Document rpz5JjDyzN3vwG0aE2539YDJG

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY COMMONWEALTH OF PENNSYLVANIA CIVIL DIVISION IN RE: ALL PENDING ASBESTOS CASES ESTATE OF LLOYD KOONS, ESTATE OF DONALD KOTAY, Plaintiffs, ) ) vs. ) ) No. GD 99-122131 ) No. GD 99-10029 UNION CARBIDE CORPORATION, et al., ) Defendants. ) ) Deposition of FRANCIS A. KING Friday, December 14, 2001 The deposition of FRANCIS A. KING, called as a witness by the Plaintiffs, pursuant to notice and the Pennsylvania Rules of Civil Procedure pertaining to the taking of depositions, taken before me, the undersigned, Colleen O'Brien Adams, a Notary Public in and for the Commonwealth of Pennsylvania, at the offices Goldberg, Persky, Jennings & White, 1030 Fifth Avenue, Pittsburgh, Pennsylvania 15219, commencing at 10:00 o'clock a.m., the day and date above set forth. COMPUTER-AIDED TRANSCRIPTION BY MORSE, GANTVERG & HODGE, INC. PITTSBURGH, PENNSYLVANIA 412-281-0189 ORIGINAL rr 1 APPEARANCES: 2 On behalf of the Plaintiffs: 3 Goldberg, Persky, Jennings & White Aaron J. DeLuca, Esquire 4 1030 Fifth Avenue Pittsburgh, Pennsylvania 15219 5 On behalf of the Witness: 6 Eckert Seamans: 7 Dale Hershey, Esquire USX Tower, 44th Floor 8 600 Grant Street Pittsburgh, Pennsylvania 15219 9 On behalf of the Defendant UNC: 10 Wilbraham, Lawler & Buba: 11 Alba A. Romano, Esquire First and Market Building 12 100 First Avenue Pittsburgh, Pennsylvania 15222 13 On behalf of the Defendant Klinger: 14 Riley, McNulty, Hewitt & Sweitzer: 15 Sandra L. Alven, Esquire 650 Washington Road, Suite 300 16 Pittsburgh, Pennsylvania 15228 17 18 ALSO PRESENT: 19 Dr. David Egilman (via telephone) 20 21 22 23 24 25 2 3 --1 FRANCIS A. KING 2 called as a witness by the Plaintiffs, having been 3 first duly sworn, as hereinafter certified, was 4 deposed and said as follows: 5 EXAMINATION 6 BY MR. DELUCA: 7 Q Mr. King, good morning. 8 A Good morning. 9 Q My name is Aaron DeLuca and I represent a 10 number of individuals who have claims against Union 11 Carbide Corporation in asbestos cases. I appreciate 12 you coming in this morning. I don't think I am going 13 to take very much of your time. I understand that you 14 are a lawyer? 15 A Correct. 16 Q And you are presently general counsel to 17 Elkem Metals Company? 18 A Yes. . 19 Q That being said, I am sure you are very 20 familiar with the deposition process, just let me 21 remind you if you don't understand one of my 22 questions, I would ask that you tell me that and I 23 will attempt to repeat it or rephrase it. Fair 24 enough? 25 A Fair enough. 4 -- 1 Q I have issued a subpoena dated December 7, 2 2001 along with a notice of deposition, which I am 3 going to ask be marked as Deposition Exhibit No. 1. 4 And you have that in front of you right now; correct? 5 A I do. 6 (Thereupon, Deposition Exhibit No. 1 was 7 marked for identification.) 8 Q And you have had a chance to review that? 9 A Yes. 10 MR. HERSHEY: I would like just to have one 11 point of clarification and that is that the 12 subpoena was issued on behalf of the plaintiffs 13 in the cases that are pending against Union ' 14 Carbide. 15 MR. DELUCA: Yes, sir. 16 MR. HERSHEY: And I would like it noted 17 that Mr. King is here under subpoena and he is 18 not testifying in cooperation with plaintiffs but 19 going to respond to questions put to him under 20 subpoena. 21 MR. DELUCA: I agree to that. 22 Q Mr. King, do you recall our initial contact 23 on December 6 when I contacted the law department of 24 Elkem Metals? 25 A I remember a phone call, yes. 5 1 Q Sure. And at that time your secretary or 2 paralegal answered the phone. And I identified myself 3 to her as being a plaintiff's attorney. Following 4 that, she connected me with you, do you remember that? 5 A I remember being connected with you, yes. 6 Q What was the name of the lady who forwarded 7 that call to you? 8 A Her name is Kathleen spelled with a K, 9 Kantor,also spelled K-a-n-t-o-r. 10 Q Is she a paralegal with the law department 11 at Elkem Metals? 12 A She is kind of a girl Friday, she does 13 everything. She is my secretary, she's a paralegal, 14 we have a very small department. 15 Q Would you describe to me your employment 16 history with Elkem Metals as far as when you started 17 and the positions you have held? 18 A I started in February, 1985 in the same 19 position I hold today. 20 Q As vice president and general counsel? 21 A Correct. 22 Q You have had a chance to review the 23 documents which were attached to the subpoena that I 24 issued on December 7? 25 A Correct. 6 1 Q Can you provide me with any information as 2 to what, if any, business entities Elkem Metals 3 purchased from Union Carbide in the early '80's? 4 A The transaction was completed in 1981. I 5 believe the actual closing date was June 30, 1981. 6 And by virtue of that agreement, Elkem purchased the, 7 what was then known as the metals division of Union 8 Carbide Corporation. It was an asset purchase and the 9 assets -- I may miss something here -- but the assets, 10 as I recall, consisted of a plant in Marietta, Ohio, a 11 plant in Ashtabula, Ohio, a plant in Alloy, West 12 Virginia, a plant in Alabama, I think it was 13 Birmingham but I am not certain, and a plant in 14 Portland, Oregon. 15 The transaction also consisted of a lease 16 of facilities in Niagara Falls, New York and I'm 17 sorry, when I said Birmingham, Alabama, it was really 18 Sheffield, Alabama, I recall it now. There was also a 19 transaction agreed to at that time whereby Elkem would 20 purchase two plants in Canada at a later date. And 21 those two plants were actually purchased in 1984. 22 Q Can you tell me how Hawks Nest or Glen 23 Ferris fits into these transactions that Elkem entered 24 into with Union Carbide in 1981? 25 A Hawks Nest and Glen Ferris are 7 1 hydroelectric facilities that are located in proximity 2 to the Alloy, West Virginia plant and they were part 3 of assets of the purchase that were purchased. 4 Q Do I understand these to be hydroelectric 5 power plants? 6 A Correct. 7 Q And is there one plant or are there two 8 plants? 9 A There is two plants. 10 Q And they are known as Hawks Nest and Glen 11 Ferris? 12 A Correct. 13 MR. DELUCA: Off the record, please. 14 {Discussion off the record.) 15 MR. DELUCA: We are going back on the 16 record. 17 BY MR. DELUCA: 18 Q Mr. King, before we went off the record we 19 were just talking about the Hawks Nest plant and the 20 Glen Ferris plant which were hydroelectric power 21 plants, which were part of the purchase by Elkem of 22 the metals division of Union Carbide and I believe 23 that you told me that these two power plants were 24 associated with the facility in Alloy, West Virginia; 25 is that correct? rr 8 --' 1 A That's correct. 2 Q With regard to the documents which I am 3 seeking by the subpoena which are enumerated in the 4 letter with enclosures dated August 17, 1981 from Mr. 5 DeBor to Mr. Fawcett, have you undertaken a search to 6 determine whether Elkem presently possesses those 7 documents? 8 A I have done as much as I thought I could to 9 attempt to determine if they exist. 10 Q And would you describe for me fully the 11 steps that you have taken on behalf of Elkem to 12 determine whether those documents are in existence and 13 if so where they would be located? 14 A Well, the starting point was to contact the 15 person to whom the letter of August 17 was addressed, 16 Mr. Harry W. Fawcett. I called his home, I talked to 17 him briefly to describe what was in the letter. I 18 read him the letter, and then I asked him if he had 19 any recollection at all of having received the 39 20 cartons of documents that are identified in the 21 letter. And the short answer is he had no 22 recollection at all. In fact, he didn't even remember 23 who I was, so, that was a dead end. That produced 24 nothing. 25 Then I went, I looked at our records ------------------------------p-f---------------------------------------------------------------------------------------------------------- 9 1 retention policy to see if there was any category of 2 documents in that policy that might have -- that these 3 boxes might have fit into. I really didn't find 4 anything that was relevant, in my mind, at least, as 5 to a category that might have picked up these 6 documents. 7 Then I had my legal assistant, Mrs. Kantor, 8 check our database, that is our own law department 9 database, which includes all of our departmental 10 records by category, and she didn't find anything in 11 there that was applicable. 12 And the last step was to check the manifest 13 of retired documents that we have. We store retired 14 documents in a mine north of Butler, Pennsylvania and 15 the manifest categorizes those records both by the 16 name of the person who delivers them for the storage 17 and also by category in very broad categories. An 18 example of the latter would be accounts receivable, 19 for example, and under documents that I have sent for 20 storage it comes under the heading FK, Frank King. 21 And we looked through that and we didn't find anything 22 that looked applicable. Those are the steps I took. 23 Q I would like to ask you about each one of 24 those, if you don't mind. 25 A Sure. 10 1 Q When you talked to Mr. Fawcett and you read 2 him this letter, am I correct that he said he just 3 didn't remember receiving these documents as opposed 4 to telling you that he did not receive these 5 documents? 6 A He said he didn't remember. 7 Q He couldn't tell you one way or theother? 8 A That's right. 9 Q And did Mr. Fawcett cite to you any other 10 individuals that he thought perhaps could address your 11 inquiry? 12 A No. 13 Q Do you know when Mr. Fawcett retired from 14 Elkem Metals? 15 A Actually, I don't think he ever worked for 16 Elkem Metals. Harry Fawcett was -- I only know this 17 by what predated my being employed by Elkem in 1985, 18 Harry Fawcett, originally was a fairly high ranking 19 executive at Alcoa. At the time that I knew him after 20 I started in 1985, he was retired, and he was working, 21 I believe, as a consultant for a sister company of 22 Elkem called Elkem Chemicals. They were located at 23 Building No. 1 on Cliff Mine Road in Pittsburgh. And 24 he worked there. I met him a few times. He left the 25 company about a year after I started. TT 11 1 Q Mr. King, I note that your business card 2 indicates that you are employed by Elkem Metals 3 Company, LP. 4 A That's an old card. It's no longer true. 5 It's now called Elkem Metals Chem, Inc. I just 6 haven't had the cards updated. 7 Q I would note that both of those entities 8 differ from the entity that's listed in this letter 9 dated August 17, 1981. 10 A That's correct. 11 Q That was addressed to Mr. Fawcett of Elkem 12 Management, Incorporated? 13 A Right. 14 Q Is that a different company than the Elkem 15 Metals? 16 A It is. They are sister/daughter type 17 companies. It's all one umbrella of companies under 18 the same ultimate management ownership. 19 Q I am not seeking anyconfidential or 20 proprietary information about the operations of Elkem, 21 but can you tell me what relationship Elkem Management 22 has or had with Elkem Metals? 23 A Well, at the time this letter was written, 24 August 17, it would have post dated the closing on the 25 purchase arrangement and Elkem Management, Inc. would 12 1 have been the managing partner of Elkem Metals 2 Company. I can tell you what the structure was at 3 that time. There were four partners, they were all 4 ultimately owned by a Norwegian corporation called 5 Elkem Metal Chem a/s, small a, small s, and those four 6 partners, in turn, owned -- I'm sorry, Elkem 7 Management, Inc. is a corporation. Those four 8 corporations that I just mentioned, owned the 9 partnership, Elkem Metals Company. 10 Q Is there an entity in existence today known 11 as Elkem Management, Incorporated? 12 A No. 13 Q Can you tell me when Elkem Management, 14 Incorporated -- well, strike that. Is there --do you 15 know whether Elkem Management, Incorporated ceased to 16 do business or whether it changed its name? 17 A Changed its name. And then it ceased to do 18 business subsequent to that. 19 Q Can you tell me the name of the entity that 20 Elkem Management, Incorporated became known as before 21 it ceased to do business? 22 A Well, today, what was Elkem Management, 23 Inc., along with several other companies are now 24 merged together in a single company known as Elkem 25 Investment Holdings, Inc. r~r 13 -- 1 Q Where is that entity headquartered today? 2 A In Pittsburgh. 3 Q You are not employed by that company; 4 correct? 5 A No. 6 Q You don't serve as general counsel to them? 7 A I do in the sense that it's a -- yes, I do 8 serve as general counsel to them. 9 Q Do they maintain records separate and apart 10 from Elkem Metals? 11 A No. 12 Q Did you contact anyone at Elkem Investment? 13 A Could I correct that? 14 Q Yes, sir. 15 A They do maintain separate records in the 16 sense of corporate identity type records like minute 17 books and all the corporate documents. But as far as 18 correspondence and that type of thing, they are all 19 held at our offices pretty much together. 20 Q Did you contact anyone associated with 21 Elkem Investment Holdings, Incorporated to determine 22 whether or not they possessed the records which are 23 listed in this letter of August 17, 1981? 24 A No. 25 Q Are you able to tell me -- withdraw that ~ " -- " *T t---------------------------------------------------------------------------------------------------------- 14 1 question. 2 When you spoke to Mr. Fawcett, you said 3 that he was here in the Pittsburgh area? 4 A Yes. 5 Q Does he presently live in Sewickley, 6 Pennsylvania? 7 A Yes. 8 Q Does he work in any capacity with Elkem 9 today, for instance, as a consultant? 10 A No. 11 Q Getting back to the four steps that you 12 listed for me, I think the second one is that you 13 checked your records retention policy? 14 A Correct. 15 Q You wouldn't have a copy of that with you 16 today would you? 17 A I do. 18 Q May I mark that as Deposition Exhibit 2? 19 (Thereupon, Deposition Exhibit No. 2 was 20 marked for identification.) 21 Q Did I understand you to say that when you 22 reviewed the records retention policy today, you 23 didn't see any categories of documents in here which 24 would suggest to you that the documents that I am 25 seeking have been destroyed subject to this policy? FT 15 1 A I didn't see any category of documents 2 listed in that policy that I thought would pick up the 3 types of documents that were in the letter that was 4 addressed to Mr. Fawcett. 5 Q Okay. And then you indicated that your 6 assistant, Ms. Kantor, checked the database that your 7 law department maintains which covered departmental 8 records? 9 A Correct. 10 Q Can you tell me when that database came 11 into existence? 12 A Only roughly. I would say probably about 13 1996 or 7, I am not sure which. 14 Q And that was after the point in time you 15 joined Elkem? 16 A Yes. 17 Q Is this something that was done pursuant to 18 your instruction? 19 A Yes. 20 Q And can you tell me what efforts were made 21 in -- I'm sorry, did you say '86? 22 A What are you asking me, when -23 Q When did the database come into existence? 24 A Round '96 or '97. 25 Q '96 or '97? 11 i r 1 -- -- -- ... ---- ..... 16 --. 1 A Right. 2 Q Can you tell me what efforts were made in 3 '96 or '97, to look to see what documents were in 4 existence for inclusion in the database? 5 A That would be all the legal department 6 records, all of our files. 7 Q If there were files which were not 8 generated or used by your legal department, they would 9 not be in your database; is that correct? 10 A That's correct. 11 Q And then, finally, you indicated that you 12 checked a manifest of retired documents? 13 A That's right. ~ 14 Q Could you just tell me what that means so 15 that we are clear? 16 A Well, when documents reach a certain point 17 in the records retention policy that they are due to 18 be retired, then they are cartoned up and sent off to 19 this storage point, which is north of Butler, 20 Pennsylvania. And then they are manifested; that is. 21 they are marked in a certain way as to what they are. 22 And then after they have been there for a period of 23 time, they are supposed to be -- when they reached the 24 destruction point, they are supposed to be destroyed. 25 And that's basically it. ------------------------------n---------------------------------------------------------------------------------------------------------- 17 1 Q Is that the Iron Mountainfacility? 2 A I don'tknow the name of it. I have been 3 there but I forgot the name of it. 4 Q It's an old mine? 5 A It's an old mine, yes. 6 Q Just generally, can you tell me the volume 7 of boxes that Elkem stores at that location? 8 A I can't tell you specifically. I know that 9 I have been out there searching for documents on one 10 occasion in particular, and I spent the better part of 11 three days out there going through a definitive 12 category of documents. I knew what I was looking for. 13 Q Are there thousands of boxes there? 