Document pmMmXndpv4L45M7obLDd6y7J6

Multi-PageTM 1 IN THE CIRCUIT COURT FOR BALTIMORE CITY ***BA*LTIMO*RE, M*ARYL*AND *** ALVIN WRIGHT, et.al., Plaintiffs v. LEAD INDUSTRIES ASSOC., INC., et.al., Defendants ****** * Case No. 94363042/ * CL190487 * * * ***** ALLEN WRIGHT, et.al., Plaintiffs v. LEAD INDUSTRIES ASSOC., et.al.. Defendants INC., * Case No, 94363043/ * CL190488 * * * Judge Ellen Heller sz-iu & DEPOSITION OF JEROME F. SMITH The Deposition of Jerome F. Smith was held in the above-captioned cases on Tuesday, March 26, 1996, commencing at 9:09 a.m., at the Law Offices of Peter G. Angelos, 300 East Lombard Street, Baltimore, Maryland 21202, and was reported by Bonnie Gahagan, a Notary Public. EVANS REPORTING SERVICE 2422 Southwest Road Baltimore, Maryland 21234 (410) 882-0208 Evans Reporting Service N39083 1 APPEARANCES: 2 RONALD RICHARDSON, ESQUIRE, 38 5 MApRKLd. SULaLIVAN, ESQ~UIRElin 7 Oq S^1i o*/tteB^aidant, Lead Industries ^ Association, Lnc. range s q u ir e 3yv Park Avenue 10 New York, New York 10022*4690. ^ ^ On Bekauof the Defendant* Atlantic Richfield 12 G. MARC WHITEHEAD. ESQUIRE 15 WILLIAM R. SKALLERUD. ESQUIRE and 16 & Kaufman 222&uthJSinth Street ! C^lKllngcrsc,1 . 2. EX Dupont DC Multi-PageTM Page 2 1 APPEARANCES (CONTINUED) 2 JOSEPH M. DAVID. 1*. ESQUIRE l k'iiaLiSSsKsi^wni.. 9 & Maclue " Sclmmann > ifeiaa.*. 14 15 16 17 18 19 20 21 Page 3 Page 4 Page 5 1 PROCEEDINGS: 1 MR. KENNEALLY: Frank Kenneally on behalf of 2 THE VIDEOGRAPHER: This is the deposition 2 Sherwin-Williams, 3 of Jerome Smith in the matter of Allen Wright, et al. 3 MR. DAVID: Joe David on behalf of Sherwin- 4 versus Lead Industries Association, Inc., et al. Case 4 Williams. 5 Number 94363042/CL190487. 5 MR. CALDWELL: Adam Caldwell on behalf of 6 The Court Reporter is Bonnie Gahagan 6 Doe Run. 7 employed by Evans Reporting Service. The Videographer 7 MR. CURTIS: Philip Curtis on behalf of 8 is Lynne Livingston, employed by Deposition 8 Atlantic Richfield. 9 Specialists. 9 MR. SULLIVAN: Just to complete the record, 10 MR. RICHARDSON: For the plaintiffs, this is 10 I have been told that NL industries will not be having 11 Ronald E. Richardson. 11 someone in attendance and neither will Fuller 12 MR. SULLIVAN: I am Mark L. Sullivan. I am 12 O'Brien. 13 the attorney for Lead Industries Association, Inc. 13 Any objections that will be made today will 14 MR. WHITEFORD: Thomas Whiteford on behalf 14 be -- is applicable to them for all purposes for all 15 of A. Bauer and Company. 15 defendants. 16 MR. WHITEHEAD: Marc Whitehead on behalf of. 16 MR. SKALLERUD: Okay. n Glidden. 17 MR. SULLIVAN: Just in keeping with the 18 MR. SKALLERUD: william Skallerud on behalf 18 other stipulations that we have had m the past, I 19 of Glidden. 19 presume that all objections and motions to strike 20 MR. DONOGHUE: Paul Donoghue on behalf of 20 should be made at this time as opposed to reserve for 21 Schumann Hardware. 21 the time at trial. Page 6 Page 7 1 Is that okay? 1 As to all of those, we will stipulate that 2 MR. RICHARDSON: That is fine. 2 those are true and accurate copies of those 3 Are you going to make a statement as to the 3 documents. 4 documents produced by -- 4 As to the documents which I gave you 5 MR. DAVID: I am sorry, just before you get 5 yesterday which were documents that were found in the 6 started on that, did you indicate that stipulation, 6 files of ILZRO, we originally believed to be ILZRO 7 objections for one is objections for all? 7 documents, but on further review we believe those to 8 MR. RICHARDSON: Yes. 8 be L.I.A. and those are true and accurate copies of 9 MR. DAVID: I am sorry. 9 the documents that we found in those ILZRO files. 10 MR. SULLIVAN: in order for the documents 10 MR. RICHARDSON: when you say ILZRO, what 11 we have produced -- in order to save some time, we can 11 does that stand for? 12 stipulate that the documents that you have are 12 MR. SULLIVAN: l am sorry, International 13 accurate copies of documents that have been retained 13 Lead Zinc Research Organization. 14 in the files of the Lead Industries Association. 14 MR. RICHARDSON: I will not ask the deponent 15 You have received copies of the minutes of 15 any questions on the documents produced by L.I.A., not 16 the Board of Directors, copies of the minutes of the 16 for the identification. 17 Executive Committee, and then you received copies of 17 MR. SULLIVAN: YOU may. 18 other documents which were maintained on a microfilm, 18 MR. RICHARDSON: Because I did receive 19 and we have given you selected copies of those that we 19 documents from L.I.A. yesterday afternoon, the 20 felt would be applicable to your request for 20 plaintiffs must at least reserve their right to at 21 production. 21 least reopen the deposition should the review of the Evans Reporting Service Page 2 - Page 7 Multi-PageTM Page 8 1 documents reveal any issues that have not been 1 Q Good morning. 2 addressed today at the deposition. 2 A Good morning. 3 I do not expect that to happen today since 3 Q Would you state your full name for the 4 based on your representation that these are dated in 4 record, please. ' the '70s, and they do not raise any new issues that 5 A My name is Jerome F. Smith. , will not be discussed today and until I can review 6 Q You have been deposed before, have you not? 7 those documents and say one way or the other, I 7 A I have. 8 believe I must reserve the right to reopen the 8 Q On how many occasions? 9 deposition should there be something in those 9 A Twice. to documents and the deposition would only be limited to 10 Q Twice. Were those in lead-related cases? 11 whatever was new and addressed in those documents 11 A That is correct. 12 produced yesterday afternoon. 12 Q Did those involve suits against the lead 13 MR. SULLIVAN: That is satisfactory. Thank 13 industry? 14 you. 14 A Yes. 15 Whereupon, 15 Q Was the L.I.A. a defendant in both of those 16 JEROME F. SMITH, 16 cases? 17 die witness herein, being first duly sworn to testify the 17 A Yes. 18 truth, the whole truth, and nothing but the truth, was 18 Q And which cases were they? What was the 19 examined and testified as follows: 19 name of the cases, if you know? 20 EXAMINATION 20 A The one was the Santiago case in 1989, and 21 BY MR. RICHARDSON: 21 the other-- Page 9 Page 10 Page 11 1 Q Do you remember which city it was in? 1 And if you don't understand any of my 2 A Oh, it was New Orleans. 2 questions or for that matter if you don't understand 3 Q Okay. So you probably are familiar with 3 anyone's question, please ask them to rephrase it, and 4 these ground rules, but let me just go over them with 4 lam sure everyone will be more than happy to do so s you very quickly. 5 because if you don't do that and you answer the 6 All of your answers have to be verbalized. 6 question, it will be assumed that you understood the 7 You can't nod your head or make motions because the 7 question. 8 Court Reporter won't be able to take those down 8 A All right. 9 accurately. 9 Q Now, what is your -- are you currently 10 At any time during the day if you want to 10 employed by the L.I.A.? 11 take a break, just say so and we will stop and take a 11 A I am. break. 12 Q So what is your business address? > This deposition will probably take all of 13 A Business address is 295 Madison Avenue, New 14 today, so at any time you want to take a break, feel 14 York, New York 10017. 15 free to just say so and we will do that. 15 Q And your home address? 16 A AH right. Thank you. 16 A My home address is 37 Friends, 17 Q You have to wait until I finish asking the 17 F-r-i-e-n-d-s, Lane in Westbury, New York 11 -- excuse 18 questions, and I will wait until you finish answering 18 me, 11590. 19 the question so that the Court Reporter can, again, 19 Q And your date of birth, sir? 20 take everything down in such a way that it is not 20 A I was bom November 7, 1934. 21 confusing. 21 Q Would you like some water or something? Page 12 Page 13 1 A I have a little left. 1 college? 2 Q You have got some left? 2 A From time to time, I have taken courses in 3 Beginning with high school, what high school 3 metallurgy and other things in New York. 4 did you go to? 4 (Whereupon, Smith DepositionExhibit Number 5 A I went to Abraham Lincoln High School in 5 1 was marked for identification.) 6 Council Bluffs, Iowa. 6 BY MR. RICHARDSON: 7 Q Are you from Iowa? 7 Q I am going to show you what has been marked 8 A Yes. 8 as Exhibit Number 1. It is a copy of a notice. 9 Q And did you obtain any education after high 9 Now, this notice will not reflect the actual 10 school? 10 date of your deposition since that has changed since 11 A Yes. I went to college. 11 that notice came out, but I would like you to just 12 Q Where? 12 take a moment and look at that and just let me know if 13 A University of Miami in Miami, Florida. 13 you have seen that before? 14 Q And did you obtain a Bachelor degree? 14 (Whereupon, document tendered to witness.) is A I did. 15 A Yes, I have. 16 Q In? 16 Q You understand that that notice is not to 17 A Bachelor of Science in geology, minor in 17 you personally, but to the L.I.A. to designate someone 18 chemistry. 18 to testify to the matters that are listed in there; is Q And did you obtain another advanced degree? 19 that your understanding? , A No, I did not. 20 A Yes, sir. 21 Q Did you undertake any other education after 21 Q And do you believe that you are the person ;*age 8 - Page 13 Evans Reporting Service Multi-PageTM Page 14 Page 15 1 most knowledgeable to address the issues listed in 1 things that were the corporate papers that we turned 2 that notice? 2 overtoyou. 3 A On behalf of L.I.A., yes. 3 Q The L.I.A. documents? 4 Q On behalf of L.I.A. 4 A That is correct. 5 Is there anyone else who is either currently 5 Q Okay. 6 employed by the L.I.A. or is a former employee of the 6 A So some of the papers that you had given us 7 L.I.A. who would also be knowledgeable about the 7 such as the complaint. 8 matters listed in the notice? 8 Q So that would be the plaintiffs' documents 9 MR. SULLIVAN: Objection, 9 as well? to Q You can answer. 10 a That is right, and there were some documents n A There may be some other people. I don't u from some of the other defendants. 12 know who they would be. 12 Q Did you speak with any of the officers or 13 Q You don't know who they would be? 13 directors of the L.I.A. to prepare? 14 A No. 14 A No, I did not. 15 Q Did you do anything to prepare for this 15 Q Did you speak to any former employees or 16 deposition? 16 current employees of the L.I.A. to prepare? 17 A Yes, I did. 17 A No, I did not. 18 Q And what would that be? is Q And did you meet with counsel? 19 A I reviewed the documents, some of the 19 A Yes, I did. 20 documents that you have received. 20 Q On how many occasions? 21 I have also looked at the minutes and other 21 A Many. Page 16 Page 17 1 Q And when was the first time that you were 1 A Maybe six times, I don't know. 2 contacted by Mr. Sullivan's office to discuss this 2 Q Were there ever occasions during any of 3 deposition? 3 those meetings when counsel other than counsel 4 MR. SULLIVAN: Objection. You can answer. 4 representing the L.I.A. were present? 5 a I don't remember. 5 A During those meetings, no. 6 Q Do you remember how long ago it was? 6 Q When did you first begin your employment 7 A Maybe a month to a month and a half ago, 7 with the L.I.A.? 8 that range. 8 A In 1961. 9 Q Okay. And over the last month, month and a 9 Q How old were you at that time? 10 half, do you have any idea how many times you met with 10 A About 27. 11 Mr. Sullivan's office? 11 Q All right. What was your first job title 12 MR. SULLIVAN: objection. I think we are 12 there? 13 getting into attorney-client issues here. 13 A I had no job title. 14 MR. RICHARDSON: I am not talking about 14 Q All right. What did you do then? 15 substance at all. 15 A I was a technical writer. I answered 16 MR. SULLIVAN: I understand that, but -- 16 inquiries and did whatever I was told by some of the 17 MR. RICHARDSON: Just the number of times he 17 others more senior to me. 18 met. 18 Q And where did you work? What location? 19 MR. SULLIVAN; How many times we elect to 19 A At 292 Madison. 20 meet and discuss is not really relevant, but if you 20 Q Okay. Just a couple of doors down from 21 have a memory, you can give it to him. 21 where -- Page 18 Page 19 1 A Across the street. 1 A About four years. 2 Q And how long did you remain in that position 2 Q Approximately 1970? 3 or did there come a time when you changed your job 3 A No, it wouldn't have been that. 4 responsibilities? 4 Q '69? 5 A From '91 -- from '61 to '65,1 was in that 5 A It would have been '6 -- no, maybe '66. 6 position and in '66 I became manager of technical 6 Q Okay. I understand that as a technical 7 services. 7 writer, answering inquiries, you did that from '61 to 8 Q And what did you do as manager of technical 8 '65? 9 services? 9 A Yes. 10 A It shifted more of the responsibility for 10 Q And then `65 - 11 answering technical questions and managing inquiries 11 A '65 to'66- 12 and that sort of thing to me. 12 Q Okay. 13 Q So you basically managed people who were 13 a - yes. 14 doing what you used to do? 14 Q And then what happened? 15 A No. There weren't that many people, but I 15 A '67 I became manager of advertising and 16 had a direct responsibility to respond to inquiries. 16 technical services. 17 Q Who did you report to as manager of 17 Q And what did you do as manager of 18 technical services? 18 advertising? 19 A I would have reported to Mr. Bruce Fader. 19 A I directed the company, the agency that 20 Q And how long were you manager of technical 20 handled our advertising. 21 services? 21 Q Who was that? Evans Reporting Service Page 14 - Page 19 Multi-PageTM Page 20 Page 21 1 A They had many names over a period of a few 1 A I, of course, had responsibility, I was 2 years. I believe Poppe Tyson was one. 2 corporate secretary, so I had responsibility for the 3 Q Okay. Any others? 3 minutes and that sort of thing, all of the corporate 4 A Just Tyson because they dropped Poppe. 4 records, and as general manager, to see that things Q Okay. How long did you hold the position of 5 functioned properly in the Association. manager of advertising and technical services? 6 Q So when you say you had responsibility for 7 A Let's see. About to '76,1 believe. 7 all corporate records, aid that include the documents 8 Q Were you still reporting to Mr. Fader? 8 that were produced in this case? 9 A No, Mr. Fader had left. 9 a Many of them, yes. to Q Okay. So who were you reporting to at this 10 Q So at least as of 1966 you became custodian 11 point? 11 of those records? 12 A I was reporting to Mr. Kimberly. 12 a That is correct. 13 Q Do you know his first name? 13 mr . SULLIVAN: Objection. I think he said 14 A John Kimberly. 14 '76. 15 Q And did your job change in 1976? 15 Q '76,1 am sorry, just so the record is 16 A It did. I became secretary and general 16 clear. 17 manager. 17 As of 1976 you became custodian of those is Q How long did you hold that position? 18 records? 19 A I held that until '79. 19 A That is correct, for that period of time. 20 Q And what did you do, what was your job 20 Q So were those records maintained in the New 21 responsibilities as secretary and general manager? 21 York office? Page 22 Page 23 1 A That is right. 1 about? 2 Q Had the address at the time that you were 2 A Anything from battery-powered trucks, 3 secretary and general manager changed to across the 3 vehicles, trying to introduce a new vehicle, roofing 4 street? 4 and waterproofing applications, that sort of thing. 5 A No. 5 Q Did these projects have to do with the use 6 Q You were still at 291? 6 of lead in those projects? 7 A 292. 7 a Absolutely. 8 Q 292, sorry. 8 Q And in 1987 did your job title change? 9 And what happened in 1979? 9 a Yes. I became executive director. 10 A '79 I was made vice-president. 10 Q And that lasted until when? 11 Q How long were you vice-president? 11 A Until the present time. A Until 1987. 12 Q All right. And do you now have custody of Q Were you still custodian of records as vice- 13 the records or is that still the responsibility of 14 president? 14 somebody else? 15 A No. We had a secretary. 15 A I do have custody of the records now. 16 Q So did your job change in any way? 16 q And what was your -- what is your job 17 A Yes. 17 responsibilities as executive director of the L.I.A.? 18 Q In what way? 18 A I manage the day-to-day affairs of the 19 A I did a great deal of travel and was busy 19 Association. 20 with programs, projects for the Association. 20 I see that the programs are carried out, 21 Q What type of projects were you talking 21 that the financing are in order and that the wishes of 1 the Board and Chairman are carried forward. 2 Q When was the L.I.A. incorporated? 3 A In 1961. 4 Q Before that was it a company or was it -- 5 A It was an unincorporated association. 6 Q Okay. And what state did it incorporate 7 itself in? 8 A New York. 9 Q Has the name of the Association changed in 10 any way over the years? 11 A Tne only change was to add Inc. at the end. 12 Q And when was the company first created? 13 A Lead Industries Association was created in 14 1928. 15 Q The Association? 16 A That is correct. 17 MR. SULLIVAN: Just for clarification, you 18 said when was the company created. ' Did you mean the corporate structure or -- MR. RICHARDSON: The Association. 21 BY MR. RICHARDSON: Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Page 25 Q When was the Association created and it was in 1928. Now, this was not a for-profit association; is that correct? A It was a not for-profit association. Q Did it have offices in anyplace other than New York? A No. MR. RICHARDSON: Mark this. (Whereupon, Smith Deposition Exhibit Number 2 was marked for identification.) BY MR. RICHARDSON: Q Why was the Association created in 1928? mr . SULLIVAN: objection. If you know. A I can't answer that. I don't know. Q Okay. When the Association was created in 1928, did it have a Board of Directors? A Yes, it did. Q Do you know what the code of the lead industries is? MR. SULLIVAN: objection. If you know. Page 20 - Page 25 Evans Reporting Service Multi-PageTM Page 26 Page 27 1 A No. 1 of January 19th, 1934. 2 MR. s u l u v a N: Keep your voice up. 2 BY MR. RICHARDSON: 3 A I am sorry, no. 3 Q If I can refer you to number 2 as it is 4 Q All right. Let me show you what has been 4 numbered at the top of the page. The next page. 5 marked as Exhibit Number 2, sir. Why don't you take a 5 A Okay. 6 moment. 6 Q Under the category Article 4, inspection of 7 Let me ask you when you are finished if you 7 records. 8 recognize that document? 8 MR. SULLIVAN: Just to note, this is not a 9 (Whereupon, document tendered to witness.) 9 document that we produced. It does not have an L.I.A. 10 A Yes. 10 document number on it. 11 Q If I can refer you to -- 11 MR. RICHARDSON: I understand. Iam not 12 MR. SULLIVAN: Is that yes, you do recognize 12 asking whether he has produced it or not. 13 it? 13 BY MR. RICHARDSON: 14 THE WITNESS: Yes, I do. 14 Q Is it your understanding, sir, that the is Q --to number 2. 15 books and records of the L.I.A. were available for is MR. CURTIS: Could you identify the 16 public inspection from the date of its inception? 17 document? 17 A That is certainly what it says here. 18 MR. RICHARDSON: I am sorry, yes. 18 Q It does. 19 Deposition Exhibit Number 2 is the 19 Do you have any reason to believe 20 Constitution and Bylaws of the Lead Industries 20 otherwise? 21 Association dated as of November 14th, 1928 revised as 21 A Open to inspection. I want to correct Page 28 Page 29 1 myself here. It says that the books and records shall 1 Q Okay. Mr. Smith, the documents that the 2 be open to inspection at all times by the departments 2 L.I.A. produced in these cases, were those documents 3 or bureaus of government interested. 3 produced in other litigation? 4 Q Okay. Do you know why the books and records 4 A Yes. 5 would intentionally be made available to any 5 Q Were there any documents produced in other 6 government or bureaus of government who may be 6 litigation that was not produced in these cases? 7 interested? 7 A There would have been some, yes. 8 MR. SULLIVAN: Objection. Only if you 8 Q And what documents would they have been? 9 know. 9 A These would have been items on the microfilm 10 A I do not know. 10 that pertain to the -- 11 Q And on page 3 under Article 6, membership, 11 MR. SULLIVAN: Objection. Let me -- if he 12 it appears that this section distinguishes between 12 knows what was produced in the other cases, I think he 13 voting and nonvoting members. 13 can testify to it. 14 Was there a classification of associate 14 MR. Ric h ar d s o n : it sounds like he knows - 15 members versus full voting members in the Lead 15 MR. SULLIVAN: But the attorneys in this 16 Industries Association? 16 session have handled the document production. 17 MR. SULLIVAN: objection. If you know. 17 If he has a specific knowledge as to what 18 I believe the document speaks for itself, 18 was produced in each case, he can testify to it. But 19 but if he has personal knowledge beyond that -- 19 if he doesn't, I think he should not speculate. 20 MR. RICHARDSON: That is right. 20 MR. RICHARDSON: I have an objection to you 21 A I do not know. 21 instructing your witness now to answer during the Page 30 Page 31 1 course of your deposition. 1 Q Let me ask you the question again. 2 He was in the middle of answering the 2 Were there any documents that were produced 3 question and you just interrupted and tried to tell 3 in litigation that you are aware of that was not 4 him what to say, and I think that is totally 4 produced in this litigation? 5 improper. 5 MR. SULLIVAN: if you know. 6 MR. SULLIVAN: I don't think that is a 6 A I don't know specifically, but -- well, that 7 proper characterization. 7 is the answer. I don't know. 8 As you are well aware in litigation, the 8 Q What was on the microfilm that you were 9 attorneys handle document production issues. 9 talking about, the microfiche? 10 MR. RICHARDSON: This man is custodian of 10 A There were 10 microfilms, cassettes. 11 the records and he knows what records were produced in 11 Q Okay. 12 litigation, and he was about to finish his answer and 12 A Five of which pertained to the historical 13 you interrupted him and trying to suggest -- 13 documents, the records, the minutes, and those were 14 MR. SULLIVAN: I believe he was answering 14 produced for you, is my understanding. 15 what was turned over to us. That is something the 15 Q Okay. What about the other five? 16 attorneys handled. 16 A The other five deal with die ledgers and 17 If he has specific knowledge, he can 17 financial records of the Association from 1928 to is testify. is about the '70s. 19 MR. RICHARDSON: He does and he was 19 Q Those were not produced, to your knowledge? 20 testifying. 20 A To my knowledge - 21 BY MR. RICHARDSON: 21 MR. SULUVAN: Objection. If you Evans Reporting Service Page 26 - Page 31 Multi-PageTM Page 32 Page 33 1 specifically know what was given from the records -- 1 A It depends on the document. Some things are 2 MR. RICHARDSON: He just answered the 2 retained according to the IRS requirements for up to 3 question. 3 seven years. 4 MR. SULLIVAN: if he specifically knows. 4 Some letters and chron. file and things such A I don't know. 5 as that are kept for about three years. MR. RICHARDSON: Again, I have to object to 6 Q Okay. With respect to correspondence 7 your testifying on behalf of your client. 7 generated by employees of the L.I.A., what was the 8 MR. SULLIVAN: I object to that 8 record retention policy with respect to those? 9 characterization. 9 MR. SULLIVAN: objection. Just time frame. 10 BY MR. RICHARDSON: 10 A You would have to tell me -- 11 Q Were there any documents that used to be in 11 Q Anytime. 12 the possession of the L.I.A. that are no longer in its 12 All right. Let me start back between the 13 possession because of a document retention policy, for 13 date of its inception up until the 1970s? 14 instance? 14 A For that period I have to -- no answer for 15 A We do have a document retention policy, 15 you there. I don't know what the document retention 16 yes. 16 policy was. 17 Q And what is that? 17 Q All right. 18 A After a certain period of time, certain 18 A I am ready for a glass of water. 19 documents are either discarded or dumped. 19 MR. RICHARDSON: Let's go off the record for 20 Q And when you say a certain period of time, 20 a second. 21 what is that? 21 (Whereupon, discussion off the record.) Page 34 Page 35 1 THE v id e o g r a p h e r : We are back on the 1 knowledge, sir, I am asking you as the corporate 2 record. The time is 9:40. 2 designee of the L.I.A., do you or the L.I.A. have an 3 BY MR. RICHARDSON: 3 understanding of what that term means and if you do, 4 Q Mr. Smith, isn't it true that lead as a 4 please state that. 5 metal is toxic? 5 A We do not have one. 6 MR. SULLIVAN: Objection. You can answer. 6 Q Isn't it true, sir, that the L.I.A., and I 7 A Yes, lead is toxic when ingested, it can 7 am using that acronym instead of saying Lead 8 become toxic. 8 Industries Association throughout the deposition, but 9 Q And what do you mean by toxic? 9 isn't it true that the L.I.A. knew as of the date of 10 MR. s u l u v a N: objection. 10 its inception that lead was toxic or is toxic? 11 A I would ask you what you mean by toxic. 11 MR. Su l l iv a n : objection. If you know. * Q Well, I am asking you to define the term as 12 A I believe that it probably did. you understand it. 13 MR. RICHARDSON: Mark this. 14 MR. SULLIVAN: Objection. You are the one 14 (Whereupon, Smith Deposition Exhibit Number 15 who asked the question. I think you ought to have a 15 3 was marked for identification.) 16 definition. 16 BY MR. RICHARDSON: 17 Q My question to you, sir, is to define the 17 Q Mr. Smith, I am going to show you what has 18 term as you understand it. 18 been marked as Exhibit Number 3. For the record, it 19 MR. SULLIVAN: if you have a medical 19 is a copy of the Directors meeting minutes dated May 20 knowledge or -- 20 29th, 1929. 21 Q I am not asking you for a medical 21 I ask you to take a look and, first of all. Page 36 Page 37 1 whether or not you recognize that document. 1 A Yes. 2 (Whereupon, document tendered to witness.) 2 Q Is that correct? 3 A Yes. 3 A That is the indication, yes. 4 Q You do recognize that document? 4 Q Was St. Joseph's -- do you know, was -- 5 A I do, yes. 5 strike it, let me rephrase it. 6 Q It has the L.I.A.Bates stamp number at the 6 Was St. Joseph's Company a mining concern? 7 bottom? 7 MR. CURTIS: objection. 8 A That is correct. 8 MR. SULLIVAN: objection. If you know. You 9 Q Okay. Let me refer you, sir, to the first 9 are talking 1929? 10 page. It has present and representing the name of a 10 MR. RICHARDSON: Yes. 11 person and the company that person represents. 11 A St. Joseph's Company? 12 Are these members of tne Board or were these 12 Q The St. Joseph's Lead Company, was that a 13 members of the Board of Directors as of that date? 13 mining concern? 14 MR. SULLIVAN: if you know. 14 A I believe it was. 15 A I believe they would have been, yes. 15 Q And the American Smelting and Refining was a 16 Q Okay. And as is listed here, Mr. Clinton 16 smelterer at that time, and refiner? 17 Crane at that time was Chairman of the Board of 17 A I believe so. 18 Directors? 18 Q Do you know what United Metals Selling ' A That is what this says. 19 Company was at that time? ' Q And he also represented St. Joseph's Lead 20 A I do not. 21 Company? 21 Q Do you know what Eagle-Picher Lead Company Page 32 - Page 37 Evans Reporting Service Multi-PageTM Page 38 Page 39 1 was at that time? 1 Board of Directors meetings simply paint manufacturers ~ ` 2 A I wasn't familiar and I am not familiar with 2 and not involved in the mining or smeltering of lead? 3 what they were doing. 3 MR. SULUVAN: Objection, time frame. 4 Q Okay. Your review of the L.I.A. documents, 4 Q To your knowledge. I am talking about May 5 did that indicate to you at any time what the Eagle- 5 of'29? 6 Picher Lead Company was? 6 A I don't know. 7 MR. SULLIVAN: From 1928 to the present or 7 Q I am going to refer you to page 2, sir. 8 to 1980? 8 You notice under the secretary's report 9 MR. RICHARDSON: That is right, that is 9 number 3 there is a section entitled lead hazard? 10 right. 10 A Yes. 11 A Yes, at one time or another, yes. 11 Q This document seems to indicate, does it 12 Q And what was that? 12 not, that as of May of 1929 the L.I.A. was at least 13 MR. SULLIVAN: if you know. 13 aware that there was such a thing as a lead hazard? 14 A I believe they were manufacturers of 14 MR. DAVID: Object to the form of the is pigment. 15 question. 16 Q Okay. And the National Lead Company, did 16 MR. SULLIVAN: Objection. 17 your review of the records indicate whether or not 17 Q Isn't that correct? 18 that company was involved in the mining of lead ore? 18 A Would you repeat that? 19 A Not to my knowledge. 19 Q Yes. On page 2 of this document under the 20 Q From your review of the documents, are any 20 category entitled, Secretary's Report under number 3 21 of these companies listed as being present at these 21 there seems to be a section called lead hazard. Page 40 Page 41 1 It states, and I will read it to you, of 1 Q Okay. 2 late, the lead industries have been receiving much 2 MR. RICHARDSON: Mark that,please. 3 undesirable publicity regarding lead poisoning, 3 (Whereupon, Smith Deposition Exhibit Number 4 period. 4 4 was marked for identification.) 5 From your review of the documents and as a 5 BY MR. RICHARDSON: 6 representative of the L.I.A., do you know whether or 6 Q Mr. Smith, I am now giving you what has been 7 not the L.I.A. was aware as of May of 1929 that there 7 marked as Exhibit Number 4. I am going to try to keep 8 was such a disease called lead poisoning? 8 track of these exhibit numbers here. 9 MR. SULLIVAN: Objection. 9 For the record, this is Exhibit A-3 of the 10 A I believe that the Association was aware 10 Directors meeting minutes dated September 11th, 1929. 11 that there were claims of lead poisoning at that 11 Do you recognize that document, sir? 12 time. 12 A It looks like an L.I.A. document, yes. 13 I believe they also were trying to undertake 13 Q If I can refer you, sir, to page 2. At this 14 an effort to Find out what the facts truly were. 14 time, September of 1929, isn't it true that Mr. Felix 15 Q Okay. Isn't it also true, sir, that at that 15 Wormser was the Secretary of the L.I.A.? 16 time the L.I.A. was aware that there was such a thing 16 A I am sorry, repeat that. 17 as childhood lead poisoning? 17 Q As of the date of this document, September 18 MR. s u l l iv a n : Objection. If you know. 18 of 1929, isn't it true that Felix Wormser was the 19 A I am not aware of that. I am sorry. 19 Secretary of the L.I.A.? 20 Q You don't know one way or the other? 20 a I believe he was. 21 A No. 21 Q On page 2 of this document it states that Page 42 Page 43 1 Dr. Joseph C. Aub, A-u-b, sent a letter to Mr. Crane, 1 MR. DAVID: I am going to just interpose an 2 and I believe earlier he was the Chairman of the Board 2 objection to the characterization of the document. 3 of Directors, at least as of May of 1929; isn't that 3 Q Do you know whether or not the L.I.A. was 4 correct? Seeking to have -- 4 aware that Dr. Aub was being funded by now-members of 5 MR. SULLIVAN: Is that a question? 5 the L.I.A. for research on lead poisoning? 6 MR. RICHARDSON: I thought he answered it. 6 MR. SULLIVAN: objection. 7 BY MR. RICHARDSON: 7 A I do not know. 8 Q Isn't it true as of May of 1929 Mr. Crane 8 Q Further down in that same paragraph the 9 was the Chairman -- 9 document states that this research was part of a 10 A That is what the paper shows. 10 program to leam the facts about lead poisoning and 11 Q All right. Now, this document seems to be 11 was designed to help the medical profession take a 12 discussing a letter presented to the Secretary from 12 more intelligent attitude towards that ailment. 13 Dr. Joseph Aub of Boston relative to continuing the 13 My question to you, sir, is, do you know why 14 medical research on lead poisoning initiated several 14 the research was designed to help the medical 15 years ago and supported privately by some of the 15 profession as opposed to informing or as opposed to 16 members of the Lead Industries Association, and my 16 obtaining the facts about lead poisoning? 17 question to you, sir, is, are you aware of who those 17 MR. SULLIVAN: objection. 18 members were of the L.I.A. who were funding Dr. Aub's 18 MR. WHITEHEAD: Object to that as 19 research on lead poisoning prior to the creation of 19 mischaracterization, argumentative and misstates the 20 the L.I.A.? 20 fact. 21 A I am not. 21 MR. RICHARDSON: I am not arguing anything. Evans Reporting Service Page 38 - Page 43 Multi-PageTM Page 44 Page 45 1 I am just asking the question. 1 5 was marked for identification.) 2 BY MR. RICHARDSON: 2 MR. SULLIVAN: Listen to each question. 3 Q If you don't know the answer -- 3 Don't respond. Just listen to each question 4 MR. SULLIVAN: if you have specific 4 carefully. knowledge of what they knew back in - 5 Are you done with this document? A I do not. 6 MR. RICHARDSON: Yes, sir. 7 MR. SULLIVAN: That is your answer, 7 BY MR. RICHARDSON: s A It is a compound question besides. 8 Q The next exhibit that I am showing you for 9 Q Let me rephrase it. 9 the record is a copy of the Director meetings minutes 10 Isn't it true, sir, that the L.I.A. was only 10 dated October 11th, 1930. 11 interested in funding medical research for the purpose 11 I would ask you to take a moment and look at 12 of influencing the medical profession to support the 12 that and see if you recognize that as a document 13 interests of the lead industries? 13 produced by the L.I.A. 14 MR. SULLIVAN: objection. 14 (Whereupon, document tendered to witness.) 15 A I can't answer that. That is not -- 15 MR. CALDWELL: Ron, do these have Bates 16 q Do you know one way or the other? 16 numbers on them? n MR. CURTIS: same objection. 17 MR. RICHARDSON: They do. is a The same objection, yeah. I don't -- I 18 MR. CALDWELL: would you mind reading the 19 don't know. 19 first page of the Bates when you identify the 20 Q Okay. That is fair enough. 20 document? 21 (Whereupon, Smith Deposition Exhibit Number 21 MR. RICHARDSON: Sure. Page 46 Page 47 1 MR. SULLIVAN: Just for the record, it would 1 MR. DAVID: objection. 2 be L.I.A. 00034. 2 MR. SULUVAN: if you know. 3 MR. CALDWELL: Thank you. 3 A Well, I do not know. 4 MR. w h it e h e a d : Could I have Exhibit 1 for a 4 Q From your review of the documents, are you 5 second. 5 aware of any indication that the L.I.A. was aware that 6 MR. DAVID: Madam Court Reporter, while the 6 lithopone existed as a lead-free substitute for 7 witness is reviewing that document, would you please 7 paint? 8 read the last question. 8 MR. DAVID: Objection. 9 (Whereupon, the record was read by the 9 MR. SULLIVAN: Objection as to the 10 reporter.) 10 definition of lead-free. 11 MR. DAVID: Thank you. a A If you are talking about this document and BY MR. RICHARDSON: 12 this item number 3? Q This document was produced by the L.I.A.; is 13 Q Yes. 14 that correct? 14 A It does not say a lead-free pigment at all. 15 A It looks to be, yes. 15 Q Okay. It does seem to say that it is 16 Q On page 2 under number 3 the document 16 suggested, it is claimed that that paint has a life 50 17 appears to discuss a product by the name of lithopone, 17 percent better than white lead. 18 1-i-t-h-o-p-o-n-e. 18 A That is what it says. 19 Did the L.I.A. know in 1930 that there was a 19 MR. Su l l iv a n : objection. The document 20 lead-free substitute for paint called lithopone? 20 speaks for itself. 21 MR. SULLIVAN: Objection. 21 Q Now, in the next page under white lead it Page 48 Page 49 1 says the most serious example of substitution in lead 1 Q You can answer. 2 is the substitution of inferior materials for white 2 MR. SULUVAN: if you have knowledge from 3 lead in paint, for six years the demand for white lead 3 the documents you have reviewed. 4 has declined instead of grown. 4 A From the document here, it does indicate 5 From your review of the L.I.A. documents, 5 that white lead was declining, yes. 6 the documents the defendants produced and the 6 Q Now, if white lead was declining and the 7 documents the plaintiffs produced, do you agree that 7 L.I.A. was aware that there was such a thing as lead 8 the demand for white lead was declining in the 1930s? 8 poisoning, why didn't the L.I.A. as of 1930 simply 9 MR. SULLIVAN: objection. Are you asking if 9 stop using white lead? 10 he personally agrees or if the L.I.A. had the 10 MR. SULLIVAN: objection. 11 knowledge? 11 MR. CURTIS: Object to the question. 12 Q You are here on behalf of the L.I.A. and you 12 MR. SULLIVAN: objection. 13 reviewed these documents on behalf of the L.I.A. 13 A There are three questions there. 14 My question to you, sir, is, based on your 14 MR. SULLIVAN: it is a compound question, 15 review of all of those documents, is it your testimony is Q No, it is only one question there. 16 that you do conclude that the sale of white lead was, 16 Why did the white lead -- why did the L.I.A. 17 in fact, declining in the 1930s? n continue using white lead in paint when the sale of is MR. SULLIVAN: objection. He is here to 18 the product was declining and it was aware that white testify as to what the corporate knowledge is and he 19 lead was causing lead poisoning? . can only look at what the history is and tell you from 20 MR. SULLIVAN: Objection. There is a 21 that. 21 foundation that L.I.A. never made a product that }age 44 - Page 49 Evans Reporting Service Multi-PageTM Page 50 Page 51 1 was -- 1 smelters as it affects an important outlet for lead. 2 MR. RICHARDSON: I understand. 2 My question to you, sir, is, from your 3 MR. SULLIVAN: You phrased it as if we 3 review of all of the documents that you have talked 4 produced a product. You are well aware that we have 4 about so far, do you agree that the miners and 5 never produced a product, we have never made a lead 5 smelterers saw the sale of the white lead as an 6 product. 6 important outlet for them? 7 BY MR. RICHARDSON: 7 MR. SULUVAN: objection. You are asking 8 Q You can answer the question. 8 him to characterize a third party's knowledge. 9 A I have no knowledge that they continued to 9 Q You can answer the question, if you know. 10 produce white lead in the face of what you were saying 10 a I don't. u there. 11 Q Do you know whether or not the L.I.A. 12 Q All right. The very next sentence or 12 perceived the sale of white lead to be an important 13 sentence after that says the size of the domestic 13 outlet for the mining and smelterer members of that 14 paint market and the outstanding excellence of white 14 association? is lead as a paint pigment would certainly warrant an 15 MR. SULLIVAN: if you know from the 16 attempt to correct the situation. 16 documents you have reviewed. 17 Then it skips a sentence - well, it 17 A I do not know, but this document says that 18 doesn't, but I am going to skip a sentence and read as 18 it was of interest. 19 follows, although it is true only a few of our members 19 Q Okay. Do you know what percentage of the 20 are directly engaged in the white lead business, the 20 members of the L.I.A. were engaged in the white lead 21 subject is of great importance to the lead miners and 21 business in 1930? Page 52 Page 53 1 A I do not. 1 Joseph Lead Company at this meeting. 2 (Whereupon, Smith Deposition Exhibit Number 2 Did all three of those individuals or were 3 6 was marked for identification.) 3 all three of those individuals members of the Board of 4 BY MR. RICHARDSON: 4 Directors as of September of 1931 ? 5 Q I am showing you the next numbered exhibit, 5 MR SULLIVAN: Objection. If you know. 6 sir. 6 A I do not know. 7 It is, for the record, a copy of Directors 7 Q Could members of the L.I.A. attend the Board 8 meeting minutes dated September 30th, 1931. It has 8 of Directors meetings if they were not members? 9 the Bates stamp L.I.A. 47 on the first page. 9 MR. SULLIVAN: Time frame only. Objection 10 (Whereupon, document tendered to witness.) 10 to time frame. 1931? 11 A Yes. 11 MR. RICHARDSON: At any time. 12 Q Do you recognize this as a document being 12 MR. DAVID: it is also vague. 13 produced by the L.I.A.? 13 Did members of the L.I.A. attend meetings of 14 A I believe this is. 14 the Board if they weren't members? 15 Q On the first page, sir, I notice that under 15 BY MR. RICHARDSON: 16 the list of attendees to the meeting it appears to be 16 Q If they weren't members of the Board of 17 in some cases two or three members of the same company 17 Directors. 18 attending the meeting. 18 MR. DAVID: Okay. 19 Do you know whether or not they all were 19 A I believe they could, but I couldn't tell 20 members of the Board of Directors? 20 you for sure. 21 For instance, it has three members from St. 21 Q You don't know? Page 54 1 A No, I do not know. 1 A I don't know. 2 Q On what appears to be L.I.A. 50, if you can 2 Q Okay. The very next paragraph talks about 3 turn to that page, it states that under number 5, that 3 an issue or something called Lead. 4 there was a publication of a book entitled. Useful 4 Wasn't that a magazine that the L.I.A. 5 Information About Lead. 5 published? 6 Did the L.I.A., in fact, publish a book 6 A That is right. 7 under that title? 7 Q And they were publishing it as of the date 8 A I believe they did. 8 of this document, September 1931? 9 Q Okay. And have you ever had a chance to see 9 A Yes. 10 that book? 10 Q Okay. In fact, you produced several copies 11 A I have. 11 of that magazine to us; isn't that true? 12 Q Have you reviewed it? 12 A I did, we did. 13 A Yes, yes. 13 Q Is there a complete set of the Lead 14 Q Was there any indication in that book about 14 magazines that exist today? 15 the hazards of lead products including lead paint is A There is one that is in the hands of our 16 products? 16 legal counsel. n MR. SULLIVAN: objection. If you have a 17 Q Okay. Would that be Mr. Sullivan's office? 18 specific memory. 18 A That is correct. 19 A I don't recall it. 19 Q Have you had a chance to took at those 20 Q Isn't it true that there is no indication? 20 issues? 21 MR. SULLIVAN: objection. 21 A I have not looked at them for a long time. Page 55 Evans Reporting Service Page 50 - Page 55 Miilti-PageTM Page 56 Page 57 1 Q Okay. Do you know whether or not there is 1 annual convention of the American Society of Sanitary 2 any indication about the hazards of lead paint 2 Engineering having received word that lead poisoning 3 products in any of the issues of Lead? 3 would be discussed, but the topic was zinc poisoning 4 A I don't know. 4 from brass pipes and the comment on lead was not Q On the next page, L.I.A. 51 under number 6, 5 sufficient to warrant stirring up the subject. medical research, it talks about a visit to Boston 6 My question to you, sir, is, isn't it true 7 discussing the subject of lead poisoning in infants 7 that the LXA. adopted a policy never to initiate any 8 with some of the medical profession there. 8 discussions to the public about the hazards of lead 9 Isn't it true, sir, that as of September 9 unless it was done so in the form of a defense? 10 1931 the L.I.A. was aware that infants could be lead 10 MR. SULLIVAN: objection. That is n poisoned? 11 ridiculous. That is argumentative. That isn't a 12 MR. SULLIVAN: objection. 12 legitimate fact question. . 13 MR. DAVID: object to the form of the 13 Q If you know, answer. 14 question as vague and indefinite and calls for 14 MR. SULLIVAN: He is here as a fact witness 15 speculation on the part of the witness. 15 to talk about the historical situation. 16 Q You can still answer, sir. 16 A Do you have any document that supports 17 A I believe the Association was aware that the 17 that? 18 infants could become poisoned by lead, yes. 18 Q That is not my question to you, sir. 19 Q Let me refer you down to the last paragraph 19 My question to you, sir, isn't it true -- if 20 of that same section. 20 you don't know, I don't want you to speculate, but 21 The Secretary states that he attended the 21 isn't it true that the L.I.A. adopted a policy that it Page 58 Page 59 1 would never publicly inform anyone about the hazards 1 Exhibit 452. 2 of lead, including lead paint products, unless it was 2 Have you seen this document before? 3 required to do so as a defense? 3 (Whereupon, document tendered to witness.) 4 MR. SULUVAN: Objection. There are so many 4 A It has a Lead Industries Association 5 things wrong with that question as to what definition 5 letterhead, 6 of defense is, positions ~ 6 MR. s u l l iv a n : He asked you have you seen it 7 Q You can answer. 7 before. 8 A I have never seen any such things in any of 8 A No, I have not seen this. 9 the documents that I have reviewed. I wasn't there, 9 Q Okay. Do you know who Dr. Kehoe was? 10 you realize. 10 A Yes, I knew of him. 11 Q Okay. 11 Q And whenyou say you knew of him, what do ' MR. RICHARDSON: Mark this. 12 you mean? (Whereupon, Smith Deposition Exhibit Number 13 A I never met him. 14 7 was marked for identification.) 14 Q Okay. From your review of the documents, 15 BY MR. RICHARDSON: 15 the defendants' documents, the L.I.A.'s documents and 16 Q I am now showing you the next numbered 16 the plaintiffs' documents, are you able to state -- 17 deposition exhibit 17 are you able to clarify what the Secretary of the 18 For the record, this is a letter dated 18 L.I.A. was interested in by asking for a definition of 19 January 3rd, 1932 from the Secretary of the L.I.A., 19 lead poisoning? 20 Mr. Wormser, to a Dr. Robert A. Kehoe, the University 20 MR. SULLIVAN: You are asking him to talk 21 of Cincinnati, and the document number is Plaintiff's 21 about a letter that he has never seen before. Page 60 Page 61 1 MR. RICHARDSON: I asked him to tell me what 1 Q I am sorry? 2 his review of the documents has indicated to him 2 A I said I really don't understand it. 3 concerning this letter, not what some person may have 3 Q You don't understandthe question? 4 said. 4 a No, how it relates to L.I.A. and my review 5 MR. SULLIVAN: You are asking him to explain 5 of it. 6 something that is in a letter that he has never seen 6 Q So you have not seen anything from your 7 before and asking him to take that information and 7 review to shed any light on it? 8 apply it to other documents. 8 A No, not at all. 9 MR. RICHARDSON: I am asking the witness, 9 MR. SULLIVAN: That is not what he said. He 10 Mr. Sullivan, to please inform everyone here as to 10 said he did not understand your question. 11 whether or not your review of all or the documents has 11 MR. RICHARDSON: He did not say that, Mr. 12 shed any light upon what is meant in this letter? 12 Sullivan. I would appreciate it if you would not -- 13 MR. CURTIS: I object to the form of the 13 MR. SULLIVAN: I think you are 14 question. 14 mischaracterizing. 15 MR. SULLIVAN: Yeah, objection. It is 15 MR. WHITEHEAD: I am going to object to the 16 vague, it is ambiguous. 16 question. I have no idea what shed light on and -- 17 BY MR. RICHARDSON: 17 MR. RICHARDSON: You are an attorney, sir. 18 Q That is all right, but if you understand it, 18 You should know what shed light on means. ' sir, you can answer it. 19 BY MR. RICHARDSON: MR. DAVID: It is 63 years later. 20 Q That is okay. You have answered the 21 A I really don't understand it. 21 question. Page 56 - Page 61 Evans Reporting Service Multi-PageTM Page 62 Page 63 1 MR. DAVID: I suppose it means different 1 MR. SULLIVAN: objection. 2 things to different people. 2 A That is what it says, yes. 3 MR. SULUVAN: Listen to the questions. 3 Q It also seems to suggest that as of 4 MR. Ric h ar d s o n .- Let's mark this now. 4 September 1932, there were 59 cases of lead poisoning s (Whereupon, Smith Deposition Exhibit Number 5 as reported by the Baltimore Health Department; isn't 6 8 was marked for identification.) 6 that correct? 7 BY MR. RICHARDSON: 7 MR. DAVID: object to the form of the 8 Q I am next showing you, sir, the next 8 question. 9 numbered exhibit. 9 MR. SULUVAN: Objection.You are asking 10 It is a letter under L.I.A. letterhead from 10 him to say that is what the document says? 11 the Secretary, which I believe is Dr. Wormser, the 11 MR. RICHARDSON: He heard my question, Mr. 12 signature is light, to members of the Lead Industries 12 Sullivan. 13 Association dated September 28th, 1932. The Bates 13 BY MR. RICHARDSON: 14 stamp number is L.I.A. 21802. 14 Q Do you have any problems with my question? is Do you recognize that as being a document 15 MR. DAVID: I have a problem with your 16 produced by the L.I.A., sir? 16 question as to what the letter suggests. 17 (Whereupon, document tendered to witness.) 17 MR. RICHARDSON: You objected. Fine: 18 A I believe it was. It certainly looks like is A Would you repeat the question, please. 19 it. 19 Q Sure. Isn't it true, sir, that this 20 Q And you agree that this was sent to members 20 document in the first sentence states, "During 21 of the L.I.A.; isn't that correct? 21 September 1932, 59 cases of lead poisoning of unusual Page 64 Page 65 1 origin were reported by the Baltimore Health 1 that discusses the L.I.A.'s concern for those children 2 Department?" 2 in Baltimore? 3 A That is what it says. 3 MR. SULLIVAN: Objection, objection. 4 Q Thank you. 4 Q You can answer that question. s Do you know in the one, two, three, four, 5 MR. SULUVAN: Just look at this, read the 6 fifth paragraph, the first sentence, do you know what 6 document and then you can respond to the specific 7 is meant by the phrase -- well, I will read the 7 question. 8 sentence. 8 MR. DAVID: I am going to object to the 9 Although the Baltimore authorities have the 9 question. 10 situation well in hand and no further trouble is to be 10 The document speaks for itself and secondly, 11 expected there, many other cities in the United States 11 it presumes that if the document does not have some 12 undoubtedly duplicate the Baltimore conditions which 12 mention of a concern, that the L.I.A. was not 13 led to the outbreak. 13 concerned, and thirdly, it talks about - the question 14 Do you know what is meant by no further 14 deals with childhood or children, whereas, I don't 15 trouble? 15 think it was specified that the 59 reports that are 16 MR. CURTIS: Object to the form of the 16 stated in there were of childhood lead poisoning. 17 question. 17 MR-RICHARDSON: Anything else? 18 A I do not. is MR. DAVID: No, I think that will do it, but 19 MR. SULLIVAN: l will put in an objection. 19 I will do it every time if you continue with this kind 20 lam sorry, I was reading the document. 20 of questioning. 21 Q Do you see anything in this document, sir. 21 MR. RICHARDSON: You can do whatever you Page 66 Page 67 1 want, sir. 1 either to destroy their old battery boxes, or to dump 2 MR. DAVID: well, I will do whatever I 2 them where they cannot be reclaimed for fuel by 3 want. 3 persons apt to use them for that purpose. 4 MR. SULLIVAN: okay. I believe the question 4 The 6th paragraph goes on to say that it is 5 was, does this document reflect L.I.A.'s concern about 5 hoped that through the widespread cooperation of our 6 the people who were poisoned; is that correct? 