Document ggz42mz7nnDLyNr9ZGyMk8EL

1 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS 2 C.A. # 89-30201-F 3 4 ALICE L, WARREN, ADMINISTRATRIX 5 OF THE ESTATE OF JOHN H. WARREN, DECEASED 6 VS* 7 THE DOW CHEMICAL COMPANY, ET AL a 9 DEPOSITION OF; LAWRENCE GORMALLY, taken before 10 Joanne Coyle, Certified Shorthand Reporter, Notary Public pursuant to the Federal Rules of 11 ClvJtl Procedure, at the offices of Robinson Donovan Madden St Barry, 1500 Main street, 12 Springfield, Massachusetts, on February 25, 1991, commencing at 10:00 a.m. 13 14 APPEARANCES: 15 (PLEASE SEE PAGE 2} 16 17 Joanne Coyle Certified Shorthand Reporter 18 19 PHILBIN & ASSOCIATES Certified Shorthand Reporters 20 Certificate of Proficiency Certificate of Merit 21 22 95 State Street Springfield, MA 01103 23 Tel (413) 733-4078 P.0. Box 402 Pittsfield, MA 02102 Tel (413) 499-2231 COMPUTERIZED TRANSCRIPTION RSV0023091 PHILBIN St ASSOCIATES 1 APPEARANCES: 2 ROBINSON DONOVAN MADDEN & BARRY, 1600 Main Street, Springfield, Massachusetts, representing the 3 Plaintiff. BYi JAMES H. TOURTELOTTE, ESQUIRE 4 NUTTER, McCLENNAN d PISH, One International Place, 5 Boston, Massachusetts 02210, representing the Defendants Dow Chemical, Union Carbide, and 6 Oonico, BY: SHARON R. BURGER, ESQUIRE and 7 SUSAN L, PARSONS, ESQUIRE 8 MORRISON, MAHONEY & MIDLER, 260 Summer Street, Boston, Massachusetts 02210, representing the 9 Defendant B. F. Goodrich. BY: JOSEPH R. RENDINI, ESQUIRE 10 MELICK & PORTER, One Joy Street, Boston, 11 Massachusetts 02108, representing the Defendant Monsanto. 12 BY: ROBERT P. POWERS, ESQUIRE 13 #/* * * * 14 15 16 17 18 19 20 21 22 23 RSV0023092 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 3 L_l 1 I NDEX 2 WITNESSES! DIRECT CROSS REDIRECT RECROSS 3 Lawrence Gormally 6 4 5 EXHIBITS: 6 DESCRIPTION PAGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i----\ 23 RSV0023093 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 4 X stipulations 2 3 It Is agreed by and between the parties that 4 all objections except objections as to the form of 5 the question are reserved to be raised at the tim 6 of trial for the first time. 7 8 It is further agreed by and between the 9 parties that all motions to strike unresponsive 10 answers are also reserved to be raised at the time 11 of trial for the first time^ 12 13 It is further agreed that the deponent will 14 read and sign the, deposition and that the filing of 15 the said deposition will be waived. 16 17 It is further agreed by and between the 18 parties that notification to all parties of the 19 receipt of the original deposition transcript is 20 also hereby waived. 21 22 * * * * * 23 RSV0023094 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES " , 6 1 LAWRENCE GORMALLY* Deponent, having been 2 first duly sworn, deposes and says as follows: 3 MR. TOURTELOTTE: Mr. Gormally has 4 indicated to me he would wish to read and sign, 6 this is a discovery depoaltion. I Imagine the 6 lawyers would want to make objections but since it 7 is not a trial deposition, the objections will be a preserved for later and the later ruling and the 9 witness will be asked to answer over them. Any 10 other stipulations? / 11 MS. BURGER: I am not quite sure I 12 followed. My understanding is what we will do is 13 object to the form of the question only and all 14 other objections and motions are preserved until the 16 time of trial. 16 MR. TOURTELOTTE: That is right. 17 MR. RENDINI: I have no objection to 18 that procedure. 19 MR. POWERS: No objection. 20 At At *c # 21 22 23 RSV0023095 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 6 i 2 DIRECT EXAMINATION BY MR, TOURTELOTTE 3 Q. Hay we have your name, sir? 4 A. Lawrence S. GormaHy. 5 Q, And your address, please? 6 A. 122 Newton Road, Springfield. 7 Q. Mr. Gormally, could you give us your ag as 8 well, please? 9 A. Seventy-two. 10 Q. By whom were you last employed, sir7 11 A. Monsanto. 12 Q. I don't mean self-employment, I know you 13 have done some things after that. 14 A. I am also employed currently by Hampden 15 County. 16 Q. What do you do for Hampden county? 17 A. I am a volunteer coordinator at the Hampden 18 County jail and I work two days a week. 19 Q. When did you retire from Monsanto? 20 A. January of 1982. 21 Q. What was your job when you retired? 22 A. I was superintendent of Material and 23 Handling and Purchasing. RSV0023096 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES i Q How long had you held that job? 2 A. That particular ;Job X had held since '79. 3 Q. Before you held that ;Job> what was your 4 employment? 5 A* I was In purchasing at Monsanto, 6 negotiating contracts and X was a contract 7 superintendent from 1969 to '79. 8 Q, When were you first employed at Monsanto? 9 A. 1936. 10 Q. When did you first begin working 4n 11 purchasing? 12 A. *51 -- '60; X am sorry, '60. 13 Q, Between, say, 1940 1942 and 1950, what 14 did you do? 16 A, I was in the o.s. Army for almost four 16 years, two years in the south Pacific. I was an 17 infantry medic. 18 Q. After you left the Army and went back to 19 Monsanto, what did you do? 20 A. I was in Receiving when I went back to 21 Monsanto after World War II -- until *50. 22 Q. You did not know a man by the name of John 23 Warren personally, did you? RSV0023097 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 8 1 A, Ho. 2 Q. Did you over hear of John Warden before I 3 talked, to yon? 4 A. 1 don't think so; no. 5 Q. While you were employed by Monsanto In 6 Purchasing, did you ever come across a substance 7 known a vinyl chloride monomer? 8 A. Yes. 9 Q. What is your understanding of what that 10 substance is? 11 A, Vinyl chloride monomer is a raw material 12 which was used in the manufacture of vinyl products. 13 Q. Was that vinyl chloride monomer used at 14 Monsanto? 15 A. Yes. 16 Q. Was it used during the year when you 17 worked in Purchasing? 18 A. Yes* 19 Q. In what state ie that material delivered or 20 was it delivered to Monsanto? 21 A. I think it is In a gas form. It comes in 22 in the tankers. 