Document ppaNq1384MnKpVVjKmLN9jJJB

ERIC K. FALK Direct Dial: (412) 338-4722 E-Mail: efalk@dmcpc.com davies, McFarland & carroll, p.c. ATTORNEYS AT LAW THE TENTH FLOOR, ONE GATEWAY CENTER PITTSBURGH, PENNSYLVANIA 15222-1416 (412) 281-0737 Fax(412)261-7251 June 3, 2003 Jason E. Luckasevic, Esquire Goldberg, Persky, Jennings & White, P.C. 1030 Fifth Avenue, Third Floor Pittsburgh, PA 15219 RE: Robert F. Adams and Naomi Adams, his wife vs. General Motors Corporation, et al. No. 7870 of 2002 (Westmoreland County) Dear Jason: Enclosed please find the transcripts of Maremont's representative, Carl Liggett, taken on 9/26/01, 12/12/01, 3/29/02, and 8/15/02. After reviewing these transcripts, please advise as to whether you still believe it will be necessary to proceed with the deposition of the Maremont representative. If so, I will have to make arrangements for the deposition to take place at a time and place other than June 24 at your office. Eric K. Falk EKF/sla Enclosures cc: Defense Counsel of Record (w/o enc.) {DO 147915:1} Carl Liggett March 29, 2002 Page 1 1 SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY 2 3 4 Helen E. Pedrick, as Personal Representative for the Estate of 5 Raymond F. Pedrick, Sr., deceased. 6 Plaintiff, 7 VS. Case No.: 00-2-26588-3SEA 8 ACandS, Inc., et al., 9 Defendants. 10 11 12 13 DEPOSITION OF CARL LIGGETT 14 FRIDAY, MARCH 29, 2002 15 TAKEN ON BEHALF OF THE PLAINTIFF 16 17 18 19 BE IT REMEMBERED THAT, pursuant to the Oregon Rules 20 of Civil Procedure, the deposition of Carl Liggett was 21 taken before Mary Jacks, a Notary Public and Court 22 Reporter for the State of Oregon, on March 29, 2002, 23 commencing at the hour of 11:00 a.m., the proceedings 24 being reported at 111 S.W. Fifth Avenue, Portland, 25 Oregon. T Carl Liggett March 29, 2002 Page 2 1 APPEARANCES 2 DAVID A. STEWART 3 Brayton Purcell 4 621 S.W. Morrison Street, Suite 950 5 Portland, OR 97205 6 503-295-4931 7 Appearing on behalf of the Plaintiff 8 9 DIANNE KERO 10 Gordon, Thomas, Honeywell 11 600 University Street 12 Seattle, WA 98101 13 206-676-7500 14 Appearing telephonically on behalf of Maremont 15 16 JOHN CANONI 17 Kasowitz, Denson, Torres & Friedman, LLP 18 1633 Broadway, Suites 50 and 51 19 New York, NY 10019 20 212-506-1700 21 Appearing telephonically on behalf of Maremont 22 23 24 25 Page 4 1 1 A. Yes, I have. j 2 Q. And approximately how many times have you j 3 testified in a courtroom trial? I 4 A. About four times. * 5 Q. And of those, how many were related to the ' 6 subject matter of asbestos? 7 A. None. 8 Q. And Mr. Liggett, I will assume since you've 9 given some depositions in the past that you ; 10 understand the basic parameters of how a deposition , 11 works. I will do my best to state questions ; 12 clearly but we are on the telephone here and if you i 13 don't understand a question, I ask that you let me j 14 know and I'll restate it or rephrase the question. I 15 If you answer the question, I'm going to assume that j 16 you understood my question, is that okay? j 17 A. That's okay. s 18 Q. Thank you. And you do understand that you | 19 are under oath today and that your testimony here S 20 today is just as if you were sworn in as a witness 1 21 in the courtroom, correct? i 22 A. I understand that. f 23 Q. Okay. Thank you. Well, I'll proceed with j 24 my questioning, then. Could you please tell me your | 25 current employer and your position? Ss Page 3 1 PORTLAND, OREGON; 2 FRIDAY, MARCH 29, 2002 3 11:00 A.M. 4 CARL LIGGETT 5 having been first duly sworn, was examined and 6 testified as follows: 7 EXAMINATION 8 BY-MR. STEWART: 9 Q. Good afternoon, Mr. Liggett. Could you 10 please state and spell your name for the record? 11 A. My name is Carl Liggett, L-I-G-G-E-T-T. 12 Q. And Mr. Liggett, have you been deposed 13 previously for any reasons? 14 A. Yes, I have. 15 Q. Approximately how many prior depositions 16 have you given? 17 A. Are you asking in all matters in my 18 business career? 19 Q. That's my first question, yes. 20 A. Perhaps ten or twelve. 21 Q. And of those, how many pertained to the 22 subject matter of asbestos? 23 A. I would guess that that's five or six. 24 Q. Have you had occasion to testify in 25 courtroom trials? Page 5 I j1 A. My current employer is Accurate Partitions, f2 I am the general manager. j 3 Q. And how long have you held the position of 4 general manager with Accurate Partitions? 5 A. Approximately seven years. 6 Q. In your capacity here today as -- Well, 7 strike that. 8 When was the last time that you 9 gave a deposition related to the subject of j 10 asbestos? | 11 A. I don't recall the exact date. 1 12 Q. Can you tell me, was it in -- do you have 1 13 a year in mind? Was it more than two years ago? j 14 A. It would have been in the last year. I 15 Q. Okay. And do you recall the first 16 deposition pertaining to asbestos that you gave? 17 A. Probably about two years. 18 Q. And so if I understand your answers, then, 19 the five to six depositions have all been in the 20 last three years time, two, three years time, that 21 those five to six depositions occurred? 22 A. I think that would be correct. 23 Q. In your capacity for providing today's 24 deposition and in any of the -- of the past 25 depositions, were you retained by Maremont as a 2 (Pages 2 to 5) Carl Liggett March 29, 2002 Page 6 1 consultant? In other words, did Maremont provide 2 you with compensation for your time in association 3 with those depositions? 4 A. Yes, they did. 5 Q. And can you tell me, if you recall, what 6 amount of compensation they provided you with for 7 those past depositions and for today's deposition, 8 if you know? 9 A. $175 per hour. 10 Q. Aside from the time that you have spent 11 providing depositions, and occasionally if Maremont 12 asks you for declarations, and I'll get to that 13 subject in a moment, do you perform any other 14 services for Maremont currently? 15 A. No, I do not. 16 Q. Do you consider yourself an employee of 17 Maremont? 18 A. No. 19 Q. Do you serve in any capacity to Maremont on 20 their board of directors or as a shareholder? 21 A. No. 22 Q. Are you represented by John Canoni as your 23 attorney here today? 24 A. I'm not sure I understand the question. 25 Q. Well, my question is if you consider Mr. Page 8 1 A. I have a B.S. degree in business 2 administration from the University of Tennessee in j 3 Knoxville. j 4 Q. And following studies at the University of | 5 Tennessee, what was your first employment upon i 6 leaving? j 7 A. I was a foreman with Ford Motor Company in j 8 Lorain, Ohio. j 9 Q. How long did you serve as an employee of J 10 Ford? j 11 A. Less than a year. * 12 Q. And what was your next position? j 13 A. I was a maintenance officer in the U.S. Air j 14 Force. 1 15 Q. And how long did you serve in the Air ! 16 Force, sir? 1 17 A. Four years. f 18 Q. And what was -- What year was that when ! 19 you left the Air Force? | 20 A. 1970. | 21 Q. What was your next position following the 1 22 Air Force? f 23 A. I was a foreman with Proctor and Gamble in j 24 their Charman paper products division. | 25 Q. And how long did you stay in that position? | Page 7 1 Canoni to be representing you as your attorney for 2 the purposes of this deposition? 3 A. 1 consider Mr. Canoni representing Maremont. 4 Q. Okay. Prior to the beginning of today's 5 deposition did you meet and confer with Mr. Canoni 6 about the deposition? 7 A. We had lunch together. 8 Q. And what did you discuss over lunch 9 pertaining to this deposition? 10 A. He give me some basic rules in any 11 deposition. To think before I respond and ask 12 questions if I don't understand the question. 13 Q. Did Mr. Canoni discuss with you the time 14 line of Maremont's production or distribution of 15 friction materials? 16 A. No. 17 Q. Mr. Liggett, I'd like to go over with you 18 briefly your career with Maremont and preceding your 19 career with Maremont. Could you just very briefly 20 provide to me your background in terms of your 21 education before you came to join the Maremont 22 company? 23 A. Okay. What can I tell you? 24 Q. Well, how far did you go with your formal 25 education, sir? Page 9 j 1 A. Three years. 2 Q. And what was your next position after j 3 leaving Proctor and Gamble? j 4 A. I went with Maremont Corporation. i 5 Q. Was that 1973? 6 A. Late '72,1 believe. 7 Q. What was your beginning position and what j 8 facility were you located at when you started at 9 Maremont? 1 10 A. I was the operations manager at the Allied 11 Drive facility in Nashville, Tennessee. 12 Q. And how long did you hold the title of 13 operations manager at that facility? 14 A. I'm not sure that I recollect the exact 15 dates, but two or three years. 16 Q. I understand that at some point in time you 17 came to oversee or had some responsibilities in 18 regards to the Paulding, Ohio facility, is that 19 correct? 20 A. That is correct. 21 Q. At what point in time did you begin to 22 have responsibilities pertaining to the Paulding, 23 Ohio facility? 24 A. I'm not sure of the exact date but probably 1 25 sometime around 1975. 1 3 (Pages 6 to 9) Carl Liggett March 29, 2002 Page 10 1 Q. And if you could take me through the 2 various titles you held at Maremont starting with 3 operations manager, if you recall. What was your 4 next job title? 5 A. My next job title was operations manager of 6 both Allied Drive and Paulding, Ohio. 7 Q. Okay. 8 A. And then Maremont was sold to Turner and 9 Newell and I was responsible for constructing and 10 staffing a new manufacturing facility in Smithville, 11 Tennessee and I became the vice president of 12 manufacturing for Nuturn Corporation. 13 Q. What was the scope of operations -- Strike 14 that. 15 What activities did Maremont engage 16 in at the Allied Drive, Nashville, Tennessee 17 facility from the time period when you started in 18 '72 for the first five years that you were 19 associated with that facility? 20 A. Maremont had two functions at the Allied 21 Drive facility. I was the operations manager of the 22 passenger car group. We assembled drum brakes and 23 disc brakes and packaged them primarily for 24 distribution to Sears. 25 Q. What were the brand name or brand names of Page 12 I 1 A. The passenger car division did that, j 2 correct. j 3 Q. And what other -- Were there other j 4 divisions at Allied Drive that were engaged in the j 5 distribution of friction products in the 1972 to 77 6 time frame? ! jj 7 A. Yes. j 8 Q. And what divisions were those? | 9 A. The heavy duty truck division. \ 10 Q. The heavy duty truck division? j 11 A. Correct. j 12 Q. Was there a single individual who was j 13 responsible for overseeing the heavy duty truck 14 division during the time frame of late 1972 until | f 15 1977? 16 A. Yes. I J 17 Q. And who was that or were those individuals? f 18 A. I believe that would be Bob Steinmetz. 