14 A I think so, yes. 15 Q And there is some sort of index that you 16 have created either for your own purpose or for the 17 benefit of this facility that would tell you what is 18 generally found in each box? 19 A That's the manifest that I referred to. 20 Q And can you just give me an example of the 21 type of information or the quantity of information 22 that would be located on this manifest as it would 23 relate to describing the contents of any given box? 24 A It's pretty basic. It's just like I said, 25 it's categorized by either the name of the person who 18 -- 1 sent it or the initials of the person who sent it or a 2 general subject matter like "accounts receivable," 3 that type of thing. 4 Q By chance, did you bring a copy of your 5 manifest with you today? 6 A That, X didn't, no. 7 Q Is that something that you would be willing 8 to provide? 9 A Sure. 10 Q There was no effort made to look into any 11 boxes that are housed in that storage facility north 12 of Pittsburgh to see whether the documents I am 13 seeking would be located therein? 14 A No. 15 Q There was just a general effort to see who 16 sent the boxes or whether there was any description 17 which might match what I was looking for? 18 A Correct. 19 Q Did you look for documents that Harry 20 Fawcett would have transferred to this facility or 21 possibly transferred to this facility? 22 A Well, I looked through the manifest and 23 Mrs. Kantor did, as well, under my direction, to see 24 if there was anything in there that might indicate 25 that these documents in this letter of 1981 were there -----------------------------p-r---------------------------------------------------------------------------------------------------------- 19 1 and there was no indication. There was nothing under 2 the name, Fawcett, for example, HWF, or anything like 3 that. 4 Q Were there any documents that would have 5 pertained to Hawks Nest or Glen Ferris among these 6 documents that are stored there based on your review 7 of this manifest? 8 A There were general categories of what we 9 call plant documents, also of boxes of what we call 10 plant documents, okay? There were also, for example, 11 my database, there are lots and lots of files that 12 relate to Hawks Nest, that relate to Glen Ferris, that 13 relate to the Alloy plant, that type of thing, but 14 nothing that would correlate between those general 15 categories and the documents described in the letter. 16 Q Mr. King, did you or anyone at your 17 direction review the documents which you possess that 18 pertain to Hawks Nest or Glen Ferris to see whether 19 any of the documents that I am seeking were mixed in 20 with them? 21 A Well, as far as the documents that were in 22 storage, no, because we didn't go out to the mine. As 23 far as the documents that are in my database, I looked 24 at the file headings, I looked at -- I mean I know 25 these documents, and I can tell you that there's 20 nothing you are looking for that was in that, that 2 were in those documents, I am sure of that. 3 Q You had described a certain category of 4 documents as being plant documents. Let me ask you 5 about the status of Elkem in regard to the Hawks Nest 6 and the Glen Ferris plant. Does Elkem have any 7 interest in those plants at present? 8 A We own them. 9 Q You still own them today? 10 A Yes. 11 Q Was there any effort made in response to my 12 subpoena to contact those plants to determine whether 13 or not they possess any of these 39 cartons of 14 documents which I am seeking? 15 A No, I thought about that but then I thought 16 "Why bother," because these documents were sent 17 specifically to Harry Fawcett according to the letter, 18 they weren't sent to the plant, so there is no way 19 that I can think of that those documents would have 20 wound up at the plant. 21 Q That involves an assumption on your part 22 that Mr. Fawcett did not send them to the plants that 23 these documents pertain to,- correct? 24 A I guess that's right. Yes. 25 Q When I first spoke with Mrs. Kantor before -------------------------------1 r 21 -- 1 she transferred me to you, she had indicated that she 2 had received a request three or four weeks earlier 3 than the conversation I had with her on December 6, a 4 request for these documents from someone from Texas. 5 And she believed that that person was acting on behalf 6 of Union Carbide. 7 A I don't think it was three to four weeks. 8 Very shortly before I talked with you, I received a 9 phone call from a law firm in Texas that represented 10 themselves as representing Union Carbide, inquiring 11 about the same matter. Unfortunately, I didn't write 12 the fellow's name down. And I don't know who it was 13 that contacted me but he did indicate that there was a " 14 trial that was imminent, and I don't remember the 15 court in Texas, and he asked me about these documents 16 and I said I didn't have a clue as to where they might 17 be, and if they even existed, and that was pretty much 18 it, the conversation. 19 Q Did you summarize your conversation with 20 this person in the form of memo or did you take any 21 notes about it? 22 A No. 23 Q Do you have any information as to the 24 identity of the person that called you? 25 A I don't. I didn't go back and look at my -----------------n----------------------------------------------------------- 22 -- 1 yellow pad or white pad that I had in front of me at 2 the time. There may be a name there that I would 3 recognize but I didn't look for that. 4 Q Did that individual ask you to make any 5 search for these documents? & A No. 7 Q Is there anything else that you can recall 8 about that conversation? 9 A Just what I have told you. 10 Q The conversation that we had on the 6th, 11 which was before you were served with the subpoena in 12 this matter, during that conversation, it appeared to 13 me that I was on speakerphone and that Mrs. Kantor was * 14 in the room with you. Was that the circumstances? 15 A No, you were on the speakerphone but she 16 wasn't there. 17 Q I heard someone talking in the background. 18 Would that have been Mrs. Kantor? 19 A She might have appeared in the doorway and 20 said something or whatever, I don't know. 21 Q I thought that during our conversation the 22 name, DeBor, was raised by you as the name of somebody 23 who may have contacted you about these documents. 24 A Yes. You are right. You are right. And 25 the reason I know that is because that's a name of a -------------------------------|--f---------------------------------------------------------------------------------------------------------- 23 -- 1 person I know here in Pittsburgh, that was 2 coincidental. I believe his name was DeBor. 3 Q Was this a different conversation than the 4 one you described to me? 5 A No, I think he was the --he was probably 6 the fellow that called me representing Union Carbide. 7 Q Do you know whether you received more than 8 one call from either Union Carbide or someone acting 9 on their behalf? 10 A I believe just him. 11 Q So Mr. DeBor was the one that called you, 12 asked you whether you knew where these documents were 13 and Mr. DeBor was the person who did not ask you to ^ 14 search for them? 15 A I believe so, yes. 16 Q Do you know or did he disclose to you, Mr. 17 DeBor, that he was the DeBor that had signed this 18 letter addressed to Mr. Fawcett dated August 17, 1981? 19 A Wait a minute. Now, I am getting a little 20 confused. DeBor is the name of the person on the 21 letter; correct? 22 Q That's true. 23 A Maybe that's where I picked the name up. 24 I am going to rescind my testimony that that was the 25 name of the fellow that called me. I am not sure ......... IT ' ----- -------- 24 -- 1 about that now. 2 Q Did Mr. DeBor indicate to you that he was a 3 potential witness in the Union Carbide trial which 4 just occurred in Texas? 5 MR. HERSHEY: You are now attributing an 6 understanding that he has testified he doesn't 7 have, that is he no longer -8 Q Let me rephrase get. Did Mr. DeBor 9 disclose to you that? 10 A I am going to back up. And now it's coming 11 a little bit back to me. I wasn't paying a whole lot 12 of attention to this at the time that it happened 13 because I was working on a project when these calls 14 came in. I do now believe there were two calls. I 15 think there was a call from possibly a Mr. DeBor who 16 indicated that he was calling on behalf of Union 17 Carbide and inquiring about these documents and then I 18 think there was a second call from a lawyer, because I 19 asked Mr. DeBor could I speak with the counsel and 20 then I the got a phone call from the counsel. That's 21 the way it happened, I recall it now. Okay. 22 Q I didn't mean to interrupt you. 23 A I recall now that there were two calls; one 24 was from a Mr. DeBor, I believe, and the second call 25 was from a lawyer who identified himself as ' > f ................... ........ 25 1 representing Union Carbide in an asbestos litigation 2 in Texas. 3 Q So the first call that you received about 4 these documents was from Mr. DeBor? 5 A That's my recollection. Yes. 6 Q And then you -7 A I know it was a layman; it was not a 8 lawyer. I think his name was DeBor. 9 Q Is it your recollection that following or 10 during the conversation with DeBor, you requested to 11 speak with an attorney? 12 A That's correct. 13 Q Can you tell me -- and then later, did you. * 14 in fact, speak with an attorney representing Union 15 Carbide? 16 A That's correct. 17 Q Can you tell me how much time elapsed 18 between the two conversations? 19 A Not really. I think it was the same day. 20 Probably a couple of hours. 21 Q For purposes of this record, I don't want 22 to confuse the conversations or what statements were 23 made by what party, so I apologize but can we just get 24 your recollection as to exactly what Mr. DeBor said to 25 you and then we can get your recollection of what ------------------------------n---------------------------------------------------------------------------------------------------------- 26 1 transpired during the conversation with counsel? 2 A Well, I have told you just about everything 3 I recall. But I believe Mr. DeBor identified himself 4 said he was representing or he was working on asbestos 5 litigation for Union Carbide, and asked about old 6 records. I didn't have a copy of this letter 7 obviously, in front of me at the time, asked me if we 8 had any old records from Union Carbide relating to 9 Hawks Nest and I said, "None that I am aware of." And 10 then as we talked for a few minutes, I said, "Look, 11 why don't you have your counsel call me and let's find 12 out specifically what you are after. And if we can 13 help you, we will. If we can't, well, we can't." 14 Q And then you were contacted by counsel? 15 A Correct. 16 Q And could you, as best you recall, describe 17 the contents of that conversation? 18 A I believe he asked me the same question, 19 "Do you have any of these records? We are starting an 20 asbestos trial, Union Carbide is a defendant, do you 21 have any knowledge of these kinds of records at all?" 22 I said, "I don't have a clue. I wouldn't even know 23 where to begin looking for them." 24 Q And am I correct, Mr. King, that neither 25 Mr. DeBor nor Union Carbide counsel asked you to 27 1 search for them? 2 A I don't believe so. I don't recall them 3 asking me to conduct any kind of search. 4 Q Did Mr. DeBor disclose to you his potential 5 involvement as a witness in the Texas litigation? 6 A No. 7 Q Do you have any knowledge as to whether 8 there was any federal laws which would have required 9 Union Carbide to transfer these documents to Elkem in 10 association with the purchase of the Hawks Nest and 11 Glen Ferris facilities? 12 A Do I know if there were any federal laws 13 that require that? No, I don't. 14 Q Do you know whether there are any federal 15 laws that would require the retention of these 16 records? 17 A No. 18 Q Can we go off the record, please? 19 (Recess taken.) 20 BY MR. DELUCA: 21 Q Mr. King, I do have some more questions for 22 you. I am just looking for some general information 23 because I am having a hard time within my own mind 24 understanding this Hawks Nest plant and Union Carbide 25 and Elkem's interest in it. When Elkem purchased the rr 28 1 Hawks Nest plant from Union Carbide, do you know 2 whether that was a transaction that was negotiated by 3 Elkem's legal department or whether there was outside 4 counsel involved? 5 A It was outside counsel. 6 Q Do you possess a file on that asset 7 purchase? 8 A Yes. We have -- I am reasonably certain 9 that there are files that were retired that would be 10 out at the mine but we also have a complete set of 11 documents in my office which are bound, all the basic 12 documentation of the transaction was bound. I think 13 there is like nine or ten volumes of that transaction. 14 Q Okay. And would that contain the purchase 15 and sale agreement? 16 A Yes. 17 Q And the deeds, title instruments, things 18 like that? 19 A Yes. 20 Q And I wouldassume thatprior toElkem 21 purchasing that, they conducted some sort of title 22 search to determine the legitimacy of the deed that 23 Union Carbide was prepared to convey? 24 A Correct. 25 Q Would youhaveinformation relating to the 29 -- 1 title search in your possession in those volumes of 2 documents that you maintained? 3 A It would be in there, yes. 4 Q Do you know whether the Hawks Nest tunnel 5 was part of the purchase by Elkem of assets owned by 6 Union Carbide? 7 A Yes. 8 Q Does Elkem currently own the Hawks Nest 9 tunnel? 10 A Yes. 11 Q And that was something that they purchased 12 from Union Carbide? 13 A Yes. 14 Q And you have documents relating to that? 15 A Yes. 16 Q And would there be a title search for that, 17 as well? 18 A I assume so. 19 Q Can you tell me what you know.about the 20 Hawks Nest plant and the construction of Hawks Nest 21 tunnel, just generally? 22 MR. HERSHEY: This goes pretty far beyond 23 the subjects covered in the request for documents 24 and Mr. King's search for the documents requested 25 in the subpoena. He was asked to search and look 30 1 for documents in Exhibit A and he has done that 2 and his familiarity with Elkem's affairs began in 3 1985, so he can answer your questions as fully as 4 he is able but his understanding of the facts 5 regarding Elkem and its properties really begins 6 in 1985. 7 MR. DELUCA: Let me see if I can lay a 8 foundation. I am not trying to expand the scope 9 of this. I think it relates to my ability to try 10 to find documents. 11 Q I don't know if there are any other 12 documents that Elkem may have which would be relevant 13 to my cases, but upon your employment with Elkem ^ 14 Metals, in preparation for undertaking your job, did 15 you have the occasion to review historical information 16 about the Hawks Nest plant and the Hawks Nest tunnel? 17 A Before being employed, no. 18 Q From the time that you have been employed 19 by Elkem, have you undertaken any review of documents 20 which would give you some insight into the 21 construction of the plant or the construction of the 22 tunnel? 23 A I would answer it this way. I have learned 24 about the asset, I would call it, the hydro facility 25 simply by virtue of my work with the Federal Energy ------------------------------n---------------------------------------------------------------------------------------------------------- 31 1 Regulatory Commission, for example, FERC, that plant 2 and that facility are licensed by FERC, so there is a 3 great deal of information that you have to review and 4 provide when you are relicensing, we relicensed that 5 facility in 1987, so, I know a fair amount about it. 6 Q Let me see if I understand, and if I am 7 incorrect in any regard, please let me know that. 8 I am sure you would. 9 A Okay. 10 Q This plant, Hawks Nest plant, was regulated 11 by the FERC? 12 A Correct. 13 Q And when Elkem purchased this plant from 14 Union Carbide, the transaction had -- the transaction 15 was also regulated by FERC? 16 A Well, it was regulated in the sense that 17 it's a licensed facility, it was a licensed facility 18 by FERC in 1981 and that license had to be transferred 19 from Union Carbide to Elkem. And that was done. And 20 then -- but the licence ran out in 1987, and it was 21 relicensed in 1987 for 30years. 22 Q By Elkem? 23 A By Elkem. 24 Q I apologize for asking this but licensed 25 for what, sir? 32 1 A Well, any hydroelectric facility in the 2 United States that's on a navigable body of water has 3 to be licensed by the Federal Energy Regulatory 4 Commission and it's a very cumbersome process, it's a 5 very time consuming process and it involves a whole 6 lot of input from various federal agencies and it goes 7 onto a docket for comment by the public, for comment 8 by interested parties, for protests, for example, by 9 interested parties, and FERC is required to conduct. 10 do an investigation of the need for the project, the 11 continuing need for the project, and to field input 12 by, for example, the Fish and Natural Wildlife Agency, 13 and all other interested parties, and conduct, really, ^ 14 a very, very sophisticated investigation as to the 15 need for the project. 