23 Q. Do you know whether Monsanto made any of RSV0023098 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES '>; 9 1 that substance for Its own use? 2 A. Yes. 3 Q. Where did It make the substance? 4 A, Texas City, Texas, 5 Q. Is that the only place, as far as you know, where Monsanto made it? 7 A. To the best of my knowledge; yes. 8 Q. Where was the plant at which you worked? 9 A. I worked In four different Monsanto 10 locations. 11 Q. Can you tell us what those four locations 12 were? 13 A. I worked at the Springfield plant in 14 Springfield, Mass.; Cincinnati, Ohio; Trenton, 15 Michigan; and the Bircham Bend plant at Springfield, 15 Mass. -- separate plant. 17 Q. What years did you work at the Springfield 18 plant? 19 A. Well, 1 worked in the Springfield plant 20 from '36 to '41; the latter part of 1945 to '61 -21 or 150; Cincinnati, Ohio from '51 to *55; and 22 Trenton, Michigan, I think it was part of *57, 23 '58 -- about a year to a year and a half; back to RSV0023099 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 10 1 the Springfield plant and then I was transferred to 2 Bircham Bend, July of *69. 3 Q. While you were working In the Springfield 4 plant, what was your specific joh? What did you do S as a person involved in purchasing and contract 6 work? 7 MR. RENDINI: Objection, 8 MS. BURGER: Can 1 object a moment. I 9 am having a hard time hearing the end of Mr. 10 Tourtelotte<s questions because 1 gather you are 11 anticipating what the end will be, If you wouldn't 1 2 mind, at least it would help me out, probably the 13 court reporter too, if we get the whole question 14 before you start answering, I would very much 15 appreciate it. 16 THE WITNESS: Sure. 17 MS. BURGER: Thanks. 18 THE WITNESS: Would you repeat the 19 question? 20 Q. (BY MR. TOURTELOTTE) Considering the period 21 of time you worked in the Springfield plant and 22 while you were working as a Purchasing Department or 23 Purchasing Division employee, what was the specific RSV0023100 COMPUTERIZED TRANSCRIPTION FHILBIN a ASSOCIATES 11 1 activity that you did in Purchasing? What was your 2 Job? 3 MR. RENDINI: Objection. 4 THE WITNESS; When I first went Into 5 purchasing, I was what they called a junior buyer. 6 I started out buying office supplies, different 7 supplies that we used in the plant. Within a few 3 years, I was promoted to senior buyer. I was In 9 charge of raw material procurement. 10 Let me -- I am sorry, let me just 11 backtrack. I was buying supplies until I was 12 transferred to Cincinnati, Ohio. 13 MR. RENDINI: Excuse me? 14 MR. TOURTELOTTE: He was buying IS supplies until he was transferred to Cincinnati. 16 Okay. 17 THE WITNESS: And in Cincinnati, I was 18 purchasing superintendent and traffic manager until 19 late *56 when I went back to Springfield. Then I 20 got involved in procurement of new plant 21 construction. 22 In *57, we were building the new plant in 23 Trenton, Michigan and I was part of a four-man team RSV0023101 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 12 1 that was sent to Trentoh to build a plant. My 2 function was procurement and worked on the site for 3 about a year to a year and a half, came back to 4 Springfield in *67 or 1 58 and stayed in that for 5 some period of time -- a few years -- and then I was e promoted to assistant purchasing agent and I was put 7 in charge of procurement of raw materials and 8 packaging. 9 Q, (BY ME. TOURTELOTTE) When were you put in 10 charge of procurement of raw materials, 11 approximately? 12 A, ' 58 , X think. 13 Q. Before 1959, did you have any familiarity 14 with the method of obtaining raw materials used by 15 the Monsanto Company plant in Springfield? 16 MS. BURGER: Objection. 17 MR. RENDINI: Objection. 18 THE WITNESS: No. 19 Q. (BY MR. TOURTELOTTE) Now after 1959 when 20 you became -- did you say purchasing agent? 21 A. Assistant purchasing agent at that time. 22 Q. What did you learn in regard to procurement 23 of raw materials? RSV0023102 COMPUTERIZED TRANSCRIPTION PHILBIN S ASSOCIATES 13 1 M$. BURGER: Objection. 2 MR. RERDINX: Objection. 3 THE WITNESS: what did I learn? 4 Q. (BY MR. TOURTBLOTTE) Let me rephrase it. 5 It is an awful question. How were you Initiated 6 into this process of buying raw materials? was 7 there a training program? 8 A. Yes; I was trained by a man who had be n in 9 that function. 10 Q. What was the function that you served? 11 What were you doing? 12 A. Well, one of the -- you would Interview 13 salesmen from particular companies who were selling 14 raw materials. You would talk to plant personnel 15 about the requirements. You talked to research 15 people about quality problems, control people about 17 quality problems. You would review raw materials 18 specifications. 19 There was just a series of duties. You had 20 your regular plant meetings with plant personnel, 21 department personnel, 22 Q, When raw materials were purchased, were 23 they purchased pursuant to a contract? RSV0023103 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 14 1 MS . BURGER; Objection * . a MR. RENDINIi Objection. 3 Q * (BY MR. TOURTELOTTE) You may answer. 4 A. Normally. 5 Q. Do you know how - let me ask you this. 6 first. I think you already gave the answer but I 7 will make sure. 8 Vinyl chloride monomer was considered to be 9 a raw product, is that right? 10 A. A raw material. 11 Q. Do you know how that was purchased? 12 A. That was purchased in our St. Louis office 13 by our raw material group in St. Louis, 14 Q. Do you know who was responsible for that 18 group? 16 , A. Yes; R. H. Burnett -- B-U-R-N-E-T-T. 17 Q. Did you know when that was? 18 A. I would guess from the time we started 19 buying the product until we completed it. T never 20 had -- from the time we started until we completed 21 using the product. 22 Q. 23 be? Do you know what period of years that would RSV0023104 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 15 1 A. No. 2 Q. Was vinyl chloride monomer being purchased 3 when you became assistant purchasing agent? 4 A. Yes. 5 MR. RENDINIi Objection. 