19 Q. Do you know if Mr. Steinmetz is still j J 20 living? ! 21 A. To the best of my knowledge, he is. 22 Q. And do you know where he resides? 23 A. Somewhere in the greater Chicago area. ,, 24 Q. Do you know if he is presently retired or 25 still employed? < \ $ Page 11 1 the drum brakes and disc brakes during that time 2 period of 72 to 77 that the Allied Drive facility 3 distributed to Sears? 4 A. The Sears All-In-One brake package and the 5 Sears Brake-ln-A-Box package. There was another 6 brand, I think, called Over-The-Counter. 7 Q. Did Maremont have distribution of other 8 brands of friction products through the Allied Drive 9 facility in the 1972 to 77 time period? 10 A. They had a heavy duty division out of the 11 Allied Drive facility that purchased bulk truck 12 parts and resold them. 13 Q. Aside from the Allied Drive facility, are 14 you aware of other facilities that Maremont used in 15 the 1972 to 77 time frame to distribute other 16 brands of friction products aside from the 17 All-In-One, the Brake-In-A Box and the 18 Over-The-Counter brands that you referenced as being 19 distributed to Sears? 20 A. Yes, the Paulding, Ohio facility. 21 Q. And you mentioned that the -- as I 22 understood it, the Allied Drive facility in 23 Nashville, Tennessee in the time period of 1972 to 24 1977 primarily distributed to Sears in the course of 25 distributing friction materials, is that correct? Page 13 1 A. I believe he is still employed. 2 Q. And do you know who he is with? : 3 A. No, I don't know the name of the company. j 4 Q. Do you ever see Mr. Steinmetz either j 5 socially or in business settings? j 6 A. No, I don't. I 7 Q. What types of friction products did the j 8 heavy duty truck division distribute in the 1972 to 9 1977 time period? 10 A. Primarily drum brakes for large vehicles. j 11 Q. Do you recall what brand name or names j 12 those drum brakes were sold under? 1 13 A. I recall the Grizzly brand name. j 14 Q. Are there any other brands that you recall | 15 as being distributed from the heavy duty truck 16 division during that time? 17 A. There was the Leland brand but that was not 18 related to friction materials. 1 19 Q. What about the Ultra brand? | 20 A. That may have been another minor brand they j 21 had. | 22 Q. Same question as to Hyper. 1 23 A. I'm not sure I recall that. 24 Q. Same question as to Safety Grip. j 25 A. I do recall that brand. 4 (Pages 10 to 13) Carl Liggett March 29,2002 Page 14 1 Q. Was that a brand of friction product? 2 A. Yes, it was. 3 Q. Was it distributed through the Allied Drive 4 facility? 5 A. I don't recall where it was distributed. 6 Q. Same question as to Silver Tip. 7 A. 1 remember that brand now that you mention 8 it. 1 don't remember if that was distributed from 9 Paulding or the heavy duty group in Nashville. 10 Q. Same question as to XT Woven. 11 A. I don't recall that brand. 12 Q. Same question as to Syncro. 13 A. I don't recall that brand. 14 Q. Same question as to SS Metallic. 15 A. 1 don't recall that brand. 16 Q. And same question as to Tru, T-R-U, dash, 17 Guard. 18 A. 1 don't recall that brand either. 19 Q. Mr. Liggett, when you began at Maremont who 20 was your direct supervisor? 21 A. Bob Rogers. 22 Q. And is Mr. Rogers living or deceased, if 23 you know? 24 A. To the best of my knowledge, he's alive. 25 Q. And where does he reside, if you know? Page 16 I 1 A. He was president ofNutum, I believe. 2 Q. What was your position with Maremont in 3 1977 prior to the friction products transferring to 4 Nutum? 5 A. I was the operations manager at the Allied 6 Drive facility, the Paulding, Ohio facility and was j j 7 responsible for building and starting up the 8 Smithville, Tennessee plant. j j 9 Q. Can you briefly outline for me the scope of [ 10 materials that the Smithville, Tennessee plant was 1 11 engaged with and whether that was simply assembly or j 12 whether there was manufacturing going on there? 1 13 A. Yes, I can. j 14 Q. Ifyou could just please do that, and, you 3 15 know, just briefly describe for me what -- what went 1 16 on at the Smithville, Tennessee facility. j 17 A. They made brake linings, disc pads, clutch 18 facings, and assembled brake linings to drum shoes j j 19 and disc pads to disc plates. 20 Q. When did the Smithville, Tennessee facility jj 21 come online? i 22 A. I'm sorry, I don't remember the exact date. j 23 Q. Was it in the '70s? j 24 A. Well, yes, it was. 1 25 Q. Was it online at the time of the transition | l Page 15 1 A. I do not know. 2 Q. When was the last time that you heard from 3 him? 4 A. I would guess 20 years ago. 5 Q. What was Mr. Rogers role when you started 6 with Maremont? 7 A. Mr. Rogers was either the president or the 8 general manager of the passenger car division of 9 Maremont's friction products. 10 Q. And when you started with Maremont in the 11 Allied Drive facility did you have responsibility 12 over the heavy duty truck division at the beginning 13 of your tenure? 14 A. No, I did not. 15 Q. Was there a point in time when you were 16 put in charge of the heavy duty truck division at 17 the Allied Drive facility? 18 A. No, there was not. 19 Q. And in terms of the time line of Mr. Bob 20 Rogers' work with with Maremont, was there a point 21 when he left and then came back? 22 A. Yes, he left Maremont, but when he came 23 back it was Nutum. 24 Q. And what was his position when he came back 25 for Nuturn? Page 17 1 1 to Nutum? 2 A. Either shortly before or shortly thereafter. 3 Q. And that was in 1977? 4 A. Probably the end of 1977 or maybe '79. 5 I'm sorry, I don't remember very well. 6 Q. That's fine. I just want to the best of 7 your recollection and if all you can give me is an 8 estimate over several years, that's fine. Did you 9 have responsibilities ofthe products that were 10 leaving the Smithville, Tennessee facility? 11 A. Yes, I did. 12 Q. Are you aware of what brands of products -- 13 what brand names those products went out under? 14 A. I'm not sure I could recollect them all 15 from memoiy right now but ifyou want to refresh my 16 memory. I'll try to remember. 17 Q. Well, were Grizzly friction products 18 distributed through the Smithville, Tennessee 19 facility? 20 A. They were manufactured there and sold, yes. 21 Q. And was the OTC brand manufactured and sold 22 through the Smithville Tennessee facility? 23 A. Yes, it was. 24 Q. Was the All-In-One brand of friction 25 materials manufactured and sold through the 1 j \ I j j 1 5 (Pages 14 to 17) Carl Liggett March 29,2002 Page 18 1 Smithville, Tennessee facility? 2 A. Yes, it was. 3 Q. Was the AIO brand of friction material 4 distributed, manufactured and sold through the 5 Smithville, Tennessee facility? 6 A. The All-In-One was, yes. 7 Q. Mr. Liggett, as operations manager with the 8 Allied Drove facility and with the Paulding, Ohio 9 facility, did you have responsibilities in terms of 10 the negotiations that Maremont engaged in with 11 Turner and Newell pertaining to the transfer of the 12 brake systems division? 13 A. No, I did not. 14 Q. Did you serve in a capacity on Maremont's 15 board of directors? 16 A. No, I did not. 17 Q. Aside from yourself, was there someone who 18 had responsibility for the Paulding, Ohio facility 19 who was primarily based in Paulding from the time 20 you gained responsibility for that facility through 21 1977? 22 A. At one time there was a man named Bill 23 Shunk. 24 Q. And do you know if Mr. Shunk is still 25 living? Page 20 j 1 asbestosis. 2 BY MR. STEWART: 3 Q. How did you come to learn that? | jj | 4 A. From the OSHA regulations and information \ 5 put forth by the Asbestos Information Association. i 6 Q. And was the information that was put forth i 7 by the Asbestos Information Association, was that 8 something that you were privy to before you started 9 with Maremont? In other words, did you come to the - 10 company with that knowledge? 11 A. No. j 12 Q. And same question as to the OSHA 13 regulations. 14 A. I don't recall if I was aware of the 15 general news media accounts of asbestos exposure 16 before I went there or after I got there. 17 Q. Did you attend meetings of the Asbestos 18 Information Association yourself? ] J ; 19 A. Yes, I did. 20 Q. From what time period did you start 21 attending meetings of the AIA? ( | 22 A. Again, you are asking me to recall things 23 from many years back. I would say in the '75 to 24 77 time period. 25 Q. Did you continue to attend those meetings | i j f j Page 19 1 A. 1 believe he still is. 2 Q. Do you know where he resides? 3 A. 1 believe it's in Pennsylvania. 4 Q. Mr. Liggett, when did you first become 5 aware of any health hazards concerning asbestos? 6 MR. CANONI: Objection as to form. 7 THE WITNESS: Help me understand 8 your question. 9 BY MR. STEWART: 10 Q. Sure. Let me see if I can rephrase it. 11 At the time when you began working for Maremont in 12 late '72, were you aware of any health hazards 13 associated with exposure to asbestos? 14 MR. CANONI: Objection as to form. 15 BY MR. STEWART: 16 Q. You can go ahead and answer my question if 17 you understand it, Mr. Liggett. 18 A. I was aware of the OSHA regulations that 19 pertained to asbestos exposure. 20 Q. And did you have an understanding as to why 21 OSHA had regulations in place pertaining to asbestos 22 exposure? 23 MR. CANONI: Objection as to form. 24 THE WITNESS: I understood that 25 prolonged exposure to high dosages could cause Page 21 1 1 when, as you understood it, the company, the 2 employer you worked for, was Nutum? 3 MR. CANONI: Objection as to form. 4 THE WITNESS: I don't recall if I 5 or one of my subordinates attended at that point. 1 6 BY MR. STEWART: | 7 Q. If you were to have sent subordinates to an | 8 AIA meeting could you tell me who would be the most 1 9 likely individuals that would have attended those j 10 meetings? In other words, looking back, what j 11 subordinates had responsibilities that would have 12 made them people that you would have likely chosen 13 to attend those meetings? 1 14 MR. CANONI: Objection as to form. 15 THE WITNESS: If I understand the 16 question, it probably would have been Cindy Hayes, 1 17 who was the personnel manager with the 1 18 responsibilities for health and safety. 1 19 BY MR. STEWART: 20 Q. Do you know if Cindy Hayes is still living? j 21 A. Yes, I do. | 22 Q. And do you know where she resides? j 23 A. In Oregon. I 24 Q. Do you know who her current employer is, if | 25 she is employed? 1 6 (Pages 18 to 21) Cart Liggett March 29,2002 Page 22 1 A. I believe that it's a company called 2 Superior Medical Products. 3 Q. Mr. Liggett, was there a period of time 4 when you had responsibility for safety and health 5 training in regards to the Allied Drive facility? 6 And my question encompasses both the '72 to 11 time 7 period and continuing on under the Nutum banner. 