Document wqrXGvkBwjK4r89aQNZXb7OQd

Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 1 1 IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT 2 MADISON COUNTY, ILLINOIS 3 4 ALL ASBESTOS LITIGATION FILED BY THE SIMMONS FIRM, L.L.C., 5 Plaintiffs, 6 vs. 7 GEORGIA-PACIFIC, et al., 8 Defendants. / 10 11 12 VIDEO DEPOSITION OF: C. WILLIAM LEHNERT 13 DATE: 14 October 3, 2001 TIME: IQ:49 A.M. to 2:22 P.M. 15 LOCATION: Sanibel Harbour Resort 16 17260 Harbour Pointe Drive Fort Myers, Florida 17 TAKEN BY: Counsel for Defendant 18 19 BEFORE: Georgia-Pacific Corporation Sheryl L. Akerley, RMR Notary Public 20 State of Florida at Large. 21 22 23 (f Q 24 25 > r mm im iin inmiiiii i--iimi n 800-333-2082 mni umi maiaaiMwwjjiu Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 awmijeui-ummami Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 1 APPEARANCES: 2 OaBehilfofthcPUloiiftk: 3 The Snnmoo* Firm, LLC. RlxxfcU A. Botx\ Enquire 4 WUlUm A. Kohibura, Esquire 30} Evans Aveooe 3 Wood River, lUiaou 32093 (6(3) 251-2222 6 On Behalfof the Defendant Oeorgia-Ptctfie Corpoatioa: 7 Nelsoo Muttim Riley A Scttbotoegh, L.LP. 8 lulia Bennett Jigger, Esquire Fint Union PUzt. Suite 1400 9 999 Peachtree Street, N.E. Atlanta, Geotgia 30309 10 (404)817-6287 U Johdaoa Tomlin A Johnson Virgmia Esttey Johnson, Esquire 12 4770 Biscay** Boulevard, Suite 1030 Miami, Florida 33)37-3231 13 (303)438-9899 14 Boroughs Hcplef Broom MacDonald Hebtink & True lefftty S. Hebreok, Esquire (5 103 W. Vandalia, Suite300 EdwtrfeviUe, Illinois 62025 16 (613)636-0184 17 On Behalfofthe DefeodanCUSX Corpocittoo: 13 Winderweedle, Haines, Ward A Woodman* PA. Robot P. Major,Esquire 19 1500 NaEoeaBecJtCenter 390 North Orange Avenue 20 Otfaodo. Florida 32801 (407)246-8661 21 Oo Behalfofthe Defendants Uoloa Carbide 22 Corporation and Certain-Teed: 23 Heyl Royster VodkerA AKea Kent L. hotter, Esquire 24 MmkTivaln Platt 11, Suite 100 103 West Vandalia 25 Edwardsvilte, lUinoiS 62023 Page 2 J AFPEAXANCES (Coat'd.) 2 OaSehalfeftheDcftidaBUSeaa Roebuck A Cocotuny t*d Co&jutat* Corporation; Kucwdd A Bjtiloy, P.C 4 Can* & Bailer. Eaqeite 24 ffroorePoatt 5 Swanao, ItEnois 62226 (613)277-5300 6 Ot Bdutfof tkaDeftftdaot ACaadS: 7 Dice. Cele; Gtafty, c* at 3 Gary L. Saadco, Eaqatre 1333 S.E. 25 Loop 9 Ocala, flotvia 34473 (352) 732-2255 10 Ob Behalfof the Defendam Join Cnee 13 Dauri J. 0*CMtidi A Asaodaaea 12 Jttott M. Walsh, Eaqofro 2I7N.McLma (J Elgin, Ulbsta 60123 (347)741-4603 14 Also Preset*: 15 Joe fetches'. Videngrapfacr 16 17 INDEX OF EXAMINATION U By Ml lafger-Pages l, 107 19 By Mr. Bob#-Pages 4J. 101, !}2 By Mr. Kctfou* fage 60 20 By Mr. Win-rags 79 0yMLGeM.fagcslQ0.lt* 2J 22 DEFENDANT GEORGIA-PACIFIC EXHIBITS 23 CompositeA -123 pages offenaulas (8 24 B Asbestos-cooUtiuag formulas 24 25 PAGE 10/3/2001 Page 4 1 APPEARANCES (Cont'd.) 2 On Behalfofthe Defendant Union Carbide: 3 Foley A Lardner Trovor J. Will. Esquire 4 Firstar Center 777 East Wisconsin Avenue 5 Milwaukee, Wisconsin 33202-5367 (414)297-5536 6 On Behalfofthe Defendant Scapa Dryer Fabrics: 7 Hawkins A Parnell, LLP 8 S. Christopher Collier, Esquire 4000 Suxitrust Plaza 9 303 Peachtree Street, NJL Atlanta, Georgia 30308-3243 10 (404) 614-7400 11 On Behalfofthe Defendant Certain-Toed: 12 Shea ft Gardner Elizabeth R. Geiao, Esquire 13 IWOMasacbuwtU Avenue, N.W. Washington, D.C. 20036 14 (202)828-2177 15 On Behalfofthe Defendant Mt. Vernon Mills, (nc^ 16 Kaaowitz, Beoson, Torres ft Friedman, LLP Jason C. Odom. Esquire 17 1360Pead)treoStreet,N.E.,Suite 1150 Atlanta, Georgia 30309 18 (404) 260-6080 19 On Behalf ofthe Defendant 3M Corporation: 20 Richtnan Greer Weil Brumbaugh Mirabilo ft Christensen 21 Mark A-Romance, Esquire One Oearitke Ceooe, Suite 1504 22 250 Australian Avenue South West Palm Beach, Florida 33401-5016 23 (561)803-3500 24 25 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page5 THEVIDEOGRAPHER: My name is Joe Pitcher, videographer. Today's date is October 3rd, 2001. The time is 10:49 a.m. This is the video deposition of C. William Lehnert being held at Sanibel Harbour Resort, 17260 Harbour Pointe Drive, Fort Myers, Florida in the case of All Asbestos Litigation filed by The Simmons Firm, LLC versus A.P. Green Industries, Incorporated, et al., defendants. The court reporter is Sherie Akerley. Do you all want to state your names for the record? MR. BONO: And who they represent, please. , THE VIDEOGRAPHER: And who you represent / And do you want to start right here at the comer right here? ; | MR. MAJOR: Robert Major, USX Corporation. MR. BONO: Randall Bono, plaintiffs. MR. KOHLBURN: William Kohlbum, plaintiffs. MS. JAGGER: Julie Jagger, Georgia-Pacific. MR. HEBRANK: Jeff Hebrank, Georgia-Pacific. MR. COLLIER: Chris Collier, Scapa. MR. ODOM: Jason Odom, Mt Vernon Mills. MR. WALSH: James Walsh, John Crane. MS. GEISE: Elizabeth Geise, Certain-Teed Corporation. 2 (Pages 2 to 5) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 6 Page 3 I MR. PLOTNER: Kent Plotner, Certain-Teed 2 Corporation and Union Carbide Corporation. 3 MR. WILL: Trevor Will, Union Carbide 1 Illinois, although it doesn't have a case number to 2 it. 3 MR. PLOTNER: And Randy, can we stipulate j 4 Corporation. 4 that an objection by one is an objection for all? 5 MR. ROMANCE: Mark Romance, 3M. 5 MR. BONO: No. 6 MS. JOHNSON: Virginia Johnson, 6 MR. PLOTNER: No? State your objections? 7 Georgia-Pacific. 7 MR. BONO: State your objections. 8 MR. BAILEY: Curtis Bailey, Sears Roebuck & 8 MS. GEISE: Everything but form of the 9 Company and Congoleum Corporation. 9 question reserved? I 10 MR. SANDERS: Gary Sanders, ACandS. 10 MR. BONO: No. i 11 THE VIDEOGRAPHER: The court reporter may 11 MS. JAGGER: Does anyone object if we have 12 swear in the witness. 12 Mr. Lehnert sworn in again so that we have a -- 13 MR. BONO: Before we do, first I want to put 13 MR. BONO: No. 14 on the record that we are cancelling the discovery 14 MS. JAGGER: -- a nice record for the video? 15 deposition that was to precede the evidence 15 MR. BONO: Do we unswear him when the 16 deposition. 16 deposition's over so we can get him back to normal 17 (Witness sworn.) 17 life? 18 MS. GEISE: Can 1 ask about stipulations for 18 C. WILLIAM LEHNERT, 19 objections before we start? 19 called as a witness by the Defendant Georgia-Pacific 20 MS. JAGGER: Yes. We may want to swear him 20 Corporation, having been first duly sworn, as hereinafter 21 again and make some general statements. This 21 certified, was deposed and said as follows: 22 deposition is being taken pursuant to Notice filed 22 EXAMINATION 23 by counsel for plaintiffs and cross noticed by 23 BY MS. JAGGER: 24 Georgia-Pacific Corporation. By agreement of all 24 Q Good morning, Mr. Lehnert. Could you state 25 counsel, the deposition is limited in scope to the 25 your full name for the Court andjury, please? Page 7 Page 9 l following issues. First, the use of Union Carbide 1 A Charles William Lehnert. I go by Bill. 2 SG-210 asbestos in Georgia-Pacific products. 2 Q Okay. Mr. Lehnert, as you know. I'm Julie 3 Second, authentication ofGeorgia-Pacific 3 Jagger and l represent Georgia-Pacific Corporation. I'm 4 product formulas containing Union Carbide SG-210 4 going to be asking you some questions this morning, and 5 asbestos. These formulas were given to 5 then there will be some other attorneys who will ask you 6 Georgia-Pacific, Ccrtain-Tccd and Union Carbide 6 some questions as well. 7 counsel by plaintiffs' counsel in advance ofthe 7 Can you tell us first, please, ifyou are 8 deposition. 8 appearing here today voluntarily at the request of 9 And third, limiting -- limited questioning 9 Georgia-Pacific Corporation? 10 regarding the relationship between Bestwall Gypsum 10 A Yes. 11 Company and Certain-Teed Corporation. 11 Q Okay. Were you aware prior to the deposition 12 MR. BONO: One clarification. Although we 12 that the questions today would be primarily limited to S3 gave you the formulas, those were formulas that you 13 matters relating to the use ofUnion Carbide SG-210 54 gave us in discovery. 14 asbestos in Georgia-Pacific products? 15 MS. JAGGER: Correct. The formulas are from 15 A Yes. 16 the files and records ofGeorgia-Pacific 16 Q Mr. Lehnert, how old are you? 17 Corporation, and that will be established through 17 A Seventy-three. 18 the witness, but I just wanted it to be clear that 18 Q And where do you live? 19 these formulas are not being seen by the attorneys 19 A I live at 14111 Mystic, M-Y-S-T-I-C, Seaport 20 here for the first time, they were distributed by 20 Way, Fort Myers, Florida 33919. 21 plaintiffs' counsel in advance ofthe deposition. 21 Q Are you retired? 22 MR. BONO: And also it should be pointed out 22 A Yes. 23 that the videographer, although he mentioned this is 23 Q When did you retire? 24 for The Simmons Firm, this is in the Circuit Court 24 A In August of 1990. 25 of the Third Judicial Circuit, Madison County 25 Q Have you lived in the Fort Myers, Florida 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 3 (Pages 6 to 9) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 10 1 area since your retirement? 2 A Yes. 3 Q Okay. From what company did you retire? 4 A Georgia-Pacific Corporation. 5 Q Since your retirement in 1990, have you done 6 consulting work for Georgia-Pacific? 7 A Yes. 8 Q Can you tell the jury what types of 9 consulting work you have done for Georgia-Pacific? 10 A Yes. I have testified in litigations such as 11 I'm doing right now. 1 have testified in some trials. 12 and I have provided other technical assistance to 13 Georgia-Pacific when they have asked. 14 Q Has ail ofyour consulting work related to 15 asbestos matters? 16 A No. 17 Q What other types ofmatters do you consult 18 for Georgia-Pacific on? 19 A They call me from time to time to ask 20 questions about different products based on the fact that 21 i have a background in the technical aspects ofthe 22 business. I have also gone to the research laboratory 23 and collated some documents for them. One particular 24 case it was on.water resistant gypsum board. And I have 25 testified in a patent infringement case. Page 12 1 A Chemist. 1 2 Q How long were you employed by Certain-Teed 1 3 Products Corporation? 1 4 A Until May of 1956. 5 Q Throughout that time of 1951 until May of 6 1956, were you always a chemist? 7 A Yes. .1 j 1 8 Q Okay. Who was your boss at Certain-Teed? a 9 A Originally it was Gilbert Hoggatt, 1 10 H-O-G-G-A-T-T. 11 Q And then did you have another boss 1 12 subsequently at Certain-Teed? 13 A Yes. 14 Q And who was that? 15 A Clarence Shuttleworth. 16 Q Okay. Are either Mr. Hoggatt or | 17 Mr. Shuttleworth alive today? 18 A No. 19 Q During the years that you worked for | 8 1 20 Certain-Teed Products Corporation did you do any work 21 with joint system compounds? 22 A Yes. 23 Q And before we get into that, could youjust 24 explain generally to the jury what joint system compounds 25 are? Page 11 1 Q Okay. Why were you asked to maintain a 2 consulting role for Georgia-Pacific when you retired? 3 A I was involved in the technical part of the 4 gypsum business for my entire career, and when I retired 5 I was the manager ofthe Product Development & Technical 6 Service Department and had held that title for some 7 number ofyears. 8 Q Did you attend college, Mr. Lehnert? 9 A Yes. 10 Q Where did you attend college and during what 11 years? 12 A Let's see. 1945 I got some college in an 13 Army specialized training program that was held in 14 Virginia Polytechnic Institute. They just call it 15 Virginia Tech now. And I went to Georgia - went to 16 Grove City College, and also to Pitt some summers, and 17 graduated from Grove City in 1950. 18 Q Okay. With a degree in what subject?. 19 A Bachelor of Science degree in -- major in 20 chemical engineering. 21 Q Okay. Can you tell thejury where you were 22 employed in 1951? 23 A I was employed by Certain-Teed Products 24 Corporation. 25 Q What was yourjob title? Page 13 1 A Joint system compounds are products that are 2 used to tape and finish thejoints on gypsum wallboard. j 3 They are also used to conceal the dimpled nail heads, and 4 to cover the comer beads in gypsum wallboard 5 construction. 6 Q Okay. When you were employed by Certain-Teed 7 Products Corporation, what work did you do that involved 8 joint system compounds? 9 A 1 was asked to assume the responsibility for 10 the formulation ofjoint system compounds. n Q Did thosejoint system compounds contain 12 asbestos? 13 A Yes. J 14 Q What was the purpose of asbestos in the 15 products? 16 A The asbestos would absorb a lot ofwater 17 which enabled the product to be able to be handled and 18 applied more easily than if the asbestos had not been 19 presait. 20 Q Now, in May of 1956 by whom did you become 21 employed? 22 A Bestwall Gypsum Company. 23 Q How did that come about? 24 A Certain-Teed spun off the Gypsum Division and 25 called it Bestwall Gypsum Company. 4 (Pages 10 to 13) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704)372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et ai. C. William Lehnert 10/3/2001 Page 14 1 Q Okay. Were you still a chemist at the time 2 that you began employment with Bestwall Gypsum Company in 3 May of 1956? 4 A Yes. 5 Q Was Mr. Shuttleworth still your boss at that 6 time? 7 A Yes. 8 Q Okay. And how long were you employed by 9 Bestwall Gypsum Company? 10 A From 1956 to 1965. 11 Q Okay. During your years at Bestwall, did you 12 have any changes in yourjob title? 13 A Yes. 14 Q Okay. What change and when did that occur? 15 A In 1960 a small research group was formed and 16 I was appointed the working group leader. 17 Q Okay. During your years with Bestwall Gypsum 18 Company were you still doing work onjoint compound 19 products? 20 A Yes. 21 Q Okay. As a group leader beginning in 1960, 22 were you involved in the development ofany newjoint 23 compound products? 24 A Yes. 25 Q What products? Page 16 | 1 A We became the Gypsum Division, which was a 1 2 part of the Building Products Division of 3 Georgia-Pacific, 4 Q Okay. Did you work for the Building Products 5 Division or the Gypsum Division? 6 A The Gypsum Division. 7 Q And did you always work for the Gypsum 8 Division during your years at Georgia-Pacific? 9 A Yes. 10 Q Okay. What were generally the products of the 11 Gypsum Division ofGeorgia-Pacific? 12 A Gypsum wallboard, which some people call 13 sheetrock. Firestop, which was a fire rated gypsum 14 wallboard product. Tile Backer Board, which was a tile 15 backing product of Georgia-Pacific, 16 Q So board products, and what else? 17 A And joint compounds and textures. 18 Q Now, when you began employment with 19 Georgia-Pacific in 1965, what was yourjob title? j 20 A I was -- 1 think the title was changed to 21 Manager ofResearch at that time. j i 22 Q ' Okay. And how long did you hold that 23 position? j j 24 A Actually the position never changed .much. 25 The title changed sometime and later it was changed to j Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Ready Mix joint compound. Q Can you explain how Ready Mix joint compound differed from the joint compounds that had existed previously? A The previous joint compounds were dry and they were furnished in a bag, and Ready Mix was, as the name indicates, mixed with water. It was a paste-type product and it was sold in a pail, later in a carton. Q Who had responsibility for the development of Bestwall Ready Mix joint compound? A I had that responsibility as the leader of that research group. Q When did Bestwall Ready Mix joint compound go on to the market? A I believe it was around 1965. Q Did the joint compound products of Bestwall between 1956 and 1965 contain asbestos? A Between 1950-- Q 1956 and 1965. A Yes. Q Okay. By whom did you become employed in 1965? A Georgia-Pacific Corporation. Q Were you employed by any particular group or division at Georgia-Pacific? Page 17 ? j1 Manager of Product Development & Technical Services, 2 Q So it was more ofa name change than a change | 3 in the type of work you did? j 4 A Yes. 5 Q And were you responsible in that position for 6 the laboratory research on products? 7 A Yes. j 1 jj ! 8 Q Including joint compounds? 9 A Yes. j f 10 Q Who was your boss during your employment at | 11 Georgia-Pacific Corporation? j 12 A Up until 1967 it was Clarence Shuttleworth. 13 After that it was Glen Wilson. 14 Q Is Mr. Wilson still alive? ! j f 15 A No. 16 Q What was his title? 17 A He was the Vice President of the Gypsum | i | 18 Division and General Manager of the Gypsum Division, i 19 Q Mr. Lehnert, in your positions with f 20 Certain-Teed, Bestwall and Georgia-Pacific, were you at | 21 all times familiar with the product formulas forjoint j 22 compound products? g 23 A Yes. \ 24 Q Okay. Would that include texture products? t 25 A Yes. j 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 5 (Pages 14 to 17) Fax (704) 372-4593 Asbestos litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 18 1 Q Would it also include acoustical products? 2 A Yes. 3 Q Was there a period of time when some 4 Georgia-Pacific joint system products contained asbestos 5 and others did not contain asbestos? 6 A Yes. 7 Q When was that, approximately? 8 A Approximately 1972 we began to be able to 9 develop products that did not have asbestos. 10 Q Okay. Did there come a time when 11 Georgia-Pacific no longer manufactured any joint system 12 product containing asbestos? 13 A Yes. 14 Q When was that? 15 A May 4th, 1977. 16 Q Mr. Lehnert, you have in front ofyou a set 17 of documents that has been marked as Exhibit A. Do you 18 see those? 19 A Yes. 20 Q Have you had an opportunity to review those 21 documents in advance ofthis deposition? 22 A Yes. 23 Q Okay. Are you familiar with them? 24 A Yes. 25 Q What are they? Page 20 1 Decatur gypsum laboratory. 2 Q And prior to 1982? 3 A They would have been housed at the Tigard 4 gypsum laboratory. 5 Q Okay. Who was -- 6 A Tigard, Oregon. I'm sorry. 7 Q Okay. Who was in charge of the Tigard, Oregon 1 8 and the Decatur, Georgia laboratories? 1 9 A 1 was the manager. | 10 Q Would the documents in Exhibit A have been 8 11 under your custody and control? 12 A Yes. 1 1 13 Q Do those documents in Exhibit A, Mr. Lehnert, | 14 appear to be true and correct copies of documents j 15 maintained in the regular course ofGeorgia-Pacific's | 16 business? 17 A Yes. 18 Q All right In addition to reviewing the 19 formulas contained in Exhibit A, did you review anything 20 else in preparation for this deposition? 21 A Yes. 22 Q What did you review? 23 A Several hundred other formutas of 24 Georgia-Pacific's joint compounds, as well as some other 25 lab documents. Page 19 1 A They are joint system product formulas. 2 Q Okay. Of what company? 3 A For Georgia-Pacific Corporation. 4 Q Do you know whether or not that group of 5 formulas includes all of the joint compound formulas of 6 Georgia-Pacific? 7 A No, it does not. 8 Q Okay. Do you have any understanding as to who 9 selected the particular formulas included in Exhibit A 10 for discussion at this deposition? 11 MR. BONO: Objection, relevancy and 12 foundation. 13 THE WITNESS: I understand that they were 14 furnished by the plaintiffs' attorneys. 15 BY MS. JAGGER: 16 Q Okay. Do the documents contained in Exhibit A 17 come from the files ofGeorgia-Pacific Corporation? 18 A Yes. 19 Q Would you have been familiar with the 20 formulas in Exhibit A at or about the time they were 21 originally created? 22 A Yes. 23 Q Where at Georgia-Pacific would these formula 24 documents in Exhibit A have been housed? 25 A Since 1982 they would have been housed at the Page 21 i 1 Q Did you review only selected formulas? 2 A No. 1 B 3 Q Did you have access to and review the entire I 4 joint system formula set of Georgia-Pacific? 5 A Yes. | 1 6 Q Why did you make that review, Mr. Lehnert? | 7 A So that we could put a history together of | 8 the development ofjoint compounds, and in this case the I 9 history concerning SG -- the use ofSG-210 in joint I 10 compounds. 11 MS. JAGGER: Can we go offthe record a 8 1 12 second? | 13 THE V1DEOGRAPHER: We're going offthe 8 14 record. The time is 11:13 a.m. I 15 (Discussion off the record.) | 16 THE VIDEOGRAPHER: Back on the record. The | 17 time is the 11:28 a.m. 18 MS. GEISE: Elizabeth Geise for Certain-Teed. 19 I just wanted to state for the record that my 20 understanding is that this deposition is being taken 21 pursuant to the Illinois Rules, which would provide 22 that all objections except to the form ofthe 23 question are reserved until trial. And 1 don't want 24 my silence at Mr. Bono's insistence that objections 25 have to be stated at the time to indicate that I 8 I 6 (Pages 18 to 21) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 22 Page 24 1 have stipulated to that. I have stipulated to the 1 MR. BONO: Okay. Have you entered your 2 fact that this deposition is taken pursuant to the 2 appearance in re the asbestos litigation as filed by 3 Illinois Rules. 3 the Simmons Firm? 4 MR. BONO: What Illinois Rules are you 4 MR WILL: I have not. 5 referring to? 5 MR. BONO: Have you been admitted pro hac 6 MS. GEISE: The Illinois Rules of Civil 6 vice in the State of Illinois in re the asbestos 7 Procedure. 