Document jmLqJz2Baopvg86Dz6LV63MwR

Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 Page 1 to Page 187 ACE-FEDERAL REPORTERS, INC. 202-347-3700 CONDENSED TRANSCRIPT & CONCORDANCE PREPARED BY: ACE-FEDERAL REPORTERS, INC. 1120 G STREET, NW SUITE 500 WASHINGTON, DC 20005 Phone: 202-347-3700 FAX: 202-737-3638 WATER PCB-SD0000062439 BSADepo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0X]\1AX(1) Page 1 [1] IN THE SUPERIOR COURT [2] OF THE STATE OF DELAWARE [3] IN AND FOR NEW CASTLE COUNTY [4] ........................................................................... X [5] MONSANTO COMPANY. : [6] Plaintiff, : m : Civil Action Number [8] v. : 88C-JA-118-1-CV [9] AETNA CASUALTY & SURETY COMPANY, : NON-ARBITRATION [10] et al.( : CASE [11] Defendants. : [12] ........................-......................... X [13] DEPOSITION OF R. EMMET KELLY [14] Wilmington, Delaware [IS] Wednesday, January 27, 1993 [16] Deposition of R. EMMET KELLY, called for examination [17] pursuant to notice of deposition, at the law offices of [18] Duane, Morris and Heckscher, 1201 Market Street, Fifteenth [19] Floor, at 10:05 a.m. before JULIE BAKER, a Notary Public [20] within and for the District of Columbia, when were present [21] on behalf of the respective parties: [22] - continued - Page 2 [1] APPEARANCES: JOHN M. BRAY, ESQ, [2] Schwalb, Donnenfeld, Bray P] & Silbert [4] 1025 Thomas Jefferson Street, N.W. [5] Suite 300 [6] Washington, D. C. 20007 m On behalf of Plaintiff Monsanto [8] Company. P] DAVID S. FLORIG, ESQ. [10] Manta and Welge [11] One Commerce Square [12] Thirty-Seventh Floor [13] 2005 Market Street [14] Philadelphia, Pennsylvania 19103 [15] On behalf of Liberty Mutual [16] Insurance Company. [17] richard l. McConnell, jr,, esq. [18] Wiley, Rein & Fielding [19] 1776 K Street, N.W. [20] Washington, D. C. 20006 [21] On behalf of The Travelers [22] Indemnity Company. Page 3 [1] CONTENTS WTTNESS EXAMINATION [2] R. Emmet Kelly by Mr. McConnell 4 [3] EXHIBITS KELLY DEPOSITION NUMBER IDENTIFIED [4] Exhibit 1 - 11/11/54 Meeting minutes 26 Exhibit 2 - April 1962 Organizational chart 56 [5] Exhibit 3-4/11/57 Memo 69 Exhibit 4 - 9/28/70 Letter 78 [6] Exhibit 5 - 7/3/52 Memo 82 Exhibit 6 - 3/14/56 Letter 91 [7] Exhibit 7 - 3/20/56 Letter 95 Exhibit 8 - March 1963 Report on cancer and m chemical structure by Jack Garrett 106 Exhibit 9 - 6/30/54 Memo 115 [9] Exhibit 10 - Article 123 Exhibit 11 - 10/9/48 Letter 131 [10] Exhibit 12 - 4/5/61 Memo 134 Exhibit 13 - 4/11/61 Memo 138 [11] Exhibit 14 - 2/25/58 Memo 144 [12] Exhibit 15 - Excerpt 147 [13] Exhibit 16 - 9/18/59 Letter 153 [14] Exhibit 17 - 7/25/47 Memo 158 [151 Exhibit 18 - 5/20/46 Memo 161 [16] Exhibit 19 - 12/8/58 Letter 164 [17] Exhibit 20 - 1/19/59 Memo 166 [18] Exhibit 21 - 5/29/58 Memo 169 [19] Exhibit 22 - 6/2/58 Memo 173 PO] Exhibit 23 - 3/4/64 Memo 179 PI] Exhibit 24 - 3/10/64 Letter 180 [22] Exhibit 25 - 6/11/58 Letter 183 Page 4 [1] PROCEEDINGS [2] Whereupon, P] R. EMMET KELLY [4] was called as a witness and, having first been duly sworn. [5] was examined and testified as follows: [6] THE WITNESS: By the way, I have somewhat of a [7] hearing impairment so I may ask you at times to speak a m little louder. [9] MR. MC CONNELL: If you will do that, 1'U try [10] to speak up and if you have any trouble hearing me, sir. [11] I'd appreciate it if you'd let me know. [12] THE WTTNESS: I shall. [13] EXAMINATION [14] BY MR. MC CONNELL: [15] Q Would you state your fail name, please. [16] A R., for Robert, Emmet KeQy. [17] Q And vAiere do you live, sir? [18] A St. Louis, Missouri, 665 South Skmker, [19] S-k-i-n-k-e-r, 63105. PO] Q And how long have you lived at that address. PI] sir? [22] A 18 years, 20 years. Page 5 [1] MR. MC CONNELL: Off the record. P] (Discussion off the record.) P] BY MR. MC CONNELL: [4] Q Dr. Kelly, my name is Dick McConneU. I'm one [5] of the attorneys for The Travelers Indemnity Company in [6] this case. I'd like to make sure we understand each other m today and so if at any time there 'j any confusion in your C8] mind about my question, please let me know and I'll be P] glad to clear it up for you. Is that all riglu, sir? [10] A Thank you. Yes, sir. [11] Q Are you being represented by counsel in this [12] deposition, Dr. Kelly? [13] A Yes, I am. [14] Q And who is that counsel, sir? [15] A Mr. Bray. [16] Q Do you understand that he's one of the attorneys [17] for Monsanto in this case? [18] A Yes, 1 do. [19] Q Who is paying Mr. Bray's legal fees in PO] connection with this deposition, Dr. Kelly? PI] MR. BRAY: I object to that. [22] THE WITNESS: I don't know. It's not I. Page 6 [1] though. I'm not paying it. P] BY MR. MC CONNELL: P] Q You're not paying any legal fees to Mr. Bray? [4] MR. BRAY: Same objection. [5] THE WITNESS: That is correct. [6] BY MR. MC CONNELL: [7] Q Do you know whether Monsanto is paying his fees. [8] sir? P] MR. BRAY: Same objection. [10] THE WITNESS: I don't know. [11] BY MR. MC CONNELL: [12] Q Did you do anything to prepare for this [13] deposition, Dr. Kelly? [14] A I talked with Mr. Bray yesterday. [15] Q For about how long, sir? [16] A Five hours. [17] Q Where did that meeting take place? [18] A In Washington at their - [19] Q Was 11 Mr. Bray's office? PO] A Mr. Bray's office. [21] Q Was there anyone else present at that meeting ? [22] A No, sir. People dropped in, secretaries dropped Page 7 [1] in with various messages but no other legal people were ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 1 to Page 7 WATER PCB-SD0000062440 BSA Depo of R. Emmet Kefly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(2) [2] there. [3] Q Did you review any documents in that meeting? [4] A I beg your pardon? [5] Q Did you review any documents in that meeting? [6] A No, sir. We discussed some. I didn't read than [7] or analyze than. [8] Q Did you have them on the table where you could [9] see them? [10] A Some, yes, sir. [11] Q Did you read portionsof them? [12] A Yes, sir. [13] Q Did Mr. Bray direct your attention to portions [14] of them? [15] A Yes, sir. [16] Q Did you bring any of the documents with you or [17] were they provided by Mr. Bray? [18] A Provided by Mr. Bray. I brought none today and [19] none yesterday. Is that what you meant? Did 1 bring any [20] with me? I brought none this morning and I brought none [21] yesterday. [22] _____ Q Any documents that you reviewed yesterday were Page 8 [1] documents that Mr. Bray provided? [2] A That is correct. P] Q Have you had any other meetings with any of [4] Monsanto's attorneys in connection with this case? [5] A Yes, with Mr. Snively. [6] Q And Mr. Snivety is a lawyer in Monsanto's law [7] department? [8] A That's correct. I think he also represents me [9] in this case. [10] Q Mr. Snively is representing you in this case, in [11] connection with this case along with Mr. Bray? [12] A That's correct. [13] Q On how many occasions have you met with [14] Mr. Snivety? [15] A With regard tothis case? [16] 2 I'm, sir. [17] A Twice. [18] 2 When did those meetings take place, sir? [19] A Within the last four weeks. [20] 2 Were those also meetings to prepare for this PI] deposition? [22]_______ A Yes, sir,___________________________________________ Page 9 [1] 2 When did the first meeting with Mr. Snivety take [2] place. Dr. Kelly? P] A Gosh, I can't tell you the exact date. I have [4] it in my diary at home but not with me. But it was within [5] the last four weeks, I think. [6] 2 How long did you meet with Mr. Snively on that [7] occasion? [8] A About four hours one day and about five hours [9] the next day. [10] 2 When was the next meeting with Mr. Snivety, sir? [11] A About a week after the first one, so that would [12] be three weeks ago. [13] 2 dnd how long did you meet with Mr. Snivety on [14] that occasion? [15] A Again, four or five hours. [16] 2 So you actually met with Mr. Snivety on three [17] separate days? [18] A Two separate days. [19] 2 Two separate days? [20] A That's correct. [21] 2 And four to five hours on each day? [22] _____A That's correct._____________________________________ Page 10 [1] Q Have you had any other meetings. Dr. Kelly, with [2] any of Monsanto's other attorneys in connection with this P] case? [4] A Not that I recall. [5] 2 When you met with Mr. Snivety, did you review [6] any documents with him? [7] A No, sir, I don't think so. I think he just gave [8] me the details of the litigation. [9] Q Let me ask you about your education. Dr. Kelly. [10] Where did you attend college, sir? [11] A St. Louis Univetsity. [12] 2 What was your degree in? [13] A Bachelor of sciorce in medicine in 1930 and the [14] MD degree from the same institution in 1932. [15] 2 So you attended medical school at the same [16] university in St. Louis? [17] A That's correct. [18] 2 dnd you received your MD degree in 1932? [19] A Yes, sir. [20] 2 Did you have any other formal education after PI] that point? [22]_______ A Yes. Well, I had three years training at___________ Page 11 [1] St. Louis City Hospital. I've had various short P] postgraduate courses at various medical schools. They P] were one or two weeks longer. If that's what you mean by [4] formal education. [5] 2 Hte three years at the St. Louis Hospital, was [6] that the normal residency and internship that doctors do [7] after medical school? [8] A Yes, sir. [9] 2 Hie postgraduate courses didn't lead to a [10] degree? [11] A I beg your pardon? No. It did not. [12] 2 Where were you employed after medical school, [13] Dr. Kelly, after you became a fidly licensed practicing [14] physician? [15] A Well, I was employed at City Hospital for three [16] years. After 1 left City Hospital, I was in private [17] practice for about six months, and then I became employed [18] by the Monsanto Company as a physician on a part-time [19] basis until I went in the service. And after I left the P0] service in 1946, I came back to Monsanto in a full-time PI] geographical position. P2]________2 Pet me go back to your private practice in the_______ Page 12 [1] six months after your internship. Did you specialize in [2] any particular area? P] A No, sir. This wasin 1932 or '35after the [4] hospital -- there was adepression and Idon'tthink there [5] was much specialization. [6] 2 You were a general practitioner? [7] A That's correct. Although I was trained as an [8] internist, it was very much a general type of practice. [9] 2 Did you begin the part-time work as a piam [10] physician for Monsanto in 1936? Did l hear that [11] correctly? [12] A Yes, sir. [13] 2 Did you continue to have a private practice on [14] the side at that time? [15] A Yes. [16] 2 About how much of your time was spent as a plant [17] physician at that time? [18] A 35 to 40 percent. [19] 2 Was there a particular plant you were assigned [20] to? [21] A Yes. The plant they called the Queeny Plant, [22] which was called Plant A at that time and it was changed Page 13 [1] to the Queeny Plant. It was located in St. Louis. P] 2 Was tluu a plant owned by Monsanto? P] A Yes. [4] 2 Did you serve as a plant physician at any other [5] Monsanto plant at any time? [6] A Did I what? [7] 2 Was the Queeny Plant the only plant at which you m served as a plant physician for Monsanto? [9] A On a regular basis that was the only one, but [10] after I had been with the company for a period of months, [11] I was given responsibilities to look over problems that [12] might have arisen or existed at other plants in the [13] company and it hinted out that I was sort of a medical [14] director without portfolio. I had the job of looking over [15] their medical organizations or addressing myself to any of Page 7 to Page 13 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062441 BSA Pepo of R. Emmet KeOy MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX131 [16] their medical problems that arose, but I didn't have any [17] direct responsibility for it. [18] Q What other plants did you work with in that son [19] of irregular capacity, if t can call it that? [20] A Well, it all depends on what time frame you're [21] talking about. The years from 1936 to '41, when I went in [22] the service, '42, I saw most of the plants in the United_______ Page 14 [1] States. I would say we had about 10 plants around the [2] country at that time, but I would see them on various [3] occasions. Some plants I would see often. Some plants I [4] would not see at all. [5] Q During that period you 're talking about, 1936 to [6] 1942, did you have a chance to visit ail of die Monsanto [7] plants that existed at dutt time? [8] A I believe so in the United States and Canada. I [9] did not see any of the ex-U.S.A. plants outside of Canada. [10] Q Can you remember what plants you visited during [11] those years, Dr. Kelly? [12] A The Carondolet, C-a-r-o-n-d-o+e-t, plant. [13] Q Where is that plant? [14] A South St. Louis. It's a suburb of St. Louis. [15] The East St. Louis plant, which was called Plant B; Nitro, [16] West Virginia; Norfolk, Virginia; Merrimac, [17] M-e-r-r-i-m-a-c, Massachusetts; and Springfield, [18] Massachusetts. [19] Q Were there also plants in Canada that you [20] visited? [21] A Yes. One in Montreal, outside of Montreal and [22] one outside of Toronto.______________________________________ Page 15 [1] Q The plant that you referred to as the East [2] St. Louis plant or Plant B, is that also known as the [3] Kntmmrich plant? [4] A Later on it was caned the Krummrich plant, [5] K-r-u-m-m-r-i-c-h. [6] Q And can you remember any others beyond the ones [7] you've named? [8] MR. BRAY: Others that he visited during that [9] period? [10] MR. MC CONNELL: Right. [11] THE WITNESS: We had some plants on the West [12] Coast, small plywood glue plants and I don't know whether [13] I saw that before the war or afterwards. I don't know [14] when we acquired those plants. I just don't know whether [15] that was before 1942 or the early days after 1946. [16] BY MR. MC CONNELL: [17] Q You visited those West Coast plants at some [18] point, but you just can 7 remember whether it was before [19] or after the war? [20] A That's correct. [21] Q How often did you visit the various plants we've [22] been talking about in the time frame 1936 to 1942?____________ Page 16 [1] A Probably once a year with the exception of [2] Columbia, Tennessee was another plant that we had. [3] Wherever we bad problems or potential problems or we were [4] having a new operation at one of our plants, I might visit [5] that often or once a year. But 1 would say on the [6] average, once or twice a year, but more closely to once. [7] Q What types of problems did you encounter during [8] those years, Dr. Kelly? [9] A Well, at the Columbia, Tennessee, we were [10] starting a plant making elemental phosphorus and we were [11] using German technology and they advised about what they [12] thought should be done on monitoring the individuals. And [13] I would go down to see if this was a feasible option and [14] it really wasn't a problem, it was a potential problem. [15] And other plants, there may have been requests from some [16] of the employees that were affected on the health, some of [17] these products capable of causing - that I would go down [18] and examine their exposure and talk to the groups. So [19] that's the type of problem. [20] Q Would it be far to say you were concerned about [21] the toxicity of the chemicals that were being used at the [22] plants?______________________________________________________ Page 17 [1] A Well, no, I wasn't concerned about the toxicity [2] because we knew industrial chemicals have a certain amount [3] of toxicity, but I was concerned we were not giving them [4] any harmful exposure, give the workers any harmful [5] exposure. [6] Q So you knew back in the 1930s and early 1940s [7] that many of the industrial chemicals that were being used [8] at these plants were toxic? [9] A Well, "toxic" is a relative term. They had a [10] certain amount of toxicity but at the extent that the [11] exposure was such that there was no hazards to the workers [12] in our operation. [13] Q It was part of your job to make sure that the [14] workers were not exposed to amounts of those chemicals [15] that would damage their health? [16] A That's correct. [17] Q And you knew at the time that these were toxic [18] chemicals, that exposure to larger amounts wottld damage [19] the workers; is that correct? [20] MR. BRAY: Object to the generalities of that [21] question. [22] _____ THE WITNESS: It all depends on what you mean by Page 18 [1] larger amounts but it certainly was not - so in any [2] operation, you have to balance the inherent toxicity or [3] lack of toxicity of the product with the exposure or the [4] lack of exposure or the amount of exposure that the worker [5] is exposed to. In other words, no matter how toxic a [6] compound is, if it's inside a pipe and it stays there, it [7] isn't going to hurt them. And we had to see if there were C8] any opportunities for escape of these products. [9] BY MR. MC CONNELL: [10] Q And conversely, you knew at the time if some of [11] these materials escapedfrom the pipes, they could be [12] harmful to the workers' health? [13] A No, not necessarily. It all depends on how much [14] escapes. If you have a small spill and got it cleaned up [15] and it washed away, there's no hazards to the worker. But [16] obviously if there was a very large breakdown under [17] elevated temperatures, there might be sufficient exposure [18] that there's a possibility that some injury may occur to [19] the workers. [20] Q And there were spills from time to time at the [21] plants? [22] _____ A Yes, sir. That varies, of course, but there_________ Page 19 [1] were at times, certainly. [2] Could I get a glass of water, please? [3] MR. MC CONNELL: Certainly. Why don't we go off [4] the record for a minute. [5] (Discussion off the record.) [6] BY MR. MC CONNELL: [7] Q Dr. Kelly, what was your position during World [8] War II? [9] A Well, I was a member of the medical corps, and I [10] was assigned to two chemical warfare installations, one at [11] Pine Bluff, Arkansas and the other at Edgewood, Maryland. [12] Q Would you tell us briefly wheu your job involved [13] during those years, sir. [14] A Well, it's really pretty much like the job I had [15] at the Plant A in St. Louis. When I started, in other [16] words, I was in charge of the medical department that [17] watched over the health of the workers making chemicals [18] ammunitions. They manufactured chlorine phosgene, [19] phosphorous napalm, n-a-p-a-l-m, mustard gas. [20] Q All of those materials were chemical warfare [21] agents? [22] A Yes._______________________________________________ Page 20 [1] Q Would it be fear to say they were highly toxic [2] materials? [3] A Not highly toxic in the sense that breathing one [4] lungful of it would cause a fatality, but they were made [5] to injure the enemy so I think you could consider them [6] toxic. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 13 to Page 20 WATER PCB-SD0000062442 BSA Depo of R. Emmet KeDy MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX14) m Q Did you return to Monsanto after the war? (8] A Yes, I did. (91 Q And do you recall what year you went back to [10] Monsanto? (11] A First months of 1946. [12] Q And vAiat position did you hold when you went (131 back to Monsanto? [14] A Wefl, it was a new position. It was a central [15] staff department called the corporate medical department, [16] and I held the title of medical director. [17] Q Were you at that time the medical director for [18] the entire company, sir? [19] A Yes, sir. [20] Q You were responsible for medical operations at [21] all of the Monsanto plants? [22] A With the exception of some foreign subsidiaries, Page 21 [1] such as Japan or Sweden and where we had less than 100 [2] percent ownership. [3] Q Let's restrict it to the operations in the [4] United States and Canada. Were you responsible for all [5] tiie medical operations in that area? [6] A Yes. [7] Q At all of the plants? [8] A Yes. [9] Q How long did you remain in the position of [10] medical director. Dr. Kelly? [11] A Until Decanber the 1st, 1974. [12] Q And what happened at that point? [13] A I hit 65. [14] Q And you retired from Monsanto? [15] A That's correct. [16] Q Did you continue to do any consulting work for [17] Monsanto? [18] A I did the first year on a regular basis. Since [19] then, I've done consulting work on sort of a [20] fee-for-service basis. [21] Q That has continued right up through today? [221 A To today, yes, sir. Page 22 [1] Q Do you have an hourly fee that you charge [2] Monsanto for your consulting work? [3] A Yes, sir. [4] Q And what is thatfee, sir? [5] A $200 an hour. [6] Q Are you being compensated by Monsanto for your m time spent preparing for this deposition ? [8] MR. BRAY: 1 object to that. [9] THE WITNESS: If by preparing, you mean my [10] meetings with Mr. Snively and Mr. Bray? [11] BY MR. MC CONNELL: [12] Q Yes, sir. [13] A I will be compensated for that. [14] Q At your normal hourly rate? [15] A That's correct. [16] Q And are you being compensated by Monsanto for [17] the time spent in the deposition? [18] A With the exception of travel time [19] MR. BRAY: Same objection. [20] BY MR. MC CONNELL: [21] Q I'm sorry, sir? [22] MR. BRAY: Subject to my objection, you may Page 23 [1] answer. [2] THE WITNESS: With the exception of travel m time. I do not charge for travel time. [4] BY MR. MC CONNELL: [5] Q But you 're being compensatedfor the time you 're [6] spending here in the deposition today? [7] A That's correct. [8] Q And whatever additional days are needed to [9] complete the deposition? [10] MR. BRAY: Same objection. [11] THE WITNESS: That's correct. [12] BY MR. MC CONNELL: [13] Q Have you testified for Monsanto in other cases. [14] Dr. Kelly? [15] A Do you mean by testifying in a trial or in a [16] deposition? [17] Q Let's break it down. Let's talk about [18] depositions first. [19] A Yes, I have. PO] Q On how many occasions, sir? [21] A 15, give or take two or three. [221 Q Have you testified for Monsanto in court on Page 24 [1] other cases? [2] A Well, I've testified in court. I've been called [3] as a witness by Monsanto, if that's what you mean [4] testifying for them. [5] Q Yes. [6] A I was either testifying as a fact witness or an [7] expert witness in various cases. [8] Q And how many occasions have you testified for m Monsanto in court. Dr. Kelly? [10] A In court? [11] Q On how many occasions? [12] A Five to 10, I guess. [13] Q How many of those were as an expert witness, [14] Dr. Kelly? [15] A I guess if I testified five to 10, I would say [16] four to right were as an expert witness. [17] Q And how many as a fact witness? [18] A One or two. [19] Q In this case, has Monsanto asked you to testify [20] as an expert witness? [21] MR. BRAY: Object to that. The time for [221 designating expert witnesses has not arrived yet. Page 25 [1] THE WITNESS: I don't know in what capacity I P] will be testifying. [31 BY MR. MC CONNELL: [4] Q Monsanto hasn 't asked you to testify as an [5] expert? [6] MR. BRAY: Objection. Asked and answered. [7] THE WITNESS: No, they haven't really spelled m out what my position in this trial is going to be. m BY MR. MC CONNELL: [10] Q Do you own stock in Monsanto, Dr. Kelly? [in A Yes, sir. [12] Q Do you recall that Monsanto had a stock option [13] program for its top officers and key employees? [14] A Yes, sir. [15] Q And were you one of the key employees who [16] received stock options? [17] A I did receive stock options in 1972 and '73. I [18] obviously have not received any options since, because I [19] retired in '74. [20] Q While you were employed by Monsanto as medical [21] director, you did receive stock options? [221 A Yes, sir. Page 26 [1] Q And was that true in the 1950s as well as in the [2] 1970s? P] A I don't think I received any in the '50s. In [4] fact, I'm not sure whether they had stock option plans at [5] that time. [6] MR. MC CONNELL: Let me show you a document, [7] sir, which we will mark as Kelly Exhibit 1. [8] (Kelly Exhibit 1 identified.) m BY MR. MC CONNELL: [10] Q You see. Dr. Kelly, this is a document which [11] consists of the minutes of a meeting of Monsanto's board [12] of directors on November 11, 1954? [13] A Yes, sir. [14] Q I'd like you to turn, sir, to the page - you'll [15] see there's some page numbers in the upper right-hand [16] comer on each page. I'd like to ask you to turn to page [17] 219. Would you tell me when you have that. [18] A Yes, sir. [19] Q And in the first full paragraph on that page, [20] the minutes read "The Chairman stated that the stock Page 20 to Page 26 202-347-3700 ACE-FEDERAL REPORTERS, INC, WATER PCB-SD0000062443 BSA Depo of R. Emmet KeDy MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX15) [21] option committee appointed by this board at its April 24, [22] 1951 meeting has recommended the granting of additional______ Page 27 [1] options to purchase a toted of 49,500 shares of this [2] company's unissued common stock to 37 other officers and P] key employees cf the company. " [4] Do you see that, sb? [5] A Yes, sir. [6] Q And does that refresh your recollection that [7] there was a stock option program at Monsanto in the 1950s? [8] A Yes, sir. [9] Q And I'd like you to look down near the bottom of [10] the list of names in this paragraph. Do you find your [11] tutme there? [12] A Yes, 1 do. [13] Q Do you see that you had options that year for [14] 750 shares? [15] A Yes, sir. [16] Q Does that refresh your recollection that you did [17] receive swek options back in the 1950s? [18] A Yes, sir, it does. [19] Q And was that on an annual basis? Did you [20] receive other stock options in other years? [21] A Later on I did. I had forgotten ail about [22] this. That was not a very big number. Yes, I did. There Page 28 [1] was a second considerably later. I thought that was 10 [2] years or so after that that 1 received a larger amount of P] shares. [4] Q So from time to time, starting at least in the [5] 1950s, you did receive stock options [6] A Not from time to time. I can only recall two [7] times that I ever received it. [8] MR. BRAY: I'm late at getting this in. I [9] object to the question, the distorting and [10] mischaracterizing the witness' testimony, but he's already [11] answered. [12] MR. MC CONNELL: Yes, he has. [13] BY MR. MC CONNELL: [14] Q You still own Monsanto stock? [15] A I beg your pardon? [16] Q Do you still own Monsanto stock? [17] A Yes, I do. [18] Q How many shares, Dr. Kelly? [19] AOh, 1500 or something. [20] Q Dr. Kelly, I'd tike to go back to the time when [21] you were serving as the plant physician at the Queeny [22] Plant. We've talked a little bit about the work that you_________ Page 29 [1] did in tlutt job. I'd like for you to tell me whether [2] there were any other job responsibilities that you had at [3] that time in connection with your job as plant physician? [4] A Well, I don't really believe that I mentioned [5] what responsibilities I had as a plant physician. [6] Q Why don't we go back to that, then, and tell me [7] what your job responsibilities were. [8] A It was to carry out a preventive medical program [9] by examining, by monitoring the health of the employees to [10] see if they had any incipient diseases which were not [11] occupational in scope, such as diabetes or high blood [12] pressure. [13] MR. MC CONNELL: Why don't we go off the record [14] for just a minute. [15] (Discussion off the record.) [16] (Recess.) [17] BY MR. MC CONNELL: [18] Q Dr. Kelly, we were interrupted by the window [19] washer and clanging against the window outside the room [20] and l think in fairness to you, I'd like to go back and [21] get you to restart your answer to this question. Is that [22] all right with you?____________________________________________ Page 30 [1] A Certainly. [2] MR. MC CONNELL: Why don't we have you read back p] the question, if you would. [4] (The reporter read the record asrequested.) [5] THE WITNESS: It was to carry out a preventive [6] medical program for the employees, which consisted mainly [7] of monitoring their health through periodic examinadons, m and that was to find out any incipient diseases which are [9] common to all mankind, such as diabetes, hypertension, [10] et cetera, under the theory that if you caught these in [11] their incipient stage, you would be able to forestall more [12] serious illnesses down the road. Obviously, if there were [13] any illnesses that could be produced by their work [14] situation, you would endeavor to pick up anything abnormal [15] if that had occurred. [16] It also meant that I was supposed to visit their [17] workplace to see if I was able to ascertain whether there [18] was any undue exposure to the chemicals which they were [19] manufacturing or using. It was also my responsibility to [20] find out what was known or needed to be known about the [21] toxic characteristics of our raw materials as well as our [22] finished products.________________________________________ Page 31 [1] BY MR. MC CONNELL: P] Q Was there anything else that was part cf your P] job responsibilities, Dr. Kelly, during tlte time frame [4] 1936 to 1942? [5] A Well, later on, in the years closer to 1942, I [6] would answer inquiries from our various customers and/or [7] doctors as to what the effects of our finished material [8] might or might not have on their workers, on the [9] customers' workers. I think that's about the extent of [10] that. [11] Q Did that involve answering questions about the [12] toxicity of particular chemicals? [13] A Yes, sir. [14] Q Did you have any responsibility for pollution [15] abatement or waste disposal in those days? [16] A No, sir. [17] Q When you went back to Monsanto in 1946 as the [18] medical dbector. Dr. Kelly, what were your job [19] responsibilities? P0] A Well, there I had direct responsibility to see PI] that we bad adequate medical installations in all our P2] various plants and laboratories, that we had a system for Page 32 [1] informing our customers through inclusion in our various P] technical bulletins, our sales bulletins, our application P] bulletins concerning the safe handling and toxicity [4] evaluation of our products. We - then, of course, it was [5] almost a moving target. We then developed the industrial [6] hygiene department that allowed us to be more [7] sophisticated in analyzing the working environment of our [8] factories. We also had a more formal program for [9] evaluating the toxicity of our products. [10] Q What do you mean by tlutt, sir? [11] A Well, we later developed a program in which when [12] any of our compounds reached a certain stage, for example, [13] if they were advertised in a bulletin, if they were sent [14] out to several different times, sample quantities, that we [15] would have a particular department that was handling this [16] or manufactured this product, that they had to submit what [17] we called a 201 or 202 file that had to give us the [18] information about the use of the product, the physical [19] characteristics of the product, so that we would decide [20] whether there was any toxicity information available for PI] this product and also whether or not, in our opinion, more P2] information or information would have to be obtained on Page 33 [1] that particular product. [2] Q Was it important to have toxicity uiformation [3] about the chemicals tlutt Monsatuo was using at its plants ? JI [4] [5] A I beg your pardon? Q Was it imponam to lutve taxicitv information [6] about the chemicals that Monsanto was using at its plants? I [7] A Yes, sir. [8] Q And why was that, sir? [9] A Because you wanted to protect the worker. If [10] you didn't know if the product were toxic or not and the [11] degree of toxicity, you'd do a pretty poor job of ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 26 to Page 33 WATER PCB-SD0000062444 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223,0 XMAXrti) [L2] protecting them. [13] Q And it was important to know about the toxicity [14] of the products that Monsanto was making at its plants ? [15] A Yes, sir. [16] Q And why was that? [17] A We were selling it to the customers that we had [18] to give them safe handling instructions as far as using [19] the product was concerned. [20] Q Did you have any responsibilities for pollution [21] abatement or waste disposal when you went back to Monsanto [22] as the medical director in 1946?_____________________________ Page 34 [1] A Not in 1946 but in 195 - the early 1950s, we [2] were authorized by the executive committee to review afl [3] new plants, new processes and assure ourselves and report [4] to the central executive committee that the adequate [5] concern was given to the disposal of waste material. We [6] were not engineers, but we were - our industrial hygiene [7] group were knowledgeable about waste disposal, and they |8] would be able to tell whether or not the information given [9] in the flow sheets was sufficient to have our waste [10] disposal program keep up with the state of the art of [11] waste management at that particular time. Obviously, that [12] varied from the 1950s to the 1970s. [13] Q Do you believe that Monsanto did keep up with [14] the state of the art on waste disposal? [15] A Yes, I do. [16] Q Do you believe that Monsanto was knowledgeable [17] about the ongoing scientific developments in waste [18] disposal technology during the time you were the medical [19] directorfor the company? [20] A Yes, I do. [21] Q And that was true from 1946 through your [22] retirement in 1974?