8 A. Yes. 9 Q. What time period did you have 10 responsibility for safety and health training at the 11 Allied Drive facility? 12 A. Either I or through subordinates, from the 13 time that I arrived until the time that I left. 14 Q. And does that apply to the Paulding, Ohio 15 facility in respect to - starting from the time 16 when you were given responsibility as operations 17 manager for that location? 18 A. Yes. 19 Q. From the time that you were given 20 responsibility for Paulding, Ohio, how often would 21 you need to travel to that facility in the average 22 month or year, however best you can estimate for me? 23 MR. CANONI: Are you restricting 24 the question to the time when Maremont owned it? 25 MR. STEWART: No. L Page 24 1 facility? 2 A. No, I don't recall all of them. 3 Q. Which ones do you recall? 4 A. I recall the Grizzly, the Silver Tip. The 5 brands that got assembled into Sears products, I 6 don't think had a brand name of their own until 7 they were part of the Sears product. If you were ( 8 to refresh my memory, I might recollect some others, j 9 Q. I'll just quickly go through the list with I 10 you, Ultra? j 11 A. Yes, that was a brand. 1 12 Q. Distributed through Paulding, Ohio? 1 13 A. Manufactured by Paulding. I 14 Q. Okay. Hyper? \ 15 A. That's another one. j 16 Q. Safety Grip? 17 A. That's another one. i 18 Q. Silver Tip? 1 19 A. Yes. J 20 Q. XT Woven? | 21 A. I don't recall that. j 22 Q. Syncro? 1 23 A. I don't recall that one. j 24 Q. SS Metallic? 25 A. I vaguely recall that one. Page 23 1 MR. CANONI: Object as to form. 2 THE WITNESS: When I got initial 3 responsibility, I would travel two to four times per 4 month, and as I became more involved in building the 5 Smithville plant, it would drop down to perhaps once 6 a month. 7 BY MR. STEWART: 8 Q. When you first started having supervisory 9 responsibilities of operations at Paulding, Ohio what 10 was the range of friction products that were 11 manufactured and/or assembled at that facility? 12 A. At Paulding, Ohio? 13 Q. Yes. 14 A. They manufactured drum brake lining, disc 15 pads, clutch facings, and truck block. 16 Q. Did the truck block that was manufactured 17 at Paulding, Ohio contain asbestos friction material 18 when you began supervising operations in '75? 19 A. Yes, it did. 20 Q. Did it contain non-asbestos components as 21 well? 22 A. Yes, it did. 23 Q. Do you recall the brand names of the 24 friction products distributed out of Paulding, Ohio 25 when you took over as operations manager at that Page 25 1 Q. And Tru-Guard? 2 A. That's correct. 3 Q. Mr. Liggett, did you ever come to know an 4 individual by the name of Kenneth Cornelius in your 5 work for Maremont Corporation? 6 A. Yes, I did. 7 Q. What was Mr. Cornelius's position with the 8 company when you first started? 9 A. He was performing a financial function. He 10 was probably the controller of the friction products 11 group. | 12 Q. Was Mr. Cornelius someone that you had 13 responsibility to interact with directly? 14 A. Yes, I did. 15 Q. And while Bob Rogers was with Maremont, 16 were you aware of whether Mr. Rogers would interact 17 with Mr. Cornelius? 1 18 A. Yes, I am. j 19 Q. And did he do so? 1 20 A. Yes, he did. I 21 Q. On what type of matters did you, yourself, 1 22 have to discuss or report to Mr. Cornelius? j 23 A. Yearly budgets, monthly financial 1 24 statements. f 25 Q. Mr. Liggett, have you ever had occasion to 1 7 (Pages 22 to 25) Carl Liggett March 29,2002 Page 26 1 review the deposition that Mr. Cornelius gave back 2 in November of 1983? 3 A. Not to my knowledge. 4 Q. Were you aware that in 1982 the Maremont 5 company sold its remaining 20 percent share of 6 Nuturn and that prior to 1982 Maremont continued to 7 own a 20 percent share of the Nuturn company? 8 MR. CANONI: Objection as to form. 9 THE WITNESS: I left Nuturn 10 sometime in 1979, so I'm not sure of, you know, 11 everything that transpired after that date. 12 BY MR. STEWART: 13 Q. I'm sorry, what date did you leave Nuturn? 14 A. I believe it was 1979. 15 Q. Do you know approximately what month that 16 was that you left Nuturn? 17 A. No, I'd have to go back and see if I could 18 refresh my memory. 19 Q. Up until the time that you left Nuturn, 20 were you aware that Maremont was a 20 percent owner 21 ofNuturn during that time period? 22 MR. CANONI: Objection as to form. 23 BY MR. STEWART: 24 Q. You can answer the question, sir. 25 A. Yes, I was. Page 28 1 Nuturn was formed that you, yourself, did not have 2 responsibility over the heavy duty truck division at 3 the Allied Drive location? 4 A. I never had responsibility for the truck 5 division. 6 Q. Are you aware as to whether the heavy duty 7 truck division continued its operations after Nuturn 8 was formed? 9 A. Yes, I am. 10 Q. And did they do so? 11 A. Yes, they did. 12 Q. And was Bob Steinmetz still with the heavy 13 duty truck division when Nuturn was formed? 14 A. To the best of my recollection, yes, he 15 was. 16 Q. And please don't take disrespect from this 17 question, but would Bob Steinmetz have a better 18 understanding of what products were distributed 19 through the heavy duty truck division than yourself? 20 A. I take no offense. And yes, he would. 21 Q. And would Bob Steinmetz have a better 22 understanding as to whether there were capacities 23 that Maremont Corporation was engaged in with 24 regards to the heavy duty truck division after 25 Nuturn was formed? * Page 27 1 Q. And during the time period of 1977 and when 2 Nuturn was created until the time you left in 1979, 3 did you continue to have business dealings with 4 anyone under the employ of Maremont? 5 A. Yes, I did. 6 Q. Who did you have business dealings with at 7 Maremont during that time period? 8 A. Dick Sealey, Ken Cornelius, I think that 9 would be the two main people. 10 Q. What was Mr. Sealey's role with Maremont at 11 that time? 12 A. He was in charge of all sales to Sears. 13 Q. And did Mr. Cornelius still have the role 14 as the financial controller as you described, or 15 maybe you could just tell me what his -- either his 16 title or his position with Maremont as you 17 understood it to be was for that time period? 18 A. With Maremont he was still in a financial 19 capacity. I think he was a member ofNutum's 20 board. 21 Q. Were there other individuals who served on 22 Nutum's board who were also Maremont employees, if 23 you know? 24 A. I would not know for sure. 25 Q. Did I understand correctly that even after Page 29 1 MR. CANONI: Objection as to form, 2 lack of foundation. You may answer. 3 THE WITNESS: He'd be a much 4 better source. 5 BY MR. STEWART: 6 Q. Mr. Liggett, during your time period as 7 operations manager with Maremont, prior to the 8 formation of Nuturn, are you aware of any OSHA 9 violations with regards to asbestos at any Maremont 10 facility? 11 A. Please repeat that question. 12 Q. I'd be happy to. During your tenure with 13 Maremont, prior to the formation of Nuturn, are you 14 aware of any OSHA violations at any Maremont 15 facilities? 16 A. I do recall there were OSHA violations. 17 I'd like to say that I never seen an OSHA 18 inspection where there were not some violations. 19 Q. And my question is specific with asbestos, 20 do you recall asbestos-related OSHA violations? 21 A. I don't recall them. 22 Q. Can you explain for me the role that Wayne 23 Knight had at Maremont during the mid '70s? 24 A. Wayne Knight was the general manager of the 25 brake products division prior to there being an j 1 1 8 (Pages 26 to 29) Carl Liggett March 29, 2002 Page 30 1 Allied Drive facility. He was responsible for both 2 production and marketing functions, I believe one 3 hundred percent related to Paulding, Ohio. 4 Q. Did Mr. Knight ever discuss with you any 5 OSHA citations or penalties pertaining to asbestos? 6 A. No, he did not. 7 Q. Mr. Liggett, why did you leave Nutum in 8 1979? 9 A. Bob Rogers, the president, and I were not 10 getting along well. 11 Q. I have a few questions for you about the 12 durability of the friction products that were 13 manufactured by Maremont, and again, after Nutum 14 took over but in particular to -- I'll start with 15 the period prior to the formation of Nutum. 16 Do you have an understanding as to 17 the shelf life of the drum lining material? 18 MR. CANONI: Objection as to form. 19 THE WITNESS: I'm not sure I 20 understand the question. 21 BY MR. STEWART: 22 Q. I think I can ask it a better way. I 23 apologize. 24 Was the drum lining material that 25 was manufactured by Maremont a perishable material Page 32 j 1 overstock or materials on hand at the time that 2 Nutum was formed with respect to the 3 Maremont/Tumer and Newell agreement? Was that an 4 aspect that you had any responsibilities for? 5 A. I'm not sure I understand the question. 6 Q. Well, in your role with operations, did you 7 have oversight over how -- Strike that. 8 Were materials warehoused at the 9 Paulding, Ohio facility? 10 A. Yes, they were. 11 Q. And were they warehoused at the Allied 12 Drive facility? 13 A. Yes, they were. 14 Q. Did you have responsibility over keeping 15 track of how much materials were on hand in the 16 warehouses? 17 A. Yes, I would. 18 Q. And at the time that Nutum was formed did 19 you have subordinates or were there other people at 20 a lateral level to you that also had 21 responsibilities over the materials in the warehouse 22 and how they were distributed to customers? 23 A. I'm not sure I understand the question, but 24 if you're asking was it my goal to keep enough in 25 stock that we didn't run out but so little in stock i j ! ! ] 1 1 f 1 f j j | ; ' ' : : J 1 Page 33 j Page 31 1 such that Maremont advised that stock only be kept 2 on shelves for a certain amount of time? 3 In other words, was drum lining a 4 product that if it was in the box and on the shelf 5 in a warehouse or at an auto parts dealer, is that 6 a product that would, for example, have a date to 7 use by or sell by associated with it? 8 A. If you're referring to the linings that had 9 adhesive on them so they could be bonded by the 10 automotive rebuilder, then, yes, there would be a 11 time after which the adhesive would probably not be 12 good. 13 Q. And same question as to disc pads. 14 A. Disc pads would probably be riveted so 15 there would be less concern about shelf life. 16 Q. Same question as to clutch facings. 17 A. I don't believe there would be a shelf life 18 issue on clutch facings. 19 Q. And same question as to truck block. 20 A. Probably not a shelf life. Speaking 21 strictly on a performance standard, obviously you 22 wouldn't want to invest a lot of money and just 23 have it sit around forever. 