7 litigation filed by The Simmons Firm? 8 MR. BONO: Do you know a particular rule 8 MR WILL: I have not, counsel, and let's 9 number that says that that is in existence? 9 proceed. That's why I'm here with co-counsel. 10 MS. GEISE: No, Mr. Bono, and I don't mean to 10 MR BONO: Well, let him make his objections. 11 have an argument on the record. I just don't want 11 BY MS. JAGGER: 12 you to think that by my silence that I have 12 Q Mr. Lehnert, during the break we have 13 stipulated to those rules. I understand that we're 13 adjusted the light so that it's not so bright, but if it 14 governed by the Illinois Rules, and I'll take my 14 gets too bright, would you please let us know? 15 chances. And I do not want you to think that I have 15 A Yes. Thank you. 16 agreed with you that any objection except as to the 16 Q Okay. Pointing your attention to Exhibit B, 17 form ofthe question is reserved. I mean that any 17 do you recognize this document? 18 objection on any basis needs to be stated at this 18 A Yes. 1 19 deposition. 19 Q Did you prepare this document? 20 I don't understand how we can possibly make 20 A Yes, I did. 21 relevance objections in a deposition noticed in re 21 Q Can you explain generally what this document 22 all Simmons cases. I think that would be an 22 represents? 23 impossibility. 23 A Yes. It represents following the review I 24 MR. WILL: Trevor Will for Union Carbide. I 24 made of Georgia-Pacific formulas, it is a history of 25 want to put on record that it is my understanding as 25 thosejoint compounds and texture formulas that contained Page 23 Page 25 1 well that the Illinois Rules under which this 1 SG-210 Union Carbide asbestos. 2 deposition is being taken under provide for the 2 Q Mr. Lehnert, without reviewing or having this 3 reservation of all objections except as to form of 3 document in front ofyou, would you be able in this 4 the question. I don't agree with Mr. Bono's 4 deposition to quickly and succinctly identify the 5 statement either, and I would point out that it is 5 products manufactured by Georgia-Pacific which contained 6 possible that this deposition may attempt to be used 6 Union Carbide asbestos? 7 injurisdictions other than Illinois, and it would 7 A No. I went through several hundred documents 8 be my position on the record that we will object to 8 and itjust wouldn't be possible to remember all of this 9 matters of form that can be corrected, but not to 9 without making some kind ofa history, as I have done 10 other types of objections which would be reserved 10 here. 11 till the time of trial. 11 MS. JAGGER: Okay. At this point 1 would 12 MR. BONO: I'm putting on the record that 12 tender into evidence Exhibit B on behalf of 13 we're not agreeing to reserving any objections. If 13 Georgia-Pacific Corporation. 14 you want to make any objections, you better make 14 BY MS. JAGGER 15 them now. 15 Q Mr. Lehnert, is it correct that Exhibit B 16 MR. WILL: Well, that's your position. 16 relates only to Georgia-Pacific products and Union 17 Mr. Bono. I don't think you're thejudge, so I 17 Carbide asbestos? 18 think the record's clear. Let's go ahead. 18 A Yes. | 19 MR. BONO: Well, I can assure you youhe not 19 Q Okay. Did Certain-Teed Corporation joint 20 thejudge, counselor. Are you even licensed in the 20 compounds ever contain Union Carbide asbestos? 21 State of Illinois? 21 A No. 22 MR. WILL: That's why I'm with counsel. 22 Q Do you know what company supplied asbestos to 23 MR. BONO: Are you licensed in the State of 23 Certain-Teed forjoint compounds? r 24 Illinois, sir? 24 A Yes. 25 MR. WILL: No, I'm not. 25 Q Who were those companies? f 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 7 (Pages 22 to 25) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 26 1 A Phillip Carey Company and Johns Manville 2 Corporation. 3 Q Did Bestwall Gypsumjoint compounds ever 4 contain Union Carbide asbestos? 5 A No. 6 Q Do you know what companies supplied Bestwall 7 Gypsum with asbestos used in theirjoint compounds? 8 A Yes. 9 Q What companies were those? 10 A It was the Johns Manville Corporation and the 11 Phillip Carey Company. 12 Q Okay. Did Georgia-Pacific joint compounds 13 ever contain Union Carbide asbestos? 14 A Yes. 15 Q Was Union Carbide the only supplier of 16 asbestos to Georgia-Pacific? 17 A No. 18 Q Do you know who the other suppliers were? 19 A Yes. 20 Q Who were they? 21 A Johns Manville and Phillip Carey. 22 Q Were there ever instances where a particular 23 joint compound would contain asbestos supplied by more 24 than one company? 25 A Yes. Page 28 1 1 designation Asbestos SG-210 appears, that asbestos would 2 have been supplied by Union Carbide? 3 A Yes. 4 Q Okay. In a few ofthe other formulas there is 5 a designation for Asbestos 7RF02. Do you recognize that 6 designation? 7 A Yes. 8 Q What company had that designation, ifyou 9 know? 10 A Johns Manville Corporation. 11 Q So that would it be correct that if a formula 12 identifies Asbestos 7RF02, that asbestos would always 13 have been supplied by Johns Manville? 14 A Yes. 15 Q Okay. In Exhibit B, Mr. Lehnert, at the top 16 of that document you have written "Overall usage dates". 17 Do you see that? 18 A Yes. 19 Q Could you give us those dates and tell us 20 generally what that means? 21 A Okay. The dates were December 29,1969 to | 22 May 4th, 1977. And the December 29,'69 date was the I 23 first that Union Carbide SG-210 asbestos was used in a | 24 Georgia-Pacificjoint compound product. And 5 -- S 25 May 4th, 1977 was the date when there was no further B Page 27 1 Q Mr. Lehnert, when you review the product 2 formulas of Georgia-Pacific, such as those contained in 3 Exhibit A, how do you determine what company supplied the 4 asbestos used in that particular formula? 5 A By the designation in the formula itself. 6 Q Okay. So using, just for an example, Exhibit 7 A, Page A-l, Ready Mix Filler, Acme, Texas, it says under 8 "Raw Materials" Asbestos 7RE09. How do you determine who 9 supplied Asbestos 7RF09 for that formula? 10 A That was the designation used by the Phillip 11 Carey Company. 12 Q Okay. And down a little bit farther it says 13 Asbestos SG-210. Do you see that? 14 A Yes. 15 Q How do you determine what company supplied 16 the Asbestos SG-210 for that formula? 17 A That was the designation used by Union 18 Carbide -- 19 Q Okay. 20 A -- for their asbestos. 21 Q So would it be correct, then, that in any 22 given formula ifthe designation 7RF09 appears that means 23 it was supplied by Phillip Carey? 24 A Yes. 25 Q Would it also be correct that ifthe Page 29 I 1 Union Carbide asbestos used in Georgia-Pacificjoint 2 compounds. 3 Q Now, it appears that in Exhibit B you have 4 broken down those usage dates by plants and products. Is 5 that correct? 6 A That's correct. 7 Q Okay. And the first one you have listed is 8 the Acme, Texas plant? 9 A Yes. 10 Q Can you tell us what geographical area the 11 Acme, Texas plant supplied? 12 A Yes. It would have suppliedjoint compounds 13 for the southwestern part of the United States. 14 Q Okay. The second plant that you list is 15 Akron, New York. What geographical area would that plant 16 have supplied? 17 A The Akron, New York plant could have supplied 18 the northeastern United States with joint compounds. 19 Q Okay. The third plant is the Chicago, 20 Illinois plant What geographical area would that plant 21 supply? 22 A The Chicago plant would have furnished the 23 requirements forjoint compounds in the Midwest 24 Q The next plant is Marietta, Georgia. What 25 area geographically would that plant supply? j j j [ 8 (Pages 26 to 29) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 30 1 A The Marietta, Georgia plant would furnish the 2 requirements for the southeastern part ofthe United 3 States. 4 Q And the last plant that's listed is the 5 Milford, Virginia plant. What geographical area would 6 that plant supply? 7 A Milford supplied in between Akron and 8 Marietta, so I don't know how we designate that 9 particular part. Maybe the east central part ofthe 10 United States. 11 Q Okay. Were all ofthese plants gypsum 12 plants? 13 A No. 14 Q Were they all plants of the Gypsum Division 15 of Georgia-Pacific? 16 A Yes. 17 Q Mr. Lehnert, in your review of the formulas 18 of Georgia-Pacific, did you identify products 19 manufactured at the Acme, Texas plant which contained 20 Union Carbide asbestos? 21 A Yes. 22 Q What products did you identify? 23 A All Purpose, Triple Duty, Speed Set, non 24 aggregate texture for walls and ceilings, polystyrene 25 ceiling texture and Ready Mix. Page 32 1 A Yes. 2 Q Based on your review ofthe formulas, did you | 3 identify any products manufactured at the Chicago, 1 4 Illinois plant that contained Union Carbide asbestos? 5 A Yes. 6 Q What products were those? 7 A All Purpose, bedding compound, topping 8 compound and Ready Mix. 9 Q Have you set out on Exhibit B the dates and 10 amounts ofthe use ofUnion Carbide in those products? 11 A Yes. 12 Q Based on your review ofthe Georgia-Pacific 13 formulas, did you identify any products manufactured at | 1 14 the Marietta, Georgia plant which contained Union Carbide 8 15 asbestos? 1 16 A Yes. 1 17 Q What products were those? 18 A Central Mix and Ready Mix. | 8 19 Q Okay. And have you set out the dates and the i 20 amounts ofthe Union Carbide usage for those products? 21 A Yes. B i 22 Q Based on your review ofthe Georgia-Pacific | 23 formulas, did you identify any products manufactured at 8 24 the Milford, Virginia plant that contained Union Carbide | 25 asbestos? I Page 31 1 Q Okay. And have you identified in Exhibit B 2 the dates and ranges ofUnion Carbide asbestos for those 3 products? 4 A Yes. 5 Q Okay. What is the difference between the 6 textures and the All Purpose, Triple Duty and Speed Set 7 joint compounds, in terms ofuse? 8 A In terms of use? For the most part the All 9 Purpose, Triple Duty and Speed Set were used in joint 10 taping and finishing operations in the gypsum wallboard 11 construction, whereas the textures were used as a 12 decorative effect after thejoints and nail heads and 13 comer beads were all finished. 14 Q Okay. Based on your review of the 15 Georgia-Pacific product formulas, did you identify 16 products manufactured at the Akron, New York plant which 17 contained Union Carbide asbestos? 18 A Yes. 19 Q What products did you identify? 20 A Diywall adhesive, bedding compound, topping 21 compound and Ready Mix. 22 Q And have you on Exhibit B identified the 23 dates and the amounts of Union Carbide asbestos -- 24 A Yes. 25 Q -- contained in those products? Page 33 l A Yes. 2 Q What products were those? 3 A Ready Mix. 4 Q Okay. Mr. Lehnert, I'd like to focus your 5 attention in Exhibit B on Ready Mix. And I'm going to go 6 plant by plant, beginning with the Acme, Texas plant 7 During what times did Ready Mix joint 8 compound manufactured at the Acme, Texas plant contain 9 Union Carbide asbestos? 10 A Between September 22nd, 1971 to May 4th, 11 1977. 12 Q And in what ranges percentage-wise was Union 13 Carbide asbestos used? 14 A One percent to 3.75 percent 15 Q Did all of the Ready Mix manufactured at 16 Acme, Texas between September 22, 1971 and May 4,1977 17 contain Union Carbide asbestos? 18 A No. 19 Q Okay. What Ready Mix formulas during that 20 time, and again we're talking about September 22,1971 to 21 May 4,1977, what Ready Mix formulas did not contain 22 Union Carbide asbestos? 23 A Ready Mix topping furnished between 24 March 8th, 1974 to September iOtb, 1975 in four-gallon 25 cartons and five-gallon pails did not contain SG-210 1 800-333-2082 Reported.By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 9 (Pages 30 to 33) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ai. C. William Lehnert 10/3/2001 Page 34 1 asbestos. And ofcourse the asbestos-free products did 2 not contain SG-210 asbestos. 3 Q Okay. Now, what's the difference between 4 Ready Mix topping and formulas which are just Ready Mix? 5 A Ready Mix topping is different inasmuch as it 6 has a lesser amount ofbinder because it's not required 7 for the taping operation. And so - and also it sands 8 easier since it doesn't have as much adhesive in the 9 formula. 10 Q Okay. What can a person use a general Ready 11 Mix formula to do? 12 A He can tape the joints in gypsum wallboard 13 construction. He can finish those joints with this same 14 material. He can cover the nail heads so that they're 15 hidden, and he can use it to fill in the comer beads in 16 gypsum wallboard construction. 17 Q Could a person use Ready Mix topping to do 18 all of those same functions? 19 A No. 20 Q Which one of those functions or ones of those 21 functions could a person use Ready Mix topping to 22 perform? 23 A The finishing only. 24 Q Pointing your attention now to the second 25 page, to the Akron, New York plant, in your review ofthe Page 36 1 A Phillip Carey. 2 Q So between December 29 and 1969 - excuse me. 3 Strike the question. 4 Between December 29,1969 and September *70, 5 are you indicating by this that virtually all ofthe 6 asbestos used was 7RF-9 Phillip Carey? 7 A What were the dates again? I got lost here. 8 What were the dates? Can I have the question asked 9 again? 10 Q I'm just - I'm trying to understand your 11 chart 12 A Okay. 13 Q Between December 29,1969 and 14 September 1970 -- 15 A Oh, I see. 16 Q -- did Akron Ready Mix contain only Union 17 Carbide or some mix ofasbestos? 18 A It would have contained -- could have 19 contained some mix of asbestos during that period of 20 time. Between '69 and - well, no, my notes here say 21 that virtually all formulas, and I suppose there were 22 some maybe that had a combination, however, but virtually 23 all the formulas up to September 1970 had the 7RF-9 24 asbestos. But from September forward all available 25 formulas used some SG-210, some SG-210, except for I j i Page 35 1 product formulas, did Ready Mix joint compound 2 manufactured at the Akron, New York plant contain Union 3 Carbide asbestos? 4 A Yes. 5 Q During what time periods did Akron Ready Mix 6 contain Union Carbide asbestos? 7 A B etween December 29th, 1969 to May 4th, 1977. 8 Q Did all of the Ready Mix manufactured at 9 Akron between those dates contain Union Carbide asbestos? 10 A Virtually all of the formulas contained Union 11 Carbide asbestos, except for the asbestos-free formulas. 12 Q Okay. Were there any asbestos-containing 13 formulas between December 29,1969 and May 4,1977 for 14 Akron Ready Mix that did not contain Union Carbide 15 asbestos? 16 A No, all of the Akron formulas contained the 17 SG-210 asbestos, except for asbestos-free joint compound 18 Ready Mix. 19 Q Your Exhibit B contains the language 20 virtually all formulas up to September, or 9, which I 21 assume is September, 1970, used 7RF-9 asbestos. Is that 22 what you wrote? 23 A Yes. 24 Q Okay. Whose asbestos or who supplied 7RF-9 25 asbestos? Page 37 1 asbestos-free. 2 Q Moving now to Chicago, in your review of the 3 formulas, was Ready Mix manufactured at Chicago a product 4 which contained Union Carbide asbestos? 5 A Yes. 6 Q And what were the dates that it contained 7 Union Carbide asbestos? 8 A Between October 21st, 1970 to May 4th, 1977. g 8 9 Q Did alt of the Ready Mix manufactured at 10 Chicago during that timeframe contain Union Carbide 1 11 asbestos? g 12 A All of the general formulas, but there were I 13 some exceptions between -- do you want me to give you the 1 14 exceptions? 15 Q Yes. E 1 16 A Between May 20th, 1974 to December '74 there 17 was a special request formula, and between March 1st, 18 1975 to March 23rd, 1976 there was some special trial 19 shipments made. And there were two Ready Mix topping 20 formulas available between May 27th, 1975 and March 22nd, 21 1976, and also between March 25th, 1974 and March 23rd, 22 1976. 23 In addition to those -- those were the two 5 24 Ready Mix. The first date I gave you was the first Ready 1 25 Mix and the second date was the second Ready Mix which K 10 (Pages 34 to 37) 800-333-2082 wans Reported By: Sheryl L. Akerley, RMR Spherics Deposition Services (704) 333-988P Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 38 1 did not contain SG-210. And then in addition to those 2 the asbestos-free fonnuias that were made available. 3 Q Okay. Mr. Lehnert, if-- what does it mean to 4 say that a formula is a special request only? 5 A There were customers that asked for some 6 special Ready Mix, and it might have been a different 7 color. It might have bad some additional workability 8 characteristics. It was something that was made for -- 9 that the customer had requested. 10 Q Okay. If a customer didn't request a specific 11 special formula, would they receive the general formulas? 12 A Yes. 13 Q Moving to the next page ofExhibit B, the 14 Marietta, Georgia plant, based on your review of the 15 formulas, was Union Carbide asbestos used in Ready Mix 16 manufactured at the Marietta, Georgia plant? 17 A Yes. IS Q During what years? 19 A Between March 6, 1972 to May 4th, 1977. 20 Q Okay. Did all of the asbestos-containing 21 Ready Mix manufactured at the Marietta, Georgia plant 22 contain Union Carbide asbestos? 23 A Yes. The only exception was the 24 asbestos-free product that was made available. 25 Q Okay. And lastly, the Milford, Virginia Page 40 1 Q Yes. Were there some Ready Mix formulas that 2 did not contain Union Carbide asbestos from Milford? 3 A Yes. 4 Q Okay. 5 A There were topping. There was a crack 6 resistant formula diet was furnished on special request. 7 A bufftaping formula was special request, as well as the 8 asbestos-free, which wouldn't have SG-210. 1 9 Q Okay. Mr. Lehnert, based on your review of 10 the Georgia-Pacific product formulas, does the 1 11 information contained in Exhibit B identify all of the 1 12 joint compound products ofGeorgia-Pacific which ever 13 contained Union Carbide asbestos? J 14 A Yes. 15 Q Okay. As you sit here today, do you recall g 16 ever personally meeting or talking to anyone from Union 17 Carbide Corporation? 18 A No. 19 MS. JAGGER: That's all the questions 1 have | j 20 right now. These other attorneys are going to have j 21 some questions, and I would suggest a short break. | 22 THE VIDEOGRAPHER: We're going offrecord, f 23 The time is 11:59 a.m. | 24 (Recess taken.) 1 25 THE VIDEOGRAPHER: Back on the record. The j Page 39 1 plant, based on your review of the product formulas, did 2 Ready Mix joint compound manufactured at Milford, 3 Virginia contain Union Carbide asbestos? 4 A Yes. 5 Q During what time frames? 6 A Between June 21st, 1973 to at least 7 January 20th, 1975. 8 Q And why do you say at least January 20,1975? 9 A We had a formula for Ready Mix with SG-210 10 asbestos on March 20th, 19 -- up until March 20th, 1975, 11 but there -- 12 MS. JOHNSON: January. 13 A -- January 20th, 1975, but a lab document 14 excluded it as of that date. So we're not absolutely 15 sure. There might have been a formula, but the lab 16 document excluded it, so it wouldn't have gone beyond 17 that date. It wouldn't have been available beyond that 18 date. 19 Q Did all ofthe Ready Mix general formulas at 20 Milford, Virginia, between June 21,1973 and January 20, 21 1975 contain Union Carbide asbestos? 22 A No. Oh, yes, all the general formulas, yes. 23 that's correct. 24 Q Okay. 25 A Is that wbat your question was? Page 41 j 1 timers 12:14 p.m. ! 2 BY MS. JAGGER: 3 Q Mr. Lehnert, I apologize. I have a couple of 4 more questions. During the break you pointed out to me 1 1 5 that you had made a mistake in your testimony regarding | 6 Ready Mix at the Milford, Virginia plant Am I correct? | 7 A That's correct j 8 Q Okay. Would you explain that mistake? j 9 A 1 understand that I said, and I didn't mean j 10 to say, that it was Ready Mix with SG-210 was not made i 11 between 6/21/73 and on to at least January 20th, '75, and S 12 I should have said it was used in Ready Mix in those [ 13 dates. 1 14 Q Okay. Exhibit B indicates that the Ready Mix 15 manufactured at Milford, Virginia containing Union 16 Carbide asbestos-was manufactured to at least January 20, j 17 1975, correct? 18 A Yes. 19 Q Okay. And why do you say it was until at f 20 least January 20, 1975? 21 A There was a lab document that told us that it 22 was not manufactured after that date. There was a lab 23 document that omitted that particular product. 24 Q Omitted, is that what you said? 25 A Excluded, yes, that product after 1 -- 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 11 (Pages 38 to 41) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 42 1 January 20th, 1975. 2 MS. JOHNSON: At least 3 THE WITNESS: Yes, to at least. Yeah. It 4 may have been dropped before that, but -- oh, no, it 5 was at least until 1975, and the lab document 6 indicated that it wasn't manufactured thereafter. 7 BY MS. JAGGER: 8 Q Okay. You have testified about some special 9 formulas, like special request only or crack resistant 10 formulas? Mr. Lehnert? 11 A Yes. I'm still back on this. Could I go 12 back on this? 13 Q Yes. 14 A I realize what I'm saying now, and I'm all 15 fouled up. It was at least, but it could have been 16 manufactured longer than that, and a lab document 17 indicated that it was manufactured after that rather than 18 was not manufactured. So I'm sorry I got that fouled up. 19 Q Okay. So let's make sure we have a clear 20 record. At Milford, Virginia, Ready Mixjoint compound 21 containing Union Carbide asbestos was manufactured from 22 June 21,1973 to at least January 20, 1975, is that 23 correct? 