_________________________________________ Page 35 [1] A WeD, I would say that we were more knowledge [2] I was more knowledgeable from the 1950s to the 1974 [3] early 1950s where the medical department was given - 1952 [4] or '53 we were given the responsibility for reviewing the [5] waste disposal methods and reporting to the executive [6] committee if we did not believe that they were taken care [7] of in an adequate fashion. [8] Q Were there other people who reported to you in [9] the medical department? And maybe we should start in 1946 [10] when you started out as the medical director. [11] A When I started out, I had a secretary. Then the [12] next thing, I engaged a part-time physician who was a [13] member of the faculty of Washington University. Then we [14] engaged an industrial hygienist in 1947, I believe [15] Q Let me stop you there and back up for a moment. [16] When you started in the medical department as medical [17] director in 1946, were there plant doctors at some of the [18] Monsanto plants across the country? [19] A Oh, yes, I was just talking of the corporate [20] medical department. Yes, we had doctors at our various [21] plants. They were usually part-time doctors. We may have [22] had one full-time doctor in one of our plants and I'm just Page 36 [1] trying to think - we had mostly part-time physicians, but [2] in the central medical department we hired first a [3] part-time associate physician. [4] Q And who was that, sir? [5] A George Saunders, who is dead. We hired an [6] industrial hygienist, Elmer Wheeler, in '47, who is also [7] dead, and that was foDowed by Jack Garrett, and I think [8] he came in '52 or '53. By the time 1 retired, we had four [9] industrial hygienists, four or five. I'm not sure. [10] Eventually, we hired several toxicologists and eventually [11] also we hired another full-time physician as my [12] associate. [13] (Pause.) [14] BY MR. MC CONNELL: [15] Q When you became the medical director in 1946, [16] Dr. Kelly, who did you report to in Monsanto? [17] A Gee, I don't know if it was vice president for [18] administration or vice president for - once I reported [19] [20] [21] [22] [1] [2] P] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [1] [2] P] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [1] [2] P] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [1] [2] directly to the executive committee. It varied. I think eventually, I record to the vice president for engineering. I reported to the vice president for administration. I think I would go through a shuffle________ Page 37 about every seven yean at Monsanto and shuffle around the chart, so I don't really know who was the first one I reported to. Q At times, did you report directly to the president of the company? A Well, the executive committee was - as far as reporting to the president, we were very close to him. We were on a first-name basis and I had ample opportunity to talk to him about anything that came up; whether I reported to him or not, I could walk right in and talk to him and say here's the problem I've got. Q Was that true throughout the lime you were the medical director at the company from 1946 to 1974? A WeD, not right away in '46, but as it got - we were relatively small at that time and it was true, yes. Q All the way through to the time that you retired in 1974? A That's correct. Q You mentioned that Monsanto grew. Did Monsanto buy or build additional plants as you went along? A Did they? Q Yes._______________________________________________ Page 38 A Oh, sure. They built them or acquired them. I think we had 55 when I left. Q That was in 1974? A That's correct. Q Was that 55 plants in the United States? A Oh, probably 10 of those were ex-U.S.A. We had two in Mexico, three in Canada, two in England, one in Luxembourg, one in Germany. I guess there were 10 ex-U.S.A. ones. Q Would it be fair to say, then, that you had about 45 plants around the United States? A That's correct. Q And how many states were those in, do you know, sir? A How many states? . Q How many different slates? A 15. Q Did you continue to visit the plant sites, Dr. Kelly? A Yes. Not as much after we had industrial hygienists. They went there somewhat oftener and we had the one fiiD-time associate, one part-time associate, and______ Page 39 they took over some of the plant visits, but I still got around to certainly all the larger plants once a year, and in some cases more than once a year. And in some cases once every two years. And the small bottling plants where we blew plastic bottles, we had 15 people that might go there every two years or so. 2 Did you ever visit the Texas City plant? A Yes, I did. Q On how many occasions? A WeD, of course, we had that explosion on the ship next to the plant, so at that time I was there about, oh, 10 times at that particular episode. Q That was in 1947? A '46 or '47 - '47, I guess. I'd say I was there an average of twice every - three times every two years or so on the average, about every - not twice a year aD the time but twice one year, once the next. Q And that continued throughout the time you were the medical director up through your retirement? A That's correct. Q When you were there, you talked with the plant chemists and engineers?_____________________________________ Page 40 A WeD, I talked with the plant manager, the plant manufacturing superintendent, the physician, the safety Page 33 to Page 40 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062445 BSA Depo of R. Emmet Kefly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAXrn [3] manager, the mine at the dispensary. [4] Q Then you communicated in writing with these [5] people at other times? [6] A Yes, sir. [7] Q So you have some knowledge of the chemicals that [8] were used at the Texas City plant? [9] A Oh, yes, sir. [10] w would, that be true also with respect to [11] Monsanto's other plants? [12] A Yes,-sir. - . .. [13] Q And you have some knowledge of the products that [14] Monsanto made at the various plants? [15] A Yes, sir. [16] Q And also the waste streams that were produced at [17] those plants? [18] A Wed, that might vary. I do know in some plants [19] where we had treatment plants, I would know what the waste [20] streams were going into the treatment plants. But mostly, [21] the knowledge about the waste disposal, both air and water [22] and solids, that knowledge rested with Jack Garrett and Page 41 [1] Elmer Wheeler. Wheeler was knowledgeable about the air [2] emissions, whereas Garrett was knowledgeable about the [3] water and the solid waste disposal. [4] Q Both Mr. Wheeler and Mr. Garrett reported to you [5] in the medical department? . [6] A Yes, they did. [7] Q Let's talk a little bit about Mr. Wheeler's [8] responsibilities. Did he join the medical department in [9] 1947? Am l right about that? [10] A Yes, sir. [11] Q Do you recall what his job title was at that [12] time? [13] A Yes. It was an industrial hygienist. He was [14] the sole one we had. Eventually, he became director of [15] industrial hygiene, but we had more than one industrial [16] hygienist. He also was - eventually he was called [17] assistant. He did not have a medical degree, so he was [18] called the assistant director of the department, but he [19] was not called assistant, medical director because he [20] didn't have an MD degree. But he administered, supervised [21] the toxicologists and the other industrial hygienists that [22] we hired. Page 42 [1] Q Mr. Wheeler was responsible, you said, for air [2] pollution matters? [3] A Well, I know that's a little all-encompassing [4] term, "air pollution matters." He was responsible for the [5] checking of the new plants and the mqjor remodeling. He [6] was responsible for seeing that the air pollution [7] streams - that the streams were taken care of, either by [8] flaring or by scrubbing, but he was not responsible for [9] the day-to-day operation of a plant to see whether there [10] was any undue emissions. [11] Q From the standpoint of the medical department, im lie was the air pollution man? Would that be fair? [13] A Yes. sir. [14] Q What were his other job responsibilities? [15] A Well, he supervised, from an administrative [16] point of view, our toxicological work. He also supervised [17] the industrial hygienists' schedules and their work. He [18] answered quite a bit of correspondence about the safe [19] handling data -- safe handling methods to be used as far as [20] the plant environment was concerned in our customers' [21] plants, as weQ as our own plants, obviously. [22] _____ Our customers' plants were only on request. We Page 43 [1] didn't routinely go out to the customers' plants. They [2] would let us in. It wasn't our responsibility. But on [3] requests - there were requests that would come in for [4] toxicological information of a medical nature; I would [5] answer it. If it were of an engineering nature or an [6] industrial hygiene nature, Wheeler would answer. But we [7] both were familiar with each other's correspondence. [8] Q Could you tell me the difference, Dr. Kelly, [9] between things you're describing of a medical nature and [10] things that were of an industrial hygiene nature? [11] A Yes. Suppose a doctor or customer would write [12] in and say we're uring one of your insecticides, how [13] should we handle it as far as protective garments for our [14] workers? How should we monitor it as far as our [15] manufacturing or blending operation would be concerned? [16] That would be Wheeler's. If somebody would write in and [17] say we've got two people who said they got heart attacks [18] and they believe that it's due to working with your [19] parathion, that would come to me because that would be [20] purely medical rather than engineeringwise. [21] Q So Mr. Wheeler reported to you, but his role in [22] the medical department was somewhat different than yours. Page 44 [1] Is that fair? [2] A Yes, sir. He was an expert in his field. I was [3] an expert in my field. [4] Q Would you say that Mr. Wheeler was highly [5] competent in his field? [6] A Oh, yes. He had been an industrial hygienist [7] for the Army laboratory. He was in charge of the state [8] bureau of industrial hygiene for one of the New England [9] states. I don't know if it was New Hampshire or Vermont. [10] It was not Massachusetts, but it was one of the other [11] ones. So he was very well thought of. He was eventually [12] president of the Industrial Hygiene Association of [13] America, so he was quite a well-known authority in [14] industrial hygiene. [15] Q And did you rely on Mr. Wheelerfor industrial [16] hygiene matters? [17] A Yes, sir. [18] Q Would you describe yourself as an expert on [19] industrial hygiene matters? [20] A I got more familiarity with it than most [21] physicians, but I'm not an expert on industrial hygiene. [22] _____ Q And do you consider yourself an expert on air_______ Page 45 [1] pollution? [2] A No, I'm not an expert on air pollution. P] Q Let's talk about Mr. Garrett. You said he [4] joined the medical department in 1952 or 1953? [5] A Yes, sir. [6] Q Where war he before that, sir? [7] A Texas City. [8] Q He was a Monsanto employee at Texas City? [9] A That's correct. [10] Q What's the last time you talked with [11] Mr. Garrett? [12] A Oh, two weeks ago. [13] Q Did you talk about his deposition in this case ? [14] A No. I talked to him about a different case. [15] Q Another Monsanto case? [16] A That's correct. [17] Q Have you ever discussed this case with [18] Mr. Garrett? [19] A I may have. I really don't recollect much of [20] any discussion with him about it. PI] Q By the way, is Mr. Wheeler still alive? 122]_______ A No, he's dead.____________________________________ Page 46 [1] Q When Mr. Garrett came to work in the medical P] department m St. Louis, did he report directly to you? P] A No, to Wheeler. [4] Q So Garrett reported to Wheeler and Wheeler [5] reported to you? [6] A That's correct. [7] Q How much direct contact did you personally have [8] with Mr. Garrett? [9] A Oh, gosh, I saw him every day. I ate lunch with [10] him every day. We were in an office around an open area [11] about the size of this table, and Wheeler's office opened [12] intn it and mine opened into it and Garrett's opened into [13] it. and I saw him - we had lots and lots of contact. [14] Q What were Mr. Garrett's job responsibilities m [15] connection wish water pollution and solid waste disposal? [16] A I didn't hear the last phrase, "job ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 40 to Page 46 WATER PCB-SD0000062446 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 0.54223.0 XMAXI8) [17] responsibilities" [18] Q Let me rephrase it for you. What were [19] Mr. Garrea's job responsibilities in connection with [20] water pollution and solid waste disposal? [21] A They varied. He was of assistance to the plants [22] in dealing with the various regulatory state and federal Page 47 [1] bodies. He was responsible for seeing and reporting to [2] the executive committee that the matter of water and solid P] waste disposal was takes care of adequately and all new [4] manufacturing facilities and mqjor changes. He was not [5] responsible for the day-to-day operation of the plants of [6] their water pollution abatement programs. That was a [7] plant function of the plant engineering and plant [8] manufacturing groups. [9] Q There would be people at each of the different [10] plant locations responsible for that? [11] AYes, sir. [12] Q But in terms qf the medical department, [13] Mr. Garrett was the water pollution and solid waste [14] disposal man? [15] A He was the point man for that, yes. [16] Q And he reported directly to Monsanto's executive [17] committee? [18] A He did? [19] Q Yes, sir. [20] A Garrett? No. I mean - well, he reported [21] through Wheeler and through me. I'm sure Garrett [22] reported - not reported, but was called in by members of Page 48 [1] the executive committee on an ad hoc atuation. He had [2] pretty close access to the executive group of Monsanto. P] Q Who war on the executive committee that you [4] referred to? [5] A The president, chairman of the board, the [6] general counsel and the vice president for manufacturing [7] and the vice president for research and the vice [8] president, I guess, for marketing. [9] Q Anybody else you can think of? [10] A There may have been some - there were about five [11] or six others. They had two committees, one corporate [12] development committee and one executive committee, and [13] they were really - the personnel were the same in both and [14] I don't really know what the difference was in their [15] duties, but that's about the - it was the top brass of the [16] company, though. [17] Q Did you serve on that committee, sir? [18] A No, I didn't, unfortunately. [19] Q What job responsibilities did Mr. Garrett have [20] other than those that you've mentioned? [21] A Well, I did mention that he was called upon by [22] the various plants for interpretation of various______________ Page 49 [1] government edicts and he was also called upon sometimes to [2] appear with them before state or federal bodies. 1 don't [3] know what some other responsibilities may come to my [4] mind. I'm not sure what other [5] Q Was he responsible for any industrial hygiene [6] matters like those that Mr. Wheeler handled? [7] A Yes, but then after a while, we got other [8] industrial hygienists, and he spent more of his time with [9] waste abatement programs. [10] Q Was Mr. Garrett highly competent at his job? [11] A Very much so. [12] Q Did you rely on him in the water pollution and [13] waste disposal areas'! [14] A Yes, I did. [15] Q You trusted his judgment on those matters? [16] A Yes, sir. [17] Q Do you consider yourself to have any expertise [18] in the area of pollution abatement or waste disposal1 [19] A Well, I have some but nothing compared to [20] Garrett, nothing compared to a man who is a geologist or [21] hydrologist. I'd say as far as a physician is concerned, [22] I'm fairly knowledgeable in it but nothing approaching the Page 50 [1] expect status. [21 Q Would it be fair to say throughout the time you P] were working at Monsanto, Mr. Garrett was the one who was [4] responsible for water pollution abatement and waste [5] disposal matters in the medical department? [6] A Well, wait. You've said responsble for water [7] pollution abatement in the medical department. What he [8] was responsible for was to assure the corporate management [9] through the medical department that the plants were giving [10] adequate and sufficient attention to seeing that their [11] waste disposal matters were state of the art, that they [12] were up to - that he was not - now, that was in new [13] installations. He was not responsible for checking the [14] Mississippi River to find out if the different plants [15] along the Mississippi River were putting anything in there [16] that they shouldn't have. That wasn't his [17] responsibility. That's the plant management's [18] responsibility. [19] But he would certainly talk with these people [20] and find out what they were doing. So from the medical [21] department, he was our conduit of information that could [22] convince us that the plants were up to scratch.______________ Page 51 [1] Q From the standpoint qf the medical department, PI he was the man on water pollution and waste disposal? P] A That's correct. [4] Q And that was true up until your retirement in [5] 1974? [6] A That's correct. [7] Q Dr. Kelly, we've been going for a while. Whv [8] don't we take a real short break. [9] A Okay. Fine. [10] (Recess.) [11] BY MR. MC CONNELL: [12] Q Dr. Kelly, I think you told me earlier it was [13] part of your responsibility as the medical director to [14] answer questions about the toxicity of chemicals used at [15] the Monsanto plants in Monsanto products? [16] A Yes, sir. [17] Q Did you keep up with the medical literature [18] about the toxicity qf those chemicals? [19] A Following myretirement? PO] Q No, sir. I'm talking about the time when you PI] were actively working as the medical director for the [22] company.___________________________________________________ Page 52 [1] A Yes, sir. P] Q And you followed the scientific studies that P] were being done on the toxicity of those chemicals? [4] A Yes, sir. [5] Q And did Monsanto sometimes conduct its own [6] toxicology tests? [7] AYes, sir. [8] Q I believe you've told me that there were some [9] toxicologists, at least in the later years, on Monsanto's [10] staff in the medical department? [11] A Yes, sir. We ended up with four, I think. [12] Q By the time you retired? [13] AYes, sir. [14] Q Did you also have toxicology tests conducted by [15] outside laboratories? [16] A Yes, sir. [17] Q And did you get information about the toxicity [18] of chemicals from other chemical companies? [19] AOther chemical pO] Q Other chemical companies. [21] A Oh, yes, there was a pretty free exchange. In [22] other words, if we had a product that was a me-too________ Page 53 [1] product, that means that du Pont would manufacture it P] before, 1 would call up the medical area in du Pont and P] say what do you know about this? Do you have any trouble [4] with it? Do you have any published data on it? And he [5] would tell me the same thing we would do for him, so we'd [6] get that information. And then there were the various [7] bodies like the Manufacturing Chemists Association that Page 46 to Page 53 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062447 BSA Depo of R. Emmet Kefly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAXI9) [8] had medical committees that (fissaninated information. [9] Q Can you tell me some of the major chemical [10] companies that you dealt with exchanging information about [11] toxicity? [12] A Dow, du Pont, Carbide. There may be one or two [13] others. Those are the ones that ring a bell. [14] Q Viose are the major ones that you dealt with? [15] A Well, I was on their medical committee of the [16] Manufacturing Chemists Association for quite a number of [17] years. I was chairman for about three or four years and [18] so the personnel of that committee would vary - would [19] change from over the years, so I was pretty close to all [20] the medical directors of that group. [21] Q What is the Manufacturing Chemists Association, [22] sir?________________________________________________________ Page 54 [1] A It's a different name now, but it was a group of [2] all the major and submqjor chemical companies. There are [3] about 50 members, I believe, and they have an office in [4] Washington, and they put out safety bulletins and they put [5] out - they have all sorts of legal committees. They've [6] got traffic committees. They've got labeling committees. [7] They've got aD sorts of committees and medical [8] committees. [9] Q During what years were you on the medical [10] committee for Manufacturing Chemists Association? [11] A '50s and '60s, I guess. [12] <2 Was tluu organization referred to as the MCA in [13] those days? [14] A That's right. [15] Q It's now know as die Chemical Manufacturers [16] Association? [17] A Yes. [18] Q Would it be fair to say. Dr. Kelly, that during [19] the '50s and '60s, you kept up with the state of the art [20] on toxicity? [21] A Also the '70s,yes, sir. [22] _____ Q l didn `t mean to exclude the "70s. Throughout________ Page 55 [1] that time period. [2] A Yes, sir. [3] Q Did Mr. Garrett keep up with the scientific [4] literature during the '50s and '60s on water pollution and [5] waste disposal? [6] A Oh, yes, he was a voracious reader. He came up [7] with them. He was very active in any number of regional [8] water pollution activities like the Ohio River, ORSANCO. [9] I don't know what the initials spelled but it was the Ohio [10] River Sanitary Water Commission or something like that. [11] Q Did you personally keep up with the scientific [12] literature during those years on water pollution and waste [13] disposal, or did you leave that to Mr. Garrett? [14] A I left it to Garrett. [15] Q Was Mr. Garrett active in the Manirfacturing [16] Chemists Association in their activities? [17] A Yes, on their water pollution committee. He was [18] a good joiner of it. He was on most of the committees. [19] Q So during those years, would it be fair to say [20] that Mr. Garrett was familiar with the state of the art on [21] water pollution and waste disposal? [22] _____ A No question about it.________________________________ Page 56 [1] Q Did Mr. Garrett write published scientific [2] articles from time to time? [3] A Yes, he did. [4] Q And he presented papers at scientific meetings? [5] A Yes, he did. [6] Q Was there a policy at Monsanto that required him [7] to get approval from you or from Mr. Wheeler before [8] publishing an article? [9] A No. I don't know if there was a policy, but he [10] neverasked me. I mean, I nevereven knew he wasgoing to [11] writeone. So I don't know ifthere's anyother policy in [12] any other departments but if he was going to write [13] something, he wrote it [14] Q Do you know whether Mr. Wheeler would have [15] reviewed those before publication ? [16] A I don't know. [17] MR. MC CONNELL: Dr. Kelly, let me show you a [18] document which we will mark as Kelly Exhibit 2. [19] (Kelly Exhibit 2 identified.) [20] BY MR. MC CONNELL: [21] Q Do you have that in front of you now, Dr. Kelly? [22] A Yes, 1 do.______________________________________ Page 57 [1] Q Is this an organizational chart for Monsanto's [2] medical department from April 1962? [3] A Yes, it is. [4] Q And you see you 're in the very top box listed as [5] the director? [6] A Yes, ar. [7] Q And there's an assistant director in the box [8] right below your box. Who is that, sir? [9] A Maurice Johnson. He left us in 1971, I believe, [10] to go with B.F. Goodrich. He's retired from B.F. Goodrich [11] now and lives in Ohio, and he is living. [12] Q Was he a medical doctor, sir? [13] A Yes, he was. [14] Q What were the nature of his responsibilities at [15] that point in time? [16] A Well, he came to us from Chemstrand, which was [17] our fiber division, and he really - he was our medical [18] director and he continued that supervision over those [19] plants. There were about five or six plants that they [20] had, two in Europe and five in the United States, and then [21] he - most of my activities, I mean. When I was out of [22] town, he was the acting director. He did a lot of work Page 58 [1] similar to me. [2] Q Did he have any responsibility for water P] pollution or waste disposal matters? [4] A I don't know if it was that defined. I would [5] say, by and large, no. [6] Q His job was more similar to your job? [7] A That's correct. [8] Q And l want to make sure 1 understood you P] correctly. The name you gave for the seven plants that he [10] was directly responsible for was Chemstrand? [11] A Chemstrand. Chemstrand was a company that was [12] formed by Monsanto and American Viscose and eventually we [13] bought out American Viscose. And he was their medical [14] director and he came with us, I think, in 1956, I believe, [15] or around the late '50s. [16] Q Did the Chemstrand plants have anything to do [17] with the operations at Monsanto's Texas City plant? [18] A I'm sorry, I didn't hear you. [19] Q Did the Chemstrand plants have anytlung to do [20] with the operations at Monsanto's Texas City plant? [21] A Well, we used their acrylonitrile. [22] Q The acrylonitrile was made at the Texas City Page 59 [1] plattt? [2] A That's correct. P] Q And it was shipped to the Chemstrand plants? [4] A Spun it to acrOan, a-c-r-i-l-a-n. [5] Q Were there any other products made by [6] Chemstrand? [7] A Nylon. [8] Q Nylon didn't have anytlung to do with the Texas P] City plant? [10] A No. [11] Q Were there any other Chemstrand products you [12] recall? [13] A I don't remember. I don't think so. [14] Q Let's go back to the chart, Dr. Kelly. Do you [15] see on the chart that Elmer Wheeler is listed as the [16] manager of environmental health; is that right? [17] A Yes, sir. [18] Q And below him, Mr. Garrett is listed as the [19] manager of industrial hygiene and pollution abatement; is [20] that correct, sir? [21] A Yes, sir. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 53 to Page 59 WATER PCB-SD0000062448 BSA Depo of R. Emmet KeDy MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(IO) [22]________Q And were there other people at this paint in___________ Page 60 [1] time, 1962, who reported to Mr. Garrett? [2] A I think we had a Dr. Carl Bold, B-o-b-1. He was [3] a doctor of science. He was not an MD. I don't know when [4] he came on board, but it was around that time. These [5] charts - as I said, there was an upheaval every seven [6] years or so, and the titles would vary. First of all, [7] they would say we're not going to have anybody - a [81 director that - there'd be all managers and seven years [9] later they'd say wed, we're going to have some directors [10] reporting to directors. So Wheeler was also - one of the [11] charts would break it down to - they all reported in the [12] same fashion here but they had different titles. Wheeler [13] was an assistant director of the department and Johnson [14] was called assistant medical director. [15] Q And when you say the tides changed, it was true [16] that Mr. Wheeler remained in the medical department. He [17] might have had a different title, but his job junction [18] remained essentially the same? [19] A Yes, his reporting postion was the same, also. [20] Q And the same would be true of Mr. Garrett? [21] A Yes, sir. [22] _____ Q In the box next to Mr. Garrett, there's another________ Page 61 [1] box with the name W.H. Hunt, and he's listed as [2] toxicologist. When did he join the company? [3] A I beg your pardon? [4] Q When did he join the company? [5] A I think around 1960. He's dead. He was [6] responsible for correlating our outside toxicological work [7] with various laboratories we used. [8] Q Were there other toxicology people who reported [9] to Mr. Hunt in 1962? [10] A I don't think so. Eventually, we had, I think, [11] four toxicologists, but I don't know when they came on. [12] The last one came on in about '71, and the other two were [13] in there someplace, 1960, 1970. [14] Q And just to round out the chart, if you look at [15] the left, there's also a block for general offices [16] dispensary? [17] A Yes, sir. [18] Q And there's a Dr. Mezera listed there? [19] A Yes, sir. [20] Q And there's another block for plant medical [21] dispensaries. There are no names there. [22] _____ A WeD, that probably should be a dotted line__________ Page 62 [1] because they were not - we had a full-time doctor at the [2] Queeny Plant. We had three full-time doctors at our [3] Chemstrand plant but they were not medical department [4] personnel. So it really should be a dotted line. [5] Q So leaving aside the plant medical dispensaries [6] for the moment, Dr. Kelly, Itow many doctors and other [7] professional personnel did you have in the medical [8] department at the corporate level in St. Louis in 1962? [9] A I don't remember. I mean, obviously we had [10] these people and whether we had some of our - some more [11] industrial hygienists in 1962, I'm not sure. When [12] Dr. Carl Bohl came in, I know we didn't get a [13] toxicologist, a second one, until later in the '60s. We [14] had one, two, three, four - we had about eight [15] professional people there. [16] Q Atui do you recall, at the time you retired in [17] 1974, how matxy professional people were working in [18] Monsanto`s medical department at the corporate level in [19] St. Louis? [20] A One, two, three - about 12 or 13,1 think. [21] Q If you added in the people ui the plant medical [22] dispensaries and counted those as well, wiutt would the Page 63 [1] number be? [2] A Gee, I'd have to - right off the top of my head, [3] I couldn't give you those figures because we had a [4] full-time doctor - there's our friend. [5] MR. MC CONNELL: Let the record reflect that the [6] window washer has returned. Would you like to break for [7] just a moment, Dr. Kelly? [8] THE WITNESS: Fine. [9] (Discussion off the record.) [10] BY MR. MC CONNELL: [11] Q Dr. Kelly, once again, the window washer, I [12] think, has interrupted our train of thought and I'll ask [13] the reporter to go back and read the last question and [14] give you a fair chance to answer it. [15] (The reporter read the record as requested.) [16] THE WITNESS: At the corporate level, probably [17] 12 to 14, I think. We had a librarian in there, and I [18] guess 12 to 14. [19] BY MR. MC CONNELL: [20] Q That's at the corporate level, not counting the [21] plant dispensaries? [22] _____A That's correct._________________________________ Page 64 [1] Q Do you have arty idea how many doctors and other [2] professional people would have been involved in the plant [3] dispensaries? [4] A I'd have to add them up. For example, at [5] Pensacola, we had three full-time doctors. At Decatur we [6] had one. At Anniston we had one. At Columbia, Tennessee [7] we had two part-time doctors. At Texas City, we used a [8] clinic and at Chocolate Bayou we had two part-time [9] doctors. And at Springfield, we had a full-time doctor. [10] At Merrimac we had a part-time doctor. At Krummrich we [11] had two part-time doctors. There are probably some I've [12] forgotten. [13] Q You had a substantial tutmber of doctors on the [14] staff? [15] A Yes, no question. [16] Q We talked about Mr. Hunt, the toxicologist. [17] What were his credentials, sir? Was he an MD? [18] A He was a PhD. [19] Q Do you know in what field? [20] A I beg your pardon? [21] Q In whatfield? [22] ____ A Pharmacology. He was a toxicologist at Johnson Page 65 [1] & Johnson, the pharmaceutical company, when he came with [2] us. [3] Q The doctors at the Texas City plant, sir, could [4] you tell me what arrangements there were at Texas City. [5] A It was a Beefer-Manske, B-e-e+e-r-M-a-n-s-k-e, [6] clinic. Dr. Manske was our main individual who visited [7] the plant. He was one of the founders of the clinic. [8] Q Were there other doctors who also helped [9] Dr. Manske there? [10] A Yes. Beeler, he was mainly the surgeon and they [11] had three or four other physicians who were - they might [12] have come over to our place in an emergency or we would [13] send our people over to the clinic. [14] (Pause.) [15] (Whereupon, at 12:00 p.m., the deposition was [16] recessed, to be reconvened at 1:00 p.m. this same day.) [17] [18] [19] P0] PI] [22]_____________________________________________ Page 66 [1] AFTERNOON SESSION (1:06 p.m.) [2] Whereupon, [3] R. EMMET KELLY [4] resumed the stand and, having been previously duly sworn, [5] was examined and testified further as follows: [6] EXAMINATION (Continued) [7] BY MR. MC CONNELL: m Q I see you're setting your watch, Dr. Kelly. [9] We'll give you a minute. [10] A Consider it set. [11] Q I'd like to talk with you this afternoon, [12] Dr. Kelly, about some of the chemicals that were used at Page 59 to Page 66 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062449 BSA Dcpo of R. Emmet Kefly MONSANTO V AltNA January 27, 1993 Cr.54223.0 XMAX(ll) [13] Monsanto's Texas City plant. What is hydrogen cyanide, [14] Dr. Kelly? [15] A It's one molecule of hydrogen and a cyanide [16] molecule, which is carbon and nitrogen. HCN. [17] Q The chemical symbol for that is HCN? [18] A HCN, [19] Q And is that a chemical that was used at the P0] Texas City plant, sir? PI] A Yes, sir. [22]_______ Q What wasit used for?______________________________ Page 67 [1] A I don't remember now. I say I do not remember P] now. I think it was used in the manufacture of [3] acrylonitrile. I don't remember the exact use of it or [4] the flow sheet of the acrylonitrile plants. [5] Q But it was used in the acrylonitrile process? [6] A In the what? [7] Q It was used in the acrylonitrile manufacturing [8] process? [9] A That's correct. Yes. [10] Q Would it be fair to say that hydrogen cyanide is [11] an extremely toxic chemical? [12] A Yes, no question. Used for death chambers. [13] Q It's used for executions? [14] A Yes. [15] Q Kills within minutes? [16] A Yes. [17] Q Was therehydrogen cyanide contamination in some [18] of the waste materials from the acrylonitrile process at [19] the Texas City plant? [20] A Well, 1 can't answer that, whether that was the [21] hydrogen cyanide was combined with other chemicals or [22] not. 1 just cannot answer that but I'm sure there was Page 68 [1] some hydrogen cyanide, either in pure form or combined P] form, in some of the waste streams, yes, sir. P] Q Was the toxicity of hydrogen cyanide known in [4] the 1940s? [5] A Yes, sir. [6] Q 1930s? [7] A Yes, sir. [8] Q Known to you at those times? [9] A I beg your pardon? [10] Q Was it known to you at those times? [11] A Yes, sir. [12] Q And known to Monsanto? [13] A Yes, sir, it was known. [14] Q What is cyanogen chloride, Dr. Kelly? Let me [15] spell that for you, c-y-a-n-o-g-e-n, c-h-l-o-r-i-d-e, two [16] words. [17] A It has a cyanide molecule with a chlorine atom; [18] with one or two chlorines, I don't remember. [19] Q Atul it's a chemical that's related to hydrogen [20] cyanide? [21] A Yes, it was one of the - hydrogen cyanide was [22] one of the building blocks of cyanogen chloride.