Document oevBzgaNQv7ZJgD65RGrndLbE

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 20 21 22 23 24 25 REPORTED BY: 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. 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 14 swear in*the w*itness*. 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 3 Q- Garlock is an international company, isn't it? 4 190 Parrish Street, Canandaigua, New York. It's 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. 8 Q- Sodus, New York? 9 MR. CRICK: Okay. It's my 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 12 Q- S-o-d-u-s? 3 one of the names that was provided to us. 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 16 Q- Toronto, Canada? 7 representative -- corporate representative, it 17 A. Yes. 8 will be Mr. Whittaker. And certainly after 18 Q Dusseldorf, Germany? 9 today there should be no surprises because 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 22 Q- Australia? 3 on the record unequivocally that ifwe bring 23 A. Yes 4 in a corporate representative, it will be Mr. 24 Q- Great Britain? 5 Whittaker and no one else. 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. 11 A. 12 Q- Do you know if that included cloth? 13 Q- Are there any other plants besides the ones we have 14 listed? 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? 17 A No, I do not. 18 Q- It was making it before you arrived in 1953,1 take it? 19 A I believe it was when we moved the sheeters and 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. 2 Tell me again the year that Garlock stopped making 3 Q- And the company now is called Garlock, Inc.? 4 MR. LEVINTHAL: Which company? 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 IN RE: MON MASS O Condenselt! JANUARY 14, 1998 Page 25 1 ROY WHITTAKER - BY MR. CRICK ROY WHITTAKER - BY MR. CRICK Page 28 2 the form of that only because you are assuming 3 that there was a relationship. He's answered against Garlock in which employees allege that they had 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 19 please go ahead and show it to him and ask him questions. If you don't, then let's move on. 18 Q19 And I will ask you one last time, can you name any of 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? 21 Q Can you spell that last name? 22 A. No, I don't. 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 vour 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 3 Q- B, sorry. B-e-a-d-l-e? 4 something like that or later and then went back in 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 5 Q- When did Mr. Beadle file his Workers' Compensation 6 claim? 7 Vera Clemons' claim that I have been mentioning with 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? 10 say for sure. 11 A. Yes? I do. 11 y He brought his claim in the '50s or '60s? 12 Q. And that claim was brought in the early 1950s; do you 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. 17 Q To the best ofyour -- your best estimate, it would 18 Q. -- Mr. Houten was a member of the ATI on behalf of 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. 15 Control inspector. 16 Q. Please answer the question, sir. 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! IX IN RE: MON MASS n 1 ROY WHITTAKER - BY MR. CRICK 2 Q New York City office? 3 A City office. 4 Q- Mr. L.D. Retting, R-e-t-t-i-n-g; who is that person? 5 A I do not know. 6 Q- Richard Watson; who was he? 7 A He was a paralegal at Garlock Palmyra. 8 Q- Did he also work in patents? " 9 A. Yes. 10 Q. Did he actually hold any patents? 11 A. Yes, he did. 12 Q- What patents did Mr. Watson hold? 13 A. That was a long time ago. I don't now remember what 14 they were. 15 Q- The general type of products, do you know what type of 16 patents he held? " 17 A. No, I do not. 18 Q Were those patents that he assigned to Garlock? 19 A. Yes. 20 Q- Where is Mr. Watson today? 21 A. He's retired and lives in Palmyra. 