Document rm39EX4dmKkGxeGzwrv8L0G0

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF LOS ANGELES 3 DEPARTMENT NO. 31 HON. G. KEITH WISOT, JUDGE 4 5 TRANSWESTERN PIPELINE COMPANY, A DELAWARE CORPORATION, 6 PLAINTIFF, 7 VS . 8 MONSANTO COMPANY AND DOES 1 9 THROUGH 200, INCLUSIVE, 10 DEFENDANTS. 11 ) ) ) ) ) ) NO. BC 026959 ) ) ) ) ) ) 12 13 REPORTER'S DAILY TRANSCRIPT OF PROCEEDINGS 14 WEDNESDAY, DECEMBER 22, 1993 15 VOLUME 25 16 PAGES 3873 THROUGH 4049 17 18 APPEARANCES: 19 FOR PLAINTIFF: 20 21 22 SHEARMAN & STERLING BY: JAMES P. TALLON, ESQ. & JANET M. GRADY, ESQ. & JERRY MARKS, ESQ. 725 SOUTH FIGUEROA STREET 2 1ST FLOOR LOS ANGELES, CA 90017 2 3 FOR DEFENDANT: 24 25 26 PREUSS, WALKER & SHANAGHER BY: CHARLES F. PREUSS, ESQ. & DONALD F. ZIMMER, ESQ. & ALAN LAZARUS, ESQ. 595 MARKET STREET 16TH FLOOR SAN FRANCISCO, CA 94105 27 DAVID A. SALYER, CSR #4410 OFFICIAL COURT REPORTER 28 111 NORTH HILL STREET LOS ANGELES, CA 90012 WATER PCB-00037539 3969 1 THE CLERK: PLEASE, BE SEATED. 2 PLEASE STATE AND SPELL YOUR NAME FOR THE 3 RECORD. 4 THE WITNESS: MY NAME IS THOMAS M. BISTLINE, 5 LAST NAME B-I-S-T-L-I-N-E. 6 THE COURT: MR. PREUSS. 7 MR. PREUSS: THANK YOU, YOUR HONOR. 8 9 DIRECT EXAMINATION 10 BY MR. PREUSS: 11 Q GOOD AFTERNOON, MR. BISTLINE. 12 A GOOD AFTERNOON. 13 Q FOR WHOM DO YOU WORK, SIR? 14 A MONSANTO COMPANY. 15 Q AND WHAT IS YOUR BUSINESS ADDRESS, SIR? 16 A 800 NORTH LINDBERGH BOULEVARD, IN 17 ST. LOUIS, MISSOURI. 18 Q WHAT IS YOUR JOB TITLE WITH MONSANTO, 19 SIR? 20 A MY JOB TITLE IS ASSISTANT GENERAL COUNSEL 2 1 OF LITIGATION. 22 Q AND AS PART OF YOUR JOB RESPONSIBILITIES, 2 3 SIR, DO YOU HAVE -- DO YOU SERVE AS THE CUSTODIAN OF 24 MONSANTO'S DOCUMENTS RELATING TO PCB MATTERS? 25 A YES, MR. PREUSS, I DO. 2 6 Q AND HOW LONG HAVE YOU HAD THAT 27 RESPONSIBILITY, SIR? 28 A SINCE 1985. WATER PCB-00037540 3970 1 Q AND WHAT IS THE NATURE OF THAT 2 RESPONSIBILITY? 3 A I AM THE PERSON AT MONSANTO WHO IS 4 CHARGED WITH MAINTAINING THE BUSINESS RECORDS STILL 5 IN MONSANTO'S POSSESSION THAT RELATE TO OUR 6 MANUFACTURE, PRODUCTION AND SALE OF PCB'S. 7 Q AND HOW DID YOU ACQUAINT YOURSELF WITH 8 YOUR RESPONSIBILITIES AS CUSTODIAN OF MONSANTO'S PCB 9 RECORDS, SIR? 10 A WELL, IN 1985 WHEN I ASSUMED MY 11 OBLIGATION AS CUSTODIAN OF THOSE RECORDS, I CONDUCTED 12 A GENERAL REVIEW OF THE FILES THAT WERE IN MONSANTO'S 13 POSSESSION. . 14 I EXAMINED MANY OF THOSE DOCUMENTS, NOT 15 ALL OF THEM BUT A GREAT MANY OF THEM. 16 AND I FAMILIARIZED MYSELF, IN GENERAL, 17 WITH THE TYPES OF DOCUMENTS THAT I WAS RESPONSIBLE 18 FOR AND AM RESPONSIBLE FOR. 19 Q AND DO YOU HAVE EMPLOYEES THAT ARE UNDER 20 YOUR SUPERVISION THAT ASSIST YOU IN MAINTAINING THESE 2 1 DOCUMENTS OF MONSANTO RELATING TO PCB MATTERS, SIR? 22 A YES, SIR, I DO. 2 3 Q AND IS IT THEIR BUSINESS DUTY TO MAINTAIN 24 THOSE RECORDS? 25 A YES . 26 Q AND IS IT THERE BUSINESS DUTY TO BE 27 TRUTHFUL WITH RESPECT TO GATHERING INFORMATION AND 28 PROVIDING THAT INFORMATION TO YOU AS A CUSTODIAN OF WATER PCB-00037541 3 97 1 1 THOSE RECORDS? 2 A YES . 3 Q IN CONNECTION WITH THIS MATTER THAT WE 4 ARE HERE TODAY ON, MR. BISTLINE, DID YOU DIRECT A 5 SEARCH OF MONSANTO'S DOCUMENTS RELATING TO PCB'S FOR 6 INVOICE AND ACKNOWLEDGMENT FORMS USED BY MONSANTO TO 7 BILL FOR PC B PRODUCTS FROM 1962 THROUGH 1971? 8 A YES, MR. PREUSS, I DID DIRECT THAT SUCH A 9 SEARCH BE DONE. 10 Q AND THAT IS WITH RESPECT TO BOTH INVOICE 11 FORMS AND ACKNOWLEDGMENT FORMS? 12 A THAT IS CORRECT. 13 Q AND, SIR, WHAT IS THEDISTINCTION THAT 14 YOU HAVE LEARNED AS CUSTODIAN BETWEEN AN INVOICE FORM 15 AND AN ACKNOWLEDGMENT FORM? 16 A MY INFORMATION, MR. PREUSS, IS THAT AN 17 ^ ACKNOWLEDGMENT FORM IS A FORM GENERATED AND SENT TO A 18 CUSTOMER TO REFLECT THAT AN ORDER FOR A MONSANTO 19 PRODUCT HAD BEEN PLACED BY THE CUSTOMER. 20 AN INVOICE FORM IS ONE THAT WAS SENT TO 2 1 THE CUSTOMER. 2 2 IT WAS THE BILL WE SENT TO THE CUSTOMER 2 3 IN ORDER TO OBTAIN PAYMENT FROM THE CUSTOMER FOR THE 24 GOODS THAT WERE SHIPPED BY MONSANTO. 2 5 Q AND DO THE INVOICES AND ACKNOWLEDGMENT 26 FORMS HAVE CERTAIN TERMS AND CONDITIONS ON THEM? 27 A YES, THEY DO. 28 Q OKAY. AND ARE THOSE TERMS AND CONDITIONS WATER PCB-00037542 3972 1 THE SAME, BASED UPON YOUR REVIEW OF THE RECORDS, SIR? 2 A YES, THEY ARE, WITH ONE SMALL EXCEPTION. 3 THE INVOICE CONTAINS A -- CONTAINED FOR A 4 PERIOD OF TIME A CONDITION THAT REFERRED TO THE FAIR 5 LABOR STANDARDS ACT THAT WAS NOT CONTAINED ON THE 6 ACKNOWLEDGMENT. 7 Q AND ARE THE INVOICE ACKNOWLEDGMENT FORMS 8 USED OR WERE THEY USED AT OR ABOUT THE TIME OF THE 9 DATES OF SUCH FORMS? 10 A THAT IS MY INFORMATION, YES. 11 Q AND WERE THEY PREPARED AT OR ABOUT THE 12 TIME OF THE DATES INDICATED ON THEM? 13 A THAT'S MY INFORMATION. 14 Q AND HOW WERE THOSE FORMS PREPARED, SIR? 15 A I WAS ADVISED OR HAVE BEEN ADVISED THAT 16 THE FORMS THEMSELVES WERE PRINTED BY AN OUTSIDE 17 PRINTER, MOORE PRINTING SERVICES IN ST. LOUIS, AT THE 18 REQUEST OF PERSONS AT MONSANTO WHO HAD NEED OF THE 19 VARIOUS FORMS, THE INVOICES AND ACKNOWLEDGMENT FORMS 20 IN MONSANTO'S ACKNOWLEDGMENT OF ORDERS AND SALES OF 21 PRODUCTS. 2 2 Q AND DO YOU HAVE AN UNDERSTANDING AS TO 23 WHETHER ACKNOWLEDGMENT FORMS AND INVOICES WERE USED 24 IN CONNECTION WITH SALES OF MONSANTO PCB PRODUCTS TO 2 5 CUSTOMERS? 26 A YES, SIR, I DO. 27 Q AND WHAT IS YOUR UNDERSTANDING? 28 A MY UNDERSTANDING IS THAT THOSE FORMS, THE WATER PCB-00037543 3973 1 GENERAL PRINTED FORMS, WERE USED IN MONSANTO'S SALE 2 OF PCB-CONTAINING PRODUCTS. 