____________ Page 69 [1] Q That's a chemical that was used at the Texas [2] City platu? P] A To the best of my recollection, yes. I don't [4] recall too much about it at the present date. [5] Q Do you remember there was a cyanogen chloride [6] off-gas from one of the acrylonitrile processes at the [7] plant? [8] A 1 don't remember. [9] Q How toxic is cyanogen chloride. Dr. Kelly? [10] A Not nearly as toxic as hydrogen cyanide, but I [11] can't give you the relative toxicity of it. [12] Q Do you know whether cyanogen chloride was used [13] in manufacturing military war gases? [14] A I'm not sure. I think I recall something about [15] it, but the war gas - my experience with war gases was 50 [16] years ago. [17] Q Yes, sir. That would have been during World War [18] II? [19] A Yes, sir. [20] MR. MC CONNELL: Let me show you a document, PI] Dr. Kelly, that we will mark as Kelly Exhibit 3. [22]_______ (Kelly Exhibit 3 identified.)__________________________ Page 70 [1] BY MR. MC CONNELL: P] Q Dr. Kelly, do you recognize this as a memo that P] you received from John Fox about April 11, 1957? [4] A Well, I certainly received it from John Fox. [5] Q And it's dated April 11, 1957? [6] A That's correct. [7] Q It's on a Monsanto Chemical Company letterhead? [8] A Yes, it is. [9] Q Who was John Fox? [10] A He was sort of research/safety/industrial [11] hygiene, sort of an unfrocked industrial hygienist at [12] Texas City. He was an an ployee of Texas City. I think he [13] was part research, part safety, part industrial hygiene. [14] Q If I could direct your attention to the first [15] paragraph of the memo, Dr. Kelly, Mr. Fox says "As you [16] know, we have a unit in the pilot plant where we are [17] making cyanuric chloride. " Do you see that, sir? [18] A Yes, sir. [19] Q And further down, he points out that "we are P0] getting ready to start collecting the cyanogen chloride [21] off-gas for recycle to the unit. " Do you see that, sir? [22] A Yes, sir.__________________________________________ Page 71 [1] Q And does that refresh your memory tluu there was [2] a cyanogen chloride off-gas from the process? P] A No, sir, it doesn't. [4] Q And looking - you just don't remember one way or [5] the other? [6] A I don't remember. It was a pilot plant [7] operation. I don't know if it ever went to full scale [8] manufacturing or not. I don't know. I don't remember. [9] Q If we wanted to know about that, we might be [10] able to ask Mr. Fax? [11] A I beg your pardon? [12] Q If we wanted to know about that, we mig/u be [13] able to ask Mr. Fox? [14] A Sure. He ought to remember it better than I. [15] Q And Mr. Fox goes on to say that he'd like to [16] collect all available information on cyanogen chloride; is [17] that correct, sir? [18] A Yes, sir, that's what he asks for. [19] Q He goes on to talk in the second paragraph about [20] some source materials that he's been looking at and the [21] first one he rffers to is a book called "Handbook of P2] Dangerous Materials' by Sax. Do you see tluu. Dr. Kelly? Page 72 [1] A Yes, I do. P] Q Is that a reference that Monsanto used in the P] 1950s at the time we're talking about? [4] A It may be. Some individuals at Monsanto used [5] it, but I do not believe that Sax was accepted as a [6] top-drawer expert on toxicity. His handbook, which went [7] through several editions, was more popular with the [8] nonsdentific community than it was with the scientific [9] community. [10] Q It looks like Mr. Fox was using the Sax [11] reference here, doesn't it? [12] A Yes, it does. [13] Q Let's take a look at the next one, a book called [14] "Industrial Hygiene and Toxicology" by Patty. Are you [15] familiar with that, sir? [16] A Yes. Patty was a well-known industrial [17] hygienist at one of the states. I don't know if it was [18] the Midwestern or New England states. [19] Q Would you regard that as an authoritative P0] source? [21] A It all depends. I don't know the entire details P2] on it, and I'd have to - I couldn't say I accepted it as a Page 73 [1] reference in toto. It may have errors when it's dealing [2] with some of the compounds, but I don't recaU. P] Q Was it a work that you used on occasion in your ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 66 to Page 73 WATER PCB-SD0000062450 BSA Depo of R. Emmet Kefly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAXIL2) [4] work as the medical director for Monsanto ? [5] A Oh, we had it, I think. I didn't use it too [6] much. I think Wheeler used it more than anybody else in [7] the departmait. [8] Q Wheeler worked for you in the medical (?] department? [10] A Yes, that's correct. [11] Q Do you know whether Wheeler used the "Handbook [12] of Dangerous Materials " by Sax? [13] A I know he didn't give it a great deal of [14] respect. [15] Q There's another reference here called "The [16] Chemistry of Organic Cyanogen Compounds "by - you might [17] have to help me with this, Mugerditchian? [18] A I can't help you with it. I never heard of it [19] before. On the document this is spelled [20] M-i-g-r-d-i-c-h-i-a-n. [21] Q You've never heard of this particular reference [22] before? Page 74 [1] A No, I have no recollection of it. [2] Q Skipping down, it looks like Mr. Fox says in his [3] memo "Since this material was used in the manufacture of [4] military war gases, are there any government booklets [5] available from the Army Chemical Corps? " Does that ring a [6] bell with you that during the war the military had [7] experimented with the use of cyanogen chloride as a [8] military war gas? [9] A 1 remember something vaguely about it but I [10] don't remember any of the details. It was not a very [11] prominent war gas. Of course, we didn't use any war gases [12] in World War II and whether they manufactured it - I know [13] they didn't manufacture it at Pine Bluff. They may have [14] manufactured it at Edgewood. Edgewood had sort of a [15] research group as wefl as a manufacturing group, but I [16] don't recall anything from my year at Edgewood about [17] cyanogen. I do recognize the name but I don't recognize [18] any more about it than that. [19] Q Would you agree that it's a toxic material? [20] A Frankly, I'm not in the position to evaluate [21] right at present. [22] ______ Q You just don V know one way or the other? Page 75 [1] A One way or the other. When you say "toxic," [2] what are your parameters for toxicity? [3] Q Do you remember [4] A It shouldn't be a household compound, I'D say [5] that. You wouldn't want it in your kitchen, I don't [6] think. [7] Q Or your drinking water? [8] A Well, I don't know - it depends on the level. [9] Q You wouldn't put it in your coffee? [10] A Are we talking about a drop or five [11] tablespoonsful? I don't think it's intended for coffee. [12] It's certainly not a food chemical. [13] Q Do you remember whether there was a concern at [14] the time about the exposure of the Monsanto workers to [15] cyanogen chloride? [16] A No, sir, I don't remember any such concern. [17] Q You don 7 remember one way or the other? [18] A I don't remember hearing any. [19] Q But you did receive this memo from Mr. Fox? [20] A 1 can't hear you. [21] Q You did receive this memo from Mr. Fax? [22] A Oh,certainly. It was it was a concern on John Page 76 [1] Fox's part. [2] MR. MC CONNELL: Could you read back to me. [3] (The reporter read the record as requested.) [4] BY MR. MC CONNELL: [5] Q If you look at the next paragraph of Mr. Fox's [6] memo, he says "Our possible sources of major exposure will [7] be to the toluene solvent, which will contain up to a [8] maximum of 10 percent dissolved cyanogen chloride, and to [9] the gas itself." Does that refresh your memory that there [10] was going to be a worker exposure to cyanogen chloride in [11] the toluene solvent? [12] A No, because again, this is a pilot plant [13] operation, and I don't know how large it was, how long it [14] ran or whether it was discontinued after months or whether [15] it was an ongoing installation. I just don't know. [16] Q So you realty don't remember this issue about [17] cyanogen chloride one way or the other? [18] A I don't remonber much about it at all. [19] Q At we sit here today, you can 7 remember what [20] you knew in 1957 about the toxicity of cyanogen chloride? [21] A That's correct. [22] _____ Q Before we leave this memo, do you see the___________ Page 77 [1] reference to "toluene solvent" that we've just been [2] talking about, sir? [3] A Yes, sir. [4] Q Was toluene a chemical that was used at the [5] Texas Gey plant? [6] A When it was used there, whether it was separated [7] from benzole, which came from the stream from the oil [8] refineries, I don't know. They certainly bad it in the [9] plant. Whether it was used in the manufacturing, I don't [10] recall. [11] Q But it was certainly present at the Texas Gty [12] plant? [13] A It was what? [14] Q It was certainly present at the Texas City [15] plant? [16] A Yes. [17] Q Were there occasions, Dr. Kelly, where Monsanto [18] workers were injured in cyanide spills? [19] A Were there occasions when Monsanto workers were [20] what? [21] Q Were injured in cyanide spills. [22] _____ A In cyanide -_______________________________________ Page 78 [1] Q Spills. [2] A Exposure? P] Q Spills. Let me start over and I'll see if l can [4] speak up a little bit. Were there times when Monsanto [5] workers were injured in cyanide spills? [6] A Not that I recall. I don't think there were. [7] Our plant was an outside plant without walls and we had [8] suitable antidotes for cyanide, and I don't recall having [9] to use it at all, these antidotes. [10] MR. MC CONNELL: Let me show you a document. [11] Dr. Kelly, which we will mark as Kelly Exhibit 4. [12] (Kelly Exhibit 4 identified.) [13] BY MR. MC CONNELL: [14] Q If you'd like to take a moment and look that [15] over. Dr. Kelly. [16] A Yes, I will. [17] Q Have you had a chance to look that over, [18] Dr. Kelly? [19] A I beg your pardon? [20] Q Have you had a chance to look that over? [21] A I'm halfway through. [22] ____ Q Take your time.______________________________________ Page 79 [1] A Yes, sir, I've read it. [2] Q Is this a letter that you got from Otto Smith in P] 1970, sir? [4] A Yes, it is. [5] Q It's dated September 28, 1970? [6] A Yes, sir. [7] Q And Otto Smith - who was Otto Smith? [8] A He was one of the physicians at the [9] Beeler-Manske clinic. [10] Q And he did work for Monsanto at the Texas City [11] plant? [12] A Well, he was a member of the staff at [13] Beeler-Manske. And as 1 said before, the two principal [14] members of that staff that came over were Manske and [15] Beeler, but Smith came over at some times, and he [16] certainly filled - any one of them would fin in on a [17] purchasing basis. Page 73 to Page 79 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062451 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(13) [18] Q Would you read the first sentence of the letter [19] for us. Dr. Kelly? [20] A "We are still seeing the workmen who were [21] iqjured in the cyanide derivative spin." [22] ______ Q Do you remember that spill now, Dr. Kelly?_________ Page 80 [1] A No, I don't. [2] Q Do you remember receiving this letter from Otto P] Smith? [4] A Now I do. [5] Q There had been a spill and some of the plant [6] workers had been injured by the cyanide materials? [7] A Yes, sir. [8] Q Do you remember how many workers were injured in [9] that spilt, sir? [10] A No, sir, although he mentions - he mentioned [11] five. [12] Q In the third paragraph, Dr. Kelly, Dr. Smith [13] tells you it's interesting that all seemed to have [14] cerebral signs and symptoms. They, of course, were [15] cyanotic. What does "cyanotic" mean? [16] A They're blue. They don't have enough oxygen and [17] that's noticeable in a peripheral circulation. [18] Q Is that a typical symptom of cyanide poisoning? [19] A Yes, it is. [20] Q And what does the phrase "cerebral signs and PI] symptoms" mean, Dr. Kelly? [22]________A Wefl, a sign is something that physically is an______ Page 81 [1] objective occurrence. In other words, cyanosis is a [2] sign. Symptom might be a headache or unconsciousness. P] Q And is that typical with cyanide poisoning? [4] A Yes, sir. [5] Q Further down in that paragraph there's a [6] reference to "wild thrashing, purposeless movements. " Do [7] you see that, sir? [8] A Yes, sir. [9] Q Is that typical of cyanide poisoning? [10] A I would say so. It certainly could happen when [11] you're unconscious and when you don't have enough oxygen. [12] Q I think we can put that aside now. [13] A I think it should be noted that the fourth [14] paragraph where he says 1 have had occasion to use oxygen [15] on two cases this year. Neither of which was at all [16] related to exposure to cyanide or any cyanide derivative. [17] Q You don't interpret that as relating to the five [18] worker poisonings we were talking about? [19] A No. [20] Q Those were other patients seenat theclinic? [21] A Those were private cases of his. One was a [22] young giri and the other was a person who had a stroke. Page 82 [1] Q Not related to the cyanide spill we were talking [2] about? P] A That's right. That's correct. [4] Q Dr. Kelly, wfuu is AN catalyst tar? It's not on [5] the exhibit. [6] A What is [7] Q What is AN catalyst tar? [8] A Spell the rest of it. AN [9] Q Catalyst, c-a-t-a-l-y-s-t, tar. [10] A I don't know. I'D have to write that down and [11] look at it. [12] Q I can help you out, Dr. Kelly, because it [13] actually appears in a letter that you wrote. Let me show [14] you a document that we 'll mark as Kelly Exhibit 5. [15] (Kelly Exhibit 5 identified.) [16] BY MR. MC CONNELL: [17] Q Do you recognize this as a memo that you wrote [18] on July 3, 1952, Dr. Kelly? [19] A Well, I certainly wrote it, and the date was [20] July the 3rd, 1952. [21] Q Is this your signature at the bottom of the [22] page?_______________________________________________________ Page 83 [1] A Yes, it is. P] Q And it's a memo to Mr. J.R. Mares, M-a-r-e-s, at p] Texas City? [4] A That's correct. [5] Q And right beside the subject line on the memo it [6] says "AN catalyst tar. " What is AN catalyst tar, [7] Dr. Kelly? [8] A It's a mixture of - AN is acrylonitrile. [9] Catalyst is an additive that was used to make [10] acrylonitrile. They had various catalysts. The tar is [11] what was the chemical composition that remained in the [12] distillate column after the ANwas manufactured. [13] Q Could the tar beknown as still bottoms or heavy [14] ends? [15] A Yes, sir. [16] Q What catalysts were used in the acrylonitrile [17] process at Texas City, Dr. Kelly, do you know? [18] A I don't remember them. I think they were [19] butylenes. There were various catalysts but I don't know P0] them now. PI] Q Dr. Kelly, looking at the first sentence of your P2] memo, you say "Some time ago you requested toxicity tests Page 84 [1] on the AN catalyst tar. ` Do you see that? P] A Yes, sir. P] Q And Monsanto had conducted some testing by the [4] time you wrote this memo? [5] A Yes, sir. [6] Q And looking again at your memo, the first page [7] of this exhibit, you reported that the AN catalyst tar is [8] moderately toxic? [9] A Yes, sir. [10] Q Was that a true statement at the time? [11] A Yes, sir. [12] Q Monsanto knew in 1952 that the AN catalyst tar [13] was moderately toxic? [14] A Yes. You have to remember that's by [15] classification. Other people may have different [16] classifications as far as toxicity was concerned. There [17] were no set standards, like boiling point, vapor pressure [18] and stuff like that. [19] Q Some people might think it was more toxic? P0] A Some might think it was less. PI] Q Your opinion is it was moderately toxic? p2]________ A That's correct._________________________________ Page 85 [1] Q And that was your opinion at the time in1952? P] A That's correct. P] Q Let me ask you to look at the third pageof this [4] exhibit, Dr. Kelly, under "discussion, " second paragraph. [5] A Yes, sir. [6] Q Is this part of the laboratory report on the [7] toxicity testing that was done? Is this part of the [8] laboratory report that was done on the toxicity testing? 19] A Yes, it is. [10] Q Would you read the part of that report that [11] begins at "autopsy. " [12] A Yes, sir. [13] Q Would you readthat for us? [14] A Yes, sir. Did I read it or will I read it? [15] Q Would you. [16] A "At autopsy there were instances of spotted [17] livers suggesting possible dysfunction of that organ. [18] Otherwise, the viscera appeared normal by microscopic [19] examination." P0] Q In 1952 when you had this study done, Monsanto PI] knew that the AN catalyst tar could cause liver P2] dysfunction?____________________________________ _________ Page 86 [1] A Well, we didn't know that and that's really - if [2] you're taking acute tests and animals die in 12 to 24 P] hours, you really don't have time for any pathology to [4] show up. So this laboratory technician is looking at the [5] liver. It says spotting. I don't know what that means. [6] A microscopic examination of an acute toxicity test [7] doesn't tell you much, and I don't think I would put any [8] credence, plus or minus, in that second sentence. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 79 to Page 86 WATER PCB-SD0000062452 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(14) [9] Q And by the second sentence you mean "otherwise, [10] the viscera appeared normal " [11] A No, the whole paragraph. "At autopsy there were [12] instances of spotted livers." I don't know what that [13] means. I don't know whether that occurred at the last [14] stages of the animal. After all when an animal has died [15] from an overdose of a compound, things happen in the [16] morphology of it and you get spotted livers from [17] collections of blood or collections of bfle or God knows [18] what. [19] Q And this was a test to determine the minimum [20] lethal dose of AN catalyst tar; is that correct? [21] A That's correct. [22] ______MR. BRAY: Excuse me. 1 object. I'm sure this_____ Page 87 [1] is unintentionally misleading, but you left something [2] rather significant out of that question. [3] MR. MC CONNELL: I object to your coaching. If [4] you have an objection [5] MR. BRAY: It's a misleading [6] MR. MC CONNELL: It's not a misleading question. [7] MR. BRAY: It's terribly misleading. [8] MR.MC CONNELL: And I object to yourcoaching. [9] MR. BRAY: You left something out of what you [10] purported to read and 1 can't believe you're intentionally [11] doing it but if you are, I'm going to let it sit with [12] that. [13] MR. MC CONNELL: Jack, first of all, I didn't [14] intentionally leave anything out, and secondly, I don't [15] think [16] MR. BRAY: Why don't you put in the simple [17] fact[18] MR. MC CONNELL: No, Jack. I object to the [19] coaching and if you persist in this, we'll seek an order [20] from Magistrate Rubenstein. [21] MR. BRAY: You can go ahead because this is [22] potentially outrageous to read something like that.____________ Page 88 [1] MR. MC CONNELL: What is outrageous is your [2] deliberately and directly violating the Court's order. [3] MR. BRAY: You're looking at something and [4] intentionally leaving it out of your question, even though [5] you're both looking at it, to make the transcript appear [6] worse than it will be. [7] MR. MC CONNELL: No, sir, your objection is on [8] the record and I object to anything else. [9] MR. BRAY: You heard my objection. [10] THE WTTNESS: May I have the question over. [11] MR. MC CONNELL: Let's read the question back. [12] (The reporter read the record as requested.) [13] BY MR. MC CONNELL: [14] Q Is that correct, Dr. Kelly 7 [15] MR. BRAY: Same objection. [16] THE WITNESS: That was the question. That was [17] not the title of this. It's for laboratory rats and the [18] oral dose for laboratory rats. [19] BY MR. MC CONNELL: [20] Q Let's breakit down, then. The title or subject [21] of the test is the "Minimum lethal oral dose of [22] acrylonitrile catalyst tar, Monsanto lot number H 335, for Page 89 [1] laboratory rats in New Zealand white rabbits"; is that [2] correct, sir? [3] A Yes, sir. [4] Q That's the fill title of the report. Was the [5] purpose of the test to determine the minimum lethal dose [6] for those animals? [7] A Yes, sir. [8] Q And the laboratory that did the test for you [9] reported tluu there was possible dysfunction of the liver; [10] is that correct? [11] A Suggested possible dysfunction. [12] Q Do you remember. Dr. Kelly, there were [13] discussions about the soot from the acetylene process at [14] the Texas City plant back in the 1950s? [15] A Yes, sir. [16] Q The acetylene process was die process used at [17] the Texas City plant? [18] A Yes, sir. [19] Q And hus it part of the acrylonitrile [20] manufacturing process? [21] A Was it what? [22] _____ Q Was the acetylene process part of the________________ Page 90 [1] acrylonitrile manufacturing process there? [2] A It was one of the feedstocks or the building [3] blocks for it. [4] Q For acrylonitrile? [5] A That's correct. [6] Q Do you remember discussing the possibility diat m the acetylene soot would cause cancer? [8] A Was wtaat? P] Q Do you remember discussing the possibility diat [10] die acetylene soot would cause cancer? [11] A What was the last word? [12] Q Cancer. [13] A Cancer? [14] Q Yes. [15] A That the soot was cancer - or carcinogenic, or [16] what are you asking me? [17] Q I'm asking you whether, back in die 1950s, you [18] can remember discussing the possibility that die soot from [19] the acetylene process was carcinogenic? [20] A I may have. I don't remember. [21] Q What does the word "carcinogenic" mean? [22] _____ A The possibility of causing the occurrence of________ Page 91 [1] cancer in laboratory animals or in the human animal. [2] Q If a material is carcinogenic, that simply means PI it causes cancer? [4] A Ft all depends what species you're talking [5] about. It may be carcinogenic for rats and not [6] cardnogonc for humans. [7] Q But it means it causes cancer in something, [8] doesn't it, Dr. Kelly? P] A Yes, sir. [10] Q Do you remember that die Union Carbide medical [11] stqff believed that the acetylene soot could cause cancer [12] in workers? [13] A I don't remember that. They may have told me. [14] I don't know. [15] MR. MC CONNELL: Let me show you a document [16] which we'll mark as Kelly Exhibit 6. [17] (Kelly Exhibit 6 identified.) [18] BY MR. MC CONNELL: [19] Q Do you recognise this as a letter diat you [20] received from either H.K Eckert or E.K Eckert? [21] A H.K. Eckert, yes, I do. [22] _____ Q Eckert is E-c-k-e-r-t. Who was Mr. Eckert?__________ Page 92 [1] A He was a plant manager at Texas City. [2] Q Monsanto's plant manager? P] A That is correct. [4] Q This is a letter that's dated March 14, 1956? [5] A Yes, sir. [6] Q You received this from Mr. Eckert at about diat [7] time? [8] A Yes, sir. P] Q Do you see in the very first paragraph [10] Mr. Eckert says "Mr. Dunlop asked me to convey to you some [11] uiformation he received from Tom Wilbur, Plant [12] Superintendent of Carbide's plant at Texas City." Do you [13] see that? [14] A Yes, sir. [15] Q Who was Mr. Dunlop? [16] A I think he was head of research at Texas City. [17] Q At Monsanto's Texas City plant? [18] A That's correct. [19] Q He was a Monsanto employee ? [20] A Yes, sir. [21] Q Would you read for us die next sentence in dial [22] letter, sir._____________________________________________ _ Page 86 to Page 92 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062453 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(15) Page 93 [1] A "During a conversation with Tom it was mentioned [2] that their doctors who are resident at the Texas City [3] plant (they have two) have arrived at the conclusion of [4] the poss^ihty of a carcinogenic nature of soot produced [5] in the acetylene process." [6T Q You remember now this was brought to your [7] attention back in 1956 that the acetylene soot might be [8] carcinogenic? [9] A There was a possibility. [10] Q Would you read the next sentence, sir? [11] A "I bring this to your attention for any [12] possible" [13] Q No, sir, I'm sorry, the one I'm referring to [14] A Oh, "Carbide produces acetylene by the same [15] process that we do and presumably the soot from the two [16] processes is similar." [17] Q So you knew in 1956 that the Carbide people were [18] concerned that the soot might be carcinogenic, sir7 [19] A Well, I don't know what the nature of the amount [20] of their concern was. They came to a conclusion that it [21] was possibly carcinogenic, the soot was possibly [22] carcinogenic._______________________________________________ Page 94 [1] Q And you knew that Monsanto was using the same . [2] process in its plant in Texas City? P] A Yes, sir. [4] Q Let me refer you now to the next paragraph, [5] Dr. Kelly. [6] A "I am bringing this to your attention for any [7] possible action you might want to take. This information [8] is not generally known at Carbide and no one knows it here [9] at our plant except Mr. Dunlop and me. We prefer to keep [10] it this way until something definite can be determined." [11] Q Why did Monsanto want to keep it confidential [12] and not generally known at the plant. Dr. Kelly? [13] MR. BRAY: Objection to the mischaracterization. [14] BY MR. MC CONNELL: [15] Q Dr. Kelly? [16] A May I have the question back. [17] (The reporter read the record as requested.) [18] THE WITNESS: I do not know why they said that. [19] Whether or not Carbide asked them to keep it confidential [20] or not, I don't know. [21] BY MR. MC CONNELL: [22] _____ Q What did you do in response to this letter,____________ Page 95 [1] Dr. Kelly, do you remember? [2] A Yes. I checked our cancer file and found that P] we did not have any clusterings of cancers in our workers [4] who were exposed to the acetylene soot. I am not [5] certain - I do not remember at the present time whether I [6] checked with the Carbide doctors to find out if they [7] actually had any cancers in their workers. I looked up [8] what information I could find as the possibility of the [9] cancer being caused by the acetylene soot. I do not know [10] if there had been any laboratory work on this, so I don't [11] know where the cancers were occurring, if any cancers were [12] occurring. After all, they had just said that it's a [13] possibility that it might. We didn't have any cancers. [14] There was no cancers listed in the literature from [15] acetylene soot. [16] MR. MC CONNELL: Let me show you a document, [17] Dr. Kelly, which we will mark as Kelly Exhibit 7. [18] (Kelly Exhibit 7 identified.) [19] BY MR. MC CONNELL: [20] Q Dr. Kelly, l know this document looks like it's PH covered with that soot we've been talking about. This was [22] the form that was given to us by Monsanto. Do you__________ Page 96 [1] recognize this as a letter you wrote back to Dr. Eckert on [2] March 20, 1956? [3] A Yes, sir. [4] Q It's marked "confidential''? [5] A I don't know who put that on. It is marked [6] "confidential." [7] Q And it looks like it's typed right above the [8] text of the letter? [9] A Well, I can't comment on that. It's on there [10] someplace. [11] Q It's in the same kind of typeface that's used in [12] the letter? [13] A Mine is different typeface. [14] Q It's in capital letters btu it's typewritten, [15] isn't it? [16] A Well, it's a lot bigger than the caps in the [17] rest of the letter. [18] Q Would you read the first sentence of that letter [19] for me. [20] A "As you know, there is a great deal of talk PI] about the carcinogenicity of hydrocarbons derived from P2] oil."______________________________________________________ Page 97 [1] Q That was a hot topic at the time ? [2] A I don't know what you mean by "hot," bat there P] was a lot of talk about lead black and carbon black which [4] went into the tires, and the question was are these [5] carcinogenic or not. '1 imagine there is a certain amount [6] of truth in H but certainly by far the largest is [7] speculation." |8] Q That last sentence that you read for us, P] Dr. Kelly, 7 imagine there is a certain amount of truth [10] in it but certainly by far the largest is speculation," [11] that's what you wrote in your memo in 1956; is that right? [12] A Yes, sir. [13] Q And you did believeat the time that there was a [14] certain amount of truth in the discussion about [15] carcinogenicity cf hydrocarbons derived from oil? [16] A A certain amount of truth? [17] Q Yes, sir. [18] A Well, it depends on which hydrocarbon they're [19] talking about from ofl. There are any number of P0] hydrocarbons you get from ofi and in relationship of that PI] to acrylonitrile soot is - or acetylene soot is certainly P2] iH defined.________________________________________________ Page 98 [1] Q Let's go on down. The next line in your memo or [2] letter says "this is my opinion as far as the soot is P] concerned"; is that right? [4] A That's correct. [5] Q And your letter goes on to set out your opinion? [6] A Yes, sir. [7] Q Would you read the sentence by the numbered [8] paragraph 1. P] A "It might very well be carcinogenic, although I [10] know of no studies or cases that have occurred." [11] Q And that was your opinion in 1956, that the [12] acetylene soot might very well be carcinogenic? [13] A It might. [14] Q Would youread paragraph 2, Dr. Kelly ? [15] A "I do not believe any experimental work is [16] indicated because as I understand it, the content of the [17] soot varies considerably depending upon changes of the gas [18] stream as well as the convergent factors." [19] Q So even though you knew that the soot might be P0] carcinogenic, you didn't conduct any studies? PI] A I didn't know it might be. I said it's P2] possible.__________________________________________________ Page 99 [1] Q You said "it might very well be carcinogenic"? [2] A That's right. P] Q But you didn't start any experimental work or [4] studies on it? [5] A Well, I didn't start experimental work. I [6] started doing studies about it. I mean, we checked the : [7] literature. We checked the government. We checked our | [8] other areas. P] Q Did you find any, Dr. Kelly? [10] A Find any what? Cancers? [11] Q Did you find any studies on acetylene soot? [12] A I do not recall finding any, no, sir. [13] Q Did you conduct one? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 93 to Page 99 WATER PCB-SD0000062454 BSA Depo of R. Emmet Keflv MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(16) [L4] A Yes, sir. [15] Q And when did you conduct that study? [16] A What? [17] Q When did you conduct that study? [18] A I'd say 1956 sometime. [19] Q In your memo here you said V do not believe any [20] experimental work is indicated. " [21] A Yes, sir. [22] _____ Q Wo; there something that changed your mind about Page 100 [1] that? [2] A I don't think so, no, sir. [3] Q Maybe I have a disconnect on this. Did you or [4] did you not conduct a study on the carcinogenicity of [5] acetylene soot in 1956? [6] A It depends on what you mean by "study." If [7] you're talking about animal study [8] Q A toxicology study. [9] A Animals we did not. Toxicological study by [10] literature searches we did. [11] Q But did you find any studies ? [12] A No, sir, we did not. To the best of my [13] recollection, we did not. [14] Q And you did not conduct your own toxicology [15] study in animals? [16] A That's correct. [17] Q Let's look at paragraph 3, Dr. Kelly. You said [18] "it would seem to be a good idea to insist upon complete [19] cleanliness as you are doing. " Why, Dr. Kelly? [20] A Well, even if there are sus{scions that you may [21] have a carcinogenic product, it's always good industrial [22] practice to avoid excessive contact.________________________ Page 101 [1] Q Would you read the next sentence, sir. [2] A "I believe that" PI 2 Afo, no, it's the next sentence in paragraph 3. [4] A Let me finish that whole paragraph. 