16 If they are satisfied that the project 17 represents the best and highest use for the navigable 18 water, in this case the New River in West Virginia, 19 then they will grant the licence for a hydro project. 20 If they are not convinced, they will turn it down. .-as 21 Q If I wanted to learn more about the 22 obligations of the license holder, there would be a 23 statute on point that would address that? 24 A Yes. There would be. There is a large 25 body of statutory law and regulations, primarily -----------------------------n---------------------------------------------------------------------------------------------------------- 33 ^ 1 regulations that govern how you license a 2 hydroelectric project. The licence, itself, that's 3 granted by FERC is usually the document that contains 4 all the restrictions on the use of the project. 5 Q Okay. And once a license has been granted, 6 it's generally valid for 30 years? 7 A It depends. Ours went for 30 years. I 8 think the norm right now for FERC is 30 years. 9 Q Are there ongoing inspections or 10 responsibilities under that statute? 11 A Under the licence, itself? 12 Q Under the licence. 13 A Yes. 14 Q May I ask, sir, whether Elkem Metals 15 currently does business with Union Carbide in any way? 16 A That's a good question. It's not Union 17 Carbide anymore it1s now Dow Chemical. Union Carbide 18 was merged with Dow Chemical. 19 Q Yes, sir. 20 A But, I am sure we do. We have done 21 business with Union Carbide over the years buying and 22 selling different materials. I am currently in a 23 project with Union Carbide, a legal project, involving 24 the former Portland, Oregon facility where we share 25 responsibility on an environmental issue. Yes. I -----------------------------p-r---------------------------------------------------------------------------------------------------------- 34 1 would have to safely say we do business with them. 2 Q I apologize if I covered any part of this 3 question earlier but you had referenced that you 4 possess files pertaining to Hawks Nest, your own 5 personal files? 6 A Correct. 7 Q What types of documents would be contained 8 within your Hawks Nest file? 9 A Mostly the licensing files with FERC, and 10 the ongoing responsibility or compliance with that 11 license would be in those files. We have had a couple 12 of incidents involving the project. There was a 13 drowning a couple years ago that resulted in a 14 lawsuit. There would be files relating to updating 15 the facility, itself, by you know, spending projects 16 to refurbish turbines and that type of thing, just a 17 whole host of different typical business projects that 18 surround a project like that. 19 Q How long has Elkem been in business, sir? 20 MR. HERSHEY: Which Elkem? 21 Q Well, that's a bad question. 22 A In the U.S. Elkem was in business in a 23 small way prior to 1981. The main business started 24 with the purchase of the metals division from Union 25 Carbide in 1981. 35 1 Q And this is a Norwegian entity, the parent 2 company? 3 A Yes. 4 G The parent company is from Norway? 5 A Correct. 6 Q And they have been in business for a long 7 time? 8 A I think they go back to the early 1900's. 9 MS. ROMANO: I didn't hear that. 10 A I think they go back to the early 1900's. 11 Q Would you happen to know whether Elkem has 12 a company historian or anything like that? 13 A I don't know the answer. But I am certain 14 that there is a lot of history of the company that's 15 recorded. 16 Q Where would it be recorded? 17 A In Norway. 18 Q In Norway. Do you know whether Elkem has 19 put out a brochure, commemorating an anniversary or 20 something like that that would show its corporate 21 history? 22 A I don't know. 23 Q Do you know whether Elkem ever published 24 any materials such as a brochure or anything else, for 25 that matter, specifically with regard to its purchase 36 -- 1 of Hawks Nest from Union Carbide? 2 A I doubt that there is anything specifically 3 related to Hawks Nest. I am not aware of any. 4 Q Finally, sir, I would like to just look at 5 some of the different categories of documents which 6 are described in the attachment to Mr. DeBor's letter 7 of August 17, 1981 which is part of the subpoena which 8 is Deposition Exhibit 1. There are some -- and you 9 have had a chance to review this, so, I think we can 10 go through this quickly. 11 There are some references to licenses. 12 there are some references to land and water rights, 13 there are some references to -- I believe there were ^ 14 some references to deeds. Would those typically be, 15 documents, licenses, deeds, would those be the types 16 of documents that you would retain based upon your 17 records retention policy? 18 MR. HERSHEY: Can you point to any specific 19 item on the list that you are referring to? 20 Q Well, sure. For instance, these documents 21 itemize the 39 cartons referenced in Mr. DeBor's 22 letter and then the last few pages appear to be a more 23 in depth description of documents that were contained 24 in carton 30 and 31. Just looking at the box No. 1, 25 carton No. 1, it says, "Project 2512, West Virginia, --------------------------------r---------------------------------------------------------------------------------------------------------- 37 1 Hawks Nest, two folders." Then it says in parens, 2 "(Federal Power Commission License.)" Would a Federal 3 Power Commission license be the sort of document that 4 Elkem would retain? 5 A Yes. 6 Q And there wouldn't be any set time for the 7 disposal of those types of documents like licenses? 8 A I doubt it. 9 Q And then carton 2 says, "Application, 10 licenses, & workpapers" and it gives a range from 1940 11 to 1952. Again, based on your understanding, those 12 were the types of documents that Elkem would want to 13 retain? 14 A Probably, yes. 15 Q And that's your understanding as general 16 counsel? 17 MR. HERSHEY: Your question refers to the 18 licences as opposed to the workpapers and so 19 forth? 20 MR. DELUCA: That1s true. 21 A Probably, yes. Yes. But let me state 22 this, if I can. I would guess, that at least the 23 documents that are described in paragraph No. 1 there 24 are probably in the binders that I am talking about 25 that are in my office. 38 X Q Old licenses and things like that? 2 A Uh-huh. 3 Q That would show the history of - 4 A Well, simply because that license was in 5 existence when the transfer took place in 1981, so 6 obviously, it would be part of the turned over or 7 turned over papers to us. 8 Q And sir, as far as documents like in carton 9 14, blueprints, and I understand that that is somewhat 10 vague but also references to land and water rights and 11 engineering specifications, those would also be 12 documents that would be useful for Elkem to retain 13 being that they purchased this power plant? 14 MR. HERSHEY: Are you asking whether they 15 were retained or whether in the abstract it would 16 be advisable to retain them. 17 MR. DELUCA: I think my question is in the 18 abstract whether it would be advisable. 19 A Well, to the extent that these general 20 descriptions would relate to dimensions of a project, 21 for example, the size of the tunnel, the depth of 22 concrete in the dam, that type of thing, certainly 23 they are the kinds of records that Elkem would need to 24 have in order to know what it had received and whether 25 there were any problems with what it had received in rr 39 the way of assets. Whether those documents exist 2 separately from this list here, I would expect that 3 information of that type does exist separately from 4 the 39 cartons that are described in this letter. 5 Q Would I be correct, sir, that to the extent 6 there were any laws or regulations which would require 7 Elkem to maintain such documents, that Elkem would in 8 fact, comply with those laws? 9 A Sure. 10 Q Sure. Okay. And finally, sir, may I 11 request from you that you just make a call or check at 12 the plant level at Hawks Nest or the Glen Ferris plant 13 for these documents, as you told me earlier that's 14 something that you didn't do. 15 MR. HERSHEY: And you are talking 16 specifically about the 39 cartons? That's what 17 we were asked to do. 18 MR. DELUCA: Yes, sir, the 39 cartons 19 and/or the contents thereof. 20 MR. HERSHEY: Yes, well, the question is 21 whether Mr. Fawcett might have sent any of the 22 cartons to the plant, as opposed to disposing of 23 them either in his office or later having them 24 disposed of in the mine. We are looking for the 25 39 cartons. -----------------1 r 1 ...-- -- 40 1 MR. DELUCA: Are you representing your 2 search is ongoing? 3 MR. HERSHEY: No, we have made a search and 4 the only area of search that you have suggested 5 that Mr. King might pursue further is to check 6 with the plants, right? 7 MR. DELUCA: Yes, sir. And also to the 8 extent that any of the documents here may have 9 wound up in those binders, I would request those 10 also. 11 MR. HERSHEY: You want the binders? Well, 12 the binders weren't in the cartons. 13 A The binders that I referred to, they are 14 bound volumes of all the documents that represented 15 the transaction between Elkem and Union Carbide that 16 took place in 1981. 17 MR. HERSHEY: They don't fall within your 18 subpoena. 19 MR. DELUCA: The reason I said that is that 20 he earlier said as to one particular category of 21 documents that "that's something that might be in 22 my binders. '' 23 MR. HERSHEY: That kind of a copy of that 24 document might be in the binders but the binders 25 were not in the 39 cartons which were the FT 41 1 documents that are the subject of your subpoena. 2 You want the 39 cartons. 3 MR. DELUCA: We can talk about the binders 4 at a later date. I understand that he is here 5 only in response to the subpoena. 6 MR. HERSHEY: I want to make it clear that 7 Mr. King has complied with the subpoena. 8 MR. DELUCA: I don't suggest that he 9 didn't. I am only requesting that as a final 10 step in searching for these documents that he 11 contact the plant level because he indicated he 12 didn't do that. 13 THE WITNESS: Right. I can do that 14 MR. DELUCA: And you will agree to that? 15 MR. HERSHEY: Yes. I just want to make it 16 clear as to what he is supposed to ask when he 17 contacts the plant. And the question he will 18 ask, in order to comply with the subpoena, is 19 whether to the knowledge of anybody at the plant, 20 any of the 39 cartons wound up at the plant and 21 if so, the documents in those cartons will be 22 produced. 23 MR. DELUCA: You know, I think that's fair 24 but I don't want to get bogged down in a matter 25 where due to semantics something isn't done that 42 -- 1 I would have expected to be done. So I am simply2 asking that a search be made by Elkem to 3 determine whether any of the these 39 cartons or 4 the documents thereof might be located at the 5 plant level. Is that fair? 6 MR. HERSHEY: Yes. 7 MR. DELUCA: Off the record. 8 (Discussion off the record.) 9 BY MR. DELUCA: 10 Q Just a few more questions. Mr. King. As 11 general counsel to Elkem Metal, I am sure that one of 12 your responsibilities is to ensure that Elkem complies 13 with any federal or state laws that affect their ^ 14 business? 15 A Hopefully. 16 Q Hopefully. Certainly that would be your 17 goal. And I would just like to turn you to the last 18 several pages of this -- actually, it's the last three 19 pages which purports to be an itemized listing by 20 carton of documents shipped to Elkem by Union Carbide 21 pertaining to Hawks Nest and Glen Ferris and that 22 would be the itemization of carton 30 and 31, the last 23 two pages. And -24 A Okay. 25 Q And my question to you would be, as general 11 1 V f 11 , --. ` 43 1 counsel of Elkem Metal, are you aware of any federal 2 or state laws that would require you to keep these 3 specific documents, and I want to go through them 4 category by category, very briefly. 5 A Okay. 6 Q And if there wasn't a federal requirement, 7 then whether you would expect to have those in your 8 files or not. The first one is 3.61, "Incorporation 9 Committee on New Kanawha Power Company. Affair 10 Dissolution - Reorganization of Power Department." 11 Are you aware of any federal or state law which would 12 require Elkem to main those documents? 13 A No, I am not. 14 Q In the absence of such a law, those would 15 be documents that you wouldn't necessarily keep? 16 A No. I don't know what the New Kanawha 17 Power Company was, to be honest with you. 18 Q 3.612, "Financial estimates - 1927 through 19 1937. Yearly and monthly research projects. Retarded 20 construction program. Construction budgets." Am I 21 correct, sir, that you are not aware of any federal or 22 state legal requirement to keep those types of 23 records? 24 A No, I am not. 25 Q And accordingly, you wouldn't necessarily ----------------- 1 f----------------------------------------------------------------------------------------------- 44 1 expect to have those in your files? 2 A That's right. 3 Q 3.6120, "Invoices and Requisitions," to the 4 extent that that identifies anything, you would be 5 unaware of federal or state law on point that would 6 require you to keep those? 7 A That's correct. 8 Q And again, it would appear looking at the 9 top of this page that anything in the 3.6 range would 10 pertain to the New Kanawha Power Company now Electro 11 Metallurgical Company? 12 A That's correct. 13 Q As to 3.6121, "Payroll - Expense Accounts 14 Employment Personnel, 3.61210, Work Orders," again, 15 you would be aware of no federal or state law which 16 would require you to maintain those documents? 17 A No. 18 Q 3.62, "Applicationsfor Positions. 19 Positions in other Companies, 3.63, Weekly Reports 20 Construction, etc. See Book, 3.64, Plant Balance 21 Sheet and Summary of Charges to Operation, 22 Miscellaneous Financial. Cost of West Virginia 23 plant. Accounting instructions. Property 24 accounting." Again, sir, you would be unaware of any 25 federal or state law which would require you to 45 - 1 maintain those documents? 2 A I don't know of any such law, no 3 Q In the absence of any such law, you would 4 not expect to find these in your files? 5 A That1s correct. 6 Q 3.69, "General - Medical Services 7 Sanitation. For housing see 3.90," 3.690, "Insurance 8 - Surety Bonds, etc." Sir, are you aware of any 9 federal or state law which would require you to 10 maintain these documents? 11 A No. 12 Q 3.691, "Rates - Public Service Commission 13 Typical Rates in West Virginia - Sales of Power - Sale 14 of Boomer Electric to Appalachian E.P. Company. (See 15 also 3.702, 1930-34." Again, sir, you would be 16 unaware of any federal or state law which would 17 require you to maintain these documents? 18 A I don't know of any. 19 MR. HERSHEY: Can I ask whether in this 20 matter, it's the position of the plaintiff or any 21 party that Elkem had an obligation to retain any 22 category of document here? And then we can focus 23 on that and see whether those documents have been 24 retained. 25 MR. DELUCA: I can't address that question 11 > r "" 1 ..... 46 1 at this time, Mr. Hershey, but just to let you 2 know, I am just going to go through the rest of 3 these documents and as we get a little bit 4 further on here, that's where my major interest 5 lies, and then I will be finished. I am not 6 suggesting anything at this point. I am just 7 trying to - 8 MR. HERSHEY: So it's not your position 9 that there is a federal law that requires the 10 retention of these documents? 11 MR. DELUCA: I don't have a position on 12 that matter. I don't have a statute to hand you 13 right now, either. 14 MR. HERSHEY: Well, your questions have 15 that premise and - 16 MR. DELUCA: I would tell you that, and I 17 don't have the pages to give you for now, but 18 it's my understanding that it was suggested by 19 Union Carbide that such a statute existed. And 20 that's all I can say at this time on the matter. 21 I am not suggesting that that's true or false at 22 this point. I am just trying to discover what 23 the facts may or may not be. 24 BY MR. DELUCA: 25 Q Picking right up where we left off. 47 1 3.692, "SILICOSIS," 3.6921, "Industrial Hygiene in 2 Tunnel Work. Mortality statistics 1936 study." Mr. 3 King, as general counsel to Elkem Metals, are you 4 aware of any federal or state laws or regulations 5 which would require Elkem to maintain those documents? 6 A No, I am not. 7 Q 3.69211, "Tunnel Ventilation - Carbon 8 Monoxide - Landis," 3.69212, "Rinehartand Dennis 9 Fatal Accidents," 3.69213, "Non-Fatal Accidents 10 McClintic Marshall." Mr. King, as general counsel of 11 Elkem Metals, are you aware of any federal or state 12 laws or regulations which would require the 13 maintenance of those documents? 14 A No, I am not. 15 Q 3.69214, "Insurance - Compensation," 16 3.69218, "Silicosis Literature - Discussions 17 Addresses - Committee Societies," 3.6922, "Suits." 18 Mr. King, as general counsel to Elkem Metals, are you 19 aware of any federal or state laws or regulations 20 which would require the retention or maintenance of 21 those types of documents? 