3 Q ALL RIGHT. COULD YOU REACH BEHIND YOU, 4 SIR, IF YOU WOULD, AND GO TO EXHIBIT 504. 5 A I HAVE IT. 6 Q CAN YOU IDENTIFY THAT DOCUMENT FOR US, 7 PLEASE, SIR. 8 A THIS DOCUMENT, MR. PREUSS, IS A CUSTOMER 9 ACKNOWLEDGMENT FORM THAT WAS IN USE FROM 10 APPROXIMATELY DECEMBER, 1960 BY MONSANTO COMPANY. 11 Q OKAY. AND HOW MANY PAGES DOES THIS 12 DOCUMENT HAVE? 13 A IN REALITY, THE DOCUMENT ITSELF IN THE 14 ORIGINAL WAS A ONE-PAGE DOCUMENT. 15 THE EXHIBIT HERE IS TWO PAGES. ONE PAGE 16 IS THE FRONT AND THE OTHER IS THE BACK. 17 Q TO THE BEST OF YOUR KNOWLEDGE THIS 18 EXHIBIT IS THE FRONT AND BACK OF A SINGLE DOCUMENT IN 19 ITS ORIGINAL STATE? 20 A YES, SIR, IT IS. 2 1 Q AND WHAT INFORMATION IS CONTAINED ON THE 22 BACK OF THIS ACKNOWLEDGMENT FORM, SIR? 23 A THE BACK OF THE ACKNOWLEDGMENT FORM, 24 WHICH IS THE SECOND PAGE OF THIS EXHIBIT, CONTAINS 2 5 THE STANDARD TERMS AND CONDITIONS, WHAT WE REFER TO 2 6 AT MONSANTO ARE THE TERMS AND CONDITIONS OF THE SALE 27 OF WHATEVER PRODUCT WAS BEING ACKNOWLEDGED ON THE 28 ORDER. WATER PCB-00037544 3974 1 Q AND DO THE TERMS AND CONDITIONS HAVE A 2 CLAUSE RELATING TO THE ASSUMPTION OF RISK ON THE PART 3 OF THE PURCHASER, SIR? 4 A YES, IN PARAGRAPH FIVE OF THOSE TERMS AND 5 CONDITIONS. 6 Q AND DO THE TERMS AND CONDITIONS ALSO HAVE 7 A CLAUSE RELATING TO THE LIMITATION OF DAMAGE TO THE 8 PURCHASE PRICE OF THE SALE, SIR? 9 A THAT ALSO IS IN PARAGRAPH FIVE. 10 Q AND DOES THE DOCUMENT ALSO HAVE A CLAUSE 11 RELATING TO A WARRANTY DISCLAIMER, SIR? 12 A AGAIN, THAT IS IN PARAGRAPH FIVE OF THOSE 13 TERMS AND CONDITIONS, MR. PREUSS. 14 Q ALL RIGHT. COULD YOU GO TO 511, PLEASE. 15 A I HAVE IT. 16 Q AND COULD YOU IDENTIFY THAT DOCUMENT FOR 17 US, SIR. 18 A EXHIBIT 511, MR. PREUSS, IS A BLANK COPY 19 OF AN INVOICE THAT WAS IN USE BY MONSANTO COMPANY. 20 THIS DOCUMENT WAS IN USE FROM THE PERIOD 2 1 OF APPROXIMATELY APRIL OF 1964 UNTIL IT WAS NEXT 2 2 REVISED, I BELIEVE, IN 1966. 2 3 Q AND HOW MANY PAGES DID THAT DOCUMENT HAVE 24 IN ITS ORIGINAL FORM, SIR? 25 A AGAIN, AS WITH THE EARLIER EXHIBIT, IT 26 WAS A ONE-PAGE DOCUMENT. 27 THE EXHIBIT IS TWO PAGES BECAUSE THE BACK 28 IS SEPARATELY COPIED. WATER PCB-00037545 397 5 1 Q AND DOES THE BACKSIDE HAVE TERMS AND 2 CONDITIONS ON IT, SIR? 3 A YES, IT DOES. 4 Q AND DO THOSE TERMS AND CONDITIONS INCLUDE 5 AN ASSUMPTION OF THE RISK CLAUSE? 6 A YES, IN PARAGRAPH FIVE. 7 Q DOES IT ALSO INCLUDE A LIMITATION OF 8 LIABILITY DAMAGE CLAUSE TO THE PURCHASE PRICE OF 9 PRODUCT KNOWLEDGE AGAIN? 10 A YES, IT DOES, AGAIN IN PARAGRAPH FIVE OF 11 THAT. 12 Q AND DOES IT ALSO INCLUDE A TERM AND 13 CONDITION RELATING TO WARRANTY DISCLAIMER? 14 A YES, IT DOES, AGAIN IN PARAGRAPH FIVE. 15 Q NOW, WITH RESPECT TO 504 AND 511, SIR, IS 16 IT YOUR UNDERSTANDING THAT THESE FORMS WERE PREPARED 17 AT OR ABOUT THE DATE INDICATED ON THE TOP OF THE 18 FORM? 19 A THAT'S MY INFORMATION, MR. PREUSS, YES. 2 0 Q AND IS IT YOUR UNDERSTANDING THAT THESE 2 1 TWO FORMS WERE ALSO PREPARED FOR USE IN CONNECTION 22 WITH MONSANTO'S PCB BUSINESS? 2 3 A YES . 24 THESE -- AN INVOICE OF THIS TYPE, THIS 25 FORM WAS USED AT THAT PERIOD OF TIME, ACCORDING TO MY 2 6 INFORMATION FOR SALES OF PCB PRODUCTS. 27 Q AND THAT THESE TWO EXHIBITS WERE PRINTED 28 BY MOORE'S PRINTING SERVICE? WATER PCB-00037546 3976 1 A MOORE BUSINESS FORMS OR SOMETHING OF THAT 2 NATURE WAS THE COMPANY IN ST. LOUIS THAT PRINTED 3 THESE FORMS. 4 Q AND THESE FORMS WERE USED IN CONNECTION 5 WITH SALE OF MONSANTO PRODUCTS TO MONSANTO CUSTOMERS 6 WITHIN THE TIME FRAME INDICATED ON THE TOP OF THE 7 EXHIBITS? 8 A THAT'SCORRECT. 9 Q NOW, MR. BISTLINE, IF YOU WOULD, PLEASE, 10 SIR, LOOK FURTHER AT EXHIBIT 512. 11 A YES > MR. PREUSS, I HAVE IT. 12 Q 515 . 13 A I HAVETHAT ONE. 14 Q 518? 15 A AND THAT ONE. 16 Q 519? 17 A' YES. 18 Q 520? 19 A YES, I HAVE THAT ONE, TOO. 20 Q 521? 21 A YES . 22 Q 522? 23 A YES. 24 Q 523? 25 A YES . 26 Q 536? 27 A 36? . 28 YES, I HAVE THAT ONE HERE, TOO. WATER PCB-00037547 3977 1 Q 539? 2 A YES, SIR. 3 Q AND 553? 4 A YES, I HAVE THAT ONE HERE, ALSO. 5 Q LET ME ASK YOU ONE QUESTION AS TO 512. 6 IS 512 AN ACKNOWLEDGMENT FORM? 7 A THIS IS A CUSTOMER ACKNOWLEDGMENT FORM, 8 THAT'S CORRECT. 9 Q AS TO THE OTHER EXHIBITS I ASKeT) YOU TO 10 LOOK AT, SIR, ARE THOSE INVOICE FORMS? 11 A THESE OTHER EXHIBITS WERE INVOICES. 12 THAT'S CORRECT. 13 Q AND WHAT IS THEDIFFERENCE BETWEEN - 14 WITHDRAW THAT. 15 IS THE ONLY DIFFERENCE BETWEEN THE 16 EXHIBIT NUMBERS THAT I ASKED YOU TO LOOK AT IN 17 SEQUENCE THE DATES ON WHICH THOSE FORMS HAVE ON THE 18 TOP? 19 A WELL, THAT IS ONE DIFFERENCE. 20 Q IS THERE ALSO A DIFFERENCE WITH RESPECT 2 1 TO THE WAY THE TERMS AND CONDITIONS ARE SET FORTH? 22 A YES . 2 3 THERE WAS A REVISION, A PRETTY 24 BROAD-SCALE REVISION OF THE TERMS AND CONDITIONS THAT 25 APPEARED ON THE BACK OF THE PRINTED FORMS ACCORDING 2 6 TO MY INFORMATION IN OR ABOUT 1966. 27 Q WITH RESPECT TO THE TERMS AND CONDITIONS 28 OF BOTH BEFORE AND AFTER THE REVISIONS DID EACH OF WATER PCB-00037548 3978 1 THE EXHIBIT NUMBERS THAT I ASKED YOU TO LOOK AT HAVE 2 AN ASSUMPTION OF THE RISK CLAUSE? 3 A YES, EACH DID. 4 Q AND DID EACH HAVE A LIMITATION OF 5 LIABILITY DAMAGE CLAUSE TO THE PURCHASE PRICE OF THE 6 PRODUCTS? 7 A YES, SIR, THEY DID. 8 THE COURT: LET ME CLARIFY, MR. PREUSS. < 9 YOU ARE ASKING ABOUT THE FORMS HE LOOKED 10 AT IN THE EVIDENCE BOOK? 11 ARE THOSE QUESTIONS DIRECTED TO THE FORMS 12 HE IS LOOKING AT IN THE EVIDENCE BOOK? 13 MR. PREUSS: THAT'S CORRECT. I'M SORRY. 