1'H start [5] over. "It would seem to be a good idea to insist upon [6] complete cleanliness, as you are doing. I understand, [7] however, from the grapevine that the men state they blow [8] soot out of their noses after working around the filters. [9] If this is true, I believe a dust respirator should be [10] mandatoiy." [11] Q So you knew at the time that the workers in the [12] Texas City plant blew soot out of their noses after they [13] were working in this area? [14] A I didn't know that. I said I learned from the [15] grapevine that people told than so that - they did blow [16] soot out. [17] Q Would it be fair to say in 1956 you warned to [18] eliminate worker exposure to the soot? [19] A I wanted to minimize it. [20] Q Arid why hot that, Dr. Kelly? [21] A Because there was a suspicion that there might [22] be a carcinogenic agait in the soot even though we were Page 102 [1] not at all certain and we had no evidence that there was [2] such a carcinogenic agent. [3] Q Would you skip down, Dr. Kelly, and read the [4] paragraph - it's not numbered but it's immediately below [5] paragraph 4. [6] A Why don't I read all of 4? "I believe our [7] doctor should be on the alert to watch for any changes in [8] the skin of the workers." [9] Q Let me ask you why you thought the doctors ought [10] to be on the alert? [11] A Because in certain oils, hydrocarbon oils, skin [12] cancers had occurred. That had been reported. For [13] example, carbon black, which is derived from oil, has [14] caused some skin cancers in workers. Lead black, which is [15] used in paint, which is also a carbon, a soot from [16] hydrocarbon oils, does not cause any skin troubles, any [17] skin cancers so that here we have a compound which we [18] don't know will cause any skin problems but watch out to [19] be sure that nothing sneaks up on us. [20] Q You had a suspicion that it might cause skin [21] cancer? [22] _____ A We just wanted - wefl, I really didn't have a Page 103 [1] suspicioa that it would, but I wanted to be sure of it. [2] Be a belt and suspenders man. P] Q The purpose ofputting the doctor on alert is to [4] find out whether there were any skin cancers? [5] A That's correct. [6] Q Would you read the next part of the letterfor [7] its. Dr. Kelly. [8] A "I don't think this is going to be a matter of [9] too great a concern but I don't want to minimize it. [10] There has been, as you know, a great deal of talk about [11] cardnogenesis in the ofl industry but frankly, you never [12] hear about too many" - there seems to be a word scratched [13] out. [14] Q Is it "cases, " Dr. Kelly? [15] A What? [16] Q Is the missing word "cases"? [17] A What's the word? [18] 2 Cases. [19] A I can't make it out. [20] 2 WTiy don't you read the next sentence. [21] A "Even if a case develops on the skin, it is [22] fairly easily treated" - I can't make out the word. Page 104 [1] Q Is the next sentence `If it develops in the [2] notices or lungs, that is something else"? p] A Right. [4] Q Why would it be something else, Dr. Kelly, if [5] the cancer developed in die nose or the lungs? [6] A It's a lot tougher to treat than cancer of the [7] skin. [8] Q A lot tougher to diagnose? [9] A Yes. Maybe not the nose but it's not sticking [10] out there on the skin tike - that's pretty easy to [11] diagnose. [12] 2 Lungcancer is hard to diagnose? [13] A Well, if it's in the hmg, it's inside and you [14] can't be as sure of it as something on the skin of your [15] arm. [16] 2 Or. Kelly, we've been going for about an hour. [17] Would you like to take a short break? [18] A It's all right with me. Whatever you want to [19] do. [20] MR. MC CONNELL: Why don't we do that. [21] (Recess.) [22] BY MR. MC CONNELL: Page 105 [1] 2 Dr. Kelly, what are polynuclear aromatic [2] compounds? [3] A Wefl, it's an aromatic compound; it includes a [4] benzole ring, which is six carbon atoms in a ring. [5] Polynuclear has several of those, one up to any number, [6] usually four or five, and aromatic is a description of an [7] organic compound where there are ring structures in [8] contrast to aliphatic, a+i-p-h-a-t-i-c, compounds, which [9] are straight chain hydrocarbons. [10] 2 d number of the polynuclear aromatic compounds [11] are known to cause cancer in humans? [12] A I don't know if - there may be some that cause [13] cancer. There may be some polyaromatic compounds that are [14] presort in vegetables that in large doses could cause [15] cancer. In small doses they certainly do not cause cancer [16] in humans. There are some polyaromatic nuclear compounds [17] such been anthracenes, a-n-t-h-r-a-c-e-n-e-s, which occur [18] in barbecuing steaks that in sufficient dose can cause [19] cancer, but by no means do all polyaromatics cause cancer [20] in humans or in animals. [21] 2 But some of them do cause cancer? [22] A Yes, they do. Page 106 [1] 2 And that's been known for a very long time? [2] A Yes. I don't know what you mean by "very P] long." [4] 2 100 years? Page 99 to Page 106 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062455 BSA Pepo of R. Emmet Kefly MONSANTO V AETNA January 27, 1993 0,54223.0 XMAX(17) [5] A Oh, let's say 50, 75. [6] MR. MC CONNELL: Let me show you, Dr. Kelly, a [7] document which we will mark as Kelly Exhibit 8. [8] (Kelly Exhibit 8 identified.) [?] BY MR. MC CONNELL: [10] Q Dr. Kelly, you see on the front page of this [11] document this is a report on cancer and chemical [L2] structure? [13] A Yes, sir. [14] Q Monsanto medical department? [15] A Yes, sir. [16] Q And ifyou look on the next page, you'll see [17] this was written try Jack T. Garrett? [18] A Yes, sir. [19] Q That's the Jack T. Garrett whoworked for you in [20] the medical department? [21] A Yes, sir. [22] ______ Q The date is March 1963?__________________________ Page 107 [1] A Yes, sir. [2] Q Do you remember this is a report that [3] Mr. Garrett wrote on cancer and chemical structure? [4] A Yes, sir. [5] Q Would you turn with me, Dr. Kelly, to the page [6] number 10. They're numbered at the top, and tell me when [7] you have that. [8] A Wait. I gotta find h. [9] Q Do you have that page? [10] A Yes. [11] Q Do you remember back in 1963 that Mr. Garrett [12] wrote this report on cancer and chemical structure? [13] A Do I what? [14] Q Do you remember that Mr. Garrett wrote this [15] report on cancer and chemical structure back in 1963? [16] A Yes. [17] Q You were familiar with it at the time ? [18] A Yes. I redly don't know why he wrote it but I [19] know he did it. PO] Q On page 10 of this report near the bottom of the PI] page there's a section called "Polynuclear Aromatic [22] Compounds."______________________________________________ Page 108 [1] A Yes, sir. [2] Q Would you read the first sentence in that [3] section. [4] A "This group of compounds has been studied ever [5] since coal tar cancer was described more than a century [6] ago." [7] Q Coal tar is one of the polynuclear aromatic 18] compounds? [9] A Yes, sir. [10] Q Do you agree with Mr. Garrett that coal tar [11] cancer was discovered and described more than 100 years [12] ago? [13] A I'm not certain about the time frame, but it's [14] been quite a while ago. [15] Q Would you read the next sentence. Dr. Kelly? [16] A "There is more data available on compounds of [17] this type than any other group." [18] Q Do you agree with Mr. Garrett on tlutt point? [19] A Well, I don't know. I don't know what type of [20] data he's talking about, whether he's relating this to [21] cancer. I just don't know what that means. [22] _____ Q By 1963, Dr. Kelly, had there been a number of Page 109 [1] studies of polynuclear aromatic compounds atid their [2] ability to cause cancer? [3] A I'm sorry, my attention wavered. Would you [4] repeat it. I was reading the next paragraph. [5] Q Certainly. By 1963, had there been a number of [6] studies of polynuclear aromatic compounds and their [7] ability to cause cancer? [8] A I don't know. Again, I can't quantify it. Jack [9] mentions scrotal cancer 100 years ago. He's mentioning [10] scrotal cancer in petroleum refineries, presumably the [11] last 40 or 50 years. If that's what he means by lots of [12] them, that's fine. [13] Q It was well known in 1963 that some of these [14] compounds did cause cancer; is that right? [15] A That's correct. [16] Q And in fact, if you look with me over to the [17] continuation on page 11, would you read the sentence that [18] starts "hitman experience." [19] A - "with compounds of tins type has shown that [20] in certain circumstances there are human carcinogens." [21] Q ft goes on to describe die scrotal cancers in [22] chimney sweeps?__________________________________________ Page 110 [1] A Yes, sir. P] Q It goes on to describe the fact that the coal P] tar cancers were obviously caused by polynuclear aromatics [4] absorbed on chimney soot and contained in coal tars? [5] A Yes, sir. [6] Q And he goes on to talk about the high incidence [7] of scrotal cancer in wax pressmen in petroleum refineries? [8] A Yes, sir. [9] Q And he says that was traced to polynuclear [10] aromatics found in the feedstocks? [11] A Yes, sir. [12] Q As well as the supernatant liquors from the wax [13] presses? [14] A Yes, sir. [15] Q Do vou agree that in 1963 all of those dungs [16] were well known? [17] A That what? [18] Q All of diose things were well known to die [19] people in the field? [20] A I don't know how well known scrotal cancer in [21] wax pressmen was known. [22] _____ Q Mr. Garrett knew about it?__________________ Page 111 [1] A Oh, yeah, he knew about it, obviously. [2] Q You knew about it? P] A Frankly, until this article of his came out, I [4] wasn't too familiar with it, to the best of my [5] recollection now, until Jack wrote this. [6] Q But you knew about it in 1963 when vou read m Mr. Garrett's report? [8] A Yes, sir. [9] Q Do you remember, Dr. Kelly, dial back in the [10] late 1950s Mr. Garrett was concerned about die presence of [11] polynuclear aromatic compounds on the acetylene soot we've [12] been discussing here? [13] A Let's see that reference again, I don't know if [14] we talked about Garrett. We talked about Fox. I don't [15] know if we mentioned Garrett in that discussion. [16] Q We hadn't quite gotten to Mr. Garrett. [17] A I beg your pardon? [18] Q We hadn't quite gotten to Mr. Garrett's [19] involvement in diat but we 're going to come back to it. [20] My question now is simply, do you remember back [21] in the late 1950s that Mr. Garrett was concerned abotu die [22] presence of polynuclear aromatic compounds in die___________ Page 112 [1] acetylene soot? P] A No, I don't remember, as well as 1 see it. I P] remember hearing from Garrett about it. [4] Q If we looked at die memos, diat might refresh ' 15] your memory on it? [6] A Yes, it would. [7] Q At the Texas City plant. Dr. Kelly, were diere a 18] wide variety of hydrocarbons derived from oil? [9] A From what? From ofl? [10] Q Yes, sir. [11] A Well, their feedstocks came from ofl. [12] Q That was true in the styrene process? [13] A Well, they made ethylbenzene from benzene, which [14] was obtained from oil refineries. [15] Q Was it true in the acrvlonitrile process, diere [16] were hydrocarbons derived from oil in diat process? [17] A Yes, sir, to the best of my recollection. I'm [18] not familiar at the present date with acrylonitrile ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 106 to Page 112 WATER PCB-SD0000062456 BSA Depo of R. Emmet Kefly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAXU8) [19] process and the flow [20] Q I'm sorry, did you have something else you [21] wanted to add? [22] A With the flow diagrams of the acrylonitrile Page 113 [1] process. I don't remember those today. I did in '63, [2] obviously. P] Q And was it true that hydrocarbons derivedfrom [4] oil were used in the vinyl chloride process? [5] A Yes, sir, but I do not believe that there were [6] polynuclear aromatics in the vinyl chloride process. [7] Q You don't believe that as we're sitting here [8] today? m A I'm not sure of that. [10] Q You 're just not sure one way or the other? [11] A That's correct. [12] Q How was Monsanto disposing of the acetylene soot [13] in 1956, Dr. Kelly, do you know? [14] A I don't know. [IS] Q Do you have any idea what it was doing with the [16] soot after 1956? [17] A No, sir, I don't. [18] Q That wasn't pan of your responsibility as [19] medical director? [20] A No, sir. [21] Q Let's talk about acrylonitrile. Dr. Kelly. [22] Would you agree that acrylonitrile is a toxic chemical? Page 114 [I] A Again, by an individual - I say it is a toxic [2] chemical. It's not nearly as toxic as hydrogen cyanide, [3] but it could be considered toxic as an industrial chemical [4] is concerned, yes. [5] Q Hydrogen cyanide is an extremely toxic chemical? [6] A Yes, it is. [7] Q Acrylonitrile is toxic but not as toxic as (8] hydrogen cyanide? [9] A That's correct. [10] Q Is there a relationship between acrylonitrile [11] and cyanide? [12] A I don't know what you mean by a "relationship." [13] Q Are cyanide compounds used in making [14] acrylonitrile? [15] A Yes. [16] Q If you ingested acrylonitrile, would that [17] release cyanide compounds in the body? [18] A Well, I have only experience with one person, a [19] chemist at our Springfield laboratory who drank about a [20] pint of acrylonitrile. I'm not sure of the dose but it [21] was a good-sized dose and it took him, I think, 12 hours [22] to die. So from that one case, it's not in the same Page 115 [1] ballpark with cyanide which you're talking about minutes [2] with a much smaller dose. [3] MR. MC CONNELL: Let me show you a document, [4] Dr. Kelly, that we will mark as Kelly Exhibit 9. [5] (Kelly Exhibit 9 identified.) [6] BY MR. MC CONNELL: [7] Q Do you recognize this as a memorandum that you 181 received from Dr. William E. Nessell, N-e-s-s-e-l-l? [9] A Yes, sir. [10] Q And you received it about June 30, 1954? [11] A Yes, sir. [12] Q Does this memo describe the acrylonitrile [13] suicide you told me about? [14] A Yes, sir. [15] Q And who was Dr. Nessell? [16] A He was our plant physician at the Springfield, [17] Massachusetts plant of the Monsanto Company. [18] Q And he reports that one of the chemists [19] committed suicide by drinking acrylonitrile; is that [20] right? [21] A Yes, sir. [22] Q Do you see in the second -- actually, let me Page 116 [1] refer you down to under the 2 numbered paragraph, the [2] report says he died approximately 11 hours after [3] ingestion. [4] A Yes, sir. [5] Q And would you read the paragraph right after [6] that, sir. m A Wait a minute. I've lost the [8] Q The paragraph that starts off "according to P] publication of" [10] A - '"The Toxicity of Acrylonitrile,' based on [11] fatal doses for rats, a lethal dose for this individual [12] would be approximately 6 cc; he took at least IS cc in [13] ginger ale." [14] Q Dr. Nessell calculated the lethal dose at 6 [15] cc's? [16] A No, he didn't calculate that. He quoted a very [17] good Cyanamid company bulletin. That's comparing fatal [18] dose for rats to fatal dose for humans, would be 6 cc's. [19] Q How much is 6 cc's, Dr. Kelly? [20] A A fifth of an ounce. PI] QA fifth? [22] A 30 cc's is an ounce. Page 117 [1] Q Very small dose? [2] A It's a teaspoonful. P] Q And Dr. Nessell believed that that much would be [4] a fatal dose? [5] A No, he didn't say that. He said based on the [6] publication of American Cyanamid, they calculated that a [7] lethal dose would be 6 cc's, and I don't know what else to [8] say. P] Q And he goes on to say that the chemist in [10] question took at least 15 cc's? [11] A Well, yes. I don't know how they came out with [12] the dose of 15 cc's. Paragraph 2 said an amount in excess [13] of 15 cc's and paragraph 7 he said at least 15 cc's so I [14] don't know how much the man took. Anecdotally, I thought [15] he took more than 15 cc's, which is half an ounce. [16] Q 15 cc's is only a half an ounce? [17] A That's correct. [18] Q It's a lot less than a pint? [19] A Well, there are 16 ounces in a pint. This is [20] half an ounce. PI] Q And apparently that amount was a lethal dose? [22] A It was for him. Page 118 [1] Q Vie toxicity of acrylonitrile was well known in P] the 1950s, Dr. Kelly? P] A Yes, sir. [4] Q You knew about that even before the suicide of [5] the chemist? [6] A Yes, sir. m Q Is it true, Dr. Kelly, t)uu acrylonitrile can [8] cause poisoning by inhalation as well as by ingestion? [9] A Yes, sir, insufficient dose. [10] Q And inhalation simply means breathing ui the [11] vapors of the chemical? [12] A That's correct. [13] Q Some fatalities have occurred? [14] A What? [15] Q Some fatalities have occurred? [16] A Well, we never had any. No fatalities occurred [17] at Monsanto from inhalation or from anyone working with [18] the material. I don't recall at this time whether there [19] have been - I have a vague recollection of some illness P0] from breathing acrylonitrile. I don't know if it went on PI] to fatalities or not. Again, not at Monsanto and I don't P2] know Page 119 [1] Q And you knew that in the 1950s? P] A Yes, sir. P] Q Is it also true. Dr. Kelly, that acrylonitrile [4] is a severe skin and eye irritant? [5] A Yes, sir. [6] Q Causes bums? [7] A I beg your pardon? Yes. [8] Q Causes headaches and vomiting? P] A I'm not sure. It all depends on the dose. It Page 112 to Page 119 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062457 BSA Depo of R. Emmet Kefly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(19) [10] all depends on the temperature at which the material is [11] exposed. At ambient temperatures, the exposure is much [12] less than if the material is heated up. [13] Q And this information about toxicity that we've [14] been talking about was known to you in the 1950s? [15] A Yes, sir. [16] Q What is styrene monomer, Dr. Kelly? [17] A Well, it's a compound derived from [18] ethylbenzene. It's a liquid. It has - it's an industrial [19] chemical and it's moderate to low toxicity. It's used in [20] many applications. [21] Q It was manu/uctured by Monsanto at the Texas [22] City plant?_______________________________________________ Page 120 [1] A Yes, sir. [2] QWho were the largest producers of styrene in the [3] world in the 1950s and 1960s? [4] A Whether Dow or Monsanto was, I don't know. [5] Q Were they the two biggest? [6] A I believe so. [7] Q I believe so, too. [8] A Wefl, we agree. [9] MR. BRAY: I object to that testimony. His, not [10] yours. [11] BY MR. MC CONNELL: [12] Q Is it fair to say styrene was an important [13] product at that time for Monsanto ? [14] A Oh, yes, it was a big-volume item. It was an [15] item that was growing, and it wasn't a sink or swim [16] product. I mean, we'd still be making chemicals when we [17] gave up styrene. [18] Q Biu it was important to you? [19] A Yes, it was important. [20] Q And you knew in the 1950s about the toxicity of [21] styrene monomer? [22] A Yes, sir._________________________________________ Page 121 [1] Q In fact, you knew a fair amount about styrene [2] monomer toxicity in die 1940s; is that right? [3] A I don't know when I came upon the information, [4] but I've known it for quite a while. [5] Q Do you remember serving as an expert witness in [6] a styrene case in the late 1940s? [7] A I beg your pardon? [8] Q Do you remember serving as an expert witness in [9] a styrene case m the late 1940s? [10] A I don't remember. [11] Q Don't remember one way or the other? [12] A What? [13] Q You don't remember one way or the other? [14] A That's correct. [15] Q Do you remember some Dow scientists had [16] published an article on styrene monomer toxicity back in [17] 1942? [18] A Yes, I do. [19] Q And do you remember who some of those Dow [20] scientists were? [21] A Don Irish was one of them, [22] ____ Q And who was DonIrish?____________________________ Page 122 [1] A Head of their toxicology departmait at Dow. [2] Q And do you remember the others? p] A No, I don't. [4] Q Did vou have some dealings with Don Irish over [5] die years? [6] A Yes, I did. [7] Q On die subject of styrene and its toxicity? [8] A Oh, it was lots of things. We made parallel [9] products, so we had quite a few discussions and meetings [10] with Dow. [11] Q And were you familiar with this article diat [12] Dr. Irish and his colleagues published in 1940s? [13] A Am I familiar with the article? [14] Q Yes, sir. [15] A Yes. As I understand it, he did inhalation [16] studies for a relatively short period of time, 30 days or [17] something fike that, and he came out with safe [18] concentrations of the material. [19] Q And you were familiar with that article back in [20] the late 1940s? [21] A Yes, sir. [22] _______ MR. MC CONNELL: Let me show you a document. Page 123 [1] Dr. Kelly, that we will mark as Kelly Exhibit 10. [2] (Kelly Exhibit 10 identified.) P] BY MR. MC CONNELL: [4] Q I'll just ask you briefly whether diis is a copy [5] of the article that you and I have been talking about [6] written by Dr. Irish and his colleagues ? [7] A Yes, sir, it is. [8] Q It's an article called "The Response of [9] Laboratory Animals to Monomeric Styrene"? [10] A Yes, sir. [11] Q Do you know the other gentlemen listed with [12] Dr. Irish as the authors of diis report? [13] A Yes. V.K. Rowe I didn't know too well. Adams I [14] knew not as well as I did Rowe or Irish. I think Rowe [15] evaitually followed Irish as head of the laboratory. [16] Q Were ail cf those people Dow employees? [17] A Yes, they were. [18] Q If I could ask you to took at the last page, [19] Dr. Kelly, page 301, do you have that now? P0] A Yes, I do. PI] Q I'd just like to direct your attention quickly [22] to the section marked "conclusions."__________________________ Page 124 [1] A Yes, sir. [2] Q They reported that "Vapor concentrations of P] monomeric styrene which are acutely dangerous to guinea [4] pigs and rats range from 10-12 milligrams per liter [5] (approximately 2400 parts per million) for an 8-hour to 46 [6] milligrams per liter (10,000 pans per million) for an [7] exposure of 30-60 minutes." You were aware of that [8] information back in the 1940s; is that correct, sir? [9] A Yes. [10] Q Skipping down in diat paragraph diey reported [11] immediate deaths resuit [12] A Let's take the second sentence first [13] Q Why don't you read the second sentence for us. [14] A "Higher concentrations are impossible toattain [15] at ordinary temperatures." [16] Q Why don't you read die next sentence? [17] A "Immediate deaths result from the primary action [18] upon the central nervous system, while many delayed deaths [19] result from the pneumonia which frequently develops [20] following acute hing irritation." PH Q So in this study, the material caused deadis in P2] die experimental deaths?____________________________________ Page 125 [1] A It what? [2] Q In the experimental animals? P] A Yes, it caused deaths at 10,000 parts per [4] nlilKnn. [5] Q What does it mean. Dr. Kelly, diat die primary [6] action was on the central nervous system? [7] A It was an anesthetic. [8] Q I'm sorry, sir? [9] A It's an anesthetic. [10] Q What's the result of diat? [11] A You can go to sleep. You can go into a coma and [12] you die if you stay in it long enough. [13] Q Let me ask you to look down at die next to last [14] paragraph. Dr. Kelly. Would you read diat for us, [15] please. [16] A "Monomeric styrene produces a reaction on the [17] rabbit's skin which is very similar to that produced by [18] the common aromatic hydrocarbons. In industrial use the [19] same precautions should be observed to avoid skin contact P0] as are now followed in the Handling of other aromatic pi] hydrocarbon solvents." [22]_____ Q You were aware of diat information back in die______ Page 126 ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 119 to Page 126 WATER PCB-SD0000062458 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX120) [1] 1940s"! [2] A Yes, that it was a skin irritant, yes, sir. P] Q So again, styrene monomer is not something you'd [4] want to put in your coffee! [5] MR. BRAY: Objection to the trivialization and [6] the characterization inherent in that question. [7] MR. MC CONNELL: Objection to your speech. [8] MR. BRAY: It's not a speech. It's an [9] objection. [10] THE WITNESS: It's not intended as a food [11] additive. [12] BY MR. MC CONNELL: [13] Q And you wouldn't put it in your coffee, [14] Dr. Kelly, would you! [15] MR. BRAY: Same objection. It's repetitious. [16] It's been asked and answered. [17] THE WITNESS: No, I wouldn't put it in coffee. [18] BY MR. MC CONNELL: [19] Q And you wouldn't want it in your drinking water! [20] A Now, that depends. What dose are we talking [21] about? Are we talking about 1 teaspooniul of styrene in a [22] tankful of water? That wouldn't bother anybody.___________ Page 127 [1] Q Would you want it in your drinking water, [2] Dr. Kelly! P] MR. BRAY: It's been asked and answered. [4] THE WITNESS: I wouldn't want anything in my [5] drinking water if it could be obtained without a [6] particular chemical, but I wouldn't object to it depending [7] upon the dose involved. Remember, he's talking about [81 inhalation here. You've gone over to drinking water, the [9]oral dose of the material. [10] BY MR. MC CONNELL: [11] Q Did they also look at the oral doses of styrene [12] monomer in this study. Dr. Kelly! [13] A Wait until I look. [14] Q Let me refer you to page 299. Is there a [15] section on oral administration, Dr. Kelly! [16] A Yes, there is. [17] Q And did they find a lethal dose in the oral [18] administration study! [19] A They found that giving 1.6 grams of material per [20] kilogram of body weight showed 100 percent survival. Now, [21] if you want to transpose that directly to people, it's a [22] 70-kilogram man, which was allegedly the average man, 155 Page 128 [1] pounds, that would be 100 grams. 100 grains would be [2] roughly equivalent to 3-1/2 ounces in the material every P] day to a person without causing any fatalities. There was [4] irritation of the esophagus and the stomach, which in some [5] cases at 2 grams caused death of the animal from [6] irritation. [7] Q Let's look at the third paragraph under the [8] section called "Oral Administration. " Would you read that [9] for us. Dr. Kelly. [10] A The third paragraph? ' [11] Q Yes, sir. [12] A I just read it. "A very few oral doses of 2.0 [13] grams per kilogram (50 percent solution) produced a [14] pronounced irritation of the esophagus and stomach which [15] quickly resulted in the death of the animal. Even 1.0 [16] gram per kilogram often caused a similar reaction after a [17] few doses, with deaths in some cases before the end of the [18] 28-day experimental period." [19] Q So in the study, 1942 study, they found that [20] oral doses could cause death as well as inhalation; is [21] that correct! [22] _____ A As well as what?___________________________________ Page 129 [1] Q They found that oral doses could also cause [2] death; is that correct! P] A Oh, yes, sir, if given enough of it. [4] Q [ think you mentioned earlier you were active in [5] the Manufacturing Chemists Association; is that right, [6] Dr. Kelly! [7] A Yes, sir. [8] Q What is a material safety data sheet! [9] A Well, it's a publication that isintoided to [10] describe the characteristics of a product as well as [11] explaining how it can be handled safely. [12] Q Did the Manufacturing Chemists Association have [13] a program of writing material safety data sheets for [14] various chemicalsI [15] A Yes, they did. [16] Q And those safety data sheets contained [17] information about the toxicity of the chemicals! [18] A Yes, sir, it did. [19] Q Did you write the material safety data sheet for [20] styrene in 1949? [21] A I don't think so. I think Dow must have. P2]_____ Q You don't remember working on the material_________ Page 130 [1] safety data sheetfor styrene! [2] A I don't remember. We only got in the styrene P] business at the close of World War D, where Dow had been [4] making it for quite some time before, so I know I didn't [5] write it. [6] Q Did Monsanto operate the Texas City plant for [7] the government during World War H? [8] A They bought it afterwards. I was gone. I don't [9] know if they operated it during the war. [10] Q You weren't around during the war because you [11] were in die Army! [12] A That's correct. [13] (Pause.) [14] BY MR. MC CONNELL: [15] (2 Dr. Kelly, did you have a chance to talk with [16] Mr. Bray during the break we took! [17] A With whom? [18] Q Mr. Bray. [19] A Did I have a talk with him about, when did you [20] say, today? [21] Q During any of the breaks we've taken today. [22] _____A Not about this case.________________________________ Page 131 [1] Q About the deposition! [2] A Not about that. I talked to him about the P] pastrami sandwich. [4] Q But not about thecase or the deposition! [5] A Not about the case atall. [6] MR. MC CONNELL: Let me show you a document, [7] Dr. Kelly, which we will mark as Kelly Exhibit 11. [8] (Kelly Exhibit 11 identified.) [9] BY MR. MC CONNELL: [10] Q Dr. Kelly, we've been talking about styrene [11] toxicity, and I asked you whether you could remember being [12] asked to testify as an expert witness in a styrene case in [13] the late 1940s. Do you recognize this document I've [14] handed you as a letter that you wrote on October 9, 1948! [15] A Do 1 recognize this? [16] Q Yes, sir. [17] A No, I don't. I've forgotten all about it. [18] Q Now that you've seen it, Dr. Kelly, is this a [19] letter you wrote to Don Irish at the Dow Chemical Company [20] on October 9, 1948? [21] A Yes, sir. [22] _____ Q I'd like to direct your attention to the first____________ Page 132 [1] paragraph, Dr. Kelly, the second sentence. You say "one P] large user of styrene, and I don't believe it is our P] styrene either, has asked me to testify as an expert [4] witness in the case of an employee who is alleging [5] permanent disability because of inhaling this compound. " [6] Do you see that, Dr. Kelly? [7] A Yes, sir. [8] Q Does that refresh your memory you did testify in [9] the styrene case m the late 1940s? [10] A I must have. I know 1 never testified or gave a [11] deposition in it. It doesn't refresh much of my memory on [12] it. [13] Q You don't doubt that it happened? [14] A Oh, no, I'm sure it happened. Page 126 to Page 132 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062459 BSADepo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0XMAX01) [15] Q And the second paragraph, could l ask you to [16] read the second paragraph of the letter. Dr. Kelly. [17] A "The second point is that I am to write a first [18] draft of the medical section on styrene for the MCA safety [19] data sheet on this product." [20] Q Does that refresh your memory at ail, Dr. Kelly, [21] that you wrote at least pan of the safety data sheet on [22] stvrene for the MCA ? Page 133 [1] A No, it doesn't, and I don't know really why I [2] was talked into it. It doesn't really. [3] Q As we sit here today, you can't remember one way [4] or the other? [5] A I can't remember. [6] Q Dr. Kelly, do you remember that styrene was used m in food packaging materials? [8] A In what? [9] Q In food packaging materials. [10] A Polystyrene, yes, sir. [11] Q And Monsanto manufactured polystyrene for use in [12] food packaging? [13] A Yes. [14] Q Do you remember in 1961 there was a concern [15] raised about the residual styrene monomer present in that [16] food packaging material? [17] A I don't remember it off the top of my head, no, [18] sir. [19] MR. MC CONNELL: Let me show you a document, [20] Dr. Kelly, which we will mark as Kelly Exhibit 12. [21] (Kelly Exhibit 12 identified.) [22] _____ BY MR. MC CONNELL:____________________________ Page 134 [1] Q Do you recognize this, Dr. Kelly, as a memo you [2] received from Mr. G.W. Ingle? P] A Yes, I do. [4] Q It's dated April 5, 1961 ? [5] A Yes, sir. [6] Q Who was Mr. Ingle? [7] A He was in the research department or the [8] development department of our Springfield, Massachusetts [9] plant of Monsanto, which was the plastic division of the [10] company. [11] Q Mr. Ingle was a Monsanto employee? [12] A Yes, that's correct. [13] Q And he's talking in this memo about the [14] polystyrene taskforce. What was the polystyrene task [15] force, do you know? [16] A I don't know. [17] Q It goes on to say "After some months of work a [18] statement has been developed which indicates that residual [19] styrene monomer is die only parameter to be specified. In [20] addition 0.75 percent luts been tentatively fixed as the [21] upper limit for residual styrene monomer. There remauis, [22] however, some feeling that the toxicology of styrene has______ Page 135 [1] been inadequately defined to document the safety of such a [2] widely used polymer." P] Does that refresh your memory that there was a [4] concern about the styrene monomer in these food packaging [5] materials? [6] A Yes, I think so, yes, sir. [7] Q And do you recall that Mr. Ingle mu asking you [8] whether you tliouglu additional studies ought to be [9] performed on styrene monomer? [10] A Yes, sir. [11] Q Do you remember whether Monsanto conducted those [12] satdies? [13] A Whether they [14] Q Whether Monsanto conducted those studies in [15] 1961? [16] A Well, it really was - Monsanto was not the one [17] to conduct them. It was a group of styrene manufacturers [18] that was supposed to get a collaborative investigation of [19] it. To the best of my recollection, that was never done. [20] I think they concluded from the extraction studies that pi] there was no particular hazard involved because P2] polystyrene film is, by and large, a rigid type of plastic Page 136 [1] rather than a film like you put around meat or flexible, [2] thin type of film. This is a solid, sort of like a box P] type of material that you use. I don't think it was ever [4] done. [5] Q And the reason it was never done is that you [6] determined that none of the styrene monomer could get into [7] the food? [8] A Either that or the FDA decided that there was no [9] hazard involved. I really think the ball was in their [10] court, was the FDA to make their mind up about it. [11] Q Do you believe the FDA would have tolerated any [12] migration of the styrene monomer into the food? [13] A It would have tolerated some. [14] Q Do you think they would have required safety [15] studies on that before allowing it? [16] A Well, that was our common practice with [17] unintentional food additives from plastics, and I think [18] they would have done the same thing with styrene being [19] extracted from polystyrene. But as I say, I don't recall [20] what they did, except the fact that I do not remember this [21] group in general, Monsanto in particular, doing any P2] further study. I think there's an error here because the Page 137 [1] statanent that in inhalation work there was two or P] three-week stuff and fairly good sized doses of - what was P] it - 1 gram per kilo or something like that, 30 days work [4] of. There was a certain amount of oral studies done by [5] Irish. [6] Q That's the 1942 study that you and I looked at [7] before? [8] A That's correct. [9] Q In his memo Mr. Ingle is talking about two [10] different kinds of studies. One type is a90-daystudy? [11] A Well, he was hoping if they had todo it, they [12] could get away with that rather than a two-year study. [13] Q And in fact, he says "certainly the shorter-term [14] studies would be far less expensive than the latter. " [15] A No question about that. [16] Q Was that an important question to you, whether [17] you had to do a 90-day study or two-year study? [18] A You would settle the issue. A two-year study [19] takes three years to do, by the time you set up the [20] parameters, by the time you have the two years, by the PI] time you have the animals examined microscopically, so P2] it's three years before you get the report. And the 90______ Page 138 [1] days, you get it over 100 days, 110 days and the cost is P] probably a 20th. So it's important. P] Q And that was an important consideration to you [4] in deciding whether to conduct that study? [5] A Well, it was - no, because it was important but [6] when you're dealing with the FDA, they make the rules and [7] it doesn't matter to them if you say well, we're going to [8] spend - these rules are going to cost us $100,000. The [9] FDA will say well, that's tough. That's what you have to [10] do, so you don't argue with them about it. [11] MR. MC CONNELL: Let me show you another [12] document which we can mark as Kelly Exhibit 13. [13] (Kelly Exhibit 13 identified.) [14] BY MR. MC CONNELL: [15] Q Is this your response to Mr. Ingle on the [16] question we've been talking about, Dr. Kelly? [17] A Yes, sir, it is. [18] Q It's a memo from you dated April 11, 1961 ? [19] A That's correct. [20] Q You start out by saying "Certainty I think if we PI] could get all the mamtfacrurers to do a decent 90-day test P2] on styrene monomer, it wouldn't cost us very much. "_________ Page 139 [1] A That's correct. [2] Q And you go on w say it "might satisfy the Food P] and Drug Administration"? [4] A Yes, sir, but I also say we'd have to go out and [5] talk to the FDA beforehand. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 132 to Page 139 WATER PCB-SD0000062460 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAXI22) [6] Q You'd have to negotiate with them on what type [7] of study you had to do? [8] A This is what we think is needed. What do you [9] think about it? And they might say negative or yes, go [10] ahead. [11] Q Would you look at the top of page 2 cf this [12] memo, Dr. Kelly. You quote a long passage from a book [13] called "Detoxification Mechanisms, " but I'm really just [14] iiuerested in the first sentence. Would you read that for [15] us. [16] A "Styrene phenylethylene appears to be more toxic [17] than ethylbenzene and differs from it in its metabolism." [18] Q Styrene is more toxic than ethylbenzene? [19] A That's what the Williams text talks about. [20] Q That was information you had available to you in [21] 1961? [22] ______A Yes, sir.___________________________________________ Page 140 [1] Q And was it an accurate statement? [2] A Pardon? [3] Q Was it an accurate statement at that time? [4] A Let me finish reading it. [5] Q Certainly. [6] A Well, yes, I don't exactly see where the basis [7] of his statement, "appears to be more toxic than [8] ethylbenzene," how much more or - he doesn't even give [9] any basis for the statement, per se, than it is more toxic [10] than ethylbenzene. Maybe it was in some other part of [11] that textbook of his. Gerarde is a well known [12] investigator. [13] Q If he made that statement, would you give that [14] some credit? [15] A I'd give it some credit but I'd still have a [16] couple of caveats about his evidence, but I don't know [17] it. He may have - this may have referred to the paragraph [18] ahead of it. [19] Q But you did decide to quote that in your [20] response to Mr. Ingle, didn't you? [21] A Yes, I did. [22] _____ Q As far as you know, Monsanto didn't do any_________ Page 141 [1] fitrther studies at that time? [2] A As far as I know, Monsanto did not do any by [3] itself or participate in any group study. I do not know [4] I feel quite sure that no group study was done. [5] Q Did Monsanto use toluene and benzene at the [6] Texas City plant? [7] A Did they use [8] Q Toluene and benzene. [9] A Yes, sir. They used benzene a great deal. [10] Whether they separated toluene from benzene, I don't know [11] if they stripped off the toluene and sold it or used it at [12] some process which I don't recall at present. It was [13] around there. [14] Q Is it true that very large amounts of benzene [15] were used m the Texas City plant? [16] A Oh, yes, lots and lots. [17] Q And would there also have been large amounts of [18] toluene 1 [19] A I don't know that exactly. Idon't know that. [20] <2 You just don't know one way or die odier? [21] A That's correct. [22] _____ Q Is toluene a toxic material?__________________________ Page 142 [1] A Again, any industrial compound is toxic. I [2] mean, even aspirin is toxic. It depends on your [3] definition. Even salt is toxic. So it is, under that [4] broad, generic definition. Toluene can be called toxic [5] but I would say it's only moderately toxic as an [6] industrial compound is concerned. [7] Q There were odier diings at die Texas City plant [8] dial were more toxic? [9] A Oh, yes, certainly. [10] Q But toluene is moderately toxic? [11] A Is not what? [12] Q Is it moderately toxic? [13] A By my definition, I would say yes. [14] Q And you knew that in the 1950s? [15] A Yes, sir. [16] Q There were scientific reports in the 1950s that [17] indicated that exposure to toluene could cause chronic [18] toluene poisoning? [19] A I'm not so sure about that. I know that it [20] would cause immediate nervous symptoms. You would get a [21] toluene jag much like the beginning of alcohol [22] intoxication. Whether it caused - it did not cause___________ Page 143 [1] leukemia like benzene and was not as far as aplastic [2] anemia which was attributed to benzene. [3] Q So benzene caused leukemia ? [4] A Yes, sir. [5] Q And benzene caused aplastic anemia? [6] A In sufficient doses, yes, sir, and I probably [7] would have to say it's definitely known in the causes of [8] chronic myelogenous, m-y-e+o-g-e-n-o-u-s, leukemia, but [9] not chronic lymphatic leukemia. [10] Q What's the difference in the two kinds of [11] leukemia? [12] A It depends on which of the cells proliferates, [13] the leukocytes or the lymphocytes. [14] Q Both kinds of leukemia are forms of cancer? [15] A They're both malignant changes. Cancer is [16] usually not a term that's used for leukemias, although [17] it's a serious illness, but it's amenable to treatment [18] much more than other forms of cancer is concerned, so I [19] don't think it can be equated as a cancer. [20] Q It's often fatal? [21] A What? [22] _____Q It's often fatal?______________________________________ Page 144 [1] A Oh, yes, certainly. [2] Q How treatable was it in the 1950s, Dr. Kelly1 [3] A Not very treatable. I don't know when the good [4] chemotherapeutic agents came into play, but it was around [5] that time or a little later. [6] MR. MC CONNELL: Let me show you a document, [7] Dr. Kelly, which we will mark as Kelly Exhibit 14. [8] (Kelly Exhibit 14 identified.) P] BY MR. MC CONNELL: [10] Q Is this a memo that you received fromC.L. [11] Gilmore in 1958? [12] A Yes, it is. [13] Q And who was Mr. Gilmore? [14] A Safety manager at the Monsantoplant at Texas [15] City. [16] Q It's dated February 25, 1958? [17] A Yes, sir. [18] Q And he says "One of the units at die plant is [19] planning on the use of toluene in a process which may [20] involve personnel to be working in an atmosphere [21] containing toluene "? [22] A Yes, sir.____________________________________________ Page 145 [1] Q The workers might be exposed to toluene? [2] A Yes, sir. P] Q In the second paragraph he goes on to say "From [4] the various references available to us, it would seem dial [5] a maximum working concentration would be 200 pans per [6] million. " Is that right. Dr. Kelly? [7] A That's what it says here. [8] Q And he goes on to say "However, these same P] references make references to chronic toluene poisoning [10] which apparently produces blood changes." [11] A Well, he doesn't say "references." He says [12] "inferences." [13] Q I'm sorry, my copy is very hard to read. Is [14] that "inferences"? [15] A "Inferences." [16] Q Why don't we stan over, dien. "However, these [17] same references make inferences to chronic toluene [18] poisoning which apparently produces blood changes. " [19] Mr. Gilmore brought this to your attention in 1958? Page 139 to Page 145 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062461 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(23) [20] A Yes, sir. [21] Q Do you remember what those blood changes were? [22] _____ A No. It probably came from Sax and 1 don't________ Page 146 [1] believe it's been accepted that chronic toluene poisoning [2] causes blood change. It's certainly not similar at all to [3J benzene. [4] Q Whether it's similar to benzene or not, [5] Mr. Gilmore seems to think it caused blood changes; is [6] that correct, sir? [7] A Well, yes, but I don't understand - I don't [8] accept Mr. Gilmore as an authority on blood changes due to [9] toluene. [10] Q He was Monsanto's safety director at the Texas [11] City plant? [12] A That's correct. [13] Q And if Sax said the toluene exposure caused [14] blood changes, you just don't accept that? [15] A That's correct. I don't know if Gilmore is [16] quoting Sax, but that seems to be his bible. [17] Q Did you know Sax? [18] A Did I know him? No. He was an industrial [19] hygienist someplace. He was someone who just compiled a [20] bunch of references and wrote the book. [21] Q You were familiar with Sax back at that lime in [22] the 1950s?__________________________________________________ Page 147 [1] A Yes, sir. [2] MR. MC CONNELL: Dr. Kelly, let me show you a [3] document which we will mark as Kelly Exhibit 15. [4] (Kelly Exhibit 15 identified.) [5] BY MR. MC CONNELL: [6] Q Dr. Kelly, this was a document that was produced [7] by Monsanto in this litigation. It seems to be an excerpt [8] from a longer document and there's a section here on [9] toluene. Do you see that? [10] A Yes, sir. [11] Q There's a section on the first page we have [12] called "Toxicity and Hazards." [13] A The first page says what? [14] Q There's a section B called "Toxicity and [15] Hazards" under toluene? [16] A Yes, sir. [17] Q I'd like to goover some of thestatements here [18] and find out whether you agree with them. [19] A First, I don't know - I don't know who wrote [20] this or what's the date on it or anything about it. [21] Q Nor do I, Dr. Kelly, because this seems to be [22] the form we got it in.________________________________________ Page 148 [1] A Okay. [2] Q And I don 7 think that matters for present [3] purposes. [4] A Okay. [5] Q Under the 'Toxicity andHazards" section there [6] are a rntmber of statements. Dr. Kelly. One of them is [7] this; "Toluene has an acute narcotic effect comparable to [8] that of benzene but lacks the convulsant effect of the P] latter." Do you agree with that statement? [10] A I'd have to look it up in an authoritative [11] toxicological text. It's probably correct, but I can't [12] say I agree with it without knowing more about it. [13] Q It says "Unconsciousness appears earlier in [14] toluene than in benzene poisoning. " Is that right, [15] Dr. Kelly? [16] A I think that's true. [17] QAnd was thatknown back in the 1940s and 1950s? [18] A I believe so. [19] Q It goes on to say "The subacute or chronic [20] toxicity of toluene is considerably less than that of [21] benzene due at least in part to its difference m [22] volatility." Do you agree with that?___________________________ Page 149 [1] A Yes, sir. [2] Q It goes on to say that Toluene may enter the [3] body by inhalation, ingestion or absorption through the [4] skin and mucus membranes." Do you agree with that? [5] A I'd have to check on how easily it is absorbed [6] through the skin. [7] Q Do you believe it is absorbedthroughthe skin? [8] A I don't know. I said I'dhave tocheck it. m q Is it true that toluene may enter the body by [10] inhalation and ingestion? [11] A No question. Yes. [12] Q And you knew that back in the 1940s and 1950s? [13] A Yes, sir. [14] Q It goes on to say. Dr. Kelly, that "toluene [15] exerts a similar but stronger irritant action on the skin [16] and mucus membranes than benzene. Dermatitis may residt [17] from its drying and defatting action on the skin. " Do you [18] agree with that? [19] A Yes, sir. [20] Q War that known in the 1940s and 1950s? [21] A You mean in general? [22] ______ Q War it knownto you?___________________________ Page 150 [1] A Yes, it was. [2] Q It goes on to say "toluene can cause P] considerable damage to the eye tissue. " Do you agree with [4] that? [5] A Yes, sir. [6] Q War that known in the 1940s and '50s? [7] A Yes, sir. [8] Q Let's slap over to the next page. It talks m about effects and there's a section labeled "acute." Do [10] you see that, Dr. Kelly? [11] A Yes. [12] Q It says "exposure to high concentrations of [13] toluene results in headache, vomiting and disturbance of [14] equilibrium. " Do you agree with that? [15] A Yes, sir. [16] Q Was that known in the 1940s and 1950s? [17] A Yes, sir. [18] Q Known to you and Monsanto? [19] A Yes, sir. P0] Q It goes on to say "Loss of consciousness is only [21] rarely encountered. Men exposed to 800 parts per million P2] for three days developed severe nervousness, muscular_____ Page 151 [1] fatigue, extreme nausea and insomnia which persisted for P] several days. They exhibited mental confusion, loss of P] self-control, tack of muscular coordination and impairment [4] of visual accommodation. Similar but less pronounced [5] findings were encountered following exposure to lower [6] concentrations. " Do you agree with that? [7] A Yes, sir. [8] Q Was that known to you back m the 1940s and [9] 1950s? [10] A Yes, sir. [11] Q Monsanto knew about tlutt at that time? [12] A Yes, sir. [13] Q The next section is called "Chronic. " It goes [14] on to say "long-continued or repeated exposure to toluene [15] is followed by headache, giddiness, utsomnia, nervous [16] irritability and iiuibility to work. Loss of appetite, [17] nausea and vomiting are noted." Do you agree with tlutt? [18] A I'm not sure about the loss of appetite, nausea [19] and vomiting. I would have to P0] Q You'd have to check on tlutt part of it? pi] A Yes, sir. [22] _____ Q Do you agree with the rest of it?_________________ Page 152 [1] A Yes, sir. [2] Q And tluu war known to you in the 1940s atui P] 1950s? [4] A Yes, sir. [5] Q It goes on to say "btioterance to alcohol is [6] pronounced and is siffficiently cluiracteristic of tohtene m poisoning to be considered of diagnostic importance. [8] Nosebleeds and heart pains may be encountered." Do you [9] agree with tlutt? [10] A Oh, I'm not sure of the evidence for that. That ACE-FEDERAL REPORTERS, INC, 202-347-3700 Page 145 to Page 152 WATER PCB-SD0000062462 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(24) [11] I'd have to [12] Q You'd have to check on that part? [13] A Yes, that's correct. [14] Q Let's talk about the next part. Dr. Kelly. [15] "Chronic toluene poisoning, like benzene poisoning, [16] produces blood changes. Toluene poisoning differs from [17] benzene poisoning, however, in the absence of extreme [18] changes." Do you agree with that? [19] A I don't know because he doesn't say what the [20] blood changes are. If he's talking about a very mild [21] anemia, that could be one thing. If he's talking about [22] aplastic anemia, he's wrong. So 1 don't know what he's Page 153 [1] talking about, but I can't agree with that statement. He [2] qualifies it and says it differs from benzene poisoning in [3] the absence of extreme changes, so he's got statements in [4] there that only he knows what he's talking about and I [5] don't believe I could agree with it without knowing more [6] about what evidence he has. All I can say is that from an [7] industrial point of view, tohiene is a much less of a [8] problem than benzene. P] Q Benzene is a problem ? [10] A Weil, it could be a problem, yes. [11] Q Did Monsanto monitor workers who were exposed to [12] toluene and benzene in the plants? [13] A They did of the benzene workers. 1 do not [14] believe that we monitored the toluene workers. It [15] depended on the air levels of the benzene. We monitored [16] the working environment and we also monitored the blood [17] levels, the urinary levels of phenols with the benzene [18] workeis. We did that. We did not do that with toluene [19] workers. [20] MR. MC CONNELL: Let me show you, Dr. Kelly, [21] what we will mark as Kelly Exhibit 16. [22] (Kelly Exhibit 16 identified.) Page 154 [1] BY MR. MC CONNELL: [2] Q Dr. Kelly, do you recognize this as a tetter you P] wrote to Mr. A.B. Trebitt in 1959? [4] A I do now. I didn't remember anything about it [5] until you showed me this. [6] Q But you remember it now? [7] A Yes, sir. [8] Q And it's dated September 18, 1959? P] A Yes, sir. [10] Q Mr. Trebitz was at the Vickers Petroleum [11] Company? [12] A Yes, sir. [13] Q And why were you writing to Mr. Trebitz? [14] A He obviously got communication with me asking [15] what we did for periodic examinations on workers with [16] benzene and tohiene. Whether he wrote to me as a [17] physician for a supplier - I don't know if this man was a [18] customer of ours for - we obviously wrote asking about [19] xylene and I told him we - we didn't even make it. And as [20] far as tohiene and benzene are concerned, I do not know [21] whether he wrote to me as a Monsanto employee or a member [22] of the Manufacturing Chemists Association. Sometime when Page 155 [1] I was on that committee people would write into the MCA [2] and they would give it down to me or some other member of [3] the committee. [4] Q Would you read the first sentence of the second [5] paragraph. Dr. Kelly? [6] A "With tohiene and benzene, we examine workers [7] yearly and do a complete blood count, including smear." [8] Q What did you mean. Dr. Kelly, by "we examine P] workers yearly"? [10] A We examined them once a year. [11] Q Did they get a complete physical examination? [12] A Yes, sir, but I'm not sure that we did with [13] tohiene as much as with benzene. An awful lot of times [14] workers were exposed to both tohiene and benzene. I don't [15] remember if we had individuals just exposed to tohiene, [16] per se, and I would doubt if we would give them a yearly [17] examination if they were not exposed to benzole along with [18] the tohiene. [19] Q But your letter does say "With toluene and P0] benzene, we examine workers yearly"? PI] A Yes, sir. P2]________Q And it goes on to say that you do "a complete_______ Page 156 [1] blood count, including smear. " What does that mean, P] Dr. Kelly? P] A Smear is a differential look at the blood [4] ceils. You see the characteristic of the blood cells. In [5] a blood count you just count them. In a smear you look at [6] the character of the blood cells and whether there's any [7] abnormal proportion in any of the individual components of [8] the blood, the various lymphocytes, leukocytes, et cetera, p] Q Is it to determine whether there are any [10] abnormal or changed blood cells? [11] A Yes, sir. [12] Q You go on to say here. Dr. Kelly, "In addition [13] we cany out an interval complete blood count on our [14] benzene workers so that these workers receive a blood [15] count every six months. In addition, we carry out urine [16] sulfate tests on our benzene workers. " What are urine [17] sulfate tests. Dr. Kelly? [18] A It has to do with the ratio of conjugated [19] sulfates in the urine. In addition, it referenced in P0] comparison to the uncoqjugated. I don't know the details PI] of it now but that was a test used for a while and carried P2] out examination of the phenols in blood as a more delicate Page 157 [1] test, so I guess this fell out sometime in 1960. [2] Q In 1959 when you wrote this letter, you knew P] that benzene was an extremely toxic material? [4] A Well, again, you're using a term "extremely [5] toxic." It's a toxic material. There's probably billions [6] of pounds of the stuff made every year and used every year [7] and it is not in the same ballpark as hydrogen cyanide but [8] it is more toxic - I would say it's a toxic compound, not p] highly toxic like cyanide would be, but more toxic than [10] tohiene is, certainly. [11] Q And you knew that long-term exposure would cause [12] aplastic anemia? [13] A In a sufficient amount. There was - the [14] government had set various safe levels. I don't know what [15] the level was in 1959, but 1 think it was around 100 parts [16] per million, something along there, and then they dropped [17] it to 50 and then they dropped it to 10, and I think they [18] were talking about dropping it to one by the time I left [19] Monsanto. So it was a toxic compound. P0] Q No secret? [21] A I beg your pardon? [22] ____ Q No secret?__________________________________________ Page 158 [1] A No what? [2] Q It wasn't a secret? P] A Oh, no. [4] Q And it causes leukemia? [5] A Benzene? [6] Q Yes, sir. [7] A It can cause leukemia insufficient dose. [8] Q And you knew that at the time? P] A Yes, sir. [10] (Pause.) [11] MR. MC CONNELL: Dr. Kelly, let me ask you to [12] look at a document which we'll mark as Kelly Exhibit 17. [13] (Kelly Exhibit 17 identified.) [14] BY MR. MC CONNELL: [15] Q This is a memo from W.R. Skinner to J.H. [16] Keman. It's dated July 25, 1947, and if you'll took in [17] the upper right-lumd comer, there's a list of names and [18] Dr. R.E. Kelly is one of those names? [19] A Yes, sir. P0] Q Is this a memo you received a copy of back in [21] 1947? [22] A Yes, sir.___________________________________________ Page 159 [1] Q Who nor W.R. Skinner? Page 152 to Page 159 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062463 BSA Depo of R. Emmet KeDy MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAXP5) [2] A WJL who? [3] Q W.R. Skinner. [4] A I don't knowwhohe was. [5] Q In any event, thisis a memo about benzene [6] toxicity? [7] A Yes. [8] Q And the first sentence says "Answering our [9] inquiry about the toxicity cf benzene and how to deal with [10] it, Dr. R.E. Kelly stated that among other precautionary [11] steps, 'medical control by blood counts and urine tests' [12] should be considered. " [13] A Yes, sir. [14] Q And is that an accurate statement of the [15] measures you were taking in the late 1940s regarding [16] benzene exposure? [17] A Yes, sir. [18] Q Further down it says "It seems best that the [19] medical department be prepared to make such tests and at [20] such intervals as are necessary to detect a tendency to [21] chronic benzene poisoning, and alsa. be prepared to deal [22] with cases of acute poisoning as well. " And my question Page 160 [1] for you is, did the Monsanto medical department deal with ' [2] cases of benzene poisoning back in the 1940s? [3] A No, we never had it We prevented it. [4] Q You were prepared for it? [5] A Yes, sir. [6] Q And you worked hard to prevent any exposure to [7] the workers? [8] A WeO, we did work hard but we took the proper [9] precautionary steps to prevent it. [10] Q And the toxicity information about benzene that [11] we've been talking about was known to you in the late [12] 1940s? [13] A Yes, sir. [14] Q What is benzol, Dr. Kelly? [15] A Same as benzene. [16] Q The same thing as benzene? [17] A Yes, sir. [18] Q Different term for the same chemical? [19] A Yes, sir, just Kke "whiskey" is spelled [20] differently in the United States than the United Kingdom. [21] MR. MC CONNELL: Let me show you a document [22] which we'll mark as Kelly Exhibit 18,_____________________ Page 161 [1] (Kelly Exhibit 18 identified.) [2] BY MR. MC CONNELL: P] Q Is this a memo that you received from Robert D. [4] Sutherland in 1946? [5] A Yes, sir, it is. [6] Q It's dated May 20, 1946? [7] . A Yes, sir. [8] Q Who was Robert D. Sutherland? [9] A I haven't the slightest idea. It says he was a [10] safety engineer for the Reconstruction Finance [11] Corporation, which was an agent for Monsanto Chemical [12] Company in Texas City. [13] Q Do you know what the Reconstruction Finance [14] Corporation was? [15] A No, sir, I don't. [16] Q And ifyou read the letterhead at the top, it [17] says "Monsanto Chemical Company, agentfor Reconstruction [18] Fuiance Corp." [19] A Yes, sir, I read that. [20] Q And do you know what the relationship was PI] between Monsanto and the Reconstruction Finance Corp. at [22] that time?________________________________________________ Page 162 [1] A We were their agent, but I don't know what else [2] that means. P] Q Would you read the first sentence of that, [4] Dr. Kelly. [5] A "We have been running blood counts on all our [6] lab personnel to check on the absorption of benzol lumes [7] and the tests have shown that the hemoglobin was low on [8] all tested with the exception of three." [9] Q What would it mean to you if the hemoglobin [10] counts were low on those employees after the exposure to [11] benzol? [12] A It could mean a lot of different things. How [13] low was it? What's the percentage? Three out of how [14] many? Did he have 20 people where their hemoglobin was [15] low? It could be from the action of benzene. It could be [16] from the loss of blood. I don't know if these were [17] females or males or if they had another reason to have a [18] low hemoglobin. So it was just something that had to be [19] investigated. P0] Q He goes on to say "Our principal hazard in the PI] lab is from benzol fumes which are contained in all our P2] materials such as styrene, ethylbenzene, polyethylbenzol._________ Page 163 [1] et cetera. " Is that an accurate statement? P] A I don't know - no, I don't think so. I don't P] know what he means by saying benzol fumes are contained in [4] all our materials such as styrene. Maybe there's a small [5] percentage of benzene residual in styrene, but I don't [6] know what the exposure would be, what - the lab people as [7] a rule do not get a great deal of exposure. They work [8] under hoods and other laboratory apparatus. So I don't [9] know what he means by that's the hazard. [10] Q He goes on to ask you to contact the plant [11] physician, Dr. Manske? [12] A Yes, sir. [13] Q Do you remember doing that? [14] A I'm sure I did, but I don't remember it. [15] Q You don't remember what the follow-up on this [16] problem was? [17] A No, sir. 47 years ago? I don't remember. [18] MR. MC CONNELL: Whydon't we take five. [19] (Recess.) P0] BY MR. MC CONNELL: PI] Q Dr. Kelly, we 're allback now. Do yourecall P2] that a little earlier you and I had some discussions about_______ Page 164 [1] the acetylene soot at the Monsanto Texas City plant? P] A Yes, sir. P] Q And you couldn't remember when we talked whether m there had been some evidence that there were polynuclear [5] aromatic compounds contained in that soot; is that right, [6] sir? [7] A No - well, no, I think it was established that [8] there was some, but I thought the discussion was whether [9] or not it was a possible carcinogen. [10] Q And you remember it was established that there [11] were polynuclear aromatics contained in the soot? [12] A I'm not really sure. [13] MR. MC CONNELL: Why don't we do this: I'll [14] show you a document. Dr. Kelly, which we will mark as [15] Kelly Exhibit 19. [16] (Kelly Exhibit 19 identified.) [17] BY MR. MC CONNELL: [18] Q Dr. Kelly, this is a letter from Jack Garrett to [19] Mr. Joseph Houghton, H-o-u-g-h-t-o-n. Your name doesn't P0] appear on this document, Dr. Kelly, but I would draw your pi] attention to the second paragraph of the letter. And by P2] the way, this is dated December 8, 1958; is that correct,________ Page 165 [1] sir? [2] A Yes, sir. P] Q And Mr. Garrett was working on vottr staff at [4] that time in the medical department? [5] A Yes, sir. [6] Q The second paragraph of the letter, Mr. Garrett m says "While discussing the acetylene soot problem with [8] Mr. Rotzler, who supervises this group of departments, die [9] acetylene polymer problem was brought up. There is a [10] possibility that if there are polynuclear aromatic [11] hydrocarbons in the soot, some of these compounds are also [12] in the acetylene polymer." Does dds refresh your memory [13] that by 1958 it had been established that there were [14] polynuclear aromatics in the acetylene soot? [15] A No, sir. They don't say it was established. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 159 to Page 165 WATER PCB-SD0000062464 BSA Depo of R. Emmet Kefly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(26) [16] They say there's a possibility that if there are [17] polynuclear aromatic hydrocarbons, some of these are also [18] in the acetylene polymer. So if there weren't any in the [19] soot, there wouldn't be any in the polymer, so it's just a [20] possibility, [21] MR. MC CONNELL: Let's take a look at a document [22] that we will mark as Kelly Exhibit 20.______________________ Page 166 [1] (Kelly Exhibit 20 identified.) [2] BY MR. MC CONNELL: P] Q Do you have that in front of you now, sir? [4] A Yes, I do. [5] Q This is a memo from M.L Owens to R.J. Schatz? [6] A Yes, sir. [7] Q Did you know those men, sir? [8] A Did I know [9] Q Did you know them at die time? [10] A No, not those two. [11] Q This is a memorandum dated January 19, 1959? [12] A Yes, sir. - [13] Q And ifyou 'U look in the column in the upper [14] right-hand comer, a copy apparently went to Jack Garrett [15] in St. Louis? [16] A Yes, sir. [17] Q And Jack Garrett war working in your medical [18] department at the time? [19] A That's correct. [20] Q If we could look at paragraph1, the memorandum [21] says "Incomplete combustion of gaseous fuels, including [22] acetylene, forms condensed polynuclear hydrocarbons.________ Page 167 [1] Those foundfairly conclusively in the work of references P] 4 and 5 (Tebbens) included 3,4-benzpyrene and P] 1,2fr,6-dibenzanthracene which are known to be [4] carcinogenic. " Do you see that. Dr. Kelly? [5] A Yes, sir, I see it [6] Q And do you remember knowing that at the time? [7] A I don't remonber whether I knew itor not. [8] Q Ifyou'll look at the second paragraph, the [9] memorandum says "Any extensive analytical work on [10] Department 18 soot will without doubt in my mind find some [11] 3,4-benzpyrene. The definition of 'some' is the hooker in [12] this whole problem. Houghton says the presence of [13] benzpyrene from his lab work can be suspected. I think he [14] has shown it is present. " Do you see that. Dr. Kelly? [15] A Yes, sir. [16] Q Did Mr. Garrett ever bring this to your [17] attention back in the 1950s? [18] A Let me finish the paragraph. [19] Q Go ahead and take your time, too. [20] A Yes, sir. ' [21] Q My question is simply whether Mr. Garrett [22] discussed this matter with you back in the 1950s._____________ Page 168 [1] A I don't remember whether he did or not. [2] Q As we're sitting here today, you can't remember P] one way or the other? [4] A That's correct. [5] Q You don i remember what Monsanto was doing with [6] its acetylene soot from the Texas City plant at the time? [7] A I don't remember. [8] Q Do you remember at any time what Monsanto did [9] with the acetylene soot from the plant? [10] A I remember there was a great deal - not a great [11] deal, but there was considerable discussion about the [12] acetylene soot and presence or absence of any carcinogenic [13] products in it, but I have no dear recollection of what [14] was done, what we established one way or the other. [15] Q That was handled by Mr. Garrett? [16] A I beg your pardon? [17] Q That was handled by Mr. Garrett? [18] A Yes, 1 think so. [19] Q Dr. Kelly, do you remember in the 1950s there [20] were some questions that came up about benzene that Hot [21] contained in polyethylene manufactured by Monsanto? [22] _____ A You don't mean polystyrene?______________________ Page 169 [1] Q No, sir. [2] A Maybe the memorandum will refresh me. P] MR. MC CONNELL: Let me show you a document that [4] we'll mark as Kelly Exhibit 21. [5] (Kelly Exhibit 21 identified.) [6] BY MR, MC CONNELL: [7] Q Is this a memo that you received from John Fox [8] in 1958? [9] A Yes, it is. [10] Q And Mr. Fox is the gentleman at the Monsanto [11] Texas City plant that we discussed earlier today? [12] A Yes, we discussed his position at Texas City. [13] Q He was the safety director? [14] A No. He was - Gilmore was the safety director. [15] Fox was research, part industrial hygiene, part safety, I [16] guess. I don't really know what his title was, but he was [17] doing some things in all those three areas. [18] Q The date on this memo is May 29, 1958? [19] A Yes, sir. [20] Q And the subject is "Benzene in Polyethylene"? PI] A Yes, sir. [22]Q Do you remember that Mr. Fox wrote you to ask Page 170 [1] for some information about the benzene contamination in P] polyethylene? P] A Do I remember that he asked me? [4] Q Yes, sir. [5] A Yes, sir. [6] Q dnd that polyethylene was going to be used for [7] food packaging? [8] A Yes, sir. [9] 2 He went on to say that at present the only [10] available information they have is that the fresh [11] unrefined pellets contain 400 to 500 parts per million of [12] benzene and die refined pellets 50 parts per million? [13] A That's whathe says. [14] 2 And he goes on to say they "have no information [15] on how much is left in the polymer after it passes through [16] a molding machine but since the machine operates at 350 [17] degrees centigrade, there shouldn't be much benzene [18] left." [19] A Yes, sir. [20] 2 And do you remember that was a problem that PI] confronted Monsanto back in 1958? [22]________A Well, I don't remember how extensive the problem Page 171 [1] was or how it was solved. Were there any other memorandum P] of mine back to him? P] 2 He goes on to say that "the imrefined product is [4] already on die market. " [5] A That's what he says. [6] 2 diat accurate? [7] A I don't know. [8] Q Do you have any reason to question it? [9] A What? [10] 2 Do you have any reason to question it? [11] A No, I don't have any reason to distrust him, but [12] I can't of my own knowledge say it's accurate or not. [13] 2 He goes on to say their "question now is [14] whether there is an acceptable limit already established [15] for benzene in polyethylene. They are rather late [16] requesting diis information but they needed to first [17] obtain reliable information on die amount of benzene [18] present. " [19] A That's what he says. [20] 2 And he goes on to say "if refuting is necessary [21] to reduce die level to 50 parts per million, die P2] production cost will certamly be increased. Any fitrther Page 172 [1] lowering would really get expensive." [2] A Yes, sir. P] 2 Way that true? [4] A I don't know how - obviously if you're going to [5] do more refining, the cost is going to go up. I don't [6] know what he means by "really get expensive." I don't Page 165 to Page 172 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062465 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 XMAX(27) [7] know what (hat means. 