24 Q. I understand. Mr. Liggett, do you recall 25 any instructions or provisions that had to do with 1 that we turned our inventory as many times as j 2 possible each year, then yes, that was my | 3 responsibility. | 4 Q. And I think what I'm getting at is a 1 5 little different from that, but who had 6 responsibility for speaking with the customers who 7 were receiving the product from the warehouses? Was j 8 that part of operations or was that a sales function 9 that was distinct from your responsibilities? | 10 A. That was a joint function. With Sears as 11 our major customer we met with them monthly to plan 12 inventory levels of each stock keeping unit. 13 Q. And if you could help me understand it in 14 terms of Sears who was a major customer of your 15 divisions. With respect to the heavy duty truck 16 division, are you aware of who their major customers 17 were at the time Nutum was formed? 18 A. No, I would not be aware of that. 19 Q. And would you be aware of whether the 1 20 manner of distribution of products from the heavy 1 21 duty truck division was something that in any way 22 involved Maremont serving in a distributor role of 23 those products after Nutum was formed? j | I 24 A. I don't believe Maremont had any function 25 in the heavy duty products division after Nutum was 9 (Pages 30 to 33) Carl Liggett March 29, 2002 Page 34 1 created. 2 Q. What is your basis of that knowledge? 3 A. Maremont's only responsibility with Nutum 4 after Nuturn was created was for Nutum to continue 5 to utilize their computer and distribution, primarily 6 their trucks, to get friction products to Sears 7 along with the shocks and exhaust that they also 8 made for Sears. 9 Q. Mr. Liggett, was it your responsibility to 10 review the purchase and sale agreement between 11 Maremont and Turner and Newell? 12 A. No, it was not. 13 Q. And would it be fair to say that there are 14 aspects of that purchase and sale agreement which 15 did not affect your work as operations manager over 16 the divisions which you've described? 17 A. I really don't have enough knowledge of the 18 purchase and sale agreement to comment on that 19 question. 20 Q. Did you have any knowledge of any 21 provisions of that agreement with regards to 22 Maremont undertaking to include Nutum as a 23 beneficiary of Maremont's insurance coverage for 24 three years following the closing date of the 25 purchase and sale agreement? Page 36 1 Sears stores nationwide, and the friction products ! 2 division wanted to utilize that system to get 3 friction materials to Sears. 4 Q. Did Maremont have an entirely different :i 5 distribution system to its non-Sears customers, if 6 you know? I 7 A. I don't know. 8 MS. KERO: David, do you mean | 9 different or separate? , 10 MR. STEWART: Well, I'm not sure 11 how the - what would be different than different or , 12 separate, but since you've asked, if you could 13 elaborate on Ms. Kero's question, Mr. Liggett, I ! 14 would appreciate it. If the use of the terms 15 different or separate have any significance as to 16 your understanding of the transportation network of 17 Maremont. ; 18 MR. CANONI: David, I think as to 19 the last question, he said he didn't know. 20 MR. STEWART: Okay. 21 THE WITNESS: I don't know. 1 22 BY MR. STEWART: 3 23 Q. Fair enough. Mr. Liggett, are you aware of j 24 whether prior to the formation of Nutum whether I 25 Maremont itself engaged in distribution of Grizzly j Page 35 1 A. That agreement was done certainly at a 2 level above my responsibility. 3 Q. Can you explain to me what the brake, dash, 4 bulk operations of Maremont were with respect to the 5 transportation network? 6 A. I don't believe I understand the question. 7 Q. Sure. Let me read a provision to you of 8 the purchase and sale agreement. It's section 2.8, 9 transportation network. 10 Maremont agrees to make available 11 to N, to the extent permitted by applicable laws and 12 regulations, for a period of three years following 13 the closing date Maremont's existing transportation 14 network including its brake, dash, bulk operations. 15 Maremont's charges for such services will be tariffs 16 used in its internal charge system. Such tariffs 17 after reimbursement to N of any excess charges on a 18 semi-annual basis will be at rate equivalent to the 19 actual cost of the network as a whole. 20 In that context do you have an 21 understanding of what brake-bulk operations were? 22 A. I think so. 23 Q. Could you explain that to me, please? 24 A. Maremont had developed a system to deliver 25 their shocks and exhaust products to the network of Page 37 j 1 friction products? | 2 MR. CANONI: Ask that question 3 again, please. 4 BY MR. STEWART: | 5 Q. Well, I'm trying to understand. I will ask | 6 it again and I'll put a little explanation on there. 7 My question is whether you were aware of whether 8 Maremont prior to the formation of Nutum had its g 9 own distribution system for Grizzly friction 10 products? 11 MR. CANONI: David, do you mean to 12 differentiate between Sears and non-Sears? 13 MR. STEWART: Well, if the way I 14 asked the question doesn't convey that, then, yes, I 15 meant to. Let me ask a prefacing question, then. 16 BY MR. STEWART: 17 Q. Mr. Liggett, do you know whether Maremont 18 distributed any Grizzly brand products to Sears? 19 A. No, I don't believe they did. 20 Q. Were there Grizzly brand products for which 21 you did not have responsibility other their 22 manufacture and distribution? 23 A. The word I guess I'm confused with is 1 24 distribution. If a customer ordered it, we would 25 put it on a truck and ship it, so that is a form 1 1 10 (Pages 34 to 37) Carl Liggett March 29, 2002 Page 38 1 of distribution. 2 Q. And that's a system that's overseen by 3 people specializing in transportation and logistics, 4 is that correct? 5 A. No, that's a program that's put together by 6 hook and by crook by the warehouse and shipping 7 manager. 8 Q. Fair enough. What's the basis of your 9 belief that when Maremont agreed to make its 10 existing transportation network available to Nutum 11 that in some way that reference of the existing 12 transportation network is limited only to Sears? 13 A. Sears did a significant amount of business 14 with Maremont. I believe Maremont was their sole 15 supplier of shock absorbers and exhaust products and 16 because of that Maremont had developed a fairly 17 sophisticated computer forecasting system and a 18 fairly sophisticated system to get things to the 19 Sears stores, quote, just in time. So if they were 20 going there on a very regular basis, then it made 21 sense for Nutum to try to piggyback on that system. 22 Q. And is it fair to say that to the extent 23 that there were other regular customers of Maremont 24 friction products that those customers may, in fact, 25 have been included in that just-in-time distribution Page 40 | 1 THE WITNESS: Yes, I think so. j 2 BY MR. STEWART: 3 Q. Can you describe it for me, please? j 4 A. They had some of their very own trucks. 5 They used LTL common carriers, and some of their 6 customers would come by with their own trucks to j 5 * 7 pick up their products. 8 Q. For the trucks that the heavy duty truck j j 9 division had of their own, did those trucks bear the j 10 name Maremont on them at the time Nutum was formed? j 11 A. I don't recall. I just remember they had j 12 heavy duty. You've got to remember, heavy duty is | 13 primarily providing lining to rebuilders; not \ 14 finished product. And they were hauling a lot of 15 nonfriction related materials such as springs and 1 1 16 axle parts. 1 17 Q. Did the heavy duty truck division provide 18 linings to Sears? ) | 19 A. No. 20 Q. Was it your understanding that Maremont j | 21 continued to provide accounting services to Nutum j 22 after Nutum was formed until the time that you left j 23 Nutum? J 24 A. I don't believe that they did. Nutum had J 25 its own controller, computer system, etc. | Page 39 1 system as well as Sears? 2 MR. CANONI: Objection as to form. 3 THE WITNESS: Sears was the vast 4 majority of the passenger car friction products 5 business, way beyond 50 percent, so they were 6 virtually the only customer. 7 BY MR. STEWART: 8 Q. But, you know, my questions today, Mr. 9 Liggett, are not limited to the passenger car 10 friction products. My questions encompass and 11 include the heavy duty truck division. And to the 12 extent that there were substantial customers for the 13 heavy duty truck division other than Sears, is it 14 possible that the distribution to those customers 15 was included and a component of Maremont's existing 16 transportation network, if you know? 17 A. I do know. And no, they were not because 18 those customers were so different in their nature 19 and what they bought and the volume that they had 20 no relationship to these trucks that were hauling 21 exclusively for Sears. 22 Q. Are you aware of what type of distribution 23 system the heavy duty track division used at the 24 time Nutum was formed? 25 MR. CANONI: Objection as to form. Page 41 | 1 Q. If I represented to you that section 2.9 of j 2 the purchase and sale agreement provided that [ 3 Maremont agreed to supply for a period ofthree j 4 years following the closing date with accounting and 5 electronic data processing services, would that in J 6 any way influence your recollection? jj 7 A. I believe that would be referring to | 8 servicing the Sears businesses, that Maremont would 9 probably invoice and collect from Sears as a part of 10 their automated system. 11 Q. Was it part ofyour responsibilities to j 12 oversee any extended contracts with customers other 13 than Sears? 14 A. I'm not sure I understand that question. 15 Q. I think I can do better. I apologize. 16 Are you aware ofwhether it was a 17 practice of Maremont to negotiate sales contracts 18 with customers who would agree to purchase products 19 over a period of -- I'll just give a hypothetical. 20 you know, customer X agrees to buy disc pads for 21 the next four years from Maremont. 22 A. I know that Maremont -- or, excuse me. I 23 know that Nutum after leaving Maremont made a major 24 effort to develop a broader customers base other 25 than just Sears and was not very successful at that 11 (Pages 38 to 41) Carl Liggett March 29,2002 Page 42 1 in the short time that I was with them. 2 MR. CANONI: I guess the question 3 related to Maremont; not Nuturn, right, David? 4 BY MR. STEWART: 5 Q. My question was directed as to Maremont, 6 but it also goes more to the type of sales 7 contracts for products that would be made in the 8 friction products industry and whether Maremont 9 negotiated to, for example, sell to a customer, say, 10 Nappa. I'm not suggesting that Maremont had a sales 11 contract with Nappa, but if Nappa said we'd like to 12 buy friction products from you, would Maremont 13 endeavor to have a contract with that customer that 14 would go over a period of years of time so that 15 they would have better control over how much 16 production they were going to need to do? 17 A. I do know that Maremont sold friction 18 lining to rebuilders. I had no responsibility. 