14 THE COURT: YOU ARE NOT ASKING ABOUT THE 15 REVISION? 16 THAT'S WHAT I WANT TO CLARIFY. 17 MR. PREUSS: I AM ASKING ABOUT THE SEQUENCE OF 18 THE EXHIBITS THAT I ASKED HIM TO LOOK AT AFTER THE 19 TWO THAT I STARTED WITH. 20 THE COURT: THANK YOU. 2 1 DID YOU UNDERSTAND THAT, SIR? 22 THE WITNESS: YES, I DID. 2 3 THE COURT: GO AHEAD, MR. PREUSS. 24 MR. PREUSS: THANK YOU, YOUR HONOR. 25 Q AND DID ALL OF THE EXHIBIT NUMBERS THAT I 26 ASKED YOU TO LOOK AT IN SEQUENCE THERE, HAVE A 27 WARRANTY DISCLAIMER CLAUSE? 2 8 A YES, MR. PREUSS, THEY ALL DID HAVE A WATER PCB-00037549 3979 1 WARRANTY DISCLAIMER CLAUSE. 2 Q AND IF I WERE TO ASK YOU THE SAME 3 FOUNDATIONAL QUESTIONS THAT I ASKED YOU WITH RESPECT 4 TO EXHIBITS 504 AND 511, WOULD YOUR ANSWERS BE THE 5 SAME, SIR? 6 A YES, THEY WOULD. 7 Q MR. BISTLINE, DID YOU ALSO DIRECT A 8 SEARCH FOR INVOICES RELATING TO THE SALE OF OS-81, 9 MCS-153 AND TURBINOL-153 TO EITHER TEXAS EASTERN OR 10 TRANSWESTERN? 11 A YES, I DID. 12 Q WOULD YOU PLEASE TURN TO EXHIBIT 559, 13 SIR. 14 A I HAVE 559. 15 Q AND COULD YOU IDENTIFY THAT FOR US, 16 PLEASE. 17 A THIS IS A COPY OF AN INVOICE DATED, I 18 BELIEVE, 12-23-70 TO TEXAS EASTERN TRANSMISSION 19 CORPORATION. 2 0 Q AND IS IT A TWO-PAGE DOCUMENT OR TWO 2 1 COPIES OF A SINGLE PAGE? 22 A AGAIN, AS WITH THE OTHER EXHIBITS WE 2 3 LOOKED AT, IN THE ORIGINAL THIS WOULD HAVE BEEN A 24 SINGLE PAGE. 25 THE EXHIBIT IS A SEPARATE PAGE FOR THE 26 FRONT AND ONE FOR THE BACK. 27 Q AND THE TERMS AND CONDITIONS ON EXHIBIT 28 559, DO THEY CONTAIN A LIMITATION OF LIABILITY WATER PCB-00037550 3980 1 CLAUSE? 2 A THERE IS ONE. 3 IT'S NOT VERY LEGIBLE HERE, BUT IT DOES 4 CONTAIN A LIMITATION OF LIABILITY CLAUSE HERE. 5 Q DOES IT ALSO CONTAIN A WARRANTY 6 DISCLAIMER CLAUSE? 7 A YES, SIR, IT DOES. 8 Q AND DOES IT ALSO CONTAIN AN ASSUMPTION OF < 9 RISK CLAUSE? 10 A YES, THAT IS IN HERE. 11 Q AND IF I WERE TO ASK YOU THE SAME 12 FOUNDATIONAL QUESTIONS, WOULD YOUR ANSWERS BE THE 13 SAME? . 14 A YES . 15 Q IN OTHER WORDS, THIS DOCUMENT WAS 16 PREPARED AT OR ABOUT THE TIME INDICATED? 17 A YES . 18 THAT'S MY INFORMATION. 19 Q AND PREPARED IN CONNECTION WITH 20 MONSANTO'S INVOICING OF ITS CUSTOMERS FOR PRODUCTS? 2 1 A. THAT'S CORRECT. 2 2 Q AND TEXAS EASTERN IN PARTICULAR? 2 3 A THAT'S WHAT THIS INVOICE REFLECTS, YES. 24 Q ALL RIGHT. 2 5 COULD YOU TAKE A LOOK AT EXHIBIT 561, 26 SIR. 27 A I HAVE EXHIBIT 561. 28 Q MR. BISTLINE, I NEGLECTED TO ASK YOU, WAS WATER PCB-00037551 3981 1 THE SALE INDICATED ON THE INVOICE OF 559 FOR THE SALE 2 OF TURBINOL-153? 3 A I BELIEVE IT WAS, BUT LET ME CHECK. 4 Q PLEASE DO. 5 A YES, IT IS FOR TURBINOL-153. 6 Q AND EXHIBIT 561, SIR, CAN YOU IDENTIFY 7 THAT FOR US, PLEASE. 8 A I WILL BE RIGHT WITH YOU. 9 NOW, IF YOU WOULDN'T MIND REPEATING YOUR 10 QUESTION. 11 Q COULD YOU IDENTIFY THE DOCUMENT FOR US, 12 SIR. 13 A EXHIBIT 561 IS A COPY OF AN INVOICE TO 14 TEXAS EASTERN TRANSMISSION CORPORATION DATED, IT 15 APPEARS, 2-16-71 FOR THE SALE OF TURBINOL-153. 16 Q NOW, WAS THIS DOCUMENT PREPARED AT OR 17 ABOUT THE TIME INDICATED? 18 A THAT IS MY INFORMATION, YES. 19 Q WAS IT PREPARED FOR -- IN CONNECTION 20 WITH THE BUSINESS OF MONSANTO IN INVOICING ITS 2 1 CUSTOMERS FOR ITS PCB PRODUCT? 22 A YES, SIR. 2 3 Q AND WHAT IS YOUR UNDERSTANDING OF THE 24 MANNER OF ITS PREPARATION, SIR? 25 A IT'S MY UNDERSTANDING, MR. PREUSS, THAT 26 THIS DOCUMENT WAS GENERATED BY MONSANTO'S INVOICING 27 OR BILLING DEPARTMENT, REFLECTING A REQUEST BY 28 MONSANTO FOR PAYMENT FOR DELIVERY TO TEXAS EASTERN WATER PCB-00037552 3982 1 WITH THE QUANTITY OF TURBINOL-153 SHOWN ON HERE. 2 Q WOULD THAT BE TRUE WITH RESPECT TO THE 3 PREVIOUS EXHIBIT 559 AS WELL? 4 A YES, IT WOULD. 5 Q NOW, DOES THIS HAVE A TERM AND CONDITION 6 PAGE AS PART OF THIS EXHIBIT, SIR? 7 A I HAVE ONLY THE FRONT PAGE OF EXHIBIT 8 561 . 9 Q OKAY. AND TO THE BEST OF YOUR KNOWLEDGE, 10 SIR, AS TO EACH EXHIBIT THAT YOU AND I HAVE 11 DISCUSSED, ARE WHAT YOU HAVE IN FRONT OF YOU TRUE AND 12 CORRECT COPIES OF WHAT THE ORIGINAL WAS, SIR? 13 A THESE ARE TRUE AND CORRECT COPIES OF 14 DOCUMENTS I HAVE IN MY CUSTODY WHICH I UNDERSTAND TO 15 BE DOCUMENTS GENERATED BY MONSANTO IN THE ORDINARY 16 COURSE OF ITS BUSINESS. 17 Q NOW, WITH RESPECT TO YOUR SEARCH FOR 18 DOCUMENTS RELATING TO THE SALE OF PCB PRODUCTS IN 19 TURBINOL AND SPECIFICALLY TO TEXAS EASTERN, SIR, DID 20 YOU FIND ANY WRITTEN RECORD OF ANY OBJECTION TO THE 2 1 FOLLOWING THREE TERMS AND CONDITIONS: ASSUMPTION OF 2 2 THE RISK CLAUSE, THE LIMITATION OF LIABILITY CLAUSE 2 3 AND THE WARRANTY. DISCLAIMER CLAUSE? 24 A I FOUND NO RECORD OF OBJECTIONS FROM 25 TEXAS EASTERN TO ANY OF THOSE. 2 6 Q NO WRITTEN OBJECTION? 27 A NO WRITTEN OBJECTION, NO. 28 Q DID YOU FIND ANY DOCUMENTS, ANY INVOICES WATER PCB-00037553 3 98 3 1 OR ACKNOWLEDGMENTS RELATING TO ANY SALE OF OS-81, 2 MCS-153 OR TURBINOL-15 3 TO A COMPANY KNOWN AS 3 TRANSWESTERN? 4 A NO . 5 WE LOOKED AND FOUND NO INVOICES OR 6 ACKNOWLEDGMENTS RELATING TO SALES OF TURBINOL OR 7 MCS-153 OR OS-81 TO TRANSWESTERN. 8 Q NOW, MR. BISTLINE, WITH RESPECT TO -- WHY 9 DON'T YOU TAKE -- YOU STILL HAVE 559. 10 YOU CAN USE 561, ACTUALLY. 11 DO YOU HAVE THAT IN FRONT OF YOU? 12 A I HAVE 561, YES. 13 Q YOU WILL NOTE THAT THERE IS, IN ABOUT TWO 14 INCHES DOWN, THERE ARE TWO WHAT I WOULD CALL BOXES 15 WITH SOLID LINES? 16 A YEAH, ABOUT A THIRD OF THE WAY DOWN THE 17 PAGE . 18 Q AND ONE SAYS, "SOLD TO"? 19 A CORRECT. 20 Q AND THE OTHER SAYS "SHIPPED TO"? 