does anybody else want to add anything to 13 that? 14 MR. ROACH: Well, it would not be a valid 15 objection in Texas. 16 MR. WEATHERSBY: That was Mr. Roach. 17 MR. TIERNEY: Well, I don't think that 18 it's our position that communications between 19 our firm and Dr. Lemen have anything to do with 20 your lawsuit. 21 MR. WEATHERSBY: Your position has been 22 made very clear. 23 Okay. We'll take that up with the judge 24 in Texas and see if we get another shot at it. 25 Q (By Mr. Weathersby) Doctor, were you given 15 17 1 conversations between our firm -- 1 documents at the time you received these Westinghouse 2 MR. WEATHERSBY: I understand your 2 documents referenced in Exhibit 1 that are not referenced 3 position, and I'm insisting on an answer. You 3 in the timetable? 4 know, I don't know that you even have standing 4 A I have some documents here, some of which I've 5 to make an objection here. 5 obtained from Mr. Roach's firm, and documents that I've 6 It's certainly relevant because it may 6 obtained from Goldberg Persky relevant to the Industrial 7 well have a bearing on the conclusions that 7 Hygiene Foundation. But they are abstracts of what was 8 Dr. Lemen ultimately reached. 8 sent out, and they are not individually because there's 9 MR. TIERNEY: Well, I don't think it does. 9 several thousand of those documents referenced in the 10 And I'm instructing Dr. Lemen -- you know, you 10 timeline. 11 can choose to follow my instruction or not 11 (Whereupon, there was an interruption in the 12 because I'm not your counsel for this 12 proceedings.) 13 deposition, but I'm instructing you, Dr. Lemen, 13 (Discussion held off the record.) 14 based on our working relationship vis-a-vis our 14 Q (By Mr. Weathersby) Okay, Dr. Lemen. You've 15 firm and you as an expert testifying in the 15 got a stack of documents in front ofyou there that appear 16 Eisenreich case. I'm instructing you not to 16 to be about, what, 10 inches tall. And I think what we 17 answer questions about communications between 17 probably should do is as we go down the stack explain to 18 our firm and yourself referring to a report. 18 me what they are. 19 MR. WEATHERSBY: Okay. You're putting 19 And before we do that -- now, yesterday I 20 Dr. Lemen in a very difficult position here 20 received from your office a collection of documents that 21 because you're giving him instructions contrary 21 you had copied for me. The first page on the cover is it 22 to the law in the jurisdiction where he's 22 looks like the cover to a brochure entitled Westinghouse 23 testifying. 24 I think what I'm willing to do at this 25 point is I will reserve these questions until 23 Flexible Insulating Materials? 24 A The documents that I copied and sent to you are 25 the documents that are referenced in my timeline as WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 18 1 pertaining specifically to Westinghouse. 2 Q All right. So what we have in the collection 3 that I got were the documents that I would find that have 4 been added to the timeline that is now Exhibit 1; correct? 5 A That's correct. And they should be in the same 6 chronological order as they appear in the timeline. 7 Q All right. That's fine. 8 Now, what do you have in your stack separate 9 and apart from the documents that you provided to me? 10 A I have three documents that represent abstracts 11 of asbestos articles that were abstracted by the 12 Industrial Health Foundation. 13 Q Would you pass that one over, please. 14 A One is 151 abstracts, another one with the same 15 number, and another one with 1170. 16 Q And I think just for completeness we probably 17 are going to need to mark those as well. Let's mark them. 18 And if you would, at the conclusion of the deposition 19 we'll make arrangements for how to get the copying and so 20 forth like we've done in the past. 21 The first is the Asbestos: 753 = 151 Abstracts 22 on the title. And I'm going to affix the label 23 Defendants' Exhibit No. 2 to the upper right-hand corner 24 of that document. 25 (Defendants' Exhibit No. 2 marked for 20 1 Foundation. But there's no correspondence or 2 attorney-privileged letters or anything of that 3 nature. 4 MR. WEATHERSBY: Okay. Who's the 5 gentleman on the phone? 6 MR. TIERNEY: Mr. Jack Tierney. 7 Q (By Mr. Weathersby) Dr. Lemen, does 8 Mr. Tierney represent you? 9 A Well, in the Eisenreich case. 10 Q He represents you in that case? 11 A Well, the attorney I've been working with is 12 Janice Savinis, and he works with her. 13 MR. WEATHERSBY: And Mr. Tierney, who is 14 it that you represent with reference to the 15 Lone Star Steel case? 16 MR. TIERNEY: I don't represent anyone in 17 the Lone Star Steel case. 18 MR. WEATHERSBY: Okay. I would appreciate 19 if you would not interrupt the deposition. 20 You're being permitted to listen in as a 21 courtesy. But we're trying to get on with the 22 deposition. 23 And if we continue to be interrupted, 24 we're going to have to get on the phone to the 25 judge because so far we've gotten nowhere 19 1 identification.) 2 Q (By Mr. Weathersby) Do you see where I've 3 attached that? 4 A Yes. 5 Q And that's Exhibit 2. 6 MR. TIERNEY: Can I just ask if the doctor 7 could explain again what Exhibit 2 is. 8 THE WITNESS: Exhibit 2 are the abstracts 9 that are in folders that I received from your 10 office that deal with the Industrial Health 11 Foundation. And they are simply usually two 12 abstracts a page of articles dating back to the 13 beginning of the Industrial Health Foundation 14 that pertain to asbestos that were available to 15 member companies of the Industrial Health 16 Foundation. 17 MR. TIERNEY: And you're not turning over 18 anything to the counsel for the defendant 19 Westinghouse, now known as CBS, that involves 20 correspondence or transmittal letters or 21 anything like that? 22 THE WITNESS: There are no transmittal 23 letters and correspondence in your case. I'm 24 only turning over documents that are relevant 25 to Westinghouse or are the Industrial Health 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 largely because of discussions that you have initiated. And so I don't mind you listening in. I don't really consider you a participant in this deposition. MR. TIERNEY: Well, as long as I have from you a representation that among the documents that are going to be discussed or talked about that any attempt to put on the record by exhibit or otherwise any communications between our firm and Dr. Lemen in the Eisenreich case - MR. WEATHERSBY: I can assure you that I will not make that representation. And if you'd had an interest in looking at the documents, you need to be here. And that's all I can say. We're going forward at this point. MR. TIERNEY: Okay. Well, then I will -- I don't want to stop you from going forward. but I will instruct the doctor now, pending a determination by your judge, not to get into any communications with our firm or turn over any documents which are personal correspondence between our firm and him. THE WITNESS: This is Dick Lemen. I can assure you that there are no pieces of paper WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 22 1 that meet that -- there's no personal 2 correspondence. This is all -- nothing that 3 would identify Goldberg or any personal 4 correspondence, I guess. 5 MR. TIERNEY: Okay. Thanks, Doctor. 6 Q (By Mr. Weathersby) All right. The next 7 document that I'm going to mark is the larger stack listed 8 1170 Abstracts. And I'm going to mark that Defendants' 9 Exhibit No. 3. 10 (Defendants' Exhibit No. 3 marked for 11 identification.) 12 Q (By Mr. Weathersby) And you see where I have 13 thus marked it? 14 A Yes. 15 Q Now, as I understand, the document with the 16 binder cover that I'm handing to you now, that's the same 17 as Defendants' No. 2; correct? 18 A Let me see. I need to check that. 19 Q (Indicating.) 20 A Yeah. I stuck that in wrong. I'm sorry. 21 Q That's okay. You can actually if you need to 22 make reference to that along the way as long as they're 23 the same. 24 Okay. So in addition to the documents that you 25 provided to me yesterday, which are incorporated in the 24 1 document on asbestos. 2 Q Okay. No. 6 will be the Buffalo Large Motor 3 Division. 4 (Defendants' Exhibit No. 6 marked for 5 identification.) 6 A The Kansas City Works. 7 Q (By Mr. Weathersby) That will be No. 7, the 8 Kansas City Works. 9 (Defendants' Exhibit No. 7 marked for 10 identification.) 11 A Discussion of OSHA by the Westinghouse. 12 Q (By Mr. Weathersby) Okay. And that will be 13 marked No. 8. 14 (Defendants' Exhibit No. 8 marked for 15 identification.) 16 A This is a warning label. 17 Q (By Mr. Weathersby) Which will be marked 18 No. 9. That's a March 6, 1970, document. 19 (Defendants' Exhibit No. 9 marked for 20 identification.) 21 A Another document that talks about government 22 law and asbestos exposure. 23 Q (By Mr. Weathersby) Okay. That will be 24 No. 10. 25 (Defendants' Exhibit No. 10 marked for 23 1 timeline, you were provided Defendants' Exhibit 2 and 2 Defendants' Exhibit 3? 3 A Right. 4 Q Was there anything else that you were provided? 5 A I have IHF membership lists to -- let's see. 6 What's the first date on that one? 7 Q 1981. 8 A Yeah. So I have two copies of that. 9 Q1 And I'll mark the IHF Membership List as 10 Defendants' Exhibit 4. 11 (Defendants' Exhibit No. 4 marked for 12 identification.) 13 A Right. And that goes back from '81 to '37. 14 Q (By Mr. Weathersby) All right. Anything else? 15 A Well, I have other documents that I can I guess 16 just go through them. 17 Q Yeah. Let's do. We might as well. 18 A This is a document on corporate industrial 19 hygiene, Westinghouse, and it's a document that doesn't 20 appear in my timeline. 21 Q Okay. And we will mark that as No. 5. 22 (Defendants' Exhibit No. 5 marked for 23 identification.) 24 Q (By Mr. Weathersby) All right. 25 A The next is the Buffalo Large Motor Division 25 1 identification.) 2 A This is another document dealing with Transite 3 pipe products. 4 Q (By Mr. Weathersby) And we'll mark that 11. 5 (Defendants' Exhibit No. 11 marked for 6 identification.) 7 A This is an observation of the milling operation 8 and the asbestos cement. 9 Q (By Mr. Weathersby) Which will be No. 12. 10 (Defendants' Exhibit No. 12 marked for 11 identification.) 12 A This is -- now, you understand these are not in 13 my timeline. 14 Q (By Mr. Weathersby) I do. 15 A And this is one on accident prevention, 16 Bloomingham |sic| Works. 17 Q (By Mr. Weathersby) This will be No. 13. 18 A Isn't it Bloomingham (sic] Works? 19 Q Bloomfield Works. 20 (Defendants' Exhibit No. 13 marked for 21 identification.) 22 A Okay. Another one talking about Westinghouse 23 Building 2325 and asbestos use in insulation materials. 24 Q (By Mr. Weathersby) That will be No. 14. 25 (Defendants' Exhibit No. 14 marked for WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 26 1 identification.) 2 A Another one dealing with East Pittsburgh 3 accident prevention concerning asbestos fiber 4 concentrations reported in 1973. 5 Q (By Mr. Weathersby) Okay. That will be 6 No. 15. 7 (Defendants' Exhibit No. 15 marked for 8 identification.) 9 A Another document on Westinghouse Building 2016 10 in 1981. 11 Q (By Mr. Weathersby) That will be No. 16. 12 (Defendants' Exhibit No. 16 marked for 13 identification.) 14 A Another document in 1980 confirming a meeting 15 that was scheduled to talk about employee exposure to 16 asbestos at the Lester plant. 17 Q (By Mr. Weathersby) All right. That's No. 17. 18 A Here. This (indicating) actually goes with it. 19 I don't know how to -- I think all of these are actually 20 attachment to that. 21 Q All right. That's a multi-page exhibit. 22 MR. WEATHERSBY: Do we have a stapler here 23 by any chance? 24 (Discussion held off the record.) 25 (Defendants' Exhibit No. 17 marked for 28 1 about power and the spectacular story of energy in the 2 USA. 3 Q (By Mr. Weathersby) That will be No. 21. 4 (Defendants' Exhibit No. 21 marked for 5 identification.) 6 (Discussion held off the record.) 7 A I think this is all together, so I'm just going 8 to just leave this clip on it. 9 Q Okay. 10 A This is on accident prevention which is talking 11 about asbestos fiber concentrations. 12 Q And we'll mark that multi-page exhibit No. 22. 13 (Defendants' Exhibit No. 22 marked for 14 identification.) 15 A If you can hold one second. 16 Q (By Mr. Weathersby) Not a problem. 17 (Discussion held off the record.) 18 A This is a document on Westinghouse's response 19 to all -- to interrogatories. 20 Q (By Mr. Weathersby) Okay. That will be 21 No. 23. 22 (Defendants' Exhibit No. 23 marked for 23 identification.) 24 A This is a Westinghouse -- it's a second 25 supplemental to the first one I just gave you. 27 1 identification.) 2 Q (By Mr. Weathersby) All right. That was 3 No. 17, Doctor. 4 A Next is a 1984 letter from Buffalo talking 5 about a recent shop safety tour revealing the continued 6 use of asbestos material. 7 Q That's No. 18. 8 (Defendants' Exhibit No. 18 marked for 9 identification.) 10 A Another letter, 1976, talking about standards 11 enacted in July of 1976 by OSHA and -- I'm sorry. These 12 three. 13 Q (By Mr. Weathersby) And that would be No. 19. 14 And that's a multi-page exhibit also that we're going to 15 clip. Okay. 16 (Defendants' Exhibit No. 19 marked for 17 identification.) 18 A Next is a letter to Mr. Wayne Brooks, 19 Organization Research Counselors, Incorporated, from 20 Robert Ingham, senior attorney for Westinghouse Electric, 21 two pages that needs to be clipped. 22 Q (By Mr. Weathersby) Which will be No. 20. 23 (Defendants' Exhibit No. 20 marked for 24 identification.) 25 A Another multiple-page document which is talking 29 1 Q (By Mr. Weathersby) And that's No. 24. 2 (Defendants' Exhibit No. 24 marked for 3 identification.) 4 Q (By Mr. Weathersby) And hopefully we're 5 getting to the bottom of the stack here. We're running 6 out of clips. 7 A We are. We're just trying to put them 8 together. 9 Q Not a problem. 10 A I should have stapled these ahead of time. 11 Q Not a problem. 12 A This is another document dealing with final 13 copy of OSHA requirements, and it's multiple pages again. 14 Q And that will be No. 26. 15 (Defendants' Exhibit No. 26 marked for 16 identification.) 17 (Discussion held off the record.) 18 A Next is a summary of Westinghouse compliance 19 with Westinghouse EPA TSCA dated November 1992. 20 Q (By Mr. Weathersby) And that will be No. 25. 21 1 skipped 25. We're coming back to it. 22 (Defendants' Exhibit No. 25 marked for 23 identification.) 24 Q (By Mr. Weathersby) Okay. Next? 25 A This is an inquiry about an internal memo from WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 30 1 Westinghouse Building 1558, reply to inquiry about 2 asbestos in Westinghouse products and facilities, and it's 3 dated November 1984. 4 Q And that will be 27. 5 (Defendants' Exhibit No. 27 marked for 6 identification.) 7 A This is a table of different product grades 8 from Westinghouse. 9 Q (By Mr. Weathersby) And that will be No. 28. 10 (Defendants' Exhibit No. 28 marked for 11 identification.) 12 A The next is a document pertaining to Keene 13 Insulation Contracting Division, a report to Westinghouse, 14 1971. 15 Q (By Mr. Weathersby) That will be No. 29. 16 (Defendants' Exhibit No. 29 marked for 17 identification.) 18 A Next is a Process Specification sheet on 19 thermal insulation dated 1946. 20 Q (By Mr. Weathersby) No. 30. 21 (Defendants' Exhibit No. 30 marked for 22 identification.) 23 A The next document pertains to application of 24 block and plastic insulation instructions. 25 Q (By Mr. Weathersby) No. 31. 32 1 Q (By Mr. Weathersby) That will be 35. 2 (Defendants' Exhibit No. 35 marked for 3 identification.) 4 A The next is a materials evaluation pertaining 5 to Johns-Manville Thermobestos fiber release, the date on 6 the cover. 7 Q (By Mr. Weathersby) No. 36. 8 (Defendants' Exhibit No. 36 marked for 9 identification.) 10 A And 1 think this one got copied twice. We'll 11 check. I'm going to set it to the side, but I think I've 12 already given it to you. We can check, and if I haven't, 13 we will. 14 Q (By Mr. Weathersby) All right. 15 A Next is internal correspondence in 16 Johns-Manville talking about amosite exposure from 17 Marinite. 18 Q That will be No. 37. 19 (Defendants' Exhibit No. 37 marked for 20 identification.) 21 A The next is also Johns-Manville talking about 22 Marinite. 23 Q (By Mr. Weathersby) No. 38. 24 (Defendants' Exhibit No. 38 marked for 25 identification.) 31 1 (Defendants' Exhibit No. 31 marked for 2 identification.) 3 A Next is a Process Specification, Application of 4 Sheet Insulation instruction sheet. 5 Q (By Mr. Weathersby) That will be 32. 6 (Defendants' Exhibit No. 32 marked for 7 identification.) 8 (Discussion held off the record.) 9 A Next is a document talking about asbestos cloth 10 being cut and sawed and air samples, 1954. 11 Q (By Mr. Weathersby) That will be No. 33. 12 A What's the date on that? 13 Q June 11, 1954. 14 A This goes with that. I'm sorry. 15 Q It has an attachment. 16 (Defendants' Exhibit No. 33 marked for 17 identification.) 18 A This is a report on the Evaluation of Asbestos 19 Exposures at the North Loop Turbine Number 1 Facility, and 20 it goes through '79. 21 Q (By Mr. Weathersby) That's Exhibit 34. 22 (Defendants' Exhibit No. 34 marked for 23 identification.) 24 A The next is a follow-up letter talking about 25 asbestos cement products and usage. 33 1 A This is talking about Marinite and dust 2 control. 3 Q (By Mr. Weathersby) No. 39. 4 (Defendants' Exhibit No. 39 marked for 5 identification.) 6 A Another document from Manville talking about 7 the sawing of Marinite. 8 Q (By Mr. Weathersby) That will be 40. 9 (Defendants' Exhibit No. 40 marked for 10 identification.) 11 A We're almost done. 12 Q (By Mr. Weathersby) Okay. 13 A This is a document pertaining to JM refractory 14 products and talking about how hand-powered tools are used 15 extensively in the field to work Marinite sheets. 16 Q That will be 41. 17 (Defendants' Exhibit No. 41 marked for 18 identification.) 19 A This is another document pertaining to a review 20 of documents at industrial hygiene, and it talks about the 21 industrial hygiene files and how they're kept. 22 Q (By Mr. Weathersby) That will be No. 42. 23 (Defendants' Exhibit No. 42 marked for 24 identification.) 25 A This is another document pertaining to a review WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 34 1 of and inventory of the files which are present in the 2 industrial hygiene department. 3 Q (By Mr. Weathersby) That will be No. 43. 4 (Defendants' Exhibit No. 43 marked for 5 identification.) 6 A This is a Westinghouse document talking about 7 Marinite. 8 Q (By Mr. Weathersby) That will be No. 44. 9 (Defendants' Exhibit No. 44 marked for 10 identification.) 11 A This is a document which is a brief summary of 12 an hour and 45-minute telephone conference meeting with 13 headquarters concerning asbestos. 14 Q (By Mr. Weathersby) No. 45. 15 (Defendants' Exhibit No. 45 marked for 16 identification.) 17 A This is a document dealing with the objectives 18 of the -- industrial hygiene objectives for the company. 19 Q (By Mr. Weathersby) That will be No. 46. 20 (Defendants' Exhibit No. 46 marked for 21 identification.) 22 A Another document pertaining to the industrial 23 hygiene files. 24 Q (By Mr. Weathersby) No. 47. 25 (Defendants' Exhibit No. 47 marked for 36 1 identification.) 2 A Another document talking about retention of 3 files. 4 Q (By Mr. Weathersby) We'll mark that 51. 5 (Defendants' Exhibit No. 51 marked for 6 identification.) 7 A This is a citation and notification of penalty, 8 1992. 9 Q (By Mr. Weathersby) We'll mark that 52. 10 (Defendants' Exhibit No. 52 marked for 11 identification.) 12 (Discussion held off the record.) 13 A This is another larger document to the 14 personnel relations managers talking about the OSHA 15 standard and their compliance with. 16 Q (By Mr. Weathersby) No. 53. 17 MR. WEATHERSBY: Is that right, Danny? 18 THE COURT REPORTER: Yes. 19 (Defendants' Exhibit No. 53 marked for 20 identification.) 21 A The next is an evaluation for Westinghouse of 22 industrial hygiene by George D. Clayton & Associates. 23 Q (By Mr. Weathersby) Which will be No. 54. 24 (Defendants' Exhibit No. 54 marked for 25 identification.) 35 1 identification.) 2 A This is a document talking about retention 3 guidelines of industrial hygiene files. 4 Q (By Mr. Weathersby) That will be No. 48. 5 (Defendants' Exhibit No. 48 marked for 6 identification.) 7 A And I don't know that this is really of any 8 relevance, but it is something that was in my files 9 so -- (pause). It's really not of relevance to me. 10 Q (By Mr. Weathersby) It was not anything that 11 you considered in forming your opinions? 12 A No. Because I can't read it. 13 Q We'll set that aside for right now. 14 MR. ROACH: This (indicating) all goes 15 together? 16 THE WITNESS: Yeah. 17 A And this is another document pertaining to the 18 files in the industrial hygiene department. 19 Q (By Mr. Weathersby) We'll mark that 49. 20 (Defendants' Exhibit No. 49 marked for 21 identification.) 22 A Again, another document pertaining to 23 industrial hygiene files. 24 Q (By Mr. Weathersby) We'll mark that 50. 25 (Defendants' Exhibit No. 50 marked for 37 1 A The next is a document dealing with liability 2 and contractors at the Kansas City Works. 3 Q (By Mr. Weathersby) No. 55. 4 (Defendants' Exhibit No. 55 marked for 5 identification.) 6 A And finally the last in this stack is an 7 internal memorandum from the Buffalo Large Motor Division 8 concerning application worksheets and asbestos exposure. 9 Q (By Mr. Weathersby) That will be No. 56. to (Defendants' Exhibit No. 56 marked for 11 identification.) 12 A And the one document that I held aside was one 13 of the earlier ones I gave you. We can check later. 14 Q (By Mr, Weathersby) Okay. That's fine. 15 A We can put it in this file right here 16 (indicating). 17 Q We'll put it in the -- 18 A But I think it's a duplicate -- 19 Q -- yet-to-be-determined file. 20 A ~ of what I've given you already. 21 Q Now, let's back up, if we can, and see if we 22 know where we are or if I know where we are. 23 We have marked documents 4 through 56. And 24 those are the ones we've been going through the process in 25 the last few minutes. And these are documents that were WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 38 1 provided to you but are not reflected in your timetable. 2 A Yes. Many of those documents were provided by 3 Mr. Roach's firm to me in this case. 4 Q Is there anything that you can tell me about 4 5 through 56 as to why these are not reflected in your 6 timetable? And I ask it that way just to see the extent 7 to which we need to deal with them. 8 A Well, they're relevant to a certain extent, but 9 they're not incorporated into my timetable because I 10 didn't change my timetable from the previous documents 11 that I had. So these are documents that are in addition 12 to documents that are in here that I was given to read but 13 I didn't feel the necessity to put them in my timetable. 14 Q And as I understand - and don't let me 15 mischaracterize what you're saying, but let me see if I 16 can bounce back to you what I think you're saying. 17 These are documents, some of which you consider 18 to be relevant to your consideration but none of which you 19 felt would have changed the timetable sequencing or that 20 would have made an alteration to your report that is 21 called the timetable? 22 A That is correct. 23 Q In other words, is it correct to say that you 24 wouldn't view any of these as benchmark occurrences that 25 would alter the timetable conclusions? 40 1 have, and I don't think it's applicable at all to this 2 case, other than the documents that I'm sharing with you 3 in this notebook and what I've just given you. And I do 4 have some other documents here in response to your notice. 5 Q Okay. Why don't we go ahead and as long as 6 we're going through the process identify any remaining 7 documents that you consider -- 8 A I don't think we've marked the notebook; have 9 we? 10 Q We have not marked the notebook. And as I 11 understand, the notebook and the collection that you sent 12 me yesterday are the same? 13 A That's correct. 14 Q The same documents? 15 A I don't know if you want to mark it, but those 16 documents represent each of the entries in the timetable. 17 Q Pertaining to Westinghouse? 18 A Pertaining to Westinghouse in chronological 19 sequence. 20 Q And that same thing is in the notebook? 21 A My notebook is identical to what you have in 22 front of you. 23 Q Okay. We're on the same page with that then. 24 Let me wait to decide how we'll go about 25 marking that. I don't know if we'll mark them 39 1 A Well, I would say that they are background 2 information that 1 was given to prepare for this case, and 3 they may have relevance in future use, but I have not seen 4 the necessity of adding them to my timetable. 5 Q Do you anticipate relying on these documents 6 for any of the conclusions that you were reaching 7 concerning Westinghouse as a company? 8 A Well, they add to the information that's 9 contained in the timetables, so I guess the answer to that 10 would be yes. 11 Q Okay. 12 A And in response to your notice, I'm giving you 13 all the information that I have except any personal 14 lawyer-client -- you know, my correspondence between the 15 other law firm. 16 Q And just so we have a record, now, describe for 17 me the category of things that are exchanges between you 18 and law firms that are not included in the production? 19 A Well, I've given you everything -- I will in a 20 moment give you information that's correspondence between 21 myself or that I've obtained from Mr. Roach's firm. I 22 have not given you personal information dealing with the 23 Eisenreich case because it's not applicable to this. 24 Q That's plaintiff-specific information? 25 A That's plaintiff-specific information that I 41 1 individually, as a whole, or not at all. 2 A I -- we haven't -- I guess this is Exhibit 1 3 that we've entered, the timelines. 4 Q That is the timetable. 5 A I brought my curriculum vitae. 6 Q We might as well mark that as well. This is a 7 current CV? 8 A Yes. It was printed off this morning. That's 9 why it's not stapled. 10 Q Even though it's going to get lost in the mix, 11 we'll mark it 57. 12 (Defendants' Exhibit No. 57 marked for 13 identification.) 14 Q (By Mr. Weathersby) And I'm going to hand that 15 back to you, 57, so that we can discuss it further. 16 All right. What else do we have? 17 A And the last thing that I brought was in 18 response to your question correspondence between myself 19 and Mr. Roach's law firm and billing in this case to this 20 point in time. 21 Q Okay. And we'll mark that 58. 22 A There are two separate letters. One is for 23 copying and one is for professional time. 24 Q I'm going to put those together, attach them, 25 and mark the correspondence as 58. WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 42 1 (Defendants' Exhibit No. 58 marked for 2 identification.) 3 Q (By Mr. Weathersby) Okay. Has that got us 4 through the documents now? 5 A Well, I do have with me -- and I don't know if 6 I'm going to respond to it. You maybe want to wait until 7 we see if we need to respond to it; but it's my normal. 8 which you have a copy of, briefing book pertaining to the 9 state of the art issues concerning asbestos. 10 Q Okay. 11 A And I brought it, plus a couple of other 12 documents, but I don't know if they're going to be 13 relevant in this deposition. But you're certainly welcome 14 to see them. 15 Q What we're going to do is when we take a break 16 I'll look at that. 17 Let me ask you this. And it's going to be 18 difficult for me to remember exactly when it was that I 19 last got a collection of your documents. 20 A It was two weeks ago on Monday in the case that 21 Mr. Parnell was doing. 22 Q Was a copy made then? 23 A And I sent it to you. There were -- 24 Q You're right. 25 A There were several lawyers, and you all 44 1 MR. ROACH: No. 1 don't have it in front 2 of me. 3 MR. WEATHERSBY: 57 was the CV. 4 THE WITNESS: Yes. Right here. 5 Q (By Mr. Weathersby) Okay. Let's proceed this 6 way. Let's begin with the timeline, which is Exhibit 7 No. 1. 8 A Correct. 9 Q The documents that you have provided us today 10 that have been marked here at the deposition, plus the 11 collection that's in your notebook and referenced in the 12 timeline, Exhibit 1, are these the complete collection of 13 documents that you considered specifically as to 14 Westinghouse? 15 A Yes, sir. 16 Q And, now, these were all things --1 believe I 17 understood you to say that these were all things that were 18 provided to you by the plaintiffs' counsel in two cases in 19 which you've considered relevance to Westinghouse in the 20 timeline? 21 A You have a collection of what I have been given 22 concerning Westinghouse documents in both cases. What you 23 don't have is what I mentioned earlier, and that is 24 personal plaintiff-specific data pertaining to the other 25 case, the Eisenreich case. 43 1 requested -- I sent you one set of all the documents which 2 dealt with my briefing book and another document dealing 3 with a notebook on household exposure. 4 Q You're right on that. 5 And has there been anything added since that 6 deposition a couple of weeks ago? 7 A To my briefing book? 8 Q Yes. 9 A I just added one page, which I don't think it's 10 going to be of any relevance to you, but it's just this 11 first page (indicating) which deals with the different 12 forms of asbestos and their chemical formula. 13 Q Actually that's something I would be interested 14 in, and I don't know if we can -- it would be great if we 15 could make a copy of it. 16 A Otherwise it's the same. 17 Q Let's, if we can, take it out and we'll talk 18 about it, and then maybe while we're here we can get a 19 copy at the hotel. 20 A (Complying.) 21 Q Great. 22 A I think we've gone through everything. 23 Q Great. 24 MR. TIERNEY: Excuse me. Can I just get 25 what No. 57 was, Mr. Roach? 45 1 Q All right. Fine. 2 And in terms of where the documents came from, 3 the source in terms of where the person that provided you 4 the documents got them, do you have any information on 5 that other than what's reflected on the document itself? 6 A The two sources I have for the documents are 7 from the Goldberg law firm and from the Nix Roach law 8 firm. And I don't know where they got the documents. 9 Q All right. That's my question. 10 In terms of deposition testimony or other forms 11 of sworn testimony -- and I want to exclude testimony by 12 the plaintiffs in either of these two cases -- have you 13 considered any testimony in the formation of opinions that 14 you have formed relevant to Westinghouse in this case? 15 A I'm not sure I understand the question. 16 Q Let me back up and try it again. 17 You've given me the documents that constitute 18 the written documentary evidence that you've considered in 19 reaching your conclusions related to Westinghouse; 20 correct? 21 A Yes. 22 Q Has there been any testimonial evidence, as in 23 deposition transcripts, trial transcripts, affidavits, 24 that you have considered in reaching conclusions related 25 to Westinghouse? WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 46 1 A I think I provided you all the information. I 2 did have a deposition some weeks ago -- and I can't 3 remember exactly which one -- where Westinghouse was 4 present and did ask some questions, but they were very 5 few, not pertaining to either of these cases. It was in a 6 different one. 7 Q And let me make sure that I'm making myself 8 clear. I may be trying to be too precise. 9 Is there any testimony that someone has given 10 about Westinghouse that you have read and considered in 11 putting together your conclusions? 12 A No. I've relied upon putting my conclusions 13 together in my timeline from the documents that I'm 14 presenting to you today. 15 Q And there are no transcripts of testimony or 16 affidavits that you rely on? 17 A To the best of my knowledge, there isn't. I'm 18 not sure I follow the question completely, but I produced 19 everything that I've relied upon in this case that we're 20 dealing with today. 21 Q All right. That's fine. 22 Okay. Let's take a look at the timeline at 23 this point. And I'm going to have some questions that 24 aren't specifically related to Westinghouse that are other 25 things in here. As we're going down the timeline under 48 1 necessarily -- that they shouldn't be banned necessarily; 2 correct? 3 A If the workers can be protected from exposure. 4 And the same is true with asbestos. 1 mean, that's the - 5 that's the opinion that prevailed in the government at 6 that point in time. 7 Q And it's your opinion, I believe, that 8 certainly in the '40s and '50s an industrial hygienist who 9 was using as his benchmark the 5 million particle 10 threshold limit value would have been acting reasonably in 11 the performance of his industrial hygiene task? 12 A That was the only guidance limit that was 13 available at that time, so that would be true. 14 Q Let's move on down to 1908. And this is the 15 first Westinghouse document. And you have in parentheses 16 a reference number, 6771? 17 A Right. 18 Q Where does that reference number come into 19 the20 A It's your first -- 1908. I'm sorry that they 21 didn't put a piece of paper on top of that. I thought 22 there should be a piece of paper between each of these 23 numbers. 24 Q They apparently didn't. 25 A Look and see if there is. There was supposed 47 1 the entry early 1888, there's a reference to crocidolite 2 not being actively mined until the demands for asbestos 3 during World War II. 4 A That's correct. 5 Q And I guess I've got a general question about 6 that. 7 Is it your position that the use of asbestos as 8 either an insulation material or a binder was 9 inappropriate from a public health standpoint let's say 10 for right now prior to 1972? 11 A If I understand your question, again, from a 12 public health point of view do I think it was 13 inappropriate to use asbestos all forms or just 14 crocidolite? 15 Q Yes. In any form. 16 A I think there was evidencethat was very strong 17 prior to 1972 that asbestos had very severe health effects 18 and that the misuse of the material without protecting the 19 worker was inappropriate. 20 Q Let's back up from that somewhat. 21 There are many substances that are used in 22 industry that if proper industrial hygiene techniques aTe 23 not employed can be harmful; correct? 24 A That's correct. 25 Q But the use of those materials are not 49 1 to be after this last one. 2 Q I think they probably did not copy the 3 dividers. 4 A I'd asked them to put -- I didn't see your copy 5 before it went out because you all picked it up directly 6 from the copier. But I instructed them to put a piece of 7 paper between each. And if not, we'll just have to do 8 that as we go along. 9 Q Well, actually they did put a piece ofpaper in 10 between. It's got no writing on it. 11 A Well, we can correct that as we go along. 12 Q That's not a problem. We can do that. 13 A The first entry pertaining to 1908 is this 14 approximately 25, 30 pages that are showing up as black 15 with documents on top of them. 16 Q It looks like a little flip book, a little 17 notebook? 18 A Right. 19 Q That is 6771; correct? 20 A That is 6771. 21 Q And does this document have any relevance to 22 you other than your note indicating "Westinghouse began 23 its involvement with asbestos in 1908"? 