Document m7E5Gpb63veBwQOxmBB83wVZ

IN RE: MON MASS II Condenselt! TM 1 2 IN THE CIRCUIT COURT OF MONOGALIA COUNTY, WEST VIRGINIA 3 IN RE: MON MASS II 4 5 6 Examination Before Trial, held at the Law Offices Of WOODS, OVIATT, GILMAN, STURMAN & CLARKE, LLP, 44 Exchange 7 Street, Rochester, New York on January 14, 1990, commencing 9 at 9 o'clock a.m. 9 10 EXAMINATION OF: Roy Whittaker 11 APPEARANCES: 12 13 14 HUMPHREY, FARRINGTON i MCCLAIN, P;C. Appearing on behalf of the Plaintiff 2- 2i.--W----e--s--t---L--e---xinMgtiosns,ouSriui6te4054100 GOLDFEIN i JOSEPH Appearing on behalf of Garlock, Inc. and Anchor Packing Packard Building, 17th Floor 111 South 15th Street ,, Philadelphia, Pennsylvania 19102 BY: BERNARD L. LEVINTHAL, SSQ. 20 21 22 23 24 25 REPORTED BY: KOROWSKI LAW FIRM earing Via Telephone on alf or A.W. Chesterton Park Place Professional Center Swansea, Illinois 62226 BY: CURTIS BAILEY, ESQ. DEBORAH A. BONALLE, CSR Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JANUARY 14, 1998 Page 4 few years. In all honesty, I forget the date off the top of my head. As a result of some cases that we were involved in, I think that your firm was handling, Garlock contacted McCrone in Chicago and requested, I believe, even by way of subpoena, that they supply Garlock with any and all documents relating to Garlock and Anchor that they had in their possession, and that's what I have now produced for you. Just as an aside, I don't think that there's anything in there that you don't already have, but 1 will leave that up to you to determine. They're divided up according to McCrone's file numbers and the indices that you see in there were generated by McCrone, not by Garlock. MR CRICK: Are you saying that all these documents were given to us during our other case? MR LEVINTHAL: No. I don't know if they were given to you during your other case or not. Wnen I say you --1 mow that as of today I think you have it all in your 2 INDEX TO WITNESSES 3 WITNESS EXAMINED BY 4 Roy Whittaker Mr. Crick 5" b- " " " ' Mr. Levinthal Mr. crick 7 3 9 10 11 DEPOSITION INDEX TO EXHIBITS 12 EXHIBIT DESCRIPTION 13 1 Notice of Deposition 14 2 15 3 McCrone File - File No. 2562 McCrone File - ME-1322 16 4 17 4-A 18 4-B 19 20 4 C 21 5 22 6 23 7 24 25 McCrone File - ME-1537 Study at Palmyra, New York (1985) McCrone report of June 3, 1985 Letter to R.L. Hatfield from R.W. Watson with attached laboratory testa niictlvais e{ Jomplcj wifci* Attached Mr Sampling Field Forms McCrone Anchor Packing Studies ME No. 2970 McCrone File - ME-5583 McCrone File - ME-1322 PAGES 8-99 99-100 PAGE NUMBER 8 8 9 8 65 71 71 101 Page 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 u> 20 21 22 23 24 25 Page 5 possession because for one thing, as far as I can tell, there may be -- with the possibility of one or two pieces of paper, everything that's there was included in the documents that Mr. Hatfield produced that he had gotten from McCrone. In fact, there may have been a couple of pieces of paper that he produced that were not produced to us by McCrone, but that could be because we relied on them to do the search, and from what I recall of Mr. Hatfield's testimony, he went himself and did a search in addition to relying on what they gave him. MR CRICK: My question is: This stack called -- and we are going to mark all these -- "McCrone Fue ME-1537 Study at Palmyra, New York (1985)," when chd Garlock get this stack of documents? MR levinthal: You have to -- if you look the top -- oh, yeah, right. I believe that that file, McCrone set that up as a separate file. I believe that that file deals with the course of communication back and forth between Garlock or counsel for Garlock Page 3 Page 6 11 2 IT is hereby stipulated by and between 2 and McCrone that includes how Garlock actually 3 the attorneys for the respective parties that 3 received the materials. 4 the filing of the testimony be waived; 4 MR. CRICK: Can you just point that 5 IT IS FURTHER STIPULATED, that the Oath 5 specific letter out to me. 6 and presence of the Referee be waived; 6 (Whereupon there was a brief pause in the proceeding.) 7 IT IS FURTHER STIPULATED, that all 7 MR levinthal: Let me just see the 8 objections, except as to the form of the 8 others a second so I can verify a file 9 question, be reserved to the time of trial; 9 number. 10 and 10 (Whereupon there was a brief pause in the proceeding.) 11 IT IS FURTHER STIPULATED, that 11 MR levinthal: Yeah. If you look at 12 Deborah A. Bonalle, as Notary Public, may 12 correspondence that begins with the first page 13 swear in the witness. 14 * * * 13 and continue, you will see it's dated. That's 14 the correspondence going back and forth 15 MR levinthal: Just for the record, 15 requesting -- 16 Steve, I havejust given you a pile of 16 MR. CRICK: Can you point out the 17 documents. That's in response to your 17 letter that sends this file for me, please. 18 Deposition Notice that requested that Mr. 18 (Whereupon there was a brief pause in the proceeding.) 19 Whittaker bring with him whatever documents 19 MR LEVINTHAL: All right. There is 20 Garlock had in its possession relating to the 20 no -- hold on a second. I don't see a letter 21 McCrone studies of the Garlock gaskets. 21 that actually serves as a quote-unquote 22 The history behind that stack of 22 transmittal letter. What is in here is -- do 23 documents is -- and I believe there's a copy 23 you have some Post-its? I will mark a 24 of the subpoena -- that they were received 24 couple. 25 pursuant to that at some point within the last 25 (Whereupon there was a brief pause in the proceeding.) Midtown Reporting Service (716) 325-2130 Page 1 - Page 6 JANUARY 14, 1998 Condcnselt! TM IN RE; MON MASS n Page Page 1 1 ROY WHITTAKER - BY MR. CRICK 2 MR. levinthaL: There's a letter dated 2 MR. CRICK: Well, I will check our 3 August 14, 1995 from counsel for Garlock to 3 correspondence file on that because I don't 4 Laurie Bain, Vice President and General 4 think it was Mr. Whittaker who was listed, 5 Manager of McCrone Environmental Services 5 but -- 6 indicating that there was to be a meeting 6 MR. LEVINTHAL: Okay. That was handled 7 scheduled for Friday, August 18th, 1995 - and 7 by local counsel. I was led to believe that 8 I'm quoting now - "The purpose of our meeting 8 he had been noticed, but as I said, you are 9 is to confirm that we have received all 9 taking this deposition and there would be no 10 materials in McCrone's files relating to 10 one other than him. 11 consulting services performed for Garlock, 11 And, by the way, I never received a 12 Inc., Anchor Packing or Coltec Industries." 12 copy of your pro hoc for West Virginia. 13 There is likewise -- there are also 13 MR. CRICK: That would have been a 14 letters between McCrone and Garlock or counsel 14 couple of years ago. 15 for Garlock in August prior to the 14th and 15 MR. LEVINTHAL: A couple years ago for 16 subsequent to the 14th of 1995 discussing the 16 these cases? 17 course -- going back and forth discussing the 17 MR. CRICK: Probably in June of '86. 18 course of searching for the documents, but 18 MR. LEVINTHAL: '86? 19 apparently there never was a quote-unquote 19 MR. CRICK: May of ' 86 before the MDL 20 cover letter saying "Enclosed please find the 20 action. 21 documents." 21 MR. levinthaL: Oh, well, if you want 22 So the answer to the question you asked 22 to talk about that, I have been pro hoc'd in 23 a while ago, at this point it would appear 23 West Virginia numerous times. 24 that as of the time of that last case, if it's 24 MR. CRICK: I mean in this case. 25 the Michigan case you're talking about, we did 25 MR. levinthaL: In this case you were Page 8 Page 11 1 1 ROY WHITTAKER - BY MR. CRICK 2 not -- Garlock did not in fact have these 2 pro hoc'd in 1986? 3 documents in its possession. I believe it was d as a result of allegations made by 3 mr. crick: Because it was sent up to 4 MDL. 5 Mr. Hatfield in the course of that case that 5 MR. LEVINTHAL: Okay. 6 Garlock even set about to retrieve the 6 MR. CRICK: This case has a history. 7 documents. 7 EXAMINATION BY MR. CRICK CONTINUING. 8 (WHEREUPON DEPOSITION EXHIBITS 1 THROUGH 6 9 WERE MARKED FOR IDENTIFICATION.) 8 Q- Mr. Whittaker, it's my understanding you retired from y Garlock In 1996? 10 MR. CRICK: Before we begin, have you 10 A. TTiat's correct. 11 filed your pro hoc application in this case? 12 MR. LEVINTHAL: Yes, as far as I know 11 Q You started there in 1953? 12 A. Yes. 13 it's been granted. It certainly was filed. I 13 Q So you worked for Garlock a period of about 43 years? 14 was told that it had been granted months ago. 14 A. Yes. 15 It was filed back in late November, early 15 Q- You are a consultant for Garlock now? 16 December. So as far as I know, it was granted 16 A. Yes. 17 among a whole stack of them at the beginning 17 Q- What sort of consulting work do you do? LS of December. 18 A. Well, a lot of my time is spent on engineering 19 MR. CRICK: I'm not sure we received 19 projects. Garlock is a company that is - always wants 10 that application. 20 to expand their business, and to give you a couple 11 R OY WHITTAKER, 21 examples, they're looking at manufacturing in the Far >2 called herein as a witness, having first been duly 22 East and I have spent about three weeks there and I was 13 swom, was examined ana testified as follows: 23 more recently in - prior to that, I was in Europe, 14 EXAMINATION BY MR. CRICK: 24 spent some time there and then I worked with the >5 Q. Mr. Whittaker, would you please state your name and 25 Engineering Department at Garlock on testing of Page 9 Page 12 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 address for the record. 2 products and developing products. 3 It's Roy L. Whittaker, W-h-i-t-t-a-k-e-r. I live at 4 190 Parrish Street, Canandaigua, New York. It's 3 Q- Garlock is an international company, isn't it? 4 A. Yes, it is. 5 C-a-n-a-n-d-a-i-g-u-a. The zip is 14424. 6 Q- Have you been asked to testify in a personal injury 5 Q. You have North American offices in Palmyra, New York; 6 is that right? 7 case that's pending in Morgantown, West Virginia? 7 A. Yes. 8 A. No, I have not been asked to do it yet. 9 MR. CRICK: Okay. It's my 8 Q- Sodus, New York? 9 A. Yes. 0 understanding that we had previously asked for 10 Q Did I say that right? 1 the identities of Garlock representatives who 11 A. Sodus reports to Palmyra. 2 may appear at trial. Mr. Whittaker was not 3 one of the names that was provided to us. 12 Q- S-o-d-u-s? 13 A. Yes. 4 MR. LEVINTHAL: It was my understanding 14 Q Garlock has a plant in Mexico? 5 that he was. I can tell you right now that if 15 A. Yes. 6 there is a witness to testify as a Garlock 7 representative -- corporate representative, it 16 Q- Toronto, Canada? 17 A. Yes. 8 will be Mr. Whittaker. And certainly after 9 today there should be no surprises because 18 Q Dusseldorf, Germany? 19 A. Yes. 0 you're being given a free hand to depose him 20 Q- Sherbrooke, Quebec? 1 as you see tit. 21 A. Yes. 2 I have no problem representing to you 3 on the record unequivocally that ifwe bring 22 Q- Australia? 23 A. Yes 4 in a corporate representative, it will be Mr. 5 Whittaker and no one else. 24 Q- Great Britain? 25 A. Yes. Page 7 - Page 12 Midtown Reporting Service (716) 32S-2130 IN RE: MON MASS n Condenselt! JANUARY 14, 1998 Page 13 Page 16 ROY WHITTAKER - BY MR. CRICK ROY WHITTAKER - BY MR. CRICK 2 Q- And you're looking to start a plant in the Far East 3 now? 2 Q- When did they start manufacturing cloth with asbestos 3 in it? 4 A It's a possibility. 4 A. Well, it was being manufactured in Palmyra at the time 5 Q- And another plant in Europe? 6 A It's a possibility. 5 I went there in 1953. I don't know when exactly they 6 started manufacturing asbestos cloth. 7 Q- Are there other Garlock plants? 8 A No, anything else reports directly to Palmyra such as 7 Q Garlock began as a company in 1897; is that correct? 8 A That is correct. 9 the mechanical seal -- or the spiral wound gasket group 9 Q- And at that time in 1897, Garlock began manufacturing 10 in Houston. That reports to Palmyra. 10 asbestos-containing products? 11 Q- So there's another plant in Houston, Texas? 12 A. Yes. 13 Q- Are there any other plants besides the ones we have 14 listed? 11 A. 12 Q- Do you know if that included cloth? 13 A. I don't believe it was cloth. I believe it was 14 hydraulic packing and then after that was gasketing. 15 A. Yes. There's a recent one in Arkansas that they 16 purchased, which again reports to Palmyra. 15 Q- At least by the time that you came to Garlock in 1953, 16 Garlock was making asbestos-containing cloth? 17 Q- What city in Arkansas? 18 A I can't recall the city right now. 19 Q- Any other plants anywhere in the world? 20 A. No. 17 A. Yes. 18 Q- And it continued making asbestos-containing cloth in 19 the United States until approximately what year? 20 A I can't tell you the exact year, but it was the mid 21 Q- How many of those plants today, sir, manufacture a 21 1970s, and that was transferred to the plant in f22 roduct that contains asbestos? 22 Quebec. 23 A wo. Mexico and Palmyra both manufactured compressed 23 Q- And it continued manufacturing asbestos containing 24 asbestos gasketing material. 24 cloth in Quebec until about three year ago? 25 Q- Those are the only plants that manufacturer any type of 25 A. Roughly three to five years. I can't tell exactly when Page 14 Page 17 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 product today that contains asbestos; is that what your 2 they ceased manufacturing. 3 testimony is? 4 A. Yes. . 3 Q- During what years did Garlock make asbestos-containing 4 spiral wound gaskets? 5 Q- Now, it was only about two or three years ago that the 6 piant in Mexico was still manufacturing ashestos 5 A. Garlock, over the years, has been in and out of that 6 business and I can't tell you exactly what years that 7 product; isn't that correct? 7 was. I think most recently it was some 10 or 12 years 8 A. I thought I just said Mexico. 8 ago and when the manufacturing was still in Toronto 9 MR. levinthaL: He just told you they 9 before it was moved. 10 are still doing it. 11 Q Yuu said Palmyra -- 10 Q. You lost me there. Before it was moved? 11 A- Muvcd tu Houston or to another location. 12 A Palmyra and Mexico. 13 Q- Besides the compressed sheets? 14 A No, all compressed sheet. 12 Q- Okay. 10 to 12 years ago, Garlock was making 13 asbestos-containing spiral wound gasketing? 14 A. Yes, I believe they were. 15 Q- How about in Canada? 16 A. No. Everything is non-asbestos in Canada. 15 Q Do you know when it started making asbestos-containing 16 spiral wound gasketing? 17 Q- When did you stop manufacturing asbestos products in 18 Canada? 19 A I believe it was when we moved the sheeters and 17 A No, I do not. 18 Q- It was making it before you arrived in 1953,1 take it? 19 A. I can't say when they started making spiral wound 20 manufacturing equipment from Toronto to Palmyra, and 20 gasketing. I don't know because I didn't get involved 21 that had to be approximately tenyears ago. 21 in it until probably the late '60s, '70s, something 22 Q- Now, Garlock was acquired by Colt Industries; is that 23 right? 24 A Yes. 22 like that. 23 Q- And at least by that time, Garlock was making 24 asbestos-contaming spiral wound gasketing? 25 Q And that's the company that made the Colt firearms? 25 A Yes. Page 15 Page 18 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 A Yes. 3 Q- And the company now is called Garlock, Inc.? 4 MR. LEVINTHAL: Which company? 2 Tell me again the year that Garlock stopped making 3 spiral wound gasketing with asbestos? 4 As I said before, I believe it was 10 to 12 years ago. 5 Q. Which is the company - who is the parent company 6 today? 5 Around 1985? 6 Sometime around that tine frame. 7 A The corporation that owns Garlock is Coltec Industries. 7 Were spiral wound gaskets containing asbestos ever sold 8 Q- C-o-l-t-e-c? 9 A. Yes. 8 with a warning? 9 I don't recall because, again, it was done outside of 10 Q- And Garlock, Inc. is a subsidiary of Coltec? 11 A Yes. 10 Palmyra and I've got to believe that when we started 11 labeling gasketing in Palmyra, because Toronto reported u Q. List for me, sir, the products that Garlock 12 Lo Palmyra at that time, they probably started labeling 13 manufactured that contained asbestos,by generic type. 13 at the same time. 14 MR. LEVINTHAL: Are youconfining this 14 Q. Around 1977? is to any time period? 15 A Yes. 16 MR. CRICK: No. 16 Q. But you don't know as for a fact today whether or not 17 MR. LEVINTHAL: Okay. 17 spiral wound gaskets were actually sold with a warning? 18 A Compressed asbestos gasketing, compression packing, 18 A I can't say for sure. 19 expansion joint, hydraulic packing, spiral wound 19 Q. Did Garlock sell asbestos-containing cloth with any 20 gasketing and cloth fabric. 20 kind of warning at any time? 21 Q. When did Garlock cease manufacturing cloth with 21 A On the packaging or -- 22 asbestos? 22 Q. Any kind of warning, sir. 23 A. That product is manufactured in Quebec and I believe 23 A Again, that was done out of Sherbrooke and I can't say 24 they ceased manufacturing cloth approximately three to 24 for sure, but I believe there was a warning put on the 25 five years ago; asbestos cloth. 25 packaging. Midtown Reporting Service (716) 325-2130 Page 13 - Page 18 JANUARY 14, 1998 Condensclt! IN RE: MON MASS II Page 19 Page 22 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 MR. LEVINTHAL: Let me just say 2 correct? 3 something for the record, Steve, that I'm 3 A. That is correct. 4 letting you get into different product types 4 Q. And one of the reasons for removing asbestos was the 5 because Mr. Whittaker is here as the Garlock 5 potential health hazard from breathing asbestos fibers? 6 corporate representative, and for puiposes of 6 mr. levinthal: Objection to form. 7 this exercise, I think that you're probably 7 You can answer it. 8 entitled to that. 8 A. I worked with the asbestos products for years as a 9 I do want the record to reflect, 9 Director of Engineering ana the main purpose as far as 10 though, that as far as I understand for 10 I'm concerned why we did it is because as time went on 11 purposes of this Mon Mass litigation, no 11 since the non-asbestos products started in the late 12 products have been identified with respect to 17 '70s, early '80s, there's been a great demand increase 13 Garlock and Anchor other than gasket material, 13 in having product such as gasketing and packing having 14 and the fact that we are doing this at the 14 tighter, fetter sealability. There's a big concern in 15 deposition doesn't mean that we're waiving any 15 the industry of emissions from the valves and flanges 16 objections we might have to this at trial. 16 and as a result with non-asbestos products, we were 17 Q. I had asked you a question about warnings on 17 able to develop a product that was ten times better for 18 asbestos-containing cloth. Today, sir, do you know of 18 sealability in the industry. 19 any specific warning that was provided with the cloth? 19 Q. So the gaskets manufactured today are actually better 20 A. Like I said, the only thing I can believe that we 20 than the gaskets that you were manufacturing with 21 did --1 think we did - it seems like I recall that we 21 asbestos? 22 did put some warning on the packaging. 22 A. They are fetter in the area of sealability, which that 23 Q. Around 1977? 23 is what a gasket has got to do. 24 A. I'm not sure when it started. I'd say somewheres 24 Q. And one of the considerations, in addition, was the 25 around that time frame. 25 potential health hazard from breathing asbestos fibers Page 20 Page 23 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK Q- Could have been later? 3 A. I can't say. 2 from those products; isn't that correct? 3 MR. levinthal: Object to the form. 4 Q That was not something that you were directly involved 5 with? 4 Go ahead You can answer it 5 Those products are considered safe. They're 6 A. No, because it was in Quebec. 