19 That was marketing. So that's not an area that I'm 20 intimately familiar with. 21 Q. Are you aware as to whether Nuturn 22 endeavored to continue the relationships with 23 rebuilders that Maremont had established in terms of 24 the sale of friction linings? 25 A. Yes, I do. Page 44 1 recall it but out of my memory, I don't think I can 2 answer you. 3 Q. I don't have anything to show you about 4 that. I just was inquiring of your memory so - 5 Mr. Liggett, do you have an 6 understanding as to why Maremont retained a 20 7 percent interest in Nuturn from the time it was 8 formed until the time you left the company? 9 MR. CANONI: Objection as to form. 10 THE WITNESS: As I mentioned 11 earlier, I was not a party to those negotiations. 12 BY MR. STEWART: 13 Q. But it is something that you're aware of 14 that Maremont did, in fact, own 20 percent of ! 15 Nuturn? 16 A. That's correct. 17 Q. How often would Maremont -- You mentioned 18 two Maremont employees that you continued to have 19 interactions with, Dick Sealey and Kenneth Cornelius, 20 after Nuturn was formed. 21 Can you tell me how often those 22 individuals would come to the, if at all, facilities . 23 at Allied Drive after Nuturn was formed or were your 24 dealings with them at some other location or over 25 the telephone? Page 43 1 Q. And was that something that Nuturn 2 endeavored to continue? 3 A. Yes, it was. 4 Q. And what individuals at the time Nuturn was 5 formed were responsible for the continuation of 6 those relationships with rebuilders? 7 A. I believe that would be Bob Rogers and Jim 8 Mellow. 9 Q. Could you spell Jim's last name, please? 10 A. M-E-L-L-O-W. 11 Q. What was his position at the time Nuturn 12 was formed? 13 A. VP of sales and marketing. 14 Q. Do you know whether Mr. Mellow is still 15 living? 16 A. I don't know. 17 Q. Was he still with Nuturn when you left the 18 company? 19 A. Yes, he was. 20 Q. Are you aware of whether Maremont made any 21 announcements to its non-Sears customers to the 22 effect that they were -- that they were selling the 23 friction products division to Nuturn? 24 A. Mr. Stewart, I'm sorry, that's been a few 25 years. If you have something to show me, I may Page 45 1 A. Primarily at other locations. 2 Q. And you mentioned that Ken Cornelius was a 3 member of Nuturn's board of directors, as you 4 understand it, is that correct? 5 A. I think for some period of time he was. 6 Q. Are you aware of any officers with Nuturn 7 serving in a role on Maremont's board of directors? 8 A. No, I'm not. 9 Q. And I'd just like to ask you a few ; 10 questions about the affidavits which I was provided | 11 with signed by you, Mr. Liggett. The first one I j 12 was provided with -- Well, they're very similar. It 13 looks like the only difference is a reference to an 14 Exhibit A in the first one from a Harris County 15 Texas case. Do you have a copy of either of your 16 affidavits there with you today? 17 A. No, I don't. 18 MR. STEWART: Counsel, do you have 19 a copy of Mr. Liggett's affidavit there with you in 20 Chicago? ! 21 MR. CANONI: No, I don't. j 22 MR. STEWART: It's only two pages. | 23 Let's recess for a moment and I will fax that to 24 you. We can go off the record. 25 (Whereupon, a brief recess was j 12 (Pages 42 to 45) Carl Liggett March 29,2002 Page 46 1 taken.) 2 BY MR. STEWART: 3 Q. Mr. Liggett, who sent you the affidavit 4 that -- I'll go ahead and mark this as Exhibit One 5 to the deposition. 6 (Whereupon, Exhibit-1 was marked 7 for purposes of identification.) 8 BY MR. STEWART: 9 Q. Can you tell me who sent Exhibit One to 10 you? 11 A. The law firm of Kasowitz Denson. 12 Q. Can you tell me approximately how many 13 declarations or affidavits that that law firm has 14 sent to you over the last three years? 15 A. Four to five. 16 Q. How did they contact with you regards to 17 requesting an affidavit? 18 A. Usually by telephone. 19 Q. I'd like to ask you about some of the 20 matters contained in this particular affidavit. My 21 copy doesn't have a date on it but this may have 22 been one that didn't come through. Do you recall 23 when you signed the affidavit that we've marked as 24 Exhibit One? 25 A. No, I don't. Page 48 1 Maremont's records? 2 A. I've primarily reviewed those with Mr. 3 Canoni when he would be in Chicago. 4 Q. Approximately how much time, if you could 5 estimate for me, have you spent reviewing Maremont 6 records in the last three years? 7 A. To give you a guesstimation, I would say 8 two to three hours. 9 Q. Can you estimate for me how many hours 10 total you have consulted for Maremont in regards to 11 asbestos? 12 A. I would say approximately 20. 13 MR. CANONI: Do you mean outside 14 depositions or total? 15 MR. STEWART: Everything. 16 MR. CANONI: If you know. 17 THE WITNESS: I think it's been 18 between ten and 30 hours. 19 BY MR. STEWART: 20 Q. In paragraph three of the affidavit, it 21 describes that Maremont continued to manufacture 22 asbestos containing friction products including brake 23 linings at the Paulding, Ohio facility until June 24 30th, 1977 when Maremont sold its Grizzly friction 25 products division to Nutum Corporation. Page 47 1 Q. In paragraph two ofthe affidavit it 2 describes Maremont Corporation purchasing assets of a '*> company called Grizzly Manufacturing. Are the terms 4 ofthat purchase agreement something that you came 5 to be aware of at some time after you began working 6 for Maremont? 7 A. 1 have a vague knowledge of that, yes. 8 Q. And would it be fair to say that in terms 9 of how that transaction was carried out and what 10 form of business transaction was used that that is 11 something that's outside the scope of your 12 knowledge? 13 A. Yes, I have, you know, reviewed the 14 documents. I've not read them word for word. 15 Q. Is that something that you reviewed as a 16 Maremont employee or is that something you've 17 reviewed in preparation for the depositions in the 18 last few years pertaining to asbestos? 19 A. The latter part of your question would be 20 the correct one. 21 Q. Has Maremont -- Strike that. 22 How do you go about reviewing the 23 Maremont records? Is that something that you do in 24 the Chicago area? Do you have copies ofrecords sent 25 to you or do you go somewhere else to look at Page 49 1 Could you describe for me, to the 2 extent we haven't already covered this today - I've 3 asked you about a number of the brand names of 4 friction products that Maremont manufactured. Were 5 those brand names divided up into different 6 divisions of the company? 1 7 A. I'm not sure I understand the question. 8 Q. Well, I'm just trying to understand the 9 description given here in paragraph three. It says 10 that Maremont sold its Grizzly friction products 11 division. Was there a distinct division of Grizzly 12 friction products at Maremont? 13 A. Yes, there was. At some point, the 14 passenger car division, which was almost exclusively 15 Sears, was split off from the Grizzly group, which 16 was almost exclusively rebuilders. And the Grizzly 17 friction is the one that had all of those trademarks 18 that you and I were trying to recall. The 19 passenger car division assembled those linings at 20 the Allied Drive facility for sale primarily to 21 Sears. So that's where I ran -- Bob Rogers was the 22 head of the passenger car group and I was the 23 operations manager reporting to him and Bob 24 Steinmetz ran the heavy duty division which was the 25 Grizzly product group. 13 (Pages 46 to 49) Carl Liggett March 29,2002 Page 50 1 Q. And if I understand this correctly, just 2 prior to the time Nuturn was formed, were there 3 products that came to market under the Grizzly brand 4 that were manufactured in both Paulding, Ohio and at 5 the Allied Drive facilities? 6 A. The Grizzly products were manufactured in 7 Paulding. 8 Q. And were they both distributed from 9 Paulding and from Allied Drive? 10 A. Yes, that's correct. 11 Q. And in terms of Maremont's Corporate 12 structure, was the Grizzly product group a distinct 13 subsidiary of the Maremont Corporation prior to the 14 formation of Nuturn, if you know? 15 A. I don't know if it was a distinct 16 subsidiary. I know it functioned as a separate 17 operational group. 18 Q. And as I understand your testimony, it's 19 your understanding that the Grizzly product group 20 was transferred to Nuturn on June 30th, 1977? 21 A. That's correct. 22 Q. And in the next paragraph, paragraph four, 23 in the last sentence you state that Maremont no 24 longer manufactured any asbestos containing friction 25 products. But in terms of distribution of friction Page 52 j 1 I'm aware that they sold it to Nuturn Corporation 2 around 1977, and I've just stated that they 3 continued to help deliver them to the Sears 4 Corporation for some time period after that and I 5 presume that ended in 1980. 6 Q. In terms of Maremont, while Maremont was 7 distributing linings through its heavy duty truck 8 division, that was never a department that you had a 9 responsibility for, is that correct? 10 A. I had some responsibility for the 11 manufacture of those products, which I in turn sold 12 to the heavy duty division and then they had 13 responsibility for the sales and distribution and I 14 did not, so that is correct. Other than getting 1 5them to the heavy duty group, that's all I had to 16 do. 17 Q. And in terms of what happened on July 1, 18 1977, did your responsibilities to the heavy duty 19 products group change when you became an employee of 20 Nuturn? 21 A. Not really. 22 Q. So after 1977 you were not given 23 responsibility for the distribution of products 24 distributed by the heavy duty products division? 25 A. The only responsibility I would have is if | 1 j j j j j j I j j 1 1 ; , - j f l 1; Page 51 1 products, is it fair to say that Maremont was still 2 engaged in the distribution of friction products 3 after July 1 of 1977? 4 A. Maremont assisted Nuturn in the delivery of 5 products to Sears. 6 Q. So that would be a yes? 7 A. I guess that answer stands as I gave it. 8 Q. Have you reviewed defendant Maremont's 9 second supplemental responses to standard 10 interrogatories to friction defendants pursuant to 11 general order number 129 out of San Francisco? 12 A. I don't have any idea what you're talking 13 about. 14 Q. Has Mr. Canoni discussed with you or anyone 15 from his office a statement made by attorneys for 16 defendant Maremont Corporation that Grizzly was 17 engaged in the manufacture of, and they say such 18 products and I'll represent to you that that's 19 friction products, from 1953 until 1977 and in the 20 distribution of such products from 1953 until 1980? 21 A. I'm not sure I understand your question. 