6 members we can avoid a duplication of the Baltimore 7 BY MR. RICHARDSON: 7 lead poisoning episode in other cities which would 8 Q Is there any indication in this document 8 only result in additional alarming publicity to the 9 that you are aware of that shows L.I.A.'s concern for 9 injury of the lead industries. 10 the children who were poisoned? 10 Isn't that what it says? 11 A Yes. 11 A That is what it says, yes. 12 MR. SULLIVAN: objection. I think it is 12 Q Thank you. 13 more than children, but go ahead if you can answer. 13 A I believe it indicates that they were 14 A I believe there was certainly the last 14 interested in eliminating that problem or helping to 15 sentence of the one, two, three, four, fifth paragraph is solve it. 16 as well as the entire 6th paragraph seem to indicate 16 Q It appears to me they were only interested 17 that. 17 in the -- well, strike that. 18 Q Well, let's read it. 18 MR. DAVID: I am going to object further to 19 It is, therefore, suggested that whenever 19 the line of questioning with respect to Exhibit 8 in 20 possible you advise storage battery scrap dealers 20 that it doesn't make reference to lead paint, and if I 21 about the Baltimore circumstances, requesting them 21 read the court's earlier order in this case, the case Evans Reporting Service Page 62 - Page 67 Multi-PageTM Page 68 Page 69 1 is limited to lead paint. 1 Directors meeting minutes dated September 28th, 1932, 2 MR. RICHARDSON: I Object to that 2 and it is Bates stamped L.I.A. 82. 3 characterization of any court order or what the issues 3 BY MR. RICHARDSON: 4 in this case is all about. 4 Q After your review, my question would be, do MR. DAVID: Well, you can object to the 5 you recognize this as a document produced by the , characterization of the court order, but the fact of 7 the matter is that the court order deals with lead 8 paint, and this case deals with lead paint. 9 It doesn't deal with lead, per se, nor does to it deal with lead pigment, per se, nor does it deal 11 with members or the L.I.A. who are not defendants in 12 this case. 13 MR. RICHARDSON: I totally disagree. Now, 14 having said that, let's move on. 15 MR. d a v id : I wonder why. 16 MR. RICHARDSON: Okay. 17 (Whereupon, Smith Deposition Exhibit Number 18 9 was marked for identification.) 19 MR. RICHARDSON: I believe I have marked 20 the next exhibit and have shown it to the witness. 21 For the record, it is a copy of the 6 L.I.A.? 7 (Whereupon, document tendered to witness.) 8 MR. DAVID: I would also like to make the 9 request on the record that, in the future and even 10 including this afternoon, that counsel for plaintiff 11 make available at least a copy or two of those 12 exhibits he intends to utilize in the deposition for 13 the rest of the lawyers here in the room. 14 MR. RICHARDSON: I will not do that. Not 15 only will I not do that, but the defendants did not 16 extend the same courtesy when they deposed the mother 17 of these children five straight days with the whole 18 mountain of exhibits that they threw in front of her 19 face and didn't give us one courtesy copy of one page 20 -21 MR. DAVID: During the deposition you were Page 70 Page 71 1 not -- 1 us the opportunity to review it before you question 2 MR. RICHARDSON: --at any time. 2 him about it. 3 MR. DAVID: I assumed they handed it to the 3 MR. RICHARDSON: I am not going to do that. 4 witness and they were able to look at it and -- 4 If you want to pass it around amongst yourselves, they 5 MR. RICHARDSON: That is what I am doing 5 are right here, they have already been discussed, to 6 right now. 6 look at them. 7 MR. DAVID: Yes, Mr. Richardson. You were 7 MR. DAVID: No, no, before -- 8 one attorney representing a single client, so you had 8 MR. RICHARDSON: YOU have - 9 the opportunity to review the exhibits. 9 MR. DAVID: No, I am not going to wait a 10 We don't have an opportunity to review the 10 minute. u exhibits. 11 MR. RICHARDSON: You have the opportunity MR. RICHARDSON: You don't represent this 12 when it is your turn. j client. 13 MR. DAVID: I am going to look at these 14 MR. DAVID: I don't care that I don't 14 exhibits before you ask him about these exhibits, Mr. 15 represent this client. 15 Richardson. 16 There is an issue in this case with regard 16 MR. RICHARDSON: I am not going to give them 17 to this defendant that certainly relates to every 17 to you. 18 defendant in the case, not just to this defendant, so 18 mr . DAVID: y o u don't need to. 19 if you are not going to extend the courtesy, then I am 19 Mr. Sullivan, would you please pass the 20 going to ask diat every exhibit, then, that you 20 exhibit around so I can take a look at them before 21 provide to this witness be passed around to us to give 21 questioning begins. Page 72 Page 73 1 MR. RICHARDSON: I am going to begin 1 defense counsel in this room to look at? 2 questioning. I am not going to watt for you to review 2 MR. RICHARDSON: Mr. Sullivan said he is 3 it. 3 going to give you a copy to look at, but that is not 4 MR. SULLIVAN: As soon as I am done I will. 4 going to stop me from proceeding with the questioning 5 MR. DAVID: You will pass it around. Thank 5 of the witness, because this will take two weeks to do 6 you. 6 instead of one day. 7 And you will continue to refuse, Mr. 7 MR. DAVID: it wouldn't take two weeks if 8 Richardson, to provide even one copy to the rest of us 8 you had the courtesy of passing out a copy of the 9 to look at - 9 documents, and that is a responsibility, Mr. 10 MR. RICHARDSON: These copies are 10 Richardson, that you have. it available - 11 BY MR. RICHARDSON: 12 MR. DAVID: - prior to 12 Q Mr. Smith, have you had a chance to look at 13 MR. RICHARDSON: Not prior to questioning. 13 that document? 14 You don't have any right to look at these things prior 14 A Yes, I did. 15 to my Questioning the witness. 15 Q Was that document produced by the L.I.A.? 16 You do have a right, though, to look at the 16 A Yes, it was. 17 documents to prepare for any questions you may ask him 17 Q All right. is when it is your turn. 18 MR. SULLIVAN: we are making some progress. MR. DAVID: No, no, no, you misunderstand. 19 We may want to use yours back and forth, and I know -- j As you hand the document to the witness, you 20 MR. DAVID: I object to any questioning 21 are not going to pass around a copy for the other 21 until I have had an opportunity to look at the Page 68 - Page 73 Evans Reporting Service Multi-PageTM Page 74 Page 75 1 document. 1 MR-SULLIVAN: objection. While 1 think 2 Q Okay. 2 they were funding Dr. Aub, when you say the 3 Isn't it true, sir, that the L.I.A. was 3 institution -- 4 funding medical research by -- that was being 4 Q The Harvard Medical School. ' 5 conducted by Dr. Aub as of September 1932? 5 Was there any other institution besides 6 A I believe they were. 6 that, that the L.I.A. was funding during the 1930s? 7 Q And isn't it true, in fact, sir, that they 7 MR. SULLIVAN: if you know. 8 have been doing that since their -- 1929? 8 A I don't know. I am not sure. I think they 9 A I am not sure, but they may have been, 9 may have been. to Q Okay. In fact, isn't it also true, sir, 10 Q This document seems to be discussing a U that they continued their relationship with Dr. Aub 11 request by a business concern about the publicity that 12 over the next several decades? 12 they have been receiving concerning the use of lead in 13 A I think -- 13 their product. 14 MR. DAVID: object to the form of the 14 Is that your understanding from your review 15 question. Vague and indefinite, is of the document? is Q You can answer, sir. 16 MR. SULLIVAN: Objection. I would just have 17 A I think the L.I.A. did have a relationship 17 to have -- okay, thank you. 18 with Dr. Aub for many years. 18 lam sorry, if you could just repeat it? 19 Q During the 1930s was there any other medical 19 MR. RICHARDSON: Sure, I have no problems 20 institution that the L.I.A. was funding besides Dr. 20 with that. 21 Aub's institution? 21 MR. WHITEHEAD: what is the date of the Page 76 Page 77 1 document? 1 A I would say, yes. 2 MR. SULLIVAN: September 29 -- 2 MR. DAVID: I am going to move to strike as 3 THE WITNESS: September 28, 1932. 3 speculative by the witness. 4 BY MR. RICHARDSON: 4 Q Isn't it also true, sir, that that document 5 Q Now, my question to you, sir, isn't it true 5 reflects that the L.I.A. recommends that this business 6 that this document reflects a concern on the part of a 6 entity investigate the concern by referring the matter 7 business entity addressed to the L.I.A. about 7 to Dr. Aub for medical research? 8 complaints that it has been receiving concerning the 8 MR. CURTIS: Same objection. 9 use of lead in one of its products? 9 MR- SULLIVAN: Objection. If that is an 10 MR. CURTIS: Object to the form of the 10 accurate reflection of the document. 11 question. 11 A Would you say it again, please. 12 MR. SULLIVAN: Objection to the form of the 12 Q Isn't it true that the document reflects 13 question because it asks him to speculate as to what 13 that the L.I.A. referred this business company to Dr. 14 is in the mind of someone else. 14 Aub to conduct research on the potential hazards or 15 MR. CURTIS: It is also vague and l s the possible hazards associated with the use of lead 16 unintelligible. 16 in that company's products? 17 Q Does, in fact, the document reflect a 17 MR. d a v id : objection. 18 concern raised to the L.I.A. by a business entity 18 MR. SULLIVAN: objection. 19 about the use of lead in one of its products? 19 A What it says is that the dye works was -- we 20 MR. CURTIS: Same objection. 20 suggested that the safest procedure for the dye works 21 MR. SULLIVAN: Objection. 21 was to investigate the health hazard for lead weighted Page 78 Page 79 1 silk thoroughly through an impartial organization and 1 actually have highlighted in yellow that says, "many 2 that they base their policies on that investigation. 2 among children?" 3 Q Don't they, in fact, suggest that Dr. Aub 3 A That is what it says. 4 would be that source for the impartial investigation? 4 Q All right. Oh, I am sorry, let me give it 5 MR. DAVID: Object to the question. 5 back to you. 6 MR. SULLIVAN: Objection. 6 I also have highlighted in that same 7 MR. DAVID: The form of the question. 7 paragraph the last sentence, and because I don't have 8 A Arrange for an interview with Dr. Aub. 8 it in front of me I can't quote it word for word, but 9 MR. DAVID: is there a particular portion of 9 if you could read for me the last sentence of that 10 the document that you are referring to, Mr. 10 paragraph? 11 Richardson? 11 A An ounce of prevention may save us reams of 12 It is about five pages long. 12. undesirable publicity. 13 MR. RICHARDSON: L.I.A. 86. 13 This is referring to the effort with the 14 MR. DAVID: Thank you. 14 battery boxes. 15 BY MR. RICHARDSON: 15 Q Right. Thank you. 16 Q And on the next page, sir, L.I.A. 87, the 16 Isn't it true, Mr. Smith, that one way to 17 beginning of the first full paragraph, doesn't, in 17 prevent adverse publicity is to not use lead in any 18 fact, the document further discuss the 59 cases in 18 products? 19 Baltimore that the previous exhibit referred to? 19 MR. SULLIVAN: Objection. Don't even 20 A I believe it is. 20 speculate. Don't -- 21 Q And isn't there a phrase there that I 21 Q I am not asking you to speculate. Evans Reporting Service Page 74 - Page 79 Multi-Page1 Page 80 Do you agree that one way to avoid adverse t publicity is not to use it in the products at all? 2 MR. SULLIVAN: objection. 3 A No, I am not going to answer that. 4 Q You are not being instructed not to answer. so -- 5 6 MR. SULLIVAN: if you agree with him that - 7 A I do not agree. 8 Q That is all you have to say. 9 (Whereupon, Smith Deposition Exhibit Number 10 10 was marked for identification.) 11 BY MR. RICHARDSON: 12 Q I am now showing you the next numbered 13 exhibit, sir. 14 It is another copy of the Directors meeting is minutes, this one dated June 15th, 1933. The first 16 page of the document is Bates stamped L.I.A. 103. 17 I simply ask you, sir, if that is a document 18 that the L.I.A. has produced? 19 (Whereupon, document tendered to witness.) 20 a It looks to be an L.I.A. document, yes. 21 Page 81 Q Okay. (Whereupon, discussion off the record.) THE VIDEOGRAPHER: we are back on the record. The time is approximately 10:39. mr . DAVID: I want to state a further objection to this process by which Mr. Richardson refuses to provide other counsel with a copy of a document. It is -- it could lead to delay. I will object strenuously if Mr. Richardson utilizes that as some sort of a reason to continue this deposition, because it is his own fault and his own lack of professional responsibility that will lead to it. And it is typical of the sandbagging that we have become accustomed to by plaintiffsT counsel in a lot of these cases. MR. RICHARDSON: what is your name? MR. DAVID: My name is Joseph David, Mr. Richardson. MR. RICHARDSON: Mr. David, how can you lie? Page 82 MR. DAVID: How can you utilize a document, 1 Exhibit Number 9, which states zero, absolutely 2 nothing about lead paint, which this case is about, 3 and indicates that the problem of the 59 cases of lead 4 poisoning in Baltimore was directly traced to 5 discarded storage battery boxes used for fuel. 6 MR. RICHARDSON: This case is about 7 knowledge of the hazards of lead products including 8 lead paint. 9 MR. DAVID: No, it is not, sir. No, it is 10 not, sir. 11 MR. RICHARDSON: You are dragging this 12 deposition on because of your unbelievable speaking 13 objections. 14 MR. DAVID: The court has already ruled that 15 lead is a natural product. The court has ruled that 16 lead is not unreasonable in terms of its risks or 17 dangers. 18 The court has ruled that lead is not an 19 inherently dangerous product, so this case is not 20 about lead, sir. 21 Page 83 MR. RICHARDSON: It is about lead, sir, because it goes to what this company actually knew, this Association actually knew, and you are the one that is dragging this deposition out. MR. DAVID: I will take that argument and go to court with it any day. MR. RICHARDSON: You can do whatever you want, sir. BY MR. RICHARDSON: Q All right. If I can refer you, sir, to page L.I.A. 104. MR. SULLIVAN: At the break we had not started reviewing it, so if you can give us a minute, refer us to a paragraph and give us a minute to read it. MR. RICHARDSON: sure. The First paragraph. BY MR. RICHARDSON: Q My question is simply this, sir: From your review of the documents, have you seen anything that would suggest other than what is stated in this document? Specifically what I am referring to, sir, is that it states in primary lead smelting and refining, the industry is 100 percent represented. MR. SULLIVAN: You are talking of a time frame, June 15, 1933, only? MR. RICHARDSON: Yes. BY MR. RICHARDSON: Q As of that date? A Yes. Q Is it your understanding that -- MR. SULLIVAN: if you know. Q -- that in primary lead smelting and refining the industry is 100 percent represented in the L.I.A.? MR. SULLIVAN: objection. MR. DAVID: Objection, irrelevant. Q Go ahead, sir. A That is what it states here. Q Have you seen anything to disagree with 21 that? Page 84 1 2 3 4 5 6 7 8 9 to 11 12 13 14 is 16 17 18 19 20 21 Page 85 MR. SULLIVAN: Objection. A I have not. Q And it says in mining, we have a representation close to 80 percent? MR. SULLIVAN: Objection. Q Have you seen anything to disagree with that, sir? MR. SULLIVAN: objection. MR. DAVID: Objection, irrelevant, A I have not. Q And then, the lead pigments industry, our representation is close to 100 percent. Have you seen anything in the documents that shows anything other than that?. MR. SULLIVAN: Objection. If you know. A I do not know. Q And you have not seen anything? A No. MR. SULLIVAN: objection. Object. Q Thank you, sir. That is all I have on that document. Page 80 - Page 85 Evans Reporting Service Multi-PageTM Page 86 Page 87 1 From your review of the documents, have you 1 For the record, it is a copy of the minutes 2 seen any documents which would document the inquiries 2 of the annual meeting of the members of the Lead 3 that came into the L.I.A. concerning the hazardous 3 Industries Association dated June 13th, 1935. The 4 nature of lead products, including lead paint? 4 Bates stamp number on the first page is L.I.A. 20579. 5 MR. SULLIVAN: objection. 5 mr . CALDWELL: what was the Bates stamp 6 A 1 don't even know that there were any 6 number again. 7 inquiries that came in to them regarding the hazards, 7 What was the number again? 8 whatever. 8 MR. RICHARDSON: Batesstamp number? 9 Q All right. 9 MR. CURTIS: Yes, sir. to MR-WHITEHEAD: I am sorry, Mr. 10 MR. RICHARDSON: L.I.A 20579. 11 Richardson. 11 MR. WHITEHEAD: while the witness is doing 12 Could you read back the question? 12 that, I want to put a statement on the record for 13 (Whereupon, the record was read by the 13 Glidden. 14 reporter.) 14 lam reserving all objections to any of this 15 MR. RICHARDSON: Would you mark this, 15 examination because, without a document, I don't know 16 please. 16 what objections to make. 17 (Whereupon, Smith Deposition Exhibit Number 17 I tried to sit next to the witness to see 18 11 was marked for identification.) 18 the document after the question was asked. I am not 19 BY MR. RICHARDSON: 19 in any position to formulate objections. 20 Q I would ask that you review this to see if 20 MR. RICHARDSON: I think you are in a 21 this is a document produced by the L.I.A. 21 perfect position -- Page 88 Page 89 1 MR. DAVID: I join that objection. 1 objections. 2 MR. CURTIS: I join that objection as well. 2 MR. CALDWELL: Doe Run joins in the 3 MR. WHITEHEAD: I can't make an objection, 3 objection. 4 because I can't see the document. 4 I want to note for the record that before 5 MR. RICHARDSON: I disagree. You have every 5 the document gets to me it has to pass through nine 6 opportunity to look at the document. 6 hands. 7 If you intentionally refuse to look at the 7 MR. RICHARDSON: You still hear every 8 document, that is your own fault. 8 question that I ask. If you have an objection to the 9 MR. WHITEHEAD: Do you want us to hover 9 question -- 10 around -- 10 MR. CALDWELL: interrupt you after the fact 11 MR. RICHARDSON: if you intentionally decide 11 and state my objection five minutes later? 12 not to look at the document when it comes your way, 12 MR. HIRSCH: DuPont joins in the objection, 13 that is your fault. 13 also. 14 MR. WHITEHEAD: sir, you have already stated 14 MR. RICHARDSON: I understand. All of you 15 you are going to continue questioning. 15 can have any objection you want. 16 Sir, I am sorry, you nave chosen your way to 16 MR. DAVID: I think it is inexcusable that 17 do it. 17 the issue could be resolved simply by making a couple 18 MR. Ric h ar d s o n : That is the way the 18 of extra copies and handing those to counsel while 19 defendants have done it all along in the litigation, 19 handing it to die witness for initial review. 20 so I am - 20 MR. RICHARDSON: I think the defendants 21 MR. WHITEHEAD: Mr. Richardson, I can't make 21 could have done the same thing in the deposition of Page 90 Page 91 1 Mrs. Wright. 1 MR. SULLIVAN: is there a question? 2 MR. DAVID: The fact of the matter is, Mr. 2 MR. RICHARDSON: Yes. 3 Richardson -- 3 MR. SULLIVAN: Well, one of the problems -* 4 MR. RICHARDSON: You are complaining -- your 4 it was awkward the last time when we passed it around 5 counsel took the deposition of Mrs. Wright. 5 for Mr. Smith to be able to answer your question - 6 MR. DAVID: Excuse me, sir. 6 BY MR. RICHARDSON: 7 MR. RICHARDSON: Your counsel and he did not 7 Q Referring to page L.I.A. -- 8 offer any copies. 8 MR. DAVID: Excuse me, I would like to see 9 MR. DAVID: He did not offer any copies 9 the document, please. 10 because you had an opportunity to -- while sitting 10 MR. SULLIVAN: 82, that is the lead 11 right next to Mrs. Wnght, to review the copy that he 11 poisoning. 12 handed to Mrs. Wright along with her. 12 He made a reasonable request. 13 MR. RICHARDSON: I did not have an 13 MR. RICHARDSON: Just pass it down to him. 14 opportunity -- 14 MR. SULLIVAN: if you can ask your questions 15 MR. DAVID: We don't have that opportunity. is while we keep your copy, that would move it along. 16 You don't provide us with that opportunity and it is 16 MR. d a v id : I object to that procedure. n inexcusable -- 17 BY MR. RICHARDSON: 18 MR. RICHARDSON: l don't have any 18 Q On page L.I.A. 0294 under lead poisoning, it 19 opportunity either because he was asking her questions 19 states hardly a day goes by but this subject receives 20 as soon as he gave it to her. 20 some attention at the headquarters of the 21 Are we ready? 21 Association. Evans Reporting Service Page 86 - Page 91 Multi-PageTM 1 Have your review of the documents, were you 2 able to show or be able to inform us as to what extent 3 the subject was being discussed by the L.I.A. as of 4 June 1935? MR. SULLIVAN: objection. MR. DAVID: Object to the question. 7 MR. SULLIVAN: The document speaks for 8 itself. 9 A That is -- all I would know about it is what 10 is there. 11 MR. DAVID: sir, let me state my objection, 12 please. 13 I further object to the question. It has 14 nothing to do with lead paint. It is irrelevant. 15 MR. RICHARDSON: Okay. 16 BY MR. RICHARDSON: 17 Q I am sorry, what was your answer? 18 A Basically, that what it says there is -19 speaks for itself. 20 Q It also says that there would be an attempt 21 to accumulate all possible material of scientific 1 value to help us in our efforts. 2 Are you aware of the accumulation of medical 3 or scientific articles by the L.I.A. on the subject of 4 lead poisoning? 5 MR. DAVID: Object to the question. 6 MR. WHITEHEAD: I object, first of all, to 7 the question. 8 MR. SULUVAN: Go ahead. 9 MR. WHITEHEAD: No, you go, Mark. 10 MR. SULUVAN: I am going to object to the 11 question. 12 It is vague and the document does speak for 13 itself and, again, it relates to issues that may be 14 beyond the scope of this case. 15 Q All right. Now you can answer the 16 question. 17 MR. w h it e h e a d : I have another objection. I 18 want to object to the question as being intentionally 19 misleading in an effort to confuse this witness, 20 because if you take the entire document in context 21 with the rest of the text, you will clearly Page 94 Page 95 1 demonstrate a substantial commitment on the part of 1 which would reflect -- strike that and let me rephrase 2 the L.I.A. to fund medical research and to bring those 2 it 3 issues to the attention of the public. 3 From your review of the documents, were you 4 It characterizes the research work and the 4 able to locate any medical or scientific literature on 5 financing of the L.I.A. as, "being of great value to 5 the subject of lead poisoning? 6 the entire world," and I don't think it was fair to 6 MR. SULUVAN: Question as to time frame? 7 point the attention of this witness to only a small 7 MR. RICHARDSON: At any time. 8 part of the document without taking it in total 8 BY MR. RICHARDSON: 9 context. 9 Q From your review of any of these documents 10 I think you are trying to mislead the jury 10 of the L.I.A., did you find any medical or scientific 11 in getting them to think that the L.I.A. was not doing 11 literature on the subject of lead poisoning? a comprehensive medical research effort. 12 MR. WHITEHEAD: I am going to object to the MR. RICHARDSON: I think the evidence will 13 question as being overbroad. 14 prove that, in fact, they weren't doing a 14 A Yes, there were some references to 15 comprehensive medical research. 15 articles. 16 MR. SULLIVAN: We certainly disagree with 16 Q There were references to articles? 17 that 17 A Yes. 18 MR. RICHARDSON: I understand. 18 Q Did you find actual articles? 19 BY MR. RICHARDSON: 19 MR. SULLIVAN: Again, objection as to time 20 Q My question, sir, from your review of the 20 frame. 21 document, nave you seen any review of the documents 21 Are you talking 1970, 1960s, from 1950, Page 96 Page 97 1 1920? 1 BY MR. RICHARDSON: 2 Q From the inception in the 1920s, did you 2 Q Your testimony is that you are not aware of 3 find any articles on lead poisoning in the possession 3 any other than what was produced yesterday; is that 4 of the L.I.A. -- 4 correct? 5 MR. SULLIVAN: in the documents we 5 A That is correct. 6 produced? 6 MR. DAVID: I am going to object to the form 7 MR. r ic h ar d s o n : That is correct. 7 of the question to the extent that it carries with it 8 MR. SULUVAN: Speak to the record. 8 any implication that if the witness has not seen any 9 A There would have been some in the documents 9 such documents, that such documents did not, in fact, 10 that I believe were turned over to you yesterday. 10 at one point in time exist. 11 Q Yesterday? Those were documents in the 11 MR. RICHARDSON: Mark this, please. 12 1970s? 12 (Whereupon, Smith Deposition Exhibit Number 13 A '60s and '70s. 13 12 was marked for identification.) 14 MR. SULLIVAN: Mr. Richardson, you are well 14 BY MR. RICHARDSON: 15 aware there are many articles in the documents we 15 Q I am showing you now what has been marked as 16 produced to you that cover a wide range of time 16 Deposition Exhibit Number 12. 17 Frame. 17 For the record, it is a copy of the Board of 18 MR. RICHARDSON: I have not seen any 18 Directors meetings minutes dated October 1, 1935 and documents that are -- 19 it is Bates stamped on the first page L.I.A. 154. MR. SULLIVAN: I suggest you go back and 20 I am specifically only -- l am interested in 21 review them. 21 finding out whether or not you agree that this 92 - Page 97 Evans Reporting Service Multi-PageTM Page 98 Page 99 1 document was produced by the L.I.A., but my question 1 A Yes, you do. 2 will be focused specifically on the page L.I.A. 157, 2 MR. DAVID: I object to the procedure being 3 number 5. 3 followed by counsel to ask questions without providing 4 (Whereupon, document tendered to witness.) 4 copies of the documents to defense counsel. s MR. w h it e h e a d : The date of the document 5 I further object in that the document has 6 is? 6 absolutely nothing to do with lead paint, and I 7 MR. RICHARDSON: October 1st, 1935. 7 further object that the question is irrelevant. And I 8 MR. WHITEHEAD: Thank you. 8 would like to review the document, if I might, 9 MR. SULLIVAN: Page 157? 9 please. 10 MR. RICHARDSON: Yes. 10 MR. RICHARDSON: For the record, the 11 BY MR. RICHARDSON: 11 document was provided to counsel for L.I.A. 12 Q Well, first of all, isn't it true, sir, this 12 MR. SULUVAN: Right. Before we go, I just 13 is one of the documents produced by the L.I.A.? 13 want to make sure -- there is more to that paragraph 14 A I believe it is, yes. 14 that I think is important. That first sentence you 15 Q Now, on page L.I.A. 157, number 5, please 15 read is the first paragraph. 16 let me know, sir, if I am reading this correctly, 16 BY MR. RICHARDSON: n There has been no let up m the amount of 17 Q I will read the second sentence and the last 18 attention given by the health writers to the subject 18 sentence to that paragraph. 19 of lead poisoning, and this problem still remains one 19 MR. DAVID: Mr. Sullivan, may I look at the 20 of great importance to us. 20 document, please. 21 Did I read that correctly, sir? 21 MR. SULLIVAN: As he is reading. Page 100 Page 101 1 BY MR. RICHARDSON: 1 A Not in that paragraph. 2 Q If you could read the second sentence of 2 Q All right. 3 that paragraph, sir? 3 MR. w h it e h e a d : I have an objection to the 4 A The second sentence says the Harvard Medical 4 question. I believe the question is misleading and 5 School is continuing its research on lead, and we have 5 argumentative. 6 supplied them with $6,000 of the $10,000 6 Mr. Richardson, I can say that you are 7 appropriations covering their two years 7 either woefully uninformed about the extent of 8 experimentation. 8 research taking place in this area or you are 9 Q Isn't that the same Harvard Medical School 9 intentionally trying to mislead the witness. 10 that the Association has been sponsoring over the last 10 MR. RICHARDSON: I am doing neither, just so 11 several years? 11 that you know. 12 A I believe it is. 12 BY MR. RICHARDSON: 13 Q There is no indication in that paragraph of 13 Q From your review of the documents, Mr. 14 the L.I.A. sponsoring any other medical research at 14 Smith, are you able to inform us as to 'why the L.I.A. 15 any other institution other than the Harvard Medical 15 considered lead poisoning as a problem as it is stated 16 School? 16 in this document, sir? 17 MR. WHITEHEAD: Excuse me - 17 MR-CURTIS: Objection. 18 MR. SULLIVAN: Objection. In that specific 18 MR. SULLIVAN: objection. 19 paragraph. He can only report what is said. 19 Q You can answer, if you know. 20 MR. RICHARDSON: l am asking him the 20 MR. SULLIVAN: You are talking time frame is 21 paragraph. 21 just in October of 1935? Page 102 Page 103 1 MR. RICHARDSON: That is right. 1 Something was in circulation -- 2 MR. s u l l iv a n : if you know what the problem 2 Q Isn't it true that the L.I.A., their 3 with lead poisoning was in that time. 3 magazine entitled. Lead, had a circulation of about 4 A In 1935? Well, I believe, in looking at the 4 30,000 during the mid 1930s? 5 information, that the Association had worked with 5 MR. s u l l iv an : objection. If you know. 6 companies making cribs and toys and other such items 6 A I don't know what the circulation was at 7 for children that they had encouraged them to 7 that time. If you have a document you can show me -- 8 eliminate the use of lead paint. 8 Q Sure. 9 Q And was that because of a concern for the 9 MR. RICHARDSON: Let's mark that. 10 children developing lead poisoning, sir? 10 (Whereupon, Smith Deposition Exhibit Number 11 A I believe it was. 11 13 was marked for identification.) 12 Q Okay. This is as of October 1935? 12 BY MR. RICHARDSON: 13 A That is right. 13 Q I will refer you specifically to L.I.A. 14 Q Okay. 14 21700, and for the record, this is a copy of the 15 Isn't it true, sir, that the Lead magazine 15 Secretary's report of the L.I.A. to members of the 16 that was published by the L.I.A. developed a 16 L.I.A. dated February 19th, 1936. 17 circulation of approximately 30,000 in or around 17 The Bates stamp number on the first page of 18 1936? 18 the document is L.I.A. 21696. 19 MR. s u l l iv a n : Objection. I am sorry, I 19 Again, my question to you, sir, isn't it 20 missed the first part of the question, just the very 20 true that, at least by 1936, the Lead magazine had a 21 first part of the question. 21 circulation of approximately 30,000? Evans Reporting Service Page 98 - Page 103 Multi-PageTM Page 104 Page 105 1 (Whereupon, document tendered to witness.) 1 Was this document produced by the L.I.A., 2 A This states -- 2 sir? 3 MR. DAVID: I object to the procedure of 3 (Whereupon, document tendered to witness.) 4 asking questions without providing counsel the 4 A I believe it was. opportunity to review the document. 5 MR. DAVID: Counsel, may I see the document, And I also further object on the basis of 6 please. 7 relevance, 7 Q I will show you this. s Q Go ahead, sir. 8 On page L.I.A. 194 under the category lead 9 MR. SULLIVAN: objection, but you can 9 poisoning, the document states, the Directors 10 answer. 10 discussed the lead poisoning situation with emphasis n a This item does state that Lead had a 11 on the advisability of the Association issuing a 12 circulation of 30,000. 12 leaflet of a general nature on lead poisoning, but it 13 Q Thank you, sir. 13 was unanimously felt that it would be better for the 14 (Whereupon, Smith Deposition Exhibit Number 14 Association to continue as it has in the past by is 14 was marked for identification.) 15 disposing of each situation as it arises. 16 BY MR. RICHARDSON: 16 And I will ask that you take a look at that 17 Q I am now showing you what has been marked as 17 paragraph. I actually have it highlighted, to see if is Deposition Exhibit Number 14. 18 I read that correctly. 19 It appears to be a copy of the Board of 19 MR. DAVID: I am going to object to 20 Directors meeting minutes dated June 29th, 1937. The 20 questioning this witness on this document for 21 first page is Bates stamped L.I.A. 189. 21 counsel's failure to provide defense counsel with Page 106 Page 107 1 copies to review at the same time. 1 improper procedure in asking the witness to attest as 2 I further object on the basis that there is 2 to whether or not the reading of a document is correct 3 no mention of lead paint in regard to this document or 3 or not. 4 contained in this document, so, therefore, the 4 MR. RICHARDSON: I understand. 5 document is irrelevant. 5 MR. SULLIVAN: As you were reading, we 6 MR. RICHARDSON: sir, you don't have to 6 weren't following it, so if we can read it into the 7 repeat yourself after every document. You can have a 7 record, that will reflect what it actually says. 8 continuing objection on each of these documents, Mr. 8 MR. RICHARDSON: That is fine. 9 David. 9 A Under the heading, lead poisoning, it says 10 Let the record reflect, as he makes this 10 the Directors discussed the lead poisoning situation 11 objection, he is looking at the document. 11 with emphasis on the advisability of the Association MR. DAVID: That is true, and it has been 12 issuing a leaflet of a general nature on lead . true after the last couple of documents. 13 poisoning, but it was unanimously felt that it would 14 MR. RICHARDSON: It sure has. 14 be better for the Association to continue as it has in is MR. DAVID: And has led to delay caused by 15 the past by disposing of each situation as it arises. 16 plaintiffs' counsel for his continued failure to even 16 Q Do you know why the L.I.A. at that time 17 accommodate us by providing eight or nine defense 17 decided not to publish the leaflet? 18 counsel with one copy. 18 MR. SULLIVAN: if you know. 19 BY MR. RICHARDSON: 19 A I do not. 20 Q Did I read that paragraph correctly, sir? 20 MR. SULLIVAN: objection. 21 MR. CURTIS: I would like to object to the 21 MR. RICHARDSON: Mark this. Page 108 Page 109 1 (Whereupon, Smith Deposition Exhibit Number 1 MR. DAVID: May I see the document, please. 2 15 was marked for identification.) 2 BY MR. RICHARDSON: 3 BY MR. RICHARDSON: 3 Q If I can show you this section, and can you 4 Q I am now showing you what has been marked as 4 identify for the record the L.I.A. Bates stamp number 5 Deposition Exhibit Number 15. 5 on that page? 6 It appears to be a copy of the Board of 6 a Yes, L.I.A. 205. 7 Directors meetings' minutes and dated May 3rd, 1938. 7 Q Okay. And the category under which I have 8 The first page of the document is Bates 8 the highlighted paragraph is? I am sorry, I can't see 9 stamped L.I.A. 203, and I ask whether or not that was 9 it. 10 a document produced by the L.I.A.? 10 A All right. 11 (Whereupon, document tendered to witness.) 11 Q What is it? 12 A I believe it was. 12 A It says lead poisoning. 13 Q If you could show it to Mr. David. 13 Q All right. If you can read that to 14 (Whereupon, document tendered to counsel.) 14 yourself, I have a question for you, sir. 15 MR. SULLIVAN: We will take a look at it is A All right. 16 first and then pass it along and we can identify 16 MR. SULLIVAN: can he look at it or do you 17 whether it is our document or not. 17 want to ask the question and then he will have to look 18 MR. WHITEHEAD: Board meeting of May 3rd, 18 at it again? 1938? 19 Oh, never mind, we have it. MR. RICHARDSON: May 3rd, 1938. 20 MR. DAVID: same objection as to 21 MR. SULLIVAN: is there a particular -- 21 questioning, as I have prior exhibits. Page 104 - Page 109 Evans Reporting Service Multi-PageTM Page 110 Page 111 1 Q Now, the paragraph discusses a trip to 1 Q And is there any indication under this 2 Baltimore to confer with the health authorities on the 2 category of lead poisoning that the L.I.A. was funding 3 general question of lead poisoning among infants, and 3 anybody else besides Dr. Aub? 4 it states that the outcome of that conference was 4 MR. SULUVAN: Objection. The document 5 mutually beneficial. 5 speaks for itself. 6 From your review of the documents, were you 6 a There is no indication there. 7 able to determine to what extent or what is meant by 7 Q That is right. Thank you, sir. 8 the term, mutually beneficial? 8 MR. WHITEHEAD: could I have just one minute 9 MR. SULLIVAN: objection, if you know. 9 with Mr. Sullivan? 10 A I do not know what was mutually beneficial. 10 We don't have to adjourn. 11 Q As of May of 1938, isn't it true that the 11 MR. RICHARDSON: Okay. 12 L.I.A. was concerned about lead poisoning among 12 We have got to go off die record. There is 13 infants? 13 no use wasting tape. 14 MR. SULUVAN: objection. If you know, 14 (Whereupon, discussion off the record.) is A It says yes, the question of lead poisoning 15 MR. SULLIVAN: Thank you. 16 among infants, and it also says that Dr. Aub advised 16 MR. WHITEHEAD: Thank you, counsel. I just 17 them that he was continuing his work at the Harvard 17 wanted to try to facilitate the document review. 18 Medical School. 18 THE VIDEOGRAPHER: we are back on the 19 Q This is the same Dr. Aub that we have been 19 record. The time is 11:12. 20 talking about all along? 20 BY MR. RICHARDSON: 21 A Right 21 Q Mr. Smith, are you aware that the Lead Page 112 Page 113 1 Industries Association engaged in a white lead 1 It is dated February 20th, 1939. It is from 2 promotional program? 2 Felix Wormser, the Secretary of the Lead Industries 3 MR. SULLIVAN: objection. 3 Association at that time. And the first page is Bates 4 A I have seen reference to it, yes. 4 stamped L.I.A. 9004. 5 Q Do you know what time frame that program was 5 And my first question to you, sir, is do you 6 conducted in? 6 recognize that as being a document produced by the 7 A I believe about 1939 to maybe 1950. 7 L.I.A.? 8 Q Okay. 8 (Whereupon, document tendered to witness.) 9 What was the purpose of the white lead 9 A I do. 10 program? 10 Q If you can show that to Mr. David, please. 11 MR. SULLIVAN: Objection. 11 (Whereupon, document tendered to counsel.) 12 A I don't have the purpose before me and if 12 MR. SULLIVAN: Let's just take a look at it 13 you have a document that will refer to it. 13 first. 14 Q All right. 14 mr . Ric h a r d s o n : For the record, what I will 15 (Whereupon, Smith Deposition Exhibit Number 15 do during the lunch break, for the remaining exhibit I 16 16 was marked for identification.) 16 will make one copy available for that end of the table 17 BY MR. RICHARDSON: 17 so that other counsel can peruse them. 18 Q I am now showing you, sir, what has been 18 MR. WHITEHEAD: we will hover. 19 marked as Exhibit Number 16. It appears to be a copy 19 MR. RICHARDSON: That is right, over Mr. 20 of a letter to members supporting the white lead 20 David. 21 promotion program. 21 MR. DAVID: I appreciate that. Page 114 Page 115 1 MR. CURTIS: since during the lunch break it 1 disagree with that? 2 would be just as easy to make a number of copies ~ 2 MR. SULUVAN: objection. I think the 3 MR. RICHARDSON; it would not be easy. 3 document speaks for itself, one way or another. 4 MR. CURTIS: it would not? Set the machine 4 MR. RICHARDSON: That is not what I am 5 on two, instead of one. s asking you. 6 MR. RICHARDSON: n o , except that I am all by 6 BY MR. RICHARDSON: 7 myself and I have things I have to do with the court 7 Q Have you seen anything in the documents to 8 and I don't have the time to spend at the machine. 8 disagree with that statement, sir? 9 BY MR. RICHARDSON: 9 A I have not. 10 Q You have had a chance to review that 10 Q This document says white lead consumption 11 document, sir? 11 has been declining. It has a market today of about 12 A We did look at it, yes. 12 half as big, and it gives a tonnage, as it had in 13 Q Again, is that a document that was produced 13 1922. 14 by die L.I.A.? 14 Have you seen anything in the documents to 15 A It is. is disagree with that statement, sir? 16 Q The document states that the reasons for 16 MR. SULUVAN: Objection. This is setting 17 undertaking the trade promotion effort on behalf of 17 forth facts of people who had knowledge in those days, 18 white lead may be summarized as follows, and it begins 18 and as you know, our L.I.A. documents are just bits 19 with number 1, that white lead is the most important 19 and pieces of our history, so -- 20 market for the product of the lead miner today. 20 MR. RICHARDSON: I don't know that to be 21 Have you seen anything in the documents to 21 true. Evans Reporting Service Page 110 - Page 115 Multi-PageTM Page 116 Page 117 1 BY MR. RICHARDSON: 1 science and to commerce today. 2 Q But my question to you is, sir, from your 2 White lead is used in paste form as the sole 3 review of not only the L.I.A.'s documents, but the 3 constituent of paint or as an ingredient of prepared 4 defendant's documents produced in this case which you 4 paints generally in minor amounts. ' said you reviewed and also the plaintiffs' documents s Have you seen anything in the documents to produced in this case which you said you also 6 disagree with that, sir? 7 reviewed -- 7 mr . DAVID: objection. 8 MR. SULLIVAN: He has reviewed some of 8 MR. SULLIVAN: Objection. He is not here as 9 them. 9 an expert on paint. I think the document, again, io A Some of them. 10 speaks for itself. n Q Whatever you have reviewed, have you seen 11 Q You can answer, sir. 12 anything that would suggest other than what the 12 A No, I have not. 13 statement states? 13 Q On the next page, sir, under number 6 it 14 MR. DAVID: I object to the form of the 14 states that white lead will continue to lose its 15 question. 15 position in the paint industry unless some effort is 16 MR. SULLIVAN: I object to the form of the 16 devised to offset competitive attacks and to acquaint 17 question. 17 the public widely with the merits of the product. 18 Q You can answer, sir. 18 From your review of the documents, do you 19 A I have not. 19 know whether or not it was the intention of the L.I.A. 20 Q Okay. It also states, under number 4, that 20 to promote white lead as part of the white lead 21 white lead remains the finest paint pigment known to 21 promotion campaign by acquainting the public widely Page 118 Page 119 1 with the merits of the product -- of the product? 1 MR. SULLIVAN: objection. I think you are 2 MR. SULLIVAN: objection. I think it is a 2 mixing and matching two different things. You have to 3 compound question. And, again, I think the document 3 establish what the L.I.A. did know at the time about 4 speaks for itself and you are asking him to testify to 4 white lead. 5 things that I think even were before he was bom. I 5 We haven't done that, for the record, so, 6 may be wrong by five years on that. 6 therefore, your question is vague and ambiguous and 7 A I see wnat is here, but I can't testify that 7 without any background reference. 8 it is right or wrong. This is what was done, what was 8 Q Do you understand the question, sir? 9 said. 9 a I understand the question. I think that the 10 Q It also states that white lead is also 10 Association was aware of problems with toys and cribs 11 constantly subject to attack from a health 11 and that sort of thing, and that they had gone out to ' standpoint. 12 get an agreement not to use lead paints on those Are you able to state what is meant by 13 things. And that was the focus at that time. 14 constant attack? 14 Q And -- 15 MR. SULLIVAN: Objection. 15 MR. SULLIVAN: Objection. Move to strike, 16 A I do not know. 16 because that is only a partial answer as to just 17 Q You do not know? 17 children's toys ana cribs. 18 Do you know why the L.I.A. would be 18 This covers a lot more, including 19 interested in increasing the consumption of white lead 19 occupational, and it is very clear from this document 20 in the face of what it knew about the lead poisoning 20 it does. 21 of children? 21 MR. RICHARDSON: You are stating his answer Page 120 Page 121 1 is a partial answer? 1 MR. RICHARDSON: That is correct. 2 MR. SULLIVAN: I believe it is. 2 MR. SULLIVAN: It was not in our records and 3 BY MR. RICHARDSON: 3 you would have had it if we had it. 4 Q Is there anything else that you would like 4 MR. RICHARDSON: well, it was in somebody's 5 to add, then, sir? 5 records because it was produced by us. 6 A There was continuous effort by the 6 MR. SULLIVAN: I am just saying you will 7 Association to not only address childhood lead 7 have to see if he has seen it and if he has reviewed 8 poisoning, but also industrial lead poisoning. 8 it. 9 Q I see. 9 MR. RICHARDSON: Yes. 10 MR. RICHARDSON: Mark this, please. 10 MR. WHITEHEAD: The exhibit is what number? 11 (Whereupon, Smith Deposition Exhibit Number 11 MR. RICHARDSON: 17. 12 17 was marked for identification.) 12 MR. SULLIVAN: It is a little hard to read. 13 BY MR. RICHARDSON: 13 I apologize -- 14 Q I am now showing you, sir, what has been 14 MR. RICHARDSON: I can specifically refer 15 marked as Deposition Exhibit 17. is you to the medical research section. That is the only 16 It is a copy of the annual meeting of the 16 section I am interested in. 17 members of the Lead Industries Association minutes 17 MR. SULLIVAN; There were some parts that 18 dated May 16th, 1939, and the Bates stamp number on 18 were hard to read what the words said. ' the bottom of this is Plaintiffs Exhibit 683. 19 BY MR. RICHARDSON: MR. Su l l iv a n : This is not a document that 20 Q My first question, sir, is have you seen 21 the L.I.A. has produced. 21 that document before? >age 116 - Page 121 Evans Reporting Service Multi-PageTM Page 122 Page 123 1 (Whereupon, document tendered to witness.) 1 MR. RICHARDSON: well, we can always talk 2 a No, I don't recall seeing that. 2 about the good part. 3 Q Ail right. At the bottom it had a stamp, 3 MR. SULLIVAN: I don't want to forget that. 4 Federal Trade Commission. 4 Do you want us to read the second 5 Was the L.I.A. in any way involved in 5 paragraph? 6 litigation with the Federal Trade Commission? 6 BY MR. RICHARDSON: 7 MR. DAVID: Objection, irrelevant. 7 Q Read the First sentence, and if you want to 8 MR. CURTIS: Objection. 8 read the second sentence, feel free to. I have a 9 a I have no idea. 9 couple of questions on that as well. 10 Q Do you remember discussing that before in 10 a Okay. Lead poisoning continues to be a 11 one of your previous depositions? 11 serious, troublesome subject to our industry. 12 A No, I do not. That was 1938? 12 Hardly a day passes, but what the office of 13 Q '39, May 16, 1939. 13 the Lead Industries Association receives is newspaper 14 MR. SULLIVAN: That was a 1939 document, 14 clippings carrying unfavorable comments about lead and is Q The document under medical research states, is its toxic qualities. 16 and I will show this to you -- and, in fact, why don't 16 Q If you want to read it, it is up to you. 17 I just show it to you and let you read the sentence 17 a Okay. 18 that I have highlighted. And forgive my notes, but 18 The Association has always endeavored to 19 Mr. David is looking at the other copy. 19 meet attacks on the use of its products by 20 MR. SULLIVAN: You didn't highlight the good 20 ascertaining the truth about any charge made against 21 part, but we will get to that. 21 lead. Page 124 Page 125 1 Then he goes on to talk about continuing 1 previous exhibits, one of which stated that an ounce 2 fundamental search -- 2 of prevention could save reams of adverse publicity, 3 MR. SULLIVAN: Read. 3 do you know whether or not the L.I.A. considered just 4 A All right. 4 not using white lead in paint so that this adverse 5 The continuation of fundamental research on 5 publicity would go away? 6 lead at Harvard University of Cincinnati and the U.S. 6 MR. SULUVAN: Objection. 7 Public Health Service in Washington are helping to 7 MR RICHARDSON: All I am asking is does he 8 create a better understanding of lead. 8 know. 9 Q Thank you, sir. 9 MR. SULLIVAN: That is a compound question 10 Isn't it true that the U.S. Public Health 10 with about three or four different parts to it. And 11 Service was headed by Dr. Fairhall -- 11 it characterizes a prior document that may not be 12 MR. SULUVAN: if you know. 12 accurately characterized and it asks him to draw a .13 Q -- at that time? 13 conclusion about a time period that he was not 14 A I do not. I have no idea. 14 involved with the L.I.A. 15 Q What hailed from the Harvard Medical School 15 He is here as a spokesman, and he can tell 16 as an understudy to Dr. Aub? 16 you what the documents say, but you are asking him to 17 Do you know that, sir? 17 draw conclusions as to why people, years ago, took 18 A I do not. 18 actions. 19 Q If the L.I.A. considered in May of 1939 that 19 MR. RICHARDSON: That is why he is here. 20 lead poisoning continues to be a serious troublesome 20 MR. WHITEHEAD: I further object to the form 21 subject to their industry, and as we looked at the 21 of the question as being misleading and misstating a Page 126 Page 127 1 critically obvious fact. 1 exhibit, I think you can show it to him and then, he 2 BY MR. RICHARDSON: 2 can confirm it. 3 Q Can you -- 3 Q Well, do you remember it, first of all? 4 MR. WHITEHEAD: Excuse me. I am sorry, Mr. 4 A I recall something to that effect. 5 Smith, one of the things we have to do is protect the 5 Q That is enough for my next question then. 6 record and protect the interests of our own clients. 6 MR SULUVAN: Objection. Move to strike. 7 Even though what we say may not be terribly 7 I think there is more to that statement that 8 important, I at least want to get the objection on the 8 was in the document. 9 record. 9 MR. RICHARDSON: Okay. We will find it. 10 I want to repeat that I object to the form 10 MR KENNEALLY: counsel, it was Exhibit 9, 11 of the question because it misstates a fact about the 11 if that would help. 12 L.I.A. and is misleading in its form. 12 MR. RICHARDSON: That does help. 13 Q Do you want me to rephrase the question, 13 Could you pull Exhibit 9, please, out of 14 sir? 14 there. 15 A Yes. 15 BY MR. RICHARDSON: 16 Q Do you remember the exhibit, the deposition 16 Q Referring to the page L.I.A. 87, the bottom n exhibit that we discussed not too long ago where we 17 of the first paragraph or the second full paragraph. is quoted a phrase from it that said an ounce of 18 If you could read that last sentence, 19 prevention could save reams of adverse publicity? 19 please. 20 Do you remember that exhibit, sir? 20 MR. SULLIVAN: This is referring to the 21 MR. SULLIVAN: Objection. If you have the 21 burning of cases in Baltimore, the burning of the Evans Reporting Service Page 122 - Page 127 Multi-PageTM Page 128 Page 129 1 battery cases. 2 A You want only the last sentence? 1 One, with reference to -- 2 MR. RICHARDSON: I am sorry, I will let you 3 Q Just the last sentence. We just want to 3 state your objection, and I don't want you to Forget 4 establish -- 4 the question -- A An ounce of prevention may save us reams of 5 MR-SULLIVAN: we will read it back if there j undesirable publicity. 6 is a problem. 7 Q Thank you. 7 Objection. First of all, the reference to 8 ' Now, if the L.I.A. was concerned about 8 Exhibit 9 deals with the issue of people being lead 9 undesirable publicity, and as Exhibit Number -- the 9 poisoned because of burning battery casings which has to last exhibit I just gave you? 10 nothing to do with white lead pigments. U MR. SULLIVAN: 17. 