24 A That's correct. That's what it has reference 25 to. WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 50 1 Q That's the extent of it? 2 A Yes, sir. 3 Q Okay. And certainly Westinghouse didn't hold 4 any exclusive position in being involved in asbestos at 5 that point in time; correct? 6 A I don't -- I don't understand your question. 7 Q A lot of other people were involved with 8 asbestos at the same time? 9 A Yes, sir. 10 Q And you wouldn't draw from that any conclusion 11 that would indicate that Westinghouse was behaving 12 unreasonably in becoming involved in asbestos? 13 A This document only tells me that they started 14 in 1908. 15 Q And you draw no further conclusion? 16 A Correct. 17 Q The next document is -- 18 A Did you want to mark that? 19 Q You know, I'm not sure what we should -- we may 20 ultimately need to go back through the process of having 21 those dividers -- having the thing copied again so that 22 it's a -- 23 A I'm sorry because they didn't really follow my 24 instructions. 25 Q I believe you entirely. It's not your fault. 52 1 Q And I believe that's the December 18,1984, 2 document; correct? 3 A And attached to it is a Journal of Occupational 4 Medicine paper on -- 5 Q The Konicide Club? 6 A -- the Konicide Club. Those two go together. 7 Q And those are your 1932 reference, which 1 will 8 put in the upper right-hand comer 1932 and then below 9 that I'll put "Lemen" and circle it (indicating). You see 10 that? 11 A Yes. 12 Q Now, let's talk about any conclusions that you 13 draw from the reference to the Konicide Club. 14 A Basically the conclusions are that they, 15 Westinghouse, became one of the charter members of that 16 club. And as I said in my timeline, the club was formed 17 by Phil Drinker for the purpose of having occasional 18 meetings to discuss research problems on the relation of 19 dust to health; and that the Konicide Club was the 20 predecessor to the Industrial Health Foundation, which it 21 was later named in 1936; and that Westinghouse was a 22 member from '36 to '84. 23 Q Okay. Now, with reference to the Konicide 24 Club, if I can get my reading glasses out here, the 25 Konicide Club involved some of the top names in industrial 51 1 What we may have to do, though, we may -- 2 A It might save a lot of time, though, if you 3 just mark them now because you've got all the documents 4 there. If you just put the-5 Q Let's try that. 6 A If you just mark even in the corner of the 7 document. 8 Q On the first page of the document that you've 9 referred to as 6771 10 A Right. 11 Q - I am going to write the number 6771 and 12 circle it and below it put "Lemen." Do you see that? 13 A Yes. 14 Q Okay. We're on the same page then. When we're 15 through, well mark the whole stack. 16 A Okay. 17 Q Okay. The next document you have referred to, 18 I see a reference to Note 7137. What is that? Is that 19 the same20 A That's the same in the document you just had. 21 Q All right. Moving over -- I'm going to go 22 through this first with reference to the Westinghouse 23 documents only, if we could. So it takes us forward to 24 your 1932 entry. 25 A Right. 53 1 hygiene in the '30s; correct? 2 A That's correct. 3 Q And, in fact, it was a group that included the 4 Bureau of Mines, Department of Interior? 5 A Yes. 6 Q And the Harvard School of Public Health? 7 A Right. 8 Q And the Metropolitan Life Insurance Company? 9 A Right. 10 Q And the Saranac Laboratory? 11 A Yes. 12 Q And the University of Pennsylvania? 13 A Yes. 14 Q Now, at that point in time, University of 15 Pennsylvania was one of the leading universities in the 16 study and treatment of the known pneumoconioses; is that 17 correct? 18 A That's correct. 19 Q And that was mainly because it happened that 20 they were in a heavy mining area? 21 A Correct. 22 Q And included in that group you had the state 23 department of health for the state of Connecticut? 24 A I believe that's correct. 25 Q In making reference to Westinghouse's WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 54 1 involvement in the formation of the Konicide Club and 2 later the Industrial Hygiene Foundation, do you draw any 3 conclusions that you would offer to the Court that 4 Westinghouse was in any way acting improperly in 5 participating in that organization? 6 A No, I would not. 7 Q And, in fact, it's an indication that 8 Westinghouse was at the front edge of investigating 9 occupational health issues; would it not? 10 A Yes. 11 Q Many of the participants in the Konicide Club, 12 including Dr. Drinker and Warren Cook and some of those 13 individuals, have been very widely published concerning 14 what they learned during the '30s and the '40s; is that 15 correct? 16 A That's correct. 17 Q Are you aware of anything that was learned 18 during Westinghouse's participation in the Konicide Club 19 that was not ultimately and really soon thereafter offered 20 to the public through publication and otherwise? 21 A No. 22 Q It would not be your conclusion that this was 23 any effort to secret away things that would be of interest 24 to the occupational health community; correct? 25 A I can't really comment on that. 56 1 of Westinghouse served on the executive committee from '34 2 to '35 and also was a past president. And in this 3 documentation we talk about the studies at Saranac Lake 4 and how Leroy Gardner who was very instrumental in the 5 early Saranac Lake studies of pneumoconiosis and 6 dust-producing diseases talked about at the National 7 Safety Council meeting the types of dust that caused 8 occupational-type diseases. 9 So the significance to this document is 10 Westinghouse was a participant; they were an officer. 11 represented as an officer; and that dust diseases were 12 talked about in their presence at this point in time. 13 Q And let me see if I can characterize what 14 you're saying. And if what I'm saying is wrong, please 15 tell me. 16 This entry in your mind or your conclusion 17 reached from this entry is that to the extent Westinghouse 18 as a corporation is trying to say we didn't have any way 19 of knowing that it was a problem, that there was a problem 20 related to asbestos anywhere, this document says to you, 21 well, you were participating in an organization where 22 there were discussions by people like Gardner about dust 23 that caused occupational disease. 24 A You're correct. 25 Q And do you know how many members the National 55 1 Q You're not aware of any evidence to that 2 effect; correct? 3 A No. 4 Q What I said was right? 5 A I'm not aware of any evidence. 6 Q That's got us. 7 Okay. The next document in my stack -- and I'm 8 trying not to get my stacks mixed up here. And excuse my 9 fumb ling around -- is the 1934 transactions of the 10 National Safety Council. Is that in yours as well? 11 A Yes. 12 Q Where am I going to find that? I suppose 13 that's on page 6 of your timetable? 14 A That's correct. 15 Q Tell me what you know about the National Safety 16 Council and in particular in the 1930s. 17 A Well, the National Safety Council has a long 18 history of interest in originally safety issues. They 19 have developed that interest beginning in the '30s, maybe 20 somewhat a little bit earlier, in disease. And the 21 National Safety Council represented a broad array of 22 safety and health professionals employed by government, 23 employed by industry. 24 And what I said in my note was that Mr. Auel, 25 A-U-E-L -- I don't know how you pronounce that for sure -- 57 1 Safety Council had in 1934? 2 A I don't know the exact number. I just know 3 from this document that they had a multitude of members as 4 you can see from the officers and the executive committee 5 and the directors that are listed in each of these. So it 6 was a broad-spanning organization with a multiple set of 7 members. 8 Q It was a very public organization. Would that 9 be a correct statement? 10 A Yes. 11 Q And certainly rather than trying to exclude 12 people from membership, they were attempting to attract 13 members? 14 A That's my understanding, yes, sir. 15 Q And they had sectional memberships that 16 included the roughly 24 industry groups that are listed 17 under the table of contents? 18 A Correct. 19 Q And among those industry groups was the metals 20 section; correct? 21 A That's correct. 22 Q And is it your understanding that the metals 23 section would have included those people in the 24 steelmaking industry? 25 A They should. WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 58 1 Q And I think that if you go forward through the 2 years, you may well find that memberships included 3 specifically listed people? 4 A Yes. That's correct. 5 Q And so those other members would have likewise 6 had access to the National Safety Council and their 7 publications just like Westinghouse did; correct? 8 A Correct. 9 Q And, in fact, you didn't necessarily have to be 10 a member to get access to their publications; did you? 11 A That's correct. 12 Q It wouldn't be your conclusion that 13 Westinghouse was doing anything wrong by having someone on 14 the executive council of the National Safety Council; 15 would it? 16 A No, it would not. 17 Q And that, in fact, would be a good thing for a 18 company to do that was interested in promoting 19 occupational health? 20 A Certainly if they applied the knowledge they 21 gained from their membership to their employees it would 22 have been a good thing. 23 Q Absolutely. 24 The personal and financial support for the 25 organization certainly wouldn't have done anything to 60 1 A Yes. 2 And the importance of this is to indicate that 3 he indicated that E. C. Barnes and Wilbur Speicher were 4 members of the Industrial Health Foundation in 1936. 5 Again, it's supporting the fact that 6 Westinghouse was involved in organizations that were 7 dealing with dust-related diseases and were aware of the 8 research that was being conducted. 9 Q And would I be correct in suggesting that a 10 reasonable conclusion from their participation in the IHF 11 and the National Safety Council is that Westinghouse would 12 likely have had access to publicly published opinions on 13 both sides of issues relating to asbestos, both the good 14 and the bad? 15 A They would have that. And they might have 16 through the Industrial Hygiene Foundation the information 17 provided to them that was not published but that was being 18 released from studies that the Industrial Health 19 Foundation was sponsoring. So they may have actually had 20 earlier knowledge than the general public would have had 21 privilege to through scientific publications. 22 Q So, in other words, your conclusion is that to 23 the extent the Industrial Hygiene Foundation was 24 developing information and disseminating it to their 25 members, Westinghouse may have had an earlier access to 59 1 deter the public awareness of what was on the cutting edge 2 in the occupational health community; would it? 3 A That's correct. 4 Q All right. 1934. Help me out. What's the 5 next entry? 1936 is the next Westinghouse entry. 6 A 1936. And that is the deposition taken in 1992 7 of Mr. Brickenstaff Isic] who was an early Westinghouse 8 industrial hygienist. 9 Q Okay. That's actuallyBickerstaff, 10 B-l-C-K-E-R-S-T-A-F-F. 11 A What did I say? 12 Q I think you said "Brickenstaff," but that's not 13 a problem. 14 (Discussion held off the record.) 15 Q (By Mr. Weathersby) Now, I guess that's one of 16 the questions that I was alluding to, and I didn't know 17 where to find the reference earlier. 18 Is this a deposition that you've had access to 19 and read? 20 A Just parts of it. I have not read the entire 21 deposition. But the parts I have had access to I have 22 included in this document. And that's what I - 23 Q Included it in the stack 24 A In the material. 25 Q -- of documents we're going through right now? 61 1 information? 2 A Westinghouse and the other members would have 3 probably had earlier access to that information before it 4 appeared in the scientific journals. 5 Q Is there anything as of 1936 that in your 6 opinion Westinghouse would have had access to that would 7 have been superior to publicly available information? 8 A Well, as I said, they would have had 9 information available through the meetings that they 10 attended that may be presented for the first time of some 11 of the Saranac Lake studies and others that were sponsored 12 by IHF; and, therefore, they would have the advantage of 13 having the ability to talk to other members about what the 14 significance of those studies were, how to interpret those 15 studies, and how those studies may apply to their work 16 force in relationship to any suspect of developing disease 17 and also how they may apply in alerting them to look at 18 their work force or putting preventative steps in place 19 that might protect their work force. 20 Q And do we have or do you have an understanding 21 of who separate and apart from Westinghouse was engaged in 22 the Industrial Hygiene Foundation? 23 A Well, there are several references. If you 24 look at the reference right above that, 1936. It doesn't 25 say Westinghouse, but it talks about the IHF, First called WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 62 1 the Air Hygiene Foundation, which was founded by the 2 Mellon Institute, and its membership was composed of a 3 cross-section of large industrial companies. And it goes 4 on to say that the IHF conducted medical and industrial 5 hygiene surveys. 6 You can go to the references that I gave in 7 here and you can find in those references more specific 8 reference to the companies that were members of IHF. 9 Q Let me see if I can characterize it. 10 It's your understanding that the IHF had a 11 broad membership among the industrial community? 12 A That's correct. 13 Q And is it your understanding also that the IHF 14 had a broad representation among the academics, the 15 universities? 16 A There were academics and universities involved. 17 It's a conglomerate organization meant to provide industry 18 with data concerning dust and disease. 19 Q And the meetings of the IHF were covered by the 20 news media as well; correct? 21 A That's my understanding. 22 Q And so the developments that were occurring 23 within the IHF at that point in time were developments 24 that the outside nonmembership community would have had 25 access to through the news media; is that correct? 64 1 research that was being done and not altered before it was 2 published, yes, that would have been a good thing. 3 Q Are you aware of any indication that 4 Westinghouse was an active participant in either the 5 alteration or the suppression of any research related to 6 asbestos that was conducted by the IHF or its constituent 7 members? 8 A I have no evidence of that. 9 Q Okay. The next document, I believe, is 1936 10 where it says Westinghouse became a charter member of the 11 IHF? 12 A Right. 13 Q We've sort of covered that; haven't we? 14 A Yes. And what you have in your binder is just 15 evidence showing that. 16 Q And let me go back to this Bickerstaff 17 deposition issue for just a second, if I might. 18 You aren't drawing any conclusions from the 19 Bickerstaff deposition other than participation -- than 20 Westinghouse industrial hygienists' participation in the 21 IHF; correct? 22 A I think the document -- I'm not trying to be 23 difficult, but it speaks for itself, and what I wrote for 24 the timeline speaks for itself. And that's true. 25 Q And, of course, in -- would you agree with me 63 1 A That's correct. 2 Q Okay. And again, I don't mean to be overly 3 repetitious, but I want to make sure we're not getting to 4 the point along the way that it's your opinion there's 5 something unreasonable about what's happening here. 6 At this point in time during Westinghouse's 7 membership in, first, the Air Hygiene Foundation and then 8 the IHF, their participation in that organization in and 9 of itself would not be an indication that they were 10 behaving unreasonably as a manufacturer or an employer 11 with regard to occupational health; is that a correct 12 statement? 13 A Well, I think insofar as the IHF made their 14 information available outside the circle of companies and 15 so forth, yes, that would be true. 16 Q That would be a good thing for a company to do? 17 A If they applied the information that they 18 gained in their participation in this organization to 19 their own work force to prevent disease as they learned 20 disease was occurring, it would have been a good thing. 21 Q And if the organization was participating in 22 sponsoring research that academics or medical community 23 people were ultimately publishing, that would be good for 24 the public as a whole; would it not? 25 A If that information was representative of the 65 1 that there's at least two problems that exist in 2 considering testimony in drawing conclusions: One is you 3 need to see both sides of the testimony, that is, the 4 testimony that's offered and the testimony that the other 5 side comes in and cross-examines to get a full picture? 6 A Yes. 7 Q Would you agree with me on that? 8 A I agree. 9 Q And the next thing that's a problem that occurs 10 in many, many lawsuits is in considering deposition 11 testimony there is also the possibility that the 12 deposition testimony may not reflect the truth, the whole 13 truth, and nothing but the truth; correct? 14 A I don't know how to answer that. I mean, the 15 person is sworn. That's supposed to represent the truth 16 as that person being deposed sees it. 17 Q And in drawing your conclusions in considering 18 deposition testimony, do you do any weighing of the 19 credibility in reaching your conclusion? 20 A When I review deposition testimony, I take it 21 as what is said in the deposition and do not try and 22 cross-examine in my mind what they meant but to take it as 23 it's stated in the deposition. 24 Q Which is basically the next step in weighing it 25 is the jury function; right? WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 66 1 A That's right. 2 Q And included in the stack is all the 3 Bickerstaff testimony that you had access to; correct? 4 A It's the -- yes. That's correct. 5 Q| All right. Next is a 1938 Westinghouse 6 document. And this is the document that -- am 1 correct 7 that this is the one beginning with 7188 or have we 8 already passed that one? 9 A Oh, that was the previous one. 10 Q That was in conjunction with Bickerstaff? 11 A No. That was the 1936, Westinghouse became a 12 charter member of the IHF. 13 Q Okay. 1 flipped past that one inadvertently. 14 And 1 believe that on pages 63 to 65 there's a list of 15 other members of the Air Hygiene Foundation as of 1937; 16 correct? 17 A Right. Which I call the IHF because I had 18 mentioned earlier that the name did change. Anyhow, I 19 think it's clear. 20 Q All right. Now I think I've caught up with you 21 and we have the documents you reference under 1938. 22 A 6715 is the reference number. 23 Q Let me make sure. Is this the right front page 24 (indicating)? 25 A Right. 68 1 here today, this is what I take from the document for my 2 purposes in this evaluation. Do you understand that? 3 Q I understand that. I sure do. 4 Now, Document 6715 you have described as a 5 product specification for blanket insulation. 6 A Right. 7 Q Do you know by whom the blanket referenced in 8 this document was constructed? 9 A By who made it? 10 Q Yes, sir, by whom. 11 A I don't know exactly except that if you look in 12 the middle of the document it talks about the blanket 13 company and gives an address for that company, and I 14 presume that that's who made the blanket. 15 Q Do you know what these blankets were used for? 16 A It does not indicate the use of the blankets. 17 It just says that: "This specification covers blankets, 18 bags, or mattresses for removable heat insulation for 19 steam turbine casings, valves and other parts. The 20 insulation should be suitable for temperatures over 850 21 degrees Fahrenheit." 22 So to me that's the explanation of what they 23 were being used for. 24 Q And do we know or do you have an opinion as to 25 whether this was the only type ofblanket that was used 67 1 Q I'm going to write that number on here, 6715; 2 is that correct? 3 A 6715. 4 Q Okay. And you'll see I've written it on and 5 circled it with your name under it (indicating); correct? 6 A Yes. 7 Q And flipping over, I see that there's a 8 plaintiffs exhibit referencing that as well? 9 A Yes. 10 Q All right. Tell me what conclusions that you 11 have drawn from the two pages that are marked 6715. 12 A I don't know if this will speed up the 13 deposition or anything, but when you ask me a question 14 like that, the conclusions that I have drawn are what I've 15 written in my timeline. 16 Q And am I safe in assuming that you feel that 17 you have set out your complete conclusion as to what the 18 document meant to you in your study? 19 A That's correct. Unless during trial or future 20 testimony I am asked more questions about the document. 21 But my opinion at this point in time is what I have put in 22 the timeline as the significance of that document. 23 Now, if you or Mr. Roach would ask me about 24 another sentence in here and what does that mean, that 25 might draw a second conclusion. But as I read it sitting 69 1 for applications over 850 degrees? 2 A At this point in time, 1938, that's the only 3 information I have on the type of blanket that was used. 4 Q You're not saying there were no more. You're 5 saying that's the only one you have information on; 6 correct? 7 A There could be more, but I don't have 8 information in 1938 to say that there were any others. 9 Q And is it correct that you also wouldn't know 10 what quantity they were procured in or how long they were 11 used? 12 A That's correct. 13 Q Okay. The next Westinghouse document, I 14 believe, is Document 6716, which I have and is already 15 marked in my stack. 16 Now, this is 1 believe one of the documents 17 that is referred to as an Air Hygiene Foundation document? 18 A That's correct. 19 Q And other than. A, Westinghouse's membership in 20 the organization, and B, a stamp that doesn't appear on 21 the original which says Westinghouse, North Carolina, is 22 there any connection you make between Westinghouse and 23 this document? 24 A No. 25 Q And I assume that the stamp over the document WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 70 1 that says Westinghouse, North Carolina, was on the 2 document before you got it? 3 A It was on the document when I received it. I 4 don't know who placed it on the document. 5 Q Now, within the content of this Air Hygiene 6 Foundation document, there's a discussion about 7 compensation for temporary partial disability and 8 employers' liability. 9 Am I correct -- and it's something I don't 10 think I've seen discussed before in your testimony. But 11 am I correct that you would not consider it inappropriate 12 for a company to attempt to stay current on whatever the 13 law was relating to Workers' Compensation, injury 14 schedules, or compensation schedules? 15 A That's correct. 16 Q In fact, they should stay current on it; 17 correct? 18 A Yes. 19 Q And that would be true whether we're in 20 Pittsburgh or in Texas or wherever; correct? 21 A That's correct. 22 Q And would it be reasonable for someone dealing 23 with Westinghouse or any other company to assume that that 24 company was staying current on Workers' Compensation laws 25 in the state where they operate? 72 1 A 7398 and 7399. 2 Q I'm sorry. It's that dam dyslexia again. 3 Okay. Anything here other than what you've got 4 stated in the document that is important to you from 7398 5 and 7399? And let me try that another way. 6 Your reading of, first, 7398, which is 7 Medical-Engineering Control of Industrial Health Hazards 8 by Lyle Hazlett -- 9 A Right. 10 Q - am I correct that your reading of this would 11 be for the purpose of drawing the conclusion that 12 Westinghouse had a medical director who was publishing on 13 the subject of medical-engineering control of industrial 14 health hazards and that Westinghouse appeared to be as 15 current on the subject as anybody in the business? 16 Anything more than that? 17 A I imply nothing more than what I've written 18 here. 19 Q The second document in that series - and 20 correct me if I'm wrong -- appears to be a Southern 21 Medical Journal document dated November 1941? 22 A Yes. That's correct. 23 Q And is that the one-page document (indicating)? 24 A Well, I can't find the thing. Well, it's more 25 than one page. 71 1 A Your question was would it be reasonable? 2 Q Yes, sir. 3 A It would be reasonable that they should stay 4 current and use that information in applying prevention 5 strategies within their own work force to eliminate their 6 need to pay compensation costs. 7 Q And, further, there wouldn't be anything wrong 8 with a company attempting to utilize Workers' Compensation 9 law to its best legal advantage in not paying compensation 10 claims; would there? 11 A I think they should use compensation law to 12 look at what's happening and to see if that same thing 13 could happen in their facility; and if it could, then to 14 apply preventive measures so they would cut down on their 15 own liability through compensation. So it's a tool for 16 them to learn about prevention and to apply prevention. 17 Q And it's ultimately to the good of the worker 18 if a company is attempting to apply Workers' Compensation 19 laws so that they don't become liable? 20 A If they use the information to prevent disease 21 and injury in their workplace, that's a very reasonable 22 thing. 23 Q Okay. The next document is I believe 1939, and 24 Westinghouse Document 3898 and 3899 is what you have 25 referred to as. 73 1 Q I think I only got one page. 2 A Well, we need to mark that then. It looks tike 3 there -- what's underneath that right there? 4 Q I've got a blank page underneath that and then 5 a metals section. Let me make sure they didn't get mixed 6 up or shuffled in the copy process. 7 What is at the head of the second page of your 8 Southern Medical -- 9 A Page number is 1128. 10 Q That's what it is. They got shuffled in the 11 process. 12 A Shuffled. 13 Q Okay. 14 A It should be 1127, 1128,1129, 1130 and then 15 you go to your metals section. 16 Q Okay. I see what I did. I took the last page 17 and attached the rest to the preceding. 18 All right. 7399 is a Southern Medical Journal 19 article entitled The Practice of Industrial Health by Lyle 20 Hazlett; correct? 21 A Right. 22 Q And I guess the only thing I would ask about 23 your conclusions, it would be a good thing, would it not, 24 for a company to allow and to encourage their medical 25 director to publish current information on subjects such WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 74 1 as the practice of industrial health? 2 A Yes. 3 Q And does your reading of this article indicate 4 that it's anything other than good and current 5 information? 6 A Well, it indicates to me what Dr. Hazlett's 7 theories and knowledge were about industrial -- the 8 practice of industrial health and gives me insight into 9 what he was doing within his company for that practice. 10 And I think his paper, without going through it line for 11 line, really speaks to that in it. 12 Q And do you draw any conclusion from that paper 13 that Westinghouse was in any way lagging behind the 14 community in terms of industrial health? 15 A No. 16 Q Now, on page 1129, there's some arrows drawn. 17 A I didn't draw those. I don't know who drew 18 those. 19 Q Those were there when you got them? 20 A Yes. I don't think that I've made any markings 21 on any of the documents. 22 Q Okay. The next document then, 1943. 23 A All right. You need to skip through that 24 because that was all attachment to the previous one, just 25 indicating that he served -- that's the documentation 76 1 A That's correct. 2 Q I just want to make sure that I've got the 3 whole thing that you have as we're flipping through. 4 A It looks like the copy company put my tab in 5 the wrong place. 6 Q The quote that you have -- and I'm not sure 7 exactly where it comes out -- is: "The use of water 8 repellant asbestos insulation has recently replaced some 9 types of material formerly used in ship work." 10 This particular material would not have had 11 specific relevance to the steel mill setting; would it? 12 A Not specifically. It may have. 13 Q May have ultimately, but in this context it was 14 for a shipboard -- 15 A That's what it was developed for, but I think 16 it was also utilized in other applications beyond the 17 shipboard application. 18 Q Do you know whether that particular 19 water-repellant insulation material was in a block or a 20 mixable or a pipe covering form? 21 A I don't know specifically. 22 Q Is it correct for me to assume that the extent 23 of the information you have about that water-repellant 24 asbestos insulation is what you find in this document? 25 A That's correct. 75 1 showing that Dr. Hazlett served in the -- 2 Q Various sections? 3 A Yes. 4 Q Let me take a look at those then before we move 5 on. 6 What you've just indicated to me -- let me back 7 up. If you need to take a break at any time 8 MR. ROACH: It's lunchtime. It's noon. 9 MR. WEATHERSBY: You're on central time. 10 (Discussion held off the record.) 11 -- 12 (Whereupon, a luncheon recess was taken from 13 11:59 a.m. to 12:55 p.m.) 14 -- 15 Q (By Mr. Weathersby) Okay, Dr. Lemen. We're up 16 to 1943. And I believe we've got the 32nd National Safety 17 Council meeting. These are actually transactions in the 18 congress. 19 Now, is it your understanding that the National 20 Safety Council publishes transactions every year of their 21 annual meetings? 22 A Yes. 23 Q And at each of those meetings there are 24 speakers who come and present papers and section meetings 25 are held? 77 1 Q That brings up a subject that I wanted to get 2 into very briefly. 3 I'm assuming that the reason this is here is 4 you're offering it as an indication that there was. A, 5 awareness and publication in the National Safety Council 6 transactions that there's a dust hazard in the ship work; 7 and, B, that there are new products being developed 8 related to reduction of dust? 9 A That's correct. Both of those are correct. 10 Q Now, if a company or an individual is a user of 11 asbestos-containing materials that are acquired from 12 someone else, would it be your position that as of 13 let's see if we can get a scope of years here -- the '40s, 14 '50s, and '60s, that end user had any responsibility to go 15 out and investigate the development of less dusty 16 insulation or asbestos-containing products? 17 A Well, as I've testified in previous testimony, 18 I think that the responsibility of protecting the workers 19 lies with both the manufacturer and the end product user. 20 And it lies with the fact that the manufacturer should 21 properly label their material and that the end product 22 users should follow those directions in protecting their 23 workers. I don't necessarily say that the end product 24 user is necessarily in a position to go out and research 25 new types of products. That's really the manufacturing WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 78 1 sector's research agenda. 2 Q The end product user, the workplace user, has 3 their own responsibility? 4 A That's correct. 5 Q And that's to maintain a safe workplace? 6 A That's correct. 7 Q And in terms of the role that the end product 8 or the workplace user can play, would you agree that they 9 are in the best position to do things like engineering 10 controls and dust monitoring? 11 A The end product user? 12 Q Yes, sir. 13 A Yes, sir. 14 Q And that's their responsibility? 15 A Yes, sir. But it does not negate the 16 responsibility of the manufacturer to warn of the 17 potential hazards from the use of their product, whether 18 it be misuse or just general use. 19 Q I assume that it would be your view -- and I 20 think the medical literature would give you some support 21 on it - that people who are in the proximity of the user 22 may be exposed to airborne asbestos fibers released by 23 that use? 24 A That's correct. 25 Q We're not in disagreement with that I don't 80 1 Q And certainly there's training available or 2 even back then there was training available through 3 organizations like the National Safety Congress and the 4 United States government equivalent of the Department of 5 Labor? 6 A That's correct. 7 Q And I'm not sure. Was there a Department of 8 Labor in the 1940s? I can't remember what they called it 9 then. 10 A I think it was called Department of Labor, but 11 I'd have to go back -12 Q I couldn't remember exactly when it came in. 13 But at any rate, the state and the federal 14 government had training programs in place -- 15 A Right. 16 Q -- that were offered, especially to large 17 employers; correct? 18 A Through industrial commissions and 19 organizations such as that. 20 Q And certainly the documents that we've seen in 21 your collection and that are referenced through here 22 indicates that at least as far as having occupational 23 health and industrial hygiene people on staff, 24 Westinghouse had a history of providing that to their 25 facilities; correct? 79 1 think. 2 A No, sir. 3 Q And would you agree with me that in many 4 settings any of the original packaging, boxes or if there 5 were material data sheets that came with the product, by 6 the time they got to the ultimate location on the 7 workplace, those warnings may not still be in place? $ A That's a possibility. 9 Q A possibility. 10 In a setting such as a large industrial 11 facility like a steel mill, would you consider it to be 12 reasonable for a manufacturer to provide warnings 13 concerning the hazards associated with asbestos to the 14 employer or the plant manager or his industrial hygienist? 15 A I think it would be appropriate that that be 16 done. 17 Q And a facility with literally tens of thousands 18 of employees even as far back as the 1940s and the 1950s, 19 would you expect a facility of that size to have had an 20 industrial hygienist or I think they called them sometimes 21 gas-free chemists? 22 A They sometimes called them safety personnel. 23 Yes. I would in a large company expect that to 24 be the case. They may end up being people that don't have 25 a lot of training, but they are designated as a safety -- 81 1 A That's what it appears from the data that I 2 have. 3 Q All right. Let's move on forward, if we might, 4 to 1946. And it's a memo from Barnes to the works manager 5 at South Philadelphia, I believe. Let me just look over 6 your pad there to see where that is. 7 Okay. I've got you. 6981 is the sticker, I 8 believe? 9 A Right. 10 Q Your quote from the document reflects an 11 indication that Bames is discussing potential health 12 hazards in the use of asbestos for manufacture of lagging; 13 right? 14 A Right. 15 Q And would you agree that that appears to be in 16 the context of this use within a Westinghouse facility? 17 A Yes. 18 Q And is that the way occupational health in the 19 workplace was normally treated in the pre-OSHA days, that 20 is, the employer was looking out for his facility? 21 A Well, it really depended state by state because 22 some states had state labor departments, industrial 23 commissions that did inspections. 