22 Have they discussed that with me? 23 Q. Yes. 24 A. I'm aware that Grizzly made friction 25 products; that Maremont bought them around 1953. Page 53 ! 1 they sold something manufactured at the Paulding | 2 plant and they told me where to ship it. I would 3 see that it got on the truck and went to their | 4 rebuilder. j 5 Q. Are you aware of whether Bob Steinmetz had 6 interaction with anyone at Maremont from the time I 7 period of July 1, 1977 until you left Nuturn? | 8 A. I was not that familiar with what Bob 9 Steinmetz did. | 10 Q. Is it possible that Bob Steinmetz relied on 11 Maremont for any -- and I'm not talking substantial. 12 I'm using the word any--assistance in distribution 1 13 of friction products from July 1, 1977 until the J 14 time you left the company? 15 A. Again, I think it would be presumptuous of 16 me to say what Bob Steinmetz did or didn't do 17 because he and I did not work that closely and I 18 don't know who he would have relied upon. By this 19 time, I'm busy building and starting up a plant in 20 Smithville, Tennessee and Bob Steinmetz has started 21 a facility in Nashville separate from Allied Drive, 22 so he and I were not seeing each other. 23 Q. And you've previously stated that the 24 purchase and sale agreement of Maremont was not a I 25 project that you had direct responsibility for I 14 (Pages 50 to 53) Carl Liggett March 29, 2002 Page 54 1 negotiating, and to the extent that there were 2 aspects of that outside of your responsibilities, 3 there's things about that that you just may not have 4 needed to know about, is that correct? 5 MR. CANONI: That's already 6 testified to. 7 THE WITNESS: That's correct. I 8 had very little to do with the purchase and sale 9 agreement negotiation. 10 BY MR. STEWART: 11 Q. The next statement you make in paragraph 12 four is that Maremont no longer manufactured any 13 asbestos containing products. But in 1977 as of 14 July 1 st, Maremont did still own 20 percent of 15 Nutum, is that correct? 16 A. That's my understanding, yes. 17 Q. Does that modify how you would state that 18 Maremont no longer manufactured asbestos containing 19 friction products given that they owned 20 percent 20 of Nuturn? 21 MR. CANONI: Objection as to form. 22 THE WITNESS: I don't think being 23 an investor means that they were doing it. 24 BY MR. STEWART: 25 Q. At what point in time did you feel that Page 56 1 BY MR. STEWART: 2 Q. Did you and Bob Steinmetz have to review or 3 oversee each other's operations after the sale to 4 Nutum? 5 A. No, we did not review or oversee each 6 other. 7 Q. Is it fair to say that it's possible that 8 Bob Steinmetz and his division continued to have 9 interactions with the Maremont Corporation after the 10 formation ofNutum which you would not have been j 11 aware of? | 12 MR. CANONI: Objection as to form. j 13 THE WITNESS: You know, you're l 14 talking about people that have known each other 15 socially for many years, so I'm sure -- ' 16 BY MR. STEWART: 17 Q. I'll limit it to a business relationship. 18 A. No, I don't think there was much that 19 occurred. 20 Q. Mr. Liggett, did you have occasion to work 21 with an individual named Rita Grisham? 22 A. Yes, I did. : 23 Q. It's my understanding that she was a l 24 director of personnel of Nutum? | 25 A. Initially, she was Bob Rogers secretary and | j Page 55 1 you and Bob Rogers were not seeing eye to eye on 2 things? Was that - Were you having problems with 3 Bob Rogers at the time that Nutum was formed? 4 MR. CANONI: When Nuturn was 5 formed, Bob Rogers wasn't with Maremont. 6 THE WITNESS: That's correct. 7 MR. STEWART: That's correct. 8 BY MR. STEWART: 9 Q. I'm asking about the relationship with 10 yourself and Bob Rogers. At the time Nutum was 11 formed, I understand that he was given the title and 12 position with Nutum. What my question goes to is 13 were you getting along with him at that time? 14 A. When Bob Rogers came back he was involved 15 in negotiating the purchase and sale agreement. I 16 was involved in running a plant. So we had very 17 little interaction. I would say that Bob Rogers was 18 always a challenging boss to work for. 19 Q. Did Bob Steinmetz have a responsibility to 20 report to Bob Rogers? 21 A. Yes, he did. 22 MR. CANONI: Are you talking about 23 after the sale? 24 MR. STEWART: After the sale. 25 THE WITNESS: Yes. Page 57 1 administrative assistant. 2 MR. CANONI: He's asking with 3 Nutum. 4 THE WITNESS: Excuse me, yes, I 5 think that would be correct. 6 BY MR. STEWART: 7 Q. It's my understanding that in a prior 8 deposition Ms. Grisham stated that in 1977 all 9 products manufactured by Nutum in terms of the 10 friction products contained asbestos, would you agree 11 with that? 12 A. Repeat that question again, please. 13 Q. That all friction products manufactured by 14 Nutum contained asbestos in 1977? 15 A. I would certainly say the vast majority. 16 There might have been a few experimental products 17 that were not asbestos. 18 Q. In her prior deposition she stated that 19 Nutum first marketed non-asbestos brake blocks in 20 the first quarter of 1982 and non-asbestos clutch 21 facings in mid 1981, would you agree with that 22 statement? 23 A. Yes, I would. 24 Q. Mr. Liggett, that's all the questions I 25 have today. I appreciate you making yourself 1 1 1 1 j 15 (Pages 54 to 57) Carl Liggett Page 58 1 available to us today and I'll turn it over to Mr. 2 Canoni or Ms. Kero. 3 MR. CANONI: I have no questions 4 for the witness at this time. 5 MS. KERO: I have no questions 6 either. 7 THE COURT REPORTER: Mr. Stewart, 8 would you like to order the original of that 9 transcript? 10 MR. STEWART: Yes. 11 THE COURT REPORTER: Ms. Kero, 12 would you like to order a copy of the transcript? 13 MS. KERO: Yes. 14 THE COURT REPORTER: Mr. Canoni, 15 would you like to order a copy of the transcript? 16 MR. CANONI: No, I'll share with 17 Ms. Kero. 18 (Whereupon, the deposition was 19 concluded at 1:10 p.m.) 20 21 22 23 24 25 March 29,2002 16 (Page 58) Carl Liggett March 29,2002 Page 1 absorbers 38:15 ACandS 1:8 accounting 40:21 41:4 accounts 20:15 Accurate 5:1,4 activities 10:15 actual 35:19 adhesive 31:9,11 administration 8:2 administrative 57:1 advised 31:1 affect 34:15 affidavit 45:19 46:3,17 46:20,23 47:1 48:20 affidavits 45:10,16 46:13 afternoon 3:9 ago 5:13 15:4 agree41:18 57:10,21 agreed 38:9 41:3 agreement 32:3 34:10 34:14,18,21,25 35:1 35:8 41:2 47:4 53:24 54:9 55:15 agrees 35:10 41:20 ahead 19:16 46:4 AIA 20:21 21:8 AIO 18:3 Air 8:13,15,19,22 al 1:8 alive 14:24 Allied 9:10 10:6,16,20 11:2,8,11,13,22 12:4 14:3 15:11,17 16:5 18:8 22:5,11 28:3 30:1 32:11 44:23 49:20 50:5,9 53:21 All-In-One 11:4,17 17:24 18:6 amount 6:6 31:2 38:13 and/or 23:11 announcements 43:21 answer 4:15 19:16 26:24 29:2 44:2 51:7 answers 5:18 apologize 30:23 41:15 APPEARANCES 2:1 Appearing 2:7,14,21 applicable 35:11 apply 22:14 appreciate 36:14 57:25 approximately 3:15 4:2 5:5 26:15 46:12 48:4,12 area 12:23 42:19 47:24 arrived 22:13 asbestos 3:22 4:6 5:10 5:16 19:5,13,19,21 20:5,7,15,17 23:17 29:9,19 30:5 47:18 48:11,22 50:24 54:13 54:18 57:10,14,17 asbestosis 20:1 asbestos-related 29:20 aside 6:10 11:13,16 18:17 asked 36:12 37:14 49:3 asking 3:17 20:22 32:24 55:9 57:2 asks 6:12 aspect 32:4 aspects 34:14 54:2 assembled 10:22 16:18 23:11 24:5 49:19 assembly 16:11 assets 47:2 assistance 53:12 assistant 57:1 assisted 51:4 associated 10:19 19:13 31:7 association 6:2 20:5,7 20:18 assume 4:8,15 attend 20:17,25 21:13 attended 21:5,9 attending 20:21 attorney 6:23 7:1 attorneys 51:15 auto 31:5 automated 41:10 automotive 31:10 available 35:10 38:10 58:1 Avenue 1:24 average 22:21 aware 11:14 17:12 19:5 19:12,18 20:14 25:16 26:4,20 28:6 29:8,14 33:16,18,19 36:23 37:7 39:22 41:16 42:21 43:20 44:13 45:6 47:5 51:24 52:1 53:5 56:11 axle 40:16 a.m 1:23 3:3 S back 15:21,23,24 20:23 21:1026:1,17 55:14 background 7:20 banner 22:7 base 41:24 based 18:19 basic 4:10 7:10 basis 34:2 35:18 38:8 38:20 bear 40:9 began 14:19 19:11 23:18 47:5 beginning 7:4 9:7 15:12 behalf 1:15 2:7,14,21 belief 38:9 believe 9:6 12:18 13:1 16:1 19:1,3 22:1 26:14 30:2 31:17 33:24 35:6 37:19 38:14 40:24 41:7 43:7 beneficiary 34:23 best 4:11 12:21 14:24 17:6 22:22 28:14 better 28:17,21 29:4 30:22 41:15 42:15 beyond 39:5 Bill 18:22 block23:15,16 31:19 blocks 57:19 board 6:20 18:15 27:20 27:22 45:3,7 Bob 12:18 14:21 15:19 25:15 28:12,17,21 30:9 43:7 49:21,23 53:5,8,10,16,20 55:1 55:3,5,10,14,17,19 55:20 56:2,8,25 bonded 31:9 boss 55:18 bought 39:19 51:25 box 11:1731:4 brake 11:4 16:17,18 18:12 23:14 29:25 35:3,14 48:22 57:19 brakes 10:22,23 11:1,1 13:10,12 brake-bulk 35:21 Brake-In-A 11:17 Brake-In-A-Box 11:5 brand 10:25,25 11:6 13:11,13,17,19,20,25 14:1,7,11,13,15,18 17:13,21,24 18:3 23:23 24:6,11 37:18 37:20 49:3,5 50:3 brands 11:8,16,18 13:14 17:12 24:5 Brayton 2:3 brief 45:25 briefly 7:18,19 16:9,15 broader 41:24 Broadway 2:18 budgets 25:23 building 16:7 23:4 53:19 bulk 11:11 35:4,14 business 3:18 8:1 13:5 27:3,6 38:13 39:5 47:10 56:17 businesses 41:8 busy 53:19 buy 41:20 42:12 BY-MR.STEWART 3:8 B.S 8:1 C called 11:6 22:1 47:3 Canoni2:16 6:22 7:1,3 7:5,13 19:6,14,23 21:3,14 22:23 23:1 26:8,22 29:1 30:18 36:18 37:2,11 39:2 39:25 42:2 44:9 45:21 48:3,13,16 51:14 54:5,21 55:4 55:22 56:12 57:2 58:2,3,14,16 capacities 28:22 capacity 5:6,23 6:19 18:14 27:19 car 10:22 12:1 15:8 39:4,9 49:14,19,22 career 3:18 7:18,19 Carl 1:13,20 3:4,11 carried 47:9 carriers 40:5 case 1:7 45:15 cause 19:25 certain 31:2 certainly 35:1 57:15 challenging 55:18 change 52:19 charge 15:16 27:12 35:16 charges 35:15,17 Charman 8:24 Chicago 12:23 45:20 47:24 48:3 chosen 21:12 Cindy 21:16,20 citations 30:5 Civil 1:20 clearly 4:12 closely 53:17 closing 34:24 35:13 41:4 clutch 16:17 23:15 31:16,18 57:20 collect 41:9 come 16:21 20:3,9 25:3 40:6 44:22 46:22 commencing 1:23 comment 34:18 common 40:5 company 7:22 8:7 13:3 20:10 21:1 22:1 25:8 26:5,7 43:18 44:8 47:3 49:6 53:14 compensation 6:2,6 component 39:15 components 23:20 computer 34:5 38:17 40:25 concern 31:15 concerning 19:5 concluded 58:19 confer 7:5 confused 37:23 consider 6:16,25 7:3 constructing 10:9 consultant 6:1 consulted 48:10 contact46:16 contain 23:17,20 contained 46:20 57:10 57:14 containing 48:22 50:24 54:13,18 context 35:20 continuation 43:5 continue 20:25 27:3 34:4 42:22 43:2 continued 26:6 28:7 40:21 44:18 48:21 52:3 56:8 continuing 22:7 contract 42:11,13 contracts 41:12,17 42:7 control 42:15 controller 25:10 27:14 40:25 convey 37:14 copies 47:24 copy 45:15,19 46:21 58:12,15 Cornelius 25:4,12,17 25:22 26:1 27:8,13 44:19 45:2 Cornelius's 25:7 Corporate 50:11 Corporation 9:4 10:12 25:5 28:23 47:2 48:25 50:13 51:16 52:1,4 56:9 correct 4:21 5:22 9:19 9:20 11:25 12:2,11 25:2 38:4 44:16 45:4 47:20 50:10,21 52:9 52:14 54:4,7,15 55:6 55:7 57:5 correctly 27:25 50:1 cost 35:19 Counsel 45:18 County 1:1 45:14 course 11:24 Court 1:1,21 58:7,11 58:14 courtroom 3:25 4:3,21 coverage 34:23 covered 