11 Second of all, the L.I.A. is not -- it is a 12 Q 17 states, that lead poisoning continues to 13 be a serious troublesome subject to the industry, from 12 membership organization, it is not in a position of 13 telling its members what to do. They are paint 14 your review of the documents and as a representative 14 companies and they manufacture their own products. 15 of the L.I.A., are you able to say why the L.I.A. did 15 We are not the ones who tell them what to 16 not consider at that time removing white lead from its 16 do, and you are well aware of that, so to imply that 17 paint products? 17 we have that ability or authority is just totally 18 MR. SULLIVAN: objection. 18 improper. 19 MR. DAVID: objection. 19 MR. RICHARDSON: Okay. 20 Q From its members' paint products? 20 MR. WHITEHEAD: I further object to the form 2t MR. SULLIVAN: objection on several issues. 21 of the question and, again, it misstates an obvious Page 130 Page 131 1 fact that the L.I.A. never made any products. 1 considered it a useful product at that time? 2 MR. SULLIVAN: with all of that, if you 2 MR. SULLIVAN: Objection. That is not what 3 would read the question. 3 his testimony is. You have totally mischaracterized 4 (Whereupon, the record was read by the 4 what he said. 5 reporter.) s MR. RICHARDSON: I am trying my best to 6 MR. SULLIVAN: objection. 6 rephrase it. 7 A Lead was an extremely useful product. It is 7 MR. SULLIVAN: I know you are. You are 8 today and it will be for a long time. 8 doing a fine job of rephrasing what the answer was and 9 This statement here does not say anything 9 it is rephrasing that has nothing to do with the 10 about lead paint. You are trying to make it a 10 answer. 11 specific thing to lead paint. 11 The L.I.A. never made a product. There were cases of lead intoxication in 12 MR. RICHARDSON: I am not saying that the j industry and may well -- this may well have been 13 L.I.A. ever made a product. 14 referring to that. 14 MR. SULUVAN: it never removed lead 15 Now, the rest of your question? I am sorry, 15 pigment, nor did it have to, nor did it have the 16 is that -- 16 authority to tell its members. 17 Q That is okay. So, as I understand your 17 MR. DAVID: it further misstates the is testimony, you are telling me that the L.I.A. decided 18 testimony. 19 to continue using white lead -- not the L.I.A., the 19 MR. RICHARDSON: That is what I am trying to 20 L.I.A. decided not to inform its members or suggest to 20 make clear. 21 its members not to use white lead because it stul 21 BY MR. RICHARDSON: Page 132 Page 133 1 Q Why did the L.I.A. -- and if you know, I am 1 with respect to lead poisoning in these exhibits, 2 not asking you to speculate, but why didn't the L.I.A. 2 sir? 3 inform its members that it would be better for them 3 A From time to time we have. Yes. 4 not to use white lead in its paint products in face of 4 Q Okay. And to the extent that we have, my 5 the adverse publicity that it was receiving as of May, s question to you is why didn't the L.I.A. make 6 1939? 6 recommendations to its members who were using white 7 MR. SULLIVAN: Objection. The question 7 lead in their paints not to do so because of the 8 misstates the facts, misstates the documents and 8 potential adverse publicity that may be received as a 9 connects white lead pigments to issues that are not 9 result of doing that? 10 reflected or clearly reflected in these documents as 10 MR. SULLIVAN: Objection. 11 having anything to do with white lead pigments. 11 MR. DAVID: object for all of the reasons 12 MR. DAVID: Further calls for speculation. 12 previously stated to the previous question. 13 MR. RICHARDSON: I have to object to all of 13 MR. SULLIVAN: And I would state it the same 14 these speaking objections. 14 way, but just to save time on the record. 15 A This sentence that you wanted me to read 15 Q All right. 16 does not address itself to white lead paint. 16 A What I would state is that when they became 17 Q That is right. 17 aware of lead poisoning problems such as with the '8 A Yet, you are, in your question, tying it to 18 cribs and toys, the Association did act and did white lead paint. 19 actually get the members and others to not use lead j Q But - well, that is fine. 20 paint for those things that were causing poison. 21 Haven't we today, sir, discussed white lead 21 Q When did that happen, sir? Page 128 - Page 133 Evans Reporting Service Multi-PageTM Page 134 Page 135 1 A This was in 1934 and '5. 1 record. The time is 12:37. 2 Q It is your testimony, sir, that the L.I.A. 2 EXAMINATION 3 acted to inform its members who used white lead in 3 BY MR. RICHARDSON: 4 their paints not to use white lead in those paints as 4 Q Mr. Smith, during the lunch break, was there 5 of 1934 and 1934? 5 any discussion concerning your testimony today? 6 A No, you have left out -- 6 A Yes, there was. 7 MR-DAVID: Objection. 7 MR. SULLIVAN: Keep your voice up, Jerome. 8 Q -- on cribs or toys? 8 A Yes, there was. 9 a You better believe it, yes, and that was 9 Q Was that with your counsel? 10 part of their effort in the records, 10 A That is correct. u Q Okay. 11 Q Was that also with other attorneys in this 12 MR. RICHARDSON: This is a good time for a 12 room? 13 lunch break. 13 A No. 14 MR. SULLIVAN: I guess SO. 14 Q Are you aware of Maryland rules that you are is MR. RICHARDSON: Be back at 12:30 if we 15 not supposed to discuss your testimony during the 16 can. 16 course of the deposition at any time even with 17 MR. SULLIVAN: Okay. Thank you. 17 counsel? 18 (Whereupon, a luncheon recess was taken ~ 18 MR. GRIMM: what rule is that? What rule is 19 11:36 a.m.) 19 that, Mr. Richardson? 20 (Whereupon, afternoon session -- 12:37 p.m.) 20 Cite the rule for me, please. 21 t h e v id e o g r a p h e r : We are back on the 21 MR. RICHARDSON: if necessary, I will file a Page 136 Page 137 1 motion that does that... 1 MR. RICHARDSON: As if you didn't know. 2 mr . g r imm: There is no such rule. If you 2 Mark this, please. 3 can cite it, do it. 3 (Whereupon, Smith Deposition Exhibit Number 4 MR. RICHARDSON: We will See. 4 18 was marked for identification.) 5 MR. s u l l iv a n : I would like to object. The 5 BY MR. RICHARDSON: 6 implication is that he cannot be told that. I think 6 Q Mr. Smith, I am showing you now what has 7 he is doing a fine job and the story is going -- 7 been marked as Exhibit Number 18. 8 MR. RICHARDSON: i don't think you should 8 It appears to be a cover letter with the 9 testify on behalf of your witness, sir. 9 National Lead Company letterhead dated February 15th, to BY MR. RICHARDSON: 10 1940 to Mr. Wormser, Secretary of the Lead Industries 11 Q During the lunch break, sir, were you shown 11 Association, which has attached to it a document that 12 plaintiffs' resubmission to the court? 12 simply has the word copy at the top of it. 13 A No. 13 The document is Bates stamped number at the 14 MR. RICHARDSON: For the record, there is a 14 beginning page NLI20442. is copy for counsel at the end of the table of the 15 (Whereupon, document tendered to witness.) 16 exhibits to be used this afternoon. 16 MR. s u l l iv a n : Just for the record, this is 17 MR. DAVID: Can we have an indication of 17 not an L.I.A. document or one that we produced. 18 what recent submission to the court? 18 Q Let me first ask you, have you ever seen 19 MR. RICHARDSON: Plaintiffs' supplemental 19 that before? 20 responses to defendants' interrogatories. 20 A No. 21 MR. DAVID: oh, thank you. 21 Q Have you seen the copy that is attached to Page 138 Page 139 1 the cover letter? 1 Refining Company, and the National Lead Company were 2 A No, I have not. It is kind of hard to read 2 responsible for establishing the Lead Industries 3 down there, but from what I have seen here, I did 3 Association or were mostly responsible for 4 not -- 4 establishing the Lead Industries Association. 5 MR. s u l l iv a n : The bottom of the second 5 Do you have any knowledge as to which 6 page, the one that has copy at the top, the word copy 6 companies had or were responsible for establishing the 7 at the top, it is very hard to read. It is a number 7 Lead Industries Association? 8 3, but after that it is hard to read. 8 MR. SULLIVAN: Objection. 9 MR. RICHARDSON: My copy is not that bad, 9 MR. DAVID: Objection. 10 but if necessary, I will show you my copy. 10 MR. SULLIVAN: This is a document which he 11 BY MR. RICHARDSON: 11 said he hasn't seen before. If you are just referring 12 Q The first paragraph at the top of page 2, 12 to just that question, does he know who founded it, 13 sir. 13 that is okay. 14 MR. SULLIVAN: The second page or page 2 of 14 BY MR. RICHARDSON: is the copy? There are two -- 15 Q I am not asking you to rely on this 16 MR. RICHARDSON: The second page of the 16 document, 17 document. 17 lam asking you from your knowledge do you 18 MR. SULLIVAN: Okay. 18 know who established the Lead Industries Association? 19 BY MR. RICHARDSON: 19 A I do not. 20 Q The first paragraph suggests that the St. 20 Q Okay. Were you aware, sir, that as of 21 Joseph Lead Company, the American Smelting and 21 February of 1940 the St. Joseph Lead Company was the Evans Reporting Service Page 134 - Page 139 Multi-PageTM Page 140 Page 141 1 largest mining company of lead? 1 Q Okay. 2 MR. SULLIVAN: Objection. If you know. 2 MR. RICHARDSON: Mark this. 3 A No, I do not. 3 (Whereupon, Smith Deposition Exhibit Number 4 Q Were you aware, sir, that the largest lead 4 19 was marked for identification.) ' consumer was National Lead Company at that time? 5 BY MR. RICHARDSON: MR. SULLIVAN: Objection. 6 Q I am now showing you, sir, what has been 7 A Again, I would not have known it. 7 marked as Exhibit Number 19. 8 Q Number 3 on the same page under lead 8 It is a copy of the Board of Directors 9 poisoning, it states that the Association has 9 meeting minutes dated January 7th, 1941. It is Bates 10 supported medical research on lead poisoning at 10 stamped at the first page L.I.A. 251 and ask you to 11 Harvard University ever since its inception. 11 take a look at it to see if this is a document mat 12 Do you have any reason to disagree with that 12 L.I.A. has produced? 13 statement? 13 (Whereupon, document tendered to witness.) 14 A I wouldn't disagree with it, but there is 14 A I believe it is, yes. 15 more to it There was other research that was being 15 MR. SULLIVAN: Keep your voice up. 16 funded. 16 A Yes, I believe it is. 17 Q My question to you, though, sir, is it your 17 Q All right. On the second page, L.I.A. 18 understanding that the L.I.A. has funded medical is 252- 19 research on lead poisoning at Harvard since its 19 MR. SULLIVAN: we are missing that page. 20 inception? 20 Let me just see if it is out of order. 21 A I would agree with that. 21 MR. RICHARDSON: It may not be. Page 142 Page 143 1 MR. SULLIVAN: We are missing several 1 MR. SULLIVAN: So I object to the question. 2 pages. They don't seem to all be in sequence. 2 BY MR. RICHARDSON: 3 BY MR. RICHARDSON: 3 Q Does the document also state that they 4 Q Let me show you my copy of that. I will 4 continued their funding? 5 have to update that exhibit for you and get you a 5 I don't have it in front of me, so I don't 6 complete copy of it. 6 have the exact -- 7 If you would take a moment and read the 7 A Yes, continuing the work at Harvard. 8 section concerning Dr. Barborka. 8Q At Harvard? 9 (Whereupon, document tendered to witness.) 9 A Yes. 10 A Okay. 10 (Whereupon, Smith Deposition Exhibit Number 11 Q Sir, are you able to state why the L.I.A. 11 20 was marked for identification.) decided not to fund that doctor's request for funding 12 BY MR. RICHARDSON: for medical research at that time? 13 Q Mr. Smith, I am now showing you what has 14 A No, I really couldn't say why. I do not 14 been marked as Exhibit Number 20. It is a letter from is know. 15 Mr. Wormser the Secretary of the L.I.A. to Dr. Robert 16 Q The document also states, though, that they 16 Kehoe under the L.I.A. letterhead dated January 19th, 17 are continuing their funding? 17 1944, and the Bates stamp number on this document is 18 MR. SULLIVAN: object. I think when you 18 Plaintiff's Exhibit 1095. 19 asked him that it hadn't been established what the 19 I will ask you to take a moment to look at 20 language said. You just asked him to read it. 20 that and then tell me whether or not you have ever 21 MR. RICHARDSON: That is right. 21 seen that document before? Page 144 Page 145 1 MR. SULLIVAN: As Mr. Smith is going 1 Q On page 10 - 2 through, some parts of the pages are very hard to read 2 MR. SULUVAN: we did not produce it because 3 because of the copies. 3 we didn't have it in the records. 4 I know they are probably difficult on the 4 MR. RICHARDSON: I understand. 5 original, too, but they aiminisn in the copy, so I 5 BY MR. RICHARDSON: 6 apologize for the time it is taking. 6 Q But you have seen it before? 7 MR. RICHARDSON: I disagree that it is hard 7 A I have seen it. 8 to read. I don't -- 8 Q On page PL 1096, at the bottom of that page, 9 MR. SULLIVAN: Your copy may be a little 9 the paragraph begins, as you know, it is our belief 10 better. 10 here based on careful investigation that no crib 11 MR. RICHARDSON: it is the exact copy of 11 manufacturer in the United States today is using any 12 this. I made copies myself last night. 12 lead paint on cribs, nor has he used any for years for 13 BY MR. RICHARDSON: 13 two reasons. 14 Q My question - I am sorry, you haven't 14 Let me stop there, sir. 15 finished yet? 15 That is what you have basically testified to 16 a Okay. 16 is that at some point the members of the L.I.A. n q Have you ever seen that document before? 17 stopped using lead paint on cribs; isn't that 18 A I believe I have. 18 correct? Q It is not a document that the L.I.A. has 19 MR. SULLIVAN: Objection. I think that that produced; isn't that correct, though, Mr. Smith? 20 mischaracterizes the testimony. Not many crib 21 A That is correct. 21 manufacturers and toy manufacturers were members of Page 140 - Page 145 Evans Reporting Service Multi-PageTM Page 146 Page 147 1 the L.I.A. 1 Q They were forms of paints, though; isn't 2 A None of them were. 2 that correct? 3 Q Is it your understanding, sir, that the 3 A He says that. I am not aware that these 4 L.I.A. was aware that crib manufacturers were no 4 were individual paints or combination. I just don't 5 longer using lead on their cribs as of January 1944? 5 know. 6 A I believe that to be true, yes. 6 (Whereupon, Smith Deposition Exhibit Number 7 Q And he states two reasons why that was so. 7 21 was marked for identification.) 8 The first is that other paints such as zinc 8 BY MR. RICHARDSON: 9 oxide, lithopone and titanium-based enamels are 9 Q Mr. Smith, I am now showing you what has to cheaper than white lead and, two, they make a harder 10 been marked as Deposition Exhibit Number 21. It is a 11 and more satisfactory enamel than white lead. 11 letter from Dr. Kehoe to Mr. Wormser of the Lead 12 And my question to you, sir, is the paints 12 Industries Association dated February 7th, 1944. 13 that he is referring to here zinc oxide, lithopone and 13 The front page of this exhibit is Bates 14 titanium-based enamels, were those lead-free paints? 14 stamped Plaintiff's Exhibit 1099. 15 MR. SULLIVAN: objection. If you know. 15 Then I will ask you, sir, if you have seen 16 A I do not know what you mean by lead-free 16 that document before? 17 paints, and I wouldn't be able to characterize it that 17 (Whereupon, document tendered to witness.) 18 way at all. 18 A Okay. 19 Q Okay. So you don't know one way or another 19 Q Have you ever seen that document before, 20 whether they were lead-free or not? 20 sir? 21 A No, no, I wouldn't. 21 A I believe I have. Page 148 Page 149 1 Q This document seems to be in response to Mr. 1 documents -- well, strike that. 2 Wormser's letter of January 19th as it states in the 2 On page 2, he appears to be referring Mr. 3 first paragraph; isn't that correct? 3 Wormser to the data on lead poisoning ana children on 4 A Yes. 4 Queensland. 5 Q Do you have any idea from your review of the 5 Do you know whether or not -- I am sorry, I 6 documents, sir, as to why it was believed by Dr. Kehoe 6 haven't finished the question. 7 that Mr. Wormser would be disappointed in his answer 7 Do you know what I am talking about? The 8 to his letter? 8 second to last sentence in the first full paragraph. 9 MR. SULLIVAN: Objection. 9 Have you seen the data on lead poisoning in 10 A Yeah, I couldn't say. to children in Queensland? Do you see that, sir? u Q As of February of 1944, did your review of 11 A I do see it. 12 the documents in the possession of L.I.A. indicate any 12 Q Did your review of the documents in the 13 documents which discussed the mental retardation in 13 possession of the L.I.A. or the documents produced by 14 children as a result of lead poisoning? 14 the plaintiffs or the other defendants in these cases, 15 MR. SULLIVAN: Above and beyond this 15 did your review of any of those documents show you one 16 document here. 16 way or another whether or not Mr. Wormser was able to 17 MR. RICHARDSON: Above and beyond this 17 review that data on lead poisoning in connection with 18 document here. 18 the children in Queensland? 19 MR. SULLIVAN: Do you have a memory? 19 A No, there would be no way of knowing whether 20 A I do not recall any such thing. 20 he was and whether he had it. 21 Q Were you able to locate any other 21 Q So you did not see anything that would Page 150 Page 151 1 indicate that? 1 it, so I don't think he knows. 2 A No. 2 Q I am not asking you whether or not you have 3 Q Thank you, sir. 3 seen the document, sir. 4 (Whereupon, Smith Deposition Exhibit Number 4 lam asking you do you believe that this 5 22 was marked for identification.) 5 appears to be a follow-up of the -- 6 BY MR. RICHARDSON: 6 A It may be, I don't know. 7 Q Mr. Smith, I am now showing you what has 7 MR. SULLIVAN: I object. 8 been marked as Deposition Exhibit Number 22. 8 Q As you read the document, you see there is 9 It is a letter to Dr. Kehoe from Mr. Wormser 9 an indication on the bottom of page 1 where Mr. 10 dated July 25th, 1944 on L.I.A. letterhead, and the 10 Wormser states that he was interested in reading one 11 first page of the document is Bates stamped 11 of the reports of the Queensland lead poisoning 12 Plaintiff's Exhibit 1109, and I would ask you to take 12 literature that you were kind enough to let me 13 a moment to look at that and see if you have ever seen 13 examine. 14 that document before. 14 Does it appear, then, from this document, is Have you ever seen this document before? 15 that Mr. Wormser did, in fact, have an opportunity to 16 (Whereupon, document tendered to witness.) 16 review at least one of the reports concerning the 17 A 1 don't believe so. 17 Queensland lead poisoning literature? 18 Q This appears to be a follow-up to the 18 MR. SULLIVAN: objection. I think the 19 preceding exhibit; isn't that correct? 19 document speaks for itself. 20 A It looks -- 20 A I can't say that he did. It is not our 21 MR. SULLIVAN: Objection. He hasn't seen 21 document. I don't know. Evans Reporting Service Page 146 - Page 151 Multi-PageTM Page 152 Page 153 1 Q You have seen nothing in your review of the 1 this letter--this letter says Wormser read it. I 2 documents to indicate that he has not seen that 2 don't understand that letter, if that is what you are 3 report, though, did you? 3 saying, beyond the letter, because this letter says he 4 MR. SULUVAN: Objection. A He may or may not. There is nothing to indicate either way. 7 Q Okay. 8 (Whereupon, Smith Deposition Exhibit Number 9 23 was marked for identification.) 10 MR. SULUVAN: I think you ought to clarify 11 that 12 A Could you13 Q I am not going to repeat the question, sir. 14 lam ready for the next question. is lam now showing you what has been marked as 16 Deposition Exhibit -- what is the number? 17 (Whereupon, document tendered to witness.) 18 THE REPORTER: 23. 19 MR. RICHARDSON: You will have an 20 opportunity to clarify when it is your turn, sir. 21 MR. SULLIVAN: I think at the time -- beyond 4 did. 5 BY MR. RICHARDSON: 6 Q All right. You have been shown what has 7 been marked as Exhibit Number 23, sir, and I would 8 like you to take a moment to look at that and see if 9 you have ever seen that document before. 10 It is dated January 29th, 1945. It is a 11 letter from Dr. Kehoe to a Mr. J.H. Schaefer, 12 S-c-h-a-e-f-e-r, of the Ethyl Corporation. 13 It is Bates stamped on the front page 14 Plaintiff's Exhibit 1130. 15 MR. SULLIVAN: Have you ever seen that 16 before. 17 Q Have you ever seen this before? 18 A I have not. 19 Q From your review of the documents, Mr. 20 Smith, were you able to determine whether or not Mr. 21 Wormser ever received a copy of this? Page 154 Page 155 1 MR. SULLIVAN: Objection. 1 BY MR. RICHARDSON: 2 A I didn't see. 2 Q I am now showing you what has been marked as 3 Q Okay. Was the Ethyl Corporation a member of 3 Deposition Exhibit Number 24.. 4 the Lead Industries Association at this time? 4 It is a copy of the Executive Committee s A I do not know. 5 meeting minutes of the L.I.A. dated December 28th, 6 Q Do you know whether or not the Ethyl 6 1945. 7 Corporation was a member of the Board of Directors of 7 . The First page of which is Bates stamped 8 the L.I.A. at this time? 8 L.I.A. 2710. It is parallel to the category 9 A I don't. 9 statistics. 10 Q Do you know whether or not the Ethyl 10 (Whereupon, document tendered to witness.) 11 Corporation ever made this document available to the 11 A Okay. ' L.I.A.? 12 Q My first question, sir, is, is this a MR. SULLIVAN: Just listen. He was reading, 13 document that was produced by the L.I.A.? 14 so I don't know if he heard the first part of your 14 A Yes. 15 question. 15 Q On the first page under also present it has 16 Q Do you know whether or not the Ethyl 16 J.H. Schaefer of the Ethyl Corporation. 17 Corporation ever made this exhibit available to the 17 So at least as of December of 1945 this 18 Board of the L.I.A.? 18 appears to indicate that the Ethyl Corporation was a 19 A I do not know. 19 member of the L.I.A.; isn't that correct? 20 (Whereupon, Smith Deposition Exhibit Number 20 MR. s u l u v a N: objection. If-- 21 24 was marked for identification.) 21 A I can't tellfrom that. Page 156 Page 157 1 Q This says a meeting of the Executive 1 Q And the American Smelting and Refining 2 Committee of the L.I.A. industries association was 2 Company, weren't they also a member at that time? 3 held on Friday, December 28th, 1945 and it lists 3 A I think they were. 4 present one of which was the Ethyl Corporation. 4 Q And the United States Smelting, Refining and 5 Doesn't it, in fact, do that? 5 Mining Company, weren't they also a member at that 6 A It lists present, also present, yes. 6 time? 7 Q Would the L.I.A. have companies who were not 7 a I don't know. 8 members attend its Executive Committee meeting -- 8 Q On page 2, sir, under safety and hygiene 9 Executive Committee meetings? 9 program - 10 MR. SULLIVAN: Objection. 10 MR. DAVID: I think that is page 3, if I am u A I don't know. They may have. 11 not mistaken. 12 Q Have you seen anything to indicate that that 12 MR. RICHARDSON: Actually, it is page 3. I 13 was so? 13 am sorry. 14 MR. SULLIVAN: objection. 14 MR. SULLIVAN: is page 2 missing? is A I have not seen anything either way. 15 MR. RICHARDSON: It is a copy on every 16 Q Wasn't the National Lead Company a member of 16 side. You don't have that on that exhibit? n the L.I.A. at that time? 17 MR. SULUVAN: The next page is missing. We 18 A I believe they were. 18 go from document number 2710 to 2712 to 2714 to 2716. ' Q Wasn't the St. Joseph's Lead Company a 19 MR. RICHARDSON: I will make another copy of . member of the L.I.A. at that time? 20 that and I will show you my copy. This is number - 21 A I believe they were. 21 THE REPORTER: 24. Page 152 - Page 157 Evans Reporting Service Multi-PageTM Page 158 Page 159 1 MR. SULLIVAN: 24. 1 finish reading it and then we will answer the 2 BY MR. RICHARDSON: 2 question. 3 Q On page 3 which is 2712 under the category 3 (Whereupon, pause.) 4 safety and hygiene program, sir, it reads, after 4 MR. SULLIVAN: objection, but if you know. 5 discussion, it was felt desirable to engage in more 5 Q Let me rephrase the question so that you 6 activity along the lines of safely and hygiene in the 6 understand. 7 interest of better public and private information on 7 From your review of all of the documents, 8 lead, but it was not desirable at this time to 8 were you able to determine why it was that the L.I.A. 9 appropriate the suggested sum of $62,500 for the 9 decided at that point not to appropriate that amount 10 purpose. 10 of money for the purpose of developing better public 11 The secretary was authorized, however, to 11 and private information on lead? 12 add an assistant to help the staff in organizing in 12 MR. SULUVAN: objection. 13 carrying out this important phase of the Association's 13 A I do not know why. 14 activities. 14 Q If you can refer back to what is identified, 15 And my question to you, sir, is, were you 15 I guess, as L.I.A. 2727. 16 able to determine from your review of all ofthe 16 In fact, it begins on the previous page, and 17 documents why it was not desirable by the L.I.A. to 17 you may just want to look at those two pages to get a 18 appropriate that sum for the purpose of developing 18 complete reading of the document. 19 better public and private information on lead? 19 (Whereupon, pause.) 20 MR. SULLIVAN: Objection. We have to finish 20 a Okay. 21 reading. We just flipped to that section, so we will 21 Q All right. Isn't it true, Mr. Smith, that Page 160 Page 161 1 the most important use of white lead was its use in 1 the history from up to this period. 2 paints? 2 Q Okay. 3 MR. SULLIVAN: objection. 3 MR. SULLIVAN: Keep your voice up. 4 A I can't say that. I don't know. 4 A Okay. 5 Q Has your review of the documents indicated 5 Q Those documents were in the possession of 6 one way or the other whether or not the most important 6 the L.I.A.? 7 outlet for white lead was its use in paints? 7 A Yes. 8 MR. SULLIVAN: objection. 8 Q Okay. On the next page, sir, the third full 9 A These documents, it is like 20,000 of them 9 paragraph, it reads in part, the Lead Industries 10 and I can't say right now that I recall that 10 Association in its internal thinking has always met 11 particular statement. 11 the problem of lead poisoning frankly and fearlessly. 12 Q Okay. Were you able to locate any documents 12 Externally it has avoided public discussion 13 from your review of the documents which would support 13 except where driven to a defense, and from your review 14 the statement that the Lead Industries Association 14 of the documents, sir, are you able to say why the 15 over a period of 15 years had a vast amount of is L.I.A. decided to avoid public discussion of lead 16 experience in the field of both occupational and 16 poisoning unless driven to a defense? 17 public lead poisoning? 17 MR. SULLIVAN: objection. 18 A I am sorry? 18 Q If you know. 19 Q Were you able to locate any documents to 19 A I do not know. 20 support that statement? 20 Q And, again, on page L.I.A. 2728. 21 A Oh, yes, I think there are items throughout 21 MR. SULLIVAN: That is the next page. Page 162 Page 163 1 A Oh. 1 conception that the ingestion of extremely minute 2 Q Number5 under education of medical 2 amounts of lead -- 3 authorities. 3 MR. SULUVAN: where are you reading from 4 It says an investigation should be started 4 now, I am sorry? 5 sometime in the future endeavoring to prove that the 5 MR. RICHARDSON: The same thing. 6 ingestion of extremely minute amounts of lead contrary 6 BY MR. RICHARDSON: 7 to popular conception may be actually beneficial to 7 Q - was harmful? 8 public health. 8 MR. SULLIVAN: Would you repeat the 9 MR. SULLIVAN: Objection. 9 question, please, I am sorry. 10 Q Did I read that correctly? 10 Q Were you able to locate any documents from u A You read it. 11 those that you reviewed which supported the statement 12 Q Okay. And my question to you, sir, is, from 12 or the contention that the ingestion of extremely 13 your review of the documents that the L.I.A. produced, 13 minute amounts of lead was harmful? 14 that the defendants produced and the plaintiffs 14 MR. SULLIVAN: Objection. We are talking 15 produced in this litigation, were you able to 15 back in 1945; is that correct? 16 determine whether or not such an investigation was, in 16 Q At any time from your review of the 17 fact, started? 17 documents, did you see any documents which would 18 MR. SULLIVAN: objection. 18 address that statement? 19 A I know of no such investigation. 19 MR. s u l l iv aN: objection from a time frame 20 Q Okay. Were you able to locate any documents 20 standpoint. 21 which supported the statement that it was the popular 21 A Yeah, this is a long period of time and Evans Reporting Service Page 158 - Page 163 Multi-PageTM Page 164 Page 165 1 many, many -- 1 (Whereupon, Smith Deposition Exhibit Number 2 Q Did you see any documents? 2 25 was marked for identification.) 3 A I saw no documents. 3 BY MR. RICHARDSON: 4 Q Okay. Had you heard the name Manfred 4 Q Sir, I am now showing you what has been Bowditch before, sir? 5 marked as Deposition Exhibit Number 25. . a Heard the name? 6 It appears to be a copy of the Executive 7 Q Yes. Dp you know who Manfred Bowditch was? 7 Committee meeting minutes dated April 2nd, 1948. The 8 A I know who he was, yes. 8 first page of which is Bates stamped L.I.A. 2770, and 9 Q And who was he? 9 I would ask you, first, is this a document that was 10 A At one time he was the director of hygiene 10 produced by the L.I.A.? 11 and safety, I believe. 11 (Whereupon, document tendered to witness.) 12 Q For whom? 12 A Yes, it was. 13 A For the Lead Industries Association. 13 Q If I can refer you and then will give you an 14 Q Okay. Were you aware, sir, that he was a 14 opportunity to read it, Exhibit A, which is L.I.A. is graduate of Harvard College? 15 2775. Take a moment and read that. 16 A I don't think I was. 16 (Whereupon, pause.) 17 Q Were you aware, sir, that he was a lecturer 17 BY MR. RICHARDSON: 18 and instructor on industrial hygiene at the Harvard 18 Q Have you read the document, sir? 19 School of Public Health? 19 A I have read that page, yes. 20 A Yes. 20 Q Okay. Doesn't this particular page to the 21 MR. RICHARDSON: Mark this one. 21 exhibit state that there was an agreement, an Page 166 Page 167 1 endorsement of a statement of policy between the 1 Q Is this an agreement between the two bodies, 2 American Zinc Institute and the Lead Industries 2 one is an institute and one is an Association, to 3 Association where under which they agreed not to 3 agree not to attack each other's products because to 4 attack any publicity concerning the particular 4 do so would be inimical to the interests of the 5 products or each or those Association's members? 5 combined industries? 6 MR. s u l l iv an : Objection. I think that is 6 MR. DAVID: objection. 7 your characterization. The document speaks for itself 7 MR. SULLIVAN: Objection. I think you are 8 as to what it says. 8 asking, one, for a legal conclusion and, two, the 9 Q I am sorry, let me read it into the record. 9 document speaks for itself. 10 lam reading paragraph 2. 10 BY MR. RICHARDSON: 11 The important outcome was the endorsement of 11 Q You can answer the question, if you know. a statement of policy which declared that, while the 12 A Again, the document speaks for itself. , American Zinc Institute and the Lead Industries 13 Q The document also seems to speak to the fact 14 Association should feel free to defend any unfair 14 that the National Paint Varnish and Lacquer is attack upon zinc and lead and their products, any 15 Association would act as a referee to any such 16 defense measures used in behalf of one product which 16 disputes that could not be resolved between the 17 directly or indirectly, stated or implied, involved an 17 American Zinc Institute and the Lead Industries 18 attack upon another, should be declared inimical to 18 Association; isn't that, in fact, true? 19 the interests of the combined industries. 19 MR. SULLIVAN: Objection. That goes beyond 20 Did I read that correctly, sir? 20 what that paragraph says. 21 A You did. 21 The paragraph speaks for itself and it is Page 168 Page 169 1 restricted to just unfair statements that are felt to 1 could read that section, sir? 2 be made between one group and the other group. 2 (Whereupon, pause.) 3 Q That is what I am talking about, sir. 3 A Okay. 4 A It says they should seek the assistance of 4 Q Sir, isn't it true that the L.I.A. believed 5 the MPVLA. 5 that most children who were lead poisoned received 6 Q Thank you, sir. 6 that lead poisoning as a result of their exposure to 7 (Whereupon, Smith Deposition Exhibit Number 7 lead-based paints? 8 26 was marked for identification.) 8 MR. SULLIVAN: Objection. You are not 9 BY MR. RICHARDSON: 9 referring to this document, you are asking generally? 10 Q Mr. Smith, I am now showing you what has 10 MR. RICHARDSON: I am not. 11 been marked as Deposition Exhibit Number 26. 11 MR. SULLIVAN: what time frame are you 12 It is a letter from Manfred Bowditch, 12 talking about? 13 Director of Health and Safety, L.I.A., to members of 13 MR. RICHARDSON: I am talking about all 14 L.I.A. dated December 1st, 1950, and the first page of 14 relevant times from the beginning of its inception up 15 it is Bates stamped L.I.A. 10784. is until the 1970s. 16 My question to you, sir, is this a document 16 MR SULLIVAN: You are asking him to report 17 that the L.I.A. produced? 17 a whole history here -- 18 (Whereupon, document tendered to witness.) 18 MR. RICHARDSON: He has reviewed the A Yes, it looks like it is. 19 documents. j Q If I can refer you, sir, to L.I.A. 10786 of 20 MR. SULLIVAN: Mr. Smith, give him the 21 that. Number 5 under reports of childhood, if you 21 story. Page 164 - Page 169 Evans Reporting Service Multi-PageTM Page 170 Page 171 1 MR. CALDWELL: I object to the form of the 1 and I think they turned to blood leads both to try to 2 question. 2 determine if somebody had received too much lead, had 3 A You go back to the beginning, the inception, 3 taken in too much lead because these were biological 4 which you mentioned, I started just before lunch and 4 indicators. 5 mentioned the fact that there were efforts underway 5 They were the keys that, I think, Wormser 6 to -- by the Association to look at lead poisoning, 6 and possibly some of the others at that time who were 7 whatever the cause, and to try to determine how this 7 having trouble with this -- they really didn't know. 8 was happening and try to get to the bottom of it. 8 You know, there was no good way to determine 9 One of the efforts that showed promise was 9 who had an elevated blood lead and whether it was 10 removing lead, getting crib manufacturers and toy 10 actually that or some other thing that was causing 11 manufacturers to agree to remove lead paints from 11 this problem. 12 those products. 12 Later on there was considerable effort to 13 This was accomplished around 1933, and in 13 try to focus on blood and urine because these were 14 the meantime, of course, there was efforts, studies 14 considered good determinants. 15 going on through Dr. Aub and Fairhall and others to 15 There was a medical group that came up with 16 try to get a handle on how you actually determine what 16 dithizone as a means for analyzing for lead in urine 17 lead poisoning is, how you can point to it and say 17 and blood. 18 this is lead poisoning or this is not. 18 This made the whole picture much clearer and 19 There was an effort with X-ray fluorescence, 19 it was later on in years around 1960 we came in with 20 there were other efforts. Ultimately in the -- in 20 atomic absorption. 21 around the late '40s they, I think, turned to urine, 21 A little bit later than that there were Page 172 Page 173 1 other improvements where you could get down into -- 1 Q That is right. 2 measuring blood leads you are talking about parts per 2 A They were '49, and this had nothing to do 3 billion which is a very, very tiny amount ana there 3 with lead-based paint. 4 were developments where you could - in the late '70s 4 Q Did there come a time when you on behalf of 5 and long into the '80s and on into the '90s even new 5 the L.I.A. held the position that most children 6 methods were developed that would allow one to check 6 exposed -- who were lead poisoned received that lead 7 the blood and determine the level of lead in it. 7 poisoning as a result of their exposure to lead 8 Q All right. Now, whatever method was used at 8 paint? 9 whatever period of time that you have just gone over 9 MR. SULLIVAN: objection. Again, time to to determine how or if a child was lead poisoned, once 10 frame. 11 a determination was made that a particular child was, 11 Q Did there --lam sorry. 12 in fact, lead poisoned, isn't it true that it was the 12 MR. SULUVAN: I may be -- 13 L.I.A.'s position that that lead poisoning came from 13 MR. RICHARDSON: I am sorry. I don't want 14 that child's exposure to lead-based paint as opposed 14 you to answer for him. 15 to some other type of a lead product? 15 MR. SULLIVAN: I think the time frame 16 MR. SULLIVAN: Objection. Again, time 16 changed. If you want him to give you the story over 17 frame. If you want him to talk about '28 to '80, that 17 time, he will do that. 18 is okay. 18 MR. RICHARDSON: He already did that. 19 Q Yes. 19 MR. SULLIVAN: if you want the knowledge -- 20 A We before looked at a case in Baltimore, as 20 A If you want to -- 21 a matter of fact, of battery cases. 21 MR. RICHARDSON: I actually never asked you Page 174 Page 175 1 how you determined. That is what you went off on. 1 Q Mr. Smith, let me give you a transcript of 2 BY MR. RICHARDSON: 2 your deposition in the Santiago case. 3 Q Sir, let me be very specific. 3 lam looking for the date of this, October 4 In fact, isn't it true you testified in the 4 19th, 1989, and I would like to show you page 150. It 5 past that there came a time when you believed that 5 is midway down the page where the question begins, as 6 most children who were lead poisoned received that 6 we sit here today in 1989. If you could read that 7 lead poisoning as a result of their exposure to lead- 7 question and answer out loud, please. 8 based paint? 8 (Whereupon, transcript tendered to witness.) 9 MR. SULLIVAN: objection. Again, time 9 MR. SULLIVAN: You want him to answer 10 frame. You are talking from '28 to 1980 -- 10 today's answer or the answer that he had at the time? 11 MR. RICHARDSON: I am sorry, Mr. Sullivan, I 11 MR. RICHARDSON: The answer that he had at 12 am asking him, isn't it true that he has testified to 12 the time. 13 that in the past? There is no time frame to that 13 MR. SULLIVAN: Okay. 14 question. 14 A Question, as we sit nere today in 1989, does 15 MR. SULLIVAN: He is, I presume, the L.I.A. is the L.I.A. have a position as to whether or not most 16 and the L.I.A. had various positions at various 16 children who are alleged to have lead poisoning have 17 times. 17 that poisoning as a result of exposure to lead-based 18 MR. DAVID: Overruled. 18 paints as opposed to exposure to lead from other 19 MR. SULLIVAN: if you want him to give you 19 sources? 20 that history, he will do so. 20 Answer, I believe that to be a fact. 21 BY MR. RICHARDSON: 21 Q Thank you. That was your answer as of that Evans Reporting Service Page 170 - Page 175 Multi-PageTM Page 176 Page 177 1 time? 2 A That was my answer. 1 a report in the increase in the number of cases at the 2 Children's Hospital in Cincinnati has yet to be 3 Q And you spoke on behalf of the L.I.A. at 3 confirmed. 4 that time? 4 Do you know whether or not they went to that A I did. 5 hospital to attempt to confirm those cases of alleged MR.SUt.UVAN: objection. 6 childhood lead poisoning? 7 Q Now, with respect to this exhibit now before 7 A In 1950? 8 you, sir, on the page L.I.A. 10786, from your review 8 Q Yes. 9 of the documents, sir, were you able to determine 9 A I know there was -- did Dr. Byers do that? to whether or not the L.I.A. ever investigated to confirm 10 lam not sure. I know there were -- there was 11 any of these 29 cases of lead poisoning in Baltimore? 11 research done in Cincinnati on childhood lead 12 MR. SULLIVAN: In 1950? 12 poisoning about that time. 13 MR. RICHARDSON: Yes. 13 Q Have you ever seen correspondence or 14 A I believe they wanted to investigate this 14 documents generated by the L.I.A. where those 15 through Johns Hopkins. 15 documents reflected confirmations of childhood lead 16 Q Do you ever know if they ever did? 16 poisoning? 17 A I believe they did. I believe it was Dr. 17 MR. SULUVAN: Objection. Are you talking 18 Chisolm, I believe. 18 from 1928 to 1980? 19 Q Okay. 19 MR. RICHARDSON: 1928 to the mid 1970s. 20 A I believe who did that work. 20 MR. CURTIS: I object to the form of the 21 Q All right. In that same paragraph it says. 21 question. Page 178 Page 179 1 MR. SULLIVAN: Objection. 1 question. 2 A Restate that, please. 2 BY MR. RICHARDSON: 3 Q Have you ever seen any documents, L.I.A. 3 Q Let me try this one more time, sir. 4 documents, which reflected a confirmation of childhood 4 All I am trying to find out is that there is 5 lead poisoning between 1928 and the mid 1970s? 5 a lot of indication in these documents about how the 6 MR. DAVID: objection to the form of the 6 L.I.A. is always trying to address each case as it 7 question, it has nothing to do with lead paint. 7 comes up for the purpose of trying to determine 8 MR. SULLIVAN: objection. 8 whether or not it is a legitimate case of childhood 9 BY MR. RICHARDSON: 9 lead poisoning or not and my question to you, sir, is, 10 Q You may answer the question. 10 have you seen any documents which would state that we 11 MR. SULLIVAN: I am confused.Confirmation 11 went to a particular city, we investigated and, yes, of childhood lead poisoning reported by whom to whom? 12 in fact, those cases are legitimate cases of childhood MR. RICHARDSON: By anybody to anybody. 13 lead poisoning? 14 MR. SULLIVAN: y o u mean like an article or 14 MR. SULLIVAN: Objection. 15 letter to the L.I.A. We have to define what it is -- 15 MR. DAVID: Object to the question. 16 MR. RICHARDSON: We don't have to define. I 16 BY MR. RICHARDSON: 17 understand that you are confused though. 17 Q Have you seen any documents where that 18 MR. SULLIVAN: Maybe the witness is. 18 confirmation has been reflected, to the extent that 19 MR. RICHARDSON: Well, we sure know that you 19 you know? 20 are. 20 MR. DAVID: Objection, irrelevant and 21 MR. SULLIVAN: Yes, I am. It is a bad 21 unrelated to lead paint. Page 180 Page 181 1 Q You can answer the question. 1 A That is what it appears. 2 MR. SULLIVAN: objection. We have - asked 2 MR. CURTIS: I object to the question. 3 and answered, we have talked about the Baltimore 3 MR. SULLIVAN: Objection. You mean as to 4 investigation, we have talked about these two 4 whether it was to confirm that there was or wasn't? 5 investigations. He has answered it. 5 The investigation is to determine whether 6 MR. RICHARDSON: He has not answered it. I 6 something is or isn't 7 have never asked that question before. 7 MR. RICHARDSON: I am not interested in any 8 BY MR. RICHARDSON: 8 investigation to determine whether there is or isn't 9 Q Can you answer that question, sir? 9 as I have stated very clearly so far. 10 MR. SULLIVAN: would you read back the 10 BY MR. RICHARDSON: 11 question? 11 Q I am trying to ask you as to whether or not 12 (Whereupon, the record was read by the 12 your review of the documents has shown any documents 13 reporter.) 13 whether any member of the L.I.A. or any employee of 14 MR. SULLIVAN: objection. These are or are 14 the L.I.A. has stated in that document that the 15 not legitimate childhood cases. 15 investigation was done and the results of that 16 BY MR. RICHARDSON: 16 investigation showed conclusively that there was 17 Q You can answer, sir. 17 legitimate cases of childhood lead poisoning aS a 18 A I would hold up the Johns Hopkins effort 18 result of exposure to lead-based paint? ' right here as one example. 19 MR. DAVID: I object to the form of the Q Of a confirmation of childhood lead 20 questioning to the extent that if the witness has not 21 poisoning? 21 seen any such documents, such document never did exist 'age 176 - Page 181 Evans Reporting Service Multi-PageTM Page 182 Page 183 1 or doesn't exist at this point. 1 publicity and warrant every effort to find effective 2 A I have not seen them at this point. 2 preventive measures. I am sorry, means. 3 Q That is all I am asking, whether or not you 3 Do you see that, sir? 4 have seen any documents. 4 MR. DAVID: I object to the question. It is 5 MR. SULLIVAN: Again, time frame is of 5 irrelevant, immaterial, has nothing to do with lead 6 concern to me. 6 paint. 7 We talked this morning about a case where 7 MR-RICHARDSON: I believe it does. That is 8 they were notified and did investigations at Harvard 8 why I am asking the question. 9 and Dr. Aub and so forth. He has also pointed to this 9 MR. DAVID: Do you see lead paint in that 10 investigation here. 10 paragraph? 11 MR. RICHARDSON: we are not talking about 11 MR. RICHARDSON: I don't have to see lead 12 investigations. We are talking about confirmations. 12 paint in that paragraph to ask the question and you 13 It is a big difference between the two. 13 know that to oe true. 14 MR SULLIVAN: You get confirmation through 14 MR DAVID: I know it is irrelevant and 15 an investigation. Sometimes it may say yes and may 15 misleading. 16 say no. 16 MR RICHARDSON: You may think it is 17 BY MR. RICHARDSON: 17 irrelevant and misleading. 18 Q Now, the same document, sir, number 5, the 18 MR DAVID: I know it is irrelevant and 19 last sentence, it reads as follows: 19 misleading -- 20 Whether justified or not, there obviously -- 20 MR. RICHARDSON: You are not God, you don't 21 lam sorry, these obviously constitute most adverse 21 know -- Page 184 1 MR. DAVID: That is all right, sir, you 1 2 don't want to know the truth. 2 3 MR. RICHARDSON: You don't want to know the 3 4 truth. Your client -- never mind. 4 5 MR. SULLIVAN: Let me get my objection in 5 6 here. 6 7 Reading that sentence, obviously it refers 7 8 to these issues, the word these, and that has to be 8 9 defined which is defined by all of that information 9 10 that consists in the previous, you know, multiple 10 11 sentences that precede it, and I think that to ask him 11 12 if those are the words, yes, those are the words, 12 13 but - 13 14 MR. RICHARDSON: I don't want you to testify 14 15 that those are the words. I am asking him. 15 16 MR. SULUVAN: You have the potential to use 16 17 this videotape deposition and to read one small 17 18 portion of a paragraph that contains a few words but 18 19 yet a reference to a whole series of things that 19 20 precede it and just use those minor words to 20 21 mischaracterize the paragraph is inappropriate. 21 Page 185 MR. RICHARDSON: I don't think that is my -MR. SULUVAN: He should have the whole paragraph available and read it all into the record and so the -BY MR RICHARDSON: Q And you have had an opportunity to read that paragraph to yourself, have you not? MR. SULUVAN: I think he ought to read the whole paragraph into the record. If you want to ask him about the last sentence, he should read the whole paragraph. Q My question to you, sir, is this: Isn't it true that the most effective, preventive means of avoiding adverse publicity with respect to childhood lead poisoning is to take the lead out of the products that was causing the lead poisoning? MR. SULUVAN: Objection. That is not what that paragraph says. MR RICHARDSON: I am not asking him if that is what the paragraph says. This is my question to Page 186 Page 187 1 the witness. 1 L.I.A. 10886. 2 MR. CURTIS: I object. 2 I ask you to take a look at that and see if 3 MR. SULLIVAN: He doesn't even understand 3 you have ever seen that before or whether or not that 4 the question. It doesn't make any sense. 4 document was produced by the L.I.A.? 5 A No. 5 (Whereupon, document tendered to witness.) 6 Q Okay, that is fine. 6 MR. SULLIVAN: is the date -- 7 MR. s u l u v a N: what did you say? 7 MR. RICHARDSON: The date is on the last 8 THE WITNESS: I said no. 8 page. 9 MR. RICHARDSON: He understood the 9 MR. SULLIVAN: Oh, thank you. 10 question. 10 MR DAVID: Mr. Sullivan, what is the Bates 11 MR. RICHARDSON: Mark this, please. 11 number on that, please. 12 (Whereupon, Smith Deposition Exhibit Number 12 MR. SULLIVAN: It is L.I.A. 10886. It looks 13 27 was marked for identification.) 13 like this. 14 MR DAVID: Are we going to get into 14 MR. DAVID: Thank you. 15 anything during the time period he was actually 15 (Whereupon, pause.) 16 employed there? 16 BY MR. RICHARDSON: 17 BY MR. RICHARDSON: 17 Q Is this a document, sir, that has been 18 Q I am now showing you, sir, what was marked 18 produced by the L.I.A.? 19 as Exhibit Number 27. It is a report from Manfred 19 A Yes, I believe it has. 20 Bowditch dated January 1952 under the L.I.A. 20 Q You have seen this document before? 21 letterhead, the front page of which is Bates stamped 21 A I do not recall seeing this document. I Evans Reporting Service Page 182 - Page 187 Multi-PageTM Page 188 Page 189 1 missed it. 1 you able to determine why that was of some concern to 2 Q It appears to be a listing by state as to 2 the L.I.A. at that time? 3 whether or not a particular state requires some form 3 A No. In fact, I couldn't even find what you 4 of labeling on its products. 4 were referring to here. Let me read it, please. Is that your reading of the document, sir? 5 Q Sure. > MR. SULLIVAN: Objection. That is your 6 A Okay. And your question was? 7 characterization. The document speaks for itself. 7 Q From your review of all of the documents, 8 Q That is what I am asking. 8 are you able to determine why the L.I.A. was concerned 9 Do you interpret this document to be a 9 about the warning labeling requirements of those four 10 listing by state of the - 10 states in January of 1952? n A It is very hard to read, but it looks as 11 MR. SULUVAN: Objection. If you know. 12 though it was an inquiry made to these various 12 A I believe that, at that time, the 13 states. 13 Association was interested in working with states to 14 Q As to? 14 -- to help them in determining what land of warning 15 A As to whether or not they had to use warning 15 labels they wanted for their paint products. 16 labels. 16 It may be that -- well, that is 17 Q The last page, sir, L.I.A. 10890, the 17 speculation. 18 paragraph seems to state that the only states 18 Q Okay, if you don't know, I don't want you to 19 requiring warning labeling that are of some concern 19 speculate. 20 are California, Hawaii, Illinois and Ohio. 20 A I don't. This was an effort that preceded 21 And from your review of the documents, are 21 the L.I.A.'s work with trying to get an a n s i or a s a Page 190 Page 191 1 standard developed, Z66, which did require warning 1 Q Okay. I would like to refer you to page 2 labels as I understand it. And this took place in 2 L.I.A. 22114 and ask you to read -- and the next page, 3 '53, '54 and '55, so this was a precursor to that. 3 to read the section on lead hygiene. 4 L.I.A. was trying to help gather the 4 lam only interested in the sections 1, 2, 3 5 information and get something moved along to get that 5 and 4, but so that you will have a complete reading of 6 in place. 6 the section and be able to answer the question. 