22 Q Do you know when Mr. Watson retired? 23 A Three years ago. 24 Q- What was Mr. Watson's role in the McCrone studies? 25 A I believe he was the one that actually asked me to have Page 58 ROY WHITTAKER - BY MR. CRICK 2 A No, I did not. " 3 Q- Do you know if Garlock still has those gaskets? 4 A No, I do not. 5 Q- Do you know who those gaskets were provided to after 6 McCrone did its analysis? 7 A No. 8 Q They were provided to Carl Mangold, weren't they? 9 MR. levinthaL: Objection to die form. 10 A. I don't know for sure. 11 Q. Let me hand you Exhibit No. 4. Can you tell me what 12 that document is, sir? 13 A The title is "McCrone File, ME-1537 Study at Palmyra, 14 New York (1985)." 15 Q And that file concerns McCrone's work in 1985 on the 16 release of asbestos fibers from Garlock gaskets, does 17 it not? 18 A. Yes. 19 Q- And did this file come from Garlock's file cabinet? 20 A. This is our functional test laboratory reports in some 21 cases. 22 Q Where do you keep those reports at, sir? 23 A We have a rec retention policy at Garlock and these 24 records are kept for seven years and then destroyed. 25 Q- Do you still have your copy of McCrone's 1985 report? 1 ROY WHITTAKER - BY MR. CRICK 2 the lab available and material available. 3 MR. CRICK: I want to take a two minute 4 break. 5 fWhereupon the Examination Before Trial recessed at 6 10:20 a.m.) 7 (Whereupon the Examination Before Trial reconvened at 8 10:25 a.m.) 9 10 Q 11 12 S/hereupon the reporter read back the last question.) t me hand you Exhibit No. 3. Con you tell me wnat is in this group of documents marked Exhibit 3? MR. levinthaL: Do you want him to 13 identify it first, the file number? 14 Q Just identify it for us. 15 A It's McCrone file me-1322. 16 Q- And McCrone file me-1322 concerns McCrone's analysis c 17 bulk sample material for Garlock in November of 1984; 18 is that right? 19 MR. LEVINTHAL: Objection to form. 20 Go ahead and answer it. 21 A. Yes, it does. 22 Q. And you just learned of that fact in the last few 23 months, that McCrone had actually done that work? 24 A. In the last few months -- I was aware of McCrone prior 25 to that, but of seeing the data and so forth on Page 59 1 ROY WHITTAKER - BY MR. CRICK 2 A. I never had a copy of my own. 3 Q- You indicated that you read a copy of that report at or 4 about the time that tt was written in 1985. Who 5 provided that copy to you? 6 A That I read it in 1985? 7 Q- That's what you testified earlier. 8 A. Okay. I don't know who provided that report. That was 9 a long time ago. I don't know. 10 Q- Were you asked to icad that rcpoi t by someone? 11 A. No. I guess they just gave it to me to look at at that 12 time. 13 Q- What did you do with your copy? 14 A I did not keep a copy. 15 Q Did you talk about mat study with Mr. Salomon after 16 the work was completed? 17 A. No, I did not. 18 Q Now, in 1985 when the McCrone testing was performed, 11? Garlock was still making asbestos containing gaskets, 20 wasn't it? 21 A. Yes. 22 Q. And in fact, the products that were tested were 23 products that came from the stock that was intended for 24 sale to the public? 25 A. Yes. Page 57 Page 60 1 2 3 Q4 ROY WHITTAKER - BY MR. CRICK McCrone, yes, it was just in the last -- recently. Let me ask a better question. You just learned in the last few months that 1 2 Q3 4 ROY WHITTAKER - BY MR. CRICK ' Now, at the time ot the tests, were you familiar, sir, with what the current OSHA permissible exposure level 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 10 A. Yes. 10 11 Q. With regard to Exhibit 3, do you know why Garlock asked 11 people to a level of asbestos that exceeded the permissible exposure level? MR. LEVINTHAL: Objection to the form. 12 McCrone to do bulk sample analysis on that material? 12 A 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 analwed came from . 15 Q. Just in general conversation: like they would talk 16 a ship called "The GYPSIE"; is that correct? 