49:2 created 27:2 34:1,4 crook 38:6 current 4:25 5:1 21:24 currently 6:14 customer 33:11,14 37:24 39:6 41:20 42:9,13 customers 32:22 33:6 33:16 36:5 38:23,24 39:12,14,18 40:6 41:12,18,24 43:21 n dash 14:16 35:3,14 data 41:5 date 5:11 9:24 16:22 26:11,13 31:6 34:24 35:13 41:4 46:21 dates 9:15 David 2:2 36:8,18 37:11 42:3 dealer 31:5 dealings 27:3,6 44:24 deceased 1:5 14:22 declarations 6:12 46:13 defendant 51:8,16 defendants 1:9 51:10 degree 8:1 deliver 35:24 52:3 delivery 51:4 Denson 2:17 46:11 Car! Liggett March 29,2002 Page 2 department 52:8 deposed 3:12 deposition 1:13,20 4:10 5:9,16,24 6:7 7:2,5,6 7:9,11 26:1 46:5 57:8 57:18 58:18 depositions 3:15 4:9 5:19,21,25 6:3,7,11 47:1748:14 describe 16:15 40:3 49:1 described 27:14 34:16 describes 47:2 48:21 description 49:9 develop 41:24 developed 35:24 38:16 DIANNE 2:9 Dick 27:8 44:19 difference 45:13 different 33:5 36:4,9 36:11,11,15 39:18 49:5 differentiate 37:12 direct 14:20 53:25 directed 42:5 directly 25:13 director 56:24 directors 6:20 18:15 45:3,7 disc 10:23 11:1 16:17 16:19,19 23:14 31:13 31:14 41:20 discuss 7:8,13 25:22 30:4 discussed 51:14,22 disrespect 28:16 distinct 33:9 49:11 50:12,15 distribute 11:15 13:8 distributed 11:3,19,24 13:15 14:3,5,8 17:18 18:4 23:24 24:12 28:18 32:22 37:18 50:8 52:24 distributing 11:25 52:7 distribution 7:14 10:24 11:7 12:5 33:20 34:5 36:5,25 37:9,22,24 38:1,25 39:14,22 50:25 51:2,20 52:13 52:23 53:12 distributor 33:22 divided 49:5 division 8:24 11:10 12:1,9,10,14 13:8,16 15:8,12,16 18:12 28:2,5,7,13,19,24 29:25 33:16,21,25 36:2 39:11,13,23 40:9,17 43:23 48:25 49:11,11,14,19,24 52:8,12,24 56:8 divisions 12:4,8 33:15 34:16 49:6 documents 47:14 doing 54:23 dosages 19:25 Drive 9:11 10:6,16,21 11:2,8,11,13,22 12:4 14:3 15:11,17 16:6 22:5,11 28:3 30:1 32:12 44:23 49:20 50:5,9 53:21 drop 23:5 Drove 18:8 drum 10:22 11:1 13:10 13:12 16:18 23:14 30:17,24 31:3 duly 3:5 durability 30:12 duty 11:10 12:9,10,13 13:8,15 14:9 15:12 15:16 28:2,6,13,19 28:24 33:15,21,25 39:11,13,23 40:8,12 40:12,17 49:24 52:7 52:12,15,18,24 ------- E E 1:4 earlier 44:11 education 7:21,25 effect 43:22 effort 41:24 either 13:4 14:18 15:7 17:2 22:12 27:15 45:15 58:6 elaborate 36:13 electronic 41:5 employ 27:4 employed 12:25 13:1 21:25 employee 6:16 8:9 47:16 52:19 employees 27:22 44:18 employer 4:25 5:1 21:2 21:24 employment 8:5 encompass 39:10 encompasses 22:6 endeavor 42:13 endeavored 42:22 43:2 ended 52:5 engage 10:15 engaged 12:4 16:11 18:10 28:23 36:25 51:2,17 entirely 36:4 equivalent 35:18 established 42:23 Estate 1:4 estimate 17:8 22:22 48:5,9 et 1:8 exact 5:11 9:14,24 16:22 EXAMINATION 3:7 examined 3:5 example 31:6 42:9 excess 35:17 exclusively 39:21 49:14 49:16 excuse 41:22 57:4 exhaust 34:7 35:25 38:15 Exhibit 45:14 46:4,9,24 Exhibit-1 46:6 existing 35:13 38:10,11 39:15 experimental 57:16 explain 29:22 35:3,23 explanation 37:6 exposure 19:13,19,22 19:25 20:15 extended 41:12 extent 35:11 38:22 39:12 49:2 54:1 eye 55:1,1 F F 1:5 facilities 11:14 29:15 44:22 50:5 facility 9:8,11,13,18,23 10:10,17,19,21 11:2 11:9,11,13,20,22 14:4 15:11,17 16:6,6 16:16,20 17:10,19,22 18:1,5,8,9,18,20 22:5 22:11,15,21 23:11 24:1 29:10 30:1 32:9 32:12 48:23 49:20 53:21 facings 16:18 23:15 31:16,18 57:21 fact 38:24 44:14 fair 34:13 36:23 38:8 38:22 47:8 51:1 56:7 fairly 38:16,18 familiar 42:20 53:8 far 7:24 fax 45:23 feel 54:25 Fifth 1:24 financial 25:9,23 27:14 27:18 fine 17:6,8 finished 40:14 firm 46:11,13 first 3:5,19 5:15 8:5 10:18 19:4 23:8 25:8 45:11,14 57:19,20 five 3:23 5:19,21 10:18 46:15 following 8:4,21 34:24 35:12 41:4 follows 3:6 Force 8:14,16,19,22 Ford 8:7,10 forecasting 3 8:17 foreman 8:7,23 forever 31:23 form 19:6,14,23 21:3 21:14 23:1 26:8,22 29:1 30:18 37:25 39:2,25 44:9 47:10 54:21 56:12 formal 7:24 formation 29:8,13 30:15 36:24 37:8 50:14 56:10 formed 28:1,8,13,25 32:2,18 33:17,23 39:24 40:10,22 43:5 43:12 44:8,20,23 50:2 55:3,5,11 forth 20:5,6 foundation 29:2 four 4:4 8:17 23:3 41:21 46:15 50:22 54:12 frame 11:15 12:6,14 Francisco 51:11 friction 7:15 11:8,16,25 12:5 13:7,18 14:1 15:9 16:3 17:17,24 18:3 23:10,17,24 25:10 30:12 34:6 36:1,3 37:1,9 38:24 39:4,10 42:8,12,17 42:24 43:23 48:22,24 49:4,10,12,17 50:24 50:25 51:2,10,19,24 53:13 54:19 57:10,13 FRIDAY 1:14 3:2 Friedman 2:17 function 25:9 33:8,10 33:24 functioned 50:16 functions 10:20 30:2 Cr gained 18:20 Gamble 8:23 9:3 general 5:2,4 15:8 20:15 29:24 51:11 getting 30:10 33:4 52:14 55:13 give 7:10 17:7 41:19 48:7 given 3:16 4:9 22:16,19 49:9 52:22 54:19 55:11 go 7:17,24 19:16 24:9 26:17 42:14 45:24 46:4 47:22,25 goal 32:24 goes 42:6 55:12 going 4:15 16:12 38:20 42:16 good 3:9 31:12 Gordon 2:10 greater 12:23 Grip 13:24 24:16 Grisham 56:21 57:8 Grizzly 13:13 17:17 24:4 36:25 37:9,18 37:20 47:3 48:24 49:10,11,15,16,25 50:3,6,12,19 51:16 51:24 group 10:22 14:9 25:11 49:15,22,25 50:12,17 50:19 52:15,19 Guard 14:17 guess 3:23 15:4 37:23 42:2 51:7 guesstimation 48:7 H hand 32:1,15 happened 52:17 happy 29:12 Harris 45:14 hauling 39:20 40:14 jHayes 21:16,20 fhazards 19-5 1? 1head 49-22 jhealth 19:5,12 21:18 j22:4,10 henrri S'? 11 jheavy 11:10 12:9,10,13 ! 13:8,15 14:9 15:12 15:16 28:2,6,12,19 28:24 33:15,20,25 39:11,13,23 40:8,12 40:12^17 49:24 52:7 52:12*15,18,24 I! ''! held 5:3 10:2 Helen 1:4 help 19:7 33:13 52:3 ! high 19:25 hold 9:12 Honeywell 2:10 hook 38:6 hour 1:23 6:9 hours 48:8,9,18 ' , hundred 30:3 5 Hyper 13:22 24:14 hypothetical 41:19 1 1--------------- -------------- idea 51:12 identification 46:7 1 include 34:22 39:11 | included 38:25 39:15 1 including 35:14 48:22 individual 12:12 25:4 j 356:21 1 individuals 12:17 21:9 27:21 43:4 44:22 ! industry 42:8 1 $influence 41:6 1information 20:4,5,6,7 j20:18 ' |initial 23:2 Initially 56:25 j inquiring 44:4 1 inspection 29:18 1 instructions 31:25 insurance 34:23 interact 25:13,16 interaction 53:6 55:17 interactions 44:19 56:9 interest 44:7 internal 35:16 interrogatories 51:10 intimately 42:20 inventory 33:1,12 j invest 31:22 j investor 54:23 invoice 41:9 I1 involved 23:4 33:22 55:14,16 I issue 31:18 j Carl Liggett March 29,2002 Page 3 Jacks 1:21 Jim 43:7 Jim's 43:9 job 10:4,5 John 2:16 6:22 join 7:21 joint 33:10 July 51:3 52:17 53:7,13 54:14 June 48:23 50:20 just-in-time 38:25 K Kasowitz2:17 46:11 keep 32:24 keeping 32:14 33:12 Ken 27:8 45:2 Kenneth 25:4 44:19 kept 31:1 Kero2:9 36:8 58:2,5 58:11,13,17 Kero's 36:13 KING 1:1 Knight 29:23,24 30:4 know 4:14 6:8 12:19,22 12:24 13:2,3 14:23 14:25 15:1 16:15 18:24 19:2 21:20,22 21:24 25:3 26:10,15 27:23,24 36:6,7,19 36:21 37:17 39:8,16 39:17 41:20,22,23 42:17 43:14,16 47:13 48:16 50:14,15,16 53:18 54:4 56:13 knowledge 12:21 14:24 20:10 26:3 34:2,17 34:20 47:7,12 known 56:14 Knoxville 8:3 lack 29:2 large 13:10 late 9:6 12:14 19:12 lateral 32:20 law 46:11,13 laws 35:11 learn 20:3 leave 26:13 30:7 leaving 8:6 9:3 17:10 41:23 left 8:19 15:21,22 22:13 26:9,16,19 27:2 40:22 43:17 44:8 53:7,14 Leland 13:17 Let's 45:23 level 32:20 35:2 levels 33:12 life 30:17 31:15,17,20 Liggett 1:13,20 3:4,9 3:11,12 4:8 7:17 14:19 18:7 19:4,17 22:3 25:3,25 29:6 30:7 31:24 34:9 36:13,23 37:17 39:9 44:5 45:11 46:3 56:20 57:24 Liggett's 45:19 limit 56:17 limited 38:12 39:9 line 7:14 15:19 lining 23:14 30:17,24 31:3 40:13 42:18 linings 16:17,18 31:8 40:18 42:24 48:23 49:19 52:7 list 24:9 little 32:25 33:5 37:6 54:8 55:17 living 12:20 14:22 18:25 21:20 43:15 LLP 2:17 located 9:8 location 22:17 28:3 44:24 locations 45:1 logistics 38:3 long 5:3 8:9,15,25 9:12 longer 50:24 54:12,18 look 47:25 looking 21:10 looks 45:13 Lorain 8:8 lot 31:22 40:14 LTL 40:5 lunch 7:7,8 L-I-G-G-E-T-T 3:11 M main 27:9 maintenance 8:13 major 33:11,14,16 41:23 majority 39:4 57:15 making 57:25 man 18:22 manager 5:2,4 9:10,13 10:3,5,21 15:8 16:5 18:721:1722:17 23:25 29:7,24 34:15 38:7 49:23 manner 33:20 manufacture 37:22 48:21 51:17 52:11 manufactured 17:20 17:21,25 18:4 23:11 23:14,16 24:13 30:13 30:25 49:4 50:4,6,24 53:1 54:12,18 57:9 57:13 manufacturing 10:10 10:12 16:12 47:3 March 1:14,22 3:2 Maremont 2:14,21 5:25 6:1,11,14,17,19 7:3,18,19,21 9:4,9 10:2,8,15,20 11:7,14 14:19 15:6,10,20,22 16:2 18:10 19:11 20:9 22:24 25:5,15 26:4,6,20 27:4,7,10 27:16,18,22 28:23 29:7,9,13,14,23 30:13,25 31:1 33:22 33:24 34:11,22 35:4 35:10,24 36:4,17,25 37:8,17 38:9,14,14 38:16,23 40:10,20 41:3,8,17,21,22,23 42:3,5,8,10,12,17,23 43:20 44:6,14,17,18 47:2,6,16,21,23 48:5 48:10,21,24 49:4,10 49:12 50:13,23 51:1 51:4,16,25 52:6,6 53:6,11,24 54:12,14 54:18 55:5 56:9 Maremont's 7:14 15:9 18:14 34:3,23 35:13 35:15 39:15 45:7 48:1 50:11 51:8 Maremont/Turner 32:3 mark 46:4 marked 46:6,23 market 50:3 marketed 57:19 marketing 30:2 42:19 43:13 Mary 1:21 material 18:3 23:17 30:17,24,25 materials 7:15 11:25 13:18 16:10 17:25 32:1,8,15,21 36:3 40:15 matter 3:22 4:6 matters 3:17 25:21 46:20 mean 36:8 37:11 48:13 means 54:23 meant 37:15 media 20:15 Medical 22:2 meet 7:5 meeting 21:8 meetings 20:17,21,25 21:10,13 Mellow 43:8,14 member 27:19 45:3 memory 17:15,16 24:8 26:18 44:1,4 mention 14:7 mentioned 11:21 44:10 44:17 45:2 met 33:11 Metallic 14:14 24:24 mid 29:23 57:21 mind 5:13 minor 13:20 modify 54:17 moment 6:13 45:23 money 31:22 month 22:22 23:4,6 26:15 monthly 25:23 33:11 Morrison 2:4 Motor 8:7 M-E-L-L-O-W 43:10 ~N~ N 35:11,17 name 3:10,11 10:25 13:3,11,13 24:6 25:4 40:10 43:9 named 18:22 56:21 names 10:25 13:11 17:13 23:23 49:3,5 Nappa 42:10,11,11 Nashville 9:11 10:16 11:23 14:9 53:21 nationwide 36:1 nature 39:18 need 22:21 42:16 needed 54:4 negotiate 41:17 negotiated 42:9 negotiating 54:1 55:15 negotiation 54:9 negotiations 18:10 44:11 network 35:5,9,14,19 35:25 36:16 38:10,12 39:16 never 28:4 29:17 52:8 new 2:19 10:10 Newell 10:9 18:11 32:3 34:11 news 20:15 nonfriction 40:15 non-asbestos 23:20 57:19,20 non-Sears 36:5 37:12 43:21 Notary 1:21 November 26:2 number 49:3 51:11 Nuturn 10:12 15:23,25 16:1,4 17:1 21:2 22:7 26:6,7,9,13,16,19,21 27:2 28:1,7,13,25 29:8,13 30:7,13,15 32:2,18 33:17,23,25 34:3,4,4,22 36:24 37:8 38:10,21 39:24 40:10,21,22,23,24 41:23 42:3,21 43:1,4 43:11,17,23 44:7,15 44:20,23 45:6 48:25 50:2,14,20 51:4 52:1 52:20 53:7 54:15,20 55:3,4,10,12 56:4,10 56:24 57:3,9,14,19 Nuturn's 27:19,22 45:3 NY 2:19 O oath 4:19 Object 23:1 Objection 19:6,14,23 21:3,14 26:8,22 29:1 30:18 39:2,25 44:9 54:21 56:12 obviously 31:21 occasion 3:24 25:25 56:20 occasionally 6:11 occurred 5:21 56:19 offense 28:20 office 51:15 officer 8:13 officers 45:6 Ohio 8:8 9:18,23 10:6 11:20 16:6 18:8,18 22:14,20 23:9,12,17 23:24 24:12 30:3 32:9 48:23 50:4 okay 4:16,17,23 5:15 7:4,23 10:7 24:14 36:20 once 23:5 ones 24:3 online 16:21,25 operational 50:17 operations 9:10,13 10:3,5,13,21 16:5 18:7 22:16 23:9,18 23:25 28:7 29:7 32:6 33:8 34:15 35:4,14 35:21 49:23 56:3 order 51:11 58:8,12,15 ordered 37:24 Oregon 1:19,22,25 3:1 21:23 original 58:8 OSHA 19:18,21 20:4 20:12 29:8,14,16,17 29:20 30:5 OTC 17:21 other's 56:3 outline 16:9 outside 47:11 48:13 54:2 oversee 9:17 41:12 56:3,5 overseeing 12:13 overseen 38:2 oversight 32:7 overstock 32:1 Over-The-Counter 