08] Q Was there a concern at Monsanto about increasing 19] the production costs? [10] A WeD, I don't know. This is John Fox. This is [11] not the manufacturing group. This is not the research [12] group, and I don't know how to resolve the problem. [13] Obviously, as he does say, if you put - no matter how much [14] benzene, 400 parts per million in pellets, you subjected [15] them to 350 degrees centigrade, you're going to volatilize [16] an awful lot. If there's any benzene in there, it's not [17] going to be remaining at the other end of the extrusion [18] line, so it would appear the sensible thing would be to [19] get some of the material that comes out of a molding [20] machine and see whether there's any benzene left in it at [21] that point rather than any pellets. [22] _____ Q Would it be important to make sure there wasn't______ Page 173 [1] any benzene left in the material that was going to be used [2] forfood packaging? [3] A Any benzene, no. I think that the FDA has put [4] limits on sometime, I don't know when they did it, in food [5] packaging but down to a zero level is not necessary. [6] MR. MC CONNELL: Let's look at your answer to [7] Mr. Fox. Let's mark this as Kelly Exhibit 22. PS] (Kelly Exhibit 22 identified.) [9] BY MR. MC CONNELL: [10] Q Would you read that and tell me when you're [11] finished. Dr. Kelly. [12] A Yes. Yes, sir. [13] Q Is this your memo to Mr. Fox regarding benzene [14] itt polyethylene? [15] A Yes, sir. [16] Q It's dated June 2, 1958? [17] A Yes, sir. [18] Q Let's look at the first paragraph, Dr. Kelly. [19] You say "First, a strict scientific answer to your P0] question as to 'the amount of benzene that can be safety [21] left in polyethylene used in food packaging' would require [22] extraction data. Even then the individual would have to________ Page 174 [1] come out with an opinion which would be more or less an P] educated guess." [3] A Yes, sir. [4] Q So you didn't really know with any certainty how [5] much benzene would be left in the food packaging ? [6] A We're not dealing with opinions. We're dealing [7] with Food and Drug Administration thinking and if I were PS] the individual, I'd have to come out with a more or less [9] educated guess, depending on what the level was. If it [10] was 1 part per million in the food packaging, I would say [11] forget about it. It's no problem. If it were more, that [12] may be get into the regulatory aspect. I don't know where [13] I came up with that a 10th of a part per mJKnn that the [14] FDA might be talking about. I just don't know. [15] Q Let's read the next paragraph. Would you read [16] that for us, Dr. Kelly. [17] A Which is the next one? [18] Q "You then ask. " [19] A "You then ask whether or not there is any level [20] that would be acceptable. I presume by this you mean [21] acceptable by the Food and Drug Administration. If any is [22] extractable, the FDA would say if more than a 10th of a Page 175 [1] part per millinn came out, it would be unacceptable." [2] Q Let me smp you there and ask a question. You [3] told Mr. Fox that the FDA would say it was unacceptable if [4] more than a IOtlt of a part per million came out of the [5] material? [6] A That's what I told them. I do not know at the [7] present time what my bass for that statement was. [8] Q But that's what you told Mr. Fox in 1958? [9] A That's what I told him in 1958, yes. [10] Q Would you read the first sentence of the next [11] paragraph. [12] A "Now we can come down to being practical." [13] Q So you're putting aside what the FDA thinks and [14] you're talking about what's practical? [15] MR. BRAY: I object to that characterization. [16] MR. MC CONNELL: Object to the coaching. You [17] can answer. [18] MR. BRAY: What coaching are you talking about? [19] I object to the mischaracterization of what you said. [20] That's all I said. [21] BY MR. MC CONNELL: [22] _____ Q You can answer, Dr. Kelly. Do you need to hear Page 176 [1] the question again ? [2] A I'd like to hear the question, yes, sir. [3] MR. MC CONNELL: Read it back to him. [4] (The reporter read the record as requested.) [5] THE WITNESS: Well, no. Certainly anything the [6] FDA says is pretty practical because they're the ones who [7] are in charge, but I go on to say if we have 400 parts per [8] million in the refined pellets, which are then stored and [9] come through a molding machine at 350 degrees C, that [10] would present no hazard to the ultimate user. But [11] unfortunately, mine might be a strong vote if we're taking [12] it up with the FDA because I feel sure any benzene not [13] removed by molding at 350 degrees C would be so bound with [14] polyethylene it would not be removed by contact with the [15] food. [16] BY MR. MC CONNELL: [17] Q Was it important, Dr. Kelly, to make sure there [18] wasn't any benzene getting into the food? [19] A It was important to find out what level would be [20] getting into the food. "Any" is not necessarily the right [21] answer. [22] _____ Q And you went on to say here, Dr. Kelly,_____________ Page 177 [1] "Believing this and proving it are two different things so [2] what we should do is keep still about any possible benzene P] contamination in polyethylene. " Did you write that, [4] Dr. Kelly? [5] A Did I write it? Yes, I did. [6] Q What did you mean. Dr. Kelly, when you said [7] "what we should do is keep still about any possible m benzene contamination in polyethylene"? [9] A Yes, sir. [10] Q What did you mean try that? [11] A Well, until we found out really what levels of [12] benzole contamination were present, we ought to keep still [13] about it. Maybe we've got a problem, but maybe we don't. [14] We don't know anything about it. [15] Q You didn't tell the FDA? [16] A 1 can't answer that. Now I don't know whether 1 [17] did or not. Whether I did or not, 1 don't know. [18] Q You didn't tell your customers? [19] A No, I did not. P0] Q And in fact, you wenton - go ahead,Dr. Kelly. PI] A Because, in my belief,we did nothave any [22] problem with safety with any food that was packaged in Page 178 [1] polyethylene that came through a molding machine at 350 [2] degrees C. P] Q And you went on to say "l think our salespeople [4] should be notified but certainly no one on the otuside [5] should be told about it. " [6] A Yes, sir, I said that. [7] Q To the best of your knowledge. Dr. Kelly, is it [8] true that no one on the outside was told about it? [9] A I don't know. I don't know what developed after [10] March of 1958. I don't know what else happened. Do you [11] have anymore memoranda there on this matter? [12] Q You just don't remember? [13] A I don't remember. [14] Q You don't remember going to the FDA to talk with [15] them about this? [16] A I don't remember going. I don't believe I went, [17] but there certainly may be correspondence with the FDA. [18] Q Can you remember any correspondence with the FDA [19] as we sit here today? P0] A 1 don't remanber. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 172 to Page 178 WATER PCB-SD0000062466 BSA Depo of R. Emmet KeDy MONSANTO V AETNA January 27, 1993 Cr.54223,0 XMAXI28) [21] MR. MC CONNELL: Let me show you a document, [22] Dr. Kelly, which we will mark aa Kelly Exhibit 23.____________ Page 179 [1] (Kelly Exhibit 23 identified.) [2] BY MR. MC CONNELL: [3] Q Is this a memo that you got from John L. Tuley [4] in 1964? [5] A I can't make out the date, but it is March the [6] 5th, something. [7] Q On my copy it looks like March 4, 1964. [8] A Mine is March the 5th - oh, I see. [9] MR. FLORIG: You're looking in two different [10] places. [11] BY MR. MC CONNELL: [12] Q Oh, there's a stamped date, which is not very [13] legible. In fact, l can barely see it on my copy and [14] there's a typewritten date on the left. [15] A I wasn't seeing that. Yes, that's correct, [16] March 4, '64. [17] Q Subject is"Toxicity of Benzene"? [18] A Yes, sir. [19] Q Who was Mr. Tuley? [20] A Safety supervisor at the Long Beach plant of the [21] Monsanto Company. [22] _____ Q And without reading it all. Dr. Kelly, Mr. Tuley_______ Page 180 [1] advised you that they anticipated using benzene in a [2] process starting up at the Long Beach plant? [3] A Yes, sir. [4] Q And he asked your advice about benzene toxicity? [5] A Yes, sir. [6] Q Do you remember your response to Mr. Tuley? [7] A No, I don't remember it. [8] MR. MC CONNELL: Let me show you a document that [?] we'll mark as Kelly Exhibit 24. [10] (Kelly Exhibit 24 identified.) [11] BY MR. MC CONNELL: [12] Q Is this your letter back to Mr. Tuley? [13] A Yes, it is. [14] Q Dated March 10, 1964? [15] A Yes, sir. [16] Q You provided him some information about benzene [171 toxicity? [18] A I beg your pardon? [19] Q You provided Mr. Tuley with some information [20] about benzene toxicity? [21] A Yes. [22] _____ Q Would you read the first sentence in the second________ Page 181 [1] paragraph. [2] A "From the medical point of view, 1 am distressed [3] at the substitution of benzene for a less toxic solvent, [4] toluene." [5] Q And that's what you told me earlier, that [6] benzene is more toxic than toluene? [7] A Yes, sir. [8] Q And Mr. Tuley and the people at the Long Beach [9] plant were substituting benzene for toluene in their [10] process; is tluit right? [11] A That's what it seems they wanted to do. [12] Q Would you read the next sentence for us? [13] A "I am sure, however, that you have sufficient [14] commercial justification." [15] Q What hus the commercial justification for [16] changing to a more toxic solvent? [17] A Maybe it was a better product. [18] Q Maybe it was cheaper? [19] A I beg your pardon? [20] Q Maybe it was cheaper? [21] A I don't really know the cost differential [22] between benzene and toluene.________________________________ Page 182 [1] Q You go on to say there, Dr. Kelly - why don't [2] you just read the next sentence for us. [3] A "While it is true the process is a closed one, [4] we always have to worry about leaks. We have found the [5] pump house to be an extremely dangerous area." [6] Q What did you mean by that last statement, [7] Dr. Kelly? [8] A Wed, the pump house is a place where pumps are [9] enclosed in a nnll outade shed and the possibility of [10] leaks through the gaskets and the various parts of the [11] pumps can occur, and it was one of the more - places [12] where the exposure would be higher. [13] Q And you were always worried about leaks in the [14] pump house? [15] A WeD, we worried in case there were a leak. We [16] didn't have leaks all the time. We didn't have people [17] working around the pump house, but they had to go and [18] check the pumps. Presumably they went in and did [19] something with the packing of the pump, had to tear a pump [20] down. Pumps don't leak all the time, obviously, but there [21] could be leaks and there could be repairs on the pumps. [22] _____ Q And if you're running a chemical plant, you know Page 183 [1] you 're going to have leaks from time to time; is that [2] right? [3] A WeD, we don't know. We always are getting - [4] allegedly getting better pumps that won't leak but that [5] doesn't seem to happoi afl the time. [6] Q Sometimes they do leak? [7] A Sometime they leak, sure. [8] Q Do you remember. Dr. Kelly, there was an issue [9] in the 1950s about a possible acrylonitrile contamination [10] of the styrene made by Monsanto? [11] A I don't remember that. [12] MR. MC CONNELL: Let me show you a document [13] which we'll mark as Kelly Exhibit 25. [14] (Kelly Exhibit 25 identified.) [15] BY MR. MC CONNELL: [16] Q Is this a letter that you got from F.J. Halm in [17] 1953? [18] A Yes, sir. [19] Q I'm sorry, I thinkthat's 1958, Dr. Kelly. I [20] didn't mislead you but it's hard to read. It's dated June [21] 11, 1958? [22] _____A Yes, sir. _______________________________________ Page 184 [1] Q Who was F.J. Hahn? [2] A I don't know. [3] Q Do you remember he worked in Monsanto s [4] Massaclmsetts plant? [5] A Yes - I mean, this came from Springfield so I'm [6] sure he worked there. [7] Q He says in the first paragraph that "The present [8] arrangement for manufacturing styrene and styrene [9] copolymer lattices requires that they share equipment with [10] Lytron 680 which rinploys acrylonitrile"? [11] A Yes, sir. [12] Q And he goes on to say that "This arrangement [13] presents the possibility of contamination of the stvrene [14] lattices with acrylonitrile monomer and since these [15] lattices were sold in food packaging applications, we are [16] faced with the need to determine the degree of [17] acrylonitrile contamination as a regular control [18] measure." Do you remember discussing that with Mr. Halm? [19] A No, 1 don't. CO] Q Do you remember anything at all about this Cl] problem? [22]_______A No, sir.__________ ___________________________________ Page 185 [1] MR. MC CONNELL: Let me show you a document C] which we'll mark as Kelly Exhibit 26. [3] (Kelly Exhibit 26 identified.) [4] BY MR. MC CONNELL: [5] Q Do you recognize this, Dr. Kelly, as your [6] response to Mr. Hahn? [7] A No, I don't. Let me read it all the way through [8] and I may be able to remember. P] MR. MC CONNELL: Sure. [10] (Pause.) [11] THE WTTNESS: Yes, sir, I finished reading it. Page 178 to Page 185 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000062467 BSA Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 [12] BY MR. MC CONNELL: [13] Q Do you recognize that now as your response to [14] Mr. Hahn? [15] A Yes, I do. [16] Q It's dated July 7, 1958? [17] A Yes, sir. [18] Q 1 have just one or two very short questions [19] about this, Dr. Kelly. Would you look down at the fifth PO] paragraph in the letter. PI] A Yes, sir. [22]Q Would you read just the first sentence for us? Page 186 [1] A "I might also say that Dr. Lehman would take a [2] very negative view as to the presence of any AN in an [3] extractable form." [4] Q Who was Dr.Lehman? [5] A Director of the Food and Drug Administration [6] director of pharmacology. [7] Q And you knew in 1958 that he would take a very [8] negative view about any acrylonitrile that might migrate [9] into food products? [10] MR. BRAY: Objection to that characterization of [11] the document. [12] MR. MC CONNELL: Object to your coaching again, [13] Jack. [14] MR. BRAY: That's an objection. If you're going [15] to mislead and misstate the document, I have to object. [16] There's no other way to do it. This is very short. [17] THE WTTNESS: Well, I said I really didn't know [18] what Lehman was going to do, but I say I believe that he [19] would take a negative view as to the presence of any AN in PO] an extractable form. PI] BY MR. MC CONNELL: [22]Q And you knew that in 1958? Page 187 [1] A Yes, sir. P] MR. MC CONNELL: It's 5:00 and we've promised to P] turn over the conference room at 5:00, so I think we [4] should set a date for - a time for resuming in the [5] morning. [6] MR. BRAY: The earlier the better. [7] MR. MC CONNELL: Why don't we go off the record [8] for a minute. [9] (Discussion off the record.) [10] (Whereupon, at 5:00 p.m., the deposition was [11] adjourned, to reconvene at 9:30 a.m., Thursday, January [12] 28, 1993.) [13] [14] [15] [16] R. EMMET KELLY [17] [18] [19] [20] [21] [22] XMAX129) ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 185 to Page 187 WATER PCB-SD0000062468 BSA Look-See Concordance Report 2,404 UNIQUE WORDS 386 NOISE WORDS 29,719 TOTAL WORDS SINGLE FILE CONCORDANCE CASE SENSITIVE WORD RANGES @ BOTTOM OF PAGE $100,000 [1] 138:8 $200 [1] 22:5 0------------------------ - - 0.75 [1] 134:20 -------------TIT I [8] 3:4; 26:7, 8; 98:8; 126:21; 137:3; 166:20; 174:10 1,2,5,6-dibenzanthracene [1] 167:3 1.0 [1] 128:15 1.6 [1] 127:19 1/19/59 [1] 3:17 10 [15] 3:9; 14:1; 24:12, 15; 28:1; 38:6, 8; 39:12; 76:8; 107:6, 20; 123:1, 2; 157:17; 180:14 10.000 [2] 124:6; 125:3 10-12 [1] 124:4 10/9/48 [1] 3:9 100 [9] 21:1; 106:4; 108:11; 109:9; 127:20; 128:1; 138:1; 157:15 1025 [1] 2:4 106 [1] 3:8 10:05 [1] 1:19 10th [3] 174:13, 22; 175:4 II [10] 3:9; 26:12; 70:3, 5; 109:17; 116:2; 131:7, 8; 138:18; 183:21 11/11/54 [1] 3:4 110 [1] 138:1 115 [1] 3:8 12 [8] 3:10; 62:20; 63:17, 18; 86:2; 114:21; 133:20, 21 12/8/58 [1] 3:16 1201 [1] 1:18 123 [1] 3:9 12:00 [1] 65:15 13 [4] 3:10; 62:20; 138:12, 13 131 [1] 3:9 134 [1] 3:10 138 [1] 3:10 14 [6] 3:11; 63:17, 18; 92:4; 144:7, 8 144 [1] 3:11 147 [1] 3:12 15 [13] 3:12; 23:21; 38:17; 39:5; 116:12; 117:10, 12, 13, 15, 16; 147:3, 4 1500 [1] 28:19 153 [1] 3:13 155 [1] 127:22 158 [1] 3:14 16 [4] 3:13; 117:19; 153:21, 22 Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 161 [1] 3:15 164 [1] 3:16 166 [1] 3:17 169 [1] 3:18 17 [3] 3:14; 158:12, 13 173 [1] 3:19 1776 [1] 2:19 179 [1] 3:20 18 [6] 3:15; 4:22; 154:8; 160:22; 161:1; 167:10 180 [1] 3:21 183 [1] 3:22 19 [4] 3:16; 164:15, 16; 166:11 19103 [1] 2:14 1930 [1] 10:13 1930s [2] 17:6; 68:6 1932 [3] 10:14, 18; 12:3 1936 [5] 12:10; 13:21; 14:5; 15:22; 31:4 1940s [21] 17:6; 68:4; 121:2, 6, 9; 122:12, 20; 124:8; 126:1; 131:13; 132:9; 148:17; 149:12, 20; 150:6, 16; 151:8; 152:2; 159:15; 160:2, 12 1942 [8] 14:6; 15:15, 22; 31:4, 5; 121:17; 128:19; 137:6 1946 [13] 11:20; 15:15; 20:11; 31:17; 33:22; 34:1, 21; 35:9, 17; 36:15; 37:13; 161:4, 6 1947 [5] 35:14; 39:13; 41:9; 158:16, 21 1948 [2] 131:14, 20 1949 [1] 129:20 195 [1] 34:1 1950s [32] 26:1; 27:7, 17; 28:5; 34:1, 12; 35:2, 3; 72:3; 89:14; 90:17; 111:10, 21; 118:2; 119:1, 14; 120:3, 20; 142:14, 16; 144:2; 146:22; 148:17; 149:12, 20; 150:16; 151:9; 152:3; 167:17, 22; 168:19; 183:9 1951 [1] 26:22 1952 [7] 35:3; 45:4; 82:18, 20; 84:12; 85:1, 20 1953 [2] 45:4; 183:17 1954 [2] 26:12; 115:10 1956 [12] 58:14; 92:4; 93:7, 17; 96:2; 97:11; 98:11; 99:18; 100:5; 101:17; 113:13, 16 1957 [3] 70:3, 5; 76:20 1958 [17] 144:11, 16; 145:19; 164:22; 165:13; 169:8, 18; 170:21; 173:16; 175:8, 9; 178:10; 183:19, 21; 185:16; 186:7, 22 1959 [5] 154:3, 8; 157:2, 15; 166:11 1960 [3] 61:5, 13; 157:1 1960s [1] 120:3 1961 [5] 133:14; 134:4; 135:15; 138:18; 139:21 1962 [6] 3:4; 57:2; 60:1; 61:9; 62:8, 11 1963 [9] 3:7; 106:22; 107:11, 15; 108:22; 109:5, 13; 110:15; 111:6 1964 [3] 179:4, 7; 180:14 1970 [3] 61:13; 79:3, 5 1970s [2] 26:2; 34:12 1971 [1] 57:9 1972 [1] 25:17 1974 [8] 21:11; 34:22; 35:2; 37:13, 17; 38:3; 51:5; 62:17 1993 [2] 1:15; 187:12 1:00 [1] 65:16 1:06 [1] 66:1 1st [1] 21:11 -2 - 2 [9] 3:4; 56:18, 19; 98:14; 116:1; 117:12; 128:5; 139:11; 173:16 2.0 [1] 128:12 2/25/58 [1] 3:11 20 [7] 3:17; 4:22; 96:2; 161:6; 162:14; 165:22; 166:1 200 [1] 145:5 20006 [1] 2:20 20007 [1] 2:6 2005 [1] 2:13 201 [1] 32:17 202 [1] 32:17 20th [1] 138:2 21 [3] 3:18; 169:4, 5 219 [1] 26:17 22 [3] 3:19; 173:7, 8 23 [3] 3:20; 178:22; 179:1 24 [5] 3:21; 26:21; 86:2; 180:9, 10 2400 [1] 124:5 25 [5] 3:22; 144:16; 158:16; 183:13, 14 26 [3] 3:4; 185a, 3 27 [1] 1:15 28 [2] 79:5; 187:12 28-day [1] 128:18 29 [1] 169:18 299 [1] 127:14 ------------------------- 3 [6] 3:5; 69:21, 22; 82:18; 100:17; 101:3 3,4-benzpyrene [2] 167a, 11 3-1/2 [1] 128:2 3/10/64 [1] 3:21 3/14/56 [1] 3:6 3/20/56 [1] 3:7 3/4/64 [1] 3:20 30 [4] 115:10; 116:22; 122:16; 137:3 30-60 [1] 124:7 300 [1] 2:5 301 [1] 123:19 335 [1] 88:22 35 [2] 12:3, 18 350 [5] 170:16; 172:15; 176:9, 13; 178:1 37 [1] 27:2 3rd [1] 82:20 --------------- m------------ 4 [9] 3:2, 5; 78:11, 12; 102a, 6; 167:2; 179:7, 16 4/11/57 [1] 3:5 4/11/61 [1] 3:10 4/5/61 [1] 3:10 40 [2] 12:18; 109:11 400 [3] 170:11; 172:14; 176:7 41 [1] 13:21 42 [1] 13:22 45 [1] 38:11 46 [3] 37:14; 39:14; 124:5 47 [4] 36:6; 39:14; 163:17 49,500 [1] 27:1 --------- ---------------- 5 [5] 3:6; 82:14, 15; 134:4; 167:2 5/20/46 [1] 3:15 5/29/58 [1] 3:18 50 [8] 54J; 69:15; 106:5; 109:11; 128:13; 157:17; 170:12; 171 ai 500 [1] 170:11 50s [6] 26a; 54:11, 19; 55:4; 58:15; 150:6 52 [1] 36:8 53 [2] 35:4; 36:8 55 [2] 38a, 5 56 [1] 3:4 5:00 P] 187a, 3, 10 5th [2] 179:6, 8 -------- ::------------- 6 [8] 3:6; 91:16, 17; 116:12, 14, 18, 19; 117:7 6/11/58 [1] 3a2 6/2/58 [1] 3:19 6/30/54 [1] 3^ 60s [4] 54:11, 19; 55:4; 62:13 63 [1] 113:1 63105 [1] 4:19 64 [1] 179:16 65 [1] 21:13 665 [1] 4:18 680 [1] 184:10 69 [1] 3:5 7 [5] 3:7; 95:17, 18; 117:13; 185:16 7/25/47 [1] 3:14 7/3/52 [1] 3:6 70-kilogram [1] 127:22 70s [2] 54ai, 22 71 [1] 61:12 73 [1] 25:17 74 [1] 25:19 75 [1] 106a 750 [1] 27:14 78 [1] 3:5 - 8- 8 [4] 3:7; 106:7, 8; 164:22 8-hour [1] 124:5 800 [1] 150:21 82 [1] 3:6 88C-JA-118-1-CV [1] 1:8 -9- 9 [5] 3:8; 115:4, 5; 131:14, 20 9/18/59 [1] 3:13 9/28/70 [1] 3:5 90 [1] 137:22 90-day [3] 137:10, 17; 138:21 91 [1] 3:6 95 [1] 3:7 9:30 [1] 187:11 -A- a-c-r-i-l-a-n [1] 59:4 a-l-i-p-h-a-t-i-c [1] 105:8 a-n-t-h-r-a-c-e-n-e-s [1] 105:17 A.B. [1] 154:3 a.m. [2] 1:19; 187:11 abatement [8] 31:15; 33:21; 47:6; 49:9, 18; 50:4, 7; 59:19 ability [2] 109:2, 7 able [6] 30:11, 17; 34:8; 71:10, 13; 185:8 abnormal [3] 30:14; Look-See (31) 156:7, 10 absence [3] 152:17; 153a; 168:12 absorbed [3] 110:4; 149a, 7 absorption [2] 149:3; 162:6 accept [2] 146:8, 14 acceptable [3] 171:14; 174:20, 21 accepted [3] 72:5, 22; 146:1 access [1] 48:2 accommodation [1] 151:4 according [1] 116:8 accurate [6] 140:1, 3; 159:14; 163:1; 171:6, 12 acetylene [30] 89:13, 16, 22; 90:7, 10, 19; 91:11; 93:5, 7, 14; 95:4, 9, 15; 97:21; 98:12; 99:11; 100:5; 111:11; 112:1; 113:12; 164:1; 165:7, 9, 12, 14, 18; 166:22; 168:6. 9, 12 acquired [2] 15:14; 38:1 acrilan [1] 59:4 Acrylonitrile [2] 114:7; 116:10 acrylonitrile [36] 58:21, 22; 67:3, 4, 5, 7, 18; 69:6; 83:8, 10, 16; 88:22; 89:19; 90:1, 4; 97:21; 112:15, 18, 22; 113:21, 22; 114:10, 14, 16, 20; 115:12, 19; 118:1, 7, 20; 119a; 183:9; 184:10, 14, 17; 186:8 acting [1] 57:22 Action [1] 1:7 action [6] 94:7; 124:17; 125:6; 149:15, 17; 162:15 active [3] 55:7, 15; 129:4 actively [1] 51:21 activities [3] 55:8, 16; 57:21 acute [6] 86:2, 6; 124:20; 148:7; 150:9; 159:22 acutely [1] 124:3 ad [1] 48:1 Adams [1] 123:13 add [2] 64:4; 112:21 added [1] 62:21 addition [4] 134:20; 156:12, 15, 19 additional [4] 23:8; 26:22; 37:20; 135:8 additive [2] 83:9; 126:11 additives [1] 136:17 address [1] 4:20 addressing [1] 13:15 adequate [4] 31:21; 34:4; 35:7; 50:10 adequately [1] 47:3 adjourned [1] 187:11 administered [1] 41:20 Administration [5] 128:8; 139:3; 174:7, 21; 186:5 administration [4] 36:18, 22; 127:15, 18 administrative [1] 42:15 advertised [1] 32:13 advice [1] 180:4 advised [2] 16:11; 180:1 AETNA [1] 1:9 affected [1] 16:16 AFTERNOON [1] 66:1 afternoon [1] 66:11 From $100,000 to afternoon WATER PCB-SD0000062469 BSA afterwards [2] 15:13; 130:8 agent [5] 101:22; 102:2; 161:11, 17; 162:1 agents [2] 19:21; 144:4 agree [21] 74:19; 108:10, 18; 110:15; 113:22; 120:8; 147:18; 148:9, 12, 22; 149:4, 18; 150:3, 14; 151:6, 17, 22; 152:9, 18; 153:1, 5 air [9] 40:21; 41:1; 42:1, 4, 6, 12; 44:22; 45:2; 153:15 al [1] 1:10 alcohol [2] 142:21; 152:5 ale [1] 116:13 alert [3] 102:7, 10; 103:3 aliphatic [1] 105:8 alive [1] 45:21 all-encompassing [1] 42:3 allegedly [2] 127:22; 183:4 alleging [1] 132:4 allowed [1] 32:6 allowing [1] 136:15 ambient [1] 119:11 amenable [1] 143:17 America [1] 44:13 American [3] 58:12, 13; 117:6 ammunitions [1] 19:18 amount [16] 17:2, 10; 18:4; 28:2; 93:19; 97:5, 9, 14, 16; 117:12, 21; 121:1; 137:4; 157:13; 171:17; 173:20 amounts [5] 17:14, 18; 18:1; 141:14, 17 ample [1] 37:8 analytical [1] 167:9 analyze [1] 7:7 analyzing [1] 32:7 Anecdotally [1] 117:14 anemia [5] 143:2, 5; 152:21, 22; 157:12 anesthetic [2] 125:7, 9 animal [6] 86:14; 91:1; 100:7; 128:5. 15 Animals [2] 100:9; 123:9 animals [7] 86:2; 89:6; 91:1; 100:15; 105:20; 125:2; 137:21 Anniston [1] 64:6 annual [1] 27:19 answer [15] 23:1; 29:21; 31:6; 43:5, 6; 51:14; 63:14; 67:20, 22; 173:6, 19; 175:17, 22; 176:21; 177:16 answered [5] 25:6; 28:11; 42:18; 126:16; 127:3 Answering [1] 159:8 answering [1] 31:11 anthracenes [1] 105:17 anticipated [1] 180:1 antidotes [2] 78:8, 9 Anybody [1] 48:9 anybody [3] 60:7; 73:6; 126:22 anymore [1] 178:11 aplastic [4] 143:1, 5; 152:22; 157:12 apparatus [1] 163:8 apparently [4] 117:21; 145:10, 18; 166:14 appear [4] 49:2; 88:5; 164:20; 172:18 Depp of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 APPEARANCES [1] 2:1 appeared [2] 85:18; 86:10 appears [4] 82:13; 139:16; 140:7; 148:13 appetite [2] 151:16, 18 application [1] 32:2 applications [2] 119:20; 184:15 appointed [1] 26:21 appreciate [1] 4:11 approaching [1] 49:22 approval [1] 56:7 approximately [3] 116:2, 12; 124:5 April [7] 3:4; 26:21; 57:2; 70:3, 5; 134:4; 138:18 area [7] 12:2; 21:5; 46:10; 49:18; 53:2; 101:13; 182:5 areas [3] 49:13; 99:8; 169:17 argue [1] 138:10 arisen [1] 13:12 Arkansas [1] 19:11 arm [1] 104:15 Army [3] 44:7; 74:5; 130:11 Aromatic [1] 107:21 aromatic [14] 105:1, 3, 6, 10; 108:7; 109:1, 6; 111:11, 22; 125:18, 20; 164:5; 165:10, 17 aromatics [5] 110:3, 10; 113:6; 164:11; 165:14 arose [1] 13:16 arrangement [2] 184:8, 12 arrangements [1] 65:4 arrived [2] 24:22; 93:3 art [5] 34:10, 14; 50:11; 54:19; 55:20 Article [1] 3:9 article [8] 56:8; 111:3; 121:16; 122:11, 13, 19; 123:5, 8 articles [1] 56:2 ascertain [1] 30:17 aside [3] 62:5; 81:12; 175:13 asking [5] 90:16, 17; 135:7; 154:14, 18 asks [1] 71:18 aspect [1] 174:12 aspirin [1] 142:2 assigned [2] 12:19; 19:10 assistance [1] 46:21 assistant [6] 41:17, 18, 19; 57:7; 60:13, 14 associate [4] 36:3, 12; 38:22 Association [10] 44:12; 53:7, 16, 21; 54:10, 16; 55:16; 129:5, 12; 154:22 assure [2] 34:3; 50:8 ate [1] 46:9 atmosphere [1] 144:20 atom [1] 68:17 atoms [1] 105:4 attacks [1] 43:17 attain [1] 124:14 attend [1] 10:10 attended [1] 10:15 attention [12] 7:13; 50:10; 70:14; 93:7, 11; 94:6; 109:3; 123:21; 131:22; 145:19; 164:21; 167:17 attorneys [4] 5:5, 16; 8:4; 10:2 attributed [1] 143:2 authoritative [2] 72:19; 148:10 authority [2] 44:13; 146:8 authorized [1] 34:2 authors [1] 123:12 autopsy [3] 85:11, 16; 86:11 available [7] 32:20; 71:16; 74:5; 108:16; 139:20; 145:4; 170:10 average [4] 16:6; 39:15, 16; 127:22 avoid [2] 100:22; 125:19 aware [2] 124:7; 125:22 awful [2] 155:13; 172:16 -B- B-e-e-l-e-r-M-a-n-s-k-e [1] 65:5 B-o-h-1 [1] 60:2 B.F. [2] 57:10 Bachelor [1] 10:13 BAKER [1] 1:19 balance [1] 18:2 ball [1] 136:9 ballpark [2] 115:1; 157:7 barbecuing [1] 105:18 barely [1] 179:13 based [2] 116:10; 117:5 basis [10] 11:19; 13:9; 21:18, 20; 27:19; 37:8; 79:17; 140:6, 9; 175:7 Bayou [1] 64:8 Beach [3] 179:20; 180:2; 181:8 Beeler [2] 65:10; 79:15 Beeler-Manske [3] 65:5; 79:9, 13 beforehand [1] 139:5 beg [16] 7:4; 11:11; 28:15; 33:4; 61:3; 64:20; 68:9; 71:11; 78:19; 111:17; 119:7; 121:7; 157:21; 168:16; 180:18; 181:19 begins [1] 85:11 behalf [4] 1121; 2:7, 15, 21 belief [1] 177:21 believe [32] 14:8; 29:4; 34:13, 16; 35:6, 14; 43:18; 52:8; 54:3; 57:9; 58:14; 72:5; 87:10; 97:13; 98:15; 99:19; 101:2, 9; 102:6; 113:5, 7; 120:6, 7; 132:2; 136:11; 146:1; 148:18; 149:7; 153:5, 14; 178:16; 186:18 believed [2] 91:11; 117:3 Believing [1] 177:1 bell [2] 53:13; 74:6 belt [1] 103:2 Benzene [4] 153:9; 158:5; 169:20; 179:17 benzene [73] 77:7; 105:4; 112:13; 141:5, 8, 9, 10, 14; 143:1, 2, 3, 5; 146:3, 4; 148:8, 14, 21; 149:16; 152:15, 17; 153:2, 8, 12, 13, 15, 17; 154:16, 20; 155:6, 13, 14, 17, 20; 156:14, 16; 157:3; 159:5, 9, 16, 21; 160:2, 10, 15, 16; 162:15; 163:5; 168:20; 170:1, 12, 17; 171:15, 17; 172:14, 16, 20; 173:1, 3, 13, 20; 174:5; 176:12, 18; 177:2, 8, 12; 180:1, 4, 16, 20; 181:3, 6, 9, 22 benzol [5] 160:14; 162:6, 11, 21; 1633 benzpyrene [1] 167:13 beside [1] 83:5 bible [1] 146:16 big-volume [1] 120:14 bigger [1] 96:16 biggest [1] 120:5 bile [1] 86:17 billions [1] 157:5 bit [4] 28:22; 41:7; 42:18; 78:4 black [4] 97:3; 102:13, 14 blending [1] 43:15 blew [2] 39:5; 101:12 block [2] 61:15, 20 blocks [2] 68:22; 90:3 blood [26] 29:11; 86:17; 145:10, 18, 21; 146:2, 5, 8, 14; 152:16, 20; 153:16; 155:7; 156:1, 3, 4, 5, 6, 8, 10, 13, 14, 22; 159:11; 162:5, 16 blow [2] 101:7, 15 blue [1] 80:16 Bluff [2] 19:11; 74:13 board [4] 26:11, 21; 48:5; 60:4 bodies [3] 47:1; 49:2; 53:7 body [4] 114:17; 127:20; 149:3, 9 Bohl [2] 60:2; 62:12 boiling [1] 84:17 book [4] 71:21; 72:13; 139:12; 146:20 booklets [1] 74:4 bother [1] 126:22 bottles [1] 39:5 bottling [1] 39:4 bottoms [1] 83:13 bought [2] 58:13; 130:8 bound [1] 176:13 box [6] 57:4, 7, 8; 60:22; 61:1; 136:2 brass [1] 48:15 BRAY [33] 2:1; 5:21; 6:4, 9; 15:8; 17:20; 22:8, 19, 22; 23:10; 24:21; 25:6; 28:8; 86:22; 87:5, 7, 9, 16, 21; 88:3, 9, 15; 94:13; 120:9; 126:5, 8, 15; 127:3; 175:15, 18; 186:10, 14; 187:6 Bray [15] 2:2; 5:15, 19; 6:3, 14, 19, 20; 7:13,17, 18; 8:1, 11; 22:10; 130:16, 18 break [7] 23:17; 51:8; 60:11; 63:6; 88:20; 104:17; 130:16 breakdown [1] 18:16 breaks [1] 130:21 breathing [3] 20:3; 118:10, 20 briefly [2] 19:12; 123:4 bringing [1] 94:6 broad [1] 142:4 build [1] 37:20 building [2] 68:22; 90:2 built [1] 38:1 bulletin [2] 32:13; 116:17 bulletins [4] 32:2, 3; 54:4 bunch [1] 146:20 bureau [1] 44:8 burns [1] 119:6 business [1] 130:3 butylenes [1] 83:19 Look-See(32) | buy [1] 37:20 C-a-r-o-n-d-o-l-e-t [1] 14:12 c-a-t-a-l-y-s-t [1] 82:9 c-h-l-o-r-i-d-e [1] 68:15 c-y-a-n-o-g-e-n [1] 68:15 C.L. [1] 144:10 calculate [1] 116:16 calculated [2] 116:14; 117:6 call [2] 13:19; 53:2 Canada [5] 14:8, 9, 19; 21:4; 38:7 Cancer [3] 90:12, 13; 143:15 cancer [38] 3:7; 90:7, 10, 15; 91:1, 3, 7, 11; 95:2, 9; 102:21; 104:5, 6, 12; 105:11, 13, 15, 19, 21; 106:11; 107:3, 12, 15; 108:5, 11, 21; 109:2, 7, 9, 10, 14; 110:7, 20; 143:14, 18, 19 Cancers [1] 99:10 cancers [12] 95:3, 7, 11, 13, 14; 102:12, 14, 17; 103:4; 109:21; 110:3 capable [1] 16:17 capacity [2] 13:19; 25:1 capital [1] 96:14 caps [1] 96:16 Carbide [8] 53:12; 91:10; 92:12; 93:14, 17; 94:8, 19; 95:6 carbon [5] 66:16; 97:3; 102:13, 15; 105:4 carcinogen [1] 164:9 carcinogenesis [1] 103:11 carcinogenic [21] 90:15, 19, 21; 91:2, 5, 6; 93:4, 8, 18, 21, 22; 97:5; 98:9, 12, 20; 99:1; 100:21; 101:22; 102 -J; 167:4; 168:12 carcinogenicity [3] 96:21; 97:15; 100:4 carcinogens [1] 109:20 care [3] 35:6; 42:7; 47:3 Carl [2] 60:2; 62:12 Carondolet [1] 14:12 carried [1] 156:21 carry [4] 29:8; 30:5; 156:13, 15 CASE [1] 1:10 case [24] 5:6, 17; 8:4, 9, 10, 11, 15; 10:3; 24:19; 45:13, 14, 15. 17; 103:21; 114:22; 121:6, 9; 130:22; 131:4, 5, 12; 132:4, 9; 182:15 Cases [1] 103:18 cases [14] 23:13; 24:1, 7; 39:3; 81:15, 21; 98:10; 103:14, 16; 128:5, 17; 159:22; 160:2 CASTLE [1] 1:3 CASUALTY [1] 1:9 Catalyst [2] 82:9; 83:9 catalyst [10] 82:4, 7; 83:6; 84:1, 7, 12; 85:21; 86:20; 88:22 catalysts [3] 83:10, 16, 19 caught [1] 30:10 caused [12] 95:9; 102:14; 110:3; 124:21; 125:3; 128:5, 16; 142:22; 143:3, 5; 146:5, 13 afterwards to caused WATER PCB-SD0000062470 BSA caveats [1] 140:16 cc [13] 116:12, 15, 18, 19, 22; 117:7, 10, 12, 13, 15, 16 cells [5] 143:12; 156:4, 6, 10 centigrade [2] 170:17; 172:15 central [5] 20:14; 34:4; 36:2; 124:18; 125:6 century [1] 108:5 cerebral [2] 80:14, 20 certainty [1] 174:4 cetera [3] 30:10; 156:8; 163:1 chain [1] 105:9 Chairman [1] 26:20 chairman [2] 48:5; 53:17 chambers [1] 67:12 chance [5] 14:6; 63:14; 78:17, 20; 130:15 change [2] 53:19; 146:2 changed [4] 12:22; 60:15; 99:22; 156:10 changes [14] 47:4; 98:17; 102:7; 143:15; 145:10, 18, 21; 146:5, 8, 14; 152:16, 18, 20; 153:3 changing [1] 181:16 character [1] 156:6 characteristic [2] 152:6; 156:4 characteristics [3] 30:21; 32:19; 129:10 characterization [3] 126:6; 175:15; 186:10 charge [5] 19:16; 22:1; 23:3; 44:7; 176:7 chart [6] 3:4; 37:2; 57:1; 59:14, 15; 61:14 charts [2] 60:5, 11 cheaper [2] 181:18, 20 check [6] 149:5, 8; 151:20; 152:12; 162:6; 182:18 checked [5] 95:2, 6; 99:6, 7 checking [2] 42:5; 50:13 Chemical [6] 54:15; 70:7; 74:5; 131:19; 161:11, 17 chemical [29] 3:8; 19:10, 20; 52:18, 19, 20; 53:9; 54:2; 66:17, 19; 67:11; 68:19; 69:1; 75:12; 77:4; 83:11; 106:11; 107:3, 12, 15; 113:22; 114:2, 3, 5; 118:11; 119:19; 127:6; 160:18; 182:22 chemicals [20] 16:21; 17:2, 7, 14, 18; 19:17; 30:18; 31:12; 33:3, 6; 40:7; 51:14, 18; 52:3, 18; 66:12; 67:21; 120:16; 129:14, 17 chemist [3] 114:19; 117:9; 118:5 Chemistry [1] 73:16 Chemists [8] 53:7, 16, 21; 54:10; 55:16; 129:5, 12; 154:22 chemists [2] 39:22; 115:18 chemotherapeutic [1] 144:4 Chemstrand [10] 57:16; 58:10, 11, 16, 19; 59:3, 6, 11; 62:3 chimney [2] 109:22; 110:4 chloride [17] 68:14, 22; Depo of R, Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 69:5, 9, 12; 70:17, 20; 71:2, 16; 74:7; 75:15; 76:8, 10, 17, 20; 113:4, 6 chlorine [2] 19:18; 68:17 chlorines [1] 68:18 Chocolate [1] 64:8 Chronic [2] 151:13; 152:15 chronic [8] 142:17; 143:8, 9; 145:9, 17; 146:1; 148:19; 159:21 circulation [1] 80:17 circumstances [1] 109:20 City [48] 11:1, 15, 16; 39:7; 40:8; 45:7, 8; 58:17, 20, 22; 59:9; 64:7; 655, 4; 66:13, 20; 67:19; 69:2; 70:12; 77:5, 11, 14; 79:10; 83:3, 17; 89:14, 17; 92:1, 12, 16, 17; 93:2; 94:2; 101:12; 112:7; 119:22; 130:6; 141:6, 15; 142:7; 144:15; 146:11; 161:12; 164:1; 168:6; 169:11, 12 Civil [1] 1:7 clanging [1] 29:19 classification [1] 84:15 classifications [1] 84:16 cleaned [1] 18:14 cleanliness [2] 100:19; 101:6 clear [2] 5:9; 168:13 clinic [6] 64:8; 65:6, 7, 13; 79:9; 81:20 closed [1] 182:3 closer [1] 31:5 clusterings [1] 95:3 coaching [6] 87:3, 8, 19; 175:16, 18; 186:12 Coal [1] 108:7 coal [4] 108:5, 10; 110:2, 4 Coast [2] 15:12, 17 coffee [5] 75:9, 11; 126:4, 13, 17 collaborative [1] 135:18 colleagues [2] 122:12; 123:6 collect [1] 71:16 collecting [1] 70:20 collections [2] 86:17 college [1] 10:10 Columbia [4] 1:20; 16:2, 9; 64:6 column [2] 83:12; 166:13 coma [1] 125:11 combined [2] 67:21; 68:1 combustion [1] 166:21 comment [1] 96:9 Commerce [1] 2:11 commercial [2] 181:14, 15 Commission [1] 55:10 committed [1] 115:19 committee [19] 26:21; 34:2, 4; 35:6; 36:19; 37:6; 47:2, 17; 48:1, 3, 12, 17; 53:15, 18; 54:10; 55:17; 155:1, 3 committees [8] 48:11; 53:8; 54:5, 6, 7, 8; 55:18 common [4] 27:2; 30:9; 125:18; 136:16 communicated [1] 40:4 communication [1] 154:14 community [2] 72:8, 9 companies [4] 52:18, 20; 53:10; 54:2 COMPANY [2] 1:5, 9 Company [12] 2:8, 16, 22; 5:5; 11:18; 70:7; 115:17; 131:19; 154:11; 161:12, 17; 179:21 company [16] 13:10, 13; 20:18; 27:2, 3; 34:19; 37:5, 13) 48:16; 51:22; 58:11; 61:2, 4; 65:1; 116:17; 134:10 comparable [1] 148:7 compared [2] 49:19, 20 comparing [1] 116:17 comparison [1] 156:20 compensated [4] 22:6, 13, 16; 235 competent [2] 445; 49:10 compiled [1] 146:19 complete [7] 235; 100:18; 101:6; 155:7, 11, 22; 156:13 components [1] 156:7 composition [1] 83:11 compound [12] 18:6; 75:4; 86:15; 102:17; 105:3, 7; 119:17; 132:5; 142:1, 6; 157:8, 19 Compounds [2] 73:16; 107:22 compounds [20] 32:12; 73:2; 105:2, 8, 10, 13, 16; 108:4, 8, 16; 109:1, 6, 14, 19; 111:11, 22; 114:13, 17; 1645; 165:11 concentration [1] 145:5 concentrations [5] 122:18; 1245, 14; 150:12; 151:6 concern [9] 345; 75:13, 16, 22; 9350; 103:9; 133:14; 135:4; 172:8 concerned [16] 1650; 17:1, 3; 33:19; 4250; 43:15; 4951; 84:16; 93:18; 98:3; 111:10, 21; 114:4; 142:6; 143:18; 154:20 concerning [1] 325 concluded [1] 13550 conclusion [2] 935, 20 conclusions [1] 12352 conclusively [1] 167:1 condensed [1] 16652 conduct [9] 525; 98:20; 99:13, 15, 17; 100:4, 14; 135:17; 138:4 conducted [4] 52:14; 84:3; 135:11, 14 conduit [1] 5051 conference [1] 187:3 confidential [4] 94:11, 19; 96:4, 6 confronted [1] 170:21 confusion [2] 5:7; 151:2 conjugated [1] 156:18 connection [7] 550; 8:4, 11; 10:2; 295; 46:15, 19 CONNELL [116] 4:9, 14; 5:1, 3; 6:2, 6, 11; 15:10, 16; 18:9; 195, 6; 22:11, 20; 23:4, 12; 255, 9; 26:6, 9; 28:12, 13; 29:13, 17; 30:2; 31:1; 36:14; 51:11; 56:17, 20; 635, 10, 19; 66:7; 6950; 70:1; 76:2, 4; 78:10, 13; 82:16; 87:3, 6, 8, 13, 18; 88:1, 7, 11, 13, 19; 91:15, 18; 94:14, 21; 95:16, 19; 10450, 22; 106:6, 9; 1155, 6; 120:11; 12252; 1235; 126:7, 12, 18; 127:10; 130:14; 131:6, 9; 133:19, 22; 138:11, 14; 144:6, 9; 147:2, 5; 15350; 154:1; 158:11, 14; 16051; 161:2; 163:18, 20; 164:13, 17; 16551; 166:2; 169:3, 6; 173:6, 9; 175:16, 21; 1765, 16; 178:21; 1795, 11; 180:8, 11; 183:12, 15; 185:1, 4, 9, 12; 186:12, 21; 187:2, 7 consciousness [1] 15050 Consider [1] 66:10 consider [3] 205; 44:22; 49:17 considerable [2] 1505; 168:11 considerably [3] 28:1; 98:17; 14850 consideration [1] 1385 considered [3] 1145; 152:7; 159:12 consisted [1] 30:6 consists [1] 26:11 consulting [3] 21:16, 19; 225 contact [6] 46:7, 13; 100:22; 125:19; 163:10; 176:14 contain [2] 76:7; 170:11 contained [7] 110:4; 129:16; 16251; 1635; 164:5, 11; 16851 containing [1] 144:21 contamination [8] 67:17; 170:1; 1775, 8, 12; 183:9; 184:13, 17 content [1] 98:16 continuation [1] 109:17 continue [3] 12:13; 21:16; 38:18 Continued [1] 66:6 continued [4] 152; 21:21; 39:18; 57:18 contrast [1] 105:8 control [2] 159:11; 184:17 convergent [1] 98:18 conversation [1] 93:1 convey [1] 92:10 convince [1] 50:22 convulsant [1] 148:8 coordination [1] 151:3 copolymer [1] 184:9 copy [6] 123:4; 145:13; 158:20; 166:14; 179:7, 13 comer [3] 26:16; 158:17; 166:14 Corp [2] 161:18, 21 corporate [8] 20:15; 35:19; 48:11; 50:8; 62:8, 18; 63:16, 20 Corporation [2] 161:11, 14 Corps [1] 74:5 corps [1] 19:9 correctly [2] 12:11; 58:9 correlating [1] 61:6 correspondence [4] 42:18; 43:7; 178:17, 18 cost [6] 138:1, 8, 22; 17152; 1725; 181:21 costs [1] 172:9 counsd [3] 5:11, 14; 48:6 Look-See(33) count [6] 155:7; 156:1, 5, 13, 15 counted [1] 6252 counting [1] 6350 country [2] 145; 35:18 counts [3] 159:11; 1625, 10 COUNTY [l] 15 couple [1] 140:16 course [5] 18:22; 32:4; 39:10; 74:11; 80:14 courses [2] 11:2, 9 COURT [1] 1:1 Court [1] 88:2 court [5] 23:22; 245, 9, 10; 136:10 covered [1] 9551 credence [1] 86:8 credentials [1] 64:17 credit [2] 140:14, 15 customer [2] 43:11; 154:18 customers [8] 31:6, 9; 32:1; 33:17; 42:20, 22; 43:1; 177:18 Cyanamid [2] 116:17; 117:6 cyanide [33] 66:13, 15; 67:10, 17, 21; 68:1, 3, 17, 20, 21; 69:10; 77:18, 21, 22; 78:5, 8; 79:21; 80:6, 18; 81:3, 9, 16; 82:1; 1145, 5, 8, 11, 13, 17; 115:1; 157:7, 9 Cyanogen [1] 73:16 cyanogen [15] 68:14, 22; 695, 9, 12; 70:20; 71:2, 16; 74:7, 17; 75:15; 76:8, 10, 17, 20 cyanosis [1] 81:1 cyanotic [2] 80:15 cyanuric [1] 70:17 -D- damage [3] 17:15, 18; 1505 Dangerous [2] 71:22; 73:12 dangerous [2] 124:3; 1825 data [12] 42:19; 53:4; 108:16, 20; 129:8, 13, 16, 19; 130:1; 132:19, 21; 173:22 date [11] 9:3; 69:4; 82:19; 106:22; 112:18; 147:20; 169:18; 179:5, 12, 14; 187:4 Dated [1] 180:14 dated [14] 70:5; 79:5; 92:4; 134:4; 138:18; 144:16; 154:8; 158:16; 161:6; 164:22; 166:11; 173:16; 183:20; 185:16 DAVID [1] 2:9 day [7] 9:8, 9, 21; 46:9, 10; 65:16; 128:3 day-to-day [2] 42:9; 47:5 days [14] 9:17, 18, 19; 15:15; 23:8; 31:15; 54:13; 122:16; 137:3; 138:1; 150:22; 151:2 dead [4] 365, 7; 45:22: 61:5 deal [10] 73:13; 96:20; 103:10; 141:9; 159:9, 21; 160:1; 163:7; 168:10, 11 dealing [5] 46:22; 73:1; 138:6; 174:6 dealings [1] 122:4 From caveats to dealings WATER PCB-SD0000062471 BSA dealt [2] 53:10, 14 death [5] 67:12; 128:5, 15, 20; 129:2 deaths [7] 124:11, 17, 18, 21, 22; 125:3; 128:17 Decatur [1] 64:5 December [2] 21:11; 164:22 decent [1] 138:21 decide 12] 32:19; 140:19 decided [1] 136:8 deciding [1] 138:4 defatting [1] 149:17 Defendants [1] 1:11 defined [3] 58:4; 97:22; 135:1 definite [1] 94:10 definitely [1] 143:7 definition [4] 142:3, 4, 13; 167:11 degree [8] 10:12, 14, 18; 11:10; 33:11; 41:17, 20; 184:16 degrees [5] 170:17; 172:15; 176:9, 13; 178:2 DELAWARE [1] 1:2 Delaware [1] 1:14 delayed [1] 124:18 deliberately [1] 88:2 delicate [1] 156:22 Department [1] 167:10 department [42] 8:7; 19:16; 20:15; 32:6, 15; 35:3, 9, 16, 20; 36:2; 41:5, 8, 18; 42:11; 43:22; 45:4; 46:2; 47:12; 50:5, 7, 9, 21; 51:1; 52:10; 57:2; 60:13, 16; 62:3, 8, 18; 73:7, 9; 106:14, 20; 122:1; 134:7, 8; 159:19; 160:1; 165:4; 166:18 departments [2] 56:12; 165:8 depended [1] 153:15 depending [3] 98:17; 127:6; 174:9 depends [13] 13:20; 17:22; 18:13; 72:21; 75:8; 91:4; 97:18; 100:6; 119:9, 10; 126:20; 142:2; 143:12 DEPOSITION [2] 1:13; 3:3 Deposition [1] 1:16 deposition [16] 1:17; 5:12. 