7 Q I see. Thank you, sir. 7 A Okay. 8 (Whereupon, Smith Deposition Exhibit Number 8 Q So the paragraph number 4 states that 9 28 was marked for identification.) 9 childhood lead poisoning continues to be our most 10 BY MR. RICHARDSON: 10 troublesome problem and the cause of much publicity. 11 Q I am now showing you, sir, what has been 11 We have accumulated hundreds of newspaper marked as Exhibit Number 28. 12 clippings on the subject. It is evident that these j It appears to be a report of the Secretary 13 cases cannot be run down individually, case by case, 14 of the L.I.A. to the members of the Lead Industries 14 with any hope of curing the situation. 15 Association dated April 9th, 1952, the front page of 15 An overall broad approach of education of 16 which is Bates stamped L.I.A. 22111. 16 the medical profession, education of parents and other 17 And my first question after you have had a 17 protective measures seems essential. 18 chance to look at it, is this a document that was is And my question to you, sir, is from your 19 produced by the L.I.A.? 19 review of the documents, were you able to identify 20 (Whereupon, document tendered to witness.) 20 anything which reflected specific attempts on the part 21 A Yes, it is. 21 of the L.I.A. to educate the parents? Page 192 Page 193 1 A Yes. 1 real. 2 Q And what documents were they? 2 And that was a very difficult thing to do, 3 A I am glad you asked. 3 as I went through the litany before. Each one of 4 MR. SULLIVAN: Objection, but go ahead, if 4 these steps improved the ability to diagnose. 5 you can answer. s It was something that the association was 6 A There were many things that the Association 6 doing way before a lot of others. 7 did -- 7 Q I appreciate your response, but that really 8 Q In 1952? 8 wasn't a response to my question. 9 A -- along these lines, yes, sir, education 9 My question was, can you state for me 10 being very important. We obtained documents from the 10 specific attempts on the part of the L.I.A. to inform 11 Public Health Service dealing with this. These were 11 tne parents, only the parents. 12 distributed broadly. 12 A No, you didn't mention parents. 13 I believe that the Association itself 13 Q I stated parents. You talked about studies 14 undertook to develop a booklet entitled. Lead and 14 that they got involved with and you talked about how 15 Pediatrics. That was put together to help direct isthey informed the medical profession. 16 information to the medical community. 16. A Absolutely. 17 In addition, through the studies at Johns 17 Q Are you aware of any efforts on the part of '8 Hopkins and Harvard and Cincinnati, we were attempting 18 the L.I.A. as of 1952 to inform the parents about the to get the best medical people known to work on means 19 problems of childhood lead poisoning? j for improving the diagnostics, how to run a blood lead 20 MR. Su l l iv a n : objection. 21 and be sure that the numbers you were getting were 21 Q You can answer. Page 188 - Page 193 Evans Reporting Service Multi-PageTM Page 194 Page 195 1 A There were -- obviously the work that was 1 Anybody else want to say something? 2 being done with the ASA which is cited right here is 2 MR. WHITEHEAD: The basis of my objection is 3 aimed at -- certainly at parents. 3 that the reason I thought it was argumentative is that 4 This is labeling of these materials to show 4 there are lots of ways you can inform parents. 5 parents and others not to use them. 5 And I think you may be talking about one 6 Q We will get to that in a minute as to 6 way, but people may consider other methods such as 7 whether or not that is what that ASA did. 7 educating the medical profession, pediatricians, et 8 A Okay. But beyond that there were many, many 8 cetera, as a way to get information out and maybe as 9 efforts. 9 effective or less effective. to Q But can you name one? 10 That is the reason. it A I just named three or four. I thought I 11 BY MR. RICHARDSON: 12 named -- 12 Q Thank you. I won't be looking at that 13 Q About the parents now. I am not talking 13 again. 14 about the medical profession or the studies. 14 (Whereupon, Smith Deposition Exhibit Number 15 MR-CURTIS: objection. 15 29 was marked for identification.) 16 MR. SULLIVAN: I object. He has testified 16 A It was all basically based on economics -- 17 earlier about the Baltimore situation where they were n MR. SULLIVAN: Wait for the question. 18 able to investigate and solve that problem with the 18 Q I am showing you what has been marked as 19 burning of the -- 19 Exhibit Number 29. It appears to be a Board of 20 MR. RICHARDSON: I don't remember that being 20 Directors meeting minutes of the L.I.A. dated April 21 his testimony. 21 10, 1953, the Bates stamp which is L.I.A. 502. Page 196 Page 197 1 And I would ask you, sir, if you have ever 1 Do you see that, sir? 2 seen that document before and whether it is a document 2 A I do see it 3 that has ever been produced by the L.I.A.? 3 Q Do you know whether or not that merger, in 4 (Whereupon, document tendered to witness.) 4 fact, took place at some point in time? 5 A Yes. 5 A I do not, but I don't think it did. 6 Q On the face page, sir, under those present 6 Q You do not think it did? 7 is Mr. Costello of the Ethyl Corporation. 7 A I do not. 8 To the extent that we were discussing 8 Q Okay. If I can refer you to L.I.A. 511 of 9 earlier as to whether or not Ethyl Corporation was a 9 that document. 10 member of the L.I.A., does this in any way refresh 10 MR. SULLIVAN: 511? 11 your memory as to whether or not they were or were not 11 MR. RICHARDSON: Yes. 12 a member of the L.I.A.? 12 Q Do you see that, sir? 13 MR. SULLIVAN: Objection. Objection. 13 A Yes. 14 A This wouldn't refresh my memory. 14 Q It is dated April 10th -- I am sorry, April 15 Q Okay. Did there come a time when the 15 6th, 1953. 16 American Zinc Institute merged with the L.I.A.? 16 MR. SULLIVAN: is that a question or just a 17 MR-SULLIVAN: objection. 17 statement? 18 A Not to my knowledge. 18 MR. RICHARDSON: ljust want to make sure he 19 Q On page L.I.A. 503. On the bottom of that 19 has got the right page. 20 there is a category of merger of American Zinc 20 A Oh, yes, yes. 21 Institute of L.I.A. 21 Q Have you read it? Page 198 Page 199 1 A I have not. 1 document speaks for itself. 2 (Whereupon, discussion off the record.) 2 As to other documents, are you talking about 3 (Whereupon, a brief recess was taken.) 3 time frame again? 4 THE VIDEOGRAPHER: we are back on the 4 Q From your review of the documents, were you 5 record. The time is approximately 2:17. 5 ever able to determine what was meant by that phrase? 6 BY MR. RICHARDSON: 6 MR. SULLIVAN: Just a tendency in some 7 Q Mr. Smith, if I can, again, direct you to 7 quarters? 8 the last page of the exhibit before you. 8 Q To regard any exposure as causing gradual 9 The Fust paragraph, there is a phrase in 9 impairment to the circulatory and renal systems. 10 that that states there is a tendency in some quarters 10 MR. DAVID: I am going to object to the 11 to regard any exposure to lead as possibly causing 11 questioning about this document, in particular, that 12 gradual impairment of the circulatory ana renal 12 portion of the document, if it is an effort in any way 13 systems. 13 to bootstrap some sort of hearsay medical speculation 14 The opinion has been held by some that the 14 into this record. 15 degenerative changes thus produced in the heart and 15 MR. SULLIVAN: And I would also raise an 16 kidneys may lead to disease and death without any 16 objection. This letter deals with industrial hygiene 17 symptom or lead poisoning itself. 17 issues, and I think that those are the -- the renal 18 My question to you, sir, is were you able to 18 failure and so forth we are talking about is involved 19 determine from your review of the documents as to what 19 in an industrial setting. 20 was meant by a tendency in some quarters. 20 MR. CURTIS: Could I hear the question back, 21 MR. SULLIVAN: Objection. I think this 21 please. Evans Reporting Service Page 194 - Page 199 Multi-PageTM Page 200 Page 201 1 (Whereupon, the record was read by the 1 members of the L.I.A.; isn't that correct? 2 reporter.) 2 (Whereupon, document tendered to witness.) 3 MR. SULLIVAN: if you can answer it, answer 3 MR. SULLIVAN: Objection. If you know. 4 it yes or no. 4 A I do not know, but they would today. A No, this may have to do with the ability, 5 MR. SULLIVAN: He is talking about 1953. again -- coming back to that discussion we had 6 a And I wasn't there, I don't Know, but, 7 earlier, the ability to actually measure precisely the 7 again, they should and most likely did go to all 8 lead in the blood and lead in the body. 8 members. 9 Q All right. 9 Q Thank you. 10 (Whereupon, Smith Deposition Exhibit Number 10 Is this a document that was produced by the 11 30 was marked for identification.) 11 L.I.A.? 12 BY MR. RICHARDSON: 12 A Yes, it is. 13 Q I am now showing you, sir, what has been 13 Q Did there come a time when the L.I.A. 14 marked as Exhibit Number 30 which appears to be a 14 published a book entitled. Lead in Modem Industry? 15 report of the Secretary of the L.I.A. to members of 15 A Yes. is the Lead Industries Association dated March 27th, 16 Q Have you ever seen that book? 17 1953. 17 A I have. 18 And the first page of this document is Bates 18 Q Have you read that book? 19 stamped L.I.A. 22717. 19 A I think I have read most of it. 20 And let me just ask you initially, sir, 20 Q Did you see any indication in that book 21 these reports of the Secretary, they went to all 21 about the hazardous nature of lead paint? Page 202 Page 203 1 MR. SULLIVAN: objection. I think you 1 lead hygiene, number 4 specifically. 2 should establish when he read it and -- 2 MR. s u l l iv a n : I want to have him read the 3 Q Whenever you read the book, did you ever 3 whole section and then he can respond to specifics. 4 see anything in the book about the hazardous nature of 4 MR. RICHARDSON: Okay. 5 lead paint? 5 (Whereupon, pause.) 6 A There is a section on industrial hygiene, I 6 BY MR. RICHARDSON: 7 believe. 7 Q Have you read it, sir? 8 MR. SULLIVAN: if you recall. If you don't 8 A Yes, I have. 9 recall -- 9 Q Number 4 states that the Association is 10 A Other than that, I don't recall. There is a 10 sponsoring and is represented on a committee of the 11 section, I believe, on industrial hygiene. 11 American Standards Association which will endeavor to ` Q If I can refer you to the page L.I.A. 12 establish standards for the safe labeling of paint to 22720. Well, let me strike that. 13 be used on children's furniture and toys. 14 L.I.A. 22719, and under the bulletins and 14 And my question to you, sir, is the American 15 publications section, I simply want to determine 15 Standards Association the outfit that you were talking 16 whether or not this indicates that the book we were 16 about earlier when you were talking about the safe 17 just talking about was, in fact, published sometime 17 limits used on children's furniture and toys? 18 around 1953. 18 A Yes. 19 Is that correct? 19 MR. s u l l iv a n : Objection.When you are 20 A I think it was, yes. 20 talking 1935 or are you talking -- 21 Q Okay. And then on the next page, sir, under 21 MR. RICHARDSON: I amjustasking him if Page 204 Page 205 1 this is the same organization he talked about before. 1 cases of lead poisoning were, in fact, legitimate 2 MR. SULLIVAN: y o u are talking about toys 2 cases? 3 and cribs and you made it very much specific and that 3 MR. SULLIVAN: objection. You mean itself 4 was a 1930s issue. 4 or through sponsoring other things? 5 MR. RICHARDSON: This says furniture and 5 If you do it in two parts, maybe he can 6 toys. 6 answer it. 7 BY MR. RICHARDSON: 7 MR. r ic h ar d s o n : He may be able to answer it 8 Q Is this the same ASA that you talked about 8 now. 9 earlier, sir? 9 BY MR. RICHARDSON: 10 A I believe it is. 10 Q Do you know whether or not the L.I.A. ever 11 Q It says here the association is sponsoring. 11 undertook any efforts to determine how many of these 12 What is meant by that? 12 500 cases of alleged lead poisoning were, in fact, 13 A I do not know. 13 legitimate cases? 14 Q In number 8 it talks about nearly 500 14 A Yeah, I think they were channeled, and, in 15 newspaper clippings featuring lead poisoning were 15 fact, Wormser said in nis communique and others that 16 received in the year 1952. 16 he sent these to Aub at Harvard, he sent some of these 17 Does the L.I.A. currently possess any of 17 to Kehoe, he sent them to Johns Hopkins and so on. 18 those newspaper clippings? 18 Q Sir, by 1953 Wormser was no longer Secretary A Not that I know. 19 of the L.I.A.; is that correct? Q Okay. Was there any effort on the part of 20 A It is true, but it was still being followed 21 the L.I.A. to determine how many of those alleged 21 up, I am sure, by Ziegfeld and Bowditch. Page 200 - Page 205 Evans Reporting Service Multi-PageTM Page 206 Page 207 1 Q Ziegfeld at this time was the Secretary of 1 in the literature. 2 the L.I.A.? 2 MR. RICHARDSON: Please. 3 A That is what it says. They continued to 3 (Whereupon, Smith Deposition Exhibit Number 4 fund -- it says right here, they continued to grant 4 31 was marked for identification.) 5 monies to these schools to follow up on these to try 5 BY MR RICHARDSON: 6 to do intensive study on the problems to get as much 6 Q Sir, I am now showing you what has been 7 information as possible on it. 7 marked as Deposition Exhibit Number 31. 8 Q My question, though, sir, is whether or not 8 It is another report of the Secretary of the 9 you are able to determine from your review of the 9 L.I.A. to members or the L.I.A. dated April 12th, 10 documents whether the L.I.A. actually investigated 10 1954, the first page of which is Bates stamped L.I.A. 11 these specific 500 cases to determine which ones of 11 22798. 12 those were, in fact, legitimate cases? 12 Do you have that before you? 13 MR. CURTIS: Objection, argumentative. 13 (Whereupon, document tendered to witness.) 14 MR. SULLIVAN: objection. I think he has 14 A Ido. 15 answered it partially by referring you to paragraph is Q Okay. 16 12270, and there may be others. 16 Is this a document that was produced by the 17 Q Did you find such indication in the records, 17 L.I.A.? 18 sir? 19 A Other than what we just cited, no. 18 A I believe it was. 19 Q If I may refer you to L.I.A. 22803, and ask 20 Q Thank you. 21 A I am sure there were others. They are right 20 you to take a moment to read the section on lead 21 hygiene, or rather, just hygiene. Page 208 Page 209 1 (Whereupon, pause.) 1 Do you know whether or not the Paint 2 MR. SULLIVAN: I am sorry, what was the page 2 Association referred to here is the National Paint, 3 again, Mr. Richardson? 3 Varnish and Lacquer Association? 4 MR. RICHARDSON: 22803. 4 MR s u l l iv a n : Objection. If you know. 5 (Whereupon, pause.) 5 A I do not 6 A Okay. 6 Q You do not know? 7 Q Okay, sir. 7 A I do not know. 8 Number one in that section states that 8 Q On the next page, sir, number 6, it says a 9 childhood lead poisoning continues to be our major 9 committee of the American Standards Association in 10 "headache" and source of adverse publicity. 10 which both this Association and the Paint Association 11 Do you have any idea, sir, why they chose to 11 are well represented has been formed to establish 12 put the word headache in quotes? 12 standards for "safe" labeling of paint for children's 13 MR. SULLIVAN: Objection. 13 toys and furniture. 14 A I do not. 14 And my first question to you, sir, is to 15 Q Okay. Threats of poison-labeling 15 what extent were both of these associations, if you 16 regulations for lead paints have come from health 16 know, represented on the ASA? 17 authorities in New York, Chicago and some other 17 MR. SULLIVAN: Objection. When you say 18 cities. 18 both, are you referring to -- 19 We are working with the Paint Association to 19 MR. RICHARDSON: It is talking about the 20 combat these moves with the outcome promising, but 20 Association and the Paint Association. 21 still in doubt. 21 Q If you know, to what extent were they well Page 210 Page 211 1 represented on that? 1 or -- what are you referring to? 2 A I don't. 2 MR. RICHARDSON: I agree. Let me rephrase 3 Q And do you have any idea why they, again, 3 the question. 4 chose to put the word in this case "safe" in quotes? 4 BY MR. RICHARDSON: 5 MR. SULLIVAN: if you know. 5 Q Do you have any understanding as to what was 6 A I don't know. I think they were looking at 6 meant by the phrase -- by the sentence that, where 7 getting the -- 7 possible, these have been followed up with a view to 8 MR. SULLIVAN: That was - you have answered 8 correcting misconceptions and misstatements, often 9 his question. 9 with gratifying results. 10 THE WITNESS: Okay. 10 Do you know what kind of results were 11 Q Number 13. Adverse publicity at the rate 11 attained from this? 12 of 30 to 40 newspaper items per month has appeared on 12 MR. SULLIVAN: objection. 13 the effects of lead on children, adults, livestock and 13 A I do not. 14 wildfowl. 14 Q Okay. And while this seems to state that 15 Wherever possible, these have been followed 15 they were interested in correcting misconceptions and 16 up with a view to correcting misconceptions and 16 misstatements, is there anything in this document to 17 misstatements, often with gratifying results. 17 indicate -- or at least in tms session, to indicate 18 Do you know what he meant by that? 18 that they also attempted to determine whether any of 19 MR. SULLIVAN: Objection. There are 19 them were, in fact, legitimate cases of poisoning? 20 multiple parts as to whether you are referring to the 20 MR. SULLIVAN: objection. 21 article or whether you are referring to the results 21 A Could you rephrase that? Evans Reporting Service Page 206 - Page 211 Multi-PageTM Page 212 Page 213 1 Q Do you see anything in this section where 1 Q Do you have any specific document in mind 2 the L.I.A. states that not only were they interested 3 in correcting misconceptions and misstatements, but 2 that you can refer me to? 3 A It is in the materials that you have. There 4 they were also interested in determining whether or * not any of these alleged cases of lead poisoning were legitimate? 7 A They certainly had indicated that they were 4 are several references. 5 Q Do you recall any of them today as you sit 6 here? 7 A I couldn't at this moment put my finger on 8 shipping the publicity and pieces to the medical 9 researchers who were looking into it. to Q Where does it say that, sir? 11 A Well, they have said that, for instance, in 12 number 2 here and -13 Q Number 2 talks about research going on at 14 Johns Hopkins? is A Right. 8 it 9 Q Okay. 10 (Whereupon, Smith Deposition Exhibit Number 11 32 was marked for identification.) 12 BY MR. RICHARDSON: 13 Q Sir, I am now showing you what has been 14 marked as Deposition Exhibit Number 32. 15 It appears to be a copy of the American 16 Q Is there an indication that that research 16 Standards specifications to minimize hazards to 17 has anything to do with the 30 to 40 newspaper items 18 that came in per month? 19 A There are other documents that indicate that 20 these clippings were -- where they wanted to follow up 21 on it, were routinely sent to these doctors. n children from residual surface coating materials 18 sponsored by the American Academy of Pediatrics dated 19 February 16, 1955 and ask you if you have ever seen 20 that document before? 21 The first page of that is Bates stamped Page 214 Page 215 1 Plaintiff's Exhibit 1254 and it also has a Sherwin- 1 A I don't think they were. 2 Williams Bates stamp number on it. 2 Q Would you consider them a public health 3 (Whereupon, document tendered to witness.) 3 concern or a business -- or a business entity that is 4 MR. SULLIVAN: This copy is a very fuzzy 4 involved in the manufacturing, selling, marketing, 5 copy. It is hard to read some of it. We can make out 5 and/or any way related to lead products? 6 parts of it. 6 MR. SULLIVAN: Objection. If you know. 7 Q Have you ever seen that document before? 7 A I don't know that they ever used lead. 8 A It appears to be the standard of the 8 Q Isn't it true, though, that they are not a 9 American Standards Association. 9 public health concern? 10 Q If I could refer you to PL 1257. I am 10 MR. SULLIVAN: objection. If you know. 11 specifically interested in the section where it states 11 A I do not know them. I know them as a ' the members and alternates of the subcommittee which 12 chemical company. developed the standard are as follows, and then they 13 MR. SULLIVAN: You mean a governmental 14 list some names. 14 public health? 15 A Okay. 15 MR. RICHARDSON: Right. 16 Q All right. The Union Carbide and Carbon 16 BY MR. RICHARDSON: 17 Corporation, was that a member of the L.I.A. at this 17 Q Mr. Bowditch is there, as you see, 18 time? 18 representing the L.I.A. on this committee, the left 19 A Not that I know. 19 column, second name. 20 Q Okay. Do you know for sure or you just 20 MR. SULLIVAN: His name on this copy is 21 don't know one way or the other? 21 very -- it is all just a black line. Page 216 Page 217 1 Q Let me see your copy. 1 Q Was the DuPont Company a member of the 2 Looks pretty clear to me, but - 2 L.I.A. at this time? 3 MR. SULLIVAN: well, we have a difference of 3 A Not to my knowledge. 4 opinion. Maybe we are a little older than you are, so 4 Q The top on the next column is the National 5 our eyes are giving - 5 Lead Company. 6 Q I will represent to you, sir, that that is 6 Was that company a member of the L.I.A. at 7 Manfred Bowditch of the L.I.A. there. Below his name 7 this time? 8 is an R.J. Eckart of the Sapolin Paint, Inc. 8 A I believe they were. 9 To your knowledge, was that company a member 9 Q The Devoe and Reynolds Company, was that a 10 of the L.I.A at this time? 10 member of the L.I.A. at this time? 11 A To my knowledge, they were not. 11 A I do not know. 12 Q Were they a member of the National Paint, 12 Q The Sherwin-Williams Company, was that a 13 Varnish and Lacquers Association? 13 member of the L.I.A. at this time? 14 A I have no idea. 14 A Under the alternates? 15 Q The next name under that is J.H. Foulger, 15 Q Yes. 16 F-o-u-l-g-e-r, of the DuPont de Nemours Company. 16 MR. SULLIVAN: In 1955? 17 At that time was the DuPont Company a member 17 MR. RICHARDSON: Yes. 18 of the L.I.A.? 18 A No, they were not. A I do not know. 19 Q Were they involved with the paint -- well, MR. SULLIVAN: objection. We are taking 20 let me just say the paint business at this time - 21 your word for this spelling because we can't tell. 21 MR. SULLIVAN: if you know. Objection. Page 212 - Page 217 Evans Reporting Service Multi-PageTM Page 218 Page 219 1 A I do not know. 1 Did I read that correctly, sir? 2 Q The Glidden Company, were they a member of 2 A I believe you did. 3 the L.I.A. at this time? 3 Q From your knowledge and experience and from 4 A I do not know. 4 reviewing the documents, is it your understanding that 5 Q And the Benjamin Franklin Paint and Varnish 5 when someone was to paint a surface that they would 6 Company, were they a member of the L.I.A. at this 6 use more than one coat to do that? 7 time? 7 MR. SULLIVAN: Objection. What type of 8 A I don't think so. 8 surface? 9 MR. SULUVAN: Keep your voice up. 9 Are we talking -- 10 THE WITNESS: Okay. 10 MR. RICHARDSON: A wood surface. 11 Q The next page under specifications, and I 11 MR. SULLIVAN: In a house? 12 will read it if your copy is not legible. 12 MR. RICHARDSON: interior or exterior, 13 A liquid, coating material to be deemed 13 doesn't matter, residential. 14 suitable from a health standpoint for use on articles 14 MR-SULLIVAN: House, park bench? 15 such as furniture, toys, et cetera, or for interior 15 MR-RICHARDSON: Residential. 16 use in dwelling units where it might be chewed by 16 A I still couldn't tell you. 17 children shall not contain lead compounds of which the 17 Q You don't know one way or other? - : 18 lead content calculated as the elemental symbol for 18 A No. 19 lead, p b, is in excess of 1 percent of the total 19 Q Have you ever painted in your house, sir? 20 weight of the contained solids, and it has a 20 A Of course, I have. 21 parentheses, including pigments and dryer. 21 Q Have you used more than one coat to do Page 220 Page 221 1 that? 1 records of the L.I.A. and its activities. 2 A On some occasions. 2 MR. RICHARDSON: He is here to talk on 3 Q You have? 3 behalf of the L.I.A., period. 4 A Uh-huh. 4 MR. SULUVAN: No, he is not here as an 5 Q That is a yes? 5 expert on paint matters. 6 A That is a yes. 6 MR. RICHARDSON: I said on behalf of the 7 Q And if each coating contained 1 percent, 7 L.I.A., not as an expert. 8 isn't it true, sir, that by applying multiple 8 MR. s k al l e r u d : Beyond the scope of the 9 coatings, you would increase the amount of lead that 9 deposition notice. 10 is contained in that paint? 10 MR. CURTIS: Most fundamentally, it is u MR. SULLIVAN: Objection. 11 absurd, but -- 12 MR. GRIMM: 100 coats, you have 100 percent 12 (Whereupon, discussion off the record.) 13 lead? 13 BY MR. RICHARDSON: 14 MR. RICHARDSON: NO. 14 Q As of 1955, Mr. Smith, isn't it true that 15 BY MR. RICHARDSON: 15 the L.I.A. was aware that the American Standards 16 Q But you have more than what the lead is from 16 Association was a regulatory body that would be relied 17 the first coating; is that true? 17 upon by state and local governments for the purpose of 18 MR. s u l l iv a n : Objection, objection. You 18 setting standards with respect to the use of 19 are calling for speculation. He is not here as a 19 products? 20 technical person. 20 MR. SULLIVAN: objection. Are you-my 21 He is here to tell you about the historical 21 objection is you are choosing that segment of society Page 222 Page 223 1 versus just governments versus everybody else that he 1 Q I will try one more time. 2 relies on? 2 A Okay. 3 MR. RICHARDSON: That is what I did. Do you 3 Q From your review of the documents, and that 4 have a problem with that? 4 means the L.I.A. documents, the defendant's documents, 5 MR. SULLIVAN: Yeah. 5 the plaintiff's documents, were you able to determine 6 BY MR. RICHARDSON: 6 whether the L.I.A. knew as of 1955 that the American 7 Q You can answer the question, please. 7 Standard Association would be relied upon by state and 8 MR. SULLIVAN: if you cananswer. 8 local governments? 9 A I can't answer the question. You will have 9 Are you with me so far, sir? 10 to rephrase it. 10 MR. SULLIVAN: Objection. Is that a 11 Q Sure. Did the L.I.A. know that the American 11 question? 12 Standards Association was a regulatory body that most 12 MR. RICHARDSON: Yes. 13 state and local governments would rely upon for 13 MR. SULLIVAN: objection. 14 purposes of setting standards promulgated by the ASA? 14 BY MR. RICHARDSON: 15 MR. SULLIVAN: Objection. Calls for a 15 Q Are you following my question so far? 16 conclusion as to what is in the minds of a third 16 A So far. 17 party. 17 MR. SULUVAN: Objection. I think it calls 18 Q It also calls for any conclusions you may 18 for him to speculate. 19 have reached from your review of the documents. 19 Q You are going to confuse me. Let me start 20 A It is still a question and I don't 20 all over again. 21 understand it. 21 Did the L.I.A. know -- and if you don't Evans Reporting Service Page 218 - Page 223 Multi-PageTM Page 224 Page 225 1 know, that is fine, I don't want you to speculate, but 1 L.I.A. to the members of the L.I.A. dated April 12th, 2 if you know from your review of the documents, I would 2 1955, the first page of which is Bates stamped L.I.A. 3 like to know that. 3 22880. 4 Did the L.I.A. know as of 1955 that this 4 My question to you, sir, is this a document association, the American Standard Association, would 5 that the L.I.A. produced in this litigation? , be relied upon by state and local governments with 6 (Whereupon, document tendered to witness.) 7 respect to any standards that it promulgated? 7 MR. SULLIVAN: Answer. 8 MR. SULLIVAN: Objection. Again, it calls 8 A Yes. 9 for him to draw a conclusion as to what is in the mind 9 Q Okay. Have you seen this document before? to of a third party. 10 A Let me take a quick look. It Q You can answer. 11 (Whereupon, pause.) 12 A I really wouldn't know what the -- 12 BY MR. RICHARDSON: 13 Q Okay. 13 Q Have you ever seen it before? 14 MR. SULLIVAN: Don't speculate. 14 A Yes. 15 MR. RICHARDSON: Please. 15 Q Okay. Atpage L.I.A. 22887, you are already 16 (Whereupon, Smith Deposition Exhibit Number 16 there? 17 33 was marked for identification.) 17 A Yes. 18 BY MR. RICHARDSON: 18 Q Under childhood lead poison, it states as 19 Q Mr. Smith, I am now showing you what has 19 follows: 20 been marked as Deposition Exhibit Number 33. 20 This problem has been a major "headache" and 21 It is a report of the Secretary of the 21 source of considerable adverse publicity. Page 226 Page 227 1 Mr. Bowditch served as Secretary to the 1 would have been higher lead level, so this wouldn't 2 American Standard Association's subcommittee on 2 take care of those. 3 hazards to children from residual surface coating 3 Q Okay. And was it the L.I.A.'s position at 4 materials of the committee to minimize home hazards to 4 this time that it was unnecessary to place warnings on 5 children. 5 paints for future? 6 A standard was developed and adopted by ASA 6 A No, it was not. 7 for toxic ingredients of paints for surfaces which may 7 Q Okay. So that they at least felt that some 8 be chewed by children. 8 type of warning was necessary? 9 The basic part of the standard has been 9 A L.I.A. supported that. 10 accepted by New York City and Chicago health 10 MR. SULLIVAN: Objection. 11 authorities, a step towards uniformity among 11 Q They did that in the form of the ASA? municipalities unalterably determined to attack this 12 A I am sorry? ., problem by the seemingly futile means of warning 13 Q Did they do that in the form of the ASA? 14 labels on paints. 14 A Well, the ASA and also in Baltimore there 15 My question to you, sir, are you able to 15 was a labeling requirement that was passed in -- what 16 say why the L.I.A. felt at this time that warning 16 was it, 1952 or '3. 17 labels on paints was futile? 17 Q There was one in Baltimore. 18 MR. SULLIVAN: Objection. 18 A There sure was. 19 A I believe the reference there would be to 19 Q There was also one in 1959. 20 the fact that this would apply to future applications 20 Were you aware of the L.I.A. lobby to repeal 21 and that there would still be paints on the walls that 21 that? Page 228 Page 229 1 MR. SULLIVAN: Objection. 1 did, in fact, serve on that subcommittee; isn't that 2 Q Are you aware of mat, sir? 2 correct, sir? 3 MR. SULLIVAN: YOU are - 3 MR. CURTIS: Objection, calls for 4 MR. RICHARDSON: He can tell me -- 4 speculation. 5 MR. SULLIVAN: No, what you have said is 5 A That is what this says. 6 that they have opposed it. You have established 6 Q Do you know whether or not the L.I.A. 7 nothing as a prerequisite. 7 attempted to gain the support of the City of New York 8 There is no foundation for that question and 8 and Chicago to the ASA standard? 9 you don't have to answer it. 9 A Well, what this says is that the basic part 10 MR. RICHARDSON: Are you instructing him not 10 of the standard had been accepted by New York City and 11 to answer? 11 Chicago health authorities. 12 MR. SULLIVAN: Yes. If you present a 12 Q I understand. 13 foundation for that question -- 13 Did the L.I.A. play any role in that 14 MR. RICHARDSON: I will certify that 14 acceptance? 15 question. 15 MR. s u l u v a n : objection. If you know. 16 BY MR. RICHARDSON: 16 Q If you know. 17 Q Do you know why, again, they chose to put 17 A Yes, there were New York representatives on 18 the word headache in quotes, sir? 18 the ASA committee. MR. SULLIVAN: objection. 19 Q I understand that, sir, but that is not my t A I do not. 20 question, with all due respect. 21 Q This appears to confirm that Mr. Bowditch 21 A Okay. ' 'age 224 - Page 229 Evans Reporting Service Multi-PageTM Page 230 Page 231 1 Q Do you know whether or not the L.I.A. played 1 did you say this was? 2 any role in -- 2 MR SULUVAN: This would be Number 34. 3 A I do not. 3 THE REPORTER: 34. 4 Q Okay. Thank you, sir. 4 A Okay. s Isn't it true, sir, that by 1955 the L.I.A. 5 MR. SULLIVAN: is that the document we 6 was concerned that there was a trend for the total 6 produced? 7 banning of lead in paint? 7 THE WITNESS: Yes. 8 MR. SULLIVAN: objection. 8 Q Is this a document that you have seen 9 A I am not aware of that. 9 before? 10 (Whereupon, Smith Deposition Exhibit Number 10 A Yes. 11 34 was marked for identification.) 11 Q At page L.I.A. 551, this document appears to 12 BY MR. RICHARDSON: 12 discuss efforts of the American Standards Association 13 Q Sir, I am now showing you what has been 13 to increase the allowable limits of lead in the 14 marked as Deposition Exhibit Number 34. 14 atmosphere, the third paragraph from the bottom, 15 It is a copy of the Board of Directors is MR. DAVID: object to the form of the 16 meeting minutes of the L.I.A. dated December 5th, 16 question. 17 1955, the first page of which is Bates stamped L.I.A. 17 Q Do you know if there were -- I am sorry, 18 547 and ask you whether or not this is a document that 18 have you read that? 19 the L.I.A. has produced in this litigation? 19 A I have read that paragraph. 20 (Whereupon, document tendered to witness.) 20 MR. SULLIVAN: I want to read the paragraphs 21 MR. CURTIS: I am sorry, what exhibit number 21 surrounding. Page 232 Page 233 1 MR. RICHARDSON: My question has nothing to 1 A I do not know. 2 do with the rest of the document, but -- 2 MR. SULLIVAN: if you understand it. Make 3 MR. SULUVAN: I know, but maybe the answer 3 sure you understand the question. 4 will. 4 Q I am not quite sure if I asked you this 5 MR. RICHARDSON: Maybe. 5 question, but I apologize if I had. 6 (Whereupon, pause.) 6 Isn't it true, sir, that the information 7 BY MR. RICHARDSON: 7 relied upon by the ASA to set the standard concerning 8 Q Do you know whether or not the ASA ever 8 the 1 percent content of lead paints, isn't it true 9 promulgated a standard that did, in fact, increase the 9 that that standard -- that the information relied upon to allowable limits of lead in the atmosphere? 10 by the ASA to develop that standard was furnished and 11 MR. SULLIVAN: Objection. The reason I am 11 provided to that organization by the paint industry? 12 saying objection is we haven't determined whether that 12 MR SULLIVAN: Objection. 13 is industrial atmosphere or the outside general air 13 A I don't think there is anything to indicate 14 standard, and I don't think that has been made clear 14 that. There were members, as we just said, from the is by you. 15 New York City Health Department, from a number of 16 Q Do you know whether or not that was ever 16 different organizations, the New York State Department 17 done, sir? 17 of Health, so I don't know that it says that there 18 MR. SULLIVAN: Objection. 18 were any particular specialists that the standard and 19 A I do not. 19 the levels was relied upon. 20 MR. SULLIVAN: Vague and ambiguous. 20 Q So you don't know one way or the other or do 21 Q You do not know? 21 you know for a fact that it wasn't supplied by the Page 234 Page 235 1 paint industry? 1 Q Have you seen this document before, sir? 2 MR. SULUVAN: You are talking only by the 2 A I believe I have. 3 paint industry? 3 Q On page 2 under number 16 it says talk on 4 MR RICHARDSON: That is right. 4 lead poisoning. 5 MR SULLIVAN: Objection to that. 5 On request, in the interest of accuracy, we 6 A I don't think the standards organization 6 virtually prepared a talk on lead poisoning that a New 7 worked that way. I know they don't now. 7 York doctor delivered before a group of pediatricians 8 Q Thank you. 8 in that city. 9 (Whereupon, Smith Deposition Exhibit Number 9 Do you see that, sir? 10 35 was marked for identification.) 10 A I see that. 11 BY MR. RICHARDSON: u Q Why, if you know, why would a doctor come 12 Q Sir, I am now showing you what has been 12 to the L.I.A. to prepare a talk on lead poisoning that 13 marked as Deposition Exhibit Number 35. 13 he would be presenting to a group of other doctors? 14 It is a quarterly report of the Secretary 14 A You put your finger right on it. They would 15 dated April 2nd, 1956, the Secretary of the L.I.A., 15 come to L.I.A. because people at L.I.A. had sponsored 16 die first page of which is Bates stamped L.I.A. 16 the most work on diagnosing lead poisoning. 17 22960. 17 They had paid over 20 years or more, 28 18 Is this a document that has been produced by 18 years, I guess, at that stage, or money to a number of 19 the L.I.A. in this litigation? 19 top flight researchers to, as I had said before, get 20 (Whereupon, document tendered to witness.) 20 the proper diagnosis of lead poisoning to allow people 21 A I believe it is. 21 to do the proper testing. Ana that is exactly what Evans Reporting Service Page 230 - Page 235 Multi-PageTM Page 236 Page 237 1 this would lead to. 1 Q Sir, I am now showing you what has been 2 Q Were there any doctors on the staff of the 2 marked as Deposition Exhibit Number 36. 3 L.I.A.? 3 It is an annual report of the Secretary/ 4 A No. 4 Treasurer of the L.I.A. to the members of the L.I.A. ' Q Were there any medical consultants that were 5 dated April 13th, 1956, the first page of which is . on die staff of the L.I.A., on the staff of die 6 Bates stamped L.I.A. 22965 and ask you, sir, is this a 7 L.I.A.? 7 document that has been produced by the L.I.A. in this 8 MR. SULLIVAN: Objection. 8 litigation? 9 A No. It was also an industrial hygienist, 9 (Whereupon, document tendered to witness.) to however. 10 A I believe it is. n Q Is he a medical doctor, sir? 11 Q Have you seen this document before, sir? 12 A Well, you yourself said he had a degree from 12 A I will have to look at it and see. 13 Harvard. 13 (Whereupon, pause.) 14 Q Was he a medical doctor, sir? 14 A I don't believe I have seen it 15 A Not to my knowledge. 15 Q Okay. 16 Q Thank you. 16 A Okay. 17 A An industrial hygienist. 17 (Whereupon, pause.) 18 MR. RICHARDSON: Mark this, Bonnie. 18 BY MR. RICHARDSON: 19 (Whereupon, Smith Deposition Exhibit Number 19 Q Are you finished, sir? 20 36 was marked for identification.) 20 A Yes, sir. 21 BY MR. RICHARDSON: 21 Q Okay. Page 238 Page 239 1 A I think I may have seen this before. 1 My question to you, sir, is why was it 2 Q Is this now a document that you believe you 2 anticipated that these figures would be adopted simply 3 have seen before? 3 because two members were on the subcommittee? 4 A Yes. 4 mr . SULLIVAN: objection. Again, relevancy 5 Q If I can refer you to page L.I.A. 22968, 5 on this one since that committee relates to the 6 number 8 on that page. 6 atmospheric lead standard which has nothing to do with 7 The document appears to state that the 7 this case. 8 circulation for the magazine lead has now increased to 8 A Would you repeat the question? 9 50,000. 9 Q Yes. Why was it anticipated simply because 10 Do you have any reason to disagree with 10 two members were on the subcommittee mat the 11 that? 11 standards would be adopted by the two principal ' A No, I do not. 12 committee, if you know? Q As of 1955? 13 MR. SULLIVAN: Objection. I think that is 14 A No. 14 total speculation and, on your part, that one has 15 Q Okay. Then, on page L.I.A. 22972, at the 15 anything to do with the other, just because you have 16 top of the page it says, as two members of our 16 members on a committee, that somehow they will pass 17 subcommittee are a member and chairman of the 17 the standard. 18 Governmental Committee which promulgates such 18 Q Do you know, sir? 19 standards, uniformity in the figures adopted by the 19 A I do not know. 20 two principal committees looked to for guidance in 20 Q Thank you. 21 such matters is also to be anticipated. 21 Under uniform labeling, it states that a Page 240 Page 241 1 series of warning labels applicable to lead compounds 1 children, thus allowing the inclusion of lead dryers 2 has been submitted to all states. 2 in such paints. 3 And my question is was -- were they 3 The poison wording was also modified. 4 submitted by the L.I.A., do you know? 4 My question to you, sir, is it, in fact, 5 A I don't know. It doesn't say. 5 true that the whole effort to have the a s a develop a 6 Q It doesn't say and I was wondering whether 6 standard with respect to the use of lead paints was 7 you knew. Okay. 7 the brainchild of the L.I.A.? 8 And these warning labels, if you know, did 8 MR. SULLIVAN: Oh, objection. 9 they contain the language of the American Standard 9 MR. CURTIS: Object to the form. 10 Association? 10 MR. SULLIVAN: Objection. 11 MR. SULLIVAN: if you have any idea. 11 A I don't know how you came by that. I think 12 A I do not have any idea. 12 that the American standard that was developed was 13 Q Okay. Under the New York City paint label 13 sponsored by the American Academy of Pediatrics, and I 14 section, immediately under that, it states that the 14 think they are the people that probably wanted to see 15 initial proposal of the New York City Health 15 this done more than anyone else. 16 Department to require a poison label on all paints 16 Q Do you know why they used the phrase "at our 17 containing any lead whatsoever was ultimately modified 17 insistence" then in this document, sir? 18 through the establishment, at our insistence, of a 18 A Well, this -- where is this thing? This, > committee on the American Standards Association which 19 right here, New York City Health Department to require . evolved a standard permitting up to 1 percent of lead 20 a poison label on all paints containing lead - I 21 in paints used on services which might be chewed by 21 would think -- Page 236 - Page 241 Evans Reporting Service Multi-PageTM Page 242 Page 243 1 MR. CURTIS: I object to the question. 1 MR. RICHARDSON: Absolutely. In fact, I " 2 Q You can answer, sir. 2 will get it for you. 3 A I would think that the fact that there had 3 (Whereupon, discussion off the record.) 4 been a standard developed which addressed the problem, 4 THE WITNESS: We were on the ASA, rignt? 5 there was no need to put a poison label on to single 5 THE YIDEOGRAPHER: we are back on the 6 out lead paints to put a poison label on them. 6 record. The time is approximately 3:15. 7 I think that was the unfairness of it and 7 (Whereupon, Smith Deposition Exhibit Number 8 that -- 8 37 was marked for identification.) 9 Q So as I understand what you are telling me, 9 BY MR. RICHARDSON: 10 you do not read this --1 want to make sure I am 10 Q Sir, I am now showing you what has been 11 reading it correctly. 11 marked as Deposition Exhibit Number 37. 12 A Yes. 12 It is a report of the Health and Safety 13 Q You do not read this to mean that the Lead 13 Director, Manfred Bowditch of the L.I.A., which was 14 Industries Association, at their insistence, 14 presented at the 28th annual meeting of the L.I.A. 15 established a committee of the American Standards 15 April 24th-25th, 1956. And the first page of which is 16 Association which developed a standard for lead 16 Bates stamped L.I.A. 22991. 17 paint? 17 And my question to you, sir, is this a 18 MR. CURTIS: I object to the question. 18 document that was produced by the L.I.A. in this 19 MR. SULLIVAN: I object. 19 litigation? 20 A No, I do not. 20 (Whereupon, document tendered to witness.) 21 Can I get a little more water, please. 21 A Do you nave a 92? Page 244 Page 245 1 Q I am also missing a 92. 1 A Let me take a gander at it. 2 MR. SULLIVAN: We are missing the second 2 (Whereupon, pause.) 3 page. 3 BY MR. RICHARDSON: 4 Q Is this a document that was produced, and I 4 Q All right, sir. I don't remember if I asked 5 believe it was produced in this fasnion? 5 you, but was this produced by the L.I.A.? 6 However, if you do locate a page 22992, if 6 A Yes. 7 you could send me a copy. 7 Q Haveyou seenthis before? 8 MR. SULLIVAN: The pages as set forth in 8 A Yes. 9 this exhibit appear to run numerically, page 1, 2 and 9 Q On thefirst page under the category 10 3. 10 industrial lead poisoning, it states that Mr. Bowditch 11 MR. RICHARDSON: It does. 11 at least as of 1956 recognized that lead poisoning as 12 MR. SULLIVAN: Even though the L.I.A. Bates 12 a disease dates back to antiquity. 13 numbers don't seem to run consecutively, but just for 13 Isn't that correct, sir? 14 clarity for the record. 14 MR. SULUVAN: objection. The document 15 MR. RICHARDSON: if you are able to 15 speaks for itself. 16 determine that such a page of 92 does exist, I would 16 A That is what it says. 17 appreciate a copy. 17 Q Also on the second page, sir, under the 18 BY MR. RICHARDSON: 18 category uniform labeling in the middle of the 19 Q Is this something that the L.I.A. produced? 19 paragraph it states modification of the New York City 20 A I believe it is, yes. 20 lead pamt labeling regulation was secured by means of 21 Q Have you seen this before? 21 American Standards Z66.1 prepared by a committee of Page 246 Page 247 1 the American Standards Association sponsored by the 1 help secure the modification of New York City lead 2 Lead Industries Association. 2 paint labeling regulation and my question to you is 3 My question to you, sir, is, doesn't this, 3 doesn't that -- isn't that what is reflected in this 4 in fact, answer my earlier question to you as to 4 document? 5 whether or not the American Standards Association 5 MR. CURTIS: I object to the question. 6 standard Z66.1 was used to secure the modification of 6 MR. SULUVAN: Objection. 7 the New York City lead paint labeling regulation? 7 Mischaracterization -- 8 MR. CURTIS: I object to the form of the 8 BY MR. RICHARDSON: 9 question. 9 Q You can answer. 10 MR. SULLIVAN: objection. It calls for 10 MR. SULLIVAN: -- of the document. 11 speculation and a compound question. 11 A I don't think it does show that. 12 BY MR. RICHARDSON: 12 Q Modification of the New York City lead paint 13 Q You can answer, sir. 13 labeling regulation was secured by means of American 14 A I have no idea. All I know is that the 14 Standards Z66.1. is American Standards Association Z66.1 was a very good 15 What does that mean to you, sir? 16 standard and one that the Lead Industries Association 16 MR. SULLIVAN: Objection. If you can even 17 worked hard to promulgate and get out to health 17 draw a conclusion from it. Or if you know, tell him. 18 authorities all around the country. 18 A Well, if you can rephrase it. 19 Q Oh I believe that, sir. 19 Q Well, modification of the New York City lead 20 And my question to you is that this document 20 paint labeling regulation was secured by means of 21 seems to indicate that that standard was also used to 21 American Standards Z66.1. Evans Reporting Service Page 242 - Page 247 Multi-PageTM Page 248 Page 249 1 A It doesn't say who secured it. 1 sponsored by the Lead Industries Association. 2 Q I am not interested in who secured it. 2 Do you know what was meant by that 3 My only question to you, sir, is, isn't it 3 statement? 4 true that this document indicates that that standard 4 A I do not. was used to secure the modification of the New York 5 MR. SULLIVAN: Object. j City lead paint regulation? 6 Q Were you able to identify any indication 7 MR. CURTIS: I object to the form of the 7 from your review of the records as to how or if the 8 question. 8 L.I.A. did, in fact, sponsor that association? 9 MR. SULLIVAN: I object, and I think you are 9 MR. SULLIVAN: objection. You can answer if 10 characterizing. You are trying to take a couple of 10 you know how the L.I.A. was involved with this. 11 words and twist it around. 11 A I think the L.I.A. was a participant, and I 12 We are talking about a gentleman who wrote 12 believe the American Academy of Pediatrics sponsored 13 this, who is now dead, who wrote this back in 1950 13 the a n s i. 14 something and -- 14 Q Isn't it also true, sir, between the L.I.A. 15 BY MR. RICHARDSON: 15 and the National Paint, Varnish and Lacquers is Q Is that what is accurately reflected in the 16 Association they dominated and controlled the American 17 document? 17 Standards Association? 18 MR. SULLIVAN: You can read the words. 18 MR. SULLIVAN: objection. If you have 19 A I cannot draw an inference, no. 19 documents to show us, he is here as a -- 20 Q Thank you, sir. It also says here that the 20 MR. RICHARDSON: I object to your speaking 21 committee or the American Standards Association was 21 objections, sir. You know the Maryland rules. Page 250 Page 251 1 With respect to form, you are allowed to 1 speaking objections may help you rephrase the 2 object and to clarify the record so that a change can 2 question, so that it can be answered intelligently. 3 be made at die time of the deposition. 3 That one can't be. 4 All other objections are reserved until the 4 BY MR. RICHARDSON: 5 admission of the evidence so that you can then 5 Q Isn't it true, sir, and if you do not 6 specify ~ 6 believe it true, say so, but isn't it true, sir, that 7 MR. SULLIVAN: Oh, absolutely not. 7 the L.I.A. and the National Paint, Varnish and Lacquer 8 MR. RICHARDSON: I think if you ask anybody 8 Associations together controlled the American 9 who is familiar with the Maryland rules, they will 9 Standards Association? 10 tell you for purposes of any other objections other 10 MR. CURTIS: Object to the form of the 11 than objection for form, you are not allowed to go 11 question. into any detail as to the objection and the objections 12 MR. SULLIVAN: objection. The whole > are reserved for the point in time when the 13 American Standards Association? 14 admissibility of that testimony becomes an issue. 14 A That is absurd. 15 MR. SULLIVAN: Your firm, you in particular, 15 Q Okay. 16 and Mr. Samuel, have both said that all objections are 16 (Whereupon, Smith Deposition Exhibit Number 17 to be made now on the record and not reserved for the 17 38 was marked for identification.) 18 time of trial. 18 BY MR. RICHARDSON: 19 MR. RICHARDSON: Objections, but not 19 Q Sir, I am now showing you what has been 20 speaking objections. 20 marked as Deposition Exhibit Number 38. 21 MR. SULLIVAN: I am objecting and the 21 It is a quarterly report of the Secretary of Page 252 Page 253 1 the L.I.A. dated April 1st, 1957. The first page of 1 developed at our insistence was shown by its use by 2 which is Bates stamped L.I.A. 21409. 2 the health commissioner of Baltimore in opposing a 3 I would first ask you, sir, is this a 3 Maryland bill which would have been materially 4 document that was produced by the L.I.A. in this 4 damaging to our interests. 5 litigation? 5 From your review of the documents in this 6 (Whereupon, document tendered to witness.) 6 case, sir, were you able to determine which Maryland 7 A I believe it was. 7 bill that was? 8 Q Have you seen this document before? 8 A I do not know. 9 A I would have to look at it first. 9 Q Okay. Do you know, again, why or what is 10 (Whereupon, pause.) 10 meant by the phrase "developed at our insistence"? 11 BY MR. RICHARDSON: 11 MR. SULLIVAN: objection. The document 12 Q Have you seen this before? 12 speaks for itself. 13 A Yes. 13 A I do not know. 14 Q On page L.I.A. 21410 under health and 14 Q All right. Did the L.I.A. have any 15 safety, number 9, it reads as follows: 15 involvement in the process of opposing the Maryland 16 Proposed legislation, inimical to the 16 bill in 1957? 