24 A That's correct. 25 Q Okay. And how do you know that it was Page 44 l they manufactured? 2 A No, I do not 3 Q Okay. Looking at your Exhibit B, sir, you j 4 have the first product there being All Purpose. Was that ] 5 All Purpose joint compound? { 6 A Yes. I 7 Q Did that come in a dry or wet formulation? 8 A It was a dry product 9 Q Okay. The Ready Mix line, is that -- when 10 you say Ready Mix, does that mean it's already ready 11 mixed with water? 12 A Yes. 13 Q Okay. And it comes like a paste? 14 A Yes, in a metal pail or a plastic pail. 15 Q Okay. The Ready Mix line, was that the only 16 line that Georgia-Pacific manufactured that came in pails 17 or buckets? 18 A Yes. 19 Q Okay. The otherjoint compound products that 20 Georgia-Pacific manufactured came in bags, is that 21 correct? 22 A That's correct 1 I 1 | 23 Q And it came in a powdered form? 24 A Yes. 25 Q And it had to be mixed with water? And had Page 43 1 manufactured at least until January.20,1975? 2 A . Well, we had a lab document that included it. 3 not excluded it, so then it would at least have been 4 still manufactured at that point 5 Q Okay. Now, changing gears for a minute, 6 Mr. Lehnert, you have made reference in this deposition 7 to special formulas such as special request formulas, 8 special crack resistant formulas, and things like that 9 Do you recall? 10 A Yes. U Q Okay. If a special formula was being 12 manufactured, would the general Ready Mix formulas still 13 be manufactured at the same time? 14 A Oh, yes. 15 MS. JAGGER: Okay. Thank you for your time. 16 That's all my questions for right now. 17 EXAMINATION 18 BY MR. BONO: 19 Q We can say good afternoon now, Mr. Lehnert 20 A Sure. 21 Q What was the biggest plant that 22 Georgia-Pacific had that made thejoint compound 23 products? 24 A The Acme, Texas plant was the largest plant. 25 Q Do you know what percentage of the products Page 45 1 to be mixed with water? 2 A Yes. 3 Q Okay. The All Purposejoint compound that's 4 No. 1 on your Exhibit B, from March 11th, 1990 -- 74 5 until at least 12/16/75 contained SG-210, is that 1 6 correct? | 7 A Yes. 8 Q Did any other plants manufacture All Purpose 9 joint compound? 10 A Yes, I believe Chicago did. And I believe we 11 have Chicago down here. 12 Q Yes,sir. 13 A Yes. 14 Q Any other plants besides Chicago or Acme, 15 Texas? 16 A I don't have all -- I'd have to consult the 17 formulas, all the formulas, to be sure, but it was -- I 18 think it was limited to those two plants. 19 Q Okay. Moving on, still on Exhibit B, sir, 1 20 your Triple Duty, is that a Triple Duty joint compound? j 21 A Yes. 22 Q Came in a bag? j 23 A Yes. 24 Q From October 5th, 1974 to at least j 25 April 22nd, 1976 did all Triple Dutyjoint compound 1 12 (Pages 42 to 45) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 46 1 manufactured at Acme, Texas contain Union Carbide SG-210 2 asbestos? 3 A Until when? 4 Q April 22nd, 1976. 5 A 1976, yes. 6 Q Did any other plants make Triple Duty joint 7 compound? 8 A Yes. 9 Q What plant? 10 A I believe it was manufactured at Akron. And n I believe it was also manufactured at Chicago, but 1 12 would have to consult the formulas again to be absolutely 13 sure ofthat 14 Q Do you know if the Akron and Chicago plants 15 used SG-210? 16 A Ifit was manufactured at those plants and it 17 used SG-210 it would be on this list, and it's not on the 18 list, so presumably ifit was manufactured, it did not 19 contain SG-210 asbestos. 20 Q Moving on to Speed Set. 21 A Okay. 22 Q Next one. Is that Speed Setjoint compound? 23 A Yes. 24 Q And it came in a powdered form? 25 A Yes. Page 47 1 Q Sold in a bag? 2 A Yes. 3 Q Okay. From 6/29/71 to 3/30/74, did Speed Set 4 manufactured at the Acme, Texas plant contain Union 5 Carbide SG-210 asbestos? 6 A Yes. 7 Q Did any other plants manufacture Speed Set? 8 A At what time period are we talking about? 9 Q 6/29/71 to 3/30/74. 10 A No. 11 Q Previously you had testified as to something 12 called texture and acoustical. In a generic term, can 13 you tell me what textured products are? 14 A Yes. Textures are dry products that are 15 mixed with water, and they either have or do not have an 16 aggregate in them. And they're usually spray applied. 17 but they can be -- some ofthem without the aggregate can 18 be applied with a brush or with some other implement to 19 get a textured surface. 20 Q And what is a texture product used for? 21 A It's used for decorative effect, usually on 22 ceilings. 23 Q Does it make little raised ridges, or designs 24 on drywall? 25 A Yes. It depends on the particular texture Page 48 1 that you apply. 2 Q And you also mentioned acoustical, sir. What 3 is acoustical? 4 A Acoustical. It was an acoustical plaster 5 that was manufactured. 6 Q Georgia-Pacific also manufactured plasters, 7 is that correct? 8 A Yes. 9 Q And some of those plasters contained 10 asbestos? 11 MS. JAGGER: Object to the form and the 12 scope. 13 THE WITNESS: Can I answer? 1 j \ 14 MR. BONO: (Indicating.) [ 15 MS. JAGGER: The question-- j 16 THE WITNESS: Yes. 17 MS. JAGGER: The question is did | 18 Georgia-Pacific plasters contain asbestos? 19 MR. BONO: Some. t | 20 THE WITNESS: He said some. | 21 MR. BONO: Some did, some didn't. ! 22 MS. JAGGER: No, I'll object. That's outside j 23 the scope ofthis. i 24 (Discussion off the record.) \ 25 ........ ..... i Page 49 | 1 BY MR. BONO: 2 Q At some point in time did Georgia-Pacific 3 make acoustical plasters that contained asbestos? 4 A Yes. i 5 MS. JAGGER: Georgia-Pacific? 6 MR. BONO: Georgia-Pacific. | 7 MS. JAGGER: Not Bestwall? | 8 MR. BONO: Georgia-Pacific. 9 THE WITNESS: Yes. 10 BY MR. BONO: n Q Okay. Did any ofthose Georgia-Pacific 12 acoustical plasters contain SG-210? \ 13 A No. I 14 Q Moving on down your Exhibit B, you have non I 15 aggregate texture for walls and ceilings. From I mm 16 to March 22nd, '73 did non aggregate texture contain f 17 SG-210 made by Union Carbide? 18 A Yes, during those dates. 19 Q Did any other plants manufacture non j 20 aggregate texture? j 21 A I'd have to go back to the formulas, but ; 22 obviously if we manufactured it it wouldn't contain 23 SG-210 it would be on here, but I can't be sure that we 24 didn't manufacture it elsewhere. | 25 Q Okay. Moving on to the next item is 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889, 13 (Pages 46 to 49) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et aL C. William Lehnert 10/3/2001 Page 50 1 polystyrene ceiling texture? 2 A Yes. 3 Q Between April 20th of 1972 to April 17th of 4 1973, did polystyrene ceiling texture contain Union 5 Carbide SG-210 asbestos? 6 A Yes. 7 Q Did any other plants manufacture polystyrene 8 ceiling texture other than Akron, Texas? 9 A No. 10 Q Okay. Georgia-Pacific manufactured a product n called Ready Mix joint compound, is that correct? 12 A Yes. 13 Q Did Georgia-Pacific also manufacture a 14 product called Ready Mix topping compound? 15 A Yes. 16 Q Is there a difference between a Ready Mix 17 joint compound and Ready Mix topping compound? 18 A Yes. 19 Q Can you explain that difference? 20 A Yes. The Ready Mix topping compound contains 21 less binder or adhesive so it could not be used to do the 22 taping operation nor the first coat over the nail heads 23 and the comer beads. But it had the advantage of being 24 easier to sand as a result of having less adhesive, and 25 that was the main difference. Page 52 i adhesive, and it was a pre mixed product that was 2 furnished in a tube, in a caulking tube, and applied to 3 the studs to adhere the gypsum board to the studs. 4 Q Moving on to the bedding compound, did that 5 come in a bag? 6 A Yes. 7 Q Okay. From March 30th, 1972 to February of 8 1973 did bedding compound contain Union Carbide SG-210 9 asbestos? 10 A Yes. 11 Q Did any other plants make bedding compound 12 besides Akron? 13 A Yes. 14 Q What plants? 15 A Acme, Chicago. Did I say -- oh, we'said 16 Akron, didn't we? Chicago, Acme and Akron would all have 17 made bedding compound. 1 18 Q Did the bedding compound manufactured at 19 Acme, Texas contain SG-210 asbestos? | j 20 A No, otherwise we would have had it on this | 21 list here. j 22 Q Moving on to topping compound from the Akron, I 23 New York plant, from March 30th, 1972 to February of 1973 1 24 did the topping compound contain SG-210 asbestos?' 6 25 A Yes. I Page 51 1 Q Okay. Did the Ready Mix joint compound 2 manufactured by Georgia-Pacific at the Acme, Texas plant 3 between September 22nd, 1971 and May 4th of 1977 contain 4 SG-210 asbestos? S A Did the Ready Mix joint compound? 6 Q Ready Mix joint compound. 7 A Between September 22nd, 71 to May 4th, 74? 8 Q 77. 9 A 77,1 mean, contain SG-210 asbestos? Yes. 10 Q Okay. The exception that you have on your 11 Exhibit B regarding topping compounds from March 8,74 12 to 9/10/75 does not affect the Ready Mix joint compound, 13 is that correct? 14 A That's correct 15 Q Okay. Did some Ready Mix topping compounds 16 also contain SG-210 asbestos? 17 A Again, I would have to go back and consult 18 the formula, because when we considered Ready Mix I don't 19 think we made any distinctions except where it wasn't 20 used, and so I would have to consult the actual formula 21 to be sure. 22 Q Moving on to the Akron, New York plant, first 23 product you have there is something called drywall 24 adhesive. Can you tell me what that is? 25 A Drywall adhesive was also called stud Page 53 t 1 Q Did any other plants make topping compound 2 besides Akron? 3 A Yes. 4 Q Which plants? 5 A Acme manufactured topping compound as did 6 Chicago, 7 Q Okay. Moving on -- keeping Akron, New York 8 plant, between December 29th, 1969 and May 4th of 1977, 9 did all Ready Mix joint compounds manufactured by 10 Georgia-Pacific contain SG-2] 0 asbestos? 11 A No. 12 Q Which did not7 13 A The ones that were asbestos-free. 14 Q Okay. Let's talk about the asbestos-free 15 formulas for all the plants. When Georgia-Pacific 16 started manufacturing asbestos-freejoint compound, 17 didn't they advertise or put on the labels "Asbestos-free 18 joint compound"? 19 A Yes, that's my recollection. 20 Q Okay. Other than the asbestos-freejoint 21 compound manufactured at the Akron, New York plant, 22 between December 29th, 1969 and May 4th of 1977, did all 23 Ready Mixjoint compounds contain Union Carbide SG-210 24 asbestos? 25 MR. WILL: Object to the form. j j f I j j | { j j 1 14 (Pages 50 to 53) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 . Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 54 l BY MR. BONO: 2 Q Let me rephrase the question, sir. At the 3 Akron, New York plant between October 29th, 1969 and -- 4 A I think it's December 29th. 5 Q I'm sorry. Let's start all over again. At 6 the Akron, New York plant ofGeorgia-Pacific, did the 7 Ready Mix joint compound manufactured by Georgia-Pacific 8 between December 29th, 1969 and May 4th, 1977 contain 9 Union Carbide SG-210 asbestos? 10 MR. WILL: Same objection. II THE WITNESS: Yes. 12 BY MR. BONO: 13 Q Moving on to the Chicago, Illinois plant -- 14 back up a second, back to Akron. Did Akron also make a 15 topping compound, Ready Mix topping? 16 A I'm not sure. I'd have to go back in the 17 formulas to be sure. 18 Q Okay. On to Chicago. All Purpose joint 19 compound, that was a dry product, is that correct? 20 A Yes, it is. 21 Q Between December 5th of 1972 till February of 22 1973 did All Purpose joint compound manufactured by 23 Georgia-Pacific contain Union Carbide SG-210 asbestos? 24 A Did you say all All Purpose? 25 Q All Purposejoint compound. 7 Page 56 1 BY MR. BONO: j 2 Q Maybe I'm stuttering and adding a word. 3 Let's try it one more time. 4 A Okay. j j j 5 Q From December the 5th of 1972 until February j 6 of 1973 did AU Purpose joint compound contain Union 7 Carbide SG-210 asbestos? 1 f 8 A And my -- I have to ask you, do you mean all 9 ofthe AH Purpose manufactured? 1 10 Q No, sir. 11 A Okay. There was some All Purpose i 12 manufactured, yes, with Union Carbide asbestos. j 13 Q Okay. You were thinking I was saying all All I 14 Purpose? j 15 A Yes. 1 did too many alls in there, I guess. 16 Q Okay. Moving on. At the Chicago, Illinois 17 plant between March 30th, 1972 and February 1973 did 18 bedding compound contain Union Carbide SG-210 asbestos? 19 A Some of the bedding compound, yes. 20 Q Between March 30th, 1972 and February 1973 21 did topping compound contain Union Carbide SG-210 22 asbestos? 23 A Some of the topping compound. 24 Q When I'm looking at the topping compound on 25 your list, is that a Ready Mix topping compound or is Page 55 1 A All All Purpose? 2 Q All Purpose. 3 A Oh, just this AH Purpose, yes. 4 Q Okay. 5 A There was an All Purpose manufactured between 6 those dates that contained SG-210 asbestos. 7 Q I'm -- let me -- 8 A If there was another -- 9 Q Let me rephrase the question -- 10 A Okay. 11 Q -- and start all over again, make sure we're 12 o.i the same wavelength. At the Chicago, Illinois plant 13 ofGeorgia-Pacific, did the AU Purposejoint compound 14 between December 5th, 1972 to February of 1973 contain 15 Union Carbide SG-210 asbestos? 16 A I believe the answer is no, but I would have 17 to go back to the formulas. 18 Q And why are you saying no? 19 A Because there could have been another All 20 Purpose manufactured at Chicago that contained some other 21 asbestos. 22 MS. JOHNSON: He didn't hear you right. Try 23 it again. Listen to the question. 24 THE WITNESS: I think I heard it Yeah, I 25 heard it Page 57 1 that the dry formula topping compound? 2 A This is the dry formula. 3 Q At the Chicago, Illinois plant did the Ready 4 Mix joint compound manufactured from October 21 st, 1970 5 until May 4th, 1977 contain Union Carbide SG-210 6 asbestos? 7 A Yes. 8 Q That was all general formulas during that 9 period oftime contained Union Carbide SG-210, is that to correct? It A Yes. j 12 Q Marietta, Georgia plant, was Marietta the 13 only plant that manufactured a product called Central 14 Mix? 15 A No, I think it was manufactured elsewhere. 16 Q Between May I8th, 1971 to January 20th, 1975, 17 did Central Mix manufactured at the Marietta, Georgia 18 plant contain Union Carbide SG-210 asbestos? 19 A Yes, at least some ofthe Central Mix 20 manufactured during those dates contained SG-210 21 asbestos. 22 Q At the Marietta, Georgia plant did the Ready 23 Mix joint compound between March 6,1972 and May 4th, 24 1977 contain Union Carbide SG-210 asbestos? 25 A Yes. 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 15 (Pages 54 to 57) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et a), C. William Lehnert 10/3/2001 Page 58 1 Q Other than the asbestos-free? 2 A Yes. 3 Q Okay. And then Milford, Virginia plant, did 4 the Ready Mix joint compound between June 21st, 1973 5 until at least January 20th, 1975 contain Union Carbide 6 SG-210 asbestos? 7 A Yes. 8 Q You discussed the regions that the plants 9 serviced. 10 A Yes. 11 Q Would there be inter-regional moving of 12 product? Acme product, as an example, could go to New 13 York or Chicago or Georgia, or Georgia product go to 14 Texas or the southwest? 15 A That could happen and Tm sure it did at 16 times. 17 MS. JOHNSON: When you get to a place, I'd 18 like to take a break, please. 19 MR. BONO: Okay. 20 MS. JOHNSON: Thank you. 21 MR. BONO: You're welcome. Okay. This is a 22 good time. 23 MS. JOHNSON: Thank you. 24 THE V1DEOGRAPHER: We're going off record. 25 The time is 12:40 p.m. Page 60 1 A Yes. 2 Q And they're all true and accurate? 3 A What do you mean by true and accurate? 4 Q Those are the copies, good copies ofthe 5 formulas that existed in the timeframe that's listed on 6 the individual pages? 7 A Yes. 8 Q Those are the formulas used by 9 Georgia-Pacific during that timeframe? 10 A Yes. I 1 11 Q And arc those records that would have been 1 12 kept by you in the normal course ofbusiness at 1 13 Georgia-Pacific? 14 A Yes. g H 15 Q And did those come from the records of 1 16 Georgia-Pacific Corporation? | 17 A I understand that they have, yes. 1 18 MR. BONO: Okay. That's all I have. Thank 19 you very much. g i 20 EXAMINATION 21 BY MR. KOHLBURN: 22 Q Mr. Lehnert, I'm want to go back to when you 23 first started working for Certain-Teed in 1951. Okay? 24 At that time Bestwall was a brand name for products, but 25 it wasn't a separate company, is that correct? Page 59 1 (Recess taken.) 2 THE VIDEOGRAPHER: Back on the record. The 3 time is 12:51 p.m. 4 BY MR. BONO: 5 Q Mr. Lehnert, I'm going to show you what has 6 been marked as Georgia-Pacific Composite A, or Group 7 Exhibit A. Can you identify that forme, please, sir? 8 A These are the formulas of Georgia-Pacific 9 that were furnished by the plaintiffs' attorneys. 10 Q Okay. What are those documents? 11 A These are formulas from various plants 12 containing SG-210 asbestos. 13 Q Are those Georgia-Pacific formulas for 14 various Georgia-Pacific products? 15 A Various Georgia-Pacific joint compound 16 products containing SG-210. 17 Q Okay. And were all those formulas prepared 18 by you or under your direction when you were head of the 19 Georgia-Pacific Research & Development Department? 20 A Yes. 21 Q Okay. Are those all true and accurate copies 22 of the formulas of Georgia-Pacific? 23 A Yes. 24 Q You reviewed each and every one ofthem. 25 haven't you? Page 61 1 1 A No, I don't think that's correct. 8 2 Q In 1951? 8 3 A Yes. I 4 Q Was it a separate company then? | 5 MS. GEISE: Objection, foundation. 1 6 THE WITNESS: Would you ask the question | 7 again? 8 BY MR. KOHLBURN: ! 9 Q In 1951 - 10 A Yes. 11 Q -- when you started with Certain-Teed, was 12 there a separate company then known as Bestwall? 13 MS. GEISE: Objection, foundation. | 14 THE WITNESS: No. 15 BY MR. KOHLBURN: i 16 Q Okay. When did that separate company come 17 into being? 1 | 18 A In May of 1956. 19 Q Between 1951 and 1956, between the time you 20 started and the time there was a separate company called 21 Bestwall, who was the president or chiefexecutive 22 officer ofCertain-Teed? 23 A Rawson Lizars. 24 Q Okay. Now, at the time that Certain-Teed 25 created Bestwall in 1956, did it also create another 16 (Pages 58 to 61) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 62 1 corporation? 2 MS. GJEISE: Objection to the form ofthe 3 question. 4 THE WITNESS: Yes. 5 BY MR. KOHLBURN: 6 Q Okay. What was that corporation called? 7 A Bestwall Certain-Teed Sales Corporation. 8 Q And what was the function ofBestwall 9 Ceitain-Teed Sales Corporation? 10 MS. GEISE: Objection, foundation. 11 THE WITNESS: It was to market the products 12 ofboth companies. 13 BY MR. KOHLBURN: 14 Q Okay. And how is it that you know that? 15 A From being there when it all happened. 16 Q Okay. And as of 1956, which company did you 17 go to work for? 18 A Bestwall Gypsum Company. 19 Q Okay. Between 1956 when Bestwall and Sales 20 Corporation were created, and 1965, who was the president 21 or chiefexecutive officer ofBestwall? 22 A Rawson Lizars. 23 Q And in that same time period, June of 1956 to 24 1965, who was the president or chiefexecutive officer of 25 Certain-Teed? Page 64 I 1 BY MR. KOHLBURN: 2 Q Okay. Between 1956 and 1964 did Certain-Teed I 3 also sell all of its products through Bestwall 4 Certain-Teed Sales Corporation? 5 MS. GEISE: Objection, foundation. Also 6 objection vague as to products. 7 THE WITNESS: To my knowledge they did. 8 BY MR. KOHLBURN: 9 Q Okay. As far as you know, having been there 10 during that time period from June 1956 through 1964, did U Certain-Teed Bestwall Sales Corporation provide all of 12 the marketing and advertising for both Certain-Teed and 13 for Bestwall? 14 MS. GEISE: Objection, foundation. 15 THE WITNESS: And those dates again were? 16 BY MR. KOHLBURN: 17 Q June of 1956 to 1964. 18 A Yes. 19 Q Okay. And I believe that you previously 20 testified that your supervisor between 1956 and 1965 at 21 Paoli was Mr. Shuttleworth. Is that correct? 22 A Yes. 23 Q To whom did Mr. Shuttleworth report during 24 that.time period? 25 A Between 1956 -- Page 63 1 A Rawson Lizars. 2 Q And between 1956 and 1965, who was the 3 president or chief executive officer of the Sales 4 Corporation? 5 A Rawson Lizars. 6 Q Between June 1956 and 1965 did all three 7 companies, Certain-Teed, Bestwall and Bestwall 8 Certain-Teed Sales Corporation, have their headquarters 9 at the same building in Ardmore, Pennsylvania? 10 A Yes. 11 Q Between June 1956 and 1965 did Certain-Teed 12 and Bestwall both have laboratory facilities in the same 13 building in Paoli, Pennsylvania? 14 A Between 1956 and 1965? 15 Q 1965. 16 A Yes. 17 Q And at what location did you work between 18 1956 and 1965? 19 A I worked at the Paoli laboratory of Bestwall 20 Gypsum Company. 21 Q Between 1956 and 1964, did Bestwall sell all 22 of its products through the Certain-Teed Bestwall Sales 23 Corporation? 24 MS. GEISE: Objection, foundation. 25 THE WITNESS: As far as I know, they did. Page 65 1 Q -and 1965. 2 A -- and 1965. Initially he reported to 3 Mr. Hoggatt. 4 Q Was there a time period where he ceased 5 reporting to Mr. Hoggatt? 