6 encapsulated products. 7 Q- The compressed asbestos gaskets, they were manufactured 7 Q- I have to move to strike your response. 8 in Palmyra? 8 Let me ask it again. One of the considerations 9 A. Yes. 9 diat Garlock gave to removing asbestos from the 10 Q- Beginning in what year? 11 A. In around the early 1900s. 10 products was the potential health hazard from breathing 11 asbestos fibers; is that correct? 12 Q- And continuing even today? 13 A. Compressed asbestos gasketing is still manufactured 12 13 MR. levinthal: Objection to form. Go ahead. 14 today. 14 A. They removed the asbestos in some cases because there 15 Q- What warning is provided with compressed asbestos 16 gaskets today? 15 are people in the industry that's concerned about it 16 and those that are concerned about it, then there were 17 A. It's a warning that's taken from the Federal Register 17 other products that came along when the materials were 15 and placed on the gasketing material itself. 18 available to develop the new products so they would use 19 Q- And when did Garlock begin placing a warning on 20 compressed asbestos gaskets? 19 an alternative to asbestos product. 20 Q. So some people were concerned about the health hazards 21 A. In 1977. . 21 of asbestos in Garlock gaskets? 22 Q- Has that warning ever changed? 23 A. No, it has not. 22 A. Some people in the industry, yes, were concerned about 23 the health concerns of asbestos. 24 Q- Were you involved in the decision to place a warning on 24 Q. Health concerns of persons in the industry about 25 compressed asbestos gaskets? 25 asbestos is not something that only came to the Page 21 Page 24 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 A. No, I was not. 2 attention of Garlock in 1977, is it? 3 Q. Were you told the reason for placing a warning on 3 Restate that question, please. 4 compressed asbestos gaskets? 4 Garlock became aware of concerns about asbestos in the 5 A. No, I was not told the reason. I believe it was put on 5 industry prior to 1977, didn't it? 6 there because of the - as a courtesy to our end user 6 Yes. 7 to tell them that there was asbestos in the product and 7 You know that Garlock was a founding member of the 8 to make sure it didn't get mixed with a non-asbestos 8 Asbestos Textile Institute in the 1940s? 9 product. 9 A. They were a member at various times of that 10 Q. To give diem the opportunity to take precautions from 10 association. 11 being exposed to any respirable asbestos fibers? 11 Q. And they were one of the founding members in the 1940s; 12 MR. levinthal: Object to the form. 12 you're aware of that, aren't you? 13 You can answer it. 13 A. Yes. 14 A. Whatever the end user decided to do with that product. 14 Q. You're also aware that as a result of the Vera Clemons' 15 Q. Is there any reason you can think of to place a warning 15 personal injury claim that Garlock dropped its 16 other than giving the end use the opportunity to 16 membership in the ATI? 17 protect himself from exposure to asbestos fibers? 17 A. As a result of that? That's new to me. I'm not aware 18 A. Well, the product we are talking about is an 18 of that 19 encapsulated product, so there is not a concern about 19 Q. You haven't been provided with those documents? 20 that, but because it contained asbestos, it was just 20 A. I was never made aware that they dropped their 21 done -- we probably will notify them that there was - 21 membership because of that reason. 22 if there was a health concern that there was asbestos 23 fiber. 22 Q. What was the relationship between its drop in 23 membership in the ATI and the Vera Clemons' claim? 24 Q. Now, Garlock has removed asbestos from all of its 24 A. I do not know. 25 products except for the compressed asbestos gaskets, 25 MR. LEVINTHAL: I'm going to object to Page 19 - Page 24 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS O Condenselt! JANUARY 14, 1998 Page 25 Page 28 1 ROY WHITTAKER - BY MR. CRICK ROY WHITTAKER - BY MR. CRICK 2 the form of that only because you are assuming against Garlock in which employees allege that they had 3 that there was a relationship. He's answered an asbestos disease? 4 the question, so we can move on. 4 A I guess the only ones I can think of are probably six 5 Q. Have you oeen provided any documentation that discussed 5 or seven. 6 Garlock's membership in ATI and the Vera Clemons' 7 claim? 6 Q. Would you please name those. 7 A I can't name all the people. 8 A. I have not seen the connection that you're trying to 9 make between the Vera Clemons and the ati. i have not 8 Q Have you reviewed their claim Files? 9 A. No, I nave not reviewed their claim files. I have seen 10 seen that type of document. 10 in the past the list of the people, but that's about 11 Q. You haven't been provided with any documents of that 11 the extent of my attention or review of the files. 12 type ever? 13 A. I don't recall that, no. 12 Q- Did you know any of those individuals? 13 A. Yes, I did. 14 Q. Not even in a prior deposition of yours? 15 A. No, I don't recall that. 14 Q So to the best of your memory, there have been only six 15 or seven Workers' Compensation claims brought against 16 MR. LEVINTHAL: If you have such a 16 Garlock raising an allegation of asbestos disease? 17 document and you want to show it to him, 17 A. Yes. 18 please go ahead and show it to him and ask him 18 Q- And I will ask you one last time, can you name any of 19 questions. If you don't, then let's move on. 19 those claims besides Vera Clemons? 20 Q. Around the time of the Vera Clemons' claim, do you know 20 A. Yeah. A Harold Beadle. 21 what time that was? 22 A. No, I don't. 21 Q Can you spell that last name? 22 A. B-e-a-d-l-e. Geez, I can picture the people. I can't 23 Q. It was in the early 1950s; is that your understanding? 23 think of the names right now. I can't think of the 24 A. It could be. I'm not sure. 24 names right now. 25 Q. When did Garlock drop its membership from the ATI? 25 Q- When was Mr. Deadle's Workers' Compensation -- Page 26 Page 29 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 I don't recall - like I said, they belonged to it and 2 A It's Beadle with a B. 3 then they dropped out, I think, in around the '40s or 4 something like that or later and then went back in 3 Q- B, sorry. B-e-a-d-l-e? 4 A Yes. 5 again for a while, but I can't tell you the years. 6 Q- Just so the record is clear, you are aware that the 7 Vera Clemons' claim that I have been mentioning with 5 Q- When did Mr. Beadle file his Workers' Compensation 6 claim? 7 A I don't recall the time frame. 8 you was a claim brought by the family of a woman who 8 Q. Do you remember the decade? 9 worked at Garlock who contracted an asbestos disease; 9 A I would say it was probably the '50s or '60s. I can't 10 you understand that, don't you? 11 A. Yes? I do. 12 Q. And that claim was brought in the early 1950s; do you 10 say for sure. 11 y He brought his claim in the '50s or '60s? 12 MR. LEVINTHAL: If you are not sure -- 13 understand that? 13 if you are not sure, you're not sure. If you 14 A. Yes. 14 know, tell him. If you are not sure, don't 15 Q. Do you understand that Mr. Houten -- did I say that 15 guess. 16 name correctly - 16 A I'm not sure. 17 A. Yes. 18 Q. -- Mr. Houten was a member of the ATI on behalf of 17 Q To the best of your - your best estimate, it would 18 have been in the '50s or '60s? 19 Garlock; you understand that, don't you? 19 MR. LEVINTHAL: No, you're asking for 20 A. Yes. 20 his best guess and I'm not going to let nim do 21 Q. You know that in the mid 1950s Mr. Houten attended 21 that. 22 meetings of the Asbestos Textile Institute in which 22 If you feel certain you know a decade, 23 asbestos health hazards were discussed? 23 go ahead and tell him. If you are not sure, 24 A. Yes. 24 you're not sure. 25 Q. Now, despite Mr. Houten's presence at those meetings of 25 A. I'm not sure. Page 27 Page 30 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 the ati and the Vera Clemons' claim, Garlock did not 2 Q. You knew Mr. Beadle? 3 put a warning on its asbestos-containing products at 3 A Yes, he worked for me at one time. 4 that time, did it? 4 Q. Wren did he work for you? 5 mr levinthal: Objection to form. If 5 A. It had to be in the'50s. Let's see. Excuse me. I 6 you want to rephrase it, he might be better 6 take that back. It could have beat in the '60s when I 7 able to answer it. You're suggesting that 7 was in Quality Control. 8 there are connections between events that 8 Q. Has Mr. Beadle passed away? 9 there were no connection to. If you have 9 A. Not to my knowledge. 10 something you want to show him to substantiate 10 Q. Was it during the time that Mr. Beadle was working for 11 that and ask questions, that's fine, but I 12 object to the farm in which you're asking the 11 you that he filed his Workers' Compensation claim? 12 A That, I don't know. 13 questions. 13 Q. What did Mr. Beadle do at Garlock? 14 He can go ahead and answer it, if he's 14 A He -- at the time he worked for me, he was a Quality 15 able to. 16 Q. Please answer the question, sir. 15 Control inspector. 16 Q. You probably have some understanding of how Mr. Beadle 17 A Restate your question. 17 was exposed to asbestos fibers. Can you explain that 18 MR crick: Would you please read that 18 to us? 19 (Whereupon the reporter read back the last question.) 19 MR-LEVINTHAL: Object to the form. 20 A. No. 20 Why don't you first ask nim if he has some 21 Q. Vera Clemons is not the only asbestos personal injury 21 knowledge now he was exposed to asbestos 22 claim of a Garlock employee that's been brought against 22 fibers. 23 Garlock, is it? 23 Q. You can answer the question, sir. 24 A No. 24 A. I have no knowledge of how or what caused his health 25 Q. How many Workers' Compensation claims have been brought 25 problem. I do know that as an inspector in Quality Midtown Reporting Service (716) 325-2130 Page 25 - Page 30 JANUARY 14, 1998 Condenselt! IN RE: MON MASS II 1 2 3 4 5 6 7 8 9 10 11 12 13 A. 14 15 Q. 16 17 A. 18 Q. 19 20 21 22 23 Q. 24 25 rage 31 ROY WHITTAKER - BY MR. CRICK 1 Control, they had to roll from department to department 2 to inspect products. 3 So he would have been exposed to Chrysotile asbestos at 4 the Palmyra plant? 5 Yes. 6 And would he have been exposed to Crocidolite asbestos 7 at the Palmyra plant? 8 No, he would not, because I don't think he ever got -- 9 worked around those products. 10 To the best of your knowledge, his only exposure to 11 asbestos was to Chrysotile? 12 Yes. That's because the Crocidolite only represented 13 about 2 percent of our entire product line. 14 And do you know what asbestos disease Mr. Beadle claims 15 that he has? 16 No, I don't. Do you know if he had cancer? 17 18 mr. levinthal: He just told you he 19 didn't know what disease he had. Don't start 20 Fishing. I'm not going to let you do this. 21 He doesn't know what disease he had. 22 Q. Do you know if he has cancer, sir? 23 No, I do not. 24 A. Besides Vera Clemons and Mr. Beadle, can you now think 25 Q. Page ROY WHITTAKER - BY MR. CRICK Whittaker has already given his testimony. It's in the record. It is what it is. This will not change his recollection. This is not coaching. MR. CRICK: Please refrain from telling me the evidence. mr. levinthal: No, I want to make sure that this record doesn't come out twisted. MR. CRICK: Now, if we need to get someone on the phone to monitor the deposition we will, but I don't want you coaching and telling us what the evidence is. MR. LEVINTHAL: I am not coaching. I am not telling you what the evidence is. I want this record to come out straight and not twisted. MR. crick: No. That's not the way I'm interpreting this. . MR-LEVINTHAL: Go ahead. Why don't you continue. Now, your lawyer has mentioned tests by Carl Mangold Are you familiar with those tests? Yes. I am. And you were familiar with those tests when they Page 32 Page 35 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 of any other individuals who filed Workers' 2 occurred? 3 Compensation claims against Garlock? 3 A. No. I'm only familiar with them knowing that they had 4 A. No. 4 taken place. I have not reviewed those tests, but yes, 5 Q. It's my understanding, sir, that you have a 40-plus 5 I overlooked and admit that, about Carl Mangold. 6 year history at Garlock and that during your career, 7 you have had the opportunity to review Garlock files to 6 Q You started your work in Quality Control in Garlock in 7 what year? 8 locate tests that Garlock may have performed on the 8 A. In '66. 9 release of asbestos fibers from its gasket products; is 10 that correct? 9 Q Quality Control is the department that ensures that the 10 products that are leaving the plant meet the proper 11 A. To some extent, I have seen a few, yes. 11 specifications and are appropriate and safe for the end 12 Q. It's my understanding, sir -- correct me please if I'm 12 user to use; is that correct? 13 wrong -- that the first tests that Garlock performed to 13 A. You were right except for that Quality Control has 14 determine whether or not its gasket products released 14 nothing to do with whether the product is safe for the 15 asbestos when used were performed in the 1980s? 15 end user. Their responsible to monitor the 16 A. Again, I can't tell you the time frame. 16 specification, whether it's Garlock or customer 17 Q. What's the first test that you recall Garlock performed 17 specification, and test it and inspect it to those 18 to determine whether or not its asbestos gaskets 18 specifications. 19 released asbestos when used? 19 Q. So Garlock assumed uo responsibility for the safety of 20 A. There was a time I was asked to get some material - 20 its products once it left the plant? 21 some gasketing - compressed asbestos gasketing like 21 A. I did not say that. 22 Style 900 and to have available the testing lab which 22 Q. What responsibility did Garlock acknowledge for its 23 is our functional test lab which reported to me at the 23 products when the product left the plant, sir? 24 time and a person that could set up and run tests 24 A. The safety of any product at Garlock is designed or 25 because there's some tests that they wanted to have 25 built into the product at the time that engineering Page 33 Page 36 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK conducted by McCrone Industries. 2 develops the product through manufacturing and follow Q- And that's the first test that you're aware of that 3 up testing in-house and in the field. Garlock commissioned to study whether or not its 4 Q. So Garlock attempts to test its products before they gaskets released asbestos when used? 5 are manufactured and sold to make sure that they are That's the first and only test that I'm aware of. 6 safe for the end user? And that was in 1985? 7 A. Yes. And when we're talking about safety, I'm talking 8 A. I'm not sure of that. 8 about whether the gaskets -- I'm using gaskets as an 9 Q. You have reviewed those records in preparation for your 9 example, whether it's strong enough, it's got enough 0 deposition today, I take it? 10 stability so under temperature ancfpressure it doesn't 1 A. I did, but I have got to say that I didn't look at the 11 fail and blowout, such things as that. 2 date on them, so I can't say. 12 Q. And so despite the Vera Clemons, the Beadle and the 3 Q. Okay. 13 other asbestos Workers' Compensation claims, despite 4 MR. levinthal: Let me just say for the 14 Garlock's membership in the Asbestos Textile Industry, 5 record, Steve Mr. Whittaker is testifying to 15 Garlock did not see fit to test its products for the 6 the extent of his knowledge. You have been 16 release of asbestos fibers until 1985? 7 provided over the years - eons ago you have 17 MR. LEVINTHAL: Object. 8 been provided with a report, I believe, of 18 Q. To the best of your knowledge? 9 Carl Mangold, I believe - 19 MR. LEVINTHAL: Object to form. I'm MR. CRICK: Please don't coach 20 not going to allow him to answer it in this Mr. Whittaker. Please don't coach him. 21 form. If you want to rephrase it, that's MR. LEVINTHAL: I'm not coaching him. 22 fine. You're being argumentative and you're MR. CRICK: I don't need you to tell me 23 structuring the question so that there's some what evidence I have. 24 connection between all of this, which there is MR. LEVINTHAL: That's fine. Mr. 25 not. And if you want to just ask him prior to Page 31 - Page 36 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS n Condenselt! TM JANUARY 14, 1998 Page 37 Page 4( 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 a date did they test or did they not, that's 2 at your deposition notice then. All I did 3 fine, but I will -- it's improper form and I 3 is -- you asked that documents be produced 4 will not allow him to answer it in that form. 4 relative to the McCrone studies. I will tell 5 Q. You can answer the question, sir. He can make his 5 you that it is our best judgment that Mr. 6 objections and then tne judge will rule on them later. 6 Whittaker is the best corporate representative 7 MR. LEVINTHAL: All right. Go ahead. 7 to speak to the McCrone tests to the extent 8 Answer it. I will argue it to the judge 9 later. I 8 that there is any. ! 9 MR. CRICK: We would like to depose Mr. 10 A. Restate the question. 10 Salomon. 11 MR. CRICK: Would you read that, 12 please. 11 MR. LEVINTHAL: Well, you can make your 12 request. I will tell you right now that it's a13 ereupon the reporter read back the last question.) 14 A. ock products, when they leave the plant, wc feel 15 that they m safe. They're encapsulated products, and 13 14 15 not going to happen in this trial. MR. CRICK: Well, we will take that up tomorrow. 16 when they are encapsulated products, then we feel that 17 they are safe for the end user. 16 Q- You did not have any direct conversations with 17 Mr. Hatfield or anyone from McCrone, did you? 18 Q. I'm going to move to strike your response and ask you 18 MR. LEVINTHAL: Object to the form. 19 if you would just respond to the question that 1 19 You can answer. 20 20 A. No, I did not. 21 A. That's the best I can respond to. 22 Q. You did not test your products for the release of 21 Q- You know that Mr. Salomon did have direct conversations 22 with the McCrone people, don't you? 23 asbestos fibers until 1985, correct? 23 A. No, I don't believe he did. 24 MR. levinthal: Objection to form. 25 Go ahead. You can answer it. 24 Q- All right. You didn't have any direct role in the 25 Mangold studies, I take it? Page 38 Page 41 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 A. I'm not sure exactly when that started, when they first 2 A. No. 3 started that test, but I guess that's true. 4 Q- Now, if a test was going to be performed in-house by 3 Q You didn't leam of those studies until you were 4 involved in the asbestos litigation; is that right? 5 Garlock, it would have been performed through the 6 Quality Control Department, correct? 7 MR. LEVINTHAL: Objection to form. 5 A. True. 6 Q You learned of those studies from the lawyers for 7 Garlock? 8 Go ahead. You can answer. 8 A. True. 9 A. What tests are you talking about? 10 Q. Tests to determine whether or not their products 9 Q In fact, the Mangold studies were commissioned by 10 lawyers for Garlock; isn't that right? 11 released asbestos fibers. 11 A. Yes. 12 A. No. It would never have been done by the Quality 13 Control Department. 12 Q They weren't commissioned by the Safety Department, 13 were they? 14 Q. Which department would paform those tests? 14 A. No. 15 A. It would be the Industrial Relations Department, in 16 particular, the Safety Department. 15 Q They weren't even provided to you until you were 16 involved in depositions for lawsuits; correct? 17 Q. And was it the Industrial Relations and the Safety 17 A. Correct. 18 Department that oversaw the McCrone test in 1985? L9 A. No, I don't know who oversaw those tests in 1985 18 Q Do you know whether or not those Mangold studies were 19 provided to Mr. Salomon nut.sirlc of litigation? 