22 A No, I am not. 23 Q 3.6922), "Summons - Silicosis Suits," 24 3.69221, "Attachments, Silicosis Suits," 3.69222, 25 Trials, Silicosis Suits - Testimony- Briefs - 48 1 Experts." Mr. King, as general counsel of Elkem 2 Metals, are you aware of any federal or state laws or 3 regulations which would require the retention of 4 maintenance of those types of documents? 5 A No, I am not. 6 Q 3.62222, "Lilly &Lilly," 3.692227, 7 "Records of Plaintiff's, Silicosis Suits. Work 8 Records," 3.692228, "Mr. Davis' notes on Silicosis 9 Suits." Mr. King, as general counsel of Elkem Metals, 10 are you aware of any federal or state laws or 11 regulations that would require the maintenance or 12 retention of these documents? 13 A No, I am not. 14 Q We are almostdone, sir. 3.692229, 15 "General Material Under Trial of Silicosis Suits. 16 List of Suits," 3.6928, "Insurance in Connection with 17 Silicosis Suits. Accounting," 3.69281, "Fees, Expert 18 Testimony, Silicosis Suits." Mr. King, as general 19 counsel to Elkem Metals, are you aware of any federal 20 or state laws or regulations which would require the 21 retention or maintenance of these types of documents? 22 A No, I am not. 23 Q 3.6929, "General - Rocks Samples," 3.69291, 24 "Newspaper Clippings, Silicosis Suits. 1936 magazine 25 and Newspaper Publicity." Sir, as general counsel to rr 49 1 Elkem Metals, are you aware of any federal or state 2 laws or regulations that would require the maintenance 3 or retention of these types of documents? 4 A No, I am not. 5 Q Sir, those are all the questions I have for 6 you. Thank you. 7 MS. ROMANO: To the extent that any 8 documents are produced by Elkem entities or any 9 other source we assert an attorney-client 10 privilege on behalf of Union Carbide as 11 applicable to the documents. 12 MR. DELUCA: I will respond to that 13 objection or claim of privilege at the time any 14 such documents are produced. And I would just 15 simply state that if these documents were truly 16 privileged you wouldn't have been giving them to 17 other folks. 18 MS. ROMANO: And secondly -19 MR. DELUCA: Excuse me, and that the 20 production of these documents to other parties is 21 a waiver of any privilege that attaches to them 22 or had attached to them. 23 MS. ROMANO: I also am assuming that the 24 standard reservation of objections as to form are 25 declared -- any objections other than as to form 50 1 are reserved for time of trial? 2 MR. DELUCA: That's an assumption that you 3 made at your peril at the outset. 4 MS. ROMANO: At this time I would object to 5 any line of questioning that had to do with 6 obtaining hearsay <evidence, inadmissible hearsay 7 evidence. 8 MR. DELUCA: Anyone else? Mr. King, Mr. 9 Hershey, thank you for coming here today. 10 MR. HERSHEY: We'll waive signature. 11 MS. ROMANO: I would also cite the Rules of 12 Civil Procedure on format for depositions with 13 regard to objections. 14 MR. DELUCA: Which rule of civil 15 procedure? 16 MS. ROMANO: I don't have that with me 17 right now. I will provide it. 18 (Thereupon, ,at 11:17 o'clock a.m., the 19 deposition was concluded and signature was 20 waived.) 21 22 23 24 25 rr CERTIFICATE COMMONWEALTH OF PENNSYLVANIA, ) ) COUNTY OF ALLEGHENY. ) SS: I, Colleen O'Brien Adams, do hereby certify that before me, a Notary Public in and for the Commonwealth aforesaid, personally appeared FRANCIS A.KING, who then was by me first duly cautioned and sworn to testify the truth, the whole truth, and nothing but the truth in the taking of his oral deposition in the cause aforesaid; that the testimony then given by him as above set forth was by me reduced to stenotypy in the presence of said witness, and afterwards transcribed by means of computer-aided transcription. I do further certify that this deposition was taken at the time and place in the foregoing caption specified, and was completed without adjournment. I do further certify that I am not a relative, counsel or attorney of either party, or otherwise interested in the event of this action. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal of office at Pittsburgh, Pennsylvania, on this / 7 . day of /JfpQ^, 2001. 0 Colleen O'Brien Adams, Notary Public In and for the Commonwealth of Pennsylvania My commission expires November 19, 2003. Page Lins LAWYER'S N07E5 j i 1 i Estate of Uoyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Francis A. King December 14, 2001 i 1 4:3,6; 10:23; 36:8,24, 25; 37:23 11:1750:18 14 38:9 17 8:4,15; 11:9, 24; 13:23; 23:18; 36:7 1800's 35:8,10 1927 43:18 1830-3445:15 1836 47:2; 48:24 1837 43:19 1840 37:10 1852 37:11 1881 6:4,5,24; 8:4; 11:9; 13:23; 18:25; 23:18; 31:18; 34:23,25; 36:7; 38:5; 40:16 18846:21 1885 5:18; 10:17, 20; 30:3,6 198731:5,20,21 1886 15:13 2 3.69281 48:17 3.6929 48:23 3.69291 48:23 3.702 45:15 3.80 45:7 30 6:5; 31:21; 33:6,7,8; 36:24; 42:22 31 36:24; 42:22 39 8:19; 20:13; 36:21; 39:4,16,18,25; 40:25; 41:2,20; 42:3 6 6 4:23; 21:3 6th 22:10 7 7 4:1; 5:24; 15:13 8 80s 6:3 86 15:21 214:18,19; 37:9 2001 4:2 2512 36:25 3 3.6 44:9 3.61 43:8 3.612 43:18 3.6120 44:3 3.6121 44:13 3.61210 44:14 3.62 44:18 3.62222 48:6 3.63 44:19 3.6444:20 3.68 45:6 3.690 45:7 3.681 45:12 3.602 47:1 3.6821 47:1 3.68211 47:7 3.68212 47:8 3.68213 47:9 3.6921447:15 3.68218 47:16 3.6922 47:17,23 3.68221 47:24 3.69222 47:24 3.692227 48:6 3.692228 48:8 3.682228 48:14 3.6928 48:16 9 96 15:24,25; 16:3 9715:24,25; 16:3 A a.m 50:18 a/s 12:5 Aaron 3:9 ability 30:9 able 13:25; 30:4 absence 43:14; 45:3 abstract 38:15,18 Accidents 47:9,9 according 20:17 accordingly 43:25 Accounting 44:23,24; 48:17 accounts 9:18; 18:2; 44:13 acting 21:5; 23:8 actual 6:5 actually 6:21; 10:15; 42:18 address 10:10; 32:23; 45:25 addressed 8:15; 11:11; 15:4; 23:18 Addresses 47:17 advisable 38:16,18 Affair 43:9 affairs 30:2 affect 42:13 MG&H, Inc. (412) 281-0189 Again 37:11; 44:8,14, 24; 45:15 against 3:10; 4:13 agencies 32:6 Agency 32:12 ago 34:13 agree 4:21; 41:14 agreed 6:19 agreement 6:6; 28:15 Alabama 6:12,17,18 Alcoa 10:19 Alloy 6:11; 7:2,24; 19:13 almost 48:14 along 4:2; 12:23 among 19:5 amount 31:5 and/or 39:19 anniversary 35:19 answered 5:2 anymore 33:17 apart 13:9 apologize 25:23; 31:24; 34:2 Appalachian 45:14 appear 36:22; 44:8 appeared 22:12,19 applicable 9:11,22; 49:11 Application 37:9 Applications 44:18 appreciate 3:11 area 14:3; 40:4 arrangement 11:25 asbestos 3:11; 25:1; 26:4,20 Ashtabula 6:11 assert 49:9 asset 6:8; 28:6; 30:24 assets 6:9,9; 7:3; 29:5; 39:1 assistant 9:7; 15:6 associated 7:24; 13:20 association 27:10 assume 28:20; 29:18 assuming 49:23 assumption 20:21; 50:2 attached 5:23; 49:22 attaches 49:21 attachment 36:6 Attachments 47:24 attempt 3:23; 8:9 attention 24:12 attorney 5:3; 25:11,14 attorney-client 49:9 attributing 24:5 August 8:4,15; 11:9,24; 13:23; 23:18; 36:7 aware 26:9; 36:3; 43:1, 11,21; 44:15; 45:8; 47:4, 11,19; 48:2,10,19; 49:1 Min-U-Script B back 7:15; 14:11;21:25; 24:10,11; 35:8,10 background 22:17 bad 34:21 Balance 44:20 based 19:6;36:l6;37:ll basic 17:24; 28:11 basically 16:25 became 12:20 began 30:2 begin 26:23 begins 30:5 behalf 4:12; 8:11;21:5; 23:9; 24:16; 49:10 benefit 17:17 best 26:16; 32:17 better 17:10 beyond 29:22 binders 37:24; 40:9,11, 12,13,22,24,24; 41:3 Birmingham 6:13,17 bit 24:11; 46:3 blueprints 38:9 body 32:2,25 bogged 41:24 Bonds 45:8 Book 44:20 books 13:17 Boomer 45:14 both 9:15; 11:7 bother 20:16 bound 28:11,12; 40:14 box 17:18,23; 36:24 boxes 9:3; 17:7,13; 18:11,16; 19:9 briefly 8:17;43:4 Briefs 47:25 bring 18:4 broad 9:17 brochure 35:19,24 budgets 43:20 Building 10:23 business 6:2;11:1; 12:16,18,21; 33:15,21; 34:1,17,19,22,23; 35:6; 42:14 Butler 9:14; 16:19 buying 33:21 c call 4:25; 5:7; 19:9,9; 21:9; 23:8; 24:15,18,20, 24; 25:3; 26:11; 30:24; 39:11 called 3:2; 8:16; 10:22; 11:5; 12:4; 21:24; 23:6,11, 25 calling 24:16 calls 24:13,14,23 came 15:10; 24:14 Can 6:1,22; 11:21; 12:2, 13,19; 15:10,20; 16:2; 17:6,20; 19:25; 20:19; 22:7; 25:13,17,23,25; 26:12; 27:18; 29:19; 30:3, 7; 36:9,18; 37:22; 41:3, 13:45:19,22; 46:20 Canada 6:20 capacity 14:8 Carbide 3:11;4:14; 6:3, 8,24; 7:22; 21:6,10; 23:6, 8; 24:3,17; 25:1,15; 26:5, 8,20,25; 27:9,24; 28:1, 23; 29:6,12; 31:14,19; 33:15,17,17,21,23; 34:25; 36:1; 40:15; 42:20; 46:19;49:10 Carbon 47:7 card 11:1,4 cards 11:6 carton 36:24,25; 37:9; 38:8; 42:20,22 cartoned 16:18 cartons 8:20; 20:13; 36:21; 39:4,16,18,22,25; 40:12,25:41:2,20,21; 42:3 case 32:18 cases 3:11; 4:13; 30:13 categories 9:17; 14:23; 19:8,15:36:5 categorized 17:25 categorizes 9:15 category 9:1,5,10,17; 15:1; 17:12; 20:3; 40:20; 43:4,4; 45:22 ceased 12:15,17,21 certain 6:13; 16:16,21; 20:3; 28:8; 35:13 certainly 38:22; 42:16 certified 3:3 chance 4:8; 5:22; 18:4; 36:9 changed 12:16,17 Charges 44:21 check 9:8,12;39:11;40:5 checked 14:13; 15:6; 16:12 Chem 11:5; 12:5 Chemical 33:17,18 Chemicals 10:22 circumstances 22:14 cite 10:9; 50:11 Civil 50:12,14 claim 49:13 claims 3:10 clarification 4:11 clear 16:15; 41:6,16 Cliff 10:23 Clippings 48:24 closing 6:5;11:24 Clue 21:16; 26:22_______ (1) 1 - due r-r Francis A. King December 14, 2001 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL coinc(denial 23:2 coming 3:12; 24:10; 50:9 commemorating 35:19 comment 32:7,7 Commission 31:1; 32:4; 37:2,3; 45:12 Committee 43:9; 47:17 companies 11:17,17; 12:23; 44:19 Company3:17; 10:21, 25; 11:3,14; 12:2,9,24; 13:3; 35:2,4,12,14; 43:9, 17; 44:10,11; 45:14 Compensation 47:15 complete 28:10 completed 6:4 compliance 34:10 complied 41:7 complies 42:12 comply 39:8; 41:18 concluded 50:19 concrete 38:22 conduct 27:3; 32:9,13 conducted 28:21 confidential 11:19 confuse 25:22 confused 23:20 connected 5:4,5 Connection 48:16 consisted 6:10,15 construction 29:20; 30:21,21; 43:20,20; 44:20 consultant 10:21; 14:9 consumfng32:5 contact 4:22; 8:14; 13:12, 20; 20:12; 41:11 contacted 4:23; 21:13; 22:23; 26:14 contacts 41:17 contain 28:14 contained 34:7; 36:23 contains 33:3 contents 17:23; 26:17; 39:19 continuing 32:11 conversation 21:3,18, 19; 22:8,10,12,21; 23:3; 25:10; 26:1,17 conversations 25:18,22 convey 28:23 convinced 32:20 cooperation 4:18 copy 14:15; 18:4; 26:6; 40:23 corporate 13:16,17; 35:20 Corporation 3:11; 6:8; 12:4,7 corporations 12:8 correlate 19:14 correspondence 13:18 Cost 44:22 counsel 3:16; 5:20; 13:6, 8; 24:19,20; 26:1,11,14, 25; 28:4, 5; 37:16; 42:11; 43:1;47:3,10,18; 48:1,9, 19,25 couple 25:20; 34:11,13 court 21:15 covered 15:7; 29:23; 34:2 created 17:16 cumbersome 32:4 currently 29:8; 33:15,22 D dam 38:22 database 9:8,9; 15:6,10, 23; 16:4,9; 19:11,23 date 6:5,20; 41:4 dated 4:1; 8:4; 11:9,24; 23:18 Davis 48:8 day 25:19 days 17:11 dead 8:23 deal 31:3 DeBor8:5; 22:22; 23:2, 11,13,17,17,20; 24:2,8, 15,19,24; 25:4,8,10,24; 26:3,25; 27:4 DeBor's 36:6,21 December 4:1,23; 5:24; 21:3 declared 49:25 deed 28:22 deeds 28:17; 36:14,15 defendant 26:20 definitive 17:11 delivers 9:16 DELUCA 3:6,9; 4:15,21; 7:13,15,17; 27:20; 30:7; 37:20; 38:17; 39:18; 40:1, 7,19; 41:3,8,14,23; 42:7, 9; 45:25; 46:11,16,24; 49:12,19; 50:2,8,14 Dennis 47:8 department 4:23; 5:10, 14; 9:8; 15:7; 16:5,8; 28:3; 43:10 departmental 9:9; 15:7 depends 33:7 deposed 3:4 deposition 3:20; 4:2,3, 6; 14:18,19; 36:8; 50:19 depositions 50:12 depth 36:23; 38:21 describe 5:15; 8:10,17; 26:16 described 19:15;20:3; 23:4; 36:6; 37:23; 39:4 describing 17:23 description 18:16; 36:23 descriptions 38:20 destroyed 14:25; 16:24 destruction 16:24 39:23; 46:13 44:4; 49:7 determine 8:6,9,12; elapsed 25:17 13:21; 20:12; 28:22; 42:3 differ 11:8 Electric 45:14 Electro 44:10 F different 11:14; 23'3; 33:22; 34:17; 36:5 dimensions 38:20 direction 18:23; 19:17 disclose 23:16; 24:9; 27:4 discover 46:22 Discussion 7:14; 42:8 Discussions 47:16 Elkem 3:17; 4.24; 5:11, 16; 6:2,6,19,23;7:21; 8:6,11; 10:14,16,17,22, 22; 11:2, 5,11,14,20,21, 22,25; 12:1,5,6,9,11,13, 15,20,22,24; 13:10,12, 21; 14:8; 15:15; 17:7; 20:5, 6; 27:9,25; 28:20; 29:5,8; 30:5,12,13,19; 31:13,19, 22,23; 33:14; 34:19,20, facilities 6:16; 7:1;27:11 facility 7:24; 17:1,17; 18:11,20,21; 30:24;31:2, 5,17,17; 32:1; 33:24; 34:15 fact 8:22; 25:14; 39:8 facts 30:4; 46:23 Fair 3:23,25; 31:5; 41:23; 42:5 disposal 37:7 disposed 39:24 disposing 39:22 Dissolution 43:10 division 6:7; 7:22; 34:24 22; 35:11,18,23; 37:4,12; 38:12,23; 19,22,23; 33:14; 34:19,20,22; 35:11,39:7,7; 40:15;42:2, 11,12,20; 43:1,12; 45:21; 47:3,5,11,18; 48:1,9,19; fairly 10:18 fell 40:17 Falls 6:16 false 46:21 familiar 3:20 docket 32:7 49:1,8 familiarity 30:2 document 33:3; 37:3; 40:24; 45:22 Elkem's 27:25; 28:3; 30:2 far 5:16; 13:17; 19:21,23; else 22:7; 35:24; 50:8 29:22; 38:8 documentation 28:12 employed 10:17; 11:2; Fatal 47:9 documents 5:23; 8:2,7, 12,20; 9:2,6,13,14,19; 10:3,5; 13:17; 14:23,24; 15:1,3; 16:3,12,16; 17:9, 12; 18:12,19,25; 19:4,6, 9,10,15,17,19,21,23, 25; 20:2,4,4,14,16,19, 23; 21:4,15; 22:5,23; 23:12; 24:17; 25:4; 27:9; 28:11; 29:2,14,23,24; 30:1,10,12,19; 34:7; 36:5,15,16,20,23; 37:7, 12, 23; 23,24; 30:1,10, 12,19; 34:7; 36:5,38:8, 12; 39:1,7,13; 40:8,14, 21; 41:1,10,21; 42:4,20; 43:3,12,15; 44:16; 45:1, 10,17, 23; 46:3,10; 47:5, 13,21; 48:4,12,21; 49:3, 8,11,14,15,20 done 8:8; 15:17; 30:1; 31:19; 33:20; 41:25; 42:1; 48:14 doorway 22:19 doubt 36:2; 37:8 Dow 33:17,18 down 21:12; 32:20; 41:24 drowning 34:13 due 16:17; 41:25 duly 3:3 during 22:12,21; 25:10; 26:1 E 13:3; 30:17,18 employment 5:15; 30:13; 44:14 enclosures 8:4 end 8:23 Energy 30:25; 32:3 engineering 38:11 enough 3:24,25 ensure 42:12 entered 6:23 entities 6:2; 11:7; 49:8 entity 11:8; 12:10,19; 13:l;35:l enumerated 8:3 environmental 33:25 estimates 43:18 etc 44:20; 45:8 even 8:22; 21:17; 26:22 evidence 50:6,7 exactly 25:24 EXAMINATION 3:5 example 9:18,19; 17:20; 19:2,10; 31:1; 32:8,12; 38:21 Excuse 49:19 ' executive 10:19 Exhibit 4:3,6; 14:18,19; 30:1; 36:8 exist 8:9; 39:1,3 existed 21:17; 46:19 existence 8:12; 12:10; 15:11,23; 16:4; 38:5 Fawcett 8:5,16; 10:1,9, 13,16,18; 11:11; 14:2; 15:4; 18:20; 19:2; 20:17, 22; 23:18; 39:21 February 5:18 federal 27:8, 32, 34, 30:25; 32:3,6; 37:2,2; 42:13; 43:1,6,11,21; 44:5,15,25; 45:9,16; 46:9; 47:4,11,19; 48:2, 10,19; 49:1 Fees 48:17 i fellow 23:6,25 fellow's 21:12 FERC31:1,2,11,15,18; 32:9; 33:3,8; 34:9 Ferris 6:23,25; 7:11,20; 19:5,12,18; 20:6; 27:11; 39:12; 42:21 few 10:24; 26:10; 36:22; 42:10 field 32:11 file 19:24; 28:6; 34:8 fifes 16:6,7; 19:11; 28:9; 34:4,5,9,11,14; 43:8; 44:1; 45:4 final 41:9 finally 16:11;36:4; 39:10 Financial 43:18; 44:22 find 9:3,10,21; 26:11; 30:10; 45:4 finished 46:5 firm 21:9 E.P 45:14 earlier 21:2; 34:3; 39:13; 40:20 expand 30:8 expect 39:2; 43:7; 44:1; 45:4 expected 42:1 first 3:3; 20:25; 25:3; 43:8 Fish 32:12 fit 9:3 fits 6:23 early 6:3; 35:8,10 Expense 44:13 FK9:20 effort 18:10,15; 20:11 Expert 48:17 focus 45:22 efforts 15:20; 16:2 Experts 48:1 folders 37:1 either 17:16,25; 23:8; extent 38:19; 39:5; 40:8; folks 49:17 coincidental - folks (2) Min-U-Script MG&H, Inc. (412) 281-0189 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et aL Francis A. King December 14, 2001 Following 5:3; 25:9 follows 3:4 forgot 17:3 form 21:20; 49:24,25 format 50:12 former 33:24 forth 37:19 forwarded 5:6 found 17:18 foundation 30:8 four 12:3,5,7; 14:11; 21:2,7 FRANCIS 3:1 Frank9:20 Friday 5:12 front 4:4; 22:1; 26:7 fully 8:10; 30:3 further 40:5; 46:4 G general 3:16; 5:20; 13:6, 8; 18:2,15; 19:8,14; 27:22; 37:15; 38:19; 42:11,25; 45:6; 47:3,10, 18; 48:1,9,15,18,23,25 generally 17:6,18; 29:21; 33:6 generated 16:8 girl 5:12 given 17:23 gives 37:10 giving 49:16 Glen 6:22,25; 7:10,20; 19:5,12,18; 20:6; 27:11; 39:12; 42:21 goal 42:17 goes 29:22; 32:6 good 3:7,8; 33:16 govern 33:1 grant 32:19 granted 33:3, 5 great31:3 guess 20:24; 37:22 H hand 46:12 happen 35:11 happened 24:12,21 hard 27:23 Harry 8:16; 10:16,18; 18:19; 20:17 Hawks 6:22, 25; 7:10,19; 19:5,12,18; 20:5; 26:9; 27:10, 24;28:1; 29:4,8, 20,20; 30:16,16; 31:10; 34:4,8; 36:1,3; 37:1; 39:12; 42:21 heading 9:20 headings 19:24 headquartered 13:1 hear 35:9 heard 22:17 hearsay 50:6,6 held 5:17; 13:19 help 26:13 hereinafter 3:3 HERSHEY 4:10,16; 24:5; 29:22; 34:20; 36:18; 37:17; 38:14; 39:15,20; 40:3,11,17,23; 41:6,15; 42:6; 45:19; 46:1,8,14; 50:9,10 high 10:18 highest 32:17 himself 24:25; 26:3 historian 35:12 historical 30:15 history 5:16; 35:14,21; 38:3 hold 5:19 holder 32:22 Holdings 12:25; 13:21 home 8:16 honest 43:17 Hopefully 42:15,16 host 34:17 hours 25:20 housed 18:11 housing 45:7 HWF 19:2 hydro 30:24; 32:19 hydroelectric 7:1,4,20; 32:1; 33:2 Hygiene 47:1 I [ identification 4:7; 14:20 identified 5:2; 8:20; 24:25; 26:3 identifies 44:4 identity 13:16; 21:24 imminent 21:14 inadmissible 50:6 Inc 11:5,25; 12:7,23,25 incidents 34:12 includes 9:9 inclusion 16:4 Incorporated 11:12; 12:11,14,15,20; 13:21 Incorporation 43:8 Incorrect 31:7 Index 17:15 indicate 18:24; 21:13; 24:2 indicated 15:5; 16:11; 21:1; 24:16; 41:11 indicates 11:2 Indication 19:1 individual 22:4 individuals 3:10; 10:10 Industrial 47:1 information 6:1; 11:20; 17:21,21; 21:23; 27:22; 28:25; 30:15; 31:3; 39:3 initial 4:22 initiate 18:1 j input 32:6,11 inquiring 21:10; 24:17 inquiry 10:11 insight 30:20 inspections 33:9 instance 14:9; 36:20 instruction 15:18 instructions 44:23 instruments 28:17 Insurance 45:7; 47:15; 48:16 interest 20:7; 27:25; 46:4 interested 32:8,9,13 interrupt 24:22 into 6:23,24; 9:3; 15:11, 23; 18:10; 