Document qgn3GVr6YrVzpDpvGYeE5Y3M
FILE NAME: Wagner (WAG) DATE: 1989 Nov 13 DOC#: WAG022 DOCUMENT DESCRIPTION: Legal - Deposition of Edward C. Rabn
IN Tri E UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
JOHN E. DIXEY, III and KANCY A. DIXEY, his wife,
Plaintiffs,
vs .
A .C . & ., et a l , Defendants.
)Plaintiff Di>:ey ) ) ) )C .A . No. 88-612 ) {Asbestos) ) )
Only
Telephone deposition of EDUARD RADON taken before Sandra J. Sherr, Registered Professional Reporter, duly authorized to administer oaths, on Monday, November 13, 1589, at the offices of Jacobs L Crumplar, 2 East 7th Street, Wilmington, Delaware, beginning at 10:25 a.r.
FIRST STATE REPORTING, INC.
(3 0 2 )9 9 8 - 6 2 8 4
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DEC 5 1989
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A
To the best of my knowledge. Some may have been
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destroyed. I couldn't tell you, but basically answering
your question, what type of records, they are the type cf
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records. Essentially we have most of them.
c
Q And as I understand from your affidavit you
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looked in the sales records that you have and those are
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these 3 by 5 cards?
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A Right.
c
Q
For any records cf sales from Charles V saner to
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the DuPont Repaur.o plant ir. K ew Jersey between 1950 ar.d
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, is that correct?
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>
That 1s correct.
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Q
Arc as a result of that search you carr.6 up ith
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3 by 5 cards or 3 by cards?
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A
Yes, that's right.
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Q
Ana I am going to, we have marked them as E :h ibit
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2 and just for the record, let ne read to you what each
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card is by its first and last date and just see whether
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you agree to that, okay?
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A. You mean you are going to read all the dates?
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Q Well, I am going read the first and the last date
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on each card.
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A
What am I supposed to go to?
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once it got to the DuPont Sea ford plant, do you?
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A No.
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Q And you wouldn't be ableto say yes or no whether
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that asbestos could have been shipped from DuPont Seafcrd
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to P.epauno, could you?
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A No.
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Q In your salesinvoicesyou shew
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MS. YOUNG: You mean the sales records.
CPU:!.'r1A5.: Yes, e;:cuse r.c . Salee records
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EY MR . CRUNP1AR:
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Q
E hib11 N o . 2, if you could turn to the recen
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card, sir?
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A
Seccnc card?
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Q
Yes. It refers to Ex tr a Fine Si1ica . Do ycu
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knew where that was purchased by you? there that cane
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fr on?
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A
Yes. It came from Pennsylvania Pulverising
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Company, which had several names, but I believe at that
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time it was Pennsylvania Pulverizing Company.
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T h a t 's what the PA in brackets, PA period.
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T h a t 's Pennsylvania and moon was the grade that they
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designated that particular product.
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Q
Do you know for a fact whether that ever
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A
No. Sold the-" as we received them.
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Q
Fine. Let's go to the first sales record card,
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January 16, 1951. This Industrial Floor Dry #85, can you
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tell me what that was?
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A
It was a diatomaceous silica.
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Q
Have you seen a chemical analysis of that
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product ?
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A
I 'd have to say I con'1t kn o w .
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Q
I didn't he ar that?
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A
I have to say I c o n 't know. I don't, remember
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whether Eagle-Picher, who made that produce, furnished ::
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on the basis cf the chemical analysis. I don't seem to
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have a bearing on it.
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Q You know that was an Eagle-Picher product?
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A Yes.
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Q And you know that it wasbasicallyaintomacecus
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silica product?
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A That's correct.
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Q
But you are not certain as to what all the
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ingredients are besides diatomaceous earth and silica, is
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that correct?
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A That's corret.
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Q So you don't know whether or notthere might have
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2?
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it appears your last shipment of this Eagle-Picher
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Industrial Floor Dry was on February 18, 1955, is that
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correct?
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A
Yes.
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Q
Do you know why you stopped selling it to Fepeunc
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in 1955?
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A
At this date 1 can't swear to the exact rcwin,
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except in all probability i t 's because we discontinued
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handling the r. r cduct .
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Q
You say in 1555 you discontinued handling the
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Eacie-?icher Industrial Fleer Dry?
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A Yes, it's my recollection.
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Q Do you recall why you discontinued handling it?
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A
Yes. For economic reasons. Do you want an
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explanation?
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Q Sure.
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A Very briefly, that product is sold toindustries
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which were sorewhat foreign to our industries to which we
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were selling our full line of products.
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In other words, it went to metal working
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industries prior to a separate -- Requiring a separate
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call by our sales personnel. In fact, we employed one or
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two salesmen solely for the selling of Industrial Floor
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3 C
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talc was used at the DuPont Repauno V'orks?
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A
No, I do not.
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Q
Do you ever re-bag or relabel any of the Floor
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Dry, the Industrial Floor Dry?
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A
No , we do n o t .
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Q
Do you know whether there was any health risk in
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connection using that product, the Industrial Flocr Dry?
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A
No. Only for normal precautions of any custy
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product.
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Q
Did you use, in your shipments to the DuPont
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plants, a particular carrier? Die you use year cur. trucks
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or did you have a common carrier?
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Common carrier, but I can't tell you which cn e .
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Q
You don't recall which common carrier you used,
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is that correct?
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A
No, I don't know that.
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0
Does the name Jones ring any bells? Jor.es Kotor
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Freight?
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A
Jones is a carrier that I know we have used for
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years. I couldn't tell you specifically where they go.
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Q
Where are they located?
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A
I don't know. I guess in Philadelphia. They
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have a terminal, at least
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