20 because, like I said, the only part I took place on 20 A. No, I don't believe they were. 11 there was to supply the material and the facilities 22 available and a person available to run the test. 21 Q- So the only test that you know of ever at Garlock in 22 which gaskets were studied to determine whether or not 23 Q. Kurt Salomon was the Safety Director in 1985, wasn't 23 they released asbestos fibers when used were performed 24 he? 24 by McCrone Environmental? 25 A. Yes, I believe he was. 25 MR. LEVINTHAL: You mean specifically Page ROY WHITTAKER - BY MR. CRICK Where is Mr Salomon today? He's still at Garlock. Do you know why you were designated as the person to appear for the deposition today concerning the McCrone tests and not Mr. Salomon? Because everything that I'm familiar with regarding the McCrone tests, Kurt Salomon was not part of that either. MR. levinthal: I would also like the record to be clear that Mr. Whittaker was not designated as the Garlock witness with respect to the McCrone test solely. Mr. Whittaker -- just a second, Mr. Whittaker was designated as the corporate designee who is in the best position to discuss oil the corporate issues including the McCrone test and he's also the corporate designee that Garlock will be calling at trial if a corporate designee is calledat trial. MR. CRICK: That is absolutely not true. We specifically asked for the person from Garlock most knowledgeable about the McCrone test. MR. LEVINTHAL: I think you better look Page 42 ROY WHITTAKER - BY MR. CRICK at Garlock; is that what you're asking him? 3 MR. CRICK: Yes. 4 A. Yes. 5 Q- Now, you're not an industrial hygienist? 6 A. No. 7 Q. Of course you're not a medical doctor, correct? 8 A. Correct. 9 Q. You have never had any specific training in asbestos 10 monitoring or asbestos disease, have you? 11 A. No. 12 Q. You would rely on others to provide you information 13 about asbestos and the propensity of a product to 14 release fibers? 15 MR- LEVINTHAL: Wait, wait. Object to 16 the form. Rely on information from others for 17 what purpose? 18 MR. CRICK: Okay. I will rephrase the 19 question. 20 Q. You don't profess to have any expertise in the 21 properties of asbestos fibers, do you? 22 MR. LEVINTHAL: I object to the form. 23 The properties of asbestos fibers relative to 24 what; for what purpose? 25 MR. CRICK: Any purpose. Midtown Reporting Service (716) 325-2130 Page 37 - Page 42 JANUARY 14, 1998 Condcnsclt! IN RE: MON MASS II Page 43 Page 46 1 ROY WHITTAKER - BY MR. CRICK ROY WHITTAKER - BY MR. CRICK 2 Well, yes, as to asbestos fibers as far as their for the test; is that correct? 3 capability to be manufactured for products such as I coordinated getting the material -- the sheet 4 compressed gasketing, packings. material for the test. 5 Q- You do have a certain expertise in use of asbestos in a Where did you get the sheet material? 6 product, correct? It would come from the gasket shop or the Manufacturing 7 A. Yes. Department. 8 Q. Whether or not that product when used may release So this was newly manufactured gasket material that was 9 respirable asbestos fibers, you have never had any 9 used in the McCrone test? 10 coursework or specific training in that subject, have 10 A. Well, probably recently new. It would be from the 11 you? 11 stpek that we nave available at the time. 12 A. No. 12 Q- Did you select McCrone Environmental to perform the 13 Q. You have never had any training in taking an air 13 test? 14 sample, have you? 14 A. No, I did not. 15 A. No, because they are outside of my responsibilities in Who selected McCrone? 16 Quality Control or Engineering. I do not know. 17 Q. All right. So you would have to rely on others to 17 Q. You know who McCrone Environmental is, don't you'/ 18 provide you information concerning measurements of 18 A. Yes. 19 asbestos that may be released from a product? 19 Q. McCrone Environmental is one of the leading 20 MR. levinthal: Rely on the information 20 laboratories in the world; isn't that right? 21 for what purpose? I object to the form. 21 MR. levinthal: Objection. 22 MR. CRICK: Any purpose. 22 Go ahead. Answer it, if you know. 23 A. No. 23 A. I don't know whether they are a leading laboratory in 24 Q. No, that's not correct. Let me reask the question 24 the world or not. 25 then. 25 Q. What is it you know of McCrone Laboratories? Page 44 Page 47 I ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 A Okay. 2 a. Very little, other than they were -- they ran some 3 Q- You're not trained to take air samples? 4 A. No. 3 tests, to the best of my knowledge, this one time on 4 gasketing in our testing laboratory. 5 Q- If you wanted to leam whether or not your products 5 Q. And it was represented to you when McCrone came to 6 were releasing asbestos, you couldn't perform those 6 Palmyra to perform these tests that they were capable 7 tests yourself? 7 and proficient and experts in the field of asbestos? 8 A No. 8 mr. levinthal: Object to the form. y Q- Who at Garlock was proficient and had the training 9 Go ahead and answer it. 10 necessary to take samples or to perform tests to 10 A That would be outside of my responsibility at the time 11 determine whether or not Garlock products released 11 to make that type of decision. 12 asbestos fibers? 12 Q. You didn't question "Why is Garlock hiring McCrone 13 A The people at Garlock would test for fiber in the work 13 instead of some other laboratory"? 14 area as far as processing and the concern of the 14 A. No. 15 workers. The people at Garlock would not test the 15 Q- You just accepted that they were experts in the field 16 product -- the finished product for fiber release. It 16 and participated in the test to the extent you were 17 was mainly because we felt they were encapsulated 17 asked? 18 material. The testing that would be done by Kurt IS mr. levinthal: Objection to form. 19 Salomon or anybody like that, again, like I said, would 19 Go ahead and answer it. 20 be for the processability of that product. 20 A. I did my part that I was asked, to get the material, 21 Q- And Mr. Salomon did perform tests like that; is that 21 supply the man and to be able to run the test. 22 correct? 22 o. Do you have any reason to believe that Garlock would 23 A I believe he has done some testing. 23 hire anyone other than a foremost expert in that 24 Q- And other Safety Directors have performed tests in 24 science to perform these tests? 25 Garlock plants to determine the level of asbestos in 25 MR. levinthal: Objection to form. Page 45 Page 48 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 the plant near Garlock workers; is that correct? 2 Go ahead and answer it. 3 A. Restate that, please. 3 A. Well, I can only respond to any testing we do on 4 Q- There have been other Safety Directors that supervised 5 area sampling tests in Garlock plants to measure 4 products other than Fiber release or whatever, other 5 types of tests on products, that we try to select a 6 asbestos fibers, correct? 6 laboratory in the United States that, yes, is a -- has 7 A. Garlock safety? 7 very good capability, then we can be assured of our 8 Q- Yes, sir. 9 A I'm not aware of any. iU Q- The only tests you are aware of are those performed by 8 results. 9 Q You have no reason to believe today that Garlock 10 selected anyone different than that when it picked 11 Mr. Salomon? 11 McCrone? 12 A Yes. 12 A. No. 13 Q. He became Safety Director in 1985? 14 A Sometime in that time frame. 13 Q What role did Kurt Salomon play in this test? 14 A. I think -- what test are you talking about? 15 Q- And do you know why air samples were not taken in the 15 Q The McCrone test, sir. 16 plant prior to 1985, sir? 16 A. I'm going to repeat what I said a few minutes ago - 17 A No, I do not. 17 Q. Please do. 18 Q- Do you know why Garlock did not hire a consultant prior 18 A. - that I do not believe he played any role in this 19 to 1985 to conduct fiber release tests on Garlock 19 test. 20 asbestos-containing gaskets? 20 Q- Have you spoken with Mr. Salomon about this test? 21 A No. I can't answer that. Again, that would be outside 21 A. No, I nave not, but 1 have not seen or heard of his 22 of -- no, I can't. I have no reason -- don't have that 22 name or seen his name anyplace regarding this test. 23 information. 23 Q Who directly participated in this test besides you? 24 Q- With regard to the McCrone Environmental tests, you 25 indicated that you coordinated obtaining the gaskets 24 A. A laboratory technician. 25 Q- Who was the laboratory technician? Page 43 - Page 48 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS n Condenselt! JANUARY 14, 1998 Page 49 Page 5'. 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 Richard Cirulli. 2 Q- That was just in the last few months? 3 Where is Mr. Cirulli today? 3 A. Yes. 4 He's still employed in the same lab at Garlock. 5 And when you say he's a lab technician, what does Mr. 4 Q- You have brought with you a group of documents that I 5 would like you to identify on the record. What is 6 Cirulli do as a lab technician? 6 Exhibit No. 2, sir? 7 The only thing -- just like in this particular test, 7 A. Exhibit No. 2 is titled "McCrone File, File No. 2562." 8 the only thing he would do is to see that the gaskets 9 were cut, that - he would have -- if there are 8 Q- And what is contained in that document, sir? It 9 appears to be a series of letters concerning work that 10 flanges, for instance, to run a steam test or whatever 10 McCrone performed for Garlock; is that right? 11 test that they're going to run with the flanges, that 11 A. Yes, it's letters back and forth between McCrone and 12 they see that the gasket was actually bolted into the 12 Garlock legal counsel. 13 flange under regular conditions ana that the test was 14 started up and run, and he wouldjust then at a time 13 Q- Who was Bernard Reuben? 14 A. He was with the Coltec staff in New York City at the 15 when they would decide to stop the test, that would be 15 time. 16 his responsibility, to stop the test and then tear the 16 Q- He was a lawyer for Coltec? 17 flanges down. 17 A. Yes. 18 Q. When you say "tear the flanges down," what do you mean? 18 Q. And did he have a direct role in the McCrone tests? 19 A. Unbolt the flanges and pull the gasket out. 19 A. He had some - 20 Q. So Mr. Cirulli was one of the persons who monitored 20 MR. LEVINTHAL: You're not going to 21 removing gaskets from the flanges? 21 find it in there. It's in one of the other 22 A. Yes. 22 files. 23 Q. Was he the only person from Garlock who removed gaskets 23 A. I believe he did, but I can't say for sure. I would 24 from the flanges for the McCrone study? 24 have to look at the other files. 25 A. Yes. 25 Q Was he the person who hired McCrone? Page 50 Page 53 1 ROY WHITTAKER BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 Q. And Mr. Cirulli is still at Garlock today? 2 A. I don't know who hired McCrone. 3 A. Yes. 4 Q. Mr. Cirulli wore one of the personal air monitors that 3 Q- Who is Mr. Goldfein? 4 A. He's Garlock legal counsel in Philadelphia, 5 was later examined under the microscope, correct? 5 Pennsylvania. 6 A. I'm not there doing the tests, so I cannot be sure how 6 Q Mr. Levinthal's partner? 7 it was set up or how it was run. 7 A. He's all part of me same law firm. 8 Q. So you didn't see the test? 8 Q- Why did Garlock have its outside lawyers involved in 9 A. I know I did not see the test. 9 the McCrone test? 10 Q. You just supplied the material and that was the end of in MR LEVINTHAL- I'm going to object to 11 your responsibility? ii the question. 12 A. Material, the lab and the person. 12 Go ahead and answer, if you know. 13 Q. And then you saw the report that was written at or 13 A. Well, I believe they were going to Depart of any 14 about the time that it was completed? 14 litigation that would be taking place m the future and 15 MR. levinthal: Objection to form. Is 15 they had them get involved in the tests. 16 that a question or are you telling him he saw 16 Q- So Garlock was interested in finding test results that 17 the report? 17 would support its position in the asbestos litigation; 18 Q. That's a question, sir. Is that correct? 18 is that your understanding? 19 A. Yes. 19 MR. LEVINTHAL: Ohject to the form 20 Q. Now, you are aware of the fact that this test at 20 Come on, you know that's not a fair question. 21 Palmyra was not the first time that Garlock hired 21 You're tiying to put words in his mouth to 22 McCrone to do work? 22 suggest that Garlock shopped around to find 23 MR. LEVINTHAL: Objection to form. 23 experts that would support whatever its 24 Go ahead and answer. 24 position wanted to be. If you want to ask him 25 Q. That's right? 25 if he knows why they got the counsel involved. Page 51 Page 54 1 ROY WHITTAKER - BY MR. CRICK ROY WHITTAKER - BY MR. CRICK 2 A. It's the only time that I'm familiar with. that's fine, but I object to the form of the 3 Q. So your lawyers didn't tell you that Garlock hired question. 4 McCrone in November of '84 to do bulk analysis of Now go ahead and answer it. My record 5 Garlock gasket material? is preserved. We'll argue it if we need to. 6 MR. levinthal: Objection to form. 7 Go ahead and answer. Q- Do you need her to read the question back? 7 A. Yes. 8 Q. Did they? 8 MR. CRICK: Would you do that, please. 9 A. Yes, I am aware of that. 9 ^Whereupon the reporter read back the last question.) 10 Q. When did you become aware of that fact, sir? 11 A. I can't say. Fairly recent, I guess. 12 Q. Did your lawyers tell you about that? 10 A. 11 Q- Was Mr. Reuben present during the work that McCrone 12 performed at Palmyra? 13 A. Yes. 13 A. No, I don't think hie was. 14 Q. And why did your lawyers feel it was important to tell 15 you that Garlock hired McCrone in 1984? 14 Q- Who is Mr. diBuono? 15 A. He -- he's another staff member of Colt Industries. 16 MR. levinthal: Objection to form. 17 Don't answer that. I will not allow 16 Q- When you say a "staff member," was he a lawyer? 17 A. I don't know what his background was. I'm not that 18 him to answer a question where you're asking 18 familiar with him. 19 him what went on in somebody else's mind and 19 Q- What was his position at that time? 20 their motivation for doing something. 20 A. I don't know. I believe he was in some connection with 21 Q. What were the circumstances in which you were told 21 Industrial Relations, but I'm not sure about that. 22 about McCrone's 1984 work for Garlock? 23 A. It's when we -- it's one time when we were reviewing 22 Q Would that have been in the New York office? 23 A. Yes. 24 the McCrone test we talked about a few minutes ago and 24 Q In the Palmyra office? 25 that was all part of the same discussion. 25 A. New York office. Midtown Reporting Service (716) 325-2130 Page 49 - Page 54 JANUARY 14, 1998 Condenselt! TM IN RE: MON MASS n Page 55 Page 58 ROY WHITTAKER - BY MR. CRICK ROY WHITTAKER - BY MR. CRICK 2 Q- New York City office? 3 A. City office. 2 A. No, I did not. 3 Q- Do you know if Garlock still has those gaskets? 4 Q- Mr. L.D. Retting, R-e-t-t-i-n-g; who is that person? 4 A. No, I do not. 5 A. I do not know. 5 Q- Do you know who those gaskets were provided to after 6 Q- Richard Watson; who was he? 6 McCrone did its analysis? 7 A. He was a paralegal at Garlock Palmyra. 7 A. No. 8 Q- Did he also work in patents? 8 Q They were provided to Carl Mangold, weren't they? 9 A. Yes. 9 MR. levinthaL: Objection to the form. 10 Q- Did he actually hold any patents? 10 A. I don't know for sure. 11 A. Yes, he did. 11 Q- Let me hand you Exhibit No. 4. Can you tell me what 12 Q- What patents did Mr. Watson hold? 12 that document is, sir? 13 A. That was a long time ago. I don't now remember what 13 A. The title is "McCrone File, ME-1537 Study at Palmyra, 14 they were. 14 New York (1985)." 15 Q- The general type of products, do you know what type of 15 Q- And that file concerns McCrone's work in 1985 on the 16 patents he held? 16 release of asbestos fibers from Garlock gaskets, does 17 A. No, I do not. 17 it not? 18 Q- Were those patents that he assigned to Garlock? 13 A. Yes. 19 A. Yes. 20 Q. Where is Mr. Watson today? 19 Q- And did this file come from Garlock's file cabinet? 20 A. This is our functional test laboratory reports in some 21 A. He's retired and lives in Palmyra. 21 cases. 22 Q- Do you know when Mr. Watson retired? 22 Q Where do you keep those reports at, sir? 23 A. Three years ago. 23 A. We have a rec retention policy at Garlock and these 24 Q- What was Mr. Watson's role in the McCrone studies? 24 records are kept for seven years and then destroyed. 25 A. I believe he was the one that actually asked me to have 25 Q- Do you still have your copy of McCrone's 1985 report? Page 56 Page 59 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 the lab available and material available. 2 A. I never had a copy of my own. 3 MR. CRICK: I want to take a two minute 3 Q- You indicated that you read a copy of that report at or 4 break. 4 about the time that it was written in 1985. Who 5 (Whereupon the Examination Before Trial recessed at 5 provided that copy to you? 6 10:20 a.m.) 6 A. That I read it in 1985? 7 (Whereupon the Examination Before Trial reconvened at 7 Q- That's what you testified earlier. 8 10:25 a.m.) 8 A. Okay. I don't know who provided that report. That was 9 (Whereupon the reporter read back the last question.) 9 a long time ago. I don't mow. 10 Q. Let me hand you Exhibit No. 3. Can you tell me what is 10 Q- Were you asked to lead that report by someone? 11 in this group of documents marked Exhibit 3? 11 A. No. I guess they just gave it to me to look at at that 12 MR. LEVINTHAL: Do you want him to 12 time. 13 identify it first, the file number? 14 Q. Just identify it for us. 13 Q- What did you do with your copy? 14 A. I did not keep a copy. 15 A. It's McCrone file me-1322. 15 Q Did you talk about that study with Mr. Salomon after 16 Q. And McCrone file me-1322 concerns McCrone's analysis ofl 16 the work was completed? 17 bulk sample material for Garlock in November of 1984; 17 A. No, I did not. 18 is that right? 19 MR. LEVINTHAL: Objection to form. 18 Q- Now, in 1985 when the McCrone testing was performed, 19 Garlock was still making asbestos containing gaskets, 20 Go ahead and answer it. 20 wasn't it? 21 A. Yes, it does. 21 A. Yes. 22 Q. And you just learned of that fact in the last few 22 Q- And in fact, the products that were tested were 23 months, that McCrone had actually done that work? 23 products that came from the stock that was intended for 24 A. In the last few months -- I was aware of McCrone prior 24 sale to the public? 25 to that, but of seeing the data and so forth on 25 A. Yes. Page 57 Page 60 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 McCrone, yes, it was just in the last -- recently. 3 Q- Let me ask a better question. 4 You just learned in the last few months that 2 Q- Now, at the time ot the tests, were you familiar, sir, 3 with what the current OSHA permissible exposure level 4 was for asbestos fibers? 5 McCrone did some 1984 work? 5 A. Yes, I was kept aware of what the exposure leveL was at 6 A. Yes. 6 the various years and as they changed over the years. 7 Q. Until the last few months, the only McCrone work that 8 you were familiar with for Garlock was the 1985 studies 7 Q And you were kept apprised of that because it was 8 important to know whether or not you were exposing 9 on the release of asbestos fibers from gasket material? 9 people to a level of asbestos that exceeded the 10 A. Yes. 10 permissible exposure level? 11 Q. With regard to Exhibit 3, do you know why Garlock asked 11 MR. LEVINTHAL: Objection to the form. 12 McCrone to do bulk sample analysis on that material? 12 I -- to the best of my knowledge, I was made aware of 13 A. No, I don't know the reason behind it. 13 it just through general meetings and not for any 14 Q. It's my understanding -- and you can tell me if I'm 14 specific purpose. 15 wrong -- that the material that was analyzed came from . 