21 A THAT'S CORRECT. 22 Q BASED ON YOUR UNDERSTANDING OF THE 2 3 RECORDS FROM MONSANTO RELATING TO PCB DOCUMENTS, SIR, 24 WHAT IS YOUR UNDERSTANDING AS TO WHAT THESE TWO BOXES 25 INDICATE? 26 A WELL, THE "SOLD TO" BOX IS THE IDENTITY 27 OF THE CUSTOMER TO WHOM THE PRODUCT WAS SOLD. THAT 28 IS WHERE THE BILL WOULD BE SENT. WATER PCB-00037554 3984 1 THE "SHIPPED TO" BOX INDICATED THE 2 LOCATION TO WHICH A PRODUCT PHYSICALLY WOULD BE 3 SHIPPED FROM MONSANTO AS A RESULT OF THE ORDER BEING 4 PLACED. 5 Q MR. BISTLINE, WOULD YOU TURN TO EXHIBIT 6 60? 7 A 60? 8 Q 60 . 9 YOU WILL HAVE TO GO BEHIND YOU, THERE. 10 60, 64 AND 231. 11 A AND 231, MR. PREUSS? 12 Q PLEASE. 13 A I HAVE THEM. 14 Q CAN YOU IDENTIFY THESETHREE EXHIBITS FOR 15 US, PLEASE. 16 A THESE ARE DOCUMENTS, AGAIN, COPIES OF 17 DOCUMENTS FROM THE PCB DOCUMENTS OF WHICH I AM 18 CUSTODIAN AT MONSANTO, WHICH ARE SALES SUMMARY 19 DOCUMENTS. 20 IT'S MY UNDERSTANDING THAT THESE WERE 2 1 PREPARED BY THE ACCOUNTING FUNCTION AT MONSANTO AS A 2 2 PERIODIC SUMMARY OF SALES OF ALL OF MONSANTO'S 2 3 PRODUCTS. 24 Q AND WERE THESE DOCUMENTSPREPARED IN THE 25 REGULAR COURSE OF BUSINESS, TO YOUR KNOWLEDGE? 2 6 A YES, THAT'S MY INFORMATION. 27 Q AT OR ABOUT THE TIME OF THE SALE OF 28 MONSANTO PRODUCTS? WATER PCB-00037555 3985 1 A IT WAS AT OR ABOUT THE TIME INDICATED ON 2 THE DOCUMENT. 3 Q AND WHAT IS YOUR UNDERSTANDING OF THE 4 MANNER OF PREPARATION OF THESE DOCUMENTS? 5 A WELL, THIS WAS -6 MR. TALLON: I WILL OBJECT TO THE FOUNDATION 7 FOR THAT. 8 THE COURT: OVERRULED. 9 YOU MAY ANSWER. 10 THE WITNESS: IT'S MY UNDERSTANDING, 11 MR. PREUSS, THAT THESE ARE SUMMARY DOCUMENTS FOR USE 12 BY MANAGEMENT WHICH CONSOLIDATES IN A CONVENIENT 13 FORM, IN A TABULAR FORM, REALLY, WHAT SALES OF EACH 14 OF MONSANTO'S PRODUCTS HAS BEEN FOR THE TIME PERIOD 15 STATED ON THAT DOCUMENT. 16 Q BY MR. PREUSS: AND WHERE WAS THE 17 INFORMATION, TO YOUR KNOWLEDGE, OBTAINED FOR THE 18 SUMMARY? 19 A ULTIMATELY THAT INFORMATION WAS TAKEN 20 FROM THE INVOICE FORMS. 2 1 Q AND DO THESE DOCUMENTS, BASED ON YOUR 22 UNDERSTANDING OF THE DOCUMENTS IN THE PCB FILES OF 23 MONSANTO, REFLECT SALES TO CUSTOMERS? 24 A YES . 25 MR. TALLON: I WILL OBJECT ON FOUNDATION FOR 26 INTERPRETING THE DOCUMENT. 27 THE COURT: OVERRULED. 28 YOU MAY ANSWER. WATER PCB-00037556 3 98 6 1 THE WITNESS: THAT IS MY UNDERSTANDING, YES. 2 A COPY OF THE INVOICE -- THE INVOICE WAS 3 A MULTIPLE COPY DOCUMENT SO THAT ONE COPY WOULD BE 4 SENT TO THE CUSTOMER FOR PAYMENT AND ANOTHER COPY OF 5 THAT WOULD BE SENT TO THE MONSANTO ACCOUNTING 6 FUNCTION. 7 AND THAT WOULD SERVE AS THE SOURCE OF 8 THIS TABULAR SUMMARY OF THE TYPE WE SEE IN EXHIBIT 9 231 OR THE OTHER TWO EXHIBITS. 10 Q LET'S LOOK TAKE A LOOK AT 231, SIR. 11 IF YOU GO DOWN THE LIST ON THE LEFT, 12 SIR - 13 A YES . 14 Q IS THE LIST OF THE ENTITIES THERE, ARE 15 THEY ALL CUSTOMERS OR ARE THEY REFLECTING SOMETHING 16 ELSE? 17 MR! TALLON: I WILL OBJECT. 18 THE COURT: OVERRULED. 19 YOU MAY ANSWER. 20 THE WITNESS: IT'S MY UNDERSTANDING, 2 1 MR. PREUSS, THAT THE NAMES THAT YOU SEE HERE IN THAT 22 COLUMN REFLECT THE INFORMATION TAKEN FROM THE 23 "SHIPPED TO" BOX ON THE CUSTOMER INVOICE FORM THAT 24 WOULD REFLECT THE DESTINATION OF THE PRODUCT. 2 5 Q BY MR. PREUSS: ALL RIGHT. LET'S TAKE A 26 LOOK AT 561. , 27 A 561? 28 Q YES, SIR. WATER PCB-00037557 3987 1 YOU DON'T HAVE THAT? 2, YOU MIGHT BE ABLE TO SEE IT ON THE 3 SCREEN, IF YOU CAN'T GET IT. 4 WHATEVER IS EASIER. 5 A I CAN SEE IT. 6 Q DO YOU HAVE A POINTERTHERE? 7 CAN YOU INDICATE YOUR UNDERSTANDING AS TO 8 WHERE THE INFORMATION ON THE SUMMARY SHEETS WAS TAKEN 9 FROM THE INVOICE? 10 A YOU ARE REFERRING TO THE COLUMN WE WERE 11 TALKING ABOUT ON THE LEFT-HAND SIDE? 12 Q 231, YES, SIR. 13 A IT CAME FROM THIS BOX RIGHT HERE. 14 Q SO IF WE ARE TO LOOK AT 231 THERE, ON THE 15 LEFT SIDE, WHAT IS LISTED THERE WOULD INDICATE WHERE 16 THE PRODUCT WAS SHIPPED TO; IS THAT CORRECT? 17 A THAT'S MY UNDERSTANDING, YES. 18 Q AND DOES NOT INDICATE WHERE THE INVOICE 19 WENT? 2 0 A THAT'S CORRECT. 2 1 Q WOULD YOU TAKE A LOOK AT EXHIBIT 64, 22 PLEASE. 23 A I HAVE IT. 24 Q AND GO TO PAGE 2 OFTHAT. 25 YOU WILL SEE THERE THAT THERE ARE TWO 26 NOTATIONS IN THE UPPER LEFT, IT SAYS "TRANSWESTERN 27 PIPE, CORONA, NEW MEXICO, TRANSWESTERN PIPE, ROSWELL, 28 NEW MEXICO"? WATER PCB-00037558 3988 1 A YES, I SEE THAT. 2 Q IS IT YOUR UNDERSTANDING BASED ON YOUR 3 KNOWLEDGE OF THE RECORDS, THAT THOSE ARE LOCATIONS TO 4 WHICH THE PRODUCT PURCHASE WAS SENT? 5 A THAT IS MY UNDERSTANDING, YES, 6 MR. PREUSS. 7 Q AS OPPOSED TO A CUSTOMER; IS THAT 8 CORRECT? 9 A AS OPPOSED TO THE ENTITY THAT PAID FOR 10 AND ORDERED IT, YES. 11 Q NOW, COULD YOU TAKE A LOOK AT EXHIBIT 12 253, SIR. 13 A YES, I HAVE IT. 14 Q COULD YOU IDENTIFY THAT DOCUMENT FOR US, 15 PLEASE? 16 A YES, MR. PREUSS. 17 THIS IS A DOCUMENT PREPARED BY MY STAFF 18 AT THE MONSANTO LAW DEPARTMENT BASED UPON DOCUMENTS 19 OF THE TYPE WE LOOKED AT BEFORE, THE 20 COMPUTER-GENERATED SALES SUMMARIES. 2 1 Q THIS DOCUMENT IS NOT IN THE PCB FILES FOR 22 MONSANTO COMPANY'S OF WHICH YOU ARE THE CUSTODIAN; IS 2 3 THAT CORRECT? . 24 A IT'S NOT A BASE DOCUMENT. 25 IT'S A SUMMARY DOCUMENT PREPARED BY 2 6 MEMBERS OF MY STAFF AT MY REQUEST. 27 Q MR. BISTLINE, ARE YOU AWARE THAT PRIOR TO 28 THIS LAWSUIT BEING INSTITUTED THAT THERE WAS AN WATER PCB-00037559 3989 1 ARBITRATION WHICH TOOK PLACE BETWEEN SOUTHERN 2 CALIFORNIA GAS COMPANY AND TRANSWESTERN? 