16 about tne 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 25 was part of this 1984 test? 24 Q. What is the permissible exposure level today? 25 A. .2 -.02 -.2. Page 55 - Page 60 Midtown Reporting Service (716) 325-2130 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 10 Q. You understand that McCrone Environmental actually did 10 analysis concerning those samples. Have you ever seen 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 K19 20 Q. ereupon there was a brief pause in the proceeding.) ; you seen that document before, sir? 21 Environmental did the work that was requested by 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 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? 5 A. Not that I saw so far. 4 that's completely die opposite of what you have 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. 6 y. You know the difference between true and false, don't 5 Q. But you read the report in 1985, the June 3rd, 1985 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 Page 91 Page 94 1 ROY WHITTAKER - BY MR CRICK 1 ROY WHITTAKER - BY MR. CRICK 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 2 I don't know whether he did or not. 3 asked this on page 48: 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." 8 correction sheet. 9 Do you recall giving; that sworn testimony in 1994? 10 A Yes, but all the reports 1 have seen at Garlock over 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? 11 A 12 Q. The tests that were commissioned by Garlock itself, the 10 11 12 wait. Objection to the form. And let him look through that because that's not correct 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 2:13 105:10 10 [3] 17:7 18:4 100-102 m 8:8 17:12 2:6 101 m 2:23 105 m 105:10 10:20 m 10:25 m lllm 1:17 11:52m 56:6 56:8 103:4 12 [4] 1:22 17:12 18:4 13 [] 67:22 69:22 70:10 71:16 13th pi 67:23 14 [4] 1:7 104:6 105:8 14424 m 14th m 7:15 15th[2] 1:17 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 17:7 69:8 70:17 72:6 7:3 9:5 7:16 105:23 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] 2:13 .2:15 2:16 2:22 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] 2:20 44:3 45:15 61:13 62:15 74:21 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 among i[il amount m 12:5 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 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 1:16 7:12 61:24 62:9 102:3 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] 77:9 98:16 104:7 answers [i3] 83:22 84:2 85:17 85:18 86:5 86:17 88:24 88:25 25:3 98:17 83:17 84:14 85:20 88:9 104:8 anticipate m 68:15 anyplace [2] 74:9 appear [5] 9:12 39:5 74:13 48:22 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] 1:12 1:16 1:21 26:18 behind pi 57:13 3:22 belonged [i] 26:2 below pi 82:17 Bennett pj 62:24 63:11 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 66:12 branding [i] 62:13 break p] 56:4 breathing pi 22:5 22:25 23:10 brief [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 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] 82:4 brushing pi 66:22 73:24 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 chasing [i] 76:17 79:16 79:23 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 84:9 87:10 91:19 92:2 94:2 97:9 97:19 87:9 91:23 95:10 cases m 10:16 23:14 62:10 83:18 4:4 58:21 87:9 catalogues [l] 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] 7:12 15:7 15:10 52:14 52:16 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 76:18 79:9 99:12 99:22 99:23 100:8 100:13 100:19 100:21 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 5:25 7:3 7:14 10:7 52:12 53:4 53:25 77:11 94:21 99:24 100:6 105:15 105:16 County [5] 1:2 91:23 95:11 105:3 105:6 couple pi 5:8 6:24 10:14 10:15 11:20 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] 1:13 2:4 2:6 4:19 5:15 6:4 6:16 8:10 8:19 8:24 9:1 9:9 10:1 10:2 10:13 10:17 10:19 10:24 11:1 11:3 11:6 11:7 12:1 13:1 14:1 15:1 