15 Q. Just in general conversation: like they would talk 16 a ship called "The gypsie"; is that correct? 16 about the sports or the weather, people at Garlock 17 A. Yes. 17 talked about the permissible exposure level of 18 Q. Do you know why Garlock was interested in having 18 asbestos; is that what you're saying? 19 samples analyzed from The GYPSIE? 19 MR. LEVINTHAL: Objection to the form. 20 A. No. I don't know what -- the real reason for that. 20 A. Yes. 21 Garlock has always analyzed products from the end user 21 Q. What was the permissible exposure level in 1985, sir? 22 to see how the gasket has functioned and see the 22 A. I don't remember exactly. I know there was more 23 condition of the gasket after use. 23 changes, but I don't recall. 24 Q. Did you see the gaskets that were sent to McCrone that 24 Q. What is the permissible exposure level today? 25 was part of this 1984 test? 25 A. .2 --.02 --.2. Page 55 - Page 60 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS n Condenselt!1 JANUARY 14, 1998 Page 61 Page 64 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 Q. IS It .2? 2 Q. And they stayed for about one week and studied the 3 A. Yeah, .1 or .2. 3 gaskets that you had provided to them, correct? 4 Q Do you know when it became .2? 4 MR. LEVTNTHAL: Objection to the form. 5 A No, I don't remember. 5 Go ahead. 6 Q- Do you know when it first became pronounced that 6 A Yes. 7 OSHA was going to reduce the permissible exposure 7 Q. Now, we know from the records that during that first 8 level to .27 S trip to Palmyra about 45 air samples were taken and you 9 A. No. I think it was the early 1900s, but I can't say 9 understand that those were -- those as a result were 10 for sure what year. 10 included in their ultimate report which you read? 11 Q- Now, from reviewing those files that are included in 12 Exhibit 3, we know that in February 1985 McCrone 11 12 MR. LEVTNTHAL: Objection to form. Go ahead. 13 submitted a Technical Proposal for Air Sample 13 A. T don't know how many samples offhand were taken. 14 Collection and the Analysis by Phase Contrast and 14 Q. But you do know that they recorded their work in that 15 Transmission Electron Microscopy. Do you see that 15 report from June of 1985? 16 document in those files? And I will show it to you. 16 A. Yes. 17 A. Yes. 17 Q. And we know that McCrone came back to Palmyra on or 18 Q- And that study was commissioned by Colt Industries 19 which was the parent of Garlock, correct? 18 about April 4th for another week of testing and 19 measuring asbestos levels from Garlock gaskets, 20 A Yes. 20 correct? 21 Q- Colt Industries was also at that time the parent of 22 Anchor Packing, correct? 21 22 MR. LEVTNTHAL: Object to the form. Go ahead. 23 A. Yes. 23 A. I'm only aware of the one time they came to Garlock to 24 Q- Anchor Packing also manufactured asbestos-containing 24 run the tests. 25 gaskets, correct? 25 Q. Okay. And you can look through those files that you Page 62 Page 65 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 A No, they did not manufacture them. 2 produced and it will reflect records of McCrone at 3 Q- What product did Anchor Packing manufacture? 3 Palmyra in April of '85 and maybe that will refresh 4 A They only purchased products like gasketing packings 4 your memory. S and turned around and sold it. 5 MR. LEVINTHAL: I will agree with you, 6 Q- So Anchor Packing sold asbestos-containing gaskets such 6 Steve, that the documents will speak for 7 as those manufactured by Garlock? 7 themselves and if they indicate mere were two 8 A Yes. 8 trips, then that's fine. 9 Q- Anchor Packing sold Garlock gaskets, correct? 10 A. In some cases. 9 (Whereupon there was a brief pause in the proceeding.) 10 A I don't see that one in this pile. 11 Q- And Anchor Packing simply rebranded Garlock gaskets to 11 Q. Can I see your file, please. 12 say Anchor; correct? 12 (Whereupon there was a brief pause in the proceeding.) 13 A I'm not sure what they did with -- as far as branding. 13 (WHEREUPON DEPOSITION EXHIBIT 4-A WAS 14 Q- In any event, in February 1985, McCrone submitted a 15 Technical Proposal to Colt Industries to perform air 14 MARKED FOR IDENTIFICATION.) 15 Q. Let me hand you Exhibit 4-A, which, I believe, is the 16 sample collection on Garlock gaskets; is that correct? 16 McCrone report of June 3, 1985. Is that the report we 17 A Yes. 17 have been discussing this morning? 18 Q- And you know that Colt Industries and Garlock accepted 18 A Yes. 19 that proposal and in fact retained McCrone to do that 19 Q. Is if you turn to the back at your own functional test 20 study, correct? 20 laboratory sheets, you will see that there are some 21 A Yes. 21 samples from March and some samples from April 1985. 22 Q. And we know from reviewing the records that on March 22 Do you see that? 23 3rd, 1985 Richard Hatfield from McCrone along with 23 A Yes. 24 Martin Bennett and Herman Kitt came to Palmyra for a 24 Q. Does that refresh your recollection that some samples 25 week to perform the first part of that test? 25 were taken in March and some samples were taken in Page 63 Page 66 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 MR. LEVINTHAL: Objection to the form. 2 April? 3 Steve, come on. You're reading a narrative. 3 A Yes. 4 This is not cross-examination. It's a 4 Q. And did you provide the gasket materials for both of 5 discovery deposition. You're reading a 6 narrative into the record and I object to 5 those visits? 6 A I supplied the gaskets material for one test. Whether 7 form. 7 the material was used on two tests, I do not know. 8 Go ahead. 8 Q. Okay. If you would turn to the fifth page of that 9 A Restate the question, please. 9 exhibit, up at the top it begins "Definition of the 10 Q. It's true,. isn't it,. sir,. that o< n March 3rd, 1985 11 Richard Hatfield, Marlin Bennett and Herman Kill from 10 Variables Studied"; do see that? 11 A Yes. 12 McCrone came to Palmyra to begin those tests? Down at the bottom on the section called "Removal" - 13 MR. LEVINTHAL: Objection to the form. Yes. 14 Go ahead 14 Q. -- it indicates that that part of the study involved 15 Q. If you need to look at the documents, that's fine 15 measuring the potential worker exposure during the 16 A You said March 1985? 16 process of removing asbestos gaskets that have been in 17 Q. March 3rd 1985. And I'll show you some documents that 17 use in an industrial situation to represent this 18 are included in your Exhibit 3 which are their time 18 potential exposure. "Garlock gaskets styles 900, 7021 19 slips. 19 and 604 were removed from steam and water lines on two 20 A Yes. 20 water chillers and from steam lines on a test stand. 21 Q. Does that refresh your recollection? 21 Activities included opening flanges, prying gaskets 22 A Yes. 22 from flanges, utilizing a putty knife and wire brushing 23 Q. And in March of 1985 those three gentleman came to 23 the flange surfaces." 24 Palmyra to begin the tests on Garlock gaskets? 24 Did you provide the gasket material for that 25 A Yes. 25 portion of the McCrone study? Midtown Reporting Service (716) 325-2130 Page 61 - Page 66 JANUARY 14, 1998 Condenselt! TM IN RE: MON MASS II Page 67 1 ROY WHITTAKER - BY MR. CRICK 2 A. The material that came from the chillers, I would not 3 have supplied that material. I don't know -- that came 4 through the Maintenance Department. 5 Q The report indicates that the gaskets were put on 6 flanges by persons at Garlock and subjected to steam 7 heat for a certain number of hours prior to the test. 8 Who would have participated in that work for Garlock? 9 A. You're looking at the functional test lab report? 10 Q. Yes. 11 A. That part -- which has nothing to do with the chillers, 12 that would have been done by the lab technician. 13 Q. That would have been Mr. Cirulli? 14 A. Yes. 15 Q. So you were not directly involved in that portion of 16 the McCrone study? 17 A. No. 18 Q. Your involvement concerned the new gasket material; 19 correct? 20 A. That's correct. 21 Q. Now, if you would look in the report or in the Exhibit 22 No. 4, you will see a March 13, 1985 letter - 23 A. March 13th. 24 Q. -- from Richard Watson at Garlock to Richard Hatfield 25 at McCrone. Page 70 ROY WHITTAKER - BY MR. CRICK Excuse me. Wait a minute. Wait a minute. I'm looking at the wrong thing. (Whereupon there was a brief pause in the proceeding.) A. Yes. These were just submittal. This letter just indicated that they were submitted for testing. Q- And would you look at the documents that are attached to that letter. Can I see that, please. (Whereupon there was a brief pause in the proceeding.) What is it that is attached to that March 13 letter, sir? That's the standard form that's used by the test lab to determine date, time run, torque, the steam that was applied to the test fixtures, the temperature, if there was any leakage rate and the number of hours run. Okay. And that's for the gaskets that were sent to McCrone with this March 13, 1985 letter? A. I would assume so because they were attached to the letter. mr. levinthal: Well, don't assume. Is there something on that that indicates that -- if Mr. Crick will let you take a look at that again. You're not here to assume. You're here to answer what you know and you don't know. Page 68 Page 71 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 MR. LEVINTHAL: That's it 2 Q. You're doing just fine. Can I see that? 3 (indicating). 3 MR. LEVINTHAL: Can I have that back, 4 A. Yes. 4 please? 5 Q Have you ever seen that letter before, sir? 6 A. Yes. 5 mr. CRICK: In a minute. 6 mr. levinthal: You're about to look at 7 Q When did you see that letter? 8 A. Recently. 7 something else. Let me take a look at that. 8 I'll give it right back. 9 Q Okay. It indicates that I will just read 10 it. "During the course of last week's visit to Palmyra 9 10 MR. CRICK: I'm not going to let you coach him. 11 by you ana your two field representatives, it was 11 mr. levinthal: I'm not going to coach 12 arranged that I would forward to your facility six sets 12 him. I just wanted to look at something. I 13 of test flanges containing a variety of Garlock 13 will take out my own copy. 14 asbestos-containing gaskets. The six sets of flanges 14 (WHEREUPON DEPOSITION EXHIBIT 4-B WAS 15 were forwarded today via UPS and I would anticipate 15 MARKED FOR IDENTIFICATION.) 16 that you will receive them early next week." 16 Q. We have marked as Exhibit 4-B the March 13, 1985 17 Are you familiar with this delivery of flanges to 17 letter. And again so we are clear, you didn't have any IS McCrone in the middle of March, 1985? is direct role in that project? 19 A. Yes. These were submitted to determine whether or not 19 A. No, I did not. 20 the gaskets were going to stick or not to the flanges. 20 (WHEREUPON DEPOSITION EXHIBIT 4-C WAS 21 Q. And did you submit those flanges to Mr. Hatfield? 21 MARKED FOR IDENTIFICATION.) 22 A. No, I did not. 22 MR LEVINTHAL: Now, 4-B, just SO I'm 23 Q. Wliu sent those? 23 clear, is just the letter or do you want - 24 A. I believe it must have been Richard Watson. 24 MR CRICK: It was all attached. 25 Q. Who selected the flanges to be sent to Mr. Hatfield? 25 mr. levinthal: Because they're not Page 69 Page 72 1 ROY WHil lAKJcK - BY MR CRICK 1 ROY WHITTAKER - BY MR CRICK 2 I have no idea who selected them. 2 stapled together: they are clipped together. 3 Do you know where the flanges came from? 3 So we'll leave them clipped together. There 4 No, I do not. 4 you go. 5 Do we need to ask Mr. Watson those questions? 5 Q. The samples that were sent to Mr. Hatfield on or about 6 I don't know. 6 March 13th, do you know where they came from? 7 Did you have any direct role in the study that's the 7 A. No, I do not. 8 subject of this March 13, 1985 letter? 8 Q. Okay. Let me hand you Exhibit 4-C, which is the 9 A. No, I did not. 9 analysis concerning those samples. Have you ever seen 10 Q. You understand that McCrone Environmental actually did 10 that document before? Can I sec that, sir. 11 the analysis that's the subject of this letter, don't 11 MR levinthal: Here, take a look at 12 you? 12 that. 13 mr LEVINTHAL: Wait. Objection. The 13 Now, I'm going to object to your 14 subject of --1 see. You're asking him if 14 testimony that this is the analysis concerning 15 they ever did the test -- the analysis that is 15 those samples. If you want to explore that 16 referred to in this letter; is what you're 16 through questioning him, that's fme, but I 17 asking him? 17 object to your simply testifying for the 18 MR CRICK: I will rephrase it and ask 18 record that that's what this document 4-C is. 19 a better question. 20 Q. You do know, don't you, Mr. Whittaker, that McCrone 21 Environmental did the work that was requested by K19 ereupon there was a brief pause in the proceeding.) 20 Q. ; you seen that document before, sir? 21 A. Yes, I have. 22 Mr. Watson in this March 13,1985 letter? 22 Q. When did you first see that document? 23 MR LEVINTHAL: Objection to the form. 23 A. Recently. 24 A. There is nothing indicated in this that they did the 24 Q. I don't see that document in any of this group of 25 testing. It was a request for them to do the testing. 25 documents. Did you bring a copy of that document with Page 67 - Page 72 Midtown Reporting Service (716) 325-2130 INR: MON MASS n Condenselt!1 JANUARY 14, 1998 Page 73 Page 76 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 you? 2 A No, I do not. 3 MR. LEVINTHAL: If there - wait a 3 Q. You see that the analysis of these samples include 4 second. Wait a second. I don't want any 4 samples with results over the current permissible 5 tricks here. The only documents that were in 5 exposure level, don't you? 6 Oarlock's position was what was produced to 6 MR. LEVINTHAL; Well, objection. 7 you today. 7 That's not the purpose for which he's been 8 Now, if you have produced this document 8 presented as an expert in that area, but 9 from some other source, you can let him know 9 having said that, go ahead. 10 that, okay, but if this document was not in 10 You can answer the question. 11 the group that was produced to you today, then 11 A. Over the current level? 12 it was not in Garlock's possession. 12 Q. Yes, sir. 13 Now, the record should reflect that 13 A. Yes. 14 there are documents spread out all over the 14 Q. Has Garlock ever provided these results to any of its 15 table in addition to documents that you have 15 buyers of gasket materials? 16 brought out from your briefcase earlier on and 16 A. I'm not aware of any. 17 if you are producing this from some other 17 Q. Has Garlock ever advised any of its buyers of gasket 18 source, I think you need to let him know IS materials that it had commissioned a testing lab to 19 that. 19 test whether or not its gaskets released asbestos 20 Q. Where did you see this document at first, sir? 20 fibers and those tests snowed results in excess of the 21 A. I don't recall where I saw it, but I have seen -- I'm 21 current permissible exposure level? 22 most certain I have seen this document because it 22 MR. LEVINTHAL; Objection to the form. 23 opines taking a flange out and removing the gaskets and 23 Go ahead and answer it, if you can. 24 wire brushing it at that time. 24 A. I'm not aware of any because, again, our gasket 25 Q. Okay. Did you see it in or about 1985? 25 materials are encapsulated and we feel they are safe Page 74 Page 77 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 I don't recall. I just told you I don't recall when I 2 for the end user. 3 saw this document. 4 Q. You do recall that Mr. Hatfield performed this work in 5 1985? 6 A. He performed work m 1985? 3 Q- I have to move to strike that answer. 4 If you could just answer the question that I asked 5 you, I would appreciate it. 6 mr crick; Could you read that 7 Q This work which is marked as 4-C, you do recall that he 8 performed that work in 1985? 7 8 question back, please. MR LEVINTHAL; In the first portion of 9 A. Mr. Hatfield's name doesn't appear on this anyplace. 9 that answer, I think he answered your 10 Q Well, using Mr Hatfield in the generic sense of 10 question. 11 McCrone Environmental. 11 Q. Your counsel is allowed to ask you questions later or 12 A I don't know whether he did or not because his name -- 12 at trial if he wants to, but for these purposes, if you 13 it does not appear on here. 13 would just answer the question that I ask without die 14 Q. I will rephrase the question. You do know that McCrone 14 narrative, I would appreciate it. 15 Environmental performed this analysis in 1985 at the 15 MR CRICK; Could you read that 16 request of Garlock? 16 question again, please. 17 A These tests were conducted in 1985. I don't know who 17 (Whereupon the reporter read back the last question.) 18 requested the tests. 18 A I will answer it this way: It would be outside of my 19 O. Okay. Can I see that please. 19 responsibility of anything T had to do at Garlock and 20 (Whereupon there was a brief pause in the proceeding.) 20 so I'm not aware ofany. 21 Q. This indicates that the date of the air sampling field 21 Q. You have never made such a disclosure to anyone outside 22 forms are from March 22 through March 25 of 1985, don't 22 of Garlock, have you? 23 they? Actually, March 19 through March 25 of 1985; is 23 A No, I have not. 24 that correct? 24 Q. If you were an end user of Garlock gasket materials, 25 A There's one in here that's February 26th, 1985. 25 would you like to know that the manufacturer had tested Page 75 Page 78 1 ROY WHITTAKER - BY MR CRICK 1 ROY WHITTAKER - BY MR CRICK 2 MR CRICK; Can I see Exhibit 3, 2 the release of those products and found results in 3 please? Can you hand me this stack -- I'm 3 excess of the permissible exposure level? 4 sorry, Exhibit 4. 4 MR LEVINTHAL: Objection to the form 5 (Whereupon there was a brief pause in the proceeding.) 5 and to the question. It's not what he's here 6 Q- The document dated February of '85, that was the job 6 for. 7 setup sheet, the last of the -- 7 Go ahead and answer it. 8 A. What date? 8 A. I -- if they had a reasonable amount of experience with 9 Q. You had made a reference to the February date. 9 the gasketing, whether cutting it, installing or 10 A Yeah. 10 removing such as like I have nad, then I would feel Is that the last sheet, the job setup sheet? 11 confident that I did not need that information. I guess it's called -- yeah, it's called a job setup 12 Q. You're not an expert in asbestos disease, are you? 13 sheet. 13 MR LEVINTHAL: Oh, come on, Steve. 14 Q. The actual air sampling field forms are all dated for 14 You asked him that about two hours ago. 15 the week of March 19, 1995? 15 Q. Your answer kind of implies that you have some kind of 16 A 19th and 25th, yes. 16 expertise in asbestos hazards. You don't have any 17 Q. And were you provided with the results of this test in 17 expertise in asbestos hazards, do you? 18 1985, sir? 18 A No. 19 A No, I was not. 19 Q. And outside of the McCrone studies, you don't even know 20 Q. Who received these results from Garlock? 20 of any studies on Garlock gaskets taken during the 21 A I do not know. 21 normal course of business for Garlock concerning the 22 Q. We would need to ask Mr. Watson that question? 22 release of asbestos fibers from Garlock gaskets, do 23 A I guess so. I don't know. 23 you? 24 Q. And today do you know why these results were not 24 MR LEVINTHAL: Objection to the form. 25 included in a formal written report by McCrone? 25 A No. Midtown Reporting Service (716) 325-2130 Page 73 - Page 78 JANUARY 14, 1998 Condenselt! rw IN RE: MON MASS II Page 79 Page 82 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 Q. And if those studies showed that these gaskets released 2 (Whereupon the reporter read back the last question.) 3 fibers in excess of the permissible exposure limits, 3 a Yes, some stuck slightly to the flange. 4 you don't think that's something that the buyer or user 4 Q. Some gaskets had to be removed with a wire brush, 5 of the gaskets should have? 5 correct? 