17 interests of the lead industries has been followed and 17 And I am not just limiting it to the doctor, '8 as of this writing with favorable results. 18 but are you aware from your review of the documents of Gratifying evidence of the value of the 19 any participation by the L.I.A. and the opposition of j American Standards specification to minimize hazards 20 this Maryland bill? 21 to children from residual surface coating materials 21 MR. Su l l iv a n : Objection. Page 248 - Page 253 Evans Reporting Service Multi-PageTM Page 254 Page 255 1 Q In 1957? 1 MR. s u l u v a N: That is a nice addition. 2 A I am not aware that the L.I.A. had opposed 2 MR. RICHARDSON: But that is what the 3 any bill. It speaks for itself, again. 3 question was. He understood that question that way. 4 Q All right, sir. 4 There is no inference here of any -- 5 MR. SULLIVAN: just to clarify the record, 5 BY MR. RICHARDSON: 6 the language that you read indicates here that the 6 Q I am not trying to mislead you in any way, 7 Health Commissioner of Baltimore opposed the Maryland 7 Mr. Smith. 8 bill. 8 MR. SULLIVAN: we will let the record speak 9 MR. RICHARDSON: I didn't contest what the 9 for itself on that. 10 document said. My question to him was -- 10 MR. RICHARDSON: Oh, it shall. 11 MR. SULLIVAN: Right, but I think you are 11 (Whereupon, Smith Deposition Exhibit Number 12 trying to put it in the way -- the clear language is 12 39 was marked for identification.) 13 that the health commissioner opposed it and then you 13 BY MR RICHARDSON: 14 are trying to implicate by use of this language that 14 Q Sir, I have now given you what has been 15 L.I.A. opposed it just because it is in the L.LA. 15 marked as Deposition Exhibit Number 39. 16 minutes and it is simply a mischaracterization. 16 It appears to be a letter to the members of 17 MR. RICHARDSON: I simply asked the witness, n the L.I.A. dated April 6th, 1957. The first page of 18 Mr. Sullivan, whether or not he was aware if the 18 which is Bates stamped L.LA. 10966 with an attached 19 L.I.A. was involved in any way in the opposition of 19 presentation entitled, A Review of Certain Health 20 this bill in addition to what the Commissioner was 20 Problems Associated with Lead by Dr. William E. 21 doing. 21 George, Chief Medical Officer, Consolidated Zinc Page 256 Page 257 1 Proprietary Limited. 1 MR. SULLIVAN: I was going to -- 2 The presentation was made at the 29th annual 2 MR RICHARDSON: I will refer to it. He 3 meeting of the L.LA. in Chicago, Illinois on April 3 says he has never seen it before. I wasn't going -- 4 24th and 25th of 1957. 4 BY MR. RICHARDSON: 5 Is this a document that the L.I.A. has 5 Q I am not going to rely on the document since 6 produced in this litigation? 6 you have never seen it before, sir. 7 (Whereupon, document tendered to witness.) 7 My question is, from your review of the 8 A Yes, we have. 8 documents in this case -- 9 Q Have you seen this before? 9 MR. SULUVAN: Just listen to the question. 10 A I am not sure. I will have to look at it 10 Q -- were you able to determine whether or not 11 now. 11 the L.LA. was aware in 1957 that exposure to minimal 12 (Whereupon, pause.) 12 amounts of lead would result in chronic degenerative 13 MR. SULLIVAN: Have you seen it? 13 diseases? 14 A I have not seen this before. 14 MR DAVID: object to the form of the 15 Q Okay. Were you aware, sir, that the L.I.A. 15 question, object to the fact that it is stated as a 16 knew as or 1957 that exposure to minimal quantities of 16 conclusion. 17 lead insufficient to produce clinical manifestation of 17 It is unproven. 18 lead poisoning would later develop chronic 18 MR. SULLIVAN: objection. 19 degenerative diseases? 19 BY MR RICHARDSON: 20 A Can you tell me - 20 Q You can answer the question. 21 MR. DAVID: I object to the - 21 Were you aware? Page 258 Page 259 1 A Minimal doesn't -- 1 talking? Just around this time period from 1928 on? 2 Q That is true, but were you aware of that 2 Q Any time period. 3 fact? 3 Did you see anything in the documents 4 MR. SULLIVAN: if you have knowledge from 4 without any limit to time period that discussed the 5 the documents or let the document speak for itself. 5 L.I.A.'s awareness that exposure to minimal amounts of 6 You can respond. If you have knowledge, if you 6 lead could cause chronic degenerative disease? 7 don't ~ 7 MR. DAVID: Object to the form of the 8 A I am not sure that it is a fact. 8 question. You are stating it as a fact. 9 Q I am not saying it is a fact either, sir. 9 MR. SULLIVAN: Objection. 10 A I am sorry. 10 BY MR. RICHARDSON: 11 Q If the documents reflect in any way that the 11 Q Did you see anything, sir? 12 L.LA. was aware or even suspected that exposure to 12 MR. SULLIVAN: Just one other objection. I 13 minimal amounts of lead could cause chronic 13 believe that this paper was presented in connection 14 degenerative disease. 14 with -- yes, it was the American Industrial 15 MR. SULLIVAN: objection. 15 Physicians. He was presenting a paper to them, 16 MR. DAVID: I object. It assumes facts not 16 industrial physicians. 17 in evidence. 17 MR RICHARDSON: I think you will find as we 18 BY MR. RICHARDSON: is go through this document it talks about childhood lead 19 Q Did you see anything in the documents to 19 poisoning as well, but since he hasn't seen the 20 discuss that, sir? 20 document, my question was general in nature and I will 21 MR. SULLIVAN: what time periodare you 21 rephrase it another time for you, sir. Evans Reporting Service Page 254 - Page 259 Multi-PageTM Page 260 Page 261 1 A All right. 1 MR. DAVID: Same objection. 2 Q Did your review of the documents produced in 2 MR. SULLIVAN: objection. 3 this case reveal any indication that the L.I.A. was 3 BY MR. RICHARDSON: 4 aware, was put on notice that exposure to minimal 4 Q It is a yes or no answer, sir. ` amounts of lead could cause chronic degenerative 5 MR. SULUVAN: objection. No, it may not be disease? 6 a yes or no answer. 7 MR. SULLIVAN: Objection, 7 A It is not. g MR. DAVID: object to the form of the 8 Q Are you telling me you don't know? If you 9 question, assumes facts not in evidence, conclusion 9 don't know, that is a third answer. to that is not in evidence. 10 A I don't know. 11 BY MR. RICHARDSON: 11 MR. DAVID: He already said he didn't 12 Q You can answer. Did you see any such 12 believe it to be a fact. 13 documents? 13 MR. RICHARDSON: I didn't ask him if it was 14 A It is still not clear to me what you are 14 a fact. 15 asking that I have seen. 15 MR. DAVID: You stated in your question if 16 Q Did you see any documents, any documents, 16 it was a fact. 17 that show that the L.I.A. was aware or suspected that 17 MR. RICHARDSON: I asked him if he saw any 18 exposure to minimal amounts of lead could cause 18 documents. I think you ought to listen to my 19 chronic degenerative disease? 19 question. 20 Did you see any such documents in your 20 MR. DAVID: You produced the document -- 21 review? 21 MR. RICHARDSON: The document was produced Page 262 Page 263 1 by L.I.A. 1 MR. RICHARDSON: I am not referring to that 2 MR. DAVID: You already went over it in the 2 document since he has never seen it before, as I have 3 deposition. 3 stated. 4 MR. RICHARDSON: Let me further that. 4 MR. SULUVAN: if you know of Dr. Henderson, 5 BY MR. RICHARDSON: 5 you can respond as to what you know about Dr. 6 Q Were you aware of any studies done by D.A. 6 Henderson. 7 Henderson on the subject of lead poisoning? 7 A I do not know Dr. Henderson. 8 A No. 8 Q All right. Were you -- were you aware of 9 Q Are you aware, sir, that he did studies on 9 any studies that were done in Queensland concerning 10 lead poisoning in children in Queensland? 10 exposure to lead in childhood mat resulted in renal u MR. SULLIVAN: Objection. If you know. 11 failure and death as a result of renal failure later Q Were you aware? 12 on? MR. SULUVAN; You are talking about Dr. 13 MR. s u l l iv a n : objection. 14 William George? 14 MR. DAVID: object to the question. It 15 MR. RICHARDSON: I am talking about Dr. 15 assumes facts not in evidence. 16 Henderson. 16 It misstates the findings or whatever the 17 BY MR. RICHARDSON: 17 findings were of some study that was done in 18 Q Were you aware that he did studies in 18 Queensland. 19 Queensland concerning childhood lead poisoning, sir? 19 It is a deliberate attempt to mislead the 20 MR. SULUVAN: Is Dr. Henderson referred to 20 witness. 21 in there? 21 BY MR. RICHARDSON: Page 264 Page 265 1 Q Were you aware, sir? 1 witness was nodding affirmatively. 2 MR. SULLIVAN: if you were aware of any 2 MR. RICHARDSON: He was. 3 Queensland studies. 3 MR. CURTIS: I don't believe he was. 4 A No-, I am not aware of any. 4 MR. RICHARDSON: Well, it is videotaped. 5 Q Thank you, sir. 5 BY MR. RICHARDSON: 6 I can finds the exhibit, if necessary, but 6 Q This was in 1944 or thereabouts with respect 7 one of the exhibits we have already talked about, sir, 8 discussed Mr. Wormser reading a study from 7 to his communications with Dr. Kehoe. 8 MR. KENNEALLY: It might be Exhibit 21, 9 Queensland. 9 counsel. 10 Do you remember that exhibit, sir? 10 MR. DAVID: 21 or 22. 11 A No, I don't. 11 BY MR. RICHARDSON: 12 Q Do you remember us talking about that 12 Q I will show you Exhibit Number 22 again, 13 earlier in the deposition though? 13 sir, in that last paragraph down there. 14 A I don't. There has been a lot of water over 14 MR. s u l l iv a n : Are you asking him if that 15 the dam here. 15 Queensland article is the one that refers to the kid 16 Q Well, you were nodding affirmatively when I 16 -- the children who may have died of renal failure? 17 was talking about it. 17 We all know it didn't. 18 MR. SULLIVAN: I think it may have been in 18 MR. RICHARDSON: It didn't? What didn't? one of those. 19 MR. GRIMM: Let's just ask the question and MR. CURTIS: Just for the record, I don't 20 go on. 21 think that is an accurate representation that the 21 MR. RICHARDSON: when you are finished, let Page 260 - Page 265 Evans Reporting Service Multi-PageTM Page 266 Page 267 1 me take a look at it. 1 stated in the letter from your looking at it at 2 mr . SULLIVAN: This is Mr. Wormser's 2 present? 3 response to Mr. Kehoe, is that the one you are 3 MR. SULLIVAN: You may read the words. 4 referring to or are you referring to Kehoe's letter to 4 A It says, I recall out of 19 children alleged 5 Mr. Wormser? 5 to have lead poisoning, 12 did not show any shadow 6 mr . Ric h a r d s o n : I gave him the one I was 6 which is one of the reasons why the use of X-ray is 7 referring to, sir. 7 apparently not held in high regard among the 8 MR. WHITEHEAD: That is Exhibit Number 22? 8 Australian medical circles to detect lead poisoning in 9 MR. RICHARDSON: Yes. 9 children. io (Whereupon, pause.) 10 Q That is right. The exhibit that I just it MR. SULLIVAN: I think on 22 he indicated he 11 showed you with the presentation of Dr. George in it 12 hadn't seen that letter, too. 12 at page L.I.A. 10973, the second paragraph from the 13 BY MR. RICHARDSON: 13 bottom, seems also to discuss the bone lead content of 14 Q I am showing you Exhibit Number 22. 14 the 12 subjects. 15 It states at the bottom paragraph that out 15 Does it not, sir? 16 of 19 cases, 12 were shown not to snow any shadows; 16 MR- SULLIVAN: You indicated that you 17 isn't that correct, sir? 17 weren't going to be using this for verification. 18 MR. SULLIVAN: I object. 3This testified - 18 MR. RICHARDSON: I am just asking. Iam 19 Mr. Smith testified that he had not previously seen 19 trying to determine whether or not we are talking 20 this letter, so -- 20 about the same study. 21 Q I am just asking you, sir, is that what is 21 MR. SULLIVAN: if you know what the content Page 268 Page 269 1 of that study was -- 1 A I don't know that L.I.A. was aware of that. 2 A No, I do not. 2 MR. SULLIVAN: Let him finish his 3 Q Okay. Do you see that language there in 3 objection. 4 that paragraph? 4 MR. DAVID: It is a misleading question. 5 A Here? 5 BY MR. RICHARDSON: 6 Q Yes. 6 Q Okay. 7 A Yes, I see it. 7 MR. SULLIVAN: Objection. 8 Q Okay. But you are not able to say that they 8 Q You can restate your answer, just so that 9 are talking about one in the same studies? 9 the record is clear. 10 A I am not. 10 A Well, I said I do not know L.I.A. would have 11 Q Now, this was before you arrived at the 11 been aware of that. 12 L.I.A.; is that correct, in 1957? 12 (Whereupon, Smith Deposition Exhibit Number 13 A Yes. 13 40 was marked for identification.) 14 Q Isn't it true, sir, that by 1957 that L.I.A. 14 BY MR. RICHARDSON: 15 was aware that childhood exposure to lead could result 15 Q Sir, I am now showing you what has been 16 in chronic kidney disease? 16 marked as Deposition Exhibit Number 40. 17 MR. DAVID: Objection to the form of the 17 It is the quarterly report of the Secretary 18 question. 18 of L.I.A. dated October 1st, 1957. The first page of 19 MR. SULLIVAN: objection. 19 which is Bates stamped L.I.A. 21478. 20 MR. DAVID: Calls for speculation on the 20 Is this a document that was produced in this 21 part of this witness and states a -- 21 litigation by the L.I.A.? Page 270 Page 271 1 (Whereupon, document tendered to witness.) 1 warning labels on products allegedly hazardous would 2 A Yes, it is. 2 sweep the country? 3 Q And have you seen this document before? 3 MR. SULLIVAN: objection. 4 A 1 believe I have. 4 A No, this is a speculation, I think. 5 Q On page 2 under warning labels, it begins by 5 Q Do you believe that the author was 6 saying as had been predicted, a wave of legislation 6 speculating? 7 relative to requirement of warning labels on products 7 MR. SULLIVAN: Objection. 8 allegedly hazardous to health has been sweeping the 8 Q Is that a yes, sir? 1 am sorry, you can't 9 countTM. 9 nod. 10 Were you able to determine from your review 10 A Yes, I am sorry. 11 of the documents any support or any documentation to 11 Q It also states in that section, as a further 12 explain or how it was predicted by the L.I.A. that 12 move towards uniformity, a conference was held on 13 this would happen? 13 September 26th with representatives of the MCA with 14 MR. SULLIVAN: Objection. He should have 14 the purpose of bringing their labeling recommendations 15 the opportunity to read that section and that page. 15 into line with those of the American Standards 16 MR. RICHARDSON: That is fine, 16 Association. n (Whereupon, pause.) 17 Do you see that, sir? 18 A Okay. 18 A I see it. 19 Q Were you able to determine from your review 19 Q Is the MCA referred to there the 20 of the documents on what basis it was predicted that 20 Manufacturing Chemists Association as referred to in 21 the wave of legislation concerning requirement of 21 one of the previous sentences? Evans Reporting Service Page 266 - Page 271 Multi-PageTM Page 272 Page 273 1 A I believe it would be, yes. 1 A Yes. 2 Q Okay. And do you know whether or not the 2 Q Has the L.I.A. produced this document in 3 L.I.A. attended that conference? 3 this litigation? 4 A I do not. 4 A Yes. MR. RICHARDSON: Do you want to take a short 5 Q Have you seen this document before, sir? break? 6 A Let me review it briefly. 7 MR. SULLIVAN: Yes, he would like a break. 7 (Whereupon, pause.) 8 MR. RICHARDSON: That is fine. 8 A Yes. 9 (Whereupon, a brief recess was taken.) 9 Q Have you seen it before, sir? 10 THE VIDEOGRAPHER: We are back on the 10 A Yes, I have. 11 record. The time is approximately 4:07. 11 Q Page 2 under childhood lead poisoning, do 12 (Whereupon, Smith Deposition Exhibit Number 12 you see mat section, sir? 13 41 was marked for identification.) 13 A I do. 14 BY MR. RICHARDSON: 14 Q Have you read that already or do you need a 15 Q Sir, I am now showing you what has been 15 moment to look at that? 16 marked as Deposition Exhibit Number 41. It is another 16 A No, I have read it. 17 quarterly report of the Secretary of the L.I.A. dated 17 . Q Okay. This document seems to suggest that 18 April 2nd, 1958. 18 the problem of lead poisoning in small children is 19 The first page of which is Bates stamped 19 mainly confined to the sluAs of our older cities. 20 L.I.A. 22233; is that correct, sir? 20 My question to you, sir, is, from your 21 (Whereupon, document tendered to witness.) 21 review of the documents, were you able to determine Page 274 Page 275 1 whether or not that was, in fact, true? 1 researchers in Baltimore and several other cities, 2 MR. SULLIVAN: Objection. 2 Cincinnati, Boston, and I believe Dr. Chisolm right 3 MR. GRIMM: objection. 3 here in Baltimore was doing work on this and L.I.A. 4 A I made no effort to determine whether that 4 was doing its best to try to -- as it says here, it is 5 was true or not. 5 a continuing study and a preventive effort. 6 Q Okay. It says here that the correspondence 6 Q Sir, it says here that though these numbers 7 with the health authorities of four major cities have 7 may not seem large, it must be borne in mind that 8 brought in the following 1957 figures, and among which 8 every such case is a potential source of most damaging 9 is for Baltimore 55 cases, three deaths. 9 publicity, and that many of the surviving children may 10 Do you see that, sir? 10 be permanently mentally retarded. 11 A I do. 11 My question to you, sir, is, why does it Q Was there any effort on the part of the 12 appear that the L.I.A. is more concerned with the L.I.A. to determine how many of those 55 cases were, 13 damaging publicity from these cases as opposed to the 14 in fact, legitimate cases of childhood lead 14 injuries actually suffered by these children? 15 poisoning? 15 MR. DAVID: Object. 16 MR. d a v id : i object to the form of the 16 MR. SULLIVAN: objection. That is a 17 question. It is vague as to the term legitimate. 17 mischaracterization of that paragraph. 18 MR-SULLIVAN: Objection. is It says they are trying to do studies and it 19 BY MR. RICHARDSON: 19 is a preventive effort and now you are 20 Q You can answer, sir. 20 mischaracterizing it and saying they don't care at the 21 A The fact is that, again, L.I.A. was funding 21 end. Page 276 Page 277 1 That is absolutely wrong. 1 I think all along the Association was in the 2 Mischaracterization. 2 forefront of trying to solve this, trying to find out 3 A I would say definitely it was a 3 how best to handle these and prevent them. 4 mischaracterization. L.I.A. was very much concerned 4 Q And isn't one possible way of preventing it 5 and continued to be concerned throughout the years. 5 is to not use white lead in paint? 6 Q Do you agree, sir, that this document 6 MR. SULLIVAN: Objection. 7 suggests that the L.I.A. was aware as of 1958 that 7 Q Isn't that one possible way, sir? 8 many of the surviving children may be permanently 8 A No, I think that is a mischaracterization. 9 mentally retarded? 9 MR. SULLIVAN: objection. L.I.A. never made 10 MR DAVID: I object to that. 10 a product. 11 MR. SULLIVAN: Objection. 11 Q I am not asking you whether L.I.A. ever made 12 A This document does say something to that 12 a product despite what your counsel is suggesting. 13 effect, but this, again, and I don't even know who 13 My question to you, sir, is, isn't one way 14 wrote it. 14 to prevent childhood lead poisoning not to use lead in 15 Q The Secretary of the L.I.A., sir. 15 paint in the first place? 16 A All right. 16 MR. s u l u v a n : objection. 17 Q Who was Mr. Ziegfeld at that time? n Q Regardless of this document? 18 A That is right, Robert Ziegfeld. But L.I.A. 18 MR. SULLIVAN: objection. Thatcalls for ' was concerned, and I think it even comes through on 19 speculation. this that it was something that was very much of 20 A That is ~ that is your statement and -- 21 concern and not just because of the money. 21 Q Do you agree with it? Page 272 - Page 277 Evans Reporting Service Multi-PageTM Page 278 Page 279 1 A No, I cannot go along with that. I think 1 and 16th of 1958. The first page of which is Bates 2 that Lead Industries Association, first of all, as he 2 stamped L.I.A. 22241. 3 said, was not using this and secondly, there were 3 I ask you, sir, is this a document that was 4 many, many, many products that were out there very, 4 produced by the L.I.A. in this litigation? 5 very useful. 5 (Whereupon, document tendered to witness.) 6 Without them we would fail to have 6 A I believe it was. 7 automobile starters and on down the line. Thousands 7 Q Have you seen this document before? 8 of products. 8 A I would like to look at it first to 9 Q I understand. I am only talking about lead 9 determine that. 10 paint now, and my question - well, you have answered 10 (Whereupon, pause.) 11 my question. 11 (Whereupon, discussionoff therecord.) 12 (Whereupon, Smith Deposition Exhibit Number 12 THE VIDEOGRAPHER:We areback on the 13 42 was marked for identification.) 13 record. The time is 4:20. 14 BY MR. RICHARDSON: 14 BY MR. RICHARDSON: 15 Q Sir, I am showing you what has been marked is Q So, have youseen this document before, 16 as Deposition Exhibit Number 42. 16 sir? n It is a report of the Health and Safety 17 A Yes. 18 Division, Mr. Manfred Bowditch, Bowditch -- Bowditch, is Q If I can referyou to the page Bates stamped 19 I'm sorry. Director of the Health and Safety Division, 19 L.I.A. 22243. 20 Lead Industries Association presented at the 30th 20 A Okay. 21 annual meeting of the L.I.A., St. Louis, April 15th 21 Q Do you know why Mr. Bowditch stated in his Page 280 Page 281 1 report that there was no municipal health department 1 lifelong drain on the family, if it can bear the 2 more alive to the implications of lead poison in 2 expense or the mental strain or on the community. 3 children than that of the City of Baltimore? 3 Do you agree with that statement, sir? 4 MR. SULLIVAN: Objection. If you know. 4 MR. DAVID: I object. It calls for an 5 A I assume that he did that because we were 5 expert opinion on the part of this witness and he is 6 funding research here and had been for a long time and 6 not an expert obviously, medical expert. 7 had taken the results of that research and that 7 MR. SULLIVAN: I object. 8 information on lead poisoning to the Baltimore City 8 A I could not say that for sure. 9 Health Department and were working with them to try to 9 Q Okay. The last page of this document seems 10 get them to educate parents as to the hazards of lead 10 to state that since 1931 there have been 607 cases of 11 poison. 11 lead poisoning in Baltimore children. 12 Q Isn't it also true, sir, that the City of 12 From your review of the documents, have you 13 Baltimore was at the forefront with respect to lead 13 seen anything to contradict that statement, sir? 14 poison in addressing that issue? 14 MR. SULLIVAN: Objection. If you can answer 15 MR. SULLIVAN: Objection. You can answer. 15 one way or another. 16 A Someplace here it aid say that very point. 16 A I can't answer either way. 17 Q Do you agree with the statement as it is 17 Q You have not seen anything to contradict 18 stated in the last full paragraph of this page. 18 that? 19 Do you agree with the statement, for those 19 A No. 20 children who are lead poisoned, there may be permanent 20 MR. DAVID: He hasn't seen anything to 21 brain damage and paralysis and the child becomes a 21 confirm it either, I assume? Page 282 Page 283 1 MR. SULLIVAN: I think he said either way. 1 (Whereupon, document tendered to witness.) 2 A Either to support it or refute it. 2 A Yes, it is. 3 MR. SULLIVAN: Keep your voice up. Mr. 3 Q Have you seen this before, sir? 4 Richardson has a good strong voice. We want your 4 A I have, and I couldn't read it then either. 5 voice to be a good strong voice. 5 Q Well, let me try to help you. 6 (Whereupon, Smith Deposition Exhibit Number 6 Was Dr. Foulger at this time employed by the 7 43 was marked for identification.) 7 DuPont Company, if you know? 8 MR. RICHARDSON: can we go off for a 8 MR. SULLIVAN: objection. 9 second? 9 A I do not know. 10 (Whereupon, discussion off the record.) 10 MR. SULLIVAN: I will just note for the 11 THE VIDEOGRAPHER: We are back on the 11 record that our copy is so fuzzy, it is very, very ~ 12 record. The time is 4:24. 12 it is almost impossible to read this, especially if 13 BY MR. RICHARDSON: 13 you get later into the document. 14 Q Sir, I am now showing you what has been 14 Q Well, if you turn to the next page, the is marked as Deposition Exhibit Number 43. 15 second column, the first full paragraph, I will read 16 It is entitled, Precautionary Labeling of 16 it to you as follows and the defendants here at the 17 Lead Products by John H. Foulger, F-o-u-l-g-e-r, M.D., n table have another copy, so -- 18 the first page of which is Bates stamped L.I.A. 18 MR. SULLIVAN: I will just make a comment 19 11085. 19 and that is Mr. Smith identified seeing this document 20 Is this a document, sir, that was produced 20 and he also indicated he couldn't read it earlier, so 21 by the L.I.A. in this litigation? 21 if you are going to ask a question, it is not a Evans Reporting Service .. Page 278 - Page 283 Multi-PageTM Page 284 Page 285 1 document that he has analyzed -- 1 able to confirm whether or not the information relied 2 MR. RICHARDSON: It is not that illegible. 2 upon by this subcommittee was, in fact, obtained from 3 lam able to read it on the record right now. 3 the paint industry? 4 MR. SULLIVAN: well, that is your 4 MR. SULLIVAN: if you -- objection, if you ' characterization of your copy. 5 have knowledge. BY MR. RICHARDSON: 6 A I do not have knowledge. 7 Q Okay. That paragraph states, sir, there has 7 Q All right. The last page, sir -- s been a lot of dispute as to how it was founded. 8 MR. SULLIVAN: This is the worst page of all 9 Now, I was on the Z66 subcommittee of the 9 of the ones we have. 10 ASA which established it, and I was one of the group 10 Q Hie first column. Are you on the last 11 including Dr. Lanza and Dr. Cranch who finally set up 11 page? 12 this 1 percent level. 12 A Yes, 3070? 13 It was based on these considerations which 13 Q Yes. The first column, the first full 14 in turn came from information we obtained from the 14 paragraph begins with Dr. Foulger, but I am really 15 paint industry. 15 interested in the one below that. 16 Do you see that, sir? 16 It says, it is the duty of everybody who 17 A I do. 17 makes or sells or gives away a compound to know what 18 MR. SULLIVAN: We have been able to read - 18 it will do. 19 I can read certain words, most of those words, but not 19 Do you agree with that statement, sir? 20 all of them. 20 MR. SULLIVAN: Objection. 21 Q From your review of the documents, were you 21 MR. DAVID: Objection. Page 286 BY MR. RICHARDSON: 1 Q You can answer. A I can make no judgment on that. 2 3 Q You do not have an opinion one way or the other? 4 5 A No. 6 (Whereupon, Smith Deposition Exhibit Number 7 44 was marked for identification.) 8 BY MR. RICHARDSON: 9 Q Sir, I am now showing you what has been 10 marked as Deposition Exhibit Number 44. 11 It is a quarterly report of a Secretary of 12 the L.I.A. dated January 14th, 1959. The first page 13 of which is Bates stamped L.I.A. 22349. 14 I ask if you have ever -- if that document 15 was produced by the L.I.A. in this litigation, sir? 16 (Whereupon, document tendered to witness.) 17 A Yes, it was. 18 Q Have you ever seen this before, sir? 19 A I will take a look at it first, please. 20 (Whereupon, pause.) 21 Page 287 BY MR. RICHARDSON: Q Have you read it, sir? A Yes, yes. Q Sir, have you seen this before? A Yes. Q On page 2, sir, under number 8, you are at the point now where you know exactly where to go. Under uniform labeling of lead paints it states, in cooperation with the NPVLA, efforts have been underway during the quarter to persuade the health authorities of such municipalities of New York and Baltimore, each inclined to be a law unto itself, to adopt uniform regulations relative to precautionary labeling of lead paints. Lacking such uniformity, a chaotic condition could develop. My question to you, sir, my first question, do you know what efforts were, m fact, initiated to do this? MR. SULLIVAN: Objection. Do you know? A No, I do not know. Q And my second question is, do you know Page 288 Page 289 whether or not they were successful in persuading, 1 Q Sir, I am now showing you what has been specifically, the City of Baltimore to adopt uniform 2 marked as Deposition Exhibit Number 45. regulations? 3 It is a letter from the Secretary of the MR. SULLIVAN: Objection. 4 L.I.A. to the members of the L.I.A. dated April 1st, Q If you know. 5 1960. The first page is Bates stamped L.I.A. 19433. A I do not know for sure. 6 It has attached to it an article entitled, Q All right. Are you aware that in 1958 or 7 Lead Dome Marks 25th Service-Free Year. thereabouts the City of Baltimore enacted legislation 8 Do you see that, sir? which cited, in part, the ASA standard Z66? 9 (Whereupon, document tendered to witness.) A I am aware that they were interested in 10 . A I see the title, yes. that, yes. 11 Q Was this document produced by the L.I.A. in Q Do you know that they, in fact, did 12 this litigation? promulgate an ordinance? 13 A Ibelieveitwas, yes. A I believe they did, yes. I believe this 14 Q And have you seen this document before, was -- this would nave been a follow-up to it. 15 sir? Q All right. 16 A I don't recall it, but I may have. A This was intended to bring -- 17 MR. SULLIVAN: is there a particular part of MR. RICHARDSON: Mark this. 18 it you would like him to look at it just for purposes (Whereupon, Smith Deposition Exhibit Number 19 of seeing whether that part refreshes his recollection 45 was marked for identification.) 20 as to whether he has, in fact, seen it or not? 21 BY MR. RICHARDSON: 21 MR. RICHARDSON: Well, I am interested in 'age 284 - Page 289 Evans Reporting Service Multi-PageTM Page 290 Page 291 1 pages 3 and 4 of the report. 1 A It is also a magazine. 2 (Whereupon, pause.) 2 Q Okay. And was that a product of the L.I.A. 3 A Okay. 3 or some other organization? 4 Q Sir, on page 3 at the top it states that 4 A No, this is a product of a company. I don't s they have developed two - developed a new advertising 5 know their name. 6 campaign in two leading design magazines, one of which 6 Q And it states here that the combined 7 is Materials and Design Engineering. 7 circulation was over 70,000 people. 8 Had you ever heard or that before? 8 Is that your understanding? 9 A Yes, I have. 9 A That is what this says. to Q What was that? 10 Q Okay. And the ads that they put into these u A It is a publication that goes to design 11 two magazines were designed to emphasize the varieties 12 engineers. 12 of lead's properties and the variety of jobs it is 13 Q Was that something that the L.I.A. put out 13 efficiently performing for the industry today. 14 or someone else? 14 My question to you, sir, is do you know 15 A No, it is a publication, it is a magazine. 15 whether or not that included the use of lead in 16 Q Who put it out? 16 paints? 17 A I believe -- don't know, sir. 17 MR. SULLIVAN: Objection. 18 Q Okay. And have you ever heard of Product 18 A I do not know. 19 Engineering? 19 MR. SULLIVAN: This is 1959? 20 A Yes, I have. 20 MR. RICHARDSON: Yes. 21 Q And what was that? 21 BY MR. RICHARDSON: Page 292 Page 293 1 Q You do not know? 1 Do you know how or why -- strike that. 2 A I do not know. 2 From your review of the documents, were you 3 Q Okay. It also states here in the third 3 ever able to determine to what ways the problem of the 4 paragraph that, all in all, to 1959 through the 4 toxicity of lead was taking dollars out of the pockets 5 L.I.A.'s direct mail and space advertising of 5 of the members of the L.I.A.? 6 publicity, well over 3.5 million individual messages 6 MR.SULLIVAN: objection. Timeframe. 7 about lead were delivered to the industry. 7 Are you referring just in 1959? 8 Do you see that, sir? 8 MR. RICHARDSON: 1959. 9 A I do see it. 9 A I believe that the industry was concerned 10 Q Do you know whether any of those individual 10 about lead poisoning and that concern was also out in u messages involved the use of lead in paint? 11 the public arena ana they certainly felt that it 12 MR. SULLIVAN: objection. 12 was -- it could hurt the business, the use of lead. 13 A I do not know. 13 Q In other words, it could hurt sales -- 14 Q On the next page, sir, page 4, in the first 14 A It could. 15 paragraph it says in the middle of that, the toxicity 15 MR. SULLIVAN: objection. 16 of lead poses a problem that other nonferrous 16 Q -- and profits there from; is that correct, 17 industries generally do not have to face. 17 sir? 18 Lead poisoning or the threat of it hurts our 18 MR. CURTIS: objection to the question. 19 business in several ways. While it is difficult to 19 MR. SULLIVAN: objection. 20 count exactly in dollars and cents, it is taking money 20 A I don't know about that. 21 out of your pockets every day. 21 Q It goes on in the next paragraph to state in Page 294 Page 295 1 the first place, it means thousands of items of 1 Q That it does. 2 unfavorable publicity each year. 2 It says secondly, it means that we are often 3 Do you see that, sir? 3 subjected to unnecessarily onerous regulations either 4 A I see it. 4 in the use of our product or in its labeling. 5 Q This is particularly true since most cases 5 This may mean either an added expense to 6 of lead poisoning today are in children, and anything 6 labeling or in control equipment to your or your 7 sad that happens to a child is meat for newspaper 7 customers' plants. 8 editors ana is gobbled up by the public. 8 It may even mean that your product won't be 9 It makes no difference that it is 9 used at all because your potential customer doesn't 10 essentially a problem of slums, a public welfare 10 want the problems that the use of lead may involve. 11 problem. Just the same, the publicity hits us where 11 With respect to that paragraph, sir, is 12 it hurts. 12 there any -- well, not just that paragraph. You have 13 And my question to you, sir, is from your 13 had a chance to read this entire section, sir. 14 review of the documents, are you able to determine 14 Is there any indication here that die L.I.A. is what the Secretary of the L.I.A. was relying upon to is is concerned about what effect lead poisoning has on 16 make the statements he has made in that paragraph? 16 children? n MR. CURTIS; Object to the form of the 17 A Absolutely. The next paragraph. What are 18 question. 18 we going to do about all of this? 19 MR. SULLIVAN: Objection. 19 We are working closely with governmental 20 A I do not know. That was -- whatever you see 20 health authorities, childhood poisoning centers, the 21 here, it speaks for itself. 21 medical profession, and organizations like the Evans Reporting Service Page 290 - Page 295 Multi-PageTM Page 296 Page 297 1 American Standards Association; Paint, Varnish and 1 of years ago. 2 Lacquer Association; Manufacturing Chemists 2 Why would they brag about taking -- about 3 Association to prevent an unfair ana onerous 3 increasing the amount of lead in the air when they are 4 regulations. ' They were doing everything they could to try 4 talking about childhood lead poisoning? 5 MR. SULLIVAN: objection. You haven't to get information out and at the same time working 6 established the fact that that relates to the other 7 with organizations who themselves would get 7 material we have been talking about which was 8 information out on childhood lead poisoning. 8 industrial use and with different types of industrial 9 Q Doesn't, in fact, what you just read, sir, 9 applications. to suggest that the L.I.A. states that what it is doing 10 A Clearly they were talking about industrial 11 about the money being taken out of their pockets and 11 applications. 12 the unfair publicity is that they are trying to 12 Q They were? 13 prevent the enactment of unfair and onerous 13 A lam sure of it. 14 regulations and not prevent childhood lead poisoning? 14 Q Do you understand why it was, in fact, 15 MR. SULLIVAN: Objection. That is a is important that they put it in here? 16 mischaracterization, I think, of the entire document. 16 MR. SULLIVAN: Objection, if you know why 17 A No. 18 Q In fact, the next sentence goes on to say. 17 they put it in here, if you have actual knowledge. 18 A I do not. 19 In fact, we were largely responsible for the increase 19 Q Thank you. 20 of one-third in the maximum permissible concentration 20 (Whereupon, Smith Deposition Exhibit Number 21 of lead dust in fumes that became effective a couple 21 46 was marked for identification.) Page 298 Page 299 1 BY MR. RICHARDSON: 1 BY MR. RICHARDSON: 2 Q Sir, I am showing you what has been marked 2 Q All right, sir, if I can -- well, have you 3 as Deposition Exhibit Number 46. 3 seen this document before? 4 It is another copy of a quarterly report of 4 A Yes. 5 the Secretary of the L.I.A. dated April 4th, 1960, the 5 Q On page 2, number 8, under Harvard lead 6 first page of which is Bates stamped L.I.A. 22586 and 6 toxicity study -- by the way, this appears to indicate 7 ask you whether or not this is a document that was 7 that, at least as of April 1960, the L.I.A. was still 8 produced by the L.I.A. in this litigation? 8 involved in funding research at Harvard; is that 9 (Whereupon, document tendered to witness.) 9 correct? 10 A Yes, I believe it is. 10 A I believe they were, yes. 11 Q And have you seen this document before, 11 Q Okay. It states there that theAmerican * sir? 12 Standards Association holds long established A I would like to look at it first. 13 leadership in the setting of allowable limits on 14 MR. RICHARDSON: l am sorry? Oh, I thought 14 substances which may be hazardous to health. 15 there was a question. 15 Do you know what documents exist which would 16 MR. WHITEFORD: I think they were just 16 support his statement that the ASA holds long 17 trying to get the number. 17 established leadership in the setting of allowable 18 Q I am specifically only interested in page 2, 18 limits on substances which may be hazardous to 19 but -- 19 health? 20 A Okay. 20 MR. SULLIVAN: L.LA. documents? 21 (Whereupon, pause.) 21 Are you talking about documents throughout Page 300 Page 301 1 the universe alone? 1 quite generally looked to by governmental agencies in 2 Q That you are aware that you have seen in 2 the promulgation of laws ana regulations. 3 connection with this litigation? 3 And let me just stop there and ask you, sir, 4 A Well, I have basically have seen only L.I.A. 4 that isn't it true that this document indicates that 5 documents. 5 it was understood by the L.I.A. in 1960 that 6 The documents that they are referring to are 6 governmental agencies looked to the ASA in the 7 American Standards documents such as the copy of the 7 promulgations of laws and regulations? 8 one you have there. 8 MR. SULLIVAN: object to the fonn of the 9 Q And -- 9 question. 10 A They are promulgated by thestandards 10 A I think that is an overstatement in large 11 organization itself. 11 manner. 12 Q Okay. It says two committees of the ASA, 12 I believe that a s a would have been looked to 13 both of which have a leading part. 13 as would other standards organizations in a given 14 Do you know what he means by that? 14 particular field. 15 A I do not, but I know that L.I.A. was very 15 A government agency certainly might call on 16 much interested in seeing that these standards were 16 them to provide whatever information they have. 17 distributed widely and that they were utilized. 17 Q That was not stated in this document, was 18 Q Okay. 18 it, sir? > A It was our method of attacking the problem 19 A It wasn't couched in that direction, but it , that we have been talking about here. 20 is -- 21 Q I agree, since these American Standards are 21 Q And, in fact, you were not employed by the Jage 296 - Page 301 Evans Reporting Service Multi-PageTM Page 302 Page 303 1 L.I.A. as of April of I960, were you, sir? 1 the Harvard institution has been one that the L.I.A. 2 A No, I was not. 2 has been intimately involved in since its inception; 3 MR. SULLIVAN: Objection. 3 isn't that correct? 4 Q And it goes on to state that, after 4 MR. SULLIVAN: Inception of L.I.A.? 5 consideration of the potentialities of findings by 5 MR. RICHARDSON: Yes. 6 several scientific institutions, the Harvard School of 6 MR. DAVID: object to the form of the 7 Public Health has been invited to submit a proposal 7 question. Vague and indefinite as to what intimately 8 for research in this field over a three-year period. 8 involved in means. 9 My question to you, sir, is do you know 9 Q You can answer, sir. to which other potential scientific institutions were 10 MR. SULLIVAN: I am going to object on the 11 considered besides the Harvard School of Public Health 11 same grounds. 12 before that decision was made? 12 A L.I.A. did deal with Dr. Aub from Harvard. 13 MR. SULLIVAN: Objection. 13 Q From its inception or shortly thereafter? 14 A I do not I don't -- 14 A I believe so. Again, we were doing good is Q Do you know why they chose the Harvard 15 work all the way along in asking Dr. Aub to help us, 16 School of Public Health to do this particular 16 again, determine things about childhood lead poisoning 17 research? 17 that were unknown. 18 A I don't, but I think it is a very 18 Q I move to strike since it is nonresponsive 19 prestigious organization. I am sure that there was 19 and there is no question pending. 20 some consideration of that. 20 MR. DAVID: I object to the motion. It is 21 Q And, in fact, it is the Harvard school -- 21 totally responsive. Page 304 Page 305 1 (Whereupon, Smith Deposition Exhibit Number 1 Q And have you seen this before? 2 47 was marked for identification.) 2 A I would look to look through it first. 3 BY MR. RICHARDSON: 3 Q Absolutely. 4 Q Sir, I am showing you what has been marked 4 (Whereupon, pause.) 5 as Deposition Exhibit Number 47. 5 (Whereupon, discussion off the record.) 6 It is a letter from the Secretary of the 6 THE VIDEOGRAPHER: we are back on the 7 L.I.A. to the Board of Directors and the industry 7 record. The time is 4:52. 8 development committee of the L.I.A. 8 (Whereupon, pause.) 9 It is attached -- it is dated March 16th, 9 MR. SULLIVAN: Do you want Mr. Smith to go 10 1960 and it is attached as Exhibit D to the Board of 10 through and read all of the parts of the proposal? 11 Director meeting minutes dated April 6th, 1960. 11 MR. RICHARDSON: No, I am going to deal only 12 For the record, the minutes are not 12 with the first two pages. 13 attached, but Exhibit D is what is reflected in this 13 BY MR. RICHARDSON: 14 document; is that correct? 14 Q Have you finished? 15 (Whereupon, document tendered to witness.) 15 A Yes. 16 a Yes, I think so. 16 Q Have you seen this before? 17 Q The first page of it is Bates stamped L.I.A. 17 A Just now. is 682. 18 Q Okay. Other than just now, though, you have 19 Is this a document that was produced by the 19 never seen it before? 20 L.I.A. in this litigation? 20 a I don't remember seeing it. 21 A I believe it was. 21 Q Okay. Was the secretary in March of 1960 Page 306 Page 307 1 still Mr. Ziegfeld of the L.I.A.? 1 documents whether or not it was the L.I.A.'s belief 2 A Yes. 2 from the first time it began funding research at the 3 Q Okay. Do you know why he would state in the 3 Harvard School of Public Health whether or not it knew 4 first paragraph that the potential hazard of lead 4 that this institution was authoritative and would be 5 compounds due to their toxicity often hampers or even 5 accepted by governmental agencies? 6 completely precludes their sale for many uses and 6 A I don't really know that. I can't say 7 costs our industry probably several million dollars a 7 that. 8 year in additional markets. 8 Q If you don't know, you don't know, sir. 9 Do you know why he would say that? 9 MR. SULLIVAN: Are youdone with that 10 MR. SULLIVAN: Objection. to document? 11 A No, I do not. 11 MR. RICHARDSON: Yes. 12 Q On page 2 - I am sorry, I understand that 12 (Whereupon, Smith DepositionExhibit Number 13 you haven't seen this document before, but it states 13 48 was marked for identification.) 14 that we also feel that the Harvard School of Public 14 BY MR. RICHARDSON: 15 Health is as well suited as any organization in die 15 Q I am now showing you what has been marked as 16 country to conduct this research and that its findings 16 Deposition Exhibit Number 48. 17 would be accepted as authoritative by industries and 17 It appears to be a copy of the American 18 governmental agencies. 18 Standard specifications to minimize hazards to 19 Do you see that, sir? 19 children from residual surface coating materials 20 a I do. 20 sponsored by the American Academy of Pediatrics, 21 Q Do you know from your review of the 21 approved April 29th, 1964, the first page of which is Evans Reporting Service Page 302 - Page 307 Bates stamped L.I.A. 25045. Is this a document that was produced by the L.I.A. in this litigation? (Whereupon, document tendered to witness.) A Yes, I believe it was. Q And have you seen this before? A I have seen this before. Q Is this a revision of the earlier standard that we were discussing in 1955? A I believe it is, yes. Q In fact, up in the top right-hand comer of the first page it states revision of Z66.1, 1955; isn't that correct? A Yes. Q Okay. To what extent was it revised. Do you know? A I would have to look at it -- Q Take your time. A -- for a moment. (Whereupon, pause.) A Okay. Could I have your question again. Multi-Page1 Page 308 Page 309 1 please. 2 Q Sure. 3 Are you able to tell me to what extent the 4 standard in 1955 was revised in 1964? 5 A I believe there was some wording that was 6 changed, and I believe barium compounds were added to 7 the list of materials. 8 Q Under the category specifications on page 9 L.I.A. 25049, was there anything under number 1 that to was changed? 11 Ana you have in front of you both of them, I 12 take it -- 13 A Yes. 14 Q - the '55and the '64? 15 A The wording, film solids was added. 16 Q Okay. And the paragraph preceding the 17 subpart one, it refers to a term, dry film. 18 Do you see that? 19 A Under -- again, under 2, specifications? 20 Q Yes. 21 A I see the word dry film. Page 310 Q What is that? A I believe this would mean the film after the volatiles had -- Q Evaporated? A -- evaporated. Q And if you turn to page L.I.A. 25047, it states that the ASA sectional committee Z66 which reviewed and approved the standard had the following personnel at the time of approval, and it lists an individual by the name of Don G. Fowler, F-o-w-l-e-r, on behalf of the L.I.A. Do you know who that gentleman is? A Yes. He was an employee of L.I.A. Q He was? A Yes. Q Do you know what position he held as of 1964? A I think he was Director of Environmental Health. Q You had been working for the company for approximately three or a little bit more years by this Page 311 time, by 1964? a No,,:I had been there about three years. Q Had you known him by that time or did you meet him later? A I did know Don Fowler. Q It also has an R.L. Ziegfeld as an alternate on behalf of L.I.A. Is he the Secretary of L.I.A.? A That is correct. Q Or at least was at that time? A Was at that time, that is right. Q Was the L.I.A. a member of the National Paint, Varnish and Lacquers Association? A No. MR. SULLIVAN: just object to time frame. You mean, at any point in history? Q At this time. A No, it was not. Q I see here that Mr. Eckart or Sapolin Paint represent the National Paint, Varnish and Lacquer Association in 1964. Page 312 Page 313 Do you see that, sir? t Q Okay. A Yes, I see that. 2 MR. SULLIVAN: Are you asking him in his Q And at this point in time, having had three 3 personal knowledge or corporate knowledge of L.I.A.? years of employment at the L.I.A., did you know who he 4 Q Well, you are testifying on behalf of the was? 5 company, but you testified that you would have been A No, I did not. 6 working as of three years at this time. Q You had not met him at this time? 7 A I was. A No. 8 Q So I was just concerned as to whether or not Q It also has a D.S. Ring on behalf of the 9 you ever knew this gentleman or that he served on this National Paint, Varnish ana Lacquer Association. I o committee at that time? Had you met Mr. Ring by this time? II A Mr. Eckart, no. A No. 12 Q No, Mr. Fowler. Q Okay. 13 A Oh, Mr. Fowler, I did know him. Now, the next page, it says the Z66.1 14 Q Did you know that he was on this committee? subcommittee which prepared the standard had the 15 A No, I did not. following personnel, ana it lists as Chairman, Mr. 16 Q That is all I was asking. Eckart and as Secretary, Mr. Fowler of the L.I.A. 17 As of 1964, was the Sherwin-Williams Company Did you know as of 1964 that he served on 18 a member of the L.I.A.? the a s a subcommittee? 19 A No, they were not. A If I did, it would only have been in passing 20 Q Okay. Was the DuPont Company a member of 21 interest. I would not have paid any attention to it. 21 the L.I.A. in 1964, to your knowledge? Page 308 - Page 313 Evans Reporting Service Multi-PageTM Page 314 Page 315 1 A I don't know. 1 A No, I did not. 2 Q And do you know if the National Lead Company 2 Q Did you know Mr. Nale, N-a-l-e, of the Union 3 was a member of the L.I.A. in 1964? 3 Carbide Corp? 4 A Yes, I believe they were. 4 A No. s Q And having looked at these names, do you 5 Q Lutz is spelled L-u-t-z, by the way. 6 know any of these other gentlemen listed there, for 6 Did you know Mr. Sparre, S-p-a-r-r-e, of the 7 instance, Mr. Averill of the Hercules Powder Company? 7 DuPont Company in 1964? 8 A Are you on the first part of that or -- 8 A No, I did not. 9 Q Yes, the first part, left column, Myron 9 Q Did you know Mr. Whitson, W-h-i-t-s-o-n, of 10 Averill. 10 the National Lead Company in 1964? 11 Did you know him? u A I am not sure. I may have met him. 12 A No, I did not. 12 Q Okay. 13 Q Did you know Mr. Higgins of the Benjamin 13 (Whereupon, Smith Deposition Exhibit Number 14 Moore Company? 14 49 was marked for identification.) 15 A No, sir. 15 BY MR. RICHARDSON: is Q Or Mr. Hoover of the Toy Manufacturers of 16 Q Sir, I am now showing you what has been 17 the USA? 17 marked as Deposition Exhibit Number 49. 18 A No. 18 This is a summary of a paper delivered by 19 Q Did you know him? 19 Dr. Byran Emmerson, B-y-r-a-n, E-m-m-e-r-s-o-n, of 20 A No, I did not. 20 Queensland, Australia, wnich was presented at the 21 Q Did you know Mr. Lutz of Pratt & Lambert? 21 conference on lead poison in children at the Page 316 Page 317 1 Rockefeller University, May 25th, 1969, the first page 1 A No. 2 of which is Bates stamped NLI20907. 2 Q Were you aware, sir, that during the1920s 3 And my question, first of all, to you, sir, 3 and 1930s, mat European countries had prohibited the 4 is have you ever seen this before since it was not 4 use of white lead in residential paint -- 5 produced by L.I.A.? 5 MR. SULLIVAN: objection. 6 (Whereupon, document tendered to witness.) 6 Q -- for interior use? 7 A Not to my knowledge. 7 MR. SULLIVAN: Objection. That is a 8 Q Do you know whether or not the L.I.A. 8 mischaracterization. 9 attended the conference on lead poisoning in children 9 Q Had you ever heard of anything like that, 10 at the Rockefeller University in May of 1969? 10 sir? 11 A I do not. 11 A No, I have not heard that. 12 Q Do you know whether or not they sponsored 12 Q Okay. Is there any difference between the 13 such a conference? 13 international zinc research organization and the 14 A I do not. 14 American Zinc Institute? 15 Q Had you ever heard of Dr, Emmerson? 15 Are they one in the same or two different 16 A No. 16 organizations? 17 (Whereupon, discussion off the record.) 