6 A Yes. And I don't remember that date. 7 Q Okay. Do you know who Mr. Hoggatt reported 8 to? 9 A Yes. 10 Q Okay. Who was that? 11 A Mr. Grieve. 12 Q Okay. And was Mr. Grieve a Bestwall employee 13 or a Certain-Teed employee? 14 MS. GEISE: Objection, foundation. 15 THE WITNESS: He was a Bestwall employee. 16 BY MR. KOHLBURN: 17 Q Okay. Now, during that time period were 18 there some individuals who were employees ofboth 19 Bestwall and of Certain-Teed? 20 MS. GEISE: Objection, foundation. 21 Q To your knowledge. 22 A Do you mean the -- I don't understand the 23 question. 24 Q Were there people who worked for both 25 companies, for Bestwall and for Certain-Teed from 1956 to j j j | | TJKZ 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 17 (Pages 62 to 65) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ah C. William Lehnert 10/3/2001 Page 66 1 1965? 2 MS. GEISE: Same objection, foundation. 3 THE WITNESS: Yes. 4 BY MR. KOHLBUEN: 5 Q Okay. And can you recall who those people 6 were? 7 A They were the Bestwall Certain-Teed Sales 8 Corporation employees. 9 Q Okay. Excluding the Sales Corporation 10 employees, were there some people that you know of who 11 worked for both Bestwall and for Certain-Teed from 1956 12 to 1965? 13 MS. GEISE: Objection, foundation. 14 THE WITNESS: Unless there were management 15 people, I don't know ofanyone. 16 BY MR. KOHLBURN: 17 Q Okay. Are there management people that you 18 know of? 19 A No, other than Mr. Lizars. 20 Q Mr. Lizars. From 1956 to 1965 did everyone 21 that worked for Bestwall and for Certain-Teed eventually 22 report to Rawson Lizars? 23 MS. GEISE: Objection, foundation. 24 THE WITNESS: Directly? 25 Page 68 1 BY MR. KOHLBURN: 2 Q Okay. Who negotiated the merger between 3 Bestwall and Georgia-Pacific in 1965? 4 MS. GEISE: Objection, foundation. 5 A I don't know. 6 Q Before 1965 were there other companies other 7 than Georgia-Pacific that were looking at buying or 8 acquiring Bestwall from Certain-Teed? 9 MS. GEISE: Objection, foundation. 10 THE WITNESS: Yes. 11 BY MR. KOHLBURN: 12 Q Okay. And how is it that you know that there 13 were other companies that were interested in looking at 14 or acquiring Bestwall from Certain-Teed? 15 A Companies came through the laboratory, and 1 16 understand to the plants as well, from some other 17 companies who apparently were interested in purchasing 18 the Bestwall Gypsum Company. 19 Q Okay. And can you recall which companies 20 those were, at least some ofthem? 21 A I can recall two, Johns Manville Corporation 22 and Weyerhauscr. 23 Q Okay. Is it your impression that from the 24 time Certain-Teed created Bestwall in 1956 until it was 25 acquired by Georgia-Pacific in 1965 that Certain-Teed was Page 67 1 BY MR. KOHLBURN: 2 Q Not directly, ultimately, either indirectly 3 or directly. 4 MS. GEISE: Objection, vague. 5 A Between -- the dates again were? 6 Q 1956 to 1965. 7 A Yes. 8 Q To your knowledge, between 1956 and 1965 did 9 the same upper management run both Certain-Teed and 10 Bestwall? H MS. GEISE: Objection, foundation. 12 Objection, vague. 13 THE WITNESS: I don't know what you mean by 14 running Bestwall. 15 BY MR. KOHLBURN: 16 Q The people at the top for Bestwall and the 17 people at the top for Certain-Teed, the top management 18 for both corporations between 1956 and 1965, were they 19 essentially the same group ofpeople? 20 MS. GEISE: Objection, foundation. 21 Objection, vague. 22 THE WITNESS: I can't answer for 23 Certain-Teed, but Bestwall had some changes in 24 management during that period of time. 25 Page 69 1 actively seeking a purchaser for Bestwall? j 2 MS. GEISE: Objection, foundation, vague. i 3 THE WITNESS: That was the general feeling at 4 that time. 5 BY MR. KOHLBURN: 6 Q And what is the basis ofthat impression? 7 A One would be the visitors from other , 8 companies that came to our facilities. 9 Q Okay. For the period of 1951, now this is 10 when you started with Certain-Teed, through 1956, did 11 Certain-Teed manufacture and sell asbestos-containing 12 products as part of its gypsum business? 13 A During the period from 1951 to 1956? 14 Q Yes. 15 A Did we sell asbestos-containing products? 16 Q In the gypsum business. 17 A In the gypsum business? Yes. 18 Q Okay. And did that includejoint compounds? 19 Still 1951 to 1956. 20 A Yes. 21 Q Can you remember any brand names or trade 22 names of the asbestos-containingjoint compounds that 23 Certain-Teed made and sold between 1951 and 1956? 24 A I can remember one. 25 Q Okay. 18 (Pages 66 to 69) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et aL C. William Lehnert 10/3/2001 Page 70 1 A Certex. 2 Q Certex. Okay. Did Certain-Teed in the period 3 of 1951 to 1956 make and sell any reinforcing joint 4 finishers that contained asbestos? 5 A Yes. 6 Q Can you recall the brand names or trade names 7 of any ofthose products? 8 A They eventually became called a Bestwall 9 products, but I'm not sure the exact date when that 10 happened. 11 Q Just for 1951 and 1956, can you remember the 12 names they went by in that timeframe? 13 A Well, that's the only name that I can 14 remember was Bestwall. 15 Q Okay. From 1951 to 1956 did Certain-Teed 16 make and sell any asbestos-containing patching plasters? 17 A Did we sell any asbestos-containing patching 18 plasters? 19 Q Yes. 20 A I would have to go back to the formulas and 21 determine whether patching plasters contained asbestos. 22 Q So as you sit here today you don't know about 23 that one, is that correct? 24 A No, I'm not sure about that. 25 Q Between 1951 and 1956 did Certain-Teed make Page 72 1 bedding compounds? 2 A Yes. 3 Q Okay. Can you recall the brand names or trade 4 names of any ofthe asbestos-containing bedding compounds 5 that Certain-Teed made and sold during 1951 to 1956? 1 6 A Not other than the Bestwall name that I 7 already have given you. 8 Q Okay. Between 1951 and 1956 did Certain-Teed 9 make and sell any asbestos-containing topping compounds? 10 A Not unless it was the Bestwall name that I've 11 already given you. 12 Q Okay. Fortheperiodof 1951 to 1956,and 13 confining ourself to the gypsum line ofproducts that you 14 worked with and are familiar with, can you recall any 15 other types of asbestos-containing products that were 16 made and sold by Certain-Teed? 17 A What do you mean by other types? 18 Q Other than the ones we've talked about here. 19 A Oh, no. 20 Q Okay. Now, I want to switch and I want to go 21 to the period of 1956 to 1965, talk about Bestwall. 22 Okay. Between 1956 and 1965 did Bestwall make and sell 23 any asbestos-containing joint compounds? 24 A Yes. 25 Q Okay. And as you sit here today, can you Page 71 1 and sell any asbestos-containing textures? 2 A Yes. 3 Q Okay. Can you recall any brand names or trade 4 names ofthose asbestos-containing textures for the 5 period of 1951 to 1956? 6 A Certex. 7 Q For the period of 1951 to 1956 did 8 Certain-Teed make and sell any asbestos-containing 9 acoustical plasters? 10 A Did Certain-Teed? 11 Q Certain-Teed, 1951 to 1956. 12 A Yes. 13 Q Okay. And can you recall the brand names or 14 trade names ofany of those products, asbestos-containing 15 acoustical plasters, for the period of 1951 to 1956? 16 A Lite Acoustic. 17 Q Okay. Are you familiar with a product called 18 Kalite? 19 A Yes. 20 Q Okay. Is that an asbestos-containing 21 acoustical plaster? 22 A I would have to go back and consult the 23 formula to be absolutely sure whether it was or not 24 Q Okay. For the period of 1951 to 1956 did 25 Certain-Teed make and sell any asbestos-containing Page 73 1 recall the brand names or trade names of any of the 2 asbestos-containingjoint compounds that were made and 3 sold by Bestwall from 1956 to 1965? 4 A Only the name Bestwall. 5 Q Did Bestwall make and sell any 6 asbestos-containing reinforcing joint finishers between 7 1956 and 1965? 8 A Yes. 9 Q Okay. And can you recall any of the brand 10 names or trade names of the asbestos-containing joint 11 finishers that were made and sold by Bestwall between 12 1956 and 1965? 13 A Only the Bestwall name. 14 Q Okay. Did Bestwall make and sell any 15 asbestos-containing patching plasters between 1956 and 16 1965? [ 17 A Again, I would have to consult the formulas 18 to determine whether they did or didn't. 19 Q The patching plasters you're not sure about? 20 A I'm not sure about it 21 Q Okay. Did Bestwall make and sell any 22 asbestos-containing textures between 1956 and 1965? 23 A Yes. 24 Q Okay. And other than just the Bestwall name, i 25 can you recall any brand name or trade name associated 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 19 (Pages 70 to 73) Fax (704) 372-4593 T" Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ai. C. William Lehnert 10/3/2001 Page 74 1 with the textures that contained asbestos that were sold 2 by Bestwall between 1956 and 1965? 3 A Well, there was a Bestex name used. 4 Q Between 1956 and 1965 did Bestwall 5 manufacture and sell any asbestos-containing acoustical 6 plasters? 7 A Did Bestwall? 8 Q Bestwall. 9 A Yes. 10 Q Okay. And other thanjust the Bestwall name, It can you recall any brand name or trade name? 12 A Just the Lite Accoustic. 13 Q Lite Accoustic. Okay. Between 1956 and 1965 14 did Bestwall make and sell any asbestos-containing 15 bedding compounds? 16 A Yes. 17 Q Okay. And other than the Bestwall name, can 18 you recall any brand name or trade name associated with 19 asbestos-containing bedding compounds that were 20 manufactured and sold by Bestwall between 1956 and 1965? 21 A No. 22 Q Okay. Did Bestwall, during the period 1956 to 23 1965, manufacture and sell any asbestos-containing 24 topping compounds? 25 A Yes. Page 76 i A Yes, I believe we would have had One Day 2 joint compound, so that would be another name. 3 Q Okay. Now, you previously testified that you 4 worked on the development of the Ready Mix joint 5 compound. Is that correct? 6 A Yes. ] I 7 Q And I believe you indicated that that was put 8 on the market in about 1965. Is that correct? 9 A Yes. ] j j 10 Q Okay. Was that before or after 11 Georgia-Pacific acquired Bestwall? I f 12 A I think we had started at least to do some 1 13 limited marketing prior to 1965. j 14 Q . Other than the Ready Mix joint compound that I 15 was begun to be marketed in 1965, were all ofthe other 1 16 joint compounds that contained asbestos that were made 1 17 and sold by Bestwall and by Certain-Teed ofa dry | 18 variety? 19 A I'm sorry, I didn't quite understand your 20 question. 21 Q Let me -- you previously testified that Ready 22 Mix is different from otherjoint compounds because it 23 comes with water already added, correct? 24 A Yes. 25 Q And otherjoint compounds come dry and have Page 75 1 Q Okay. And other than the Bestwall name, can 2 you recall any brand name or trade name that was 3 associated with asbestos-containing topping compounds 4 made and sold by Bestwall between 1956 and 1965? 5 A No. 6 Q Okay. Other than the products for Bestwall 7 that we've just talked about for the period of 1956 to 8 1965, can you recall any other types or brand names or 9 trade names of asbestos-containing products that were 10 manufactured and sold by Bestwall? 11 A Yes. 12 Q Okay. What would those be, please? 13 A Triple Duty. 14 Q And what kind of a product is Triple Duty? 15 A It's a dry product that can be used for 16 taping and finishing ofjoints in drywall construction. 17 It can be used for texturing as well. 18 Q Okay. Any others? 19 A Did we mention One Day joint compound? 20 Q No, we did not mention One Day joint 21 compound. 22 A Okay. 23 Q And what would One Day joint compound -- 24 A Which are the dates -- oh, yes, okay. 25 Q 1956 to 1965, Bestwall. Page 77 1 to be mixed, correct? 2 A Yes. 3 Q Prior to 1965 when Ready Mix went on the 4 market, were all the otherjoint compounds that were made 5 and sold by either Certain-Teed from 1951 to 1956 and by 6 Bestwall from 1956 to 1965 of the dry variety that had to 7 be mixed with water? 8 A 1 don't understand the question. It was kind 9 of a complex question. 10 Q Okay. I'll break it up. 11 A 12 help. 13 Q Ifyou can break it down for me, it would 1 From 1951 to 1956, Certain-Teed made and sold 1 14 asbestos-containing joint compounds, correct? 15 A Yes. 1 1 16 Q Okay. Were any of thosejoint compounds ofa 1 17 premixed type? 18 A Prior to -- 1 19 Q Between 1951 and 1956. 20 A No. M I 21 Q Okay. Did they all come in a bag from 1951 to 22 1956? 23 A No. 24 Q Okay. What kind ofpackaging did they come 25 in? I i | 1 --sans 20 (Pages 74 to 77) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 78 Page 80 1 A Some came in a box. 1 Q And ifwe turn to the second page of Exhibit 2 Q Okay. Was it always a dry product during that 2 B, this is for the Akron, New York plant and the Chicago, 3 time period? 3 Illinois plant, you have--what does that say there? Is 4 A Yes. 4 that "Dow Resin"? 5 Q Okay. For the period of 1956 to 1965, the 5 A Yes. 6 joint compounds that were made and sold by Bestwall that 6 Q And there's an asterisk there, is that 7 contained asbestos, were any ofthose a pre mix variety? 7 correct? 8 A Prior to 1965? 8 A Yes. 9 Q Prior to 1965. 9 Q Now, what is the significance ofDow Resin? 10 A We may have had some early shipments of Ready 10 A It was a formula that was marketed only 11 Mix prior to 1965. I can't be sure of the precise date 11 briefly and failed, and so that was the reason it was 12 when we began to market it. 12 only available for some number ofmonths. 13 Q Other than Ready Mix - 13 Q Okay. When you - and was Dow Resin an 14 A Oh, other than Ready Mix? 14 ingredient in these products? 15 Q Other than Ready Mix, were thejoint 15 16 compounds from 1956 to 1965 that were made and sold by 16 A Yes. Q When you say the product failed, what do you | [ 17 Bestwall a dry variety or a pre mix variety? 17 mean? 1 18 A You mean were the products -- say it one more 18 A Well, it cracked after it dried and in some j 19 time. I can't quite understand. 20 Q 195621 A I understand the dates, yes. 19 cases fell away from the comer beads, and so we pulled 20 it offthe market. 21 Q Okay. If we go back to the first page of | | 1 22 Q -to 1965- 22 Exhibit B in the "Comment" column under Acme, Texas for 23 A Yes, I understand the dates. 23 the All Purpose products you have -- what have you 24 Q -- joint compounds that were made by 24 written there? 25 Bestwall, other than Ready Mix, were those premixed .25 A "Memphis only", Page 79 1 products or were those dry products? . 2 A They were dry products. 3 Q Okay. And did they also come in bags or 4 boxes? 5 A Yes. 6 MR. KOHLBUKN: Okay. That's all I've got 7 MR. BONO: Thank you. 8 MS. JOHNSON: Let's go offthe video while 9 they switch seats, please. 10 THEVIDEOGRAPHER: We're going offrecord. 11 The time is 1:18 p.m. 12 (Recess taken.) 13 THE VIDEOGRAPHER: We're back on the record. 14 The time is 1:31 p.m., beginning ofTape No. 2. 15 EXAMINATION 16 BY MR. WILL: 17 Q Good afternoon, Mr. Lehnert My name is 18 Trevor Will. I'm here for Union Carbide Corporation. I 19 have a couple ofquestions for you about some of the 20 things you've been asked about here previously today. 21 Would you take Exhibit B, which is your 22 summary? And I notice on the right-hand side ofthat 23 exhibit there's a column, isn't there, where you've got 24 "Comment" or "Comments"? 25 A Comments, yes. Page 81 1 Q What's the significance ofthat comment? 2 A That formula was manufactured for the Memphis 3 market. 4 Q Only? 5 A Only. 6 Q So does that mean that the Union Carbide 7 SG-210 was included only in the All Purpose that was sold 8 in the Memphis market during those time periods? 9 A Yes. 10 Q And was there other AH Purpose product then 11 made at the Acme plant that did not contain Union Carbide 12 SG-210 asbestos? 13 A Yes. 14 Q Ifwe go down to Triple Duty under Acme, j 15 Texas, and what have you written in the "Comment" there? 1 16 A "Denver only". And then below that I wrote 17 "Gardineer". 18 Q What is the significance of"Denver only, 19 Gardineer"? i | I j 20 A The product was manufactured and shipped 1 21 strictly to Denver for Gardineer Dtywall. It's a large j 22 drywall company. j 23 Q Now, does that mean there was other Triple 24 Duty made at the Acme, Texas plant during the October 25 5th, 1974 to April 22nd, 1976 time period that did not j \ | jUAU 800-333-2082 Reported By: Sheryl L, Akerley, RMR Spherlon Deposition Services (704) 333-9889 21 (Pages 78 to 81) Fax (704) 372-4593 T Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et ai. C. Williahi Lehnert 10/3/2001 Page 82 1 have Union Carbide SG-210 in it? 2 A Yes, that's correct 3 Q And I believe when Mr. Bono was asking you 4 some questions earlier I thought I heard you say that all 5 of the Triple Duty made at the Acme, Texas plant between 6 October of'74 and April of'76 would have had Union 7 Carbide asbestos in it. If you said that, was that a 8 misstatement? 9 MR. BONO: Objection to the form. 10 THE WITNESS: I hope 1 didn't say that, 11 because that would have been a mistake. 12 BY MR. WILL: 13 Q Okay. 14 A Because obviously it was only for -- only the 15 shipments that went to Denver that were for this one 16 drywall contractor was SG-210. 17 Q Okay. So I'm clear, then, the only Triple 18 Duty out of the Acme, Texas plant that had Union Carbide 19 SG-210 was the Triple Duty that was sent to the Gardineer 20 contractor in the Denver area? 21 A Yes, that is correct. 22 Q The next item you have under Acme, Texas is 23 Speed Set Is that correct? 24 A Yes. 25 Q Now, was Speed Set made before June 29th of Page 84 1 listed under any ofthe other plants would indicate that 2 you did not find any formulas that called for Union 3 Carbide SG-210 in that product at those other plants. Is 4 that right? 1 1 j 5 A That's correct. 6 Q Okay. And ifyou wanted to know the years 7 when Speed Set or One Day was made you would go and look 8 at the Georgia-Pacific formulas. Is that right? 9 A Yes. | 10 Q And obviously you haven't memorized all of 11 that sitting here today, correct? 12 A Not quite. 13 Q Okay. Ready Mix, the Ready Mix.line of 14 products was made starting you said in 1965, or maybe a 15 little earlier? 16 A Yes. 17 Q And it had asbestos in it up until May of 18 '77. Is that correct? 19 A Yes. 20 Q So prior to the time that the Union Carbide 21 SG-210 asbestos was used in it, what type ofasbestoswas 22 used in it? 23 A Phillip Carey 7RF-9 was the primary asbestos 24 that was used. 25 Q And as I look at your Exhibit BI see that 1 j j i i j j I Page 83 1 1971? 2 A The reason I'm hesitating is the product 3 originally was called One Day, and One Day may have been 4 madebefore 1971, and the name was later changed to Speed 5 Set 6 Q Did the -- do you know why the name was 7 changed? 8 A No, I don't. 9 Q Okay. Was the formula, though, for the One 10 Day and the Speed Set, it was pretty much the same 11 product? 12 A Yes. 13 Q All right And so before June 29th of 1971, 14 whether this product was called Speed Set or One Day, it 15 was made with asbestos other than Union Carbide's? 16 A Well, I'm not sure it even contained asbestos 17 and I would have to consult the formulas to be sure. 18 Q Was Speed--if 1 refer to it as Speed Set, 19 will you understand drat includes One Day as well as 20 Speed Set? 21 A Yes. 22 Q Okay. Was Speed Set made at plants other 23 than Acme, Texas? 24 A Yes. 25 Q Now, the fact that you do not have Speed Set Page 85 | 1 there are different dates for different plants when the 2 SG-210 was introduced into the Ready Mix. Would that be 3 correct? 4 A Yes, that's correct 5 Q For example, Chicago began using SG-210 it 6 looks like in October of 1970? 7 A Yes. 8 Q Whereas Acme, Texas didn't begin using it in 9 Ready Mix until September of '71 ? 10 A That's right 11 Q And so in Acme, Texas, then, until September 12 of 71 they would have been using the Phillip Carey or 13 the Johns Manville, or some combination ofthose? 14 A Yes. 15 Q Mr. Bono asked you a series ofquestions 16 about the dates that the different products were made in 17 the different plants. Do you remember that? 18 A Yes. 19 Q He pretty much went through your exhibit 20 plant by plant and asked you about the products and the 21 dates, didn't he? 22 A Yes. 23 Q And the only question I had was sometimes he 24 made it a point ofsaying this product was made at this 25 particular plant for these particular dates with Union 22 (Pages 82 to 85) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 86 1 Carbide asbestos, and sometimes he'd just say this 2 product for these dates. 3 Do you remember that difference, or am I 4 confusing you here? 5 MR. BONO: Objection, relevance. 6 BY MR. WILL: 7 Q Let me 8 A I don't remember that. 9 Q Okay. Let me see ifI can ask you a better 10 question. If we look at Exhibit B, what you have tried 11 to do there is set out the dates that particular plants 12 made particular products with formulas that contained 13 Union Carbide SG-210, is that correct? 14 A Yes. 15 Q And certain plants may have made a product 16 that had Union Carbide SG-210 in it while another plant 17 could have made that same product without Union Carbide 18 SG-210, is that possible? 19 MR. BONO: Objection, speculation. 