6 A. Just about all results that I have seen have always 6 a Yes. 7 fallen within any allowable limits. 7 Q. Now, especially with regard to theType 604 gaskets, 8 Q. Sir, the only test that you know of that Garlock 8 there were difficulties in removing that product from 9 commissioned were the McCrone studies. Don't you think 9 the flanges, weren't there? 10 that the results of the McCrone studies -- all of them 10 A. Yes, there was some difficulties. 11 should be made available to the users of Garlock gasket 11 Q- In fact, if you look at Table rv, you will see that 12 materials? 12 there were three samples analyzed that concerned the 13 a. That would not be my decision to make, for them to be 13 Style 604 gasket. One was so full of dust that it 14 made aware of this type of information. 14 couldn't even be analyzed, correct; do you see the 15 Q. Whose responsibility is it at Garlock to decide what 15 samples marked "TH"? 16 buyers should and should not be allowed to see? 16 A. Yes. 17 MR. LEVINTHAL: Are you asking him 17 Q Down below you see "TH" means "too heavily loaded," SO 18 today or at any time or at some certain time? 18 there's no results there; correct? 19 Q. Well, say in 1985. 19 A. Well, what does "too heavily loaded" mean? 20 a I would say that that decision would be the Marketing 21 Manager, Vice President of Marketing. 20 Q- You don't know what "too heavily loaded" means? 21 A. To me, if you talk about the gasket being installed and 22 Q. So the person in charge of sales would decide whether 22 too heavily loaded, meaning the gasket was torqued and 23 or not buyers should be allowed to see test results on 23 placed too heavily. 24 the hazards of their products? 25 a. Well, I would say it would be his level or higher. 24 Q- As it relates to this report, you don't know what "too 25 heavily loaded" means? Page 80 Page 83 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 Q. Because that's an important decision to make, wouldn't 2 A No, I do not. 3 you agree? 4 A Yes. 3 Q- And the next samples concerning the 604 gasket shows 4 results of .24 fibers per cc? 5 Q. And to your knowledge today, Garlock never disclosed 5 A. Yes. 6 these McCrone studies to anyone outside of Garlock, did 6 Q- And that's over the current permissible exposure level, 7 they? 7 isn't it? 8 MR. LEVINTHAL: Objection. Which 8 A. As you said, current, but not 1985. $> McCrone studies are you talking about? 9 Q- Mr. Whittaker, you nave been active in defense of 10 MR. CRICK: We'll get to that in a 10 Garlock personal injury suits since as early as 1987; 11 second. n is that correct? 12 MR. LEVINTHAL: You know full well that 12 A Yes. 13 at least in the course of litigation that 14 there were -- 13 Q- And in 1987 you gave your first deposition in an 14 asbestos personal injury case; is that correct? 15 MR. CRICK: Don't coach. 15 A Yes. 16 MR. LEVINTHAL: I am not coaching. 16 Q- And it was about that time that you began reviewing 17 MR. crick: You are coaching. 17 Garlock interrogatory answers provided in asbestos 18 MR I FVTNTHAL: I'm not coaching IS cases, correct? 19 because you know full well that these results 19 A Yes. 20 were disclosed in the course of litigation. 20 Q. And you know that in 1987 when you became involved in 21 Now, if you want to specify -- which 21 the litigation, that Garlock filed interrogatory 22 tests are you talking about; the phantom tests 22 answers asking it to identify all fiber release tests, 23 you folks have been chasing or are you talking 23 don't you? 24 about the tests that have been disseminated? 24 A I don't recall. I would have to look at the 25 Q. Sir, outside of lawsuits, Garlock has not disclosed the 25 interrogatories again. Page 81 Page 84 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 Garlock studies to anyone, have they? 2 Q. You have reviewed Garlock interrogatory answers as 3 A Not to my knowledge. 3 early as 1987,1 believe you just stated? 4 Q. And to your knowledge, the report that's marked as 4 A Yes. 5 Exhibit 4-C has never been disclosed to anyone period 5 Q. And you know that interrogatories are another form of 6 by Garlock? 6 sworn testimony that's to be provided to litigants in 7 MR. LEVINTHAL: Objection. 7 the case; correct? 8 Q. Is that correct? 8 A. Yes. 9 MR. LEVINTHAL: Objection to the 9 Q. And I'm looking at a set of interrogatories from a case 10 characterization of 4-C as a report. 10 captioned Edward Etter versus Garlock, Inc. served June 11 Go ahead and answer the question. 11 4, 1987. These interrogatories were signed and sworn 12 A I can't answer that. I'm not aware of who would make 12 to by a Donald O'Keefe. Do you know Mr. O'Keefe? 13 that decision to disclose that information. 13 A. No, I do not. 14 Q. With regard to the gaskets that were studied and 14 Q. The answers indicate that he's the Assistant Secretary 15 written up in the June 3, 1985 report which we have 15 for Garlock, Inc. You don't know that gentleman? 16 marked as Exhibit 4-A, you know that Garlock persons 16 A No, I do not. 17 removed gaskets from flanges and were monitored, 17 Q. The response to Interrogatory No. 34 of that set asked 18 correct? 18 whether or not Garlock has ever had any of its gaskets 19 A Again, I was not part of the test, but part of the 19 studied to determine the release of asbestos fibers 20 technician's instructions were to install and remove 20 from those materials. And I will show that to you and 21 the gasket materials when requested. 21 I want to ask you, sir, do these interrogatories filed 22 Q. Ana some gaskets removed easily and some were difficult 22 in 1987 identify the McCrone studies? 23 to remove; correct? 23 (Whereupon there was a brief pause in the proceeding.) 24 A In this report, I don't - 24 Q. Here's the question: Here's the Answer, does the 25 (Whereupon there was a brief pause in the proceeding.) 25 answer to Interrogatory No. 34, sir, disclose the Page 79 - Page 84 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS D Condenselt! JANUARY 14, 1998 Page 85 Page 88 1 ROY WHITTAKER - BY MR- CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 McCrone studies? 2 Q. Mr. Whittaker, you have given a lot of testimony today 3 A. I do not see the word McCrone. 3 about your role in the McCrone studies. You know that 4 Q Anywhere in Interrogatory 34, do you? 4 that's completely die opposite of what you have 5 A. Not that I saw so far. 5 testified to in the past, isn't it? 6 Q 6 MR. LEVINTHAL: Objection. Objection. 7 7 If you want to show him a transcript where he 8 subsidiaries ever conducted or caused to be conducted 8 has been asked questions about his role in the 9 any tests on any of their or anyone else's 9 McCrone studies and he's given answers to the 10 asbestos-containing products to determine potential or 10 contrary to what he's given here today, then 11 likely asbestos exposure levels during conditions of 11 you go ahead and you do that. 12 intended use of the product." 12 Q. Prior to today, sir, you disavowed any knowledge of 13 Look at Interrogatory Answer 42 and Garlock's 13 this McCrone study, didn't you? 14 answer and, sir, please tell me, is the McCrone report 14 MR. levinthaL: Objection. Unless you 15 listed in that answer? 15 want to show him specifically where he - 16 A. No. 16 MR. CRICK: He can answer the 17 Q. And do you see at the back of these answers that 17 question. 18 Mr. O'Keefe swore to the truth of those answers? 18 A. At the time of the depositions, I was not aware of the 19 A. Yes. 19 McCrone studies. 20 Q. And those answers were false, weren't they? 20 Q. Sir, you have testified all day that you were involved 21 MR. LEVINTHAL: Objection. 21 in the McCrone studies, that you supplied the material 22 A. I can't say whether they are false or not. 22 for the McCrone studies, that you read the 1985 report 23 Q. It doesn't list the McCrone study, does it? 23 when it was drafted. Are youchanging all those 24 A. No. 24 answers? 25 MR. levinthaL: Objection. He's not a 25 A. No, I'm not changing my answers. I'm so saying I Page 86 Page 89 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 legal expert and he's not here to testify as 2 supplied material period, supplied the lab period, 3 to what responsibility there is in including 3 supplied a person period, but I was not involved in the 4 or not including informationin interrogatory 4 studies. 5 answers. 5 Q. But you read the report in 1985, the June 3rd, 1985 6 y. You know the difference between true and false, don't 6 report. You read it in 1985, didn't you? 7 you? 7 A. I don't recall that I read it in 1985. I saw that one 8 MR. LEVINTHAL: Objection. 8 sheet in 1985. That wasn't part of a report. 9 A. Yes. I (1 Q Now if Garlock swore that those were the only tests 9 Q- And you know that McCrone came to your plant in 1985 10 specifically to do tests on Garlock gaskets; correct? II that nad been performed on Garlock gaskets and didn't 11 A. I was not -- a test on gaskets, but I was not given any 12 include the McCrone study, that answer would be false, 12 details for the purpose of the test. 13 wouldn't it? 13 Q. You have already testified today that you saw the 14 MR. levinthaL: Objection. You know 14 report marked 4-B and you read it at about that time. 15 full well, Mr. Crick, that there are certain 15 Are you changing your answer now? 16 requirements in disclosing information in 16 MR. LEVINTHAL: I'm going to object to 17 interrogatory answers when things are done for 17 your mischaracterization of the testimony. 18 purposes oflitigation. 18 Today's record will speak for itself, but I 19 MR. CRICK: I see, 19 don't believe he testified he read the 20 Q. Do you see any objection in this response, sir, or any 20 report. He testified he read a sheet which 21 disclosure that there's any sort of work product thafs 21 you had shown him. 22 being excluded from that answer? 22 Q. Sir - 23 (Whereupon there was a brief pause in the proceeding.) 23 A. That's true. I testified today to that one sheet. 24 A. No. 24 Q. Which sheet? 25 Q. So the question asks what tests have been performed and 25 A. Well, I have got to find it now. Page 87 Page 90 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 the answer purports to report all of the tests that 2 Q. Let me ask you point blank again, when did you see 3 have been performed on Garlock gaskets, doesn't it? 3 this -- 4 MR. LEVINTHAL: Objection. Objection 4 A. This - 5 to the form. And I make the same objection 5 Q. -- the 1985 June 3rd report written by McCrone? 6 with respect to knowledge of legal issues. 6 A. I believe that one here -- if you're referring to 1985, 7 A. I do not see anything. 7 this one here was recent (indicating). This one here, 8 Q. You brought with you two depositions that were given by 8 I believe I have seen sometime past (indicating). 9 you in other cases; one from the abate case that you 9 MR. LEVINTHAL: All right. And I'm 10 gave in 1993, another one from the Judy case that you io going to ask that the reporter, if she's able 11 gave in 1991. Did you review those depositions before n to go bock to that question I'm sorry if 12 you came here today? 12 that's an unreasonable request, but I need to 13 A. Yes. They were given to me just as a general -- to 13 make sure that this record is clean. 14 refresh my memory. 14 MR. CRICK: I don't have any idea what 15 Q- Did you review any other deposition transcripts? 16 A. Just prior to today, no. 15 you just said. You're testifying 16 MR. levinthaL: I'm talking about going 17 Q- You were under oath when you gave these depositions, 18 weren't you? 17 18 back to the original time in the deposition that you asked nim that question. That's what 19 A. Yes. 19 I'm talking about. 20 Q- You're under oath today. You understand what that oath 20 21 means, don't you? 21 (Whereupon an off-the-record discussion was held.) MR. LEVINTHAL: If that's an 22 A. Yes. 22 unreasonable request then I won't insist that 23 Q- You have given other depositions in which you were 24 under oath; correct? 23 24 you do that. When tne transcript comes back, it will probably be a lot easier for us to 25 A. Yes. 25 find it earlier on in the transcript and we Midtown Reporting Service (716) 325-2130 Page 85 - Page 90 JANUARY 14, 1998 Condenselt!I1M IN RE: MON MASS II 1 ROY WHITTAKER - BY MR CRICK Page 91 1 ROY WHITTAKER - BY MR. CRICK Page 94 2 can deal with it at that time. 2 McDonald case? 3 Q- There's no dispute, though, that you indicated earlier 4 that you read that at about the time that that report 3 A. I might have been aware of it at the time, but I'm not 4 aware of it now. I forgot. 5 was written, that June of '85 one? 5 Q. And you should know that, don't you, or did Mr. Mahoney 6 MR LEVINTHAL: No, I object. Hejust 6 tell you that the McCrone study specifically came up 7 told you that he didn't. 7 during that trial just four months earlier; did he tell 8 Q. You read this one, the March of '85 report? 8 you that? 9 A. I saw this, because I recognized this particular sheet 9 A. I don't recall that. 10 from sometime past. 10 Q. And when you sat there and gave that testimony in 11 Q. Around 1985? 11 December of 1994 with Mr. Mahoney sitting right beside 12 A. Probably around 1985. 12 you, did he tell you "Don't forget, the McCrone study"? 13 Q. Okay. 13 MR. levinthal: Objection. 14 A. Where I saw it and so forth, I don't recall. 14 A. I don't recall that. . 15 Q. What you're looking at is the document out of 4-C 15 Q. He let you sit there and give false testimony; isn't 16 called "Air Sampling Field Form, Sample 1-047" which 16 that right? 17 shows a fiber concentration of .45 fibers per cc? 17 MR. levinthal: Objection. 18 A. Yes. 18 Don't answer that. 19 Q. Do you recall giving a deposition, sir, in a case 19 And I object to any conversation 20 called Gwenda McDonald versus Union Pacific Railroad in 20 between Mr. Whittaker as Garlock's corporate 21 December 1994? 21 designee and his counsel. 22 A. Yes. 22 Q. He didn't correct your testimony, did he? 23 Q. That was a case that was down in Cameron County, Texas; 23 MR. LEVINTHAL: Objection. That report 24 do you remember that? 24 will speak for itself. 25 A. Yes. 25 Q. Did he? Page 92 Page 95 1 ROY WHITTAKER - BY MR CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 Q- You had a lengthy deposition in that case and you were 3 asked this on page 48: 2 I don't know whether he did or not. 3 You didn't correct your testimony, did you? 4 "In 1994, sir, other than testing done by Dr. 4 No. 5 Mangold or at Dr. Mangold's direction, do you recall 5 You didn't serve a correction sheet later saying "I 6 having seen any other test results dealing with 6 forgot to mention the McCrone study," didfyou? 7 asbestos fiber release of Garlock products?" 7 I don't have the opportunity every time to have that 8 Answer: No." 9 Do you recall giving; that sworn testimony in 1994? 10 A Yes, but all the reports 1 have seen at Garlock over 8 correction sheet. 9 Q- Well, you gave another deposition in 1996, just last 10 year, in the case of Richard B. Jackson versus It the years for testing and so forth, it's very easy to 11 Owens-Coming Fiberglas Corp. in Harris County, Texas; 12 forget one little simple test like this. 12 do you remember that? 13 Q. Ana you were askea again at page 73: 13 A. Yes. 14 Question, "Other than the items that we have 14 Q. You were asked about fiber release tests again there, 15 enumerated now two or three times, the Mangold 15 weren't you? 16 documents, the Mangold videotapes and what might be 16 A. Probably. 17 contained in the catalogues, have you ever seen any 17 Q. Do you remember this question: 18 written communication, whether it he a memoranda, test 18 "And as you sit here today, are you aware right 19 results, any type of written communication which seeks 19 up to the present time of any testing that die Garlock 20 to measure, quantify or describe the asbestos fiber 20 Corporation had done either in-house or by outside 21 released, if any, during the application or removal of 21 sources of any of the dry asbestos products and 22 an asbestos-containing product manufactured or sold by 22 materials of the Garlock Corporation? 23 Garlock? 23 Answer: Garlock has contracted an individual like 24 Answer: No. 24 Carl Mangold to do that testing and it was outside of 25 Question: Okay. To your knowledge, have any such 25 my responsibility to -- I'm not familiar with what Page 93 Page 96 1 ROY WHITTAKER - BY MR CRICK ROY WHITTAKER - BY MR CRICK 2 documents ever existed that you might have been aware tests have taken place." 3 of? Do you remember giving that testimony, sir? 4 Answer: No. I have not been made aware of that." MR levinthal: I'm going to object to 5 Do you recall giving that testimony in December of that because you're talking about different 6 1994? products than are at issue here. 7 A Yes. Do you remember that testimony, sir? 8 Q. You were represented in that deposition by an attorney Yes. I do. 9 named William Mahoney; is that right? 9 Q. And that attorney was asking you to describe any tests 10 A. Yes 10 that Garlock has performed on its products and you 11 Q. Mr. Mahoney is with the law firm called Segal, 11 didn't mention die McCrone study, did you? 12 McCambridge, Singer & Mahoney; is that correct? 12 mr levinthal: No, I object to the 13 A Yes, in Chicago. 13 characterization as to any tests that were 14 Q. You are aware, aren't you, that just four months prior 14 performed on dry asbestos products. That is 15 to that deposition in August of '94, Garlock was 15 not what McCrone tested. 16 involved in anasbestos property damage trial in 16 Q. You didn't identify the McCrone test, though, did you? n Detroit, Michigan; are you aware of that? 17 A. No, I did not. 18 A No. I am not aware of that one. 18 Q. In fact, in your 1994 deposition, sir, you have changed 19 Q. You didn't know that Garlock was a defendant in a trial 19 your testimony there concerning fiber release testing? 20 in Michigan in 1994? 20 MR levinthal: Objection to the form. 21 A I'm not aware of all these trials that are relating to 21 Q. Do you remember that? 22 Garlock. 22 A. I don't; the details. 23 Q. You didn't know that Mr. Mahoney's partner Ed 23 Q. Apparently you testified in 1987 that you recalled 24 McCambridge represented Garlock in a property damage 24 tests. Do you remember giving that testimony in 1987? 25 trial just four months prior to your deposition in the 25 A. Yes, I do, and at a time later, I corrected that. Page 91 - Page 96 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS n Condenselt! TM JANUARY 14, 1998 Page 97 1 ROY WHITTAKER - BY MR. CRICK 2 Q. Because you decided that there were no tests? 3 MR. levinthal: Objection. Ask him 4 why. I object to the form in which you're 5 asking it. 6 Q. I'm going to read you from page 242 of the McDonald 7 deposition. 8 Question, by Mr. Morrison, who is reading from 9 page 63 of your deposition in the Sheltus case, to Question: "Do you recall being asked" reads 11 Mr. Momson, Question: During any of the years that 12 you have been employed by Ganock, do you know if its 13 laboratories have performed any tests to determine 14 whether or not asbestos fibersare liberated when 15 compressed asbestos sheets are cut? 16 Answer: Garlock laboratories did not take that 17 test. It would be a test conducted by ourHealth and 18 Safety Department. 19 Question: In the McDonald case? 20 Right, but I did not say any tests had been 21 conducted" -- excuse me. This is your answer to that 22 question. Answer: "Right, but I did not say any tests 23 had been conducted. I said it would have been if they 24 were conducted. 