3 A YES, SIR, I AM AWARE OF THAT. 4 Q AND WHEN DID MONSANTO RECEIVE ITS FIRST 5 NOTICE OF THAT ARBITRATION, SIR? 6 A WE RECEIVED OUR FIRST NOTICE OF THAT 7 ARBITRATION SOMETIME EARLY IN MAY OF 1989 WHEN WE 8 RECEIVED A SUBPOENA. 9 Q FOR WHAT? 10 A THE SUBPOENA REQUESTED THE PRODUCTION BY 11 MONSANTO OF DOCUMENTS RELATING TO PCB PRODUCTS. 12 Q AND THE DATE, AGAIN? 13 A MAY OF 1989. 14 Q OKAY . 15 MR. PREUSS: NO FURTHER QUESTIONS, YOUR HONOR. 16 THE COURT: ALL RIGHT. 17 MR. TALLON? 18 MR. TALLON: THANK YOU, YOUR HONOR. 19 20 CROSS EXAMINATION 2 1 BY MR. TALLON: 22 Q MR. BISTLINE, I WANTED TO TALK TO YOU FOR 23 A COUPLE OF MINUTES ABOUT YOUR JOB AS CUSTODIAN OF 24 RECORDS. 25 A SURE . 26 Q WHEN YOU SAY THAT THE PCB DOCUMENTS ARE 27 IN YOUR CUSTODY, YOU DON'T MEAN ACTUALLY IN YOUR 28 OFFICE, RIGHT? WATER PCB-00037560 3990 1 A NO, SIR, THEY A.RE NOT IN MY OFFICE. 2 Q THAT IS BECAUSE THERE ARE ABOUT A MILLION 3 PAGES OR SO? 4 A APPROXIMATELY, YES. 5 Q OKAY. AND THEY ARE KEPT IN A PCB 6 ARCHIVE? 7 A YES. 8 WE HAVE AN AREA IN A DIFFERENT BUILDING 9 THAT IS SECURED AND THAT IS WHERE THE DOCUMENTS ARE 10 KEPT. 11 Q OKAY. AND YOU ARE THE PERSON AT MONSANTO 12 MOST KNOWLEDGEABLE ABOUT WHERE MONSANTO KEEPS ITS PCB 13 DOCUMENTS? . 14 A THAT'S CORRECT. 15 Q AND PCB DOCUMENTS HAVE NORETENTION 16 PERIOD, RIGHT? 17 A THAT'S RIGHT. 18 THEY HAVE BEEN TAKEN OUT OF OUR NORMAL 19 CYCLE OF DESTROYING BUSINESS RECORDS AT THE REQUEST 20 OF THE LAW DEPARTMENT. 2 1 Q . RIGHT. CORPORATIONS LIKE MONSANTO HAVE 22 USUALLY, ORDINARILY PROGRAMS CALLED DOCUMENT 23 RETENTION PROGRAMS, RIGHT? 24 A THAT'S CORRECT. 25 Q AND DOCUMENT RETENTION PROGRAMS FOR A 26 CORPORATION LIKE MONSANTO SAY, WE ARE GOING TO KEEP 27 SUCH AND SUCH A KIND OF BUSINESS RECORD FOR SO MANY 28 YEARS, MAYBE FOR TAX PURPOSES, AND THEN AFTER THAT WATER PCB-00037561 3991 1 TIME PERIOD IS UP WE WILL TOSS IT? 2 A TAX PURPOSES IS ONE REASON, BUT, IN 3 GENERAL, YES. 4 Q RIGHT. AND MONSANTO HAS A DOCUMENT 5 RETENTION PROGRAM THAT SAYS, WE WILL KEEP SOME 6 DOCUMENTS FOR A FEW YEARS AND THEN THROW THEM AND 7 THEN KEEP OTHER DOCUMENTS FOR FIVE YEARS AND THEN WE 8 WILL THROW THEM AWAY AND SO FORTH, RIGHT? 9 A THAT'S CORRECT. 10 Q BUT THAT DOESN'T APPLY TO ANY DOCUMENT 11 THAT HAS TO DO WITH PCB'S, RIGHT? 12. A THAT'S CORRECT. 13 Q AND, IN FACT, THAT POLICY OF NOT THROWING 14 AWAY ANY PCB DOCUMENTS WAS FIRST GIVEN IN 1971? 15 A THAT'S MY INFORMATION. 16 THAT'S CORRECT, MR. TALLON. 17 Q` AND WHEN YOU TOOK YOUR JOB AS ASSISTANT 18 GENERAL COUNSEL - 19 A CORRECT. 20 Q -- OR WHATEVER YOUR POSITION WAS WHEN YOU 2 1 FIRST GOT IT. 22 A IT WASN'T QUITE THAT GRANDIOSE. 2 3 Q WELL, YOU DESERVED IT EVEN THEN. 24 LET'S SAY, WHEN YOU GOT THAT POSITION YOU 2 5 GAVE AN INSTRUCTION, YOU REAFFIRMED THE INSTRUCTION 26 THAT NO DOCUMENTS RELATING TO PCB'S ARE TO BE 27 DESTROYED, RIGHT? 28 A I REAFFIRMED THAT INSTRUCTION, THAT'S WATER PCB-00037562 3992 1 CORRECT. 2 Q YOU KNOW THAT THAT INSTRUCTION HAD FIRST 3 BEEN GIVEN IN 1971 AS WE JUST SAID, RIGHT? 4 A THAT WAS MY INFORMATION, YES, I WAS TOLD 5 THAT . 6 Q SO THAT DOCUMENTS RELATING TO PCB'S THAT 7 WERE IN EXISTENCE IN 1971, WE WOULD EXPECT TO SEE 8 TODAY? 9 A THEY SHOULD HAVE BEEN RETAINED. 10 Q OKAY. NOW, YOU KNOW THAT THE NORMAL 11 PROGRAM FOR KEEPING SALES DOCUMENTS WAS TWO OR THREE 12 YEARS, RIGHT? 13 A DEPENDING UPON TYPE OF DOCUMENT INVOLVED, 14 YES . . 15 Q OKAY. AND SUMMARY REPORTS, LIKE THOSE 16 COMPUTER PRINTOUTS THAT WE JUST LOOKED AT, THOSE 17 WOULD BE KEPT FOR 10 TO 12 YEARS? 18 A DEPENDING UPON THE PERIOD OF TIME YOU ARE 19 TALKING ABOUT. 20 BECAUSE THE DOCUMENT RETENTION MANUAL WAS 2 1 REVISED AT SOME POINT. 2 2 I THINK THE PERIOD WAS CHANGED. 2 3 SO IT WOULD BE 10 TO 12 YEARS, IN 24 GENERAL, DEPENDING UPON THE TIME. ' 2 5 Q WE JUST SAW YOU SAVED THE SUMMARY REPORTS 2 6 FOR THE SALES OF TURBINOL? 27 A YES . 28 Q OKAY. THE ORIGINAL -- YOUR UNDERSTANDING WATER PCB-00037563 3993 1 IS THAT THE ORIGINAL INSTRUCTIONS NOT TO DESTROY ANY 2 DOCUMENTS HAVING ANYTHING TO DO WITH PCB'S WENT OUT 3 TO THOSE INVOLVED IN THE PRODUCTION AND SALE OF 4 PCB'S, RIGHT? 5 A YES, THAT'S MY POSITION. 6 Q AS WELL AS THE MEDICAL STAFF AND THE 7 TOXICOLOGY STAFF, RIGHT? 8 A THAT'S CORRECT. 9 Q OKAY. SO, THEREFORE, TODAY, IN 10 ST. LOUIS, THERE ARE A MILLION PAGES OF PCB DOCUMENTS 11 IN YOUR CUSTODY? 12 A WELL, YES, THOSE DOCUMENTS ARE IN MY 13 CUSTODY. 14 THAT'S CORRECT. 15 Q OKAY. NOW, IN FACT, ONE OF THE THINGS 16 THAT YOU KNOW WAS DONE BACK IN THE EARLY 70'S, 17 STARTING IN '71, WAS THAT MANUFACTURING FACILITIES 18 WHERE PCB PRODUCTS HAD BEEN MADE OR BLENDED WERE 19 SEARCHED FOR, PCB DOCUMENTS? 20 A YES, AN EFFORT WAS MADE TO SEARCH THOSE 2 1 PLACES WHERE THERE WOULD BE DOCUMENTS FOR PCB'S. 22 Q LIKE KRUMMRICH? 23 A LIKE KRUMMRICH. 24 Q AND ANNISTON? 2 5 A ANNISTON, YES. 26 Q AND QUEENY? 27 A I BELIEVE SO, YES. 28 Q AND, LET'S SEE. WATER PCB-00037564 3994 1 YOU TESTIFIED IN RESPONSE TO QUESTIONS 2 FROM MR. PREUSS THAT YOU LOOKED FOR AND DID NOT FIND 3 AN INVOICE ON MONSANTO INVOICE STATIONERY OR 4 LETTERHEAD FOR A SALE OF TURBINOL OR MCS-153 OR OS-81 5 TO TRANSWESTERN PIPELINE COMPANY, RIGHT? 6 A THAT'S RIGHT. 7 WE HAD NO INVOICES REFLECTING SUCH A 8 SALE . 9 Q NOR DID YOU HAVE ANY INVOICES TO TEXAS 10 EASTERN FOR SALE OF TURBINOL-153, MCS-153 OR OS-81 TO 11 BE SHIPPED TO CORONA, NEW MEXICO? 12 A I BELIEVE THAT IS CORRECT. 13 Q SO YOU DON'T HAVE ANY INVOICES TO 14 TRANSWESTERN AND YOU DON'T HAVE ANY INVOICES TO TEXAS 15 EASTERN FOR THE SALES OF GOODS GOING TO CORONA, NEW 16 MEXICO? 