20 THE WITNESS: I think we tried to - outside 21 the limits of these were the limits we gave for the 22 use ofthe SG-210 and we gave the exceptions to 23 that 24 BY MR. WILL: 25 Q Right. What I'm --let me see if I can focus Page 88 1 Q -- was that manufactured in plants other than 2 Acme, Texas? 3 A Yes. 4 Q Okay. But the only place where the records 5 show that it contained Union Carbide SG-210 is the Acme, 6 Texas plant? | 7 A Yes, that's correct. 8 Q Okay. And for example, was Triple Duty, was 9 that product made at places other than Acme, Texas? 10 A Yes. 11 Q And was it made in Akron? Not with the Union 12 Carbide asbestos. I'm just asking in general, was Triple 13 Duty made there? 14 A I'd have to go back through the formulas to 15 be sure. 16 Q At which plants it was made. 6 | 17 A Yes. 18 Q But you do know it was made at other plants? 19 A Yes, I do.. 20 Q And since looking through your exhibit, 21 Triple Duty is not listed as containing SG-210 at any 22 plant other than Acme, Texas, is that correct? 23 A Yes. 24 Q Okay. So to the extent Triple Duty was made 25 at these other plants, it was made without SG-210? Page 87 l the question a little better. 2 A So we said all formulas contained SG-210 3 except -- 4 Q Right And if they were making Ready Mix in 5 Acme, Texas in June of 1970, they were making it without 6 Union Carbide SG-210, is that correct? 7 A Yes. 8 Q Likewise, if they were making Speed Set or 9 One Day in Akron, New York, they were making it without 10 Union Carbide asbestos? Ifwe look at Akron, New York -- 11 A Yes, but the answer's no. 12 Q The answer's -- do you know whether they made 13 Speed Set in Akron? 14 A It was not manufactured in Akron. 15 Q In Akron. Okay. Was it ever manufactured in 16 Chicago? 17 A No, it was not. 18 Q Okay. Was it manufactured anywhere other than 19 Acme? 20 A Other than -- 21 Q Speed Set -- 22 A Other than Acme? 23 Q --the product. Let me see if I can go back. 24 The product Speed Set or One Day -- 25 A Yes. Page 89 ; 1 A That's correct. 2 Q And that would be true for all of these 1 3 products? 4 MR.BONO: Object. Objection to the form of j 5 the question. j 6 THE WITNESS: What do you mean by all these 1 7 products? I 8 BY MR. WILL: f 9 Q All right. Let me see ifI can rephrase. j 10 The -- you have listed the product under the plant where 1 U it was made where the formula called for Union Carbide | 12 SG-210, is that right? jj 13 A Yes. 14 Q But ifthe product was made at a different } 15 plant without SG-210 you have not listed that on Exhibit j 16 B, correct? 17 A That is correct. | | 18 Q All right. The other thing, that you put s 19 some percentages of SG-210 on your Exhibit B, is that j 20 right? [ 21 A Yes. J 22 Q And is that percentage by weight or by 23 volume? 24 A That's a percent by weight. i i 25 Q Okay. But you mentioned before that some of ! 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 23 (Pages 86 to 89) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclfte, et ah C. William Lehnert 10/3/2001 Page 90 1 these products had more than one type of asbestos in 2 them, correct? 3 A Yes. 4 Q And you have not - Exhibit B does not list 5 the other types of asbestos, does it? 6 A No, it does not. 7 Q And it doesn't list the percentage of the 8 other asbestos, does it? 9 A Yes, it does not. 10 Q Yes, it does not. Okay. 11 A Is that right? 12 Q All right. Well, for example, Speed Set had 13 Phillip Carey asbestos in it, didn't it? 14 A I'm not sure. I'd have to go back to the 15 formula to see whether indeed it had any asbestos at all. 16 Q All right. Well, let me show you, and this 17 is just by reference, it's just a page I grabbed. It's 18 A-l 19 out ofthe Exhibit A. 19 MS. JOHNSON: Speed Set? 20 MR. WILL: Yes. 21 MS. JAGGER: A-19? 22 MR. WILL: A-l 19. 23 BY MR. WILL: 24 Q And it has the number on it SGP for 25 identification 0018388. Is that right? Page 92 1 asbestos that were in the products, is that correct? 2 A That's correct. 3 MR. BONO: Objection, relevance. 4 BY MR WILL: 5 Q Okay. You mentioned that in putting together 6 your Exhibit B you looked at, I think you said, hundreds 7 of pages of formulas. Is that coirect? 8 A Yes. 9 Q Do you actually have a copy of all of the 10 formulas for Georgia-Pacificjoint compound products? 11 A 1 believe 1 do. 12 Q And can you give us an idea ofhow big a | 13 volume of paper that is? i 14 A Well, it's two of these big boxes. I don't 15 see one of the boxes here, but it's two ofthose boxes. 16 so I'm guessing it's somewhere in the neighborhood of300 17 or more formulas. i 18 Q When you say "boxes", are you talking about j 19 what's called a banker's box of documents? 20 A Well, it's kind of a document box, yes. 21 Q Okay. About, what, two feet by two feet, 22 something like that? 23 A It's longer than it is wide, so -- 24 Q Okay. Three feet by two feet? 25 A I don't know what the exact dimension is. Page 91 1 A SGP 0018388, yes. 2 Q Right. And it's been hand numbered Exhibit 3 A-l19? 4 A Yes. 5 Q All right. Now, that is a formula for Speed 6 Set joint compound from the Acme, Texas plant, is that 7 right? 8 A That's right. 9 Q Dated June 29 of 1971? 10 A That's right. 11 Q And this shows SG-210 was in the product 12 formula, correct? 13 A Yes. 14 Q At half a percent of weight, right? 15 A That's correct. 16 Q It also shows that Phillip Carey 7RF09 was in 17 the formula? 18 MR. BONO: Objection, relevance. 19 BY MR. WELL: 20 Q Is that coirect? 21 A Yes, that's correct. 22 Q At 2.25 percent? 23 A Yes. 24 Q And when you put together your Exhibit B you 25 did not then list the percentages of other companies' Page 93 1 Q Okay. But anyway, they're both filled with 2 these formulas? 3 A Yes. 4 Q And what we've produced today in Exhibit A 5 is -- can you tell me how many pages that is of formulas 6 there? 7 A I haven't counted them, no. 8 Q They're numbered. All you have to do is look 9 at the last page. 10 A Oh, 123. i 11 Q Pages of formulas. Were the -- when a 12 formula was changed slightly there would be a revision 13 issued, is that correct? 14 A Yes. 15 Q Okay. So that in Exhibit A, what, there are 16 formulas that may have only been in effect for a very 17 short period of time and then been replaced by another 18 one? 19 A Yes. 20 Q And what you have done in Exhibit B is to try 21 to distill or summarize the time period covered in total 1 22 by all of those formulas, is that right? 1 23 Maybe I can rephrase the question. When you 1 24 put Exhibit B together did you go through the documents | 25 that have been marked as Exhibit A, or were you working 1 ______ ________ -______ __ _______--_______________ i 24 (Pages 90 to 93) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Padfic, et al. C. William Lehnert 10/3/2001 Page 94 1 offofyour own documents at home? 2 A 1 was working offof the large volume of 3 formulas that I have. 4 Q So you used your boxes at home, not Exhibit 5 A? 6 A Yes. 7 Q You mentioned a lab note with respect to the 3 Milford, Virginia document -- plant, rather, and also a 9 lab document with respect to the Marietta, Georgia plant 10 Do you know whether those documents are in Exhibit A, or 11 are they something different? 12 A They're something different 13 Q Okay. In Exhibit A there are -- I think the 14 first page is a good example. There are some documents 15 that have handwriting on them. Do you see that? 16 A Yes. 17 Q And do you know whose handwriting that is? 18 A Ho, I can't be sure. 19 Q Okay. Could I see the exhibit forjust a 20 second? Thank you. 21 Could you - the first page, A-l, which has a 22 number on it SGP 0017274, do you know what the 23 significance ofthe handwriting is at the bottom of that 24 page? 25 A I don't. I looked at these and I was not Page 96 1 September '70, September 1970 in Akron, New York would 2 not have contained SG-210. Is that correct? 3 A Yes. The first products that contained it 4 were manufactured on December 29th, 1969. 5 Q Right But for the next nine months you said 6 most ofthe Ready Mix products did not have the SG-210. 7 Is that correct? 8 A For the next nine months? 9 Q Yeah, up until September of 1970. 10 A I see. Yes. There may have been -- 11 virtually all it says. 12 Q Right 13 A And so I assume that there was an overlapping 14 here. 15 Q Right And ifwe wanted to know exactly 16 which product formulas did and which ones didn't, we 17 should go back to Exhibit A and look at the individual 18 Ready Mix formulas for Akron? 19 A I don't know ifI understand the question. 20 Q All right Let me see. If I wanted to know 21 when SG-2 -- well, let me back up and ask a different t 22 question. How many different Ready Mix products were ] 23 there or formulas were there? ! 24 A I don't think I know exactly, but there were j 25 some number ofdifferent Ready Mix formulas. 5 Page 95 1 sure what the author had in mind when he put this 2 information down. 3 Q Okay. So in terms ofyour relying on those 4 documents, you would stick with the printed or the typed 5 material as opposed to the handwritten material? 6 A Insofar as the asbestos amounts? 7 Q Yeah. Yes. 8 A Yes. 9 Q Okay. Ifyou'd look at Exhibit B again in -- 10 on the second page, the Akron, New York plant where it 11 talks about Ready Mix, I wanted to make sure I understood 12 your note after the Ready Mix. And did I understand you 13 to say correctly that in December -- on December 29th of 14 1969 the first formula was changed to include some 15 SG-210? 16 A Yes. 17 Q But that up until September 7 -- September of 18 1970, most of the Ready Mix products from Akron, New York 19 used exclusively the Phillip Carey 7RF09? 20 A Yes. 21 Q And then starting in September of 1970, all 22 available fotmulas used some Union Carbide SG-210? 23 A Except for asbestos-free. 24 Q Except for asbestos-free. Okay. So that 25 most ofthe Ready Mix products made prior to i Page 97 j 1 Q All right And ifwe wanted to know when j 2 SG-210 was introduced into any one particular formula we | 3 should go back to Exhibit A and look carefully, or should I 4 we go back to your documents and look carefully? I 5 A Well, 1 think this document tells you which | 6 formulas were used in it Is that your question? 7 Q No. 8 A No. 9 Q Let me see if lean try again. Asl | j 10 understand your note, I believe you testified under 11 Akron, New York, you said that some formulas got SG-210 12 in December of 1929 -- excuse me. Let me try again -- | 13 December 29th, 1969-- j 14 A Yes. | 15 Q - but that most of them did not contain 16 SG-210untilSeptemberofl970. j j 17 A Yes, I think that's correct. j 18 Q Okay. And ifI wanted to know which formulas I 19 had SG-210 as ofDecember 29th, 1969,1 should look at 20 the formulas themselves? 21 A Yes. jj 22 Q All right. You were asked a question about 23 whether product was shipped from one area - from a plant 24 in one area to a region that was typically served out of 25 another plant Do you remember that question? 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 25 (Pages 94 to 97) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ai. C. William Lehnert 10/3/2001 Page 98 1 Page 100 1 A Yes. 2 Q And you said that it would happen sometimes. 3 A Yes. 4 Q Do you know whether it was usual or typical 5 for it to happen, or was it unusual? 6 A It depended on the product. 7 Q Okay. Were there hard and fast geographic 8 lines where one plant was supposed to serve and not go 9 outside of its area, or were distributors free to sell 10 wherever? 11 A I don't know of anything like that 12 Q Okay. Do you know the circumstances under 13 which product from one plant might be sent halfway across 14 the country? 15 A Yes. 16 Q Okay. What were some ofthose circumstances? 17 A Well, take for example, Acme made polystyrene 18 texture and they were the only ones that manufactured 19 polystyrene texture. In fact they manufactured most of 20 the textures, and so they would ship them to the other 21 plants so that the textures then could be marketed along 22 with the products that they had. 23 Q What about something like Ready Mix, would 24 that sometimes be sent to a different region? 25 A I don't know of any instance where Ready Mix 1 A No. 2 Q Okay. Do you know in terms ofall the 3 formulas -- never mind. 4 Was there a procedure in manufacturing that 5 permitted variations from the formulas? That is, could 6 the product be made with a change from the approved 7 formula under certain circumstances? 8 A No. 9 Q Did --do you have any sense ofwhat quantity 10 ofproduct was made for any ofthe formulas that you have It set out in Exhibit B? I 12 A No, I do not 13 MR. WILL: Okay. I think that's all I have 14 for you right now, Mr. Lehnert Thank you very 15 much. 16 MS. JOHNSON: Let's go offthe video while we 17 switch seats, please. | 18 THE VIDEOGRAPHER: Going off record. The g 19 time is 2:00 p.m. 1 20 (Briefbrcak.) 1 21 THE VIDEOGRAPHER: Back on record. The time 8 22 is 2:07 p.m. | 23 EXAMINATION 8 24 BY MS. GEISE: 1 25 Q Good afternoon, Mr. Lehnert My name's Betsy | Page 99 1 would have been shipped to a different region. 2 Q So the time, the occasions when a product 3 would be sent from one region to another would generally 4 be when a plant in the other region didn't make that 5 product, or there was a shortage ofit, something like 6 that? 7 A I don't know about shortages, but where they 8 didn't manufacture the product, why, they would get it 9 from a plant that did. 10 Q That did, okay. Do you know where the 11 boundary line was between the Chicago plant, for example. 12 and the Acme, Texas plant? 13 A No, I don't. 14 Q Or any of the plants? 15 A No. 16 Q In terms ofthe volume of asbestos, what was 17 the biggest supplier of asbestos to Georgia-Pacific for 18 use in the joint products? 19 MR. BONO: Objection, foundation. 20 THE WITNESS: I don't know. 21 BY MR. WILL: 22 Q Okay. Do you have any way ofcomparing how 23 much Union Carbide asbestos was purchased versus how much 24 Phillip Carey asbestos was purchased? . 25 MR. BONO: Objection, relevance. Page 101 | 1 Geise. I'm from the firm of Shea & Gardner in 2 Washington, D.C. and I'm here for Certain-Teed 1 i 3 Corporation. 4 When you were hired by Certain-Teed in 1951 6 | 5 it was as a chemist, correct? I 6 A It was what? | 7 Q Asa chemist, correct? | 8 A Yes, that's correct. 1 9 Q And in 1956 when Bestwall Gypsum corporation 1 10 was created, I believe your testimony was that you were, | 11 quote, still a chemist, correct? 12 A Yes, that's correct 1 | 13 Q And your primary responsibility in 1951 and I 14 1956 and during your employment for Bestwall Gypsum | 15 Corporation was in creating and keeping track of the | 16 formulas for products manufactured by those companies, | 17 correct? 18 A I don't think that's accurate. 19 Q Why don't you tell us what your main 20 responsibilities were? I 21 A It was formulatingjoint compounds that would I 22 be acceptable in the marketplace. 1 23 Q And that was yourjob between 1951 and 1956? I 24 A No. I started that in the early fifties, I 1 25 started working on joint compounds, and about 1955 was | m 26 (Pages 98 to 101) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 102 1 given that responsibility to formulate -- it may have 2 earlier. It may have been 1954 - thejoint compounds at 3 the request of the Sales Department 4 Q And then between 1954 and 1956 when you went 5 to work for Bestwall yourjob was formulating the 6 formulas for the products that were manufactured by the 7 company, correct? 8 A Well, it didn't really change. 9 Q And thatjob didn't change between '56 and 10 '65, did it? 11 A No, it was pretty much the same throughout 12 that whole time. 13 Q You were never an officer of Certain-Teed 14 Products Corporation, were you? 15 A No, I was not. 16 Let me back off. You said '65. I'm sorry, 17 we have to go up to'50 to'60. Myjob didn't change 18 until 1960. 19 Q In I960, why don't you tell us what yourjob 20 change was? 21 A All right. It was -- they created a small 22 Research Department and I was the working group leader. 23 Q But you were never an officer of Certain-Teed 24 Products Corporation, were you? 25 A Yes, I was never an officer. Page 104 1 it? 2 A That's correct, I was not. 3 Q And you weren't involved in carrying it out, 4 were you? 5 A No, I was not 6 Q And you don't know the financial arrangements 7 whatsoever between Certain-Teed Products Corporation, 8 Certain-Teed Bestwall Sales Corporation and Bestwall 9 Gypsum Corporation, do you? 10 A That's correct, I do not. 11 Q Now, you testified that a man named 12 Mr. Shuttleworth was your supervisor at Certain-Teed 13 Products Corporation? 14 A My first supervisor was Gilbert Hoggatt. 15 Q Correct And was Mr. Shuttleworth your 16 supervisor after Mr. Hoggatt? 17 A Yes. 18 Q And was he your supervisor when you were at 19 Certain-Teed7 20 A Let's see. I can't remember exactly when 21 Mr. Hoggatt was transferred to a different position and 22 then I reported to Mr. Shuttleworth, but -- so I donl 23 know whether it was before '56 or after '56. 24 Q And Mr. Shuttleworth, however, was your 25 supervisor when you worked for Bestwall Gypsum Company? Page 103 1 Q And you were never an officer of Certain-Teed 2 Bestwall Sales Corporation, were you? 3 A No, I was never an officer of that -- 4 Q Or of Bestwall Gypsum Corporation? 5 A Never. 6 Q And you were never a director of any of those 7 three corporations, were you? 8 A That's correct, I was not. 9 Q And you never attended any board meetings of 10 any of the those corporations, did you? 11 A No, I did not. 12 Q And you were not familiar with the minutes of 13 board meetings ofthose corporations? 14 A I was not. 15 Q And you're not a lawyer, are you? 16 A No, I'm not. 17 Q Thankfully. 18 Now, are you familiar with the separation 19 agreement in 1956 between Certain-Teed Products 20 Corporation and Bestwall Gypsum Corporation? 21 A No, I'm not. 22 Q You weren't involved in negotiating that 23 separation agreement, were you? 24 A No, I was not. 25 Q And you weren't involved at all in drafting Page 105 1 A Yes. 2 Q And Mr. Shuttleworth was also your supervisor 3 when you worked for Georgia-Pacific, correct? 4 A Yes. 5 Q So he, like you, followed the business? 6 A Yes. That went up to 1967. 7 Q You testified, I believe, that when you 8 worked for Certain-Teed -- which was 1951 to '56, 9 correct? 10 A That's correct. 11 Q -- that the fiber, the asbestos fiber, that 12 was used in the products was purchased either from 13 Phillip Carey or Johns Manville Corporation, correct? 14 A Yes. 15 Q And that fiber was all chrysotile or white 16 fiber, correct? 17 A That is correct. 18 Q One final question. Mr. Kohlbum led you 19 through a whole long list ofproducts from Certain-Teed's 20 Gypsum Division from 1951 to 1956. Do you remember that 21 list of products? 22 A Yes. 23 Q And just to make sure that the record's 24 clear, you can't think of any product that he named -- 25 that he did not name that was produced by Certain-Teed's 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 27 (Pages 102 to 105) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 106 1 Gypsum Division between 1951 and '56 that contained 2 asbestos? 3 A Would you ask that question again? I'm not 4 sure I follow it. 5 Q You went through a long list ofproducts with 6 Mr. Kohlbum, remember, joint compounds -- 7 A Yes. S Q --joint finishers, patching plasters. 9 acoustical, et cetera? 10 A Yes. 11 Q Is there any product that you can think of 12 between 1951 and 1956 that Certain-Teed's Gypsum Division 13 made that contained asbestos that you haven't told us 14 about today? 15 A We talked about some possibilities that I 16 said 1 would have to check the formula for. 17 Q Right. 18 A Some textures. 19 Q Right. There were things you weren't sure 20 whether they contained asbestos? 21 A Yes, yes. 22 Q But can you think of any other type of . 23 product between 1951 and 1956 that contained asbestos 24 that Certain-Teed manufactured through its Gypsum 25 Division? Page 108 1 MR. BONO: Yeah, just one, I think, or one 2 little series. 3 EXAMINATION 4 BY MR. BONO: 5 Q Mr. Lehnert, again going back drawing your 6 attention to the '51 to '56 timeframe, did Certain-Teed 7 Products Corporation invent and patent a product called 8 Firestop? 9 MS. JAGGER: Objection. 10 MR. BONO: I understand your objection. She 11 opened the door to it, though. 12 MS. JAGGER:. No. 13 MR. PLOTNER: No. 1 1 14 MS. GEISE: No, I did not. 15 MR. BONO: Yes, you did -- 16 MS. JAGGER: No. Off the record. 17 MR. BONO: -- because it contained asbestos. 18 You asked about whether or not they made any other 19 asbestos-containing products. 20 MS. JAGGER: No.no. 1 21 MR, BONO: Hold on. You asked about whether 22 or not they manufactured any other 23 asbestos-containing products, and they did get a 24 patent on a product called Xboard or Firestop that 25 contained asbestos. You asked him. ; Page 107 1 A I can't think of any. 2 MS. GEISE: Thank you. I don't have any 3 other questions. 4 MS. JAGGER: Do you have followup? I have 5 three questions. 6 MR. BONO: I don't know if anybody else has 7 got further cross before we go. 8 EXAMINATION 9 BY MS. JAGGER: 10 Q Mr. Lehnert, through the course of the 11 deposition today you've been asked some questions about 12 acoustical plaster. Acoustical plaster is not a product 13 that you have listed on Exhibit B, is that right? 