15:16 16:1 17:1 18:1 19:1 20:1 21:1 22:1 23.1 24.1 25.1 26:1 27:1 27:18 28:1 29:1 30:1 31:1 32:1 33:1 33:20 33:23 34:1 34:6 34:10 34:18 35:1 36:1 37:1 37:11 38:1 39:1 39:21 40:1 40:9 40:14 41:1 42:1 42:3 42:18 42:25 43:1 43:22 44:1 45:1 46:1 47:1 48:1 49:1 50:1 51:1 52:1 53:1 54:1 54:8 55:1 56:1 56:3 57:1 58:1 59:1 60:1 61:1 62:1 63:1 64:1 65:1 66:1 67:1 68:1 69:1 69:18 70:1 70:22 71:1 71:5 71:9 71:24 72:1 73:1 74:1 75:1 75:2 76:1 77:1 77:6 77:15 78:1 79:1 80:1 80:10 80:15 80:17 81:1 82:1 83:1 84:1 85:1 86:1 86:15 86:19 87:1 88:1 88:16 89:1 90:1 90:14 91:1 92:1 93:1 94:1 95:1 96:1 97:1 98:1 99:1 99:16 99:21 100:2 100:16 100:17 101:1 102:1 102:24 103:1 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] 60:3 76:4 76:11 76:21 83:6 83:8 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 97:7 99:7 105:8 95:9 97:9 101:5 96:18 98:13 104:8 depositions m 41:16 87:8 87:11 87:17 87:23 88:18 99:3 describe p] 92:20 96:9 99:3 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 develop [2] 3:12 105:5 105:20 23:18 22.17 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 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 84:12 done [ii] 18:23 21:21 44:18 44:23 67:12 86:17 95:20 18:9 38:12 56:23 92:4 down m 49:18 66:12 91:23 101:8 49:17 82:17 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] 16:5 16:25 17:6 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] 21:11 30:17 30:21 31:4 31:7 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 extent [5] 32:11 33:16 47:16 21:17 60:5 60:21 66:15 76:21 83:6 28:11 40:7 -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 8:16 11:21 19:10 22:9 44:14 62:13 8:12 13:2 43:2 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 56:25 91:14 92:11 forward [l] 68:12 forwarded m 68:15 found pi 98:19 78:2 founding [2] 24:7 24:11 four p] 93:14 93:25 94:7 frame [5] 19:25 29:7 45:14 18:6 32:16 freem 9:20 Friday [i] 7:7 full [4] 80:12 80:19 82:13 86:15 functional [5] 32:23 58:20 65:19 67:9 98:2 functioned [i] 57:22 future a] 53:14 -O gain pi 100:13 Garlock [m] 3:20 3:21 4:8 4:9 5:18 5:25 6:2 7:3 7:14 7:15 8:6 9:11 11:9 11:13 11:19 11:25 12:14 13:7 15:3 15:7 1:16 4:5 4:18 5:25 7:ll 8:2 9:16 11:15 12:3 14:22 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 21:24 24:2 24:15 26:19 27:23 30:13 32:7 32:17 35:16 35:24 37:14 39:12 41:7 42-2 44:13 45:2 45:18 47:22 49:23 51:3 51:22 19:13 23:9 24:4 25:25 27:2 28:2 32:3 32:8 33:4 35:19 36:4 38:5 39:18 41:10 44:9 44:15 45:5 45:19 48:9 50:2 51:5 52:10 20:19 23:21 24:7 26:9 27:22 28:16 32:6 32:13 35:6 35:22 36:15 39:3 39:23 41:21 4411 44:25 45:7 47:12 49:4 50:21 51:15 52:12 53:4 53:22 56:17 57:18 58:16 53:8 55:7 57:8 57:21 58:23 53:16 55:18 57:11 58:3 59:19 60:16 61:19 62:7 62:9 62:11 62:16 62:18 63:24 64:19 64:23 66:18 67:6 67:8 67:24 68:13 74:16 75:20 76:14 76:17 77:19 77:22 77:24 78:20 78:21 78:22 79:8 79:11 79:15 80:5 80:6 80:25 81:2 81:6 81:16 83:10 83:17 83:21 84:2 84:10 84:15 84:18 86:10 86:11 87:3 89:10 92:7 92:10 92:23 93:15 93:19 93:22 93:24 95:19 95:22 95:23 96:10 97:12 97:16 99:4 99:12 99:22 99:23 99:24 100:20 101:8 101:22 101:23 102:17 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] 7:4 55:15 60:13 60:15 87:13 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 51:3 51:15 52:25 53:2 102:7 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] 45:25 59:3 69:24 70:6 91:3 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] 9:6 24:15 27:21 83:10 83:14 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] 59:23 85:12 interested p] 53:16 57:18 105:17 international [i] Inc m 1:16 7:12 12:3 15:10 84:10 84:15 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] 32:22 49:4 49:5 50:12 56:2 67:12 70:12 89:2 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 17:21 22:11 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 46:19 leakage [ij 70:15 learn [2] 41:3 learned [3] 56:22 57:4 least [3] 16:15 80:13 leave [3j4:i4 72:3 leaving [i] led [ii 10:7 left [2] 