24 For example, the state of Pennsylvania goes 25 back many, many years. And other states such as maybe WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 82 1 South Dakota or Kansas didn't have such commissions. 2 So the responsibility in cases where there 3 wasn't a state organization usually fell to the employer 4 or the manufacturer facility or end product using facility 5 to provide that protection. 6 Q And in this case, even though the Westinghouse 7 facility was in Pennsylvania, they are also providing 8 their in-house people to oversee that; correct? 9 A That'scorrect. 10 Q And I believe there's discussion in this 11 document about the substitution of fiberglass -- 12 A Yes. 13 Q -- for the filling in the blankets? 14 A Right. 15 Q Do you know the extent to which that 16 substitution was occurring within the Westinghouse 17 organization? 18 A I know nothing beyond what is stated in the 19 two-page document that you have here. 20 Q Now, as of this time, that being roughly 1946, 21 at that point in time there was at least some controversy 22 over whether fiberglass was also the source of a health 23 hazard; was there not? 24 A I think from the very beginning of the 25 knowledge about asbestos and the manufacturing then of 84 1 Q Would the same be true for pipe covering? 2 A That's correct. 3 Q And insulation block? 4 A That's correct. 5 Q How about as of 1960, would the answer be the 6 same? 7 A Again, my answer would be that 1 don't know 8 because I haven't researched that. 9 Q Rather than skipping through ail the decades, 10 have you researched it as of any time subsequent to 1960? 11 A Well, my statement would be that I do know that 12 in most cases you can manufacture out the health hazard of 13 fibrous glass by manufacturing fibrous glass that is not 14 respirable. And if you do that, then you do not have a 15 respiratory hazard related to the fibrous glass. 16 So I do know that there are engineering 17 methodologies in the manufacturing process to manufacture 18 substitute materials that are not respirable. And if 19 they're not respirable, then they don't present a 20 respiratory health hazard. And, you know, my expertise 21 has been more into the health effects and not into the 22 manufacturing process, but I have looked at that part of 23 it. 24 Q So is it correct then to characterize your 25 knowledge of that of the substitute materials as something 83 1 fibrous glass, there was a concern of whether the 2 substitution of fiberglass was any better than the use of 3 asbestos. 4 Q So am I correct in following up on your 5 statement that it would be your opinion that a 6 manufacturer or a user would not necessarily be exercising 7 ultimate prudence in making a wholesale substitution as of 8 that time? 9 A That's correct. 10 Qi Because at that time you didn't know whether 11 you were really improving the situation because of a 12 substitution of fiberglass; right? 13 A That's correct. 14 Q And, of course, yourposition would be that the 15 ultimate remedy available to the user was industrial 16 hygiene controls? 17 A Or the substitution of substances that could do 18 the same thing that had no known health effect. 19 Q Do you know as of -- let's try to go end of 20 this decade. 21 As of 1950 do you know whether there was an 22 acceptable substitute for asbestos filling for turbine 23 blankets? 24 A I really have not researched that, so I can't 25 answer that question. 85 1 that you have learned incident to your study of 2 occupational health rather than a primary study? 3 A Well, I have looked specifically at some 4 substitutes. I have looked at fibrous glass. I have 5 looked at refractory ceramic fibers, wollastonite, 6 albanite, and some of those. And that has been ancillary 7 to my study of asbestos. 8 Q Do you know when in time the more highly 9 engineered, for lack of a better term, fibrous glass 10 became available on the commercial market? 11 A Well, I think with the implementation of the 12 Occupational Safety and Health Act it gave an impetus to 13 the manufacturers of fibrous glass to look seriously into 14 trying to manufacture products that didn't carry a similar 15 health hazard to asbestos. So I would put the decade in 16 the'70s. 17 Q We're now looking at Document 6981. 18 A And for some reason I had that document and 19 I've misplaced it, so it's listed in your table as a 20 missing document, but you'll just have to take my word 21 until I can put my hands on it that what it says it says. 22 Q And based on the quote, is this anything more 23 than carrying forward your earlier observation that 24 Westinghouse appeared to be applying industrial hygiene 25 principles, maybe not perfect, but applying industrial WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 86 1 hygiene principles within its own facility? 2 A Yes. I think the quote stands very well to 3 itself that they were doing medical examinations and they 4 were finding some situations where the lung conditions 5 might possibly be associated with exposure to dust, so 6 therefore they ought to take precautions to further 7 prevent that. 8 Q If we assume that Westinghouse was 9 implementing -- let's take it out of the Westinghouse 10 context. Let's make it a pure hypothetical. 11 If you were to assume that an employer or a 12 facility owner was implementing industrial hygiene 13 engineering controls, dust controls, that had been put 14 into the published literature in the late '30s beginning 15 with the Dreessen report and in the '40s with what was 16 learned during World War II and with the Fleischer-Drinker 17 study reflecting that, the fact that an employer began to 18 see evidence of asbestos-related changes in the work force 19 in the following decade, that wouldn't necessarily mean 20 that there was a problem in the present work environment; 21 would it? 22 A You mean if they were seeing disease a decade 23 after they had implemented their preventive -- in the case 24 of asbestos-related disease, it has a latency period and 25 can reflect and generally does reflect exposures that 88 1 Q And going back to the Fleischer-Drinker study, 2 while most of the conclusions I think you would agree 3 Fleischer-Drinker came out with were pretty accurate - 4 A Correct. 5 Q -- they were perhaps premature because the 6 latency approximate of some of the diseases had not been 7 recognized. Would that be a correct statement? 8 A I'm not sure I follow you by what you mean by 9 "premature." You mean, for example, mesothelioma really 10 was not recognized at that time? 11 Q That's exactly what I mean. 12 A Yes. I would agree with that. 13 Q Fleischer-Drinker basically concluded, I 14 believe, that if you can keep the dust levels down and 5 15 million particles being the benchmark that was recognized 16 there, that the pipe covering trade would not be a 17 dangerous business; right? 18 A And that's what their conclusion was and that's 19 what they were looking at, the disease asbestosis. 20 Because, as you recall, the Fleischer-Drinker study was a 21 cross-sectional study. It was not a retrospective. It 22 didn't include anyone that had left employment. So it was 23 just looking at the current work force. And I think that 24 their limitations for that study would have given them the 25 ability to really only detect the asbestosis and the -- so 87 1 occurred in the past. However, there are some indicators 2 that could give them early warnings such as decrements in 3 pulmonary function that tend to occur before you see overt 4 disease. But you're correct in making that assumption. 5 Q So basically if I'm an employer and I am 6 following Fleischer-Drinker by the book and have been 7 doing that for ten years, yet when I begin my medical 8 surveillance I find disease, that doesn't necessarily mean 9 that as of that point in time my present work environment 10 is a problem? 11 A No. You have to -- I think the way you have to 12 address that is to -- if you are applying principles -- 13 and I've always said in my depositions that if you're 14 applying - that the Fleischer-Drinker study is an example 15 of good industrial hygiene practice and that's why they 16 had such a good low prevalence of disease. They did have 17 disease by the way in the Fleischer-Drinker, but it was a 18 fairly low prevalence; that the only way if you're 19 applying one of those principles, which would include 20 monitoring your workplace to see that your dust counts 21 were low and that your ventilation was working 22 effectively, you could have a very clean environment but 23 still see disease such as asbestosis and lung cancer 24 developing in workers that that exposure reflected their 25 exposures previously. 89 1 I think that's the significance of that study. 2 Q Okay. Let's move forward. 3 It looks like the next thing we got is a 4 process specification, 6745. I'm not sure I've got that 5 either or have I skipped one? 6 MR. ROACH: No, you didn't skip. 7 A What year are you at? 8 Q (By Mr. Weathersby) Well 9 A I thought I was following you. 10 Q I thought I was at 1946. 11 A Yeah. 1946? 12 Q Yes, sir. At the very top of page-- 13 A 6983. Okay. You're right. 14 All of these comments here deal with the 15 January 11th, so we're now -- we go from January 11th to 16 April. I don't know what is happening here. 17 Q Yeah. The one I'm missing, I think, is the 18 6745, the 1946 process specification. 19 I may be able to ask you questions about that 20 without actually having it in hand. 21 A What page are you on? 22 Q Of this document? 23 A Yeah. 24 Q I'm at the top of page 11, the very first entry 25 there. WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 90 1 A I got it. 2 Q And I have not been able to put my fingers on 3 that document. 4 A That was in -- 5 MR. ROACH: That's the missing document. 6 A That's the missing document. 7 Q (By Mr. Weathersby) If you can answer it from 8 your recollection. 9 A Yeah. That's the missing one, I'm sorry. 10 Q So we're missing 6745? 11 A Right. 12 Q If you can recall from the document; and if you 13 can't, that's fine. 14 Do you know what this was a process 15 specification for, if you'll -- (pause). 16 A I think it was a general use process 17 specification dealing with any of the products that 18 contained asbestos and advising the use of respirators for 19 that. 20 Q Do you recall whether there was any conditional 21 precedent for the use of respirators, that being when dust 22 is above a certain level or anything like that? 23 A Again, I would have to go back to the document 24 to see that. 25 Q Well, we can move on from there. 92 1 Q Certainly all the way up through the years 2 people like Selikoff did not advocate respirators as the 3 answers; did he? 4 A That's correct. 5 Q In fact, he said that you couldn't expect 6 workers to actually use them on a regular basis? 7 A Right. 8 Q The next document is 6983, and we do have that 9 one. 10 A You should have that one. 11 Q We're in good shape on that one. 12 It raises some issues of Micarta. What's your 13 familiarity with the product Micarta? 14 A Other than what I've read in these documents, I 15 haven't really any other knowledge about Micarta. 16 Q In other words, do you know how many different 17 varieties of Micarta were produced? 18 A No. 19 Q Do you know what percentage of the Micarta 20 produced contained asbestos? 21 A No. 22 Q Do you know the form the asbestos was in within 23 the Micarta? 24 A By "form" you mean as a powder or dust? 25 Q A powder, as a gasket-type material, as a 91 1 Let me ask this. Maybe I can get the same 2 information, is it your opinion that resort to 3 respirators is the final option in the hierarchy of 4 industrial hygiene procedures? 5 A Well, the hierarchy of industrial hygiene 6 procedures really hasn't changed all that much. First you 7 substitute. Second you provide engineering controls. And 8 if that fails, then you go to personal protective 9 equipment which would include respirators. So it is the 10 bottom level. 11 Q And of those i think three levels if I'm not 12 mistaken -- 13 A Yes. 14 Q -- substitute, Step 1, that is contingent on 15 the availability of an acceptable substitute; correct? 16 A Correct. 17 Q And engineering controls, those would be local 18 workplace controls that would be put in place; correct? 19 A Yes. 20 Q And finally the use of respirators again would 21 be something controlled in the workplace? 22 A Right. 23 And respirators should be looked at as only an 24 interim measuring while effective engineering controls are 25 being sought. 93 1 paper, how the asbestos was incorporated. 2 A I'm really not familiar with the product and 3 its specifications. 4 Q Looking at this particular document where 5 there's concern over skin irritation here, do you have any 6 indication that the concern is related to exclusively 7 asbestos, asbestos plus something else, or some other 8 constituent material in the Micarta? 9 A Well, more likely the irritation is due to some 10 binding agents that were used in the Micarta. They could 11 be referring to asbestos skin irritations because we do 12 know that asbestos can cause asbestos warts, and that 13 could be considered a skin irritation. But when you're 14 talking about rashes and stuff of that nature, it's more 15 than likely that it's the binding agent that's applied 16 with the asbestos. 17 Q Some material in it other than the asbestos 18 itself? 19 A It could be, yes. 20 Q All right. The next document is a reference to 21 a Bickerstaff deposition. 22 A Right. 23 Q And I believe you've got that excerpt -- 24 A Yes. 25 Q -- included here. WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 94 1 And again, is this simply to further reiterate 2 your earlier observation that Westinghouse was aware of 3 hazards associated with asbestos in the '40s? 4 A That's correct. 5 Q Does this deposition excerpt that you have here 6 say to you or inform you as to which disease conditions 7 Westinghouse was aware of in the '40s? 8 A You mean whether or not they were aware of 9 mesothelioma or lung cancer? 10 Q The causal relationship between asbestos and 11 lung cancer, asbestos and mesothelioma? 12 A Uh-huh. I think that they were relation -- it 13 related to their knowledge at that time of the lung 14 conditions associated with asbestos exposure. 15 Q I'm just looking to see where in the deposition 16 you're focusing. 17 Now, there's a summary of the Bickerstaff 18 deposition. 19 A Yeah. 20 Q You didn't prepare that; did you? 21 A No, I did not. 22 Q Do you know what Mr. Bickerstaffs job was with 23 Westinghouse? 24 A I thought I explained that earlier on that 25 Mr. Bickerstaff -- let me just look. I think it's in one 96 1 1940s, Westinghouse employed about 50? 2 A Well, it's unclear from the deposition whether 3 or not Bickerstaff is talking about Westinghouse having 50 4 industrial hygienists in 1940 or 50 industrial hygienists 5 when he was manager. See, the deposition was taken in 6 '92, so that's not really clear in this deposition. 7 Q Okay. That's fine. 8 A I would presume they probably had 50 more 9 recently than they did earlier. 10 Q The next document that you've referred to is 11 1950, which is 7459. 12 Is there anything that you draw from this 13 document other than the fact that Westinghouse, as you've 14 indicated on here, you conclude Westinghouse manufactured 15 its own asbestos-containing blankets? 16 A Right. And there's a news article that talks 17 about that. 18 You had two pages that talk about that? 19 Q 1 don't. I've only got one. 20 A No. I just have one, too. 21 Q And I'm not really sure how legible 22 A It should be only one page. It's not real 23 legible. 24 Q All right. The 1953 document you've identified 25 as a Safe Practice Data Sheet printed by Westinghouse. 95 1 of the -- he was a -- he was -- 2 Q1 Your summary says manager of industrial 3 hygiene. 4 A Right. I think that's what he is. 5 Q Do you know where his office was physically 6 located? 7 A No, I do not. 8 Q Do you know how many facilities Mr. Bickerstaff 9 was responsible for? 10 A Well, it appears to me that he was responsible 11 for all the Westinghouse facilities since he was manager 12 and that Westinghouse had some 50 industrial hygienists 13 that they had. 14 Q As of the 1940s? 15 A Yeah. It appears to me that he was responsible 16 for all corporatewide industrial hygiene. 17 Q As of - well, let's use, for an example, or a 18 beginning point the year that the ACGIH first published 19 their TLV for asbestos. And that was -- 20 A 1946. 21 Q - 1946. 22 As of 1946, do you know approximately how many 23 industrial hygienists there were in the United States? 24 A No. 25 Q But it's your understanding that as of the 97 1 It's numbered 6984? 2 A Right. 3 Q Is this it (indicating)? 4 A Yes. 5 Q All right. We're on the same page. 6 A It's several pages, though, included in there. 7 Q This is a 1953 document? 8 A Yes. 9 Q Is the statement that is included in your quote 10 concerning the maximum allowable concentration correct in 11 your opinion as of 1953? 12 A It's what the document stated, yes. 13 Q And as of 1953, do you agree that the maximum 14 allowable concentration recognized in the industrial 15 hygiene community was 5 million particles per cubic foot 16 of air? 17 A That was what was recommended by the ACGIH, and 18 that was the recommendation that they had originally made 19 in 1946 based upon the U. S. Public Health Service 20 Dreessen study of 1938. 21 Q The next statement: "Where asbestos may be 22 mixed with other less harmful dusts, the concentration of 23 asbestos dust will be the controlling factor." 24 Do you have an opinion as to what that sentence 25 means? WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 98 1 A Well, it means that if you have smaller amounts 2 of asbestos, that the risk of developing asbestos-related 3 disease would be lower than if you have higher 4 concentrations of asbestos. I think that's what it means. 5 Where asbestos is mixed, that the hazard of the product is 6 determined by the amount of asbestos that is put in, not 7 by the other materials that are in the composition. 8 Q Do you conclude from that that the author of 9 this particular document was suggesting that the maximum 10 allowable concentration could be higher in mixed dust 11 situations than pure asbestos dust situations? 12 A No. I don't read it that way at all. I read 13 it that the author of this document was probably aware of 14 the dose-response relationship of asbestos exposure in the 15 development of disease. That's how I read it. Others may 16 read it differently than that. 17 Q 1 believe the next page says Gate transcript 18 missing? 19 A Yeah. 20 Q Do you have the full text of the Gate 21 transcript? 22 A Again, at one time I've had this, and there's 23 just a few documents that I've misplaced, and I'm going to 24 have to get back. But I didn't have the full transcript. 25 I just had portions of it. 100 1 A Yes, you do. 2 Q And there's a note that says summary is being 3 completed. So you don't have the summary of the entire 4 deposition; correct? 5 A Right. 6 Q You've got some three or four pages. 7 Do you know who Mr. Strauss was? 8 A He was a service engineer for Westinghouse. 9 Q Do you know what a service engineer does as 10 their day-to-day work? 11 A Well, I presume that the service engineer 12 follows the product to the end user to help them in 13 installing it properly and maintaining it and instructing 14 them how the product is to be used properly. 15 Q Is that assumption based on anything in 16 particular with reference to Westinghouse? 17 A Other than what I'm assuming that a service 18 engineer is a person that Westinghouse would provide to 19 help the purchaser, you know, install and maintain their 20 product. 21 Q Your assumption, I think, you might -- well, 22 let me back up. 23 Would you agree with me that this assumption is 24 just based on your everyday experience rather than a 25 Westinghouse-specific experience? 99 1 Q The quote or the opinion, if we can call it 2 that, that you have following the Gate transcript 3 reference indicates that Mr. Gate was in the marine 4 turbine business? 5 A Right. 6 Q1 You understand that to be the type of turbine 7 that is used aboard ship? 8 A Yes. 9 Q And do you have anyknowledge concerning the 10 condition that turbines were delivered to the shipyard 11 when Westinghouse sold marine turbines? And by that I 12 mean what state of completion. 13 A I don't know the exact state of completion. 14 Q Do you know whether there was any set practice 15 as to who provided the insulation that would have gone on 16 a marine turbine that Westinghouse sold? 17 A I don't know the answer to that. 18 Q Do youhave any familiarity with the United 19 States Navy's facility that's known as the NBTL, which I 20 think is National Boiler Turbine Laboratory? Are you 21 familiar with that facility? 22 A No, I'm not. 23 Q Okay. The next reference is to the Peter 24 Strauss deposition. And I think we do have your excerpt 25 there. 101 1 A Yes. 2 Q Do you know who Russell Senkow is? 3 A He's an employee of Westinghouse. 4 Q Tell me -- and I'm suggesting that you know 5 more than is reflected right here. But do you know any 6 more about Russell Senkow other than his being an employee 7 of Westinghouse and someone who gave this single page of 8 testimony that's attached? 9 A I know nothing more than that. 10 Q And I believe that you've indicated that when 11 you consider deposition testimony in a case, you don't 12 consider it appropriate for you to weigh the credibility 13 of the witness? 14 A I am assuming that what the witness is saying 15 is correct and true and honest because of their doing the 16 deposition under an oath. 17 Q Okay. The next reference is to the Bickerstaff 18 deposition, and it looks like we're missing a couple of 19 pages there. 20 The reference to material data cards, do you 21 know what use would have been made of these referenced 22 material data cards? 23 A Well, it appears from this that the material 24 data cards were provided to the Westinghouse material 25 engineers for their use and that that's as far as they WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 102 1 went. They didn't follow on with the product so that 2 other workers would be able to have advantage that that -- 3 those cards were maintained at the level of the material 4 engineers. 5 Q Is it your belief that these material data 6 cards were cards that gave instruction or direction 7 concerning the manufacture of the products? 8 A Weil, they contained warnings which I would 9 presume had that information with it. 10 Q So am I correct that your assumption as to 11 these material data cards is that they were essentially 12 the same thing as what we later called material safety 13 data sheets? 14 A Well, they were similar. I don't think they 15 were as comprehensive probably at that time as what are 16 required by OSHA under material safety data sheets at the 17 present time. 18 Q And the reference that we have here is to a 19 1953 safe practice data sheet? 20 A Yes, sir. 21 Q1 Are you aware of any manufacturer of 22 asbestos-containing material who was in 1953 attaching a 23 warning on his end product? 24 A I don't know the answer to that. I don't know 25 of any. 104 1 break? 2 MR. WEATHERSBY: Certainly. 3 (A brief recess was had.) 4 Q (By Mr. Weathersby) Okay, Doctor. 1962 we've 5 got Westinghouse Document 7468 on your timetable. 6 Are you familiar with the specification process 7 that major industries like steel mills would go through in 8 buying large pieces of equipment like a boiler or a coker 9 or a turbine, how they would come up with what it was they 10 wanted? 11 A I really don't have any expertise in 12 specifications. It's never been a part of my research. 13 About all I know is that there are specifications. Those 14 specifications are drawn up by the company to provide 15 equipment to do the job that they want done. But that's a 16 material engineer's area. 17 Q And really I'm just trying to determine how far 18 into the area you do have familiarity. 19 Are you familiar with the fact that a company 20 the size of a large steel mill normally would have their 21 own in-house engineering people? 22 A Yes. 23 Q And when they would get ready to do an 24 expansion or an addition, they would essentially come up 25 with a description of what they wanted and then put it out 103 1 Q And would you agree with me that throughout the 2 pre-OHSA era anyhow one of the largest consumers of 3 asbestos-containing products was the United States 4 government? 5 A Pre-OSHA? 6 Q Pre-OSHA. 7 A That could be true, but I have no direct 8 evidence to support that. 9 Q Would you agreewith me that pre-OSHA the , 10 United States government was a significant seller of 11 asbestos? 12 A I don't have direct knowledge to that, but I do 13 know that they did sell asbestos, but I don't know that 14 they were the principal seller of asbestos. 15 Q Not that they were a principal seller but they 16 were a significant seller of asbestos? 17 A They were a seller of asbestos, yes, sir. 18 Q And, in fact, you, of course, had an extensive 19 and distinguished career of government service to the 20 United States government in the occupational health area. 21 Have you become aware of any pre-OHSA warning 22 that the United States government attached to any asbestos 23 that it sold? 24 A No, I have not. 25 MR. ROACH: Can we take a five-minute 105 1 for bids? 2 A That's my impression, yes, sir. 3 Q So your reference to 7468, that would not be 4 intended to preclude the possibility or the probability 5 that the owner of the facility would have the ultimate say 6 in what it was that he bought? 7 A I believe that would be correct. 8 Q Okay. 9 A Under the availability. I mean,it may be that 10 he wants something that's impossible to build. 11 Q Sure. No doubt about that. Really what I was 12 referring to was in terms of only insulation materials 13 approved by Westinghouse would be permitted on 14 Westinghouse turbines and piping. 15 Let me ask it this way: Do you have any facts 16 on which you would draw the conclusion that these 17 insulation materials ultimately approved by Westinghouse 18 wouldn't have in many instances been originally specified 19 by the owner? 20 A The owner being the -- 21 Q The purchaser? 22 A -- end purchaser? 23 Q Yes. 24 A No. 25 Q That wouldn't be a process that would surprise WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 106 1 you at any rate? 2 A No. 3 Q The next documents are these ceramic abstracts. 4 I haven't really read that very closely to be honest. Why 5 is that included in this collection? 6 A Just a second. I turned to the wrong page, I 7 think. 8 Q I may be just missing something there. 9 A Well, it's included in the collection because 10 it was obtained to the best of my knowledge from the 11 Westinghouse documents, which would again have indication 12 of what was in the possession of Westinghouse. And the 13 contents talk about the difference between chrysotile, 14 amosite, and crocidolite under the microscope, but it also 15 states that all three of those types are dangerous and 16 that even tremolite and anthophyllite may cause illness. 17 So it ends by saying: "All asbestos dust should be 18 treated as being injurious to the lungs." 19 And since that material was in the possession 20 of Westinghouse, 1 think it's important to put in the 21 timeline because it's another example of their knowledge 22 at a particular point in time of the hazards associated 23 with asbestos exposure. It doesn't have anything 24 specifically to do with a Westinghouse product. 25 Q And let me ask this: How is it that you 108 1 Q And so I can assume that if the reference is to 2 the Keystone Project, USX, Clairton Works, that it's 3 related to the Eisenreich case? 4 A You're correct. 5 Q Great. That will move us along a little bit. 6 It moves us up to 1970,1 believe. 7 A March 6th? 8 Q Yes, sir. 9 A Is that the page you've got? I have it on page 10 20. Oh, you're talking there. 11 Q I was trying -- 12 A I'm sorry. 6990. If you go from where we were 13 at14 Q About half an inch? 15 A Yeah. 16 Q Right there (indicating)? 17 A That's it. 18 Q Okay. Document 6990. 19 What do you understand 6990 to be? 20 A It's a memo to J. Welsons from Z. R. Rees. 21 It's talking about corporate standards, and it's talking 22 about -- well, it talks about cards covering. They're 23 talking about data cards, material data cards, covering 24 Micarta, Moldarta, molded composites, et cetera, all of 25 which contain asbestos, and talking about machining can 107 1 conclude this was in the possession of Westinghouse? 2 A I have to make the presumption since it was 3 provided to me by plaintiffs' attorney. 4 Q As part of the -- 5 A As part of the Westinghouse documentation, that 6 they're making that available to me under that assumption 7 that it is. 8 Q And that's the basis for your ultimately 9 concluding that this falls in as a Westinghouse document? 10 A Because it was included in the package they 11 sent me. I did not try and second guess on that issue. 12 Q Okay. That's fine. 13 Now, here's something that 1 really do have 14 some questions about. These references to the USX 15 Clairton Works or Clairton Works. 16 A Uh-huh. 17 Q Is that included here as relevant to the Lone 18 Star Steel case 19 A No. 20 Q -- or was that something that was in from the 21 other case? 22 A This is in -- all of these references in this 23 timeline are relevant to the Eisenreich case, and USX is a 24 part of that case. And Westinghouse was involved with 25 them, so that's why that's in there. 109 1 produce asbestos dust. And it's a label that should be 2 placed produces asbestos dust, do not breathe dust, 3 provide adequate ventilation. 4 And then it refers to a specification, internal 5 company specification, A-20. And then it lists the cards 6 that should be included in the caution. 7 Q In the context of a manufacturing facility or a 8 workplace, if there are industrial hygiene procedures in 9 place and there are dust studies that are taking place 10 such that the occupational medicine authority for that 11 facility is confident that the threshold limit value is 12 not being exceeded prior to 1970, would you say that it 13 would have also have been necessary to notify the worker 14 that a hazardous substance was being used? 15 A Are you saying by 1970 pre-OSHA versus 16 post-OSHA? 17 Q Pre-OSHA. 18 A Well, there was not a requirement except under 19 some of the auspices of the Walsh-Healey Act and the 20 Longshoremen's Act pertaining to asbestos that is. 21 But good public health practice in my opinion 22 would be that any time a worker was working with a known 23 hazardous substance and the company that was employing 24 that worker knew of that substance being hazardous, that 25 communication should be given to the worker even if they WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 110 1 were meeting the current threshold limit value. 2 And the reason I say that is because they were 3 following the guidelines but in case there was a breakdown 4 in control and there was an accident where the threshold 5 limit value would be exceeded, the worker should know how 6 toxic the material is so that they could take immediate 7 precautions to protect themselves. That's why I would 8 answer it the way I do. 9 Q1 Are you aware of any published literature10 and I want to do this by decade if we can - where that 11 position that you've stated was advocated by an industrial 12 hygiene authority in the 1940s? 13 A Well, I think that 1 can -- we can go back 14 to -- when was it that Hazlett, Dr. Hazlett, what decade 15 was that? Was that in the '40s; do you remember? I'm 16 sorry. 17 Here it is. That was 1939. Let me go back to 18 that exhibit, if I could. That was Exhibit 7398 on'39-19 '46 -- '39. I think if you look at something he wrote -- 20 Q Are you looking at 7398 and 7399? 21 A Yes. 22 I saw something when I read this. And I'm 23 probably not going to be able to find it now, but there 24 was a statement in here. 25 Q Do you recall whether it was the Southern 112 1 of a, for lack of a better term, paternalistic attitude 2 where the occupational health community seemed to be more 3 concerned about not upsetting the worker as long as they 4 feel like they're doing their job in implementing 5 industrial health procedures? 6 A I think that if you --1 don't advocate you do 7 this, but if you go back and read the fou r -- the large 8 volume of legislative history that led up to the passage 9 of the Occupational Safety and Health Act that was 10 principally written in the years '67 through '69, there 11 are examples in there of why there's a need for the 12 Occupational Safety and Health Act. And one of the 13 examples -- some of the examples address the issue that 14 there needs to be more knowledge imparted from the 15 industry to the worker. And I'm not referring to 16 Westinghouse or any particular company at this point but 17 in general. 18 So 1 think that during the decades pre-1971 19 when OSHA really became effective, that there were some 20 parts of industry in the United States that could be 21 living under that paternalistic type of attitude, and that 22 reflected the medical community that was working for that 23 particular industry. So I don't see that as farfetched, 24 and I think there is documentation to show that it wasn't 25 every industry. And I'm not pointing fingers, but it was 111 1 Medical Journal? 2 A No. When I read these sometime ago, there was 3 a statement in one of these where he advocated the 4 employees being told of what they were working with. 5 MR. ROACH: That was in the IHF digest 6 report; wasn't it? 7 THE WITNESS: Was it? 8 MR. ROACH: Yeah. I don't think it's in 9 there. It's about that time, though. 10 A I thought it was in the Hazlett, but I may be 11 incorrect. 12 But it was about that time frame that it was 13 recommended that employees be told of what they were 14 working with. And I know that -- one of the things I do 15 is I collect old occupational medicine textbooks. 16 Q (By Mr. Weathersby) Yes, sir. 17 A And most of them from the 1930s forward and 18 even some earlier than that advocate full disclosure to 19 employees to protect them. 20 And so I don't think what I said in my 21 statement is very far off from what the mainstream at 22 least general philosophy was about informing workers so 23 that they could have some knowledge to protect themselves. 24 Q Would you agree that in the decades prior to 25 1960, the '40s and '50s anyhow, that there was much more 113 1 something that was occurring. 2 Q It's not the kind of thing that would shock you 3 if you found that type of reference in occupational 4 literature, occupational health literature, to don't upset 5 the workers? 6 A Well, t think if you go back just in the 7 asbestos field alone and you read some of the documents by 8 investigative reporters and other writers, a good 9 example -- and I'm not -- if you look at Castleman's book, 10 he has documented a lot of that type of information that 11 was known by the medical department within an industry but 12 was not necessarily given to the rank and file employees 13 within the industry. 14 Q Okay. Let's go back to where we were. 1970? 15 A March 6,1970, Exhibit 6990. 16 Q All right. Let's move to 1973, Exhibit 6993. 17 A (Complying.) 18 Q That's sort of a tough read actually. 