14 A That's correct. 15 Q Okay. Did Certain-Teed Corporation 16 manufacture acoustical plaster during the years that you 17 worked for them? 18 A 1 can't be sure exactly the dates, but there 19 was some acoustical plaster manufactured through the 20 Certain-Teed Bestwall dates. 21 Q Did Georgia-Pacific ever manufacture 22 acoustical plaster? 23 A No, they did not 24 MS. JAGGER: That's all my questions. 25 MS. JOHNSON: Anybody else? Page 109 1 MS. GEISE: I asked him if they manufactured 2 it. 3 MR. BONO: Well, you opened the door. I'm 4 going to ask the questions. It's only '51 to '56. 5 MS. JAGGER: Counsel, I'm going to let you 6 proceed until I say no. 7 MR. BONO: Okay. I agree. 8 BY MR. BONO: 9 Q Going back, sir--I'll have to start all 10 over again -- between 1951 and 1956, did Certain-Teed 11 Products Corporation invent and patent a product that was 12 marketed around the term of Firestop Waliboard? 13 MS. GEISE: Objection, compound. 14 A Yes. 15 Q Okay. Well, let's straighten out the 16 compound question. Did they invent a product called 17 Firestop Waliboard, Certain-Teed Corporation? 18 A Yes. 19 Q Did they patent a product called Firestop 20 Waliboard? 21 A Yes. 22 Q Did the original patent for Firestop 23 Waliboard call for the use of asbestos fibers? 24 A Yes. 25 Q Did the Firestop Waliboard contain 1 a 28 (Pages 106 to 109) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 110 1 Vermiculite from '51 to '56? 2 MS. JAGGER: Objection, no. That is by our 3 agreement something that was not going to be 4 discussed. 5 MR. BONO: I moved to '51 to '56. 6 MS. JAGGER: That doesn't matter. I mean, 7 you asked about asbestos. I mean, we had an 8 agreement that Firestop would not be discussed, and 9 ifyour intention is that the door was opened 10 because of the comment about asbestos fiber, then 11 ask about, as you have been doing, the patent and 12 the marketing with asbestos, but Vermiculite by 13 agreement -- 14 MR. BONO: Pursuant to my agreement with you, 15 I will not inquire any further regarding the 16 Vermiculite in Firestop. 17 MS. JAGGER: Thank you. 18 MR. BONO: That's all I have. 19 MS. GEISE: I want to take a break. 20 MR. BONO: I don't want a break. Let's go. 21 I'm done. 22 EXAMINATION 23 BY MS. GEISE: 24 Q Mr. Lehnert, between 1951 and 1956 did 25 Certain-Teed ever market Firestop with asbestos fibers in Page 112 1 was contaminated with tremolite asbestos, so -- 2 MS. JOHNSON: Move to strike. 3 MS. JAGGER: I think that our record is clear 4 enough without the last question, so if counsel will 5 withdraw that question, I believe we will be -- 6 MS. GEISE: I'll withdraw the question. 7 MS. JAGGER: Thank you. 8 MS. GEISE: Thanks very much, Mr. Lehnert. 9 EXAMINATION 10 BY MR. BONO: 11 Q Mr. Lehnert, when you testified that there 12 were no asbestos fibers in the Firestop board from '51 to 13 '56, I'm assuming you meant that they added no asbestos | 14 fibers to the mix. Is that correct? i 15 A I don't -- I don't really understand the 16 question. 17 Q Okay. Did you just testify that they did not J ! j 18 market Firestop between '51 and '56 with asbestos in it? s 19 A Yes. J 20 Q Okay. i 21 MS. JAGGER: Let'sjuststopherefora | 22 moment. This is-- 23 MR. BONO: I can't let the question the way 24 it stands stand as part of the record. 25 MS. JAGGER: All right. Ask the question was PagelU 1 it? 2 MR. BONO: Objection, foundation. 3 A No. 4 Q And how do you know that? 5 A Because I was there and witnessed the events 6 that occurred with the patents and the marketing of the 7 Firestop products. 8 Q And can you explain in a little more detail? 9 A All right The first patent was Mr. Croce's 10 patent and it contained asbestos. And almost on the 11 heels of that why Mr. Shuttleworth and Mr. Crocejointly 12 came up with the use of fiberglass in lieu of asbestos to 13 manufacture a type X or Firestop board, and it was that 14 product - the other product never went through any 15 building codes and got acceptance or was marketed, 16 whereas the fiberglass board was, and there were further 17 patents that were prosecuted with the glass fiber in, and IS that was the board that was ultimately manufactured. 19 Q So as marketed by Certain-Teed Products 20 Corporations, Firestop was asbestos-free, correct? 21 MR. BONO: Objection, foundation, and we're 22 going to be getting into the issue that Vermiculite 23 came from Libby, Montana -- 24 MS. JAGGER: Okay. I think that -- 25 MR. BONO: -- was added from W.R. Grace which Page J13 1 the patent -- the product as patented with asbestos 2 fiber ever marketed according to that patent. 3 MR. BONO: No,.that's not the question. 4 MS. JAGGER: Because that's what he answered 5 to her, that that is not -- that it was not 6 marketed, and she withdrew the other question. 7 MR. BONO: She phrased her questions as to 8 whether or not the asbestos board had asbestos 9 fibers in it. 10 MS. JAGGER: No, I think that was her last i 11 question that I asked her to withdraw. 5 12 MR. WILL: Could he answer the question f 13 whether the asbestos fiber was an ingredient? ! 14 MS. JAGGER: Yes, ifyou want to put it that [ 15 way, a constituent, or however, something like that, | 16 but not -- j 17 MR. WILL: In the formula, an ingredient. j 18 MR. BONO: That was the original question 19 that I asked and he couldn't answer it So let me 20 rephrase the question again. 21 MS. JAGGER: He just didn't understand it. j 1 j j 22 MR. BONO: Okay. 23 BY MR. BONO: 24 Q Between 1951 and 156 was the Firestop 25 Wallboard manufactured and sold with added -- strike j j 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 29 (Pages 110 to 113) Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 Page 114 1 that 2 Between 1951 and 1956 was the Firestop 3 Wallboard manufactured and sotd with asbestos fibers as a 4 constituent? 5 A No. 6 Q As an added ingredient in the Firestop 7 Wallboard? 8 A No. 9 Q Between 1951 and 1956 was Vermiculite a 10 constituent of Firestop Wallboard? 11 MS. JAGGER: Object. No, that's where our 12 agreement kicks in that we agreed not to discuss 13 today. 14 MR. BONO: Okay. 15 MS. JOHNSON: That's it? 16 THE VIDEOGRAPHER: That concludes the video 17 deposition of C. William Lehnert. The time is 18 2:22 p.m. We're offrecord. 19 20 (Thereupon, at 2:22 p.m., the deposition was 21 concluded.) 22 23 24 25 Page 116 1 REPORTER'S DEPOSITION CERTIFICATE 2 3 4 STATE OF FLORIDA ) ) 5 COUNTY OF LEE ) 6 7 I, Shetyl L. Akerley, RMR, certify that I was 8 authorized to and did stenographically report the 9 deposition ofC. WILLIAM LEHNERT; that a review of the 10 transcript was requested; and that the transcript is a 11 true and complete record of my stenographic notes. 12 13 I further certify that I am not a relative, 14 employee, attorney, or counsel of any ofthe parties, nor 15 am I a relative or employee of any ofthe parties' 16 attorney or counsel connected with the action, nor am 1 17 financially interested in the action. 18 19 Dated this 6th day of October, 2001. 20 21 Sheryl L. Akerley, RMR 22 23 24 25 Page 115 1 2 3 4 CERTIFICATE OF OATH 5 6 STATE OF FLORIDA) ) 7 COUNTY OF LEE ) 8 9 I, the undersigned authority, certify that C. 10 WILLIAM LEHNERT personally appeared before me and was 11 duly sworn. 12 13 WITNESS my hand and official seal this 6th day of 14 October, 2001. 15 16 17 18 Sheryl L. Akerley, RMR Notary Public, State of Florida 19 My Commission No. CC954774 Expires: August 15,2004 20 21 22 23 24 25 Page 117 1 ERRATA SHEET 2 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE 3 In Re: All Asbestos Litigation vs. Georgia-Pacific 4 Page/Line 5 Correction/Change 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 Under penalties of perjury, I declare that I have read my deposition and that it is true and correct subject to any 23 changes in form or substance entered here. 24 Date 25 C. WILLIAM LEHNERT 30 (Pages 114 to 117) 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ai. C. William Lehnert 10/3/2001 Page 1 able 13:17 18:8 25:3 about 6:18 10:20 13:23 19:20 33:20 42:8 47:8 53:14 70:22,24 72:18,21 73:19,20 75:7 76:8 79:19,20 85:16,20 92:18,21 95:11 97:22 98:23 99:7 101:25 106:14,15 107:11 108:18,21 110:7,10,11 absolutely 39:14 46:12 71:23 absorb 13:16 ACandS 4:6 6:10 acceptable 101:22 acceptance 111:15 access 21:3 according 113:2 Accoustic 74:12,13 accurate 59:21 60:2 60:3 101:18 Acme 27:7 29:8,11 30:19 33:6,8,16 43:24 45:14 46:1 47:4 51:2 52:15,16 52:19 53:5 58:12 80:22 81:11,14,24 82:5,18,22 83:23 85:8,11 87:5,19,22 88:2,5,9,22 91:6 98:17 99:12 Acoustic 71:16 acoustical 18:1 47:12 48:2,3,4,4 49:3,12 71:9,15,21 74:5 106:9 107:12,12,16 107:19,22 acquired 68:25 76:11 acquiring 68:8,14 across 98:13 action 116:16,17 actively 69:1 actual 51:20 actually 16:24 92:9 added 76:23 111:25 112:13 113:25 114:6 adding 56:2 addition 20:18 37:23 38:1 additional 38:7 adhere 52:3 adhesive 31:20 34:8 50:21,24 51:24,25 52:1 adjusted 24:13 admitted 24:5 advance 7:7,21 18:21 advantage 50:23 advertise 53:17 advertising 64:12 affect 51:12 after 17:13 31:12 41:22,25 42:17 76:10 80:18 95:12 104:16,23 afternoon 43:19 79:17 100:25 again 6:21 8:12 33:20 36:7,946:12 51:17 54:5 55:11 55:23 61:7 64:15 67:5 73:17 95:9 97:9,12 106:3 108:5 109:10 113:20 aggregate 30:24 47:16,17 49:15,16 49:20 agree 23:4 109:7 agreed 22:16 114:12 agreeing 23:13 agreement 6:24 103:19,23 110:3,8 110:13,14 114:12 ahead 23:18 Akerley 1:19 5:9 115:18 116:7,21 Akron 29:15,17 30:7 31:16 34:25 35:2,5 35:9,14,16 36:16 46:10,14 50:8 51:22 52:12,16,16 52:22 53:2,7,21 54:3,6,14,14 80:2 87:9,10,13,14,15 88:11 95:10,18 96:1,18 97:11 al 1:7 4:7 5:8 alive 12:17 17:14 Allen 2:23 alls 56:15 almost 111:10 along 98:21 already 44:10 72:7 72:11 76:23 although 7:12,23 8:1 always 12:6 16:7 28:12 78:2 amount 34:6 amounts31:23 32:10 32:20 95:6 another 12:11 55:8 55:19 61:25 76:2 86:16 93:17 97:25 99:3 answer 48:13 55:16 67:22 113:12,19 answered 113:4 answer's 87:11,12 anybody 107:6,25 anyone 8:1140:16 66:15 anything 20:19 98:11 anyway 93:1 anywhere 87:18 apologize 41:3 apparently 68:17 appear 20:14 appearance 24:2 APPEARANCES 2:1 3:14:1 appeared 115:10 appearing 9:8 appears 27:22 28:1 29:3 applied 13:18 47:16 47:18 52:2 apply 48:1 appointed 14:16 approved 100:6 approximately 18:7 18:8 . 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Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Page 2 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 10/3/2001 71:22 79:13 80:21 87:23 88:14 90:14 96:17,21 97:3,4 100:21 102:16 108:5 109:9 Backer 16:14 background 10:21 backing 16:15 bag 15:6 45:22 47:1 52:5 77:21 bags 44:20 79:3 Bailey 4:3,4 6:8,8 banker's 92:19 based 10:20 31:14 32:2,12,22 38:14 39:1 40:9 basis 22:18 69:6 Beach 3:22 beads 13:4 31:13 34:15 50:23 80:19 became 16:1 70:8 become 13:20 15:21 bedding 31:20 32:7 52:4,8,11,17,18 56:18,19 72:1,4 74:15,19 before 1:19 6:13,19 12:23 42:4 68:6 ` 76:10 82:25 83:4 83:13 89:25 104:23 107:7 115:10 began 14:2 16:18 18:8 78:12 85:5 begin 85:8 beginning 14:21 33:6 79:14 begun 76:15 behalf 2:2,6,17,21 3:2,6,11,15,19 4:2 4:6,10 25:12 being 5:4 6:22 7:19 21:20 23:2 43:11 44:4 50:23 61:17 62:15 believe 15:15 45:10 45:10 46:10,11 55:16 64:19 76:1,7 82:3 92:11 97:10 101:10 105:7 112:5 below 81:16 Bennett 2:8 Benson 3:16 besides 45:14 52:12 53:2 Bestex 74:3 Bestwall7:10 13:22 13:25 14:2,9,11,17 15:10,13,16 17:20 26:3,649:7 60:24 61:12,21,25 62:7,8 62:18,19,21 63:7,7 63:12,19,21,22 64:3,11,13 65:12 65:15,19,25 66:7 66:11,21 67:10,14 67:16,23 68:3,8,14 68:18,24 69:170:8 70:14 72:6,10,21 72:22 73:3,4,5,11 73:13,14,21,24 74:2,4,7,8,10,14,17 74:20,22 75:1,4,6 75:10,25 76:11,17 77:6 78:6,17,25 101:9,14 102:5 103:2,4,20 104:8,8 104:25 107:20 Betsy 100:25 better 23:14 86:9 87:1 between 7:10 15:17 15:18 30:7 31:5 33:10,16,23 34:3 35:7,9,13 36:2,4,13 36:20 37:8,13,16 37:17,20,21 38:19 39:6,20 41:11 50:3 50:16 51:3,7 53:8 53:22 54:3,8,21 55:5,14 56:17,20 57:16,23 58:4 61:19,19 62:19 63:2,6,11,14,17,21 64:2,20,25 67:5,8 67:18 68:2 69:23 70:25 72:8,22 73:6 73:11,15,22 74:2,4 74:13,20 75:4 77:19 82:5 99:11 101:23 102:4,9 103:19 104:7 106:1 106:12,23 109:10 110:24 112:18 113:24 114:2,9 beyond 39:16,17 Bice 4:7 big 92:12,14 biggest 43:21 99:17 Bill 9:1 binder 34:6 50:21 Biscayne 2:12 bit 27:12 board 10:24 16:14 16:16 52:3 103:9 103:13 111:13,16 111:18112:12 113:8 Bono 2:3 4:19 5:12 5:17,17 6:13 7:12 7:22 8:5,7,10,13,15 19:11 22:4,8,10 23:12,17,19,23 24:1,5,1043:18 48:14,19,2149:1,6 49:8,10 54:1,12 56:1 58:19,21 59:4 60:18 79:7 82:3,9 85:15 86:5,19 89:4 91:18 92:3 99:19 99:25 107:6 108:1 108:4,10,15,17,21 109:3,7,8 110:5,14 110:18,20111:2,21 111:25 112:10,23 113:3,7,18,22,23 114:14 Bono's 21:24 23:4 boss 12:8,11 14:5 17:10 both 62:12 63:12 64:12 65:18,24 66:11 67:9,18 93:1 bottom 94:23 Boulevard 2:12 boundary 99:11 box 78:1 92:19,20 boxes 79:4 92:14,15 92:15,18 94:4 brand 60:24 69:21 70:6 71:3,13 72:3 73:1,9,25 74:11,18 75:2,8 break 24:12 40:21 41:4 58:18 77:10 77:11 100:20 110:19,20 Brief 100:20 briefly 80:11 bright 24:13,14 broken 29:4 Bronze 4:4 Broom 2:14 Brumbaugh 3:20 brush 47:18 buckets 44:17 buff 40:7 building 16:2,4 63:9 63:13 111:15 Burroughs 2:14 business 10:22 11:4 20:16 60:12 69:12 69:16,17 105:5 buying 68:7 C C 1:12 3:16 5:4 8:18 114:17 115:9 116:9 117:24 call 10:19 11:14 16:12 109:23 called 8:19 13:25 47:12 50:11,14 51:23,25 57:13 61:20 62:6 70:8 71:17 83:3,14 84:2 89:11 92:19 108:7 108:24 109:16,19 came 44:16,20,23 45:22 46:24 68:15 69:8 78:1 111:12 111:23 cancelling 6:14 Carbide 2:21 3:2 6:2 6:3 7:1,4,6 9:13 ' 22:24 25:1,6,17,20 26:4,13,15 27:18 28:2,23 29:130:20 31:2,17,23 32:4,10 32:14,20,24 33:9 33:13,17,22 35:3,6 35:9,11,14 36:17 37:4,7,10 38:15,22 39:3,21 40:2,13,17 41:16 42:2146:1 47:5 49:17 50:5 52:8 53:23 54:9,23 55:15 56:7,12,18 56:21 57:5,9,18,24 58:5 79:18 81:6,11 82:1,7,18 84:3,20 86:1,13,16,17 87:6 87:10 88:5,12 89:1195:22 99:23 Carbide's 83:15 career 11:4 carefully 97:3,4 Carey 26:1,11,21 27:11,23 36:1,6 84:23 85:12 90:13 91:16 95:19 99:24 105:13 carrying 104:3 carton 15:8 cartons 33:25 case 5:6 8:1 10:24,25 \ 21:8 I cases 22:22 80:19 caulking 52:2 CC954774 115:19 ceased 65:4 ceiling 30:25 50:1,4 50:8 ceilings 30:24 47:22 49:15 Center 2:19 3:4 central 30:9 32:18 57:13,17,19 Centre 3:21 certain 86:15 100:7 Certain-Teed 2:22 3:11 5:24 6:1 7:6 7:11 11:23 12:2,8 12:12,20 13:6,24 17:20 21:18 25:19 25:23 60:23 61:11 61:22,24 62:7,9,25 63:7,8,11,22 64:2,4 64:11,12 65:13,19 65:25 66:7,11,21 67:9,17,23 68:8,14 68:24,25 69:10,11 69:23 70:2,15,25 71:8,10,11,25 72:5 72:8,16 76:17 77:5 77:13 101:2,4 102:13,23 103:1,19 104:7,8,12,19 105:8 106:24 107:15,20 108:6 109:10,17 110:25 111:19 Certain-Teed's 105:19,25 106:12 1 Certex 70:1,2 71:6 CERTIFICATE 115:4 116:1 certified 8:21 certify 115:9 116:7 116:13 I cetera 106:9 1 chances 22:15 | change 14:14 17:2,2 I 100:6 102:8,9,17 1 102:20 I changed 16:20,24,25 1 16:25 83:4,7 93:12 g 95:14 changes 14:12 67:23 117:2,23 changing 43:5 800-333-2082 Mr. Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed Tbe Simmons Firm vs GA-Pacific, et al, C. William Lehnert 10/3/2001 Page 3 characteristics 38:8 charge 20:7 Charles 9:1 chart 36:11 check 106:16 chemical 11:20 chemist 12:1,6 14:1 101:5,7,11 Chicago 29:19,22 32:3 37:2,3,10 45:10,11,14 46:11 46:14 52:15,16 53:6 54:13,18 55:12,20 56:16 57:3 58:13 80:2 85:5 87:16 99:11 chief 61:21 62:21,24 63:3 Chris 5:21 Christensen 3:20 Christopher 3:8 chrysotile 105:15 Circuit 1:1,1 7:24,25 circumstances 98:12 98:16 100:7 City 11:16,17 Civil 22:6 Clarence 12:15 17:12 clarification 7:12 clear7:18 23:18 42:19 82:17 105:24 112:3 Clearlake 3:21 coat 50:22 codes 111:15 Cole 4:7 collated 10:23 college 11:8,10,12,16 Collier 3:8 5:21,21 color 38:7 column 79:23 80:22 combination 36:22 85:13 come 13:23 18:10 19:17 44:7 52:5 60:15 61:16 76:25 77:21,24 79:3 comes 44:13 76:23 comment 79:24 80:22 81:1,15 110:10 Comments 79:24,25 Commission 115:19 companies 25:25 26:6,9 62:12 63:7 65:25 68:6,13,15 68:17,19 69:8 91:25 101:16 company 4:2 6:9 7:11 10:3 13:22,25 14:2,9,18 19:2 25:22 26:1,11,24 27:3,11,15 28:8 60:25 61:4,12,16 61:20 62:16,18 63:20 68:18 81:22 102:7 104:25 comparing 99:22 complete 116:11 complex 77:9 Composite 4:23 59:6 compound 14:18,23 15:1,2,10,13,16 17:22 19:5 26:23 28:24 31:20,21 32:7,8 33:8 35:1,17 39:2 40:12 42:20 43:22 44:5,1945:3 45:9,20,25 46:7,22 50:11,14,17,17,20 51:1,5,6,12 52:4,8 52:11,17,18,22,24 53:1,5,16,18,21 54:7,15,19,22,25 55:13 56:6,18,19 56:21,23,24,25 57:1,4,23 58:4 . 59:15 75:19,21,23 76:2,5,14 91:6 92:10 109:13,16 compounds 12:21,24 13:1,8,10,11 15:3,5 16:17 17:8 20:24 21:8,10 24:25 25:20,23 26:3,7,12 29:2,12,18,23 31:7 51:11,15 53:9,23 69:18,22 72:1,4,9 72:23 73:2 74:15 74:19,24 75:3 76:16,22,25 77:4 77:14,16 78:6,16 78:24 101:21,25 102:2 106:6 conceal 13:3 concerning 21:9 concluded 114:21 concludes 114:16 confining 72:13 confusing 86:4 Congoleum 4:2 6:9 connected 116:16 considered 51:18 constituent 113:15 114:4,10 construction 13:5 31:11 34:13,16 75:16 consult 10:17 45:16 46:12 51:17,20 71:22 73:17 83:17 consulting 10:6,9,14 11:2 contain 13:11 15:17 18:5 25:20 26:4,13 26:23 33:8,17,21 33:25 34:2 35:2,6,9 35:14 36:16 37:10 38:1,22 39:3,21 . 40:2 46:1,1947:4 48:18 49:12,16,22 50:4 51:3,9,16 52:8 52:19,24 53:10,23 54:8,23 55:14 56:6 56:18,21 57:5,18 57:24 58:5 81:11 97:15 109:25 contained 18:4 19:16 20:19 24:25 25:5 27:2 30:19 31:17 31:25 32:4,14,24 35:10,16 36:18,19 37:4,6 40:11,13 45:5 48:9 49:3 55:6,20 57:9,20 70:4,21 74:1 76:16 78:7 83:16 86:12 87:2 88:5 96:2,3 106:1,13,20,23 108:17,25 111:10 containing 7:4 18:12 41:15 42:21 59:12 59:16 88:21 contains 35:19 50:20 contaminated 112:1 contractor 82:16,20 control 20:11 Cont'd3:l 4:1 copies 20:14 59:21 60:4,4 copy 92:9 corner 5:14 13:4 31:13 34:15 50:23 80:19 corporation 1:18 2:6 2:17,22 3:19 4:2 5:16,25 6:2,2,4,9 6:24 7:11,17 8:20 9:3,9 10:411:24 . 12:3,20 13:7 15:23 17:11 19:3,17 25:13,19 26:2,10 28:10 40:17 60:16 62:1,6,7,9,20 63:4 63:8,23 64:4,11 66:8,9 68:21 79:18 101:3,9,15 102:14 102:24 103:2,4,20 103:20 104:7,8,9 104:13 105:13 107:15 108:7 109:11,17 corporations 67:18 103:7,10,13 111:20 correct 7:15 20:14 25:15 27:21,25 28:11 29:5,6 39:23 41:6,7,17 42:23,24 44:21,22 45:6 48:7 50:11 51:13,14 54:19 57:10 60:25 61:1 64:21 70:23 76:5,8,23 77:1,14 80:7 82:2,21,23 , 84:5,11,18 85:3,4 86:13 87:6 88:7,22 89:1,16,17 90:2 91:12,15,20,21 92:1,2,7 93:13 96:2 96:7 97:17 101:5,7 101:8,11,12,17 102:7 103:8 104:2 104:10,15 105:3,9 105:10,13,16,17 107:14 111:20 112:14 117:22 corrected 23:9 Correction/Change 117:4 correctly 95:13 counsel 1:17 6:23,25 7:7,7,21 23:22 24:8 109:5 112:4 116:14 116:16 counselor 23:20 counted 93:7 country98:14 County 1:2 7:25 115:7 116:5 couple 41:3 79:19 course 20:15 34:1 60:12 107:10 court 1:1 5:9 6:11 7:24 8:25 cover 13:4 34:14 covered 93:21 co-counsel 24:9 crack 40:5 42:9 43:8 cracked 80:18 Crane 4:10 5:23 create 61:25 created 19:21 61:25 62:20 68:24 101:10 102:21 creating 101:15 Croce 111:11 Croce's 111:9 cross 6:23 107:7 Curtis 4:4 6:8 custody 20:11 customer 38:9,10 customers 38:5 D Daniel 4:11 date 1:13 5:2 28:22 28:25 37:24,25 39:14,17,18 41:22 65:6 70:9 78:11 117:24 Dated 91:9 116:19 dates 28:16,19,21 29:4 31:2,23 32:9 32:19 35:9 36:7,8 37:6 41:13 49:18 55:6 57:20 64:15 67:5 75:24 78:21 78:23 85:1,16,21 85:25 86:2,11 107:18,20 day 75:19,20,23 76:1 83:3,3,10,14,19 84:7 87:9,24 115:13 116:19 Decatur 20:1,8 December 28:21,22 35:7,13 36:2,4,13 37:16 53:8,22 54:4 54:8,21 55:14 56:5 95:13,13 96:4 97:12,13,19 declare 117:22 decorative 31:12 47:21 Defendant 1:17 2:6 2:17 3:2,6,11,15,19 4:6,10,22 8:19 defendants 1:8 2:21 4:2 5:8 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Page 4 Asbestos Litigation Filed The Simmons Firm vs GA-Paclfic, et al. C. William Lehnert 10/3/2001 degree 11:18,19 Denver 81:16,18,21 82:15,20 Department 11:6 59:19 102:3,22 depended 98:6 depends 47:25 deposed 8:21 deposition 1:12 5:3 6:15,16,22,25 7:8 7:21 9:11 18:21 19:10 20:20 21:20 22:2,19,21 23:2,6 25:4 43:6 107:11 114:17,20116:1,9 117:22 deposition's 8:16 designate 30:8 designation 27:5,10 27:17,22 28:1,5,6,8 designs 47:23 detail 111:8 determine 27:3,8,15 70:21 73:18 develop 18:9 development 11:5 14:22 15:9 17:1 21:8 59:19 76:4 differed 15:3 difference 31:5 34:3 50:16,19,25 86:3 different 10:20 34:5 38:6 76:22 85:1,1 85:16,17 89:14 94:11,12 96:21,22 96:25 98:24 99:1 104:21 dimension 92:25 dimpled 13:3 direction 59:18 directly 66:24 67:2;3 director 103:6 discovery 6:14 7:14 discuss 114:12 discussed 58:8 110:4 110:8 discussion 19:10 21:15 48:24 distill 93:21 distinctions 51:19 distributed 7:20 distributors 98:9 division 13:24 15:25 16:1,2,5,5,6,8,11 17:18,18 30:14 105:20 106:1,12,25 document 24:17,19 24:21 25:3 28:16 39:13,16 41:21,23 42:5,16 43:2 92:20 94:8,9 97:5 documents 10:23 18:17,21 19:16,24 20:10,13,14,25 25:7 59:10 92:19 93:24 94:1,10,14 95:4 97:4 doing 10:11 14:18 110:11 done 10:5,9 25:9 93:20 110:21 door 108:11 109:3 110:9 Dow 80:4,9,13 down 27:12 29:4 45:1149:14 77:11 81:14 95:2 drafting 103:25 drawing 108:5 dried 80:18 Drive 1:16 5:5 dropped 42:4 dry 15:5 44:7,8 47:14 54:19 57:1,2 75:15 76:17,25 77:6 78:2,17 79:1,2 Dryer 3:6 drywall 31:20 47:24 51:23,25 75:16 81:21,22 82:16 duly 8:20 115:11 during 11:10 12:19 14:11,17 16:8 17:10 24:12 33:7 33:19 35:5 36:19 37:10 38:18 39:5 41:4 49:18 57:8,20 60:9 64:10,23 65:17 67:24 69:13 72:5 74:22 78:2 81:8,24 101:14 107:16 Duty 30:23 31:6,9 45:20,20,25 46:6 75:13,14 81:14,24 