30:20 investigation 32:io, 14 Investment 12:25; 13:12, 21 Invoices 44:3 involved 28:4 involvement 27:5 involves 20:21; 32:5 involving 33:23; 34:12 Iron 17:1 issue 33:25 issued 4:1,12; 5:24 item 36:19 itemization 42:22 Itemize 36:21 itemized 42:19 J job 30:14 joined 15:15 June 6:5 K K 5:8 K-a-n-t-o-r 5:9 Kanawha 43:9,16; 44:10 Kantor 5:9; 9:7; 15:6; 18:23; 20:25; 22:13,38 Kathleen 5:8 keep 43:2,15,22; 44:6 kind 5:12; 27:3; 40:23 kinds 26:21;38:23 KING 3:1,7; 4:17,22; 7:18; 9:20; 11:1; 19:16; 26:24; 27:21; 40:5; 41:7; 42:10; 47:3,10,18; 48:1, 9,18; 50:8 King's 29:24 knew 10:19; 17:12; 23:12 knowledge 26:21; 27:7; 41:19 known 6:7; 7:10; 12:10, 20,24 L lady 5:6 land 36:12; 38:10 Landis 47:8 large 32:24 last 9:12; 36:22; 42:17, 18,22 later 6:20; 25:13; 39:23; 41:4 latter 9:18 law 4:23; 5:10; 9:8;15:7; 21:9; 32:25; 43:11,14; 44:5,15,25:45:2,3,9,16; 46:9 laws 27:8,12,15; 39:6,8; 42:13; 43:2; 47:4,12,19; 48:2,10,20; 49:2 lawsuit 34:14 lawyer 3:14; 24:18,25; 25:8 lay 30:7 layman 25:7 learn 32:21 learned 30:23 lease 6:15 least 9:4; 37:22 left 10:24; 46:25 legal 9:7; 16:5,8; 28:3; 33:23; 43:22 legitimacy 28:22 letter 8:4,15,17,18,21; 10:2; 11:8,23; 13:23; 15:3; 18:25; 19:15; 20:17; 23:18,21; 26:6; 36:6,22; 39:4 level 39:12; 41:11; 42:5 licence 31:20; 32:19; 33:2,11,12 licences 37:18 license 31:18; 32:22; 33:1,5; 34:11; 37:2,3; 38:4 licensed 31:2,17,17,24; 32:3 licenses 36:11,15; 37:7, 10; 38:1 licensing 34:9 lies 46:5 Lilly 48:6,6 line 50:5 list 36:19; 39:2; 48:16 listed 11:8; 13:23; 14:12; 15:2 listing 42:19 Literature 47:16 litigation 25:1; 26:5; 27:5 little 23:19; 24:11; 46:3 live 14:5 located 7:1;8:13; 10:22; 17:22; 18:13; 42:4 location 17:7 long 34:19,35:6 longer 11:4; 24:7 look 16:3; 18:10,19; 21:25; 22:3; 26:10; 29:25; 36:4 looked 8:25; 9:21,22; 18:22; 19:23,24 looking 17:12; 18:17; 20:1; 26:23; 27:22; 36:24; 39:24; 44:8 lot 24:11; 32:6; 35:14 lots 19:11,11 LP 11:3 M magazine 48:24 main 34:23; 43:12 maintain 13:9,15; 39:7; 44:16; 45:1,10,17; 47:5 maintained 29:2 maintains 15:7 maintenance 47:13,20; 48:4,11,21;49:2 major 46:4 Management 11:12,18, 21,25; 12:7,11,13,15, 20,22 managing 12:1 manifest 9:12,15; 16:12; 17:19, 22; 18:5,22; 19:7 manifested 16:20 Marietta 6:10 mark 14:18 marked 4:3,7; 14:20; 16:21 Marshall 47:10 match 18:17 Material 48:15 materials 33:22; 35:24 matter 18:2,21:11; 22:12; 35:25; 41:24; 45:20; 46:12,20 may 6:9; 14:18; 22:2,23; 30:12; 33:14; 39:10; 40:8; 46:23,23 Maybe 23:23 McClintic 47:10 mean 19:24; 24:22 means 16:14 Medical 45:6 memo 21:20 mentioned 12:8 merged 12:24; 33:18 met 10:24 Metal 12:5; 42:11; 43:1 Metallurgical 44: ll Metals 3:17; 4:24; 5:11, 16; 6:2,7; 7:22; 10:14,16; MG&H, Inc. (412) 281-0189 Min-TJ-Script (3) Following - Metals Francis A. December 14, 2001 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et at 11:2,5,15,22; 12:1,9; 13:10; 30:14; 33:14; 34:24; 47:3,11,18; 48:2, 9,19; 49:1 might 9:2,3,5; 18:17,24; 21:16; 22:19; 39:21; 40:5, 21,24; 42:4 mind 9:4,24; 27:23 mine 9:14; 10:23; 17:4,5; 19:22; 28:10; 39:24 minute 13:16; 23:19 minutes 26:10 Miscellaneous 44:22 miss 6:9 mixed 19:19 Monoxide 47:8 monthly 43:19 more 23:7; 27:21; 32:21; 36:22; 42:10 morning 3:7,8,12 Mortality 47:2 Mostly 34.9 Mountain 17:1 Mrs 9:7; 18:23; 20:25; 22:13,18 much 3:13; 8:8; 13-19; 21:17; 25:17 myself 5:2 iv name 3:9;5:6,8;9:l6; 12:16,17,19; 17:2,3, 25; 19:2; 21:12; 22:2,22,22, 25; 23:2,20,23,25; 25:8 Natural 32:12 navigable 32:2,17 necessarily 43:15,25 need 32:10,11,15; 38:23 negotiated 28:2 neither 26:24 Nest 6:22,25; 7:10,19; 19:5,12,18; 20:5; 26:9; 27:10,24; 28:1; 29:4,8, 20,20; 30:16,16; 31:10; 34:4,8; 36:1,3; 37:1; 39:12; 42:21 New 6:16; 32:18; 43=9,16; 44:10 Newspaper 48:24,25 Niagara 6:16 nine 28:13 Non-Fatal 47:9 None 26:9 nor 26:25 norm 33:8 north 9:14; 16:19; 18:11 Norway 35:4,17,18 Norwegian 12:4; 35:1 note 11:1,7 noted 4:16 notes 21:21; 48:8 notice 4:2 number 3:10 o O'clock 50:18 object 50:4 objection 49:13 objections 49:24,25; 50:13 obligation 45:21 obligations 32:22 obtaining 50:6 obviously 26:7; 38:6 occasion 17:10; 30:15 occurred 24:4 Off 7:13,14,18; 16:18; 27:18; 42:7,8; 46:25 office 28:11; 37:25; 39:23 offices 13:19 Ohio 6:10,11 old 11:4; 17:4,5; 26:5,8; 38:1 once 33:5 one 3:21; 4:10; 7:7;9:23; 10:7; 11:17; 14:12; 17:9; 23:4,8,11; 24:23; 40:20; 42:11; 43:8 ongoing 33:9; 34:10; 40:2 only 10:16; 15:12; 40:4; 41:5,9 onto 32:7 Operation 44:21 operations 11:20 opposed 10:3; 37:18; 39:22 order 38:24; 41:18 Orders 44:14 Oregon 6:14; 33:24 originally 10:18 Ours 33:7 out 17:9,11; 19:22; 26:12; 28:10; 31:20; 35:19 outset 50:3 outside 28:3,5 over 33:21; 38:6,7 own 9:8; 17:16; 20:8,9; 27:23; 29:8; 34:4 owned 12:4,6,8; 29:5 ownership 11:18 P pad 22:1,1 page 44:9 pages 36:22; 42:18,19, 23; 46:17 papers 38:7 paragraph 37:23 paralegal 5:2,10,13 parens 37:1 parent 35:1,4 part 7:2,21; 17:10; 20:21; 29:5; 34:2; 36:7; 38:6 particular 17:10; 40:20 parties 32:8,9,13; 49:20 partner 12:1 partners 12:3,6 partnership 12:9 party 25:23; 45:21 paying 24: ll Payroll 44.13 pending 4:13 Pennsylvania 9:14; 14:6; 16:20 perhaps 10:10 peril 50:3 period 16:22 person 8:15; 9:16; 17:25; 18:1;21:5,20,24; 23:1, 13,20 personal 34:5 Personnel 44:14 pertain 19:18; 20:23; 44:10 pertained 19:5 pertaining 34:4; 42:21 phone 4:25; 5:2; 21:9; 24:20 pick 15:2 picked 9:5; 23:23 Picking 46:25 Pittsburgh 10:23; 13:2; 14:3; 18:12; 23:1 place 38:5; 40:26 plaintiff 45:20 plaintiff's 5:3; 48:7 Plaintiffs 3:2; 4:12,18 plan! 6:10,11,11,12,13; 7:2,7,19,20; 19:9,10,13; 20:4,6,18,20; 27:24; 28:1; 29:20; 30:16,21; 31:1,10,10,13;38:13; 39:12,12,22;41:11,17, 19,20; 42:5; 44:20,23 plants 6:20,21; 7:5,8,9, 21,23; 20:7,12,22; 40:6 please 7:13; 27:18; 31:7 point 4:11;8:14; 15:14; 16:16,19,24; 32:23; 36:18; 44:5; 46:6,22 policy 9:1,2; 14:13,22, 25; 15:2; 16:17; 36:17 Portland 6:14; 33:24 position 5:19; 45:20; 46:8,11 positions 5:17; 44:18,19 possess 19:17; 20:13; 28:6; 34:4 possessed 13:22 possesses 8:6 possession 29:1 possibly 18:21; 24:15 post 11:24 potential 24:3; 27:4 power 7:5,20,23; 37:2,3; 38:13; 43:9,10,17; 44:10; 45:33 predated 10:17 premise 46:15 preparation 30:14 prepared 28:23 present 20:7 presently 3:16; 8:6; 14:5 president 5:20 pretty 13:19; 17:24; 21:17; 29:22 primarily 32:25 prior 28:20; 34:23 privilege 49:10,13,21 privileged 49:16 probably 15:12; 23:5; 25:20; 37:14,21,24 problems 38:25 Procedure 50:12,15 process 3:20; 32:4, 5 produced 8:23; 41:22; 49:8,14 production 49:20 program 43:20 project 24:13; 32:10,11, 15,16,19; 33:2,4,23,23; 34:12,18; 36:25; 38:20 projects 34:15,17; 43:19 properties 30:5 Property 44:23 proprietary 11:20 protests 32:8 provide 6:1; 18:8; 31:4; 50:17 proximity 7:1 public 32:7; 45:12 Publicity 48:25 published 35:23 purchase 6:8,20; 7:3, 21; 11:25; 27:10; 28:7,14; 29:5; 34:24; 35:25 purchased 6:3,6,21; 7:3; 27:25; 29:11;31:13; 38:13 purchasing 28:21 purports 42:19 purpose 17:16 purposes 25:21 pursuant 15:17 pursue 40:5 put 4:19; 35:19 Q quantity 17:21 quickfy 36:10 R raised 22:22 ran 31:20 range 37:10;44:9 ranking 10:18 Rates 45:12,13 reach 16:16 reached 16:23 read 8:18; 10:1 really 6:17; 9:3; 25:19; 30:5; 32:13 reason 22:25; 40:19 reasonably 28:8 recall 4:22; 6:10,18; 22:7; 24:21,23; 26:3,16; 27:2 receivable 9:18; 18:2 receive 10:4 received 8:19; 21:2,8; 23:7; 25:3; 38:24,25 receiving 10:3 Recess 27:19 recognize 22:3 recoilection 8:19,22; 25:5, 9, 24,25 record 7:13,14,16,18; 25:21; 27:18; 42:7,8 recorded 35:15,16 records 8:25; 9:10,15; 13:9,15,16,22; 14:13,22; 15:8; 16:6,17;26:6,8,19, 21; 27:16; 36:17; 38:23; 43:23; 48:7,8 referenced 34:3; 36:21 references 36:11,12,13, 14; 38:10 referred 17:39;40;13 referring 36:19 refers 37:17 refurbish 34:16 regard 8:2;20:5;31:7; 35:25; 50:13 regarding 30:5 regulated 31:10,15,16 regulations 32:25; 33:1; 39:6; 47:4,12,19; 48:3, 11,20; 49:2 Regulatory 31:1; 32:3 relate 17:23; 19-12,12, 13; 38:20 related 36:3 relates 30:9 relating 26:8; 28:25; 29:14; 34:14 relationship 11:21 relevant 9:4; 30:12 relicensed 31:4,21 relicensing 31:4 remember 4:25; 5:4,5; 8:22; 10:3,6; 21:14 remind 3:21 Reorganization 43:10 repeat 3:23 rephrase 3:23; 24:8 Reporite 44:19 represent 3:9____ might - represent (4) Min-U-Script MG&H, Inc. (412) 281-0189 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et al. Francis A. King December 14, 2001 represented 21:9; 40:14 representing 21:10; 23:6; 25:1,14; 26:4; 40:1 represents 32:17 request 21:2,4; 29:23; 39:11; 40:9 requested 25:10; 29:24 requesting 41:9 require 27:13,15; 39:6; 43:2,12; 44:6,16,25; 45:9,17; 47:5,32,20; 48:3,11,20; 49:2 required 27:8; 32:9 requirement 43:6,22 requires 46:9 Requisitions 44:3 rescind 23:24 research 43:19 reservation 49:24 reserved 50:1 respond 4:19; 49:12 response 20:ll;4l:5 responsibilities 33:10; 42:12 responsibility 33:25; 34:10 rest 46:2 restrictions 33:4 resulted 34:13 retain 36:16; 37:4,13; 38:12,16; 45:21 retained 38:15; 45:24 Retarded 43:19 retention 9:1; 14:13,22; 16:17; 27:15:36:17; 46:10; 47:20; 48:3,12,21; 49:3 retired 9:13,13; 10:13, 20; 16:12,18; 28:9 review 4:8; 5:22; 19:6,17; 30:15,19; 31:3; 36:9 reviewed 14:22 right 4:4; 10:8; 11:13; 16:1,13; 20:24; 22:24,24; 33:8; 40:6; 41:13; 44:2; 46:13,25; 50:17 rights 36:12; 38:10 Rinehart 47:8 River 32:18 Road 10:23 Rocks 48:23 ROMANO 35:9; 49:7,18, 23; 50:4,11,16 room 22:14 roughly 15:12 Round 15:24 rule 50:14 Rules 50:11 s 5 12:5 safely 34:1 sale 28:15; 45:13 specific 36:18,-43:3 Sales 45:13 specifically 17:8; 20:17; same 5:18;11:18; 21:11; 26:12; 35:25; 36:2; 39:16 25:19; 26:18 specifications 38:11 Samples 48:23 spelled 5:8,9 Sanitation 45:7 spending 34:15 satisfied 32:16 spent 17:10 scope 30:8 spoke 14:2; 20:25 search 8:5; 22:5; 23:14; 27:1,3; 28:22; 29:1,16, 24,25; 40:2,3,4; 42:2 searching 17:9;41:10 second 14:12; 24:18,24 secondly 49:18 standard 49:24 started 5:16,18; 10:20, 25; 34:23 Starting 8:14; 26:19 State 37:21; 42:13; 43:2, 11,22; 44:5,15,25; 45:9, secretary 5:1,13 16; 47:4,11,19; 48:2,10, seeking 8:3;ll:19; 20; 49:1,15 14:25; 18:13; 19:19; 20:14 ; statements 25:22 selling 33:22 j States 32:2 semantics 41:25 send 20:22 sense 13:7,16; 31:16 sent 9:19; 16:18; 18:1,1, 16; 20:16,18; 39:21 separate 13:9,15 separately 39:2,3 serve 13:6,8 served 22:11 Service 45:12 Services 45:6 set 28:10; 37:6 several 12:23; 42:18 Sewickiey 14:5 share 33:24 Sheet 44:21 Sheffield 6:18 shipped 42:20 short 8:21 shortly 21:8 show 35:20; 38:3 signature 50:10,19 signed 23:17 SILICOSIS 47:1,16,23, 24,25; 48:7,8,15,17,18, 24 simply 30:25; 38:4; 42:1; 49:15 single 12:24 sister 10:21 sister/daughter 11:16 size 38:21 statistics 47:2 status 20:5 statute 32:23; 33:10; 46:12,19 statutory 32:25 Step 9:12; 41:10 steps 8:11; 9:22; 14:11 Still 20:9 storage 9:16,20; 16:19; 18:11; 19:22 store 9:13 stored 19:6 stores 17:7 strike 12:14 structure 12:2 | study 47:2 subject 14:25; 18:2;41:1 subjects 29:23 subpoena 4:1,12,17, 20; 5:23; 8:3; 20:12; 22:11; 29:25; 36:7; 40:18; 41:1,5, 7,18 subsequent 12:18 suggest 14:24; 41:8 suggested 40:4; 46:18 suggesting 46:6,21 Suits 47:17,23,24,25; 48:7,9,15,16,17,18,24 summarize 21:19 Summary 44:21 Summons 47:23 supposed 16:23,24; small 5:14; 12:5,5; 34:23 41:16 Societies 47:17 somebody 22:22 someone 21:4; 22:17; 23:8 somewhat 38:9 sophisticated 32:14 sorry 6:17; 12:6; 15:21 sure 3:19; 5:1; 9:25; 15:13; 18:9; 20:2; 23:25; 31:8; 33:20; 36:20; 39:9, 10; 42:11 Surety 45:8 surround 34:18 sworn 3:3 sort 17:15; 28:21; 37:3 source 49:9 T speak 24:19; 25:11,14 speakerphone 22:13,15 talk 41:3 talked 8:16; 10:1; 21:8; 26:10 talking 7:19; 22:17; 37:24; 39:15 telling 10:4 ten 28:13 testified 24:6 testifying 4:18 testimony 23:24; 47:25; 48:18 Texas 21:4,9,15; 24:4; 25:2; 27:5 therein 18:13 thereof 39:19; 42:4 Thereupon 4:6; 14:19; 50:18 thought 8:8; 10:10; 15:2; 20:15,15; 22:21 thousands 17:13 three 17:11; 21:2,7; 42:18 times 10:24 title 28:17,21; 29:1,16 today 5:19; 12:10, 22; 13:1; 14:9,16,22; 18:5; 20:9; 50:9 together 12:24; 13:19 told 7:23; 22:9; 26:2; 39:13 took 9:22; 38:5; 40:16 top 44:9 transaction 6:4,15,19; 28:2,12,13; 31:14,14; 40:15 transactions 6:23 transfer 27:9; 38:5 transferred 18:20,21; 21:1;31:18 transpired 26:1 trial 21:14; 24:3; 26:20; 48:15; 50:1 Trials 47:25 true 11:4; 23:22; 37:20; 46:21 truly 49:15 try 30:9 trying 30:8; 46:7,22 tunnel 29:4,9,21; 30:16, 22; 38:21;47:2,7 turbines 34:16 turn 12:6; 32:20; 42:17 turned 38:6,7 two 6:20,21; 7:7,9,23; 24:14,23; 25:18; 37:1; 42:23 type 11:16; 13:16,18; 17:21; 18:3; 19:13; 34:16; 38:22; 39:3 types 15:3; 34:7; 36:15; 37:7,12; 43:22; 47:21; 48:4,21; 49:3 typical 34:17; 45:13 typically 36:14 ___ u U.S 34:22 ultimate 11:18 ultimately 12:4 umbrella 11:17 unaware 44:5,24; 45:16 under 4:17,19; 9:19,20; 11:17; 18:23; 19:1; 33:10, 11,12; 48:15 undertaken 8:5; 30:19 undertaking 30:14 Unfortunately 21:11 Union 3:10;4:13;6:3,7, 24; 7:22; 21:6,10; 23:6,8; 24:3,16; 25:1,14; 26:5,8, 20,25; 27:9,24; 28:1,23; 29:6,12; 31:14,19; 33:15, 16,17,21,23; 34:24; 36:1; 40:15; 42:20; 46:19; 49:10 United 32:2 up 9:5; 15:2; 16:18; 20:20; 23:23; 24:10; 40:9; 41:20; 46:25 updated 11:6 updating 34:14 upon 30:13; 36:16 use 32:17; 33:4 used 16:8 useful 38:12 usually 33:3 V vague 38:10 valid 33:6 various 32:6 Ventilation 47:7 vice 5:20 Virginia 6:12; 7:2,24; 32:18; 36:25; 44:22; 45:13 virtue 6:6; 30:25 volume 17:6 volumes 28:13; 29:1; 40:14 w W8:16 Wait 23:19 waive 50:10 waived 50:20 waiver 49:21 water 32:2,18; 36:12; 38:10 way 10:7; 16:21; 20:18; 24:21; 30:23; 33:15; 34:23; 39:1 Weekly 44:19 weeks 21:2,7 weren't 20:18; 40:12 MG&H, Inc. (412) 281-0189 Min-U-Script (5) represented - weren't Francis A. King December 14, 2001 West6:ll;7:2,24; 32:18; 36:25; 44:22; 45:13 whereby 6:19 white 22:1 whole 24:11; 32:5; 34:17 Wildlife 32:12 willing 18:7 withdrew 13:25 within 27:23; 34:8; 40:17 witness 3:2; 24:3; 27:5; 41:13 work 14:8; 30:25; 44:14; 47:2; 48:7 worked 10:15,24 working 10:20; 24:13; 26:4 workpapers 37:10,18 wound 20:20; 40:9; 41:20 write 21:11 written 11:23 Y year 10:25 Yearly 43:19 years 31:21; 33:6,7,8, 21; 34:13 yellow 22:1 York 6:16 Estate of Lloyd Koons, Estate of Donald Kotay v. Union Carbide Corporation, et a! West - York (6) Min-U-Script MG&H, Inc. (412) 2810189 Lawyer's Notes Goldberg, Persky, Jennings & White, P.C. ATTORNEYS AT LAW 1030 FIFTH AVENUE, THIRD FLOOR PITTSBURGH, PENNSYLVANIA 15219-6295 FACSIMILE (412) 471-8308 TELEPHONE (412) 471-3980 EMAIL ADDRESS: gpjw@gpjw.com WEB SITE: www.gpjw.com THEODORE COLDBERClBA. VVV.Ml * DC) JOEL rtRSKY (Ba A Ml) ROBERT L. JENNINGS. JR. (f* A DC) THOMAS W. WHITE I BA) CRAIC L. VANOERCKIFT (BA A WV) BETCR T. PALADINO. JR. (BA. Ml A NY) DAVID T. CHERVENICK (BA 4 WV) TERRENCE M. O'BRIEN (BA. Mi A WV) JANICE M. SavinIS(Ba) MARK C. MEYER (BA A Ml) JAMES J. BEDORTHA (BA A Ml) LANE A. CLACK (BA 4 Ml) BRUCE E. MATTOCK (BA A WV) DAVID B. ROOES(BA) JOSEBH J. CIRILANO (BA A Ml) CHRISTINE L. SALON (BA) CARLA CUTTILLA (BA) CHARLES J. MtLE'CH (BA A WV) CINDY STINE (BA A WV) DIANA N. JACOBS (PA) ANTHONY J. D'AMICO (BA) BRIAN ALAN BRIM (WV) LEE W. DAVIS (BAA Ml) AARON J. DtOJCA (BAH JOHN T. TIERNEY III (BA. OC A AZ| JOHN N. KELSEY (Ml) Darren k. barr <ba a ini ROBIN M. GRAZJANO (BA) JOHN R. KANE (BA) JOHN R. BOMERVILLE(MI) JASON E. LUCK ASEVIC (BA) JASON T. SH IBB (BA) December 7, 2001 Via Process Server Francis King, Esquire Elkem Metals Airport Office Park, Building 2 400 Rouser Road Moon Township, PA 15108-2749 Re: Union Carbide Hawks Nest Documents Dear Mr. King: Thank you for taking the time to speak with me yesterday about the Union Carbide Hawks Nest documents. I have reviewed this matter with my clients and they have instructed me to issue the Subpoena we discussed. Enclosed is a Subpoena, Notice of Deposition Duces Tecum, and statutory witness fee. You indicated yesterday that you would be filing a Motion to Quash. Although I oppose such a Motion and do not believe there is a basis for one, I want to advise you that the Judge presiding over these cases is Judge Robert P. Horgos, 816 City County Building, Pittsburgh, PA 15219. Judge Horgos hears all asbestos cases in Allegheny County and hears all pre-trial motions associated with asbestos cases. Thank you for your attention to this matter. Very truly yours. Enclosures cc: All Counsel of Record (via fax and U.S. Mail) Morse, Gantverg & Hodge JOHNSTOWN OFFICE: CRECNSBURC OFFICE: 0:\2001\Cli*'l^8ftsgajng.im207.