17 A They were two different organizations. 18 BY MR. RICHARDSON: 18 Q Okay. I want to show you, sir, some 19 Q Were you aware that, as of 1969, Australia, 19 testimony of yours. 20 Queensland, Australia had completely eliminated the 20 We referred to this earlier, your testimony 21 use of lead in paint? 21 in the Santiago case dated October 19th, 1989, and I Page 318 Page 319 1 would like to specifically refer you to pages 211 and 1 it here. 2 212 beginning around line 10 of 211. 2 I also object to the - to the way you are 3 And if you can read that to yourself first, 3 using -- I don't think there is any impeachment. 4 sir, over to line 23 of the next page, to the end of 4 BY MR. RICHARDSON: 5 the next page, I would appreciate it. 5 Q Have you finished? 6 (Whereupon, pause.) 6 A I have. 7 MR. RICHARDSON: I object to the counseling 7 Q Do you remember giving that deposition, back 8 of the witness as he reads this transcript. 8 in'89? 9 MR. SULLIVAN: what we are doing is -- it 9 A I do. 10 actually starts back further and there is differences. 10 Q Isn't it true, sir, that the application of 11 We pick up in the middle of the discussion and we are 11 a coat of lead paint results in a dry film after the 12 talking about interior and exterior issues and we have 12 other solubles on it has evaporated? 13 to distinguish between what is going on. We are 13 MR. SULLIVAN: objection. 14 trying to do that. 14 Q Isn't that true? 15 mr . s k a l l e r u d : There also needs to be a 15 MR. SULLIVAN: if you know. 16 foundation laid as to which there has been a complete 16 A I am not a paint chemist and I am not an 17 lack of foundation. 17 expert. 18 MR. RICHARDSON: It has already been stated 18 Q From your experience in working for the 19 earlier in the deposition. 19 L.I.A., isn't it true mat what is left is a dry film 20 MR. SKALLERUD: oh, I am aware of that and 20 as -- 21 there was an objection stated then, and I am stating 21 A I believe that is true. Evans Reporting Service Page 314 - Page 319 Multi-PageTM Page 320 Page 321 1 MR. SULLIVAN: Let him finish his question 1 A I see it here. 2 and then you can give the answer. 2 Q And do you remember what your answer was 3 Q Now, isn't it also true that if you have 3 then? 4 multiple applications of a coating of paint, even 4 A My answer was possibly, yes. * though the percentage remains the same, you have an 5 Q Okay. And just so that we are clear, can increase in the amount of lead that is on that 6 you read the question and the answer that you are now 7 surface, unless that surface is scraped or something 7 referring to? 8 to remove the previous coatings? 8 MR. SULLIVAN: well, that is part of the 9 But if that is not true, ifthe coatings 9 problem that we were having when you said I am 10 remain there, the dry film that accumulates from the 10 coaching him. I am not, because this question 11 multiple applications from different coatings 11 actually is -- comprises about four pages of testimony 12 increases the amount of lead there, albeit the 12 here trying to get the question even asked in a way 13 percentage staying the same; isn't that true, sir? 13 that he could respond to it. And it is in bits and 14 MR. SULLIVAN: objection. I am not sure -- 14 pieces over that period of time. 15 objection. I can't understand the question. is MR. RICHARDSON: Can I see the deposition? 16 Q You can answer, if you understand it. 16 MR SULLIVAN: That question was very 17 A That is a mathematical problem, I presume, 17 similar to what you were arguing about the paint. It 18 that I don't know. I couldn't give you an honest, 18 was an accumulating question over pages finally 19 clear answer. 19 materialized into something. 20 Q Do you remember being asked that question in 20 BY MR RICHARDSON: 21 this deposition? 21 Q I am going to read beginning on page 212 Page 322 Page 323 1 line 14 down to line 23, and just let me know if I am 1 MR RICHARDSON: Page 212. Question, 2 reading it correctly, sir. 2 answer, no objection in between. That is all I was 3 So that if there were very little lead in 3 referring to was the last question. 4 one coat, if you had an accumulation of coats, it 4 MR. SKALLERUD: For the record, start with 5 could present the same hazard. Your answer, that is 5 line 14, and there is an objection on line 17 and 6 correct, so do I understand the L.I.A. position that 6 another objection following the second question 7 lead which has accumulated like that on interior 7 beginning on line 24. 8 surfaces like you described to us can be a hazard to 8 BY MR RICHARDSON: 9 children if so ingested. We believe so. 9 Q Sir, are you aware or can you tell me 10 Did I read that correctly, sir? 10 whether or not the L.I.A. was named as a defendant in 11 MR. SKALLERUD: Objection. 11 this civil conspiracy suit filed by a paint ' MR. SULLIVAN: Objection. 12 manufacturer m or around 1950 alleging a conspiracy Q Did I read that correctly, sir? 13 to control the sale or distribution of titanium 14 MR. SKALLERUD: For the record, you have 14 pigments? 15 left out the objections raised by counsel at that 15 MR SULLIVAN: objection. 16 deposition. 16 Q Do you know whether or not -- 17 MR. RICHARDSON: I am reading a section that 17 MR. SULLIVAN: Objection as to the 18 didn't have anything -- there was no objection to that 18 characterization of it and let's see some foundation. 19 last question at the deposition. 19 A Have you got anything in documents -- 20 MR. SKALLERUD: That is contrary to the copy 20 Q Do you have any independent knowledge of 21 I have. 21 that? Page 324 Page 325 1 A -- to refresh my knowledge? 1 A I think it did, yes. 2 I don't know what you are talking about. 2 Q Do you know which ones? 3 MR. SULLIVAN: I object to the 3 A I do not. 4 characterization and -- 4 Q Do you know whether or not they subscribed 5 MR. RICHARDSON: I asked him and he said he 5 to the New England Journal of Medicine? 6 doesn't know. 6 MR. SULLIVAN: Again, time frame, but if you 7 Q Did the L.I.A. belong to any other trade 7 can answer. 8 associations? 8 A From time to time I am aware that they did 9 MR SULLIVAN: Objection as to time frame. 9 receive the New England Journal of Medicine. 10 MR. RICHARDSON: 1928 to the 1970s. 10 Q In fact, you have testified to that effect, 11 A When you say any other -- 11haven't you, sir? 12 Q Well, it itself was a trade association. 12 A I don't know. 13 Did it belong to any other trade 13 Q Did the members of the L.I.A. pay dues? 14 associations or organizations? 14 A Yes. 15 A I would not know that. 15 Q And do you know how the dues were determined 16 Q Did the L.I.A. subscribe to any medical 16 for a particular member? 17 journals, to your knowledge? 17 MR. SULLIVAN: objection as to time frame. is MR. SULLIVAN: Again, just objection as to 18 A That would vary with the years. ' time frame. Are you talking '28 to 197 -- 19 Q Between the 1928 and the mid 1970s, how was Q Same time period, 1928 to the mid '70s, 20 dues determined? 21 sir. 21 MR. SULLIVAN: Objection, again. Page 320 - Page 325 Evans Reporting Service Multi-PageTM Page 326 Page 327 1 a Again, it varied over the years. 1 whether or not you are aware that the National Lead -- 2 Q Okay. In the beginning years, how was it 2 I am not trying to determine it, you already told me 3 determined? 3 you don't know that. 4 A Well, I don't have that right at hand. If 4 What I am trying to determine is whether or 5 you have a document that you can show me, I will look 5 not you would disagree with responses to discovery 6 at it. 6 requests from several defendants in which they 7 Q So you don't know off the top of your head, 7 indicate -- or through the form of letters in which 8 sir? 8 they indicate that they were members of the L.I.A. And 9 A No, I sure don't. 9 l am giving you specific years for each defendant, and 10 Q Okay. 10 I am asking you whether or not you have any knowledge 11 Sir, do you have any reason to disagree with 11 to disagree with that And the first one that I am 12 the statement that the national lead industries was a 12 giving you information about is national lead 13 member of the L.I.A. from 1928 to approximately 1982? 13 industries. 14 A I don't understand the question. 14 Do you have any reason to disagree that they 15 Q Have you seen anything in the documents that 15 were a member of the L.I.A. between 1928 and 1982? 16 you reviewed to indicate that the national lead 16 MR. SULLIVAN: objection. You have laid a 17 industries was not a member of the L.I.A. between 1928 17 lot of purported foundation in there. I think, if you 18 and 1982? 18 ask him about dates, he may have trouble giving them 19 MR. SULLIVAN: Objection. 19 to you, but if you are asking him if you have 20 A I still don't understand that question. 20 documents that show the dates, he can give you that. 21 Q What I am trying to determine, sir, is 21 Q I am interested in finding out if you have Page 328 Page 329 1 any reason to believe this not to be true? 1 A I would disagree. 2 MR. SULLIVAN: You have to show us what they 2 Q You would disagree with that? 3 submitted to confirm -- 3 A Yes. 4 MR. RICHARDSON: I am not asking about the 4 Q Okay. Do you disagree with the statement 5 documents. 5 that the St. Joseph Lead Company was a member of the 6 BY MR. RICHARDSON: 6 L.I.A. from 1928 and the present? 7 Q I am asking whether or not you are able to 7 MR. HIRSCH: objection. 8 say anything to disagree with that statement? 8 MR. s u l l iv a n : Objection. If you know the 9 MR. SULLIVAN: Well, I think he has to say 9 information, you can give it to him as to what the 10 disagree or agree. If he has knowledge one way or 10 membership of any of the purported defendants is. 11 another, he can do so. You are purporting these are 11 A St. Joe Lead was a member up until about 12 representations -- 12 1985. 13 MR. RICHARDSON: Mr. Sullivan, please. 13 Q All right. But you do not know one way or 14 MR. SULLIVAN: if you have representations 14 the other after that date? 15 given by them, we can say if we agree or disagree. 15 A I know they weren't. 16 BY MR. RICHARDSON: 16 Q You know that for a fact? 17 Q Do you agree or do you have any reason to 17 A Yes. 18 disagree with the statement that the National Lead 18 Q Do you agree or disagree with the statement 19 Industries was a member of the L.I.A. from 1928 to 19 that the International Smelting and Refining Company 20 1982? Simple question. 20 was a member of the L.I.A. from 1929 to 1971? 21 MR. SULLIVAN: Say one way or another. 21 MR. SULLIVAN: if you can agree or Page 330 Page 331 1 disagree. 1 MR. RICHARDSON: That is what I am asking. 2 A I would disagree. 2 MR. w h it e h e a d : I am going to object to the 3 Q Would you agree or disagree that the Glidden 3 question on Glidden for lack of foundation. 4 Company was a member of the L.I.A. between 1928 and 4 BY MR. RICHARDSON: 5 1960? 5 Q With respect to the defendant DuPont 6 MR. w h it e h e a d : Are you saying that is 6 Company, are you able to agree or disagree with the 7 continuously? 7 statement that they were a member of the L.I.A. 8 MR. RICHARDSON: I am sorry, yes. 8 between 1947 ana 1958 and, again, from 1963 to 1982? 9 MR. WHITEHEAD: Is it your assumption that 9 MR-HIRSCH: Objection. 10 is continuously? io A I am not able to agree or disagree, 11 MR. RICHARDSON: That is right. u Q Are you able to agree or disagree that the 12 MR. WHITEHEAD: You got that information 12 W.A. Fuller company was a member of the L.I.A. between 13 from - 13 1947 and 1957? 14 MR. SULLIVAN: Do you agree or disagree? 14 MR. SULLIVAN: Objection. W.P. Fuller is 15 A No. 15 not a defendant in the case. 16 MR. SULLIVAN: For ease, all of our records 16 Q You can still answer. 17 would have that information in it and we have produced 17 MR. SULLIVAN: If you know. 18 them to you. 18 A I do not know. 19 MR. RICHARDSON: They don't have them - 19 Q Do you know one way or the other whether or 20 MR. s u l l iv aN: We can only tell you what is 20 not the Sherwin-Williams Company was a member of the 21 in our records. 21 L.I.A. between 1928 and 1947? Evans Reporting Service Page 326 - Page 331 Multi-PageTM Page 332 Page 333 1 MR. SULUVAN: Objection. If you have 1 MR. Ric h a r d s o n : I appreciate your 2 information, you can tell him. 2 suggesting how I should ask questions, but I refuse to 3 A Sherwin-Williams was a member. 3 do so. 4 Q During those years? 4 MR. SULLIVAN: it might help us get along. A During those years, yes. 5 MR. RICHARDSON: It won't. Go ahead, sir. , Q Isn't it true, sir, that the L.I.A. was 6 MR. DAVID: Nothing works. 7 aware of a Baltimore City ordinance in 1961 which 7 A I believe that mere was a lead paint 8 restrict the use of lead paint for interior use in 8 ordinance in Baltimore in 1951. 9 residential buildings? 9 Q Was there -- do you also know whether - to MR. s u l l iv a n : Objection. If you have 10 MR. SULUVAN: Is mere more to me 11 knowledge, you can answer the question. 11 question? 12 A Would you state it again, please. 12 MR. RICHARDSON: To me question? 13 Q Was the L.I.A. aware of a Baltimore City 13 MR SULUVAN: More to me answer? Is that 14 ordinance in 1951 limiting the use of lead paint for 14 me end of your answer? 15 interior residential dwellings? is A I believe the Lead Industries Association 16 MR. SULLIVAN: Objection. I think you 16 supported me development of this. 17 should show him the ordinance so he can determine 17 Q Do you have any proof of mat, sir? 18 whether your characterization is accurate. 18 A Well, again, in going through me documents 19 MR. RICHARDSON: I am not- 19 mat we have seen, I have seen reference to mat. 20 MR. SULLIVAN: You just want to ask him if 20 Q Can you cite me one document mat supports 21 he has the knowledge? 21 what you just said? Page 334 Page 335 1 MR. SULLIVAN: if you happen to have a 1 for me purpose of participating in studies of me 2 specific memory, you can tell nim. 2 subject of childhood lead poisoning? 3 A I don't have a specific. 3 MR. s u l l iv a n : objection. Again, time 4 Q Are you aware, sir, in 1958 the City of 4 frame. 5 Baltimore enacted a Baltimore City ordinance which 5 MR. RICHARDSON: 1928 to me mid 1970s. 6 required a label on the use of residential paints 6 A I do not know mat. 7 where the lead content was 1 percent or more? 7 Q Okay. Do you know whether or not in me 8 MR. s u l l iv a n : Do you nave a specific 8 white lead promotional program conducted by me L.I.A. 9 knowledge? 9 whether at any time during mat program they promoted 10 I object and the objection is to the 10 their members' lead products as being nontoxic or 11 characterization of the act. 11 safe? A I do not have specific information on that. 12 MR SULUVAN: Objection. If you have a .. Q Okay. 13 specific memory. 14 Did the Lead Industries Association maintain 14 A I know of no such thing. 15 insurance coverage? 15 Q All right. 16 MR. s u l l iv a n : objection. 16 Do you know if me L.I.A. in any of its 17 A You would have to be more specific. 17 promotions of its members' lead products, including 18 Q Between 1928 and the mid 1970s. 18 their members' lead paint products, that they promoted 19 A I honestly don't know. 19 those products as being nontoxic or safe? 20 Q Do you know whether or not the Lead 20 MR. SULUVAN: Objection. 21 Industries Association worked with insurance companies 21 MR w h it e h e a d : I am going to object to me Page 336 Page 337 1 question. It contains an assumption that is not in 1 poisoning between 1928 and me mid 1970s? 2 evidence. 2 A I have no way of knowing. 3 Q You can answer, sir. 3 MR. SULLIVAN: Objection. 4 A I don't know of any such promotion. 4 Do you mean, did they have research done for 5 Q Isn't it true, sir, that white lead carbon 5 mem or did they go to me library? 6 was first produced in the United States in the early 6 Q That is right. 7 1800s? 7 Did they ever go to me public library to 8 MR. SULUVAN: Objection. 8 determine what medical and scientific literature was 9 A I have no way of knowing. 9 available between me 1928 and 1970s? 10 Q Isn't it true, sir, that in 1943 the L.I.A. 10 MR. s u l l iv a n : if you ever know of anybody 11 assisted in a publication of a manual for painting 11 going to me library. 12 farm buildings and equipment which promoted me use of 12 A No way of knowing who did mat. 13 white lead paint for interior and exterior residential 13 Q Was there anyone assigned to the task of 14 surfaces? 14 monitoring me medical and scientific literature 15 MR. s u l l iv a n : objection. If you know. 15 available regarding childhood lead poisoning? 16 A I have read of mat, yes. 16 MR. SULLIVAN: 1928 to - 17 Q Did me L.I.A. ever make use of me public 17 Q In L.I.A. mid 1928 and the mid 1970s? is libraries -- 18 MR s u l l iv a n : objection. If you know, you MR. SULLIVAN: objection. 19 can answer. > Q - with respect to their research of the 20 A I don't know. 21 medical and scientific literature on childhood lead 21 Q Did the L.I.A. ever fund any efforts to Page 332 - Page 337 Evans Reporting Service Multi-Page TM Page 338 1 remove the paint that was on the residential dwellings 2 in the inner cities? 3 MR. DAVID: I object to the question. It is 4 irrelevant. 5 MR. SULLIVAN: objection. 6 A I have no knowledge of that. 7 MR. RICHARDSON: just give me one moment. 8 (Whereupon, pause.) 9 BY MR. RICHARDSON: 10 Q Did there come a time, Mr. Smith, that the 11 L.I.A. believed that white lead should not be used in 12 paints for residential surfaces whether interior or 13 exterior? 14 MR. SULLIVAN: objection. 15 A I have no knowledge of that. 16 MR. RICHARDSON: Okay. 17 That is all of the questions that I have. 18 Anyone else have any questions? 19 MR. w h it e h e a d : I reserve my right to ask 20 questions of the witness. 21 MR. RICHARDSON: You want to keep the Page 339 deposition open? MR. w h it e h e a d : No, if I have more questions, I will request the attendance of the witness. MR. RICHARDSON: Anybody else? MR. DAVID: well, I have a couple of hours, but I think I will probably put them off until another day. I am just kidding. No questions. MR. RICHARDSON: Thank you very much, sir, for coming down from New York. Will he read and sign or will he waive? MR. SULLIVAN: No, we will read and sign. THE VIDEOGRAPHER: The deposition of Jerome Smith is concluded. The time is approximately 5:33. (Thereupon, at 5:33 p.m., the videotaped deposition was concluded.) State of Mainland Page 340 INDEX Deposition of Jerome P. Smith City of Baltimore March 26, 1996 I, Bonnie L. Gahagan, a Notary Public of the EXAMINATION BY: PAGE State of Maryland, City of Baltimore, do hereby Mr. Richardson certify that the within-named witness personally Smith appeared before me at the time and place herein set EXHIBITS DESCRIPTION PAGE out, and after having been first duly sworn by me, 1 Notice of Videotape Deposition according to law, was examined by counsel. 2 Constitution and By-laws, 11-14-28 I further certify that the examination was 3 Directors Meeting of 5-29-29 recorded stenographically by me and this transcript is 10 4 Directors Meeting of 9-11-29 a true record of the proceedings. II 5 Directors Meeting of 10-1-30 I further certify that I am not of counsel 12 6 Directors Meeting of 9-30-31 to any of the parties, nor an employee of counsel, nor 13 7 1-3-32 letter from F. Wormser related to any of the parties, nor in any way 14 8 9-28-32 letter to members of L.I.A. interested in the outcome of the action. IS 9 Directors Meeting of 9-28-32 As witness my hand and seal this 27th day of 16 10 Directors Meeting of 6-15-33 March, 1996. 17 11 Annual Meeting minutes of 6-13-35 Bonnie L. Gahagan 18 ,,12 ,, Board of Directors Meeting of 10-1 -35 19 13 ^Secretary and Treasurers reports of My Commission Expires 10-01-96 20 14 Board of Directors Meeting of 6*29*3? 21 Page 341 13 25 35 41 44 52 58 62 68 80 86 97 103 104 INDEX (CONTINUED) Smith EXHIBITS DESCRIPTION PAGE 2*20*30 letter to Members of L.I.A. 112 Annual Meeting of members of 5-16*39 120 2* 15-40 letter to Mr. Wormser 137 Board of Directors Meeting of 1*7*41 141 1-19-44 letter to Dr. Kehoe 143 .3'7*44 letter from Dr. Kehoe to Mr. Wormser 147 7-25-44 letter to Dr. Kelioe 150 1-29*45 letter to Schaefer 152 Executive Committee Meeting of 12-28*45154 Executive Committee Meeting of 4*2*48 165 12-1-50 letter to members of L.I.A. 168 ,L.IA. letter from Manfred Bowditch of January 1952 186 4*9*52 letter to members of L.I.A. 190 Board of Directors Meeting of 4*10*53 195 3*27*53 letter to members of L.I.A. 200 4*12*54 letter to members of L.I.A. 207 American Standards Specifications approved 2-16*55 Page 342 INDEX (CONTINUED) Smith EXHIBITS DESCRIPTION PAGE 33 Letter to members of LLA. 224 34 Board of Directors Meeting of 12-5-55 230 35 Quarterly Report dated 4-2*56 234 36 4-13*56 letter to members of L.LA. 236 37 Report of Health and Safety Division 243 38 Quarterly Report dated 4*1*57 251 39 8-6*57 letter to members of L.LA. 255 40 Quarterly Report dated 10*1*57 269 41 Quarterly Report dated 4*2*58 272 42 Report of Health and Safety Division 278 43 Precautionary Labeling of Lead Products282 44 Quarterly Report dated 1-14*59 286 45 4*1*60 letter to members of L.I.A. 288 46 Quarterly Report dated 4*4*60 297 47 3-16*60 letter to Board of Directors 304 48 American !|Uindards Specification 307 49 Conference on Lead Poisoning in Ciuldrcn 315 Page 343 Evans Reporting Service Page 338 - Page 343 $10,000 [ij 100:6 $6,000 (1) 100:6 $62,500 [i] 158:9 '28 [3] 172:17 174:10 324:19 '29(1] 39:5 '3[i] 227:16 '39 m 122:13 '40s [ij 170:21 49(1] 173:2 '5[i] 134:1 *53[i] 190:3 '54(11 190:3 '55(2) 190:3 309:14 '6(i) 19:5 '60s [ij 96:13 *61 (2) 18:5 19:7 '64[i] 309:14 '65 [4] 18:5 19:8 19:10 19:11 *66(3] 18:6 19:5 19:11 '67(1) 19:15 '69(i] 19:4 70s pi 8:5 31:18 96:13 172:4 324:20 '76(3] 20:7 21:14 21:15 *79(2] 20:19 22:10 '80[i) 172:17 '80s[i] 172:5 '89(1] 319:8 '90s (ij 172:5 '91 m 18:5 'S(ll) 59:15 65:1 66:5 66:9 116:3 172:13 189:21 227:3 259:5 292:5 307:1 00034 [ij 46:2 02110[i] 2:6 0294(1)91:18 07[ij 272:11 09[i] 1:13 1 [16] 46:4 151:9 220:7 244:9 334:7 13:5 13:8 97:18 114:19 191:4 218:19 233:8 240:20 284:12 309:9 341:7 l-14-59m 343:14 l-19-44[i] 342:7 1-29-45(1] 342:11 l-3-32[i) 341:13 1-7-41 [11 342:6 10(71 31:10 80:11 81:4 145:1 195:21 318:2 341:16 10-01-96[ij 340:20 10-l-30[i] 341:11 10-l-35[i] 341:18 10-l-57m 343:10 1 00 [6] 2:6 84:4 84:14 85:12 220:12 220:12 10017 [l] 11:14 10022-4690 [i] 2:10 103 [2] 80:17 341:19 104 [2] 83:11 341:20 10784[i] 168:15 10786 [2] 176:8 168:20 10886 [2] 187:12 187:1 10890 [i] 188:17 1095 [i] 143:18 1096 [I] 145:8 10966 [l] 255:18 10973 [l] 267:12 1099 [l] 147:14 10th [ij 197:14 11 [5] 11:17 86:18 111:19 134:19 341:17 11-14-28 [ii 341:8 11085(1] 282:19 1109 [] 150:12 112 [l] 342:3 1120 [i] 3:12 1130 [ij 153:14 11590[ii 11:18 117[i] 3:6 llth[2] 41:10 45:10 12(10] 97:13 97:16 111:19 134:15 134:20 135:1 266:16 267:5 267:14 341:18 12-1-50(1] 342:14 12-28-45(1] 342:12 12-5-55(1] 343:4 120(1] 342:4 12270(1] 206:16 1254 [i] 214:1 1257 [l] 214:10 12th [2] 207:9 225:1 13(4] 103:11 210:11 341:7 341:19 137(1] 342:5 13th [2] 87:3 237:5 14(5] 104:15 104:18 322:1 323:5 341:20 141(1] 342:6 143(1] 342:7 1450 [i] 3:3 147(1] 342:9 14th [2] 26:21 286:13 15(5] 84:6 108:2 108:5 160:15 243:6 150(2] 175:4 342:10 152(1] 342:11 154(2] 97:19 342:12 157(3] 98:2 98:9 98:15 15th [31 80:16 137:9 278:21 Multi-Page TM 16(6} 112:16 112:19 122:13 213:19 235:3 342:3 165[i] 342:13 168(1] 342:14 16th [3] 120:18 279:1 304:9 17(8] 120:12 120:15 121:11 128:11 128:12 198:5 323:5 342:4 18(3] 137:4 137:7 342:5 1800s [i] 336:7 186(1] 342:15 189(1] 104:21 19 [S] 141:4 141:7 266:16 267:4 342:6 190(1] 342:16 1920(1] 96:1 1920s [2] 96:2 317:2 1922(1] 115:13 1928(27] 24:14 25:2 25:13 25:17 26:21 31:17 38:7 177:18 177:19 178:5 259:1 324:10 324:20 325:19 326:13 326:17 327:15 328:19 329:6 330:4 331:21 334:18 335:5 337:1 337:9 337:16 337:17 1929(1X1 37:9 39:12 41:10 41:14 42:3 42:8 329:20 35:20 40:7 41:18 74:8 1930 [4] 45:10 46:19 49:8 51:21 1930s [7] 48:8 48:17 74:19 75:6 103:4 204:4 317:3 1931[6]52:8 53:10 55:8 281:10 53:4 56:10 1932(7]58:19 62:13 63:4 63:21 69:1 74:5 76:3 1933[3J80:16 84:6 170:13 1934 [S] 11:20 27:1 134:1 134:5 134:5 1935 [8] 87:3 92:4 97:18 98:7 101:21 102:4 102:12 203:20 1936(3] 102:18 103:16 103:20 1937(1] 104:20 1938(5] 108:7 108:19 108:20 110:11 122:12 1939(71112:7 113:1 120:18 122:13 122:14 124:19 132:6 194[i] 105:8 1940(21 137:10 139:21 1941 [l] 141:9 1943 [l] 336:10 19433m 289:5 1944(6] 143:17 146:5 147:12 148:11 150:10 265:6 1945(5] 153:10 155:6 155:17 156:3 163:15 1947(3] 331:8 331:13 331:21 1948 [i] 165:7 195(1] 342:17 1950[7]95:21 112:7 168:14 176:12 177:7 248:13 323:12 1951 [2] 332:14 333:8 1952(8] 186:20 189:10 190:15 192:8 193:18 204:16 227:16 342:15 1953 [6] 195:21 197:15 200:17 201:5 202:18 205:18 1954 [l] 207:10 1955 [i2] 213:19 217:16 221:14 223:6 224:4 225:2 230:5 230:17 238:13 308:9 308:12 309:4 1956(4)234:15 237:5 243:15 245:11 1957 [12] 252:1 253:16 254:1 255:17 256:4 256:16 257:11 268:12 268:14 269:18 274:8 331:13 1958 [6] 272:18 276:7 279:1 288:7 331:8 334:4 1959 [6] 227:19 286:13 291:19 292:4 293:7 293:8 1960 (ioj 171:19 289:5 298:5 299:7 301:5 302:1 304:10 304:11 305:21 330:5 1960s [ij 95:21 1961(3)17:8 24:3 332:7 1963 [l] 331:8 1964(11] 307:21 309:4 310:17 311:1 311:21 312:18 313:17 313:21 314:3 315:7 315:10 1966(1121:10 1969(3] 316:1 316:10 316:19 197(1] 324:19 1970(2) 19:2 95:21 1970s [i2] 33:13 96:12 169:15 177:19 178:5 324:10 325:19 334:18 335:5 337:1 337:9 337:17 1971 [i] 329:20 1976 [2] 20:15 21:17 1979(1] 22:9 $10,000-21700 1980(3) 38:8 174:10 177:18 1982(5] 326:13 326:18 327:15 328:20 331:8 1985 [1)329:12 1987(2)22:12 23:8 1989(5)9:20 175:4 175:6 175:14 317:21 1996(3)1:12 340:17 341:2 19th [7] 2:20 103:16 143:16 175:4 317:21 1st (5) 98:7 252:1 269:18 27:1 148:2 168:14 289:4 2(30] 25:11 26:5 26:15 26:19 27:3 39:7 39:19 41:13 41:21 46:16 138:12 138:14 149:2 157:8 157:14 166:10 191:4 198:5 212:12 212:13 235:3 244:9 270:5 273:11 287:6 298:18 299:5 306:12 309:19 341:8 2-15-40(1] 342:5 2-16-55[i) 342:21 2-19-36[i] 341:19 2-20-30 [i] 342:3 2-7-44[i] 342:8 20(5] 143:11 143:14 235:17 279:13 342:7 20,000 [i] 160:9 200[i) 342:18 20005-2088(1) 3:4 20036-3437(1) 3:13 203(1] 108:9 20442(1] 205 (ij 109:6 20579 m 87:10 207[i] 342:19 20907 m 20th [ij 113:1 21 [5] 147:7 265:8 265:10 210(1] 2:12 211(2) 318:1 212(3] 318:2 323:1 21201 [i] 21202(4] 2:3 2:20 21204 [ij 21234 [ij 213(1] 342:21 21409 m 21410[i] 21478 [i] 21696(i] 21700 [i] 137:14 87:4 316:2 147:10 342:8 318:2 321:21 3:10 1:15 3:7 2:13 1:20 252:2 252:14 269:19 103:18 103:14 Evans Reporting Service Index Page 1 21802 - Adam 21802 m 62:14 22 [8] 150:5 150:8 265:10 265:12 266:8 266:11 266:14 342:10 ^lllpj 190:16 2114 m 191:2 222(1] 2:16 22233 m 272:20 22241 [i] 279:2 22243 [i] 22349 m 279:19 286:14 224[i] 343:3 22586[ii 298:6 22717 m 200:19 22719 m 202:14 22720 m 202:13 22798 m 207:11 22803 pi 208:4 207:19 22880 [i] 225:3 22887[u 22960 m 22965 [ii 225:15 234:17 237:6 22968 m 22972[i] 238:5 238:15 22991 [ii 243:16 244:6 23 [6] 152:9 152:18 153:7 318:4 322:1 342:11 30m 343:4 J4[ij 343:5 236[i] 343:6 24(7] 154:21 155:3 157:21 158:1 282:12 323:7 342:12 2422 m 1:20 243[i] 343:7 24th [i] 256:4 24th-25th [i] 243:15 25 [4] 165:2 165:5 341:8 342:13 25U45 pi 308:1 25047(1] 310:6 25049 [i] 309:9 251 [2] 141:10 343:8 252 [i] 141:18 255[i] 343:9 25th rn 150:10 256:4 289:7 316:1 26(5) 1:12 168:8 168:11 341:2 342:14 269 [i] 343:10 26th [ij 271:13 27(4] 17:10 186:19 342:15 2710(2] 155:8 712(2] 157:18 186:13 157:18 158:3 -714[i] 157:18 2716[i 157:18 272 m 343:11 2727 m 159:15 2728(1] 161:20 2770[i] 165:8 2775 rn 165:15 278 m 343:12 27th p] 200:16 340:16 28(5] 76:3 190:9 190:12 235:17 342:16 282 [i] 343:13 286 [i] 343:14 288[i] 343:15 28th [5] 62:13 69:1 155:5 156:3 243:14 29 m 76:2 176:11 195:15 195:19 342:17 291 [i] 22:6 292 [3j 17:19 22:7 22:8 295 [ii 11:13 297 [11 343:16 29th [5] 35:20 104:20 153:10 256:2 307:21 2nd [3] 165:7 234:15 272:18 3 [18] 35:18 46:16 140:8 158:3 244:10 1AI *Q 28:11 39:9 47:12 157:10 191:4 290:1 35:15 39:20 138:8 157:12 243:6 290:4 j-16-60 [l] 343:17 3-27-53 [i] 342:18 3.5 [i] 292:6 30(6] 134:15 200:11 200:14 210:12 212:17 342:18 30,000 [4] 102:17 103:4 103:21 104:12 300 p) 1:14 2:3 2:19 304[i] 343:17 307 m 343:19 3070[i] 285:12 3 0th (2j 52:8 278:20 31 (3) 207:4 207:7 342:19 315[i] 343:20 32p] 213:11 213:14 342:20 33(5] 224:17 224:20 339:15 339:16 343:3 34 m 230:11 230:14 231:2 231:3 343:4 35(4] 234:10 234:13 341:9 343:5 36(4] 134:19 236:20 237:2 343:6 37(6] 11:16 134:20 135:1 243:8 243:11 343:7 38 pi 251:17 251:20 343:8 39 m 81:4 255:12 Multi-PageTM 255:15 343:9 399 [lj 2:9 3rd [4] 58:19 108:7 108:18 108:20 4 [IS] 27:6 41:4 41:7 116:20 191:5 191:8 203:1 203:9 272:11 279:13 282:12 290:1 292:14 305:7 341:10 4-1-57 [i] 343:8 4-l-60[i] 343:15 4-10-53m 342:17 4-12-54m 342:19 4-13-56 [i] 343:6 4-2-48 [i] 342:13 4-2-56[i] 343:5 4-2-58m 343:11 4-29-64[ij 343:19 4-4-60 [i] 343:16 4-9-52m 342:16 40(6] 34:2 210:12 212:17 269:13 269:16 343:10 401(i] 3:9 41 [4] 272:13 272:16 341:10 343:11 410m 1:21 42 m 278:13 278:16 343:12 43(3] 282:7 282:15 343:13 44 m 286:8 286:11 341:11 343:14 45p] 288:20 289:2 343:15 452 m 59:1 46(3] 297:21 298:3 343:16 47 m 52:9 304:2 304:5 343:17 48(3] 307:13 307:16 343:18 49p) 315:14 315:17 343:20 4th [i] 298:5 5[io) 45:1 54:3 98:3 98:15 162:2 168:21 182:18 339:15 339:16 341:11 5-16-39 [l] 342:4 5-29-29 [i] 341:9 50(2] 47:16 54:2 50,000 [i] 238:9 500 pi 204:14 205:12 206:11 502 m 195:21 503 (ij 196:19 51[i| 56:5 511 (2) 197:8 197:10 52(2] 305:7 341:12 547 pi 230:18 55(2] 274:9 274:13 551(1] 231:11 55402[i] 2:17 58 [i] 341:13 59(5] 63:4 63:21 65:15 78:18 82:4 5th [1] 230:16 6(6] 28:11 52:3 56:5 117:13 209:8 341:12 6-13-35m 341:17 6-15-33m 341:16 6-29-37[i) 341:20 607 [i] 281:10 62 pi 341:14 63 pi 60:20 68(i] 341:15 682[i] 304:18 683 [i] 120:19 6th [5j 66:16 67:4 197:15 255:17 304:11 7(3] 11:20 58:14 341:13 7-25-44(1] 342:1C 70,000[i] 291:7 7th pi 141:9 147:12 8(8] 62:6 67:19 204:14 238:6 287:6 299:5 341:4 341:14 8-6-57 (u 343:9 80p] 85:4 341:14 82(2] 69:2 91:10 86(2] 78:13 341:1' 87(2, 78:16 127:1 < 882-0208[ii 1:21 9(9] 1:13 68:18 82:2 127:13 129:8 341:15 34:2 127:1( 252:1? 9-11-29(1) 341:10 9-28-32(2] 341:15 341:14 9-30-31(11 341:12 9004(1] 113:4 92(3) 243:21 244:1 244:16 94363042/m 1:3 94363042/CL190487 [i] 4:5 94363043/[i) 1:6 97[i] 341:18 9th [ij 190:15 A-3[i] 41:9 A-u-b[i] 42:1 a.m[2) 1:13 134:19 ability [4] 129:17 193:4 200:5 200:7 able [55] 10:8 59:16 59:17 70:4 91:5 92:2 92:2 95:4 101:14 110:7 118:13 128:15 142:11 146:17 148:21 149:16 153:20 158:16 159:8 160:12 160:19 161:14 162:15 162:20 163:10 176:9 189:1 189:8 191:6 191:19 194:18 198:18 199:5 205:7 206:9 223:5 226:15 244:15 249:6 253:6 257:10 268:8 270:10 270:19 273:21 284:3 284:18 285:1 293:3 294:14 309:3 328:7 331:6 331:10 331:11 Above [2j 148:17 148:15 above-captioned m 1:12 Abraham [i] 12:5 absolutely [9] 23:7 82:2 99:6 193:16 243:1 250:7 276:1 295:17 305:3 absorption [i] 171:20 absurd [2] 251:14 221:11 Academy [4] 213:18 241:13 249:12 307:20 acceptance [ij 229:14 accepted [4] 226:10 229:10 306:17 307:5 accommodate m 106:17 accomplished m 170:13 according pj 33:2 340:8 accumulate [i] 92:21 accumulated (2) 191:11 322:7 accumulates m 320:10 accumulating m 321:18 accumulation m 93:2 322:4 accuracy [ij 235:5 accurate [] 6:13 7:2 7:8 77:10 264:21 332:18 accurately [3] 10:9 125:12 248:16 accustomed pi 81:15 acquaint [ij 117:16 acquainting [i] 117:21 acronym [ij 35:7 act [3] 133:18 167:15 334:11 acted [i] 134:3 action [ij 340:15 actions [i] 125:18 activities [2] 158:14 221:1 activity [ij 158:6 actual (3) 13:9 95:18 297:17 Adam (2) 5:5 3:11 ndex Page 2 Evans Reporting Service add [3] 24:11 120:5 158:12 added [3j 295:5 309:6 309:15 addition [3] 192:17 254:20 255:1 additional [2] 67:8 306:8 addiesscio] 11:12 11:13 11:15 11:16 14:1 22:2 120:7 132:16 163:18 179:6 addressed [4] 8:2 8:11 76:7 242:4 addressing [i] 280:14 adjourn [i] 111:10 admissibility [i] 250:14 admission [ij 250:5 adopt 2} 288:2 287:13 adopted [6] 57:7 57:21 226:6 238:19 239:2 239:11 adSi] 291:10 adults i] 210:13 advanced [i] 12:19 adverse i2j 79:17 80:1 125:2 125:4 126:19 132:5 133:8 182:21 185:14 208:10 210:11 225:21 advertising [6] 19:15 19:18 19:20 20:6 290:5 292:5 advisability 2] 105:11 107:11 advise [i] 66:20 advised i] 110:16 affairs pi 23:18 affectsp) 51:1 affirmatively ptj 264:16 265:1 afternoon [S] 7:19 8:12 69:10 134:20 136:16 again 49) 10:19 31:1 32:6 77:11 87:6 87:7 93:13 95:19 103:19 109:18 114:13 117:9 118:3 129:21 140:7 161:20 167:12 172:16 173:9 174:9 182:5 195:13 198:7 199:3 200:6 201:7 208:3 210:3 223:20 224:8 228:17 239:4 253:9 254:3 265:12 274:21 276:13 303:14 303:16 308:21 309:19 324:18 325:6 325:21 326:1 331:8 332:12 333:18 335:3 against [2j 123:20 9:12 agencies [4] 301:1 301:6 306:18 307:5 agency pi 301:15 19:19 ago 6] 16:6 16:7 42:15 125:17 126:17 297:1 agree 28] 48:7 51:4 62:20 80:1 80:7 80:8 97:21 140:21 167:3 170:11 211:2 276:6 277:21 280:17 280:19 281:3 285:19 300:21 328:10 328:15 328:17 329:18 329:21 330:3 330:14 331:6 331:10 331:11 agreed pi 166:3 agreement 3] 119:12 165:21 167:1 agrees m 48:10 ahead 6] 66:13 84:18 93:8 104:8 192:4 333:5 ailment i] 43:12 aimed pj 194:3 air p] 232:13 297:3 al pi 4:3 4:4 alarming jtj 67:8 albeit pi 320:12 alive fij 280:2 alleged 6) 175:16 177:5 204:21 205:12 212:5 267:4 allegedly pi 270:8 271:1 alleging [i) 323:12 Allen pi 4:3 1:6 allow 2] 235:20 172:6 allowable [4] 231:13 232:10 299:13 299:17 allowed pi 250:11 250:1 allowing p] 241:1 almost i] 283:12 alone ij 300:1 along i2] 90:12 91:15 110:20 158:6 192:9 277:1 303:15 333:4 88:19 108:16 190:5 278:1 alternate [i] 311:6 alternates 2] 214:12 217:14 ALVIN [i] 1:2 always [4j 123:1 123:18 161:10 179:6 ambiguous 3] 60:16 119:6 232:20 American [49j 57:1 138:21 166:2 166:13 196:16 196:20 203:14 209:9 213:18 214:9 222:11 223:6 37:15 157:1 167:17 203:11 213:15 221:15 224:5 Multi-PageTM 226:2 231:12 240:9 240:19 241:12 241:13 242:15 245:21 246:1 246:5 246:15 247:13 247:21 248:21 249:12 249:16 251:8 251:13 252:20 259:14 271:15 296:1 299:11 300:7 300:21 307:17 307:20 317:14 342:20 343:18 among [7] 79:2 110:3 110:12 110:16 226:11 267:7 274:8 amongst p] 71:4 amount p] 98:17 159:9 160:15 172:3 220:9 297:3 320:6 320:12 amounts 9] 117:4 162:6 163:2 163:13 257:12 258:13 259:5 260:5 260:18 analyzed p) 284:1 analyzing pi 171:16 Andrews pi 2:19 Angelos pi 2:2 1:14 annual 9] 57:1 87:2 120:16 237:3 243:14 256:2 278:21 341:17 342:4 ANSI pi 249:13 189:21 answer [99] 11:5 14:10 16:4 25:15 29:21 30:12 31:7 33:14 34:6 44:3 44:7 44:15 49:1 50:8 51:9 56:16 57:13 58:7 60:19 65:4 66:13 74:16 80:4 80:5 91:5 92:17 93:15 101:19 104:10 116:18 117:11 119:16 119:21 120:1 131:8 131:10 148:7 159:1 167:11 173:14 175:7 175:9 175:10 175:10 175:11 175:20 175:21 176:2 178:10 180:1 180:9 180:17 191:6 192:5 193:21 200:3 200:3 205:6 205:7 222:7 222:8 222:9 224:11 225:7 228:9 228:11 232:3 242:2 246:4 246:13 247:9 249:9 257:20 260:12 261:4 261:6 261:9 269:8 274:20 280:15 281:14 281:16 286:2 303:9 320:2 320:16 320:19 321:2 321:4 321:6 322:5 323:2 325:7 331:16 332:11 333:13 333:14 336:3 337:19 answered pi] 32:2 42:6 180:3 180:5 206:15 210:8 17:15 61:20 180:6 251:2 278:10 answering [5] 10:18 18:11 19:7 30:2 30:14 answers p] 10:6 anticipated 3] 238:21 239:2 239:9 antiquity pj 245:12 anyone's [i] 11:3 anyplace p] 25:6 apologize [3] 121:13 144:6 233:5 appear pj 151:14 244:9 275:12 APPEARANCES pj 2:1 3:1 appeared pj 210:12 340:6 applicable p] 5:14 6:20 240:1 application pj 319:10 applications [6] 23:4 226:20 297:9 297:11 320:4 320:11 apply p] 226:20 60:8 applying [ij 220:8 appreciate [6] 61:12 113:21 193:7 244:17 318:5 333:1 approach p] 191:15 appropriate [3] 158:9 158:18 159:9 appropriations pj 100:7 approval p] 310:9 approved 4] 307:21 310:8 342:21 343:19 April [2ij 165:7 190:15 195:20 197:14 197:14 207:9 225:1 234:15 237:5 243:15 252:1 255:17 256:3 272:18 278:21 289:4 298:5 299:7 302:1 304:11 307:21 apt [i] 67:3 area p] 101:8 arena pj 293:11 arguing [2] 321:17 43:21 argument p] 83:5 argumentative [S] 43:19 57:11 101:5 195:3 206:13 arises [2] 107:15 105:15 Arnold pj 2:9 Arrange pi 78:8 arrived [ij 268:11 article [6] 27:6 28:11 178:14 210:21 265:15 289:6 articles pj 93:3 95:15 95:16 95:18 add - assume 96:3 96:15 218:14 ASA [25] 189:21 194:2 194:7 204:8 209:16 222:14 226:6 227:11 227:13 227:14 229:8 229:18 232:8 233:7 233:10 241:5 243:4 284:10 288:9 299:16 300:12 301:6 301:12 310:7 312:19 ascertaining p] 123:20 asks [2] 76:13 125:12 assigned p i 337:13 assistance [i] 168:4 assistant [i] 158:12 assisted [i] ASSOC 2] 1:7 336:11 1:4 associate p] 28:14 associated 2] 77:15 255:20 association 120] 2:7 4:4 4:13 6:14 21:5 22:20 23:19 24:5 24:9 24:13 24:15 24:20 25:1 25:3 25:5 25:13 25:16 26:21 28:16 31:17 35:8 40:10 42:16 51:14 56:17 59:4 62:13 83:3 87:3 91:21 100:10 102:5 105:11 105:14 107:11 107:14 112:1 113:3 119:10 120:7 120:17 123:13 123:18 133:18 137:11 139:3 139:4 139:7 139:18 140:9 147:12 154:4 156:2 160:14 161:10 164:13 166:3 166:14 167:2 167:15 167:18 170:6 189:13 190:15 192:6 192:13 193:5 200:16 203:9 203:11 203:15 204:11 208:19 209:2 209:3 209:9 209:10 209:10 209:20 209:20 214:9 216:13 221:16 222:12 223:7 224:5 224:5 231:12 240:10 240:19 242:14 242:16 246:1 246:2 246:5 246:15 246:16 248:21 249:1 249:8 249:16 249:17 251:9 251:13 271:16 271:20 277:1 278:2 278:20 296:1 296:2 296:3 299:12 311:13 311:21 312:10 324:12 333:15 334:14 334:21 Association's [3] 158:13 166:5 226:2 associations [4] 209:15 251:8 324:8 324:14 assume [2] 281:21 280:5 Evans Reporting Service Index Page 3 assumed - campaign assumed [2] 11:6 70:3 226:11 229:11 246:18 274:7 287:11 295:20 assumes [3] 258:16 authority pj 129:17 260:9 263:15 131:16 'ssumption [2] 330:9 36:1 Atlantic{2] 2:10 5:8 atmosphere [3] 231:14 232:10 232:13 authorized [i] available po] 28:5 69:11 113:16 154:11 185:3 337:9 158:11 278:7 27:15 72:11 154:17 337:15 atmospheric p] 239:6 Avenue pj 2:9 2:12 11:13 atomic p] 171:20 attached pj 137:11 137:21 255:18 289:6 304:9 304:10 304:13 Averill pi 314:7 314:10 avoid p] 67:6 80:1 161:15 attack pj 118:11 118:14 166:4 166:15 166:18 167:3 226:12 attacking p] 300:19 attacks pi 123:19 117:16 attained p] 211:11 attempt [4] 50:16 92:20 177:5 263:19 attemptedpi 211:18 229:7 attempting p] 192:18 attempts pj 191:20 193:10 attend p] 53:7 53:13 156:8 'ttendance pj 5:11 39:3 attended p] 56:21 272:3 316:9 attendees pi 52:16 attending pi 52:18 attention pj 94:3 94:7 312:21 91:20 98:18 attest pi 107:1 attitude [t] 43:12 attorney pj 4:13 61:17 70:8 attorney-client pj 16:13 attorneys [4| 29:15 30:9 30:16 135:11 avoided [i] 161:12 avoiding pj 185:14 aware noi 30:8 31:3 39:13 40:7 40:10 40:16 40:19 42:17 43:4 47:5 47:5 49:7 49:18 50:4 56:10 56:17 66:9 93:2 96:15 97:2 111:21 119:10 129:16 133:17 135:14 139:20 140:4 146:4 147:3 164:14 164:17 227:20 228:2 230:9 253:18 254:2 254:18 256:15 257:11 257:21 258:2 258:12 260:4 260:17 262:6 262:9 262:12 262:18 263:8 264:1 264:2 264:4 268:15 269:1 269:11 276:7 288:7 288:10 300:2 316:19 317:2 318:20 323:9 325:8 327:1 332:7 332:13 334:4 awareness [i] 259:5 away pj 125:5 285:17 awkward [ij 91:4 B-y-r-a-n [ij 315:19 Bachelor pj 12:14 12:17 background p] 119:7 bad [2] 138:9 178:21 Ballard [i] 2:19 Aubpo]42:l 42:13 43:4 74:5 74:11 74:18 75:2 77:7 77:14 78:3 78:8 110:16 110:19 111:3 124:16 170:15 182:9 205:16 303:12 303:15 Aub'spj 74:21 42:18 Australia p] 315:20 316:19 316:20 Australian pi 267:8 ithorpj 271:5 authoritative pj 306:17 307:4 luthorities [10] 64:9 110:2 162:3 208:17 Baltimore [44] 1:1 1:14 2:3 2:20 3:10 63:5 64:9 64:12 66:21 67:6 82:5 110:2 172:20 176:11 194:17 227:14 253:2 254:7 275:1 275:3 280:8 280:13 287:12 288:2 332:7 332:13 334:5 334:5 340:4 banning pi Barborkapj 1:1 1:20 3:7 64:1 65:2 78:19 127:21 180:3 227:17 274:9 280:3 281:11 288:8 333:8 340:2 230:7 142:8 ndex Page 4 Multi-Page1 barium pi basepj 78:2 based [6] 48:14 145:10 195:16 284:13 309:6 8:4 174:8 basic p] 226:9 229:9 basis [4] 104:6 106:2 195:2 270:20 Bates rs3i 36:6 45:15 45:19 52:9 62:13 69:2 80:17 87:4 87:5 87:8 97:19 103:17 104:21 108:8 109:4 113:3 120:18 137:13 141:9 143:17 147:13 150:11 153:13 155:7 165:8 168:15 186:21 187:10 190:16 195:21 200:18 207:10 213:21 214:2 225:2 230:17 234:16 237:6 243:16 244:12 252:2 255:18 269:19 272:19 279:1 279:18 282:18 286:14 289:5 298:6 304:17 308:1 316:2 battery PI 66:20 67:1 79:14 82:6 128:1 129:9 172:21 battery-powered [ij 23:2 Bauer p) 4:15 2:13 bearpj 281:1 became pj 19:15 20:16 21:17 23:9 296:21 18:6 21:10 133:16 become pj 56:18 81:15 becomes pi 280:21 began pj begin pj 72:1 34:8 250:14 307:2 17:6 beginning [9] 78:17 137:14 170:3 318:2 323:7 326:2 begins pj 114:18 145:9 175:5 270:5 12:3 169:14 321:21 71:21 159:16 285:14 behalf [34] 2:4 2:7 2:10 2:13 2:17 2:21 3:4 3:7 3:10 3:13 4:14 4:16 4:18 4:20 5:1 5:3 5:5 5:7 14:3 14:4 32:7 48:12 48:13 114:17 136:9 166:16 173:4 176:3 221:3 221:6 310:11 311:7 312:9 313:4 belief [2] 307:1 belong pj 324:13 145:9 324:7 below pj 285:15 216:7 bench p] 219:14 beneficial [4] 110:5 110:8 110:10 162:7 Benjamin p] 218:5 314:13 best [4] 131:5 192:19 275:4 277:3 better [io] 47:17 105:13 107:14 124:8 132:3 134:9 144:10 158:7 158:19 159:10 between p2] 28:12 33:12 166:1 167:1 167:16 168:2 178:5 182:13 249:14 317:12 318:13 323:2 325:19 326:17 327:15 330:4 331:8 331:12 331:21 334:18 337:1 337:9 beyond pj 28:19 93:14 148:15 148:17 152:21 153:3 167:19 194:8 221:8 bigp] 115:12 182:13 bill [7j 253:3 253:7 253:16 253:20 254:3 254:8 254:20 billion p] 172:3 biological pj 171:3 birth pj 11:19 bit pj 171:21 310 21 bits pj 115:18 321 13 black [i] 215 21 blood [g] 171 1 171:9 171:13 171 17 172:2 172:7 192 20 200:8 Bluffs [ij 12:6 Board poj 6:16 24:1 25:17 36:12 36:13 36:17 39:1 42:2 52:20 53:3 53:7 53:14 53:16 97:17 104:19 108:6 108:18 141:8 154:7 154:18 195:19 230:15 304:7 304:10 341:18 341:20 342:6 342:17 343:4 343:17 bodies p] 167:1 body pj 200:8 221:16 222:12 bonep) 267:13 Bonnie [S] 1:15 4:6 236:18 340:3 340:19 book pi] 54:4 54:6 54:10 54:14 201:14 201:16 201:18 201:20 202:3 202:4 202:16 booklet [i] 192:14 books [3j 27:15 28:1 28:4 bootstrap p] 199:13 bora p] 11:20 118:5 borne p] 275:7 Boston [4] 2:6 42:13 56:6 275:2 bottom [i2] 120:19 122:3 138:5 145:8 170:8 196:19 266:15 267:13 36:7 127:16 151:9 231:14 Bowditch[i6] 164:5 164:7 168:12 186:20 205:21 215:17 216:7 226:1 228:21 243:13 245:10 278:18 278:18 278:18 279:21 342:15 boxes p] 67:1 79:14 82:6 bragp] 297:2 brain pj280:21 brainchild p] 241:7 brass pi57:4 break pi] 10:12 10:14 113:15 114:1 135:4 136:11 272:7 10:11 83:12 134:13 272:6 briefp] 198:3 272:9 briefly p] 273:6 bring pj 94:2 288:17 bringing [i] 271:14 broad pj 191:15 broadly p] 192:12 brought [i] 274:8 Bruce p] 18:19 buildings p] 332:9 336:12 bulletins p] 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63:21 78:18 81:16 82:4 127:21 128:1 130:12 149:14 172:21 176:11 177:1 177:5 179:12 179:12 180:15 181:17 191:13 205:1 205:2 205:12 205:13 206:11 206:12 211:19 212:5 266:16 274:9 274:13 274:14 275:13 281:10 294:5 casings m 129:9 cassettes [i] 31:10 category [ii] 39:20 105:8 111:2 155:8 196:20 245:9 309:8 27:6 109:7 158:3 245:18 caused m 106:15 causing [6] 49:19 133:20- 171:10 185:16 198:11 199:8 centers m 295:20 cents [1)292:20 certain [sj 32:18 32:18 32:20 255:19 284:19 certainly [ioj 27:17 50:15 62:18 66:14 70:17 94:16 194:3 212:7 293:11 301:15 certify HI 228:14 340:5 340:9 340:12 cetera pi 195:8 218:15 chairman [6] 24:1 36:17 42:2 42:9 238:17 312:16 chance [6] 54:9 55:19 73:12 114:10 190:18 295:13 change [S] 22:16 23:8 250:2 20:15 24:11 changed pj 13:10 18:3 22:3 24:9 173:16 309:6 309:10 changes [ij 198:15 channeled [i] 205:14 chaotic [ij 287:15 characterization [12] 30:7 32:9 43:2 68:3 68:6 166:7 188:7 284:5 323:18 324:4 332:18 334:11 characterize pj 51:8 146:17 characterized M 125:12 characterizes pj 94:4 125:11 characterizing [i] 248:10 charge [i] 123:20 Charles pj 3:9 2:18 cheaper pj 146:10 check [ij 172:6 chemical [i] 215:12 chemist [ij 319:16 chemistry [ij 12:18 Chemists pi 271:20 296:2 chewed p] 218:16 226:8 240:21 Chicago [sj 208:17 226:10 229:8 229:11 256:3 Chief [i] 255:21 child [4] 172:10 172:11 280:21 294:7 child's [i] 172:14 childhood psj 65:14 65:16 168:21 177:6 177:15 178:4 179:8 179:12 180:20 181:17 191:9 193:19 225:18 259:18 263:10 268:15 274:14 277:14 296:8 296:14 303:16 335:2 337:15 40:17 120:7 177:11 178:12 180:15 185:15 208:9 262:19 273:11 295:20 297:4 336:21 children [43] 65:14 66:10 69:17 79:2 102:10 118:21 149:3 149:10 169:5 173:5 65:1 66:13 102:7 148:14 149:18 174:6 Multi-PageTM 175:16 210:13 213:17 218:17 226:3 226:5 226:8 241:1 252:21 262:10 265:16 267:4 267:9 273:18 275:9 275:14 276:8 280:3 280:20 281:11 294:6 295:16 307:19 315:21 316:9 322:9 343:20 children's [S] 119:17 177:2 203:13 203:17 209:12 Chisolm p] 176:18 275:2 choosing m 221:21 chose [4] 210:4 228:17 chosen [i] chron [i] chronic pj 257:12 258:13 260:5 260:19 208:11 302:15 88:16 33:4 256:18 259:6 268:16 Church [i] 3:6 Cincinnati [6] 58:21 124:6 177:2 177:11 192:18 275:2 circles pj 267:8 CIRCUIT [i] 1:1 circulation pj 102:17 103:1 103:3 103:6 103:21 104:12 238:8 291:7 circulatory pj 198:12 199:9 circumstances [ij 66:21 cite [3] 135:20 136:3 333:20 cited [3] 194:2 206:19 288:9 cities m 64:11 61:1 208:18 273:19 274:7 275:1 338:2 city psj 1:1 10:1 179:11 226:10 229:7 229:10 233:15 235:8 240:13 240:15 241:19 245:19 246:7 247:1 247:12 247:19 248:6 280:3 280:8 280:12 288:2 288:8 332:7 332:13 334:4 334:5 340:2 340:4 civil [ij 323:11 CL190487 [ij 1:3 CL190488[ij 1:7 claimed [i] 47:16 claims [i] 40:11 clarification m 24:17 clarify pj 59:17 152:10 152:20 250:2 254:5 clarity [i] 244:14 classification [i] 28:14 clear [ioj 21:16 119:19 131:20 216:2 232:14 254:12 260:14 269:9 320:19 321:5 clearer [ij 171:18 clearly [4] 93:21 132:10 181:9 297:10 client p] 32:7 70:8 70:13 70:15 184:4 clients pj 126:6 clinical [i] 256:17 Clinton [i] 36:16 clippings pj 123:14 191:12 204:15 204:18 212:20 Close pj 85:4 85:12 closely ui 295:19 coaching [i] 321:10 Coat [4] 219:6 219:21 319:11 322:4 coating p) 213:17 218:13 220:7 220:17 226:3 252:21 307:19 320:4 coatings [4] 220:9 320:8 320:9 320:11 coats [2] 220:12 322:4 codep] 25:19 college pj 12:11 13:1 164:15 column [6] 215:19 217:4 283:15 285:10 285:13 314:9 combat [i] 208:20 combination [i] 147:4 combined p] 166:19 167:5 291:6 coming pj 339:11 200:6 commencing [ij 1:13 comment pj 57:4 283:18 comments [i] 123:14 commerce [ij 117:1 Commission p] 122:4 122:6 340:20 commissioner [4] 253:2 254:7 254:13 254:20 commitment m 94:1 committee psj 6:17 155:4 156:2 156:8 156:9 165:7 203:10 209:9 215:18 226:4 229:18 238:18 239:5 239:12 239:16 240:19 242:15 245:21 248:21 304:8 310:7 313:10 313:14 342:12 342:13 committees [2] 238:20 300:12 communications [ij 265:7 Campbell - conclude communique [ij 205:15 community pj 192:16 281:2 companies pj 38:21 102:6 129:14 139:6 156:7 334:21 company [60] 2:13 2:17 4:15 19:19 24:4 24:12 24:18 36:11 36:21 37:6 37:11 37:12 37:19 37:21 38:6 38:16 38:18 52:17 53:1 77:13 83:2 137:9 138:21 139:1 139:1 139:21 140:1 140:5 156:16 156:19 157:2 157:5 215:12 216:9 216:16 216:17 217:1 217:5 217:6 217:9 217:12 218:2 218:6 283:7 291:4 310:20 313:5 313:17 313:20 314:2 314:7 314:14 315:7 315:10 329:5 329:19 330:4 331:6 331:12 331:20 company's [i] 77:16 competitive [ij 117:16 complaining [i] 90:4 complaint [i] 15:7 complaints [i] 76:8 complete [] 5:9 55:13 142:6 159:18 191:5 318:16 completely [2j 306:6 316:20 compound pj 44:8 49:14 118:3 125:9 246:11 285:17 compounds [4] 218:17 240:1 306:5 309:6 comprehensive pj 94:12 94:15 comprises pi 321:11 concentration [i] 296:20 conception pj 162:7 163:1 concern [is] 37:13 65:1 66:5 66:9 76:6 76:18 102:9 182:6 189:1 215:3 276:21 293:10 37:6 65:12 75:11 77:6 188:19 215:9 concerned [12] 65:13 110:12 128:8 189:8 230:6 275:12 276:4 276:5 276:19 293:9 295:15 313:8 concerning [12) 60:3 75:12 76:8 86:3 135:5 142:8 151:16 166:4 233:7 262:19 263:9 270:21 conclude [i] 48:16 Evans Reporting Service Index Page 5 concluded - DavidMulti-PageTM concluded [21 339:15 339:17 conclusion pj 125:13 167:8 222:16 224:9 247:17 257:16 260:9 inclusions pj 125:17 222:18 conclusively pj 181:16 condition pj 287:15 conditions pj 64:12 conduct pj 306:16 77:14 conducted p) 74:5 112:6 335:8 confer m 110:2 conference pi 110:4 271:12 272:3 315:21 316:9 316:13 343:20 confined pi 273:19 confirm pi 127:2 176:10 177:5 181:4 228:21 281:21 285:1 328:3 confirmation [S] 178:4 178:11 179:18 180:20 182:14 confirmations PI 177:15 182:12 confirmed pj 177:3 confuse pi 223:19 93:19 "onfused pj 178:11 78:17 confusing pj 10:21 connection pj 149:17 259:13 300:3 connects pj 132:9 consecutively [ij 244:13 consider pj 128:16 195:6 215:2 considerable pj 171:12 225:21 consideration pj 302:5 302:20 considerations pi 284:13 considered [6] 101:15 124:19 125:3 131:1 171:14 302:11 consists [l] 184:10 Consolidated (i) 255:21 conspiracy pj 323:11 323:12 constant [i{ 118:14 constantly pi 118:11 constituent [i] 117:3 constitute [i] 182:21 "`(institution pj J6:20 341:8 consultants pj 236:5 consumer [i] 140:5 consumption pj 115:10 118:19 contacted pj 16:2 contain pj 240:9 218:17 contained pj 106:4 218:20 220:7 220:10 containing pi 240:17 241:20 contains pj 336:1 184:18 content [5j 218:18 233:8 267:13 267:21 334:7 contention pj 163:12 contest pj 254:9 context pj 94:9 93:20 continuation p] 124:5 continue pj 49:17 65:19 72:7 81:10 88:15 105:14 107:14 117:14 130:19 continued poj 3:1 50:9 74:11 106:16 143:4 206:3 206:4 276:5 342:1 343:1 continues [5j 123:10 124:20 128:12 191:9 208:9 continuing pj 42:13 100:5 106:8 110:17 124:1 142:17 143:7 275:5 continuous pj 120:6 continuously pj 330:7 330:10 contradict pj 281:13 281:17 contrary pj 322:20 162:6 control pj 323:13 295:6 controlled pi 249:16 251:8 convention pj 57:1 cooperation pj 67:5 287:9 copies 1[>7] 6:15 6:16 6:19 7:2 55:10 72:10 90:8 90:9 106:1 114:2 144:12 6:13 6:17 7:8 89:18 99:4 144:3 copy 61] 35:19 45:9 68:21 69:11 72:8 72:21 73:8 80:15 87:1 90:11 97:17 103:14 106:18 108:6 113:16 120:16 136:15 137:12 138:6 138:6 138:10 138:15 13:8 52:7 69:19 73:3 81:7 91:15 104:19 112:19 122:19 137:21 138:9 141:8 142:4 144:9 155:4 157:20 214:4 216:1 244:7 283:17 300:7 142:6 144:11 157:15 165:6 214:5 218:12 244:17 284:5 307:17 144:5 153:21 157:19 213:15 215:20 230:15 283:11 298:4 322:20 comer pj 308:11 Corp pj 315:3 corporate pj 21:2 21:3 24:19 35:1 313:3 15:1 21:7 48:19 Corporation pij 153:12 154:3 154:7 154:11 154:17 155:16 155:18 156:4 196:7 196:9 214:17 correct [46] 9:11 15:4 21:12 21:19 24:16 25:4 27:21 36:8 37:2 39:17 42:4 46:14 50:16 55:18 62:21 63:6 66:6 96:7 97:4 97:5 107:2 121:1 135:10 144:20 144:21 145:18 147:2 148:3 150:19 155:19 163:15 201:1 202:19 205:19 229:2 245:13 266:17 268:12 272:20 293:16 299:9 303:3 304:14 308:13 311:9 322:6 correcting pj 210:16 211:8 211:15 212:3 correctly [lij 98:16 98:21 105:18 106:20 162:10 166:20 219:1 242:11 322:2 322:10 322:13 correspondence pj 33:6 177:13 274:6 Costello [ij 196:7 costs [ij 306:7 couched pj 301:19 Council pi 12:6 counsel p3j 15:18 17:3 17:3 55:16 69:10 73:1 81:7 81:15 89:18 90:5 90:7 99:3 99:4 99:11 104:4 105:5 105:21 106:16 106:18 108:14 111:16 113:11 113:17 127:10 135:9 135:17 136:15 265:9 277:12 322:15 340:8 340:12 340:13 counsel's [i] 105:21 counseling pj 318:7 countpj 292:20 countries pi 317:3 country [4j 246:18 270:9 271:2 306:16 couple [71 17:20 89:17 106:13 123:9 ndex Page 6 248:10 296:21 339:6 course pj 21:1 30:1 135:16 170:14 219:20 courses PI 13:2 court [is] 1:1 4:6 10:8 10:19 46:6 68:3 68:6 68:7 82:15 82:16 82:19 83:6 114:7 136:12 136:18 court's PI 67:21 courtesy pi 69:16 69:19 70:19 73:8 cover pj 96:16 137:8 138:1 coverage pi 334:15 covering [ij 100:7 covers pj 119:18 Cranch pj 284:11 Crane pj 36:17 42:1 42:8 create pj 124:8 created PI 24:12 24:13 24:18 25:1 25:13 25:16 creation pj 42:19 crib pj 145:10 145:20 146:4 170:10 cribs pj 102:6 119:10 119:17 133:18 134:8 145:12 145:17 146:5 204:3 critically pj 126:1 curing [i] 191:14 current PI Curtis poj 15:16 2:8 5:7 5:7 26:16 37:7 44:17 49:11 60:13 64:16 76:10 76:15 76:20 77:8 87:9 88:2 101:17 106:21 114:1 114:4 122:8 177:20 181:2 186:2 194:15 199:20 206:13 221:10 229:3 230:21 241:9 242:1 242:18 246:8 247:5 248:7 251:10 264:20 265:3 293:18 294:17 custodian [4] 21:10 21:17 22:13 30:10 custody pj 23:12 23:15 customer [ij 295:9 customers' pi 295:7 Dpi 304:10 304:13 D.Ap] 262:6 D.C pj 3:4 3:13 D.S pi 312:9 damp] 264:15 damage p] 280:21 damaging p] 253:4 275:8 275:13 dangerous pi 82:20 dangers [i] 82:18 data p] 149:3 149:9 149:17 date ps] 11:19 27:16 33:13 36:13 41:17 75:21 84:9 175:3 187:6 329:14 13:10 35:9 55:7 98:5 187:7 dated [S3] 8:4 26:21 35:19 41:10 45:10 52:8 58:18 62:13 69:1 80:16 87:3 97:18 103:16 104:20 108:7 113:1 120:18 137:9 141:9 143:16 147:12 150:10 153:10 155:5 165:7 168:14 186:20 190:15 195:20 197:14 200:16 207:9 213:18 225:1 230:16 234:15 237:5 252:1 255:17 269:18 272:17 286:13 289:4 298:5 304:9 304:11 317:21 343:5 343:8 343:10 343:11 343:14 343:16 dates [3] 245:12 327:18 327:20 David [136] 3:2 5:3 5:3 6:5 6:9 39:14 43:1 46:6 46:11 47:1 47:8 53:12 53:18 56:13 60:20 62:1 63:7 63:15 65:8 65:18 66:2 67:18 68:5 68:15 69:8 69:21 70:3 70:7 70:14 71:7 71:9 71:13 71:18 72:5 72:12 72:19 73:7 73:20 74:14 77:2 77:17 78:5 78:7 78:9 78:14 81:5 81:18 81:18 81:20 82:1 82:10 82:15 83:5 84:17 85:9 88:1 89:16 90:2 90:6 90:9 90:15 91:8 91:16 92:6 92:11 93:5 97:6 99:2 99:19 104:3 105:5 105:19 106:9 106:12 106:15 108:13 109:1 109:20 113:10 113:20 113:21 116:14 117:7 122:7 122:19 128:19 131:17 132:12 133:11 134:7 136:17 136:21 139:9 157:10 167:6 174:18 178:6 179:15 179:20 181:19 183:4 183:9 183:14 183:18 184:1 186:14 187:10 187:14 199:10 231:15 256:21 257:14 258:16 259:7 260:8 261:1 261:11 261:15 261:20 262:2 263:14 265:10 268:17 268:20 269:4 274:16 275:15 276:10 281:4 281:20 Evans Reporting Service 285:21 303:6 303:20 333:6 338:3 339:6 day-to-day [ij 23:18 days [2j 69:17 115:17 de[2] 2:21 216:16 dead[i] 248:13 deal [7] 22:19 31:16 68:9 68:10 68:10 303:12 305:11 dealers [i] 66:20 dealings] 192:11 deals [5j 65:14 68:7 68:8 129:8 199:16 death [2] 263:11 198:16 deaths m 274:9 decades [i] 74:12 December [si 155:5 155:17 156:3 168:14 230:16 decide [i] 88:11 decided [6] 107:17 130:18 130:20 142:12 159:9 161:15 decision [i] 302:12 declared [2] 166:12 166:18 declined [i) 48:4 declining [6] 48:8 48:17 49:5 49:6 49:18 115:11 deemed[i] 218:13 defend [i] 166:14 defendant [iv j 2:7 2:10 2:13 2:17 2:21 3:4 3:7 3:10 3:13 9:15 70:17 70:18 70:18 323:10 327:9 331:5 331:15 defendant's [2] 116:4 223:4 defendants [14] 1:5 1:8 5:15 15:11 48:6 68:11 69:15 88:19 89:20 149:14 162:14 283:16 327:6 329:10 defendants' [2 59:15 136:20 defense [ioj 57:9 58:3 58:6 73:1 99:4 105:21 106:17 161:13 161:16 166:16 define [4] 34:12 34:17 178:15 178:16 defined [2] 184:9 184:9 definitely m 276:3 definition m 34:16 47:10 58:5 59:18 degenerative pj 198:15 256:19 257:12 258:14 259:6 260:5 260:19 degree PI 12:14 12:19 236:12 delay [2j 106:15 81:8 deliberate [ij 263:19 delivered [3] 235:7 292:7 315:18 demand [2] 48:8 48:3 demonstrate [l] 94:1 department^) 63:5 64:2 233:15 233:16 240:16 241:19 280:1 280:9 departments m 28:2 deponent [i] 7:14 deposed [21 69:16 9:6 deposition [120] 1:10 1:11 4:2 4:8 7:21 8:2 8:9 8:10 10:13 13:4 13:10 14:16 16:3 25:10 26:19 30:1 35:8 35:14 41:3 44:21 52:2 58:13 58:17 62:5 68:17 69:12 69:21 80:10 81:11 82:13 83:4 86:17 89:21 90:5 97:12 97:16 103:10 104:14 104:18 108:1 108:5 112:15 120:11 120:15 126:16 135:16 137:3 141:3 143:10 147:6 147:10 150:4 150:8 152:8 152:16 154:20 155:3 165:1 165:5 168:7 168:11 175:2 184:17 186:12 190:8 195:14 200:10 207:3 207:7 213:10 213:14 221:9 224:16 224:20 230:10 230:14 234:9 234:13 236:19 237:2 243:7 243:11 250:3 251:16 251:20 255:11 255:15 262:3 264:13 269:12 269:16 272:12 272:16 278:12 278:16 282:6 282:15 286:7 286:11 288:19 289:2 297:20 298:3 304:1 304:5 307:12 307:16 315:13 315:17 318:19 319:7 320:21 321:15 322:16 322:19 339:1 339:14 339:17 341:1 341:7 depositions ni 122:11 described [i] 322:8 DESCRIPTION p) 341:6 342:2 343:2 design [3] 290:6 290:7 290:11 designate [i] 13:17 designed [3j 43:11 43:14 291:11 designee [u 35:2 Evans Reporting Service Multi-PageTM desirable [3j 158:5 158:8 158:17 despite [1] 277:12 destroy [i] detail [i] 67:1 250:12 detect [1] 267:8 determinants [i] 171:14 determination pj 172:11 determine [44] 110:7 153:20 158:16 159:8 162:16 170:7 170:16 171:2 171:8 172:7 172:10 176:9 179:7 181:5 181:8 189:1 189:8 198:19 199:5 202:15 204:21 205:11 206:9 206:11 211:18 223:5 244:16 253:6 257:10 267:19 270:10 270:19 273:21 274:4 274:13 279:9 293:3 294:14 303:16 326:21 327:2 327:4 332:17 337:8 determined [6] 174:1 226:12 232:12 325:15 325:20 326:3 determining pi 189:14 212:4 develop [S] 192:14 233:10 241:5 256:18 287:15 developed [12] 102:16 172:6 190:1 214:13 226:6 241:12 242:4 242:16 253:1 253:10 290:5 290:5 developing pi 102.