25 Question: Okay. And Safety and Health was Page 100 ROY WHITTAKER - BY MR. LEVINTHAL MR. CRICK: I object to the form of the question. That's sort of a distinction without a difference. You can answer it. The legal counsel was part of that commission. Okay. And do you know whether or not the McCrone studies were commissioned in 1985 for the purpose of the asbestos litigation? No, I do not know that. No. Okay. Do you know one way or the other whether they were? They were commissioned to gain knowledge for fiber release on the product in application. MR. levinthal: I nave nothing more. MR. CRICK: I have two more. EXAMINATION BY MR. CRICK: Mr. Whittaker, if it's true that the McCrone studies were commissioned for asbestos litigation then doesn't that mean that as of today Garlock has never commissioned a testing laboratory to determine whether or not its gaskets release asbestos fibers when used? MR. LEVINTHAL: Well, objection to the form. Go ahead. Page 98 Page 101 1 ROY WHITTAKER - BY MR. CRICK 1 ROY WHITTAKER - BY MR. CRICK 2 separate from the functional lab? 2 A. I'm not aware of any other studies. 3 Answer: Yes. 3 Q. I have one last thing I need to show you. 4 Question: And is it your testimony here today 4 (Whereupon an off-the-record discussion was held.) 5 that Safety and Health aid not perform any such fiber 5 (WHEREUPON DEPOSITION EXHIBIT 7 WAS 6 release tests? b MARKED FUR IDENTIFICATION.) 7 Answer: Not to the best of my knowledge. 7 Q. Let me show you Exhibit No. 7 which is a document 8 Question: Do you know if your knowledge would 8 called Garlock Mechanical Packing, and it's signed down 9 have gotten any better or worse from 1987 to the 9 at the bottom by R.E. Manning dated 5/14/84. Do you 10 present? 10 know what this is? 11 Answer: No. 11 A. It appears to be some tests that were conducted in 12 Question: Do you recall being asked in the 12 various locations in the plant on asbestos products and 13 Sheltus deposition under oath "Question: All right, 13 on Gylon products. 14 sir, on page 63 do you know if the Safety and Health 14 Q. Have you seen this document before today? 15 Department ever conducted that particular type of test" 15 A Just recently. 16 and you answered'yes'." 16 Q. In the last lew weeks? 17 Answer: I answered yes? 17 A Yes. 18 Yes. 19 Answer: I found out later no, that I didn't." 18 Q You didn't see it in 1984 when it was written? 19 A No, I did not. 20 You didn't mention the McCrone studies at that 21 time, did you? 20 Q Who is Mr. Manning? 21 A. I don't remember. 22 A No, I did not. 22 Q He was a Garlock employee? 23 Q. Until today, you have never testified about the McCrone 23 A No, I don't think he was a Garlock employee. He might 24 studies, have you? 24 have been a -- I don't know. I don't recall the name. 25 A. No. 25 Q. Exhibit No. 6 and Exhibit No. 5, can you tell us what Page 99 Page 102 1 ROY WHITTAKER - BY MR. CRICK 2 Q- You have been given repeated opportunities at 3 depositions to describe tests that have been performed 1 ROY WHITTAKER - BY MR. CRICK 2 those files are, sir? 3 Exhibit No. 5 is titled "McCrone Anchor Packing Studies 4 by Garlock on its gaskets, haven't you? 4 ME No. 2970." Exhibit No. 6 is titled "McCrone File 5 Yes. 5 ME-5583." 6 And the primary tests that you have disclosed at 7 deposition have been those of Dr. Mangold; correct? 6 Q- So apparently Colt was satisfied enough with McCrone's 7 work that it hired McCrone again in 1986 and again in 8 Yes. 8 1988 to perform additional work, correct? 9 Which you have already disclosed to us today were 9 MR. LEVINTHAL: Wait, wait, wait, wait, 10 jjerformed at the request of the lawyers; correct? 10 wait. Objection to the form. And let him 11 A 11 look through that because that's not correct 12 Q. The tests that were commissioned by Garlock itself, the 12 We can go off the record if you want. 13 McCrone tests, you have never disclosed prior to today, 13 (Whereupon an off-the-record discussion was held.) 14 have you? 14 (Whereupon there was a brief pause in the proceeding.) 15 A No. 16 MR. CRICK: I don't have any other 15 A Ask the question again. 16 Q. It appears from Exhibits 5 and Exhibit 6 that Colt, the 17 questions. 17 parent of Garlock and Anchor, was satisfied enough with 18 MR. LEVINTHAL: Just one question. 18 the work that it retained McCrone again in subsequent 19 EXAMINATION BY MR. LEVINTHAL: 19 years to do additional tests and to provide additional 20 A Mr. Whittaker, the last question you were just asked, 20 consultation; is that correct? 21 Mr. Crick characterized the McCrone studies as having 21 MR. LEVINTHAL: Objection to the form. 22 been commissioned by Garlock itself. Do you know if 22 A. There were additional tests run on Anchor Packing 23 the McCrone studies m '85 were commissioned by Garlockl 23 material, yes. Additional tests were run. 24 itself or if Garlock legal counsel was also involved in 24 MR. CRICK: I don't have any other 25 the commission of those studies? 25 questions. Midtown Reporting Service (716) 325-2130 Page 97 - Page 102 JANUARY 14, 1998 Condenselt! M Page 103 1 ROY WHITTAKER - BY MR. CRICK 2 (Whereupon an off-the-record discussion was held.) 3 (Whereupon the Examination Before Trial adjourned at 4 11:52 a.m.) 5 *** 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 104 1 2 WITNESS CERTIFICATION 3 4 I, roy L. WHITTAKER, do hereby certify that I 5 have read the transcript of my testimony taken under oath on 6 January 14, 1998; that the transcript is a true, complete, 7 and correct record of what was asked, answered, and said 8 during the Deposition; and that the answers on the record as 9 given oy me are true and correct, except for anything duly 10 noted on the attached errata sheet. 11 12 13 14 ROY L. WHITTAKER 15 16 Subscribed and sworn to before me 17 this dsyof 18 19 20 21 NOTARY PUBLIC 22 23 My commission expires: 24 25 IN RE: MON MASS II Page 105 1 2 3, SCTOAUTNETOYFONFEMWONYORSORTEKENOGR))APHER'S CERTIFICATION 4 5 I, Deborah a bonalle being a Certified Shorthand 6 Reporter in the County of Monroe, State of New York, do 7 hereby certify that I reported in Stenotype Shorthand the 8 Deposition of roy l. whittaker, held on January 14, 1998, in 9 the matter of mon mass e that the witness was duly sworn; 10 and that the foregoing pages numbered 1 through 105 were 11 typed under my direction and control, and constitute a true, 12 accurate, and correct record of those Stenotype Shorthand 13 notes. 14 I further certify that I am neither attorney or 15 counsel for any of the parties, nor a relative or employee of 16 any attorney or counsel connected with the action, nor 17 financially interested in the outcome of the action. 18 19 20 DEBORAH A BONALLE CSR 21 22 Dated at Rochester, New York 23 this 15th day of January, 1998 24. 25 Page 103 - Page 105 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS H Condenselt! TV '40s [i] 26:3 '50s w 29:9 29:18 30:5 '60s [5] 17:21 29:11 29:18 '66 [i] 35:8 '70s p] 17:21 '80s [ij 22:12 '84 [i] 51:4 '85 [5] 65:3 91:5 91:8 *86 [3i 10:17 10:19 '94 [i] 93:15 'yes' in 98:16 29:11 29:9 30:6 22:12 75:6 99:23 10:18 .02 [ij -1 EH .2 [6] 61:2 61:8 .24 [i] .45 [i] 60:25 61:3 60:25 61:3 83:4 91:17 60:25 61:4 -1- 1 PI 105:10 10 [3] 18:4 2:13 17:7 8:8 17:12 100-102 m 2:6 101 m 2:23 105 m 105:10 10:20 m 56:6 10:25 m 56:8 lllm 1:17 11:52m 103:4 12 [4] 1:22 17:12 18:4 17:7 13 [] 67:22 69:8 69:22 70:10 70:17 71:16 13th pi 67:23 72:6 14 [4] 1:7 7:3 104:6 105:8 14424 m 9:5 14th m 7:15 15th[2] 1:17 7:16 105:23 17th ci] 1:17 1897 [2] 16:7 18th [ij 7:7 19 [2] 74:23 190 m 9:4 1900s pi 61:9 19102 m 1940s pi 24:11 16:9 75:15 20:11 1:18 24:8 1950sm 25:23 26:12 26:21 1953 [4] 11:11 16:5 16:15 17:18 1970sm 16:21 1977 [5] 18:14 19:23 20:21 24:2 24:5 1980s [i] 32:15 1984 [6] 51:15 56:17 57:5 101:18 1985 [62j 2:17 5:18 33:7 36:16 38:18 38:19 45:13 45:16 57:8 58:14 58:25 59:4 59:18 60:21 62:14 62:23 63:16 63:17 64:15 65:16 67:22 68:18 69:22 70:17 73:25 74:5 74:8 74:15 74:22 74:23 75:18 79:19 83:8 88:22 89:5 89:6 89:8 89:9 90:6 91:11 100:8 51:22 57:25 2:16 18:5 37:23 38:23 45:19 58:15 59:6 61:12 63:10 63:23 65:21 69:8 71:16 74:6 74:17 74:25 81:15 89:5 89:7 90:5 91:12 1986 [2] 11:2 102:7 1987 [9] 83:10 83:20 84:3 84:22 96:23 98:9 83:13 84:11 96:24 1988[1] 102:8 1991 tri87-il 1993 [l] 87:10 1994 [7] 91:21 92:4 92:9 93:6 93:20 94.11 96.18 1995 [4] 7:3 7:7 7:16 75:15 1996 [2] 11:9 95:9 1998 m 1:7 104:6 105:8 105:23 19th[i] 75:16 -2- 2 [4] 2:14 52:6 52:7 22 [l] 74:22 221 [l] 1:12 242 m 97:6 25 [2] 74.22 2562 [2] 2:14 25th [l] 75:16 26th [i] 74:25 2970 [2] 2:21 31:14 74.23 52:7 102:4 -3- 3 [10] 56:10 61:12 75:2 34 m 85:4 3rd [5] 63:17 2:15 56:11 63:18 81:15 84:17 62:23 89:5 2:17 57:11 65:16 84:25 63:10 90:5 -4- 4 [51 2:16 67:22 75:4 4-Am 2:17 65:15 81:16 4-B [5] 2:18 71:16 71:22 4-C [8] 2:20 72:8 72:18 81:5 81:10 40-plus [i] 400 [i] 1:12 42 m 85:6 43 m 11:13 44 m 1:6 45 [i] 64:8 48 m 92:3 4th [i] 64:18 58:11 84:11 65:13 71:14 89:14 71:20 74:7 91:15 32:5 85:13 -5- 5 [4] 2:21 102:3 102:16 5/14/84 m 101:25 101:9 -6- 6(5] 2:22 101-25 102-4 604 m 66:19 82:13 83:3 62226 [ij 63 m 97:9 64051m 65 [i] 2:17 8:8 102-16 82:7 1:22 98:14 1:13 -7- 7 [3] 2:23 101:7 7021 m 66:18 71 [2] 2:19 73 m 92:13 101:5 2:20 -8- 8 [6] .2:15 2:22 2:13 2:16 8-99 [i] 2:4 2:14 2:21 -9- 9 [i] 1:8 900 p] 32:22 66:18 Midtown Reporting Service (716) 325-2130 99-100 [i] 2:5 -A- a.m[4] 1:8 56:6 56:8 103:4 A.W [i] 1:21 ABATE [i] 87:9 able [5] 22:17 27:7 27:15 47:21 90:10 absolutely m 39:21 accepted [2] 47:15 62:18 according m 4:15 accurate m 105:12 acknowledge [1] 35:22 acquired m 14:22 action [3] 10:20 105:16 105:17 active m 83:9 Activities m 66:21 actual [i] 75:14 addition [3] 5:14 22:24 73:15 additional [$] 102:8 102:19 102:19 102:22 102:23 address m 9:2 adjourned [i] 103:3 admit m 35:5 advised m 76:17 again [22] 13:16 18:2 18:9 18:23 23:8 26:5 32:16 44:19 45:21 70:23 71:17 76:24 77:16 81:19 83:23 90:2 92:13 95:14 102:7 102:7 102:15 102:18 against m 27:22 28:2 28:15 32:3 ago [18] 7:23 10:14 10:15 14:21 15:25 17:8 17:12 33:17 48:16 55:13 55:23 78:14 8:14 14:5 16:24 18:4 51:24 59:9 agree [2] 65:5 80:3 ahead [29] 23:13 25:18 29:23 34:20 37:25 38:8 47:9 47:19 50:24 51:7 54:4 56:20 63:14 64:5 64:22 76:9 78:7 81:11 100:25 23:4 27:14 37:7 46:22 48:2 53:12 63:8 64:12 76:23 88:11 air pi] 44:3 61:13 74:21 2:20 45:15 62:15 75:14 43:13 50:4 64:8 91:16 '40s - appear JANUARY 14, 1998 allegation [i] 28:16 allegations [i] 8:4 allege [ij 28:2 allow [3] 36:20 37:4 51:17 allowable [ij 79:7 allowed [3] 77. ll 79:16 79:23 along p] 62:23 23:17 alternative [i] 23:19 always PI 57:21 79:6 11:19 American m 12:5 among i[il amount m 8:17 78:8 analysis [12] 51:4 56:16 58:6 61:14 69:15 72:9 74:15 76:3 2:20 57:12 69:11 72:14 analyzed rn 57:19 57:21 82:14 57:15 82:12 Anchor [is] 2:21 4:9 19:13 61:22 62:3 62:6 62:11 62:12 102:17 102:22 1:16 7:12 61:24 62:9 102:3 answer [63] 21:13 22:7 27:7 27:14 30:23 36:20 37:5 37:8 38:8 40:19 46:22 47:9 48:2 50:24 51:17 51:18 54:4 56:20 76:10 76:23 77:4 77:9 77:18 78-7 81:11 81:12 84:25 85:13 85:15 86:12 87:2 88:16 92:8 92:24 94:18 95:23 97:21 97:22 98:7 98:11 98:19 100:5 7:22 23:4 27:16 37:4 37:25 45:21 47:19 51:7 53:12 70:24 77:3 77:13 78-15 84:24 85:14 86:22 89:15 93:4 97:16 98:3 98:17 answered [5] 25:3 77:9 98:16 98:17 104:7 answers [i3] 83:22 84:2 85:17 85:18 86:5 86:17 88:24 88:25 83:17 84:14 85:20 88:9 104:8 anticipate m 68:15 anyplace [2] 74:9 48:22 appear [5] 9:12 39:5 74:13 7:23 74:9 Index Page 1 APPEARANCES - commissioned JANUARY 14, 1998 APPEARANCES [i] 1:11 Appearing pi 1:12 1:16 1:21 application [4] 8:11 8:20 92:21 100:14 applied [ii 70:14 appreciate pi 77:5 77:14 apprised pi 60:7 appropriate [i] 35:11 April [4] 64.18 65:3 65:21 66:2 area [4] 22:22 44:14 45:5 76:8 argue p] 54:5 37:8 argumentative [i] 36:22 Arkansas pi 13:15 13:17 arranged m 68:12 arrived p] 17:18 asbestos riosi 13:24 14:2 14:17 15:13 15:22 15:25 16:6 16:23 18:7 20:7 13:22 14:6 15:18 16:2 18:3 20:13 21:4 21:17 21:24 22:5 22:25 23:14 23:23 24:8 26:23 28:16 31:4 31:15 21:7 21:20 21:25 22:8 23:9 23:19 23:25 26:9 27:21 30:17 31:7 32:9 21:11 21:22 22:4 22:21 23:11 23:21 24:4 26:22 28:3 30:21 31:12 32:15 asks [2] 85:6 86:25 assigned pj 55:18 Assistant [i] 84:14 association p] 24:10 assume pi 70:18 70:20 70:23 assumed m 35:19 assuming [ij 25:2 assured [ij 48:7 ATI [7i 24:16 25:6 25:9 26:18 27:2 attached m 2:20 70:7 70:18 71:24 24:23 25:25 2:19 70:10 104:10 attempts m 36:4 attended pi 26:21 attention pi 24:2 28:11 attorney [4] 93:8 96:9 105:14 105:16 attorneys p] 3:3 August pi 7:3 7:7 7:15 93:15 Australia pj 12:22 available pj 32:22 38:22 46.11 56.2 79:11 23:18 38:22 56.2 aware [33] 24:12 24:14 24:20 26:6 33:6 45:9 50:20 51:9 56:24 60:5 64-23 76-16 77:20 79:14 88:18 93:2 93:14 93:17 93:21 94:3 95:18 101:2 24:4 24:17 33:3 45:10 51:10 60:12 76-24 81:12 93:4 93:18 94:4 away p] 30:8 33:5 36:13 36:14 36:16 37:23 38:11 41:4 41:23 42:9 -B- 42:10 42:23 43:9 44:12 47:7 58:16 60:18 42:13 43:2 43:19 44:25 53:17 60:4 64:19 42:21 43:5 44:6 45:6 57:9 60:9 66:16 B[4] 2:10 29:2 29:3 95:10 B-e-a-d-l-e pj 28:22 29:3 background pi 54:17 BAILEY p] 1:23 76:19 78:12 78:16 Bain p] 7:4 78:17 83:17 92:7 95:21 97:15 78:22 84:19 92:20 96:14 100:9 83:14 85:11 93:16 97:14 100:19 Beadle pi] 29:2 29:5 30:8 30:10 30:16 31:15 36:12 100:22 101:12 asbestos-containing [17] 16:10 16:1<J 16:18 17:3 17:13 became 45:13 83:20 [5] 61:4 17:15 17:24 18:19 become pi 28:20 30:2 30:13 31:25 24:4 61:6 51:10 1__9_:1_8 .2.7.:.3 45:20 began pi 16:7 59:19 61:24 62:6 16:9 '83:16 68:14 85:10 92:22 begin [4] 8:10 aside pi 4:12 20:19 63:12 63:24 Index Page 2 Condcnsclt! IN RE: MON MASS II beginning pi 8:17 20:10 begins pi 66:9 6:12 behalf [4] 1:16 1:21 1:12 26:18 behind pi 57:13 3:22 belonged [i] 26:2 below pi 82:17 Bennett pj 63:11 62:24 Bernard pi 52:13 1:18 beside [1] best [13] 28:14 29:17 29:20 36:18 37:21 40:5 40:6 60:12 98:7 94:11 29:17 31:11 39:15 47:3 better m 22:17 22:19 27:6 39:25 69:19 98:9 22:14 22:22 57:3 between po] 5:25 7:14 25:9 27:8 52:11 86:6 3:2 24:22 36:24 94:20 big[l] 22: 14 blank pi 90:2 blowout [i] 36:11 bolted pi 49:12 Bonallepi 1:25 3:12 105:5 105:20 bottom pi 101:9 branding [i] 66:12 62:13 break p] 56:4 breathing pi 22:5 22:25 23:10 brief [is] 6:10 6:18 65:9 65:12 70:9 72:19 75:5 81:25 86:23 102:14 6:6 6:25 70:4 74:20 84:23 briefcase pi 73:16 bring pj 3:19 9:23 72:25 Britain pi 12:24 brought pi 26:12 27:22 28:15 29:11 73:16 87:8 26:8 27:25 52:4 brush [i] brushing pi 73:24 82:4 66:22 Building pi 1:17 built [l] 35:25 bulk pi 51:4 56:17 57:12 business pi 11:20 17:6 78:21 buyer [ij 79:4 buyers [4i 76:15 76:17 79:16 79:23 chasing [i] check [11 80:23 10:2 Chesterton [ij 1:21 -c- Chicago [2] 4.6 C-a-n-a-n-d-a-i-g-u-a 93:13 [l] 9:5 chillers pi 66:20 C-o-l-t-e-c [1] 15:8 67:2 67:11 cabinet pi 58:19 Cameron p] 91:23 Canada [4] 12:16 14:15 14:16 14:18 Canandaigua [i] 9:4 cancerpi 31:23 31:18 cannot p] 50:6 capability pj 43:3 48:7 capable pi 47:6 Chrysotile pi 31:4 31:12 CIRCUIT [i] 1:2 circumstances [ij 51:21 Cirulli m 49:3 49:6 50:2 50:4 49:2 49:20 67:13 city [5] 13:17 13:18 52:14 55:2 55:3 claim [i4] 24:23 25:7 26:7 26:8 24:15 25:20 26:12 captioned pi 84:10 27:2 27:22 28:8 career pi Carl [5] 33:19 35:5 58:8 Case [22]4:21 7:24 7:25 8:11 9:7 32:6 34:22 95:24 4:23 8:5 10:24 28:9 29:6 30:11 claims [6] 28:15 28:19 32:3 36:13 CLARKE [ii 29:11 27:25 31:15 1:6 10:25 11:6 83:14 clean [i] 90:13 84:7 87:10 92:2 97:9 84:9 91:19 94:2 97:19 cases m 10:16 23:14 62:10 83:18 catalogues [l] 87:9 91:23 95:10 4:4 58:21 87:9 92:17 clear [4] 26:6 71:17 71:23 Clemons pi 27:21 28:19 36:12 Clemons' p] 24:23 25:6 26:7 27:2 39:il 25:9 31:25 24:14 25:20 caused pi 85:8 30:24 clipped [2] 72:3 72:2 CC[2] 83:4 91:17 Cloth [14] 15:20 cease pj 15:21 15:21 15:24 15:25 ceased pj 15:24 16:2 16:6 17:2 16:13 16:16 Center pi 1:22 16:24 18:19 19:19 certain pj 43:5 67:7 79:18 86:15 29:22 73:22 coach pi 33:21 71:10 80:15 certainly pj 8:13 9:18 coaching m 34:5 34:12 CERTIFICATION p] 80:16 80:17 104:2 105:2 collection p] Certified [ij 105:5 62:16 16:12 16:18 19:18 33:20 71:11 33:22 34:14 80:18 61:14 certify p] 104:4 Colt [9] 14:22 14:25 105:7 105:14 54:15 61:18 61:21 change [l] 34:4 62:15 62:18 102:6 changed pj 20:22 102:16 60:6 96:18 changes [i] 60:23 changing [3] 88:23 88:25 89:15 characterization p] 81:10 96:13 characterized p] 99:21 charge [I] 79:22 Coltec [5] 15:7 15:10 52:16 7:12 52:14 commencing [i] 1:7 commission pi99:25 100:6 104:23 commissioned [i3] 33:4 41:9 41:12 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS n Condenselt! TM 61:18 99:12 100:8 100:21 76:18 99:22 100:13 79:9 99:23 100:19 communication p] 5:24 92:18 92:19 company [8] 12:3 14:25 15:4 15:5 16:7 11:19 15:3 15:5 Compensation pi 27:25 28:15 28:25 29:5 30:11 32:3 36:13 complete [ij 104:6 completed p] 50:14 59:16 completely [ij 88:4 compressed [i4] 13:23 14:13 14:14 15:18 20:7 20:13 20:15 20:20 20:25 21:4 21:25 32:21 43:4 97:15 compression [ij 15:18 concentration m 91:17 concern [4] 21:19 21:22 22:14 44:14 concerned m 22:10 23:15 23:16 23:20 23:22 67:18 82:12 concerning [8] 39:5 43:18 52:9 72:9 72:14 78:21 83:3 96:19 concerns [3] 23:24 24:4 58:15 23:23 56:16 condition [i] 57:23 conditions pj 49:13 85:11 conduct [i] 45:19 conducted [io] 33:2 74:17 85:8 85:8 97:17 97:21 97:23 97:24 98:15 101:11 confident [i] 78:11 confining [i] 15:14 confirm [i] 7:9 connected m 105:16 connection [4] 25:8 27.9 36.24 54.20 connections m 27:8 considerations [2] 22:24 23:8 considered [i] 23:5 constitute [i] 105:11 consultant [2] 11:15 45:18 consultation [i] 102:20 consulting [2] 7:11 11:17 contacted [i] 4:5 contained [4] 15:13 21:20 52:8 92:17 containing pi 16:23 18:7 68:13 contains pi 14:2 13:22 continue p] 34:21 6:13 continued pi 16:18 16:23 continuing p] 11:7 20:12 contracted pj 26:9 95:23 contrary pj 88:10 Contrast [i] 61:14 control [io] 30:15 31:2 35:9 35:13 38:13 43:16 30:7 35:6 38:6 105:11 conversation [2] 60:15 94:19 conversations [2] 40:16 40:21 coordinated [2] 45:25 46:3 copy [io] 10:12 58:25 59:3 59:5 59:14 71:13 3:23 59:2 59:13 72:25 Corpp] 95:11 corporate pj 9:24 19:6 39:16 39:18 40:6 94:20 9:17 39:15 39:19 corporation p]1 15:7 95:20 95:22 correct pi] 14:7 16:7 22:2 22:3 23:11 32:10 35:12 37:23 41:16 41:17 42:8 43:6 44:22 45:2 46:2 50:5 57:16 61:19 61:25 62:9 62:16 62:20 64:20 67:19 74:24 81:8 81:23 82:5 82:18 83:11 83:18 84:7 89:10 93:12 95:3 99:7 102:8 102:11 104:7 104:9 11:10 16:8 23:2 32:12 38:6 42:7 43:24 45:6 50:18 61:22 62:12 64:3 67:20 81:18 82:14 83:14 87:24 94:22 99:10 102:20 105:12 corrected [l] 96:25 correction pj 95:5 95:8 correctly [ij 26:16 correspondence p] 6:12 6:14 10:3 counsel [nj 7:3 7:14 52:12 53:4 77:11 94:21 100:6 105:15 5:25 10:7 53:25 99:24 105:16 County [5] 91:23 95:11 105:6 1:2 105:3 couple pi 6:24 10:14 11:20 5:8 10:15 course |9j 7:17 7:18 42:7 68:10 80:13 80:20 5:24 8:5 78:21 courscwork ui 43:10 COURT [i] 1:2 courtesy [i] 21:6 cover [i] 7:20 Crick [lsi] 2:4 2:6 5:15 6:4 8:10 8:19 9:1 9:9 10:2 10:13 10:19 10:24 11:3 11:6 12:1 13:1 15:1 15:16 17:1 18:1 20:1 21:1 23.1 24.1 26:1 27:1 28:1 29:1 31:1 32:1 33:20 33:23 34:6 34:10 35:1 36:1 37:11 38:1 39:21 40:1 40:14 41:1 42:3 42:18 43:1 43:22 45:1 46:1 48:1 49:1 51:1 52:1 54:1 54:8 56:1 56:3 58:1 59:1 61:1 62:1 64:1 65:1 67:1 68:1 69:18 70:1 71:1 71:5 71:24 72:1 74:1 75:1 76:1 77:1 77:15 78:1 80:1 80:10 80:17 81:1 83:1 84:1 86:1 86:15 87:1 88:1 89:1 90:1 91:1 92:1 94:1 95:1 97:1 98:1 99:16 99:21 100:16 100:17 102:1 102:24 1:13 4:19 6:16 8:24 10:1 10:17 11:1 11:7 14:1 16:1 19:1 22:1 25.1 27:18 30:1 33:1 34:1 34:18 37:1 39:1 40:9 42:1 42:25 44:1 47:1 50:1 53:1 55:1 57:1 60:1 63:1 66:1 69:1 70:22 71:9 73:1 75:2 77:6 79:1 80:15 82:1 85:1 86:19 88:16 90:14 93:1 96:1 99:1 100:2 101:1 103:1 Midtown Reporting Service (716) 325-2130 communication - discuss JANUARY 14, 1998 Crocidolite p] 31 7 31:13 cross-examination m 63:4 CSR[2] 1:25 105:20 current [6] 76:4 76:11 83:6 83:8 60:3 76:21 CURTIS m 1:23 customer [i] 35:16 cut [2] 49:9 97:15 71:14 71:20 83:13 87:15 90:17 91:19 92:2 93:8 93:15 93:25 95:9 96:18 97:7 97:9 98:13 99:7 101:5 104:8 105:8 depositions m 41:16 87:8 87:11 87:17 87:23 88:18 99:3 describe p] 96:9 99:3 92:20 cutting [i] 78:9 DESCRIPTION [i] 2:12 -D- D [2] 2:2 damage p] 93:24 2:10 93:16 datap] 56:25 date pi 4:2 33:12 37:2 70:13 74:21 75:8 75:9 dated [] 6:13 7:2 75:6 75:14 101:9 105:22 Deadle 'S [1] 28:25 deal [ij 91:2 dealing [i] 92:6 designated [3] 39:12 39:14 designed m designee [4] 39:18 39:19 despite p] 36:12 36:13 destroyed [i] details pj 96:22 determine [i3] 32:14 32:18 41:22 44:11 68:19 70:13 85:10 97:13 39:4 35:24 39:15 94:21 26:25 58:24 89:12 