17 A I BELIEVE THAT'S CORRECT, NO INVOICES. 18 Q IN FACT, THE EXHIBITS THAT MR. PREUSS WAS 19 TALKING TO YOU ABOUT JUST A FEW MOMENTS AGO, 559 AND 2 0 561, LET'S TAKE A SECOND LOOK AT THOSE, IF YOU 2 1 WOULD. 22 A SURE . 23 559 . 24 Q 559 . 2 5 A I HAVE THE WRONG BOOKS UP HERE. IT WOULD 26 BE RIGHT AT THE END. 27 Q IS IT? OKAY. 28 A OKAY. AND 561 WAS THE OTHER ONE? WATER PCB-00037565 3995 1 Q YES . 2 WELL, WHY DON'T YOU FOCUS ON 559 FOR A 3 MOMENT. 4 I ONLY HAVE A COUPLE OF QUESTIONS. 5 559 IS MONSANTO'S INVOICE AND IT'S MADE 6 OUT TO TEXAS EASTERN TRANSMISSION CORPORATION, RIGHT? 7 A CORRECT. 8 Q AND IN THE "SHIPPED TO" BOX IT SAYS 9 "SAME, CUTOFF LA." 10 THAT PROBABLY SANDS FOR SOMEWHERE IN 11 LOUISIANA, RIGHT? 12 A THAT WOULD BE MY UNDERSTANDING, CUTOFF 13 LA, YES. . 14 Q NOW, LET'S LOOK FOR 561. 15 A YES, I HAVE IT. 16 Q AND THAT IS ANOTHER MONSANTO INVOICE TO 17 TEXAS EASTERN, SHIPPED TO SAME, OFF HIGHWAY 22, 18 GRANTVILLE, PA.? 19 A THAT'S CORRECT. 20 Q WHICH WOULD BE PENNSYLVANIA? 2 1 A THAT IS MY UNDERSTANDING. 22 Q AND YOU KNOW FROM LOOKING AT YOUR RECORDS 23 THAT YOU WERE NOT ABLE TO FIND A SINGLE INVOICE TO 24 TEXAS EASTERN TRANSMISSION CORPORATION THAT SAID, 25 SHIPPED TO CORONA, NEW MEXICO OR ROSWELL, NEW MEXICO 26 OR NEW MEXICO, PERIOD? 27 A THAT'S CORRECT. 28 THE COURT: MR. TALLON, WE'LL TAKE THE WATER PCB-00037566 3996 1 AFTERNOON BREAK. 2 LADIES AND GENTLEMEN, WE WILL BE IN 3 RECESS UNTIL THREE O'CLOCK. 4 PLEASE RETURN AT THAT TIME. 5 (RECESS.) 6 THE COURT: AND RESUMING. 7 GO AHEAD, MR. TALLON. 8 MR. TALLON: THANK YOU, YOUR HONOR. 9 Q OKAY. MR. BISTLINE, LET'S JUST DO A VERY 10 BRIEF RECAP. 11 YOU HAVE A MILLION PAGES OF PCB DOCUMENTS 12 IN ST. LOUIS, RIGHT? 13 A RIGHT. 14 Q YOU GET A REQUEST FROM MR. PREUSS OR 15 SOMEBODY IN HIS OFFICE THAT SAYS, "WE NEED TO FIND 16 DOCUMENTS RELATED TO THESE ISSUES," RIGHT? 17 A` CORRECT. 18 Q AND WHAT YOU DO IS YOU TURN TO A LEGAL 19 ASSISTANT OR SOMEBODY IN YOUR OFFICE AND YOU SAY, "GO 20 FIND EVERYTHING THAT RELATES TO THESE CATEGORIES," 2 1 RIGHT? 22 A DEPENDING UPON WHAT THE NATURE OF THE 23 REQUEST IS, YES.. 24 Q OKAY. BUT THAT IS A GENERALLY CORRECT 2 5 DESCRIPTION OF THE PROCESS, RIGHT? 2 6 A RIGHT. 27 Q OKAY. AND YOU HAVE A COMPUTER SYSTEM 28 THAT ENABLES YOU, YOU DON'T HAVE TO LOOK THROUGH A WATER PCB-00037567 3 997 1 MILLION PAGES, PAGE BY PAGE, YOU HAVE A COMPUTER 2 SYSTEM THAT HELPS YOU TO DO THAT? 3 A THAT'S CORRECT. 4 Q AND WHAT YOU DIDN'T FIND WAS ANY INVOICE 5 SHOWING SHIPMENT OF -- SALE OR SHIPMENT OF TURBINOL 6 TO TRANSWESTERN IN NEW MEXICO, RIGHT? 7 A THAT'S CORRECT. 8 Q AND WHAT YOU DIDN'T FIND WAS ANY INVOICE 9 SHOWING SALE OR SHIPMENT OF TURBINOL TO TEXAS EASTERN 10 FOR DELIVERY TO NEW MEXICO? 11 A THERE WERE NO INVOICES OF THAT NATURE. 12 Q SO WHAT YOU ARE SAYING IS THERE ARE NO 13 RECORDS EITHER WAY SHOWING SALE OF THE TURBINOL THAT 14 WAS USED IN CORONA, NEW MEXICO? 15 A I'M SAYING THERE WERE NO INVOICES THAT 16 SHOWED THAT. 17 Q NO INVOICES? 18 A THAT'S CORRECT. 19 Q BECAUSE WE DO HAVE THE SALES SUMMARY 2 0 SHEETS WE LOOKED AT A MOMENT AGO? 2 1 A THAT'S CORRECT. 2 2 Q SO WE DO KNOW THE STUFF USED IN CORONA 23 WAS TURBINOL-153, RIGHT? 24 A THAT'S WHAT THAT SALES SUMMARY INDICATES, 25 YES . 26 Q BUT YOU HAVEN'T FOUND AN INVOICE THAT 27 ESTABLISHES WHO WAS IN THE "SHIPPED TO" LINE AND WHO 28 WAS IN THE "SOLD TO" LINE? WATER PCB-00037568 3998 1 A I DON'T HAVE A MONSANTO INVOICE THAT 2 GIVES ME THAT INFORMATION. 3 CORRECT. 4 Q NOW, WHEN MR. PREUSS WAS ASKING YOU ABOUT 5 SOME OF THE EXHIBITS THAT HE TALKED WITH YOU ABOUT, 6 TWO OF THEM WERE MADE OUT TO TEXAS EASTERN. 7 THOSE WERE THE TWO WE JUST LOOKED AT, 8 RIGHT, TO GRANTVILLE, PA. AND CUTOFF, LOUISIANA? 9 A YES . 10 Q NOT TO CORONA, NEW MEXICO OR ROSWELL, NEW 11 MEXICO? 12 A NO, THAT IS AS YOU JUST DESCRIBED THEM. 13 Q AND ALL THE REST OF THE INVOICES THAT 14 MR. PREUSS ASKED YOU ABOUT, DATING BACK TO 1960, 15 THOSE WERE ALL BLANKS? 16 THEY DON'T HAVE ANYBODY'S NAME ON THEM? 17 A THOSE WERE THE BLANK FORMS, CORRECT. 18 Q THOSE ARE JUST THE ONES THAT COME OUT OF 19 THE FILE, NOT USED FOR ANYBODY? 20 A THAT'S CORRECT. 2 1 THAT IS A SAMPLE OF THE FORM IN USE 2 2 DURING THAT PERIOD OF TIME. 23 Q OKAY.. YOU DON'T KNOW, OF YOUR OWN 24 PERSONAL KNOWLEDGE, WHETHER THOSE FORMS WERE ACTUALLY 25 USED FOR SHIPMENTS OF TURBINOL TO TRANSWESTERN OR 2 6 NOT? 27 A I KNOW ONLY THE INFORMATION THAT I GOT 28 WHEN I WAS FULFILLING MY JOB AS CUSTODIAN OF THE WATER PCB-00037569 3999 1 RECORDS 2 I WASN'T AT MONSANTO DURING THAT TIME 3 PERIOD. 4 Q WHAT YOU ARE SAYING IS THAT THESE 5 INVOICES WERE USED AT THAT TIME BUT YOU, THOMAS 6 BISTLINE, HAVE NO PERSONAL INFORMATION AS TO WHETHER 7 THOSE INVOICES WERE USED IN CONNECTION WITH SHIPMENTS 8 OR SALES TO TRANSWESTERN OR NOT? 9 A I WASN'T THERE. 10 I DIDN'T SEE THE INVOICES BEING FILLED 11 OUT . 12 I'M ASSURED BY PEOPLE WHO DO KNOW THAT 13 THEY WERE, IN FACT, USED. 14 Q WE ARE TALKING ABOUT YOUR KNOWLEDGE, 15 NOW . 16 A OH. 17 Q OKAY. 18 A I KNOW WHAT I WAS TOLD, MR. TALLON. 19 Q OKAY. NOW, LET'S SEE. 20 MONSANTO WAS THE SOLE U.S. PRODUCER OF 2 1 PCB'S, TO YOUR KNOWLEDGE? 22 A TO MY KNOWLEDGE, THAT'S CORRECT. 23 Q AND YOU HAVE MONITORED THE PCB ISSUE AS 24 IT'S ROLLED ALONGTHROUGH THE YEARS, RIGHT? 25 A SINCE 1985, SIR. 26 Q AND EVEN BEFORE THEN MONSANTO MAINTAINED 27 A CLIPPING SERVICE TO GET ARTICLES IN NEWSPAPERS AND 28 MAGAZINES THAT RELATED TO PCB'S? WATER PCB-00037570 4000 1 A I BELIEVE THERE WAS ONE, YES. 2 Q AND THAT DATES BACK AS FAR AS, LET'S SAY, 3 1981? 