6 Q. (BY MR. TOURTEIiOTTE) Was Mr. Burnett 7 responsible for its purchase at that time? 8 A. Yes. 9 Q. Was it still being purchased when you 10 left -- well, let's back up a little bit. 11 How long did you continue in a purchasing 12 function in the Springfield plant? Until what 13 year? 14 A. Until 1969. 15 Q. During that period from '59 to *69, was 16 vinyl chloride monomer still being purchased through 17 the contracting group in St. Louis? 18 MR. RENDINI: Objection. 19 THE WITNESS: Yes. 20 Q. (BY MR. TOURTELOTTE) After 1969, where did 21 you go? 22 A. To Bircham Bend. 23 Q. And you stayed there until you retired? RSV0023105 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 16 1 A - Yes. 2 Q. Were you In any way associated with the 3 purchase of raw materials at Blrcham Bend? 4 A. Yes, 5 Q. Was vinyl chloride monomer among those !raw 6 materials? 7 A. No. 8 Q. In addition to Mr, Burnett, do you know of 9 any other persons who worked In the contracting to group In St. Louis? 11 MS. BURGER: Objection. 12 MR. RENDINI: Objection. 13 MS. BURGER: Was your question 14 finished? 15 MR. TQURTELOTTE: Yes. 16 MS. BURGER; I stick with the 17 objection but I wanted to make sure you were 18 finished, 19 Q. (BY MR. TOURTELOTTE) Do you know any other 20 Individuals who were working with Mr, Burnett? 21 MS. BURGER; Objection. 22 MR. RENDINI; Objection. 23 THE WITNESS: There were several RSV0023106 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 17 1 people that worked with him over the years and I 2 knew all of them. 3 Q. (BY MR. TOURTEBOTTB) Who worked as part of 4 Mr. Burnett's group in contracting for raw 5 materials? 6 MR. RENDINI; objection. 7 MS. BURGER: Objection. 8 THE WITNESS: There was a Mr. 9 Neunebel; there was a Parsons; there was a Mr. -10 there were a series of men, I just don't rememb r 11 all of their names. 12 Q. {BY MR. TOURTELOTTE) Do you know the names 13 of any specific Individuals or any individuals who 14 were specifically involved with the purchase of 15 vinyl chloride monomer? 16 A. I think that was handled by Mr. Burnett. 17 Q. Himself? 16 A. Yes. 19 Q. What was his -20 A. (Interposing) I am not sure if he delegated 21 it. 22 Q. What was his title, Mr. Gormally? 23 A, I think it was Director of Raw Material COMPUTERIZED TRANSCRIPTION RSV0023107 PHILBIN a ASSOCIATES 18 1 Purchases, I believe. 2 Q, Do you know whether* Mr. Burnett Is still 3 employed by Monsanto? 4 A. He has retired. 5 Q. Do you know how long ago he retired? 6 A. No. 7 Q. Do you know where he last worked for 8 Monsanto? 9 A. St. Louis. 10 Q. In regard to the records involving -- that 11 were Involved with purchases of raw materials, do 12 you know whether any records were made, first off? 13 A. Oh, yes, 14 Q, Do you know where those records were kept? 15 A. St. Louis. 16 Q, Were any -17 A. (Interposing) You are talking specifically 18 of VCM? 19 Q. Yes. 20 A. Yes; St. Louis. 21 Q. Were any records at all generated In 22 Monsanto7 23 MS. BURGER: Objection, RSV0023108 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 19 1 MR, RBNDIN1: Objection. z THE WITNESS! You mean Monsanto, 3 Springfield? 4 Q. (BY MR. TOURTEL0TTE) Yes; Monsanto 5 Springfield. 6 A. What w would do, we would generate a 7 purchase order In the Springfield plant. The 3 purchase order would list the product and the raw 9 material spec number. 10 That was generated for the purpose of, in 11 turn, generating receiving reports, 12 Q. Bet's go to the beginning of that process. 13 Were you familiar with the process for obtaining 14 vinyl chloride monomer In the Springfield plant? 15 A. I think I have already answered that 16 question. Because the contract was handled in St. 17 Louis, I wasn't familiar with the details; no. 16 Q. Can you tell us what was done in 19 Springfield in regard to obtaining and receiving 20 vinyl chloride monomer? 21 MR. REND INI: Objection. 22 MS. BURGER ; Objection. 23 THE WITNESS: We would generate a COMPUTERIZED TRANSCRIPTION RSV0023109 PHILBIN & ASSOCIATES 20 1 purchase order to, in turn., be able to produce 2 receiving reports* We would get information from 3 St. Louis -- I am just trying to think of how this 4 happened. 5 For any raw material that was purchased e from any specific vendor, we would issue a purchase order to cover the receipt of the material in the a plant. 9 Q. (BY MR. T0URTEL0TTE) What was your job in 10 regard to receiving those kinds of materials -- that n is VCM? 12 MS, BURGER: Objection. 13 MR. RENDINI: Objection. 14 THE WITNESS: My job would be to have 15 someone in my department generate the purchase order 16 and whatever file -- file whatever documentation 17 that we might get from St. Louis pertaining to a 16 specific contract. 19 There were a number of contracts for many 20 products that they would generate and they would 21 advise us of the products that they were buying. We 22 pretty well had a knowledge of what they handled as 23 opposed to what we handled locally. COMPUTERIZED TRANSCRIPTION RSV0023110 PHILBIN & ASSOCIATES 21 i Q, (BY MR, TOURTEtOTTE) How would you know 2 when to generate a purchase order? 3 MR. RENDINI: Objection. 4 MS. BURGER: Objection. 5 THE WITNESS: We would get 6 requisitions from people within the plant, for 7 example the using department would send us a 8 purchase requisition and that, in turn, would enable 9 us to generate a purchase order. 10 Q. {BY MR. TOURTELOTTE) When you received a 11 requisition from someone else in the plant asking 12 for VCM, what would you do? 13 MS, BURGER: Objection. 14 MR, RENDINI; Objection. 15 THE WITNESS: We would generate a 16 purchase order, 17 Q. (BY MR. TOURTELOTTE) What does that 18 involve? What would you do to generate it? 19 MR. RENDINI: Objection. 20 MS. BURGER: Objection. 21 THE WITNESS: It would be typed on an 22 eight-and-a-half by eleven piece of paper and copies 23 would go to various departments, including the RSV0023111 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 22 1 receiving department. 2 Q, (BY MR. TOURTEBOTTE) What would the. form -- 3 is it a fora? 4 A. Yes; purchase order. 5 Q, What would the fora say? What specific 6 items of information would it cover? MS. BURGER: Objection. 3 MR. RENDINI: Objection. 