4:15 38:10 44:25 84:19 100:21 deals [l] 5:23 Detroit [i] 93:17 Deborah [4] 1.25 3:12 105:5 105:20 decade PI 29:22 29:8 December [5] 8:16 8:18 91:21 93:5 94:11 decide iPI 49:15 79:15 79:22 decided p] 97:2 21:14 decision [] 20:24 47:11 79:13 79:20 80:2 81:13 defendant pi 85:7 93:19 defendant's p] 85:7 85:7 defense [i] 83:9 Definition m 66:9 delivery pj 68:17 demand [i] 22:12 department [is] 11 -.25 31:2 31:2 35:9 38:6 38:13 38:14 38:15 38:16 38:18 41:12 46:7 67:4 97:18 98:15 depose PI 40:9 9:20 deposition p2] 2:11 2:13 3:18 8:8 10:9 19:15 25:14 33:10 34:11 39:5 40:2 63:5 65:13 develop [2] 23:18 22.17 developing [i] 12:2 develops m 36:2 diBuono [i] 54:14 difference [2] 86:6 100:4 different pj 48:10 96:5 19:4 difficult [i] 81:22 difficulties p] 82:8 82:10 direct [6] 40:16 40:21 40:24 52:18 69:7 71:18 direction p] 92:5 105:11 directly [4] 13:8 20:4 48:23 67:15 Director pj 22:9 38:23 45:13 Directors p] 44:24 45:4 disavowed [i] 88:12 disclose p] 84:25 81:13 disclosed m 80:5 80:20 80:25 81:5 99:6 99:9 99:13 disclosing [i] 86:16 disclosure [2] 77:21 86:21 discovery [i] 63:5 discuss [i] 39:16 Index Page 3 Ic I discussed - forth JANUARY 14, 1998 discussed [2] 25:5 26:23 dllSt[i] 82:13 discussing [3] 7:16 7:17 65:17 discussion [S] 51:25 90:20 101:4 102:13 103:2 disease 1*1 28:3 28:16 31:20 31:22 78:12 26:9 31:15 42:10 dispute [i] 91:3 disseminated [i] 80:24 distinction [i] 100:3 divided m 4:15 doctor [i] 42:7 document po] 25:17 52:8 61:16 72:10 72:20 72:22 72:25 73:8 73:20 73:22 75:6 91:15 101:14 25:10 58:12 72:18 72:24 73:10 74:3 101:7 documentation [i] 25:5 documents [26 3:17 3:19 3:23 4:8 4-20 5:5 5:19 7:18 7:21 8:3 8:7 24:19 25:11 40:3 52:4 56:11 63:15 63:17 65:6 70:7 72:25 73:5 73:14 73:15 92:16 93:2 doesn't [81 31:22 34:9 74:9 85:23 100:19 19:15 36:10 87:3 Donald ni done [ii] 18:23 21:21 44:18 44:23 67:12 86:17 95:20 84:12 18:9 38:12 56:23 92:4 down m 49:17 49:18 66:12 82:17 91:23 101:8 Dr [3] 92:4 92:5 99:7 drafted [1] 88:23 drop [2] 24:22 25:25 dropped [3] 24:20 26:3 24:15 dry [2] 95:21 96:14 duly [3] 8:22 105:9 104:9 during [15] 4:23 17:3 32:6 54:11 66:15 68:10 85:11 92:21 97:11 104:8 4:20 30:10 64:7 78:20 94:7 12:18 -E- E[7] 1:13 2:2 2:2 2:2 2:10 2:10 8:21 early [] 8:15 22:12 25:23 61:9 68:16 84-3 20:11 26:12 83:10 easier [i] 90:24 easily [i] 81:22 East [2] 11:22 13:2 easypi 92:li Ed [l] 93:23 Edward [l] 84:10 either [2] 95:20 39:9 Electron [i] 61:15 emissions m 22:15 employed [2] 49:4 97:12 employee [4] 27:22 101:22 101:23 105:15 employees [i] 28:2 encapsulated [6] 21:19 23:6 37:15 37:16 44:17 76:25 Enclosed [i] 7:20 end [in 21:6 21:16 35:11 36:6 37:17 57:21 77:2 21:14 35:15 50:10 77:24 engineering p] 11:18 11:25 22:9 35:25 43:16 ensures [i] 35:9 entire pi 31:14 entitled pi 19:8 enumerated pi 92:15 Environmental po] 7:5 41:24 45:24 46:12 46:17 46:19 69:10 69:21 74:11 74:15 eonsp] 33:17 equipment pj 14:20 errata pi 104:10 especially [i] 82:7 ESQ pi 1:13 1:18 1:23 estimate pi 29:17 Etterp] 84:10 Europe pj 13:5 11:23 eventpj 62:14 events p] 27:8 evidence [4] 33:24 34:7 34:13 34:15 exact pi 16:20 exactly p] 16:25 17:6 16:5 38:2 Index Page 4 Condenselt! TM IN RE: MON MASS H 60:22 Examination [9] 1:5 1:10 8:24 11:7 56:5 56:7 99:19 100:17 103:3 examined [3] 2:3 8:23 50:5 example [i] 36:9 examples p] 11:21 exceeded pi 60:9 except [4] 3:8 21:25 35:13 104:9 excess pj 78:3 79:3 76:20 Exchange [i] 1:6 excluded p] 86:22 excuse pi 30:5 70:2 97:21 exercise p] 19:7 exhibit p*i 52:6 52:7 56:11 57:11 61:12 63:18 65:15 66:9 71:14 71:16 72:8 75:2 81:5 81:16 101:7 101:25 102:3 102:4 2:12 56:10 58:11 65:13 67:21 71:20 75:4 101:5 101:25 102:16 Exhibits [2j 102:16 8:8 existed pi 93:2 expand p] 11:20 expansion p] 15:19 experience pi 78:8 expert [4] 47:23 76.8 78.12 86.2 expertise [4] 42:20 43:5 78:16 78:17 experts pj 47:7 47:15 53:23 expires pi 104:23 explain p] 30:17 explore pj 72:15 exposed [S] 30:17 30:21 31:7 21:11 31:4 exposing p] 60:8 exposure [in 31:11 60:3 60:10 60:17 60:24 61:7 66:18 76:5 78:3 79:3 85:11 21:17 60:5 60:21 66:15 76:21 83:6 extent [5] 28:11 32:11 33:16 40:7 47:16 -F- fabric p] facilities pi facility p] 15:20 38:21 68:12 18:16 50:20 59:22 96:18 19 14 51 10 62: 19 4i:y 56:22 82:11 fail [i] 36:11 fairp] 53:20 Fairly [i] 51:11 fallen [i] 79:7 false [5] 85:20 85:22 86:6 86:12 94:15 familiar [io] 34:25 35:3 51:2 54:18 60:2 68:17 34:23 39:7 57:8 95:25 family [i] 26:8 farpi] 5:2 8:12 8:16 11:21 13:2 19:10 22:9 43:2 44:14 62:13 85:5 FARRINGTON in 1:11 February p] 61:12 62:14 74:25 75:6 75:9 Federal [i] 20:17 felt [i[ 44:17 few po] 4:2 32:11 48:16 51:24 52:2 56:22 56:24 57:4 57:7 101:16 fiber [i3] 21:23 44:13 44:16 45:19 48:4 83:22 91:17 92:7 92:20 95:14 96:19 98:5 100:13 Fibeiglas [i] 95:11 fibers po] 21:11 21:17 22:5 22:25 23:11 30:17 30:22 32:9 36:16 37:23 38:11 41:23 42:14 42:21 42:23 43:2 43:9 44:12 45:6 57:9 58:16 60:4 76:20 78:22 79:3 83:4 84:19 91:17 97:14 100:22 field [8] 2:20 36:3 47:7 47:15 68:11 74:21 75:14 91:16 fifth [l] 66:8 file [26] 2:14 2:15 2:16 2:23 4:16 5:22 5:23 6:8 6:17 29:5 52:7 56:13 56:15 58:13 58:15 58:19 65:11 2:14 2:22 5:17 5:23 10:3 52:7 56:16 58:19 102:4 filed [7] 8:ll 8:15 30:11 83:21 84:21 8:13 32:2 files [li] 7:10 28:8 28:9 28:11 32:7 61:11 102:2 filing i 3:4 financially [i] 105:17 fi'nd"ing]m fine Pp]] 27:11 36:22 37:3 63:15 65:8 72:.16 53:16 33:25 54:2 71:2 finished [i] 44-16 firearms [i] 14:25 :irm[4] 1:20 4:5 53:7 93:11 'irst [177 6:12 30:20 32:13 33:3 33:6 50:21 56:13 62:25 64:7 73:20 77:8 8:22 32:17 38:2 61:6 72:22 83:13 fishing [i] 31:21 fit [2] 9:21 36:15 five [2] 15:25 16:25 fixtures [i] 70:14 flange [4] 49:13 66:23 73:23 82:3 IiailgGS |2U] 49:10 49:11 49:18 49:19 49:24 66:21 67:6 68:13 68:17 68:20 68:25 69:3 82:9 22:15 49:17 49:21 66:22 68:14 68:21 81:17 Floor [i] 1:17 folks [l] 80:2: follow [1] 36:2 follows [1] 8:23 foregoing p 105:10 foremost [i] 47:23 forget [3i 4:2 92:12 94: l: forgot p] 95:6 94:4 form [] 4-8 21:12 22:6 23:3 23:12 25:2 27:5 27:12 30:19 36:19 36:21 37:3 37:4 37:24 38:7 40:18 42:16 42:22 43:21 47:8 47:18 47:25 50:15 50:23 51:6 51:16 53:19 54:2 56:19 58:9 60:11 60:19 63:2 63:7 63:13 64:4 64:11 64:21 69:23 70:12 76:22 78:4 78:24 84:5 87:5 91:16 96:20 97:4 100:2 100:24 102:10 102:21 formal [i] 75:25 forms [3] 74:22 7` 2:20 forth pi 5: 6:14 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS O Condenselt! 7:17 52:11 91:14 92:11 forward [l] forwarded m found pi 98:19 founding [2] 24:11 four p] 93:14 94:7 frame [5] 19:25 29:7 45:14 freem 9:20 Friday [i] full [4] 80:12 82:13 86:15 functional [5] 58:20 65:19 98:2 functioned [i] future a] 56:25 68:12 68:15 78:2 24:7 93:25 18:6 32:16 7:7 80:19 32:23 67:9 57:22 53:14 -O gain pi 100:13 Garlock [m] 1:16 3:20 3:21 4:5 4:8 4:9 4:18 5:18 5:25 5:25 6:2 7:3 7:ll 7:14 7:15 8:2 8:6 9:11 9:16 11:9 11:13 11:15 11:19 11:25 12:3 12:14 13:7 14:22 15:3 15:7 15:10 15:12 15:21 16:7 16:9 16:15 16:16 17:3 17:5 17:12 17:23 18:2 18:19 19:5 19:13 20:19 21:24 23:9 23:21 24:2 24:4 24:7 24:15 25:25 26:9 26:19 27:23 30:13 32:7 27:2 28:2 32:3 32:8 27:22 28:16 32:6 32:13 32:17 35:16 35:24 37:14 33:4 35:19 36:4 38:5 35:6 35:22 36:15 39:3 39:12 41:7 42-2 39:18 41:10 44:9 39:23 41:21 4411 44:13 44:15 44:25 45:2 45:5 45:7 45:18 45:19 47:12 47:22 48:9 49:4 49:23 50:2 50:21 51:3 51:5 51:15 51:22 52:10 52:12 53:4 53:8 53:16 53:22 55:7 55:18 56:17 57:18 58:16 57:8 57:21 58:23 57:11 58:3 59:19 60:16 62:9 62:18 64:23 67:8 74:16 76:17 77:24 78:22 79:15 80:25 81:16 83:21 84:15 86:11 92:7 93:15 93:24 95:23 97:16 99:22 100:20 101:23 61:19 62:11 63:24 66:18 67:24 75:20 77:19 78:20 79:8 80:5 81:2 83:10 84:2 84:18 87:3 92:10 93:19 95:19 96:10 99:4 99:23 101:8 102:17 62:7 62:16 64:19 67:6 68:13 76:14 77:22 78:21 79:11 80:6 81:6 83:17 84:10 86:10 89:10 92:23 93:22 95:22 97:12 99:12 99:24 101:22 Garlock'srn 25:6 36:14 58:19 73:6 73:12 85:13 94:20 gasket [26] 19:13 22:23 32:14 46:6 49:12 49:19 57:9 57:22 66:4 66:24 76:15 76:17 77:24 79:11 82:13 82:21 83:3 13:9 32:9 46:8 51:5 57:23 67:18 76:24 81:21 82:22 gasketing ri*l 15:18 15:20 17:13 17:16 17:24 18:3 20:13 20:18 32:21 32:21 47:4 62:4 13:24 16:14 17:20 18:11 22:13 43:4 78:9 gaskets [2] 17:4 18:7 20:7 20:16 20:25 21:4 22:19 22:20 32:18 33:5 36.8 41:22 45:25 49:8 49:23 57:24 58:5 58:16 61:25 62:6 62:11 62:16 64:3 64:19 66:16 66:18 67:5 68:14 70:16 73:23 78:20 78:22 79:5 81:14 81:22 82:4 84:18 86:11 89:10 89:11 100:22 3:21 18:17 20:20 21:25 23:21 36:8 45.20 49:21 58:3 59:19 62:9 63:24 66:6 66:21 68:20 76:19 79:2 81:17 82:7 87:3 99:4 Geez[i] 28:22 genera [5] 55:15 60:13 87:13 7:4 60:15 generated [i] 4:17 generic pi 74:10 gentleman p] 84:15 Germany pj GILMAN m given [i4] 4:20 4:23 34:2 87:8 87:23 88:2 88:10 89:11 104:9 giving [6] 91:19 92:9 96:3 96:24 Goldfein pj 53:3 good [l] 48:7 granted p] 8:14 8:16 great P] 12:24 group [5] 52:4 56:11 73:11 guess pj 29:15 29:20 51.11 59.11 75:23 Gwenda p] Gylon [i] GYPSIEp] 57:19 15:13 63:23 12:18 1:6 3:16 9:20 87:13 88:9 99:2 21:16 93:5 1:15 8:13 22:12 13:9 72:24 28:4 38:3 75:12 91:20 101:13 57:16 -H- H[2] 2:10 hand [6] 9:20 58:11 65:15 75:3 handled [i] handling [i] Harold [i] Harris pj Hatfield [12] 5:6 8:5 62.23 63.11 68:21 68:25 74:4 74:10 Hatfield's p] 74:9 hazard p] 22:25 23:10 hazards [5] 26:23 78:16 79:24 head[i] 4:3 health [i3] 22:5 22:25 23:20 23:23 26:23 30:24 97:25 98:5 heard [i] heatp] 67:7 heavily [] 82:19 82:20 8:21 56:10 72:8 10:6 4:5 28:20 95:11 2:18 40:17 67.24 72:5 5:12 22:5 23:20 78:17 21:22 23:10 23:24 97:17 98:14 48:21 82:17 82:22 Midtown Reporting Service (716) 32S-2130 forward - interrogatories JANUARY 14, 1998 82:23 82:25 held p] 1:5 90:20 101:4 103:2 105:8 55:16 102:13 included m 16:12 61:11 64:10 66:21 includes [i] 5:5 63:18 75:25 6:2 hereby pj 3:2 104:4 105:7 including p] 39:17 86:3 86:4 herein [i] 8:22 increase [i] 22:12 Herman pj 63:11 62:24 Independence [i] 1:13 higher pi 79:25 himself pj 21:17 5:13 hire pj 45:18 47:23 hired [] 50:21 51:15 52:25 102:7 51:3 53:2 hiring [i] 47:12 history pj 3:22 11:6 32:6 hoc p] 8:11 10:12 hoc'dpi 11:2 10:22 holdp] 6:20 55:10 55:12 honesty [i] 4:2 hours pi 67.7 70:15 78:14 Houston pj 13:11 17:11 Houtcn p] 26:18 26:21 13:10 26:15 Houten's [i] 26:25 HUMPHREY [11 1:11 hydraulic p] 15:19 16:14 hygienist [i] 42-5 I- indicate p] 84:14 65:7 indicated [5] 59:3 69:24 91:3 45:25 70:6 indicates [5] 67:5 68:9 74:21 66:14 70:21 indicating [4] 7:6 68:3 90:7 90:8 indices [i] 4:16 individual [i] 95:23 individuals p] 28:12 32:2 industrial [5] 38:15 38:17 42:5 54:21 66:17 Industries p] 14:22 15:7 54:15 61:18 62:15 62:18 7:12 33:2 61:21 industry p] 22:15 22:18 23:15 23:22 23:24 24:5 36:14 information [io] 42:12 42:16 43:18 43:20 45:23 78:11 79:14 81:13 86:4 86:16 injury [5] 24:15 27:21 83:14 9:6 83:10 1-047 m 91:16 insist m 90:22 ideapj 69:2 90:14 inspect [2] IDENTIFICATION 35:17 31:3 [5] 8:9 65:14 inspector pj 30:15 71:15 71:21 101:6 30:25 identified [i] 19:12 install [i] 81:20 identify m 56:13 56:14 84:22 96:16 identities [i] Hp] 1:3 Illinois [1] 52:5 83:22 9:11 105:9 1:22 installed m installing p] instance [i] instead pj Institute p] 26:22 82:21 78:9 49:10 47:13 24:8 implies [i] 78:15 instructions [i] 81:20 important p] 60:8 80:2 improper [i] in-house p] 38:4 95:20 51:14 37:3 36:3 intended p] 85:12 59:23 interested p] 53:16 57:18 105:17 international [i] Inc m 1:16 7:12 15:10 84:10 84:15 12:3 interpreting [i] 34:19 Inc. [i] 15:3 interrogatories [5] include p] 86:12 76:3 83:25 84:5 84:9 84:11 84:21 Index Page 5 interrogatory - McCrone Condenselt! IN RE: MON MASS D interrogatory [ioj 83:17 83:21 84:2 84:17 84:25 85:4 85:6 85:13 86:4 86:17 involved [i6] 17:20 20:4 41:4 41:16 53:15 53:25 67:15 83:20 89:3 93:16 4:4 20:24 53:8 66:14 88:20 99:24 involvement [i] 67:18 issue [l] 96:6 issues [2] 87:6 39:16 items [l] 92:14 itself [6)20:18 89:18 94:24 99:12 99:22 99:24 IV [1] 82:11 -i- Jackson [i] January [4] 104:6 105:8 job [3] 75:6 75:12 joint [l] 15:19 JOSEPH [l] judge [2] 37:8 judgment [i] Judym 87:10 June [9] 2:17 64:15 65:16 84:10 89:5 91:5 95:10 1:7 105:23 75:11 1:15 37:6 40:5 10:17 81:15 90:5 -K- K[i] 8:21 keep [2] 58:22 59:14 kept [3] 58:24 60:5 60:7 kind [4] 18:20 18:22 78:15 78:15 Kitt[2] 62:24 63:11 knew [i] 30:2 knife [i] 66:22 knowing [i] 35:3 knowledge [in 30:9 30:21 30:24 31:11 33:16 36:18 47:3 60:12 80:5 81:3 81:4 87:6 88:12 92:25 98:7 98:8 100:13 knowledgeable m 39:23 knows [ii 53:25 KOROWSKI PI 1:20 Kurt [4] 38:23 39:8 Index Page 6 44:18 48:13 -L- L [5] 1:18 9:3 104:4 104:14 105:8 L.D [l] 55:4 lab [13] 49:4 50:12 67:12 89:2 32:22 49:5 56:2 70:12 98:2 32:23 49:6 67:9 76:18 labeling [2] 18:12 18:11 laboratories [4] 46:20 46:25 97:13 97:16 laboratory [io] 2:19 46:23 47:4 47:13 48:6 48:24 48:25 58:20 65:20 100:21 last [23] 3:25 27:19 28:18 37:13 52-2 56:9 56:22 57:2 57:4 68:10 75:7 77:17 82:2 99:20 101:3 7:24 28:21 54-9 56:24 57:7 75:11 95:9 101:16 late [3] 8:15 22:11 17:21 Laurie m 7:4 law [4] 1:5 1:20 53:7 93:11 lawsuits [2] 80:25 41:16 lawyer p] 34:22 52:16 54:16 lawyers m 41.10 51.3 51:14 53:8 41:6 51.12 99:10 leading [2] 46:23 leakage [ij 46:19 70:15 learn [2] 41:3 44:5 learned [3] 41:6 56:22 57:4 least [3] 16:15 17:23 80:13 leave [3j4:i4 37:14 72:3 leaving [i] 35:10 led [ii 10:7 left [2] 35:20 legal [6] 52:12 86:2 87:6 100:6 35:23 53:4 99:24 lengthy [ii 92:2 letter pi] 6:5 6:17 6:22 7:2 67:22 68:5 69:8 69:11 69:22 70:5 70:10 70:17 71:17 71:23 2:18 6:20 7:20 68:7 69:16 70:8 70:19 letters p] 7:14 52:9 52:11 letting [i] 19:4 level [is] 60:3 60:5 60:10 60:17 60:24 61:8 76:11 76:21 79:25 83:6 44:25 60:9 60:21 76:5 78:3 levels [2] 85:11 64:19 Levinthal [124] 1:18 2:5 3:15 4:22 5:20 6:7 6:11 6:19 7:2 8:12 9:14 10:6 10:15 10:18 10:21 10:25 11:5 14:9 15:4 15:14 15:17 19:2 21:12 22:6 23:3 23:12 24:25 25:16 27:5 29:12 29:19 30:19 31:19 33:14 33:22 33:25 34:8 34:14 34:20 36:17 36:19 37:7 37:24 38:7 39:10 39:25 40:11 40:18 41:25 42:15 42:22 43:20 46:21 47:8 47:18 47:25 50:15 50:23 51:6 51:16 52:20 53:10 53:19 56:12 56:19 58:9 60:11 60:19 63:2 63:13 64:4 64:11 64:21 65:5 68:2 69:13 69:23 70:20 71:3 71:6 71:11 71:22 71:25 72:11 73:3 70.6 7G.22 77.8 78:4 78:13 78:24 79:17 80:8 80:12 80:16 80:18 81:7 81:9 85:21 85:25 86:8 86:14 87:4 88:6 88:14 89:16 90:9 90:16 90:21 91:6 94:13 94:17 94:23 96:4 96:12 96:20 97:3 99:18 99:19 100:1 100:15 100:23 102:9 102:21 Levinthal's [i] 53:6 Lexington m 1:12 liberated [i] 97:14 likely [i] 85:11 likewise m 7:13 limits pi 79:7 79:3 linem 31:14 lines [2] 66:19 66:20 list [3] 15:12 28:10 85:23 listed pi 10:4 13:14 85:15 litigants [1] 84:6 litigation [ii] 19:11 41:4 53:17 83:21 100:19 41:19 80:13 86:18 live [i] 9:3 lives [ij 55:21 LLP [i] 1:6 loaded [5] 82:19 82:20 82-25 local [i] 10:7 locate [i] location [i] locations m look [19] 5:21 33:11 39:25 59:11 63:15 67:21 70:7 71:6 71:7 72:11 82:11 85:13 102:11 looking [] 13:2 67:9 84:9 91:15 loSt[l] 17:10 53:14 80:20 100:9 82:17 82:22 32:8 17:11 101:12 6:11 52:24 64:25 70:22 71:12 83:24 11-21 70:2 -M- Mahoney [S] 93:9 93:11 93:12 94:5 94:11 Mahoney's [l] 93:23 main ri] 22:9 Maintenance rn 67:4 man rn 47:21 Manager [2] 79.21 7:5 Mangold [12] 34:22 35:5 41:9 41:18 92:5 92.15 95:24 99:7 33:19 40:25 58:8 92:16 Mangold's [i] 92:5 Manning pj 101:9 101:20 manufacture m 13:21 62:2 62:3 manufactured [13] 13:23 15:13 15:23 16:4 20:7 20:13 22:19 36:5 43:3 46:8 61:24 62:7 92:22 manufacturer p] 13:25 77:25 manufacturing risi 11:21 14:6 14:17 14:20 15:21 15:24 16:2 16:6 16:9 16:23 17:2 17:8 22:20 36:2 46:6 March [22] 63:10 63:16 63:23 65:21 67:22 67:23 62:22 63:17 65:25 68:18 69:8 70:17 74:22 74:23 69:22 71:16 74:22 75:15 70:10 72:6 74:23 91:8 mark p] 5:16 6:23 markec [12] 56:11 65:14 71:16 71:21 81:4 81:16 89:14 101:6 8:9 71:15 74:7 82:15 Marketing pj 79-20 79:21 Martin [2] 63:11 62:24 Mass pi 1:3 19:11 105:9 material psi 19:13 20:18 38:21 44:18 46:4 46:5 47:20 50:10 51:5 56:2 57:9 57:12 66:6 66:7 67:2 67:3 88:21 89:2 13:24 32:20 46:3 46:8 50:12 56:17 57:15 66:24 67:18 102:23 materials [12] 7:10 23:17 76:15 76:18 77:24 79:12 84:20 95:22 6-3 66:4 76:25 81:21 matter [l] 105:9 may rsi 3:12 5:8 9:12 32:8 43:8 5:3 10:19 43:19 McCambridge pi 93:12 93:24 McCLAIN [i] 1:11 McCronc [120] 2:14 2:15 2:16 2:17 2:21 2:22 2:23 3:21 4:6 4:17 5:7 5:10 5:17 5:22 6:2 7:5 7:14 33:2 38:18 39:5 39:8 39:13 39:17 39:24 40:4 40:7 40:17 40:22 41:24 45:24 46:9 46:12 46:15 46:17 46:19 46:25 47:5 47:12 48:11 48:15 49:24 50:22 51:4 51:15 51:24 52:7 52:10 52:11 52:18 52:25 53:2 53:9 54:11 55:24 56:15 56:16 56:23 56:24 57:2 57:5 57:7 57:12 57:24 58:6 58:13 59:18 61:12 62:14 62:19 62:23 63:12 64:17 65:2 65:16 66:25 67:16 67:25 68:18 69:10 69:20 70:17 74:11 74:14 75:25 78:19 79:9 79:10 80:6 80:9 84:22 85:2 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS D Condenselt! TM 85:3 85:14 85:23 86:12 88:3 88:9 88:13 88:19 88:21 88:22 89:9 90:5 94:6 94:12 95:6 96:11 96:15 96:16 98:20 98:23 99:13 99:21 99:23 100:7 100:18 102:3 102:4 102:7 102:18 McCrone'sm 4:16 7:10 51:22 56:16 58:15 58:25 102:6 McDonald [4] 91:20 94:2 97:6 97:19 MDLm 11:4 ME-1322 [4] 2:23 56:15 ME-1537 [3] 5:17 58:13 10:19 2:15 56:16 2:16 ME-5583 [2] 2:22 102:5 mean [] 10:24 19:15 41:25 49:18 82:19 100:20 meaning [i] 82:22 means [4] 82:17 82:20 82:25 87:21 measure [2] 45:5 92:20 measurements m 43:18 measuring [2] 64:19 66:15 mechanical [2] 13:9 101:8 medical [i] 42:7 meet [ij 35.10 meeting m 7:8 7:6 meetings [3] 26:22 26:25 60:13 member [5i 24:7 24:9 26:18 54:15 54:16 members ui 24:11 membership [] 24:16 24:21 24:23 25:6 25:25 36:14 memoranda [ij 92:18 memory [3] 65:4 87:14 mention [3] 96:11 98:20 28:14 95:6 mentioned m 34:22 mentioning [i] 26:7 Mexico [5] 13:23 14:6 14:12 12:14 14:8 Michigan [3] 7:25 93:17 93:20 microscope [i] 50:5 Microscopy [ij 61:15 mid [2] 16:20 26:21 middle [ij 68:18 might (] 19:16 27:6 92:16 93:2 94:3 101:23 mind [i] 51:19 minute [4] 56:3 70:2 70:2 71:5 minutes [2] 51:24 48:16 mischaracterization [i] 89:17 Missouri [i] 1:13 mixed m 21.8 Mon [3] 1:3 105:9 19:11 monitor [2] 35:15 34:11 monitored [2] 49:20 81:17 monitoring [i] 42:10 monitors m 50:4 MONOGALIAm 1:2 Monroe pi 105:6 105:3 months pj 52:2 56:23 57:4 57:7 93:25 94:7 8:14 56:24 93:14 Morgantown p] 9:7 morning [i] 65:17 Morrison pj 97:8 97:11 most [3] 17:7 39:23 73:22 motivation pj 51:20 mouth [i] 53:21 move [5] 25:4 25:19 77:3 23:7 37:18 moved [4} 14:19 17:9 17:10 17:11 must [1] 68.24 -N- N[3J 2:10 2:2 name [it] 26:16 28:6 28:18 28:21 48:22 74:9 101:24 named pj names i?j 28:23 28:24 narrative pi 63:6 77:14 nearp] 45:2 necessary pi need pi] 34:10 54:5 2:2 8:25 28:7 48:22 74:12 93:9 9:13 63:3 44:10 33:23 54:6 63:15 75:22 101:3 69:5 78:11 73:18 90:12 neither PI never [i4] 10:11 24:20 42:9 43:9 59:2 77:21 81:5 98:23 100:20 105:14 7:19 38:12 43:13 80:5 99:13 new [is] 1:7 5:18 9:4 12:8 23:18 46:10 52:14 54:25 55:2 67:18 105:3 105:22 2:16 12:5 24:17 54:22 58:14 105:6 newly [l] 46:8 next [2] 68:16 83:3 non-asbestos [4] 14:16 21:8 22:11 22:16 nor pi 105:15 105:16 normal [1] 78:21 North [ij 12:5 Notary m 104-21 3:12 noted [i] 104:10 notes [i] 105:13 nothing [4] 35:14 67:11 69:24 100:15 notice pj 2:13 3:18 40:2 noticed [1] notify [i] 10:8 21:21 November pi 8:15 51:4 56:17 now T381 4:10 9:15 11:15 13:18 14:5 15:3 21:24 28:23 28:24 34:10 34:22 40:12 42:5 54:4 55:13 60:2 61:11 67:21 71:22 73:8 73:13 82:7 86:10 89:25 92:15 7:8 13:3 14:22 26:25 31:25 38:4 50:20 59:18 64:7 72:13 80:21 89:15 94:4 number [5] 6:9 56:13 70:15 2:12 67:7 numbered [i] 105:10 numbers [i] 4:16 numerous p] 10:23 -O- Op] 2:2 8:21 o'clock [1] O'Keefe p] 84:12 85:18 oath p] 3:5 2:10 1:8 84:12 87:17 Midtown Reporting Service (716) 325-2130 MeCrone's - particular JANUARY 14, 1998 87:20 87:20 87:24 98:13 104:5 object [2] 23:3 24:25 30:19 36:17 40:18 42:15 43:21 47:8 53:19 54:2 64:21 72:13 89:16 91:6 96:4 96:12 100:2 21:12 27:12 36:19 42:22 53:10 63:6 72:17 94:19 97:4 objection p*] 23:12 27:5 38:7 46:21 47:25 50:15 51:6 51:16 58:9 60:11 63:2 63:13 64:11 69:13 76:6 76:22 78:24 80:8 81:9 85:21 86:8 86:14 87:4 87:4 88:6 88:6 94:13 94:17 96:20 97:3 102:10 102:21 22:6 37:24 47:18 50:23 56:19 60:19 64:4 69:23 78:4 81:7 85:25 86:20 87:5 88:14 94:23 100:23 objections p] 3:8 19:16 37:6 obtaining pj 45:25 occurred [l] 35:2 off [2] 4:3 102:12 off-the-record pj 90:20 101:4 102:13 103:2 offhand [i] 64:13 office [5] 54:22 54:24 54:25 55:2 55:3 offices PI 12:5 1:5 once [i] 35:20 one p9] 5:2 9:13 9:25 13:15 22:4 23:8 