^SP1UTHMAIN STREET. THIRD FLOOR T MICHIGAN OFFICE: 4SIM FASHION SQUARE BLVD.. SUITE WESTVIRCINU OFFICE: THE RIVER TOWER 1 ID* THIRD AVENUE. SUITE Ml IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA In re: ALL PENDING ASBESTOS CASES, Estate of Lloyd Koons, Estate of Donald Kotay, Plaintiffs, vs. UNION CARBIDE CORPORATION, et al., Defendants. CIVIL DIVISION - ASBESTOS G.D.No. 99-12131 G.D. No. 99-10029 PLAINTIFFS' NOTICE OF DEPOSITION DUCES TECUM JURY TRLAL DEMANDED Filed on behalf of Plaintiffs. Counsel of Record for this party: Aaron J. DeLuca, Esquire PA S.CT. ID# 76044 Goldberg, Persky, Jennings & White, P.C. 1030 Fifth Avenue Third Floor Pittsburgh, PA 15219 Phone: Fax: (412) 471-3980 (412) 471-8308 O:\2001\Deposition\elkem metals notice of deposition.011206.,wpd T FT IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA In re: ALL PENDING ASBESTOS CASES, Estate of Lloyd Koons, Estate of Donald Kotay, Plaintiffs, vs. UNION CARBIDE CORPORATION, et al., Defendants. * CIVIL DIVISION - ASBESTOS * * * G-D. No. 99-12131 G.D. No. 99-10029 * * * * PLAINTIFFS' NOTICE OF DEPOSITION DUCES TECUM NOTICE OF DEPOSITION DUCES TECUM TO: Francis King, Esquire Elkem Metals Airport Office Park, Building 2 400 Rouser Road Moon Township, PA 15108-2749 and ALL COUNSEL OF RECORD PLEASE TAKE NOTICE that, pursuant to the Pennsylvania Rules of Civil Procedure and pursuant to the Pennsylvania Rules of Evidence, the deposition duces tecum of Francis King, Esquire, General Counsel of Elkem Metals, will be conducted on December 14,2001 at Goldberg, Persky, Jennings & White, P.C., 1030 Fifth Avenue, Pittsburgh, PA 15219. The Court Reporting service for the deposition will be provided by Morse, Gantverg & Hodge, Suite 719, One Bigelow Boulevard, Pittsburgh, PA 15219. All counsel are invited to attend and participate in this deposition. Respectfully Submitted, GOLDBERG, PERSKY, JENNINGS & WHITE, P.C. O:\2001\Deposirion\elkem mefais notice of deposition.0n206.wpd r TT IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA In re: ALL PENDING ASBESTOS CASES, Estate of Lloyd Koonsr Estate of Donald Kotay, Plaintiffs, vs. UNION CARBIDE CORPORATION, et al,, Defendants. * CIVIL DrVISlON - ASBESTOS * * G.D.No. 99-12131 * G.D. No. 99-10029 * * fr * * PLAINTIFFS' * NOTICE OF DEPOSITION DUCES TECUM * CERTIFICATE OF SERVICE I hereby certify that a true and correct copy 0/ the foregoing Plaintiff's NOTICE OF DEPOSITION Duces Tecum has been served upon all counsel of record by facsimile transmission and U.S. Mail, postage prepaid, on December 7, 2001. GOLDBERG, PERSKY, JENNINGS & WHITE, P.C. Third Floor Pittsburgh, PA 15219 (412) 471-3980 (412) 471-8308 (FAX) O:\2Q01\Deposition\elkem metals notice of deposition.011206.wpd T TT Defendant: A W Chesterton A.F. Green Industries A-Best Products Company, Inc. AC&S Allied Glove Allied Signal American Biltrite AO Smith Aqua-Chem Argo Packing Company January 2002 Trial List Counsel List Last revised: December 4,2001 Counsel: John J. Repcheck, Esquire Marks, O'Neill, et al. 3200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 John J. Repcheck, Esquire Marks, O'Neill, et al. 3200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Concetta A. Silvaggio, Esquire WILLMAN & ARNOLD 705 McKnight Park Drive Pittsburgh, PA 15237 John Vitsas, Esquire REED, SMITH, SHAW & McCLAY 435 Sixth Avenue, Mellon Square Pittsburgh, PA 15229 Stephen Mlinac, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 Matthew Wimer, Esquire WJMER LAW OFFICES, P.C. 655 Allegheny Avenue Oakmont, PA 15139 Concetta A. Silvaggio, Esquire WILLMAN & ARNOLD 705 McKnight Park Drive Pittsburgh, PA 15237 Leo Gerard Daly, Esquire Grogan Graffam McGinley Three Gateway Center 22nd Floor Pittsburgh, PA 15222-1009 Norman Haase, Esquire Swartz Campbell & Detwiler 115 North Jackson Street Media, PA 19063 Matthew Wimer, Esquire WIMER LAW OFFICES, P.C. 655 Allegheny Avenue Oakmont, PA 15139 Fax.412-392-8804 412-391-8804 412-366-3462 412-288-3063 412-392-5367 412-820-9470 412-366-3462 412-553-6703 610-566-9222 412-820-9470 Atlas Industries Beazer East Bigelow Liptak BMI (Adience) Borg Warner Burnham Industrial Cashco Certainteed Clark Industrial Claud Gordon Congoleum Ed Olszewski, Esquire DICKIE, McCAMEY & CHILCOTE, P.C Two PPG Place, Suite 400 Pittsburgh, PA 15222 C. James Zeszutek/ Michael Bucci THORP REED & ARMSTRONG One Riverfront Center Pittsburgh, PA 15222 Patrick Mechas, Esquire Burns, White & Hickton 120 Fifth Avenue Suite 2500 Fifth Avenue Place Pittsburgh, PA 15222-3001 Concetta A. Silvaggio, Esquire WILLMAN & ARNOLD 705 McKnight Park Drive Pittsburgh, PA 15237 Hunter McGeary, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 Paul K. Vey. Esquire PiETRaCaLIO, BOS1CK & GORDON 38th Floor, One Oxford Centre 301 Grant Street Pittsburgh, PA 15219 David F. Ryan, Esquire Marshall Dennehey et al. USX Tower, Suite 2900 600 Grant Street Pittsburgh, PA 15219 Alba A. Romano, Esquire Wilbraham Lawler fit Buba First & Market Building 100 First Avenue, Suite 325 Pittsburgh, PA 15222 Matthew Reber, Esquire Kelley, Jasons, McGuire & Spinelli, LLP Centre Square West, Suite 1500 1500 Market Street Philadelphia, PA 19102 Keith Whitson, Esquire Schnader Harrison Segal & Lewis Suite 2700, Fifth Avenue Place 120 5th Avenue Pittsburgh, PA 15222 Edward Chiodo, Esquire McKenna & Chiodo, PC 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 T TT 412-392-5367 412-394-2555 412-359-7378 412-366-3462 412-392-5367 412-261-5295 412-803-1188 432-255-0505 215-854-8434 422-765-3858 412-471-6658 Consolidated Rail Cooper Industries Copes Vulcan Coppus Turbines Corhart Refractories Crane Valve Crown Cork & Seal Davis-Fetch DeZurik Dick Corporation Dravo Corporation Durabla Manufacturing Company David D'Amico, Esquire burns. White & Hickton 120 Fifth Avenue Suite 2500 Fifth Avenue Place Pittsburgh, PA 15222-3001 L. ]ohn Argento, Esquire DICKIE, McCAMEY & CHUCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 Leo Gerard Daly, Esquire Grogan Graffam McCinley Three Gateway Center 22nd Floor Pittsburgh, PA 15222-1009 Kathy Condo, Esquire REED, SMITH, SHAW & McCLAY 435 Sixth Avenue, Mellon Square Pittsburgh, PA 15219 John J. Repcheck, Esquire Marks, O'Neill, ft al. 3200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Nick Vari, Esquire Kirkpatrick Lockhart LLP 535 Smithfield Street Pittsburgh, PA 15222 Richard E. Rush, Esquire Thomson, Rhodes & Cowie, P.C. Two Chatham Center, Tenth Floor Pittsburgh, PA 15219-3499 George M. Schumann, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 John J. Repcheck, Esquire Marks, O'Neill, et al. 3200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Ken Klanica, Esquire HEINTZMAN, WARREN, WISE & FORNELlA 35th Floor, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 David F. Ryan, Esquire Marshall Dennehey et al. USX Tower, Suite 2900 600 Grant Street Pittsburgh, PA 15219 Monica Maghrak, Esquire MURPHY TAYLOR, PC 326 Third Ave., Suite 100 Pittsburgh, PA 15222 T Tr 412-359-7378 412-392-5367 412-553-6703 412-283-3063 412-391-8804 412-355-6501 412-232-3498 412-392-5367 412-391-8804 412-263-5222 412-803-1188 412-255-6062 Durametallic Eaton EE Zimmerman Eichleay Elliot Turbomachinery FabriValve FB Wright Ferro Flintkote Foseco Foster Wheeler Ford Motor John J. Repcheck, Esquire Marks, O'Neill, et al. 3200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Cy Goldberg, Esquire Suite 1500 The North American Building 121 South Broad Street Philadelphia, PA 19107 Keith Whitson, Esquire Schnader Harrison Sega) & Lewis Suite 2700, Fifth Avenue Place 120 5th Avenue Pittsburgh, PA 15222 Daniel Krauth, Esquire Zimmer Kurtz, P.C. 3300 USX Tower Pittsburgh, PA 15219 David Singley, Esquire THORP REED & ARMSTRONG One Riverfront Center Pittsburgh, PA 15222 Concetta A. Silvaggio, Esquire WILLMAN & ARNOLD 705 McKnight Park Drive Pittsburgh, PA 15237 Leo Gerard Daly, Esquire Grogan Graffam McGinley Three Gateway Center 22nd Floor Pittsburgh, PA 15222-1009 Kevin Tierney, Esquire Law Offices of Kevin Tierney 100 South Broad Street 1175 Land Title Building Philadelphia, PA 19110 Ken Mroz, Esquire DICKIE, McCAMEY Sc CHILCOTE, P.C Two PPG Place, Suite 400 Pittsburgh, PA 15222 Alba A. Romano, Esquire Wilbraham Lawler Sc Buba First & Market Building 100 First Avenue, Suite 325 Pittsburgh, PA 15222 Dermis F. Wolford, Esquire Reed, Luce, Tosh, Wolford & Douglass 804 Turnpike Street Beaver, PA 15009-2114 Stephen Mlinac, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 T t--t 412-391-8804 215-735-1133 412-765-3858 412-281-1765 412-394-2555 412-366-3462 412-553-6703 215-790-2409 412-392-5367 412-255-0505 724-774-1363 412-392-5367 (Gardner Denver Gariock General Electric General Motors General Refractories George E. Ransom George V. Hamilton, Inc. Gilbert Associates Goodyear Gould Pumps GM McCrossin H.H. Robertson Nora Barry Fischer, Esquire PlETRAGALLO, BOSICK & GORDON 38th Floor, One Oxford Centre 301 Grant Street Pittsburgh, PA 15219 William Haushalter, Esquire MARGOL1S EDELSTEIN 1500 Grant Building 301 Grant Street Pittsburgh, PA 15219 Nora Barry Fischer, Esquire Petragallo, Bosjck & Gordon 38th Floor, One Oxford Centre 301 Grant Street Pittsburgh, PA 15219 Eric K. Falk, Esquire davies, McFarland & Carroll, p.c. One Gateway Center, 10"' Floor Pittsburgh, PA 15222-1416 James Israel, Esquire ISRAEL, WOOD & PUNTIL, PC 501 Grant Building 301 Grant Street Pittsburgh, PA 15219 Concetta A. Silvaggio, Esquire WILLMAN & ARNOLD 705 McKnight Park Drive Pittsburgh, PA 15237 Concetta A. Silvaggio, Esquire WILLMAN & ARNOLD 705 McKnight Park Drive Pittsburgh, PA 15237 Mary Drake Korsmeyer, Esquire Peacock Keller East Beau Building 70 East Beau Street Washington, PA 15301 William Geiger, Esquire davies, McFarland & carroll, p.c. One Gateway Center, 10"' Floor Pittsburgh, PA 15222-1416 Michael P. Creedon, Esquire Creedon & Feliciani, P.C. 29 East Marshall Street Norristown, PA 19401 Leo Gerard Daly, Esquire Grogan Graffam McGinley Three Gateway Center 22n6 Floor Pittsburgh, PA 15222-1009 David F. Ryan, Esquire Marshall Dennehey et al. USX Tower, Suite 2900 600 Grant Street Pittsburgh, PA 15219 412-261-5295 412-642-2380 412-261-5295 412-261-7251 412-391-3017 412-366-3462 412-366-3462 724-222-3318 412-261-7251 610-239-1599 412-553-6703 412-803-1188 H'arbison Walker Harbison Walker Hedman Mines Hinchliffe & Keener Hinkel Hoffman Honeywell Hunter Sales Industrial Holdings/Unifrax Industrial Rubber Ingersoll-Rand Insul JM Foster John J. Repcheck, Esquire Marks, O'Neill, et al. 3200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Arthur H. Baker, Esquire 225 Ross Street 2nd Floor Pittsburgh, PA 15219 Kenneth Robb, Esquire 1080 Long Run Road McKeesport, PA 15132 L. John Argento, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 Kevin Tierney, Esquire Law Offices of Kevin Tierney 100 South Broad Street 1175 Land Title Building Philadelphia. PA 19110 Robert W. Hastings, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 Andrew Adomitis, Esquire Grogan Graffam McGinley Three Gateway Center 22nd Floor Pittsburgh, PA 15222-1009 Robert W. Hastings, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 Miles Kirschner, Esquire MARGOL1S EDELSTEIN 1500 Grant Building 301 Grant Street Pittsburgh, PA 15219 William Fynes, Esquire Marks, O'Neill, O'Brien & Courtney Suite 1200 1880 JFK Boulevard Philadelphia, PA 19103 Joni Mangino, Esquire Zimmer Kunz, P.C. 3300 USX Tower Pittsburgh, PA 15219. Richard Polley, Esquire DICKIE, McCAMEY k CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 T T 412-391-8804 412-434-7932 412-751-8534 412-392-5367 215-790-2409 412-392-5367 412-553-6703 412-392-5367 412-642-2380 215-564-2526 412-281-1765 412-392-5367 John Crane Lehigh Valley Refractories Limbach Lochinvar Corp. M&S Erection Magnetek Mallinckrodt Mannington Mills Martin Marietta McCarls Melrath Gasket Metropolitan Life James Ehrman, Esquire Tighe, Evan, Ehrman, Schenck & Paras 500 Four PPG Place Pittsburgh, PA 15222-5404 Miles Kirschner, Esquire MARGOL1S EDELSTE1N 1500 Grant Building 301 Grant Street Pittsburgh, PA 15219 Donald McCormick, Esquire Gorr, Moser, Dell 5c Loughney 1300 Frick Building 437 Grant Street Pittsburgh, PA 15219 Concetta A. Silvaggio, Esquire WILLMAN & ARNOLD 705 McKnight Park Drive Pittsburgh, PA 15237 L. John Argento, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 C. James Zeszutek/ Michael Bueci THORP REED & ARMSTRONG One Riverfront Center Pittsburgh, PA 15222 Paul K. Vey, Esquire Pietracallo, Bcsick &c Gordon 38th Floor, One Oxford Centre 301 Grant Street Pittsburgh, PA 15219 Alba A. Romano, Esquire Wilbraham Lawler & Buba First & Market Building 100 First Avenue, Suite 325 Pittsburgh, PA 15222 Richard Polley, Esquire DICKIE, McCAMEY ic CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 John J. Repcheck, Esquire Marks, O'Neill, et al. 3200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Kevin Tierney, Esquire Law Offices of Kevin Tierney 100 South Broad Street 1175 Land Title Building Philadelphia, PA 19110 Stewart Singer, Esquire RAWLE & HENDERSON, LLP The Widener Building One South Penn Square Philadelphia, PA 19107 T TT 412-391-9972 412-642-2380 412-471-9012 412-366-3462 412-392-5367 412-394-2555 412-261-5295 412-255-0505 412-392-5367 412-391-8804 215-790-2409 215-563-2583 Mine Safety Appliance Minnotte Mobil Oil MS Jacobs Nagle Pumps NARCO Norfolk Southern Osram Sylvania Owens Illinois Penn Central Pennsylvania Railroad Peterson Canvas Ralph Davies, Esquire Davies, McFarland k Carroll, p.c. One Gateway Center, 10Ul Floor Pittsburgh, PA 15222-1416 . Joseph Selep, Esquire Zimmer Kunz, P.C. 3300 USX Towei Pittsburgh, PA 15219 Patrick Riley, Esquire RILEY, McNULTY, HEWITT k SWEITZER, P.C. 650 Washington Road, Suite 300 Pittsburgh, PA 15228 Alex Bicket, Esquire Zimmer Kunz, P.C. 3300 USX Tower Pittsburgh, PA 15219 Richard Polley, Esquire DICKIE, McCAMEY k CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 Joseph Schapei, Esquire HEINTZMAN, WARREN, WISE k FORNELLA, PC 35th Floor, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 David D'Amico, Esquire Burns, White k Hicxton 120 Fifth Avenue Suite 2500 Fifth Avenue Place Pittsburgh, PA 15222-3001 Leo Gerard Daly, Esquire Grogan Graffam McGtnley Three Gateway Center 22,Kl Floor Pittsburgh, PA 15222-1009 _ Kathy Condo, Esquire REED, SMITH, SHAW k McCLAY 435 Sixth Avenue, Mellon Square Pittsburgh, PA 15219 David D'Amico, Esquire Burns, White k Hickton 120 Fifth Avenue Suite 2500 Fifth Avenue Place Pittsburgh, PA 15222-3001 David D'Amico, Esquire Burns, White k Hickton 120 Fifth Avenue Suite 2500 Fifth Avenue Place Pittsburgh, PA 15222-3001 George Stewart, Esquire Zimmer Kunz, P.C. 3300 USX Tower Pittsburgh, PA 15219 412-261-7251 412-281-1765 412-341-9177 412-281-1765 412-392-5367 412-263-5222 . 412-359-7378 412-553-6703 412-288-3063 412-359-7378 412-359-7378 412-281-1765 Pfizer Pillar Industries Pittsburgh Gage and Supply Pittsburgh Metals Plibrico Plotkin Bros Pneumo Abex Power Piping Pressed Steel Tank Quigley Rapid American Rhone Poulenc/Amchem C. James Zeszutek/ Michael Bucci THORP REED & ARMSTRONG One Riverfront Center Pittsburgh, PA 15222 Lori Ann Gala, Esquire Grogan Graffam McGinley Three Gateway Center 22nd Floor Pittsburgh, PA 15222-1009 Daniel Sinclair, Esquire SWENSEN & PERER Suite 2710, Two Oliver Plaza Pittsburgh, PA 15222 Leo Gerard Daly, Esquire Grogan Graffam McGinley Three Gateway Center 22nd Floor Pittsburgh, PA 15222-1009 Dennis F. Wolford, Esquire Reed, Luce, Tosh, Wolford & Douglass 804 Turnpike Street Beaver, PA 15009-2114 Richard Polley, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 William Haushalter, Esquire MARGOUS EDELSTEIN 1500 Grant Building 301 Grant Street Pittsburgh, PA 15219 Anne D. Harman, Esquire Bailey, Riley, Buch r Harman 900 Riley Building P.O. Box 631 Wheeling, WV 26003 Kathryn M. Kenyon, Esquire Marshall Dennehey et al. USX Tower, Suite 2900 600 Grant Street Pittsburgh, PA 15219 C. James Zeszutek/ Michael Bucci THORP REED & ARMSTRONG One Riverfront Center Pittsburgh, PA 15222 Robert W. Hastings, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 Alba A. Romano, Esquire Wilbraham Lawler & Buba First & Market Building 100 First Avenue, Suite 325 Pittsburgh, PA 15222 412-394-2555 412-553-6703 412-281-2808 412-553-6703 724-774-1363 412-392-5367 412-642-2380 304-232-9897 412-803-1188 412-394-2555 412-392-5367 412-255-0505 Richard Klinger Riley Stoker Rome Cable Rust Safety First Sager Sealite Sears & Roebuck Sepco Stockham Valve Swindell-Dressler Sibyl McNulty, Esquire RILEY, McNULTY, HEWITT & SWEITZER, P.C. 650 Washington Road, Suite 300 Pittsburgh, PA 15228 John J. Repcheck, Esquire Marks, O'Neill, et al. 3200 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Richard Bliss, Esquire MARGOLIS EDELSTEIN 1500 Grant Building 301 Grant Street Pittsburgh, PA 15219 P. Brennan Hart, Esquire Marshall Dennehey et al. USX Tower, Suite 2900 600 Grant Street Pittsburgh, PA 15219 Joseph Schaper, Esquire HE1NTZMAN, WARREN, WISE & FORNELIA, PC 35th Floor, Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Richard Polley, Esquire DICKIE, McCAMEY & CHILCOTE, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222 Anne D. Harman, Esquire Bailey, Riley, Buch & Harman 900 Riley Building P.O. Box 631 Wheeling, WV 26003 Eric K. Falk, Esquire davies, McFarland & Carroll, p.c. One Gateway Center, 10"'Floor Pittsburgh, PA 15222-1416 Anne D. Harman, Esquire Bailey, Riley, Buch & Harman 900 Riley Building P.O. Box 631 Wheeling, WV 26003 M. Kathleen Canty, Esquire Malone, Larchuk & Middleman Northridge Office Plaza, Suite 310 117 VIP Drive Wexford, PA 15090 Margaret Houston, Esquire Houston Harbaugh 12th Floor Two Chatham Center Pittsburgh, PA 15219-3463 412-341-9177 412-391-8804 412-642-2380 412-803-1188 412-263-5222 412-392-5367 304-232-9897 412-261-7251 304-232-9897 724-934-6866 412-281-4499 Taylored Industries Triangle Wire Union Carbide Uniroyal Uniroyal Universal Refractories US Steel Viking Pumps Inc Westinghouse Wheeler Zum Industries Matthew Wimer, Esquire WIMER LAW OFFICES, P.C. 655 Allegheny Avenue Oakmont, FA 15139 Leo Gerard Daly, Esquire Grogan Graffam McGinley Three Gateway Center 22nd Floor Pittsburgh, PA 15222-1009 Alba A. Romano, Esquire Wilbraham Lawler & Buba First dc Market Building 100 First Avenue, Suite 325 Pittsburgh, PA 15222 Bruce S. Haines, Esquire BANGLEY ARONCHICK SEGAL & PUDUN, PC One Logan Square 12th Floor Philadelphia, PA 19103-6933 James Israel, Esquire ISRAEL, WOOD & PUNT1L, PC 501 Grant Building 301 Grant Street Pittsburgh, PA 15219 C. James Zeszutek/ Michael Bucci THORP REED & ARMSTRONG One Riverfront Center Pittsburgh, PA 15222 ` Richard Taylor, Esquire USX CORPORATION 1515 USX Tower 600 Grant Street Pittsburgh, PA 15219 David F. Ryan, Esquire Marshall Dennehey et al. USX Tower, Suite 2900 600 Grant Street Pittsburgh, PA 15219 Enc Horne, Esq. ECKERT, SEAMANS, CHERIN & MELLOTT, LLC USX Tower, 42nd Floor 600 Grant Street Pittsburgh, PA 15219 P. Brennan Hart, Esquire Marshall Dennehey et al. USX Tower, Suite 2900 600 Grant Street Pittsburgh, PA 15219 David F. Ryan, Esquire Marshall Dennehey et al. USX Tower, Suite 2900 600 Grant Street Pittsburgh, PA 15219 T rr 412-820-9470 412-553-6703 412-255-0505 215-568-0300 412-391-3017 412-394-2555 412-433-2811 412-803-1188 412-566-6099 412-803-1188 412-803-1188 FOM 73 PROTHONOTAAY Court of Common Pleas of Allegheny County, Pennsylvania THE COMMONWEALTH OF PENNSYLVANIA ALLEGHENY COUNTY, ss: Francis King* Esquire, General Counsel of Elkem Metals (Nsm(i) of Wltness(es)) 1. You are ordered by the court to come to Goldberg, Persky, Jennings & White, P.C.aj 1030 Fifth Avenue, Pittsburgh (Specify Courtroom or other place) Pennsylvania, on December 14, 2001at IQsQQo'clock. Am to testify on behalf of Plaintiffs --__ in the above case, and to remain until excused. 