4 A PROBABLY. 5 I THINK BILL PAPAGEORGE PROBABLY HAS ONE 6 BACK AS FAR AS 1970. 7 Q OKAY. YOU WERETESTIFYINGIN RESPONSE TO 8 QUESTIONS FROM MR. PREUSS ABOUT THE SUBPOENA THAT YOU 9 GOT IN CONNECTION WITH THE ARBITRATION BETWEEN SOCAL 10 AND TRANSWESTERN. 11 A YES. 12 Q AND DID YOU SAY THAT THAT WAS THE FIRST 13 TIME YOU HAD HEARD ABOUT IT OR THE. FIRST RECORD YOU 14 HAD AT MONSANTO RELATING TO THE SOCAL TRANSWESTERN 15 PCB POLLUTION PROBLEM? 16 A THE SUBPOENA THAT I GOT WASMY FIRST 17 KNOWLEDGE OF IT. 18 WHETHER SOMEBODY ELSE AT MONSANTO MIGHT 19 HAVE KNOWN ABOUT IT, I CAN'T TELL YOU. BUT IT WAS 20 OUR FIRST OFFICIAL NOTICE OF THE PENDENCY OF THAT 2 1 ARBITRATION, CERTAINLY OUR FIRST WRITTEN NOTICE. 22 Q OKAY. WELL, YOU HAVE BEEN SITTING IN 23 COURT EVERY DAY SINCE THE BEGINNING OR ALMOST EVERY 24 DAY SINCE THE BEGINNING? 25 A ALMOST EVERY DAY. 26 Q AND YOU WERE HERE WHEN MR. VOGEL 27 TESTIFIED WEEKS AGO, IT SEEMS, FROM SOCAL GAS, RIGHT? 28 A I RECALL MR. VOGEL, YES. WATER PCB-00037571 4001 1 Q AND YOU RECALL MR. VOGEL TESTIFYING THAT 2 HE ATTENDED A MEETING IN 1981 WHERE DR. CRADDOCK WAS 3 PRESENT, RIGHT? 4 A I DON'T RECALL SPECIFICALLY, BUT HE -- HE 5 MAY HAVE. 6 I JUST DON'T RECALL RIGHT NOW. 7 Q AND DO YOU RECALL THE PART WHERE 8 MR. VOGEL WAS TESTIFYING ABOUT DR. CRADDOCK, 9 MONSANTO'S PCB GUY, BEING PRESENT AT THE MEETING OF 10 THE GAS RESEARCH INSTITUTE WHERE PCB CONTAMINATION OF 11 PIPELINES WAS DISCUSSED IN 1981? 12 A I BELIEVE THAT IS WHAT HE SAID. 13 THAT IS MY BEST RECOLLECTION, ANYHOW. 14 Q DID YOU TALK TO DR. CRADDOCK OR LOOK FOR 15 A RECORD TO SEE WHETHER DR. CRADDOCK HAD COME BACK 16 AFTER THAT MEETING AND WRITTEN UP THAT MEETING - 17 A' DID I -- I'M SORRY, YOU DIDN'T FINISH 18 YOUR QUESTION. 19 Q MR. VOGEL TESTIFIED IN THIS CASE THAT HE 20 ATTENDED A MEETING IN 1981 PUT ON BY THE GAS RESEARCH 21 INSTITUTE? 22 A RIGHT. 23 Q WHICH WAS ALSO ATTENDED BY DR. CRADDOCK? 24 A RIGHT. 25 Q DR. CRADDOCK WORKED FOR MONSANTO AND 26 BASICALLY WAS IN CHARGE OF PCB'S FROM AN 27 ENVIRONMENTAL STANDPOINT? 28 A HE WAS AREGULATORY MANAGER. WATER PCB-00037572 4002 1 SO HE WOULD HAVE BEEN INVOLVED WITH 2 REGULATORY AGENCIES DEALING WITH PCB'S. 3 Q AND DR. -- EXCUSE ME, MR. VOGEL TESTIFIED 4 THAT DR. CRADDOCK WAS PRESENT AT THE GRI MEETING WHEN 5 THE SUBJECT OF PCB CONTAMINATION OF NATURAL GAS 6 PIPELINES WAS DISCUSSED AT THAT MEETING? 7 A RIGHT. 8 Q AND I'M ASKING YOU WHETHER YOU LOOKED FOR 9 A MEMO OR A RECORD THAT DR. CRADDOCK WROTE WHEN HE 10 GOT BACK TO ST. LOUIS AFTER THAT MEETING. 11 A I DON'T RECALL SPECIFICALLY WHETHER WE 12 LOOKED FOR SUCH A MEMO OR NOT. 13 IF DR. CRADDOCK HAD WRITTEN SUCH A MEMO, 14 IT WOULD BE IN OUR FILES. 15 Q DID YOU LOOK FOR THE PCB OPERATING MANUAL 16 FROM THE JOHN F. QUEENY PLANT THAT HAD THE LABELING 17 INSTRUCTIONS FOR TURBINOL IN IT? 18 A WE DID LOOK FOR SUCH A MANUAL. 19 Q AND YOU DID NOT FIND THAT? 20 A THAT'S CORRECT. 2 1 WE DID NOT FIND THAT. 22 Q THAT WAS SUBJECT TO THE PCB POLICY NOT TO 23 DESTROY PCB DOCUMENTS? 24 A THAT'S CORRECT. I WISH THAT DOCUMENT HAD 25 BEEN SAVED. 26 Q OKAY. NOW, LET'S SEE. 27 YOU TESTIFIED IN RESPONSE TO SOME 28 QUESTIONS FROM MR. PREUSS ABOUT THOSE SALES WATER PCB-00037573 4003 1 SUMMARIES? 2 A THE COMPUTER FORMS? 3 Q ONE PARTICULAR ONE I THINK WAS 253, 4 TRANSWESTERN 253. 5 SO WOULD IT BE A BLUE BINDER? 6 A A BLUE BINDER, YES. 7 Q AND YOU SAID THAT YOU HAD ASKED YOUR 8 PARALEGAL OR PARALEGALS TO PREPARE THEM; IS THAT 9 CORRECT? 10 A THAT IS CORRECT. 11 Q AND THIS WAS THE ONE THAT SAID SALES 12 SUMMARY, ALL PCB PRODUCTS, TEXAS EASTERN 13 TRANSMISSION, CORONA, NEW MEXICO? 14 A THAT'S CORRECT. 15 Q FLIP THE PAGE, WILL YOU, TO LOOK AT 254. 16 A YES . 17 Q THAT SAYS "SALES SUMMARY, ALLPCB 18 PRODUCTS, TRANSWESTERN PIPELINE, CORONA, NEW MEXICO, 19 RIGHT? 2 0 A THAT'S CORRECT. 21 Q IT SHOWS IN 1968, '69, '70 TURBINOLAND 2 2 MCS-153, RIGHT? 2 3 A THAT'S CORRECT. . 24 Q OKAY. AND WHEN YOU GOT THIS FROM YOUR 2 5 PARALEGAL DID YOU SAY, "OH, YOU KNOW, WHAT I REALLY 2 6 WANTED WAS FOR THIS TO SAY 'SHIPMENT SUMMARY'"? 27 A NO, I DIDN'T SAY THAT. 28 Q OKAY. AND IT DOES SAY SALES SUMMARY ON WATER PCB-00037574 4004 1 THE TOP OF THE PAGE, RIGHT? 2 A YES, SIR, IT DOES SAY SALES SUMMARY. 3 Q LOOK IF YOU WOULD, PLEASE. 4 I DON'T THINK IT'S IN THAT SAME BOOK, BUT 5 EXHIBIT 20. 6 A NO, IT'S NOT. 7 YES, I HAVE EXHIBIT 20. 8 Q YOU HAVE SEEN A LOT OF MONSANTO DOCUMENTS 9 AS A RESULT OF YOUR JOB AS CUSTODIAN OF PCB RECORDS, 10 RIGHT? 11 A THAT IS CORRECT. 12 Q NOW, YOU RECOGNIZE EXHIBIT 20 AS BEING ON 13 MONSANTO COMPANY LETTERHEAD, RIGHT? 14 A YES, I DO. 15 Q AND IT'S A LETTER DATED OCTOBER 19, 1961, 16 RIGHT? 17 A I THINK IT SAYS JUNE 19, 1961. 18 Q DOES IT SAY JUNE 19, 1961? 19 A THAT IS WHAT MY COPY SAYS. 20 Q AND THE SIGNATURE BLOCK IS FOR DR. ROGER 21 HATTON, RIGHT? 22 A YES . 23 Q AND YOU KNOW DR. HATTON? 24 A I HAVE MET DR. HATTON, YES. 25 Q AND HE WORKED FOR MONSANTO THEN? 26 A MY INFORMATION IS, YES, HE DID WORK FOR 27 MONSANTO IN 1961. 28 Q AND HE WAS IN THE DEVELOPMENT DEPARTMENT WATER PCB-00037575 4005 1 FOR MCS-153, RIGHT? 2 A WELL, HE WAS GENERALLY IN THE RESEARCH 3 DEPARTMENT. 4 Q OKAY. AND, IN FACT, IN THIS LETTER 5 DR. HATTON IS WRITING TO OLLIE FLETCHER ABOUT THE 6 SWITCH IN PRODUCTS BETWEEN OS-81 AND MCS-153, RIGHT? 