35:20 legal [6] 52:12 86:2 87:6 100:6 lengthy [ii 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 44:5 41:6 17:23 37:14 35:10 35:23 53:4 99:24 92:2 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 41:19 53:17 80:13 83:21 86:18 100:19 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] 7:5 79.21 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 matter [l] 6-3 66:4 76:25 81:21 105:9 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 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 10:19 ME-1322 [4] 2:15 2:23 56:15 56:16 ME-1537 [3] 2:16 5:17 58:13 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] 92:20 45:5 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] 28:14 65:4 87:14 mention [3] 95:6 96:11 98:20 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 2:2 2:10 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 Condenselt! TM 63:15 69:5 73:18 75:22 78:11 90:12 101:3 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] 2:12 6:9 56:13 67:7 70:15 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 MeCrone's - particular JANUARY 14, 1998 87:20 87:20 87:24 OSHA [2] 98:13 104:5 61:7 60:3 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 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] 38:18 38:19 OVIATT [l] 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] 9:4 part [14] 38:20 47:20 51:25 53:13 57:25 66:14 67:11 81:19 89:8 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 Midtown Reporting Service (716) 325-2130 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] 55:8 55:10 55:12 55:16 55:18 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 10:12 10:22 11:2 problem p] 30:25 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 4:11 5:10 73:6 producing pj 73:17 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 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] 93:16 93:24 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] 3:24 6:3 7:9 8:19 10:11 75:20 recent [3] 13:15 51:11 90:7 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 12:20 15:23 16:22 16:24 20:6 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] 3:20 4:8 7:10 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 21:24 23:14 49:23 66:19 81:17 81:22 82:4 removing m 22:4 23:9 49:21 66:16 73:23 78:10 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 49:2 55:6 62:23 63:11 67:24 67:24 68:24 95:10 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] 44:3 44:10 57:19 64:8 65:21 65:21 65:25 72:5 72:15 76:3 82:12 82:15 2:20 45:15 64:13 65:24 72:9 76:4 83:3 sampling rsi 45:5 74:21 91:16 sat [i] 94:10 2:20 75:14 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 seeps] 4:17 6:13 6:20 30:5 36:15 49:12 50:8 57:22 57:22 61:15 65:10 65:20 65:22 67:22 68:7 70:8 71:2 72:22 72:24 73:25 74:19 76:3 79:16 82:11 82:14 85:3 85:17 86:20 87:7 101:18 66:12 6:7 9:21 49:8 50:9 57:24 65:11 66:10 69:14 72:10 73:20 75:2 79:23 82:17 86:19 90:2 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 57:24 68:23 68:25 70:16 72:5 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] 14:14 46:3 46:5 75:7 75:11 75:11 75:13 89:8 89:20 89:23 89:24 91:9 95:5 95:8 104:10 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$: 19 66:20 67:6 70:13 STENOGRAPHER'S [l] 105:2 Stenotype pi 105:7 105:12 Steve [6] 3:16 19:3 33:15 63:3 65:6 78:13 STEVEN [l] 1:13 Stick [1] 68:20 Still [10] 14:6 17:8 20:13 49:4 50:2 58:25 59:19 14:10 39:3 58:3 STIPULATED [4] 3:2 3:5 3:7 3:11 Stock [2] 59:23 46:11 Stop [3] 14:17 49:15 49:16 stopped [i] 18:2 straight [i] 34:16 Street [3] 1:17 9:4 1:7 strike [3] 23:7 37:18 77:3 strong [l] 36:9 structuring [i] 36:23 stuck [i] 82:3 studied [3] 41:22 64:2 66:10 81:14 84:19 studies ps] 3:21 40:4 41:3 41:6 41:18 55:24 78:19 78:20 79:9 79:10 80:9 81:2 85:2 88:3 88:19 88:21 89:4 98:20 99:21 99:23 100:8 100:18 102:3 2:21 40:25 41:9 57:8 79:2 80:6 84:22 88:9 88:22 98:24 99:25 101:2 study [i9] 5:17 33:4 58:13 59:15 62:20 66:14 67:16 69:7 