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 A-152 DEC 5 1989 1 A To the best of my knowledge. Some may have been 2 destroyed. I couldn't tell you, but basically answering your question, what type of records, they are the type cf 4 records. Essentially we have most of them. c Q And as I understand from your affidavit you 6 looked in the sales records that you have and those are 7 these 3 by 5 cards? 8 A Right. c Q For any records cf sales from Charles V saner to 10 the DuPont Repaur.o plant ir. K ew Jersey between 1950 ar.d 11 , is that correct? 12 > That 1s correct. 13 Q Arc as a result of that search you carr.6 up ith 1 4 3 by 5 cards or 3 by cards? 15 A Yes, that's right. 16 Q Ana I am going to, we have marked them as E :h ibit 17 2 and just for the record, let ne read to you what each 18 card is by its first and last date and just see whether 19 you agree to that, okay? 20 A. You mean you are going to read all the dates? 21 Q Well, I am going read the first and the last date 22 on each card. 23 A What am I supposed to go to? A-153 1 once it got to the DuPont Sea ford plant, do you? 2 A No. 3 Q And you wouldn't be ableto say yes or no whether 4 that asbestos could have been shipped from DuPont Seafcrd 5 to P.epauno, could you? 6 A No. 7 Q In your salesinvoicesyou shew 8 MS. YOUNG: You mean the sales records. CPU:!.'r1A5.: Yes, e;:cuse r.c . Salee records 10 EY MR . CRUNP1AR: 'i 1 Q E hib11 N o . 2, if you could turn to the recen 12 card, sir? 1 *5 A Seccnc card? 14 Q Yes. It refers to Ex tr a Fine Si1ica . Do ycu 15 knew where that was purchased by you? there that cane 16 fr on? 17 A Yes. It came from Pennsylvania Pulverising 18 Company, which had several names, but I believe at that 19 time it was Pennsylvania Pulverizing Company. 20 T h a t 's what the PA in brackets, PA period. 21 T h a t 's Pennsylvania and moon was the grade that they 22 designated that particular product. 23 Q Do you know for a fact whether that ever A- 154 1 A No. Sold the-" as we received them. 2 Q Fine. Let's go to the first sales record card, 2 January 16, 1951. This Industrial Floor Dry #85, can you 4 tell me what that was? 5 A It was a diatomaceous silica. 6 Q Have you seen a chemical analysis of that 7 product ? 8 A I 'd have to say I con'1t kn o w . 9 Q I didn't he ar that? 10 A I have to say I c o n 't know. I don't, remember 11 whether Eagle-Picher, who made that produce, furnished :: 12 on the basis cf the chemical analysis. I don't seem to 13 have a bearing on it. 14 Q You know that was an Eagle-Picher product? 15 A Yes. 16 Q And you know that it wasbasicallyaintomacecus 17 silica product? 18 A That's correct. 19 Q But you are not certain as to what all the 20 ingredients are besides diatomaceous earth and silica, is 21 that correct? 22 A That's corret. 23 Q So you don't know whether or notthere might have A - 156 2? 1 it appears your last shipment of this Eagle-Picher 2 Industrial Floor Dry was on February 18, 1955, is that 3 correct? 4 A Yes. 5 Q Do you know why you stopped selling it to Fepeunc 6 in 1955? 7 A At this date 1 can't swear to the exact rcwin, 8 except in all probability i t 's because we discontinued c handling the r. r cduct . 10 Q You say in 1555 you discontinued handling the 11 Eacie-?icher Industrial Fleer Dry? 12 A Yes, it's my recollection. 13 Q Do you recall why you discontinued handling it? 14 A Yes. For economic reasons. Do you want an 15 explanation? 16 Q Sure. 17 A Very briefly, that product is sold toindustries 18 which were sorewhat foreign to our industries to which we 19 were selling our full line of products. 20 In other words, it went to metal working 21 industries prior to a separate -- Requiring a separate 22 call by our sales personnel. In fact, we employed one or 23 two salesmen solely for the selling of Industrial Floor A-158 3 C 1 talc was used at the DuPont Repauno V'orks? 2 A No, I do not. 3 Q Do you ever re-bag or relabel any of the Floor 4 Dry, the Industrial Floor Dry? 5 A No , we do n o t . 6 Q Do you know whether there was any health risk in 7 connection using that product, the Industrial Flocr Dry? 8 A No. Only for normal precautions of any custy C product. 10 Q Did you use, in your shipments to the DuPont 11 plants, a particular carrier? Die you use year cur. trucks 12 or did you have a common carrier? 13 Common carrier, but I can't tell you which cn e . 14 Q You don't recall which common carrier you used, 15 is that correct? 16 A No, I don't know that. 17 0 Does the name Jones ring any bells? Jor.es Kotor 18 Freight? 19 A Jones is a carrier that I know we have used for 20 years. I couldn't tell you specifically where they go. 21 Q Where are they located? 22 A I don't know. I guess in Philadelphia. They 23 have a terminal, at least A-159