82:5,18,19 88:8,13 88:21,24 D.C3:13 101:2 ________ E each 59:24 earlier 82:4 84:15 102:2 early 78:10 101:24 easier 34:8 50:24 easily 13:18 Easley 2:11 east 3:4 30:9 EdwardsviUe2:15 2:25 effect 31:12 47:21 93:16 either 12:16 23:5 47:15 67:2 77:5 105:12 Elgin 4:13 Elizabeth 3:12 5:24 21:18 elsewhere 49:24 57:15 employed 11:22,23 12:2 13:6,21 14:8 15:21,24 employee 65:12,13 65:15 116:14,15 employees 65:18 66:8,10 employment 14:2 16:18 17:10101:14 enabled 13:17 engineering 11:20 enough 112:4 ENTER 117:2 entered 24:1 117:23 entire 11:4 21:3 ERRATA 117:1 Esquire 2:3,4,8,11 2:14,18,23 3:3,8,12 3:16,21 4:4,8,12 essentially 67:19 established 7:17 et 1:7 4:7 5:8 106:9 Evans 2:4 even 23:20 83:16 events 111:5 eventually 66:21 70:8 ever 25:20 26:3,13 26:22 40:12,16 87:15 107:21 110:25113:2 every 59:24 everyone 66:20 Everything 8:8 evidence 6:15 25:12 exact 70:9 92:25 exactly 96:15,24 104:20 107:18 EXAMINATION 19:1971:17 72:14 4:17 8:22 43:17 103:12,18 60:20 79:15 100:23 far 63:25 64:9 107:8 108:3 110:22 farther 27:12 112:9 fast 98:7 example 27:6 58:12 February 52:7,23 85:5 88:8 90:12 54:2155:14 56:5 94:14 98:17 99:11 56:17,20 except 21:22 22:16 feeling 69:3 | 23:3 35:11,17 feet 92:21,21,24,24 1 36:25 51:19 87:3 fell 80:19 I 95:23,24 few 28:4 I exception 38:23 fiber 105:11,11,15 I 51:10 105:16110:10 1 exceptions 37:13,14 111:17 113:2,13 I 86:22 fiberglass 111:12,16 I excluded 39:14,16 fibers 109:23 110:25 41:25 43:3 112:12,14 113:9 Excluding 66:9 114:3 exclusively 95:19 fifties 101:24 excuse 36:2 97:12 filed 1:4 5:6 6:22 executive 61:21 24:2,7 62:21,24 63:3 files 7:16 19:17 exhibit 18:17 19:9,16 fill 34:15 19:20,2420:10,13 filled 93:1 20:19 24:16 25:12 Filler 27:7 25:15 27:3,6 28:15 final 105:18 29:3 31:1,22 32:9 financial 104:6 33:5 35:19 38:13 financially 116:17 40:1141:14 44:3 find 84:2 45:4,19 49:14 51:11 59:7 79:21 finish 13:2 34:13 finished 31:13 | 79:23 80:1,22 finishers 70:4 73:6 | 84:25 85:19 86:10 73:11 106:8 88:20 89:15,19 finishing 31:10 34:23 90:4,18 91:2,24 75:16 92:693:4,15,20,24 fire 16:13 93:25 94:4,10,13 Firestop 16:13 108:8 94:19 95:9 96:17 108:24 109:12,17 97:3 100:11 107:13 EXHIBITS4:22 109:19,22,25 110:8 110:16,25 111:7,13 I existed 15:3 60:5 111:20 112:12,18 existence 22:9 113:24 114:2,6,10 Expires 115:19 firm 1:4 2:3 5:7 7:24 explain 12:24 15:2 24:3,7 101:1 24:21 41:8 50:19 first 2:8 6:13 7:1,20 111:8 8:20 9:7 28:23 extent 88:24 29:7 37:24,24 44:4 50:22 51:22 60:23 F 80:21 94:14,21 Fabrics 3:6 95:14 96:3 104:14 facilities 63:12 69:8 111:9 fact 10:20 22:2 83:25 Firstar 3:4 98:19 five-gallon 33:25 [ failed 80:11,16 Florida 1:16,20 2:12 B familiar 17:21 18:23 2:20 3:22 4:9 5:6 I 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Paclflc, et al. C. William Lehnert 10/3/2001 Page 5 9:20,25 115:6,18 116:4 focus 33:4 86:25 Foley 3:3 follow 106:4 followed 105:5 following 7:1 24:23 follows 8:21 followup 107:4 form 8:8 21:22 22:17 23:3,9 44:23 46:24 48:11 53:25 62:2 82:9 89:4 117:23 formed 14:15 formula 19:23 21:4 27:4,5,9,16,22 28:11 34:9,11 37:17 38:4,11 39:9 39:15 40:6,7 43:11 51:18,20 57:1,2 71:23 80:10 81:2 83:9 89:11 90:15 91:5,12,17 93:12 95:14 97:2 100:7 106:16 113:17 formulas 4:23,24 7:4 7:5,13,13,15,19 17:21 19:1,5,5,9,20 20:19,23 21:1 24:24,25 27:2 28:4 30:17 31:15 32:2 32:13,23 33:19,21 34:4 35:1,10,11,13 35:16,20 36:21,23 36:25 37:3,12,20 38:2,11,15 39:1,19 39:22 40:1,10 42:9 42:10 43:7,7,8,12 45:17,17 46:12 49:21 53:15 54:17 55:17 57:8 59:8,11 59:13,17,22 60:5,8 70:20 73:17 83:17 84:2,8 86:12 87:2 88:14 92:7,10,17 93:2,5,11,16,22 94:3 95:22 96:16 96:18,23,25 97:6 97:11,18,20 100:3 100:5,10101:16 102:6 formulate 102:1 formulating 101:21 102:5 formulation 13:10 44:7 Fort 1:16 5:5 9:20,25 forward 36:24 fouled 42:15,18 foundation 19:12 61:5,13 62:10 63:24 64:5,14 65:14,20 66:2,13 66:23 67:11,20 68:4,9 69:2 99:19 111:2,21 four-gallon 33:24 frames 39:5 free 98:9 Friedman 3:16 from 7:15 10:3,19 11:17 14:10 15:3 19:17 36:24 40:2 40:16 42:21 45:4 45:24 47:3 49:15 51:1152:7,22,23 56:5 57:4 59:11 60:15 62:15 64:10 65:25 66:11,20 68:8,14,16,23 69:7 69:13 70:15 73:3 76:22 77:5,6,13,21 78:16 80:19 91:6 95:18 97:23,23 98:13 99:3,9 100:5 100:6 101:1 105:12 105:19,20 110:1 111:23,25 112:12 front 18:16 25:3 full 8:25 function 62:8 functions 34:18,20 34:21 furnish 30:1 furnished 15:6 19:14 29:22 33:23 40:6 52:2 59:9 further 28:25 107:7 110:15 111:16 116:13 G Gardineer 81:17,19 81:21 82:19 Gardner 3:12 101:1 Gary 4:8 6:10 gave 7:13,14 37:24 86:21,22 gears 43:5 Geise3:12 4:20 5:24 5:24 6:18 8:8 21:18,18 22:6,10 61:5,13 62:2,10 63:24 64:5,14 65:14,20 66:2,13 66:23 67:4,11,20 68:4,9 69:2 100:24 101:1 107:2 108:14 109:1,13 110:19,23 112:6,8 general 6:21 17:18 34:10 37:12 38:11 39:19,22 43:12 57:8 69:3 88:12 generally 12:24 16:10 24:21 28:20 99:3 generic 47:12 geographic 98:7 geographical 29:10 29:15,20 30:5 geographically 29:25 Georgia 2:9 3:9,17 11:15 20:8 29:24 30:1 32:14 38:14 38:16,21 57:12,17 57:22 58:13,13 94:9 Georgia-Pacific 1:7 1:18 2:64:22 5:19 5:20 6:7,24 7:2,3,6 7:16 8:19 9:3,9,14 10:4,6,9,13,18 11:2 15:23,25 16:3,8,11 16:15,19 17:11,20 18:4,11 19:3,6,17 19:23 21:4 24:24 25:5,13,16 26:12 26:16 27:2 28:24 29:1 30:15,18 31:15 32:12,22 40:10,12 43:22 44:16,20 48:6,18 49:2,5,6,8,11 50:10 50:13 51:2 53:10 53:15 54:6,7,23 55:13 59:6,8,13,14 59:15,19,22 60:9 60:13,16 68:3,7,25 76:11 84:8 92:10 99:17 105:3 107:21 117:3 Georgia-Pacific's 20:15,24 gets 24:14 getting 111:22 Gilbert 12:9 104:14 give 28:19 37:13 92:12 given 7:5 27:22 72:7 72:11 102:1 glass 111:17 Glen 17:13 Glenny 4:7 go 9:1 15:13 21:11 23:18 33:5 42:11 49:21 51:17 54:16 55:17 58:12,13 60:22 62:17 70:20 71:22 72:20 79:8 80:21 81:14 84:7 87:23 88:14 90:14 93:24 96:17 97:3,4 98:8 100:16 102:17 107:7 110:20 going 9:4 21:13 33:5 40:20,22 58:24 59:5 79:10 100:18 108:5 109:4,5,9 110:3 111:22 gone 10:22 39:16 good 8:24 43:19 58:22 60:4 79:17 94:14 100:25 governed 22:14 grabbed 90:17 Grace 111:25 graduated 11:17 Green 5:7 Greer 3:20 Grieve 65:11,12 group 14:15,16,21 15:12,24 19:4 59:6 67:19 102:22 Grove 11:16,17 guess 56:15 guessing 92:16 gypsum 7:1010:24 11:4 13:2,4,22,24 13:25 14:2,9,17 16:1,5,6,7,11,12,13 17:17,18 20:1,4 26:3,7 30:11,14 31:10 34:12,16 52:3 62:18 63:20 68:18 69:12,16,17 72:13 101:9,14 103:4,20 104:9,25 105:20 106:1,12,24 H hac 24:5 Haines 2:18 half 91:14 halfway 98:13 hand 91:2 115:13 handled 13:17 handwriting 94:15 94:17,23 handwritten 95:5 happen 58:15 98:2,5 happened 62:15 1 70:10 fl Harbour 1:15,16 5:4 I 5:5 E hard 98:7 having 8:20 25:2 g 1 50:24 64:9 Hawkins 3:7 g 1 head 59:18 1 headquarters 63:8 | heads 13:3 31:12 34:14 50:22 hear 55:22 [ heard 55:24,25 82:4 Hebrank 2:14,14 | 5:20,20 | heels 111:11 | held 5:4 11:6,13 | help 77:12 Hepler2:14 I j her 113:5,7,10,11 S hereinafter 8:20 | hesitating 83:2 Heyl 2:23 hidden 34:15 him 6:20 8:15,16 24:10 108:25 109:1 g hired 101:4 1 history 21:7,9 24:24 8 25:9 Hoggatt 12:9,16 65:3 65:5,7 104:14,16 104:21 hold 16:22 108:21 ! home 94:1,4 hope 82:10 housed 19:24,25 20:3 [ hundred 20:23 25:7 hundreds 92:6 h-o-g-g-a-t-t 12:10 ! I idea 92:12 identification 90:25 identified 31:1,22 identifies 28:12 g 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Page 6 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C, William Lehnert 10/3/2001 identify 25:4 30:18 30:22 31:15,19 32:3,13,23 40:11 59:7 112:24 Illinois 1:2 2:5,15,25 4:5,13 8:1 21:21 22:3,4,6,14 23:1,7 23:21,24 24:6 29:20 32:4 54:13 55:12 56:16 57:3 80:3 implement 47:18 impossibility 22:23 impression 68:23 69:6 inasmuch 34:5 Inc 3:15 include 17:24 18:1 69:18 95:14 included 19:9 43:2 81:7 includes 19:5 83:19 Including 17:8 Incorporated 5:8 indeed 90:15 INDEX 4:17 indicate 21:25 84:1 indicated 42:6,17 76:7 indicates 15:7 41:14 indicating 36:5 48:14 indirectly 67:2 individual 60:6 96:17 individuals 65:18 Industries 5:8 information 40:11 95:2 infringement 10:25 ingredient 80:14 113:13,17 114:6 Initially 65:2 inquire 110:15 insistence 21:24 Insofar 95:6 instance 98:25 instances 26:22 Institute 11:14 intention 110:9 interested 68:13,17 116:17 inter-regional 58:11 introduced 85:2 97:2 Invent 108:7 109:11 109:16 involved 11:3 13:7 14:22 103:22,25 104:3 issue 111:22 issued 93:13 issues 7:1 item 49:25 82:22 J J 3:3 4:11 Jagger 2:8 4:18 5:19 5:19 6:20 7:15 8:11,14,23 9:3 19:15 21:11 24:11 25:11,1440:19 41:2 42:7 43:15 48:11,15,17,22 49:5,7 90:21 107:4 107:9,24 108:9,12 108:16,20 109:5 110:2,6,17 111:24 112:3,7,21,25 113:4,10,14,21 114:11 James 4:12 5:23 January 39:7,8,12 39:13,20 41:11,16 41:20 42:1,22 43:1 57:16 58:5 Jason 3:16 5:22 Jeff 5:20 Jeffrey 2:14 job 11:25 14:12 16:19 101:23 102:5 102:9,17,19 Joe 4:15 5:1 John 4:10 5:23 Johns 26:1,10,21 28:10,13 68:21 85:13 105:13 Johnson 2:11,11,11 6:6,6 39:12 42:2 55:22 58:17,20,23 79:8 90:19 100:16 107:25 112:2 114:15 joint 12:21,24 13:1,8 13:10,11 14:18,22 15:1,2,3,5,10,13,16 16:17 17:8,21 18:4 18:11 19:1,5 20:24 21:4,8,9 24:25 25:19,23 26:3,7,12 26:23 28:24 29:1 29:12,18,23 31:7,9 33:7 35:1,17 39:2 40:12 42:2043:22 44:5,19 45:3,9,20 45:25 46:6,22 50:11,17 51:1,5,6 51:12 53:9,16,18 53:20,23 54:7,18 54:22,25 55:13 56:6 57:4,23 58:4 59:15 69:18,22 70:3 72:23 73:2,6 73:10 75:19,20,23 76:2,4,14,16,22,25 77:4,14,16 78:6,15 78:24 91:6 92:10 99:18 101:21,25 102:2 106:6,8 jointly 111:11 joints 13:2 31:12 34:12,13 75:16 judge 23:17,20 Judicial 1:1 7:25 Julia 2:8 Julie 5:19 9:2 June 39:6,20 42:22 58:4 62:23 63:6,11 64:10,17 82:25 83:13 87:5 91:9 jurisdictions 23:7 jury 8:25 10:8 11:21 12:24 just 7:18 11:14 12:23 21:19 22:1125:8 27:6 34:4 36:10 55:3 70:1173:24 74:10,12 75:7 86:1 88:12 90:17,17 94:19 105:23 108:1 112:17,21 113:21 ________ K________ Kalite71:18 Kasowitz 3:16 keeping 53:7 101:15 Kent 2:23 6:1 kept 60:12 kicks 114:12 kind 25:9 75:14 77:8 77:24 92:20 know 9:2 19:4 22:8 24:14 25:22 26:6 26:18 28:9 30:8 42:25 43:25 46:14 62:14 63:25 64:9 65:7 66:10,15,18 67:13 68:5,12 70:22 83:6 84:6 87:12 88:18 92:25 94:10,17,22 96:15 96:19,20,24 97:1 97:18 98:4,11,12 98:25 99:7,10,20 100:2 104:6,23 107:6 111:4 knowledge 64:7 65:21 67:8 known 61:12 Kohlburn 2:4 4:19 5:18,18 60:21 61:8 61:15 62:5,13 64:1 64:8,16 65:16 66:4 66:16 67:1,15 68:1 68:11 69:5 79:6 105:18 106:6 Kurowski4:3 L LI: 19 2:23 4:8 115:18 116:7,21 lab 20:25 39:13,15 41:21,22 42:5,16 43:2 94:7,9 labels 53:17 laboratories 20:8 laboratory 10:22 17:6 20:1,4 63:12 63:19 68:15 language 35:19 Lardner 3:3 large 1:20 81:21 94:2 largest 43:24 last 30:4 93:9 112:4 113:10 lastly 38:25 later 15:8 16:25 83:4 lawyer 103:15 leader 14:16,21 15:11 102:22 least 39:6,8 41:11,16 41:20 42:2,3,5,15 42:22 43:1,3 45:5 45:24 57:19 58:5 68:20 76:12 led 105:18 LEE 115:7 116:5 Lehnert 1:12 5:4 8:12,18,24 9:1,2,16 11:8 17:19 18:16 20:13 21:6 24:12 25:2,15 27:1 28:15 30:17 33:4 38:3 40:9 41:3 42:10 43:6,19 59:5 60:22 79:17 100:14,25 107:10 108:5 110:24112:8,11 114:17 115:10 116:9117:24 less 50:21,24 lesser 34:6 let 24:10,14 54:2 55:7,9 76:21 86:7,9 86:25 87:23 89:9 90:16 96:20,21 97:9,12 102:16 109:5 112:23 113:19 let's 11:12 23:18 24:8 42:19 53:14 1 54:5 56:3 79:8 100:16 104:20 109:15110:20 112:21 Libby 111:23 licensed 23:20,23 lieu 111:12 life 8:17 | light 24:13 like 33:4 42:9 43:8 44:13 58:18 85:6 92:22 98:11,23- 99:5 105:5 113:15 Likewise 87:8 limited 6:25 7:9 9:12 45:18 76:13 limiting 7:9 limits 86:21,21 line 44:9,15,16 72:13 84:13 99:11 lines 98:8 list 29:14 46:17,18 52:21 56:25 90:4,7 91:25 105:19,21 106:5 listed 29:7 30:4 60:5 84:1 88:21 89:10 89:15 107:13 Listen 55:23 Lite 71:16 74:12,13 litigation 1:4 5:6 24:2,7117:3 litigations 10:10 little 27:12 47:23 84:15 87:1 108:2 111:8 live 9:18,19 lived 9:25 g Lizars 61:23 62:22 | 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 T Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al. C. William Lehnert 10/3/2001 Page 7 63:1,5 66:19,20,22 LLC 5:7 LLP 3:7,16 location 1:15 63:17 long 12:2 14:8 16:22 105:19 106:5 longer 18:11 42:16 92:23 look 84:7,25 86:10 87:10 93:8 95:9 96:17 97:3,4,19 looked 92:6 94:25 looking 44:3 56:24 68:7,13 88:20 looks 85:6 Loop 4:8 lost 36:7 lot,13:16 L.L.C 1:4 2:3 L.L.P 2:7 M M4:12 MacDonald 2:14 made 24:24 37:19 38:2,8,24 41:5,10 43:6,22 49:17 51:19 52:17 69:23 72:5,16 73:2,11 75:4 76:16 77:4,13 78:6,16,24 81:11 81:24 82:5,25 83:4 83:15,22 84:7,14 85:16,24,24 86:12 86:15,17 87:12 88:9,11,13,16,18 88:24,25 89:11,14 95:25 98:17 100:6 100:10 106:13 108:18 Madison 1:2 7:25 main 50:25 101:19 maintain 11:1 maintained 20:15 major 2:18 5:16,16 11:19 make 6:21 21:6 22:20 23:14,14 24:10 42:19 46:6 47:23 49:3 52:11 53:1 54:14 55:11 70:3,16,25 71:8,25 72:9,22 73:5,14,21 74:14 95:1199:4 105:23 making 25:9 87:4,5,8 87:9 man 104:11 management 66:14 66:17 67:9,17,24 manager 11:5 16:21 17:1,18 20:9 manufacture 45:8 47:7 49:19,24 50:7 50:13 69:1174:5 74:23 99:8 107:16 107:21 111:13. manufactured 18:11 25:5 30:19 31:16 . 32:3,13,23 33:8,15 35:2,8 37:3,9 38:16 38:21 39:2 41:15 41:16,22 42:6,16 42:17,18,2143:1,4 43:12,13 44:1,16 44:20 46:1,10,11 46:16,18 47:4 48:5 48:6 49:22 50:10 51:2 52:18 53:5,9 53:21 54:7,22 55:5 55:20 56:9,12 57:4 57:13,15,17,20 74:20 75:10 81:2 81:20 87:14,15,18 88:1 96:4 98:18,19 101:16 102:6 106:24 107:19 108:22 109:1 111:18 113:25 114:3 manufacturing 53:16 100:4 Manville 26:1,10,21 28:10,13 68:21 85:13 105:13 many 56:15 93:5 96:22 March 33:24 37:17 37:18,20,21,21 38:19 39:10,10 45:4 49:16 51:11 52:7,23 56:17,20 57:23 Marietta 29:24 30:1 30:8 32:14 38:14 38:16,21 57:12,12 57:17,22 94:9 Mark 2:24 3:21 6:5 marked 18:17 59:6 93:25 market 15:14 62:11 76:8 77:4 78:12 80:20 81:3,8 110:25112:18 marketed 76:15 80:10 98:21 109:12 111:15,19113:2,6 marketing 64:12 76:13 110:12 111:6 marketplace 101:22 Massachusetts 3:13 material 34:14 95:5 95:5 Materials 27:8 matter 110:6 matters 9:13 10:15 10:17 23:9 may 6:11,20 12:4,5 13:20 14:3 18:15 23:6 28:22,25 33:10,16,21 35:7 35:13 37:8,16,20 38:19 42:4 51:3,7 53:8,22 54:8 57:5 57:16,23 61:18 78:10 83:3 84:17 86:15 93:16 96:10 102:1,2 maybe 30:9 36:22 56:2 84:14 93:23 McLean 4:12 mean 22:10,17 38:3 41:9 44:10 51:9 56:8 60:3 65:22 67:13 72:17 78:18 80:17 81:6,23 89:6 110:6,7 means 27:22 28:20 meant 112:13 meeting 40:16 meetings 103:9,13 memorized 84:10 Memphis 80:25 81:2 81:8 mention 75:19,20 mentioned 7:23 48:2 89:25 92:5 94:7 merger 68:2 metal 44:14 Miami 2:12 Midwest 29:23 might 38:6,7 39:15 98:13 Milford 30:5,7 32:24 38:25 39:2,20 40:2 41:6,15 42:20 58:3 94:8 Mills 3:15 5:22 Milwaukee 3:5 mind 95:1 100:3 minute 43:5 minutes 103:12 Mirabito 3:20 misstatement 82:8 mistake 41:5,8 82:11 mix 15:1,2,6,10,13 27:7 30:25 31:21 32:8,18,18 33:3,5,7 33:15,19,21,23 34:4,4,5,11,17,21 35:1,5,8,14,18 36:16,17,19 37:3,9 37:19,24,25,25 38:6,15,21 39:2,9 39:19 40:1 41:6,10 41:12,14 42:20 43:12 44:9,10,15 50:11,14,16,17,20 51:1,5,6,12,15,18 53:9,23 54:7,15 56:25 57:4,14,17 57:19,23 58:4 76:4 76:14,22 77:3 78:7 78:11,13,14,15,17 78:25 84:13,13 85:2,9 87:4 95:11 95:12,18,25 96:6 96:18,22,25 98:23 98:25 112:14 mixed 15:7 44:11,25 45:147:15 52:1 77:1,7 moment 112:22 Montana 111:23 months 80:12 96:5,8 more 13:18 17:2 26:23 41:4 56:3 78:18 90:1 92:17 111:8 morning 8:24 9:4 most 31:8 95:18,25 96:6 97:15 98:19 Move 112:2 moved 110:5 moving 37:2 38:13 45:19 46:20 49:14 49:25 51:22 52:4 52:22 53:7 54:13 56:16 58:11 Mt 3:15 5:22 much 16:24 34:8 60:19 83:10 85:19 99:23,23 100:15 102:11 112:8 Mullins 2:7 Myers 1:16 5:5 9:20 9:25 Mystic 9:19 M-Y-S-T-I-C 9:19 N N 4:12 nail 13:3 31:12 34:14 50:22 name 5:1 8:25 15:7 17:2 60:24 70:13 72:6,10 73:4,13,24 73:25,25 74:3,10 74:11,11,17,18,18 75:1,2,2 76:2 79:17 83:4,6 105:25 named 104:11 105:24 names 5:10 69:21,22 70:6,6,12 71:3,4,13 71:14 72:3,4 73:1,1 73:10,10 75:8,9 name's 100:25 NationsBank 2:19 needs 22:18 negotiated 68:2 negotiating 103:22 neighborhood 92:16 Nelson 2:7 never 16:24.100:3 102:13,23,25 103:1 103:3,5,6,9 111:14 new 14:22 29:15,17 31:16 34:25 35:2 51:22 52:23 53:7 53:2154:3,6 58:12 80:2 87:9,1095:10 95:18 96:197:11 next 29:24 38:13 46:22 49:25 82:22 96:5,8 nice 8:14 nine 96:5,8 non 30:23 49:14,16 49:19 normal 8:16 60:12 North 2:19 northeastern 29:18 Notary 1:19 115:18 note 94:7 95:12 97:10 notes 36:20 116:11 notice 6:22 79:22 noticed 6:23 22:21 number 8:1 11:7 TMWUuij.up.ij-imnjigi--..... 800-333-2082 i fl Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 uumi Fax (704) 372-4593 T Page 8 Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et al, C. William Lehnert 10/3/2001 22:9 80:12 90:24 94:22 96:25 numbered 91:2 93:8 N.E2:9 3:9,17 N.W3:13 O OATH 115:4 object8.il 23:8 48:11,22 53:25 89:4 114:11 objection 8:4,4 19:11 22:16,18 54:10 61:5,13 62:2,10 63:24 64:5,6,14 65:14,20 66:2,13 66:23 67:4,11,12 67:20,21 68:4,9 69:2 82:9 86:5,19 89:4 91:18 92:3 99:19,25 108:9,10 109:13 110:2 111:2 111:21 objections 6:19 8:6,7 21:22,24 22:21 23:3,10,13,14 24:10 obviously 49:22 82:14 84:10 Ocala 4:9 occasions 99:2 occur 14:14 occurred 111:6 October 1:13 5:2 37:8 45:24 54:3 57:4 81:24 82:6 85:6 115:14 116:19 Odom 3:16 5:22,22 offl3:24 21:11,13,15 40:22 48:24 58:24 79:8,10 80:20 94:1 94:2 100:16,18 102:16 108:16 114:18 officer 61:22 62:21 62:24 63:3 102:13 102:23,25 103:1,3 official 115:13 oh 36:15 39:22 42:4 43:14 52:15 55:3 72:19 75:24 78:14 93:10 okay 9:2,11 10:3 11:1,18,21 12:8,16 13:6 14:1,8,11,14 14:17,21 15:21 16:4,10,22 17:24 18:10,23 19:2,8,16 20:5,7 24:1,16 25:11,19 26:12 27:6,12,19 28:4,15 28:21 29:7,14,19 30:1131:1,5,14 32:19 33:4,19 34:3 34:10 35:12,24 36:12 38:3,10,20 38:25 39:2440:4,9 40:15 41:8,14,19 42:8,19,25 43:5,11 43:15 44:3,9,13,15 44:19 45:3,19 46:2147:3 49:11 49:25 50:10 51:1 51:10,15 52:7 53:7 53:14,2054:18 55:4,10 56:4,11,13 56:16 58:3,19,21 59:10,17,21 60:18 60:23 61:16,24 62:6,14,16,19 64:2 64:9,19 65:7,10,12 65:17 66:5,9,17 68:2,12,19,23 69:9 69:18,25 70:2,15 71:3,13,17,20,24 72:3,8,12,20,22,25 73:9,14,21,24 74:10,13,17,22 75:1,6,12,18,22,24 76:3,10 77:10,16 77:21,24 78:2,5 79:3,6 80:13,21 82:13,17 83:9,22 84:6,13 86:9 87:15 87:18 88:4,8,24 89:25 90:10 92:5 92:21,24 93:1,15 94:13,19 95:3,9,24 97:18 98:7,12,16 99:10,22 100:2,13 107:15 109:7,15 111:24112:17,20 113:22114:14 old 9:16 omitted 41:23,24 one 3:21 7:12 8:4 10:23 26:24 29:7 33:14 34:20 46:22 , 56:3 59:24 69:7,24 70:23 75:19,20,23 76:1 78:18 82:15 83:3,3,9,14,19 84:7 87:9,2490:1 92:15 93:18 97:2,23,24 98:8,13 99:3 105:18 108:1,1 ones 34:20 53:13 72:18 96:16 98:18 only21:l 25:16 26:15 34:23 36:16 38:4,23 42:9 44:15 57:13 70:13 73:4 73:13 80:10,12,25 81:4,5,7,16,18 82:14,14,17 85:23 88:4 93:16 98:18 109:4 opened 108:11 109:3 110:9 operation 34:7 50:22 operations 31:10 opportunity 18:20 opposed 95:5 Orange 2:19 Oregon 20:6,7 original 109:22 113:18 originally 12:9 19:21 83:3 Orlando 2:20 other 9:5 10:12,17 20:23,24 23:7,10 26:18 28:4 40:20 44:19 45:8,14 46:6 47:7,18 49:19 50:7 50:8 52:11 53:1,20 55:20 58:1 66:19 68:6,6,13,16 69:7 72:6,15,17,18 73:24 74:10,17 75:1,6,8 76:14,15 76:22,25 77:4 78:13,14,15,25 81:10,23 83:15,22 84:1,3 87:18,20,22 88:1,9,18,22,25 89:18 90:5,8 91:25 98:20 99:4 106:22 107:3 108:18,22 111:14 113:6 others 18:5 75:18 otherwise 52:20 ourself 72:13 out 7:22 23:5 32:9,19 41:4 82:18 86:11 90:18 97:24 100:11 104:3 109:15 outside 48:22 86:20 98:9 over 8:16 50:22 54:5 55:11 109:10 Overall 28:16 overlapping 96:13 own 94: l O'Connell 4:11 P2:18 packaging 77:24 page 4:19,20,22 27:7 34:25 38:13 80:1 80:21 90:17 93:9 94:14,21,24 95:10 pages 4:18,19,20,23 60:6 92:7 93:5,11 Page/Line 117:4 pail 15:8 44:14,14 pails 33:25 44:16 Palm 3:22 PaoU 63:13,19 64:21 paper 92:13 Parnell 3:7 part 11:3 16:2 29:13 30:2,9,9 31:8 69:12 112:24 particular 10:23 15:24 19:9 22:8 26:22 27:4 30:9 41:23 47:25 85:25 85:25 86:11,12 97:2 parties 116:14,15 paste 44:13 paste-type 15:7 patching 70:16,17,21 73:15,19 106:8 patent 10:25 108:7 108:24 109:11,19 109:22 110:11 111:9,10 113:1,2 patented 113:1 patents 111:6,17 Peachtree 2:9 3:9,17 penalties 117:22 Pennsylvania 63:9 63:13 people 16:12 65:24 66:5,10,15,17 67:16,17,19 percent33:14,14 89:24 91:14,22 percentage 43:25 89:22 90:7 percentages 89:19 91:25 percentage-wise 33:12 perform 34:22 period 18:3 36:19 47:8 57:9 62:23 64:10,24 65:4,17 67:24 69:9,13 70:2 71:5,7,15,24 72:12 72:2174:22 75:7 78:3,5 81:25 93:17 93:21 periods 35:5 81:8 perjury 117:22 permitted 100:5 person 34:10,17,21 personally 40:16 115:10 Phillip 26:1,1 U1 27:10,23 36:1,6 84:23 85:12 90:13 91:16 95:19 99:24 105:13 phrased 113:7 Pitcher 4:15 5:1 Pitt 11:16 place 58:17 88:4 places 88:9 plaintiffs 1:5 2:2 5:17,18 6:23 7:7,21 19:14 59:9 plant 29:8,11,14,15 29:17,19,20,20,22 29:24,25 30:1,4,5,6 30:19 31:16 32:4 32:14,24 33:6,6,6,8 34:25 35:2 38:14 38:16,21 39:141:6 43:21,24,24 46:9 47:4 51:2,22 52:23 53:8,21 54:3,6,13 55:12 56:17 57:3 57:12,13,18,22 58:3 80:2,3 81:11 81:24 82:5,18 85:20,20,25 86:16 88:6,22 89:10,15 91:6 94:8,9 95:10 97:23,25 98:8,13 99:4,9,11,12 plants 29:4 30:11,12 30:14 45:8,14,18 46:6,14,16 47:7 49:19 50:7 52:11 52:14 53:1,4,15 58:8 59:1168:16 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et ai. C. William Lehnert 10/3/2001 Page 9 83:22 84:1,3 85:1 85:17 86:11,15 88:1,16,18,25 98:21 99:14 plaster 48:4 71:21 107:12,12,16,19,22 plasters 48:6,9,18 49:3,12 70:16,18 70:21 71:9,15 73:15,19 74:6 106:8 plastic 44:14 Plaza 2:8,24 3:8 please 5:12 8:25 9:7 24:14 58:18 59:7 75:12 79:9 100:17 Plotner 2:23 6:1,1 8:3,6 108:13 point 23:5 25:11 43:4 49:2 85:24 Pointe 1:16 4:4 5:5 pointed 7:22 41:4 Pointing 24:16 34:24 polystyrene 30:24 50:1,4,7 98:17,19 Polytechnic 11:14 position 16:23,24 17:5 23:8,16 104:21 positions 17:19 possibilities 106:15 possible 23:6 25:8 86:18 possibly 22:20 powdered 44:23 46:24 pre52:l 78:7,17 precede 6:15 precise 78:11 premixed 