9 THE WITNESS; It would have a purchase 10 order number. It would have the name of the vendor, 11 it would have the name of the raw material, the name 12 of the person requisitioning it, raw material 13 specification number and accounting codes. 14 Q, (BY MR. TOURTEBOTTE) That would go to 15 several different places within the plant? 16 A. Yes. 17 Q. Where would it go? 18 A, It would go to receiving; a copy would go 19 to T fit M. 20 Q. T & M is what, sir? 21 A. Transportation & Materials Department. I 22 think a copy would go to the using department and I 23 believe -- that is it. RSV0023112 COMPUTERIZED TRANSCRIPTION PHIDBIN & ASSOCIATES 23 1 Q. So it would be three? 2 A. Yes. 3 Q. And the using department -- what do you 4 mean by that? 5 A. The department that would use the raw 6 material to convert to the finished product. 7 Q. Would you retain a copy? 3 A. We would retain a copy of the purchase 9 order. 10 Q. Once you had generated that order which was 11 copied around the plant, where would the actual 12 direction to deliver the material, itself, foe 13 routed? 14 A. It would be on the purchase order. 15 Q. The purchase order goes to St, Louis, have 16 I got that right? 17 MS. BURGER: Objection. 18 MR. RENDINI: Objection. 19 THE WITNESS: No; I don't think so. 20 Q. (BY MR. TOURTELOTTE) Where would It go? 21 A. It would go in the Springfield plant to the 22 various departments. 23 Q. What I guess I am having a problem with COMPUTERIZED TRANSCRIPTION RSV0023113 FHILBIff & ASSOCIATES 24 1 A. {interposing) It would go to the vendor. 2 Q, It would go to the vendor? 3 A. Yes. 4 MS. BURGER: I was looking for a 5 question before we got a response. 6 I will object because there was no question 7 before the witness. 8 MR. RENDINI: Objection. 9 Q. (BY MR. T0URTEL0TTE) Mr. Gormally, once you 10 had actually generated the purchase order, where1' 11 would you send it as far as outside of the plant is 12 concerned? 13 A. Okay; w would send it to a vendor. That 14 would be the only copy that would go outside the 15 plant. 18 Q. So it would not go back to St, Louis? 17 A. No. 18 Q. How would you know whether there was a 19 contract in force for a particular product? 20 MS. BURGER; Objection. 21 MR. RENDINI: Objection. 22 Q. (BY MR. TOURTELOTTE) Or raw material, I 23 should say? RSV0023114 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 25 1 MS, BURGER: Objection. 2 MR. RENDINI: Objection. 3 THE WITNESS: Some of the contracts I 4 negotiated, myself. Contracts that were negotiated 5 by a raw material procurement group in St. Loui , 6 they would send us notification of the contract. 7 Q. Do you recall receiving notifications of 8 contracts for VCM? 9 A. No. 10 MR. RENDINI: Objection. 11 Q. (BY MR. TOURTELOTTE) Can you tell me why 12 you don't recall those? 13 MS. BURGER: Objection. 14 MR. RENDINI: Objection. 15 THE WITNESS: I don't think we 16 received copies of the contracts generated or 17 negotiated by our corporate office. 18 Q. (BY MR. TOURTELOTTE) How would you know 19 whether a particular vendor was under contract to 20 Monsanto to deliver the thing that you were 21 purchasing? 22 MS. BURGER: Objection. 23 MR. RENDINI: Objection. RSV0023115 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 26 1 THE WITNESS: They would send us an 2 abstract. 3 Q * (BY MR. TOURTELOTTE) Who would send you the 4 abstract? 5 MR. RENDINI: Objection. 6 MS. BURGERs Objection. 7 THE WITNESS: Our corporate Raw 3 Material Purchasing Department. 9 Q. (BY MR. TOURTELOTTE) That is the department 10 that Mr, Burnett ran in St. Louis? 11 A. Yes. 12 Q. When you said they would send you an 13 abstract, does that mean they sent the Purchasing 14 Department an abstract? 15 A. Yes -- you mean the Springfield 16 Purchasing? 17 Q. Yes, 18 A. Yes. 19 Q. Did anyone else in Springfield receive a 20 copy of that abstract? 21 A. No. 22 Q. You kept those on file in Purchasing? 23 A. Yes . RSV0023116 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 27 1 Q. Once the order was generated -- that Is the 2 purchase order that you previously referred to -3 and It was sent out to the vendor with copies around 4 the plant as you have suggested, what would happen 5 next? 6 ms. burgeri objection. 7 MR. RKNDINI: Objection. 8 THE WITNESS: The material would start 9 coming In at a specific time and that would be it. 10 Q. (BY MR. TOURTEDOTTE) Who, In Springfield 11 in addition to yourself, was responsible for that 12 chain of events that you described, in Purchasing? 13 MS. BURGER: Objection. 14 MR. RENDINI; Objection. 15 THE WITNESS; I had, at different 16 times, different supervisors who supervised me, who 17 were in charge of that department. 16 Q. (BY MR. TOURTELOTTE) Were there also people 19 who worked for you? 20 A. Yes. 21 Q. Who was supervising that department when 22 you left it in 1969? 23 A. Charles Smith. RSV0023117 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 23 1 Q. How long had he been supervising? 2 A. He had been supervising it for, i think 3 about five years. 4 Q. Before Mr. Smith? 5 A. Mr. John Duncan. 6 Q. How long had he been supervisor? 7 A. About ten years. 8 Q. Who worked -- I assume that those people 9 were your direct superiors? 10 A. Yes. 11 Q. Were there people who worked directly under 12 you? 13 A, Yes. 14 Q. Who was your first assistant in 1969? 15 A. At what plant? 16 Q. In Springfield atMonsanto? 17 A. I was not in charge -- I had -- I am trying 18 to think. I had a Walter Fleming working for me; a 19 Mr. Isold. I had several secretaries at various 20 times who worked for me. Did you want all of the 21 names? 22 Q. No; but I would like the names of any 23 individuals who still work at Monsanto and who RSV0023118 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 29 1 worked for you or along side of you for one of the 2 supervisors during the period that you were Involved 3 In? 4 A. Jerry Nolet. 5 Q. What was Mr. Nolet*e job? 3 MS * BURGERt Objection. 7 MR. RENDINI: Objection. 8 THE WITNESS: He was a chemical buyer, 9 Q. (BY MR. TOURTELOTTE} What does a chemical 10 buyer do1? 11 A. Procureschemicals. 