19 A You can't read that? 20 Q The printing is not very good. 21 A I think if you -- the gist of that is my quote 22 of the second paragraph of that when we talk about: "We 23 found excessive ceiling concentrations of asbestos fiber 24 by a factor of two when the asbestos cloth was tom by 25 hand." WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 114 1 By ceiling we're talking about the ceiling 2 concentration. 3 Q Do you have an indication as to whether this 4 was in a fabricating facility or somewhere out in the 5 field where the end product is being used, the end 6 Westinghouse product is being used? 7 A It's when the end product was being used as 8 implied by the second sentence: "This frequently occurs 9 in an operation when people are removing a section of 10 cloth from a roll of asbestos cloth." 11 Sol presume it's after the material has been 12 manufactured. 13 Q The material being the clothin this situation? 14 A Right. 15 Q In this situation the Westinghouse employee 16 being the end user of the cloth? 17 A That's the way it reads to me. 18 Q In terms of the use of asbestos cloth as a 19 container for turbine blankets, whether they're filled 20 with one fibrous material or another -- we're talking 21 about the cloth cover to the blanket right now. 22 A Right. 23 Q Do you have an understanding as to whether 24 these turbine blankets are covered with a higher grade of 25 cloth than the routine cloth that you can tear with your 115 1 hands? Any understanding at all about that? 2 A I don't know the answer. It appears to me that 3 it must be cloth that you can tear with your hand or they 4 wouldn't be making that statement in there. 5 Q In this particular setting? 6 A Right. I don't know beyond what it says right 7 here. 8 Q And in terms of any asbestos cloth that might 9 or might not be contained on a turbine blanket at the 10 steel facility involved in this case, you wouldn't know 11 whether the asbestos cloth on that type ofblanket is 12 something that would be tom by hand or has to be cut? 13 A I have no direct evidence in this case of that 14 material because I haven't seen the material in this case, 15 and that's really not something I was asked to look at. 16 Q And in terms of the turbine blankets that are 17 referenced earlier in your timeline and in the documents 18 that are manufactured by Westinghouse, do you know the 19 expected life of a blanket like that? 20 A No. I think you asked me that earlier, and I 21 think my answer was no. 22 Q They all start to run together, and I 23 apologize. Okay. Let's move forward then. 24 Document 6999 refers to a Transite material 25 called Marinite. Do you know whether Marinite is used or 116 1 is present at all in the Lone Star Steel facility? 2 A No, I do not. 3 Q All right. Let's move to 75, Document 7418. 4 A That's another document that is missing. 5 Q Okay. Let's see what it says. 6 A I think we have three that are missing that I'm 7 still trying to figure out what I did with them. 8 Q That's one where we sort of need the context; 9 don't we? 10 A Right. 11 As soon as I come up with it, I mean, I'll 12 supplement the deposition and the material I gave you with 13 it. I'm trying to locate the missing ones, but I can't do 14 anything. 15 Q Let's talk about OSHA violations for a minute. 16 Would the fact that a company the size of 17 Westinghouse with the number of facilities that 18 Westinghouse has and the number of employees that 19 Westinghouse had -- I guess I should say it in the past 20 tense now - would the fact that Westinghouse had some 21 limited number of OSHA violations relating to asbestos 22 exposures indicate to you that the industrial hygiene 23 practices and the occupational medicine practices of 24 Westinghouse were substandard? 25 A I don't think you can make a blanket judgment 117 1 on that. I think you'd have to look at the individual 2 violations to see whether or not they were considered 3 egregious violations or whether or not they were 4 considered violations that may have just slipped through 5 the crack. 6 However, any time there was an OSHA violation 7 there was some breakdown in the system somewhere that 8 allowed that violation to occur. But to talk about 9 whether it was a total breakdown in the company industrial 10 hygiene program would depend upon looking at the 11 individual violations and determining how severe those 12 violations were. Sometimes the violations may simply be 13 there was a procedure at hand for recordkeeping and the 14 employee that was to do the recordkeeping just didn't do 15 it. Or it could be that there was an extremely high dust 16 exposure that they were aware of and doing nothing about. 17 That would be a much more egregious finding. 18 Sol would have to judge the program based upon 19 the individual violations and how they related to the 20 overall company program. 21 Q And in terms of making that assessment, would 22 it be worthwhile information for you to know the frequency 23 of inspections that OSHA conducted? 24 A Well, I think that I would look at how often 25 OSHA came in. As we know from the history of OSHA over WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 118 1 the last almost 30 years now, that they are very 2 understaffed when it comes to making inspections. They 3 tend to target their inspections to industries that they 4 feel are going to have the more serious problems. 5 I think the issue with OSHA is that it's in 6 hopes that companies will comply with the OSHA standard 7 and put in their own programs. But, yes, frequency is an 8 important thing to look at. 9 Q And so would I be correct in concluding based 10 on what you said that it would take more than limited 11 instances of OSHA violations for you to draw any final 12 conclusion about the diligence of the occupational 13 medicine practice of the company? 14 A I think what I said, it may be limited 15 information, but it would be judged on an individual basis 16 of what those violations were. I mean, if you went in and 17 you only had two violations but they were a total 18 breakdown of the industrial hygiene system and prevention, 19 that would be something as compared to minor violations 20 such as a recordkeeping violation or something of that 21 nature. 22 Q Okay. Let's go to 7457. 23 A (Complying.) 24 Q Does the text that you have extracted there 25 provide you with any information that you can draw any 120 1 Q The next document which is 7016 -- again, each 2 of these appear to be internal documents relating to 3 what's going on inside Westinghouse facilities; is that 4 correct? 5 A That's correct. 6 Q Is there anything in what you've extracted from 7 7016 that reflects anything about awareness of asbestos 8 hazards other than really just common knowledge or was 9 common knowledge by 1976? 10 A I don't believe so. I think it was reflecting 11 their knowledge dating back to Roman times. 12 Q And it's a further reflection, I believe, that 13 Westinghouse is continuing in its effort to find suitable 14 replacements; correct? 15 A Correct. 16 Q Would you agree thateven as late as 1976 17 industry was continuing to struggle with identification 18 and development of proper substitutes for some forms of 19 asbestos? Gaskets, for example. 20 A I think that's probably correct. 21 Q Okay. Let's go to 7009, which is the 1-26-76 22 violation. 23 A 1-26-76? Are we goingbackwards? 24 Q No. I'm at 7009. 25 MR. ROACH: Page 22. 119 1 conclusions about the state of Westinghouse's occupational 2 medicine program as of 3-10-76? 3 A Well, I think what it tells me is that they are 4 aware that asbestos-containing products can pose health 5 hazards and that they are looking at active substitution 6 materials which they've identified that can be used in 7 certain areas in place of asbestos and that they are 8 progressing in trying to eliminate the asbestos hazard. 9 Q So basically what Document 7457 says -- and if 10 I'm not right, tell me. But it appears that this is a 11 Westinghouse memo attempting to move from Level 2 of your 12 industrial hygiene hierarchy to Level 1. 13 A Right. 14 Q In other words, not relying on engineering but 15 going to substitution; is that correct? 16 A Right. And I think that they are basing that, 17 as it says further down in the memo, that the continued 18 use of asbestos products will be prohibitively costly and 19 impractical for a number of different reasons, five 20 different reasons they gave, the last one being employee 21 allegations, Workers'Compensation claims. So the 22 economics of the situation appears to be one factor at 23 least in driving them to this substitution material. 24 Q Good business and common sense in other words? 25 A Right. 121 1 Q (By Mr. Weathersby) 1-12-76. Maybe I read 2 that wrong. 3 A I don't know why that's out of place. Here it 4 is. Got it. 5 Q The letter A below the indented paragraph, does 6 that go with 7009 or with 6998? 7 A I think it goes with 7009. And it's just one 8 comment that was made. 9 If you look at the third page of that document, 10 point A, it says: "Exposure of employees to asbestos 11 should be measured." It's on the third page of the 12 citation. See where I'm pointing (indicating)? 13 Q You know, I think the problem is I've got the 14 wrong document. I have -- 15 A Does yours-- 16 Q No. I've got the wrong document. Just don't 17 pay any attention to me. 18 A Your document should look like this to begin 19 with (indicating). 20 Q Yeah. I'm looking at the wrong one. I think 21 you're right. I did need the dividers. 22 A I'm going to go back to the copy place -- this 23 is off the record. 24 (Discussion held off the record.) 25 Q (By Mr. Weathersby) 7009 is a citation. And WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 122 1 the last page lists the proposed penalty -- 2 A Yes. 3 Q -- at $95 and the type of violation as 4 nonserious? 5 A Right. 6 Q Would this fall into the category of your 7 earlier opinion that this may well be one of those 8 violations that just happens but isn't a reflection of the 9 overall program? 10 A That's what OSHA would consider as a 11 nonserious, and that would fall into my category. 12 Q You prefer no violations, but-13 A Of course. 14 Q -- they do have degrees? 15 Okay. The next document is 6998. What 16 conclusions, if any, do you draw from 6998? 17 A Well, you could draw several conclusions. One 18 is that, okay, we're going to have to put a label on our 19 product, and what effect is that going to have on the 20 employees when they see all of a sudden a label coming out 21 that says this product is dangerous. 22 And I think they're looking from a personnel 23 relationship of how they're going to deal with informing 24 the employees in such a manner that it doesn't incur panic 25 for whatever reason. 124 1 A But 1 would say that the document speaks pretty 2 much for itself. 3 Q There are a number of different spins that 4 could be put on it? 5 A That's right. Correct. 6 Q On Document 7010, seven-zero-one-zero, without 7 knowing whether the corporation's decision was to 8 discontinue the fireproof or fire-retardant Micarta 9 product -- 10 A Right. 11 Q -- you wouldn't know exactly what was involved 12 in the absence of a program to find a substitute; would 13 you? 14 A Correct. 15 Q It might be that they're simply going to 16 discontinue the line? 17 A That could be the case. 18 Q And is there anything further that you would 19 read into 7010 concerning the intent or the attitude of 20 Westinghouse on the subject of asbestos or substitutes? 21 A Let's see what you're reading there. 22 Q (Indicating.) 23 A I'm getting confused now. 24 Q If you start getting confused on those, then we 25 may have a problem. 123 1 The thing that kind of bothers me on this is 2 they say at that very end that "Mr. Harrington will delay 3 as long as possible using the labels," indicating we're 4 really being drug into this kicking and screaming and if 5 we weren't required to do it we probably wouldn't do it. 6 That's how I'm reading the document. 7 Q And really to determine the intent of the 8 writer and the impact on the recipient, we need a little 9 more information than we've got here; wouldn't we? 10 A Well, all we have here is the one-page 11 document. But I think any careful reader of this could 12 read what I've just said into it. 13 Q And by the same token would you agree with me 14 that this could be an indication that he's attempting to 15 give the manager as much time as he can to prepare his 16 work force for the disclosure of a warning? 17 A You could read it that way, yes, sir. 18 Q And we don't know based on this whether as long 19 as possible is three days or three months or three years? 20 A You don't know the answer to that. 21 Q And all of those things would be important to 22 really drawing any conclusions concerning intent; wouldn't 23 they? 24 A That's correct. 25 Q All right. 125 1 A No. It was in here, but what was it after on 2 yours? 3 Q It was after 6998. 4 A Okay. Here it is buried down here. I've got 5 it now. Sorry. 6 Q The sentence I'm referring to or I really want 7 to focus you on is the sentence following no program to 8 find a substitute which reads: "If the problem is as 9 urgent as indicated in the attached letter, it would be 10 desirable to establish such a program as soon as 11 possible." 12 Is the January 26th the attached letter as far 13 as you know (indicating)? 14 A Yes. 15 Q So does that statement, "If the problem is as 16 urgent as indicated in the attached letter, it would be 17 desirable to establish such a program as soon as 18 possible," does that tell you anything about the intent or 19 the attitude of the writer? 20 A Well, I think if you look on the last page of 21 that "We must be prepared to begin using a substitute 22 material by July 1,1976." 23 That refers to the date that the OSHA standard 24 dropped down to 2 fibers. And obviously they were 25 anticipating they weren't going to be able to meet that WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 126 1 and that they were going to have to use something else and 2 it would be to their advantage to make that switch as fast 3 as possible. That's how I read it. 4 Q Are you familiar with the motivating 5 application that resulted in the development of the 6 fire-retardant Micarta? 7 A You mean why it was developed? 8 Q Yes, sir. 9 A I don't know the history of the product. 10 Q Let me represent to you that one of the primary 11 applications of fire-retardant decorative Micarta is 12 aboard ships to prevent smoke and fire from overcoming 13 people aboard ship when the fires go from stateroom to 14 stateroom or from cabin to cabin. 15 Am I correct in assuming that it would be your 16 conclusion that an application such as that would 17 certainly be an application that would have a very high 18 utility? 19 A I think you're weighing one risk to another 20 risk. And that's a very hard ethical question to talk 21 about. It really goes beyond the issue of health and 22 safety because you don't know, first of all, if a fire is 23 ever going to occur in the ship. 24 If you have a situation where a lire never 25 occurs and you put in a material that's going to release 128 1 wasn't that well-developed mechanism for doing so, that I 2 think government does have a role in that along with the 3 employer and the industry that's using the product and 4 maintaining the material. 5 Q All right. Let's move forward. 6 I guess the only thing that I wanted to ask you 7 about in Document 26299, which I need to mark -- is this 8 the correct document (indicating)? 9 A Well--(pause). 10 Q Bottom of page 22. 11 A I think it's the wrong document. I don't think 12 that's the right document. 13 Q You may be right. 14 A I think that's out of place in here, and I 15 don't know where it's at. It's the OSHA citation. 16 Q Okay. 17 A Oh, it's in the Bates -- 18 Q It is. It's in the Bates stamp. And I've got 19 the right one. I just found it myself. 20 There's reference at the bottom of your extract 21 there to the engineering department seeking permission 22 fromNES23 A Right. 24 Q -- to use a nonasbestos insulating material on 25 these units. Who is NES, if you know? 127 1 fibers that are going to kill workers from disease, that's 2 one risk. If you have the material put into a ship that 3 does catch on fire and that material saves a group of 4 workers, that's another degree. So it's an ethical issue 5 that one has to weigh. 6 I mean, one of the ways that I would look at it 7 is that if 1 could find a safer substitute than Micarta 8 containing asbestos, I would certainly put ail of my 9 effort into trying to find that safer substitute because I 10 know that that will prevent deaths. I'd also put in a 11 fire-control program to hope that you wouldn't have a fire 12 on the ship. But it's a balancing of risks that's very 13 hard to deal with. But if I have two known risks, one 14 with fiber and one with fire, I'd be looking at ways to 15 prevent both of those, substitution of nonhazardous 16 material for the Micarta and prevention of fire in the 17 first place. Does that -- 18 Q That covers my question. 19 And it would be appropriate, would it not, for 20 industry to work together and to rely on governmental 21 entities such as the Coast Guard to make decisions about 22 that ultimate risk utility analysis? 23 A Well, I think certainly governmental agencies 24 play a role in helping make those decisions. One of the 25 problems pre-OSHA act was at least in the industry there 129 1 A What page is that on? The first one? 2 Q It's on the second page, the next-to-the-last 3 paragraph. 4 A I don't know who NES is. 5 Q Okay. That's fine. 6 All right. Let's move forward to Document 7 7023. And I believe this document has to do with some 8 Workers' Compensation claims that were filed? 9 A Yes. 10 Q 1978 being the date? 11 A Yes. 12 Q We talked earlier about how the filing of a 13 Workers' Compensation claim doesn't necessarily mean that 14 there is a then-existing problem in the industrial hygiene 15 practices; correct? 16 A Well, any time you have a breakdown there's 17 some problem. Whether it is a catastrophic problem 18 compared to one that can be easily corrected, I can't 19 answer you. 20 Q Actually the question I was asking here was the 21 fact that in 1978 there were claims filed for 22 asbestos-related disease, that in itself doesn't 23 necessarily mean that as of 1978 when the claims were 24 filed that Westinghouse was anything other than in 25 compliance? WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 130 1 A Well, as I stated earlier, when you're talking 2 about asbestos-related disease, these are latency 3 conditions, and you have to look at the individual 4 situation to see when they were exposed, when the disease 5 occurred, when the claim was tiled. 6 Q And we don't have that information here? 7 A And we don't have that. And it could reflect 8 past -- but it also would be a good time to examine. 9 I think what this document says is we're 10 getting these claims but we better examine our program as 11 we have it right now to make sure we are in compliance. 12 Q There's a statement made, and I'll ask it and 13 see how you respond to it. The statement is made: 14 "Asbestos was considered relatively safe until the early 15 70s." 16 Would you agree or disagree with that statement 17 in the context of this letter? 18 A Well, I totally disagree with that, because I 19 think that we did have knowledge dating back to the 1930s 20 that asbestos was an extremely hazardous respiratory toxin 21 and that that data just evolved immensely after 1930 22 indicating other diseases. So I think this is a feeling 23 that many people had, and I've heard it in most of the 24 litigation that I've dealt with, but I don't agree that we 25 didn't have the knowledge pre-1970. 132 1 A Well, the one that comes to mind is the one 2 that I used through graduate school was Stedman's. Then 3 there's other documents and textbooks out there on 4 toxicology that make their own definition. 5 Q Stedman's would be a reasonable good general 6 category? 7 A Yeah. 8 Q How about for epidemiology, is there a 9 particular brand that you rely on or prefer? 10 A A brand of medical dictionary? 11 Q A brand of dictionary for epidemiology. 12 A I have Stedman's by my desk, and that's what I 13 use. I do have other documents that are like the chemical 14 index, the Merck Chemical Index and things of that nature 15 that I also have by my desk that I use. There are a 16 variety of textbooks also. I think Casserett and Doull 17 and others serve that purpose, Hamilton and Hardy, Proctor 18 and Hughes, et cetera. 19 Q Okay. Let's go to the next step down. 20 Let's go down to that February 13, 1979, 21 document. And help me make sure that I'm on the right 22 page here. 23 A Got it? 24 Q Yes. 25 What does this letter contribute to your 131 1 Q You used a word that sort of caught my ear 2 there referring to asbestos as a toxin. 3 A Right. 4 Q Under the definition that existed for a toxic 5 material, would asbestos have been classified as a toxic 6 material in the 1940s? 7 A Well, there's some I guess confusion as to how 8 the word "toxic material" is defined. In my mind, toxic 9 material is anything that causes a toxic reaction or a 10 poisonous reaction. So I classify it as a toxin. But, 11 you know, would have to go back to the dictionary 12 definition to really -- and that's beyond the science 13 really. My opinion is that it is a toxic substance. 14 Q You lead me to another point. 15 In terms of how you go about defining things 16 like toxin, where would you look? What dictionary would 17 you go to in your field? 18 A Well, first of all, I'd go to the Webster's 19 dictionary and see what it has to say. And there are 20 chemical dictionaries. There are medical dictionaries. 21 Q Are there particular medical dictionaries that 22 you would rely on? 23 A You mean any brand name? 24 Q Any brand names is what I'm referring to. 25 Stedman's? 133 1 opinions that are offered relevant to Westinghouse? 2 A Well, my opinion is that the senior buyer 3 noticed that an order was placed for 35 pounds of 4 asbestos. And in 1979 that was not a good thing to do and 5 that that should be the last time that such a purchase is 6 made and that we should completely switch to the 7 substitute material because the handling equipment allows 8 them to do so. And so I take it that that's what this 9 means to me is that this slipped through the system 10 somehow. 11 Q Do you read into that that Westinghouse is 12 making an effort to stay away from the use of any asbestos 13 material in their practices in order to avoid problems 14 withOSHA? 15 A Well, it reads to me that if they keep 16 purchasing it, that the government agencies are going to 17 be able to track it. And if the government agencies track 18 it and find they're using it, that it could cause problems 19 with whatever governmental agency, and I presume in this 20 case they're talking about OSHA. 21 Q Would the problem be increased surveillance? 22 A It could mean increased surveillance. It could 23 mean increased inspection. It could mean a lot of 24 different things. 25 Q As of 1979, it wouldn't have been an illegal WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 134 1 act for them to have been purchasing 35 pounds of asbestos 2 powder; would it? 3 A That's correct. 4 Q So it would be a reasonable construction of the 5 letter to read it as we don't want to be associated with 6 it because we don't want to be on a watch list? 7 A That's one interpretation, yes. 8 Q Is there anything that you read in this letter 9 that you would interpret as being an indication of any 10 improper behavior on the part of Westinghouse? 11 A No. 12 Q You having been inside the government 13 occupational health network, do you know whether OSHA or 14 one of the related agencies kept a higher surveillance 15 list based on industries that used asbestos? 16 A I don't know the answer to that. 17 (Whereupon, there was an interruption in the 18 proceedings.) 19 A I can't give -- no. I really don't know the 20 answer. 21 MR. WEATHERSBY: Let's go off the record a 22 second. 23 (A brief recess was had.) 24 Q (By Mr. Weathersby) Dr. Lemen, I want to ask 25 you some questions -- we're now skipping to the workplace. 136 1 A No. 2 Q In other words, the thing that we refer to in 3 this business as the state of the art as to hazards 4 associated with asbestos, you don't have any information 5 concerning Lone Star Steel's knowledge of the state of the 6 art? 7A Notspecifically. 8 QDo you know whether Lone Star Steel was a union 9 operation? 10 A It's my understanding that there are unions 11 representing certain groups of employees. 12 Q Do you know whichunions were involved? 13 A I'm not sure. I know you've mentioned some of 14 the unions, and I can't remember right now. But the 15 steelworkers, I believe, which are still the steelworkers. 16 I can't remember if OCAW was involved or not down there. 17 The steelworkers is the one that I know of. 18 Q So do you know at what point in time the 19 facility became affiliated with a national union? 20 A No, I don't. ' 21 Q Do you know anything about the Workers' 22 Compensation insurance arrangements at Lone Star Steel? 23 A No, I don't. 24 Q And by that 1 mean whether they were 25 self-insured or had an insurer or what? 135 1 And based on what you said earlier, I think that most of 2 these are going to be no information yet kind of 3 questions. But if they're not, you know, let me know. 4 First of all, what do you know about the 5 workplace involved in this case, that being Lone Star 6 Steel? 7 A Well, 1 have not visited the workplace. My 8 only knowledge of the workplace is in discussions I've had 9 with Mr. Roach. 10 Q Do you know the size of the facility? 11 A I really have no idea. 12 Q All right. Anything about the number of 13 employees that were employed there at any given time in 14 past history? 15 A Not really. 16 Q Do you know anything about the economic size, 17 that is, in the production capacity of the company? 18 A I just know that it's a large steel company, 19 but I can't quantify any information for you. 20 Q Do you know anything about Lone Star Steel's 21 internal industrial hygiene program? 22 A No. 23 Q What about anything to do with their knowledge 24 of industrial hygiene practices throughout the history of 25 the company? 137 1 A I don't know. 2 Q So I assume you also wouldn't know whether 3 their Workers' Compensation insurer was also a provider of 4 industrial hygiene services? 5 A I don't recall. 6 Q As relates to the plaintiffs in the next trial 7 setting, which is sometime late fall '99, have you 8 received any information on these particular plaintiffs? 9 THE WITNESS: I don't think you've sent me 10 anything plaintiff-specific. 11 MR. ROACH: No. 12 Q (By Mr. Weathersby) All right. No 13 plaintiff-specific information then? 14 A Correct. 15 Q Do you know -- 16 A I have in previous -- I guess I should qualify 17 that. I have plaintiff-specific information in previous 18 parts of this case but not pertinent to this part of the 19 case. 20 MR. WEATHERSBY: Is that correct, Nelson? 21 MR. ROACH: That's correct. Uh-huh. 22 MR. WEATHERSBY: Okay. Good. 23 Q (By Mr. Weathersby) Do you know what, if any, 24 Westinghouse products are at issue in this case at Lone 25 Star Steel? WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 138 1 A Not specifically, no. 2 Q1 And I suppose, for example, to the extent there 3 are people saying that they worked around a Westinghouse 4 turbine at Lone Star Steel, you wouldn't know anything 5 about the details of that turbine, where it came from, or 6 what kind it was or anything like that? 7 A No, l don't. 8 Q Are you familiar with the Texas enactment of 9 the threshold limit value? 10 A You mean when they adopted it in 1958? 11 Q When they adopted it in 1958. 12 A Yes. I have a copy of that, but I didn't bring 13 it to this deposition. 14 Q And that was a 5 million particle limit at that 15 point in time; correct? 16 A That's correct. 17 Q In looking through your CV, I noticed that you 18 had reference to some presentations that you have done 19 over the years. And among those -- I'll find a page for 20 you in just a minute. 21 A Probably starting on page 13. 22 Q Selected Papers Presented, which is actually 23 page 1,1 think. 24 A Yeah. But I think what you're looking for is 25 on page 13. 140 1 And if you have them, I'd love to get a copy. 2 THE WITNESS: I don't know how yours is 3 dated. 4 MR. WEATHERSBY: Mine is 4-9. 5 THE WITNESS: This is 6-9. I thought I 6 had given you the latest one. 7 MR. ROACH: Oh, I know. It's because my 8 secretary made a copy. That's my copy from the 9 office. 10 THE WITNESS: It should have the same 11 things on it because it hasn't been that much 12 updated, but it's different pages. 13 MR. WEATHERSBY: These are all old papers. 14 Q (By Mr. Weathersby) The first one I'm 15 interested in under Selected Papers Presented is 16 Cancer-Related Problems in the Metals Industry. 17 A Okay. 18 Q And the next one is that -- I guess either one 19 or both of these, BCME? 20 A Bischloromethyl ether? 21 Q Right. At the bottom of the page, the 22 Cytologic Operations and Cancer Incidence. It's two steps 23 below your cancer-related article. 24 A Oh, yeah. I got that. 25 Could I just ask out of curiosity why you're 139 1 Q No. The first one is on page 12, 2 Cancer-Related Problems in the Metals Industry. 3 A Right. 4 Q Is that a paper that you would still have or 5 that could be located? 6 A Well, I have a file that has selected ones of 7 my presentations. I can certainly look and see if it's 8 there if you want me to. Is this an exhibit that's been 9 marked? 10 Q Yes, it is. I'll tell you, I'll write them 11 down and get them. 12 A I can get them and then I can provide them to 13 Mr. Roach and then he can provide them. Is that fair? 14 Q That would be fine. It sure would. 15 A Ifl have them. I'm not promising you that 16 I've got them. 17 Q There's several in here that I would be 18 interested in having you check on, if you could do that. 19 A Okay. What's the next one? 20 Q Okay. 21 MR. WEATHERSBY: You know, 1 was thinking 22 I had another copy of this somewhere. 23 MR. ROACH: 1 have it here. 24 MR. WEATHERSBY: Yeah. If we could just 25 check off which, if any of these, you have. 141 1 interested in that? 2 Q I'm looking for other toxic substances that 3 you've done papers on. 4 A Oh, okay. 5 Those actually developed into a publication 6 which is contained back here. 7 Q Oh, is that right? 8 A Can I give you the publication? 9 Q That would help. In other words, tell me the 10 publication and then you can tell me whether the papers 11 are included. 12 A Okay. The publication on that one is Lemen, 13 Johnson, Wagoner, Archer, Saccomanno: Cytologic 14 Observations and Cancer Incidence Following Exposure to 15 BCME. It's in the Annals of the New York Academy of 16 Sciences, 1976. I'll just mark it off here and send it to 17 you. It's under Selected Publications. 18 Q I see it. I see it now. Outstanding. 19 A So while I may not have the speech, 1 can 20 certainly give you the -- 21 Q That would be fine. And I see the cadmium 22 article immediately below that. 23 A So you want cadmium, too? 24 Q Yes, sir. 25 A There's actually three publications on cadmium WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 142 1 because we've updated the cohort three times. 2 Q And immediately below that is the Lloyd and 3 Lemen article on Cancer Hazards in Steel. 4 A Right. That's a proceedings from a conference. 5 and I'm pretty sure I have that one. 6 Q Okay. If you have it, I'd love to have it. 7 Have you been called upon to offer assistance 8 or consultation, testimony, in any cases involving as your 9 next article there refers to asbestos in dentistry? 10 A No. I just -- we wrote that article. Infante 11 is a dentist. And he and I were working together at one 12 point in time, and we put together what we knew about 13 asbestos use in dentistry as an article. 14 Q The other article that I would like to see, if 15 you could help me with that, is over on the next page: 16 Silica, Silicosis, and Cancer, Cancer Research Monographs, 17 over on page 22,1 think it is. 18 A Am I the first author of that one? 19 Q Yes, sir. Lemen, Dunnom, and Wagner. 20 A That's a book chapter, I think, if I can find 21 the thing. 22 Q> Okay. Obviously if you can't find them it's 23 A No. I mean I can't find it on here to mark it. 24 I know I got the book chapter. 25 Q It is on here two slots up in your list from 144 1 listed is one entitled Cancer-Related Problems in the 2 Metals Industry: An Epidemiological Overview. It's a 3 1977 presentation. 4 A Right. 5 Q Do you know by chance ifyou would have the 6 paper involved in that? 7 A I don't know. I'll have to look. 8 Q If you'd check on that, that would be 9 outstanding. 10 A I tried to keep most of my presentations, but 11 some slipped through. I didn't -- 12 Q You've done several, so that's understandable. 13 Are there other companies that you have done 14 revised timelines for other than Westinghouse? And by 15 that I mean your timeline with the relevant documents 16 adjusted to the particular company. 17 A I've done it in individual plaintiffs by 18 inserting their work histories and so forth on several 19 occasions. And I've done it for USX, United States Steel, 20 in the Eisenreich case. I can't think of any other 21 companies that I've done it for. 22 Q Do you have a copy of the U. S. Steel relevant 23 timeline that you've done? 24 A Yes. 25 Q Okay. I would request a copy of that. 143 1 the bottom. 2 A Okay. Then it's over here. Here, I got it. 3 Q It's actually not two slots up. It's a lot 4 further in than that. 5 The next document that I had an interest in, if 6 you've got it, is the NIOSH 1985 criteria document for 7 Recommended Standard in Foundries. 8 A I don't think I personally have a copy, but it 9 would be in the NIOSH. 1 can call them and ask them to 10 send me one. 11 Q I can -- 12 A Or you can get that. 13 Q I can get that. 14 A If you want to just call the NIOSH 1-800 15 number -16 MR. ROACH: I think the foundry document 17 is on the web. 18 A It should be. If you go to the NIOSH home 19 page, I think all the documents are on the web. 20 MR. ROACH: Not all of them, but I think 21 the foundry document is on the web, I believe. 22 A I do have it on a CD-ROM in my office. 23 Q (By Mr. Weathersby) If I can't find it, I'll 24 get back to you. Okay? Otherwise I'll deal with it. 25 Among the papers or the presentations that are 145 1 MR. TIERNEY: Back to that document, if 2 that document is an Eisenreich document, we 3 would instruct the doctor not to turn that over 4 until you have that issue placed before the 5 THE WITNESS: That is an Eisenreich 6 document, so I'll await instructions from 7 whoever. 8 MR. WEATHERSBY: I will consult with Texas 9 counsel and find out how they want to handle it 10 and let them and Mr. Tierney get a hearing with 11 the judge. 12 MR. TIERNEY: Yeah. Do you have my 13 address so you can serve me with any motion? 14 MR. WEATHERSBY: I won't be filing any. 15 If there's any filed, it will be filed by 16 Jenkins & Gilchrist, and I'm sure they can get 17 your address. I'll tell them who you are. 18 MR. TIERNEY: Okay. 19 Q (By Mr. Weathersby) Doctor, have you done any 20 study of the organizations, industry affiliations and that 21 sort of thing within the steelmaking industry in the 22 United States? 23 A You mean like a trade organization? 24 Q Yes, sir. 25 A 1 haven't done any personal studies of any. If WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 146 1 you could give me an examination of like -- I have -- oh, 2 as relates to steel. I guess what you're talking about, I 3 have done an evaluation of, say, like the Chemical 4 Manufacturers Association and how they relate to vinyl 5 chloride. 