2_. A. nd. .br.ing w.i.t.h you the f.ol|,lowi.ng: A__l_l__d_o_c_u_m__e_n_t_s__d_e__s_c_r_ibed in Exhibit A, attached hereto and made a part hereof. If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment, Issued Ry Aaron J. DeLuca, Esq., (Attorney #76044), Goldberg, Persky, Jennings & White, P.C. (Slate attorney's name, address, telephone number snd identification number) 1030 Fifth Avenue, Pittsburgh, PA 15219 Phone: (412) 471-3980 Fax (412) 471-8308 _ BY THE COURT N5 95185 2 Prothonolsry Date 12/7/01 (Seal) By Deputy Union Carbide Corporation -------------------------------------------------egg------------------------------------------------ MORRISVILLE, VERMONT / / H. W. Fawcett Elketn Management, Inc* Park West Office Center Building One Cliff Mine Road Pittsburgh, PA 15275 Dear Mr. Fawcett; August 17, 1981 Re; Hawks Nest - Glen Ferris Transfer of Records Per Mr. G. L. Triplett's instructions by letter dated August 12tht ve are forwarding to your attention under separate cover thirtynine (39) carton of Hawks Nest - Glen Ferris records. These files have been sent to the UCC Records Center over the years by various UCC components, primarily the Lav Department and Metals Division. We have attached a Records Transfer Memo (pgs. 1-3) which provides a general overview of the contents of each carton. Further detail la shown, where possible, on an enclosed itemized list. These files represent the sum total of all records held at the UCC Records Center relating Co the Hawks Nest - Glen Ferris Hydroelectric Project. We hope the Transfer Memo and detail will provide adequate indexing of these old and voluminous files. Please acknowledge receipt of these files by signing and returning a copy of this letter. EWD/s Enel. cc: Messrs. P. J. Fournier F. A. Smith G. J. Triplett 90 ' -J OT .rT UNION CARBIDE CORPORATION RECORDS ADMINISTRATION DEPARTMENT DAT* MCT RECORDS TRANSFER MEMORANDUM - documents anp reports 8-17-81 USg TWSFOmTO TRANSFER RECORDS to THE.UNION CARBIDE RECORDSCENTERAT MORRfSVtLLE. VERMONT fa TRANSFERRED PROM: 0IVia*O-O*PAT**NT UCC Records Center LaPorte Rd. Morrisvllle, YT 05661 1 RECORDS RETENTION ft PROTECTION MANUAL REFERENCE (live #ECT[QM HUIMVAA AND SECTION TITLE APPLYIHC TO TMI N(COnDTHAMirtaBi tICTIOM NUMIM HCTIQM Hawks lfest-Glen Perris Records CARTON NO. DESCRIBE EACH CARTON OR RECORDS TRANSFERRED BELOW RECORD NAME (A* it AppMn In Reo<Is Rtntlon *nd Protvetlan MafuaU ALPHABETIC OR NUMERIC CONTENTS OP EACH CARTON Prom -- Thru EARLIEST AND LATEST DATES IN EACH CARTON From -- Thru RECORDS CENTER USE Ram Stock No. Thirty-nine (39) cartons records sen . to Morrisville, VT by various components of Union Carbide Corp. al . relating to Hawks l est-Glen Ferris W,V, General description follows - si ecifics attached. Project 2512 West Virginia - Hawke H :st 2 folders (Federal Power Commission License) .2 Application, licenses, & workpapers 3 4. Electro Metallurgical Co. - detail 5 New Kanawha Power Co. - detail .6 Application to Federal Power Ccnm. 7. 8. 1-1-38 1940 - 1952 M IT 1933 - 191*0 11 it 1919 - 1962 ffl 11 u 11 9 Law Records - Project 1856 - detail 10. 11. 1930 - 1964 II it n 11 12. 13 14. Applications, blueprints, corresp. engineering reports and technical reports 11 i u 11 11 SIGNATURES REQUIRED ON FIRST SHEET IN SERIES ONI Y TRANSFER AUTHORUCD *V (SIDNATURB AND TYRSD NAME| APFROVAL BY KKCORDI ADM 1HIJTRATION D ERA RTMtHT THE PERSON SIGNING ABOVE QR H IS SUCCESSOR WILL BE NOTIFIED 20'd T TT 6T:T T002-S0-D3Q C0W09A7E BgCOBQi CUCtTCB -- The Corporat* Record* Castor Ja Morrisvlll*, Vermont is a Union Carbide Facility r-r die eononic*l afn AtoHg* of inaoUvo moonIi nod a sals depository for vital wd archival raoar4. The Center offers it* atorage pe sad refercnoe eervleea to locations of the Corporation, Document* and report# stored in Moirisville will bn kept until their retention periods axpiro, when they will be deatr-oyad. TTin Center also maintains special facilities for processing and storing microfilm. HOP to i*lP HKCPEM TO THE C0RP6RATE RECOBftS CENTER 9 Refer to the R^corda Retention and Protection Manual and obtain the Section Number and Title which applies to the records you wish to send to Mnrriavllle. Record them on the front of title form In thv blocks provided, o Order Record* Cartons from th- stockroom on a stationery requisition form. You will need 1-1/0 rartone for a latter size file drawer and 2 cartons for a legal else drawer, The cartons and covers will arrive Hnu You can assemble them by folding. Pack Ihr records in the same order in which they were filed including file folders and file guides. vC llt.ljk 3 UHION CARBIDI CORPORATIOH MommvtLL l, VERMONT Order Shipping Labnl.s from the stockroom On a stAiinnerj* requisition. Prepare one label for each carton and identify them with consecutive numbers. Place one label on the unsiapied end of each carton under the handgrip. ** **r UtHII %r (PUott do not kjrcAtj tpor*) * Prepare a Records Tnnifer Msmonrotium in 4 copied sign, ind tend them to the Records Administtition Dept., 270 Put Ave., New York, New York 10017. Copy 1 will be returned to you for your file*. If the record* to be transferred we Wtel, do not use this form. See "Vital Record*'* below. Prepare a Building Service Work Order and send it with tho carton* to the loading platform where the cartons will be sealed sad shipped to Morrisville. IF YOU ARE OUTSIDE NEW YORK, order cartons, labels, and forms by letter Lo Union Carbide Corporation, Mornsville, Vermont Q&86 l. Tape the covers to. Ihe cartons, on close copy A as a packing list and ship them prepaid to Union Carhida Corporation, Morriuville, Vermont 05561. When shipping by truck, the bill of lading should read "Old Office Records - value N/X 3-1/2* per lb." net to oRwow aeconas nog the corporate eecqrps certem e Contact the Center by letter to Union Carhlds Corporation, Morrisvtllc. Vermont 05561 or by Telephone -- 802.868-3174. e Identify Yourself Dy aum, division,or department, and address. e Describe the Records you Wish to Borrow by referring to your copy ol the Records Transfer Memorandum form on which the shipment to Worrlavllle was recorded. Give ihe dote on the form, carton number Ihn record was shippod in', and the record name shown on the fom. Thee describe the specific record you want. . ' e You Will Receive the Regards Requested within 30--48 hours. MOM TO HETUSN BOBHOWCP 0 Return Full Cartons juat as you received them. Print "RETURN" on the l*bl under the address, Send the ear tone to the loading platform where lhay will he re-sealed and shippod to MorrlavfN*. m Return Leas than Full Cartons by encloaing the records in an envelope or package which is m:\rked "RECORDS RETURNED TO MORRISVILLE, VT." Sand the envelope or package by First Clad* mail to Union Carbide Corp- atlou, Morriaville, Vermont 05641. VITAL RCCORflf -- Documents and reporta necessary Tor the continued existence of the Corporation are con- eidered vHel and, when not protected by natural dispersion, are protected by sending copies to Mornsville, Then* ooplea may be the original record, a duplicate, a microfilm, or any other kind of copy, whichever4s the moat practical and economical. Records protected In this manner are assigned a Vital Record Number for reference end oontrol purposes. THIS FORM SHOULD NOT BE USED TO SHIP VITAL RECORDS TO MORRiSVfLLE. VUl Rsoord* be sent directly to Marricvllls as soon as possible after their creation or completion. No cover letter or form is needed If the Vital Record Number, location identification, *ftd data or inclusive dates of the record are clearly marked on each copy nr batch of copies. P0`d 61:T T002-S0-D3Q T SIGNATURES REQUIRED ON FIRST SHEET IN SERIES ONLY TffAN&^m AUTHOnIZRD BV IStQNATURB AND TVPCD MAMK| A^pmaVAL tv rkcokos aomanisthATION pEPAnTMCNT *"*= BCDtOAj cujMtMn *hnVF nB wSi*rr*/> Mrll.1. RE NOTIFIED ca-a P.T :CT znn?-crv-'wi COBOBATE BtCOBP* CSBTEB -- The Corporal* Record* Coslar ia Morrieville, Vermont is a Union Carbide *10 <iFacility f-'f eoonomical safe average of inactive record* and * safe depository Ter vita] end archival rooni, Th Cnut flora Its storage apace and relrroo aervleee to location* of tha Corporation. Oocueta and moort* autrad in Morrisville will be kept until their ratention period* expire, when they will be destroyed, Thu Center also maintain* aneoial (*oltitloe for processing and storing Microfilm. HOP 70 SHIP HECPEPS TO 7 COtPORATE RtCOQOS CEWTZR . a Refer to the R^cr.rda Retention and Protection Manual and obtain the Soeticn Number and Title which applies tn the record* you wish to **nd to W-vrrlsville. Record than aa the front of this form in th>` block* provided, o Order Record* Cartons from th* /lockroom on a stationery requisition form. You will need 1-1/2 I'nrtona for * totter ala* fila drawer and 3 cartons for a legal ell* drawor. The cartons and covers will arrive Hal. You can assemble them by folding. Pack the records In the same order In which they were filed including file folders and file guides. a Order Shipping Labe In from the stockroom on a stationery requisition. Prepare one label for eftch carton and identify them with cbnseuutiv* numbers. Place one label on the unstop;ed end of each carton under the handgrip. KCItl ixuXi rr )(MM TO UNION CARBIDE CORPORATION MORRtSVtLLE. VERMONT MTMUT rift c*aTeft *.|<**ve*ft 6r fPIn do lot utr (hit jpecrJ Prepare a Records Tranifcr Memorandum in 4 copies, sign, and send them to the Records Administration Dept, 270 Park ,Ave,, New York, New York 10017. Copy 2 will be returned to you for your files. If the record* to be transferred ate vital, do not use this form. See "Vital Records'* below. Prepare a Building Service Work Ordor and send it with tho cartons to the loading platform where the cartons will be seeled end shipped to Morrisville. IF YOU Afi OUTSIDE NEW YORK, order cartoas, loheJs, and forma by latter to Union Carbide Corporation, Morrisville, Vermont 05681. Tape the covers lo, Ihe cartons, enclose copy 4 as a packing 11l and ship them prepaid to Union Carbide Corporation, Morrisville, Vermont 0666 1. When shipping by truck, the bill of lading should r*ad "Old Office Records - value N/X 3-1/3* per lb." hoi to aowsow aEcana* from the corporate recorps cehter Contact the Center by letter to Union Carbide Corporation, Morrisville, Vermont 05661 or by Telephone -- 802-888-3174. Identify Yourself by nunc, division,or department, and address. " Describe the Record* you Wish to Borrow by referring to your copy of the Records Transfer Memorandum form on which the shipment to Morrisville woo recorded. Give the date on the form, carton number tho meord *aa shipped in\ and the record name shown on the form. Theft describe the spsclflc record you want, e You Will Receive the Records Requested within 30-48 hours. HQ1 TO RETURN BORBOICP RECORQ8 9 Return Full Cartons just as you received them. Print "RETURN" on the label under the address. Send the cartons to the loading platform where they will be rfi-aealed and shipped to Morrisville. a Return Leas than Full Cartons by enclosing the records lh ea onvelope or package which is murked "RECORDS RETURNED TO MORRISVILLE. VT," Send the envelope or package by First Cl**s mail to Union Csrbide Corpatica, Morrisville, Vermont 05661. VITAL RECOUPS -- Documents and reports necessary for the continued existence of the Corporation are connldered vital and, when not protected by natural dispersion, are protected by sending copies to Morcisville. The** copies may be the original record, a duplicate, a microfilm, or any other kind of copy, whicheveris the non practical ond economical. Record prouctad In this manner ore assigned a Vital Record Number for reference end oontaol purpose*. THIS FORM SHOULD NOT BE USED TO SHIP VITAL RECORDS TO MORRISVILLE. Vital Record* must be sent directly to MorrL-vUle m soon a* possible after their creation Or completion. No covef letter or fom la needed if the Vital Record Number, location identification, and dote or inclusive dates of the record are clearly marked on each copy nr batch of copies. S3 'd 0S-.ET 7002-S0-D3Q UNION CARBIDE CORPORATION DAT! H WT RECORDS TRANSFER MEMORANDUM - documents and reports 6-17-81 USE THIS FORM TO TRANSFER RECORDS TO TV UNION CARBIDE RECORDS CENTER ATMORRISVILLE VERMONT TRANSFERRED FROM: OlVIIION'OfCARTMtNT UCC RECORDS CENTER AOOHCSS LaPorte Rd. Morrlsville, VT 05661 RECORDS RETENTION * PROTECTION MANUAL REFERENCE CIVS SECTION NUMin AND 9KCTIQN TITUA AMvVlHO TO THC NKCONDV TPANIrtMIO SECTION NUMliq SECTION TITUS Havfcs Nest - Glen Ferris 3 _______ -ftr- - j CARTON NO. DESCRIBE EACH CARTON Of RECORDS TRANSFERRED BELOW RECORD NAME {At It AppMrs In Rscordi Ratonttoo M*ri PrOtseikin Manus!) ALPHABETIC OR NUMERIC CONTENTS OF EACH CARTON From Thru EARLIEST AND LATEST OATES IN EACH CARTON From Thru RECORDS CENTER USE Rew Sracfc No. 30. Misc. records - Laws, legislation FPC, WPSC, land A v&ter rights technical and engineering, equipment 31. 32. 33 Folders from WV file containing letters of past negotiations on acquisition of land & property 34. 35. Construction, engineering, & equipment correspondence \ 36. Construction - bids, proposals, specs 37. [wise. - Federal Power Act, cost schedules etc. 38/ Ledgers - Large carton - accounting, 39 cost schedules, construction 1931 - 1951 1917 - 1948 SIGNATURES REQUIRED OV FIRST SHEET IN SERIES ONLY TRANSMR AUTHORIZED *Y (5IQHATURB AND TVhCD N*MI| AtmOVAk *Y HCCOADS ADMINISTRATION DCrAHTMtNT THE PERSON SIGNING ABOVE OR HIS SUCCESSOR WILL BE NOTIFIED An niV^ BCFADC TNFCF BtPnn A MS nCCTBAVSn J.Pl'rf PFiCT TCW.-^PlOBQ CO 810 a ft7 6 PggQRPa CEBTEH -- The Corporate Recorda Coaler Lo Momeville, Vermont ia a Union Carbide Facility f~r the economical sn<i ssf* storage of Inactive records Mid a safe depository for vita] md archival roooida, The Canter ottim its storage apace and reference services le locations of tha CerparttloA. Document* d raonrt* stored in Morrisville will be kept until thelf retention periods expire, when they will be destroyed. *I>i Center also maintains special facilities for processing sad storing srieroflim. HOW TO SHIP Rtcom TO Ttlg CORPORATE RECORDS CEHTRR Refer to the Rc?tda Retention and Protection Manual and obtain the Section Number and Title which applies U) the records you wtih to eend to Womav|llo. Record them on the front of this form In th* blocks provided. 