-10 158:18 159:10 development pi 304:8 333:16 developments [ij 172:4 devised [ij 117:16 Devoep] 217:9 diagnose [i] 193:4 diagnosing [i] 235:16 diagnosis [i] 235:20 diagnostics [ij 192:20 diedp) 265:16 difference [4] 182:13 216:3 294:9 317:12 differences [i] 318:10 different m 62:1 62:2 119:2 125:10 233:16 297:8 317:15 317:17 320:11 difficult [3j 144:4 193:2 292:19 diminish [l] 144:5 dircct[4j 18:16 192:15 198:7 292:5 directed [i) 19:19 direction [ij 301:19 day-to-day - document directly [3j 50:20 distinguishes [i] 82:5 166:17 28:12 23:9 23:17 45:9 164:10 168:13 243:13 278:19 304:11 310:18 directors psj 6:16 15:13 25:17 35:19 36:13 36:18 39:1 41:10 42:3 52:7 52:20 53:4 53:8 53:17 69:1 80:15 97:18 104:20 105:9 107:10 108:7 141:8 154:7 195:20 230:15 304:7 341:9 341:10 341:11 341:12 341:15 341:16 341:18 341:20 342:6 342:17 343:4 343:17 disagree [321 68:13 84:20 85:6 88:5 94:16 115:1 115:8 115:15 117:6 140:12 140:14 144:7 238:10 326:11 327:5 327:11 327:14 328:8 328:10 328:15 328:18 329:1 329:2 329:4 329:18 330:1 330:2 330:3 330:14 331:6 331:10 331:11 disappointed m 148:7 discarded pi 32:19 82:6 discovery in 327:5 discuss [8] 16:2 16:20 46:17 78:18 135:15 231:12 258:20 267:13 discussed [U] 8:6 57:3 71:5 92:3 105:10 107:10 126:17 132:21 148:13 259:4 264:8 discusses [2] 65:1 110:1 discussing [6] 42:12 56:7 75:10 122:10 196:8 308:9 81:2 158:5 198:2 243:3 305:5 111:14 161:12 200:6 279:11 316:17 135 5 161 15 221 12 282 10 318 11 discussions [i] 57:8 disease is j 40:8 198:16 245:12 258:14 259:6 260:6 260:19 268:16 diseases pi 257:13 256:19 disposing pi 105:15 107:15 dispute [l] 284:8 disputes [ij 167:16 distinguish [ij 318:13 distributed pi 192:12 300:17 distribution [i] 323:13 dithizoneni 171:16 Division [4] 278:18 278:19 343:7 343:12 doctor [5j 235:7 235:11 236:11 236:14 253:17 doctor's [l] 142:12 doctors Pi 212:21 235:13 236:2 document po4] 13:14 26:8 26:9 26:17 27:9 27:10 28:18 29:16 30:9 32:13 32:15 33:1 33:15 36:1 36:2 36:4 39:11 39:19 41:11 41:12 41:17 41:21 42:11 43:2 43:9 45:5 45:12 45:14 45:20 46:7 46:13 46:16 47:11 47:19 49:4 51:17 52:10 52:12 55:8 57:16 58:21 59:2 59:3 62:15 62:17 63:10 63:20 64:20 64:21 65:6 65:10 65:11 66:5 66:8 69:5 69:7 72:20 73:13 73:15 74:1 75:10 75:15 76:1 76:6 76:17 77:4 77:10 77:12 78:10 78:18 80:17 80:18 80:20 80:21 81:8 82:1 84:1 85:21 86:2 86:21 87:15 87:18 88:4 88:6 88:8 88:12 89:5 91:9 92:7 93:12 93:20 94:8 94:21 98:1 98:4 98:5 99:5 99:8 99:11 99:20 101:16 103:7 103:18 104:1 104:5 105:1 105:3 105:5 105:9 105:20 106:3 106:4 106:5 106:7 106:11 107:2 108:8 108:10 108:11 108:14 108:17 109:1 111:4 111:17 112:13 113:6 113:8 113:11 114:11 114:13 114:16 115:3 115:10 117:9 118:3 119:19 120:20 121:21 122:1 122:14 122:15 125:11 127:8 137:11 137:13 137:15 137:17 138:17 139:10 139:16 141:11 141:13 142:9 142:16 143:3 143:17 143:21 144:17 144:19 147:16 147:17 147:19 148:1 148:16 148:18 150:11 150:14 150:15 150:16 151:3 151:8 151:14 Index Page 7 documentation - evident 151:19 151:21 152:17 153:9 154:11 155:10 155:13 157:18 159:18 165:9 165:11 165:18 166:7 167:9 167:12 67:13 168:16 168:18 *69:9 181:14 181:21 182:18 187:4 187:5 187:17 187:20 187:21 188:5 188:7 188:9 190:18 190:20 196:2 196:2 196:4 197:9 199:1 199:11 199:12 200:18 201:2 201:10 207:13 207:16 211:16 213:1 213:20 214:3 214:7 225:4 225:6 225:9 230:18 230:20 231:5 231:8 231:11 232:2 234:18 234:20 235:1 237:7 237:9 237:11 238:2 238:7 241:17 243:18 243:20 244:4 245:14 246:20 247:4 247:10 248:4 248:17 252:4 252:6 252:8 253:11 254:10 256:5 256:7 257:5 258:5 259:18 259:20 261:20 261:21 263:2 269:20 270:1 270:3 272:21 273:2 273:5 273:17 276:6 276:12 277:17 279:3 279:5 279:7 279:15 281:9 282:20 283:1 283:13 283:19 284:1 286:15 86:17 289:9 289:11 289:14 296:16 298:7 298:9 298:11 299:3 301:4 301:17 304:14 304:15 304:19 306:13 307:10 308:2 308:4 316:6 326:5 333:20 documentation [i] 270:11 documents imj 6:4 6:10 6:12 6:13 6:18 7:3 7:4 7:5 7:7 7:9 7:15 7:19 8:1 8:7 8:10 8:11 14:19 14:20 15:3 15:8 15:10 21:7 29:1 29:2 29:5 29:8 31:2 31:13 32:11 32:19 38:4 38:20 40:5 47:4 48:5 48:6 48:7 48:13 48:15 49:3 51:3 51:16 58:9 59:14 59:15 59:15 59:16 60:2 60:8 60:11 72:17 73:9 83:20 85:13 86:1 86:2 92:1 94:21 95:3 95:9 96:5 96:9 96:11 ^is 96:19 97:9 -7:9 98:13 99:4 101:13 106:8 106:13 110:6 114:21 115:7 115:14 115:18 116:3 116:4 116:5 117:5 117:18 125:16 128:14 132:8 132:10 148:6 148:12 148:13 149:1 149:12 149:13 149:15 152:2 153:19 158:17 159:7 160:5 160:9 160:12 160:13 160:19 161:5 161:14 162:13 162:20 163:10 163:17 163:17 164:2 164:3 169:19 176:9 177:14 177:15 178:3 178:4 179:5 179:10 179:17 181:12 181:12 181:21 182:4 188:21 189:7 191:19 192:2 192:10 198:19 199:2 199:4 206:10 212:19 219:4 222:19 223:3 223:4 223:4 223:5 224:2 249:19 253:5 253:18 257:8 258:5 258:11 258:19 259:3 260:2 260:13 260:16 260:16 260:20 261:18 270:11 270:20 273:21 281:12 284:21 293:2 294:14 299:15 299:20 299:21 300:5 300:6 300:7 307:1 323:19 326:15 327:20 328:5 333:18 Doe pi 3:13 5:6 89:2 doesn't [20] 50:18 67:20 78:17 156:5 182:1 186:3 219:13 240:5 246:3 247:3 258:1 295:9 324:6 29:19 68:9 165:20 186:4 240:6 248:1 296:9 dollars [3] 292:20 293:4 306:7 Dome [i] 289:7 domestic [i] 50:13 dominated [i] 249:16 Don pi 310:10 311:5 done [i7] 45:5 57:9 72:4 88:19 89:21 118:8 119:5 177:11 181:15 194:2 232:17 241:15 262:6 263:9 263:17 307:9 337:4 Donoghue [3] 3:8 4:20 4:20 doors [ij 17:20 doubtpi 208:21 down [i4] 10:20 17:20 56:19 91:13 172:1 175:5 265:13 278:7 339:11 10:8 43:8 138:3 191:13 322:1 Dr [52] 42:18 59:9 74:11 75:2 78:3 42:1 43:4 62:11 74:18 77:7 78:8 42:13 58:20 74:5 74:20 77:13 110:16 ndex Page 8 Multi-PageTM 110:19 111:3 124:11 124:16 142:8 143:15 147:11 148:6 150:9 153:11 170:15 176:17 177:9 182:9 255:20 262:13 262:15 262:20 263:4 263:5 263:7 265:7 267:11 275:2 283:6 284:11 284:11 285:14 303:12 303:15 315:19 316:15 342:7 342:8 342:10 dragging pj 82:12 83:4 drain [i] 281:1 draw pi 125:12 125:17 224:9 247:17 248:19 driven PI 161:16 161:13 dropped [l] 20:4 dry pj 309:17 309:21 319:11 319:19 320:10 dryer [i]2l8:21 dryers [i] 241:1 due pj 229:20 306:5 dues pj 325:13 325:15 325:20 duly pj 8:17 340:7 dump [i] 67:1 dumped [i] 32:19 duplicate [ij 64:12 duplication pj 67:6 Dupont p] 2:21 89:12 216:16 216:17 217:1 283:7 313:20 315:7 331:5 during [20] 17:2 17:5 63:20 69:21 75:6 103:4 114:1 135:4 136:11 186:15 317:2 332:4 335:9 10:10 29:21 74:19 113:15 135:15 287:10 332:5 dust [ij 296:21 duty [ij 285:16 dwelling [ij 218:16 dwellings p] 332:15 338:1 dye [2] 77:19 77:20 E [2] 4:11 255:20 E-m-m-e-r-s-o-n [ij 315:19 E.I [lj 2:21 Eagle [i] 38:5 Eagle-Picherm 37:21 early [i] 336:6 ease[i] 330:16 East [3] 1:14 2:3 2:19 easy [2] 114:2 114:3 Eckart[4] 216:8 311:19 312:17 313:11 economics [i] 195:16 editors pj 294:8 educate p] 280:10 191:21 educating [ij 195:7 education p] 12:9 12:21 162:2 191:15 191:16 192:9 effect pj 127:4 276:13 295:15 325:10 effective pj 183:1 185:13 195:9 195:9 296:21 effects [ij 210:13 efficiently [i] 291:13 effort po] 40:14 79:13 93:19 94:12 114:17 117:15 120:6 134:10 170:19 171:12 180:18 183:1 189:20 199:12 204:20 241:5 274:4 274:12 275:5 275:19 efforts [i2] 93:1 170:5 170:9 170:14 170:20 193:17 194:9 205:11 231:12 287:9 287:17 337:21 eight [i] 106:17 either [is] 32:19 67:1 101:7 152:6 258:9 281:16 282:1 282:2 295:3 295:5 14:5 90:19 156:15 281:21 283:4 elect [ij 16:19 elemental [i] 218:18 elevated [i] 171:9 eliminate [i] 102:8 eliminated [i] 316:20 eliminating [ij 67:14 Ellen [i] 1:8 Emmerson pj 315:19 316:15 emphasis p] 105:10 107:11 emphasize [i] 291:11 employed pj 4:7 4:8 11:10 14:6 186:16 283:6 301:21 employee [4] 14:6 181:13 310:13 340:13 employees pj 15:15 15:16 33:7 employment pj 17:6 312:4 enacted p] 334:5 288:8 enactment [i] 296:13 enamel [i] 146:11 enamels p] 146:14 146:9 encouraged [ij 102:7 end pi 24:11 113:16 136:15 275:21 318:4 333:14 endeavor [i] 203:11 endeavored [ii 123:18 endeavoring [ij 162:5 endorsement [2] 166:1 166:11 engage [1] 158:5 engaged pj 50:20 51:20 112:1 Engineering p]57:2 290:7 290:19 engineers [i] 290:12 England p] 325:9 325:5 entire [5] 93:20 94:6 296:16 66:16 295:13 entitled pi 39:9 39:20 54:4 103:3 192:14 201:14 255:19 282:16 289:6 entity [4] 76:7 76:18 77:6 215:3 Environmental [ij 310:18 episode [ij 67:7 equipment p] 295:6 336:12 especially [ij 283:12 ESQUIRE [i2] 2:2 2:5 2:8 2:11 2:14 2:15 2:15 2:18 3:2 3:5 3:8 3:11 essential p] 191:17 essentially [ij 294: iO establish [sj 119:3 128:4 202:2 203:12 209:11 established pj 139:18 142:19 228:6 242:15 284:10 297:6 299:12 299:17 establishing pi 139:2 139:4 139:6 establishment [i] 240:18 et[4] 4:3 4:4 195:7 218:15 et.al[4] 1:2 1:4 1:6 1:8 Ethyl [io] 153:12 154:3 154:6 154:10 154:16 155:16 155:18 156:4 196:7 196:9 European [i] 317:3 Evans pj 4:7 1:19 evaporated pj 310:4 310:5 319:12 everybody pj 222:1 285:16 evidence [sj 94:13 250:5 252:19 258:17 260:9 260:10 263:15 336:2 evident [ij 191:12 Evans Reporting Service evolved (l] 240:20 exact [2i 143:6 144:11 exactly [3] 235:21 287:7 292:20 examination [S] 8:20 87:15 135:2 340:9 341:3 examine [l] 151:13 examined [2] 8:19 340:8 example [2] 180:19 48:1 excellence [ij 50:14 except pi 161:13 114:6 excess [i] 218:19 excuse pi 90:6 91:8 126:4 11:17 100:17 executive [ioj 6:17 23:9 23:17 155:4 156:1 156:8 156:9 165:6 342:12 342:13 exhibit p44] 13:4 13:8 25:10 26:5 26:19 35:14 35:18 41:3 41:7 41:8 41:9 44:21 45:8 46:4 52:2 52:5 58:13 58:17 59:1 62:5 62:9 67:19 68:17 68:20 70:20 71:20 78:19 80:10 80:14 82:2 86:17 97:12 97:16 103:10 104:14 104:18 108:1 108:5 112:15 112:19 113:15 120:11 120:15 120:19 121:10 126:16 126:17 126:20 127:1 127:10 127:13 128:9 128:10 129:8 137:3 137:7 141:3 141:7 142:5 143:10 143:14 143:18 147:6 147:10 147:13 147:14 150:4 150:8 150:12 150:19 152:8 152:16 153:7 153:14 154:17 154:20 155:3 157:16 165:1 165:5 165:14 165:21 168:7 168:11 176:7 186:12 186:19 190:8 190:12 195:14 195:19 198:8 200:10 200:14 207:3 207:7 213:10 213:14 214:1 224:16 224:20 230:10 230:14 230:21 234:9 234:13 236:19 237:2 243:7 243:11 244:9 251:16 251:20 255:11 255:15 264:6 264:10 265:8 265:12 266:8 266:14 267:10 269:12 269:16 272:12 272:16 278:12 278:16 282:6 282:15 286:7 286:11 288:19 289:2 297:20 298:3 304:1 304:5 304:10 304:13 307:12 307:16 315:13 315:17 exhibits [i4] 69:18 70:9 71:14 71:14 125:1 133:1 264:7 341:6 343:2 69:12 70:11 109:21 136:16 342:2 exist [6] 55:14 97:10 181:21 182:1 244:16 299:15 existed PI expect [i] 47:6 8:3 expected [i] 64:11 expense [2] 295:5 281:2 experience [3j 160:16 219:3 319:18 experimentation [i] 100:8 expert p] 117:9 221:5 221:7 281:5 281:6 281:6 319:17 Expires pi 340:20 explain PI 270:12 60:5 exposed p] 173:6 exposure [i7] 169:6 172:14 173:7 174:7 175:17 175:18 181:18 198:11 199:8 256:16 257:11 258:12 259:5 260:4 260:18 263:10 268:15 extend [2] 70:19 69:16 extent [12] 92:2 97:7 101:7 110:7 133:4 179:18 181:20 196:8 209:15 209:21 308:15 309:3 exterior [4i 219:12 318:12 336:13 338:13 Externally [i] 161:12 extra [i 89:18 extremely [4] 130:7 162:6 163:1 163:12 eyes pj 216:5 F [6] 1:10 8:16 9:5 341:13 1:11 341:1 F-o-u-l-g-e-rpj 216:16 282:17 F-o-w-l-e-rpj 310:10 F-r-i-e-n-d-s pi 11:17 face [6] 50:10 69:19 118:20 132:4 196:6 292:17 facilitate pj 111:17 fact [74] 43:20 54:6 55:10 57:14 68:6 74:10 76:17 78:18 89:10 94:14 97:9 126:1 126:11 151:15 156:5 48:17 57:12 74:7 78:3 90:2 122:16 130:1 159:16 Multi-Page 162:17 167:13 167:18 170:5 172:12 172:21 174:4 175:20 179:12 189:3 197:4 202:17 205:1 205:12 205:15 206:12 211:19 226:20 229:1 232:9 233:21 241:4 242:3 243:1 246:4 249:8 257:15 258:3 258:8 258:9 259:8 261:12 261:14 261:16 274:1 274:14 274:21 285:2 287:17 288:12 289:20 296:9 296:18 296:19 297:6 297:14 301:21 302:21 308:11 325:10 329:16 facts [8] 40:14 43:10 43:16 115:17 132:8 258:16 260:9 263:15 Fader [3j 18:19 20:8 20:9 fail pi 278:6 failure [6] 105:21 106:16 199:18 263:11 263:11 265:16 fair [2] 44:20 94:6 Fairhall pj 170:15 124:11 familiar [4] 10:3 38:2 38:2 250:9 family pi 281:1 far [5] 51:4 181:9 223:9 223:15 223:16 faimp] 336:12 fashion p] 244:5 fault [3] 81:11 88:8 88:13 favorable pi fearlessly pi featuring pj February pj 113:1 137:9 147:12 148:11 Federal pj 122:6 Felix pj 41:14 113:2 252:18 161:11 204:15 103:16 139:21 213:19 122:4 41:18 felt pj 6:20 105:13 107:13 158:5 168:1 226:16 227:7 293:11 few [3] 20:1 184:18 50:19 field [3] 160:16 301:14 302:8 fifth p] 64:6 66:15 figures pj 238:19 239:2 274:8 file p] 33:4 135:21 filed [i] 323:11 files [3) 6:14 7:6 7:9 film pj 309:15 309:17 309:21 310:2 319:11 319:19 320:10 finally pj 284:11 321:18 financial [i] 31:17 financing (2i 23:21 94:5 finding p] 327:21 97:21 findings [4] 263:16 263:17 302:5 306:16 finds [l] 264:6 fine [io] 6:2 107:8 131:8 136:7 186:6 270:16 272:8 63:17 132:20 224:1 finest p] 116:21 finger pj 235:14 213:7 finish [7] 10:17 10:18 30:12 158:20 159:1 269:2 320:1 finished pj 26:7 144:15 149:6 237:19 265:21 305:14 319:5 firmp] 250:15 first po2] 8:17 16:1 17:6 17:11 20:13 24:12 35:21 36:9 45:19 52:9 52:15 63:20 64:6 78:17 80:16 83:16 87:4 93:6 97:19 98:12 99:14 99:15 102:20 102:21 103:17 104:21 108:8 108:16 113:3 113:5 113:13 121:20 123:7 127:3 127:17 129:7 137:18 138:12 138:20 141:10 146:8 148:3 149:8 150:11 154:14 155:7 155:12 155:15 165:8 165:9 168:14 190:17 198:9 200:18 207:10 209:14 213:21 220:17 225:2 230:17 234:16 237:5 243:15 245:9 252:1 252:3 252:9 255:17 269:18 272:19 277:15 278:2 279:1 279:8 282:18 283:15 285:10 285:13 285:13 286:13 286:20 287:16 289:5 292:14 294:1 298:6 298:13 304:17 305:2 305:12 306:4 307:2 307:21 308:12 314:8 314:9 316:1 316:3 318:3 327:11 336:6 340:7 five pj 31:12 31:15 31:16 69:17 78:12 89:11 118:6 flight [i] 235:19 flipped [i] 158:21 Floor pj 2:20 Florida [ij 12:13 fluorescence p i 170:19 focus p] 171:13 119:13 focused [ij 98:2 evolved - frame follow [2] 212:20 206:5 follow-up [3] 150:18 151:5 288:15 followed [5] 99:3 205:20 210:15 211:7 252:17 following pj 107:6 223:15 274:8 310:8 312:16 323:6 follows [8] 8:19 50:19 114:18 182:19 214:13 225:19 252:15 283:16 for-profit pj 25:3 25:5 forefront p] 277:2 280:13 forget pj 129:3 123:3 forgive p] 122:18 form pi] 39:14 56:13 57:9 60:13 63:7 64:16 74:14 76:10 76:12 78:7 97:6 116:14 116:16 117:2 125:20 126:10 126:12 129:20 170:1 177:20 178:6 181:19 188:3 227:11 227:13 231:15 241:9 246:8 248:7 250:1 250:11 251:10 257:14 259:7 260:8 268:17 274:16 294:17 301:8 303:6 327:7 formed p i former pi 15:15 209:11 14:6 forms pj 147:1 formulate p] 87:19 forth [S] 73:19 115:17 182:9 199:18 244:8 forward pj 24:1 Foulger [4] 216:15 282:17 283:6 285:14 found p] 7:9 7:5 foundation [8] 49:21 228:8 228:13 318:16 318:17 323:18 327:17 331:3 founded pj 284:8 139:12 four [8] 19:1 64:5 66:15 125:10 189:9 194:11 274:7 321:11 Fowler [S] 310:10 311:5 312:17 313:12 313:13 frame p6] 33:9 39:3 53:9 53:10 84:6 95:6 95:20 96:17 101:20 112:5 163:19 169:11 172:17 173:10 173:15 174:10 174:13 182:5 199:3 293:6 311:15 324:9 Evans Reporting Service Index Page 9 Frank - improved 324:19 325:6 325:17 335:4 Frank [2j 5:1 3:5 "'anklin pi 2:6 18:5 frankly [ij 161:11 free [3] 10:15 123:8 166:14 Friday [ij 156:3 Friendspj 11:16 front [8] 69:18 79:8 143:5 147:13 153:13 186:21 190:15 309:11 fuel [2j 67:2 82:6 full [9] 9:3 28:15 78:17 127:17 149:8 161:8 280:18 283:15 285:13 Fuller p] 5:ll 331:12 331:14 fumes [ij 296:21 functioned [i] 21:5 fund [4] 94:2 142:12 206:4 337:21 fundamental pj 124:2 124:5 fundamentally pi 221:10 funded [3] 43:4 140:16 140:18 funding [14] 42:18 M:ll 74:4 74:20 5:2 75:6 111:2 142:12 142:17 143:4 274:21 280:6 299:8 307:2 furnished [i] 233:10 furniture [sj 203:13 203:17 204:5 209:13 218:15 futile p] 226:17 226:13 future [4] 69:9 162:5 226:20 227:5 fuzzy pj 283:11 214:4 G[6] 1:14 2:14 3:3 310:10 2:2 3:8 Gahaganp] 1:15 4:6 340:3 340:19 gain [i] 229:7 gander [ij 245:1 gather [ij 190:4 general [9] 20:16 20:21 21:4 22:3 105:12 107:12 110:3 232:13 259:20 generally [4] 117:4 169:9 292:17 301:1 derated pj 33:7 *77:14 gentleman p] 248:12 310:12 313:9 gentlemen [i] 314:6 geology pj 12:17 George pj 255:21 262:14 267:11 given p] 6:19 15:6 32:1 98:18 255:14 301:13 328:15 giving [6] 41:6 216:5 319:7 327:9 327:12 327:18 gladp] 192:3 glass [l] 33:18 Gliddenp] 2:17 4:17 4:19 87:13 218:2 330:3 331:3 gobbled [l] 294:8 God [l] 183:20 goes [9] 67:4 83:2 91:19 124:1 167:19 290:11 293:21 296:18 302:4 gone [2] 119:11 172:9 good [11] 9:1 9:2 122:20 123:2 134:12 171:8 171:14 246:15 282:4 282:5 303:14 government [4j 28:3 28:6 28:6 301:15 governmental pi 215:13 238:18 295:19 301:1 301:6 306:18 307:5 governments pj 221:17 222:1 222:13 223:8 224:6 gradual p] 199:8 198:12 graduate pj 164:15 grant [ij 206:4 gratifying p] 210:17 211:9 252:19 great [4] 22:19 50:21 94:5 98:20 GRIMM [S] 135:18 136:2 220:12 265:19 274:3 ground [ij 10:4 grounds [i] 303:11 group [6j 168:2 168:2 171:15 235:7 235:13 284:10 grown [i] 48:4 guess [3] 134:14 159:15 235:18 guidance [i] 238:20 H pj 2:8 282:17 Haikp] 2:16 hailed [i] 124:15 half [3] 16:7 16:10 115:12 hampers [ij 306:5 hand [4] 64:10 72:20 326:4 340:16 handed pj 90:12 70:3 Multi-PageTM handing p] 89:19 89:18' handle p] 30:9 170:16 277:3 handled pj 19:20 29:16 30:16 hands p] 89:6 55:15 happening [i] 170:8 happy pj 11:4 hard [10] 121:12 121:18 138:2 138:7 138:8 144:2 144:7 188:11 214:5 246:17 harder [ij 146:10 hardly p] 123:12 91:19 Hardware p] 3:10 4:21 harmful p] 163:13 163:7 Harvard p7] 75:4 100:4 100:9 100:15 110:17 124:6 124:15 140:11 140:19 143:7 143:8 164:15 164:18 182:8 192:18 205:16 236:13 299:5 299:8 302:6 302:11 302:15 302:21 303:1 303:12 306:14 307:3 Hawaii [i] 188:20 hazard [7] 39:9 39:13 39:21 77:21 306:4 322:5 322:8 hazardous pj 86:3 201:21 202:4 270:8 271:1 299:14 299:18 hazards [14] 54:15 56:2 57:8 58:1 77:14 77:15 82:8 86:7 213:16 226:3 226:4 252:20 280:10 307:18 head[2) 10:7 326:7 headache [4] 208:10 208:12 225:20 228:18 headed [i] 124:11 heading [i] 107:9 headquarters [i] 91:20 health [48] 63:5 64:1 77:21 98:18 110:2 118:11 124:7 124:10 162:8 164:19 168:13 192:11 208:16 215:2 215:9 215:14 218:14 226:10 229:11 233:15 233:17 240:15 241:19 243:12 246:17 252:14 253:2 254:7 254:13 255:19 270:8 274:7 278:17 278:19 280:1 280:9 287:11 295:20 299:14 299:19 302:7 302:11 302:16 306:15 307:3 310:19 343:7 343:12 hear p] 89:7 199:20 heard [9] 63:11 154:14 164:4 164:6 290:8 290:18 316:15 317:9 317:11 hearsay [i] 199:13 heart [i] 198:15 held[8] 1:11 20:19 156:3 173:5 198:14 267:7 271:12 310:16 Heller [i] 1:8 help [14] 43:11 93:1 127:11 158:12 189:14 192:15 247:1 283:5 303:15 43:14 127:12 190:4 251:1 333:4 helping [2] 124:7 67:14 Henderson [] 262:7 262:16 262:20 263:4 263:6 263:7 Hercules pi 314:7 hereby [i] 340:4 herein [2] 340:6 8:17 Higgins [i] 314:13 high [5] 12:3 12:3 12:5 12:9 267:7 higher [i] 227:1 highlight [i] 122:20 highlighted [sj 79:1 79:6 105:17 109:8 122:18 HIRSCH[4] 2:18 89:12 329:7 331:9 historical [3] 31:12 57:15 220:21 history [6] 48:20 115:19 161:1 169:17 174:20 311:16 hitsp) 294:11 hold [3] 20:5 20:18 180:18 holds [2j 299:16 299:12 home [3] 11:15 11:16 226:4 honest [i] 320:18 honestly [i] 334:19 Hoover [ij 314:16 hope[i] 191:14 hoped [i] 67:5 Hopkins [5] 176:15 180:18 192:18 205:17 212:14 hospital [2] 177:5 177:2 Houff [i] 3:6 hours [ij 339:6 house [3] 219:11 219:14 219:19 hover [2] 113:18 88:9 hundreds [i] 191:11 hurt [2] 293:12 293:13 hurts p] 292:18 294:12 hygiene [i2] 158:4 158:6 164:18 191:3 202:6 202:11 207:21 207:21 157:8 164:10 199:16 203:1 hygienist p] 236:9 236:17 idea pi] 16:10 61:16 122:9 124:14 148:5 208:11 210:3 216:14 240:11 240:12 246:14 identification [SO] 7:16 13:5 25:11 35:15 41:4 45:1 52:3 58:14 62:6 68:18 80:11 86:18 97:13 103:11 104:15 108:2 112:16 120:12 137:4 141:4 143:11 147:7 150:5 152:9 154:21 165:2 168:8 186:13 190:9 195:15 200:11 207:4 213:11 224:17 230:11 234:10 236:20 243:8 251:17 255:12 269:13 272:13 278:13 282:7 286:8 288:20 297:21 304:2 307:13 315:14 identified p] 159:14 283:19 identify pj 26:16 45:19 108:16 109:4 191:19 249:6 illegible [i] 284:2 Illinois p] 256:3 188:20 ILZRO[4] 7:6 7:9 7:6 7:10 immaterial [i] 183:5 immediately [i] 240:14 impairment pj 198:12 199:9 impartial p] 78:1 78:4 impeachment pj 319:3 implicate [i] 254:14 implication p] 97:8 136:6 implications pj 280:2 implied [i] 166:17 imply [i] 129:16 importance [2] 50:21 98:20 important [12] 51:1 51:6 51:12 99:14 114:19 126:8 158:13 160:1 160:6 166:11 192:10 297:15 impossible [i] 283:12 improper pj 30:5 107:1 129:18 improved [l] 193:4 ndex Page 10 Evans Reporting Service improvements [i] 172:1 improving [ij 192:20 inappropriate pj 184:21 Inc [7] 1:4 1:7 2:7 4:4 4:13 24:11 216:8 inception pi] 27:16 33:13 35:10 96:2 140:11 140:20 169:14 170:3 303:2 303:4 303:13 inclined [i] 287:12 include [i] 21:7 included [i] 291:15 including [9] 54:15 58:2 69:10 82:8 86:4 119:18 218:21 284:11 335:17 inclusion pi 241:1 incorporate [i] 24:6 incorporated [i] 24:2 increase [6] 177:1 220:9 231:13 232:9 296:19 320:6 increased [i] 238:8 increases [i] 320:12 increasing [2] 118:19 297:3 indefinite [3j 56:14 74:15 303:7 independent [i] 323:20 INDEX p] 341:1 342:1 343:1 indicate pi] 6:6 38:5 38:17 39:11 49:4 66:16 148:12 150:1 152:2 152:6 155:18 156:12 211:17 211:17 212:19 233:13 246:21 299:6 326:16 327:7 327:8 indicated [6] 60:2 160:5 212:7 266:11 267:16 283:20 indicates [6] 67:13 82:4 202:16 248:4 254:6 301:4 indication ps] 37:3 47:5 54:14 54:20 56:2 66:8 100:13 111:1 111:6 136:17 151:9 179:5 201:20 206:17 212:16 249:6 260:3 295:14 indicators [ij 171:4 indirectly [ij 166:17 individual pj 147:4 292:6 292:10 310:10 'individually pi 191:13 individuals p] 53:2 53:3 industrial nsj 120:8 164:18 199:16 199:19 202:6 202:11 232:13 236:9 236:17 245:10 259:14 259:16 297:8 297:8 297:10 industries [S7] 1:4 1:7 2:7 4:4 4:13 5:10 6:14 24:13 25:20 26:20 28:16 35:8 40:2 42:16 44:13 59:4 62:12 67:9 87:3 112:1 113:2 120:17 123:13 137:10 139:2 139:4 139:7 139:18 147:12 154:4 156:2 160:14 161:9 164:13 166:2 166:13 166:19 167:5 167:17 190:14 200:16 242:14 246:2 246:16 249:1 252:17 278:2 278:20 292:17 306:17 326:12 326:17 327:13 328:19 333:15 334:14 334:21 industry poj 84:4 84:14 117:15 123:11 128:13 130:13 233:11 234:1 284:15 285:3 292:7 293:9 306:7 9:13 85:11 124:21 201:14 234:3 291:13 304:7 inexcusable pj 89:16 90:17 infants [1 56:7 56:10 56:18 110:3 110:13 110:16 inference p] 248:19 255:4 inferior [ii 48:2 influencing pj 44:12 inform no] 58:1 60:10 92:2 101:14 130:20 132:3 134:3 193:10 193:18 195:4 information ps] 54:5 60:7 102:5 158:7 158:19 159:11 184:9 190:5 192:16 195:8 206:7 233:6 233:9 280:8 284:14 285:1 296:6 296:8 301:16 327:12 329:9 330:12 330:17 332:2 334:12 informed [i] 193:15 informing pj 43:15 Ingersoll p] 2:19 ingested p] 322:9 34:7 ingestion p] 162:6 163:1 163:12 ingredient [i] 117:3 ingredients pi 226:7 inherently p] 82:20 inimical pj 166:18 167:4 252:16 initial |PI 89:19 Evans Reporting Service Multi-PageTM 240:15 initiate pi initiated [2] 287:17 injuries p] injury pj inner [i] 338:2 57:7 42:14 275:14 67:9 inquiries [6] 17:16 18:11 18:16 19:7 86:2 86:7 inquiry [i] 188:12 insistence [s] 240:18 241:17 242:14 253:1 253:10 inspection [4] 27:6 27:16 27:21 28:2 instance p] 32:14 52:21 212:11 314:7 instead [4] 35:7 48:4 73:6 114:5 institute p] 166:2 166:13 167:2 167:17 196:16 196:21 317:14 institution p] 74:20 74:21 75:3 75:5 100:15 303:1 307:4 institutions [2] 302:6 302:10 instructed m 80:5 instructing!?] 29:21 228:10 instructor [ij 164:18 insufficient [i] 256:17 insurance pj 334:15 334:21 intelligent [i] 43:12 intelligently [i] 251:2 intended pi 288:17 intends p] 69:12 intensive p] 206:6 intention p] 117:19 intentionally pi 28:5 88:7 88:11 93:18 101:9 interest [4] 51:18 158:7 235:5 312:21 interested psj 28:3 28:7 44:11 59:18 67:14 67:16 97:20 118:19 121:16 151:10 181:7 189:13 191:4 211:15 212:2 212:4 214:11 248:2 285:15 288:10 289:21 298:18 300:16 327:21 340:15 interests p] 44:13 126:6 166:19 167:4 252:17 253:4 interior pj 218:15 219:12 317:6 318:12 322:7 332:8 332:15 336:13 338:12 internal pj 161:10 international i31 7:12 317:13 329:19 improvements kidney interpose [ij 43: l 294:21 300:11 324:12 interpret [i] 188:9 J[i, 2:11 interrogatories p] 136:20 J.Hp] 153:11 155:16 216:15 Interrupt [i] 89:10 Jackson [i] 3:12 interrupted [2] 30:3 30:13 interview [ij 78:8 intimately [2] 303:2 303:7 intoxication [ij 130:12 introduce [ij 23:3 investigate [4] 77:6 77:21 176:14 194:18 investigated [3] 176:10 179:11 206:10 January [U] 58:19 141:9 146:5 148:2 186:20 189:10 342:15 Jerome pj 1:11 4:3 9:5 135:7 341:1 job [10] 17:11 18:3 20:15 22:16 23:8 131:8 136:7 27:1 143:16 153:10 286:13 1:10 8:16 339:14 17:13 20:20 23:16 investigation p3] 78:2 78:4 145:10 162:4 162:16 162:19 180:4 181:5 181:8 181:15 181:16 182:10 182:15 investigations PJ 180:5 182:8 182:12 invited pj 302:7 involve PI 295:10 9:12 involved ps] 38:18 39:2 122:5 125:14 166:17 193:14 199:18 215:4 217:19 249:10 254:19 292:11 299:8 303:2 303:8 jobsu) 291:12 Joe [2] 5:3 John [2] 20:14 Johns [5) 180:18 192:17 212:14 join [2] 88:1 joins [2j 89:2 Jones [i] Joseph [8j 42:1 42:13 81:18 138:21 329:5 Joseph's [6j 37:4 37:6 37:12. 156:19 329:11 282:17 176:15 205:17 88:2 89:12 3:2 3:2 53:1 139:21 36:20 37:11 involvement [ij 253:15 Journal pj 325:9 325:5 Iowa pj 12:6 12:7 journals [ij 324:17 irrelevant p2] 84:17 85:9 92:14 99:7 106:5 122:7 179:20 183:5 183:14 183:17 183:18 338:4 IRS pj 33:2 issue p] 55:3 70:16 89:17 129:8 204:4 250:14 280:14 JR[1] 3:2 Judge h i 1:8 judgment [ij 286:3 July [i] 150:10 June [5] 80:16 84:6 87:3 92:4 104:20 jurypj 94:10 justified [ij 182:20 issues [is] 8:1 8:5 14:1 16:13 30:9 55:20 56:3 68:3 93:13 94:3 128:21 132:9 184:8 199:17 318:12 issuing pj 107:12 105:11 item pj 47:12 104:11 items [6] 29:9 102:6 160:21 210:12 212:17 294:1 itself pi] 24:7 28:18 47:20 65:10 92:8 92:19 93:13 111:5 115:3 117:10 118:4 132:16 151:19 166:7 167:9 167:12 167:21 188:7 192:13 198:17 199:1 205:3 245:15 253:12 254:3 255:9 258:5 287:12 Kaufman [i] 2:16 keep [9] 26:2 91:15 135:7 161:3 218:9 338:21 41:7 141:15 282:3 keeping^] 5:17 Kehoe[i3j 59:9 143:16 148:6 150:9 205:17 265:7 342:7 342:8 58:20 147:11 153:11 266:3 342:10 Kehoe'spi 266:4 Kenneally jsj 3:5 5:1 5:1 127:10 265:8 keptp] 33:5 keysp) 171:5 kid [t] 265:15 kidding [i] 339:9 kidney [ij 268:16 Index Page 11 ridneys - leadMulti-PageTM kidneys [i] 198:16 Kimberlv m 20:12 20:14 kind [S] 65:19 138:2 151:12 189:14 211:10 jew [i2] 44:5 59:10 83:2 83:3 223:6 240:7 307:3 313:9 35:9 59:11 118:20 256:16 knowing m 149:19 336:9 337:2 337:12 knowledge ms i 28:19 29:17 30:17 31:19 31:20 34:20 35:1 38:19 39:4 44:5 48:11 48:19 49:2 50:9 51:8 82:8 115:17 139:5 139:17 173:19 196:18 216:9 216:11 217:3 219:3 236:15 258:4 258:6 285:5 285:6 297:17 313:3 313:3 313:21 316:7 323:20 324:1 324:17 327:10 328:10 332:11 332:21 334:9 nRrfi 338:15 E[21 known [4] 116:21 140:7 192:19 311:3 knows rs] 29:12 29:14 30:11 32:4 151:1 43 2:5 4:12 340:3 340:19 1-i-t-h-o-p-o-rl-e [l] L,-U-t-Z[l] L.I.A [419] 7:15 7:19 13:17 14:3 14:6 14:7 15:13 15:16 24:2 27:9 29:2 32:12 35:2 35:2 35:9 36:6 39:12 40:6 40:16 41:12 43:3 43:5 45:13 46:2 47:5 48:5 48:12 48:13 49:8 49:16 51:11 51:20 53:7 53:13 54:6 55:4 56:10 57:7 58:19 59:15 61:4 62:10 62:16 65:1 66:5 66:9 69:2 74:3 74:20 75:6 6:18 77:5 78:13 78:16 80:19 80:21 86:3 86:21 87:10 91:7 315:5 7:8 9:15 14:4 15:3 17:4 27:15 33:7 35:6 38:4 40:7 42:18 44:10 46:19 48:10 49:7 49:21 52:9 54:2 56:5 57:21 59:18 62:14 65:12 68:11 74:17 76:7 77:13 80:17 83:11 87:4 91:18 92:3 93:3 94:2 94:5 94:11 95:10 96:4 97:19 98:1 98:2 98:15 99:11 100:14 101:14 102:16 103:2 103:13 103:15 103:16 103:18 104:21 105:1 105:8 107:16 108:9 109:4 109:6 110:12 111:2 113:4 115:18 116:3 117:19 118:18 119:3 120:21 122:5 124:19 125:3 125:14 126:12 127:16 128:8 128:15 128:15 129:11 130:1 130:18 130:19 130:20 131:11 131:13 132:1 132:2 133:5 134:2 137:17 140:18 141:10 141:12 141:17 142:11 143:15 143:16 144:19 145:16 146:1 146:4 148:12 149:13 150:10 154:8 155:5 155:8 156:2 156:7 156:17 156:20 158:17 159:8 159:15 161:15 161:20 162:13 165:8 165:14 168:13 168:14 168:15 168:17 168:20 169:4 172:13 173:5 174:15 174:16 175:15 176:3 176:8 176:10 177:14 178:3 178:15 179:6 181:13 181:14 186:20 187:1 187:12 188:17 189:2 189:8 189:21 190:4 190:14 190:16 191:2 191:21 193:10 193:18 195:20 195:21 196:10 196:19 196:21 197:8 200:15 200:19 201:13 202:12 202:14 204:17 204:21 205:10 206:10 207:9 207:9 207:10 207:19 212:2 214:17 215:18 216:7 216:10 217:2 217:6 217:10 217:13 218:3 218:6 221:1 221:3 221:7 221:15 222:11 223:4 223:6 223:21 224:4 225:1 225:1 225:2 225:5 225:15 226:16 227:3 227:9 227:20 229:6 229:13 230:1 230:5 230:16 230:17 230:19 231:11 234:15 234:16 234:19 235:12 235:15 235:15 236:6 237:4 237:4 237:6 237:7 238:5 238:15 240:4 243:13 243:14 243:16 243:18 244:12 244:19 249:8 249:10 249:11 249:14 251:7 252:1 252:2 252:4 252:14 253:14 253:19 254:2 254:15 254:15 254:19 255:17 255:18 256:3 256:5 256:15 257:11 258:12 259:5 260:3 260:17 262:1 267:12 268:14 269:1 269:10 269:18 269:19 270:12 272:3 272:17 272:20 273:2 274:13 274:21 275:3 275:12 276:4 276:7 276:15 276:18 277:9 277:11 278:21 279:2 279:4 279:19 282:18 282:21 286:13 286:14 286:16 289:4 289:4 289:5 289:11 290:13 291:2 292:5 294:15 295:14 296:10 298:5 298:6 298:8 299:7 299:20 300:4 300:15 301:5 302:1 303:1 303:12 304:7 304:8 304:17 304:20 307:1 308:1 308:3 309:9 310:6 310:11 310:13 311:7 311:12 312:4 312:17 313:21 314:3 316:8 319:19 322:6 323:10 324:7 324:16 325:13 326:13 326:17 327:8 327:15 328:19 329:6 329:20 330:4 331:7 331:12 331:21 332:6 332:13 335:8 335:16 336:10 336:17 337:17 337:21 338:11 341:14 342:3 342:14 342:15 342:16 342:18 342:19 343:3 343:6 343:9 343:15 L.I.A. r47i 11:10 17:7 23:17 41:15 41:19 42:20 46:13 52:13 62:21 69:6 73:15 84:15 98:13 108:10 113:7 114:14 154:12 154:18 155:13 155:19 161:6 165:10 187:4 187:18 190:19 196:3 196:12 196:16 201:1 201:11 205:19 206:2 207:17 216:18 236:3 236:7 241:7 245:5 268:12 269:21 293:5 303:4 306:1 311:8 313:3 313:18 316:5 ^42.0 labeling pi] 188:4 188:19 189:9 194:4 203:12 209:12 227:15 239:21 245:18 245:20 246:7 247:2 247:13 247:20 271:14 282:16 287:8 287:14 295:4 295:6 343:13 labels [io] 189:15 190:2 226:17 240:1 270:5 270:7 188:16 226:14 240:8 271:1 lack [3] 81:12 318:17 331:3 Lacquer [6] 167:14 209:3 251:7 311:20 312:10 Lacauers m 249:15 311:13 laid [2] 318:16 Lambert [i] Lane m 11:17 lanmiaP'erci 240:9 *254:6 264-14 268-1 296:2 216:13 327:16 314:21 142:20 254:12 JLdliZd [1J targe [2] 275:7 largely IU largest PI 140:4 last [28] 16:9 56:19 66:14 7Q*Q 01-4 100:10 106:13 128:2 128:3 144:12 149:8 185:10 187:7 198:8 265:13 281:9 285:7 000.0 301:10 296:19 140:1 46:8 79:7 QQ-17 127:18 128:10 182:19 188:17 280:18 285:10 lasted [i] late [3j 40:2 172:4 law [4] M3 287:12 340:8 laws [2] lawyers [i] lead [449] 1:7 2:7 4:13 6:14 9:12 23:6 25:19 26:20 34:4 34:7 35:10 36:20 37:21 38:6 38:18 39:2 39:13 39:21 40:3 40:8 40:17 42:14 42:19 43:5 43:16 44:13 47:21 48:1 48:3 48:8 49:5 49:6 49:9 49:16 49:19 49:19 50:10 50:15 50:21 51:1 51:12 51:20 54:5 54:15 55:3 55:13 56:3 56:7 56:18 57:2 57:8 58:2 59:4 59:19 63:4 63:21 67:7 67:9 68:1 68:7 68:9 68:10 76:9 76:19 77:21 79:17 81:12 82:3 82:8 82:9 82:17 82:19 83:1 84:3 23:10 170:21 2-2 JU1* / 69:13 1:4 4:4 7:13 24:13 28:15 35:7 37:12 38:16 39:9 40:2 40:11 42:16 43:10 47:17 48:3 48:16 49:7 49:17 50:5 50:20 51:5 53:1 54:15 56:2 56:10 57:4 58:2 62:12 65:16 67:20 68:8 75:12 77:15 81:8 82:4 82:16 82:21 84:13 85:11 86:4 86:4 87:2 91:10 91:18 92:14 93:4 95:5 95:11 96:3 98:19 99:6 100:5 101:15 102:3 102:8 102:10 102:15 103:3 103:20 104:11 105:8 105:10 105:12 106:3 107:9 107:10 107:12 109:12 110:3 110:12 110:15 111:2 111:21 112:1 112:9 112:20 113:2 114:18 114:19 114:20 115:10 116:21 117:2 117:14 117:20 117:20 118:10 118:19 118:20 119:4 119:12 120:7 120:8 120:17 123:10 123:13 123:14 123:21 124:6 124:8 124:20 125:4 128:12 128:16 129:8 129:10 130:7 130:10 130:11 130:12 130:19 130:21 131:14 132:4 132:9 132:11 132:16 132:19 132:21 133:1 133:7 133:17 133:19 134:3 134:4 137:9 137:10 138:21 139:1 139:2 139:4 139:7 139:18 139:21 140:1 140:4 140:5 140:8 140:10 140:19 145:12 145:17 146:5 146:10 146:11 147:11 148:14 149:3 149:9 149:17 151:11 151:17 154:4 156:16 156:19 158:8 158:19 159:11 160:1 160:7 160:14 160:17 161:9 161:11 161:15 162:6 163:2 163:13 164:13 166:2 166:13 166:15 167:17 169:5 169:6 170:6 170:10 170:11 170:17 170:18 171:2 171:3 171:9 171:16 172:7 172:10 172:12 172:13 172:15 173:6 173:6 173:7 174:6 174:7 174:7 175:16 175:18 176:11 177:6 177:11 177:15 178:5 178:7 178:12 179:9 179:13 179:21 180:20 181:17 183:5 183:9 183:11 185:15 185:16 185:16 190:14 191:3 191:9 192:14 192:20 193:19 198:11 198:16 198:17 200:8 200:8 200:16 201:14 201:21 202:5 203:1 204:15 205:1 205:12 207:20 208:9 208:16 210:13 212:5 215:5 215:7 217:5 218:17 218:18 218:19 220:9 220:13 220:16 225:18 227:1 230:7 231:13 232:10 233:8 235:4 235:6 235:12 235:16 235:20 236:1 ndex Page 12 Evans Reporting Service 238:8 239:6 240:1 240:17 240:20 241:1 241:6 241:20 242:6 242:13 242:16 245:10 245:11 245:20 246:2 246:7 246:16 247:1 247:12 247:19 248:6 249:1 252:17 255:20 256:17 256:18 257:12 258:13 259:6 259:18 260:5 260:18 262:7 262:10 262:19 263:10 267:5 267:8 267:13 268:15 273:11 273:18 274:14 277:5 277:14 277:14 278:2 278:9 278:20 280:2 280:8 280:10 280:13 280:20 281:11 282:17 287:8 287:14 289:7 291:15 292:7 292:11 292:16 292:18 293:4 293:10 293:12 294:6 295:10 295:15 296:8 296:14 296:21 297:3 297:4 299:5 303:16 306:4 314:2 315:10 315:21 316:9 316:21 317:4 319:11 320:6 320:12 322:3 322:7 326:12 326:16 327:1 327:12 328:18 329:5 329:11 332:8 332:14 333:7 333:15 334:7 334:14 334:20 335:2 335:8 335:10 335:17 335:18 336:5 336:13 336:21 337:15 338:11 343:13 343:20 lead's nj 291:12 lead-based pj 169:7 172:14 173:3 175:17 181:18 lead-free m 46:20 47:6 47:10 47:14 146:14 146:16 146:20 lead-related m 9:10 leadership pj 299:13 299:17 leading pj 300:13 290:6 leads pi 171:1 172:2 leaflet pj 105:12 107:12 107:17 learn [i] 43:10 least [is] 7:20 7:21 21:10 39:12 42:3 69:11 103:20 126:8 151:16 155:17 211:17 227:7 245:11 299:7 311:10 lecturer [ij 164:17 led [2] 64:13 106:15 ledgers [ij 31:16 left [*] 12:1 12:2 20:9 134:6 215:18 314:9 319:19 322:15 legal P] 55:16 167:8 legible [i] 218:12 legislation p] 252:16 270:6 270:21 288:8 legitimate^] 57:12 179:8 179:12 180:15 181:17 205:1 205:13 206:12 211:19 212:6 274:14 274:17 lessp] 195:9 letter pi] 42:1 42:12 58:18 59:21 60:3 60:6 60:12 62:10 63:16 112:20 137:8 138:1 143:14 147:11 148:2 148:8 150:9 153:1 153:1 153:2 153:3 153:3 153:11 168:12 178:15 199:16 255:16 266:4 266:12 266:20 267:1 289:3 304:6 341:13 341:14 342:3 342:5 342:7 342:8 342:10 342:11 342:14 342:15 342:16 342:18 342:19 343:3 343:6 343:9 343:15 343:17 letterhead [6] 59:5 62:10 137:9 143:16 150:10 186:21 letters PI 327:7 33:4 level pj 172:7 227:1 284:12 levels pj 233:19 libraries [i] 336:18 library p] 337:5 337:7 337:11 liern 81:21 life 47:16 lifelong [i] 281:1 light [5] 60:12 61:7 61:16 61:18 62:12 likely [ij 201:7 limit pj 259:4 limited pj 8:10 68:1 256:1 limiting p] 332:14 253:17 limits [5] 203:17 231:13 232:10 299:13 299:18 Lincoln [ij 12:5 line [ii] 67:19 271:15 278:7 318:4 322:1 323:5 323:5 215:21 318:2 322:1 323:7 lines p] 158:6 192:9 liquid [i] 218:13 list pj 52:16 214:14 309:7 listed [6] 13:18 14:1 14:8 36:16 38:21 314:6 listen [6] 45:2 45:3 62:3 154:13 257:9 261:18 listing [2] 188:10 188:2 Evans Reporting Service Multi-PageTM lists [4] 156:3 156:6 310:9 312:16 litany [ij 193:3 literature pj 95:4 95:11 151:12 151:17 207:1 336:21 337:8 337:14 lithopone [5] 46:17 46:20 47:6 146:9 146:13 litigation p6j 29:3 29:6 30:8 30:12 31:3 31:4 88:19 122:6 162:15 225:5 230:19 234:19 237:8 243:19 252:5 256:6 269:21 273:3 279:4 282:21 286:16 289:12 298:8 300:3 304:20 308:3 livestock [i] 210:13 Livingston pj 4:8 lobby [i] 227:20 local [4] 221:17 222:13 223:8 224:6 locate pj 95:4 148:21 160:12 160:19 162:20 163:10 244:6 location [ij Lombard pj 2:3 2:19 17:18 1:14 longer pj 32:12 146:5 205:18 look [49] 13:12 45:11 48:20 65:5 70:4 71:13 71:20 72:14 72:16 73:3 73:12 88:6 88:7 35:21 55:19 71:6 72:9 73:1 73:21 88:12 99:19 105:16 108:15 109:16 109:17 113:12 114:12 141:11 143:19 150:13 153:8 159:17 170:6 187:2 190:18 225:10 237:12 252:9 256:10 266:1 273:15 279:8 286:20 289:18 298:13 305:2 305:2 308:17 326:5 looked PI 14:21 55:21 124:21 172:20 238:20 301:1 301:6 301:12 314:5 looking [g] 102:4 106:11 122:19 175:3 195:12 210:6 212:9 267:1 looks [9] 41:12 46:15 62:18 80:21 150:20 168:19 187:12 188:11 216:2 losepj 117:14 lots [1] 195:4 loud pj 175:7 Louis pi 278:21 lunch pj 113:15 114:1 134:13 135:4 136:11 170:4 luncheon [i] 134:18 Lutz pj 314:21 315:5 Lynne [l] 4:8 M[i] 3:2 M.D [l] 282:17 machine p] 114:8 114:4 Mackie [i] 3:9 Madam [i] 46:6 Madison pj 11:13 17:19 magazine p] 55:4 55:11 102:15 103:3 103:20 238:8 290:15 291:1 magazines pj 55:14 290:6 291:11 mailp] 292:5 maintain [i] 334:14 maintained pj 6:18 21:20 major p] 208:9 225:20 274:7 makes pj 106:10 285:17 294:9 man [i] 30:10 manage [i] 23:18 managed [t] 18:13 manager pi] 18:8 18:17 19:15 19:17 20:17 20:21 22:3 18:6 18:20 20:6 21:4 managing [i] 18:11 Manfred [S] 164:4 164:7 168:12 186:19 216:7 243:13 278:18 342:15 manifestation [i] 256:17 manner [i] 301:11 manual pj 336:11 manufacture [i] 129:14 manufacturer pj 145:11 323:12 manufacturers pj 38:14 39:1 145:21 145:21 146:4 170:10 170:11 314:16 manufacturing p] 215:4 271:20 296:2 Marc pi 2:14 4:16 March pj 1:12 200:16 304:9 305:21 340:17 341:2 mark [i9j 2:5 4:12 25:9 35:13 41:2 58:12 62:4 86:15 93:9 97:11 103:9 107:21 120:10 137:2 141:2 164:21 186:11 236:18 288:18 marked [92] 13:5 13:7 25:11 26:5 35:15 35:18 41:4 lead's - may 41:7 45:1 52:3 58:14 62:6 68:18 68:19 80:11 86:18 97:13 97:15 103:11 104:15 104:17 108:2 108:4 112:16 112:19 120:12 120:15 137:4 137:7 141:4 141:7 143:11 143:14 147:7 147:10 150:5 150:8 152:9 152:15 153:7 154:21 155:2 165:2 165:5 168:8 168:11 186:13 186:18 190:9 190:12 195:15 195:18 200:11 200:14 207:4 207:7 213:11 213:14 224:17 224:20 230:11 230:14 234:10 234:13 236:20 237:2 243:8 243:11 251:17 251:20 255:12 255:15 269:13 269:16 272:13 272:16 278:13 278:15 282:7 282:15 286:8 286:11 288:20 289:2 297:21 298:2 304:2 304:4 307:13 307:15 315:14 315:17 market p] 50:14 114:20 115:11 marketing [i] 215:4 markets [i] 306:8 Marks PI 289:7 Maryland [is] 1:1 1:15 1:20 2:3 2:13 2:20 3:7 3:10 135:14 249:21 250:9 253:3 253:6 253:15 253:20 254:7 340:1 340:4 Massachusetts p] 2:6 matching j ij 119:2 material p] 92:21 218:13 297:7 materialized [i] 321:19 materially pj 253:3 materials pj 48:2 194:4 213:3 213:17 226:4 252:21 290:7 307:19 309:7 mathematical [i] 320:17 matter pj 4:3 11:2 68:7 77:6 90:2 172:21 219:13 matters [4] 14:8 221:5 maximum [i] may [78] 7:17 28:6 35:19 39:12 40:7 42:8 60:3 73:19 74:9 79:11 93:13 105:5 108:7 108:20 109:1 114:18 118:6 13:18 238:21 296:20 14:11 39:4 42:3 72:17 75:9 99:19 108:18 110:11 120:18 Index Page 13 MCA - never 122:13 124:19 125:11 126:7 128:5 130:13 130:13 132:5 133:8 141:21 144:9 151:6 152:5 152:5 156:11 59:17 162:7 173:12 .78:10 182:15 182:15 183:16 189:16 195:5 195:6 198:16 200:5 205:7 206:16 207:19 222:18 226:7 238:1 251:1 261:5 264:18 265:16 267:3 275:7 275:9 276:8 280:20 289:16 295:5 295:8 295:10 299:14 299:18 315:11 316:1 316:10 327:18 MCA pj 271:19 271:13 mean psi 24:19 34:9 34:11 59:12 146:16 178:14 181:3 205:3 215:13 242:13 247:15 295:5 295:8 310:2 311:16 337:4 means p6j 35:3 61:18 62:1 171:16 183:2 185:14 192:19 223:4 226:13 245:20 247:13 247:20 294:1 295:2 300:14 303:8 meant p2j 60:12 64:7 64:14 110:7 118:13 198:20 199:5 204:12 210:18 211:6 49:2 253:10 meantime m 170:14 measure [ij 200:7 measures pj 166:16 183:2 191:17 measuring [i] 172:2 meat p] 294:7 medical pi] 34:19 34:21 42:14 43:11 43:14 44:11 44:12 56:6 56:8 74:4 74:19 75:4 77:7 93:2 94:2 94:12 94:15 95:4 95:10 100:4 100:9 100:14 100:15 110:18 121:15 122:15 124:15 140:10 140:18 142:13 162:2 171:15 191:16 192:16 192:19 193:15 194:14 195:7 199:13 212:8 236:5 236:11 236:14 255:21 267:8 281:6 295:21 324:16 336:21 337:8 337:14 Medicine i2] 325:5 325:9 meet [4] 15:18 16:20 123:19 311:4 eeting psj 35:19 1:10 52:8 52:16 52:18 53:1 69:1 80:15 87:2 104:20 108:18 120:16 141:9 155:5 156:1 156:8 'ndex Page 14 165:7 195:20 230:16 243:14 256:3 278:21 304:11 341:9 341:10 341:11 341:12 341:15 341:16 341:17 341:18 341:20 342:4 342:6 342:12 342:13 342:17 343:4 meetings [8] 17:5 39:1 53:8 53:13 156:9 17:3 45:9 97:18 meetings' p] 108:7 member ps] 154:3 154:7 155:19 156:16 156:20 157:2 157:5 181:13 196:10 196:12 214:17 216:9 216:12 216:17 217:1 217:6 217:10 217:13 218:2 218:6 238:17 311:12 313:18 313:20 314:3 325:16 326:13 326:17 327:15 328:19 329:5 329:11 329:20 330:4 331:7 331:12 331:20 332:3 members [69] 28:13 28:15 28:15 36:12 36:13 42:16 42:18 50:19 51:13 51:20 52:17 52:20 52:21 53:3 53:7 53:8 53:13 53:14 53:16 62:12 62:20 67:6 68:11 87:2 103:15 112:20 120:17 129:13 130:20 130:21 131:16 132:3 133:6 133:19 134:3 145:16 145:21 156:8 166:5 168:13 190:14 200:15 201:1 201:8 207:9 214:12 225:1 233:14 237:4 238:16 239:3 239:10 239:16 255:16 289:4 293:5 325:13 327:8 341:14 342:3 342:4 342:14 342:16 342:18 342:19 343:3 343:6 343:9 343:15 members' pj 128:20 335:10 335:17 335:18 membership [3] 28:11 129:12 329:10 memory pj 16:21 54:18 148:19 196:11 196:14 334:2 335:13 mental pj 281:2 148:13 mentally pj 275:10 276:9 mention p] 65:12 106:3 193:12 mentioned [2] 170:4 170:5 merged [i] 196:16 merger pj 197:3 196:20 merits pj 117:17 Multi-Page TNI 118:1 messages [2] 292:6 292:11 metp] 16:10 16:18 59:13 161:10 312:7 312:11 315:11 metal [i] 34:5 metallurgy pi 13:3 Metals pi 37:18 method pi 300:19 172:8 methods pj 195:6 172:6 Metropolitan [ij 3:3 Miami p] 12:13 12:13 MICHAEL [ij 2:15 microfiche pj 31:9 microfilm p] 6:18 29:9 31:8 microfilms [ij 31:10 mid [io] 103:4 177:19 178:5 324:20 325:19 334:18 335:5 337:1 337:17 337:17 middle [4j 30:2 245:18 292:15 318:11 midway pj 175:5 might [] 99:8 218:16 240:21 265:8 301:15 333:4 million p] 306:7 292:6 mind p] 45:18 76:14 109:19 184:4 213:1 224:9 275:7 minds p] 222:16 miner [i] 114:20 miners p] 51:4 50:21 minimal p] 256:16 257:11 258:1 258:13 259:5 260:4 260:18 minimize [4] 213:16 226:4 252:20 307:18 mining p] 37:13 38:18 51:13 85:3 157:5 37:6 39:2 140:1 Minneapolis p] 2:17 Minnesota pi 2:17 minor p] 12:17 117:4 184:20 minute pi 83:13 83:14 162:6 163:1 194:6 minutes psj 6:16 14:21 31:13 35:19 45:9 52:8 80:16 87:1 97:18 104:20 120:17 141:9 71:10 111:8 163:13 6:15 21:3 41:10 69:1 89:11 108:7 155:5 165:7 195:20 230:16 254:16 304:11 304:12 341:17 mischaracterization [9] 43:19 247: 254:16 275:17 276:2 276:4 277:8 296:16 317:8 mischaracterize p] 184:21 mischaracterized p] 131:3 mischaracterizes p] 145:20 mischaracterizing p] 61:14 275:20 misconceptions [4] 210:16 211:8 211:15 212:3 mislead [4] 94:10 101:9 255:6 263:19 misleading p] 93:19 101:4 125:21 126:12 183:15 183:17 183:19 269:4 missed pj 188:1 102:20 missing pj 141:19 142:1 157:14 157:17 244:1 244:2 misstatements p] 210:17 211:8 211:16 212:3 misstates pj 43:19 126:11 129:21 131:17 132:8 132:8 263:16 misstating p] 125:21 mistaken pj 157:11 misunderstand p] 72:19 mixing p] 119:2 Modern p] 201:14 modification p] 245:19 246:6 247:1 247:12 247:19 248:5 modified pj 240:17 241:3 moment p3] 26:6 45:11 143:19 150:13 165:15 207:20 273:15 308:19 13:12 142:7 153:8 213:7 338:7 money pj 159:10 235:18 276:21 292:20 296:11 monies p] 206:5 monitoring p] 337:14 month pi 16:7 16:7 16:9 16:9 210:12 212:18 Moore [i] 314:14 morning p] 9:1 9:2 182:7 most [20] 14:1 48:1 114:19 160:1 160:6 169:5 173:5 174:6 175:15 182:21 185:13 191:9 201:7 201:19 221:10 222:12 235:16 275:8 284:19 294:5 mostly [i] 139:3 mother pj 69:16 motion p] 303:20 136:1 motions p] 10:7 5:19 mountain p] 69:18 move pj 68:14 77:2 91:15 119:15 127:6 271:12 303:18 moved [ij 190:5 moves [i] 208:20 MPVLAp] 168:5 Mrs pj 90:1 90:5 90:11 90:12 multiple p] 184:10 210:20 220:8 320:4 320:11 municipal pi 280:1 municipalities p] 226:12 287:11 mustp] 7:20 8:8 275:7 mutually p] 110:5 110:8 110:10 Myron pj 314:9 N-a-l-epi 315:2 N.Wpj 3:3 3:12 Nalepj 315:2 name ps] 9:3 9:5 9:19 20:13 24:9 36:10 46:17 81:17 81:18 164:4 164:6 194:10 215:19 215:20 216:7 216:15 291:5 310:10 named pj 194:11 194:12 323:10 names p] 20:1 214:14 314:5 national pi] 38:16 137:9 139:1 140:5 156:16 167:14 209:2 216:12 217:4 249:15 251:7 311:12 311:20 312:10 314:2 315:10 326:12 326:16 327:1 327:12 328:18 natural p] 82:16 nature pj 86:4 105:12 107:12 201:21 202:4 259:20 nearly pj 204:14 necessary pj 135:21 138:10 227:8 264:6 needp] 71:18 242:5 273:14 needs p] 318:15 neither pj 101:10 5:11 Nemours pj 216:16 never [22] 49:21 Evans Reporting Service 50:5 58:1 59:21 130:1 173:21 184:4 263:2 50:5 58:8 60:6 131:11 180:7 257:3 277:9 57:7 59:13 109:19 131:14 181:21 257:6 305:19 new p6] 2:10 2:10 8:5 8:11 10:2 11:13 11:14 11:17 13:3 21:20 23:3 24:8 25:7 172:5 208:17 226:10 229:7 229:10 229:17 233:15 233:16 235:6 240:13 240:15 241:19 245:19 246:7 247:1 247:12 247:19 248:5 287:11 290:5 325:5 325:9 339:11 newspaper [7j 123:13 191:11 204:15 204:18 210:12 212:17 294:7 next [36] 27:4 45:8 47:21 50:12 52:5 55:2 56:5 58:16 62:8 62:8 68:20 74:12 78:16 80:13 87:17 90:11 117:13 127:5 152:14 157:17 161:8 161:21 191:2 202:21 209:8 216:15 217:4 218:11 283:14 292:14 293:21 295:17 296:18 312:14 318:4 318:5 nice [i] 255:1 night [i] 144:12 nine [2] 89:5 106:17 Ninth [ij 2:16 NL[i] 5:10 NLI [2] 137:14 316:2 nod [2] 10:7 271:9 NOLAN [ii 2:15 None [i] 146:2 nonferrous [ij 292:16 nonresponsive [i] 303:18 nontoxic [2] 335:10 335:19 nonvoting [i] 28:13 nor [8] 68:9 68:10 131:15 131:15 145:12 340:13 340:13 340:14 North [ij 3:9 Notary [2j 340:3 1:16 note [3] 27:8 89:4 283:10 notes [i] 122:18 nothing psj 82:3 92:14 129:10 131:9 152:5 173:2 183:5 228:7 239:6 333:6 8:18 99:6 152:1 178:7 232:1 notice [ii] 13:8 13:9 13:11 13:16 14:2 14:8 39:8 52:15 221:9 260:4 341:7 notified [i] 182:8 November [2j 11:20 26:21 now [79] 11:9 13:9 23:12 23:15 25:3 29:21 41:6 42:11 47:21 49:6 58:16 62:4 68:13 70:6 76:5 80:13 93:15 97:15 98:15 104:17 108:4 110:1 112:18 120:14 128:8 130:15 137:6 141:6 143:13 147:9 150:7 152:15 155:2 160:10 163:4 165:4 168:10 172:8 176:7 176:7 182:18 186:18 190:11 194:13 200:13 205:8 207:6 213:13 224:19 230:13 234:7 234:12 237:1 238:2 238:8 243:10 248:13 250:17 251:19 255:14 256:11 268:11 269:15 272:15 275:19 278:10 282:14 284:3 284:9 286:10 287:7 289:1 305:17 305:18 307:15 312:14 315:16 320:3 321:6 now-members [1] 43:4 NPVLA [i] 287:9 number [i56j 4:5 13:4 13:8 16:17 25:10 26:5 26:15 26:19 27:3 27:10 35:14 35:18 36:6 39:9 39:20 41:3 41:7 44:21 46:16 47:12 52:2 54:3 56:5 58:13 58:21 62:5 62:14 68:17 80:10 82:2 86:17 87:4 87:6 87:7 87:8 97:12 97:16 98:3 98:15 103:10 103:17 104:14 104:18 108:1 108:5 109:4 112:15 112:19 114:2 114:19 116:20 117:13 120:11 120:18 121:10 128:9 137:3 137:7 137:13 138:7 140:8 141:3 141:7 143:10 143:14 143:17 147:6 147:10 150:4 150:8 152:8 152:16 153:7 154:20 155:3 157:18 157:20 162:2 165:1 165:5 168:7 168:11 168:21 177:1 182:18 186:12 186:19 187:11 190:8 190:12 191:8 195:14 195:19 200:10 200:14 203:1 203:9 204:14 207:3 207:7 208:8 209:8 210:11 212:12 212:13 213:10 Multi-Page TM 213:14 214:2 224:16 224:20 230:10 230:14 230:21 231:2 233:15 234:9 234:13 235:3 235:18 236:19 237:2 238:6 243:7 243:11 251:16 251:20 252:15 255:11 255:15 265:12 266:8 266:14 269:12 269:16 272:12 272:16 278:12 278:16 282:6 282:15 286:7 286:11 287:6 288:19 289:2 297:20 298:3 298:17 299:5 304:1 