86:12 88:13 94:12 95:6 2:16 49:24 61:18 66:25 85:23 94:6 96:11 STURMAN [l] 1:6 Style [2] 32.22 82:13 styles [i] 66:18 subject [4] 43:10 69:8 69:11 69:14 subjected [i] 67:6 submit [i] 68:21 submitted [3] 61:13 62:14 68:19 70:5 70:6 subpoena [2] 3:24 4:7 Index Page 10 Condenselt!TM IN RE: MON MASS II Subscribed [i] 104:16 subsequent [2] 7:16 102:18 subsidiaries [i] 85:8 subsidiary [i] 15:10 substantiate m 27:10 such [io] 22:13 25:16 43:3 62:6 78:10 92:25 13:8 36:11 77:21 98:5 suggest [i] 53:22 suggesting [i] 27:7 Suite [i] 1:12 suits [11 83:10 supervised [i] 45:4 supplied m 66:6 67:3 89:2 89:2 50:10 88:21 89:3 supply [3i 4:7 38:21 47:21 support [2] 53:23 53:17 surfaces [i] 66:7 3 surprises m 9:19 Swansea [i] 1:22 swear [i] 3:13 swore p] 86:10 85:18 sworn [6] 8:23 84:6 84:11 92:9 104:16 105:9 -T- T [6] 2:10 8:21 2:2 2:10 table [2] 73:15 taking [4] 43:13 53:14 2:2 8:21 82:11 10:9 73:23 tear [2] 49:16 Technical pi 62:15 technician [$] 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 47:21 48:15 48:22 49:10 49:15 50:9 53:9 58:20 66:6 67:9 70:12 76:19 48:13 48:19 48:23 49:11 49:16 50:20 53:16 62:25 66:20 68:13 70:14 79:8 79:23 89:12 92:18 97:17 81:19 92:6 96:16 98:15 89:11 92:12 97:17 tested [3] 59:22 77:25 96:15 testified [io] 8:23 59:7 88:5 88:20 89:13 89:19 89:20 89:23 96:23 98:23 testify p] 9:6 9:16 86:2 testifying pi 33:15 72:17 90:15 testimony po] 3:4 5:13 14:3 34:2 72:14 84:6 88:2 89:17 94:10 95:3 96:19 92:9 94:15 96:3 96:24 93:5 94:22 96:7 98:4 104:5 testing [i9] 32:22 36:3 44:23 47:4 59:18 64:18 11:25 44:18 48:3 69:25 69:25 70:6 76:18 92:4 92.11 95.19 95:24 96:19 100:21 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 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 96:2 96:9 96:13 96:24 97:2 97:13 97:20 97:22 98:6 99:3 99:6 99:12 99:13 101:11 102:19 102:22 102:23 Texas p] 13:11 91:23 95:11 Textile p] 24:8 26:22 36:14 THpj 82:15 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 72:2 72:3 tomorrow [l] 40:15 tOO [6] 82:17 82:19 82:20 82:22 82:23 82:24 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 44:3 training [4] 42:9 43:10 43:13 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 3:9 9:12 19:16 39:19 39:20 40:13 56:5 56:7 77:12 93:16 93:19 93:25 94:7 103:3 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 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 OO vOrj 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] 22:15 Variables [i] 66:10 variety [i] 68:13 various [3] 24:9 60:6 101:12 Vera [ii] 24:23 25:6 25:20 26:7 27:21 28:19 36:12 24:14 25:9 27:2 31:25 verify [i] 6:8 versus [3i 84:10 91:20 95:10 via [2] 1:21 68:15 Vice [2] 7:4 videotapes [i] Virginia [4] 9:7 10:12 79:21 92:16 1:2 10:23 visit [i] 68:10 visits [i] 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 warnings [i] water p] 66:20 Watson [io] 55:6 55:12 55:22 67:24 69:5 69:22 Watson's [i] weather [i] 18:8 18:22 19:22 20:19 21:3 19:17 66:19 2:18 55:20 68:24 75:22 55:24 60:16 week [5] 62:25 64:18 68:16 week's m weeks p] 101:16 West [5] 1:2 9:7 10:12 64:2 75:15 68:10 11:22 1:12 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 11:1 12:1 13:1 15:1 16:1 18:1 19:1 20:1 21:1 23:1 24:1 26:1 27:1 29:1 30:1 32:1 33:1 33:21 34:1 35:1 36:1 38:1 39:1 39:13 39:14 40:6 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 69:20 70:1 72:1 73:1 75:1 76:1 78:1 79:1 81:1 82:1 83:9 84:1 86:1 87:1 88:2 89:1 91:1 92:1 94:1 94:20 96:1 97:1 99:1 99:20 100:18 101:1 103:1 104:4 105:8 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 -X2:2 2:10 -Y- Y[ij 8:21 year p] 16:19 16:20 16:24 18:2 20:10 32:6 35:7 61:10 95:10 years p4] 4:2 10:14 10:15 11:13 14:5 14:21 15:25 16:25 17:3 17:5 17:6 17:7 17:12 18:4 22:8 26:5 33:17 55:23 58:24 60:6 60:6 92:11 97:11 102:19 yetpj 9:8 York [i4] 2:16 5:18 12:5 12:8 54:22 54:25 58:14 105:3 105:22 1:7 9:4 52:14 55:2 105:6 yourself [i] 44:7 -Zzipm 9:5 Midtown Reporting Service (716) 325-2130 trips - zip JANUARY 14, 1998 Index Page 11