12 Q. When you say procures chemicals, what does 13 that mean? 14 A. Buys them -- he would do some contract 16 negotiation under my supervision. He would have -16 he would perform the same functions as the regular 17 buyer. 1 8 Q. You Indicated that there were records 19 routed around the plant of these purchases of vinyl 20 chloride monomer but in addition to the ones routed 2 1 around the plant, your own department kept its own 2 2 copy, is that right? 23 MS. BURGER: Objection. COMPUTERIZED TRANSCRIPTION RSV0023119 PHILBIN & ASSOCIATES 30 1 MR. RENDINI: Objection. 2 THE WITNESS? Correct. 3 Q. {BY MR. TOURTELOTTE) In what form did you 4 keep that record, Mr. Gormally? 5 A. It was kept in a -6 MR, RRNDINI; (Interposing) 7 Objection. 8 THE WITNESS; It was kept in a manila 9 folder, somewhat similar to this. Yon would keep 10 your purchase order in there. 11 You might keep any pertinent documents 12 relating to It. There might be some correspondence 13 and so forth might be in there. 14 Q, (BY MR. TOURTELOTTE) Would each purchase 15 order have its own manila folder? 16 A, Yes. 17 Q. Do you know what the retention program was 18 for those manila folders at the time you were 19 employed there? 20 A. We had -- at Monsanto we had a record 21 retention program which was put into effect years 22 before I retired. I am not sure when. 23 In the record retention program. It COMPUTERIZED TRANSCRIPTION RSV0023120 PHILBIN & ASSOCIATES 31 1 stipulated how long you would keep certain 2 documents,. You would keep contracts X number of 3 years; you would keep purchase orders X number of 4 years; you would keep correspondence X number Of 5 years. We would abide by the record retention 6 program to determine when to pitch material/ how 7 long to save It. 8 Q. Did you know what the parameters were for 9 retaining material? 10 A. I remember correspondence was one year plus 11 the current year, as X recall. 12 Contracts I think were five years, but X am 13 not positive. 14 Q. Do you recall what the retention policy was 15 for purchase order folders such as those you 16 described a minute ago? 17 A. No. 18 Q. Once you --what was the limit of your 19 responsibility in regard to seeing that the material 20 which was subject to the purchase order was received 21 by Monsanto? 2 2 MR. RENDINI: Objection. 23 MS. BURGER: Objection. COMPUTERIZED TRANSCRIPTION RSV0023121 PHILBIN & ASSOCIATES 32 1 THE WITNESS: I had responsibi11ty for 2 that product until it was consumed in the plant, I 3 believe. 4 Q. {BY MR. TOURTELOTTE) Until it was consumed? 5 A. Yes. 6 Q. Does that mean -7 A. (Interposing) Used. Actually -- let me 8 take that back. 9 Once it got into storage and was accepted, 1C - my responsibility ended. 11 Q. So you were responsible until -12 A. (Interposing) When it was accepted in the 13 plant and unloaded, then my responsibility would 14 end. 15 Although if there were problems later on 16 and they felt that there might have been a quality 17 problem, then the plant people would notify me so I 18 really never lost responsibility for the product if 19 there were later problems. 20 Q. Do you know how vinyl chloride monomer was 21 received? 2 2 MR. RENDINI: Objection. 23 MS. BURGER: Objection. RSV0Q23122 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 33 . 1 THE WITNESS*. It was received in tank 2 oare, 3 Q. {BY MR. TQURTELOTTE) Tank care? 4 A. Yes. 5 Q. Who received it? 6 A. Our T & M Department -- Transportation & 7 Materials. 8 MR, RENDINI: Objection. 9 Q. (BY MR. TOURTELOTTE) During the years that / 10 you were involved with this, which I understand was 11 the ordering and receipt of vinyl chloride monomer, 12 which I understand was '59 through '69? 13 MS. BURGER: Objection. 14 MR. RENDINI: Objection. 15 Q, (BY MR, TQURTELOTTE) Is that right? 16 MS. BURGER: Objection. 17 THE WITNESS: Yes; Okay, 18 Q, (BY MR. TOURTELOTTE) Let me put it -19 A. (Interposing) For the raw material 20 function. 21 Q. Have I got the years right? 22 A. I think so. 23 MS. BURGER: Objection. COMPUTERIZED TRANSCRIPTION RSV0023123 PHILBIN a ASSOCIATES 34 l Q, (BY MR. TOURTELOTTE) During those years,, 2 who was the person in Transportation S Materials who 3 received the product -- the raw material? 4 MR. RENDINI: Objection. 5 THE WITNESS: It may have been Mr. 6 Tierney. He was for some period of time but I am 7 not sure what number of years. He was in charge of 8 our tank farm and he was in charge of the unloading 9 function. 10 Q. X BY MR. TOURTELOTTE) Were you familiar with 11 how the tank cars arrived In Springfield, 12 Massachusetts? 13 A. Yes. 14 Q. How did they arrive? 15 A. Well, they came Into West Springfield first 16 and then the Railroad would make up a train of the 17 cars that were coming to our plant. Somebody In the 18 Railroad in West Springfield would notify our 19 Traffic Department that X number of care would be 20 coming into our plant that afternoon. The Railroad 21 had a switching crew and they would bring the cars 22 out to Indian Orchard and then switch them into our 23 plant. RSV0023124 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 35 1 Q, Did you have any -- were you in any way 2 related to that process? Did you do anything 3 concerning that? 4 A, No. 6 Q. Did you receive any documents that were 6 generated as a result of that -- the arrival of 7 those tank cars? 8 A. X think sometimes we would get -- for 9 example tank cars, I think we would get copies of 10 the bills of lading from the vendor and then the 11 Railroad, itself, would give our T & M people a 12 delivery receipt. 13 Q. You mentioned a minute ago that you were 14 responsible for the quality of the material? 15 A. I was responsible -16 MR. RENDINI: (Interposing) Objection. 17 THE WITNESS: I was responsible for 18 buying raw materials against a specification which 19 outlined a quality that we needed. 20 Q. (BY MR. TOURTELOTTE) Where did you get the 21 specification? 22 A. From our control laboratory. 23 Q. Was that in Springfield or someplace else? COMPUTERIZED TRANSCRIPTION RSV0023125 PHILBIN 5 ASSOCIATES 36 1 A. In Springfield. 2 Q. Was there -- did the specification precede 3 your receiving the material? 