6 Q That type of thing, American Iron and Steel 7 Institute. 8 A I have not done anything with them. 9 Q Have you any familiarity with the steel mills 10 that comprise the American steelmaking industry? 11 A I don't have a list or knowledge of which ones 12 are members. 13 Q Are there major players within the steelmaking 14 industry and have there been through the years that you 15 would expect a steel mill such as Lone Star Steel to look 16 to for their standards in production and -- 17 A Well, I know that United States Steel or USX 18 from the time that I came with the federal government and 19 was with NIOSH we had a fairly close relationship with 20 Dr. Merrill Bundy, who was the medical director of USX, 21 and he participated in a lot of NIOSH committees, and I 22 knew him through that general way. I don't know if I knew 23 many of the other steel medical people. 24 We also had a relationship with the United 25 Steelw orkers Union. And one of my mentors in NIOSH, 148 1 Q So you have not investigated the level or 2 extent of knowledge that those publications reflect on 3 state of the art of hazards associated with asbestos? 4 A Well, I think if you look at the -- if there's 5 some decision for me to release the timeline, you may see 6 some reference to selected numbers of those in the 7 timeline. 8 Q Okay. Is there anything in the timeline that 9 you have provided for us as Exhibit 1 - 10 A Here it is. 11 Q I'm looking for my copy, which I've, of course, 12 lost. 13 -- that you believe indicates knowledge that 14 Westinghouse should have had or did have at a particular 15 time? Is there anything there that you believe would have 16 been unavailable to the steelmaking industry at the same 17 time? 18 A Well, of course the internal documents that 19 Westinghouse had would not have been made available to the 20 steel industry, but the general knowledge that is imparted 21 in the IHF and the general medical literature should have 22 been available similarly to the steel industry as it was 23 to Westinghouse. 24 Q It certainly would have been equally available; 25 would you agree? 147 1 Dr. Bill Lloyd, had done a series of epidemiological 2 studies with Carol Redmond of the -- in Pittsburgh, and so 3 I was familiar with those studies and actually, as you 4 saw, published some things with Dr. Lloyd. 5 Q Have you any familiarity with the periodicals 6 that are written and read within the steelmaking industry 7 in the United States? 8 A Written and read? 9 Q The type of thing like the Industrial 10 Hygiene -- 11 A Oh, written and read? 12 Q Yes, sir. 13 A Not "written in red." 14 MR. W1TTIE: That's what I thought you 15 said, too. 16 MR. GUSTAFSON: That's what he did say. I 17 don't know a magazine that's got red type. 18 THE WITNESS: I'm not trying to be funny, 19 but that's the way it came out. 20 Q (By Mr. Weathersby) I understand. Go ahead. 21 A I'm familiar with the United States 22 Steelworkers Union's internal magazines and I've seen 23 trade associations, steelworkers magazines. I've not 24 regularly read those or subscribed to those, but I've seen 25 some of those. 149 1 A Yes. 2 Q And how about in terms of information available 3 to the unions that were affiliated with the steelworkers 4 at the same time, would they have likewise had access to 5 the information that was being disseminated by the 6 Industrial Hygiene Foundation? 7 A I don't think they would have had the same 8 information as being disseminated by the Industrial 9 Hygiene Foundation. I'm not completely clear when the 10 labor unions first started representing steelworkers, when 11 they developed a health and safety program. 12 I do know that my knowledge dating back to the 13 early '70s would indicate that the steelworkers union has 14 had a strong health and safety program and presence and 15 has worked closely with the steel industry in sharing 16 information, but I can't go pre that because I don't have 17 that now. 18 Q You have not investigated that issue? 19 A No. 20 Q And I assume, likewise, you probably are not 21 familiar with the historical affiliation of the 22 steelworkers unions with either the AFL or the CIO before 23 those organizations merged? 24 A Well, not off the top of my head. 1 do have 25 some historical documents that don't relate to this case WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 150 1 and were not collected for this case that deal with the 2 history of the trade ~ the labor -- 1 mean, not the trade 3 but the labor movement in the United States that deal with 4 the AFL and the CIO before they merged and have some 5 biographies of people like Samuel Coppers and others that 6 were kingpins in the labor movement that have that 7 history. But I haven't gone back to that recently to pull 8 any of that out for this case. 9 Q Would it be your opinion that the merged 10 AFL-CLO provides an organization for unions similar to 11 what is provided to industry by organizations such as the 12 Industrial Hygiene Foundation or other industry-related 13 organizations? 14 A Again, 1 can't tell you w ithout going back to 15 the references when that began, but from the entire time 16 that I have been in the federal government, that being 17 1970 forward, the AFL-CIO has had a health and safety 18 department with personnel in that department which have 19 imparted information on health and safety to member unions 20 of the AFL-CIO. And I personally was employed after I 21 retired from the U. S. government for two years by the 22 Buildiing and Construction Trades Department of the AFL-CIO 23 in the 15 different unions representing construction 24 workers. 25 MR. WEATHERSBY: Tell you what. Can we 152 1 asbestiform fiber type that's of commercial use, that 2 being chrysotile. Then the amphibole family has six 3 basically of commercial use. And they do have different 4 chemical formulas, and so, therefore, they are 5 mineralogically different. 6 Q And at least as between the serpentine and the 7 amphiboles, they're shaped differently? 8 A Yes. 9 Q And they behave differently when confronted 10 with moving air currents? 11 A Yes. 12 Q And to refer to asbestos as all the same stuff, 13 they're at least different to that extent; right? 14 A They're different chemically. 15 Q Chemically? 16 A But they're all in the same general terminology 17 of asbestos. 18 Q They're different chemically and in terms of 19 shape or I guess you could say morphology? 20 A Correct. Morphology is a good word. 21 Q All right. I don't want to get too far down 22 this path, but did you know Lester and Lewis Crawley? 23 A I know Lewis Crawley quite well. He was my 24 first -- well, actually he hired me into the Public Health 25 Service. And I have kept in contact with him and still do 151 1 take about five minutes? I'm kind of at a 2 turning point that I need to decide what I've 3 got left to do here. I think the good news is 4 we're kind of coming to a halt and close. 5 MR. ROACH: Sure. 6 (A brief recess was had.) 7 (Defendants' Exhibit No. 59 marked for 8 identification.) 9 Q (By Mr. Weathersby) Dr. Lemen, I've got the 10 Survey of Asbestiform Minerals that you had prepared, the 11 one page that I understand is the sole page of addition to 12 your last production of timeline notebook; is that 13 correct? 14 A That's correct. 15 Q And we've marked it Defendants'Exhibit 59, 16 Lemen, in this case; right? 17 A That's correct. 18 Q The only question that I guess I'll ask you 19 about this is is it a correct characterization of these 20 asbestiform minerals that each of the eight that you have 21 listed with different nonasbestiform occurrence 22 constituent elements there, each of these are actually 23 mineralogically distinct and different materials; aren't 24 they? 25 A They were. The serpentine family has one 153 1 correspond with him from time to time. 2 Q Is he still in life? 3 A Yes. He lives in Cincinnati. 4 Q Oh, I didn't realize that. I guess his twin 5 was the one who had died. 6 A No. They're both alive. Because someone was 7 trying to get ahold of him, and they said, "Oh, we'll call 8 him. We think he's in California." And they got his 9 brother Lester. And they said, "We thought you were 10 dead." And he said, "No, I'm still alive." 11 Q In other words, the reports have been 12 exaggerated? 13 A They're both probably in their 80s at this 14 point in time, but they're both alive. 15 Q Is it correct that one or both of those two 16 gentlemen were adherents at one time to the theory that it 17 was the metal content in asbestos that was actually the 18 problem? 19 A I don't know about Lester Crawley, but I know 20 when I first came to the Public Health Service Dr. Lewis 21 Crawley was working on the issue of metal content and its 22 reflection into the carcinogenicity of the fibers. I 23 don't know if he holds that belief today, but I know that 24 he was doing research in that general area back in 1970 25 when I came to work. WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 154 1 Q At least as of that time he considered that to 2 be a viable hypothesis? 3 A To the best of my knowledge, that's what he 4 thought. I can't really speak for him, but that was my 5 understanding. 6 Q And he was certainly a competent and respected 7 professional in his field; was he not? 8 A Yes. But I don't know what his thoughts are 9 today. I don't know if he really believed that as the 10 only mechanism back then either. 11 Q1 Now, I went down that path and I sort of lost 12 where I was going. Bear with me just a second. 13 (Discussion held off the record.) 14 Q1 (By Mr. Weathersby) Steel mill epidemiological 15 studies. Are there steel mill epidemiological studies 16 that you would rely on in drawing conclusions as to the 17 risk of lung cancer in the steelmaking industry? 18 A I probably would say that the most reliable and 19 probably the classic studies, epidemiologic studies, were 20 those performed by Carol Redmond and Bill Lloyd at the 21 University of Pittsburgh. And those still stand out. I 22 think there are four or five in the series as probably 23 some of the best studies that have ever been done 24 epidemiologically, one of the steel mills, but also in 25 developing the methodology that was use as retrospective 156 1 briefly about epidemiology. I don't want to go into a lot 2 of detail about that, but would you agree with me that in 3 considering the significance of a finding of risk in a 4 cohort study that the applicability of the study is 5 directly related to the particular job function or area in 6 the plant that a steel worker would be engaged in? 7 A If I understand your question, you're saying 8 the results of the study would be related to the job or 9 the geographical location? 10 Q Let me back up. 11 Would conclusions that are reached in a study 12 concerning steel mill office workers necessarily be a 13 valid study to rely on in drawing conclusions of risk 14 related to a coke oven worker? 15 A No. 16 Q So the location within the facility where the 17 work takes place is an important factor? 18 A Yes. 19 Q Would duration of work be of importance in 20 assessing the conclusions that are reached as relates to 21 carcinogenicity? 22 A Yes. 23 Q Would the time or the opportunity for latency, 24 the maturing process of the underlying disease, would that 25 be an important consideration in weighing the validity of 155 1 cohort analysis in occupational health studies. 2 Q Those were the ones entitled long-term 3 mortality study of steelworkers? 4 A Yes. 5 Q And published in the Journal of Occupational 6 Medicine? 7 A That's correct. 8 Q And at least from your vantage point if you 9 were looking for a more or less definitive work as to how 10 to do it and so forth, that series would be where you 11 would go? 12 A I'd start there. 13 Q Are there others apart from those that you 14 would rely on? 15 A Well, there are other studies of the steel 16 industry. I haven't recently done a literature search in 17 looking at those, but I would start with the Redmond/Lloyd 18 series of papers and move forward. 19 Q That's not something that you have analyzed in 20 preparation for your testimony today? 21 A No. Because they didn't deal specifically with 22 asbestos exposure. 23 MR. WEATHERSBY: Off the record. 24 (Discussion held off the record.) 25 Q (By Mr. Weathersby) Okay. Let's talk very 157 1 a study to a particular cohort? 2 A Yes. 3 Q Are you aware of any cohort studies that have 4 been done in the steel industry -- and I don't want to put 5 you in the position of answering questions you aren't 6 prepared to answer today. I understand that. I'm not 7 trying to catch you off guard. But are you aware as we 8 sit here today of any cohort studies that have been done 9 of steelworkers in which the controls considered smoking 10 as an issue in relation to incidence of lung cancer? 11 A I'd have to go back to the literature and look 12 at that. 13 Q Certainly smoking is an important consideration 14 in a study involving lung cancer; is it not? 15 A Yes. 16 Q I've got questions about various biases and 17 control issues, but I think we would really do best to ask 18 those in the context of a study rather than in the 19 abstract. 20 Let's see if I can ask one fell swoop question 21 about these documents that are not included in your 22 timeline that I haven't already asked. And I'm referring 23 to the documents numbered 5 through 58. 24 Do you have any opinions that you have reached 25 after reviewing these documents that you would consider to WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 158 1 be of importance as to the issue of, for lack of a better 2 term, improper or bad acts of Westinghouse with regard to 3 its involvement in the asbestos industry? 4 A I don't think so. One of those documents, 57, 5 was my CV, so I don't think -6 Q That didn't have a lot to do with that; did 7 they? 8 And 58's your bill to Nix Patterson; right? 9 A Right. 10 Q I don't think they can be blamed for that. 11 MR. WEATHERSBY: Dr. Lemen, I believe I'm 12 at the point where I may have a couple of 13 scattered finishing up questions. 14 But are either of these other gentlemen 15 going to have questions? If they do, have at 16 it. 17 MR. GUSTAFSON: I have a few topics. 18 MR. WEATHERSBY: Go ahead and ask, and 19 I'll be going through these things so that I 20 may not have to delay anybody any further 21 because I really think I'm about through. 22 CROSS-EXAMINATION 23 BY MR. GUSTAFSON: 24 Q Dr. Lemen, my name is Ivan Gustafson. I'm here 25 for Pittsburgh Coming today. 160 1 Q Whether we have talked about them with you or 2 not. 3 Did you receive any additional documents 4 relevant to Pittsburgh Coming Corporation for these 5 cases? 6 A No. 7 Q Did you bring with you a copy of this just 8 slightly over two-page report by any chance? 9 A Actually I was supposed to, and it's an 10 oversight. I'll be happy to amend my deposition with it. 11 I knew it had been furnished in the material, and 12 Mr. Roach had asked me to bring it. And I'll be quite 13 honest, I didn't. But it was my fault, not any other -- I 14 was going to mention that before we closed the deposition 15 anyhow. 16 MR. GUSTAFSON: I just wanted to attach it 17 so we'll know historically what it says. If 18 you've got a copy. We don't need the 19 attachments. 20 MR. ROACH: Just the report? 21 MR. GUSTAFSON: Just the report. 22 All right. We'll attach that as Exhibit 23 60. 24 (Discussion held off the record.) 25 (Defendants' Exhibit No. 60 marked for 159 1 You have issued a report concerning Pittsburgh 2 Coming Corporation for this group of cases; haven't you? 3 A The two-page report? 4 Q Yes. 5 A Yes, sir. 6 Q Do you see that report as simply an attempt to 7 set out in two pages the opinions on Pittsburgh Coming 8 that you have previously given, or is this in your opinion 9 an extension or some expression of new or different 10 opinions that you have not yet -11 A Well, I think if you -- I'm sure you've read 12 it. 13 Q I have. 14 A I don't think it reflects any opinions that I 15 have not already expressed concerning Pittsburgh Corning. 16 It's basically a chronology of my activities starting in 17 the '70s with Pittsburgh Corning Corporation. 18 Q With respect to the documents that you cite as 19 attachments to this report - and there were I think five. 20 Actually eight. I'm sorry -- none of those are things 21 that were new to you for this report; were they? 22 A No. I think all of those have been shared with 23 you before. If they haven't, I would be surprised. 24 Q They're all very familiar to me. 25 A Okay. 161 1 identification.) 2 Q (By Mr. Gustafson) With respect to the 3 documents that you've produced that consist of abstracts 4 from the Industrial Health Foundation, how do you view 5 that organization in the development of knowledge 6 regarding industrial hygiene? 7 A I think it's been an important organization for 8 developing the knowledge. Sometimes that organization has 9 not really released the material on a timely basis, but 10 the historical perspective now looking backward towards 11 that organization is that there was a lot of information 12 contained there concerning industrial hygiene progression 13 from the '30s to the present time. 14 Q There are those who view the - I'm going to 15 use the abbreviation IHF for the Industrial Health 16 Foundation - who view that organization as on the whole a 17 organization which was a front for industry and on the 18 whole not a positive influence on the development of 19 knowledge regarding industrial hygiene and industrial 20 hazards. 21 Do you agree with that view or disagree with 22 that? 23 A I have some concerns, as I said previously, 24 that there were developments that the IHF knew about that 25 were not made public on a timely basis which others that WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 162 1 were not members of the IHF could have used -- and I think 2 I've written about this in papers that I've written - 3 that would have changed possibly the way we approached 4 asbestos and other dust and other fibers or 5 pneumoconiosis. That may have made a difference in the 6 earlier prevention of disease than what we have seen as a 7 historical fact to have occurred. 8 Q Do you agree or disagree with those who claim 9 the IHF is a tool in the conspiracy to suppress knowledge? 10 A Well, where is that -- I'm trying to think 11 of -- one of the documents that we reviewed earlier on 12 in my timeline I guess is where it's at. It really kind 13 of outlines my feeling if you look at page 6 of the 14 timeline. 15 Q Is this the Westinghouse? 16 A Yes. 1936 where I talk the first time about 17 the IHF. At the bottom of that paragraph where they talk 18 about the Foundation was labeled by at least one person, 19 Vandiver Brown, who was an asbestos company executive, who 20 described to C. J. Stover, the publisher of Asbestos, 21 December 4th, 1936 it as, I quote, the creature of 22 industry and the one institution upon which employers can 23 rely completely for a sympathetic appreciation of their 24 viewpoint, end of quote. 25 I would say that's why it was set up. I would 164 1 the literature. 2 Q Do you perceive the membership of the IHF as 3 being a monolithic group, each of which was fully aware of 4 everything every other member knew and all of whom agreed 5 to all decisions made about publishing? 6 A I can't say yes nor no to that. 7 Q Have you ever looked at the reference Castleman 8 cites when he's quoting that Brown to Stover - 9 A Yeah. I have seen the reference. 1 can't 10 completely remember exactly the whole thing, but I have 11 read the reference. 12 Q Would you agree with me that that reference was 13 written from the political perspective that it would be 14 left of center? 15 A Left of center? 16 Q The reference that Castleman cites in 17 describing the letter. 18 A What do you mean? The letter? 19 Q No. The reference that Castleman uses in 20 support for this -- in particular this section? 21 A Again, you'll have to enlighten me what the 22 reference was. I've seen it, but I can't remember the 23 citation. 24 Q Isn't that the reference that called the IHF 25 "the drabbing slut of industry"? 163 1 say that it was set up to share information within the 2 industry. I would never -- I won't go so far as to say it 3 was set up as a conspiracy to hide information, but it was 4 a group that would share information within the industry. 5 And as history has told us and shown us, they did have 6 information that they did not share on a timely basis that 7 in my opinion could have probably prevented at least in 8 part some of the epidemics we have seen to have occurred 9 with asbestos. 10 Q With respect to that situation, do you have an 11 opinion as to the motivation for that failure to publish? 12 A Well, I mean, there's been a considerable 13 amount written on this that have revealed internal 14 documents that have talked about reviews of studies and 15 not to use the word "cancer" and let's keep that out in 16 the British literature and in the American literature. I 17 mean, there's a whole history that's been documented not 18 necessarily by me but by other people. 19 But to answer your question, which I just 20 forgot -- 21 Q Whether or not you have an opinion as to the 22 motivation of the IHF -- 23 A To answer your question, 1 think there was 24 motivation on the IHF to control how the material was 25 presented, and I think that's fairly well documented in 165 1 A I have to go back and look. 1 don't know if it 2 was called "the drabbing slut." 3 MR. ROACH: You talking about the Vandiver 4 Brown letter? 5 MR. GUSTAFSON: No. I'm talking about 6 where Castleman got this. 7 A I actually think that I've seen the letter. 8 Q (By Mr. Gustafson) Where did Castleman get it 9 was the question. What does he cite as the -- 10 A Well, the letter-- 11 Q No, not where he got the letter, what he cites 12 when he writes this in his chapter? 13 A I don't know. I'd have to go back and look at 14 it. 15 Q Where he got his information basically. 16 With respect to the contents of the IHF 17 summaries or if I can use that word with respect to the 18 articles that are contained in the things that you brought 19 with you today, do you have an opinion as to whether that 20 was a helpful thing to do to summarize scientific and 21 medical articles as they did in industry with the 22 summaries? 23 A I think it was helpful to distribute summaries. 24 I think the fact that they gave citations and references 25 then allowed those that saw those coming to go further to WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 166 1 get the information. So I can't say it was a harmful 2 thing to do. 3 Q Do you have any criticism of the summaries 4 themselves that they either failed to emphasize or 5 overemphasize particular parts of the papers they purport 6 to summarize? 7 A I really haven't done a page-by-page analysis. 8 I may have if I would do that. But right now I'm not in a 9 position to say that I do or I do not. 10 Q Do you know if those summaries were available 11 beyond the membership of the IHF? 12 A I do not. 13 Q Do you know whether or not the IHF summaries 14 summarized articles that were not generally available in 15 medical and scientific literature? 16 A There were some, I think, that were generally 17 available. 18 Q Can you think of any in particular that you 19 think are of significance to the question of asbestos 20 health hazards? 21 MR. WEATHERSBY: Which one do you want? 22 The big one or the little one? 23 THE WITNESS: Just one of these. 24 A It would take me some time to go through this 25 and answer that question. But ones that didn't appear in 168 1 A Yes. 2 Q Was it characteristic of the working 3 environment within steel mills and open-hearth furnaces 4 that there was a lot of heat around which men worked? 5 A Yes. 6 Q And was heat exhaustion and the effects of heat 7 stress perceived as one of the most significant industrial 8 health problems of the steel mill work? 9 A It was certainly one of them. 10 Q With respect to the effect that heat has on 11 air, would you agree with me that heat causes air to rise? 12 A Yes. 13 Q It's not a trick question. 14 With respect then to the flow of air within a 15 steel mill, an operating steel mill, would you expect 16 based on your knowledge of industrial hygiene practices 17 for the flow of air to be one which comes in at the bottom 18 with cooler air and circulates out higher up as hot air? 19 A Yes. 20 Q And are, in fact, most steelmaking facilities 21 structured in such a way that hot air is allowed to get 22 out through the top of the roofs that cover the furnaces 23 or the milling and molding devices? 24 A That's correct. 25 Q If asbestos fiber is suspended in the air over 167 1 what I would consider some of the mainstream literature 2 may not have been available. 3 Q (By Mr. Gustafson) Were there any summaries 4 that appeared only in the -- well, that's not a very -- 5 let me withdraw that and start again. 6 Were there any articles summarized in the IHF 7 publications that were not available otherwise? That is 8 to say, did they summarize anything that was only 9 available through the IHF? 10 A Most of the material that they summarized was 11 available in the general literature. I can't tell you if 12 there were any that were not for sure without going 13 through it page by page. And I don't know if you want to 14 do that or not. 15 Q For example, just by way of example, do you 16 recall whether or not you saw summaries of data generated 17 by, say, the Johns-Manville Corporation that 18 Johns-Manville published anywhere other than the IHF? 19 A I don't recall seeing that. It doesn't mean 20 that it's not in there. 21 Q Let's switch topics right now, Doctor. 22 Would you agree with me that in general the 23 making and shaping of steel as takes place in American 24 steel mills in the AOs, '50s, '60s, and '70s was a 25 process that produced a lot of heat? 169 1 a heat source in a steel mill, would you expect it to be 2 carried up and out of the building with the heat and the 3 heated air? 4 A Some might be. It would depend upon the 5 aerodynamic properties of the fiber, which includes size, 6 weight, shape, that type of thing. 7 Q Is it as a rule of thumb accurate to say that 8 anything which is capable of being suspended in air for 9 longer than a couple of minutes would be carried up and 10 out by the heat-caused air currents in a steel mill? 11 A That could happen, yes. But, however, some of 12 that could settle, too. 13 Q You mentioned that you collect old industrial 14 hygiene textbooks? 15 A Well, not just industrial hygiene but 16 occupational health textbooks. 17 Q In the collection that you've amassed, what is 18 the first date ofpublication in which you can read in a 19 textbook on either occupational medicine or industrial 20 hygiene that asbestos was something that should not be 21 used in an industrial or commercial application without a 22 respirator? 23 A Without a respirator or some form of personal 24 protection? 25 Q Well, specifically without a respirator and WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 170 1 then well move on to the broader. 2 A Well, I think -- I don't recall if they say 3 respirator, per se, but in Thomas Oliver's 1902 text I 4 think that they talk about dust hazards. And then by 5 the -- I can't remember the exact date of publication, but 6 the Lanza textbook, and I think it came out in the '30s, 7 they talk about protection. I have not specifically gone 8 back and reviewed that question for this deposition. I 9 could go back and do a review if you want me to, if you 10 want to hire me to do it. 11 Q Well, 1 suspect that whatever 1 want may not be 12 the determining factor in that question. 13 With respect to the textbooks that you have 14 collected, what is the oldest book that advocates or 15 suggests the banning of asbestos-containing products in an 16 industrial setting such as a steel mill? 17 A 1 can't tell you any textbook that actually 18 advocates the banning, but they do talk about substitution 19 in some of the texts, but I don't know of the word 20 "banning" being used in the earlier textbooks. 21 Q Do any of the textbooks state that asbestos 22 products must be substituted for in a setting such as a 23 steel mi ll? 24 A Not to my knowledge. I don't know the answer 25 to that. 172 1 Q Have you ever 2 A As relates to Morgan? 3 Q As relates to Morgan, yes. 4 Do you know what Morgan Engineering produces? 5 A No. I take it it must be cranes because you 6 mentioned that earlier. 7 Q Oh, dam it. Gave that away. 8 Have you ever produced a report or timeline 9 regarding the crane industry in general? 10 A No. 11 Q Have you formed any opinions regarding the 12 state of knowledge of overhead crane makers? 13 A No. 14 Q Are you aware of any overhead crane 15 manufacturers, including but not limited to Morgan, being 16 in any of the organizations that we've discussed? 17 A I haven't looked. 18 Q And I'm referring to the Industrial Hygiene 19 Foundation. 20 A I haven't looked specifically to see if Morgan 21 was a member. 22 Q But from memoryyou don't recall if any 23 A I haven't looked, and Idon't recall any. 24 Q You spoke earlier about the dose-response 25 relationship. When you use that phrase, what do you mean? 171 1 Q Based on your knowledge of the historical 2 development of state of the art on asbestos, when would 3 you say there was a general consensus in the government 4 occupational medicine and industrial hygiene community, if 5 I can use that term, that asbestos-containing products 6 could not be safely used in an industrial setting such as 7 a steel mill? 8 A I can't put a date on that as relates to a 9 steel mill. 10 MR. GUSTAFSON: Doctor, I think we've 11 asked you all the other questions we wanted to 12 ask you earlier, so that will be it for today. 13 THE WITNESS: Okay. Thank you. 14 CROSS-EXAMINATION 15 BY MR. WITTIE: 16 Q And, Dr. Lemen, my name again is Vance Wittie. 17 I represent Morgan Engineering. 18 Have you prepared a timeline or other form of 19 report regarding Morgan Engineering? 20 A No, I have not. 21 Q I'm happy that the very idea of that amuses 22 Nelson. 23 Have you ever been requested to make such a 24 report or timeline? 25 A No, 1 haven't. 173 1 A I mean the higher the dosage of the toxic 2 material, the higher the risk of developing disease; the 3 lower the dosage of the toxic material, the lower the risk 4 of developing the disease. 5 Q And what are the constituents of dosage? 6 A Dosage is a concentration to which an 7 individual is exposed. 8 Q Would that depend both on the amount of 9 asbestos fibers present in the breathing zone as well as 10 the duration of time the person is exposed? 11 A Both of those are factors, yes. 12 Q Have you any kind of opinion regarding which 13 factor is more important in determining the dosage against 14 the overall risk? 15 A Well, they both play an important factor. If 16 you have a high dosage for a short period of time, you'll 17 have a different amount of concentration that you breathe 18 in. If you have a low dosage for a higher period of time, 19 you could have equally as high a concentration as you 20 breathe in. So both factors play together, and it 21 really -- you have to determine how each factor plays with 22 the concentration in the breathing zone that the person is 23 exposed to. 24 For example, I could have a person breathing at 25 X concentration for eight hours and I could have a person WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 174 1 breathing at a higher concentration, say Y concentration, 2 for three hours and both could actually have the same 3 dosage. So the factors play together. 4 Q Would dosage be basically a function ofjust 5 multiplying the time by the exposure amount? I mean, is 6 there a direct kind of relationship like that? 7 A Well, there are a lot of other factors that fit 8 in. For example, if you're breathing, if the individual 9 exposed is in a high-activity work which causes their 10 breathing rate to increase, that is a factor that has to 11 be considered also. If they're in a job that's fairly 12 sedentary where they're just sitting there, that's another 13 factor. 14 So there are multiple factors that you have to 15 take into consideration in determining the actual dosage 16 that an individual gets. And in doing that oftentimes 17 they'll break them into sedentary jobs and 18 moderate-activity jobs, low-activity/high-activity j obs, 19 and then also consider that in the amount of dose, both in 20 the time duration and concentration in the atmosphere 21 that's being breathed. 22 Q Have you formed any opinions with regard to the 23 availability of substitute or alternative products for 24 asbestos and its application in braking products? 25 A No. 176 1 MR. WEATHERSBY: I think that's it. 2 MR. GUSTAFSON: 1 thought of another one. 3 MR. WEATHERSBY: Go ahead. I'm about 4 through. 5 RECROSS-EXAMINATION 6 BY MR. GUSTAFSON: 7 Q All right, Dr. Lemen. I want you to confine 8 your answer to one based on information published in the 9 medical and scientific literature. Disregard anything 10 that may not have been available because it was not 11 published. 12 When, based on information available in the 13 medical and scientific literature, should an industrial 14 consumer such as a steel mill have no longer specified or 15 purchased asbestos-containing thermal insulation products? 16 A You mean published in a paper? 17 Q No, sir. Based on the general published 18 information regarding the health hazards associated with 19 asbestos use in the general medical and scientific 20 literature, at what point do you believe based on your 21 knowledge of the development of that literature should an 22 industrial consumer such as a steel mill have no longer 23 specified for use in its plants or purchased for use in 24 its plants an asbestos-containing insulation product? 25 A I can't answer when they should not have 175 1 Q Have you ever given an opinion on the subject 2 in any other proceeding? 3 A On substitution? 4 Q On substitution specifically related to braking 5 products. 6 A I don't believe so. I can't recall ever doing 7 that. 8 Q Are you aware of any information indicating 9 release of asbestos fibers in harmful amounts merely from 10 the ordinary operation of brakes? 11 A Well, there are several papers written about 12 brakes. I have a series of articles that I have put 13 together on measurement of dust concentrations and 14 asbestos concentrations coming from brakes during various 15 stages of operation. I don't recall off the top of my 16 head those concentrations, but I do have a file that 17 delineates that. I'm thinking specifically of papers by 18 Lorimer, Rohl, and others. 19 Q Do they pertain to brakes in normal operation 20 or do they pertain to persons working with those brakes in 21 repair functions? 22 A They pertain to both as I recall but 23 principally working with repair of brakes. 24 MR. WITTIE: I think that's all 1 have. 25 I'll pass. 177 1 specified. I can answer it by saying that by 1930 they 2 should have known about the health hazards pertaining to 3 the disease asbestosis and that by the mid-'50s they 4 should have been well aware of the cancer-causing ability 5 of asbestos to cause lung cancer, and by the early 1960s 6 they should have been aware of the disease mesothelioma. 