20; 6:13; 8:21; 22:7, 17; 23:6, 9, 16; 45:13; 65:15; 131:1, 4; 132:11; 187:10 depositions [1] 23:18 depression [1] 12:4 derivative [2] 79:21; 81:16 derived [7] 96:21; 97:15; 102:13; 112:8, 16; 113:3; 119:17 Dermatitis [1] 149:16 describe [5] 44:18; 109:21; 110:2; 115:12; 129:10 described [2] 108:5, 11 describing [1] 43:9 description [1] 105:6 designating [1] 24:22 details [4] 10:8; 72:21; 74:10; 156:20 detect [1] 159:20 determine [4] 86:19; 89:5; 156:9; 184:16 determined [2] 94:10; 136:6 Pepo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 Detoxification [1] 139:13 developed [6] 32:5, 11; 104:5; 134:18; 150:22; 178:9 development [2] 48:12; 134:8 developments [1] 34:17 develops [3] 103:21; 104:1; 124:19 diabetes [2] 29:11; 30:9 diagnose [3] 104:8, 11, 12 diagnostic [1] 152:7 diagrams [1] 112:22 diary [1] 9:4 Dick [1] 5:4 die [3] 86:2; 114:22; 125:12 died [2] 86:14; 116:2 difference [4] 43:8; 48:14; 143:10; 148:21 differential [2] 156:3; 181:21 differently [1] 160:20 differs [3] 139:17; 152:16; 153:2 direct [7] 7:13; 13:17; 31:20; 46:7; 70:14; 123:21; 131:22 Director [1] 186:5 director [32] 13:14; 20:16, 17; 21:10; 25:21; 31:18; 33:22; 34:19; 35:10, 17; 36:15; 37:13; 39:19; 41:14, 18, 19; 51:13, 21; 57:5, 7, 18, 22; 58:14; 60:8, 13, 14; 73:4; 113:19; 146:10; 169:13, 14; 186:6 directors [4] 26:12; 53:20; 60:9, 10 disability [1] 132:5 disconnect [1] 100:3 discontinued [1] 76:14 discovered [1] 108:11 discussed [5] 7:6; 45:17; 167:22; 169:11, 12 discussing [6] 90:6, 9, 18; 111:12; 165:7; 184:18 Discussion [5] 5:2; 19:5; 29:15; 63:9; 187:9 discussion [6] 45:20; 85:4; 97:14; 111:15; 164:8; 168:11 discussions [3] 89:13; 122:9; 163:22 diseases [2] 29:10; 30:8 dispensaries [5] 61:21; 62:5, 22 ; 63:21; 64:3 dispensary [2] 40:3; 61:16 disposal [23] 31:15; 33:21; 34:5, 7, 10, 14, 18; 35:5; 40:21; 41:3; 46:15, 20; 47:3, 14; 49:13, 18; 50:5, 11; 51:2; 55:5, 13, 21; 58:3 disposing [1] 113:12 disseminated [1] 53:8 dissolved [1] 76:8 distillate [1] 83:12 distorting [1] 28:9 distressed [1] 181:2 District [1] 1:20 distrust [1] 171:11 disturbance [1] 150:13 division [2] 57:17; 134:9 doctor [10] 35:22; 43:11; 57:12; 60t3; 62:1; 63:4; 64:9, 10; 102:7; 103:3 doctors [18] 11:6; 31:7; 35:17, 20, 21; 62:2, 6; 64:1, 5, 7, 9, 11, 13; 65:3, 8; 93d; 95:6; 102:9 document [35] 26:6, 10; 56:18; 69:20; 73:19; 78:10; 82:14; 91:15; 95:16, 20; 106:7, 11; 115:3; 122:22; 131:6, 13; 133:19; 135:1; 138:12; 144:6; 147:3, 6, 8; 158:12; 160:21; 164:14, 20; 165:21; 169:3; 178:21; 180:8; 183:12; 185:1; 186:11, 15 documents [6] 7:3, 5, 16, 22; 8:1; 10:6 doesn't [13] 71:3; 72:11; 86:7; 91:8; 132:11; 133:1, 2; 138:7; 140:8; 145:11; 152:19; 164:19; 183:5 Don [4] 121:21, 22; 122:4; 131:19 Donnenfeld [1] 2d dose [24] 86:20; 88:18, 21; 89:5; 105:18; 114:20, 21; 115:2; 116:11, 14, 18; 117:1, 4, 7, 12, 21; 118:9; 119:9; 126d0; 127:7, 9, 17; 158:7 doses [10] 105:14, 15; 116:11; 127:11; 128:12, 17, 20; 129:1; 137:2; 143:6 dotted [2] 61:22; 62:4 doubt [3] 132:13; 155:16; 167:10 Dow [10] 53:12; 120:4; 121:15, 19; 122:1, 10; 123:16; 129:21; 130:3; 131:19 Dr [182] 5:4, 12, 20; 6:13; 9d; 10:1, 9; 11:13; 14:11; 16:8; 19:7; 21:10; 23:14; 24:9, 14; 25:10; 26:10; 28:18, 20; 29:18; 31:3, 18; 36:16; 38:19; 43:8; 51:7, 12; 54:18; 56:17, 21; 59:14; 60:2; 61:18; 62:6, 12; 63:7, 11; 65:6, 9; 66:8, 12, 14; 68:14; 69:9, 21; 70:2, 15; 71:22; 77:17; 78:11, 15, 18; 79:19, 22; 80:12, 21; 82:4, 12, 18; 83:7, 17, 21; 85:4; 88:14; 89:12; 91:8; 94:5, 12, 15; 95:1, 17, 20; 96:1; 97:9; 98:14; 99:9; 100:17, 19; 101:20; 102:3; 103:7, 14; 104:4, 16; 105:1; 106:6, 10; 107:5; 108:15, 22; 111:9; 112:7; 113:13, 21; 115:4, 8, 15; 116:14, 19; 117:3; 118:2, 7; 119:3, 16; 122:12; 123:1, 6, 12, 19; 125:5, 14; 126:14; 127:2, 12, 15; 128:9; 129:6; 130:15; 131:7, 10, 18; 132:1, 6, 16, 20; 133:6, 20; 134:1; 138:16; 139:12; 144:2, 7; 145:6; 147:2, 6, 21; 148:6, 15; 149:14; 150:10; 152:14; 153:20; 154:2; 155:5, 8; 156:2, 12, 17; 158:11, 18; 159:10; 160:14; 162:4; 163:11, 21; 164:14, 18, 20; 167:4, 14; 168:19; 173:11, 18; 174:16; 175d2; 176:17, 22; 177:4, 6, 20; 178:7, 22; 179:22; 182:1, 7; 183:8, 19; 185:5, 19; 186:1, 4 draft [1] 132:18 drank [1] 114:19 draw [1] 164:20 drinking [6] 75:7; 115:19; 126:19; 127:1, 5, 8 drop [1] 75:10 dropped [4] 6:22; 157:16, 17 dropping [1] 157:18 Drug [4] 139:3; 174:7, 21; 186:5 drying [1] 149:17 du [3] 53:1, 2, 12 Duane [1] 1:18 due [3] 43:18; 146:8; 148:21 duly [2] 4:4; 66:4 Dunlop [3] 92:10, 15; 94:9 dust [1] 101:9 duties [1] 48:15 dysfunction [4] 85:17, 22; 89:9, 11 - E- E-c-k-e-r-t [1] 91:22 E.K. [1] 91:20 early [4] 15:15; 17:6; 34:1; 35:3 easily [2] 103:22; 149:5 East [2] 14:15; 15:1 easy [1] 104:10 Eckert [8] 91:20, 21, 22; 92:6, 10; 96:1 Edgewood [4] 19:11; 74:14, 16 edicts [1] 49:1 editions [1] 72:7 educated [2] 174:2, 9 education [3] 10:9, 20; 11:4 effect [2] 148:7, 8 effects [2] 31:7; 150:9 eight [2] 24:16; 62:14 elemental [1] 16:10 elevated [1] 18:17 eliminate [1] 101:18 Elmer [3] 36:6; 41:1; 59:15 emergency [1] 65:12 emissions [2] 41:2; 42:10 EMMET [5] 1:13, 16; 4:3; 66:3; 187:16 Emmet [2] 3:2; 4:16 employed [4] 11:12, 15, 17; 25:20 employee [6] 45:8; 70:12; 92:19; 132:4; 134:11; 154:21 employees [8] 16:16; 25:13, 15; 27:3; 29:9; 30:6; 123:16; 162:10 employs [1] 184:10 enclosed [1] 182:9 encounter [1] 16:7 encountered [3] 150:21; 151:5; 152:8 end [2] 128:17; 172:17 endeavor [1] 30:14 ended [1] 52:11 ends [1] 83:14 enemy [1] 20:5 engaged [2] 35:12, 14 dealt to exerts Look-See(34) engineer [1] 161:10 engineering [3] 36:21; 43:5; 47:7 engineeringwise [1] 43:20 engineers [2] 34:6; 39:22 England [3] 38:7; 44:8; 72:18 enter [2] 149:2, 9 environment [3] 32:7; 42:20; 153:16 environmental [1] 59:16 episode [1] 39:12 equated [1] 143:19 equilibrium [1] 150:14 equipment [1] 184:9 equivalent [1] 128:2 error [1] 136:22 errors [1] 73:1 escape [1] 18:8 escaped [1] 18:11 escapes [1] 18:14 esophagus [2] 128:4, 14 ESQ [3] 2:1, 9, 17 essentially [1] 60:18 established [6] 164:7, 10; 165:13, 15; 168:14; 171:14 et [4] 1:10; 30:10; 156:8; 163:1 ethylbenzene [7] 112:13; 119:18; 139:17, 18; 140:8, 10; 162:22 Europe [1] 57:20 evaluate [1] 74:20 evaluating [1] 32:9 evaluation [1] 32:4 event [1] 159:5 Eventually [3] 36:10; 41:14; 61:10 eventually [6] 36:10, 20; 41:16; 44:11; 58:12; 123:15 evidence [5] 102:1; 140:16; 152:10; 153:6; 164:4 ex-U.S.A. [3] 14:9; 38:6, 9 exact [2] 9:3; 67:3 exactly [2] 140:6; 141:19 EXAMINATION [3] 3:1; 4:13; 66:6 examination [6] 1:16; 85:19; 86:6; 155:11, 17; 156:22 examinations [2] 30:7; 154:15 examine [4] 16:18; 155:6, 8, 20 examined [4] 4:5; 66:5; 137:21; 155:10 examining [1] 29:9 example [3] 32:12; 64:4; 102:13 except [2] 94:9; 136:20 exception [5] 16:1; 20:22; 22:18; 23:2; 162:8 Excerpt [1] 3:12 excerpt [1] 147:7 excess [1] 117:12 excessive [1] 100:22 exchange [1] 52:21 exchanging [1] 53:10 exclude [1] 54:22 Excuse [1] 86:22 executions [1] 67:13 executive [11] 34:2, 4; 35:5; 36:19; 37:6; 47:2, 16; 48:1, 2, 3, 12 exerts [1] 149:15 WATER PCB-SD0000062472 BSA Exhibit [77] 3:4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22; 26:7, 8; 56:18, 19; 69:21, 22; 78:11, 12; 82:14, 15; 91:16, 17; 95:17, 18; 106:7, 8; 115:4, 5; 123:1, 2; 131:7, 8; 133:20, 21; 138:12, 13; 144:7, 8; 147:3, 4; 153:21, 22; 158:12, 13; 160:22; 161:1; 164:15, 16; 165:22; 166:1; 169:4, 5; 173:7, 8; 178:22; 179:1; 180:9, 10; 183:13, 14; 185:2, 3 exhibit [3] 82:5; 84:7; 85:4 exhibited [1] 151:2 existed [2] 13:12; 14:7 expensive [3] 137:14; 172:1, 6 experience [3] 69:15; 109:18; 114:18 experimental [7] 98:15; 99:3, 5, 20; 124:22; 125:2; 128:18 experimented [1] 74:7 expert [18] 24:7, 13, 16, 20, 22; 25:5; 44:2, 3, 18, 21, 22; 45:2; 50:1; 72:6; 121:5, 8; 131:12; 132:3 expertise [1] 49:17 explaining [1] 129:11 explosion [1] 39:10 exposed [10] 17:14; 18:5; 95:4; 119:11; 145:1; 150:21; 153:11; 155:14, 15, 17 Exposure [1] 78:2 exposure [29] 16:18; 17:4, 5, 11, 18; 18P, 4, 17; 30:18; 75:14; 76:6, 10; 81:16; 101:18; 119:11; 124:7; 142:17; 146:13; 150:12; 151:5, 14; 157:11; 159:16; 160:6; 162:10; 163:6, 7; 182:12 extensive [2] 167:9; 170:22 extent [2] 17:10; 31:9 extractable [3] 174:22; 186:3, 20 extracted [1] 136:19 extraction [2] 135:20; 173:22 extreme [3] 151:1; 152:17; 153:3 extremely [5] 67:11; 114:5; 157:3, 4; 182:5 extrusion [1] 172:17 eye [2] 119:4; 150:3 - F- FJ. [2] 183:16; 184:1 faced [1] 184:16 facilities [1] 47:4 fact [11] 24:6, 17; 26:4; 87:17; 109:16; 110:2; 121:1; 136:20; 137:13; 177:20; 179:13 factories [1] 32:8 factors [1] 98:18 faculty [1] 35:13 fair [13] 16:20; 20:1; 38:10; 42:12; 44:1; 50:2; 54:18; 55:19; 63:14; 67:10; 101:17; 120:12; 121:1 fairly [4] 49:22; 103:22; Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 137:2; 167:1 fairness [1] 29:20 familiar [10] 43:7; 55:20; 72:15; 107:17; 111:4; 112:18; 122:11, 13, 19; 146:21 familiarity [1] 44:20 fashion [2] 35:7; 60:12 fatal [6] 116:11, 17, 18; 117:4; 143:20, 22 fatalities [5] 118:13, 15, 16, 21; 128:3 fatality [1] 20:4 fatigue [1] 151:1 FDA [17] 136:8, 10, 11; 138:6, 9; 139:5; 173:3; 174:14, 22; 175:3, 13; 176:6, 12; 177:15; 178:14, 17, 18 feasible [1] 16:13 February [1] 144:16 federal [2] 46:22; 49:2 fee [2] 22:1, 4 fee-for-service [1] 21:20 feedstocks [3] 90:2; 110:10; 112:11 feel [2] 141:4; 176:12 feeling [1] 134:22 fees [3] 5:19; 6:3, 7 fell [1] 157:1 females [1] 162:17 fiber [1] 57:17 field [6] 44:2, 3, 5; 64:19, 21; 110:19 Fielding [1] 2:18 Fifteenth [1] 1:18 fifth [3] 116:20, 21; 185:19 figures [1] 63:3 file [2] 32:17; 95:2 fill [1] 79:16 filled [1] 79:16 film [3] 135:22; 136:1, 2 filters [1] 101:8 Finance [4] 161:10, 13, 18, 21 Find [1] 99:10 find [16] 27:10; 30:8, 20; 50:14, 20; 95:6, 8; 99:9, 11; 100:11; 103:4; 107:8; 127:17; 147:18; 167:10; 176:19 finding [1] 99:12 findings [1] 151:5 Fine [2] 51:9; 63:8 fine [1] 109:12 finish [3] 101:4; 140:4; 167:18 finished [4] 30:22; 31:7; 173:11; 185:11 Fust [4] 20:11; 60:6; 147:19; 173:19 first [32] 4:4; 9:1, 11; 21:18; 23:18; 26:19; 36:2; 37:2; 70:14; 71:21; 79:18; 83:21; 84:6; 87:13; 92:9; 96:18; 108:2; 124:12; 131:22; 132:17; 139:14; 147:11, 13; 155:4; 159:8; 162:3; 171:16; 173:18; 175:10; 180:22; 184:7; 185:22 first-name [1] 37:8 Five [2] 6:16; 24:12 five [13] 9:8, 15, 21; 24:15; 36:9; 48:10; 57:19, 20; 75:10; 80:11; 81:17; 105:6; 163:18 fixed [1] 134:20 flaring [1] 42:8 flexible [1] 136:1 Floor [2] 1:19; 2:12 FLORIG [2] 2:9; 179:9 flow [4] 34:9; 67:4; 112:19, 22 follow-up [1] 163:15 followed [5] 36:7; 52:2; 123:15; 125:20; 151:15 Following [1] 51:19 following [2] 124:20; 151:5 follows [2] 4:5; 66:5 Food [4] 139:2; 174:7, 21; 186:5 food [22] 75:12; 126:10; 133:7, 9, 12, 16; 135:4; 136:7, 12, 17; 170:7; 173:2, 4, 21; 174:5, 10; 176:15, 18, 20; 177:22; 184:15; 186:9 force [2] 134:14, 15 foreign [1] 20:22 forestall [1] 30:11 forget [1] 174:11 forgotten [3] 27:21; 64:12; 131:17 form [6] 68:1, 2; 95:22; 147:22; 186:3, 20 formal [3] 10:20; 11:4; 32:8 formed [1] 58:12 forms [3] 143:14, 18; 166:22 found [8] 95:2; 110:10; 127:19; 128:19; 129:1; 167:1; 177:11; 182:4 founders [1] 65:7 four [14] 8:19; 9:5, 8, 15, 21; 24:16; 36:8, 9; 52:11; 53:17; 61:11; 62:14; 65:11; 105:6 fourth [1] 81:13 Fox [23] 70:3, 4, 9, 15; 71:10, 13, 15; 72:10; 74:2; 75:19, 21; 76:1, 5; 111:14; 169:7, 10, 15, 22; 172:10; 173:7, 13; 175:3, 8 frame [4] 13:20; 15:22; 31:3; 108:13 Frankly [2] 74:20; 111:3 frankly [1] 103:11 free [1] 52:21 frequently [1] 124:19 fresh [1] 170:10 friend [1] 63:4 front [3] 56:21; 106:10; 166:3 fuels [1] 166:21 full [4] 4:15; 26:19; 71:7; 89:4 full-time [9] 11:20; 35:22; 36:11; 38:22; 62:1, 2; 63:4; 64:5, 9 fully [1] 11:13 fumes [3] 162:6, 21; 163:3 function [2] 47:7; 60:17 -G- G.W. [1] 134:2 garments [1] 43:13 Garrett [56] 3:8; 36:7; 40:22; 41:2, 4; 45:3, 11, 18; 46:1, 4, 8, 12, 14, 19; 47:13, 20, 21; 48:19; 49:10, 20; 50:3; 55:3, 13, 14, 15, 20; 56:1; 59:18; 60:1, 20, 22; 106:17, 19; 107:3, 11. 14; 108:10, 18; 110:22; 111:7, 10, 14, 15, 16, 18, 21; 112:3; 164:18; 165:3, 6; 166:14, 17; 167:16, 21; 168:15, 17 gas [6] 19:19; 69:15; 74:8, 11; 76:9; 98:17 gaseous [1] 166:21 gases [4] 69:13, 15; 74:4, 11 gaskets [1] 182:10 gave [4] 10:7; 58:9; 120:17; 132:10 Gee [2] 36:17; 63 -2 generalities [1] 17:20 generic [1] 142:4 gentleman [1] 169:10 gentlemen [1] 123:11 geographical [1] 11:21 geologist [1] 49:20 George [1] 36:5 Gerarde [1] 140:11 German [1] 16:11 Germany [1] 38:8 giddiness [1] 151:15 Gilmore [7] 144:11, 13; 145:19; 146:5, 8, 15; 169:14 ginger [1] 116:13 girl [1] 81:22 give [14] 17:4; 23:21; 32:17; 33:18; 63:3, 14; 66:9; 69:11; 73:13; 140:8, 13, 15; 155:2, 16 given [7] 13:11; 34:5, 8; 35:3, 4; 95:22; 129:3 giving [3] 17:3; 50:9; 127:19 glad [1] 5:9 glass [1] 19:2 glue [1] 15:12 God [1] 86:17 goes [25] 71:15, 19; 98:5; 109:21; 110:2, 6; 117:9; 134:17; 145:3, 8; 148:19; 149:2, 14; 150:2, 20; 151:13; 152:5; 155:22; 162:20; 163:10; 170:14; 171:3, 13, 20; 184:12 good-sized [1] 114:21 Goodrich [2] 57:10 Gosh [1] 9:3 gosh [1] 46:9 gotta [1] 107:8 gotten [2] 111:16, 18 government [5] 49:1; 74:4; 99:7; 130:7; 157:14 gram [2] 128:16; 137:3 grams [5] 127:19; 128:1, 5, 13 granting [1] 26:22 grapevine [2] 101:7, 15 great [8] 73:13; 96:20; 103:9, 10; 141:9; 163:7; 168:10 grew [1] 37:19 group [15] 34:7; 48:2; 53:20; 54:1; 74:15; 108:4, 17; 135:17; 136:21; 141:3, 4; 165:8; 172:11, 12 groups [2] 16:18; 47:8 growing [1] 120:15 guess [11] 24:12, 15; 38:8; 39:14; 48:8; 54:11; 63:18; 157:1; 169:16; 174:2, 9 guinea [1] 124:3 -H- H-o-u-g-h-t-o-n [1] Look-See(35) 164:19 H.K. [2] 91:20, 21 hadn't [2] 111:16, 18 Hahn [5] 183:16; 184:1, 18; 185:6, 14 half P] 117:15, 16, 20 halfway [1] 78:21 Hampshire [1] 44:9 Handbook [2] 71:21; 73:11 handbook [1] 72:6 handed [1] 131:14 handle [1] 43:13 handled [4] 49:6; 129:11; 168:15, 17 handling [6] 32:3, 15; 33:18; 42:19; 125:20 hard [5] 104:12; 145:13; 160:6, 8; 183:20 harmful [3] 17:4; 18:12 hasn't [1] 25:4 haven't [2] 25:7; 161:9 hazard [5] 135:21; 136:9; 162120; 163:9; 176:10 Hazards [3] 147:12, 15; 148:5 hazards [2] 17:11; 18:15 HCN P] 66:16, 17, 18 he'd [1] 71:15 Head [1] 122:1 head [4] 63:2; 92:16; 123:15; 133:17 headache [3] 81:2; 150:13; 151:15 headaches [1] 119:8 health [7] 16:16; 17:15; 18:12; 19:17; 29:9; 30:7; 59:16 hear [7] 12:10; 46:16; 58:18; 75:20; 103:12; 175:22; 176:2 heard P] 73:18, 21; 88:9 hearing [4] 4:7, 10; 75:18; 112:3 heart [2] 43:17; 152:8 heated [1] 119:12 heavy [1] 83:13 Heckscher [1] 1:18 held [1] 20:16 help [3] 73:17, 18; 82:12 helped [1] 65:8 hemoglobin [4] 162:7, 9, 14, 18 high [3] 29:11; 110:6; 150:12 Higher [1] 124:14 higher [1] 182:12 highly [5] 20:1, 3; 44:4; 49:10; 157:9 hired [5] 36:2, 5, 10, 11; 41:22 hit [1] 21:13 hoc [1] 48:1 hold [1] 20:12 home [1] 9:4 hoods [1] 163:8 hooker [1] 167:11 hoping [1] 137:11 Hospital [4] 11:1, 5, 15, 16 hospital [1] 12:4 hot [2] 97:1, 2 Houghton [2] 164:19: 167:12 hour [2] 22:5; 104:16 hourly [2] 22:1, 14 hours [8] 6:16; 9:8, 15, 21; 86:3; 114:21; 116:2 house [4] 182:5, 8, 14, 17 From Exhibit to house WATER PCB-SD0000062473 BSA household [1] 75:4 human [3] 91:1; 109:18, 20 humans [5] 91:6; 105:11, 16, 20; 116:18 Hunt [3] 61:1, 9; 64:16 hurt [1] 18:7 hydrocarbon [4] 97:18; 102:11, 16; 125:21 hydrocarbons [11] 96:21; 97:15, 20; 105:9; 112:8, 16; 113:3; 125:18; 165:11, 17; 166:22 Hydrogen [1] 114:5 hydrogen [13] 66:13, 15; 67:10, 17, 21; 68:1, 3, 19, 21; 69:10; 114:2, 8; 157:7 hydrologist [1] 49:21 Hygiene [2] 44:12; 72:14 hygiene [15] 32:6; 34:6; 41:15; 43:6, 10; 44:8, 14, 16, 19, 21; 49:5; 59:19; 70:11, 13; 169:15 hygienist [8] 35:14; 36:6; 41:13, 16; 44:6; 70:11; 72:17; 146:19 hygienists [6] 36:9; 38:21; 41:21; 42:17; 49:8; 62:11 hypertension [1] 30:9 -1- I'd [26] 4:11; 5:6; 26:14, 16; 27:9; 28:20; 29:1, 20; 39:14; 49:21; 63:2; 64:4; 66:11; 72:22; 99:18; 123:21; 131:22; 140:15; 147:17; 148:10; 149:5, 8; 152:11; 174:8; 176:2 I've [11] 11:1; 21:19; 24:2; 37:11; 64:11; 79:1; 116:7; 121:4; 131:13, 17 idea [5] 64:1; 100:18; 101:5; 113:15; 161:9 IDENTIFIED [1] 3:3 identified [26] 26:8; 56:19; 69:22; 78:12; 82:15; 91:17; 95:18; 106:8; 115:5; 123:2; 131:8; 133:21; 138:13; 144:8; 147:4; 153:22; 158:13; 161:1; 164:16; 166:1; 169:5; 173:8; 179:1; 180:10; 183:14; 185:3 II [5] 19:8; 69:18; 74:12; 130:3, 7 ill [1] 97:22 illness [2] 118:19; 143:17 illnesses [2] 30:12, 13 imagine [2] 97:5, 9 Immediate [1] 124:17 immediate [2] 124:11; 142:20 immediately [1] 102:4 impairment [2] 4:7; 151:3 importance [1] 152:7 important [13] 33:2, 5, 13; 120:12, 18, 19; 137:16; 138:2, 3, 5; 172:22; 176:17, 19 impossible [1] 124:14 inability [1] 151:16 inadequately [1] 135:1 incidence [1] 110:6 incipient [3] 29:10; 30:8, 11 included [1] 167:2 Depo of R, Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 includes [1] 105:3 inclusion [1] 32:1 Incomplete [1] 166:21 increased [1] 171:22 increasing [1] 172:8 Indemnity [2] 2:22; 5:5 indicated [3] 98:16; 99-JO; 142:17 indicates [1] 134:18 individual [6] 65:6; 114:1; 116:11; 156:7; 173:22; 174:8 individuals [3] 16:12; 72:4; 155:15 Industrial [2] 44:12; 72:14 industrial [38] 17:2, 7; 32:5; 34:6; 35:14; 36:6, 9; 38:20; 41:13, 15, 21; 42:17; 43:6, 10; 44:6, 8, 14, 15, 19, 21; 49:5, 8; 59:19; 62:11; 70:10, 11, 13; 72:16; 100:21; 114:3; 119:18; 125:18; 142:1, 6; 146:18; 153:7; 169:15 industry [1] 103:11 Inferences [1] 145:15 inferences [3] 145:12, 14, 17 information [31] 32:18, 20, 22; 33:2, 5; 34:8; 43:4; 50:21; 52:17; 53:6, 8, 10; 71:16; 92:11; 94:7; 95:8; 119:13; 121:3; 124:8; 125122; 129:17; 139J0; 160:10; 170:1, 10, 14; 171:16, 17; 180:16, 19 informing [1] 32:1 ingested [1] 114:16 ingestion [4] 116:3; 118:8; 149:3, 10 Ingle [7] 134:2, 6, 11; 135:7; 137:9; 138:15; 140:20 inhalation [9] 118:8, 10, 17; 122:15; 127:8; 128:20; 137:1; 149:3, 10 inhaling [1] 132:5 inherent [2] 18:2; 126:6 initials [1] 55:9 iqjure [1] 20:5 injured [6] 77:18, 21; 785; 79:21; 80:6, 8 injury [1] 18:18 inquiries [1] 31:6 inquiry [1] 159:9 insecticides [1] 43:12 inside [2] 18:6; 104:13 insist [2] 100:18; 101:5 insomnia [2] 151:1, 15 installation [1] 76:15 installations [3] 19:10; 31:21; 50:13 instances [2] 85:16; 86:12 institution [1] 10:14 instructions [1] 33:18 insufficient [1] 118:9 Insurance [1] 2:16 intended [3] 75:11; 126:10; 129:9 intentionally [3] 87:10, 14; 88:4 interested [1] 139:14 interesting [1] 80:13 internist [1] 12:8 internship [2] 11:6; 12:1 interpret [1] 81:17 interpretation [1] 48:22 interrupted [2] 29:18; 63:12 interval [1] 156:13 intervals [1] 159 JO Intolerance [1] 152:5 intoxication [1] 142:22 investigated [1] 162:19 investigation [1] 135:18 investigator [1] 140:12 involve [2] 31:11; 144:20 involved [5] 19:12; 64:2; 127:7; 135:21; 136:9 involvement [1] 111:19 Irish [10] 121:21, 22; 122:4, 12; 123:6, 12, 14, 15; 131:19; 1375 irregular [1] 13:19 irritability [1] 151:16 irritant [3] 119:4; 126:2; 149:15 irritation [4] 124JO; 128:4, 6, 14 issue [3] 76:16; 137:18; 183:8 item [2] 120:14, 15 - J- J.H. [1] 158:15 J.R. [1] 83:2 Jack [13] 3:8; 36:7; 40:22; 87:13, 18; 106:17, 19; 109:8; 111:5; 164:18; 166:14, 17; 186:13 jag [1] 142:21 January [3] 1:15; 166:11; 187:11 Japan [1] 21:1 Jefferson [1] 2:4 job [21] 13:14; 17:13; 19:12, 14; 29:1, 2, 3, 7; 315, 18; 33:11; 41:11; 42:14; 46:14, 16, 19; 48:19; 49:10; 58:6; 60:17 JOHN [1] 2:1 John [7] 70:3, 4, 9; 75J2; 169:7; 172:10; 179:3 Johnson [4] 57:9; 60:13; 64:22; 65:1 join [3] 41:8; 61J, 4 joined [1] 45:4 joiner [1] 55:18 Joseph [1] 164:19 JR [1] 2:17 judgment [1] 49:15 JULIE [1] 1:19 July [4] 82:18, 20; 158:16; 185:16 June [3] 115:10; 173:16; 183:20 justification [2] 181:14, 15 - K- K-r-u-m-m-r-i-c-h [1] 15:5 keep [11] 34:10, 13; 51:17; 55:3, 11; 94:9, 11, 19; 177:2, 7, 12 KELLY [6] 1:13, 16; 3:3; 4:3; 66:3; 187:16 Kelly [219] 3:2; 4:16; 5:4, 12, 20; 6:13; 9:2; 10:1, 9; 11:13; 14:11; 16:8; 19:7; 21:10; 23:14; 24:9, 14; 25:10; 26:7, 8, 10; 28:18, 20; 29:18; 31:3, 18; 36:16; 38:19; 43:8; 51:7, 12; 54:18; 56:17, 18, 19, 21; 59:14; 62:6; 63:7, 11; 66:8, 12, 14; 68:14; 69:9, 21, 22; 70:2, 15; 71J2; 77:17; 78:11, 12, 15, 18; 79:19, 22; 80:12, 21; 82:4, 12, 14, 15, 18; 83:7, 17, 21; 85:4; 88:14; 89:12; 91:8, 16, 17; 94:5, 12, 15; 95:1, 17, 18, 20; 97:9; 98:14; 99:9; 100:17, 19; 101:20; 102 J; 103:7, 14; 104:4, 16; 105:1; 106:6, 7, 8, 10; 107:5; 108:15, 22; 111:9; 112:7; 113:13, 21; 115:4, 5; 116:19; 118:2, 7; 119:3, 16; 123:1, 2, 19; 125:5, 14; 126:14; 127J, 12, 15; 128:9; 129:6; 130:15; 131:7, 8, 10, 18; 132:1, 6, 16, 20; 133:6, 20, 21; 134:1; 138:12, 13, 16; 139:12; 144J, 7, 8; 145:6; 147J, 3, 4, 6, 21; 148:6, 15; 149:14; 150:10; 152:14; 153J0, 21, 22; 154J; 155:5, 8; 156:2, 12, 17; 158:11, 12, 13, 18; 159:10; 160:14, 22; 161:1; 162:4; 163:21; 164:14, 15, 16, 18, 20; 165J2; 166:1; 167:4, 14; 168:19; 169:4, 5; 173:7, 8, 11, 18; 174:16; 175J2; 176:17, 22; 177:4, 6, 20; 178:7, 22; 179:1, 22; 180:9, 10; 182:1, 7; 183:8, 13, 14, 19; 185J, 3, 5, 19 kept [1] 54:19 Keman [1] 158:16 key [3] 25:13, 15; 27:3 Kills [1] 67:15 kfio [1] 137:3 kfiogram [3] 127:20; 128:13, 16 kinds [3] 137:10; 143:10, 14 Kingdom [1] 160:20 kitchen [1] 75:5 knowing [3] 148:12; 153:5; 167:6 knowledge [7] 35:1; 40:7, 13, 21, 22; 171:12; 178:7 knowledgeable [6] 34:7, 16; 35:2; 41:1, 2; 49:22 Krummrich [3] 15:3, 4; 64:10 - L- lab [4] 162:6, 21; 163:6; 167:13 labeled [1] 150:9 labeling [1] 54:6 laboratories [3] 31:22; 52:15; 61:7 Laboratory [1] 123:9 laboratory [13] 44:7; 85:6, 8; 86:4; 88:17, 18; 89:1, 8; 91:1; 95:10; 114:19; 123:15; 163:8 lack [3] 18:3, 4; 151:3 lacks [1] 148:8 large [8] 18:16; 58:5; 76:13; 105:14; 132:2; 135J2; 141:14, 17 larger [4] 17:18; 18:1; 28J; 39:2 ______________ Look-See(36) largest [3] 97:6, 10; 120 J last [13] 8:19; 9:5; 45:10; 46:16; 61:12; 63:13; 86:13; 90:11; 97:8; 109:11; 123:18; 125:13; 182:6 late [12] 28:8; 58:15; 111:10, 21; 121:6, 9; 122:20; 131:13; 132:9; 159:15; 160:11; 171:15 latter [2] 137:14; 148:9 lattices [3] 184:9, 14, 15 law [2] 1:17; 8:6 lawyer [1] 8:6 Lead [1] 102:14 lead [2] 11:9; 97:3 leak [5] 182:15, 20; 183:4, 6, 7 leaks [6] 182:4, 10, 13, 16, 21; 183:1 learned [1] 101:14 leave [3] 55:13; 76:22; 87:14 leaving [2] 62:5; 88:4 legal [4] 5:19; 6:3; 7:1; 54:5 legible [1] 179:13 Lehman [3] 186:1, 4, 18 lethal [8] 86:20; 88:21; 89:5; 116:11, 14; 117:7, 21; 127:17 Letter [8] 3:5, 6, 7, 9, 13, 16, 21, 22 letter [28] 79:2, 18; 80:2; 82:13; 91:19; 92:4, 22; 94:22; 96:1, 8, 12, 17, 18; 98:2, 5; 103:6; 131:14, 19; 132:16; 154:2; 155:19; 157:2; 164:18, 21; 165:6; 180:12; 183:16; 185:20 letterhead [2] 70:7; 161:16 letters [1] 96:14 leukemia [8] 143:1, 3, 8, 9, 11, 14; 158:4, 7 leukemias [1] 143:16 leukocytes [2] 143:13; 156:8 level [11] 62:8, 18; 63:16, 20; 75:8; 157:15; 171:21; 173:5; 174:9, 19; 176:19 levels [5] 153:15, 17; 157:14; 177:11 Liberty [1] 2:15 librarian [1] 63:17 licensed [1] 11:13 limit [2] 134:21; 171:14 limits [1] 173:4 line [5] 61:22; 62:4; 83:5; 98:1; 172:18 liquid [1] 119:18 liquors [1] 110:12 list [2] 27:10; 158:17 listed [7] 57:4; 59:15, 18; 61:1, 18; 95:14; 123:11 liter [2] 124:4, 6 literature [6] 51:17; 55:4, 12; 95:14; 99:7; 100:10 litigation [2] 10:8; 147:7 live [1] 4:17 lived [1] 4:20 fiver [3] 85:21; 86:5; 89:9 livers [3] 85:17; 86:12, 16 lives [1] 57:11 living [1] 57:11 located [1] 13:1 household to located WATER PCB-SD0000062474 BSA locations [1] 47:10 long-continued [1] 151:14 long-term [1] 157:11 looks [5] 72:10; 74:2; 95:20; 96:7; 179:7 Loss [2] 150:20; 151:16 loss [3] 151:2, 18; 162:16 lost [1] 116:7 lot [10] 57:22; 88:22; 96:16; 97:3; 104:6, 8; 117:18; 155:13; 162:12; 172:16 lots [6] 46:13; 109:11; 122:8; 141:16 louder [1] 4:8 Louis [15] 4:18; 10:11, 16; 11:1, 5; 13:1; 14:14, 15; 15:2; 19:15; 46:2; 62:8, 19; 166:15 low [6] 119:19; 162:7, 10, 13, 15, 18 lower [1] 151:5 lowering [1] 172:1 lunch [1] 46:9 Lung [1] 104:12 lung [2] 104:13; 124:20 lungful [1] 20:4 lungs [2] 104:2, 5 Luxembourg [1] 38:8 lymphatic [1] 143:9 lymphocytes [2] 143:13; 156:8 Lytron [1] 184:10 -M- M-a-r-e-s [1] 83:2 M-e-r-r-i-m-a-c [1] 14:17 M-i-g-r-d-i-c-h-i-a-n [1] 73:20 m-y-e-l-o-g-e-n-o-u-s [1] 143:8 M.L. [1] 166:5 machine [5] 170:16; 172:20; 176:9; 178:1 Magistrate [1] 87:20 main [1] 65:6 mainly [2] 30:6; 65:10 m^jor [6] 42:5; 47:4; 53:9, 14; 54:2; 76:6 males [1] 162:17 malignant [1] 143:15 man [10] 42:12; 47:14, 15; 49:20; 51:2; 103:2; 117:14; 127:22; 154:17 management [3] 34:11; 50:8, 17 manager [7] 40:1, 3; 59:16, 19; 92:1, 2; 144:14 managers [1] 60:8 mandatory [1] 101:10 mankind [1] 30:9 Manske [4] 65:6, 9; 79:14; 163:11 Manta [1] 2:10 manufacture [4] 53:1; 67:2; 74:3, 13 manufactured [8] 19:18; 32:16; 74:12, 14; 83:12; 119:21; 133:11; 168:21 Manufacturers [1] 54:15 manufacturers [2] 135:17; 138:21 Manufacturing [8] 53:7, 16, 21; 54:10; 55:15; 129:5, 12; 154:22 manufacturing [15] 30:19; 40:2; 43:15; 47:4, 8; 48:6; 67:7; 69:13; 71:8; 74:15; 77:9; 89:20; 90:1; Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 172:11; 184:8 March [10] 3:7; 92:4; 96:2; 106:22; 178:10; 179:5, 7, 8, 16; 180:14 Mares [1] 83:2 mark [26] 26:7; 56:18; 69:21; 78:11; 82:14; 91:16; 95:17; 106:7; 115:4; 123:1; 131:7; 133:20; 138:12; 144:7; 147:3; 153:21; 158:12; 160:22; 164:14; 165:22; 169:4; 173:7; 178:22; 180:9; 183:13; 185:2 marked [3] 96:4, 5; 123:22 Market [2] 1:18; 2:13 market [1] 171:4 marketing [1] 48:8 Maryland [1] 19:11 Massachusetts [6] 14:17, 18; 44:10; 115:17; 134:8; 184:4 material [25] 31:7; 34:5; 74:3, 19; 91:2; 118:18; 119:10, 12; 122:18; 124:21; 127:9, 19; 128:2; 129:8, 13, 19, 22; 133:16; 136:3; 141:22; 157:3, 5; 172:19; 173:1; 175:5 Materials [2] 71J2; 73:12 materials [12] 18:11; 19:20; 20:2; 30:21; 67:18; 71:20; 80:6; 133:7, 9; 135:5; 162:22; 163:4 matter [7] 18:5; 47:2; 103:8; 138:7; 167:22; 172:13; 178:11 matters [10] 42:2, 4; 44:16, 19; 49:6, 15; 50:5, 11; 5813; 148:2 Maurice [1] 57:9 maximum [2] 76:8; 145:5 MC [116] 4:9, 14; 5:1, 3; 6:2, 6, 11; 15:10, 16; 18:9; 19:3, 6; 22:11, 20; 23:4, 12; 25:3, 9; 26:6, 9; 28:12, 13; 29:13, 17; 30:2; 31:1; 36:14; 51:11; 56:17, 20; 63:5, 10, 19; 66:7; 69:20; 70:1; 76:2, 4; 78:10, 13; 82:16; 87:3, 6, 8, 13, 18; 88:1, 7, 11, 13, 19; 91:15, 18; 94:14, 21; 95:16, 19; 104:20, 22; 106:6, 9; 115:3, 6; 120:11; 122:22; 123:3; 126:7, 12, 18; 127:10; 130:14; 131:6, 9; 133:19, 22; 138:11, 14; 144:6, 9; 147:2, 5; 153:20; 154:1; 158:11, 14; 160:21; 161:2; 163:18, 20; 164:13, 17; 165:21; 166:2; 169:3, 6; 173:6, 9; 175:16, 21; 176:3, 16; 178:21; 179:2, 11; 180:8, 11; 183:12, 15; 185:1, 4, 9, 12; 186:12, 21; 187:2, 7 MCA [4] 54:12; 132:18, 22; 155:1 McConnell [i] 2:17 McConnell [2] 3:2; 5:4 MD [5] 10:14, 18; 41:20; 60:3; 64:17 me-too [1] 52:22 mean [34] 11:3; 17:22; 22:9; 23:15; 24:3; 32:10; 47:20; 54:22; 56:10; 57:21; 62:9; 80:15, 21; 86:9; 90:21; 97:2; 99:6; 100:6; 106:2; 114:12; 120:16; 125:5; 142:2; 149:21; 155:8; 156:1; 162:9, 12; 168:22; 174:20; 177:6, 10; 182:6; 184:5 means [14] 53:1; 86:5, 13; 91:2, 7; 105:19; 108:21; 109:11; 118:10; 162:2; 1633, 9; 172:6, 7 meant [2] 7:19; 30:16 measure [1] 184:18 measures [1] 159:15 meat [1] 136:1 Mechanisms [1] 139:13 medical [84] 10:15; 11:2, 7, 12; 13:13, 15, 16; 19:9, 16; 20:15, 16, 17, 20; 21:5, 10; 25:20; 29:8; 30:6; 31:18, 21; 33:22; 34:18; 35:3, 9, 10, 16, 20; 36:2, 15; 37:13; 39:19; 41:5, 8, 17, 19; 42:11; 43:4, 9, 20, 22; 45:4; 46:1; 47:12; 50:5, 7, 9, 20; 51:1, 13, 17, 21; 52:10; 53:2, 8, 15, 20; 54:7, 9; 57:2, 12, 17; 58:13; 60:14, 16; 61:20; 62:3, 5, 7, 18, 21; 73:4, 8; 91:10; 106:14, 20; 113:19; 132:18; 159:11, 19; 160:1; 165:4; 166:17; 181:2 medicine [1] 10:13 meet [2] 9:6, 13 Meeting [1] 3:4 meeting [8] 6:17, 21; 7:3, 5; 9:1, 10; 26:11, 22 meetings [7] 8:3, 18, 20; 10:1; 22:10; 56:4; 122:9 member [5] 19:9; 35:13; 79:12; 154:21; 155:2 members [3] 47:22; 54:3; 79:14 membranes [2] 149:4, 16 Memo [12] 3:5, 6, 8, 10, 11, 14, 15, 17, 18, 19, 20 memo [32] 70:2, 15; 74:3; 75:19, 21; 76:6, 22; 82:17; 83:2, 5, 22; 84:4, 6; 97:11; 98:1; 99:19; 115:12; 134:1, 13; 137:9; 138:18; 139:12; 144:10; 158:15, 20; 159:5; 161:3; 166:5; 169:7, 18; 173:13; 179:3 memoranda [1] 178:11 memorandum [6] 115:7; 166:11, 20; 167:9; 169:2; 171:1 memory [8] 71:1; 76:9; 112:5; 132:8, 11, 20; 135:3; 165:12 memos [1] 112:4 Men [1] 150:21 men [2] 101:7; 166:7 mental [1] 151:2 mention [1] 48:21 mentioned [7] 29:4; 37:19; 48:20; 80:10; 93:1; 111:15; 129:4 mentioning [1] 109:9 mentions [2] 80:10; 109:9 Merrimac [2] 14:16; 64:10 messages [1] 7:1 metabolism [1] 139:17 methods [2] 35:5; 42:19 Mexico [1] 38:7 Mezera [1] 61:18 microscopic [2] 85:18; 86:6 microscopically [1] 137:21 Midwestern [1] 72:18 migrate [1] 186:8 migration [1] 136:12 mild [1] 152:20 ,military [4] 69:13; 74:4, 68 milligrams [2] 124:4, 6 million [15] 124:5, 6; 125:4; 145:6; 150:21; 157:16; 170:11, 12; 171:21; 172:14; 174:10, 13; 175:1, 4; 176:8 mind [5] 5:8; 49:4; 99:22; 136:10; 167:10 Mine [2] 96:13; 179:8 mine [3] 46:12; 171:2; 176:11 minimize [2] 101:19; 103:9 Minimum [1] 88:21 minimum [2] 86:19; 89:5 minus [1] 86:8 minute [5] 19:4; 29:14; 66:9; 116:7; 187:8 minutes [6] 3:4; 26:11, 20; 67:15; 115:1; 124:7 mischaracterization [2] 94:13; 175:19 mischaracterizing [1] 28:10 mislead [2] 183:20; 186:15 misleading [4] 87:1, 5, 6,7 missing [1] 103:16 Mississippi [2] 50:14, 15 Missouri [1] 4:18 misstate [1] 186:15 mixture [1] 83:8 moderate [1] 119:19 moderately [6] 84:8, 13, 21; 142:5, 10, 12 molding [5] 170:16; 172:19; 176:9, 13; 178:1 molecule [3] 66:15, 16; 68:17 moment [4] 35:15; 62:6; 63:7; 78:14 monitor [2] 43:14; 153:11 monitored [3] 153:14, 15, 16 monitoring [3] 16:12; 29:9; 30:7 monomer [15] 119:16; 120:21; 121:2, 16; 126:3; 127:12; 133:15; 134:19, 21; 135:4, 9; 136:6, 12; 138:22; 184:14 Monomeric [2] 123:9; 125:16 monomeric [1] 124:3 MONSANTO [1] 1:5 Monsanto [126] 2:7; 5:17; 6:7; 8:4, 6; 10:2; 11:18, 20; 12:10; 13:2, 5, 8; 14:6; 20:7, 10, 13, 21; 21:14, 17; 22:2, 6, 16; 23:13, 22; 24:3, 9, 19; 25:4, 10, 12, 20; 26:11; 27:7; 28:14, 16; 31:17; 33-3, 6, 14, 21; 34:13, Look-See(37) 16; 35:18; 36:16; 37:1, 19; 40:11, 14; 45:8, 15; 47:16; 48:2; 50:3; 51:15; 52:5, 9; 56:6; 57:1; 58:12, 17, 20; 62:18; 66:13; 68:12; 70:7; 72:2, 4; 73:4; 75:14; 77:17, 19; 78:4; 79:10; 84:3, 12; 85JO; 88:22 ; 92:2, 17, 19; 94:1, 11; 95:22; 106:14; 113:12; 115:17; 118:17, 21; 119:21; 120:4, 13; 130:6; 133:11; 134:9, 11; 135:11, 14, 16; 136:21; 140:22; 141J, 5; 144:14; 146:10; 147:7; 150:18; 151:11; 153:11; 154:21; 157:19; 160:1; 161:11, 17, 21; 164:1; 168:5, 8, 21; 169:10; 17031; 172:8; 179:21; 183:10; 184:3 months [7] 11:17; 12:1; 13:10; 20:11; 76:14; 134:17; 156:15 Montreal [2] 14:21 morning [2] 7:20; 187:5 morphology [1] 86:16 Morris [1] 1:18 mostly [2] 36:1; 40:20 movements [1] 81:6 moving [1] 32:5 mucus [2] 149:4, 16 Mugerditchian [1] 73:17 muscular [2] 150:22; 151:3 mustard [1] 19:19 Mutual [1] 2:15 myelogenous [1] 143:8 myself [1] 13:15 -N- n-a-p-a-l-m [1] 19:19 N-e-s-s-e-1-1 [1] 115:8 N.W. [2] 2:4, 19 name [8] 4:15; 5:4; 27:11; 54:1; 58:9; 61:1; 74:17; 164:19 named [1] 15:7 names [4] 27:10; 61:21; 158:17, 18 napalm [1] 19:19 narcotic [1] 148:7 nature [8] 43:4, 5, 6, 9, 10; 57:14; 93:4, 19 nausea [3] 151:1, 17, 18 negative [4] 139:9; 186:2, 8, 19 negotiate [1] 139:6 nervous [4] 124:18; 125:6; 142:20; 151:15 nervousness [1] 150:22 Nessell [4] 115:8, 15; 116:14; 117:3 Nitro [1] 14:15 nitrogen [1] 66:16 NON-ARBITRATION [1] 1:9 nonscientific [1] 72:8 Norfolk [1] 14:16 normal [4] 11:6; 22:14; 85:18; 86:10 nose [2] 104:5, 9 Nosebleeds [1] 152:8 noses [2] 101:8, 12 Notary [1] 1:19 noted [2] 81:13; 151:17 notice [1] 1:17 noticeable [1] 80:17 notices [1] 104:2 From locations to notices WATER PCB-SD0000062475 BSA notified [1] 178:4 November [1] 26:12 nuclear [1] 105:16 NUMBER [1] 3:3 Number [1] 1:7 number [13] 27:22; 53:16; 55:7; 63:1; 64:13; 88:22; 97:19; 105:5, 10; 107:6; 108:22; 109:5; 148:6 numbered [4] 98:7; 102:4; 107:6; 116:1 numbers [1] 26:15 nurse [1] 40:3 Nylon [2] 59:7, 8 -O- Object [4] 17:20; 24:21; 175:16; 186:12 object [13] 5:21; 22:8; 28:9; 86:22; 87:3, 8, 18; 88:8; 120:9; 127:6; 175:15, 19; 186:15 Objection [5] 25:6; 94:13; 126:5, 7; 186:10 objection [12] 6:4, 9; 22:19, 22; 23:10; 87:4; 88:7, 9, 15; 126:9, 15; 186:14 objective [1] 81:1 observed [1] 125:19 obtain [1] 171:17 obtained [3] 32:22; 112:14; 127:5 Obviously [3] 30:12; 34:11; 172:13 obviously [11] 18:16; 25:18; 42:21; 62:9; 110:3; 111:1; 113:2; 154:14, 18; 172:4; 182:20 occasion [4] 9:7, 14; 73:3; 81:14 occasions [8] 8:13; 14:3; 23:20; 24:8, 11; 39:9; 77:17, 19 occupational [1] 29:11 occur [3] 18:18; 105:17; 182:11 occurred [7] 30:15; 86:13; 98:10; 102:12; 118:13, 15, 16 occurrence [2] 81:1; 90:22 occurring [2] 95:11, 12 October [2] 131:14, 20 off-gas [31 69:6; 70:21; 71:2 office [5] 6:19, 20; 46:10, 11; 54:3 officers [2] 25:13; 27:2 offices [2] 1:17; 61:15 oftener [1] 38:21 Oh [25] 28:19; 35:19; 38:1, 6; 40:9; 44:6; 45:12; 46:9; 52:21; 55:6; 73:5; 75:22; 93:14; 106:5; 111:1; 120:14; 122:8; 129:3; 132:14; 141:16; 142:9; 144:1; 152:10; 158:3; 179:12 oh [2] 39:12; 179:8 Ohio [3] 55:8, 9; 57:11 oil [13] 77:7; 96:22; 97:15, 19, 20; 102:13; 103:11; 112:8, 9, 11, 14, 16; 113:4 oils [3] 102:11, 16 Okay [3] 51:9; 148:1, 4 ones [6] 15:6; 38:9; 44:11; 53:13, 14; 176:6 Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 ongoing [2] 34:17; 76:15 open [1] 46:10 opened [3] 46:11, 12 operate [1] 130:6 operated [1] 130:9 operates [1] 170:16 operation [8] 16:4; 17:12; 18:2; 42:9; 43:15; 47:5; 71:7; 76:13 operations [5] 20:20; 21:3, 5; 58:17, 20 opinion [7] 32:21; 84:21; 85:1; 98:2, 5, 11; 174:1 opinions [1] 174:6 opportunities [1] 18:8 opportunity [1] 37:8 option [5] 16:13; 25:12; 26:4, 21; 27:7 options [9] 25:16, 17, 18, 21; 27:1, 13, 17, 20; 28:5 Oral [1] 128:8 oral [10] 88:18, 21; 127:9, 11, 15, 17; 128:12, 20; 129:1; 137:4 order [2] 87:19; 88:2 ordinary [1] 124:15 organ [1] 85:17 Organic [1] 73:16 organic [1] 105:7 organization [1] 54:12 Organizational [1] 3:4 organizational [1] 57:1 organizations [1] 13:15 ORSANCO [1] 55:8 Otto [4] 79:2, 7; 80:2 ought [4] 71:14; 102:9; 135:8; 177:12 ounce [5] 116:20, 22; 117:15, 16, 20 ounces [2] 117:19; 128:2 ours [1] 154:18 ourselves [1] 34:3 outrageous [2] 87:22; 88:1 outside [10] 14:9, 21, 22; 29:19; 52:15; 61:6; 78:7; 178:4, 8; 182:9 overdose [1] 86:15 Owens [1] 166:5 owned [1] 13:2 ownership [1] 21:2 oxygen [3] 80:16; 81:11, 14 -P- p.m. [4] 65:15, 16; 66:1; 187:10 packaged [1] 177:22 packaging [12] 133:7, 9, 12, 16; 135:4; 170:7; 173:2, 5, 21; 174:5, 10; 184:15 packing [1] 182:19 page [22] 26:14, 15, 16, 19; 82:22; 84:6; 85:3; 106:10, 16; 107:5, 9, 20, 21; 109:17; 123:18, 19; 127:14; 139:11; 147:11, 13; 150:8 pains [1] 152:8 paint [1] 102:15 papers [1] 56:4 Paragraph [1] 117:12 paragraph [45] 26:19; 27:10; 70:15; 71:19; 76:5; 80:12; 81:5, 14; 85:4; 86:11; 92:9; 94:4; 98:8, 14; 100:17; 101:3, 4; 102:4, 5; 109:4; 116:1, 5. 