11:6,18 owned 22:24 54:19 owner 26:20 package 11:4,5 packaged 10:23 pads 16:17,19 23:15 31:13,1441:20 pages 45:22 paper 8:24 paragraph 47:1 48:20 49:9 50:22,22 54:11 parameters 4:10 part24:7 33:841:9,11 47:19 particular 30:14 46:20 Partitions 5:1,4 parts 11:12 31:5 40:16 party 44:11 passenger 10:22 12:1 15:8 39:4,9 49:14,19 Carl Liggett March 29, 2002 Page 4 49:22 Paulding 9:18,22 10:6 11:20 14:9 16:6 18:8 18:18,19 22:14,20 23:9,12,17,24 24:12 24:13 30:3 32:9 48:23 50:4,7,9 53:1 Pedrick 1:4,5 penalties 30:5 Pennsylvania 19:3 people21:12 27:9 32:19 38:3 56:14 percent 26:5,7,20 30:3 39:5 44:7,14 54:14 54:19 perform 6:13 performance 31:21 performing 25:9 period 10:17 11:2,9,23 13:9 20:20,24 22:3,7 22:9 26:21 27:1,7,17 29:6 30:15 35:12 41:3,1942:1445:5 52:4 53:7 perishable 30:25 permitted 35:11 Personal 1:4 personnel 21:17 56:24 pertained 3:21 19:19 pertaining 5:16 7:9 9:22 18:11 19:21 30:5 47:18 pick 40:7 piggyback 38:21 place 19:21 Plaintiff 1:6,15 2:7 plan 33:11 plant 16:8,10 23:5 53:2 53:19 55:16 plates 16:19 please 3:10 4:24 16:14 28:1629:11 35:23 37:3 40:3 43:9 57:12 point 9:16,21 15:15,20 21:5 49:13 54:25 Portland 1:24 2:5 3:1 position 4:25 5:3 8:12 8:21,25 9:2,7 15:24 16:2 25:7 27:16 43:11 55:12 possible 33:2 39:14 53:10 56:7 practice 41:17 preceding 7:18 prefacing 37:15 preparation 47:17 presently 12:24 president 10:11 15:7 16:1 30:9 presume 52:5 presumptuous 53:15 previously 3:13 53:23 primarily 10:23 11:24 13:10 18:19 34:5 40:13 45:1 48:2 49:20 prior 3:15 7:4 16:3 26:6 29:7,13,25 30:15 36:24 37:8 50:2,13 57:7,18 privy 20:8 probably 5:17 9:24 17:421:1625:10 31:11,14,2041:9 problems 55:2 Procedure 1:20 proceed 4:23 proceedings 1:23 processing 41:5 Proctor 8:23 9:3 product 14:1 24:7 31:4 31:6 33:7 40:14 49:25 50:12,19 production 7:14 30:2 42:16 products 8:24 11:8,16 12:5 13:7 15:9 16:3 17:9,12,13,17 22:2 23:10,24 24:5 25:10 28:18 29:25 30:12 33:20,23,25 34:6 35:25 36:1 37:1,10 37:18,20 38:15,24 39:4,1040:741:18 42:7,8,12 43:23 48:22,25 49:4,10,12 50:3,6,25 51:1,2,5,18 51:19,20,25 52:11,19 52:23,24 53:13 54:13 54:19 57:9,10,13,16 program 38:5 project 53:25 prolonged 19:25 provide 6:1 7:20 40:17 40:21 provided 6:6 41:2 45:10,12 providing 5:23 6:11 40:13 provision 35:7 provisions 31:25 34:21 Public 1:21 Purcell 2:3 purchase 34:10,14,18 34:25 35:8 41:2,18 47:4 53:24 54:8 55:15 purchased 11:11 purchasing 47:2 purposes 7:2 46:7 pursuant 1:19 51:10 put 15:16 20:5,6 37:6 37:25 38:5 p.m 58:19 Q quarter 57:20 question 3:19 4:13,14 4:15,16 6:24,25 7:12 13:22,24 14:6,10,12 14:14,16 19:8,16 20:12 21:16 22:6,24 26:24 28:17 29:11,19 30:20 31:13,16,19 32:5,23 34:19 35:6 36:13,19 37:2,7,14 37:15 41:14 42:2,5 47:19 49:7 51:21 55:12 57:12 questioning 4:24 questions 4:11 7:12 30:11 39:8,1045:10 57:24 58:3,5 quickly 24:9 quote 38:19 K ran 49:21,24 range 23:10 rate 35:18 Raymond 1:5 read 35:7 47:14 really 34:17 52:21 reasons 3:13 rebuilder 31:10 53:4 rebuilders 40:13 42:18 42:23 43:6 49:16 recall 5:11,15 6:5 10:3 13:11,13,14,23,25 14:5,11,13,15,18 20:14,22 21:4 23:23 24:2,3,4,21,23,25 29:16,20,21 31:24 40:11 44:1 46:22 49:18 receiving 33:7 recess 45:23,25 recollect 9:14 17:14 24:8 recollection 17:7 28:14 41:6 record 3:10 45:24 records 47:23,24 48:1 48:6 reference 38:11 45:13 referenced 11:18 referring 31:8 41:7 refresh 17:15 24:8 26:18 regards 9:18 22:5 28:24 29:9 34:21 46:16 48:10 regular 38:20,23 regulations 19:18,21 20:4,13 35:12 reimbursement 35:17 related 4:5 5:9 13:18 30:3 40:15 42:3 relationship 39:20 55:9 56:17 relationships 42:22 43:6 relied 53:10,18 remaining 26:5 remember 14:7,8 16:22 17:5,16 40:11,12 REMEMBERED 1:19 repeat 29:11 57:12 rephrase 4:14 19:10 report 25:22 55:20 reported 1:24 Reporter 1:22 58:7,11 58:14 reporting 49:23 represent 51:18 Representative 1:4 represented 6:22 41:1 representing 7:1,3 requesting 46:17 reside 14:25 resides 12:22 19:2 21:22 resold 11:12 respect 22:15 32:2 33:15 35:4 respond 7:11 responses 51:9 responsibilities 9:3 7,22 17:9 18:921:11,18 23:9 32:4,21 33:9 41:11 52:18 54:2 responsibility 15:11 18:18,20 22:4,10,16 22:20 23:3 25:13 28:2,4 32:14 33:3,6 34:3,9 35:2 37:21 42:18 52:9,10,13,23 52:25 53:25 55:19 responsible 10:9 12:13 16:7 30:1 43:5 restate 4:14 restricting 22:23 retained 5:25 44:6 retired 12:24 review 26:3 34:10 56:2 56:5 reviewed 47:13,15,17 48:2 51:8 reviewing 47:22 48:5 right 17:15 42:3 Rita 56:21 riveted 31:14 Rogers 14:21,22 15:5,7 15:20 25:15,16 30:9 43:7 49:21 55:1,3,5 55:10,14,17,20 56:25 role 15:5 27:10,13 29:22 32:6 33:22 45:7 rules 1:19 7:10 run 32:25 running 55:16 -------------- 5 safety 13:24 21:18 22:4 22:10 24:16 sale 34:10,14,18,25 35:8 41:2 42:24 49:20 53:24 54:8 55:15,23,24 56:3 sales27:12 33:8 41:17 42:6,10 43:13 52:13 San 51:11 says 49:9 scope 10:13 16:9 47:11 Sealey 27:8 44:19 Sealey's 27:10 Sears 10:24 11:3,4,5,19 11:24 24:5,7 27:12 33:10,14 34:6,8 36:1 36:3 37:12,18 38:12 38:13,19 39:1,3,13 39:21 40:18 41:8,9 41:13,25 49:15,21 51:5 52:3 Seattle 2:12 second 51:9 secretary 56:25 section 35:8 41:1 see 13:4 19:10 26:17 53:3 seeing 53:22 55:1 seen 29:17 sell 31:7 42:9 selling 43:22 semi-annual 35:18 sense 38:21 sent 21:7 46:3,9,14 47:24 sentence 50:23 separate 36:9,12,15 50:16 53:21 serve 6:19 8:9,15 18:14 served 27:21 services 6:14 35:15 40:21 41:5 servicing 41:8 serving 33:22 45:7 settings 13:5 seven 5:5 share 26:5,7 58:16 shareholder 6:20 shelf 30:17 31:4,15,17 31:20 shelves 31:2 ship 37:25 53:2 shipping 38:6 shock 38:15 shocks 34:7 35:25 shoes 16:18 short 42:1 shortly 17:2,2 show 43:25 44:3 Shunk 18:23,24 signed 45:11 46:23 significance 36:15 significant 38:13 Silver 14:6 24:4,18 similar 45:12 simply 16:11 single 12:12 sir 7:25 8:16 26:24 sit 31:23 six 3:23 5:19,21 Smithville 10:10 16:8 16:10,16,20 17:10,18 17:22 18:1,5 23:5 53:20 socially 13:5 56:15 sold 10:8 13:12 17:20 17:21,25 18:4 26:5 42:17 48:24 49:10 52:1,11 53:1 sole 38:14 sophisticated 38:17,18 . j j j } j j j 1 j 1 j Carl Liggett March 29,2002 Page 5 sorry 16:22 17:5 26:13 43:24 source 29:4 speaking 31:20 33:6 specializing 38:3 specific 29:19 spell 3:10 43:9 spent 6:10 48:5 split 49:15 springs 40:15 Sr 1:5 SS 14:14 24:24 staffing 10:10 standard 31:21 51:9 stands 51:7 start 20:20 30:14 started 9:8 10:17 15:5 15:10 20:8 23:8 25:8 53:20 starting 10:2 16:7 22:15 53:19 state 1:1,22 3:10 4:11 50:23 54:17 stated 52:2 53:23 57:8 57:18 statement 51:15 54:11 57:22 statements 25:24 stay 8:25 Steinmetz 12:18,19 13:4 28:12,17,21 49:24 53:5,9,10,16 53:20 55:19 56:2,8 Stewart 2:2 19:9,15 20:2 21:6,19 22:25 23:7 26:12,23 29:5 30:21 36:10,20,22 37:4,13,16 39:7 40:2 42:4 43:24 44:12 45:18,22 46:2,8 48:15,19 54:10,24 55:7,8,24 56:1,16 57:6 58:7,10 stock 31:1 32:25,25 33:12 stores 36:1 38:19 Street 2:4,11 strictly 31:21 strike 5:7 10:13 32:7 47:21 structure 50:12 studies 8:4 subject 3:22 4:6 5:9 6:13 subordinates 21:5,7,11 22:12 32:19 subsidiary 50:13,16 substantial 39:12 53:11 successful 41:25 suggesting 42:10 Suite 2:4 Suites 2:18 Superior 1:1 22:2 supervising 23:18 supervisor 14:20 supervisory 23:8 supplemental 51:9 supplier 38:15 supply 41:3 sure 6:24 9:14,24 13:23 17:14 19:10 26:10 27:24 30:19 32:5,23 35:7 36:1041:14 49:7 51:21 56:15 sworn 3:5 4:20 Syncro 14:12 24:22 system 35:16,24 36:2,5 37:9 38:2,17,18,21 39:1,23 40:25 41:10 systems 18:12 S.W 1:24 2:4 'T take 10:1 28:16,20 taken 1:15,21 46:1 talking 51:12 53:11 55:22 56:14 tariffs 35:15,16 telephone 4:12 44:25 46:18 telephonically 2:14,21 tell 4:24 5:12 6:5 7:23 21:8 27:15 44:21 46:9,12 ten 3:20 48:18 Tennessee 8:2,5 9:11 10:11,16 11:23 16:8 16:10,16,20 17:10,18 17:22 18:1,5 53:20 tenure 15:13 29:12 terms 7:20 15:19 18:9 33:14 36:14 42:23 47:3,8 50:11,25 52:6 52:17 57:9 testified 3:6 4:3 54:6 testify 3:24 testimony 4:19 50:18 Texas 45:15 Thank 4:18,23 things 20:22 38:18 54:3 55:2 think 5:22 7:11 11:6 24:6 27:8,19 30:22 33:4 35:22 36:18 40:1 41:15 44:1 45:5 48:17 53:15 54:22 56:18 57:5 Thomas 2:10 three 5:20,20 9:1,15 34:24 35:12 41:3 46:14 48:6,8,20 49:9 time 5:8,20,20 6:2,10 7:13 9:16,21 10:17 11:1,9,15,23 12:6,14 13:9,16 15:2,15,19 16:25 18:19,22 19:11 20:20,24 22:3,6,9,13 22:13,15,19,24 26:19 26:21 27:1,2,7,11,17 29:6 31:2,11 32:1,18 33:17 38:19 39:24 40:10,22 42:1,14 43:4,11 44:7,8 45:5 47:5 48:4 50:2 52:4 53:6,14,19 54:25 55:3,10,13 58:4 times 4:2,4 23:3 33:1 Tip 14:6 24:4,18 title 9:12 10:4,5 27:16 55:11 titles 10:2 today 4:19,20 5:6 6:23 39:8 45:1649:2 57:25 58:1 today's 5:23 6:7 7:4 told 53:2 Torres 2:17 total 48:10,14 track 32:15 trademarks 49:17 training 22:5,10 transaction 47:9,10 transcript 58:9,12,15 transfer 18:11 transferred 50:20 transferring 16:3 transition 16:25 transpired 26:11 transportation 35:5,9 35:13 36:16 38:3,10 38:12 39:16 travel 22:21 23:3 trial 4:3 trials 3:25 Tru 14:16 truck 11:11 12:9,10,13 13:8,15 15:12,16 23:15,16 28:2,4,7,13 28:19,24 31:19 33:15 33:21 37:25 39:11,13 39:23 40:8,17 52:7 53:3 trucks 34:6 39:20 40:4 40:6,8,9 Tru-Guard 25:1 try 17:16 38:21 trying 37:5 49:8,18 turn 52:11 58:1 turned 33:1 Turner 10:8 18:11 34:11 twelve 3:20 two 5:13,17,20 9:15 10:20 23:3 27:9 44:18 45:22 47:1 48:8 type 25:21 39:22 42:6 types 13:7 T-R-U 14:16 0: Ultra 13:19 24:10 understand 4:10,13,18 4:22 5:18 6:24 7:12 9:16 19:7,17 21:15 27:25 30:20 31:24 32:5,23 33:13 35:6 37:5 41:14 45:4 49:7 49:8 50:1,18 51:21 55:11 understanding 19:20 28:18,22 30:16 35:21 36:16 40:20 44:6 50:19 54:16 56:23 57:7 understood 4:16 11:22 19:2421:1 27:17 undertaking 34:22 unit 33:12 University 2:11 8:2,4 use 31:7 36:14 Usually 46:18 utilize 34:5 36:2 U.S 8:13 vague 47:7 vaguely 24:25 various 10:2 vast 39:3 57:15 vehicles 13:10 vice 10:11 violations 29:9,14,16 29:18,20 virtually 39:6 volume 39:19 VP 43:13 VS 1:7 W WA 2-12 want 17:6,15 31:22 wanted 36:2 warehouse 31:5 32:21 38:6 warehoused 32:8,11 warehouses 32:16 33:7 WASHINGTON 1:1 wasn't 55:5 way 30:22 33:21 37:13 38:11 39:5 41:6 Wayne 29:22,24 went 9:4 16:15 17:13 20:16 53:3 we've 46:23 witness 4:20 19:7,24 21:4,15 23:2 26:9 29:3 30:19 36:21 39:3 40:1 44:10 48:17 54:7,22 55:6 55:25 56:13 57:4 58:4 word 37:23 47:14,14 53:12 words 6:1 20:9 21:10 31:3 work 15:20 25:5 34:15 53:17 55:18 56:20 worked 21:2 working 19:11 47:5 works 4:11 wouldn't 31:22 Woven 14:10 24:20 X 41:20 XT 14:1024:20 year 5:13,14 8:11,18 22:22 33:2 Yearly 25:23 years 5:5,13,17,20,20 8:179:1,15 10:18 15:4 17:8 20:23 34:24 35:12 41:4,21 42:1443:25 46:14 47:18 48:6 56:15 York 2:19 ~S~ S175 6:9 IT 00-2-26588-3SEA 1:7 I 1 51:3 52:17 53:7,13 1st 54:14 1:1058:19 100192:19 11:00 1:23 3:3 111 1:24 12951:11 1633 2:18 1953 51:19,20,25 1970 8:20 1972 11:9,15,23 12:5 12:14 13:8 1973 9:5 1975 9:25 1977 11:24 12:15 13:9 16:3 17:3,4 18:21 27:1 48:24 50:20 51:3,19 52:2,18,22 53:7,13 54:13 57:8 57:14 1979 26:10,14 27:2 30:8 1980 51:20 52:5 1981 57:21 1982 26:4,6 57:20 1983 26:2 2.8 35:8 2.941:1 20 15:4 26:5,7,20 44:6 44:14 48:12 54:14,19 2002 1:14,22 3:2 206-676-75002:13 212-506-1700 2:20 29 1:14,22 3:2 30 48:18 30th 48:24 50:20 50 2:18 39:5 503-295-4931 2:6 512:18 Carl Liggett March 29,2002 Page 6 T