7 But I can't tell you when they should have 8 stopped purchasing because they may have been able to 9 continue purchasing throughout that period of time if they 10 applied appropriate engineering controls and methods to 11 prevent worker exposure to those materials. 12 Q You anticipated and probably answered my next 13 question which was going to be on engineering controls. 14 Maybe I can avoid the answer by saying: If I was to ask 15 you at what point engineering controls should have been 16 instituted, you would give me the same years for the same 17 disease processes? 18 A Yes, I would. 19 Q And if I was to ask you the same question but 20 ask at what point should an industrial employer such as a 21 steel mill have insisted on at least respiratory 22 protection for its employees who worked around 23 asbestos-containing materials in the absence of 24 engineering controls, would you give me the same years for 25 the same diseases? WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 178 1 A Yes, I would. 2 MR. GUSTAFSON: Thank you. 3 MR. WEATHERSBY: Signature? 4 MR. ROACH: What do you want to do on 5 signature? 6 THE WITNESS: It's up to you. 7 MR. ROACH: We can waive it if you want. 8 THE WITNESS: To waive it is fine with me. 9 (Discussion held off the record.) 10 (Defendants' Exhibit No. 61 marked for 11 identification.) 12 MR. WEATHERSBY: I've marked as 13 Defendants' Exhibit 61 Lemen as the last 14 exhibit the collection of documents that 15 Dr. Lemen and I went through in the process. 16 RECROSS-EXAMINATION 17 BY MR. WEATHERSBY: 18 Q And Dr. Lemen, I believe these were documents 19 that you had provided to me; is that correct? 20 A You had requested through Mr. Roach that I 21 provide them, and I did. 22 Q And these are the same as we discussed earlier 23 that were in your notebook? 24 A That's correct. 25 Q And reflect your Westinghouse-related 179 1 contribution to the timeline? 2 A Yeah. 3 Now, on the documents, I did have a question on 4 the documents I was missing. As I get those, should I 5 provide them to Mr. Roach and then provide them to you? 6 MR. ROACH: Or just provide them directly 7 to Danny. 8 MR. WEATHERSBY: That would be the thing 9 to do. 10 THE WITNESS: Okay. I don't know when I'm 11 going to get them, you know. 12 MR. WEATHERSBY: That's okay. 13 THE WITNESS: There are about three or 14 four that are in there. 15 MR. GUSTAFSON: There's three. 16 Q (By Mr. Weathersby) And we discussed those 17 that were missing as we went through, I believe? 18 A Right. 19 What about these (indicating)? 20 Q Those were extras. I think we determined that 21 those were simply duplicates of others that you had there. 22 MR. WEATHERSBY: And that's agreeable to 23 everybody then? 24 MR. ROACH: Sure. 25 MR. GUSTAFSON: It is to me. 180 1 MR. WITTIE: (Nods head affirmatively.) 2 MR. WEATHERSBY: And I'll just pass them 3 over to Danny and go from there. 4 (Deposition concluded at 5:07 p.m.) 5 --6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 181 1 CERTIFICATE 2 GEORGIA: 3 GWINNETT COUNTY: 4 5 I hereby certify that the foregoing deposition 6 was taken down, as stated in the caption, and the 7 colloquies, questions, and answers were reduced to 8 typewriting under my direction; that the foregoing 9 transcript is a true and correct record of the evidence 10 given. 11 The above certification is expressly withdrawn 12 and denied upon the disassembly or photocopying of the 13 foregoing transcript, unless said disassembly or 14 photocopying is done under the auspices of Wheeler 15 Reporting Company, Inc., Certified Court Reporters, and 16 the signature and original seal is attached thereto. 17 I further certify that I am not a relative or 18 employee or attorney of any party, nor am I financially 19 interested in the outcome of the action. 20 This, the 26th day of July, 1999. 21 22 Ttoruii/fYl. 23 Daniel M. Gershwin, 24 Certified Court Reporter 25 B-1012 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 182 A abbreviation 161:15 ability 61:13 88:25 177:4 able 89:19 90:2 102:2 110:23 125:25 133:17 177:8 aboard 99:7 126:12,13 about 15:17 17:1621:7 24:21 25:22 26:15 27:5,10 28:1,11 29:25 30:1 31:9,24 32:16,21 33:1 33:6,14,20 34:6 35:2 36:2 36:14 38:4 40:24 43:18 46:10 47:5 52:12 55:15 56:3,6,12,22 61:13,25 63:5 67:20,23 68:12 70:6 71:16 73:22 74:7 76:23 82:11,25 84:5 89:19 92:15 93:14 96:1,3 96:17,18 101:6 104:13 105:11 106:13 107:14 108:14 108:21,22,22 108:23,25 111:9,12,22 112:3 113:22 114:1,21 115:1 116:15 117:8,16 118:12 119:1 120:7 125:18 126:21 127:21 128:7 129:12 130:2 131:15 132:8 133:20 135:4,12,16 135:20,23 136:21 138:5 142:12 146:2 149:2 151:1 151:19 153:19 156:1,2 157:16,21 158:21 160:1 161:24 162:2 162:16,18 163:14 164:5 165:3,5 170:4 170:7,18 172:24 175:11 176:3 177:2 179:13,19 above 61:24 90:22 181:11 absence 124:12 177:23 Absolutely 58:23 abstract 157:19 abstracted 18:11 abstracts 2:6,8 17:7 18:10,14 18:21 19:8,12 22:8 106:3 161:3 academics 62:14,16 63:22 Academy 141:15 acceptable 83:22 91:15 access 58:6,10 59:18,21 60:12,25 61:3 61:6 62:25 66:3 149:4 accident 25:15 26:3 28:10 110:4 accordance 1:13 accurate 88:3 169:7 ACGIH 95:18 97:17 acquired 77:11 act 85:12 109:19,20 112:9,12 127:25 134:1 acting 48:10 54:4 action 181:19 active 64:4 119:5 actively 47:2 activities 159:16 acts 158:2 actual 174:15 actually 22:21 26:18,19 43:13 49:9 59:9 60:19 75:17 89:20 92:6 113:18 129:20 138:22 141:5,25 143:3 147:3 151:22 152:24 153:17 159:20 160:9 165:7 170:17 174:2 add 16:12 39:8 added 18:4 43:5,9 adding 39:4 addition 22:24 38:11 104:24 151:11 additional 160:3 additions 11:23 address 68:13 87:12 112:13 145:13,17 adequate 109:3 adherents 153:16 adjusted 144:16 adopted 138:10 138:11 advantage 61:12 71:9 102:2 126:2 advising 90:18 advocate 92:2 111:18 112:6 advocated 110:11 111:3 advocates 170:14,18 aerodynamic 169:5 affidavits 45:23 46:16 affiliated 136:19 149:3 affiliation 149:21 affiliations 145:20 affirmatively 9:16 10:3 180:1 affix 18:22 AFL 149:22 150:4 AFL-CIO 150:10,17,20 150:22 after 49:1 86:23 114:11 125:1,3 130:21 150:20 157:25 again 19:7 29:13 35:22 45:1647:11 50:21 60:5 63:2 72:2 84:7 90:23 91:20 94:1 98:22 106:11 120:1 150:14 164:21 167:5 171:16 against 173:13 agencies 127:23 133:16,17 134:14 agency 133:19 agenda 78:1 agent 93:15 agents 93:10 ago 42:20 43:6 46:2 111:2 agree 64:25 65:7,8 78:8 79:3 81:15 88:2,12 97:13 100:23 103:1 103:9 111:24 120:16 123:13 130:16,24 148:25 156:2 161:21 162:8 164:12 167:22 168:11 agreeable 179:22 agreed 164:4 agreement 1:13 ahead 13:4 29:10 40:5 147:20 158:18 176:3 ahold 153:7 air 31:10 62:1 63:7 66:15 69:17 70:5 97:16 152:10 168:11,11,14 168:17,18,18 168:21,25 169:3,8,10 airborne 78:22 albanite 85:6 alerting 61:17 alive 153:6,10 153:14 allegations 119:21 Allegheny 12:12 allow 73:24 allowable 97:10 97:14 98:10 allowed 117:8 165:25 168:21 allows 133:7 alluding 59:16 almost 33:11 118:1 alone 113:7 along 22:22 49:8,11 63:4 108:5 128:2 already 32:12 37:20 66:8 69:14 157:22 159:15 alter 38:25 alteration 38:20 64:5 altered 64:1 alternative 174:23 always 87:13 amassed 169:17 amend 160:10 American 146:6,10 163:16 167:23 among 21:6 57:19 62:11 62:14 138:19 143:25 amosite 32:16 106:14 amount 98:6 163:13 173:8 173:17 174:5 174:19 amounts 98:1 175:9 amphibole 152:2 amphiboles 152:7 amuses 171:21 analysis 127:22 155:1 166:7 analyzed 155:19 ancillary 85:6 Annals 141:15 annual 75:21 another 14:11 16:24 18:14 18:15 24:21 25:2,22 26:2,9 26:14 27:10 27:25 29:12 33:6,19,25 34:22 35:17 35:22 36:2,13 43:2 67:24 72:5 106:21 114:20 116:4 126:19 127:4 131:14 139:22 174:12 176:2 answer 14:6,16 15:3,17 39:9 65:14 83:25 84:5,7 90:7 99:17 102:24 110:8 115:2 115:21 123:20 129:19 134:16 134:20 157:6 163:19,23 166:25 170:24 176:8,25 177:1,14 answered 177:12 answering 14:9 157:5 answers 92:3 181:7 anthophyllite 106:16 anticipate 39:5 anticipated 177:12 anticipating 125:25 anybody 16:12 72:15 158:20 anyhow 66:18 103:2 111:25 160:15 anyone 9:4 20:16 88:22 anything 16:12 16:19 19:18 19:21 20:2 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 183 23:4,14 35:10 38:4 43:5 54:17 58:13 58:25 61:5 67:13 71:7 72:3,16 74:4 85:22 90:22 96:12 100:15 106:23 116:14 120:6,7 124:18 125:18 129:24 131:9 134:8 135:12 135:16,20,23 136:21 137:10 138:4,6 146:8 148:8,15 167:8 169:8 176:9 anyway 10:15 anywhere 56:20 167:18 apart 18:9 61:21 155:13 apologize 115:23 apparently 48:24 appear 17:15 18:6 23:20 69:20 120:2 166:25 APPEARANC... 8:1 appeared 61:4 72:14 85:24 167:4 appears 72:20 81:1,15 95:10 95:15 101:23 115:2 119:10 119:22 applicability 156:4 applicable 1:5 39:23 40:1 application 4:13,15 30:23 31:3 37:8 76:17 126:5 126:16,17 169:21 174:24 applications 69:1 76:16 126:11 applied 58:20 63:17 93:15 177:10 apply 61:15,17 71:14,16,18 applying 71:4 85:24,25 87:12,14,19 appreciate 20:18 appreciation 162:23 approached 162:3 appropriate 79:15 101:12 127:19 177:10 approved 105:13,17 approximate 88:6 approximately 49:14 95:22 April 4:19 5:6 13:15 89:16 Archer 141:13 area 53:20 103:20 104:16 104:18 153:24 156:5 areas 119:7 aren't 46:24 64:18 151:23 157:5 around 55:9 138:3 168:4 177:22 arrangements 18:19 136:22 array 55:21 arrows 74:16 art 3:18 11:15 42:9 136:3,6 148:3 171:2 article 73:19 74:3 96:16 140:23 141:22 142:3,9,10,13 142:14 articles 18:11 19:12 165:18 165:21 166:14 167:6 175:12 asbestiform 6:20 151:10 151:20 152:1 asbestos 2:3,5,7 4:18 10:21 11:11 12:19 18:11,21 19:14 24:1,22 25:8,23 26:3 176:15,24 26:16 27:6 177:23 28:11 30:2 asbestos-related 31:9,18,25 86:18,24 98:2 34:13 37:8 129:22 130:2 42:9 43:12 Ashley 8:12 47:2,7,13,17 aside 35:13 48:4 49:23 37:12 50:4,8,12 asked 13:24 56:20 60:13 49:4 67:20 64:6 76:8,24 115:15,20 78:22 79:13 157:22 160:12 81:12 82:25 171:11 83:3,22 85:7 asking 10:5 85:15 90:18 129:20 92:20,22 93:1 assessing 93:7,7,11,12 156:20 93:12,16,17 assessment 94:3,10,11,14 117:21 95:19 97:21 assistance 97:23 98:2,4,5 142:7 98:6,11,14 associated 103:11,13,14 79:13 86:5 103:16,17,22 94:3,14 106:17,23 106:22 134:5 108:25 109:1 136:4 148:3 109:2,20 176:18 113:7,23,24 Associates 114:10,18 36:22 115:8,11 Association 116:21 119:7 146:4 119:8,18 associations 120:7,19 147:23 121:10 124:20 assume 69:25 127:8 130:14 70:23 76:22 130:20 131:2 78:19 86:8,11 131:5 133:4 108:1 137:2 133:12 134:1 149:20 134:15 136:4 assuming 67:16 142:9,13 77:3 100:17 148:3 152:12 101:14 126:15 152:17 153:17 assumption 155:22 158:3 87:4 100:15 162:4,19,20 100:21,23 163:9 166:19 102:10 107:6 168:25 169:20 assure 21:12,25 170:21 171:2 Athens 8:14 173:9 174:24 Atlanta 1:24 175:9,14 8:9 176:19 177:5 atmosphere asbestosis 174:20 87:23 88:19 attach 11:5 88:25 177:3 41:24 160:16 asbestos-contai... 160:22 77:11,16 attached 19:3 96:15 102:22 52:3 73:17 103:3 119:4 101:8 103:22 170:15 171:5 125:9,12,16 181:16 177:4,6 attaching 4:10 awareness 59:1 102:22 77:5 120:7 attachment away 54:23 26:20 31:15 133:12 172:7 74:24 A-U-E-L 55:25 attachments A-20 109:5 159:19 160:19 a.m 1 18 75:13 attempt 21:8 70:12 159:6 B attempting B 69:20 77:7 57:12 71:8,18 back 19:12 119:11 123:14 23:13 29:21 attended 61:10 37:21 38:16 attention 41:1545:16 121:17 47:20 50:20 attitude 112:1 64:16 75:6 112:21 124:19 79:18 80:2,11 125:19 81:25 88:1 attorney 12:3 90:23 98:24 20:11 27:20 100:22 110:13 107:3 181:18 110:17 112:7 attorney-privil... 113:6,14 20:2 120:11 121:22 attract 57:12 130:19 131:11 Auel 55:24 141:6 143:24 August 5:3 145:1 149:12 auspices 109:19 150:7,14 181:14 153:24 154:10 author 98:8,13 156:10 157:11 142:18 165:1,13 authority 170:8,9 109:10 110:12 background availability 39:1 91:15 105:9 backward 174:23 161:10 available 19:14 backwards 48:13 61:7,9 120:23 63:14 80:1,2 bad 60:14 83:15 85:10 158:2 107:6 148:19 bags 68:18 148:22,24 Bair 5:22 149:2 166:10 balancing 166:14,17 127:12 167:2,7,9,11 banned 48:1 176:10,12 banning 170:15 Avenue 8:13,22 170:18,20 avoid 13:8 Barnes 60:3 133:13 177:14 81:4,11 await 145:6 based 15:14 aware 54:17 85:22 97:19 55:1,5 60:7 100 15,24 64:3 94:2,7,8 117 18 118:9 98:13 102:21 123 18 134:15 103:21 110:9 135 1 168:16 117:16 119:4 171 1 176:8 157:3,7 164:3 176 12,17,20 172:14 175:8 basically 52:14 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 184 65:24 87:5 88:13 119:9 152:3 159:16 165:15 174:4 basing 119:16 basis 92:6 107:8 118:15 161:9,25 163:6 Bates 128:17,18 BCME 140:19 141:15 Bear 154:12 bearing 15:7 became 52:15 64:10 66:11 85:10 112:19 136:19 become 71:19 103:21 becoming 50:12 before 1:14 11:24 17:19 49:5 61:3 64:1 70:2,10 75:4 87:3 145:4 149:22 150:4 159:23 160:14 Begal 6:19 began 49:22 86:17 150:15 begin 44:6 87:7 121:18 125:21 beginning 19:13 55:19 66:7 82:24 86:14 95:18 behalf 1:12 8:2 8:6,11,15 behave 152:9 behaving 50:11 63:10 behavior 134:10 behind 74:13 being 9:4,13 20:20 31:10 47:2 50:4 60:8 60:17 64:1 65:16 68:23 77:7 79:24 82:20 88:15 90:21 91:25 100:2 101:6 105:20 106:18 109:12,14,24 111:4 114:5,6 114:7,13,16 119:20 123:4 129:10 134:9 135:5 149:5,8 150:16 152:2 164:3 169:8 170:20 172:15 174:21 belief 102:5 153:23 believe 44:16 48:7 50:25 52:1 53:24 64:9 66:14 69:14,16 71:23 75:16 81:5,8 82:10 88:14 93:23 98:17 101:10 105:7 108:6 120:10,12 129:7 136:15 143:21 148:13 148:15 158:11 175:6 176:20 178:18 179:17 believed 154:9 below 51:12 52:8 121:5 140:23 141:22 142:2 benchmark 38:24 48:9 88:15 besides 11:13 best 11:14 12:13 16:10 46:17 71:9 78:9 106:10 154:3,23 157:17 better 83:2 85:9 112:1 130:10 158:1 between 14:5 14:21 15:1,17 16:18 21:9,23 39:14,17,20 41:18 48:22 49:7,10 69:22 94:10 106:13 152:6 beyond 76:16 82:18 115:6 126:21 131:12 166:11 biases 157:16 Bickerstaff 5:22 59:9 175:22 64:16,19 66:3 bothers 123:1 66:10 93:21 bottom 29:5 94:17,25 95:8 91:10 128:10 96:3 101:17 128:20 140:21 Bickerstaffs 143:1 162:17 94:22 168:17 bids 105:1 bought 105:6 big 166:22 bounce 38:16 bill 147:1 Box 8:13 154:20 158:8 boxes 79:4 billing 41:19 brakes 175:10 binder 22:16 175:12,14,19 47:8 64:14 175:20,23 binding 93:10 braking 174:24 93:15 175:4 biographies brand 131:23 150:5 131:24 132:9 Bischloromethyl 132:10,11 140:20 break 42:15 bit 55:20 108:5 75:7 104:1 black 49:14 174:17 blamed 158:10 breakdown blank 73:4 110:3 117:7,9 blanket 68:5,7 118:18 129:16 68:12,14,25 breathe 109:2 69:3 114:21 173:17,20 115:9,11,19 breathed 116:25 174:21 blankets 68:15 breathing 68:16,17 173:9,22,24 82:13 83:23 174:1,8,10 96:15 114:19 Brickenstaff 114:24 115:16 59:7,12 Blasingame brief 34:11 8:12 104:3 134:23 block 4:13 151:6 30:24 76:19 briefing 42:8 84:3 43:2,7 Bloomfield briefly 77:2 25:19 156:1 Bloomingham bring 138:12 25:16,18 160:7,12 boiler 99:20 brings 77:1 104:8 British 163:16 book 42:8 43:2 broad 55:21 43:7 49:16 62:11,14 87:6 113:9 broader 170:1 142:20,24 broad-spanning 170:14 57:6 both 44:22 brochure 17:22 60:13,13 65:3 Brooks 3:12 77:9,19 27:18 127:15 140:19 brother 153:9 153:6,13,14 brought 41:5 153:15 173:8 41:17 42:11 173:11,15,20 165:18 174:2,19 Brown 162:19 164:8 165:4 140:23 144:1 Bryant 8:12 capable 169:8 Buffalo 213 capacity 135:17 23:25 24:2 caption 181:6 27:4 37:7 carcinogenicity build 105:10 153:22 156:21 building 25:23 cards 101:20,22 26:9 30:1 101:24 102:3 150:22 169:2 102:6,6,11 Bundy 146:20 108:22,23,23 Burch 8:12 109:5 burden 14:13 career 103:19 Bureau 53:4 careful 123:11 buried 125:4 Carol 147:2 business 72:15 154:20 88:17 99:4 Carolina 69:21 119:24 136:3 70:1 buyer 133:2 carried 169:2,9 buying 104:8 carry 85:14 B-I-C-K-E-R-S... carrying 85:23 59:10 case 9:14 10:2 B-1012 181:25 11:12,13 12:5 12:6,8,9,15,16 C 12:21 14:12 C 60:3 162:20 14:23 15:16 181:1,1 19:23 20:9,10 cabin 126:14,14 20:15,17 cadmium 21:11 38:3 141:21,23,25 39:2,23 40:2 California 41:19 42:20 153:8 44:25,25 call 66:17 99:1 45:14 46:19 143:9,14 79:24 82:6 153:7 86:23 101:11 called 38:21 107:18,21,23 61:25 79:20 107:24 108:3 79:22 80:8,10 110:3 115:10 102:12 115:25 115:13,14 142:7 164:24 124:17 133:20 165:2 135:5 137:18 calling 13:7 137:19,24 came 45:2 79:5 144:20 149:25 80:12 88:3 150:1,8 117:25 138:5 151:16 146:18 147:19 cases 1:5 44:18 153:20,25 44:22 45:12 170:6 46:5 82:2 cancer 87:23 84:12 142:8 94:9,11 159:2 160:5 140:22 141:14 casings 68:19 142:3,16,16 Casserett 154:17 157:10 132:16 157:14 163:15 Castleman 177:5 164:7,16,19 cancer-causing 165:6,8 177:4 Castleman's cancer-related 113:9 139:2 140:16 catastrophic WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 185 129:17 catch 127:3 157:7 category 39:17 122:6,11 132:6 caught 66:20 131:1 causal 94:10 cause 93:12 106:16 133:18 177:5 caused 56:7,23 causes 131:9 168:11 174:9 caution 109:6 CBS 8:6 10:18 19:19 CD-ROM 143:22 ceiling 113:23 114:1,1 cement 2.5:8 31:25 center 164:14 164:15 central 75:9 ceramic 85:5 106:3 certain 38:8 90:22 119:7 136:11 certainly 14:25 15:6 16:7 42:13 48:8 50:3 57:11 58:20,25 80:1 80:20 92:1 104:2 126:17 127:8,23 139:7 141:20 148:24 154:6 157:13 168:9 certification 181:11 Certified 1:15 181:15,24 certify 181:5,17 cetera 108:24 132:18 chance 26:23 144:5 160:8 change 38:10 66:18 changed 38:19 91:6 162:3 changes 86:18 chapter 142:20 142:24 165:12 characteristic 168:2 characterization 151:19 characterize 56:13 62:9 84:24 charged 9:5 charter 52:15 64:10 66:12 check 22:18 32:11,12 37:13 139:18 139:25 144:8 chemical 43:12 131:20 132:13 132:14 146:3 152:4 chemically 152:14,15,18 chemists 79:21 chloride 146:5 choose 15:11 Christensen 5:5 5:10 chronological 18:6 40:18 chronology 159:16 chrysotile 106:13 152:2 Cincinnati 153:3 CIO 149:22 150:4 circle 51:12 52:9 63:14 circled 67:5 circulates 168:18 citation 6:7 36:7 121:12 121:25 128:15 164:23 citations 165:24 cite 159:18 165:9 cites 164:8,16 165:11 City 2:15 24:6 24:8 37:2 Civil 1:14 9:18 claim 129:13 130:5 162:8 claims 71:10 119:21 129:8 129:21,23 130:10 Clairton 107:15,15 108:2 classic 154:19 classified 131:5 classify 131:10 Clayton 6:10 36:22 clean 87:22 clear 16:22 46:8 66:19 96:6 149:9 clip 27:15 28:8 clipped 27:21 clips 29:6 close 146:19 151:4 closed 160:14 closely 106:4 149:15 cloth 31:9 113:24 114:10 114:10,13,16 114:18,21,25 114:25 115:3 115:8,11 club 52:5,6,13 52:16,16,19 52:24,25 54:1 54:11,18 Coast 127:21 cohort 142:1 155:1 156:4 157:1,3,8 coke 156:14 coker 104:8 collect 111:15 169:13 collected 150:1 170:14 collection 6:25 11:8 17:20 18:2 40:11 42:1944:11 44:12,21 80:21 106:5,9 169:17 178:14 College 8:13 colloquies 181:7 come 11:22,22 48:18 75:24 104:9,24 116:11 comes 65:5 76:7 118:2 132:1 168:17 coming 29:21 122:20 151:4 165:25 175:14 commencing 1:18 comment 54:25 121:8 comments 89:14 commercial 85:10 152:1,3 169:21 commissions 80:18 81:23 82:1 committee 56:1 57:4 committees 146:21 common 14:20 119:24 120:8 120:9 communication 109:25 communications 14:5 15:17 16:18 21:9,21 community 54:24 59:2 62:11,24 63:22 74:14 97:15 112:2 112:22 171:4 companies 19:15 62:3,8 63:14 118:6 144:13,21 company 1:23 34:18 39:7 53:8 58:18 63:16 68:13 68:13 70:12 70:23,24 71:8 71:18 73:24 74:9 76:4 77:10 79:23 104:14,19 109:5,23 112:16 116:16 117:9,20 118:13 135:17 135:18,25 144:16 162:19 181:15 compared 118:19 129:18 compensation 70:7,13,14,24 71:6,8,9,11,15 71:18 119:21 129:8,13 136:22 137:3 competent 154:6 complete 13:3 13:13 44:12 67:17 completed 100:3 completely 14:22 46:18 133:6 149:9 162:23 164:10 completeness 18:16 completion 99:12,13 compliance 3:24 29:18 36:15 129:25 130:11 comply 118:6 Complying 43:20 113:17 118:23 composed 62:2 composites 108:24 composition 98:7 comprehensive 102:15 comprise 146:10 concentration 97:10,14,22 98:10 114:2 173:6,17,19 173:22,25 174:1,1,20 concentrations 26:4 28:11 98:4 113:23 175:13,14,16 concern 83:1 93:5,6 concerned 112:3 concerning 3:18,22 26:3 34:13 37:8 39:7 42:9 44:22 54:13 62:18 79:13 97:10 99:9 102:7 123:22 124:19 136:5 156:12 159:1 159:15 161:12 concerns 161:23 conclude 96:14 98:8 107:1 concluded 88:13 180:4 concluding 107:9 118:9 conclusion 10:4 18:18 50:10 50:15 54:22 56:16 58:12 60:10,22 65:19 67:17 67:25 72:11 74:12 88:18 105:16 118:12 126:16 conclusions 15:7 38:25 39:6 45:19,24 46:11,12 52:12,14 54:3 64:18 65:2,17 67:10,14 73:23 88:2 119:1 122:16 122:17 123:22 154:16 156:11 156:13,20 condition 99:10 conditional 90:20 conditions 86:4 94:6,14 130:3 conducted 60:8 62:4 64:6 117:23 conference 34:12 142:4 confident 109:11 confidentiality 14:4 confine 176:7 confirming 26:14 confronted 152:9 confused 124:23,24 confusion 131:7 conglomerate WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 186 62:17 congress 75:18 80:3 conjunction 9:14 66:10 Connecticut 53:23 connection 69:22 consensus 171:3 consider 21:3 38:17 40:7 70:11 79:11 101:11,12 122:10 157:25 167:1 174:19 considerable 163:12 consideration 38:18 156:25 157:13 174:15 considered 35:11 44:13 44:19 45:13 45:18,24 46:10 93:13 117:2,4 130:14 154:1 157:9 174:11 considering 65:2,10,17 156:3 consist 161:3 conspiracy 162:9 163:3 constituent 64:6 93:8 151:22 constituents 173:5 constitute 45:17 constructed 68:8 construction 134:4 150:22 150:23 consult 145:8 consultation 142:8 consumer 176:14,22 consumers 103:2 cont 3:1 4:1 5:1 6:1 contact 152:25 contain 108:25 contained 39:9 90:18 92:20 102:8 115:9 141:6 161:12 165:18 container 114:19 containing 127:8 content 70:5 153:17,21 contents 57:17 106:13 165:16 context 76:13 81:16 86:10 109:7 116:8 130:17 157:18 contingent 91:14 continue 20:23 177:9 continued 27:5 119:17 continuing 120:13,17 Contracting 4:8 30:13 contractors 37:2 contracts 9:4 contrary 10:10 15:21 contribute 132:25 contribution 179:1 control 33:2 72:7,13 110:4 157:17 163:24 controlled 91:21 controlling 97:23 controls 78:10 83:16 86:13 86:13 91:7,17 91:18,24 157:9 177:10 177:13,15,24 controversy 82:21 conversations 14:11,24 15:1 Cook 54:12 cooler 168:18 copied 17:21,24 32:10 50:21 copier 49:6 copies 23:8 Coppers 150:5 copy 10:15,24 11:2,3,5 29:13 42:8,22 43:15 43:19 49:2,4 73:6 76:4 121:22 138:12 139:22 140:1 140:8,8 143:8 144:22,25 148:11 160:7 160:18 copying 18:19 41:23 corner 18:23 51:6 52:8 Corning 8:11 158:25 159:2 159:7,15,17 160:4 corporate 2:11 23:18 108:21 corporatewide 95:16 corporation 6:23 8:6,6,11 56:18 159:2 159:17 160:4 167:17 corporation's 3:17,20 4:6 124:7 correct 10:22 10:23 12:12 18:4,5 22:17 38:22,23 40:13 44:8 45:20 47:4,23 47:24 48:2 49:11,19,24 50:5,16 52:2 53:1,2,17,18 53:21,24 54:15,16,24 55:2,14 56:24 57:9,18,20,21 58:4,7,8,11 59:3 60:9 62:12,20,25 63:1,11 64:21 65:13 66:3,4,6 66:16 67:2,5 67:19 69:6,9 69:12,18 70:9 70:11,15,17 70:20,21 72:10,20,22 73:20 76:1,22 76:25 77:9,9 78:4,6,24 80:6 80:17,25 82:8 82:9 83:4,9,13 84:2,4,24 87:4 88:4,7 91:15 91:16,18 92:4 94:4 97:10 100:4 101:15 102:10 105:7 108:4 118:9 119:15 120:4 120:5,14,15 120:20 123:24 124:5,14 126:15 128:8 129:15 134:3 137:14,20,21 138:15,16 151:13,14,17 151:19 152:20 153:15 155:7 168:24 178:19 178:24 181:9 corrected 129:18 correspond 153:1 correspondence 5:2,5,7,10 19:20,23 20:1 21:22 22:2,4 32:15 39:14 39:2041:18 41:25 costly 119:18 costs 71:6 council 55:10 55:16,17,21 56:7 57:1 58:6 58:14,14 60:11 75:17 75:20 77:5 counsel 1:13 8:1 14:5 15:12 19:18 44:18 145:9 Counselors 27:19 counts 87:20 county 1:49:15 12:12 181:3 couple 42:11 43:6 101:18 158:12 169:9 course 64:25 83:14 103:18 curriculum 122:13 148:11 6:1641:5 148:18 customary 9:5 court 1:3,15 9:1 cut 31:1071:14 10:14 36:18 115:12 54:3 181:15 cutting 59:1 181:24 CV 41:7 44:3 courtesy 20:21 138:17 158:5 cover 4:10 Cytologic 17:21,22 140:22 141:13 22:16 32:6 114:21 168:22 D covered 14:2 D 2:1 5:5,10 62:19 64:13 6:10 36:22 114:24 Daingerfleld covering 76:20 8:4 84:1 88:16 Dakota 82:1 108:22,23 Dallas 8:18 covers 68:17 dangerous 127:18 88:17 106:15 crack 117:5 122:21 Craig 6:18 Daniel 1:14 crane 172:9,12 181:23 172:14 Danny 36:17 cranes 172:5 179:7 180:3 Crawley darn 72:2 172:7 152:22,23 data 44:24 153:19,21 62:18 79:5 creature 81:1 96:25 162:21 101:20,22,24 credibility 102:5,11,13 65:19 101:12 102:16,19 criteria 143:6 108:23,23 criticism 166:3 130:21 167:16 crocidolite 47:1 date 13:14,19 47:14 106:14 23:6 31:12 cross-examinat... 32:5 125:23 7:2,3,5 10:16 129:10 169:18 158:22 171:14 170:5 171:8 cross-examine dated 2:11,13 65:22 2:15,17,18,20 cross-examines 2:21,23,24 3:2 65:5 3:4,5,7,8,10 cross-section 3:12,15 4:2,4 62:3 4:8,16,21,22 cross-sectional 5:3,6,8,11,14 88:21 5:22,24 6:4,5 cubic 97:15 6:9,15,19 curiosity 29:19 30:3,19 140:25 72:21 140:3 current 10:24 dates 11:15 41:7 70:12,16 dating 19:12 70:24 71:4 120:11 130:19 72:15 73:25 149:12 74:4 88:23 day 1:17 110:1 181:20 currents days 81:19 152:10 169:10 123:19 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 187 day-to-day 100:10 dead 153:10 deal 19:10 38:7 89:14 122:23 127:13 143:24 150:1,3 155:21 dealing 25:2 26:2 29:12 34:17 37:1 39:22 43:2 46:20 60:7 70:22 90:17 deals 43:11 dealt 43:2 130:24 deaths 127:10 decade 83:20 85:15 86:19 86:22 110:10 110:14 decades 84:9 111:24 112:18 December 5:8 5:11 52:1 162:21 decide 40:24 151:2 decision 124:7 148:5 decisions 127:21,24 164:5 decorative 126:11 decrements 87:2 defendant 8:6 8:11,15 19:18 Defendants 1:12 2:3,5,7,9 2:10,12,14,16 2:18,19,21,22 2:24 3:2,3,5,6 3:8,9,11,13,15 3:16,18,20,22 3:23 4:2,3,5,7 4:9,12,14,16 4:17,20,22 5:2 5:4,7,9,12,13 5:15,16,18,19 5:21,23 6:2,3 6:5,6,8,10,12 6:14,16,18,20 6:22,24 9:3 13:6,10 18:23 18:25 22:8,10 22:17 23:1,2 23:10,11,22 24:4,9,14,19 24:25 25:5,10 25:20,25 26:7 26:12,25 27:8 27:16,23 28:4 28:13,22 29:2 29:15,22 30:5 30:10,16,21 31:1,6,16,22 32:2,8,19,24 33:4,9,17,23 34:4,9,15,20 34:25 35:5,20 35:25 36:5,10 36:19,24 37:4 37:1041:12 42:1 151:7,15 160:25 178:10 178:13 defined 131:8 defining 131:15 definition 131:4,12 132:4 definitive 155:9 degree 127:4 degrees 68:21 69:1 122:14 delay 123:2 158:20 delineates 175:17 delivered 99:10 demands 47:2 denied 181:12 dentist 142:11 dentistry 142:9 142:13 department 34:2 35:18 53:4,23 80:4,7 80:10 113:11 128:21 150:18 150:18,22 departments 81:22 depend 117:10 169:4 173:8 depended 81:21 deposed 9:9 12:14,18 65:16 deposition 1:11 9:3,6,12,13,25 10:5,6,15 11:5 15:13 16:9 18:18 20:19 20:22 21:4 42:13 43:6 44:1045:10 45:23 46:2 59:6,18,21 64:17,19 65:10,12,18 65:20,21,23 67:13 93:21 94:5,15,18 96:2,5,6 99:24 100:4 101:11 101:16,18 116:12 138:13 160:10,14 170:8 180:4 181:5 depositions 87:13 describe 11:8 39:16 described 68:4 162:20 describing 164:17 description 104:25 designated 79:25 desirable 125:10,17 desk 132:12,15 detail 156:2 details 138:5 detect 88:25 deter 59:1 determination 14:9 16:1 21:20 determine 104:17 123:7 173:21 determined 98:6 179:20 determining 117:11 170:12 173:13 174:15 developed 55:19 76:15 77:7 126:7 141:5 149:11 developing 60:24 61:16 87:24 98:2 154:25 161:8 173:2,4 development 77:15 98:15 120:18 126:5 161:5,18 171:2 176:21 developments 62:22,23 161:24 devices 168:23 Dick 21:24 dictionaries 131:20,20,21 dictionary 131:11,16,19 132:10,11 died 153:5 difference 106:13 162:5 different 12:5 12:23 30:7 43:11 46:6 92:16 119:19 119:20 124:3 133:24 140:12 150:23 151:21 151:23 152:3 152:5,13,14 152:18 159:9 173:17 differently 98:16 152:7,9 difficult 15:20 42:18 64:23 digest 111:5 diligence 118:12 direct 103:7,12 115:13 174:6 Directed 3:18 direction 10:10 102:6 181:8 directions 77:22 directly 49:5 156:5 179:6 director 72:12 73:25 146:20 directors 57:5 disability 70:7 disagree 130:16 130:18 161:21 162:8 disagreement 78:25 disassembly 181:12,13 disclosure 9:2 111:18 123:16 discontinue 124:8,16 discuss 12:6 41:15 52:18 discussed 21:7 70:10 172:16 178:22 179:16 discussing 81:11 discussion 17:13 24:11 26:24 28:6,17 29:17 31:8 36:12 59:14 70:6 75:10 82:10 121:24 154:13 155:24 160:24 178:9 discussions 21:1 56:22 135:8 disease 55:20 56:23 61:16 62:18 63:19 63:20 71:20 86:22,24 87:4 87:8,16,17,23 88:19 94:6 98:3,15 127:1 129:22 130:2 130:4 156:24 162:6 173:2,4 177:3,6,17 diseases 56:6,8 56:11 60:7 88:6 130:22 177:25 Disregard 176:9 disseminated 149:5,8 disseminating 60:24 distinct 151:23 distinguished 103:19 distribute 165:23 DISTRICT 1:3 1:5 dividers 49:3 50:21 121:21 Division 2:13 4:8 23:25 24:3 30:13 37:7 Dobbins 6:13 doctor 10:15,18 12:13 13:25 16:25 19:6 21:19 22:5 27:3 104:4 145:3,19 167:21 171:10 document 2:5,7 2:9,11,13,15 2:17,18,20,21 2:23,24 3:2,4 3:5,7,8,10,15 3:24 4:2,4,5,7 4:9,12,14,16 4:18,21,22 5:12,14,15,17 5:18,20,24 6:2 6:4,7,9,20,22 18:24 22:7,15 23:18,19 24:1 24:18,21 25:2 26:9,14 27:25 28:18 29:12 30:12,23 31:9 33:6,13,19,25 34:6,11,17,22 35:2,17,22 36:2,13 37:1 37:12 43:2 45:5 48:15 49:21 50:13 50:17 51:7,8 51:17,20 52:2 55:7 56:9,20 57:3 59:22 64:9,22 66:6,6 67:18,20,22 68:1,4,8,12 69:13,14,17 69:23,25 70:2 70:3,4,6 71:23 71:24 72:4,19 72:21,23 74:22 76:24 81:10 82:11 82:19 85:17 85:18,20 89:22 90:3,5,6 90:12,23 92:8 93:4,20 96:10 96:13,24 97:7 97:12 98:9,13 104:5 107:9 108:18 115:24 116:3,4 119:9 120:1 121:9 121:14,16,18 122:15 123:6 123:11 124:1 124:6 128:7,8 128:11,12 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 188 129:6,7 130:9 132:21 143:5 143:6,16,21 145:1,2,2,6 documentary 45:18 documentation 56:3 74:25 107:5 112:24 documented 113:10 163:17 163:25 documents 3:22 6:5,25 11:9,12 11:13,17,25 11:25 12:2 13:18 17:1,2,4 17:5,9,15,20 17:24,25 18:3 18:9,10 19:24 21:6,15,22 22:24 23:15 33:20 37:23 37:25 38:2,10 38:11,12,17 39:5 40:2,4,7 40:14,16 42:4 42:12,19 43:1 44:9,13,22 45:2,4,6,8,17 46:13 49:15 51:3,23 59:25 66:21 69:16 74:21 80:20 92:14 98:23 106:3,11 113:7 115:17 120:2 132:3 132:13 143:19 144:15 148:18 149:25 157:21 157:23,25 158:4 159:18 160:3 161:3 162:11 163:14 178:14,18 179:3,4 doing 42:21 58:13 74:9 86:3 87:7 101:15 112:4 117:16 128:1 153:24 174:16 175:6 done 16:10 18:20 33:11 58:25 64:1 79:16 104:15 138:18 141:3 144:12,13,17 144:19,21,23 145:19,25 146:3,8 147:1 154:23 155:16 157:4,8 166:7 181:14 dosage 173:1,3 173:5,6,13,16 173:18 174:3 174:4,15 dose 174:19 dose-response 98:14 172:24 doubt 105:11 Doull 132:16 down 17:17 46:25 48:14 71:14 88:14 119:17 125:4 125:24 132:19 132:20 136:16 139:11 152:21 154:11 181:6 dr 5:3 9:12 10:5 10:8,12 14:21 14:24 15:8,10 15:13,20 16:3 16:19 17:14 20:7 21:10 54:12 74:6 75:1,15 110:14 134:24 146:20 147:1 147:4 151:9 153:20 158:11 158:24 171:16 176:7 178:15 178:18 drabbing 164:25 165:2 draft 5:22 draw 50:10,15 52:13 54:2 67:25 74:12 74:17 96:12 105:16 118:11 118:25 122:16 122:17 drawing 64:18 65:2,17 72:11 123:22 154:16 156:13 drawn 67:11,14 74:16 104:14 Dreessen 86:15 97:20 drew 74:17 Drinker 52:17 54:12 Drive 1:24 8:4 driving 119:23 dropped 125:24 drug 123:4 due 93:9 Duluth 1:17 duly 9:9 Dunnom 142:19 duplicate 37:18 duplicates 179:21 duration 156:19 173:10 174:20 during 47:3 54:14,18 63:6 67:19 86:16 112:18 175:14 dust 33:1 52:19 56:7,11,22 62:18 77:6,8 78:10 86:5,13 87:20 88:14 90:21 92:24 97:23 98:10 98:11 106:17 109:1,2,2,9 117:15 162:4 170:4 175:13 dusts 97:22 dusty 77:15 dust-producing 56:6 dust-related 60:7 dyslexia 72:2 E E 2:1 60:3 181:1,1,2 each 40:16 48:22 49:7 57:5 75:23 120:1 151:20 151:22 164:3 173:21 ear 131:1 Earle 5:5,8,10 earlier 37:13 44:23 55:20 59:17 60:20 60:25 61:3 66:18 85:23 94:2,24 96:9 111:18 115:17 115:20 122:7 129:12 130:1 135:1 162:6 162:11 170:20 171:12 172:6 172:24 178:22 early 13:20 47:1 56:5 59:7 87:2 130:14 149:13 177:5 easily 129:18 East 26:2 economic 135:16 economics 119:22 edge 54:8 59:1 edition 3:13 effect 55:2 83:18 122:19 168:10 effective 91:24 112:19 effectively 87:22 effects 47:17 84:21 168:6 effort 54:23 120:13 127:9 133:12 egregious 117:3 117:17 eight 151:20 159:20 173:25 Eisenreich 12:9 12:15,21 15:16 20:9 21:10 39:23 44:25 107:23 108:3 144:20 145:2,5 either 13:19 16:11 45:12 46:5 47:8 64:4 89:5 140:18 149:22 154:10 158:14 166:4 169:19 Electric 3:17,20 4:5 8:6 27:20 elements 151:22 eliminate 71:5 119:8 emphasize 166:4 employed 47:23 55:22 55:23 96:1 135:13 150:20 employee 26:15 101:3,6 114:15 117:14 119:20 181:18 employees 58:21 79:18 111:4,13,19 113:12 116:18 121:10 122:20 122:24 135:13 136:11 177:22 employer 63:10 79:14 81:20 82:3 86:11,17 87:5 128:3 177:20 employers 70:8 80:17 162:22 emploving 109:23 employment 88:22 enacted 27:11 enactment 138:8 encourage 73:24 end 77:14,19,21 77:23 78:2,7 78:11 79:24 82:4 83:19 100:12 102:23 105:22 114:5 114:5,7,16 123:2 162:24 ends 106:17 energy 28:1 engaged 61:21 156:6 engineer 100:8 100:9,11,18 engineered 85:9 engineering 5:12 8:15 78:9 84:16 86:13 91:7,17,24 104:21 119:14 128:21 171:17 171:19 172:4 177:10,13,15 177:24 engineers 101:25 102:4 engineer's 104:16 enlighten 164:21 enter 16:5 entered 41:3 entire 59:20 100:3 150:15 entirely 50:25 entities 127:21 entitled 2:5,7,9 2:11,13,15 3:24 4:5,7,9 4:12,14,18,22 5:12,15,20 6:7 6:20,22 10:20 17:22 73:19 144:1 155:2 entries 40:16 entry 47:1 49:13 51:24 56:16,17 59:5 59:5 89:24 environment 86:20 87:9,22 168:3 EPA 3:24 29:19 epidemics 163:8 epidemiologic 154:19 epidemiological 144:2 147:1 154:14,15 epidemiologica... 