304:5 307:12 307:16 309:9 315:13 315:17 numbered [5] 27:4 52:5 58:16 62:9 80:13 numbers pj 41:8 45:16 192:21 244:13 275:6 numerically [ij 244:9 O'Brien [i] 5:12 object [96] 32:6 32:8 39:14 43:18 49:11 56:13 60:13 61:15 63:7 64:16 65:8 67:18 68:2 68:5 73:20 74:14 76:10 78:5 81:9 85:19 91:16 92:6 92:13 93:5 93:6 93:10 93:18 95:12 97:6 99:2 99:5 99:7 104:3 104:6 105:19 106:2 106:21 116:14 116:16 125:20 126:10 129:20 132:13 133:11 136:5 142:18 143:1 151:7 170:1 177:20 179:15 181:2 181:19 183:4 186:2 194:16 199:10 231:15 241:9 242:1 242:18 242:19 246:8 247:5 248:7 248:9 249:5 249:20 250:2 251:10 256:21 257:14 257:15 258:16 259:7 260:8 263:14 266:18 274:16 275:15 276:10 281:4 281:7 294:17 301:8 303:6 303:10 303:20 311:15 318:7 319:2 324:3 331:2 334:10 335:21 338:3 objected [ij 63:17 objecting [ij 250:21 objection [324] 14:9 16:4 16:12 21:13 25:14 25:21 28:8 28:17 29:11 29:20 31:21 33:9 34:6 34:10 34:14 35:11 37:7 37:8 39:3 39:16 40:9 40:18 43:2 43:6 43:17 44:14 44:17 44:18 46:21 47:1 47:8 47:9 47:19 48:9 Evans Reporting Service 48:18 49:10 49:12 49:20 51:7 53:5 53:9 54:17 54:21 56:12 57:10 58:4 60:15 63:1 63:9 64:19 65:3 65:3 66:12 75:1 75:16 76:12 76:20 76:21 77:8 77:9 77:17 77:18 78:6 79:19 80:3 81:6 84:16 84:17 85:1 85:5 85:8 85:9 85:15 85:19 86:5 88:1 88:2 88:3 89:3 89:8 89:11 89:12 89:15 92:5 92:11 93:17 95:19 100:18 101:3 101:17 101:18 102:19 103:5 104:9 106:8 106:11 107:20 109:20 110:9 110:14 111:4 112:3 112:11 115:2 115:16 117:7 117:8 118:2 118:15 119:1 119:15 122:7 122:8 125:6 126:8 126:21 127:6 128:18 128:19 128:21 129:3 129:7 130:6 131:2 132:7 133:10 134:7 139:8 139:9 140:2 140:6 145:19 146:15 148:9 150:21 151:18 152:4 154:1 155:20 156:10 156:14 158:20 159:4 159:12 160:3 160:8 161:17 162:9 162:18 163:14 163:19 166:6 167:6 167:7 167:19 169:8 172:16 173:9 174:9 176:6 177:17 178:1 178:6 178:8 179:14 179:20 180:2 180:14 181:3 184:5 185:18 188:6 189:11 192:4 193:20 194:15 195:2 196:13 196:13 196:17 198:21 199:16 201:3 202:1 203:19 205:3 206:13 206:14 208:13 209:4 209:17 210:19 211:12 211:20 215:6 215:10 216:20 217:21 219:7 220:11 220:18 220:18 221:20 221:21 222:15 223:10 223:13 223:17 224:8 226:18 227:10 228:1 228:19 229:3 229:15 230:8 232:11 232:12 232:18 233:12 234:5 236:8 239:4 239:13 241:8 241:10 245:14 246:10 247:6 247:16 249:9 249:18 250:11 250:12 251:12 253:11 253:21 257:18 258:15 259:9 259:12 260:7 261:1 261:2 261:5 262:11 263:13 268:17 268:19 269:3 269:7 270:14 271:3 271:7 274:2 274:3 new - once 274:18 275:16 276:11 277:6 277:9 277:16 277:18 280:4 280:15 281:14 283:8 285:4 285:20 285:21 287:19 288:4 291:17 292:12 293:6 293:15 293:18 293:19 294:19 296:15 297:5 297:16 302:3 302:13 306:10 317:5 317:7 318:21 319:13 320:14 320:15 322:11 322:12 322:18 323:2 323:5 323:6 323:15 323:17 324:9 324:18 325:17 325:21 326:19 327:16 329:7 329:8 331:9 331:14 332:1 332:10 332:16 334:10 334:16 335:3 335:12 335:20 336:8 336:15 336:19 337:3 337:18 338:5 338:14 objections p] 5:13 5:19 6:7 6:7 82:14 87:14 87:16 87:19 89:1 132:14 249:21 250:4 250:10 250:12 250:16 250:19 250:20 251:1 322:15 obtain PI 12:9 12:14 12:19 obtained pj 192:10 284:14 285:2 obtaining [i] 43:16 obvious pi 129:21 126:1 obviously pj 182:20 182:21 184:7 194:1 281:6 occasions [4j 9:8 15:20 17:2 220:2 occupational [2] 119:19 160:16 October [8] 97:18 98:7 102:12 175:3 317:21 45:10 101:21 269:18 off [16] 33:19 33:21 81:2 111:12 111:14 174:1 198:2 221:12 243:3 279:11 282:8 282:10 305:5 316:17 326:7 339:7 offer [2] 90:8 90:9 office [5] 16:2 16:11 21:21 55:17 123:12 Officer [ij officers [ij offices [3J 2:2 25:6 offset pi 255:21 15:12 1:13 117:16 often [4] 210:17 211:8 295:2 306:5 Ohio [i] 188:20 Old [2] 17:9 67:1 olderp 216:4 273:19 oncepj 172:10 Index Page 15 one - person one [102] 6:7 8:7 9:20 20:2 34:14 35:5 38:11 40:20 44:16 49:15 55:15 64:5 66:15 69:19 9:19 70:8 72:8 ,3:6 76:9 76:19 79:16 80:1 80:16 83:3 91:3 97:10 98:13 98:19 106:18 111:8 113:16 114:5 115:3 122:11 125:1 126:5 129:1 137:17 138:6 146:19 149:15 151:10 151:16 156:4 160:6 164:10 164:21 166:16 167:2 167:2 167:8 168:2 170:9 172:6 179:3 180:19 184:17 193:3 194:10 195:5 208:8 214:21 219:6 219:17 219:21 223:1 227:17 227:19 233:20 239:5 239:14 246:16 251:3 259:12 264:7 264:19 265:15 266:3 266:6 267:6 268:9 271:21 277:4 277:7 277:13 281:15 284:10 285:15 286:4 290:6 300:8 303:1 309:17 317:15 322:4 327:11 328:10 328:21 329:13 331:19 333:20 338:7 one-third [ij 296:20 nerous pj 295:3 .96:3 296:13 ones [4] 129:15 206:11 285:9 325:2 open pi 27:21 28:2 339:1 opinion [4] 198:14 216:4 281:5 286:4 opportunity [i7] 70:9 71:11 90:10 90:16 151:15 185:6 70:10 73:21 90:14 90:19 152:20 270:15 71:1 88:6 90:15 104:5 165:14 opposed [ii] 43:15 43:15 175:18 228:6 254:7 254:13 275:13 5:20 172:14 254:2 254:15 opposing [2] 253:2 253:15 opposition [2] 253:19 254:19 order [8] 6:10 6:11 23:21 67:21 68:3 68:6 68:7 141:20 ordinance [6j 288:13 332:7 332:14 332:17 333:8 334:5 epi 38:18 organization [ii] 7:13 78:1 129:12 204:1 233:11 234:6 291:3 300:11 302:19 ndex Page 16 306:15 317:13 organizations p] 233:16 295:21 296:7 301:13 317:16 317:17 324:14 organizing pj 158:12 origin [i] 64:1 original [ij 144:5 originally [i] 7:6 Orleans pi 10:2 otherwise [ij 27:20 ought [4] 34:15 152:10 185:8 261:18 ounce [4] 79:11 125:1 126:18 128:5 outbreak [i] 64:13 outcome [4] 110:4 166:11 208:20 340:15 outfit [l] 203:15 outlet [4] 51:1 51:6 51:13 160:7 outside [l] 232:13 outstanding [i] 50:14 overall [ij 191:15 overbroad pi 95:13 Overruled pj 174:18 overstatement pj 301:10 own pj 81:11 81:12 88:8 126:6 129:14 oxide p] 146:13 146:9 p.m[2) 134:20 339:16 page [iso] 27:4 27:4 28:11 36:10 39:7 39:19 41:13 41:21 45:19 46:16 47:21 52:9 52:15 54:3 56:5 69:19 78:16 80:17 83:10 87:4 91:7 91:18 97:19 98:2 98:9 98:15 103:17 104:21 105:8 108:8 109:5 113:3 117:13 127:16 137:14 138:6 138:12 138:14 138:14 138:16 140:8 141:10 141:17 141:19 145:1 145:8 145:8 147:13 149:2 150:11 151:9 153:13 155:7 155:15 157:8 157:10 157:12 157:14 157:17 158:3 159:16 161:8 161:20 161:21 165:8 165:19 165:20 168:14 175:4 175:5 176:8 186:21 187:8 188:17 190:15 191:1 191:2 196:6 196:19 197:19 198:8 200:18 202:12 202:21 207:10 208:2 209:8 213:21 218:11 225:2 225:15 230:17 231:11 234:16 235:3 237:5 238:5 238:6 238:15 238:16 243:15 244:3 244:6 Multi-Page TM 244:9 244: 16 245:9 245:17 252: 1 252:14 255:17 267: 12 269:18 270:5 270: 15 272:19 273:11 279: 1 279:18 280:18 281::9 282:18 283:14 285::7 285:8 285:11 286: 13 287:6 289:5 290::4 292:14 292:14 298 :6 298:18 299:5 304 :17 306:12 307:21 308 :12 309:8 310:6 312 :14 316:1 318:4 318 :5 321:21 323:1 341 :3 341:6 342:2 343 :2 pages [to] 78:12 142:2 144:2 159:17 244:8 290:1 305:12 318:1 321:11 321:18 paid pj 235:17 312:21 paint pos] 39:1 46:20 47:7 47:16 48:3 49:17 50:14 50:15 54:15 56:2 58:2 67:20 68:1 68:8 68:8 82:3 82:9 86:4 92:14 99:6 102:8 106:3 116:21 117:3 117:9 117:15 125:4 128:17 128:20 129:13 130:10 130:11 132:4 132:16 132:19 133:20 145:12 145:17 167:14 172:14 173:3 173:8 174:8 178:7 179:21 181:18 183:6 183:9 183:12 189:15 201:21 202:5 203:12 208:19 209:1 209:2 209:10 209:12 209:20 216:8 216:12 217:19 217:20 218:5 219:5 220:10 221:5 230:7 233:11 234:1 234:3 240:13 242:17 245:20 246:7 247:2 247:12 247:20 248:6 249:15 251:7 277:5 277:15 278:10 284:15 285:3 292:11 296:1 311:13 311:19 311:20 312:10 316:21 317:4 319:11 319:16 320:4 321:17 323:11 332:8 332:14 333:7 335:18 336:13 338:1 painted [i] painting [i] paints p4] 119:12 133:7 134:4 146:8 146:14 146:17 147:4 160:2 169:7 170:11 208:16 226:7 226:17 226:21 233:8 240:16 241:2 241:6 242:6 287:8 291:16 334:6 paper pj 219:19 336:11 117:4 134:4 146:12 147:1 160:7 175:18 226:14 227:5 240:21 241:20 287:14 338:12 42:10 259:13 259:15 315:18 papers [2] 15:6 15:1 paragraph [72] 43:8 55:2 56:19 64:6 66:15 66:16 67:4 78:17 79:7 79:10 83:14 83:17 99:13 99:15 99:18 100:3 100:13 100:19 100:21 101:1 105:17 106:20 109:8 110:1 123:5 127:17 127:17 138:12 138:20 145:9 148:3 149:8 161:9 166:10 167:20 167:21 176:21 183:10 183:12 184:18 184:21 185:3 185:7 185:9 185:11 185:19 185:21 188:18 191:8 198:9 206:15 231:14 231:19 245:19 265:13 266:15 267:12 268:4 275:17 280:18 283:15 284:7 285:14 292:4 292:15 293:21 294:16 295:11 295:12 295:17 306:4 309:16 paragraphs pi 231:20 parallel pj 155:8 paralysis pi 280:21 parentheses p] 218:21 parents [i2] 191:21 193:11 193:12 193:13 194:3 194:5 195:4 280:10 191:16 193:11 193:18 194:13 park p] 2:9 219:14 part [30] 43:9 76:6 94:1 102:20 102:21 122:21 123:2 154:14 161:9 193:10 193:17 226:9 229:9 268:21 274:12 288:9 289:17 300:13 314:8 321:8 56:15 94:8 117:20 134:10 191:20 204:20 239:14 281:5 289:19 314:9 partial [2] 120:1 119:16 partially [i] 206:15 participant [i] 249:11 participating pi 335:1 participation p] 253:19 particular [is] 108:21 160:11 166:4 172:11 188:3 199:11 250:15 289:17 302:16 325:16 78:9 165:20 179:11 233:18 301:14 particularly [i] 294:5 parties [2] 340:14 340:13 parts [8] 121:17 125:10 144:2 172:2 205:5 210:20 214:6 305:10 party p] 222:17 224:10 party's [U 51:8 pass [8] 71:4 71:19 72:5 72:21 89:5 91:13 108:16 239:16 passed [3] 70:21 91:4 227:15 passes [i] 123:12 passing m 312:20 73:8 past [5] 5:18 105:14 107:15 174:5 174:13 paste pj 117:2 Paul p] 3:8 4:20 pause [27] 159:19 165:16 187:15 203:5 208:5 225:11 237:13 237:17 252:10 256:12 270:17 273:7 286:21 290:2 305:4 305:8 318:6 338:8 159:3 169:2 208:1 232:6 245:2 266:10 279:10 298:21 308:20 pay p i 325:13 PBp] 218:19 pediatricians [2] 195:7 235:7 Pediatrics pj 192:15 213:18 241:13 249:12 307:20 pending [i] 303:19 Pennsylvania PI 2:12 people [14] 18:13 18:15 66:6 115:17 129:8 192:19 235:15 235:20 291:7 14:11 62:2 125:17 195:6 241:14 per [5] 68:9 68:10 172:2 210:12 212:18 perceived pi 51:12 percent [i2] 84:4 84:14 85:12 218:19 220:12 233:8 284:12 334:7 47:17 85:4 220:7 240:20 percentage m 51:19 320:5 320:13 perfect [ij 87:21 performing p] 291:13 period [20] 21:19 32:18 33:14 40:4 160:15 161:1 172:9 186:15 258:21 259:1 259:4 302:8 324:20 20:1 32:20 125:13 163:21 221:3 259:2 321:14 permanent p] 280:20 permanently [2] 275:10 276:8 permissible pj 296:20 permitting p ] 240:20 person^) 13:21 36:11 36:11 60:3 Evans Reporting Service 220:20 personal [21 28:19 313:3 personally pj 13:17 48:10 340:5 personnel [2] 310:9 312:16 persons [ij 67:3 persuade [i] 287:10 persuading [>] 288:1 pertain pj 29:10 pertained [i] 31:12 peruse p] 113:17 Peter pi 1:13 2:2 phase [i] 158:13 Philip {2i 5:7 2:8 phrase [8] 64:7 78:21 126:18 198:9 199:5 211:6 241:16 253:10 phrased [ij 50:3 physicians pi 259:15 259:16 Picherpi 38:6 pick pi 318:11 picture p] 171:18 pieces pj 115:19 212:8 321:14 pigment pj 38:15 47:14 50:15 68:10' 116:21 131:15 pigments pi 85:11 129:10 132:9 132:11 218:21 323:14 Pintapj2:5 pipes pj 57:4 PL [2j 145:8 214:10 place [8] 101:8 190:2 190:6 197:4 227:4 277:15 294:1 340:6 plaintiff p] 69:10 plaintiff's [sj 58:21 120:19 143:18 147:14 150:12 153:14 214:1 223:5 plaintiffs pi 1:6 2:4 7:20 48:7 162:14 1:3 4:10 149:14 plaintiffs' pj 15:8 59:16 81:15 106:16 116:5 136:12 136:19 plants [i] 295:7 playpj 229:13 played pi 230:1 pockets pj 292:21 293:4 296:11 Pogue [ij 3:2 point [14] 94:7 97:10 159:9 170:17 182:2 197:4 280:16 287:7 312:3 20:11 145:16 182:1 250:13 311:16 pointed [i] 182:9 poison pi] 225:18 240:16 241:20 242:5 280:2 280:11 315:21 133:20 241:3 242:6 280:14 poison-labeling [ij 208:15 poisoned [u] 56:18 66:6 129:9 169:5 172:12 173:6 280:20 56:11 66:10 172:10 174:6 poisoning [12S] 40:3 40:8 40:11 40:17 42:14 42:19 43:5 43:10 43:16 49:8 49:19 56:7 57:2 57:3 59:19 63:4 63:21 65:16 67:7 82:5 91:11 91:18 93:4 95:5 95:11 96:3 98:19 101:15 102:3 102:10 105:9 105:10 105:12 107:9 107:10 107:13 109:12 110:3 110:12 110:15 111:2 118:20 120:8 120:8 123:10 124:20 128:12 133:1 133:17 140:9 140:10 140:19 148:14 149:3 149:9 149:17 151:11 151:17 160:17 161:11 161:16 169:6 170:6 170:17 170:18 172:13 173:7 174:7 175:16 175:17 176:11 177:6 177:12 177:16 178:5 178:12 179:9 179:13 180:21 181:17 185:15 185:17 191:9 193:19 198:17 204:15 205:1 205:12 208:9 211:19 212:5 235:4 235:6 235:12 235:16 235:20 245:10 245:11 256:18 259:19 262:7 262:10 262:19 267:5 267:8 273:11 273:18 274:15 277:14 280:8 281:11 292:18 293:10 294:6 295:15 295:20 296:8 296:14 297:4 303:16 316:9 335:2 337:1 337:15 343:20 policies [i] 78:2 policy pj 32:15 33:8 57:7 57:21 166:12 32:13 33:16 166:1 Pophampj 2:16 Poppe pj 20:4 20:2 popular pj 162:21 162:7 Porter [i] 2:9 portion [3] 78:9 184:18 199:12 poses [l] 292:16 position [i4] 18:2 Evans Reporting Service Multi-PageTM 18:6 87:19 129:12 175:15 322:6 20:5 87:21 172:13 227:3 20:18 117:15 173:5 310:16 positions [2] 58:6 174:16 possess [i] 204:17 possession [6] 32:12 32:13 96:3 148:12 149:13 161:5 possible [8] 77:15 92:21 210:15 211:7 277:7 66:20 206:7 277:4 possibly pi 171:6 198:11 321:4 potential pj 77:14 133:8 184:16 275:8 295:9 302:10 306:4 potentialities [i] 302:5 Powder pj 314:7 Pratt pj 314:21 precautionary p] 282:16 287:13 343:13 precede pj 184:20 184:11 preceded [l] preceding pi 309:16 precisely m precludes [i] precursor [i] 189:20 150:19 200:7 306:6 190:3 predicted pj 270:12 270:20 prepare pj 15:13 15:16 235:12 270:6 14:15 72:17 prepared [4] 117:3 235:6 245:21 312:15 prerequisite [ij 228:7 present [i4] 23:11 36:10 38:21 155:15 156:6 156:6 228:12 267:2 329:6 17:4 38:7 156:4 196:6 322:5 presentation pj 255:19 256:2 267:11 presented pi 42:12 243:14 259:13 278:20 315:20 presenting pi 235:13 259:15 president [i] 22:14 prestigious [i] 302:19 Preston pj 2:12 presume p] 5:19 174:15 320:17 presumes [i] pretty [ij prevent pi 277:3 277:14 296:13 296:14 preventing [ij 65:11 216:2 79:17 296:3 277:4 prevention [4] 79:11 125:2 126:19 128:5 preventive [4j 183:2 185:14 275:5 275:19 previous [8j 78:19 122:11 125:1 133:12 159:16 184:10 271:21 320:8 previously pj 133:12 266:19 primary pi 84:13 84:3 principal pi 238:20 239:11 private PI 158:7 158:19 159:11 privately pj 42:15 problem p3] 63:15 67:14 82:4 98:19 101:15 102:2 129:6 161:11 171:11 191:10 194:18 222:4 225:20 226:13 242:4 273:18 292:16 293:3 294:10 294:11 300:19 320:17 321:9 problems p] 63:14 75:19 91:3 119:10 133:17 193:19 206:6 255:20 295:10 procedure pj 77:20 91:16 99:2 104:3 107:1 proceeding [i] 73:4 proceedings [2) 4:1 340:11 process [2] 253:15 81:6 produce pi 50:10 145:2 256:17 produced ps] 6:4 6:11 7:15 8:12 21:8 27:9 27:12 29:2 29:3 29:5 29:6 29:12 29:18 30:11 31:2 31:4 31:14 31:19 45:13 46:13 48:6 48:7 50:4 50:5 52:13 55:10 62:16 69:5 73:15 80:19 86:21 96:6 96:16 97:3 98:1 98:13 105:1 108:10 113:6 114:13 116:4 116:6 120:21 121:5 137:17 141:12 144:20 149:13 155:13 162:1-3 162:14 162:15 165:10 168:17 187:4 187:18 190:19 196:3 198:15 201:10 207:16 225:5 230:19 231:6 234:18 237:7 243:18 244:4 244:5 244:19 245:5 252:4 256:6 260:2 261:20 261:21 269:20 273:2 279:4 282:20 286:16 289:11 298:8 304:19 308:2 316:5 330:17 336:6 personal - properly product p6] 49:18 49:21 50:5 50:6 82:16 82:20 117:17 118:1 130:7 131:1 131:13 166:16 277:10 277:12 291:2 291:4 295:8 46:17 50:4 75:13 114:20 118:1 131:11 172:15 290:18 295:4 production m 6:21 29:16 30:9 products [36] 54:15 54:16 56:3 58:2 76:9 76:19 77:16 79:18 80:2 82:8 86:4 123:19 128:17 128:20 129:14 130:1 132:4 166:5 166:15 167:3 170:12 185:16 188:4 189:15 215:5 221:19 270:7 271:1 278:4 278:8 282:17 335:10 335:17 335:18 335:19 343:13 profession p>] 43:11 43:15 44:12 56:8 191:16 193:15 194:14 195:7 295:21 professional [i] 81:12 profits [ij program pj 112:2 112:5 112:21 157:9 335:8 335:9 293:16 43:10 112:10 158:4 programs pj 23:20 progress pj prohibited pi projects [4] 22:21 23:5 promise [i] promising [i] promote [i] 22:20 73:18 317:3 22:20 23:6 170:9 208:20 117:20 promoted pi 335:9 335:18 336:12 promotion [4] 112:21 114:17 117:21 336:4 promotional [2] 112:2 335:8 promotions [i] 335:17 promulgate [2] 246:17 288:13 promulgated [4] 222:14 224:7 232:9 300:10 promulgates pi 238:18 promulgation m 301:2 promulgations [i] 301:7 proof [l] proper pj 235:20 235:21 properly [ij 333:17 30:7 21:5 Index Page 17 Hoperties - removing properties [i] 291:12 quartern] 287:10 proposal [3] 240:15 302:7 305:10 Proposed [i] 252:16 'roprietary pj 256:1 /otect [2] 126:6 126:5 protective pj 191:17 prove pi 162:5 94:14 providers] 70:21 72:8 81:7 90:16 105:21 301:16 quarterly [12] 234:14 251:21 269:17 272:17 286:12 298:4 343:5 343:8 343:10 343:11 343:14 343:16 quarters p] 198:10 198:20 199:7 Queensland [i4] 149:4 149:10 149:18 151:11 151:17 262:10 262:19 263:9 263:18 264:3 264:9 265:15 315:20 316:20 provided [2] 99:11 233:11 providing pi 99:3 104:4 106:17 publiepi] 1:16 27:16 57:8 94:3 117:17 117:21 124:7 124:10 158:7 158:19 159:10 160:17 161:12 161:15 162:8 164:19 192:11 215:2 215:9 215:14 293:11 294:8 294:10 302:7 302:11 302:16 306:14 307:3 336:17 337:7 340:3 publication [4] 54:4 290:11 290:15 336:11 publications pi 202:15 publicity [27] 40:3 67:8 75:11 79:12 9:17 80:2 125:2 125:5 126:19 128:6 128:9 132:5 133:8 166:4 183:1 185:14 191:10 208:10 210:11 212:8 225:21 275:9 275:13 292:6 294:2 294:11 296:12 publicly [l] 58:1 publish pi 107:17 54:6 questioning [i3] 65:20 67:19 71:21 72:2 72:13 72:15 73:4 73:20 88:15 105:20 109:21 181:20 199:11 questions [is] 7:15 10:18 11:2 18:11 49:13 62:3 72:17 90:19 91:14 99:3 104:4 123:9 333:2 338:17 338:18 338:20 339:3 339:9 quick [i] 225:10 quickly [i] 10:5 quite [2] 233:4 301:1 quote [l] 79:8 quoted [l] 126:18 quotes p] 208:12 210:4 228:18 R[i] 2:15 R.J [l] 216:8 R.L [l] 311:6 raise [2] 8:5 199:15 raised [2] 322:15 76:18 range pi 96:16 16:8 ratepj 210:11 rather [ij 207:21 published [4] 55:5 102:16 201:14 202:17 publishing [i] 55:7 pull [ii 127:13 purported p] 327:17 329:10 purporting p] 328:11 purposepn 44:ll 67:3 112:9 112:12 158:10 158:18 159:10 179:7 221:17 271:14 335:1 purposes [4] 5:14 222:14 250:10 289:18 put [18] 192:15 213:7 242:5 60:4 291:10 339:7 64:19 208:12 228:17 242:6 290:13 297:15 87:12 210:4 235:14 254:12 290:16 297:17 qualities pj 123:15 quantities pj 256:16 reached p) read posj 46:8 46:9 64:7 65:5 67:21 79:9 86:12 86:13 99:15 99:17 105:18 106:20 109:13 121:12 122:17 123:4 123:8 123:16 127:18 129:5 130:4 132:15 138:7 138:8 142:20 144:2 151:8 153:1 162:11 165:14 165:18 165:19 166:20 169:1 180:10 180:12 185:3 185:6 185:10 188:11 191:2 191:3 200:1 201:18 202:2 202:3 222:19 40:1 50:18 66:18 83:14 98:21 100:2 107:6 121:18 123:7 124:3 130:3 138:2 142:7 144:8 162:10 165:15 166:9 175:6 184:17 185:8 189:4 197:21 201:19 203:2 ndex Page 18 Multi-Page TM 203:7 207:20 214:5 218:12 219:1 231:18 231:19 231:20 242:10 242:13 248:18 254:6 267:3 270:15 273:14 273:16 283:4 283:12 283:15 283:20 284:3 284:18 284:19 287:2 295:13 296:9 305:10 318:3 321:6 321:21 322:10 322:13 336:16 339:12 339:13 reading [20] 45:18 64:20 98:16 99:21 107:2 107:5 151:10 154:13 158:21 159:1 159:18 163:3 166:10 184:7 188:5 191:5 242:11 264:8 322:2 322:17 reads [S] 158:4 161:9 182:19 252:15 318:8 ready p] 33:18 90:21 152:14 realpj 193:1 realize p] really p] 60:21 61:2 171:7 193:7 285:14 307:6 58:10 16:20 142:14 224:12 reams pj 125:2 126:19 reason pi] 81:10 140:12 195:10 232:11 326:11 327:14 328:17 79:11 128:5 27:19 195:3 238:10 328:1 reasonable p] reasons [S] 133:11 145:13 267:6 Reavis p] 91:12 114:16 146:7 3:2 receive pj 325:9 received pi] 6:17 14:20 133:8 153:21 171:2 173:6 204:16 7:18 6:15 57:2 169:5 174:6 receives pi 123:13 91:19 receiving pj 40:2 75:12 76:8 132:5 recent [i] recess PI 198:3 272:9 136:18 134:18 reclaimed p] 67:2 recognize poi 26:12 36:1 41:11 45:12 62:15 69:5 26:8 36:4 52:12 113:6 recognized [i] 245:11 recollection p] 289:19 recommendations pj 133:6 271:14 recommends p] 77:5 record [73] 5:9 9:4 21:15 33:8 33:19 33:21 34:2 35:18 41:9 45:9 46:1 46:9 52:7 58:18 68:21 69:9 81:2 81:4 86:13 87:1 87:12 89:4 96:8 97:17 99:10 103:14 106:10 107:7 109:4 111:12 111:14 111:19 113:14 119:5 126:6 126:9 130:4 133:14 135:1 136:14 137:16 166:9 180:12 185:3 185:9 198:2 198:5 199:14 200:1 221:12 243:3 243:6 244:14 250:2 250:17 254:5 255:8 264:20 269:9 272:11 279:11 279:13 282:10 282:12 283:11 284:3 304:12 305:5 305:7 316:17 322:14 323:4 340:11 recorded p] 340:10 records p7] 21:7 21:11 21:20 22:13 23:15 27:7 28:1 28:4 30:11 31:13 32:1 38:17 121:5 134: 10 206:17 221 1 330:16 330 21 21:4 21:18 23:13 27:15 30:11 31:17 121:2 145:3 249:7 refer p4] 26:11 27 3 36:9 39:7 41 13 56:19 83:10 83 14 103:13 112:13 121:14 159:14 165:13 168:20 191:1 197:8 202:12 207:19 213:2 214:10 238:5 257:2 279:18 3188::1 referee p] 167:15 reference pj 67:20 112:4 119:7 129:1 129:7 184:19 226:19 333:19 references p] 95:14 95:16 213:4 referred [7] 77:13 78:19 209:2 262:20 271:19 271:20 317:20 78:10 91:7 130:14 149:2 206:15 210:21 266:4 293:7 323:3 79:13 127:16 139:11 169:9 209:18 211:1 266:4 300:6 77:6 84:2 127:20 146:13 189:4 210:20 263:1 266:7 321:7 refers pj 184:7 265:15 309:17 refiner [ij 37:16 refining [7] 84:3 84:14 157:1 157:4 37:15 139:1 329:19 reflect pj 13:9 66:5 76:17 95:1 106:10 107:7 258:11 reflected p] 132:10 177:15 179:18 191:20 248:16 304:13 132:10 178:4 247:3 reflection pj 77:10 reflects pj 76:6 77:5 77:12 refresh p] 196:10 196:14 324:1 refreshes pj 289:19 refuse pj 72:7 88:7 333:2 refuses pj 81:7 refute [i] 282:2 regard [S] 70:16 106:3 198:11 199:8 267:7 regarding pj 40:3 86:7 337:15 Regardless [i] 277:17 regulation pj 245:20 246:7 247:2 247:13 247:20 248:6 regulations p] 208:16 287:13 288:3 295:3 296:4 296:14 301:2 301:7 regulatory p] 221:16 222:12 related p] 340:14 215:5 relates p] 61:4 70:17 93:13 239:5 297:6 relationship pi 74:11 74:17 relative pj 42:13 270:7 287:13 relevance [ii 104:7 relevancy [i] 239:4 relevant pj 169:14 16:20 relied pj 221:16 223:7 224:6 233:7 233:9 233:19 285:1 relies pj 222:2 rely p] 139:15 222:13 257:5 relying pj 294:15 remain p] 320:10 18:2 remaining [i] 113:15 remains pj 98:19 116:21 320:5 remember ps] 16:5 16:6 126:16 126:20 194:20 245:4 264:12 305:20 320:20 321:2 10:1 122:10 127:3 264:10 319:7 remove pj 170:11 320:8 338:1 removedp] 131:14 removing p] 128:16 Evans Reporting Service 170:10 renal [6] 198:12 199:9 199:17 263:10 263:11 265:16 reopen pi 8:8 7:21 repeal tij 227:20 repeat pi 41:16 63:18 106:7 126:10 163:8 239:8 39:18 75:18 152:13 rephrase [13] 37:5 44:9 126:13 131:6 211:2 211:21 247:18 251:1 11:3 95:1 159:5 222:10 259:21 rephrasing pj 131:8 131:9 report p2j 39:8 39:20 103:15 152:3 177:1 186:19 200:15 207:8 234:14 237:3 251:21 269:17 278:17 280:1 290:1 298:4 343:7 343:8 343:11 343:12 343:16 18:17 100:19 169:16 190:13 224:21 243:12 272:17 286:12 343:5 343:10 343:14 reported pj 18:19 63:5 178:12 1:15 64:1 reporter [i2j 10:8 10:19 46:10 86:14 152:18 157:21 200:2 231:3 4:6 46:6 130:5 180:13 reporting pj 4:7 20:8 20:12 1:19 20:10 reports [6] 65:15 151:11 151:16 168:21 200:21 341:19 represent [4] 70:12 70:15 216:6 311:20 representation [4] 8:4 85:4 85:12 264:21 representations pj 328:12 328:14 representative [2] 40:6 128:14 representatives [2j 229:17 271:13 represented [7] 36:20 84:4 84:14 203:10 209:11 209:16 210:1 representing^! 17:4 36:10 70:8 215:18 represents [i] 36:11 request m 69:9 75:11 142:12 235:5 6:20 91:12 339:3 requesting [1] 66:21 requests m 327:6 require pj 190:1 240:16 241:19 required [2] 334:6 58:3 requirement pj 227:15 270:7 270:21 requirements [2] 33:2 189:9 requires [i] 188:3 requiring pj 188:19 research psj 42:14 42:19 43:9 43:14 56:6 74:4 77:14 94:2 94:12 94:15 100:14 101:8 122:15 124:5 140:15 140:19 177:11 212:13 280:6 280:7 302:8 302:17 307:2 317:13 337:4 7:13 43:5 44:11 77:7 94:4 100:5 121:15 140:10 142:13 212:16 299:8 306:16 336:20 researchers pj 212:9 235:19 275:1 reserve [4] 7:20 8:8 5:20 338:19 reserved pj 250:4 250:13 250:17 reserving [i] 87:14 residential p] 219:15 317:4 332:15 334:6 338:1 338:12 219:13 332:9 336:13 residual m 213:17 226:3 252:21 307:19 resolved pj 167:16 89:17 respect p6] 33:8 67:19 176:7 185:15 224:7 229:20 250:1 265:6 295:11 331:5 33:6 133:1 221:18 241:6 280:13 336:20 respond p] 45:3 65:6 258:6 263:5 18:16 203:3 321:13 response [4] 148:1 193:7 193:8 266:3 responses p) 136:20 327:5 responsibilities p] 18:4 20:21 23:17 responsibility W 18:10 18:16 21:1 21:2 21:6 23:13 73:9 81:12 responsible [4] 139:2 139:3 139:6 296:19 responsive p) 303:21 rest pj 69:13 72:8 93:21 130:15 232:2 restate p] 269:8 178:2 restrict pj 332:8 restricted pi 168:1 Multi-Page resubmission pj 136:12 result pi] 133:9 148:14 173:7 174:7 181:18 257:12 268:15 67:8 169:6 175:17 263:11 resulted pj 263:10 results 8] 210:17 210:21 211:10 252:18 319:11 181:15 211:9 280:7 retained pj 33:2 6:13 retardation p] 148:13 retarded pj 276:9 275:10 retention [4] 32:15 33:8 32:13 33:15 reveal p] 260:3 8:1 review [85] 7:21 8:6 38:17 38:20 47:4 48:5 51:3 59:14 60:11 61:4 69:4 70:9 71:1 72:2 83:20 86:1 89:19 90:11 94:20 94:21 95:9 96:21 101:13 104:5 110:6 111:17 116:3 117:18 148:5 148:11 149:15 149:17 152:1 153:19 159:7 160:5 161:13 162:13 176:8 181:12 189:7 191:19 199:4 206:9 223:3 224:2 253:5 253:18 257:7 260:2 270:10 270:19 273:21 281:12 293:2 294:14 7:7 38:4 40:5 48:15 60:2 61:7 70:10 75:14 86:20 92:1 95:3 99:8 106:1 114:10 128:14 149:12 151:16 158:16 160:13 163:16 188:21 198:19 222:19 249:7 255:19 260:21 273:6 284:21 306:21 reviewed psj 48:13 49:3 54:12 58:9 116:7 116:8 121:7 163:11 310:8 326:16 14:19 51:16 116:5 116:11 169:18 reviewing p] 46:7 83:13 219:4 revised pj 26:21 308:15 309:4 revision [2j 308:12 308:8 Reynolds pj 217:9 Richards [i] 3:9 Richardson [455] 2:2 4:10 4:11 6:2 6:8 7:10 7:14 7:18 8:21 13:6 16:14 16:17 24:20 24:21 25:9 Evans Reporting Service 25:12 26:18 27:2 27:11 27:13 28:20 29:14 29:20 30:10 30:19 30:21 32:2 32:6 32:10 33:19 34:3 35:13 35:16 37:10 38:9 41:2 41:5 42:6 42:7 43:21 44:2 45:6 45:7 45:17 45:21 46:12 50:2 50:7 52:4 53:11 53:15 58:12 58:15 60:1 60:9 60:17 61:11 61:17 61:19 62:4 62:7 63:11 63:13 63:17 65:17 65:21 66:7 68:2 68:13 68:16 68:19 69:3 69:14 70:2 70:5 70:7 70:12 71:3 71:8 71:11 71:15 71:16 72:1 72:8 72:10 72:13 73:2 73:10 73:11 75:19 76:4 78:11 78:13 78:15 80:12 81:6 81:9 81:17 81:19 81:20 82:7 82:12 83:1 83:7 83:9 83:16 83:18 84:7 84:8 86:11 86:15 86:19 87:8 87:10 87:20 88:5 88:11 88:18 88:21 89:7 89:14 89:20 90:3 90:4 90:7 90:13 90:18 91:2 91:6 91:13 91:17 92:15 92:16 94:13 94:18 94:19 95:7 95:8 96:7 96:14 96:18 97:1 97:11 97:14 98:7 98:10 98:11 99:10 99:16 100:1 100:20 101:6 101:10 101:12 102:1 103:9 103:12 104:16 106:6 106:14 106:19 107:4 107:8 107:21 108:3 108:20 109:2 111:11 111:20 112:17 113:14 113:19 114:3 114:6 114:9 115:4 115:6 115:20 116:1 119:21 120:3 120:10 120:13 121:1 121:4 121:9 121:11 121:14 121:19 123:1 123:6 125:7 125:19 126:2 127:9 127:12 127:15 129:2 129:19 131:5 131:12 131:19 131:21 132:13 134:12 134:15 135:3 135:19 135:21 136:4 136:8 136:10 136:14 136:19 137:1 137:5 138:9 138:11 138:16 138:19 139:14 141:2 141:5 141:21 142:3 142:21 143:2 143:12 144:7 144:11 144:13 145:4 145:5 147:8 148:17 150:6 152:19 renal - Richfield 153:5 155:1 157:12 157:15 157:19 158:2 163:5 163:6 164:21 165:3 165:17 167:10 168:9 169:10 169:13 169:18 173:13 173:18 173:21 174:2 174:11 174:21 175:11 176:13 177:19 178:9 178:13 178:16 178:19 179:2 179:16 180:6 180:8 180:16 181:7 181:10 182:11 182:17 183:7 183:11 183:16 183:20 184:3 184:14 185:1 185:5 185:20 186:9 186:11 186:17 187:7 187:16 190:10 194:20 195:11 197:11 197:18 198:6 200:12 203:4 203:6 203:21 204:5 204:7 205:7 205:9 207:2 207:5 208:3 208:4 209:19 211:2 211:4 213:12 215:15 215:16 217:17 219:10 219:12 219:15 220:14 220:15 221:2 221:6 221:13 222:3 222:6 223:12 223:14 224:15 224:18 225:12 228:4 228:10 228:14 228:16 230:12 232:1 232:5 232:7 234:4 234:11 236:18 236:21 237:18 243:1 243:9 244:11 244:15 244:18 245:3 246:12 247:8 248:15 249:20 250:8 250:19 251:4 251:18 252:11 254:9 254:17 255:2 255:5 255:10 255:13 257:2 257:4 257:19 258:18 259:10 259:17 260:11 261:3 261:13 261:17 261:21 262:4 262:5 262:15 262:17 263:1 263:21 265:2 265:4 265:5 265:11 265:18 265:21 266:6 266:9 266:13 267:18 269:5 269:14 270:16 272:5 272:8 272:14 274:19 278:14 279:14 282:4 282:8 282:13 284:2 284:6 286:1 286:9 287:1 288:18 288:21 289:21 291:20 291:21 293:8 298:1 298:14 299:1 303:5 304:3 305:11 305:13 307:11 307:14 315:15 316:18 318:7 318:18 319:4 321:15 321:20 322:17 323:1 323:8 324:5 324:10 328:4 328:6 328:13 328:16 330:8 330:11 330:19 331:1 331:4 332:19 333:1 333:5 333:12 335:5 338:7 338:9 338:16 338:21 339:5 339:10 341:4 Richfield p] 2:10 Index Page 19 ridiculous - sitting 5:8 ridiculous m 57:11 right [o] 7:20 8:8 10:16 11:8 '5:10 17:11 17:14 2:1 23:12 26:4 28:20 33:12 33:17 38:9 38:10 42:11 50:12 55:6 60:18 70:6 71:5 72:14 72:16 73:17 79:4 79:15 83:10 86:9 90:11 93:15 99:12 101:2 102:1 102:13 109:10 109:13 109:15 110:21 111:7 .112:14 113:19 118:8 122:3 124:4 132:17 133:15 141:17 142:21 153:6 159:21 160:10 172:8 173:1 176:21 180:19 184:1 194:2 197:19 200:9 206:4 206:21 212:15 214:16 215:15 234:4 235:14 241:19 243:4 245:4 253:14 254:4 254:11 260:1 263:8 267:10 275:2 276:16 276:18 284:3 285:7 288:7 288:16 299:2 311:11 326:4 329:13 330:11 335:15 337:6 338:19 right-hand m 308:11 Ring [2] 312:9 312:11 rsks m 82:17 oadp] 1:20 Robert pj 58:20 143:15 276:18 Rockefeller pj 316:1 316:10 role pi 229:13 230:2 Rollins m 3:9 Ron [ij 45:15 Ronald pi 4:11 2:2 roofing pi 23:3 room p] 69:13 73:1 135:12 routinely m 212:21 rule m 135:18 135:18 135:20 136:2 ruled pj 82:15 82:16 82:19 rules [4i 10:4 135:14 249:21 250:9 run pj 3:13 5:6 89:2 191:13 192:20 244:9 244:13 S[2] 2:18 3:11 S-c-h-a-e-f-e-r pj 153:12 S-p-a-r-r-epj 315:6 d[i] 294:7 safep] 203:12 203:16 209:12 210:4 335:11 335:19 safest (l] 77:20 index Page 20 safety [ii] 157:8 158:4 158:6 164:11 168:13 243:12 252:15 278:17 278:19 343:7 343:12 sale [6] 48:16 49:17 51:5 51:12 306:6 323:13 sales [i] 293:13 Samuel [i] 250:16 sandbagging m 81:14 Sanitary m 57:1 Santiago pj 9:20 175:2 317:21 Sapolix [21 311:19 216:8 satisfactory pj 8:13 146:11 save [6] 6:11 79:11 125:2 126:19 128:5 133:14 saw p] 51:5 164:3 261:17 says [60] 27:17 28:1 36:19 47:18 48:1 50:13 51:17 63:2 63:10 64:3 67:10 67:11 77:19 79:1 79:3 85:3 92:18 92:20 100:4 107:7 107:9 109:12 110:15 110:16 115:10 147:3 153:1 153:3 156:1 162:4 166:8 167:20 168:4 176:21 185:19 185:21 204:5 204:11 206:3 206:4 209:8 229:5 229:9 233:17 235:3 238:16 245:16 248:20 257:3 267:4 274:6 275:4 275:6 275:18 285:16 291:9 292:15 295:2 300:12 312:14 Schaefer pj 153:11 155:16 342:11 Schnobrich m 2:16 School [17] 12:3 12:5 75:4 100:5 100:16 110:18 164:19 302:6 302:16 302:21 307:3 12:3 12:10 100:9 124:15 302:11 306:14 schools HI 206:5 Schumann pi 3:10 4:21 science 12] 117:1 12:17 scientific [9] 92:21 93:3 95:4 95:10 302:6 302:10 336:21 337:8 337:14 scope pj 221:8 93:14 scrap [ij 66:20 scrapec m 320:7 Multi-PageTM sep] 68:9 68:10 seal [i] 340:16 search m 124:2 second [22] 33:20 46:5 99:17 100:2 100:4 123:4 123:8 127:17 129:11 138:5 138:14 138:16 141:17 149:8 215:19 244:2 245:17 267:12 282:9 283:15 287:21 323:6 secondly pj 65:10 278:3 295:2 secretary p9] 20:16 20:21 21:2 22:3 22:15 41:15 41:19 42:12 56:21 58:19 59:17 62:11 113:2 137:10 143:15 158:11 190:13 200:15 200:21 205:18 206:1 207:8 224:21 226:1 234:14 234:15 251:21 269:17 272:17 276:15 286:12 289:3 294:15 298:5 304:6 305:21 311:8 312:17 341:19 secretary's pj 39:8 39:20 103:15 Secretary/[i] 237:3 section [26] 28:12 39:9 39:21 56:20 109:3 121:15 121:16 142:8 158:21 169:1 191:3 191:6 202:6 202:11 202:15 203:3 207:20 208:8 212:1 214:11 240:14 270:15 271:11 273:12 295:13 322:17 sectional pj 310:7 sections pj 191:4 secure p] 246:6 247:1 248:5 secured m 245:20 247:13 247:20 248:1 248:2 see [75j 20:7 21:4 23:20 45:12 54:9 64:21 86:20 87:17 88:4 91:8 105:5 105:17 109:1 109:8 118:7 120:9 121:7 136:4 141:11 141:20 149:10 149:11 149:21 150:13 151:8 153:8 154:2 163:17 164:2 183:3 183:9 183:11 187:2 190:7 197:1 197:2 197:12 201:20 202:4 212:1 215:17 216:1 235:9 235:10 237:12 241:14 258:19 259:3 259:11 260:12 260:16 260:20 268:3 268:7 271:17 271:18 273:12 274:10 284:16 289:8 289:10 292:8 292:9 294:3 294:4 294:20 306:19 309:18 309:21 311:19 312:1 312:2 321:1 321:15 323:18 seeing pj 122:2 187:21 283:19 289:19 300:16 305:20 seek [i] 168:4 Seeking p] 42:4 seem pj 47:15 66:16 142:2 244:13 275:7 seemingly p] 226:13 segment [ij 221:21 selected [i] 6:19 selling P] 215:4 37:18 sells [i] 285:17 send [i] 244:7 senior [i] 17:17 sense [i] 186:4 sent p] 42:1 62:20 205:16 205:16 205:17 212:21 sentence psj 50:12 50:13 50:17 50:18 63:20 64:6 64:8 66:15 79:7 79:9 99:14 99:17 99:18 100:2 100:4 122:17 123:7 123:8 127:18 128:2 128:3 132:15 149:8 182:19 184:7 185:10 211:6 296:18 sentences pj 184:11 271:21 September [is] 41:10 41:14 41:17 52:8 53:4 55:8 56:9 62:13 63:4 63:21 69:1 74:5 76:2 76:3 271:13 sequence p] 142:2 series pj 240:1 184:19 serious W 48:1 123:11 124:20 128:13 serve pj229:1 served [3] 226:1 312:18 313:9 Service pj 1:19 4:7 124:7 124:11 192:11 Service-Free p] 289:7 services pi 18:7 18:9 18:18 18:21 19:16 20:6 240:21 session [3] 29:16 134:20 211:17 set [6] 55:13 114:4 233:7 244:8 284:11 340:6 setting pj 115:16 199:19 221:18 222:14 299:13 299:17 seven pj 33:3 several [12] 42:14 55:10 74:12 100:11 128:21 142:1 213:4 275:1 292:19 302:6 306:7 327:6 shadow [i] 267:5 shadows pj 266:16 shall p] 28:1 218:17 255:10 shed [4] 60:12 61:7 61:16 61:18 Sherwin pj 214:1 5:3 Sherwin-Williams pj 3:4 3:7 5:2 217:12 313:17 331:20 332:3 shifted [i] 18:10 shipping [i] 212:8 short pj 272:5 shortly [i] 303:13 showp9j 13:7 26:4 35:17 92:2 103:7 105:7 108:13 109:3 113:10 122:16 122:17 127:1 138:10 142:4 149:15 157:20 175:4 194:4 247:11 249:19 260:17 265:12 266:16 267:5 317:18 326:5 327:20 328:2 332:17 showed pj 170:9 181:16 267:11 showing [42] 52:5 58:16 80:13 97:15 108:4 112:18 137:6 141:6 147:9 150:7 155:2 165:4 186:18 190:11 200:13 207:6 224:19 230:13 237:1 243:10 266:14 269:15 278:15 282:14 289:1 298:2 307:15 315:16 45:8 62:8 104:17 120:14 143:13 152:15 168:10 195:18 213:13 234:12 251:19 272:15 286:10 304:4 shown [6j 68:20 136:11 153:6 181:12 253:1 266:16 shows p] 42:10 66:9 85:14 sidep] 157:16 sign p] 339:12 339:13 signature p] 62:12 silk [i] 78:1 similar [i] 321:17 Simple [i] 328:20 simply pi] 49:8 80:18 89:17 137:12 239:2 239:9 254:17 39:1 83:19 202:15 254:16 single pj 242:5 70:8 sit [4] 87:17 175:6 175:14 213:5 sitting (i) 90:10 Evans Reporting Service situation [9] 50:16 57:15 64:10 105:10 105:15 107:10 107:15 191:14 194:17 Six [2] 17:1 48:3 size [ij 50:13 Skallerud[ii] 4:18 4:18 221:8 318:15 322:11 322:14 323:4 2:15 5:16 318:20 322:20 skip [ij 50:18 skips [i] 50:17 slums m 294:10 273:19 Smalkin p] 3:9 small [3] 94:7 184:17 273:18 smelterer[2] 37:16 51:13 smelterers [i] 51:5 smeltering [ij 39:2 smelters p] 51:1 smelting m 37:15 84:3 84:13 138:21 157:1 157:4 329:19 Smith [89] 1:10 1:11 4:3 8:16 9:5 13:4 25:10 29:1 34:4 35:14 35:17 41:3 41:6 44:21 52:2 58:13 62:5 68:17 73:12 79:16 80:10 86:17 91:5 97:12 101:14 103:10 104:14 108:1 111:21 112:15 120:11 126:5 135:4 137:3 137:6 141:3 143:10 143:13 144:1 144:20 147:6 147:9 150:4 150:7 152:8 153:20 154:20 159:21 165:1 168:7 168:10 169:20 175:1 186:12 190:8 195:14 198:7 200:10 207:3 213:10 221:14 224:16 224:19 230:10 234:9 236:19 243:7 251:16 255:7 255:11 266:19 269:12 272:12 278:12 282:6 283:19 286:7 288:19 297:20 304:1 305:9 307:12 315:13 338:10 339:15 341:1 341:5 342:2 343:2 society [2] 221:21 57:1 SOlC[l] 117:2 solids m 309:15 218:20 solubles [i] 319:12 solve [3] 67:15 194:18 277:2 someone m 5:11 13:17 76:14 219:5 290:14 Someplace [i] 280:16 sometime [2] 162:5 202:17 Sometimes (i) 182:15 soon [2] 72:4 90:20 sorry [45] 6:5 6:9 7:12 21:15 22:8 26:3 26:18 40:19 41:16 61:1 64:20 75:18 79:4 86:10 88:16 92:17 102:19 109:8 126:4 129:2 130:15 144:14 149:5 157:13 160:18 163:4 163:9 166:9 173:11 173:13 174:11 182:21 183:2 197:14 208:2 227:12 230:21 231:17 258:10 271:8 271:10 278:19 298:14 306:12 330:8 sort [6] 18:12 21:3 23:4 81:10 119:11 199:13 sounds [i] 29:14 source w 78:4 208:10 225:21 275:8 sources [i] 175:19 South [i] 2:16 Southwest [ij 1:20 space [i] 292:5 Spahr[i] 2:19 Sparre [i] 315:6 speak [7] 15:12 15:15 93:12 96:8 167:13 255:8 258:5 speaking [S] 82:13 132:14 249:20 250:20 251:1 speaks [20] 28:18 47:20 65:10 92:7 92:19 111:5 115:3 117:10 118:4 151:19 166:7 167:9 167:12 167:21 188:7 199:1 245:15 253:12 254:3 294:21 specialists [2] 4:9 233:18 specific [20] 30:17 44:4 65:6 100:18 174:3 191:20 204:3 206:11 327:9 334:2 334:8 334:12 335:13 29:17 54:18 130:11 193:10 213:1 334:3 334:17 specifically [i3] 31:6 32:1 32:4 84:2 97:20 98:2 103:13 121:14 203:1 214:11 288:2 298:18 318:1 specification [2] 252:20 343:18 specifications [6] 213:16 218:11 307:18 309:8 309:19 342:20 specifics [i] 203:3 Evans Reporting Service Multi-PageTM specified pj 65:15 specify pj speculate poj 57:20 76:13 79:21 132:2 223:18 224:1 250:6 29:19 79:20 189:19 224:14 speculating [i] 271:6 speculation pi] 56:15 132:12 189:17 199:13 220:19 229:4 239:14 246:11 268:20 271:4 277:19 speculative p] 77:3 spelled pi spelling [i] 315:5 216:21 spend [i] 114:8 spoke [i] 176:3 spokesman p] 125:15 sponsor [i] 249:8 sponsored [g] 213:18 235:15 241:13 246:1 249:1 249:12 307:20 316:12 sponsoring pi 100:10 100:14 203:10 204:11 205:4 Square m 3:3 St [12] 37:6 52:21 156:19 329:11 36:20 37:11 138:20 278:21 37:4 37:12 139:21 329:5 staff [4] 158:12 236:2 236:6 236:6 stage p 235:18 stamp [i3] 36:6 52:9 62:14 87:4 87:5 87:8 103:17 109:4 120:18 122:3 143:17 195:21 214:2 stamped [37] 69:2 80:17 97:19 104:21 108:9 113:4 137:13 141:10 147:14 150:11 153:13 155:7 165:8 168:15 186:21 190:16 200:19 207:10 213:21 225:2 230:17 234:16 237:6 243:16 252:2 255:18 269:19 272:19 279:2 279:18 282:18 286:14 289:5 298:6 304:17 308:1 316:2 stand [i] 7:11 standard [34] 190:1 214:8 214:13 223:7 224:5 226:2 226:6 226:9 229:8 229:10 232:9 232:14 233:7 233:9 233:10 233:18 239:6 239:17 240:9 240:20 241:6 241:12 242:4 242:16 246:6 246:16 246:21 248:4 288:9 307:18 308:8 309:4 310:8 312:15 standards [39] 203:11 203:12 203:15 209:9 209:12 213:16 214:9 221:15 221:18 222:12 222:14 224:7 231:12 234:6 238:19 239:11 240:19 242:15 245:21 246:1 246:5 246:15 247:14 247:21 248:21 249:17 251:9 251:13 252:20 271:15 296:1 299:12 300:7 300:10 300:16 300:21 301:13 342:20 343:18 standpoint [3] 118:12 163:20 218:14 startpj 33:12 223:19 323:4 started [S] 6:6 83:13 162:4 162:17 170:4 starters p] 278:7 starts [i] 318:10 state [35j 9:3 24:6 35:4 59:16 81:5 89:11 92:11 104:11 118:13 129:3 133:13 133:16 142:11 143:3 165:21 179:10 188:2 188:3 188:10 188:18 193:9 211:14 221:17 222:13 223:7 224:6 233:16 238:7 281:10 293:21 302:4 306:3 332:12 340:1 340:4 statement [3i] 6:3 87:12 115:8 115:15 116:13 127:7 130:9 140:13 160:11 160:14 160:20 162:21 163:11 163:18 166:1 166:12 197:17 249:3 277:20 280:17 280:19 281:3 281:13 285:19 299:16 326:12 328:8 328:18 329:4 329:18 331:7 statements m 168:1 294:16 states [58] 40:1 41:21 43:9 54:3 56:21 63:20 64:11 82:2 84:3 84:19 91:19 104:2 105:9 110:4 114:16 116:13 116:20 117:14 118:10 122:15 128:12 140:9 142:16 145:11 146:7 148:2 151:10 157:4 188:13 188:18 189:10 189:13 191:8 198:10 203:9 208:8 212:2 214:11 225:18 239:21 240:2 240:14 245:10 245:19 266:15 268:21 271:11 284:7 287:9 290:4 291:6 292:3 296:10 299:11 306:13 308:12 310:7 336:6 stating p] 119:21 259:8 318:21 statistics p] 155:9 staying pj 320:13 situation - subscribe stenographically [ij 340:10 step [i] 226:11 steps p 193:4 Still [18] 20:8 22:13 23:13 89:7 98:19 205:20 208:21 222:20 226:21 299:7 306:1 331:16 22:6 56:16 130:21 219:16 260:14 326:20 stipulate [2] 6:12 7:1 stipulation p] 6:6 stipulations p] 5:18 stirring [i] 57:5 Stop [5] 10:11 49:9 73:4 145:14 301:3 stopped [i] 145:17 storage [2] 82:6 66:20 story p] 136:7 169:21 173:16 straight p] 69:17 strain p] 281:2 street pi] 2:3 2:6 2:19 3:3 3:9 3:12 22:4 1:14 2:16 3:6 18:1 strenuously pj 81:9 strike [ii] 37:5 67:17 95:1 119:15 149:1 202:13 303:18 5:19 77:2 127:6 293:1 strong m 282:5 282:4 structure p] 24:19 studies [i2] 192:17 193:13 262:6 262:9 263:9 264:3 275:18 335:1 170:14 194:14 262:18 268:9 study m 206:6 263:17 264:8 267:20 268:1 275:5 299:6 subcommittee [10] 214:12 226:2 229:1 238:17 239:3 239:10 284:9 285:2 312:15 312:19 subject [i6] 56:7 57:5 92:3 93:3 95:11 98:18 123:11 124:21 191:12 262:7 50:21 91:19 95:5 118:11 128:13 335:2 subjected pi 295:3 subjects [i] 267:14 submission p] 136:18 submit [i] 302:7 submitted pi 240:2 240:4 328:3 subpart p] 309:17 subscribe pj 324:16 Index Page 21 subscribed - thought subscribed [i] 325:4 substance ii] 16:15 substances [2] 299:14 299:18 \bstantial [i] 94:1 jbstitute [2] 46:20 47:6 substitution [2|48:l 48:2 successful p] 288:1 SUCh [36] 10:20 15:7 33:4 39:13 40:8 40:16 49:7 58:8 97:9 97:9 102:6 133:17 136:2 146:8 148:20 162:16 162:19 167:15 181:21 181:21 195:6 206:17 218:15 238:18 238:21 241:2 244:16 260:12 260:20 275:8 287:11 287:14 300:7 316:13 335:14 336:4 suffered pj 275:14 sufficient pj 57:5 suggest pj 30:13 63:3 78:3 83:21 96:20 116:12 130:20 273:17 296:10 suggested [4] 47:16 66:19 77:20 158^ suggesting pj 277:12 333:2 uggests pi 63:16 38:20 276:7 suit [i] 323:11 suitable pj 218:14 suited [i] 306:15 suits pj 9:12 Sullivan [53j 2:5 2:5 4:12 5:9 6:10 7:12 8:13 14:9 16:12 16:16 21:13 24:17 25:21 26:2 27:8 28:8 29:11 29:15 30:14 31:5 32:4 32:8 34:6 34:10 34:19 35:11 37:8 38:7 39:3 39:16 40:18 42:5 43:17 44:4 44:14 45:2 46:21 47:2 47:19 48:9 49:2 49:10 49:14 49:20 51:7 51:15 53:9 54:17 '6:12 57:10 ,8:4 59:6 60:5 60:10 61:9 61:12 62:3 63:1 2:5 4:12 5:17 7:17 16:4 16:19 25:14 26:12 28:17 30:6 31:21 33:9 34:14 36:14 38:13 40:9 43:6 44:7 46:1 47:9 48:18 49:12 50:3 53:5 54:21 57:14 59:20 60:15 61:13 63:9 63:12 64:19 65:3 65:5 66:4 66:12 71:19 72:4 73:2 73:18 75:1 75:7 75:16 76:2 76:12 76:21 77:9 77:18 78:6 79:19 80:3 80:7 83:12 84:5 84:12 84:16 85:1 85:5 85:8 85:15 85:19 86:5 91:1 91:3 91:10 91:14 92:5 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112:20 supports [2] 57:16 333:20 suppose [l] 62:1 supposed [i] 135:15 surface [9] 213:17 219:5 219:8 219:10 226:3 252:21 307:19 320:7 320:7 surfaces [4] 226:7 322:8 336:14 338:12 surrounding [i]231:21 surviving pj 275:9 276:8 suspected pj 258:12 260:17 sweep pi 271:2 sweeping pj 270:8 swornpj 340:7 8:17 symbol p] 218:18 symptom [i] 198:17 systems pj 199:9 198:13 Tpj 2:15 table p] 113:16 136:15 283:17 taking [7] 94:8 101:8 144:6 216:20 292:20 293:4 297:2 talks [6] 55:2 56:6 65:13 204:14 212:13 259:18 tape [i] 111:13 task pi 337:13 Taylorp] 2:12 technical po] 18:6 18:8 18:18 18:20 19:16 20:6 17:15 18:11 19:6 220:20 telling [4] 129:13 130:18 242:9 261:8 tendency pj 198:10 198:20 199:6 tendered [soj 26:9 36:2 52:10 59:3 13:14 45:14 62:17 69:7 104:1 108:14 122:1 142:9 152:17 168:18 190:20 207:13 230:20 243:20 270:1 283:1 298:9 316:6 80:20 105:3 113:8 137:15 147:17 155:10 175:8 196:4 214:3 234:20 252:6 272:21 286:17 304:15 98:4 108:11 113:11 141:13 150:16 165:11 187:5 201:2 225:6 237:9 256:7 279:5 289:9 308:4 term [6j 34:12 34:18 35:3 110:8 274:17 309:17 terms pj 82:17 terribly pi 126:7 testified [9] 8:19 145:15 174:4 174:12 194:16 266:18 266:19 313:5 325:10 testify [io] 13:18 29:13 30:18 48:19 118:7 136:9 8:17 29:18 118:4 184:14 testifying t3j 30:20 32:7 313:4 testimony p4] 48:15 97:2 130:18 131:3 131:18 134:2 135:5 135:15 145:20 194:21 250:14 317:19 317:20 321:11 testing [i] 235:21 textp] 93:21 thank p7j 8:13 10:16 46*3 46:11 64:4 67:12 72:5 75:17 78:14 79:15 85:20 98:S 104:13 111:7 111:15 111:16 124:9 128:7 134:17 136:21 150:3 168:6 175:21 187:9 187:14 190:7 195:12 201:9 206:20 230:4 234:8 236:16 239:20 248:20 264:5 297:19 339:10 themselves pj 296:7 thereabouts p] 265:6 288:8 thereafter [i] 303:13 therefore pj 66:19 106:4 119:6 Thereupon pj 339:16 thinking [i] 161:10 third [7j 51:8 161:8 222:16 224:10 231:14 261:9 292:3 thirdly pi 65:13 Thomas [2] 4:14 2:11 thoroughly pj 78:1 thought [4j 42:6 194:11 195:3 298:14 Evans Reporting Service thousands [2j 278:7 294:1 threat [ij 292:18 Threats [ij 208:15 three [isj 33:5 49:13 52:17 52:21 53:2 53:3 64:5 66:15 125:10 194:11 274:9 310:21 311:2 312:3 313:6 three-yearni 302:8 threw [ij 69:18 through [isj 67:5 78:1 89:5 144:2 170:15 176:15 182:14 192:17 193:3 205:4 240:18 259:18 276:19 292:4 305:2 305:10 327:7 333:18 throughout [4] 35:8 160:21 276:5 299:21 times [7] 16:10 16:17 16:19 17:1 28:2 169:14 174:17 tinypj 172:3 titanium [ij 323:13 titanium-based pj 146:9 146:14 title [5] 17:11 17:13 23:8 54:7 289:10 today [i9] 5:13 8:2 8:3 8:6 10:14 55:14 114:20 115:11 117:1 130:8 132:21 135:5 145:11 175:6 175:14 201:4 213:5 291:13 294:6 today's pj 175:10 togetherpj 251:8 192:15 tonnage [i] 115:12 too [5] 126:17 144:5 171:2 171:3 266:12 took [4] 90:5 125:17 190:2 197:4 top [ill 27:4 137:12 138:6 138:7 138:12 217:4 235:19 238:16 290:4 308:11 326:7 topic [l] 57:3 total [4] 94:8 218:19 230:6 239:14 totally pj 30:4 68:13 129:17 131:3 303:21 towards pj 43:12 226:11 271:12 Towsonpj 2:13 toxic pj 34:5 34:8 34:9 35:10 35:10 226:7 34:7 34:11 123:15 toxicity [4j 292:15 293:4 299:6 306:5 toy [3] 145:21 170:10 314:16 toys [li] 102:6 119:10 119:17 133:18 134:8 203:13 203:17 204:2 204:6 209:13 218:15 traced m 82:5 track rij 41:8 trade [] 114:17 122:4 122:6 324:7 324:12 324:13 transcript [4] 175:1 175:8 318:8 340:10 travel [1] 22:19 Treasurer pj 237:4 Treasurers pj 341:19 trend [i] 230:6 trialp] 5:21 250:18 tried [2] 30:3 87:17 trip[i] 110:1 trouble [4] 64:10 64:15 171:7 327:18 troublesome [4] 123:11 124:20 128:13 191:10 trucks [l] 23:2 true [76] 7:2 7:8 34:4 35:6 35:9 40:15 41:14 41:18 42:8 44:10 50:19 54:20 55:11 56:9 57:6 57:19 57:21 63:19 74:3 74:7 74:10 76:5 77:4 77:12 79:16 98:12 102:15 103:2 103:20 106:12 106:13 110:11 115:21 124:10 146:6 159:21 167:18 169:4 172:12 174:4 174:12 183:13 185:13 205:20 215:8 220:8 220:17 221:14 230:5 233:6 233:8 241:5 248:4 249:14 251:5 251:6 251:6 258:2 268:14 274:1 274:5 280:12 294:5 301:4 319:10 319:14 319:19 319:21 320:3 320:9 320:13 328:1 332:6 336:5 336:10 340:11 truly 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47:21 52:15 54:3 54:7 56:5 62:10 91:18 105:8 107:9 109:7 111:1 116:20 117:13 122:15 140:8 143:16 155:15 157:8 158:3 162:2 166:3 168:21 186:20 196:6 202:14 202:21 216:15 217:14 218:11 225:18 235:3 239:21 240:13 240:14 245:9 245:17 252:14 270:5 273:11 287:6 287:8 299:5 309:8 309:9 309:19 309:19 understand^] ii:l 11:2 13:16 16:16 19:6 27:11 34:13 34:18 50:2 60:18 60:21 61:2 61:3 61:10 89:14 94:18 107:4 119:8 119:9 130:17 145:4 153:2 159:6 178:17 186:3 190:2 222:21 229:12 229:19 233:2 233:3 242:9 278:9 297:14 306:12 320:15 320:16 322:6 326:14 326:20 understood [4] 11:6 186:9 255:3 301:5 understudy [i] 124:16 undertake [2] 12:21 40:13 undertaking [i] 114:17 undertook [2] 192:14 205:11 underway [2] 170:5 287:10 undesirable [4] 40:3 79:12 128:6 128:9 undoubtedly [i] 64:12 unfair [S] 166:14 168:1 296:3 296:12 296:13 unfairness [ij 242:7 unfavorable [2j 123:14 294:2 uniform [5] 239:21 245:18 287:8 287:13 288:2 uniformity [4] 226:11 238:19 271:12 287:14 unincorporated [i] 24:5 uninformed [i] 101:7 unintelligible [i] 76:16 Union [2] 315:2 214:16 United [5] 37:18 64:11 145:11 157:4 336:6 units [l] 218:16 universe [ij 300:1 University [6j 12:13 58:20 124:6 140:11 316:1 316:10 unknown [i] 303:17 unless [5] 57:9 58:2 117:15 161:16 320:7 unnecessarily [i] 295:3 unnecessary [i] 227:4 unproven [ij 257:17 unreasonable pj 82:17 unrelated [i] 179:21 untop] 287:12 unusual [i] 63:21 up [27] 33:13 123:16 161:1 171:15 205:21 211:7 240:20 294:8 329:11 26:2 57:5 135:7 161:3 179:7 206:5 212:20 282:3 308:11 33:2 98:17 141:15 169:14 180:18 210:16 218:9 284:11 318:11 update [ij 142:5 urine [3] 170:21 171:13 thousands - voice 171:16 USA [l] 314:17 used po] 18:14 32:11 82:6 117:2 134:3 136:16 145:12 166:16 172:8 203:13 203:17 215:7 219:21 240:21 241:16 246:6 246:21 248:5 295:9 338:11 useful [4] 54:4 130:7 131:1 278:5 usesp] 306:6 using [12] 49:9 49:17 130:19 133:6 145:17 146:5 278:3 319:3 35:7 125:4 145:11 267:17 Utilize [2] 82:1 69:12 utilized [l] 300:17 Utilizes [i] 81:10 V p] 1:3 1:7 vague [io] 53:12 56:14 60:16 74:15 76:15 93:12 119:6 232:20 274:17 303:7 value [3] 93:1 94:5 252:19 varied [l] varieties [i] variety [i] 326:1 291:11 291:12 various p] 174:16 174:16 188:12 Varnish [io] 167:14 209:3 216:13 218:5 249:15 251:7 296:1 311:13 311:20 312:10 varyp] 325:18 vastpj 160:15 vehicle [i] 23:3 vehicles [i] 23:3 verbalized [ij 10:6 verification [i] 267:17 versus w 4:4 28:15 222:1 222:1 vicep] 22:13 vice-president pi 22:10 22:11 videographer[i3] 4:2 4:7 34:1 81:3 111:18 134:21 198:4 243:5 272:10 279:12 282:11 305:6 339:14 videotape p] 184:17 341:7 videotaped p] 265:4 339:16 view p] 210:16 211:7 virtually [i] 235:6 visit [l] 56:6 voice [9] 26:2 135:7 141:15 161:3 218:9 282:3 282:4 282:5 282:5 Evans Reporting Service Index Page 23 volatiles - zinc volatiles [i] 310:3 voting 2] 28:15 28:13 W-h-i-t-s-o-n [i] 115:9 '.A[IJ 331:12 W.Pm 331:14 wait [5] 10:17 10:18 71:9 72:2 195:17 waive m 339:12 walls ij 226:21 warning i3j 188:19 189:9 190:1 226:13 227:8 240:1 270:5 270:7 188:15 189:14 226:16 240:8 271:1 warnings i] 227:4 warrant 3] 50:15 57:5 183:1 Washington 3] 3:4 3:13 124:7 wasting ni 111:13 water [sj 3:6 11:21 33:18 242:21 264:14 waterproofing m 23:4 wave (2j 270:6 270:21 ways 3] 195:4 292:19 293:3 weeks [21 73:7 73:5 nightpi 218:20 eightod m 77:21 welfare m 294:10 Westm 2:12 Westburym 11:17 whatsoever i] 240:17 whereas m 65:14 Wherever m 210:15 white (S6i 47:17 47:21 48:2 48:3 48:8 48:16 49:5 49:6 49:9 49:16 49:17 49:18 50:10 50:14 50:20 51:5 51:12 51:20 112:1 112:9 112:20 114:18 114:19 115:10 116:21 117:2 117:14 117:20 117:20 118:10 118:19 119:4 125:4 128:16 129:10 130:19 130:21 132:4 132:9 132:11 132:16 132:19 132:21 133:6 134:3 134:4 146:10 146:11 160:1 160:7 277:5 317:4 335:8 336:5 336:13 338:11 WhitefordfS] 2:11 2:12 4:14 4:14 98:16 Whitehead 38] 2:14 4:16 4:16 43:18 46:4 61:15 75:21 86:10 87:11 88:3 ndex Page 24 88:9 88:14 88:21 93:6 93:9 93:17 95:12 98:5 98:8 100:17 101:3 108:18 111:8 111:16 113:18 12110 12520 126-4 129:20 195:2 266:8 330:6 330:9 330:12 331:2 335:21 338:19 339:2 Whitson i] 315:9 whole mi 69:17 169:17 184:19 185:2 185:10 203:3 251:12 8:18 171:18 185:9 241:5 wide rn 96:16 widely 3] 117:17 117:21 300:17 widespread m 67:5 wildfowl i] 210:14 William 4] 2:15 4:18 255:20 262:14 Williams (21 5:4 214:2 wishes m 23:21 within--named [li 340:5 without 8] 87:15 94:8 99:3 104:4 119:7 198:16 259:4 278:6 witness pi] 8:17 13:14 26:9 26:14 29:21 36:2 45:14 46:7 52:10 56:15 57:14 59:3 60:9 62:17 68:20 69:7 70:4 70:21 72:15 72:20 73:5 76:3 77:3 80:20 87:11 87:17 89:19 93:19 94:7 97:8 98:4 101:9 104:1 105:3 105:20 107:1 108:11 113:8 122:1 136:9 137:15 141:13 142:9 147:17 150:16 152:17 155:10 165:11 168:18 175:8 178:18 181:20 186:1 186:8 187:5 190:20 196:4 201:2 207:13 210:10 214:3 218:10 225:6 230:20 231:7 234:20 237:9 243:4 243:20 252:6 254:17 256:7 263:20 265:1 268:21 270:1 272:21 279:5 281:5 283:1 286:17 289:9 298:9 304:15 308:4 316:6 318:8 338:20 339:4 340:5 340:16 woefully rn 101:7 wonder i] 68:15 wondering m 240:6 wood m 219:10 word (i i) 57:2 79:8 79:8 137:12 138:6 184:8 208:12 Multi-PageTM 210:4 216:21 228:18 309:21 wording 3] 241:3 309:5 309:15 words 12] 121:18 184:12 184:12 184:15 184:18 184:20 248:11 248:18 267:3 284:19 284:19 293:13 worked rn 102:5 234:7 246:17 334:21 works 3] 77:19 77:20 333:6 world m 94:6 Wormser24] 41:15 41:18 58:20 62:11 113:2 137:10 143:15 147:11 148:7 149:3 149:16 150:9 151:10 151:15 153:1 153:21 171:5 205:15 205:18 264:8 266:5 341:13 342:5 342:9 Wormser's 2j 148:2 266:2 worst i] Wright m 1:6 4:3 90:5 90:11 285:8 1:2 90:1 90:12 writer 2] 19:7 17:15 writers PI writing m 98:18 252:18 wrong 4i 58:5 118:6 118:8 276:1 wrote (3j 248:12 248:13 276:14 X-ray 2] 267:6 170:19 year 4] 204:16 289:7 294:2 306:8 years poi 19:1 20:2 24:10 33:3 33:5 42:15 48:3 60:20 74:18 100:7 100:11 118:6 125:17 145:12 160:15 171:19 235:17 235:18 276:5 297:1 310:21 311:2 312:4 313:6 325:18 326:1 326:2 327:9 332:4 332:5 yellow [1] yesterday 6] 7:19 8:12 96:11 97:3 79:1 7:5 96:10 yet 4] 132:18 144:15 177:2 184:19 York 28i 2:10 2:10 11:14 11:14 11:17 13:3 21:21 24:8 25:7 208:17 226:10 229:7 229:10 229:17 233:15 233:16 235:7 240:13 240:15 241:19 245:19 246:7 247:1 247:12 247:19 248:5 287:11 339:11 yourself rsi 106:7 109:14 185:7 236:12 318:3 yourselves m 71:4 Z66(4] 190:1 284:9 288:9 310:7 Z66.1 m 245:21 246:6 246:15 247:14 247:21 308:12 312:14 zero(i) 82:2 Ziegfeld 6] 205:21 206:1 276:17 276:18 306:1 311:6 zinc [13] 7:13 57:3 146:8 146:13 166:2 166:13 166:15 167:17 196:16 196:20 255:21 317:13 317:14 ";c Evans Reporting Service