0 Order Record* Cartone from th* .'usckrooiri as n stationery requisition form. You will need (-1/2 rartona for a latter size file drawer and 3 cartons for a legal size drawer. Tha cartons and covers will arrive flat. You can assemble them by folding, Pack the records In the same order In which they "re filed including file folders and fi le guides. Lttr .... reo*eo -- 2fSP7\ a Order Shipping Labnl* from the stockroom on a stationery requisition. Prepare one lahrl for each carton and identify them with consecutive numbers. Place one label on the unstcpled end of each carton under the handgrip. wt ji'.irt TO UNION CARBIDE CORPORATION MORRISVILLE. VERMONT IIUITHIal *T too .itlatmii tPl(Mr da wi r (Aw Jperaj Prepare a Rccordt Transfer Memorandum in 4 copies, sign, and send them to the Record) Administration Dept., 270 Park Ave., New York, New York 10017. Copy 2 will be returned to you for your filet It the records to be transferred are vital, do not use this form. See "Vital Records'* below. a Prepare a Building Service Work Order and send it with she carton* to the loading platform where the carton* will be sealed and shipped to Morrisville. ,'F YOU ARE. OUTSIDE NEW YORK, order cartoon, labels, and forma by letter to Union Carbide Corporation, Morrisville, Vermont 05641. Tape the cover* to. the cartons, enclose copy 4 as a packing liM and ship them prepaid to Union Carbide Corporation, Morrisville, Vermont 03661 When shipping by truck, the bill of lading should read "Old Office Records - value N/X 3-i/2< per lb." HOW TO BORROW ACCORDS FgOlfl THE CORPORATE RECORDS CttHTEft Contact the Center by letter to Union Carbide Corporation, MorrisvllJe, Vermont 05661 or by Telephone -- 802-888-3174. > Identify Youraeif by name, division,or department, and addrea, a Describe the Record a you Wish to Borrow by referring to your copy of the Reeords Transfer Memorandum fore* on which the shipment to Morrisville was recorded. Give the data on the form, carton number the rncord as shipped in', and ih rsccrd name shown on thn form. Then deaoribs lb* specific record you want, a You Win Recalve the Records Requested within 30--48 hours. NOW TO WgTUHtt BORROWED RECOUP! o Return Full Cartons )uat as you received them. Print *`RETURN" on tha label under the addrean. Send the carton* m tha loading platform where they will be re-sealed and shipped to korrisviU*. Return Lass than full Cartons by enclosing the records in an envelope or package which Is marked "RECORDS RETURNED TO MORRISVILLE, VT." Sand the envelope or package by First Class mail to Union Carbide Corpatloo, Morrisville, Vermont 0368 l. VITAL RtCOWnt -- Documents and reports necessary for the continued existence of tha Corporation are con* sidared vital and, whan not protected by natural dispersion, are protected by sending copies in Morrisville. These copies may be the original record, a duplicate, a microfilm, or any other kind of copy, whichever is the moat practical and economical. Records protected In thio manner nre assigned a Vital Record Number Tor reference and oontrel purposes. THIS FORM SHOULD NOT BE USEO TO SHIP VITAL RECORDS TO MORRISVILLE. Vital Raoords must b sent directly to MorTievillo as soon as possible after Iheif creation or completion. No cover latter or form l* needed If the Vital Record Number, loention identification. **d dale or inoluaive dates of the record are clearly marked on each copy nr b*foh of copies. Q ' _J d7>CT Tr*CV-CIX--|3A T HAWKS NEST - GLEN ITEMS shipment to Elkem ITEMIZED LISTING by carton T 3.6 NEW-KANAWHA POWER COMPANY (Now Electro Mptalluret cal r.n ^ S .61 Incorporation - Committee on New Kanawha Power Co. Affaii Dissolution - Reorganization of power Department. S .612 Financial Estimates 1927 through 1937. Yearly & Monthly Research Projects. Retarded Construction Program. Construction Budgets. .6120 s .6121 s .61210 y .62 Invoices - Requisitions. Payroll - Expense Accounts - Employment Personnel. Work Orders. Applications for positions. Positions in other companies. .63 Weekly Reports - Construction, etc. See Book, y .64 Plant Balance Sheet and Summary of Charges to Operation. Miscellaneous Financial. Cost of West Virginia Plant. Accounting Instructions. Property Accounting. t/ .69 S .690 General - Medical Services - Sanitation. see 3-90- For Housing Insurance - Surety Bonds, etc. S .691 y .692 Rates - Public Service Commission - Typical Rates in West Virginia - Sales of power - Sale of Boomer Elec, to Appalachian E,P. Co. (See also 3-702, 1930-34) SILICOSIS ' / .6921 y .69211 s' .69212 Industrial Hygiene in Tunnel Work. 1936 Study. Mortality Statistics Tunnel Ventilation - Carbon Monoxide - Landis. Rinehart and Dennis Fatal Accidents. .69213 Non-Fatal Accidents - McClintic Marshall. y .69214 y .69218 Insurance - Compensation. Silicosis Literature - Discussions - Addresses - Committei Societies. s' .`6922 .69220 Suits. Summons - Silicosis Suits. 0T'd 1/ Transferred to Vermont T tt . 12RZ-S0-33Q IT'd "W101 3.69221 S .69222 .692222 ^ .692227 ^ .692228 ^ .692229 ,,/ ^ .6928 .692BI / .6929 i/ .69291 Attachments, Silicosis Suits. Trials., Silicosis Suits - Testimony - Briefs - Experts. Lilly & Lilly Records of Plaintiffs, Silicosis Suits. Work Records. Mr. Davis' Notes on Silicosis Suits. General Material Under Trial of Silicosis Suits. List of Suits. Insurance in Connection with Silicosis Suits. Accounting. Fees, Expert Testimony, Silicosis Suits. General - Rock Samples. Newspaper Clippings, Silicosis Suits. 1936 Magazine and Newspaper publicity. 3.7 TECHNICAL AND ENGINEERING SIDE OF WEST VIRGINIA POWER DEVELOPMENT 70 ^ .701 Electro Metallurgical Company Power Output at Glen Ferris, Discharge through Turbines, Gauge Readings, Water Elevations, etc. Equipment at Glen Ferris Plant, Dam. (Turbines -'See 3*761 also.) .702 n YUS1 ^ .709 Industrial Plant at Alloy. Utilization of Power, Cost Estimates, etc. Cabin Creek Assessment. Dock - Dike, Advertising Signs. Boncar. -Hi rn'TTTTTi, 1 1111 Pln^ti, - General - Electro Metallurgical Company. Watchman. A.T.&T. Co, (For Housing see 3-90) (See also 3.7688 March 7 to September 16, 1932 for A.T.&T. Co.) .72 Companies Other Than Electro Metallurgical Company ` .721 Wil^son-ftlmilnum Company - Great" Kanawha Rly.er_Dam. permission_of Sec'yT of'Tflar"2-27"99 to build Dam. r722 -----Carh1.de fo-Carhon Chemical--Gompany-r Transferred to Vermont T Date: 03/01/98 Rev. Date: POLICY Records Management Page 2 of2 Section IX - Administration Subsection 2. Record Retention Policy Prepared by: Legal Approved by: /0 . ^ Doc. No.: 2.1 A. C. LaRussa/fLA- Rev. No.: 0 Duplicate and Electronic Copies This policy applies to all copies of Company records, including photocopies, microfiche or microfilm, computer floppy or hard discs, and tape drives or other electronic media, whether located in individual offices or employees' homes. No physical or electronic copies shall be retained in excess of the prescribed retention period. Personal Records Employees frequently maintain various forms of personal records, such as electronic or desk calendars, phone lists and the like. No specific retention schedules are established for such records, but a good rule of thumb is to destroy these records after a two-year retention period. As noted above, however, all copies of records subject to the attached retention Schedules are themselves subject to the Schedules, whether maintained in formal Company files, "personal" desk files, or otherwise. Administrative Procedures Each operating unit shall, under the direction of its controller, develop and implement written procedures to comply with this policy. Such procedures shall ensure the identifiability and retrievability of records and shall properly protect their security and confidentiality. Procedures shall provide for periodic audits as appropriate to ensure compliance with this policy. Schedule Attached Elkem North American Division (1 a fte r e x p ira tio n o f appeals o r tim e fo r f ilin g appeals) case by case basis (as determined by General Counsel on a (10 a fte r s a tis fa c tio n o r te rm in a tio n ) H (20 olus review bv General Counsel) RETENTION PERIOD (20 olus review bv General Counsel) 1 rr RETENTION PERIOD a. CL Q_ o. a. CL a. a. CL a. : i Ill Q Ui X o c n V i<0 T3 u 91 L. .8 4-4 o 4-* .x 8 > 44 91 4- o e Q a c ** mg 44 B u5 4-1 ** o 4-4 1/1 u S fS g o o +4 o o 4- 40 CO 4-* o 1 o <0 i t-- a aB i. m v> +4 o IB 91 g s >. 0) 4-4 o ft 4- i- a 01 N| 40 <0 u T3 c 0) 510 9) 91 a 10 91 u 3 + 44 (/I u o 44 u >4 0) a a o u c 40 ft o 44 o * 0) 4-> 0) 4- 4-4 10 u (J u- (0 L 0) X +4 o 4*> a c M u +4 L ft 9) g U C o o c3r s 4-4 u 40 9) u (A o t- a> p^ p-- uo <0 u. -- 10 0) O 4-4 91 u c 0) c uo a 01 o o o u 10 a 0) t*- c 3 91 4. u T3 .0 M L r-- ft M 4-* u 4-4 C O o 40 c pft +4 o 4- **" 4- M ^-- u o 3 * 3 <- X 3 4) W c o > C 41 C ft > o oK ft 44 <j o in Z g < 4/1 a. < < O c ft 40 01 9) C 8. 91 u ft > o 40 oc 91 c 4-* o UJ 44 C +4 2 0) 40 u k. oi c ft c a. 40 o< L U o o co cn p> TJ 3 pft 4-4 4-4 4-4 o 4- C OM 9) 4-4 *-< c r" UU _C 0) 3 a oc -JO. ft XI 10. 13. <- (Si fO r m *x r*- CO CJl SI GO - <V| rT rr SCHEDULE 1 (continued) Page 2 SCHEDULE 2 PAGE 3 rr The Corporate C o n tro lle r w ill annually issue a d ir e c tiv e o u tlin in g the s p e c ific years to be destroyed. 1----t SCHEDULE 2 (continued) Page 4 Page 5 JLE 3 x> -- Va >0 u me o ao aLaeJ. * a. V -> -- n O > --C E 0) 4>)1 QUO " 4-> Q. a. i-n> u E B a*--.* a. c 0 +<4a c 1 0) >- ae 63 4-j a-> t_ 4> LU ae oOO u 0U<11a1 U>o4a*-- <44-4 40 oX ofO a--.'U<0 e 0 4-1 c 1 V f*-"K' 4-u4*-1 40 f*- (3 a fte r superseded) u sV: X 1 Ol c V 0> u ul u o s3. U VOl oc VI uV *444>1- TJ V w-- 0) i0 u ui Vo. VI u V CM C VI T3 VL. oe1 4O4441 *D E 4l_- CM (cJ 4-4 .V3I V) ISi TuKJ| ft 0-->. Vn)- strt 4cV-* o 4- 4> (A 4EsJ foe c 0Eco1i V) *Ocl VaI c VI 10 v> 4cce>->4 o cc VI >4c -- Ol VO "--O -- O V* *B uO TnJ Ma tvo c o -*w VI ru- V) T1orJ0- C c Wi 01 o a o> 01 U 01 44 01 40 C ^ r-- 40 ox- --> - T--J C U -- u 4-t V -oci fL- va. r--in- 3 O <0 --OC *IQ4 C U 44 -b- VI 4c-* VE VI ufsO 40 VI V 4u-4 Q vi C *j w O <A 0u) 0c) ac> S 4c-4 V(cJ W4C) O U oc l_0 V c. cC <30 --c 0u> m> <Ool u 40 c u VVI -""V3coQIv T(VJ.I UUu 0ocV--I 4-4 ifU3 0 01 c c -- &e 2 aE. vu e<*- f--<a tw--j TCJ VacI VI VI 1Bc^so o o -o 4- <4-c4 a, 4uo4 Vo t. > --oQ3 <*- CO S < VI 4u-4 o u o 4-4 5 Xm (4. C u V o UJ 1 TJ I4J o. VI uu TJ Vu c cq55>i ^ 1 VI B i0 < -- 40 43 o< iT> o <J> CM <o M- C VI 0 TJ 0c1 u z1 o 4V4 "O 4- >_. 6 c 40 B I u LO rr SCHEDULE 3 (continued) Page 6 < CO - CM (O TT PERSONNEL RECORDS Wage and s a la ry surveys Census re p o rts and headcount comparisons Employee handbooks PAYROLL DOCUMENTS Employee earnings records Labor d is trib u tio n cost records P a yro ll re g is te rs (gross and net) Unclaimed wage records Employee deduction a u th o riz a tio n s Assignments, attachm ents and garnishments Time cards and sheets PENSION RECORDS Pension plans and a ll amendments th e re to Pension plan determ ination le tte rs Records o f employee s e rv ic e and e l i g i b i l i t y fo r pension (in c lu d in g hours worked and any breaks in service) | Required personal in fo rm a tio n on employees and form er employees. (Name, address, s o c ia l s e c u rity number, period o f employment, pay: h o u rly o r s a la ry ) Records o f plan a d m in is tra to r s e ttin g fo rth a u th o rity to pay Records o f pension paid to employees o r th e ir b e n e fic ia rie s o <o o. Q. tN. 10 CM Q. & a. o_ o_ RETENTION PERIOD RETENTION PERIOD (4 a fte r te rm in a tio n ) (3 a f t e r payment o r s e ttle m e n t) RETENTION PERIOD (6 a fte r fin a l payment) AO rv u - CM m 10 AO o TT SCHEDULE 3 (continued) PENSION RECORDS Reports o f pensions o r pension plans f ile d w ith the Department o f Labor o r the In te rn a l Revenue S ervice Page 7 RETENTION PERIOD (6 a fte r filin g ) II SCHEDULE 4 Page 8 -< N m IO rs 03 - esj u - <SJ FT O. o_ a. Q. O, a. a. Workers compensation Product lia b ility Umbrella Property INSURANCE POLICIES RETENTION PERIOD f M i_ u <D aO 4-> a t> cD (I U o 19 Other 3rd p a rty Issued on b e h a lf o f Company Issued To Company CERTIFICATES - m Q. RETENTION PERIOO A c tiv e employees R e tire e s ! HOUP INSURANCE PLANS AUDITS OR ADJUSTMENTS RETENTION PERIOO ( u n t il plan Is amended o r te rm in a te d ) (P o r u n t il 6 years a fte r death o f la s t e lid ib le participant) (2 a fte r fin a l adjustment) 11 CLAIMS FILES (in c lu d in g correspondence, medical re c o rd s , in ju r y docum entation, e tc .) Workers compensation Product 1i a b i l 1ty 8 5 Q. s i UJ >-- UJ at [1 0 a fte r close) ll (open - no lit ig a t io n , 5 a fte r la s t correspondence or contact w ith claim ant) a UJ - (SI Page 9 to wo ieath] (01) 4u-i c oO ou 0) c-- T3 0) 0a Qi0un1. ~Vc-) Ou --4X- 4V-) *" u 40)* <<40- sn 4uu<co-0 to. 4) c> T3 t<aI4kuf.)l.rTma(3U <0 utl 4-* >440W) w uo +c4 9E 4u^ 4oi-_4 +cta0u4.) u *4<0- o W Vton U 4i4-.> 40 U) iNn o 0 SCHEDULE 4 (continued) vt Q* s UJ s V) a tU/J) UJ $ UaJ. M(O_AJ </) ae z< >> 4-* -- >. u .4f0l] <u0 4(-4) a. TmL5 x141_ o TO J= 4o- O) ocJ 144-1 0Ot3- CO *T m CO u. uj 3* - rr Page 10 RETENTION PERIOD r itte n approve! o C ontroller) RETENTION PERIOD w ritte n approval C o u n s e l) w ritte n approval C o u n s e l) w ritte n approval Counsel) in c 3 O <_) L 41 C 1 VS _ <*. a. o K>a u CL a. <o M 'a. (d ) fc> <0 l_ oa. L. O a 4- u <0 9 +J <0 cn 91 to u 0) 4- 4 B 3 4-* C7I 1_ >. O. o <j _ o L- ^ ST o < a L. 3 4-> '-- a +* c 4i 4-> <0 o L 4> C 4) O o <>a o -- l_ -- Q. 41 CL M c 3 co 41 <-> L* 4- L S 91 3 "a o a L V c 4) VS 4o 93) Q. O a l_ u>0 41 41 CC 41 4) <S IS t*. oo oL4>0. r^- CdL 40 43 9c3) 4c0->) oo 4-J U * 91 3 a. o 9) 3 o. o 4) L L41 41 CC 41 41 <S VS 4- oO oU<>0- -- CaaL. ie4n1 c +44->1* U U B 931 CL O 931 CL O <u JLE 5 lic e n s e es 93) 4c<Q1 UM03 E "Oc >. * 4- a/> 8 > <u*- 4V-tI o> u at 9) t <a sQ COL <*- O a. c cV* F-- -- e S 4- M 40 +* a V) * ~9oi a 41 TJ c U TD O 4) 1 91 u >> U <0 4) *-* O 4> U 4^ 4) w 4a). o V) c(0 Ol 0*} +<J0 * OL C 4) a 4) a. c*-- O 4-> v> 41 4-* <0 S? L- 3 *-- L U X *-- U TD a. Li- 01 4-1 40 4i 4-> 4J TD *F-- u 4-* 41 4- 91 <0 V) TcD 40 ac *r +J 4- 10 u aqj c9) v> 41 O 91 aa *4 c i_ u a z Q a. 1 - LJ UJ a a < 91 .C n Ol sL 40 M <0 "O w 9> 43 a C 91 L. U 40 a O at <J v> i_ c IOa L* cc cU 91 SI u S 4> TD (O Lc * 91 VI X 91 C 91 4- 4c4 4) 44 9) 91 z CL 4*. 3 !_ c10 U ou X __l o CD- a. <-N cn i/1 <6 as - M m 1/1 ifl Page 11 SCHEDULE 5 (continued) u tfl u- a > a. - 8 & (A *c CO -- ae UJ ae L (A O N o ae UJ a. Om ae UJ ae a. (3 0 ) o m o CSJ VI 3 a. 44 CL. o m Q_ a. E o & o 01 c o _J o t at a! & UJ > 9 u U o 01 V) 01 01 d 01 L. T3 C Q *0 T3 c a o Q_ U 3 o o u a. 4J a a u w a o VI u L. C c u 0) vi 3 <0 3 c c a _C cn 3 >-- <J UJ c 5 w <A =1 4> c E (A L. V 4-* VI a U IQ C o VI u 01 a. 0) N a u ou >0 44 1_ c 3 3 (71 CC V) T3 c uo o 0 44 C .* cc <0 44 V) c <0 c 4J o VI v> +d 4-4 V) a a <0 VI <0 </1 3 o +4 g e o V) r-- o ,(* <0 u M 40 +4 i0 01 o U 3 -C V* o (J 01 u at o 4- C c a O c 0) F w~ X1 > -C .Q c e c 3 V) M VI o IO u c> |Q 0) o i o> o o o 4- c 40 4-4 44 44 VI <0 44 C u CT v> u u n o o o o CE 01 01 <0 u --u *J o J3 3 VI r-- E .a 3 0) u -S c u 3. l/t u r-- ai r c > > o 0 0) Vi </) a> (0 oi (A O v- l_ Q a c a . t- u c 0) A a. a. F UJ cF IQ UJ Q. c 40 o a 0) *J _ ae o o <o -Q O ao 10 .a T7 40 T3 c V) 40 44 u c 10 V) c 4- o V) VI u 4-> & VI VI c c c Q. 01 U 44 40 40 c o r*** i_ co <0 a> o u3 4) ai VI u c T7 oO 44 T5 u C 4-> 01 40 u aa (71 *n u- C 3 o u V) VI o o V) 01 c o o oc 01 z 4Q --. uo 40 o u u u 10 u . <0 <D o> o- M m un TT SCHEDULE 5 (continued) Page 12 -- 4- t3 r-r --*ia-n>* -*oo 4-> JL3. C =i SCHEDULE 5 (continued) Page 13 UJ - QUALITY CONTROL AND INSPECTION Insoection and te s t records Customer s e rv ic e records Eauioment and instrum ent c a lib ra tio n records M aterial s u b s titu tio n records Supolier Q u a lity data Consumer com plaints Sunmary o f consumer com plaints (01) (01) (01) a. m RETENTION PERIOD ( W_____________________ ____________________ (10) (90 days) V) TU3 O ou n "ooO O) Wcu3Q aa> m CO TT SCHEDULE 6 Page 14 rr o - CO kS> CJ - <SJ CO SCHEDULE 6 (continued) PROCUREMENT MATERIAL CONTROL Purchase order re g is te r Vendor file s (re q u is itio n s , purchase o rd e rs, quotations, correspondence) Inventory control reDorts P roduction schedules Freight b ills B ills of lading, w aybills F re ig h t claims Household moves Rates and t a r if f s TRAFFIC AND TRANSPORTATION Page 15 RETENTION PERIOD 0 CO CO RETENTION PERIOD (2 a fte r d e liv e ry ) (2 a fte r settlem ent) (3 a fte r move) (1 a fte r superseded) || r-r >, ca o w 4- o >, 4-> .a a at c > c a> -o in i_ 4) *- 4-> V u - (SI N CO - <S| m < Cvj o"> n SCHEDULE 7 LETTERS TO BE DESTROYED WITHIN ONE YEAR Routine le tte r s end notes which re q u ire no acknowledgment o r fo llo w -u p , such as notes o f a p p re c ia tio n , c o n g ra tu la tio n s , le tte r s o f tra n s m itta l and plans fo r meetings Form le tte r s which re q u ire no fo llo w -u p Copies o f in te rd e p a rtm e n ta l o r o th e r company correspondence where a copy o f same w i l l be in the o rig in a tin g department's f ile L e tte rs o f general in q u iry and re p lie s which complete a cycle o f correspondence L e tte rs o r com plaints requesting s p e c ific a c tio n which have no fu rth e r value a fte r changes are made o r a c tio n taken (such as name o r address chanqel Other le tte rs o f inconsequential subject m atter or which d e fin ite ly close correspondence to which no fu rth e r reference w ill be necessary Chronological correspondence file s LETTERS TO BE KEPT FROM 1 TO 5 YEARS L e tte rs e x p la in in g but not e s ta b lis h in g company p o lic y Letters re la tin g to establishing credit C ollection le tte rs a fte r the account is paid Quotation le tte r s where no co n tra ct re s u lts LETTERS TO KEEP INDEFINITELY OR FOR THE LIFE OF TiC PRINCIPAL DOCUMENT WHICH IT SUPPORTS Letters pertaining to patents, copyrights, b ills o f sale, perm its, etc. j Letters which c o n s titu te a ll or a p a rt o f a contract or which are important in the cla rifica tio n 1 of c e rta in points in a contract (I) 40 1 E- -- m to Page 16 RETENTION PER100 (1 ) (i) RETENTION PERIOD Page 17 S l1 2 43 at -o > --<c4 ~0 a> <7> c -->u> '----a3> >> 3 SCHEDULE 7 (continued) x> D