154:24 epidemiologv 132:8,11 156:1 equally 148:24 173:19 equipment 91:9 104:8,15 133:7 equivalent 80:4 era 103:2 especially 80:16 Esquire 8:3,7 8:12,16,21 essentially 102:11 104:24 establish 125:10,17 et 108:24 132:18 ether 140:20 ethical 126:20 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 189 127:4 evaluation 4:18 31:18 32:4 36:21 68:2 146:3 even 15:4 41:10 51:6 79:18 80:2 82:6 106:16 109:25 111:18 120:16 ever 126:23 154:23 164:7 171:23 172:1 172:8 175:1,6 Evert 8:8 every 75:20 112:25 164:4 everybody 179:23 everyday 100:24 everything 39:19 43:22 46:19 164:4 evidence 45:18 45:22 47:16 55:1,5 64:8,15 86:18 103:8 115:13 181:9 evolved 130:21 exact 13:19 57:2 99:13 170:5 exactly 42:18 46:3 68:11 76:7 80:12 88:11 124:11 164:10 exaggerated 153:12 examination 146:1 examinations 7:1 86:3 examine 130:8 130:10 example 81:24 87:14 88:9 95:17 106:21 113:9 120:19 138:2 167:15 167:15 173:24 174:8 examples 112:11,13,13 exceeded 109:12 110:5 except 39:13 68:11 109:18 exception 14:3 excerpt 3:13 93:23 94:5 99:24 excessive 113:23 exchanges 39:17 exclude 45:11 57:11 exclusive 50:4 exclusively 93:6 excuse 43:24 55:8 executive 56:1 57:4 58:14 162:19 exercising 83:6 exhaustion 168:6 exhibit 2:3,5,7 2:9,10,12,14 2:16,18,19,21 2:22,24 3:2,3 3:5,6,8,9,11 3:13,15,16,20 3:23 4:2,3,5,7 4:9,12,14,16 4:17,20,22 5:2 5:4,7,9,12,13 5:15,16,18,19 5:21,23 6:2,3 6:5,6,8,10,12 6:14,16,18,20 6:22,24 13:6,7 13:8,10,12 17:2 18:4,23 18:25 19:5,7,8 21:9 22:9,10 23:1,2,10,11 23:22 24:4,9 24:14,19,25 25:5,10,20,25 26:7,12,21,25 27:8,14,16,23 28:4,12,13,22 29:2,15,22 30:5,10,16,21 31:1,6,16,21 31:22 32:2,8 32:19,24 33:4 33:9,17,23 34:4,9,15,20 34:25 35:5,20 35:25 36:5,10 36:19,24 37:4 37:10 41:2,12 42:1 44:6,12 67:8 110:18 110:18 113:15 113:16 139:8 148:9 151:7 151:15 160:22 160:25 178:10 178:13,14 Exhibits 2:2 3:1 4:1,65:1 6:1 exist 65:1 existed 131:4 existing 11:14 expansion 104:24 expect 79:19,23 92:5 146:15 168:15 169:1 expected 115:19 experience 100:24,25 expert 14:5 15:15 expertise 84:20 104:11 explain 17:17 19:7 explained 94:24 explanation 68:22 exposed 78:22 130:4 173:7 173:10,23 174:9 exposure 24:22 26:15 32:16 37:8 43:3 48:3 86:5 87:24 94:14 98:14 106:23 117:16 121:10 141:14 155:22 174:5 177:11 exposures 4:18 31:19 86:25 87:25 116:22 expressed 159:15 expression 159:9 expressly 181:11 extension 159:9 extensive 103:18 extensively 33:15 extent 38:6,8 50:1 56:17 60:23 76:22 82:15 138:2 148:2 152:13 extract 128:20 extracted 118:24 120:6 extras 179:20 extremely 117:15 130:20 e-mail 10:14 F F 181:1 fabricating 114:4 facilities 30:2 80:25 95:8,11 116:17 120:3 168:20 facility 4:19 31:1971:13 79:11,17,19 81:16,20 82:4 82:4,7 86:1,12 99:19,21 105:5 109:7 109:11 114:4 115:10 116:1 135:10 136:19 156:16 fact 53:3 54:7 58:9,17 60:5 70:16 77:20 86:17 92:5 96:13 103:18 104:19 116:16 116:20 129:21 162:7 165:24 168:20 factor 97:23 113:24 119:22 156:17 170:12 173:13,15,21 174:10,13 factors 173:11 173:20 174:3 174:7,14 facts 105:15 Fahrenheit 68:21 failed 166:4 fails 91:8 failure 163:11 fair 139:13 fairly 87:18 146:19 163:25 174:11 fall 122:6,11 137:7 falls 107:9 familiar 93:2 99:21 104:6 104:19 126:4 138:8 147:3 147:21 149:21 159:24 familiarity 92:13 99:18 104:18 146:9 147:5 family 151:25 152:2 far 20:25 79:18 80:22 101:25 104:17 111:21 125:12 152:21 163:2 farfetched 112:23 fast 126:2 fault 50:25 160:13 February 2:15 2:17 3:4,15 4:2 132:20 federal 80:13 146:18 150:16 feel 38:13 67:16 112:4 118:4 feeling 130:22 162:13 fell 82:3 157:20 felt 38:19 few 37:25 46:5 98:23 158:17 fiber 26:3 28:11 32:5 113:23 127:14 152:1 168:25 169:5 fiberglass 82:11,22 83:2 83:12 fibers 78:22 85:5 125:24 127:1 153:22 162:4 173:9 175:9 fibrous 83:1 84:13,13,15 85:4,9,13 114:20 field 33:15 113:7 114:5 131:17 154:7 Fifth 8:22 figure 116:7 file 1:1 37:15 37:19 113:12 139:6 175:16 filed 129:8,21 129:24 130:5 145:15,15 files 33:21 34:1 34:23 35:3,8 35:18,23 36:3 filing 129:12 145:14 filled 114:19 filling 82:13 83:22 final 29:12 91:3 118:11 finally 37:6 91:20 financial 58:24 financially 181:18 find 18:3 55:12 58:2 59:17 62:7 72:24 76:24 87:8 110:23 120:13 124:12 125:8 127:7,9 133:18 138:19 142:20,22,23 143:23 145:9 finding 86:4 117:17 156:3 fine 10:13 12:13 18:7 37:14 45:1 46:21 90:13 96:7 107:12 129:5 139:14 141:21 178:8 fingers 90:2 112:25 finishing 158:13 fire 126:12,22 126:24 127:3 127:11,14,16 fireproof 124:8 fires 126:13 fire-control 127:11 fire-retardant 124:8 126:6 126:11 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 190 firm 12:4 14:22 15:1,15,18 16:19 17:5 21:10,21,23 38:3 39:15,21 41:19 45:7,8 firms 39:18 first 9:9 11:7,10 13:17 17:21 18:21 23:6 28:25 43:11 48:15,20 49:13 51:8,22 61:10,25 63:7 72:6 89:24 91:6 95:18 126:22 127:17 129:1 131:18 135:4 139:1 140:14 142:18 149:10 152:24 153:20 162:16 169:18 fit 174:7 five 119:19 151:1 154:22 159:19 five-minute 103:25 Fleischer-Drin... 86:16 87:6,14 87:17 88:1,3 88:13,20 Flexible 17:23 flip 49:16 flipped 66:13 flipping 67:7 76:3 flow 168:14,17 focus 125:7 focusing 94:16 folders 19:9 follow 15:11 46:18 50:23 77:22 88:8 102:1 following 83:4 86:19 87:6 89:9 99:2 110:3 125:7 141:14 follows 9:10 100:12 follow-up 31:24 foot 97:15 force 61:16,18 61:19 63:19 71:5 86:18 88:23 123:16 foregoing 181:5 181:8,13 forgot 163:20 form 9:23 47:15 76:20 92:22,24 169:23 171:18 formation 45:13 54:1 formed 45:14 52:16 172:11 174:22 formerly 76:9 forming 35:11 forms 43:12 45:1047:13 120:18 formula 43:12 formulas 152:4 forth 18:20 63:15 144:18 155:10 forward 12:16 21:16,18 51:23 58:1 81:3 85:23 89:2 111:17 115:23 128:5 129:6 150:17 155:18 found 113:3,23 128:19 Foundation 11:18 17:7 18:12 19:11 19:13,16 20:1 52:20 54:2 60:4,16,19,23 61:22 62:1 63:7 66:15 69:17 70:6 149:6,9 150:12 161:4 161:16 162:18 172:19 founded 16:8 16:11 62:1 Foundries 143:7 foundry 143:16 143:21 four 100:6 112:7 154:22 179:14 frame 111:12 frequency 117:22 118:7 frequently 114:8 from 3:11,13 4:19 5:3,5,8 5:10,22 6:10 6:12,14,18 11:19 12:3,4,5 12:23 13:18 13:21 16:9 17:5,6,20 18:9 19:921:5,18 23:13 27:4,19 29:25 30:8 32:16 33:6 37:7 38:10 39:21 45:2,7,7 46:13 47:9,11 47:20 48:3 49:6 50:10 52:13,22 56:1 56:17 57:3,4 57:12 58:21 60:10,18 61:21 64:18 67:11 68:1 72:4 74:12 75:12 77:11 78:17 81:1,4 81:10 82:24 89:15 90:7,12 90:25 96:2,12 98:8 101:23 106:10 107:20 108:12,20 111:17,21 112:14 114:10 117:25 119:11 120:6 122:16 122:22 126:12 126:13,14 127:1 128:22 133:12 138:5 140:8 142:4 142:25 145:6 146:18 150:15 150:21 153:1 155:8,13 161:4,13 164:13 172:22 175:9,14 180:3 front 12:24 13:7 17:15 40:22 44:1 54:8 66:23 161:17 full 65:5 98:20 98:24 111:18 fully 164:3 fumbling 55:9 function 65:25 87:3 156:5 174:4 functions 175:21 funny 147:18 furnaces 168:3 168:22 furnished 160:11 further 41:15 50:15 71:7 86:6 94:1 119:17 120:12 124:18 143:4 158:20 165:25 181:17 future 39:3 67:19 f/k/a 8:6 G G 3:11 181:2,2 gained 58:21 63:18 Gardner 56:4 56:22 Garrard 8:12 Gaskets 120:19 gasket-type 92:25 gas-free 79:21 Gate 98:17,20 99:2,3 gave 28:25 37:13 62:6 85:12 101:7 102:6 116:12 119:20 165:24 172:7 general 47:5 60:20 78:18 90:16 111:22 112:17 132:5 146:22 148:20 148:21 152:16 153:24 167:11 167:22 171:3 172:9 176:17 176:19 generally 86:25 166:14,16 generated 167:16 gentleman 20:5 gentlemen 153:16 158:14 geographical 156:9 George 5:3 6:10 36:22 Georgia 1:17 1:24 8:9,14 16:8 Gershwin 1:15 181:23 gets 174:16 getting 29:5 63:3 124:23 124:24 130:10 Gilchrist 145:16 gist 113:21 give 39:20 78:20 87:2 123:15 134:19 141:8,20 146:1 177:16 177:24 given 16:25 32:12 37:20 38:12 39:2,19 39:22 40:3 44:21 45:17 46:9 88:24 109:25 113:12 135:13 140:6 159:8 175:1 181:10 gives 68:13 74:8 giving 14:4 15:21 16:3 39:12 glass 83:1 84:13 84:13,15 85:4 85:9,13 glasses 52:24 Glenn 6:12 go 10:11 11:21 13:4 17:17 23:16 40:5,24 49:8,11 50:20 51:21 52:6 58:1 62:6 64:16 73:15 77:14,24 80:11 83:19 89:15 90:23 91:8 104:7 108:12 110:13 110:17 112:7 113:6,14 118:22 120:21 121:6,22 126:13 131:11 131:15,17,18 132:19,20 134:21 143:18 147:20 149:16 155:11 156:1 157:11 158:18 163:2 165:1 165:13,25 166:24 170:9 176:3 180:3 goes 23:13 26:18 31:14 31:20 35:14 62:3 81:24 121:7 126:21 going 9:24 11:3 14:15 18:17 18:22 20:24 21:7,16,18 22:7,8 27:14 28:7 32:11 37:24 40:6 41:10,14,24 42:6,12,15,17 43:10 46:23 46:25 51:11 51:21 55:12 59:25 67:1 74:10 88:1 98:23 110:23 118:4 119:15 120:3,23 121:22 122:18 122:19,23 124:15 125:25 126:1,23,25 127:1 133:16 135:2 150:14 154:12 158:15 158:19 160:14 161:14 167:12 177:13 179:11 Goldberg 8:21 12:4 13:18,22 17:6 22:3 45:7 gone 43:22 99:15 150:7 170:7 good 58:17,22 60:13 63:16 63:20,23 64:2 71:17 73:23 74:4 87:15,16 92:11 109:21 113:8,20 119:24 130:8 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 191 132:5 133:4 137:22 151:3 152:20 gotten 20:25 governing 9:21 government 24:21 48:5 55:22 80:4,14 103:4,10,19 103:20,22 128:2 1.33:16 133:17 134:12 146:18 150:16 150:21 171:3 governmental 127:20,23 133:19 grade 114:24 grades 30:7 graduate 132:2 great 43:14,21 43:23 108:5 Griffenhagen 6:14 group 53:3,22 127:3 159:2 163:4 164:3 groups 57:16 57:19 136:11 guard 127:21 157:7 guess 22:4 23:15 39:9 41:2 47:5 59:15 73:22 107:11 116:19 128:6 131:7 137:16 140:18 146:2 151:18 152:19 153:4 162:12 guidance 48:12 guidelines 35:3 110:3 gustafson 7:4,7 8:12 147:16 158:17,23,24 160:16,21 161:2 165:5,8 167:3 171:10 176:2,6 178:2 179:15,25 gwinnett 1:16 181:3 ________ H H 5:3 half 108:14 halt 151:4 Hamilton 132:17 hand 41:14 89:20 113:25 115:3,12 117:13 handing 22:16 handle 145:9 handling 133:7 hands 11:1 85:21 115:1 Handwritten 5:17,18 6:2 hand-powered 33:14 happen 71:13 169:11 happened 53:19 happening 63:5 71:12 89:16 happens 122:8 happy 160:10 171:21 hard 126:20 127:13 Hardy 132:17 harmful 47:23 97:22 166:1 175:9 Harrington 123:2 Harvard 53:6 having 9:9 12:17 13:8 50:20,21 52:17 58:13 61:13 80:22 89:20 96:3 134:12 139:18 hazard 77:6 82:23 84:12 84:15,20 85:15 98:5 119:8 hazardous 109:14,23,24 130:20 hazards 72:7 72:14 78:17 79:13 81:12 94:3 106:22 119:5 120:8 136:3 142:3 148:3 161:20 166:20 170:4 176:18 177:2 Hazlett 72:8 73:20 75:1 110:14,14 111:10 Hazlett's 74:6 head 9:16 10:3 73:7 149:24 175:16 180:1 headquarters 34:13 health 18:12 19:10,13,15 19:25 47:9,12 47:17 52:19 52:20 53:6,23 54:9,24 55:22 58:19 59:2 60:4,18 63:11 72:7,14 73:19 74:1,8,14 80:23 81:11 81:18 82:22 83:18 84:12 84:20,21 85:2 85:12,15 97:19 103:20 109:21 112:2 112:5,9,12 113:4 119:4 126:21 134:13 149:11,14 150:17,19 152:24 153:20 155:1 161:4 161:15 166:20 168:8 169:16 176:18 177:2 heard 130:23 hearing 10:1 145:10 heat 68:18 167:25 168:4 168:6,6,10,11 169:1,2 heated 169:3 heat-caused 169:10 heavy 53:20 held 17:13 26:24 28:6,17 29:17 31:8 36:12 37:12 59:14 75:10 75:25 121:24 154:13 155:24 160:24 178:9 help 12:1159:4 100:12,19 132:21 141:9 142:15 helpful 165:20 165:23 helping 127:24 her 20:12 hide 163:3 hierarchy 91:3 91:5 119:12 high 117:15 126:17 173:16 173:19 higher 98:3,10 114:24 134:14 168:18 173:1 173:2,18 174:1 highly 14:11 85:8 high-activity 174:9 Hill 1:16 him 14:8,16 15:21 21:23 146:22 152:25 153:1,7,8 154:4 hire 170:10 hired 152:24 historical 149:21,25 161:10 162:7 171:1 historically 160:17 histories 144:18 history 55:18 80:24 112:8 117:25 126:9 135:14,24 150:2,7 163:5 163:17 hold 28:15 50:3 holds 153:23 home 143:18 honest 101:15 106:4 160:13 hope 127:11 hopefully 29:4 hopes 118:6 hot 168:18,21 hotel 43:19 hour 1:18 34:12 hours 173:25 174:2 household 43:3 Hughes 132:18 hygiene 2:11 5:20 11:18 17:7 23:19 33:20,21 34:2 34:18,23 35:3 35:18,23 36:22 47:22 48:11 53:1 54:2 60:16,23 61:22 62:1,5 63:7 66:15 69:17 70:5 80:23 83:16 85:24 86:1,12 87:15 91:4,5 95:3,16 97:15 109:8 110:12 116:22 117:10 118:18 119:12 129:14 135:21 135:24 137:4 147:10 149:6 149:9 150:12 161:6,12,19 168:16 169:14 169:15,20 171:4 172:18 hygienist 48:8 59:8 79:14,20 hygienists 64:20 95:12 95:23 96:4,4 hypothesis 154:2 hypothetical 86:10 I idea 135:11 171:21 identical 13:1 40:21 identification 3:19,22 13:11 19:1 22:11 23:12,23 24:5 24:10,15,20 25:1,6,11,21 26:1,8,13 27:1 27:9,17,24 28:5,14,23 29:3,16,23 30:6,11,17,22 31:2,7,17,23 32:3,9,20,25 33:5,10,18,24 34:5,10,16,21 35:1,6,21 36:1 36:6,11,20,25 37:5,11 41:13 42:2 120:17 151:8 161:1 178:11 identified 96:24 119:6 identify 22:3 40:6 IHF 2:9 23:5,9 60:1061:12 61:25 62:4,8 62:10,13,19 62:23 63:8,13 64:6,11,21 66:12,17 111:5 148:21 161:15,24 162:1,9,17 163:22,24 164:2,24 165:16 166:11 166:13 167:6 167:9,18 II 47:3 86:16 illegal 133:25 illness 106:16 immediate 110:6 immediately 141:22 142:2 immensely 130:21 impact 123:8 imparted 112:14 148:20 150:19 impetus 85:12 implementation 85:11 implemented 86:23 implementing 86:9,12 112:4 implied 114:8 imply 72:17 importance 60:2 156:19 158:1 important 72:4 106:20 118:8 123:21 156:17 156:25 157:13 161:7 173:13 173:15 impossible 105:10 impractical WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 192 119:19 impression 105:2 improper 16:2 134:10 158:2 improperly 54:4 ' improving 83:11 inadvertently 66:13 inappropriate 47:9,13,19 70:11 inc 1:23 10:18 181:15 inch 108:14 inches 17:16 incidence 140:22 141:14 157:10 incident 85:1 include 87:19 88:22 91:9 included 39:18 53:3,22 57:16 57:23 58:2 59:22,23 66:2 93:25 97:6,9 106:5,9 107:10,17 109:6 141:11 157:21 includes 169:5 including 54:12 172:15 incorporated 11:13 12:1,2 22:25 27:19 38:9 93:1 incorrect 111:11 increase 174:10 increased 133:21,22,23 incur 122:24 indented 121:5 index 132:14,14 indicate 50:11 60:2 68:16 74:3 116:22 149:13 indicated 60:3 75:6 96:14 101:10 125:9 125:16 indicates 74:6 80:22 99:3 148:13 indicating 22:19 26:18 35:14 37:16 43:11 49:22 52:9 66:24 67:5 72:23 74:25 97:3 108:16 121:12 121:19 123:3 124:22 125:13 128:8 130:22 175:8 179:19 indication 54:7 63:9 64:3 77:4 81:11 93:6 106:11 114:3 123:14 134:9 indicators 87:1 individual 77:10 117:1 117:11,19 118:15 130:3 144:17 173:7 174:8,16 individually 17:841:1 individuals 54:13 industrial 2:11 5:20 11:18 17:6 18:12 19:10,13,15 19:25 23:18 33:20,21 34:2 34:18,22 35:3 35:18,23 36:22 47:22 48:8,11 52:20 52:25 54:2 59:8 60:4,16 60:18,23 61:22 62:3,4 62:11 64:20 72:7,13 73:19 74:1,7,8,14 79:10,14,20 80:18,23 81:22 83:15 85:24,25 86:12 87:15 91:4,5 95:2,12 95:16,23 96:4 96:4 97:14 109:8 110:11 112:5 116:22 117:9 118:18 119:12 129:14 135:21,24 137:4 147:9 149:6,8 150:12 161:4 161:6,12,15 161:19,19 168:7,16 169:13,15,19 169:21 170:16 171:4,6 172:18 176:13 176:22 177:20 industries 104:7 118:3 134:15 industry 47:22 55:23 57:16 57:19,24 62:17 112:15 112:20,23,25 113:11,13 120:17 127:20 127:25 128:3 139:2 140:16 144:2 145:20 145:21 146:10 146:14 147:6 148:16,20,22 149:15 150:11 154:17 155:16 157:4 158:3 161:17 162:22 163:2,4 164:25 165:21 172:9 industry-related 150:12 Infante 142:10 influence 161:18 inform 94:6 information 5:12 39:2,8,13 39:20,22,24 39:25 45:4 46:1 60:16,24 61:1,3,7,9 63:14,17,25 69:3,5,8 71:4 71:20 73:25 74:5 76:23 91:2 102:9 113:10 117:22 118:15,25 123:9 130:6 135:2,19 136:4 137:8 137:13,17 149:2,5,8,16 150:19 161:11 163:1,3,4,6 165:15 166:1 175:8 176:8 176:12,18 informing 111:22 122:23 Ingham 3:11 27:20 initiated 21:2 injurious 106:18 injury 70:13 71:21 inquire 14:10 14:23,25 inquiry 14:20 29:25 30:1 inserting 144:18 inside 4:10 120:3 134:12 insight 74:8 insisted 177:21 insisting 15:3 insofar 63:13 inspection 133:23 inspections 81:23 117:23 118:2,3 install 100:19 installing 100:13 instances 105:18 118:11 Institute 62:2 146:7 instituted 177:16 institution 162:22 instruct 21:19 145:3 instructed 49:6 instructing 15:10,13,16 100:13 instruction 13:21 15:11 16:2 31:4 102:6 instructions 15:21 30:24 50:24 145:6 instrumental 56:4 insulating 17:23 128:24 insulation 4:7 4:10,13,15 25:23 30:13 30:19,24 31:4 47:8 68:5,18 68:20 76:8,19 76:24 77:16 84:3 99:15 105:12,17 176:15,24 insurance 53:8 136:22 insurer 136:25 137:3 intended 105:4 intent 123:7,22 124:19 125:18 interest 21:14 54:23 55:18 55:19 143:5 interested 43:13 58:18 139:18 140:15 141:1 181:19 interests 10:19 interim 91:24 Interior 53:4 internal 5:2,5,7 5:10 29:25 32:15 37:7 109:4 120:2 135:21 147:22 148:18 163:13 interpose 14:1 interpret 61:14 134:9 interpretation 134:7 interrogatories 3:18,21 28:19 interrupt 20:19 interrupted 20:23 interruption 17:11 134:17 Introduction 5:15 inventory 34:1 investigate 77:15 investigated 148:1 149:18 investigating 54:8 investigative 113:8 involved 50:4,7 50:12 52:25 60:6 62:16 107:24 115:10 124:11 135:5 136:12,16 144:6 involvement 49:23 54:1 158:3 involves 19:19 involving 142:8 157:14 in-house 82:8 104:21 Iron 146:6 irrelevant 14:12,22 irritation 93:5 93:9,13 irritations 93:11 issue 12:19 64:17 107:11 112:13 118:5 126:21 127:4 137:24 145:4 149:18 153:21 157:10 158:1 issued 10:20 159:1 issues 3:19 42:9 54:9 55:18 60:13 92:12 157:17 ivan 8:12 158:24 J J 5:8,22 6:14 8:3 108:20 162:20 jack 8:21 20:6 Jackets 4:11 Janice 12:3 20:12 January 2:20 3:8 5:22 6:4 89:15,15 125:12 Jeffrey 5:22 Jenkins 145:16 Jennings 8:21 12:4 JM 33:13 job 94:22 104:15 112:4 156:5,8 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 193 174:11 jobs 174:17,18 174:18 Johnson 141:13 Johns-Manville 5:2,5,7,10 32:5,16,21 167:17,18 Joint 3:17,21 Journal 52:3 72:21 73:18 111:1 155:5 journals 61:4 judge 16:1,23 20:25 21:20 117:18 145:11 judged 118:15 judgment 116:25 JUDICIAL 1:5 July 1:17 2:11 3:5 4:8 6:9 27:11 125:22 181:20 June 4:16 6:19 6:23 31:13 jurisdiction 15:22 jury 65:25 just 12:13 13:25 18:16 19:6 23:16 28:7,8,25 29:7 38:6 39:16 40:3 43:9,10 43:24 47:13 49:7 51:3,4,6 51:20 57:2 58:7 59:20 64:14,17 68:17 74:24 75:6 76:2 78:18 81:5 85:20 88:23 94:15,25 96:20 98:23 98:25 100:24 104:17 106:6 106:8 113:6 117:4,14 120:8 121:7 121:16 122:8 123:12 128:19 130:21 135:18 138:20 139:24 140:25 141:16 142:10 143:14 154:12 160:7 160:16,20,21 163:19 166:23 167:15 169:15 174:4,12 179:6 180:2 K Kansas 2:15 24:6,8 37:2 82:1 Keal 5:8 Keene 4:7 30:12 keep 13:5 88:14 133:15 144:10 163:15 kept 33:21 134:14 152:25 Keystone 108:2 kicking 123:4 kill 127:1 kind 113:2 123:1 135:2 138:6 151:1,4 162:12 173:12 174:6 kingpins 150:6 knew 109:24 142:12 146:22 146:22 160:11 161:24 164:4 know 9:19,20 13:19 14:23 15:4,4,10 16:4 26:19 35:7 37:22,22 39:14 40:15 40:25 42:5,12 43:14 45:8 50:19 55:15 55:25 56:25 57:2,2 59:16 65:14 67:12 68:7,11,15,24 69:9 70:4 74:17 76:18 76:21 82:15 82:18 83:10 83:19,21 84:7 84:11,16,20 85:8 89:16 90:14 92:16 92:19,22 93:12 94:22 95:5,8,22 99:13,14,17 100:7,9,19 101:2,4,5,9,21 102:24,24 103:13,13 104:13 110:5 111:14 115:2 115:6,10,18 115:25 117:22 117:25 121:3 121:13 123:18 123:20 124:11 125:13 126:9 126:22 127:10 128:15,25 129:4 131:11 134:13,16,19 135:3,3,4,10 135:16,18,20 136:8,12,13 136:17,18,21 137:1,2,15,23 138:4 139:21 140:2,7 142:24 144:5 144:7 146:17 146:22 147:17 149:12 152:22 152:23 153:19 153:19,23,23 154:8,9 160:17 165:1 165:13 166:10 166:13 167:13 170:19,24 172:4 179:10 179:11 knowing 56:19 124:7 knowledge 11:1646:17 58:20 60:20 74:7 82:25 84:25 92:15 94:13 99:9 103:12 106:10 106:21 111:23 112:14 120:8 120:9,11 130:19,25 135:8,23 136:5 146:11 148:2,13,20 149:12 154:3 161:5,8,19 162:9 168:16 170:24 171:1 172:12 176:21 known 19:19 53:16 83:18 99:19 109:22 113:11 127:13 177:2 Konicide 52:5,6 52:13,19,23 52:25 54:1,11 54:18 L L 5:5,8,10 label 18:22 24:16 77:21 109:1 122:18 122:20 labeled 162:18 labels 123:3 labor 80:5,8,10 81:22 149:10 150:2,3,6 Laboratory 53:10 99:20 lack 85:9 112:1 158:1 lagging 74:13 81:12 Lake 56:3,5 61:11 Lanza 170:6 large 2:13 23:25 24:2 37:7 62:3 79:10,23 80:16 104:8 104:20 112:7 135:18 largely 21:1 larger 22:7 36:13 largest 103:2 last 37:6,25 41:1742:19 49:1 73:16 118:1 119:20 122:1 125:20 133:5 151:12 178:13 late 13:20 86:14 120:16 137:7 latency 86:24 88:6 130:2 156:23 later 37:13 52:21 54:2 102:12 latest 140:6 law 9:2 12:4 15:22 24:22 39:15,18 41:19 45:7,7 70:13 71:9,11 laws 70:24 71:19 lawsuit 14:11 16:20 lawsuits 65:10 lawyer 13:22 lawyers 16:4 42:25 lawyer-client 39:14 lead 131:14 leading 53:15 learn 71:16 learned 54:14 54:17 63:19 85:1 86:16 least 14:2 65:1 80:22 82:21 111:22 119:23 127:25 152:6 152:13 154:1 155:8 162:18 163:7 177:21 leave 28:8 led 112:8 left 88:22 151:3 164:14,15 legal 71:9 legible 96:21,23 legislative 112:8 lemen 1:11 6:16 6:18,23 9:8,12 10:5,8,12 14:21 15:8,10 15:13,20 16:3 16:19 17:14 20:7 21:10,24 51:12 52:9 75:15 134:24 141:12 142:3 142:19 151:9 151:16 158:11 158:24 171:16 176:7 178:13 178:15,18 Lemen's 14:24 Leroy 56:4 less 77:15 97:22 155:9 Lester 26:16 152:22 153:9 153:19 let 22:18 38:14 38:15 40:24 42:17 45:16 46:7 56:13 62:9 64:16 66:23 72:5 73:5 75:4,6 81:591:1 94:25 100:22 105:15 106:25 110:17 126:10 135:3 145:10 156:10 167:5 letter 3:11 6:10 6:12,14,18 27:4,10,18 31:24 121:5 125:9,12,16 130:17 132:25 134:5,8 164:17,18 165:4,7,10,11 letters 19:20,23 20:2 41:22 let's 10:9 13:4,7 14:20 18:17 23:5,17 37:21 43:17 44:5,6 46:22 47:9,20 48:14 51:5 52:12 77:13 81:3 83:19 86:9,10 89:2 95:17 113:14 113:16 115:23 116:3,5,15 118:22 120:21 124:21 128:5 129:6 132:19 132:20 134:21 155:25 157:20 163:15 167:21 level 90:22 91:10 102:3 119:11,12 148:1 levels 88:14 91:11 Lewis 152:22 152:23 153:20 liability 37:1 70:8 71:15 liable 71:19 lies 77:19,20 life 53:8 115:19 153:2 like 17:22 18:20 19:21 49:16 56:22 58:7 67:14 73:2 76:4 78:9 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 194 79:11 80:3 89:3 90:22 92:2 101:18 104:7,8 112:4 115:19 121:18 131:16 132:13 138:6 142:14 145:23 146:1 146:3 147:9 150:5 174:6 likely 60:12 93:9,15 likewise 58:5 149:4,20 limit 48:10,12 109:11 110:1 110:5 138:9 138:14 limitations 88:24 limited 116:21 118:10,14 172:15 Linda 8:4 line 2:2 3:1 4:1 5:1 6:1 7:1 74:10,11 124:16 list 23:9 66:14 134:6,15 142:25 146:11 listed 22:7 57:5 57:16 58:3 85:19 144:1 151:21 listen 20:20 listening 21:2 lists 2:9 23:5 109:5 122:1 literally 79:17 literature 78:20 86:14 110:9 113:4,4 148:21 155:16 157:11 163:16 163:16 164:1 166:15 167:1 167:11 176:9 176:13,20,21 litigation 1:4 130:24 little 49:16,16 55:20 108:5 123:8 166:22 lives 153:3 living 112:21 Lloyd 142:2 147:1,4 154:20 local 9:19 91:17 locate 116:13 located 95:6 139:5 location 79:6 156:9,16 lone 1:3 20:15 20:17 107:17 116:1 135:5 135:20 136:5 136:8,22 137:24 138:4 146:15 long 21:5 22:22 40:5 55:17 69:10 112:3 123:3,18 longer 169:9 176:14,22 Longshoremen's 109:20 long-term 155:2 look 42:16 46:22 48:25 61:17,24 68:11 71:12 75:4 81:5 85:13 94:25 110:19 113:9 115:15 117:1 117:24 118:8 121:9,18 125:20 127:6 130:3 131:16 139:7 144:7 146:15 148:4 157:11 162:13 165:1,13 looked 84:22 85:3,4,5 91:23 164:7 172:17 172:20,23 looking 21:14 81:20 85:17 88:19,23 93:4 94:15 110:20 117:10 119:5 121:20 122:22 127:14 138:17 138:24 141:2 148:11 155:9 155:17 161:10 looks 17:22 49:16 73:2 76:4 89:3 101:18 Loop 4:18 31:19 Lorimer 175:18 lost 41:10 148:12 154:11 lot 50:7 51:2 79:25 113:10 133:23 143:3 146:21 156:1 158:6 161:11 167:25 168:4 174:7 love 140:1 142:6 low 87:16,18,21 173:18 lower 98:3 173:3,3 low-activity/hi... 174:18 luncheon 75:12 lunchtime 75:8 lung 86:4 87:23 94:9,11,13 154:17 157:10 157:14 177:5 lungs 106:18 Lyle 72:8 73:19 L.L.P 8:17 M M 1:14 6:14 181:23 machining 108:25 made 9:21 16:1 16:22 38:20 42:22 63:13 68:9,14 74:20 97:18 101:21 121:8 130:12 130:13 133:6 140:8 148:19 161:25 162:5 164:5 magazine 3:14 147:17 magazines 147:22,23 Main 8:18 mainly 53:19 mainstream 111:21 167:1 maintain 78:5 100:19 maintained 102:3 maintaining 100:13 128:4 major 104:7 146:13 make 9:23 15:5 18:1921:13 22:22 43:15 46:7 63:3 66:23 69:22 73:5 76:2 86:10 107:2 116:25 126:2 127:21,24 130:11 132:4 132:21 171:23 makers 172:12 making 46:7 53:25 83:7 87:4 107:6 115:4 117:21 118:2 133:12 167:23 manager 79:14 81:4 95:2,11 96:5 123:15 managers 36:14 manner 122:24 manufacture 81:12 84:12 84:17 85:14 102:7 manufactured 96:14 114:12 115:18 manufacturer 63:10 77:19 77:20 78:16 79:12 82:4 83:6 102:21 manufacturers 85:13 146:4 172:15 manufacturing 77:25 82:25 84:13,17,22 109:7 Manville 33:6 many 38:2 47:21 54:11 56:25 65:10 65:10 79:3 81:25,25 92:16 95:8,22 105:18 130:23 146:23 March 2:18 3:7 3:10 4:19,22 5:24 6:5 24:18 108:7 113:15 Marchyn 6:15 marine 99:3,11 99:16 Marinite 32:17 32:22 33:1,7 33:15 34:7 115:25,25 mark 11:5 13:4 13:5 18:17,17 22:7,8 23:9,21 25:4 28:12 35:19,24 36:4 36:9 40:15,25 41:6,11,21,25 50:18 51:3,6 51:15 73:2 128:7 141:16 142:23 marked 13:10 18:25 22:10 22:13 23:11 23:22 24:4,9 24:13,14,17 24:19,25 25:5 25:10,20,25 26:7,12,25 27:8,16,23 28:4,13,22 29:2,15,22 30:5,10,16,21 31:1,6,16,22 32:2,8,19,24 33:4,9,17,23 34:4,9,15,20 34:25 35:5,20 35:25 36:5,10 36:19,24 37:4 37:10,23 40:8 40:1041:12 42:1 44:10 67:11 69:15 139:9 151:7 151:15 160:25 178:10,12 marked-up 11:3 market 85:10 marking 40:25 markings 74:20 Marriott 1:16 MASTER 1:1 material 27:6 47:8,18 59:24 76:9,10,19 77:21 79:5 92:25 93:8,17 101:20,22,23 101:24 102:3 102:5,11,12 102:16,22 104:16 106:19 108:23 110:6 114:11,13,20 115:14,14,24 116:12 119:23 125:22 126:25 127:2,3,16 128:4,24 131:5,6,8,9 133:7,13 160:11 161:9 163:24 167:10 173:2,3 materials 17:23 25:23 32:4 47:25 77:11 84:18,25 98:7 105:12,17 119:6 151:23 177:11,23 mattresses 68:18 maturing 156:24 maximum 97:10,13 98:9 may 2:23,24 4:21 12:11 15:6 39:3 46:8 50:19 51:1,1 58:2 60:19,25 61:10,15,17 65:12 76:12 76:13 78:22 79:7,24 89:19 97:21 98:15 105:9 106:8 106:16 111:10 117:4,12 118:14 122:7 124:25 128:13 141:19 148:5 158:12,20 162:5 166:8 167:2 170:11 176:10 177:8 maybe 42:6 43:18 55:19 81:25 85:25 91:1 121:1 177:14 mean 14:12,19 48:4 63:2 65:14 67:24 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 195 86:19,22 87:8 member 19:15 88:8,9,11 52:22 58:10 92:24 94:8 64:10 66:12 99:12 105:9 150:19 164:4 116:11 118:16 172:21 126:7 127:6 members 52:15 129:13,23 56:25 57:3,7 131:23 133:22 57:13 58:5 133:23,23 60:4,25 61:2 136:24 138:10 61:13 62:8 142:23 144:15 64:7 66:15 145:23 150:2 146:12 162:1 163:12,17 membership 164:18 167:19 2:9 23:5,9 172:25 173:1 57:12 58:21 174:5 176:16 62:2,11 63:7 means 97:25 69:19 164:2 98:1,4 133:9 166:11 meant 62:17 memberships 65:22 67:18 57:15 58:2 measured memo 5:22 121:11 29:25 81:4 measurement 108:20 119:11 175:13 119:17 measures 71:14 memorandum measuring 37:7 91:24 memory 172:22 mechanism men 168:4 128:1 154:10 mention 160:14 media 62:20,25 mentioned medical 62:4 44:23 66:18 63:22 72:12 136:13 169:13 72:21 73:8,18 172:6 73:24 78:20 mentors 146:25 86:3 87:7 Merck 132:14 111:1 112:22 merely 175:9 113:11 131:20 merged 149:23 131:21 132:10 150:4,9 146:20,23 Merrill 146:20 148:21 165:21 mesothelioma 166:15 176:9 88:9 94:9,11 176:13,19 177:6 medical-engine... metal 153:17 72:7,13 153:21 medicine 52:4 metals 57:19,22 109:10 111:15 73:5,15 139:2 116:23 118:13 140:16 144:2 119:2 155:6 methodologies 169:19 171:4 84:17 meet 22:1 methodology 125:25 154:25 meeting 26:14 methods 34:12 56:7 177:10 75:17 110:1 Metropolitan meetings 52:18 53:8 61:9 62:19 Micarta 92:12 75:21,23,24 92:13,15,17 Mellon 62:2 92:19,23 93:8 93:10 108:24 124:8 126:6 126:11 127:7 127:16 MICHAEL 8:7 microscope 106:14 mid 177:3 middle 68:12 might 23:17 41:6 51:2 60:15 61:19 64:17 67:25 81:3 86:5 100:21 115:8 115:9 124:15 169:4 mill 1:3 76:11 79:11 104:20 146:15 154:14 154:15 156:12 168:8,15,15 169:1,10 170:16,23 171:7,9 176:14,22 177:21 milling 25:7 168:23 million 48:9 88:15 97:15 138:14 mills 104:7 146:9 154:24 167:24 168:3 mind 21:2 56:16 65:22 131:8 132:1 Mine 140:4 mined 47:2 mineralogically 151:23 152:5 minerals 6:21 151:10,20 Mines 53:4 mining 53:20 minor 118:19 minute 116:15 138:20 minutes 37:25 151:1 169:9 miscellaneous 6:25 mischaracterize 38:15 misplaced 85:19 98:23 missing 85:20 89:17 90:5,6,9 163:11,22,24 90:10 98:18 Motor 2:13 101:18 106:8 23:25 24:2 116:4,6,13 37:7 179:4,17 move 48:14 mistaken 91:12 75:4 81:3 89:2 misuse 47:18 90:25 108:5 78:18 113:16 115:23 mix 41:10 116:3 119:11 mixable 76:20 128:5 129:6 mixed 55:8 155:18 170:1 73:5 97:22 moved 12:16 98:5,10 movement moderate-activ... 150:3,6 174:18 moves 108:6 Moldarta moving 51:21 108:24 152:10 molded 108:24 much 13:8 91:6 molding 168:23 111:25 117:17 moment 39:20 123:15 124:2 Monday 42:20 140:11 monitoring multiple 29:13 78:10 87:20 57:6 174:14 Monographs multiple-page 142:16 27:25 monolithic multiplying 164:3 174:5 months 123:19 multitude 57:3 more 62:7 multi-page 67:20 69:4,7 26:21 27:14 72:16,17,24 28:12 84:21 85:8,22 must 115:3 93:9,14 96:8 125:21 170:22 101:5,6,9 172:5 111:25 112:2 myself 39:21 112:14 117:17 41:1846:7 118:4,10 128:19 123:9 155:9 173:13 N Moreno 5:3 N 2:1 8:7 Morgan 8:15 name 12:3 171:17,19 66:18 67:5 172:2,3,4,15 131:23 158:24 172:20 171:16 morning 41:8 named 52:21 morphology names 52:25 152:19,20 131:24 morris 1:49:15 national 55:10 mortality 155:3 55:15,17,21 most 84:12 88:2 56:6,25 58:6 111:17 130:23 58:14 60:11 135:1 144:10 75:16,19 77:5 154:18 167:10 80:3 99:20 168:7,20 136:19 motion 145:13 nature 20:3 motivating 93:14 118:21 126:4 132:14 motivation Navy's 99:19 NBTL 99:19 necessarily 48:1,1 58:9 77:23,24 83:6 86:19 87:8 113:12 129:13 129:23 156:12 163:18 necessary 109:13 necessity 38:13 39:4 need 18:17 21:15 22:18 22:21 38:7 42:7 50:20 65:3 71:6 73:2 74:23 75:7 112:11 116:8 121:21 123:8 128:7 151:2 160:18 needs 27:21 112:14 negate 78:15 nelson 8:3 14:24 137:20 171:22 NES 128:22,25 129:4 network 134:13 never 104:12 126:24 163:2 new 11:19,23 77:7,25 141:15 159:9 159:21 news 62:20,25 96:16 151:3 next 22:6 23:25 27:4,18 29:18 29:24 30:12 30:18,23 31:3 31:9,24 32:4 32:15,21 36:21 37:1 50:17 51:17 55:7 59:5,5 64:9 65:9,24 66:5 69:13 71:23 74:22 89:3 92:8 93:20 96:10 97:21 98:17 99:23 101:17 106:3 120:1 122:15 132:19 137:6 139:19 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 196 140:18 142:9 142:15 143:5 177:12 next-to-the-last 129:2 NIOSH 143:6,9 143:14,18 146:19,21,25 Nix 8:3 45:7 158:8 Nods 9:16 10:3 180:1 nonasbestiform 151:21 nonasbestos 128:24 none 38:18 159:20 nonhazardous 127:15 nonmembership 62:24 nonserious 122:4,11 Non-Product 3:19 noon 75:8 normal 42:7 175:19 normally 81:19 104:20 North 4:18 8:13 31:19 69 :21 70:1 Northside 1:24 Notary 1:15 note 49:22 51:18 55:24 100:2 notebook 40:3 40:8,10,11,20 40:21 43:3 44:11 49:17 151:12 178:23 notes 11:6 nothing 22:2 65:13 72:17 82:18 101:9 117:16 notice 1:12 39:12 40:4 noticed 133:3 138:17 notification 6:7 36:7 notify 109:13 November 2:21 3:2 4:4 5:14 29:19 30:3 72:21 nowhere 20:25 number 4:19 18:15 31:19 48:16,18 51:11 57:2 66:22 67:1 73:9 116:17 116:18,21 119:19 124:3 135:12 143:15 numbered 97:1 157:23 numbers 48:23 148:6 N.E 8:8 O O 6:12 8:13 181:2 oath 101:16 objection 14:2 14:14 15:5 16:7,15 objections 9:21 9:22,24 objectives 5:20 34:17,18 observation 25:7 85:23 94:2 Observations 141:14 obtain 11:25 13:17 obtained 12:3 17:5,6 39:21 106:10 obviously 125:24 142:22 OCAW 136:16 occasional 52:17 occasions 144:19 occupational 52:3 54:9,24 56:23 58:19 59:2 63:11 80:22 81:18 85:2,12 103:20 109:10 111:15 112:2 112:9,12 113:3,4 116:23 118:12 119:1 134:13 155:1,5 169:16,19 171:4 occupational-t... 56:8 occur 87:3 117:8 126:23 occurred 87:1 130:5 162:7 163:8 occurrence 151:21 occurrences 38:24 occurring 62:22 63:20 82:16 113:1 occurs 65:9 114:8 126:25 October 2:13 3:12 6:15 off 17:13 26:24 28:6,17 29:17 31:8 36:12 41:8 59:14 75:10 111:21 121:23,24 134:21 139:25 141:16 149:24 154:13 155:23 155:24 157:7 160:24 175:15 178:9 offer 54:3 142:7 offered 54:19 65:4 80:16 133:1 offering 77:4 office 17:20 19:10 95:5 140:9 143:22 156:12 officer 56:10,11 officers 57:4 often 117:24 oftentimes 174:16 oh 66:9 108:10 128:17 140:7 140:24 141:4 141:7 146:1 147:11 153:4 153:7 172:7 okay 15:19 16:23 17:14 20:4,18 21:17 22:5,21,24 23:21 24:2,12 24:23 25:22 26:5 27:15 28:9,20 29:24 33:12 37:14 39:11 40:5,23 41:21 42:3,10 44:5 46:22 50:3 51:14,16 51:17 52:23 55:7 59:9 63:2 64:9 66:13 67:4 69:13 71:23 72:3 73:13,16 74:22 75:15 81:7 89:2,13 96:7 99:23 101:17 104:4 105:8 107:12 108:18 113:14 115:23 116:5 118:22 120:21 122:15,18 125:4 128:16 129:5 132:19 137:22 139:19 139:20 140:17 141:4,12 142:6,22 143:2,24 144:25 145:18 148:8 155:25 159:25 171:13 179:10,12 old 111:15 140:13 169:13 oldest 170:14 Oliver's 170:3 one 18:13,14,14 18:15 23:6 25:15,22 26:2 28:15,25 32:10 37:12 37:12 41:22 41:23 43:1,9 46:3,6 49:1 52:15 53:15 59:15 65:2 66:7,8,9,13 69:5,16 72:25 73:1 74:24 87:19 89:5,17 90:9 92:9,10 92:11 94:25 96:19,20,22 98:22 103:2 111:3,14 112:12 114:20 116:8 119:20 119:22 121:7 121:20 122:7 122:17 126:10 126:19 127:2 127:5,6,13,14 127:24 128:19 129:1,18 132:1,1 134:7 134:14 136:17 139:1,19 140:6,14,18 140:18 141:12 142:5,11,18 143:10 144:1 146:25 151:11 151:25 153:5 153:15,16 154:24 157:20 158:4 162:11 162:18,22 166:21,22,22 166:23 168:7 168:9,17 176:2,8 ones 37:13,24 116:13 139:6 146:11 155:2 166:25 one-page 72:23 123:10 only 19:24 48:12 50:13 51:23 68:25 69:2,5 73:1,22 87:18 88:25 91:23 96:19 96:22 105:12 118:17 128:6 135:8 151:18 154:10 167:4 167:8 open-hearth 168:3 operate 70:25 operating 168:15 operation 25:7 114:9 136:9 175:10,15,19 Operations 140:22 opinion 48:5,7 61:6 63:4 67:21 68:24 83:5 91:2 97:11,24 99:1 109:21 122:7 131:13 133:2 150:9 159:8 163:7,11,21 165:19 173:12 175:1 opinions 35:11 45:13 60:12 133:1 157:24 159:7,10,14 172:11 174:22 opportunity 156:23 oppose 14:8 option 91:3 order 14:15,18 18:6 133:3,13 ordinary 175:10 organization 27:19 54:5 56:21 57:6,8 58:25 62:17 63:8,18,21 69:20 82:3,17 145:23 150:10 161:5,7,8,11 161:16,17 organizations 60:6 80:3,19 145:20 149:23 150:11,13 172:16 original 69:21 79:4 181:16 originally 55:18 97:18 105:18 OSHA 24:11 27:11 29:13 36:14 102:16 112:19 116:15 116:21 117:6 117:23,25,25 118:5,6,11 122:10 125:23 128:15 133:14 133:20 134:13 other 3:18 9:22 13:22 16:4 23:15 38:23 39:15 40:2,4 42:11 44:24 45:5,10 46:24 49:22 50:7 58:5 60:22 61:2,13 64:19 65:4 66:15 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 197 68:19 69:19 70:23 72:3 74:4 76:16 81:25 92:14 92:15,16 93:7 93:17 96:13 97:22 98:7 100:17 101:6 102:2 107:21 113:8 119:14 119:24 120:8 129:24 130:22 132:3,13 136:2 141:2,9 142:14 144:13 144:14,20 146:23 150:12 153:11 155:15 158:14 160:13 162:4,4 163:18 164:4 167:18 171:11 171:18 174:7 175:2 others 61:11 69:8 98:15 132:17 150:5 155:13 161:25 175:18 179:21 otherwise 21:9 43:16 54:20 143:24 167:7 ought 86:6 out 14:19 17:8 29:6 43:17 49:5 52:24 59:4 67:17 76:7 77:15,24 81:20 84:12 86:9 88:3 104:25 114:4 116:7 121:3 122:20 128:14 132:3 140:25 145:9 147:19 150:8 154:21 159:7 163:15 168:18,22 169:2,10 170:6 outcome 181:19 outlines 162:13 outside 62:24 63:14 outstanding 141:18 144:9 oven 156:14 over 18:13 19:17,24 21:21 51:21 67:7 68:20 69:1,25 81:5 82:22 93:5 117:25 138:19 142:15,17 143:2 145:3 160:8 168:25 180:3 overall 117:20 122:9 173:14 overcoming 126:12 overemphasize 166:5 overhead 172:12,14 overly 63:2 oversee 82:8 oversight 160:10 overt 87:3 Overview 144:2 own 63:19 71:5 71:15 78:3 86:1 96:15 104:21 118:7 132:4 owner 86:12 105:5,19,20 P P 5:5,8,10 6:14 8:13 package 107:10 packaging 79:4 pad 81:6 page 2:2 3:1 4:1 5:1 6:1 7:1 13:7 17:21 19:12 40:23 43:9,11 51:8 51:14 55:13 66:23 72:25 73:1,4,7,9,16 74:16 89:12 89:21,24 96:22 97:5 98:17 101:7 106:6 108:9,9 120:25 121:9 121:11 122:1 125:20 128:10 129:1,2 132:22 138:19 138:21,23,25 139:1 140:21 142:15,17 143:19 151:11 151:11 162:13 167:13,13 pages 27:21 29:13 49:14 66:14 67:11 96:18 97:6 100:6 101:19 140:12 159:7 page-by-page 166:7 panic 122:24 paper 21:25 48:21,22 49:7 49:9 52:4 74:10,12 93:1 139:4 144:6 176:16 papers 75:24 138:22 140:13 140:15 141:3 141:10 143:25 155:18 162:2 166:5 175:11 175:17 paragraph 113:22 121:5 129:3 162:17 parentheses 48:15 Parnell 42:21 part 84:22 104:12 107:4 107:5,24 134:10 137:18 163:8 partial 70:7 participant 21:3 56:10 64:4 participants 54:11 participated 146:21 participating 54:5 56:21 63:21 participation 54:18 60:10 63:8,18 64:19 64:20 particle 48:9 138:14 particles 88:15 97:15 particular 55:16 76:10 76:18 93:4 98:9 100:16 106:22 112:16 112:23 115:5 131:21 132:9 137:8 144:16 148:14 156:5 157:1 164:20 166:5,18 particularly 11:22 parts 59:20,21 68:19 112:20 137:18 166:5 party 181:18 pass 18:13 175:25 180:2 passage 112:8 passed 66:8 past 11:11,20 18:20 56:2 66:13 87:1 116:19 130:8 135:14 paternalistic 112:1,21 path 152:22 154:11 Patterson 8:3 158:8 Paul 6:10 pause 35:9 90:15 128:9 pay 71:6 121:17 paying 71:9 penalty 6:7 36:7 122:1 pending 9:14 12:1021:19 Pennsylvania 8:22 14:3 53:12,15 81:24 82:7 people 50:7 56:22 57:12 57:23 58:3 63:23 78:21 79:24 80:23 82:8 92:2 104:21 114:9 126:13 130:23 138:3 146:23 150:5 163:18 per 97:15 170:3 perceive 164:2 perceived 168:7 percentage 92:19 perfect 85:25 performance 48:11 performed 154:20 perhaps 88:5 period 86:24 173:16,18 177:9 periodicals 147:5 permission 128:21 permitted 20:20 105:13 Persky 8:21 12:4 13:18,22 17:6 person 14:14 45:3 65:15,16 100:18 162:18 173:10,22,24 173:25 personal 21:22 22:1,3 39:13 39:22 44:24 58:24 91:8 145:25 169:23 personally 143:8 150:20 personnel 36:14 79:22 122:22 150:18 persons 175:20 perspective 161:10 164:13 pertain 19:14 175:19,20,22 pertaining 11:18 18:1 30:12 32:4 33:13,19,25 34:22 35:17 35:22 40:17 40:18 42:8 44:24 46:5 49:13 109:20 177:2 pertains 30:23 pertinent 137:18 Peter 99:23 Phil 52:17 Philadelphia 81:5 philosophy 111:22 phone 12:12 20:5,24 photocopying 181:12,14 phrase 172:25 physically 16:9 95:5 Ph.D 1:11 6:17 6:23 9:8 picked 49:5 picture 65:5 piece 48:21,22 49:6,9 pieces 21:25 104:8 Piedmont 8:8 pipe 25:3 76:20 84:1 88:16 piping 105:14 Pittsburgh 8:11 8:22 26:2 70:20 147:2 154:21 158:25 159:1,7,15,17 160:4 Pittsburgh-Cor... 6:22 place 1:16 16:9 61:18 76:5 79:7 80:14 91:18 109:9,9 119:7 121:3 121:22 127:17 128:14 156:17 167:23 placed 70:4 109:2 133:3 145:4 plaintiffs 3:17 3:21 8:2 13:22 44:18 45:12 107:3 137:6,8 144:17 plaintiffs 67:8 plaintiff-specific 39:24,25 44:24 137:10 137:13,17 plant 26:16 79:14 156:6 plants 176:23 176:24 plastic 4:13 30:24 play 78:8 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 198 127:24 173:15 173:20 174:3 players 146:13 plays 173:21 Pleasant 1:16 please 18:13 56:14 plus 42:11 44:10 93:7 pneumoconioses 53:16 pneumoconiosis 56:5 162:5 point 15:25 21:16 41:20 46:23 47:12 48:6 50:5 53:14 56:12 62:23 63:4,6 67:21 69:2 82:21 87:9 95:18 106:22 112:16 121:10 131:14 136:18 138:15 142:12 151:2 153:14 155:8 158:12 176:20 177:15 177:20 pointing 112:25 121:12 poisonous 131:10 political 164:13 pop 14:19 portion 13:23 portions 98:25 pose 119:4 position 14:18 15:3,20 16:18 16:21 47:7 50:4 77:12,24 78:9 83:14 110:11 157:5 166:9 positive 161:18 possession 106:12,19 107:1 possibility 65:11 79:8,9 105:4 possible 123:3 123:19 125:11 125:18 126:3 possibly 86:5 162:3 post-OSHA 109:16 potential 78:17 81:11 pounds 133:3 134:1 powder 92:24 92:25 134:2 power 3:14 28:1 practice 73:19 74:1,8,9 87:15 96:25 99:14 102:19 109:21 118:13 practices 116:23,23 129:15 133:13 135:24 168:16 pre 149:16 precautions 86:6 110:7 precedent 90:21 preceding 73:17 precise 46:8 preclude 105:4 predecessor 52:20 prefer 122:12 132:9 preference 10:7 premature 88:5 88:9 preparation 13:3,23 155:20 prepare 39:2 94:20 123:15 prepared 125:21 151:10 157:6 171:18 presence 56:12 149:14 present 8:20 34:1 46:4 75:24 84:19 86:20 87:9 102:17 116:1 161:13 173:9 presentation 144:3 presentations 138:18 139:7 143:25 144:10 presented 11:1661:10 138:22 140:15 163:25 presenting 46:14 president 56:2 presume 68:14 96:8 100:11 102:9 114:11 133:19 presumption 107:2 pretty 88:3 124:1 142:5 prevailed 48:5 prevalence 87:16,18 prevent 63:19 71:20 86:7 126:12 127:10 127:15 177:11 preventative 61:18 prevented 163:7 prevention 25:15 26:3 28:10 71:4,16 71:16 118:18 127:16 162:6 preventive 71:14 86:23 previous 38:10 66:9 74:24 77:17 137:16 137:17 previously 87:25 159:8 161:23 pre-OHSA 103:2,21 pre-osha 81:19 103:5,6,9 109:15,17 127:25 pre-1970 130:25 pre-1971 112:18 Price 8:17 primary 85:2 126:10 principal 103:14,15 principally 112:10 175:23 