24:11 30:3 46:19 49:20 50:4 52:21 55:25 64:23 65:10 74:25 82:13 87:10 89:7 90:6 90:7 91:5 91:8 93:18 99:18 101:3 5:4 10:10 22:24 28:18 47:3 51:23 64:2 66:6 87:9 89:23 90:7 92:12 100:11 ones [2] 13:13 28:4 opening pi 66:21 opines U 73:23 opportunities [11 99:2 opportunity [4] 21:10 21:16 32:7 95:7 opposite [l] 88:4 original [i] 90:17 OSHA [2] 61:7 60:3 outcome pi 105:17 outside p3] 41:19 43:15 47:10 53:8 77:21 78:19 80:25 95:20 18:9 45:21 77:18 80:6 95:24 overlooked [i] 35:5 oversaw [2] 38:19 OVIATT [l] 38:18 1:6 Owens-Coming p] 95:11 own [3] 59:2 65:19 71:13 owns [i] 15:7 -P- P.Cp] 1:11 Pacific [i] 91:20 packaging pj 18:21 18:25 19:22 Packard [l] 1:17 packing [i<] 2:21 7:12 15:19 16:14 61:22 61:24 62:6 62:9 101:8 102.3 1:16 15:18 22:13 62:3 62:11 102.22 packings [2] 43:4 62:4 page [8] 2:11 66:8 92:3 97:6 97:9 6:12 92:13 98:14 pages pi 105:10 2:3 Palmyra p2] 5:18 12:5 13:8 13:10 13:23 14:11 14:20 16:4 18:11 18:12 31:5 31:8 50:21 54:12 55:7 55:21 62:24 63:12 64:8 64:17 68:10 2:16 12:11 13:16 14:12 18:10 20:8 47:6 54:24 58:13 63:24 65:3 paper p] 5:9 5:4 paralegal pi 55:7 parent pi 15:5 61:19 61:21 102:17 Parkpj 1:22 Parrish p] part [14] 38:20 47:20 51:25 53:13 57:25 66:14 67:11 81:19 89:8 9:4 39:8 53:7 62:25 81:19 100:6 participated [3] 47:16 48:23 67:8 particular [4] 38:16 49:7 91:9 98:15 Index Page 7 parties - release JANUARY 14, 1998 parties [2] 105:15 3:3 partner p] 93:23 53:6 passed PI past [4] 28:10 90:8 91:10 30:8 88:5 patents [5] 55:10 55:12 55:18 55:8 55:16 pause [is] 6:10 6:18 65:9 65:12 70:9 72:19 75:5 81:25 86:23 102:14 6:6 6:25 70:4 74:20 84:23 pending [i] 9:7 Pennsylvania PI 1:18 53:5 people [11] 23:20 23:22 28:10 28:22 44:13 44:15 60:16 23:15 28:7 40:22 60:9 per [2] 83:4 91:17 percent [i] 31:14 perform pi] 44:6 44:10 46:12 47:6 62:15 62:25 102:8 38:14 44:21 47:24 98:5 performed [25] 7:11 32:8 32:13 32:15 32:17 38:4 38:5 41:23 44:24 45:10 52:10 54:12 59:18 74-4 74:6 74:8 74:15 86:11 86:25 87:3 96:10 96:14 97:13 99:3 99:10 period [61 15:15 81:5 89:2 89:3 11:13 89:2 permissible pi] 60:3 60:10 60:17 60:21 60:24 61:7 76:4 76:21 78:3 79:3 83:6 person [10] 38:22 39:4 49:23 50:12 55:4 79:22 32:24 39:22 52:25 89:3 personal c] 9:6 24:15 27:21 50:4 83:10 83:14 persons [4] 23:24 49:20 67:6 81:16 phantom [i] 80:22 Phase [i] 61:14 Philadelphia [2] 1:18 53:4 phone [l] 34:11 picked [i] 48:10 picture [ij 28:22 pieces pj 5:9 5:4 pile [2] 3:16 65:10 place n 1.22 20:24 21:15 35:4 38:20 53:14 96:2 placed [2] 82:23 20:18 placing pi 21:3 20:19 Plaintiff [i] 1.12 plant [16] 13:2 13:5 14:6 16:21 31:8 35:10 35:23 37:14 45:16 89:9 12:14 13:11 31:5 35:20 45:2 101:12 plants m 13:7 13:13 13:19 13:21 13:25 44:25 45:5 playp] 48:13 played [i] 48:18 point [S] 3:25 6:4 6:16 7:23 90:2 policy [l] 58:23 portion p] 66:25 67:15 77.8 position [5] 39:16 53:17 53:24 54:19 73:6 possession [5] 3:20 4:10 5:2 8:3 73:12 possibility p] 5:3 13:4 13:6 PoSt-itS [1] 6:23 potential [6] 22:5 22:25 23:10 66:15 66:18 85:10 precautions [i] 21:10 predecessors m 85:7 preparation [l] 33:9 presence pj 3:6 26:25 present p] 54:11 95:19 98:10 presented [i] 76:8 preserved [i] 54:5 President pi 7:4 79:21 pressure [i] 36:10 previously [i] 9:10 primary m 99:6 pro [4] 8:11 10:22 11:2 problem p] 30:25 10:12 9:22 proceeding [is] 6:6 6:10 6:18 6:25 65:9 65:12 70:4 70:9 72:19 74:20 75:5 81:25 84:23 86:23 102:14 process [1] 66:16 Index Page 8 Condenselt! IN RE: MON MASS II processability [1] 44:20 processing [l] 44:14 produced [9] 5:6 5:9 40:3 65:2 73:8 73:11 producing pj product [32] 14:2 14:7 19:4 21:7 21:14 21:18 22:13 22:17 31:14 35:14 35:24 35:25 42:13 43:6 43:19 44:16 44:20 62:3 85:12 86:21 100:14 4:11 5:10 73:6 73:17 13:22 15:23 21:9 21:19 23:19 35:23 36:2 43:8 44:16 82:8 92:22 products [51] 12:2 12:2 14:17 15:12 16:10 19:12 21:25 22:8 22:11 22:16 23:2 23:5 23:6 23:10 23:17 23:18 27:3 31:3 31:10 32:9 32:14 35:10 35:20 35:23 36:4 36:15 37:14 37:15 37:16 37:22 38:10 43:3 44:5 44:11 48:4 48:5 55:15 57:21 59:22 59:23 62:4 78:2 79:24 85:10 92:7 95:21 96:6 96:10 96:14 101:12 101:13 profess [1] -12:20 Professional [i] 1:22 proficient [2] 44:9 47:7 project [l] 71:18 projects [l] 11:19 pronounced rn 61:6 propensity pj 42.13 proper [i] 35:10 properties [2] 42:21 42:23 property p] 93:24 93:16 proposal [3] 61:13 62:15 62:19 protect^] 21:17 provide [5] 43:18 66:4 102:19 42:12 66:24 provided [i9] 19:19 20:15 25:5 25:11 33:18 41:15 58:5 58:8 59:8 64:3 76:14 83:17 9:13 24:19 33:17 41:19 59:5 75:17 84:6 prying m 66:21 public [3] 59:24 104:21 pull[i] 49:19 purchased pi 62:4 purports [ij purpose [U] 22:9 42:17 42:25 43:21 60:14 76:7 100:8 purposes [4] 19:11 77:12 pursuant [i] put [6] 18:24 21:5 27:3 67:5 putty [i] 3:12 13:16 87:2 7:8 42:24 43:22 89:12 19:6 86:18 3:25 19:22 53:21 66:22 reask [i] 43:24 reason [9] 21:5 21:15 45:22 47:22 57:13 57:20 21:3 24:21 48:9 reasonable [i] 78:8 reasons [i] 22:4 rebranded [i] 62:11 rec [1] 58:23 recalled [i] 96:23 receive [i] 68:16 received [6] 6:3 7:9 10:11 75:20 3:24 8:19 recent [3] 51:11 90:7 13:15 recently [7] 11:23 17:7 46:10 57:2 68:8 72:23 101:15 _____-o-_______ recessed [l] 56:5 Quality p] 30:14 30:25 35:9 35:13 38:12 43:16 30:7 35:6 38:6 quantify [i] 92:20 Quebec pj 15:23 16:22 20:6 12:20 16:24 questioning [i] 72:16 questions [8] 27:11 2--7-:-1--3 77:11 88:8 102:25 25:19 69:5 99:17 recognized ]ij 91:9 recollection p] 34:4 63:21 65:24 reconvened [i] 56:7 record [22] 9:2 9:23 19:9 26:6 34:3 34:9 39:11 52:5 63:6 72:18 89:18 90:13 104:7 104:8 3:15 19:3 33:15 34:16 54:4 73:13 102:12 105:12 recorded [l] 64:14 quote-unquote p] 6:21 7:19 qnoting]i] 7:8 records [sj 58:24 62:22 65:2 reduce [l] 33:9 64:7 61:7 -R- Rm 8:21 8:21 R-e-t-t-i-n-g [1] 55:4 RJE [i] 101:9 R-L [i] 2:18 R.W [i] 2:18 Railroad [i] 91:20 raising [1] 28:16 ranpj 47:2 ratem 70:15 REm 1:3 Referee [i] reference [ij referred pj referring [ij reflect pi 65:2 73:13 refrain pj refresh [4] 65:3 65:24 |regard[4] 57:11 81:14 regarding pj 48:22 3:6 75:9 69:16 90:6 19:9 34:6 63:21 87:14 45:24 82:7 39:7 read p7] 27:18 37:11 37:13 54:9 56:9 59:6 59:10 68:9 77:6 77:17 82:2 89:5 89:6 89:14 89:19 91:4 91:8 104:5 reading p] 63:5 97:8 reads [i] 27:19 54:6 59:3 64:10 77:15 88:22 89:7 89:20 97:6 63:3 97:10 Register li] 20:17 regular [i] 49:13 relates pj 82:24 I relating [4] 4:8 7:10 3:20 93:21 Relations [3] 38:15 38:17 54:21 relationship pj 24:22 25:3 relative [3] 40:4 42:23 105:15 [release po] 32:9 real [i] 57:20 36:16 37:22 42:14 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS n Condenselt! TM 43:8 44:16 48:4 57:9 78:2 78:22 84:19 92:7 96:19 98:6 100:22 45:19 58:16 83:22 95:14 100:14 released [io] 32:19 33:5 41:23 43:19 76:19 79:2 32:14 38:11 44:11 92:21 releasing p] 44:6 relied [i] 5.11 rely f4j 42:12 42:16 43:17 43:20 relying [1] remember [12] 55:13 60:22 91:24 95:12 96:3 96:7 96:24 101:21 5:14 29:8 61:5 95:17 96:21 removal pj 92:21 66:12 remove pi 81:23 81:20 removed m 23:14 49:23 81:17 81:22 21:24 66:19 82:4 removing m 23:9 49:21 73:23 78:10 22:4 66:16 82:8 repeat m 48:16 repeated pj 99:2 rephrase [5] 27:6 36:21 42:18 69:18 74:14 report [33] 33:18 50:13 58:25 59:3 59:10 64:10 65:16 65:16 67:9 67:21 81:4 81:10 81:24 82:24 87:2 88:22 89:6 89:8 89:20 90:5 91:8 94:23 2:17 50:17 59:8 64:15 67:5 75:25 81:15 85:14 89:5 89:14 91:4 reported [4] 1:25 18:11 32:23 105:7 reporter [sj 37:13 54:9 77:17 82:2 105:6 27:19 56:9 90:10 reports m 12:11 13:8 13:10 13:16 58:20 58:22 92:10 represent [i] 66:17 representative [S] 9:17 9:17 9:24 19:6 40:6 representatives pj 9:11 68:11 represented [4] 31:i3 47:5 93:8 93:24 representing [i] 9:22 request [6] 69:25 74:16 90:22 99:10 40:12 90:12 requested m 4:6 69:21 81:21 3:18 74:18 requesting [i] 6:15 requirements [i] 86:16 reserved [i] 3:9 respect [3i 39:12 87:6 19:12 respective [l] 3:3 respirable [2] 21:11 43:9 respond p] 37:21 48:3 37:19 response [5] 23:7 37:18 86:20 3:17 84:17 responsibilities [i] 43:15 responsibility pi 35:19 35:22 47:10 49:16 50:11 77:19 79:15 86:3 95:25 responsible [i] 35:15 Restate [S] 27:17 37:10 63:9 24:3 45:3 result pi 8:4 22:16 24:17 64:9 4:3 24:14 results [i7] 53:16 75:17 75:24 76:4 76:20 78:2 79:10 79:23 82:18 83:4 92:19 48:8 75:20 76:14 79:6 80:19 92:6 retained pi 102:18 62:19 retention [i] 58:23 retired p] 11:8 55:21 55:22 retrieve m 8:6 Retting [i] 55:4 Reuben p] 54:11 52:13 review [4] 28:11 32:7 87:11 87:15 reviewed [5] 28:9 33:9 84:2 28:8 35:4 reviewing [4] 51:23 61:11 62:22 83:16 Richard [q 55:6 62:23 67:24 67:24 95:10 49:2 63:11 68:24 right p9] 6:19 9:15 12:10 13:18 28:23 28:24 37:7 40:12 5:21 12:6 14:23 35:13 40:24 41:4 46:20 56:18 93:9 95:18 98:13 41:10 50:25 71:8 94:11 97:20 Rochester p] 105:22 role p] 40:24 48:18 52:18 69:7 71:18 88:8 roll [i] 31:2 Roughly [i] Roy [ioi] 2:4 9:1 10:1 11:1 13:1 14:1 16:1 17:1 19:1 20:1 22:1 23:1 25:1 26:1 28:1 29:1 31:1 32:1 34:1 35:1 37:1 38:1 40:1 41:1 43:1 44:1 46:1 47:1 49:1 50:1 52:1 53:1 55:1 56:1 58:1 59:1 61:1 62:1 64:1 65:1 67:1 68:1 70:1 71:1 73:1 74:1 76:1 77:1 79:1 80:1 82:1 83:1 85:1 86:1 88:1 89:1 91:1 92:1 94:1 95:1 97:1 98:1 100:1 101:1 103:1 104:4 105:8 rulep] 37:6 run [i2] 32:24 47:21 49:10 49:14 50:7 70:13 70:15 102:23 43:17 52:10 90:9 94:16 97:22 1:7 48:13 55:24 88:3 16:25 1:10 9:3 12:1 15:1 18:1 21:1 24:1 27:1 30:1 33:1 36:1 39:1 42:1 45:1 48:1 51:1 54:1 57:1 60:1 63:1 66:1 69:1 72:1 75:1 78:1 81:1 84:1 87:1 90:1 93:1 96:1 99:1 102:1 104:14 38:22 49:11 64:24 102:22 -s- S[4J 2:2 2:2 2:10 S-o-d-u-s [i] safe m 23:5 35:14 36:6 37:17 76:25 safety [is] 35:24 36:7 38:17 38:23 44:24 45:4 45:13 97:18 2:2 12:12 35:11 37:15 35:19 38:16 41:12 45:7 97:25 98:5 98:14 sale [i] 59:24 sales [i 79:22 Salomon [i3i 39:2 39:6 40:10 40:21 44:19 44:21 48:13 48:20 38:23 39:8 41:19 45:11 59:15 sample [] 43:14 56:17 57:12 61:13 62:16 91:16 samples [i9] 2:20 44:3 57:19 65:21 65:25 72:15 82:12 44:10 64:8 65:21 72:5 76:3 82:15 45:15 64:13 65:24 72:9 76:4 83:3 sampling rsi 2:20 45:5 74:21 75:14 91:16 sat [i] 94:10 satisfied p] 102:6 102:17 saw p] 50:13 73:21 74:3 89:7 89:13 91:14 50:16 85:5 91:9 scheduled [i] 7:7 science [1] 47:24 seal [i] 13:9 sealability pj 22:14 22:18 22:22 search p] 5:13 5:11 searching pj 7:18 second [] 6:8 6:20 39:14 73:4 73:4 80:11 Secretary [i] 84:14 section PJ 66:12 seeps] 4:17 6:7 6:13 6:20 9:21 30:5 36:15 49:8 49:12 57:22 61:15 65:20 67:22 70:8 72:22 73:25 76:3 82:11 85:3 86:20 50:8 57:22 65:10 65:22 68:7 71:2 72:24 74:19 79:16 82:14 85:17 87:7 50:9 57:24 65:11 66:10 69:14 72:10 73:20 75:2 79:23 82:17 86:19 90:2 101:18 seeing [i] 56:25 seeks [i] 92:19 Segal [i] 93:11 select p] 46:12 48:5 selected [4] 46:15 48:10 68:25 69:2 sellp] 18:19 Midtown Reporting Service (716) 325-2130 released - Sodus JANUARY 14, 1998 sends m 6:17 sensem 74:10 sent [6] 11:3 68:23 68:25 72:5 57:24 70:16 separate pj 98:2 5:23 series pj 52:9 serve [i] 95:5 served [i] 84:10 serves [i] 6.21 services p] 7:11 7:5 set [6] 5:22 32:24 50:7 84:17 8:6 84:9 sets p] 68:12 68:14 setup p] 75:7 75:11 75:12 seven p] 28:5 28:15 58:24 sheet as] 46:3 46:5 75:11 75:11 89:8 89:20 89:24 91:9 95:8 104:10 14:14 75:7 75:13 89:23 95:5 sheeters [i] 14:19 sheets p] 14:13 65:20 97:15 Sheltus pj 98:13 97:9 Sherbrooke pi 12:20 18:23 shipp] 57:16 shop [1] 46:6 shopped [i] 53:22 Shorthand p] 105:5 105:7 105:12 show [io] 25:18 27:10 63:17 84:20 88:15 101:3 25:17 61:16 88:7 101:7 showed p] 79:2 76:20 shown [i] 89:21 shows p] 91:17 83:3 signed p] 101:8 84:11 simple pj 92:12 simply p] 72:17 62:11 Singer pj 93:12 Sit [2] 94:15 95:18 sitting [i] 94:11 situation p] 66:17 six [4] 28:4 28:14 68:12 68:14 slightly [i] 82:3 slips [i] 63:19 Sodus p] 12:11 12:8 Index Page 9 sold - trip JANUARY 14, 1998 sold [7] 18:7 18:17 36:5 62:5 62:6 62:9 92:22 solely [i] 39:13 someone [2] 59:10 34:11 sometime [4] 18:6 45:14 90:8 91:10 somewheres [1] 19:24 sorry [3j 29:3 90:11 75:4 sort [3] 11:17 86:21 100:3 source [2] 73:18 73:9 sources m 95:21 South [i] 1:17 speak [4j 40:7 65:6 89:18 94:24 specific [5] 19:19 42:9 60:14 6:5 43:10 specifically pi 39:22 41:25 88:15 89:10 94:6 specification [2] 35:16 35:17 specifications [2] 35:11 35:18 specify [i] 80:21 spell [l] 28:21 spent [3] 11:18 11:22 11:24 spiral [io] 15:19 17:4 17:16 17:19 18:3 18:7 13:9 17:13 17:24 18:17 spoken m 48:20 sports [i] 60:16 spread [i] 73:14 stability [i] 36:10 Stack [5] 3:22 5:19 8-17 5:15 75:3 Staff [3] 52:14 54:15 54:16 stand [i] 66:20 standard [i] 70:12 stapled [i] 72:2 start [3] 13:2 31:20 16:2 started [12] 16:6 17:15 18:10 18:12 22:11 35:6 38:3 49:14 11:11 17:19 19:24 38:2 State [4] 8:25 85:6 105:3 105:6 States [2] 48:6 16:19 stayed [i] 64:2 steam [3] 49:10 6$: 19 66:20 67:6 70:13 STENOGRAPHER'S [l] 105:2 Stenotype pi 105:7 105:12 Steve [6] 3:16 19:3 33:15 63:3 65:6 78:13 STEVEN [l] 1:13 Stick [1] 68:20 Still [10] 14:6 17:8 20:13 49:4 50:2 58:25 59:19 14:10 39:3 58:3 STIPULATED [4] 3:2 3:5 3:7 3:11 Stock [2] 59:23 46:11 Stop [3] 14:17 49:15 49:16 stopped [i] 18:2 straight [i] 34:16 Street [3] 1:17 9:4 1:7 strike [3] 37:18 77:3 23:7 strong [l] 36:9 structuring [i] 36:23 stuck [i] 82:3 studied [3] 41:22 64:2 66:10 81:14 84:19 studies ps] 3:21 40:4 41:3 41:6 41:18 55:24 78:19 78:20 79:9 79:10 80:9 81:2 85:2 88:3 88:19 88:21 89:4 98:20 99:21 99:23 100:8 100:18 102:3 2:21 40:25 41:9 57:8 79:2 80:6 84:22 88:9 88:22 98:24 99:25 101:2 study [i9] 5:17 33:4 58:13 59:15 62:20 66:14 67:16 69:7 86:12 88:13 94:12 95:6 2:16 49:24 61:18 66:25 85:23 94:6 96:11 STURMAN [l] 1:6 Style [2] 32.22 82:13 styles [i] 66:18 subject [4] 43:10 69:8 69:11 69:14 subjected [i] 67:6 submit [i] 68:21 submitted [3] 61:13 62:14 68:19 70:5 70:6 subpoena [2] 3:24 4:7 Index Page 10 Condenselt!TM IN RE: MON MASS II Subscribed [i] 104:16 subsequent [2] 7:16 102:18 subsidiaries [i] 85:8 subsidiary [i] 15:10 substantiate m 27:10 such [io] 22:13 25:16 43:3 62:6 78:10 92:25 13:8 36:11 77:21 98:5 suggest [i] 53:22 suggesting [i] 27:7 Suite [i] 1:12 suits [11 83:10 supervised [i] 45:4 supplied m 66:6 67:3 89:2 89:2 50:10 88:21 89:3 supply [3i 4:7 38:21 47:21 support [2] 53:23 53:17 surfaces [i] 66:7 3 surprises m 9:19 Swansea [i] 1:22 swear [i] 3:13 swore p] 86:10 85:18 sworn [6] 8:23 84:6 84:11 92:9 104:16 105:9 -T- T [6] 2:10 8:21 2:2 2:10 table [2] 73:15 taking [4] 43:13 53:14 2:2 8:21 82:11 10:9 73:23 tear [2] 49:16 Technical pi 62:15 technician [$] 48:25 49:5 67:12 49:18 61:13 48:24 49:6 technician's [l] 81:20 Telephone m 1:21 telling [4] 34:6 34:13 34:15 50:16 temperature pj 36:10 70:14 ten [2] 14:21 22:17 test [70] 32:17 33:3 33:6 36:4 36:15 37:22 38:3 38:18 38:22 39:17 39:24 44:13 44:15 46:4 46:9 32:23 35:17 37:2 38:4 39:13 41:21 46:2 46:13 47:16 48:14 48:20 49:7 49:13 50:8 51:24 57:25 65:19 67:7 69:15 75:17 79:23 89:12 92:18 97:17 47:21 48:15 48:22 49:10 49:15 50:9 53:9 58:20 66:6 67:9 70:12 76:19 81:19 92:6 96:16 98:15 tested [3] 77:25 96:15 testified [io] 59:7 88:5 89:13 89:19 89:23 96:23 testify p] 9:16 86:2 testifying pi 72:17 90:15 testimony po] 5:13 14:3 72:14 84:6 89:17 92:9 94:10 94:15 95:3 96:3 96:19 96:24 104:5 testing [i9] 32:22 36:3 44:23 47:4 59:18 64:18 69:25 70:6 92:4 92.11 95:24 96:19 tests [66] 32:8 32:13 32:25 34:22 34:25 35:4 38:10 38:14 39:6 39:8 44:7 44:10 44:24 45:5 45:19 45:24 47:6 47:24 50:6 52:18 60:2 63:12 64:24 66:7 74:18 76:20 80:22 80:24 85:9 86:10 87:2 89:10 96:2 96:9 96:24 97:2 97:20 97:22 99:3 99:6 99:13 101:11 102:22 102:23 Texas p] 91:23 95:11 Textile p] 26:22 36:14 THpj 82:15 48:13 48:19 48:23 49:11 49:16 50:20 53:16 62:25 66:20 68:13 70:14 79:8 89:11 92:12 97:17 59:22 8:23 88:20 89:20 98:23 9:6 33:15 3:4 34:2 88:2 93:5 94:22 96:7 98:4 11:25 44:18 48:3 69:25 76:18 95.19 100:21 2:19 32:24 34:23 38:9 38:19 40:7 44:21 45:10 47:3 48:5 53:15 63:24 74:17 80:22 83:22 86:25 95:14 96:13 97:13 98:6 99:12 102:19 13:11 24:8 82:17 themselves m 65:7 thought [i] 14:8 three p 11:22 15:24 16:24 55:23 63:23 92:15 14:5 16:25 82:12 through [it] 36:2 38:5 64:25 67:4 74:22 74:23 105:10 8:8 60:13 72:16 102:11 tighter PI times [4] 22:17 24:9 22:14 10:23 92:15 title[l] 58:13 titled p] 52:7 102:3 102:4 today [40] 4:25 9:19 13:21 14:2 15:6 18:16 19:18 20:12 20:14 20:16 22:19 33:10 39:2 39:5 48:9 49:3 50:2 55:20 60:24 68:15 73:7 73:11 75:24 79:18 80:5 87:12 87:16 87:20 88:2 88:10 88:12 89:13 89:23 95:18 98:4 98:23 99:9 99:13 100:20 101:14 Today' S[l] 89:18 together p] 72:2 72:3 72:2 tomorrow [l] 40:15 tOO [6] 82:20 82:24 82:17 82:22 82:19 82:23 tookpj 38:20 top [3] 4:3 66:9 5:21 Toronto m 14:20 17:8 12.16 18:11 torque [i] 70:13 torqued [i] 82:22 trained [11 training [4] 43:10 43:13 44:3 42:9 44:9 transcript [S] 88:7 90:23 90:25 104:5 104:6 transcripts [i] 87:15 transferred [ij 16:21 Transmission [1] 61:15 transmittal m 6:22 trial [is] 1:5 9:12 19:16 39:20 40:13 56:7 77:12 93:19 93:25 103:3 3:9 39:19 56:5 93:16 94:7 trials [i]93:21 tricks [i] 73:5 trip [i] 64:8 Midtown Reporting Service (716) 325-2130 IN RE: MON MASS n Condenselt! TM OO vOrj trips [i] true [ii] 38:3 41:5 41:8 86:6 89:23 104:6 104:9 truth [i] 85:18 try [i] 48:5 trying [2] 53:21 turn [2] 65:19 turned U twisted [2] 34:17 two [12] 5:4 14:5 56:3 66:7 66:19 78:14 87:8 100:16 type [ii 13:25 25:10 25:12 55:15 55:15 82:7 92:19 typed [ii types p] 48:5 39:22 63:10 100:18 105:11 25:8 66:8 62:5 34:9 13:23 65:7 68:11 92:15 15:13 47:11 79:14 98:15 105:11 19:4 -u- ultimate [i] 64:10 Unbolt [1] under [9] 49:13 50:5 87:20 87:24 104:5 105:11 49:19 36:10 87:17 98:13 understand [q 19:10 26:10 26:13 26:15 26:19 64:9 69:10 87:20 unequivocally [i] 9:23 Union m 91:20 United PI 48:6 16:19 Unless [11 88:14 unreasonable [2] 90:12 90:22 up [13] 5:22 36:3 50:7 94:6 4:14 11:3 40:14 66:9 95:19 4:15 32:24 49:14 81:15 UPS[1] 68:15 used [9] 32:15 33:5 41:23 46:9 66:7 100:22 32:19 43:8 70:12 user [io] 21:6 35:12 35:15 37:17 57:21 77:24 79:4 21:14 36:6 77:2 users [l] 79:11 using [2] 74:10 36:8 utilizing [i] 66:22 -V- valves [i] Variables [i] variety [i] various [3] 60:6 101:12 Vera [ii] 24:23 25:6 25:20 26:7 27:21 28:19 36:12 verify [i] versus [3i 91:20 95:10 via [2] 1:21 Vice [2] 7:4 videotapes [i] Virginia [4] 9:7 10:12 visit [i] 68:10 visits [i] 22:15 66:10 68:13 24:9 24:14 25:9 27:2 31:25 6:8 84:10 68:15 79:21 92:16 1:2 10:23 66:5 -W- W [2] 2:2 8:21 W-h-i-t-t-a-k-e-r [i] 9:3 wait [12142:15 69:13 70:2 73:3 73:4 102:9 102:9 102:10 42:15 70:2 102:9 102:9 waived p] 3:6 3:4 waiving [i] 19:15 wants pi 77:12 1119 warning [is] 18:17 18:20 18:24 19:19 20:15 20:17 20:22 20:24 21:15 27:3 18:8 18:22 19:22 20:19 21:3 warnings [i] 19:17 water p] 66:20 66:19 Watson [io] 55:6 55:12 55:22 67:24 69:5 69:22 2:18 55:20 68:24 75:22 Watson's [i] 55:24 weather [i] 60:16 week [5] 62:25 64:2 64:18 68:16 75:15 week's m weeks p] 101:16 68:10 11:22 West [5] 1:2 1:12 9:7 10:12 10:23 Whittaker [122] 1:10 2:4 3:19 8:25 9:1 9:3 9:12 9:18 9:25 10:1 10:4 12:1 15:1 18:1 20:1 23:1 26:1 29:1 32:1 33:21 35:1 38:1 39:13 40:6 43:1 46:1 49:1 52:1 55:1 58:1 61:1 64:1 67:1 69:20 72:1 75:1 78:1 81:1 83:9 86:1 88:2 91:1 94:1 96:1 99:1 100:18 103:1 105:8 11:1 13:1 16:1 19:1 21:1 24:1 27:1 30:1 33:1 34:1 36:1 39:1 39:14 41:1 44:1 47:1 50:1 53:1 56:1 59:1 62:1 65:1 68:1 70:1 73:1 76:1 79:1 82:1 84:1 87:1 89:1 92:1 94:20 97:1 99:20 101:1 104:4 whole [i] William pj wire [3] 66:22 82:4 within P] 79:7 without [7] 100:4 witness m 3:13 8:22 39:12 104:2 woman p] WOODS [i] word [l] 85:3 words [i] wore [i] 50:4 worked m 11:24 72-8 30:3 30:14 worker [l] workers p] 45:2 Workers' m 28:15 28:25 30:11 32:2 world pj 46:20 46:24 worse [i] wound [io] 11:8 14:1 17:1 19:5 22:1 25:1 28:1 31:1 33:15 34:2 37:1 39:11 40:1 42:1 45:1 48:1 51:1 54:1 57:1 60:1 63:1 66:1 69:1 71:1 74:1 77:1 80:1 83:1 85:1 88:1 90:1 93:1 95:1 98:1 100:1 102:1 104:14 8:17 93:9 73:24 3:25 77:13 2:3 9:16 105'9 26:8 1:6 53:21 11:13 26-9 31:10 66:15 44:15 27:25 29:5 36:13 13:19 98:9 13:9 15:19 17:4 17:13 17:16 17:19 17:24 18:3 18:7 18:17 written p] 50:13 59:4 75:25 81:15 90:5 91:5 92:18 92:19 101:18 wrong pj 32:13 57:15 70:3 X [3] 2:10 -X- 2:2 2:10 -Y- Y[ij 8:21 year p] 16:19 16:24 18:2 32:6 35:7 95:10 years p4] 10:14 10:15 14:5 14:21 16:25 17:3 17:6 17:7 18:4 22:8 33:17 55:23 60:6 60:6 97:11 102:19 yetpj 9:8 York [i4] 2:16 12:5 54:22 58:14 105:22 5:18 12:8 54:25 105:3 yourself [i] 16:20 20:10 61:10 4:2 11:13 15:25 17:5 17:12 26:5 58:24 92:11 1:7 9:4 52:14 55:2 105:6 44:7 -Zzipm 9:5 Midtown Reporting Service (716) 325-2130 trips - zip JANUARY 14, 1998 Index Page 11