4 A. Yes; when we knew we were going to be using 5 a certain product, we would meet with the control 6 lab people and review the specification with them 7 and then buy against it. 8 We would send a copy of the raw material 9 specification to the vendor and anybody else who 10 needed one. ( 11 Q, Do you know whether there were such 12 specifications for vinyl chloride monomer? 13 MR, RENDINI: Objection. 14 THE WITNESS: Yes; there were. 15 Q. (BY MR. TODRTELOTTE) Did you see those 16 specifications? 17 A. Yes , I did, 18 Q. Did you send those specifications out to 19 the various vendors? 20 A. I don't recall who we sent them to. We 21 would send it to, obviously, our Texas City plant 22 and products procured by our corporate office in St. 23 Louis, we would give them copies of our raw RSV0023126 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 37 1 materials specifications so they, in turn, would z know what specification# were needed. 3 Q. As to vinyl chloride monomer, where was the 4 specification sent? 3 MS, BURGER; Objection. 6 MR. RENDINIs Objection. 7 THE WITNESS: I know our Texas City 8 plant specifically. 9 If we were getting material from other f 10 vendors, we would send the copies to our raw 11 material department in St. Louis and they would 12 distribute them to any other vendors. 13 Q, (BY MR. TOORTELOTTE) Once the material was 14 received at Monsanto in Springfield, did you have 15 any further relationship to it in regard to whether 16 it met the specification or did not meet the 17 specification? 18 A. Our control lab would tell us if the 19 product did not meet a specification. We would get 20 notification -- for example. If a tank car came In 21 and it was supposed to have a color of 5 in the APAH 22 scale and the product was, say, 10, control lab 23 would call us and tell us that this car came in, it RSV0023127 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 33 1 did not meet out specification and we could not 2 accept it. Then we would take it from there. 3 Q. Did you ever receive any information from 4 the control lab in regard to its testing samples of 5 vinyl chloride monomer? 6 A. i am sure that we did. 7 Q. You don't remember specifically at thi 8 time? 9 A. No. 10 Q. Are you familiar or were you familiar with 11 a process called "swapping" or "swaps"? 1 2 A. Yes. 13 Q. Can you tell us what that was? 14 A. Well, swaps in the chemical industry -- X 15 am speaking in general in the chemical industry -16 people who manufactured this product arranged to 17 supply it to the customers of other manufacturers 13 under whatever contract arrangements that were made 19 between those two firms, 20 Q. Do you know whether that process -- that 21 swap process -- Involved the supplying of vinyl 22 chloride monomer? 23 A. I think that it did, but again I was not RSV0023128 COMPUTERIZED TRANSCRIPTION PHILBIN A ASSOCIATES 39 1 involved in it so in all honesty, after all of th se 2 years, I think that we did swap with other companie 3 but I am not absolutely positive. 4 MR. RENDINI: Hove to strike. 5 Q. (BY MR. T0URTEL0TTE) You said because you 6 were not involved in it, is that right? 7 A. Yes. 8 Q. Who would have been involved in that? 9 A . The Raw Material Procurement Group at St. 10 Louis, 11 Q. Do you know what the process -- now not 12 restricting you to vinyl Ghloride monomer but just 13 generally for other kinds of materials -- do you 14 know what the process was for arranging a swap? 15 A, No; probably generally, the two companies 16 would meet and go over conditions or go over -- for 17 example, go over quality would probably be one of 18 the most critical items that they would cover 19 because if that particular company didn't have a 20 product that met a specification, you wouldn't do 2 1 business with them. 22 That would be one of the major criterias -23 and I think plant locations would be another COMPUTERIZED TRANSCRIPTION RSV0023129 PHILBIN & ASSOCIATES 40 1 criteria. 2 Q, You were talking about the control lab a 3 minute ago. 4 Do you know who was responsible for or 5 directed or ran the control lab? 6 MS, BURGER: Objection. 7 Q. (BY MR. TOURTELOTTE) During the years that 8 We are talking about, *59 to '69? 9 MR. RENDXNI; Objection. 10 THE WITNESS: There were several ' ,, 11 people who were in charge of the control lab. I 1 2 think the last one that I recall was a Mr, Laakso. 13 There was also a Mr. William Bilckens. There was a 14 Mr, William Hamilton. 15 I believe those three men over a period of 16 years were, at times times, in charge of the control 17 lab. 18 Q. (BY MR. T0URTEL0TTE) HOW closely if you 19 know -- let me ask you this: Do you know what the 20 control lab's responsibility was for checking on 21 materials that were received? 22 A. Just in general. They were responsible for 23 getting the sample and the T & M Department as a RSV0023130 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 41 1 rule* X believe, took the samples, maybe possibly 2 control lab people also took samples. I am not sure 3 of that. But in any event, they had the 4 responsibility for obtaining a sample of the raw 5 material and testing it against known 6 specifications. 7 Q, Do you know with what frequency they would 8 or in what quantities would require them to take a 9 sample? 10 MS . BURGER: Objection. 11 MR . RENDINI: Objection. 1 2 THE WITNESS: I think that probably If 13 it was a powder. probably half a pound or a pound. 14 If it was a liquid, a pint or a quart. 16 Again, it would depend, too, on a number of 16 qualities that they were testing on that 17 specification as to the quantity of the sample. 18 Usually the quantities X gave you were, I think, 19 fairly normal. 20 Q. (BY MR. T0URTEL0TTE) How frequently would 21 they take a sample from the materials received? 22 MS. BURGER; Objection. 23 MR. RENDINI: Objection. COMPUTERIZED TRANSCRIPTION RSV0023131 FHILBIN & ASSOCIATES 42 1 Q. (BY MR. TOURTELOTTE) Or by what unit would 2 they take a sample? 3 MS. BURGER: Objection. 4 MR. RENDINI: Objection. 