principles 85:25 86:1 87:12,19 printed 41:8 96:25 printing 113:20 prior 47:10,17 109:12 111:24 privilege 60:21 probability 105:4 probably 11:4 14:14 17:17 18:1649:2 61:3 96:8 98:13 102:15 110:23 120:20 123:5 138:21 149:20 153:13 154:18,19,22 163:7 177:12 problem 28:16 29:9,11 49:12 56:19,19 59:13 65:9 86:20 87:10 121:13 124:25 125:8,15 129:14,17,17 133:21 153:18 problems 52:18 65:1 118:4 127:25 133:13 133:18 139:2 140:16 144:1 168:8 procedure 1:14 9:18 117:13 procedures 91:4,6 109:8 112:5 proceed 44:5 proceeding 175:2 proceedings 17:12 134:18 142:4 process 4:9,12 4:14 30:18 31:3 37:24 40:6 50:20 73:6,11 84:17 84:22 89:4,18 90:14,16 104:6 105:25 156:24 167:25 178:15 processes 177:17 Proctor 132:17 procured 69:10 produce 109:1 produced 46:18 92:17,20 161:3 167:25 172:8 produces 109:2 172:4 product 3:22 14:3,10 30:7 68:5 77:19,21 77:23 78:2,7 78:11,17 79:5 82:4 92:13 93:2 98:5 100:12,14,20 102:1,23 106:24 114:5 114:6,7 122:19,21 124:9 126:9 128:3 176:24 production 3:22 39:18 135:17 146:16 151:12 products 25:3 30:2 31:25 33:14 77:7,16 77:25 85:14 90:17 102:7 103:3 119:4 119:18 137:24 170:15,22 171:5 174:23 174:24 175:5 176:15 professional 41:23 154:7 professionals 55:22 program 117:10,18,20 119:2 122:9 124:12 125:7 125:10,17 127:11 130:10 135:21 149:11 149:14 programs 80:14 118:7 progressing 119:8 progression 161:12 prohibitively 119:18 project 13:13 108:2 promising 139:15 promoting 58:18 pronounce 55:25 proper 47:22 120:18 properly 77:21 100:13,14 properties 169:5 propose 9:22 proposed 5:20 122:1 protect 61:19 110:7 111:19 111:23 protected 48:3 protecting 47:18 77:18 77:22 protection 82:5 169:24 170:7 177:22 protective 14:15,18 91:8 provide 62:17 79:12 82:5 91:7 100:18 104:14 109:3 118:25 139:12 139:13 178:21 179:5,5,6 provided 18:9 22:25 23:1,4 38:1,2 44:9,18 45:3 46:1 60:17 99:15 101:24 107:3 148:9 150:11 178:19 provider 137:3 provides 150:10 providing 80:24 82:7 proximity 78:21 prudence 83:7 public 1:15 47:9,12 53:6 54:20 57:8 59:1 60:20 63:24 97:19 109:21 152:24 153:20 161:25 publication 54:20 77:5 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 199 141:5,8,10,12 169:18 170:5 publications 58:7,10 60:21 141:17,25 148:2 167:7 publicly 60:12 61:7 publish 73:25 163:11 published 54:13 60:12 60:17 64:2 86:14 95:18 110:9 147:4 155:5 167:18 176:8,11,16 176:17 publisher 162:20 publishes 75:20 publishing 63:23 72:12 164:5 pull 150:7 pulmonary 87:3 ' purchase 133:5 purchased 176:15,23 purchaser 100:19 105:21 105:22 purchasing 133:16 134:1 177:8,9 pure 86:10 98:11 purport 166:5 purpose 10:2 52:17 72:11 132:17 purposes 68:2 pursuant 1:12 9:1,18 put 10:9 13:6 21:8 29:7 37:15,17 38:13 41:24 48:21 49:4,6,9 51:4,12 52:8,9 67:21 76:4 85:15,21 86:13 90:2 91:18 98:6 104:25 106:20 118:7 122:18 124:4 126:25 127:2,8,10 142:12 157:4 171:8 175:12 putting 15:19 46:11,12 61:18 P.C 8:21 p.m 75:13 180:4 _____ Q_____ qualify 137:16 quantify 135:19 quantity 69:10 question 14:16 14:1941:18 45:9,15 46:18 47:5,11 50:6 67:13 71:1 83:25 126:20 127:18 129:20 151:18 156:7 157:20 163:19 163:23 165:9 166:19,25 168:13 170:8 170:12 177:13 177:19 179:3 questions 11:4 11:23 15:17 15:25 46:4,23 59:16 67:20 89:19 107:14 134:25 135:3 157:5,16 158:13,15 171:11 181:7 quite 152:23 160:12 quote 76:6 81:10 85:22 86:2 97:9 99:1 113:21 162:21 162:24 quoting 164:8 R R 5:5,106:14 108:20 181:1 181:2 raises 92:12 raising 14:14 rank 113:12 rashes 93:14 rate 80:13 106:1 174:10 rates 9:5 rather 57:11 84:9 85:2 100:24 157:18 RE 1:3 reached 15:8 56:17 156:11 156:20 157:24 reaching 39:6 45:19,24 65:19 reaction 131:9 131:10 read 10:6 35:12 38:12 46:10 59:19,20 67:25 92:14 98:12,12,15 98:16 106:4 110:22 111:2 112:7 113:7 113:18,19 121:1 123:12 123:17 124:19 126:3 133:11 134:5,8 147:6 147:8,11,24 159:11 164:11 169:18 reader 123:11 reading 13:5,9 52:24 72:6,10 74:3 123:6 124:21 reads 114:17 125:8 133:15 ready 104:23 real 96:22 realize 153:4 really 21:3 35:7 35:9 50:23 54:19,25 74:11 77:25 81:21 83:11 83:24 88:9,25 91:6 92:15 93:2 96:6,21 104:11,17 105:11 106:4 107:13 112:19 115:15 120:8 123:4,7,22 125:6 126:21 131:12,13 134:19 135:11 135:15 154:4 154:9 157:17 158:21 161:9 162:12 166:7 173:21 7:6,8 176:5 reason 77:3 178:16 85:18 110:2 red 147:13,17 122:25 Redmond reasonable 147:2 154:20 60:10 70:22 Redmond/Lloyd 71:1,3,21 155:17 79:12 132:5 reduced 181:7 134:4 reduction 77:8 reasonably Rees 108:20 48:10 refer 136:2 reasons 119:19 152:12 119:20 reference 12:14 recall 12:8,17 20:14 22:22 88:20 90:12 47:1 48:16,18 90:20 110:25 49:24 51:18 137:5 167:16 51:22 52:7,13 167:19 170:2 52:23 53:25 172:22,23 59:17 61:24 175:6,15,22 62:8 66:21,22 receive 13:21 93:20 99:3,23 160:3 100:16 101:17 received 11:11 101:20 102:18 17:1,20 19:9 105:3 108:1 70:3 137:8 113:3 128:20 recent 27:5 138:18 148:6 recently 76:8 164:7,9,11,12 96:9 150:7 164:16,19,22 155:16 164:24 recess 75:12 referenced 17:2 104:3 134:23 17:2,9,25 151:6 44:11 68:7 recipient 123:8 80:21 101:21 recognized 115:17 88:7,10,15 references 97:14 61:23 62:6,7 recollection 107:14,22 12:13 16:10 150:15 165:24 90:8 referencing recommendation 67:8 97:18 referred 51:9 recommended 51:17 69:17 97:17 111:13 71:25 96:10 143:7 referring 15:18 record 17:13 93:11 105:12 21:8 26:24 112:15 125:6 28:6,17 29:17 131:2,24 31:8 36:12 157:22 172:18 39:16 59:14 refers 109:4 75:10 121:23 115:24 125:23 121:24 134:21 142:9 154:13 155:23 reflect 65:12 155:24 160:24 86:25,25 178:9 181:9 130:7 148:2 recordkeeping 178:25 117:13,14 reflected 38:1,5 118:20 45:5 87:24 recross-examin... 101:5 112:22 reflecting 86:17 120:10 reflection 120:12 122:8 153:22 reflects 81:10 120:7 159:14 refractory 33:13 85:5 regard 63:11 158:2 174:22 regarding 161:6,19 171:19 172:9 172:11 173:12 176:18 regular 92:6 regularly 147:24 reiterate 94:1 relate 11:15 146:4 149:25 related 45:19 45:24 46:24 56:20 64:5 77:8 84:15 93:6 94:13 108:3 117:19 134:14 156:5 156:8,14 175:4 relates 10:19 137:6 146:2 156:20 171:8 172:2,3 relating 12:1,5 12:19 13:22 60:13 70:13 116:21 120:2 relation 52:18 94:12 157:10 relations 36:14 relationship 15:1461:16 94:10 98:14 122:23 146:19 146:24 172:25 174:6 relative 181:17 relatively 130:14 release 32:5 126:25 148:5 175:9 released 60:18 78:22 161:9 relevance 2:3 10:21 12:20 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, PhD. 200 35:8,9 39:3 43:1044:19 49:21 76:11 relevant 15:6 17:6 19:24 38:8,18 42:13 45:14 107:17 107:23 133:1 144:15,22 160:4 reliable 154:18 relied 46:12,19 rely 46:16 127:20 1.31:22 132:9 154:16 155:14 156:13 162:23 relying 39:5 119:14 remaining 40:6 remedy 83:15 remember 10:7 42:18 46:3 80:8,12 110:15 136:14 136:16 164:10 164:22 170:5 removable 68:18 removing 114:9 repair 175:21 175:23 repellant 76:8 repetitious 63:3 replaced 76:8 replacements 120:14 reply 30:1 report 6:23 10:20 12:19 12:23,25 13:1 15:18 30:13 31:18 38:20 86:15 111:6 159:1,3,6,19 159:21 160:8 160:20,21 171:19,24 172:8 reported 26:4 reporter 1:15 9:1 10:14 36:18 181:24 reporters 113:8 181:15 reporting 1:23 181:15 reports 153:11 represent 18:10 20:8,14,16 40:16 65:15 126:10 171:17 representation 21:6,13 62:14 representative 63:25 represented 55:21 56:11 representing 10:18 136:11 149:10 150:23 represents 20:10 request 3:21 144:25 requested 43:1 171:23 178:20 required 9:23 102:16 123:5 requirement 109:18 requirements 29:13 research 27:19 52:18 60:8 63:22 64:1,5 77:24 78:1 104:12 142:16 153:24 researched 83:24 84:8,10 reservation 16:5 reserve 15:25 reserved 9:25 resort 91:2 respect 159:18 161:2 163:10 165:16,17 168:10,14 170:13 respected 154:6 respirable 84:14,18,19 respirator 169:22,23,25 170:3 respirators 90:18,21 91:3 91:9,20,23 92:2 respiratory 84:15,20 130:20 177:21 respond 42:6,7 130:13 response 28:18 39:12 40:4 41:18 Responses 3:17 3:21 responsibility 77:14,18 78:3 78:14,16 82:2 responsible 95:9,10,15 responsiveness 9:24 rest 73:17 resulted 126:5 results 156:8 retained 9:2 retention 35:2 36:2 retired 150:21 retrospective 88:21 154:25 revealed 163:13 revealing 27:5 review 33:19,25 65:20 170:9 reviewed 162:11 170:8 reviewing 157:25 reviews 163:14 revised 144:14 richard 1:11 6:16,18,23 9:8 9:12 right 10:12 11:3 18:2,7 22:6 23:3,13 23:14,24 26:17,21 27:2 32:14 35:13 36:17 37:15 41:1642:24 43:4 44:4 45:1 45:9 46:21 47:1048:17 49:18 51:10 51:21,25 53:7 53:9 55:4 59:4 59:25 61:24 64:12 65:25 66:1,5,17,20 66:23,25 67:10 68:6 72:9 73:3,18 73:21 74:23 80:15 81:3,9 81:13,14 82:14 83:12 88:17 89:13 90:11 91:22 92:7 93:20,22 95:4 96:16,24 97:2,5 99:5 100:5 101:5 108:16 113:16 114:14,21,22 115:6,6 116:3 116:10 119:10 119:13,16,25 121:21 122:5 123:25 124:5 124:10 128:5 128:12,13,19 128:23 129:6 130:11 131:3 132:21 135:12 136:14 137:12 139:3 140:21 141:7 142:4 144:4 151:16 152:13,21 158:8,9 160:22 166:8 167:21 176:7 179:18 rights 16:6 right-hand 18:23 52:8 rise 168:11 risk 98:2 126:19,20 127:2,22 154:17 156:3 156:13 173:2 173:3,14 risks 127:12,13 roach 8:3,3 9:16 10:3,13 14:24 16:14 16:16 35:14 43:25 44:1 45:7 67:23 75:8 89:6 90:5 103:25 111:5 111:8 120:25 135:9 137:11 137:21 139:13 139:23 140:7 143:16,20 151:5 160:12 160:20 165:3 178:4,7,20 179:5,6,24 Roach's 17:5 38:3 39:21 41:19 Road 1:17 8:8 Robert 27:20 Rohl 175:18 role 78:7 127:24 128:2 roll 114:10 Roman 120:11 Ronald 3:11 roofs 168:22 Rough 5:22 roughly 57:16 82:20 routine 114:25 rule 10:11 169:7 rules 1:14 9:18 9:20 14:7 run 115:22 running 29:5 Russell 101:2,6 S S 8:1697:19 144:22 150:21 Saccomanno 141:13 safe 67:16 78:5 96:25 102:19 130:14 safely 171:6 safer 127:7,9 safety 27:5 55:10,15,17 55:18,21,22 56:7 57:1 58:6 58:14 60:11 75:16,20 77:5 79:22,25 80:3 85:12 102:12 102:16 112:9 112:12 126:22 149:11,14 150:17,19 same 11:2 12:25 18:5,14 22:16,23 40:12,14,20 40:23 43:16 48:4 50:8 51:14,19,20 71:12 83:18 84:1,6 91:1 97:5 102:12 123:13 140:10 148:16 149:4 149:7 152:12 152:16 174:2 177:16,16,19 177:24,25 178:22 samples 31:10 Samuel 150:5 Saranac 53:10 56:3,5 61:11 save 51:2 saves 127:3 Savinis 12:3 20:12 saw 110:22 147:4 165:25 167:16 sawed 31:10 sawing 33:7 saying 38:15,16 56:14,14 69:4 69:5 101:14 106:17 109:15 138:3 156:7 177:1,14 says 56:20 64:10 68:17 69:21 70:1 85:21,21 95:2 98:17 100:2 115:6 116:5 119:9,17 121:10 122:21 130:9 160:17 scattered 158:13 scheduled 26:15 schedules 70:14 70:14 school 53:6 132:2 science 131:12 Sciences 141:16 scientific 60:21 61:4 165:20 166:15 176:9 176:13,19 scope 77:13 screaming 123:4 se 170:3 seal 181:16 search 155:16 second 3:21 13:25 28:15 28:24 64:17 67:25 72:19 73:7 91:7 106:6 107:11 113:22 114:8 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 201 129:2 134:22 154:12 secret 54:23 secretary 140:8 section 57:20 57:23 73:5,15 75:24 114:9 164:20 sectional 57:15 sections 75:2 sector's 78:1 sedentary 174:12,17 see 10:8 11:15 16:24 19:2 22:12,18 23:5 37:21 38:6,15 42:7,14 48:25 49:4 51:12,18 52:9 56:13 57:4 62:9 65:3 67:4,7 71:12 73:16 77:13 81:6 86:18 87:3,20,23 90:24 94:15 96:5 112:23 116:5 117:2 121:12 122:20 124:21 130:4 130:13 131:19 139:7 141:18 141:18,21 142:14 148:5 157:20 159:6 172:20 seeing 86:22 167:19 seeking 128:21 seemed 112:2 seen 11:10,19 39:3 70:10 80:20 115:14 147:22,24 162:6 163:8 164:9,22 165:7 sees 65:16 selected 138:22 139:6 140:15 141:17 148:6 self-insured 136:25 Selikoff 92:2 sell 103:13 seller 103:10,14 103:15,16,17 send 141:16 143:10 152:19 169:6 senior 27:20 shaped 152:7 133:2 shaping 167:23 Senkow 101:2,6 share 163:1,4,6 sense 14:20 shared 159:22 119:24 sharing 40:2 sent 13:15 17:8 149:15 17:24 40:11 sheet 4:10,15 42:23 43:1 30:18 31:4,4 107:11 137:9 96:25 102:19 sentence 67:24 Sheeting 4:10 97:24 114:8 sheets 33:15 125:6,7 79:5 102:13 separate 18:8 102:16 41:22 61:21 ship 76:9 77:6 September 3:13 99:7 126:13 sequence 40:19 126:23 127:2 sequencing 127:12 38:19 shipboard series 72:19 76:14,17 147:1 154:22 ships 126:12 155:10,18 shipyard 99:10 175:12 shock 113:2 serious 118:4 shop 27:5 seriously 85:13 short 173:16 serpentine shortly 13:15 151:25 152:6 shot 16:24 serve 132:17 show 112:24 145:13 showing 49:14 served 56:1 64:15 75:1 74:25 75:1 shown 163:5 service 97:19 shuffled 73:6 100:8,9,11,17 73:10,12 103:19 152:25 sic 25:16,18 153:20 59:7 services 137:4 side 32:11 65:5 set 11:11 32:11 sides 60:13 65:3 35:13 43:1 sign 10:6 57:6 67:17 signature 178:3 99:14 159:7 178:5 181:16 162:25 163:1 significance 163:3 56:9 61:14 setting 76:11 67:22 89:1 79:10 115:5 156:3 166:19 137:7 170:16 significant 170:22 171:6 103:10,16 settings 79:4 168:7 settle 169:12 Silica 142:16 seven-zero-one... Silicosis 142:16 124:6 similar 16:5 several 17:9 85:14 102:14 42:25 61:23 150:10 97:6 122:17 similarly 139:17 144:12 148:22 144:18 175:11 simply 19:11 severe 47:17 94:1 117:12 117:11 124:15 159:6 shape 92:11 179:21 since 11:5 43:5 95:11 106:19 107:2 single 101:7 sir 44:15 50:2,9 57:14 68:10 71:2 78:12,13 78:15 79:2 89:12 102:20 103:17 105:2 108:8 111:16 123:17 126:8 141:24 142:19 145:24 147:12 159:5 176:17 sit 157:8 sitting 67:25 174:12 situation 83:11 114:13,15 119:22 126:24 130:4 163:10 situations 86:4 98:11,11 six 152:2 size 79:19 104:20 116:16 135:10,16 169:5 skin 93:5,11,13 skip 74:23 89:6 skipped 29:21 89:5 skipping 84:9 134:25 slightly 160:8 slipped 117:4 133:9 144:11 slots 142:25 143:3 slut 164:25 165:2 smaller 98:1 smoke 126:12 smoking 157:9 157:13 sold 99:11,16 103:23 sole 151:11 some 10:10 11:17,23 17:4 17:4 38:17 40:4 46:2,4,23 52:25 54:12 61:10 74:16 76:8 78:20 81:22 82:21 85:3,6,18 86:4 87:1 88:6 92:12 93:7,9 93:17 95:12 100:6 107:14 109:19 111:18 111:23 112:13 112:19 113:7 116:20 117:7 120:18 129:7 129:17 131:7 134:25 136:13 138:18 144:11 147:4,25 148:5,6 149:25 150:4 154:23 159:9 161:23 163:8 166:16,24 167:1 169:4 169:11,23 170:19 somehow 133:10 someone 14:21 46:9 58:13 70:22 77:12 101:7 153:6 something 35:8 43:13 63:5 70:9 84:25 91:21 93:7 105:10 106:8 107:13,20 110:19,22 113:1 115:12 115:15 118:19 118:20 126:1 155:19 169:20 sometime 111:2 137:7 sometimes 79:20,22 117:12 161:8 somewhat 47:20 55:20 somewhere 114:4 117:7 139:22 soon 54:19 116:11 125:10 125:17 sorry 22:20 27:11 31:14 48:20 50:23 72:2 90:9 108:12 110:16 125:5 159:20 sort 64:13 113:18 116:8 131:1 145:21 154:11 sought 91:25 source 45:3 82:22 169:1 sources 45:6 South 81:5 82:1 Southern 72:20 73:8,18 110:25 space 13:8 speak 154:4 speakers 75:24 speaks 64:23,24 74:11 124:1 specific 62:7 76:11 specifically 18:1 44:13 46:24 58:3 76:12,21 85:3 106:24 136:7 138:1 155:21 169:25 170:7 172:20 175:4 175:17 specification 4:9,12,14 30:18 31:3 68:5,17 89:4 89:18 90:15 90:17 104:6 109:4,5 specifications 93:3 104:12 104:13,14 specified 105:18 176:14 176:23 177:1 spectacular 28:1 speech 141:19 speed 67:12 Speicher 6:12 60:3 spins 124:3 spoke 172:24 sponsored 61:11 sponsoring 60:19 63:22 stack 17:15,17 18:8 22:7 29:5 37:651:15 55:7 59:23 66:2 69:15 stacks 55:8 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 202 staff 80:23 stages 175:15 stamp 69:20,25 128:18 stand 154:21 standard 36:15 118:6 125:23 143:7 standards 27:10 108:21 146:16 standing 15:4 standpoint 47:9 stands 86:2 stapled 29:10 41:9 stapler 26:22 star 1:3 20:15 20:17 107:18 116:1 135:5 135:20 136:5 136:8,22: 137:25 138:4 146:15 start 13:7 115:22 124:24 155:12,17 167:5 started 50:13 149:10 starting 138:21 159:16 state 3:18 11:15 16:8 42:9 53:22,23 70:25 80:13 81:21,21,22 81:24 82:3 99:12,13 119:1 136:3,5 148:3 170:21 171:2 172:12 stated 65:23 72:4 82:18 97:12 110:11 130:1 181:6 statement 57:9 63:12 83:5 84:11 88:7 97:9,21 110:24 111:3 111:21 115:4 125:15 130:12 130:13,16 stateroom 126:13,14 states 80:4 81:22,25 95:23 99:19 103:3,10,20 103:22 106:15 112:20 144:19 145:22 146:17 147:7,21 150:3 stay 70:12,16 71:3 133:12 staying 70:24 steam 68:19 Stedman's 131:25 132:2 132:5,12 steel 1:3 4:10 20:15,17 76:11 79:11 104:7,20 107:18 115:10 116:1 135:6 135:18 136:8 136:22 137:25 138:4 142:3 144:19,22 146:2,6,9,15 146:15,17,23 148:20,22 149:15 154:14 154:15,24 155:15 156:6 156:12 157:4 167:23,24 168:3,8,15,15 169:1,10 170:16,23 171:7,9 176:14,22 177:21 steelmaking 57:24 145:21 146:10,13 147:6 148:16 154:17 168:20 steelworkers 136:15,15,17 146:25 147:22 147:23 149:3 149:10,13,22 155:3 157:9 Steel's 135:20 136:5 step 65:24 91:14 132:19 steps 61:18 140:22 sticker 13:7 81:7 still 79:7 87:23 116:7 136:15 139:4 152:25 153:2,10 154:21 stipulations 9:20 stop 21:18 stopped 177:8 story 28:1 Stover 162:20 164:8 Strasburger 8:17 strategies 71:5 Strauss 99:24 100:7 Street 8:18 stress 168:7 strong 47:16 149:14 structured 168:21 struggle 120:17 stuck 22:20 studies 56:3,5 60:18 61:11 61:14,15,15 109:9 145:25 147:2,3 154:15,15,19 154:19,23 155:1,15 157:3,8 163:14 study 53:16 67:18 85:1,2,7 86:17 87:14 88:1,20,21,24 89:1 97:20 145:20 155:3 156:4,4,8,11 156:13 157:1 157:14,18 stuff 93:14 152:12 subject 72:13 72:15 77:1 124:20 175:1 subjects 73:25 subscribed 147:24 subsequent 84:10 substance 9:25 109:14,23,24 131:13 substances 47:21 83:17 141:2 substandard 116:24 substitute 83:22 84:18 84:25 91:7,14 91:15 124:12 125:8,21 127:7,9 133:7 174:23 substituted 170:22 substitutes 85:4 120:18 124:20 substitution 82:11,16 83:2 83:7,12,17 119:5,15,23 127:15 170:18 175:3,4 sudden 122:20 suddenly 14:19 suggesting 60:9 98:9 101:4 suggests 170:15 suitable 68:20 120:13 Suite 1:24 8:9 8:17 summaries 165:17,22,23 166:3,10,13 167:3,16 summarize 165:20 166:6 167:8 summarized 166:14 167:6 167:10 summary 3:24 4:22 11:7 29:18 34:11 94:17 95:2 100:2,3 superior 61:7 supplement 116:12 supplemental 3:21 28:25 support 58:24 78:20 103:8 164:20 supporting 60:5 suppose 55:12 138:2 supposed 48:25 65:15 160:9 suppress 162:9 suppression 64:5 sure 45:15 46:7 46:18 50:19 55:25 63:3 66:23 68:3 73:5 76:2,6 80:7 88:8 89:4 96:21 105:11 130:11 132:21 136:13 139:14 142:5 145:16 151:5 159:11 167:12 179:24 surprise 105:25 surprised 159:23 surveillance 87:8 133:21 133:22 134:14 Survey 6:20 151:10 surveys 62:5 suspect 61:16 170:11 suspended 168:25 169:8 switch 126:2 133:6 167:21 swoop 157:20 sworn 9:9 45:11 65:15 sympathetic 162:23 system 117:7 118:18 133:9 T T 181:1,1 tab 76:4 table 30:7 57:17 85:19 take 16:23 42:15 43:17 46:22 65:20 65:22 68:1 75:4,7 85:20 86:6,9 103:25 110:6 118:10 133:8 151:1 166:24 172:5 174:15 taken 1:12 9:14 9:17 59:6 75:12 96:5 181:6 takes 51:23 156:17 167:23 taking 16:9 109:9 talk 26:15 43:17 52:12 56:3 61:13 96:18 106:13 113:22 116:15 117:8 126:20 155:25 162:16 162:17 170:4 170:7,18 talked 21:7 56:6,12 129:12 160:1 163:14 talking 25:22 27:4,10,25 28:10 31:9,24 32:16,21 33:1 33:6,14 34:6 35:2 36:2,14 93:14 96:3 108:10,21,21 108:23,25 114:1,20 130:1 133:20 146:2 165:3,5 talks 24:21 33:20 61:25 68:12 96:16 108:22 tall 17:16 target 118:3 task 48:11 tear 114:25 115:3 techniques 47:22 telephone 8:20 34:12 tell 13:4 38:4 55:15 56:15 67:10 101:4 119:10 125:18 139:10 141:9 141:10 145:17 150:14,25 167:11 170:17 177:7 tells 50:13 119:3 temperatures 68:20 temporary 70:7 ten 87:7 tend 87:3 118:3 tens 79:17 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 203 tense 116:20 term 85:9 112:1 158:2 171:5 terminology 152:16 terms 45:2,3,10 74:14 78:7 105:12 114:18 115:8,16 117:21 131:15 149:2 152:18 testified 9:9 77:17 testifying 15:15 15:23 testimonial 45:22 testimony 45:10,11,11 45:13 46:9,15 65:2,3,4,4,11 65:12,18,20 66:3 67:20 70:10 77:17 101:8,11 142:8 155:20 texas 1:4,14 8:4 8:18 9:15,18 9:20 14:7 16:11,15,24 70:20 138:8 145:8 text 98:20 118:24 170:3 textbook 169:19 170:6 170:17 textbooks 111:15 132:3 132:16 169:14 169:16 170:13 170:20,21 texts 170:19 Thank 171:13 178:2 Thanks 22:5 their 2:3 10:21 12:20 36:15 43:12 56:12 58:6,10,21,21 60:10,24 61:15,18,19 63:8,13,18,19 71:5,5,13,14 71:21 73:24 75:20 77:21 77:22 78:3,14 78:17 80:24 82:8 86:23 87:24 88:18 88:24 94:13 95:19 100:10 100:19 101:15 101:25 104:20 106:21 112:4 118:3,7 120:11 126:2 132:4 133:13 135:23 137:3 144:18 146:16 153:13 162:23 174:9 themselves 110:7 111:23 166:4 then-existing 129:14 theories 74:7 theory 153:16 thereto 181:16 thermal 4:10 30:19 176:15 Thermobestos 32:5 thing 13:4 40:20 41:17 50:21 58:17 58:22 63:16 63:20 64:2 65:9 71:12,22 72:24 73:22 73:23 76:3 83:18 89:3 102:12 113:2 118:8 123:1 128:6 133:4 136:2 142:21 145:21 146:6 147:9 164:10 165:20 166:2 169:6 179:8 things 39:17 44:16,17 46:25 54:23 78:9 111:14 123:21 131:15 132:14 133:24 140:11 147:4 158:19 159:20 165:18 think 11:10,19 12:11,17 14:13 15:9,24 16:17 17:16 18:1626:19 28:7 32:10,11 37:18 38:16 40:1,8 43:9,22 46:1 47:12,16 49:2 58:1 59:12 63:13 64:22 66:19 66:20 70:10 71:11 73:1 74:10,20 76:15 77:18 78:20 79:1,15 79:20 80:10 82:24 85:11 86:2 87:11 88:2,23 89:1 89:17 90:16 91:11 94:12 94:25 95:4 98:4 99:20,24 100:21 102:14 106:7,20 110:13,19 111:8,20 112:6,18,24 113:6,21 115:20,21 116:6,25 117:1,24 118:5,14 119:3,16 120:10,20 121:7,13,20 122:22 123:11 125:20 126:19 127:23 128:2 128:11,11,14 130:9,19,22 132:16 135:1 137:9 138:23 138:24 142:17 142:20 143:8 143:16,19,20 144:20 148:4 149:7 151:3 153:8 154:22 157:17 158:4 158:5,10,21 159:11,14,19 159:22 161:7 162:1,10 163:23,25 165:7,23,24 166:16,18,19 170:2,4,6 171:10 175:24 176:1 179:20 thinking 139:21 175:17 third 121:9,11 Thomas 170:3 though 41:10 51:1,2 82:6 97:6 111:9 thought 48:21 89:9,10 94:24 111:10 140:5 147:14 153:9 154:4 176:2 thoughts 154:8 thousand 17:9 thousands 79:17 three 18:10 27:12 91:11 100:6 106:15 116:6 123:19 123:19,19 141:25 142:1 174:2 179:13 179:15 threshold 48:10 109:11 110:1 110:4 138:9 through 4:19 11:21 23:16 31:20 37:23 37:24 38:5 40:6 42:4 43:22 50:20 51:15,22 54:20 58:1 59:25 60:16 60:21 61:9 62:25 71:15 74:10,23 76:3 80:2,18,21 84:9 92:1 104:7 112:10 117:4 132:2 133:9 138:17 144:11 146:14 146:22 157:23 158:19,21 166:24 167:9 167:13 168:22 176:4 178:15 178:20 179:17 throughout 103:1 135:24 177:9 thumb 169:7 tierney 8:21 13:25 14:8,17 15:9 16:17 19:6,17 20:6,6 20:8,13,16 21:5,17 22:5 43:24 145:1 145:10,12,18 time 14:1 17:1 29:10 41:20 41:23 48:6,13 50:5,8 51:2 53:14 56:12 61:10 62:23 63:6 67:21 69:2 75:7,9 79:6 82:20,21 83:8,10 84:10 85:8 87:9 88:10 94:13 98:22 102:15 102:17 106:22 109:22 111:9 111:12 117:6 123:15 129:16 130:8 133:5 135:13 136:18 138:15 142:12 146:18 148:15 148:17 149:4 150:15 153:1 153:1,14,16 154:1 156:23 161:13 162:16 166:24 173:10 173:16,18 174:5,20 177:9 timeline 12:2 13:14 17:10 17:25 18:4,6 23:1,20 25:13 44:6,12,20 46:13,22,25 52:16 64:24 67:15,22 106:21 107:23 115:17 144:15 144:23 148:5 148:7,8 151:12 157:22 162:12,14 171:18,24 172:8 179:1 timelines 41:3 144:14 timely 161:9,25 163:6 times 120:11 142:1 timetable 10:24 11:8,11,14,16 11:17,19,22 12:20 17:3 38:1,6,9,10,13 38:19,21,25 39:4 40:16 41:4 55:13 104:5 timetables 2:3 10:21 39:9 title 13:5,9 18:22 TLV 95:19 today 12:6,24 44:9 46:14,20 68:1 153:23 154:9 155:20 157:6,8 158:25 165:19 171:12 together 28:7 29:8 35:15 41:24 46:11 46:13 52:6 115:22 127:20 142:11,12 173:20 174:3 175:13 token 123:13 told 111:4,13 163:5 tool 71:15 162:9 tools 33:14 top 48:21 49:15 52:25 89:12 89:24 149:24 168:22 175:15 topics 158:17 167:21 torn 113:24 115:12 TORT 1:4 total 117:9 118:17 totally 130:18 tough 113:18 tour 27:5 towards 161:10 toxic 1:4 110:6 131:4,5,8,8,9 131:13 141:2 173:1,3 toxicology 132:4 toxin 130:20 131:2,10,16 track 133:17,17 trade 88:16 145:23 147:23 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 204 150:2,2 Trades 150:22 training 79:25 80:1,2,14 transactions 55:9 75:17,20 77:6 transcript 98:17,21,24 99:2 181:9,13 transcripts 45:23,23 46:15 Transite 25:2 115:24 transmittal 19:20,22 transpired 14:21 treated 81:19 106:18 treatment 53:16 tremolite 106:16 trial 10:1 16:1 45:23 67:19 137:6 trick 168:13 tried 144:10 true 48:4,13 63:15 64:24 70:19 84:1 101:15 103:7 181:9 truth 65:12,13 65:13,15 try 45:16 51:5 65:21 72:5 83:19 107:11 trying 20:21 29:7 46:8 55:8 56:18 57:11 64:22 85:14 104:17 108:11 116:7,13 119:8 127:9 147:18 153:7 157:7 162:10 TSCA 3:24 29:19 turbine 4:10,18 31:19 68:19 83:22 99:4,6 99:16,20 104:9 114:19 114:24 115:9 115:16 138:4 138:5 turbines 99:10 99:11 105:14 turn 21:21 145:3 turned 106:6 turning 19:17 19:24 151:2 Tuttle 6:11 twice 32:10 twin 153:4 two 19:11 23:8 27:21 41:22 42:20 44:18 45:6,12 52:6 65:1 67:11 96:18 113:24 118:17 127:13 140:22 142:25 143:3 150:21 153:15 159:7 two-page 82:19 159:3 160:8 type 68:25 69:3 99:6 112:21 113:3,10 115:11 122:3 146:6 147:9 147:17 152:1 169:6 types 56:7 76:9 77:25 106:15 typewriting 181:8 U U 97:19 144:22 150:21 Uh-huh 94:12 107:16 137:21 ultimate 79:6 83:7,15 105:5 127:22 ultimately 11:4 15:8 50:20 54:19 63:23 71:17 76:13 105:17 107:8 unavailable 148:16 unclear 96:2 under 14:6 46:25 57:17 66:21 67:5 101:16 102:16 105:9 106:14 107:6 109:18 112:21 131:4 140:15 141:17 181:8,14 underlying 156:24 underneath 73:3,4 understaffed 118:2 understand 9:13 10:20 15:2 22:15 25:12 38:14 40:11 45:15 47:11 50:6 68:2,3 99:6 108:19 147:20 151:11 156:7 157:6 understandable 144:12 understanding 57:14,22 61:20 62:10 62:13,21 75:19 95:25 114:23 115:1 136:10 154:5 understood 44:17 union 136:8,19 146:25 149:13 unions 136:10 136:12,14 149:3,10,22 150:10,19,23 Union's 147:22 United 80:4 95:23 99:18 103:3,10,20 103:22 112:20 144:19 145:22 146:17,24 147:7,21 150:3 units 128:25 universities 53:15 62:15 62:16 University 53:12,14 154:21 unless 14:9 67:19 181:13 unreasonable 63:5 unreasonably 50:12 63:10 until 9:25 15:25 42:6 47:2 85:21 130:14 145:4 updated 140:12 142:1 upper 18:23 52:8 upset 113:4 upsetting 112:3 urgent 125:9,16 USA 28:2 usage 31:25 use 11:3 13:8 14:20 25:23 27:6 39:3 47:7 47:13,25 68:16 71:4,11 71:20 76:7 78:17,18,23 81:12,16 83:2 90:16,18,21 91:20 92:6 95:17 101:21 101:25 114:18 119:18 126:1 128:24 132:13 132:15 133:12 142:13 152:1 152:3 154:25 161:15 163:15 165:17 171:5 172:25 176:19 176:23,23 used 10:1 33:14 47:21 68:15 68:23,25 69:3 69:11 76:9 93:10 99:7 100:14 109:14 114:5,6,7 115:25 119:6 131:1 132:2 134:15 162:1 169:21 170:20 171:6 user 77:10,14 77:19,24 78:2 78:2,8,11,21 83:6,15 100:12 114:16 users 77:22 uses 164:19 using 48:9 82:4 123:3 125:21 128:3 133:18 usual 9:5 10:11 usually 10:8 19:11 82:3 USX 107:14,23 108:2 144:19 146:17,20 utility 126:18 127:22 utilize 71:8 utilized 76:16 V valid 16:14 156:13 validity 156:25 value 48:10 109:11 110:1 110:5 138:9 valves 68:19 vance 8:16 171:16 Vandiver 162:19 165:3 vantage 155:8 varieties 92:17 variety 132:16 various 75:2 157:16 175:14 ventilation 87:21 109:3 versus 109:15 very 15:20 16:22 46:4 47:16,17 54:13 56:4 57:8 71:21 77:2 82:24 86:2 87:22 89:12,24 106:4 111:21 113:20 118:1 123:2 126:17 126:20 127:12 155:25 159:24 167:4 171:21 via 8:20 viable 154:2 view 38:24 47:12 78:19 161:4,14,16 161:21 viewpoint 162:24 vinyl 146:4 violation 117:6 117:8 118:20 120:22 122:3 violations 116:15,21 117:2,3,4,11 117:12,12,19 118:11,16,17 118:19 122:8 122:12 visited 135:7 vis-a-vis 15:14 vitae 6:16 41:5 volume 112:8 W Wagner 142:19 Wagoner 141:13 wait 40:24 42:6 waive 178:7,8 Walsh-Healey 109:19 want 10:6 16:1221:18 40:15 42:6 45:11 50:18 63:3 76:2 104:15 110:10 125:6 134:5,6 134:24 139:8 141:23 143:14 145:9 152:21 156:1 157:4 166:21 167:13 170:9,10,11 176:7 178:4,7 wanted 77:1 104:10,25 128:6 160:16 171:11 wants 105:10 War 47:3 86:16 warn 78:16 warning 24:16 102:23 103:21 123:16 warnings 79:7 79:12 87:2 102:8 Warren 54:12 warts 93:12 wasn't 82:3 111:6 112:24 128:1 watch 134:6 water 76:7 water-repellant 76:19,23 way 10:10 22:22 38:6 44:6 54:4 56:18 63:4 72:5 74:13 81:18 87:11 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 205 87:17,18 92:1 98:12 105:15 110:8 114:17 123:17 146:22 147:19 162:3 167:15 168:21 Wayne 3:11 5:22 27:18 ways 127:6,14 weathersby 7:2 7:8 8:7,8 9:11 9:17 10:4,9,17 13:12 14:6,13 15:2,19 16:16 16:21,25 17:14 19:2 20:4,7,13,18 21:12 22:6,12 23:14,24 24:7 24:12,17,23 25:4,9,14,17 25:24 26:5,11 26:17,22 27:2 27:13,22 28:3 28:16,20 29:1 29:4,20,24 30:9,15,20,25 31:5,11,21 32:1,7,14,23 33:3,8,12,22 34:3,8,14,19 34:24 35:4,10 35:19,24 36:4 36:9,16,17,23 37:3,9,14 41:14 42:3 44:3,5 59:15 75:9,15 89:8 90:7 104:2,4 111:16 121:1 121:25 134:21 134:24 137:12 137:20,22,23 139:21,24 140:4,13,14 143:23 145:8 145:14,19 147:20 150:25 151:9 154:14 155:23,25 158:11,18 166:21 176:1 176:3 178:3 178:12,17 179:8,12,16 179:22 180:2 web 143:17,19 143:21 Webster's 131:18 WEC 4:6 weeks 42:20 43:6 46:2 weigh 101:12 127:5 weighing 65:18 65:24 126:19 156:25 weight 169:6 welcome 42:13 well 10:9 11:10 14:8,17 15:7,9 16:7,11,14,17 18:17 20:9,11 21:5,17 23:15 23:17 38:8 39:1,8,19 41:6 41:6 42:5 49:9 49:11 55:10 55:17 56:21 58:2 61:8,23 62:20 63:13 67:8 72:24,24 73:2 74:6 77:17 81:21 84:11 85:3,11 86:2 89:8 90:25 91:5 93:9 95:10,17 96:2 98:1 100:11,21 101:23 102:8 102:14 106:9 108:22 109:18 110:13 113:6 117:24 119:3 122:7,17 123:10 125:20 127:23 128:9 129:16 130:1 130:18 131:7 131:18 132:1 133:2,15 135:7 139:6 146:17 148:4 148:18 149:24 152:23,24 155:15 159:11 162:10 163:12 163:25 165:10 167:4 169:15 169:25 170:2 170:11 173:9 173:15 174:7 175:11 177:4 well-developed 128:1 Welsons 108:20 went 49:5 102:1 118:16 154:11 178:15 179:17 were 16:25 18:3 18:11 19:14 23:1,4 37:25 38:2 39:6 42:23,25 44:16,17,17 46:4 50:7 53:20 56:10 56:11,21,22 57:12 60:3,6,7 61:11,1462:8 62:16,19,22 62:23 63:9,23 68:15,23 69:4 69:8,10,10 74:7,19 79:5 80:16 83:11 86:3,4,11,22 87:21 88:3,5 88:19 92:17 93:10 94:8,12 95:23 99:10 101:24 102:3 102:6,11,14 102:15 103:14 103:15,16,17 108:12 110:1 110:2 111:4 111:13 112:19 113:14 116:24 117:2,3,12,16 118:16,17 125:24 126:1 129:8,21,23 130:4 135:13 136:12,24 142:11 149:3 150:1,6 151:25 153:9 153:16 154:19 155:2,9 159:19,21,21 161:24,25 162:1 166:10 166:14,16,16 167:3,6,7,12 167:12 178:18 178:23 179:17 179:20,21 181:7 weren't 123:5 125:25 Westinghouse 2:4 3:17,20,24 4:5 8:6 10:19 10:21 11:12 11:25 12:1,20 13:23 17:1,22 18:1 19:19,25 23:19 24:11 25:22 26:9 27:20 28:24 29:18,19 30:1 30:2,8,13 34:6 36:21 39:7 40:17,18 44:14,19,22 45:14,19,25 46:3,10,24 48:15 49:22 50:3,11 51:22 52:15,21 54:4 54:8 56:1,10 56:17 58:7,13 59:5,7 60:6,11 60:25 61:2,6 61:21,25 64:4 64:10,20 66:5 66:11 69:13 69:21,22 70:1 70:23 71:24 72:12,14 74:13 80:24 81:16 82:6,16 85:24 86:8,9 94:2,7,23 95:11,12 96:1 96:3,13,14,25 99:11,16 100:8,16,18 101:3,7,24 104:5 105:13 105:14,17 106:11,12,20 106:24 107:1 107:5,9,24 112:16 114:6 114:15 115:18 116:17,18,19 116:20,24 119:11 120:3 120:13 124:20 129:24 133:1 133:11 134:10 137:24 138:3 144:14 148:14 148:19,23 158:2 162:15 Westinghouse's 28:18 53:25 54:18 63:6 69:19 119:1 widely 54:13 Westinghouse-... 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LEMEN, Ph.D. 206 77:23 87:24 92:6 102:2 111:22 113:5 119:21 127:1 127:4 129:8 129:13 136:21 137:3 150:24 156:12 working 11:12 15:14 20:11 87:21 109:22 111:4,14 112:22 142:11 153:21 168:2 175:20,23 workplace 71:21 78:2,5,8 79:7 81:19 87:20 91:18 91:21 109:8 134:25 135:5 135:7,8 works 2:15 20:12 24:6,8 25:16,18,19 37:2 81:4 107:15,15 108:2 worksheets 37:8 World 47:3 86:16 worthwhile 117:22 wouldn't 38:24 50:10 58:12 58:25 69:9 71:7 86:19 105:18,25 115:4,10 123:5,9,22 124:11 127:11 133:25 137:2 138:4 Wright 5:3 write 51:11 67:1 139:10 writer 123:8 125:19 writers 113:8 writes 165:12 writing 49:10 written 45:18 67:4,15 72:17 112:10 147:6 147:8,11,13 162:2,2 163:13 164:13 175:11 1-12-76 121:1 wrong 22:20 1-26-76 120:21 56:14 58:13 120:23 71:7 72:20 1-800 143:14 76:5 106:6 10 2:3,7,19,22 121:2,14,16 3:10 4:5 6:6 121:20 128:11 6:14,24 7:2 wrote 64:23 17:16 24:24 110:19 142:10 24:25 10:12 1:18 X 1030 8:22 X 2:1 173:25 11 2:9,21,21 4:16,19 5:6 Y 25:4,5 31:13 Y 174:1 89:24 yeah 14:17 11th 89:15,15 22:20 23:8,17 11:59 75:13 35:16 89:11 1127 73:14 89:17,23 90:9 1128 73:9,14 94:19 95:15 1129 73:14 98:19 108:15 74:16 111:8 121:20 1130 73:14 132:7 138:24 1170 2:7 18:15 139:24 140:24 22:8 145:12 164:9 12 2:22 3:5 6:16 179:2 25:9,10 139:1 year 75:20 89:7 12:55 75:13 95:18 13 2:3,24 3:15 years 58:2 25:17,20 77:13 81:25 132:20 138:21 87:7 92:1 138:25 112:10 118:1 14 2:163:2 5:11 123:19 138:19 6:19 7:5 25:24 146:14 150:21 25:25 177:16,24 15 2:23 3:3 4:2 yesterday 4:21 5:18 26:6 17:19 22:25 26:7 150:23 40:12 15th 1:17 yet-to-be-deter... 151 2:5 6:20 37:19 18:14,21 York 141:15 15219 8:22 1558 30:1 Z 158 7:3 Z 108:20 16 3:4,5,9,15 zone 173:9,22 4:7,16 7:2,8 _____ i_ 26:11,12 160 6:22 $95 122:3 1600 1:24 17 3:6 5:12 1 26:17,25 27:3 1 1:1 2:34:12 171 7:5 4:19 6:18 13:6 176 7:6 13:8,10,12 1775 1:16 17:2 18:4 178 6:24 7:8 31:1941:2 18 2:5 3:8 27:7 44:7,12 91:14 27:8 52:1 119:12 125:22 1888 47:1 138:23 148:9 19 2:13,18 3:9 5:2,14 6:8,15 27:13,16 1902 170:3 1908 48:14,20 49:13,23 50:14 1930 130:21 177:1 1930s 55:16 111:17 130:19 1932 51:24 52:7 52:8 1934 55:9 57:1 59:4 1936 52:21 59:5 59:6 60:4 61:5 61:24 64:9 66:11 162:16 162:21 1937 66:15 1938 66:5,21 69:2,8 97:20 1939 71:23 110:17 1940 96:4 1940s 79:18 80:8 95:14 96:1 110:12 131:6 1941 72:21 1943 74:22 75:16 1946 30:19 81:4 82:20 89:10 89:11,18 95:20,21,22 97:19 1950 83:21 96:11 1950s 79:18 1953 2:15 96:24 97:7,11,13 102:19,22 1954 4:16 31:10 31:13 1957 3:13 1958 138:10,11 1960 84:5,10 111:25 1960s 177:5 1962 104:4 1970 2:1824:18 108:6 109:12 109:15 113:14 113:15 150:17 153:24 1971 4:8 30:14 1972 4:23 47:10 47:17 1973 2:17,21,23 2:24 3:4,15 4:21 5:3,8,11 26:4 113:16 1974 5:6 1975 3:12 1976 2:13,20 3:10 4:2 6:15 27:10,11 120:9,16 125:22 141:16 1977 144:3 1978 129:10,21 129:23 1979 4:19 132:20 133:4 133:25 1980 3:7 6:9 26:14 1981 2:11 3:5 23:7 26:10 1984 3:2,8 4:4 27:4 30:3 52:1 1985 143:6 1987 5:14 1988 5:20,22,24 6:4,5 1992 29:19 36:8 59:6 1998 13:20 1999 1:17 6:19 6:23 13:20 181:20 2 2 2:5,15 3:20 4:8,20 18:23 18:25 19:5,7,8 22:17 23:1 119:11 125:24 20 2:24 3:11 5:3 5:19 6:2 27:22 27:23 108:10 2016 26:9 205 8:4 21 3:12,13 4:9 28:3,4 22 2:7,10 3:15 3:16,23 4:17 5:22 7:3 28:12 28:13 120:25 128:10 142:17 225 8:9 23 2:9,103:11 3:16 5:13 28:21,22 23rd 13:15 2325 25:23 24 2:12,14,16 2:18,19 3:20 5:4 6:10 29:1 29:2 57:16 25 2:5,19,21,22 2:24 3:2,2,6 3:23 5:21 6:3 6:9,22 29:20 29:21,22 49:14 250 1:24 26 2:20 3:3,5,6 3:7,8 4:2,2 29:14,15 26th 125:12 181:20 26299 128:7 27 3:8,9,11 4:3 4:19 30:4,5 28 3:13,15,16 4:5 30:9,10 29 3:20,23 4:2,7 6:4 30:15,16 3 3 2:7 22:9,10 23:2 3-10-76 119:2 3/1/88 6:5 30 4:3,5,7,9,9 4:23 30:20,21 49:14 118:1 30s 53:1 54:14 55:19 86:14 161:13 170:6 30305 8:9 30318 1:24 30603 8:14 31 4:12,12,14 4:16,17 30:25 31:1 32 4:14,20,22 5:2,4 31:5,6 32nd 75:16 33 4:16 5:7,9,12 5:13 31:11,16 34 4:17 5:15,16 5:18,19,21 31:21,22 56:1 3405 8:8 35 4:20 5:23 6:2 6:3 32:1,2 56:2 133:3 134:1 351-4577 1:25 36 4:22 6:5,6,8 6:10 32:7,8 WHEELER REPORTING COMPANY (404) 351-4577 IN RE: LONE STAR STEEL MILL TOXIC TORT 07/15/99 - RICHARD A. LEMEN, Ph.D. 207 52:22 37 5:2 6:12,14 23:13 32:18 32:19 38 5:4 32:23,24 3898 71:24 3899 71:24 39 5:7 33:3,4 110:18,19 4 4 2:9,12 3:13 5:7,15 6:12 23:10,11 37:23 38:4 4th 162:21 4-23-99 13:14 4-9 140:4 40 5:9 33:8,9 40s 48:8 54:14 77:13 86:15 94:3,7 110:15 111:25 167:24 404 1:25 41 5:12 6:16 33:16,17 42 5:13 6:18 33:22,23 43 5:15 34:3,4 4300 8:17 44 5:16 34:8,9 440 8:13 45 5:18 34:14 34:15 45-minute 34:12 46 5:19 34:19 34:20 110:19 47 5:21 34:24 34:25 48 5:23 35:4,5 49 6:2 35:19,20 5 5 2:10,17,21 4:3 5:23 6:5 7:6 23:21,22 48:9 88:14 97:15 138:14 157:23 5:07 180:4 50 6:3 35:24,25 95:12 96:1,3,4 96:8 50s 48:8 77:14 111:25 167:24 177:3 51 6:5 36:4,5 52 6:6 36:9,10 53 6:8 36:16,19 54 6:10 36:23 36:24 55 6:12 37:3,4 56 6:14 37:9,10 37:23 38:5 57 6:1641:11 41:12,15 43:25 44:3 158:4 58 6:18 41:21 41:25 42:1 157:23 58's 158:8 59 6:20 151:7 151:15 6 6 2:12,18 4:14 24:2,4,18 55:13 113:15 162:13 6th 108:7 6-9 140:5 60 6:22 160:23 160:25 60s 77:14 167:24 61 6:24 178:10 178:13 63 4:6 66:14 65 66:14 67 112:10 6715 66:22 67:1 67:3,11 68:4 6716 69:14 6745 89:4,18 90:10 6771 48:16 49:19,20 51:9 51:11 69 112:10 6981 81:7 85:17 6983 89:13 92:8 6984 97:1 6990 108:12,18 108:19 113:15 6993 113:16 6998 121:6 122:15,16 125:3 6999 115:24 7 7 2:11,14,24 3:3 3:5 6:20 24:7 24:9 70s 85:16 130:15 149:13 159:17 167:24 7009 120:21,24 121:6,7,25 7010 124:6,19 7016 120:1,7 7023 129:7 7137 51:18 7188 66:7 7398 72:1,4,6 110:18,20 7399 72:1,5 73:18 110:20 7418 116:3 7457 118:22 119:9 7459 96:11 7468 104:5 105:3 75 116:3 752 2:7 75202 8:18 753 2:5 18:21 75638 8:4 76TH 1:5 79 31:20 8 8 2:16 3:8 4:22 5:8,24 6:5 24:13,14 8a 3:24 80s 153:13 81 23:13 832 8:13 84 52:22 850 68:20 69:1 9 9 2:14,18 3:2 4:4 5:9,16 6:23 24:18,19 901 8:18 92 96:6 99 13:15 137:7 WHEELER REPORTING COMPANY (404) 351-4577