7 A YEAH, THAT IS ONE OF THE THINGS TALKED 8 ABOUT HERE, YES. *< 9 Q AND THE SECOND PAGE OF THE DOCUMENT IS A 10 LIST OF THE SPECIFICATIONS OF MCS-153 AND OS-81, 11 RIGHT? 12 A YES . 13 IT SAYS, "COMPARATIVE DATA ON MONSANTO 14 FIRE RESISTANT TURBINE LUBRICANTS, TWO COLUMNS, ONE 15 FOR MCS-153 AND ONE FOR OS-81." 16 Q AND THE THINGS IDENTIFIED IN THOSE 17 COLUMNS ARE VISCOSITY AND POUR POINT AND FLASH POINT, 18 ALL THE SPECIFICATIONS OF THE PRODUCT, CORRECT? 19 A PHYSICAL PROPERTIES, YES. 20 Q AND PHYSICAL PROPERTIES OF THEPRODUCT? 21 A YEAH. 22 Q AND YOU RECOGNIZE THAT AS BEING AN 2 3 AUTHENTIC MONSANTO DOCUMENT? 24 A I RECOGNIZE IT AS BEING OF THE TYPE THAT 25 APPEARS TO BE AN AUTHENTIC MONSANTO DOCUMENT, YES. 26 Q OKAY. YOU'RE RIGHT, IT IS DATED JUNE 19, 27 1961, RIGHT. 28 A I WAS LOOKING AT IT, YES. WATER PCB-00037576 4 006 1 I CAN READ IT RIGHT HERE. 2 Q I WASN'T. 3 SO APOLOGIES. 4 NOW, TAKE ANOTHER LOOK, IF YOU WOULD, AT 5 ONE -- MONSANTO EXHIBITS. 6 THAT SHOULD BE THE THICK ONE, 769. 7 A OKAY. I HAVE 769. 8 Q THAT IS A BIG THICK COMPILATION OF ALL OF 9 THE SALES SUMMARIES THAT MONSANTO GAVE US IN THAT 10 CASE, RIGHT? 11 A THAT'S MY UNDERSTANDING, YES. 12 Q OKAY. YOU KNOW, WHENI WAS LOOKING 13 THROUGH THIS, MR. BISTLINE, I WAS LOOKING AT 14 DIFFERENT KINDS OF INFORMATION. 15 AND THERE WAS ONE THING I THOUGHT YOU 16 MIGHT BE ABLE TO HELP ME OUT WITH AS THE CUSTODIAN OF 17 RECORDS AND BASED ON YOUR UNDERSTANDING OF THESE 18 SALES SUMMARIES. 19 WOULD YOU FLIP TO THE PAGE FOR SALES 20 SUMMARY, ALL PCB-CONTAINING PRODUCTS, GENERAL 21 DYNAMICS, GROTON, CONNECTICUT? 22 A IF IT'S ALPHABETICAL. THAT'S IT. 23 Q ALL PCB-CONTAINING PRODUCTS GENERAL 24 DYNAMICS -- GROTON, CONNECTICUT, 1954 THROUGH 1977. 25 MAYBE I CAN BE OF ASSISTANCE? 2 6 A GENERAL DYNAMICS, GROTON, CONNECTICUT. 27 Q WHEN I LOOKED AT THIS PARTICULAR PAGE I 28 SAW THE TYPED PORTION ON THE BOTTOM THAT SAID ACCOUNT WATER PCB-00037577 4007 1 RECEIVABLE NUMBER IDENTICAL TO GENERAL ELECTRIC IN 2 ATLANTA, GEORGIA, SEE GENERAL ELECTRIC ATLANTA FOR 3 SALES AFTER 1962. 4 DO YOU SEE THAT? 5 A YES, I SEE THAT. 6 Q SO THAT IS TALKING ABOUT ACCOUNT 7 RECEIVABLE NUMBERS, RIGHT? 8 A THAT IS WHAT IT SAYS. 9 Q OKAY. SO THEN FLIP TO THE PAGE FOR SALES 10 SUMMARY, ALL PCB PRODUCTS, TEXAS EASTERN 11 TRANSMISSION, BARTON, ALABAMA, 1954 TO 1977. 12 A BARTON, ALABAMA? 13 Q YEAH . 14 A YES, I HAVE IT. 15 Q SO THAT IS THAT ONE-PAGE SHEET THAT 16 SHOWS -- THAT IS THE ONE-PAGE SHEET THAT SHOWS TEXAS 17 EASTERN, BARTON, ALABAMA AND TURBINOL 153 IN 1968, 18 RIGHT? 19 A YES, THAT IS WHAT THAT SAYS. 2 0 Q AND THE SALES SUMMARY IS ATTACHED THAT 2 1 HAS JUST THAT ONE LINE ON IT OR THE ONE VISIBLE LINE, 22 IN ANY EVENT? 2 3 A THAT'S CORRECT, TEXAS EASTERN, RIGHT. 24 Q BUT THERE IS NO A.R. NUMBER ON THERE THAT 25 WE CAN SEE, RIGHT? 26 A NO . 27 Q OKAY . 28 A I'M SORRY. WATER PCB-00037578 4 008 1 I'M NOT SURE WHAT YOU MEAN BY AN A.R. 2 NUMBER, SIR. 3 Q LET'S LOOK AT THE VERY NEXT ONE WHICH IS 4 TEXAS EASTERN TRANSMISSION KOSCIUSKO? 5 A I SEE IT. 6 Q OKAY . 7 AND FLIP TO THE THIRD PAGE OF THAT. 8 A OKAY . 9 Q AND IN THE LOWER RIGHT-HAND CORNER OF THE 10 DOCUMENT THERE IS AN A.R. NUMBER, RIGHT? 11 A YES, I SEE THAT. 12 Q THAT IS THE ACCOUNT RECEIVABLE NUMBER, 13 RIGHT? 14 A I BELIEVE THAT IS WHAT THAT IS, YES. 15 Q OKAY. AND THAT IS 729887? 16 A YES . 17 Q OKAY. NOW, LET'S LOOK AT ANOTHER ONE. 18 SO THE ACCOUNT RECEIVABLE FOR KOSCIUSKO 19 IS 729887 AND WE WILL FLIP TO -- WELL, LOOK AT THE 2 0 NEXT ONE WHICH IS TEXAS EASTERN TRANSMISSION 2 1 TOSCUMBIA, ALABAMA. OKAY? 22 A OKAY. 2 3 Q AND IF YOU FLIP, I THINK TO PAGE 3, YOU 24 WILL SEE IT HAS GOT -- TERRIBLE FOCUS. 25 THERE WE GO. 26 IT'S GOT THE SAME ACCOUNT RECEIVABLE 27 NUMBER, 729887? 28 A YES, ITDOES. WATER PCB-00037579 4 009 1 Q OKAY. AND LOOK AT THE VERY NEXT ONE FOR 2 DANVILLE, KENTUCKY. 3 A OKAY. 4 Q IT HAS ACCOUNT RECEIVABLE NUMBER ON PAGE 5 3, 729887, RIGHT? 6 A YES, THAT IS WHAT APPEARS THERE. 7 Q AND LET'S SEE. 8 THE NEXT ONE, OWENSVILLE, KENTUCKY, TEXAS 9 EASTERN TRANSMISSION, OWENSVILLE, KENTUCKY? 10 A I SEE IT, YES. 11 Q ON PAGE 3 IT HAS ACCOUNT RECEIVABLE 12 NUMBER 729887? 13 A YES. 14 Q AND, OH, LET'S SEE. 15 LA ROSA, LOUISIANA, TEXAS EASTERN 16 TRANSMISSION - 17 A IS THAT THE NEXT ONE IN ORDER HERE? 18 Q YEAH. 19 A OKAY. 20 Q THAT HAS ACCOUNT RECEIVABLE NUMBER 2 1 729887? 2 2 A ON THE SECOND PAGE? 23 YES, I SEE THAT NUMBER. 24 Q OKAY. AND ON THE THIRD PAGE AS WELL OR 25 LAST PAGE OF THAT EXHIBIT OR THAT PART OF IT, RIGHT? 26 A YES, THAT'S RIGHT. 27 Q SO ALL OF THOSE TEXAS EASTERN 28 TRANSMISSION LOCATIONS THAT WE HAVE LOOKED AT HAVE WATER PCB-00037580 4 010 1 729887, RIGHT? 2 A THAT NUMBER APPEARS ON ALL OF THESE, 3 THAT'S RIGHT, AS YOU HAVE POINTED OUT. 4 Q NOW, FLIP TO THE PAGE FOR TRANSWESTERN 5 PIPELINE, CORONA, NEW MEXICO. 6 A I HAVE IT. 7 Q SALES SUMMARY, ALL PCB PRODUCTS, 8 TRANSWESTERN PIPELINE, CORONA, NEW MEXICO, 1954 TO 9 1977 . 10 A YES . 11 Q DO YOU HAVE THAT? 12 A I DO. 13 Q AND IF WE FLIP TO THE THIRD PAGE OF THAT, 14 WE HAVE A DIFFERENT ACCOUNT RECEIVABLE NUMBER, A.R. 15 739844, RIGHT? 16 A THAT'S RIGHT. 17 MR. TALLON: OKAY. 18 NOTHING FURTHER. 19 THE COURT: ALL RIGHT. 2 0 REDIRECT, MR. PREUSS? 2 1 MR. PREUSS: NOTHING FURTHER, YOUR HONOR. 2 2 THE COURT: MAY MR. BISTLINE BE EXCUSED, EXCEPT 2 3 FOR HIS OTHERWISE ATTENDANCE, BE EXCUSED FROM FURTHER 24 TESTIMONY? 25 MR. PREUSS: YES, SIR. 2 6 THE COURT: MR. TALLON? 27 MR. TALLON: YES. 28 THE COURT: WE THANK YOU, SIR, FOR YOUR WATER PCB-00037581