5 THE WITNESS: I think they tested 6 very tank car, but I am not sure. 7 Q. (BY MR. TOURTELOTTE) I believe you 8 testified that during the -- there were only 9 approximately ten years within which you were 10 involved in the receipt of raw materials from other 1 1 vendors at the Springfield plant, is that right? 12 MR. RENDINI: Objection. 13 THE WITNESS: There was a period after 14 I went down to Bircham Bend when they consolidated IS the purchasing of the two departments and we had 16 what we call a contract section. 17 People in my group -- I was in charge of 18 the contracting phase of it for a few years. . That 19 would Include products In both Springfield and 20 Bircham Bend. 21 Q. (BY MR. TOURTELOTTE) Raw material? 22 A. Yes; and packaging. 23 Q. You say that was a contracting group? RSV0023132 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 43 1 A. Yes. 2 Q. Is that different than a purchasing group? 3 A. It was part of Purchasing. 4 Q. Part of Purchasing? 5 A. It was just the function was isolated. 6 Q. What years were those, Mr. Gormally? 7 A, Let me think. I think it was '71 to *79, I 8 think, but somewhere, a few years in that area. 9 Q. You went to Bircham Bend, if I understood 10 your testimony, in 1969? 11 A. Yes. 12 Q. You are indicating that this coordinated or 13 combined purchasing contracting group came into 14 existence In `71? 15 A. Yes. 16 Q. So what were you doing in the two years 17 between *69 and `71? 18 A. I was a purchasing superintendent at the 19 Bircham Bend plant and I retained that same function 20 until I retired. I had this additional function as 21 well, 22 Q. And the additional function was? 23 A. Contracting. RSV0023133 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 44 1 Q. Did that have anything to do with purchase 2 orders for and receipt of raw materials over in 3 Springfield? 4 A. No; what they did, they had what they call 5 a service function in Purchasing. Each plant had a 6 service department and in that service department, 7 they handled all of the documentation for the 8 specific plant. The two plants were still separate. 9 Q. So did you have anything at all to do with 10 the purchasing or receipt of vinyl chloride monomer 11 from *71 through your retirement? 12 A. No; that would be Mr. Smith had that 13 responsibility. I mentioned his name before. 14 Q. Mr. Smith replaced you over at Springfield 15 as a purchasing person? 16 A. Yes. 17 Q. What was his first name? 18 A. Charles. 19 Q. Do you know when he left Monsanto? 20 A. Sometime in the eighties -- the early 21 eighties 22 Q* He retired? 23 A. Yes; he retired. RSV0023134 COMPUTERIZED TRANSCRIPTION PHILBIN Si ASSOCIATES 45 1 Q * Does he live in this area? 2 A Yes. 3 Q. Do you know where he lives? 4 A. Somers, Connecticut. 5 Q. During the ten years in which you did 6 order, among lota of other thing, I am sure -7 during those ten years when you were Involved with 8 the Purchasing Department in the purchase orders for 9 and receipt of vinyl chloride monomer, do you 10 remember any of the companies from which that 11 material was purchased? 12 MS, BURGER: Objection. 13 MR. RENDINI: Objection. 14 THE WITNESS: I have a general IS impression that we got materials from other than 16 Monsanto but I cannot specifically tell you that we 17 got them from one or the other company. I have an 18 impression that we got it from some of the other 19 suppliers. 20 Q. (BY MR, T0URTEX.0TTE) Yott don't remember 21 which ones? 22 A. No; I don't. 23 Q. Do you know whether there would be any RSV0023135 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 46 1 records existent today that would disclose what 2 other companies furnished this material? 3 A. I have no idea. 4 Q. I think in the answers to the questions I 5 asked you, the only documents which your departm nt 6 was responsible for were the purchase orders and the 7 specifications? 8 A. That is correct, 9 MS. BURGER; Objection. 10 MR. RENDINI: Objection. 11 Q. {BY MR. TOURTELOTTE} And the specifications 12 for vcm were done in St. Louis? 13 MS. BURGER; Objection. 14 MR. RENDINI: Objection. 15 THE WITNESS: The specifications for 16 VCM were generated by the control lab in the 17 Springfield plant. We would have sent them to St. 18 Louis if that was necessary. 19 If we were -- for any raw material that 20 they were procuring, buying, we would send them the 21 specifications. Again, when you asked about 22 documentation, I would have to again recall our 23 record retention program. RSV0023136 COMPUTERIZED TRANSCRIPTION PHILBIN St ASSOCIATES 47 1 Q, (BY MR. TGURTBLOTTE) What documents, If 2 any, were there in the plant besides the purchase 3 order that you have referred to earlier and which 4 was generated in your department? 5 A. The only thing that was generated by my $ department would.be the purchase order; and any 7 correspondence relating to quality or anything else 3 relating to the specific raw material, we generated 9 correspondence, obviously. 10 Q, Do you know of any documentation outside of 11 your department that would have been generated? 12 MS. BURGER: Objection. 13 MR. RENDINI; Objection. 14 THE WITNESS: The T & M Department 15 would be generating documents of some type and they 16 would be receiving documents from the Railroad; and 17 they might have correspondence that they had 18 generated, themselves, to me or to others in 19 Monsanto between the T & M, the control lab, for 20 example. 2 1 Q. (BY MR. TOURTELOTTE) Where did the 22 Purchasing Department keep its records? 23 A. In the Purchasing Department. COMPUTERIZED TRANSCRIPTION RSV0023137 PHILBIN & ASSOCIATES 46 1 Q, Right there? 2 A, Yes. 3 Q. And they were kept in file drawers, I 4 assume? 5 A. Yes, 6 Q. Was this a large filing capacity that yon 7 have there? 8 A. Yes . 9 Q. Or had? 10 A. Yes; we did. Fairly large. 1 1 Q. What would you say? What would your 1 2 estimate be of the number of file drawers available 13 to you? 14 A. We probably had, I would gather, about 15 thirty -- either three or four drawer -- thirty- 16 three-or-four drawer filing cabinets. Twenty-five 17 to thirty. 18 Q. How were they arranged? 