8; 117:13; 124:10; 125:14; 128:7, 10; 132:1, 15, 16; 140:17; 145:3; 155:5; 164:21; 165:6; 166:20; 167:8, 18; 173:18; 174:15; 175:11; 181:1; 184:7; 185:20 parallel [1] 122:8 parameter [1] 134:19 parameters [2] 75:2; 137:20 parathion [1] 43:19 Pardon [1] 140:2 pardon [16] 7:4; 11:11; 28:15; 33:4; 61:3; 64:20; 68:9; 71:11; 78:19; 111:17; 119:7; 121:7; 157:21; 168:16; 180:18; 181:19 part [26] 17:13; 31:2; 51:13; 70:13; 76:1; 85:6, 7, 10; 89:19, 22; 103:6; 113:18; 132:21; 140:10; 148:21; 151:20; 152:12, 14; 169:15; 174:10, 13; 175:1, 4 part-time [11] 11:18; 12:9; 35:12, 21; 36:1, 3; 38:22; 64:7, 8, 10, 11 participate [1] 141:3 parties [1] 1:21 parts [12] 124:5, 6; 125:3; 145:5; 150:21; 157:15; 170:11, 12; 171:21; 172:14; 176:7; 182:10 passage [1] 139:12 passes [1] 170:15 pastrami [1] 131:3 pathology [1] 86:3 patients [1] 81:20 Patty [2] 72:14, 16 Pause [5] 36:13; 65:14; 130:13; 158:10; 185:10 paying [4] 5:19; 6:1, 3, 7 pellets [5] 170:11, 12; 172:14, 21; 176:8 Pennsylvania [1] 2:14 Pensacola [1] 64:5 People [1] 6:22 people [27] 7:1; 35:8; 39:5; 40:5; 43:17; 47:9; 50:19; 59:22; 61:8; 62:10, 15, 17, 21; 64:2; 65:13; 84:15, 19; 93:17; 101:15; 110:19; 123:16; 127:21; 155:1; 162:14; 163:6; 181:8; 182:16 percent [6] 12:18; 21:2; 76:8; 127:20; 128:13; 134:20 percentage [2] 162:13; 163:5 performed [1] 135:9 period [6] 13:10; 14:5; 15:9; 55:1; 122:16; 128:18 periodic [2] 30:7; 154:15 peripheral [1] 80:17 permanent [1] 132:5 persist [1] 87:19 persisted [1] 151:1 person [3] 81:22; 114:18; 128:3 personally [2] 46:7; 55:11 personnel [6] 48:13; 53:18; 62:4, 7; 144:20; 162:6 Petroleum [1] 154:10 petroleum [2] 109:10; 110:7 pharmaceutical [1] 65:1 Pharmacology [1] 64:22 pharmacology [1] 186:6 PhD [1] 64:18 phenols [2] 153:17; 156:22 phenylethylene [1] 139:16 Philadelphia [1] 2:14 phosgene [1] 19:18 phosphorous [1] 19:19 phosphorus [1] 16:10 phrase [2] 46:16; 80 JO physical [2] 32:18; 155:11 physically [1] 80:22 physician [17] 11:14, 18; 12:10, 17; 13:4, 8; 28:21; 29:3, 5; 35:12; 36:3, 11; 40:2; 49:21; 115:16; 154:17; 163:11 physicians [4] 36:1; 44:21; 65:11; 79:8 pick [1] 30:14 pigs [1] 124:4 pilot [3] 70:16; 71:6; 76:12 Pine [2] 19:11; 74:13 pint [3] 114:20; 117:18, 19 pipe [1] 18:6 pipes [1] 18:11 place [5] 6:17; 8:18; 9:2; 65:12; 182:8 places [2] 179:10; 182:11 Plaintiff [2] 1:6; 2:7 planning [1] 144:19 plans [1] 26:4 Plant [10] 12:21, 22; 13:1, 7; 14:15; 15:2; 19:15; 28:22; 62:2; 92:11 plant [98] 12:9, 16, 19, 21; 13 J, 4, 5, 7, 8; 14:12, 13, 15; 15:1, 2, 3, 4; 16:2, 10; 28:21; 29:3, 5; 35:17; 38:18; 39:1, 7, 11, 21; 40:1, 8; 42:9, 20; 47:7, 10; 50:17; 58:17, 20; 59:1, 9; 61:20; 623, 5, 21; 63:21; 64:2; 65:3, 7; 66:13, 20; 67:19; 69:2, 7; 70:16; 71:6; 76:12; 77:5, 9, 12, 15; 78:7; 79:11; 80:5; 89:14, 17; 92:1, 2, 12, 17; 93:3; 94:2, 9, 12; 101:12; 112:7; 115:16, 17; 119:22; 130:6; 134:9; 141:6, 15; 142:7; 144:14, 18; 146:11; 163:10; 164:1; 168:6, 9; 169:11; 179:20; 180:2; 181:9; 182:22; 184:4 plants [61] 13:12, 18, 22; 14:1, 3, 7, 9, 10, 19; 15:11, 12, 14, 17, 21; 16:4, 15, 22; 17:8; 18:21; 20:21; 21:7; 31:22; 33:3, 6, 14; 34:3; 35:18, 21, 22; 37:20; 38:5, 11; 39:2, 4; 40:11, 14, 17, 18, 19, 20; 42:5, 21, 22; 43:1; 46:21; 47:5; 48:22; 50:9, 14, 22; 51:15; 57:19; 58:9, 16, 19; 59:3; 67:4; 153:12 plastic [3] 39:5; 134:9; 135:22 plastics [1] 136:17 Look-See(38) play [1] 144:4 please [4] 4:15; 5:8; 19:2; 125:15 plus [1] 86:8 plywood [1] 15:12 pneumonia [1] 124:19 point [13] 10:21; 15:18; 21:12; 42:16; 47:15; 57:15; 59:22; 84:17; 108:18; 132:17; 153:7; 172 Jl; 181:2 pouits [1] 70:19 poisoning [18] 80:18; 81:3, 9; 118:8; 142:18; 145:9, 18; 146:1; 148:14; 152:7, 15, 16, 17; 153:2; 159:21, 22; 160:2 poisonings [1] 81:18 policy [3] 56:6, 9, 11 pollution [24] 31:14; 33:20; 42 J, 4, 6, 12; 45:1, 2; 46:15, 20; 47:6, 13; 49:12, 18; 50:4, 7; 51:2; 55:4, 8, 12, 17, 21; 58:3; 59:19 polyaromatic [2] 105:13, 16 polyaromatics [1] 105:19 polyethylbenzol [1] 162:22 Polyethylene [1] 169:20 polyethylene [10] 168:21; 170:2, 6; 171:15; 173:14, 21; 176:14; 177:3, 8; 178:1 polymer [6] 135:2; 165:9, 12, 18, 19; 170:15 Polynuclear [2] 105:5; 107:21 polynuclear [16] 105:1, 10; 108:7; 109:1, 6; 110:3, 9; 111:11, 22; 113:6; 164:4, 11; 165:10, 14, 17; 166:22 Polystyrene [1] 133:10 polystyrene [6] 133:11; 134:14; 135:22; 136:19; 168:22 Pont [3] 53:1, 2, 12 poor [1] 33:11 popular [1] 72:7 portfolio [1] 13:14 portions [2] 7:11, 13 position [9] 11:21; 19:7; 20:12, 14; 21:9; 25:8; 60:19; 74:20; 169:12 possibility [14] 18:18; 90:6, 9, 18, 22; 93:4, 9; 95:8, 13; 165:10, 16, 20; 182:9; 184:13 postgraduate [2] 11:2, 9 potential [2] 16:3, 14 potentially [1] 87:22 pounds [2] 128:1; 157:6 practical [3] 175:12, 14; 176:6 practice [6] 11:17, 22; 12:8, 13; 100:22; 136:16 practicing [1] 11:13 practitioner [1] 12:6 precautionary [2] 159:10; 160:9 precautions [1] 125:19 prefer [1] 94:9 prepare [2] 6:12; 8:20 prepared [3] 159:19, 21; 160:4 preparing [2] 22:7, 9 presence [6] 111:10, 22; 167:12; 168:12; 186:2, 19 notified to presence WATER PCB-SD0000062476 BSA present [19] 1:20; 6:21; 69:4; 74:21; 77:11, 14; 95:5; 105:14; 112:18; 133:15; 141:12; 148:2; 167:14; 170:9; 171:18; 175:7; 176:10; 177:12; 184:7 presented [1] 56:4 presents [1] 184:13 president [11] 36:17, 18, 20, 21; 37:5, 7; 44:12; 48:5, 6, 7, 8 presses [1] 110:13 pressmen [2] 110:7, 21 pressure [2] 29:12; 84:17 Presumably [1] 182:18 presumably [2] 93:15; 109:10 presume [1] 174:20 pretty [7] 19:14; 33:11; 48:2; 52:21; 53:19; 104:10; 176:6 prevent [2] 160:6, 9 prevented [1] 160:3 preventive [2] 29:8; 30:5 previously [1] 66:4 primary [2] 124:17; 125:5 principal [2] 79:13; 162:20 private [4] 11:16, 22; 12:13; 81:21 problem [18] 16:14, 19; 37:11; 153:8, 9, 10; 163:16; 165:7, 9; 167:12; 170:20, 22; 172:12; 174:11; 177:13, 22; 184:21 problems [6] 13:11, 16; 16:3, 7; 102:18 process [27] 67:5, 8, 18; 71:2; 83:17; 89:13, 16, 20, 22; 90:1, 19; 93:5, 15; 94:2; 112:12, 15, 16, 19; 113:1, 4, 6; 141:12; 144:19; 180:2; 181:10; 182:3 processes [3] 34:3; 69:6; 93:16 produced [6] 30:13; 40:16; 93:4; 125:17; 128:13; 147:6 producers [1] 120:2 produces [5] 93:14; 125:16; 145:10, 18; 152:16 product [17] 18:3; 32:16, 18, 19, 21; 33:1, 10, 19; 52:22; 53:1; 100:21; 120:13, 16; 129:10; 132:19; 171:3; 181:17 production [2] 171:22; 172:9 products [13] 16:17; 18:8; 30:22; 32:4, 9; 33:14; 40:13; 51:15; 59:5, 11; 122:9; 168:13; 186:9 professional [4] 62:7, 15, 17; 64:2 program [8] 25:13; 27:7; 29:8; 30:6; 32:8, 11; 34:10; 129:13 programs [2] 47:6; 49:9 proliferates [1] 143:12 prominent [1] 74:11 promised [1] 187:2 pronounced [3] 128:14; 151:4; 152:6 proper [1] 160:8 proportion [1] 156:7 protect [1] 33:9 Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 protecting [1] 33:12 161:16, 19; 162:3; 173:10; protective [1] 43:13 174:15; 175:10; 176:4; Provided [1] 7:18 180:22; 181:12; 182:2; provided [4] 7:17; 8:1; 183:20; 185:7, 22 180:16, 19 reader [1] 55:6 proving [1] 177:1 reading [4] 109:4; 140:4; Public [1] 1:19 179:22; 185:11 publication [4] 56:15; real [1] 51:8 116:9; 117:6; 129:9 reason [5] 136:5; 162:17; published [4] 53:4; 56:1; 171:8, 10, 11 121:16; 122:12 recall [20] 10:4; 20:9; publishing [1] 56:8 25:12; 28:6; 41:11; 59:12; pump [6] 182:5, 8, 14, 62:16; 69:4, 14; 73:2; 17, 19 74:16; 77:10; 78:6, 8; Pumps [1] 182:20 99:12; 118:18; 135:7; pumps [5] 182:8, 11, 18, 136:19; 141:12; 163:21 21; 183:4 receive [8] 25:17, 21; purchase [1] 27:1 27:17, 20; 28:5; 75:19, purchasing [1] 79:17 21; 156:14 pure [1] 68:1 received [18] 10:18; purely [1] 43 JO 25:16, 18; 26:3; 28:2, 7; purported [1] 87:10 70:3, 4; 91:20; 92:6, 11; purpose [2] 89:5; 103:3 115:8, 10; 134:2; 144:10; purposeless [1] 81:6 158:20; 161:3; 169:7 purposes [1] 148:3 receiving [1] 80:2 pursuant [1] 1:17 Recess [4] 29:16; 51:10; putting [3] 50:15; 103:3; 104:21; 163:19 175:13 recessed [1] 65:16 recognize [13] 70:2; -Q- ~~ 74:17; 82:17; 91:19; 96:1; qualifies [1] 153:2 quantify [1] 109:8 quantities [1] 32:14 Queeny [5] 12:21; 13:1, 7; 28:21; 62J question [33] 5:8; 17:21; 28:9; 29:21; 30:3; 55:22; 63:13; 64:15; 67:12; 87:2, 6; 88:4, 10, 11, 16; 94:16; 97:4; 111:20; 117:10; 126:6; 137:15, 16; 138:16; 149:11; 159:22; 167:21; 171:8, 10, 13; 173:20; 175:2; 176:1, 2 questions [4] 31:11; 51:14; 168:20; 185:18 quickly [2] 123:21; 128:15 quote [2] 139:12; 140:19 quoted [1] 116:16 quoting [1] 146:16 ---------------- 115:7; 131:13, 15; 134:1; 154:2; 185:5, 13 recollect [1] 45:19 recollection [10] 27:6, 16; 69:3; 74:1; 100:13; 111:5; 112:17; 118:19; 135:19; 168:13 recommended [1] 26:22 Reconstruction [4] 161:10, 13, 17, 21 reconvene [1] 187:11 reconvened [1] 65:16 record [18] 5:1, 2; 19:4, 5; 29:13, 15; 30:4; 36:20; 63:5, 9, 15; 763; 88:8, 12; 94:17; 176:4; 187:7, 9 recycle [1] 70:21 reduce [1] 171:21 refer [3] 94:4; 116:1; 127:14 reference [8] 72:2, 11; 73:1, 15, 21; 77:1; 81:6; 111:13 R.E. [2] 158:18; 159:10 RJ. [1] 166:5 rabbit [1] 125:17 rabbits [1] 89:1 raised [1] 133:15 ran [1] 76:14 range [1] 124:4 rarely [1] 150:21 rate [1] 22:14 ratio [1] 156:18 rats [7] 88:17, 18; 89:1; 91:5; 116:11, 18; 124:4 raw [1] 30:21 reaction [2] 125:16; 128:16 Read [1] 176:3 read [59] 7:6, 11; 26:20; 30:2, 4; 63:13, 15; 76:2, 3; 79:1, 18; 85:10, 13, 14; 87:10, 22 ; 88:11, 12; 92:21; 93:10; 94:17; 96:18; 97:8; 98:7, 14; 101:1; 102:3, 6; 103:6, 20; 108:2, 15; 109:17; 111:6; 116:5; 124:13, 16; 125:14; 128:8, 12; 132:16; 139:14; 145:13; 155:4; referenced [1] 156:19 references [7] 145:4, 9, 11, 17; 146:20; 167:1 referred [4] 15:1; 48:4; 54:12; 140:17 referring [1] 93:13 refers [1] 71:21 refined [2] 170:12; 176:8 refineries [4] 77:8; 109:10; 110:7; 112:14 refining [2] 171:20; 172:5 reflect [1] 63:5 refresh [11] 27:6, 16; 71:1; 76:9; 112:4; 132:8, 11, 20; 135:3; 165:12; 169:2 regard [2] 8:15; 72:19 regarding [2] 159:15; 173:13 regional [1] 55:7 regular [3] 13:9; 21:18; 184:17 regulatory [2] 46:22; 174:12 | Rein [1] 2:18 I | j related [3] 68:19; 81:16; 82:1 relating [2] 81:17; 108:20 relationship [4] 97:20; 114:10, 12; 161:20 relative [2] 17:9; 69:11 relatively [2] 37:15; 122:16 release [1] 114:17 reliable [1] 171:17 rely [2] 44:15; 49:12 remain [1] 21:9 remained [3] 60:16, 18; 83:11 remaining [1] 172:17 remains [1] 134:21 Remember [1] 127:7 remember [103] 14:10; 15:6, 18; 59:13; 62:9; 67:1, 3; 68:18; 69:5, 8; 71:4, 6, 8, 14; 74:9, 10; 75 3, 13, 16, 17, 18; 76:16, 18, 19; 79:22; 80:2, 8; 83:18; 84:14; 89:12; 90:6, 9, 18, 20; 91:10, 13; 93:6; 95:1, 5; 107:2, 11, 14; 111:9, 20; 112:2, 3; 113:1; 121:5, 8, 10, 11, 13, 15, 19; 122:2; 129:22; 130:2; 131:11; 133:3, 5, 6, 14, 17; 135:11; 136:20; 145:21; 154:4, 6; 155:15; 163:13, 14, 15, 17; 164:3, 10; 167:6, 7; 168:1, 2, 5, 7, 8, 10, 19; 169J2; 170:3, 20, 22; 178:12, 13, 14, 16, 18, 20; 180:6, 7; 183:8, 11; 184:3, 18, 20; 185:8 remodeling [1] 42:5 removed [2] 176:13, 14 repairs [1] 182:21 repeat [1] 109:4 repeated [1] 151:14 repetitious [1] 126:15 rephrase [1] 46:18 Report [1] 3:7 report [17] 34:3; 36:16; 37:4; 46:2; 85:6, 8, 10; 89:4; 106:11; 107:2, 12, 15, 20; 111:7; 116:2; 123:12; 137:22 reported [21] 35:8; 36:18, 21; 37:3, 10; 41:4; 43:21; 46:4, 5; 47:16, 20, 22; 60:1, 11; 61:8; 84:7; 89:9; 102:12; 124:2, 10 reporter [7] 30:4; 63:13, 15; 76:3; 88:12; 94:17; 176:4 reporting [5] 35:5; 37:7; 47:1; 60:10, 19 reports [2] 115:18; 142:16 represented [1] 5:11 representing [1] 8:10 represents [1] 8:8 request [1] 42:22 requested [7] 30:4; 63:15; 76:3; 83:22; 88:12; 94:17; 176:4 requesting [1] 171:16 requests [3] 16:15; 43:3 require [1] 173:21 required [2] 56:6; 136:14 requires [1] 184:9 research [8] 48:7; 70:10, 13; 74:15; 92:16; 134:7; 169:15; 172:11 residency [1] 11:6 resident [1] 93:2 Look-See(39) residual [4] 133:15; 134:18, 21; 163:5 resolve [1] 172:12 respect [2] 40:10; 73:14 respective [1] 1:21 respirator [1] 101:9 Response [1] 123:8 response [6] 94:22; 138:15; 140:20; 180:6; 185:6, 13 responsibilities [15] 13:11; 29:2, 5, 7; 31:3, 19; 33:20; 41:8; 42:14; 46:14, 17, 19; 48:19; 49:3; 57:14 responsibility [11] 13:17; 30:19; 31:14, 20; 35:4; 43:2; 50:17, 18; 51:13; 58:2; 113:18 responsible [16] 20:20; 21:4; 42:1, 4, 6, 8; 47:1, 5, 10; 49:5; 50:4, 6, 8, 13; 58:10; 61:6 rest [3] 82:8; 96:17; 151:22 restart [1] 29:21 rested [1] 40:22 restrict [1] 21:3 result [5] 124:11, 17, 19; 125:10; 149:16 resulted [1] 128:15 results [1] 150:13 resumed [1] 66:4 resuming [1] 187:4 retired [7] 21:14; 25:19; 36:8; 37:16; 52:12; 57:10; 62:16 retirement [4] 34:22; 39:19; 51:4, 19 return [1] 20:7 returned [1] 63:6 review [4] 7:3, 5; 10:5; 34:2 reviewed [2] 7:22; 56:15 reviewing [1] 35:4 RICHARD [1] 2:17 Right [2] 15:10; 104:3 right [29] 5:9; 21:21; 29:22; 37:10, 14; 41:9; 54:14; 57:8; 59:16; 63:2; 74:21; 82:3; 83:5; 96:7; 97:11; 98:3; 99:2; 104:18; 109:14; 115:20; 116:5; 121:2; 129:5; 145:6; 148:14; 164:5; 176:20; 181:10; 183:2 right-hand [3] 26:15; 158:17; 166:14 rigid [1] 135:22 ring [5] 53:13; 74:5; 105:4, 7 River [4] 50:14, 15; 55:8, 10 road [1] 30:12 Robert [3] 4:16; 161:3, 8 role [1] 43:21 room [2] 29:19; 187:3 Rotzler [1] 165:8 roughly [1] 128:2 round [1] 61:14 routinely [1] 43:1 Rowe [3] 123:13, 14 Rubenstein [1] 87:20 rule [1] 163:7 rules [2] 138:6, 8 running [2] 162:5; 182:22 -S- S-k-i-n-k-e-r [1] 4:19 From present to S-k-i-n-k-e-r WATER PCB-SD0000062477 BSA safe [6] 32 :3; 33:18; 42:18, 19; 122:17; 157:14 safely [2] 129:11; 173:20 Safety [2] 144:14; 179:20 safety [19] 40:2; 54:4; 70:10, 13; 129:8, 13, 16, 19; 130:1; 132:18, 21; 135:1; 136:14; 146:10; 161:10; 169:13, 14, 15; 177:22 sales [1] 32:2 salespeople [1] 178:3 salt [1] 142:3 sample [1] 32:14 sandwich [1] 131:3 Sanitary [1] 55:10 satisfy [1] 139:2 Saunders [1] 36:5 Sax [9] 71:22; 72:5, 10; 73:12; 145:22; 146:13, 16, 17, 21 saying [2] 138 JO; 163:3 scale [1] 71:7 Schatz [1] 166:5 schedules [1] 42:17 school [3] 10:15; 11:7, 12 schools [1] 11:2 Schwalb [1] 23 science [2] 10:13; 60:3 scientific [9] 34:17; 52:2; 55:3, 11; 56:1, 4; 72:8; 142:16; 173:19 scientists [2] 121:15, 20 scope [1] 29:11 scratch [1] 50:22 scratched [1] 103:12 scrotal [5] 109:9, 10, 21; 110:7, 20 scrubbing [1] 42:8 se [2] 140:9; 155:16 searches [1] 100:10 second [19] 28:1; 62:13; 71:19; 85:4; 86:8, 9; 115:22; 124:12, 13; 132:1, 15, 16, 17; 145:3; 155:4; 164:21; 165:6; 167:8; 180:22 secondly [1] 87:14 secret [3] 157:20, 22; 158:2 secretaries [1] 6:22 secretary [1] 35:11 section [12] 107:21; 108:3; 123:22; 127:15; 128:8; 132:18; 147:8, 11, 14; 148:5; 150:9; 151:13 seek [1] 87:19 self-control [1] 151-3 selling [1] 33:17 send [1] 65:13 sense [1] 20:3 sensible [1] 172:18 sentence [29] 79:18; 83:21; 86:8, 9; 9231; 93:10; 96:18; 97:8; 98:7; 101:1, 3; 103:20; 104:1; 108:2, 15; 109:17; 124:12, 13, 16; 132:1; 139:14; 155:4; 159:8; 1623; 175:10; 180:22; 181:12; 182:2; 185:22 separate [3] 9:17, 18, 19 separated [2] 77:6; 141:10 September [2] 793; 154:8 serious [2] 30:12; 143:17 serve [2] 13:4; 48:17 served [1] 13:8 service [3] 11:19, 20; Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 1332 serving [3] 28:21; 1213, 8 SESSION [1] 66:1 setting [1] 66:8 settle [1] 137:18 seven [4] 37:1; 58:9; 603, 8 severe [2] 119:4; 150:22 share [1] 184:9 shares [4] 27:1, 14; 28:3, 18 shed [1] 182:9 sheet [6] 67:4; 129:8, 19; 130:1; 132:19, 21 sheets [3] 34:9; 129:13, 16 ship [1] 39:11 shipped [1] 59:3 shorter-term [1] 137:13 show [24] 26:6; 56:17; 6930; 78:10; 82:13; 86:4; 91:15; 95:16; 106:6; 1153; 122:22; 131:6; 133:19; 138:11; 144:6; 147:2; 153:20; 160:21; 164:14; 169:3; 178:21; 180:8; 183:12; 185:1 shuffle [2] 36:22; 37:1 sign [2] 80:22; 81:2 signature [1] 82:21 significant [1] 87:2 signs [2] 80:14, 20 Silbert [1] 2:3 simple [1] 87:16 sink [1] 120:15 sir [298] 4:10, 17, 21; 5:9, 10, 14; 6:8, 15, 22; 7:6, 10, 12, 15; 8:16, 18, 22; 9:10; 10:7, 10, 19; 11:8; 12:3, 12; 18:22; 19:13; 20:18, 19; 2132; 223, 4, 12, 21; 23:20; 25:11, 14, 22; 26:7, 13, 14, 18; 27:4, 5, 8, 15, 18; 31:13, 16; 32:10; 33:7, 8, 15; 36:4; 38:14; 40:6, 9, 12, 15; 41:10; 42:13; 44:2, 17; 45:5, 6; 47:11, 19; 48:17; 49:16; 51:16, 20; 52:1, 4, 7, 11, 13, 16; 53:22; 54:21; 55:2; 57:6, 8, 12; 59:17, 20, 21; 60:21; 61:17, 19; 64:17; 65:3; 66:20, 21; 68:2, 5, 7, 11, 13; 69:17, 19; 70:17, 18, 21, 22; 71:3, 17, 18; 72:15; 75:16; 77:2, 3; 79:1, 3, 6; 80:7, 9, 10; 81:4, 7, 8; 83:15; 84:2, 5, 9, 11; 85:5, 12, 14; 88:7; 89:2, 3, 7, 15, 18; 91:9; 92:5, 8, 14, 20, 22; 93:10, 13, 18; 94:3; 96:3; 97:12, 17; 98:6; 99:12, 14, 21; 100:2, 12; 101:1; 106:13, 15, 18, 21; 107:1, 4; 108:1, 9; 110:1, 5, 8, 11, 14; 111:8; 112:10, 17; 113:5, 17, 20; 115:9, 11, 14, 21; 116:4, 6; 118:3, 6, 9; 119:2, 5, 15; 120:1, 22; 122:14, 21; 123:7, 10; 124:1, 8; 125:8; 126:2; 128:11; 129:3, 7, 18; 131:16, 21; 132:7; 133:10, 18; 134:5; 135:6, 10; 138:17; 139:4, 22; 141:9; 142:15; 143:4, 6; 144:17, 22; 145:2, 20; 146:6; 147:1, 10, 16; 149:1, 13, 19; 150:5, 7, 15, 17, 19; 151:7, 10, 12, 21; 152:1, 4; 154:7, 9, 12; 155:12, 21; 156:11; 158:6, 9, 19, 22; 159:13, 17; 160:5, 13, 17, 19; 161:5, 7, 15, 19; 163:12, 17; 164:2, 6; 165:1, 2, 5, 15; 1663, 6, 7, 12, 16; 1673, 15, 20; 169:1, 19, 21; 170:4, 5, 8, 19; 1723; 173:12, 15, 17; 1743; 1763; 177:9; 178:6; 179:18; 1803, 5, 15; 181:7; 183:18, 22; 184:11, 22; 185:11, 17, 21; 187:1 sit [4] 76:19; 87:11; 1333; 178:19 sites [1] 38:18 sitting [2] 113:7; 1683 situation [2] 30:14; 48:1 six [6] 11:17; 12:1; 48:11; 57:19; 105:4; 156:15 size [1] 46:11 sized [1] 137:2 skin [21] 102:8, 11, 14, 16, 17, 18, 20; 103:4, 21; 104:7, 10, 14; 119:4; 125:17, 19; 126:2; 149:4, 6, 7, 15, 17 Skinker [1] 4:18 Skinner [3] 158:15; 159:1, 3 skip [2] 1023; 150:8 Skipping [2] 74:2; 124:10 sleep [1] 125:11 slightest [1] 161:9 smaller [1] 115:2 Smear [1] 1563 smear [3] 155:7; 156:1, 5 Smith [6] 79:2, 7, 15; 80:3, 12 sneaks [1] 102:19 Snively [11] 8:5, 6, 10, 14; 9:1, 6, 10, 13, 16; 10:5; 22:10 sold [2] 141:11; 184:15 sole [1] 41:14 soUd [6] 41:3; 46:15, 20; 47:2, 13; 136:2 soUds [1] 40:22 solution [1] 128:13 solved [1] 171:1 solvent [5] 76:7, 11; 77:1; 181:3, 16 solvents [1] 125:21 somebody [1] 43:16 someone [1] 146:19 someplace [3] 61:13; 96:10; 146:19 somewhat [3] 4:6; 38:21; 43:22 soot [45] 89:13; 90:7, 10, 15, 18; 91:11; 93:4, 7, 15, 18, 21; 95:4, 9, 15, 21; 97:21; 98:2, 12, 17, 19; 99:11; 100:5; 101:8, 12, 16, 18, 22; 102:15; 110:4; 111:11; 112:1; 113:12, 16; 164:1, 5, 11; 165:7, 11, 14, 19; 167:10; 168:6, 9, 12 sophisticated [1] 32:7 sorry [8] 2231; 58:18; 93:13; 109:3; 112:20; 125:8; 145:13; 183:19 sort [7] 13:13, 18; 21:19; 70:10, 11; 74:14; 1363 sorts [2] 54:5, 7 source [2] 7130; 7230 sources [1] 76:6 South [2] 4:18; 14:14 speak [3] 4:7, 10; 78:4 specialization [1] 12:5 specialize [1] 12:1 species [1] 91:4 specified [1] 134:19 speculation [2] 97:7, 10 speech [2] 126:7, 8 Spell [1] 82:8 spell [1] 68:15 spelled [4] 25:7; 55:9; 73:19; 160:19 spend [1] 138:8 spending [1] 23:6 spent [4] 12:16; 22:7, 17; 49:8 spill [6] 18:14; 7931, 22; 80:5, 9; 82:1 Spills [2] 78:1, 3 spills [4] 1830; 77:18, 21; 78:5 spotted [3] 85:16; 86:12, 16 spotting [1] 86:5 Springfield [6] 14:17; 64:9; 114:19; 115:16; 134:8; 184:5 Spun [1] 59:4 Square [1] 2:11 St [15] 4:18; 10:11, 16; 11:1, 5; 13:1; 14:14, 15; 15:2; 19:15; 46:2; 62:8, 19; 166:15 staff [7] 20:15; 52:10; 64:14; 79:12, 14; 91:11; 165:3 stage [2] 30:11; 32:12 stages [1] 86:14 stamped [1] 179:12 stand [1] 66:4 standards [1] 84:17 standpoint [2] 42:11; 51:1 start [8] 35:9; 70:20; 783; 99:3, 5; 101:4; 138:20; 145:16 started [5] 19:15; 35:10, 11, 16; 99:6 starting [3] 16:10; 28:4; 180:2 starts [2] 109:18; 116:8 STATE [1] 1:2 state [10] 4:15; 34:10, 14; 44:7; 46:22; 49:2; 50:11; 54:19; 55:20; 101:7 stated [2] 26:20; 159:10 statement [14] 84:10; 134:18; 137:1; 140:1, 3, 7, 9, 13; 148:9; 153:1; 159:14; 163:1; 175:7; 182:6 statements [3] 147:17; 148:6; 1533 States [7] 14:1, 8; 21:4; 38:5, 11; 57:20; 160:20 states [6] 38:13, 15, 16; 44:9; 72:17, 18 status [1] 50:1 stay [1] 125:12 stays [1] 18:6 steaks [1] 105:18 steps [2] 159:11; 160:9 sticking [1] 104:9 stock [14] 25:10, 12, 16, 17, 21; 26:4, 20; 27:2, 7, Look-See(40) 17, 20; 28:5, 14, 16 stomach [2] 128:4, 14 stop [2] 35:15; 175:2 stored [1] 176:8 straight [1] 105:9 stream [2] 77:7; 98:18 streams [5] 40:16, 20; 42:7; 683 Street [4] 1:18; 2:4, 13, 19 strict [1] 173:19 stripped [1] 141:11 stroke [1] 81:22 strong [1] 176:11 stronger [1] 149:15 structure [5] 3:8; 106:12; 107:3, 12, 15 structures [1] 105:7 studied [1] 108:4 studies [19] 52:2; 98:10, 20; 99:4, 6, 11; 100:11; 109:1, 6; 122:16; 135:8, 12, 14, 20; 136:15; 137:4, 10, 14; 141:1 study [25] 85:20; 99:15, 17; 100:4, 6, 7, 8, 9, 15; 124:21; 127:12, 18; 128:19; 136:22; 137:6, 10, 12, 17, 18; 138:4; 139:7; 141:3, 4 stuff [3] 84:18; 137:2; 157:6 Styrene [3] 123:9; 139:16, 18 styrene [45] 112:12; 119:16; 120:2, 12, 17, 21; 121:1, 6, 9, 16; 122:7; 1243; 125:16; 126:3, 21; 127:11; 129:20; 130:1, 2; 131:10, 12; 1323, 3, 9, 18, 22; 133:6, 15; 134:19, 21, 22; 135:4, 9, 17; 136:6, 12, 18; 138:22; 16232; 163:4, 5; 183:10; 184:8, 13 subacute [1] 148:19 Subject [2] 22:22; 179:17 subject [4] 83:5; 88:20; 122:7; 169:20 subjected [1] 172:14 submqjor [1] 54:2 submit [1] 32:16 subsidiaries [1] 20:22 substantial [1] 64:13 substituting [1] 181:9 substitution [1] 181:3 suburb [1] 14:14 sufficient [8] 18:17; 34:9; 50:10; 105:18; 143:6; 157:13; 158:7; 181:13 sufficiently [1] 152:6 Suggested [1] 89:11 suggesting [1] 85:17 suicide [3] 115:13, 19; 118:4 suitable [1] 78:8 Suite [1] 2:5 sulfate [2] 156:16, 17 sulfates [1] 156:19 Superintendent [1] 92:12 superintendent [1] 403 SUPERIOR [1] 1:1 supernatant [1] 110:12 supervised [3] 41:20; 42:15, 16 supervises [1] 165:8 supervision [1] 57:18 supervisor [1] 179:20 supplier [1] 154:17 safe to supplier WATER PCB-SD0000062478 BSA Suppose [1] 43:11 supposed [2] 30:16; 135:18 SURETY [1] 1:9 surgeon [1] 65:10 survival [1] 127:20 suspected [1] 167:13 suspenders [1] 103:2 suspicion [3] 101:21; 102:20; 103:1 suspicions [1] 100:20 Sutherland [2] 161:4, 8 Sweden [1] 21:1 sweeps [1] 109:22 swim [1] 120:15 sworn [2] 4:4; 66:4 symbol [1] 66:17 Symptom [1] 81:2 symptom [1] 80:18 symptoms [3] 80:14, 21; 142:20 system [3] 31:22; 124:18; 125:6 -T- table [2] 7:8; 46:11 tablespoonshd [1] 75:11 takes [1] 137:19 talk [20] 16:18; 23:17; 37:9, 10; 41:7; 45:3, 13; 50:19; 66:11; 71:19; 96:20; 97:3; 103:10; 110:6; 113:21; 130:15, 19; 139:5; 152:14; 178:14 talked [12] 6:14; 28:22; 39:21; 40:1; 45:10, 14; 64:16; 111:14; 131:2; 133:2; 164:3 talking [34] 13:21; 14:5; 15:22; 35:19; 51:20; 72:3; 75:10; 77:2; 81:18; 82:1; 91:4; 95:21; 97:19; 100:7; 108:20; 115:1; 119:14; 123:5; 126:20, 21; 127:7; 131:10; 134:13; 137:9; 138:16; 152:20, 21; 153:1, 4; 157:18; 160:11; 174:14; 175:14, 18 talks [2] 139:19; 150:8 tankful [1] 126:22 tar [17] 82:4, 7, 9; 83:6, 10, 13; 84:1, 7, 12; 85:21; 86:20; 88:22; 108:5, 7, 10; 110:3 target [1] 32:5 tars [1] 110:4 task [2] 134:14 tear [1] 182:19 teaspoonful [2] 117:2; 126:21 Tebbens [1] 167:2 technical [1] 32:2 technician [1] 86:4 technology [2] 16:11; 34:18 tells [1] 80:13 temperature [1] 119:10 temperatures [3] 18:17; 119:11; 124:15 tendency [1] 159:20 Tennessee [3] 16:2, 9; 64:6 tentatively [1] 134:20 term [5] 17:9; 42:4; 143:16; 157:4; 160:18 terms [1] 47:12 terribly [1] 87:7 test [8] 86:6, 19; 88:21; 89:5, 8; 138:21; 156:21; Depo of R. Emmet Kdly MONSANTO V AETNA January 27, 1993 Cr.54223.0 157:1 tested [1] 162:8 testified [8] 4:5; 23:13, 22; 24:2, 8, 15; 66:5; 132:10 testify [5] 24:19; 25:4; 131:12; 132:3, 8 testifying [4] 23:15; 24:4, 6; 25:2 testimony [2] 28:10; 120:9 testing [3] 84:3; 85:7, 8 tests [9] 52:6, 14; 83:22; 86:2; 156:16, 17; 159:11, 19; 162:7 Texas [45] 39:7; 40:8; 45:7, 8; 58:17, 20, 22; 59:8; 64:7; 65:3, 4; 66:13, 20; 67:19; 69:1; 70:12; 77:5, 11, 14; 79:10; 83:3, 17; 89:14, 17; 92:1, 12, 16, 17; 93:2; 94:2; 101:12; 112:7; 119:21; 130:6; 141:6, 15; 142:7; 144:14; 146:10; 161:12; 164:1; 168:6; 169:11, 12 text [3] 96:8; 139:19; 148:11 textbook [1] 140:11 Thank [1] 5:10 theory [1] 30:10 there'd [1] 60:8 they'd [1] 60:9 They're [3] 80:16; 107:6; 143:15 they're [2] 97:18; 176:6 They've [3] 54:5, 6, 7 thin [1] 136:2 thinking [1] 174:7 third [4] 80:12; 85:3; 128:7, 10 Thirty-Seventh [1] 2:12 Thomas [1] 2:4 thrashing [1] 81:6 Three [1] 162:13 three [19] 9:12, 16; 10:22; 11:5, 15; 23:21; 38:7; 39:15; 53:17; 62:2, 14, 20; 64:5; 65:11; 137:19, 22; 150:22; 162:8; 169:17 three-week [1] 137:2 Thursday [1] 187:11 times [13] 4:7; 19:1; 28:7; 32:14; 37:4; 39:12, 15; 40:5; 68:8, 10; 78:4; 79:15; 155:13 tires [1] 97:4 tissue [1] 150:3 title [7] 20:16; 41:11; 60:17; 88:17, 20; 89:4; 169:16 tides [3] 60:6, 12, 15 tolerated [2] 136:11, 13 Toluene [5] 141:8; 142:4; 148:7; 149:2; 152:16 toluene [49] 76:7, 11; 77:1, 4; 141:5, 10, 11, 18, 22; 142:10, 17, 18, 21; 144:19, 21; 145:1, 9, 17; 146:1, 9, 13; 147:9, 15; 148:14, 20; 149:9, 14; 150:2, 13; 151:14; 152:6, 15; 153:7, 12, 14, 18; 154:16, 20; 155:6, 13, 14, 15, 18, 19; 157:10; 181:4, 6, 9, 22 Tom [2] 92:11; 93:1 top-drawer [1] 72:6 topic [1] 97:1 Toronto [1] 14:22 total [1] 27:1 toto [1] 73:1 tough [1] 138:9 tougher [2] 104:6, 8 town [1] 57:22 toxic [49] 17:8, 9, 17; 18:5; 20:1, 3, 6; 30:21; 33:10; 67:11; 69:9, 10; 74:19; 75:1; 84:8, 13, 19, 21; 113:22; 114:1, 2, 3, 5, 7; 139:16, 18; 140:7, 9; 141:22; 142:1, 2, 3, 4, 5, 8, 10, 12; 157:3, 5, 8, 9, 19; 181:3, 6, 16 Toxicity [5] 116:10; 147:12, 14; 148:5; 179:17 toxicity [46] 16:21; 17:1, 3, 10; 18:2, 3; 31:12; 32:3, 9, 20; 33d, 5, 11, 13; 51:14, 18; 52:3, 17; 53:11; 54:20; 6813; 69:11; 72:6; 75:2; 76:20; 83:22; 84:16; 85:7, 8; 86:6; 118:1; 119:13, 19; 120:20; 121:2, 16; 122:7; 129:17; 131:11; 148:20; 159:6, 9; 160:10; 180:4, 17, 20 Toxicological [1] 100:9 toxicological [4] 42:16; 43:4; 61:6; 148:11 toxicologist [4] 61:2; 62:13; 64:16, 22 toxicologists [4] 36:10; 41:21; 52:9; 61:11 Toxicology [1] 72:14 toxicology [7] 52:6, 14; 61:8; 100:8, 14; 122:1; 134:22 traced [1] 110:9 traffic [1] 54:6 train [1] 63:12 trained [1] 12:7 training [1] 10:22 transcript [1] 88:5 transpose [1] 127:21 travel [3] 22:18; 23:2, 3 Travelers [2] 2:21; 5:5 treat [1] 104:6 treatable [2] 144:2, 3 treated [1] 103:22 treatment [3] 40:19, 20; 143:17 Trebitz [3] 154:3, 10, 13 trial [2] 23:15; 25:8 trivialization [1] 126:5 trouble [2] 4:10; 53:3 troubles [1] 102:16 true [21] 26:1; 34:21; 37:12, 15; 40:10; 51:4; 60:15, 20; 84:10; 101:9; 112:12, 15; 113:3; 118:7; 119:3; 141:14; 148:16; 149:9; 172:3; 178:8; 182:3 trusted [1] 49:15 truth [4] 97:6, 9, 14, 16 Tuley [7] 179:3, 19, 22; 180:6, 12, 19; 181:8 Twice [1] 8:17 twice [4] 16:6; 39:15, 16, 17 two-year [3] 137:12, 17, 18 type [10] 12:8; 16:19; 108:17, 19; 109:19; 135:22; 136:2, 3; 137:10; 139:6 typed [1] 96:7 typeface [2] 96:11, 13 types [1] 16:7 typewritten [2] 96:14; 179:14 typical [3] 80:18; 81:3, 9 -U- ultimate [1] 176:10 unacceptable [2] 175:1, 3 uncoqjugated [1] 156:20 unconscious [1] 81:11 Unconsciousness [1] 148:13 unconsciousness [1] 81:2 understand [6] 5:6, 16; 98:16; 101:6; 122:15; 146:7 understood [1] 58:8 undue [2] 30:18; 42:10 unfortunately [2] 48:18; 176:11 unfrocked [1] 70:11 unintentional [1] 136:17 unintentionally [1] 87:1 Union [1] 91:10 unissued [1] 27:2 unit [2] 70:16, 21 United [8] 13:22; 14:8; 21:4; 38:5, 11; 57:20; 160:20 units [1] 144:18 University [2] 10:11; 35:13 university [1] 10:16 unrefined [2] 170:11; 171:3 upheaval [1] 60:5 upper [4] 26:15; 134:21; 158:17; 166:13 urinary [1] 153:17 urine [4] 156:15, 16, 19; 159:11 user [2] 132:2; 176:10 -V- V.K. [1] 123:13 vague [1] 118:19 vaguely [1] 74:9 Vapor [1] 124:2 vapor [1] 84:17 vapors [1] 118:11 varied [3] 34:12; 36:19; 46:21 varies [2] 18:22; 98:17 variety [1] 112:8 vary [3] 40:18; 53:18; 60:6 vegetables [1] 105:14 Vermont [1] 44:9 vice [7] 36:17, 18, 20, 21; 48:6, 7 Vickers [1] 154:10 view [6] 42:16; 153:7; 181:2; 186:2, 8, 19 vinyl [2] 113:4, 6 violating [1] 88:2 Virginia [2] 14:16 viscera [2] 85:18; 86:10 Viscose [2] 58:12, 13 visit [6] 14:6; 15:21; 16:4; 30:16; 38:18; 39:7 visited [5] 14:10, 20; 15:8, 17; 65:6 visits [1] 39:1 visual [1] 151:4 volatility [1] 148:22 volatilize [1] 172:15 vomiting [4] 119:8; 150:13; 151:17, 19 Look-See(41) voracious [1] 55:6 vote [1] 176:11 - W- W.H. [1] 61:1 W.R. [4] 158:15; 159:1, 2,3 Wait [3] 107:8; 116:7; 127:13 wait [1] 50:6 walk [1] 37:10 walls [1] 78:7 wanted [9] 33:9; 71:9, 12; 101:17, 19; 102:22; 103:1; 112:21; 181:11 War [5] 19:8; 69:17; 74:12; 130:3, 7 war [13] 15:13, 19; 20:7; 69:13, 15; 74:4, 6, 8, 11; 130:9, 10 warfare [2] 19:10, 20 washed [1] 18:15 washer [3] 29:19; 63:6, 11 Washington [5] 2:6, 20; 6:18; 35:13; 54:4 waste [29] 31:15; 33:21; 34:5, 7, 9, 11, 14, 17; 35:5; 40:16, 19, 21; 41:3; 46:15, 20; 47:3, 13; 49:9, 13, 18; 50:4, 11; 51:2; 55:5, 12, 21; 58:3; 67:18; 68:2 watch [3] 66:8; 102:7, 18 watched [1] 19:17 Water [1] 55:10 water [24] 19:2; 40:21; 41:3; 46:15, 20; 47:2, 6, 13; 49:12; 50:4, 6; 51:2; 55:4, 8, 12, 17, 21; 58:2; 75:7; 126:19, 22; 127:1, 5, 8 wavered [1] 109:3 wax [3] 110:7, 12, 21 we'd [3] 53:5; 120:16; 139:4 We'll [1] 66:9 we'U [9] 82:14; 87:19; 91:16; 158:12; 160:22; 169:4; 180:9; 183:13; 185:2 We're [2] 174:6 we're [10] 43:12; 60:7, 9; 72:3; 111:19; 113:7; 138:7; 163:21; 168:2; 176:11 We've [1] 28:22 we've [14] 15:21; 43:17; 51:7; 77:1; 95:21; 104:16; 111:11; 119:13; 130:21; 131:10; 138:16; 160:11; 177:13; 187:2 Wednesday [1] 1:15 week [1] 9:11 weeks [5] 8:19; 9:5, 12; 11:3; 45:12 weight [1] 127:20 Welge [1] 2:10 well-known [2] 44:13; 72:16 weren't [2] 130:10; 165:18 West [3] 14:16; 15:11, 17 Wheeler [27] 36:6; 41:1, 4, 7; 42:1; 43:6, 16, 21; 44:4, 15; 45:21; 46:3, 4, 11; 47:21; 49:6; 56:7, 14; 59:15; 60:10, 12, 16; 73:6, 8, 11 whereas [1] 41:2 From Suppose to whereas WATER PCB-SD0000062479 BSA Whereupon [4] 4:2; 65:15; 66:2; 187:10 Wherever [1] 16:3 whiskey [1] 160:19 white [1] 89:1 wide [1] 112:8 widely [l] 135:2 Wilbur [1] 92:11 wild [1] 81:6 WUey [1] 2:18 William [1] 115:8 Williams [1] 139:19 Wilmington [1] 1:14 window [4] 29:18, 19; 63:6, 11 WITNESS [25] 3:1; 4:6, 12; 5:22; 6:5, 10; 15:11; 17:22; 22:9; 23:2, 11; 25:1. 7; 30:5; 63:8, 16; 88:10, 16; 94:18; 126:10, 17; 127:4; 176:5; 185:11; 186:17 witness [13] 4:4; 24 :3, 6, 7, 13, 16, 17, 20; 28:10; 121:5, 8; 131:12; 132:4 witnesses [1] 24:22 won't [1] 183:4 word [6] 90:11, 21; 103:12, 16, 17, 22 words [5] 18:5; 19:16; 52:22; 68:16; 81:1 work [29] 12:9; 13:18; 21:16, 19; 22:2; 28:22; 30:13; 42:16, 17; 46:1; 57:22; 61:6; 73:3, 4; 79:10; 95:10; 98:15; 99:3, 5, 20; 134:17; 137:1, 3; 151:16; 160:8; 163:7; 167:1, 9, 13 worked [5] 73:8; 106:19; 160:6; 184:3, 6 worker [6] 18:4, 15; 33:9; 76:10; 81:18; 101:18 workers [37] 17:4, 11, 14, 19; 18:12, 19; 19:17; 31:8, 9; 43:14; 75:14; 77:18, 19; 78:5; 80:6, 8; 91:12; 95:3, 7; 101:11; 102:8, 14; 145:1; 153:11, 13, 14, 18, 19; 154:15; 155:6, 9, 14, 20; 156:14, 16; 160:7 working [15] 32:7; 43:18; 50:3; 51:21; 62:17; 101:8, 13; 118:17; 129:22; 144:20; 145:5; 153:16; 165:3; 166:17; 182:17 workmen [1] 79:20 workplace [1] 30:17 World [5] 19:7; 69:17; 74:12; 130:3, 7 world [1] 120:3 worried [2] 182:13, 15 worry [1] 182:4 worse [1] 88:6 wouldn't [10] 75:5, 9; 126:13, 17, 19, 22; 127:4, 6; 138:22; 165:19 write [12] 43:11, 16; 56:1, 11, 12; 82:10; 129:19; 130:5; 132:17; 155:1; 177:3, 5 writing [3] 40:4; 129:13; 154:13 written [2] 106:17; 123:6 wrong [1] 152:22 wrote [23] 56:13; 82:13, 17, 19; 84:4; 96:1; 97:11; 107:3, 12, 14, 18; 111:5; 131:14, 19; 132121; Depo of R. Emmet Kelly MONSANTO V AETNA January 27, 1993 Cr.54223.0 146:20; 147:19; 154:3, 16, 18, 21; 157:2; 169:22 ---------- xylene [1] 154:19 -Y- yeah [1] 111:1 year [15] 16:1, 5, 6; 20:9; 21:18; 27:13; 39:2, 3, 16, 17; 74:16; 81:15; 155:10; 157:6 yearly [4] 155:7, 9, 16, 20 years [35] 4:22; 10:22; 11:5, 16; 13:21; 14:11; 16:8; 19:13; 27:20; 28:2; 31:5; 37:1; 39:4, 6, 15; 52:9; 53:17, 19; 54:9; 55:12, 19; 60:6, 8; 69:16; 106:4; 108:11; 109:9, 11; 122:5; 137:19, 20, 22; 163:17 yesterday [4] 6:14; 7:19, 21, 22 You'd [3] 139:6; 151:20; 152:12 you'd [4] 4:11; 33:11; 78:14; 126:3 you'll [5] 26:14; 106:16; 158:16; 166:13; 167:8 You've [3] 50:6; 73:21; 127:8 you've [4] 15:7; 48:20; 52:8; 131:18 young [1] 81:22 yours [2] 43:22; 120:10 yourself [3] 44:18, 22; 49:17 -Z- Zealand [1] 89:1 zero [1] 173:5 Whereupon to zero Look-See(42) WATER PCB-SD0000062480