77:17 78:25 preparation 20:20 prepare 24:19 prepared 59:17 present 4:14 13:19 president 17:17 61:21 62:20,24 63:3 presumably 46:18 pretty 83:10 85:19 102:11 previous 15:5 previously 15:4 47:11 64:19 76:3 76:21 79:20 primarily 9:12 primary 84:23 101:13 printed 95:4 prior 9:11 20:2 76:13 77:3,18 78:8 78:9,11 84:20 95:25 pro 24:5 procedure 22:7 100:4 proceed 24:9 109:6 produced 93:4 105:25 product 7:4 11:5 13:17 15:8 16:14 16:15 17:1,21 18:12 19:1 27:1 28:24 31:15 35:1 37:3 38:2439:1 40:10 41:23,25 44:4,8 47:20 50:10 50:14 51:23 52:1 54:19 57:13 58:12 58:12,13 71:17 75:14,15 78:2 80:16 81:10,20 83:2,11,14 84:3 85:24 86:2,15,17 87:23,24 88:9 89:10,14 91:11 96:16 97:23 98:6 98:13 99:2,5,8 100:6,10 105:24 106:11,23 107:12 108:7,24 109:11,16 109:19111:14,14 113:1 products 7:2 9:14 10:20 11:23 12:3 12:20 13:1,7,15 14:19,23,25 15:16 16:2,4,10,16 17:6 17:22,24 18:1,4,9 25:5,16 29:430:18 30:22 31:3,16,19 31:25 32:3,6,10,13 32:17,20,23 33:2 34:1 40:12 43:23 43:25 44:19 47:13 47:14 59:14,16 60:24 62:11 63:22 64:3,6 69:12,15 70:7,9 71:14 72:13 72:15 75:6,9 78:18 79:1,1,2 80:14,23 84:14 85:16,20 86:12 89:3,7 90:1 10:2040:19,21 92:1,10 95:18,25 41:4 43:16 79:19 96:3,6,22 98:22 82:4 85:15 107:3,5 99:18 101:16 102:6 107:11,24 109:4 102:14,24 103:19 113:7 104:7,13 105:12,19 quickly 25:4 105:21 106:5 108:7 quite 76:19 78:19 108:19,23 109:11 84:12 111:7,19 quote 101:11 program 11:13 prosecuted 111:17 R provide 21:21 23:2 R3:124:4 64:11 raised 47:23 provided 10:12 Randall 2:3 5:17 Public 1:19 115:18 Randy 8:3 pulled 80:19 ranges 31:2 33:12 purchased 99:23,24 rated 16:13 105:12 rather 42:17 94:8 purchaser 69:1 Raw 27:8 purchasing 68:17 Rawson 61:23 62:22 purpose 13:14 30:23 63:1,5 66:22 31:6,932:7 44:4,5 re 22:2124:2,6 117:3 45:3,8 54:18,22,24 read 117:22 54:25 55:1,2,3,5,13 ready 15:1,2,6,10,13 55:20 56:6,9,11,14 27:7 30:25 31:21 80:23 81:7,10 32:8,18 33:3,5,7,15 pursuant6:22 21:21 33:19,21,23 34:4,4 22:2 110:14 34:5,10,17,21 35:1 put 6:13 21:7 22:25 35:5,8,14,18 36:16 53:17 76:7 89:18 37:3,9,19,24,24,25 91:24 93:24 95:1 38:6,15,21 39:2,9 113:14 39:19 40:141:6,10 putting 23:12 92:5 41:12,14 42:20 P.A2:18 43:12 44:9,10,10 P.C 4:3 44:15 50:11,14,16 p.m 1:14 41:1 58:25 50:17,20 51:1,5,6 59:3 79:11,14 51:12,15,18 53:9 100:19,22 114:18 53:23 54:7,15 114:20 56:25 57:3,22 58:4 O quantity 100:9 76:4,14,21 77:3 78:10,13,14,15,25 84:13,13 85:2,9 question 8:9 21:23 87:4 95:11,12,18 22:17 23:4 36:3,8 95:25 96:6,18,22 39:25 48:15,17 96:25 98:23,25 54:2 55:9,23 61:6 realize 42:14 62:3 65:23 76:20 really 102:8 112:15 77:8,9 85:23 86:10 reason 80:11 83:2 87:1 89:5 93:23 recall 40:15 43:9 96:19,22 97:6,22 66:5 68:19,2170:6 97:25 105:18 106:3 109:16112:4,5,6 71:3,13 72:3,14 73:1,9,25 74:11,18 112:16,23,25 113:3 75:2,8 113:6,11,12,18,20 receive 38:11 questioning 7:9 Recess 40:24 59:1 questions 9:4,6,12 79:12 recognize 24:17 28:5 recollection 53:19 record 5:11 6:14 1 8:14 21:11,14,15 j 21:16,1922:11,25 23:8,12 40:22,25 42:20 48:24 58:24 59:2 79:10,13 100:18,21 108:16 112:3,24114:18 116:11 f records 7:16 60:11 [ 60:15 88:4 record's 23:18 105:23 refer 83:18 reference 43:6 90:17 ! referring 22:5 1 regarding 7:10 41:5 1 51:11 110:15 region 97:24 98:24 f 99:1,3,4 regions 58:8 regular 20:15 reinforcing 70:3 73:6 related 10:14 relates 25:16 I | | i f relating 9:13 relationship 7:10 relative 116:13,15 j I i relevance 22:21 86:5 91:18 92:3 99:25 relevancy 19:11 relying 95:3 remember 25:8 65:6 69:21,24 70:11,14 85:17 86:3,8 97:25 104:20 105:20 106:6 rephrase 54:2 55:9 89:9 93:23 113:20 replaced 93:17 . report 64:23 66:22 f j { ! | | | j j f 116:8' reported 65:2,7 104:22 reporter 5:9 6:11 REPORTER'S f 116:1 reporting 65:5 i | represent5:12,13 9:3 represents 24:22,23 | request 9:8 37:17 38:4,1040:6,742:9 | 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704)333-9889 Fax (704) 372-4593 T Page 10 Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et at. C. William Lehnert 10/3/2001 43:7 102:3 requested 38:9 116:10 required 34:6 requirements 29:23 30:2 research 10:22 14:15 15:12 16:21 17:6 59:19 102:22 reservation 23:3 reserved 8:9 21:23 22:17 23:10 reserving 23:13 Resin 80:4,9,13 resistant 10:24 40:6 42:9 43:8 Resort 1:15 5:5 respect 94:7,9 responsibilities 101:20 responsibility 13:9 15:9,11 101:13 102:1 responsible 17:5 result 50:24 retire 9:23 10:3 retired 9:21 11:2,4 retirement 10:1,5 review 18:20 20:19 20:22 21:1,3,6 24:23 27:1 30:17 31:14 32:2,12,22 34:25 37:2 38:14 39:140:9 116:9 reviewed 59:24 reviewing 20:18 25:2 revision 93:12 Richman 3:20 ridges 47:23 right 5:14,15 10:11 20:18 40:20 43:16 55:22 83:13 84:4,8 85:10 86:25 87:4 89:9,12,18,20 90:11,12,16,25 91:2,5,7,8,10,14 93:22 96:5,12,15 96:20 97:1,22 100:14 102:21 106:17,19 107:13 111:9 112:25 right-hand 79:22 Riley 2:7 River 2:5 RMR1:19 115:18 116:7,21 Robert 2:18 5:16 Roebuck 4:2 6:8 role 11:2 Romance 3:21 6:5,5 Royster 2:23 rule 22:8 rules 21:21 22:3,4,6 22:13,14 23:1 run 67:9 running 67:14 S S 2:14 3:8 Sales 62:7,9,19 63:3 63:8,22 64:4,11 66:7,9 102:3 103:2 104:8 same 34:13,18 43:13 54:10 55:12 62:23 63:9,12 66:2 67:9 67:19 83:10 86:17 102:11 sand 50:24 Sanders 4:8 6:10,10 sands 34:7 Sanibel 1:15 5:4 saying 42:14 55:18 56:13 85:24 says 22:9 27:7,12 96:11 Scapa 3:6 5:21 Scarborough 2:7 Science 11:19 scope 6:25 48:12,23 seal 115:13 Seaport 9:19 Sears 4:2 6:8 seats 79:9 100:17 second 7:3 21:12 29:14 34:24 37:25 37:25 54:14 80:1 94:20 95:10 see 11:12 18:18 27:13 28:17 36:15 84:25 86:9,25 87:23 89:9 90:15 92:15 94:15,19 96:10,20 97:9 104:20 seeking 69:1 seen 7:19 selected 19:9 21:1 sell 63:21 64:3 69:11 69:15 70:3,16,17 71:1,8,25 72:9,22 73:5,14,21 74:5,14 74:23 98:9 sense 100:9 sent 82:19 98:13,24 . 99:3 separate 60:25 61:4 61:12,16,20 separation 103:18,23 September 33:10,16 33:20,24 35:20,21 36:4,14,23,24 51:3 51:7 85:9,11 95:17 95:17,21 96:1,1,9 97:16 series 85:15 108:2 serve 98:8 served 97:24 Service 11:6 serviced 58:9 Services 17:1 set 18:16 21:4 30:23 31:6,9 32:9,19 46:20,22 47:3,7 82:23,25 83:5,10 83:14,18,20,22,25 84:7 86:11 87:8,13 87:21,24 90:12,19 91:6 100:11 Seventy-three 9:17 several 20:23 25:7 SG21:9 SGP 90:24 91:1 94:22 SG-2 96:21 SG-210 7:2,4 9:13 21:9 25:127:13,16 28:1,23 33:25 34:2 35:17 36:25,25 38:1 39:9 40:8 41:10 45:5 46:1,15 46:17,19 47:5 49:12,17,23 50:5 51:4,9,16 52:8,19 52:24 53:10,23 54:9,23 55:6,15 56:7,18,21 57:5,9 57:18,20,24 58:6 59:12,16 81:7,12 82:1,16,19 84:3,21 85:2,5 86:13,16,18 86:22 87:2,6 88:5 88:21,25 89:12,15 89:19 91:1195:15 95:22 96:2,6 97:2 97:11,16,19 Shea 3:12 101:1 SHEET 117:1 sheetrock 16:13 Sherie 5:9 Sheryl 1:19 115:18 116:7,21 ship 98:20 shipments 37:19 78:10 82:15 shipped 81:20 97:23 99:1 short 40:21 93:17 shortage 99:5 shortages 99:7 show 59:5 88:5 90:16 shows91:ll,16 Shutdeworth 12:15 12:17 14:5 17:12 64:21,23 104:12,15 104:22,24 105:2 111:11 side 79:22 significance 80:9 81:1,18 94:23 silence 21:24 22:12 Simmons 1:4 2:3 5:7 7:24 22:22 24:3,7 since 10:1,5 19:25 34:8 88:20 sir 23:24 44:3 45:19 48:2 54:2 56:10 59:7 109:9 sit 40:15 70:22 72:25 sitting 84:11 slightly 93:12 small 14:15 102:21 sold 15:8 47:1 69:23 72:5,16 73:3,11 74:1,20 75:4,10 76:17 77:5,13 78:6 78:16 81:7113:25 114:3 some 6:21 9:4,5,6 10:11,23 11:6,12 11:16 16:12 18:3 20:24 25:9 36:17 36:19,22,25,25 37:13,18 38:5,7 40:1,21 42:8 47:17 47:18 48:9,19,20 48:21,21 49:2 51:15 55:20 56:11 56:19,23 57:19 65:18 66:10 67:23 68:16,20 76:12 78:1,10 79:i9 80:12,18 82:4 85:13 89:19,25 94:14 95:14,22 96:25 97:11 98:16 106:15,18 107:11 107:19 something 38:8 47:1151:23 92:22 [ 94:11,12 98:23 99:5 110:3 113:15 sometime 16:25 sometimes 85:23 I I 86:1 98:2,24 somewhere 92:16 sorry 20:6 42:18 54:5 76:19 102:16 South 3:22 southeastern 30:2 southwest 58:14 f southwestern 29:13 1 special 37:17,18 38:4 1 38:6,11 40:6,7 42:8 1 42:9 43:7,7,8,11 specialized 11:13 specific 38:10 speculation 86:19 Speed 30:23 31:6,9 46:20,22 47:3,7 82:23,25 83:4,10 83:14,18,18,20,22 83:25 84:7 87:8,13 87:21,24 90:12,19 91:5 spray 47:16 spun 13:24 stand 112:24 stands 112:24 start 5:14 6:19 54:5 55:11 109:9 started 53:16 60:23 61:11,20 69:10 76:12 101:24,25 starting 84:14 95:21 state 1:20 5:10 8:6,7 8:24 21:19 23:21 23:23 24:6 115:6 115:18 116:4 stated 21:25 22:18 statement 23:5 statements 6:21 States 29:13,18 30:3 30:10 stenographic 116:11 stenographically 116:8 stick 95:4 still 14:1,5,18 17:14 42:1143:4,12 800-333-2082 Hwa--miiubjl ..jiijmMoiuia Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 T Asbestos Litigation Filed The Simmons Firm vs GA-Paciflc, et ai. C. William Lehnert 10/3/2001 Page 11 45:19 69:19 101:11 stipulate8:3 . stipulated 22:1,1,13 stipulations 6:18 stop 112:21 straighten 109:15 Street 2:9 3:9,17 strictly 81:21 strike 36:3 112:2 113:25 stud 51:25 studs 52:3,3 stuttering 56:2 subject 11:18 117:22 subsequently 12:12 substance 117:23 succinctly 25:4 suggest 40:21 Suite 2:8,12,15,24 3:17,21 summarize 93:21 summary 79:22 summers 11:16 Suntrust3:8 supervisor 64:20 104:12,14,16,18,25 105:2 supplied 25:22 26:6 26:23 27:3,9,15,23 28:2,13 29:11,12 29:16,17 30:7 35:24 supplier 26:15 99:17 suppliers 26:18 supply 29:21,25 30:6 suppose 36:21 supposed 98:8 sure 39:15 42:19 43:20 45:17 46:13 49:23 51:21 54:16 54:17 55:11 58:15 70:9,24 71:23 73:19,20 78:11 83:16,17 88:15 90:14 94:18 95:1 95:11 105:23 106:4 106:19 107:18 surface 47:19 Swansea 4:5 swear 6:12,20 switch 72:20 79:9 100:17 sworn 6:17 8:12,20 115:11 system 12:21,24 13:1 13:8,10,11 18:4,11 19:1 21:4 S.E 4:8 T take 22:14 58:18 79:21 98:17110:19 taken 1:17 6:22 21:2022:2 23:2 40:24 59:179:12 talk 53:14 72:21 talked 72:18 75:7 106:15 talking 33:20 40:16 47:8 92:18 talks 95:11 tape 13:2 34:12 79:14 taping 31:10 34:7 40:7 50:22 75:16 Tech 11:15 technical 10:12,21 11:3,5 17:1 tell 9:7 10:8 11:21 28:1929:1047:13 51:24 93:5 101:19 102:19 tells 97:5 tender 25:12 term 47:12 109:12 terms 31:7,8 95:3 99:16 100:2 testified 10:10,11,25 42:8 47:1164:20 76:3,21 97:10 104:11 105:7 112:11 testify 112:17 testimony 41:5 101:10 Texas 27:7 29:8,11 30:19 33:6,8,16 43:24 45:15 46:1 47:4 50:8 51:2 52:19 58:14 80:22 81:15,24 82:5,18 82:22 83:23 85:8 85:11 87:5 88:2,6,9 88:22 91:6 99:12 texture 17:24 24:25 30:24,25 47:12,20 47:25 49:15,16,20 50:1,4,8 98:18,19 textured 47:13,19 textures 16:17 31:6 31:1147:14 71:1,4 73:22 74:1 98:20 98:21 106:18 texturing 75:17 Thank 24:15 43:15 58:20,23 60:18 79:7 94:20 100:14 107:2 110:17 112:7 Thankfully 103:17 Thanks 112:8 their 26:7 27:20 63:8 themselves 97:20 thing 89:18 things 43:8 79:20 106:19 think 16:20 22:12,15 22:22 23:17,18 45:18 51:19 54:4 55:24 57:15 61:1 76:12 86:20 92:6 94:13 96:2497:5 97:17 100:13 101:18 105:24 106:11,22 107:1 108:1 111:24 112:3 113:10 thinking 56:13 third 1:1 7:9,25 29:19 though 83:9 108:11 thought 82:4 three 63:6 92:24 103:7 107:5 through 7:17 25:7 63:22 64:3,10 68:15 69:10 85:19 88:14,20 93:24 105:19 106:5,24 107:10,19 111:14 throughout 12:5 102:11 Tigard 20:3,6,7 tile 16:14,14 till 23:11 54:21 time 1:14 5:3 7:20 10:19,19 12:5 14:1 14:6 16:21 18:3,10 19:2021:14,17,25 23:11 33:20 35:5 36:20 39:5 40:23 41:143:13,15 47:8 49:2 56:3 57:9 58:22,25 59:3 60:24 61:19,20,24 62:23 64:10,24 65:4,17 67:24 68:24 69:4 78:3,19 79:11,14 81:8,25 84:20 93:17,21 99:2 100:19,21 102:12 114:17 timeframe 37:10 60:5,9 70:12 108:6 times 17:21 33:7 58:16 title 11:6,25 14:12 16:19,20,25 17:16 today 9:8,12 12:17 40:15 70:22 72:25 79:20 84:11 93:4 106:14 107:11 114:13 Today's 5:2. together21:7 91:24 92:5 93:24 told 41:21106:13 Tomlin 2:11 top 28:15 67:16,17 67:17 topping 31:20 32:7 33:23 34:4,5,17,21 37:19 40:5 50:14 50:17,20 51:11,15 52:22,24 53:1,5 54:15,15 56:21,23 56:24,25 57:1 72:9 74:24 75:3 Torres 3:16 total 93:21 track 101:15 trade 69:21 70:6 71:3,14 72:3 73:1 73:10,25 74:11,18 75:2,9 training 11:13 transcript 116:10,10 117:2 transferred 104:21 tremolite 112:1 Trevor 3:3 6:3 22:24 79:18 trial 21:23 23:11 37:18 trials 10:11 tried 86:10,20 Triple 30:23 31:6,9 45:20,20,25 46:6 75:13,14 81:14,23 82:5,17,19 88:8,12 88:21,24 true 2:14 20:14 59:21 60:2,3 89:2 116:11 117:22 try 55:22 56:3 93:20 97:9,12 trying 36:10 | tube 52:2,2 turn 80:1 Twain 2:24 two 37:19,23 45:18 68:21 92:14,15,21 92:21,24 type 17:3 77:17 84:21 90:1 106:22 111:13 typed 95:4 types 10:8,17 23:10 72:15,17 75:8 90:5 typical 98:4 typically 97:24 U ultimately 67:2 111:18 under 20:11 23:1,2 27:7 59:18 80:22 81:14 82:22 84:1 89:10 97:10 98:12 100:7 117:22 undersigned 115:9 understand 19:13 22:13,20 36:10 41:9 60:17 65:22 68:16 76:19 77:8 78:19,21,23 83:19 95:12 96:19 97:10 108:10 112:15 113:21 understanding 19:8 21:20 22:25 understood 95:11 Union 2:8,213:2 6:2 6:3 7:1,4,6 9:13 22:24 25:1,6,16,20 26:4,13,15 27:17 28:2,23 29:1 30:20 31:2,17,23 32:4,10 32:14,20,24 33:9 33:12,17,22 35:2,6 35:9,10,14 36:16 37:4,7,10 38:15,22 39:3,21 40:2,13,16 41:1542:2146:1 47:4 49:17 50:4 52:8 53:23 54:9,23 55:15 56:6,12,18 56:21 57:5,9,18,24 58:5 79:18 81:6,11 82:1,6,18 83:15 84:2,20 85:25 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 T Page 12 Asbestos Litigation Filed The Simmons Finn vs GA-Pacific, et al. C. William Lehnert 10/3/2001 86:13,16,17 87:6 79:8 100:16 114:16 87:10 88:5,11 videographer 4:15 89:11 95:22 99:23 5:1,2,13 6:117:23 United 29:13,18 30:2 21:13,16 40:22,25 30:10 58:24 59:2 79:10 unless 66:1472:10 79:13 100:18,21 unswear 8:15 114:16 until 12:4,5 17:12 Virginia 2:11 6:6 21:23 39:10 41:19 11:14,15 30:5 42:5 43:1 45:5 32:24 38:25 39:3 46:3 56:5 57:5 39:20 41:6,15 58:5 68:24 84:17 42:20 58:3 94:8 85:9,11 95:17 96:9 virtually 35:10,20 97:16 102:18 109:6 36:5,21,22 96:11 unusual 98:5 visitors 69:7 upper 67:9 Voelker 2:23 usage 28:16 29:4 volume 89:23 92:13 32:20 94:2 99:16 use 7:1 9:13 21:9 voluntarily 9:8 31:7,8 32:10 34:10 vs 1:6 117:3 34:15,17,21 86:22 99:18 109:23 W 111:12 W2:15 used 13:2,3 23:6 26:7 wallboard 13:2,4 27:4,10,17 28:23 16:12,14 31:10 29:1 31:9,11 33:13 34:12,16 109:12,17 35:21 36:6,25 109:20,23,25 38:15 41:12 46:15 . 113:25 114:3,7,10 46:17 47:20,21 walls 30:24 49:15 50:21 51:20 60:8 Walsh 4:12 5:23,23 74:3 75:15,17 want 5:10,14 6:13,20 84:21,22,24 94:4 21:23 22:11,15,25 95:19,22 97:6 23:14 37:13 60:22 105:12 72:20,20 110:19,20 using 27:6 85:5,8,12 113:14 usual 98:4 wanted 7:18 21:19 usually 47:16,21 84:6 95:11 96:15 USX 2:17 5:16 96:20 97:1,18 Ward 2:18 V Washington 3:13 vague 64:6 67:4,12 101:2 67:21 69:2 wasn't 42:6 51:19 Vandalia 2:15,24 60:25 variations 100:5 water 10:24 13:16 variety 76:18 77:6 15:7 44:11,25 45:1 78:7,17,17 47:15 76:23 77:7 various 59:11,14,15 wavelength 55:12 Vermiculite 110:1 way 9:20 99:22 110:12,16 111:22 112:23 113:15 114:9 weight 89:22,24 Vernon 3:15 5:22 91:14 versus 5:7 99:23 Weil 3:20 very 60:19 93:16 welcome 58:21 100:14 112:8 well 9:6 20:24 23:1 vice 17:17 24:6 23:16,19 24:10 video 1:12 5:3 8:14 36:20 40:7 43:2 68:16 70:13 74:3 75:17 80:18 83:16 83:19 90:12,16 92:14,20 96:21 97:5 98:17102:8 109:3,15 went 11:15,15 25:7 70:12 77:3 82:15 85:19 102:4 105:6 106:5 111:14 were 7:5,13,20 9:11 11:1,21 12:2,613:6 14:1,8,18,22 15:5,6 15:24 16:10 17:5 17:20 19:13,20 25:25 26:9,18,20 26:22 28:21 30:11 30:14 31:9,11,13 32:6,17 33:2 35:12 36:7,8,21 37:6,12 37:19,23 38:2,5 40:1,5 53:13 56:13 59:9,17,18 62:20 64:15 65:17,18,24 66:6,7,10,14 67:5 67:18 68:6,7,13,13 68:17,20 72:15 73:2,1174:1,19 75:9 76:15,16 77:4 77:4,16 78:6,7,15 78:16,18,24,25 79:1,2 82:15 85:16 86:21 87:4,5,8,9 92:1 93:11,25 96:4 96:22,23,24 97:6 97:22 98:7,9,16,18 101:4,10,20 102:6 102:13,14,23,24 103:1,2,6,7,12,23 104:4,18 106:19 111:16,17 112:12 weren't 103:22,25 104:3 106:19 West 2:24 3:22 wet 44:7 Weyerhauser 68:22 we're 21:13 22:13 23:13 33:20 39:14 40:22 55:11 58:24 79:10,13 111:21 114:18 we've 72:18 75:7 93:4 whatsoever 104:7 while 79:8 86:16 100:16 white 105:15 whole 102:12 105:19 wide 92:23 William 1:12 2:4 5:4 5:18 8:18 9:1 114:17115:10 116:9 117:24 Wilson 17:13,14 Winderweedle2:18 Wisconsin 3:4,5 withdraw 112:5,6 113:11 withdrew 113:6 witness 6:12,17 7:18 8:19 19:1342:3 48:13,16,20 49:9 54:11 55:24 61:6 61:14 62:4,11 63:25 64:7,15 65:15 66:3,14,24 67:13,22 68:10 69:3 82:10 86:20 89:6 99:20 115:13 witnessed 111:5 Wood 2:5 Woodman 2:18 word 56:2 work 10:6,9,14 12:20 13:7 14:18 16:4,7 17:3 62:17 63:17 102:5 workability 38:7 worked 12:19 63:19 65:24 66:11,21 72:14 76:4 104:25 105:3,8 107:17 working 14:16 60:23 93:25 94:2 101:25 102:22 wouldn't 25:8 39:16 39:17 40:8 49:22 WRITE 117:2 written 28:16 80:24 81:15 wrote 35:22 81:16 W.R 111:25 X X 111:13 Xboard 108:24 Y Yeah 42:3 55:24 95:7 96:9 108:1 years 11:7,11 12:19 14:11,1716:8 38:18 84:6 107:16 i Yes,sir45:12 I York 29:15,17 31:16 34:25 35:2 51:22 52:23 53:7,21 54:3 54:6 58:13 80:2 87:9,10 95:10,18 96:1 97:11 0 001727494:22 0018388 90:25 91:1 1 141:25 45:4 1st 37:17 1:18 79:11 1:3179:14 10th 33:24 10:491:14 5:3 100 2:24 4:20 103 2:15,24 1030 2:12 107 4:18 1084:19 11th 45:4 11/7/72 49:15 11:13 21:14 11:28 21:17 11:5940:23 110 4:20 1124:19 1150 3:17 12/16/7545:5 12:14 41:1 12:40 58:25 12:51 59:3 1234:23 93:10 1333 4:8 1360 3:17 1400 2:8 141119:19 15115:19 1500 2:19 15043:21 17th 50:3 172601:16 5:5 18 4:23 18th 57:16 18003:13 19 39:10 192997:12 194511:12 1950 11:17 15:18 195111:22 12:5 60:23 61:2,9,19 g I 1 1 1 1 1 I | I | i \ 1 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherion Deposition Services (704) 333-9889 Fax (704) 372-4593 r Asbestos Litigation Filed The Simmons Firm vs GA-Pacific, et al. C. William Lehnert 69:9,13,19,23 70:3 70:11,15,2571:5,7 71:11,15,24 72:5,8 72:12 77:5,13,19 77:21 101:4,13,23 105:8,20 106:1,12 106:23 109:10 110:24 113:24 114:2,9 1954 102:2,4 1955101:25 1956 12:4,6 13:20 14:3,10 15:17,19 61:18,19,25 62:16 62:19,23 63:2,6,11 63:14,18,21 64:2 64:10,17,20,25 65:25 66:11,20 67:6,8,18 68:24 69:10,13,19,23 70:3,11,15,25 71:5 71:7,11,15,24 72:5 72:8,12,21,22 73:3 73:7,12,15,22 74:2. 74:4,13,20,22 75:4 75:7,25 77:5,6,13 77:19,22 78:5,16 78:20 101:9,14,23 102:4 103:19 105:20 106:12,23 109:10 110:24 113:24 114:2,9 1960 14:15,21 102:18,19 1964 63:21 64:2,10 64:17 1965 14:10 15:15,17 15:19,22 16:19 62:20,24 63:2,6,11 63:14,15,18 64:20 65:1,2 66:1,12,20 67:6,8,18 68:3,6,25 72:21,22 73:3,7,12 73:16,22 74:2,4,13 74:20,23 75:4,8,25 76:8,13,15 77:3,6 78:5,8,9,11,16,22 84:14 1967 17:12 105:6 196928:21 35:7,13 36:2,4,13 53:8,22 54:3,8 95:14 96:4 97:13,19 1970 35:21 36:14,23 37:8 57:4 85:6 87:5 95:18,21 96:1 96:9 97:16 197133:10,16,20 51:3 57:16 83:1,4 83:13 91:9 1972 18:8 38:19 50:3 52:7,23 54:21 55:14 56:5,17,20 57:23 1973 39:6,20 42:22 50:4 52:8,23 54:22 55:14 56:6,17,20 58:4 1974 33:24 37:16,21 45:24 81:25 1975 33:24 37:18,20 39:7,8,10,13,21 41:17,20 42:1,5,22 43:1 57:16 58:5 1976 37:18,21,22 45:25 46:4,5 81:25 197718:15 28:22,25 33:11,16,21 35:7 35:13 37:8 38:19 51:3 53:8,22 54:8 57:5,24 198219:25 20:2 1990 9:24 10:5 45:4 2 2 79:14 2.25 91:22 2:00 100:19 2:07 100:22 2:22 1:14 114:18,20 20 39:8,20 41:16,20 42:22 43:1 20th 37:16 39:7,10 39:10,13 41:11 42:1 50:3 57:16 58:5 20011:13 5:2 115:14 116:19 200363:13 2004115:19 202 3:14 2139:20 42:22 21st 37:8 39:6 57:4 58:4 2174:12 22 33:16,20 22nd 33:10 37:20 45:25 46:4 49:16 51:3,7 81:25 23rd 37:18,21 244:4,24 246-86612:20 254:8 25th 37:21 2503:22 251-2222 2:5 260-6080 3:18 27th 37:20 277-55004:5 29 28:21,22 35:13 36:2,4,13 91:9 29th 35:7 53:8,22 54:3,4,8 82:25 83:13 95:13 96:4 97:13,19 297-55363:5 3 31:13 3M 3:19 6:5 3rd 5:2 3.7533:14 3/30/7447:3,9 30th 52:7,23 56:17 56:20 300 2:15 92:16 301 2:4 303 3:9 30308-3243 3:9 30309 2:9 3:17 305 2:13 328012:20 33137-32512:12 33401-50163:22 339199:20 344784:9 3524:9 3902:19 4 4 33:16,21 35:13 4th 18:15 28:22,25 33:10 35:7 37:8 38:19 51:3,7 53:8 53:22 54:8 57:5,23 40003:8 404 2:10 3:10,18 407 2:20 414 3:5 43 4:19 438-9899 2:13 47702:12 5 5 28:24 5th 45:24 54:21 55:14 56:5 81:25 50 102:17 51 108:6 109:4 110:1 110:5 112:12,18 53202-53673:5 56 102:9 104:23,23 105:8 106:1 108:6 109:4110:1,5 112:13,18 5613:23 6 638:19 57:23 6th 115:13 116:19 6/21/73 41:11 6/29/7147:3,9 604:19 102:17 60123 4:13 614-7400 3:10 618 2:5,164:5 62025 2:15,25 62095 2:5 62226 4:5 65 102:10,16 656-0184 2:16 69 28:22 36:20 7 7 95:17 7RF-9 35:21,24 36:6 36:23 84:23 7RF02 28:5,12 7RF09 27:8,9,22 91:16 95:19 70 36:4 96:1 7151:7 85:9,12 73 49:16 732-22554:9 74 37:16 45:4 51:7 51:11 82:6 741-4603 4:13 7541:11 76 82:6 77 51:8,9 84:18 777 3:4 794:20 8 84:18 51:11 8th 33:24 803-35003:23 817-6287 2:10 828-21773:14 8474:13 9 935:20 9/10/75 51:12 9992:9 10/3/2001 Page 13 [ & fl 8 8 i 1I \ | 1 I i r 1 i 800-333-2082 Reported By: Sheryl L. Akerley, RMR Spherlon Deposition Services (704) 333-9889 Fax (704) 372-4593 attorneys John Simmons (II, GA, FL) Marcus E. Raichle, Jr. (IL, MO, OK, IN) Ted N. Gianaris (IL, MO) Jeffrey S. Cooper (IL) Perry J. Browder (IL) S. Martin Jansky (IL, MO) James F. Kelly (MO, OK) Michael J. Angelides (IL, MO) Nathaniel D. Mudd (IL, MO) John A. Barnerd (IL) The Simmont Firm llc. Attorneys ot Law Lawyers for the American Worker OF COUNSEL Randall A. Bono (IL) Charles W. Chapman (IL) William A. Kohlbum (MO) May 19, 2002 Mr. Aaron J. DeLuca Goldberg, Perskey, Jennings & White 1030 Fifth Ave. Pittsburgh, PA 15219-6295 Re: Union Carbide Sales Dear Mr. DeLuca: Enclosed please find a copy of the deposition of C. William Lehnert taken on October 3, 2002. With kindest regards, \ Enclosures Rose M. Mullikin Trial Paralegal 301 Evans Avenue, Suite 300, P.O. Box 559, Wood River, Illinois 62095 800-479-9533 618-251-2222 618-251-2251 (Fax) 700 Berkshire Boulevard, Citizen's Building, East Alton, Illinois 62024 3362 Hollenberg Drive, Suite 300, P.O. Box 890, St. Louis, Missouri 63044 314-298-7722 314-298-1155 (Fax) www.simmonsHrm.com