19 A. There was one group that was arranged only 20 for purchase orders. There was another group that 21 would be for correspondence. That would be about 22 it, I think. 23 Q. Were the purchase orders filed by number or RSV0023138 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 49 1 by name? 2 MS. BURGER: Objection. 3 THE WITNESS: By name. 4 MR. RENDINI; Objection. 5 THE WITNESS: The company name. 6 Q. (BY MR. TOURTEbOTTE) The company name of 7 the vendor? 8 A. Yes; vendor name, I should say. 9 Q, How about the correspondence? 10 A. Correspondence was by product as a general 11 rule . 12 Q, By product? 13 A. Yes. 14 Q. Did you have occasion to generate any 15 correspondence in regard to vinyl chloride monomer? 16 A. I can just tell you in general, I had 17 occasion to generate correspondence on all of th 18 raw materials that we used, and the vinyl chloride; 19 yes , 20 Q. Who would you write to? 21 MS. BURGER: Objection. 22 THE WITNESS: I would write to 23 vendors. RSV0023139 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 50 1 MR. RENDINI: Objection. 2 THE WITNESS: I would write to plant 3 people. I would write to research people, to St. 4 Louis -- corporate purchasing, St. Louis. 5 Q. (BY MR. TOURTELOTTE) Do you remember 6 writing any particular correspondence to any 7 particular vendors? 8 MS. BURGER: Objection. 9 MR. RENDINI: Objection. 10 THE WITNESS: Yes. 11 Q. (BY MR. TOURTELOTTE) Can you tell us who -12 and I am talking about VCM, now? 13 A. No. 14 Q. How about St. Louis? 15 A. Yes, 16 Q. Did you ever write to them? 17 A. Oh, yes. 18 Q. Did you write to them concerning VCM? 19 MR. RENDINI: Objection. 20 THE WITNESS: Yes. 21 Q. (BY MR. TOURTELOTTE) What was -- what kind 22 of correspondence would you write to St. Louis about 23 VCM? RSV0023140 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 51 1 MR. RENDINI: Objection. 2 THE WITNESS: Quality problems; 3 delivery problems. 4 Q. (BY MR, TOURTELOTTE) Why to St. Louis? 5 A, Let me take that back. If It was 6 specifically coming from Monsanto, Texas city, yes; 7 we would probably send it to both, Texas City and 8 St. Louis. 9 Q, Let's assume It is not from Texas City. 10 Who would you write to? 11 MS. BURGER: Objection. 12 MR. RENDINI: Objection. 13 THE WITNESS; St. Louis. 14 Q. (BY MR. TOURTELOTTE) Do you recall 15 corresponding to St, Louis In regard to VCM? 16 MS. BURGER: Objection. 17 MR. RENDINI; Objection. 18 THE WITNESS: I think that I did but, 19 again, I can't remember. 20 Q. (BY MR. TOURTELOTTE) You can't really 21 remember the specifics? 22 A. No . 23 MR. TOURTELOTTE: I think that is all COMPUTERIZED TRANSCRIPTION RSV0023141 PHILBIN & ASSOCIATES 52 1 I have for you. 2 MS, BURGER: X would like to suggest 3 that we take a few minute break. 4 (A recess was taken.) 8 MS, BURGER: X don't have any 6 questions for Mr. Gormally. 7 MR. RENDINI: I have no questions. 8 (The deposition was concluded.) 9 ***** 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RSV0023142 COMPUTERIZED TRAHSCRIFTION FHILBIN & ASSOCIATES 53 1 COMMONWEALTH QF MASSACHUSETTS 2 COUNTY OF HAMPDEN 3 I, JOANNE COYLE, a Notary Public within and for the Commonwealth of Massachusetts at large, do 4 hereby certify that I took the deposition of LAWRENCE GORMALLY, pursuant to the Federal Rules of 5 Civil Procedure on February 25, 1991, at the offices of Robinson Donovan Madden & Barry, 1500 Main 6 Street, Springfield, Massachusetts. 7 X further certify that the above named deponent was by rite first duly sworn to testify to 8 the truth, the whole truth and nothing but the truth concerning his knowledge in the matter of the case 9 Of ALICE L. WARREN, ADMINISTRATRIX OF THE ESTATE OF JOHN H. WARREN, DECEASED VS, THE DOW CHEMICAL 10 COMPANY, ET AL, now pending in the United States District Court for the District of Massachusetts. 11 I further certify that the within testimony 12 was taken by me stenographically and reduced to typewritten form under my direction by means of 13 COMPUTER ASSISTED TRANSCRIPTION; and, I further certify that said deposition is a true record of the 14 testimony given by said witness. IS I further certify that I am neither counsel for, related to, nor employed by any of the parties 16 to the action In which this deposition was taken; and further, that I am not a relative or employee of 17 any attorney or counsel employed by the parties hereto, nor financially or otherwise interested in 18 the outcome of the action. 19 WITNESS my hand and seal this MARCH, 1991. a 20 day of 21 Joann^ boyle NotarVyPublic 22 Certified Shorthand Reporter 23 My commission expires June 13, 1997 RSV0023143 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES 54 1 SIGNATURE PAGE - ERRATA SHEET 2 To be signed by deponent and returned to counsel within thirty {30} days 3 4 I, the undersigned, LAWRENCE GORMALLY, do hereby certify that I have read the foregoing transcript of 5 my testimony given in the matter of Alice L. warren, Administratrix of the Estate of John H. Warren vs. 6 Dow Chemical Company, et al, taken on February 25, 1991 and that to the best of my knowledge, said 7 transcript is true and accurate {with the exception of the following corrections listed below:) 8 9 Page : Line; 10 11 12 13 14 IS r 16 17 18 19 DEPONENT'S SIGNATURE: 20 DATE.______________________ 21 22 23 3 c RSV0023144 COMPUTERIZED TRANSCRIPTION FHILBIN & ASSOCIATES 54 1 SIGNATURE PAGE - ERRATA SHEET 2 To be signed by deponent and returned to counsel within thirty (30) days 3 4 I, the undersigned, LAWRENCE GORMALLY, do hereby certify that I have read the foregoing transcript of 5 my testimony given in the matter of Alice L. Warren, Administratrix of the Estate of John H. Warren vs, $ Dow Chemical Company, et al, taken on February 25, 1991 and that to the best of my knowledge, said 7 transcript is true and accurate (with the exception of the following corrections listed below:) 8 9 Page Line : ^ : 3-2 : /i/o-Pd A //rtxoKS' 10 1 1 !c(' ; '3.0 : 1 H-An 12 13 14 15 16 17 18 19 DEPONENT'S SIGNATURE : 20 DATE iThiutxLffr, riy l ,, A. Po'LwuaJtJ & 21 22 23 ic RSV0023145 COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES