Document x1MJbmqM0XDaOkGYLOXoZgr86

FILE NAME: ALCOA (ALC) DATE: 1998 Feb 28 DOC#: ALC028 DOCUMENT DESCRIPTION: Legal-Deposition of Thomas Bonney with BC Notes *2 ^ 7 ^ 7 /k & ^ S f S f - S f S Z Ss - d d S S S t^ b S S f S?f sC s? S S S tu . 4 < > ^ * ^ ^ * / 7 z y s -- S S S // / / .. -^ z t^ z -ts S - /5 ? S d jr >C^4a/ ' ^ 6 -* t~ /\ SYS S * a* s 4 4 - 1 > s / ( 9 V T , W hatley vs. Alcoa Thom as B. Bonney; F eb ru ary 25,1998 , IN THE DISTRICT COURT OF MILAM COUNTY, TEXAS 20TH JUDICIAL DISTRICT LARRY C. WHATLEY, Individually and) as Personal Representative ofth e ) Heirs and Estate of GLENn WHATLEY,) Deceased, et al.,) ) Plaintiffs,) ) Cause vs.) No. 25093 ) ALCOA POWER MARKETING, IN C.,) et al.,) ) Defendants.) Deposition of THOMAS B. BONNEY Wednesday, February 25,1998 The deposition of THOMAS B. BONNEY, called as a witness by the Plaintiffs, pursuant to notice and the Federal Rules of Civil Procedure pertaining to the taking of depositions, taken before me, the undersigned, Colleen O'Brien Adams, a Notary Public in and for the Commonwealth of Pennsylvania, at the offices of LeBoeuf, Lamb, Greene &MacRae, 601 Grant Street, Pittsburgh, Pennsylvania 15219, commencing at 10:00 o'clock a.m., the day and date above set forth. APPEARANCES: On behalf ofthe Plaintiffs: Law Offices ofAndrew Waters: C. Andrew Waters, Esquire 400 South Zang Boulevard, Suite 500 Dallas, Texas 75208 On behalf of the Defendant J.T. Thorpe: Fairchild, Price, Thomas & Haley, L.L.P.: Campbell Cox, Esquire 413 Shelbywille Street P.O. Drawer 1719 Center, Texas 75935-1719 On behalf ofthe Defendant AC&S: Gollatz Griffen & Ewing: Arthur H. Baker, Esquire 301 High Tech Drive Oakdale, Pennsylvania 15071 On behalf ofthe Defendant Alcoa: LeBoeuf, Lamb, Greene & Carroll, L.L.P.: Patrick Kingsley, Esquire 601 Grant Street Pi-H-cVmrorV Pormovlvarnn 1W.1P and Walker, Keeling & Carroll, L.L.P.: Ronald B. Walker, Esquire 210 East Constitution P.O. Box 108 Victoria, Texas 77902-0108 ________________________________ Page 3 1 THE VIDEOGRAPHER: This begins the 2 deposition of Thomas Bonney. We are on the 3 record. The time is 10:18 a.m. The court 4 reporter may now swear the witness. 5 THOMAS B. BONNEY 6 called as a witness by the Plaintiff, having been 7 first duly sworn, as hereinafter certified, was 8 deposed and said as follows: 190 EXAMINATION BY MR. WATERS: 11 Q Would you state your full name for the 12 jury, sir? 13 A Thomas B. Bonney. 14 Q Mr. Bonney, how old a man are you, sir? 15 A 76. 16 Q Are you presently employed? 17 ANo. , 18 Q When did you last work full time? 19 A In 1987. 20 Q Are you presently retired from your 21 employment with Alcoa? 22 A Yes, I am. 23 Q Are you receiving pension or retirement 24 benefits from Alcoa? 25 A Yes, I am receiving a pension from Alcoa. Thom as B. Bonney; F eb ru ary 25,1998_______________________________________ __________ W hatley vs. Alcoa Page 4 Page 6 1 Q Do you own stock in Alcoa? 2 A I have stock, yes. 3 Q And did you earn that stock or the right to 4 purchase that stock during the time frames you worked 5 at Alcoa? 6 A Yes. I got that stock while I was employed. 7 Q When did you first come to be employed by 8 Alcoa? 9 A I was employed in 1948. 10 Q And what was your date ofbirth, what is 11 your date ofbirth? 12 A January 17,1922. 13 Q All right, sir. Have you given a 14 deposition previously, sir? 15 AYes,Ihave. 16 Q So you understand generally the purpose of 17 the procedure is for me to ask questions and you to 18 provide answers to the extent that you can do so? 19 A Yes, Ido. 20 Q Can we have an agreement that if, for any 21 reason you do not understand my question, you will ask 22 me to rephrase it or reword it in some fashion? 23 A I will do that. 24 Q Because from time to time, I will ask 25 inexplicable questions so -- how many other times, 1 A No, Ido not. 2 Q What was the substance ofyour testimony or 3 what was the purpose ofyour testimony, to the best of 4 your recollection? 5 A It is difficult for me to say. Providing 6 some information about environmental activities at the 7 time. 8 Q All right. Were these policies that were 9 written many years ago? 10 A I have no idea. 11 MR. WALKER: Do you mean insurance 12 policies? 13 MR. WATERS: Yes. 14 BY MR. WATERS: 15 Q Do you have any knowledge or awareness that 16 Alcoa has sought or is presently seeking insurance 17 monies related to asbestos in its facilities? 18 A I have no knowledge ofany. 19 Q What continued involvement, if any, do you 20 have at the present time with Alcoa? Do you serve as 21 a consultant to Alcoa? 22 A No, other than my testimony here. 23 Q And in this instance, am I correct that 24 Alcoa has asked you to provide your testimony in this 25 case? Page 5 1 sir, have you given depositions? 2 A Two times before. 3 Q All right, sir. And did either of those -4 well, what did those two cases involve? 5 A These invplved Alcoa reclaiming insurance 6 money for necessary cleanup for some environmental 7 problems. 8 Q All right, sir. Did that include 9 environmental problems resulting from the use of 10 asbestos materials? 11 A No, it did not. 12 Q When did you give those depositions? I 13 will start by asking if that was subsequent to your 14 retirement. 15 A It was after my retirement 16 Q Was the purpose ofthat litigation ~ was 17 Alcoa seeking to recover insurance from its carrier to 18 help assist in paying for environmental cleanup of 19 some sort? 20 A Yes, that's exactly what it was. 21 Q But to the best ofyour recollection, that 22 did not include any asbestos abatement or asbestos 23 cleanup? 24 A I don't recall any asbestos at all. 25 Q Do you recall which carriers were involved? Page 7 1 A Asked for my assistance. 2 Q They asked you to assist in defending the 3 case? 4 A In whatever capacity I might be useful. 5 Q When were you first contacted with respect 6 to providing your assistance or being useful in this 7 case, as you put it? 8 A I don't know exactly, but six months, a 9 year. 10 Q Were you told anything about the facts of 11 the case? 12 A Just in general terms. 13 Q What were you told in general terms? 14 A That an employee had developed cancer and 15 was alleged to have been caused by.exposure to 16 asbestos in an Alcoa plant. 17 Q Did you understand that it had to do with 18 the Rockdale, Texas facility located in Milam County? 19 A Yes, I am aware. 20 Q Were you advised that this employee, 21 Mr. Glenn Whatley, had suffered and died from 22 mesothelioma? 23 A Yes. I was told that. 24 Q And are you aware from your own experience 25 and training that mesothelioma is a disease, disease Patrp d - P a cro 7 tnnnonnTTvrTM W hatley vs. Alcoa Page 8 1 process that is caused almost exclusively from 2 asbestos exposure? 3 A Not exclusively, but it might be. 4 15 percent or so might be attributed to unknown 5 causes. 6 Q If a person has a significant amount of 7 occupational exposure to asbestos over his work life 8 and he develops mesothelioma, would you agree with me g that more likely than not asbestos exposure is the 10 cause ofthe disease? i l A I guess it would depend upon what one 12 considers a significant exposure, and if it was a 13 heavy exposure, there might a possibility of 14 mesothelioma developing. 15 Q Are you familiar, sir, from your review of 16 the literature, industrial hygiene literature over the 17 years, with cases of household exposure where persons 18 develop this disease from merely washing their 19 spouse's clothing at home? 20 A I have a vague recollection ofthat, but 21 whether or not it was real or alleged, imagined, I 22 don't know, I can't say that now. 23 Q But you do have a recollection ofreports 24 ofthat nature in the literature? 25 AYes. Page 9 1 Q And let me say that this is not a memory 2 test. There will be some things you can recall fairly 3 easily. There will be other things that you probably 4 don't .recall one way or another, and ifyou do not 5 recall, feel free to tell us that. 6 Have you reviewed any documents pertaining 7 to asbestos or pertaining to this case since you were 8 first contacted somewhere between six and 12 months 9 prior? 10 AYes, I have. 11 Q Have you brought those documents with you 12 today? 13 AYes, they are here. 14 MR. WATERS: Where might they be? 15 MR. WALKER: They are right here. 16 MR. WATERS: That stack right there. Let 17 me just glance at them. Maybe the thing to do 18 would be to look at them during a break. I 19 probably have some ofthem with me, as well, but 20 maybe not all ofthem. 21 Why don't you put them right up here? 12 We'll take a quick look at them. 23 Q All right So we got one large box and one 24 small box and, Mr. Bonney, were these documents sent 25 to you at your home? Thomas B. Bonney; F eb ru ary 25,1998 Page 10 1 AYes, they were. 2 Q And did you bring these with you or are 3 these duplicates that were brought today by the Alcoa 4 attorneys? 5 A I brought these with me. 6 Q Okay. And how long have they been at your 7 home, approximately? 8 A Maybe three weeks, a month. 9 Q Okay. 10 Now, just to be clear, these documents were 11 provided to you by the Alcoa attorneys? 12 AYes, they were. 13 Q These documents were not the result of some 14 independent research or review that you accomplished? 15 A None ofmy own. 16 Q So these documents that you have reviewed 17 in preparation for your testimony today constitute 18 materials that the Alcoa attorneys determined they 19 wished foryou to review? 20 A Yes, at least in p art 21 Q And there may well be, to the best ofyour 22 knowledge, other significant documents contained in 23 the Alcoa files that you have not had an opportunity 24 to review? 25 A I have no way ofknowing one way or the Page 11 1 other. 2 Q Okay. It's certainly a possibility, isn't 3 i t Mr. Bonny, that there are other significant 4 documents that you have not had an opportunity to 5 review? 6 A Something like th a t 1am sure I couldn't 7 be a hundred percent sure of anything, but none to my 8 knowledge. 9 Q What was the stated or understood purpose 10 for your review ofthese documents and your 11 involvement in this case? 12 A Just to be familiar with the circumstances 13 around this case. 14 Q Do you feel that as a result ofyour review 15 of the documents you are familiar with those 16 circumstances? 17 A I am much more familiar. I refreshed my 18 memory on it, yes. 19 Q Well, what I suggest we do is at some point 20 in time, when we take a break, try to sift through 21 these. Some ofthem I am sure I already have; some of 22 them, I don't, and we can speed up the process that 23 way. 24 Where were you born, sir? 25 A In Brooklyn, New York. Thomas B. Bonney; February 25,1998 Page 12 1 Q And how long did you live in Brooklyn, 2 New York? 3 A Oh, ten, 15 years, perhaps. 4 Q And where did you move at that time? 5 A That's why my hesitancy. I moved quite a 6 bit. 7 Q Okay. Let me see if we can make it 8 easier. Where were you livingwhen you were in the 9 age range, 18,19? 10 A Back in New York on Long Island. 11 Q Did you graduate from high school? 12 AYes. 13 Q What year did you graduate from high 14 school? 15 A 1940. 16 Q And what did you do subsequent to that? 17 A I worked shortly in a research laboratory 18 as a chemical assistant and went to a year of college, 19 then entered the military, finished up my college at 20 Bucknell University, '48. 21 Q 1948 you graduated from Bucknell? 22 AYes. 23 Q And what was your degree in? 24 A Bachelor of science in chemistry. 25 Q In your training, your educational Page 13 1 background, did you receive or did you learn any 2 information concerning asbestos? 3 A I beg your pardon? 4 Q Yes. During your time at the university, 5 did you learn anything about asbestos? 6 A No. Nothing. 7 Q And in 1948, did you go to work for Alcoa? 8 AYes, I did. 9 Q In Pittsburgh? 10 A in New Kensington outside of Pittsburgh. 11 Q Is there a plant located there? 12 A There is a research laboratory. 13 Q Research lab. And what was your title or 14 position? 15 A I was an industrial hygiene chemist. 16 Q And if you will, state for me what you 17 recall generally your duties and responsibilities to 18 have been. 19 A My responsibilities were primarily 20 analyzing samples collected for the evaluation of 21 exposures in Alcoa plants, and I did collect samples, 22 as well. 23 Q Did that include dust samples? 24 AYes. 25 Q Did that include dust that contained W hatley vs. Alcoa Page 14 1 asbestos? 2 A I don't recall asbestos being involved at 3 all. 4 Q Okay. When is your first recollection of 5 Alcoa analyzing or testing dust samples for the 6 presence of asbestos? 7 A I don't believe we did test for --air 8 samples for asbestos until probably in the late '60's 9 or the '70's, but we did evaluate the environment 10 wherever asbestos was used. 11 Q All right. So the time frame in which you 12 would have first begun to complete air sampling for 13 the presence ofasbestos to determine the levels of 14 asbestos would have been roughly the time OSHA came 15 out? 16 A Prior to and after, yes. We had --a 17 method was developed by that time for specifically 18 measuring asbestos fibers. 19 Q For measuring asbestos fibers. Did you 20 become familiar with the midget impinger back in 1948, 21 or thereabouts? 22 A Oh, yes, very much so. 23 Q And you were familiar with measuring the 24 total dust, for example, in the work environment? 25 AYes, I was. Page 15 1 Q Did you become familiar at that time with 2 the threshhold limit values for a number of materials, 3 dust, et cetera, that had been put together by the 4 American Conference of Governmental and Industrial 5 Hygienists, the ACGIH? 6 A Yes, I was very familiar with them. 7 Q Did you learn about that in school or did 8 you learn about that when you first got to Alcoa? 9 A I learned about that when I was employed by 10 Alcoa. 11 Q Just to be clear, am I correct that from 12 1948 until, as you stated earlier, the late '60's or 13 early '70's, you recall sampling being done for dust 14 generally but not specifically with respect to 15 asbestos; is that correct? 16 A Unless there happened to be asbestos in 17 some ofthe collected dust. 18 Q Okay. Go ahead. I am sorry. 19 A But we had, in that time frame, had not 20 seen any areas of concern to us as being a health 21 hazard with asbestos. 22 Q Let me object to the non-responsive portion 23 ofyour answer. From time to time, I will to have do 24 that. Please don't take it personally. And from time 25 to time, I am sure they will make objections to some Patfp 19 . Parro 1K mncnoTTyrTM W hatley vs. Alcoa Page 16 1 of my questions. 2 So for what period oftime did you continue 3 to work in the research laboratory? 4 A Perhaps ten years. 5 Q Till sometime in the late 1950's, can we 6 say? 7 A Yes. Mid, late. 8 Q And during that time frame, did you 9 continue to he designated as an industrial 10 hygienist/chemist? 11 A When I moved to Pittsburgh, I was an 12 industrial hygienist, classified as industrial 13 hygienist. 14 Q But during the remainder ofyour time at 15 the research laboratory in New Kensington, you were an 16 industrial hygienist and a chemist, so to speak; is 17 that correct? 18 A Yes, yes. 19 Q And let's talk a little bit about the 20 laboratory. Can you help give me a sense ofwhen that 21 operation was first put into place by Alcoa? 22 A Probably in 1946 or '47. 23 Q Shortly before your arrival? 24 AYes. 25 Q Were there other industrial hygienists Thom as B. B onney; F eb ru ary 25,1998 Page 18 1 AYes. 2 Q And that continued to be the case for many 3 years; did it not? 4 AYes, it did. 5 Q And I assume that you understood that the 6 threshold limit values on not just asbestos, but on a 7 variety of substances and dusts and fumes and gases, 8 and things ofthat nature, were set up by the ACGIH 9 because ofa concern that exposures over a certain 10 level to these items could be hazardous to the health 11 of humans? 12 A They might be a health hazard. They might. 13 be a nuisance, as well. 14 Q Am I correct that the threshold limit 15 values were established with the thought in mind of 16 avoiding injury to employees by keeping levels of 17 exposure below a certain number, a certain threshold, 18 ifyou will? 19 A That was the purpose of establishing those 20 limits. 21 Q And am I correct, sir, that as ofyour 22 arrival in 1948, anyway, Alcoa was fully cognizant and 23 aware ofthe threshold limit values established by the 24 ACGIH not just for asbestos but for some other items, 25 as well? Page 17 1 employed at that facility? 2 MR. WALKER: When he was there? 3 MR. WATERS: Yes. 4 MR. WALKER: Your entire time period there, 5 during your entire time period there is what he 6 was asking. 7 A Yes, at the research lab, my supervisor was 8 there, and he came in in 1945, and there was, I think, 9 a chemist before myself, a few months. 10 Q What was your supervisor's name? 11 A Lester Cralley. 12 Q Was Mr. Cralley also a medical doctor? 13 A No, he was not. Hygiene toxicology. 14 Q What was Mr. Cralley's background? Had he 15 been an industrial hygienist for some time? 16 AYes, he had. He was with the public health 17 service during the war. 18 Q Sometime after you arrived in 1948, 19 Mr. Bonney, did you become aware that the threshhold 20 limit values included a listing for asbestos, 21 asbestos ~ dust containing asbestos? 22 A Yes, I was aware of th at 23 Q And were you aware that the limit set for 24 dust containing asbestos was five million particles 25 per cubic foot? Page 19 1 A Yes, we were aware. As a matter offact 2 we use them as our limits. 3 Q And did you understand, sir, that in fact 4 those limits and those values had the force of law in 5 some states? 6 A They may have, but I really don't recall. 7 Q Well, let me ask you a couple of 8 specifics. Were you aware, for example, sir, that the 9 threshold limit values had been adopted as state law 10 in the State of Pennsylvania? 11 MR. WALKER: In '48? 12 Q Before '48? 13 A No, I don't recall that. 14 Q No specific recall of that? 15 A No. 16 Q What about the State of Ohio? 17 A No. I really have no recall of any 18 specific state. 19 Q All right. But you were generally aware 20 that these values had been adopted by some states at 21 some periods in time? 22 A No, Ijust don't remember that they were. 23 Q Now, at some point in time, sir, did you 24 become certified as an industrial hygienist, a 25 certified industrial hygienist? // Thom as B. Bonney; F e b ru a ry 25, 1998____________ ___________ __________________________ W hatley vs. A lcoa Page 20 Page 22 1 \ Yes, I was certified. 2 QWhen did that take place, approximately? 3 AI don't know, exactly, but I think it may 4 mve been around 1965, or something. 5 Q As of 1948, besides yourself and 6 Mr. Cralley, how many other persons were employed by 7 Alcoa that had the job description or the designation 8 ofan industrial hygienist? 9 A Well, for a number ofyears, we were the 10 only ones, but when I moved to Pittsburgh, somebody 11 filled my place in the lab, so there were three. 12 Q By the mid '50's? 13 AM id'50's. 14 Q And did Alcoa - at what point in time -- 15 strike that. 16 At some point in time, did Alcoa form an 17 industrial hygiene department, per se? 18 A Well, I guess we always considered 19 ourselves a department or division, however small we 20 might have been. 21 Q And that would be true that there was 22 you considered yourself an industrial hygiene 23 department as early as 1948? 24 A Yes. 25 Q Am I correct, sir, that at the time ofyour 1 A The late '40's, in our group, are you 2 saying in Alcoa headquarters? 3 QYes, sir. 4 A There was the one, the medical director. 5 Q And what was his name? 6 A I have a block. 7 Q That's okay. We'll come back to it. 8 A Dr. Irvin. Dudley Irwin. 9 Q E-r-w-i-n? 10 Al-r-w-i-n. 11 Q And Dr. Irwin was the medical director in 12 that time frame? 13 A Yes. 14 Q And is it your recollection or 15 understanding that Dr. Irwin had responsibility for 16 all medical aspects of Alcoa's operation including 17 dealing with the local plant doctors at the various 18 facilities? 19 A Yes. He provided medical resource as we 20 provided an industrial hygiene resource to the plants, 21 but to be responsible for the plant activity, I am not 22 sure you could say that. 23 Q Am I correct that an important aspect of 24 your work as an industrial hygienist in that time 25 frame would have had to do with occupational injuries Page 21 1 arrival in 1948 there was also a medical department? 2 A Yes. The medical department was 3 established before Dr. Cralley, before 1945, and we 4 reported to medical. 5 Q So the industrial hygiene department 6 reported to the medical department? 7 A Yes. 8 Q And in particular - well, can you tell me, 9 as of 1948, approximately how many MD's or physicians 10 were employed by Alcoa and the medical department? 11 A It's hard for me to say. I think it was a 12 gradual accumulation. 13 Q Give me a range, if you can. Five, ten 14 physicians in that time frame? 15 A Well, no, they had at least part time 16 physicians assisting the plants. 17 Q Okay. 18 A But to give you a good, solid number, I 19 just couldn't at the time. 20 Q For the moment, let's just put aside the 21 physicians who may have worked at the plant level at 22 various facilities around the country. I am 23 interested particularly in the medical personnel that 24 were employed either on a consulting or full time 25 basis in the Pittsburgh area in the late 1940's. Page 23 1 or occupational diseases, exposures, things ofthat 2 nature? 3 A It would not be with occupational injuries. 4 Safety would take care ofthat, but occupational 5 diseases was certainly our responsibility, and we 6 would be aware ofthose. 7 Q And did Dr. Irwin have some degree of 8 specialization in occupational diseases? 9 A In some, I think, restricted capacity, yes, 10 he did. 11 Q What is the field of industrial hygiene, 12 sir? What did that mean to you when you began working 13 in 1948? 14 A Well, it would be recognition, the 15 evaluation and control of potentially harmful 16 exposures, environmental exposures. 17 Q Did you and Mr. Cralley and the industrial 18 hygiene department make efforts to review and keep up 19 with medical and scientific literature concerning 20 occupational hazards? 21 A Yes, we did. That was one of our 22 responsibilities that we felt was our responsibility. 23 Q And do you feel, looking back on it, that 24 you were generally able to keep abreast with the 25 evolving literature on occupational diseases, P age 20 P age 23 ECOSCRIPTTM ( Cl f o w n ir n fio n Tno 1QQ7 W hatley vs. Alcoa Page 24 1 occupational hazards? 2 A Yes. I think we did a fairly reasonable 3 job. 4 Q And did you, in fact, either independently 5 or through the medical department, subscribe to a 6 significant number of scientific and medicaljournals 7 in order to attempt to keep up with that literature? 8 A Yes, we did. 9 Q Were you in the habit of circulating 10 articles, one to the other, for example, would 11 Dr. Irwin perhaps, see a significant article or a 12 journal that had several significant articles and 13 forward it on to you for reviewjust to make sure that 14 you were aware of it, something ofthat nature? 15 A Yes. There was good communication in both 16 directions between Dr. Irwin and ourselves. 17 Q All right, sir. 18 Would you say, sir, that it was in the late 19 1940's that as a result ofyour work at Alcoa, you 20 became aware that asbestos was one ofthe substances 21 on the threshold limit value list? 22 A Yes. We knew it was on the TLV list, yes. 23 Q Did you come to understand, at least in 24 part, as a result ofthat, that asbestos exposures 25 could potentially be hazardous to the health of Thom as B. Bonney; F eb ru ary 25,1998 Page 26 1 previously, during the early 1940's, about the hazards 2 of asbestos, potential hazards of asbestos, excuse 3 me? 4 MR. WALKER: I object. It calls for 5 speculation what is in Mr. Cralley's mind, unless 6 you know how he came to learn these things. 7 MR. WATERS: Well, I am not asking how Mr. 8 Cralley may have come to learn these things, I am 9 more interested in your recollection as to what 10 he did know, would have known. 11 A I am really speculating that he knew it was 12 on the special limitation list, but there is no way of 13 knowing if he knew every one, every item there. 14 Q As you sit here today, do you recall having 15 any specific conversation with anyone, in the time 16 frame from 1948 until when you went to Pittsburgh in 17 the middle or late '50's, concerning the hazards of 18 asbestos? 19 A I don't recall any specific instance, no. 20 Q Would you agrees with me that in that time 21 frame, asbestos was, from your vantage point, a low 22 priority item? 23 A At that particular time, yes. 24 Q How did your duties and responsibilities 25 change when you became an industrial hygienist working Page 25 1 individuals? 2 A We were aware ofthat, but it appeared it 3 was not a very potent contaminant especially as it was 4 used in our Alcoa plants. We didn't think it was a 5 high priority item at that particular time. 6 Q Let me object to the nonresponsive portion. 7 Just to clarify, in the time frame 1948 to 8 1950, as a result ofyour employment with Alcoa, you 9 became aware that asbestos was a potentially hazardous 10 substance or could be under certain circumstances; is 11 that a fair statement? 12 A Under certain circumstances, yes. 13 Q Now, did it become apparent to you that 14 Alcoa and, in particular, Mr. Cralley would have been 15 aware of that fact before your arrival in 1948, by 16 virtue of asbestos being one ofthe substances 17 regulated by the threshold limit values? 18 A Were you asking if Dr. Cralley was aware -- 19 QYes. 20 A - before I came? 21 Q Yes, sir. 22 A Yes. He would have been. 23 Q And you know that because Dr.Cralley's 24 involvement with the public health service during 25 World War II, he would have learned, if not Page 27 1 in Pittsburgh in the mid to late 1950's? 2 A It changed in that the emphasis went from 3 analyzing to the collection of samples and general 4 administration over the total program. 5 Q Okay. And for how long a period were you 6 in that position as an industrial hygienist starting 7 in the mid to late '50's? 8 A It might have been another ten years, 9 eight, ten years. 10 Q Sometime in the mid to late 1960's? 11 Give or take? 12 A Mid '60's, perhaps. 13 Q Did you actually travel to the work sites 14 or to the various plants to perform sampling 15 operations in that capacity? 16 A Yes, that was part of myjob. 17 Q And in doing so, did you utilize the midget 18 impinger technology for sampling dust? 19 A Yes. I had used that on numerous 20 occasions. 21 Q Am I correct from your earlier testimony 22 that at no time, from the mid to late '50's up until 23 the mid '60's, were you actually sampling because of a 24 concern about asbestos dust, or dust containing 25 asbestos? Thom as B. B onney; F e b ru a ry 25,1998___________________________________________________W hatley vs. Alcoa Page 28 Page 30 1 A.I do not recall any specific instance 2 because ofthe low priority asbestos had. 3 Q Now, at some point in time, sir, am I 4 correct that Alcoa generally and yourself 5 individually, came to recognize asbestos as being an 6 extremely hazardous or toxic substance? 7 A As time went on, we did realize that the 8 hazard was different than we had first thought 9 originally, but that took some time before we got the 10 full realization. 11 Q Let me object to the non-responsive 12 portion. 13 Let's talk about 1986, the year that you 14 retired. As ofthat date, Mr. Bonney, were you aware 15 that asbestos could cause significant disease 16 processes, including cancer? 17 A Yes, I was aware ofthat. 18 Q You were aware that asbestos diseases could 19 cause death? 20 AYes, they could. 21 Q You would agree with me that you became 22 aware that asbestos was a toxic substance? 23 A We may be getting semantics here, but we 24 always regarded almost any material as toxic, just 25 different materials have different degrees of 1 which we used it. 2 Q Objection, non-responsive. 3 One more time. Am I correct that in the 4 early 1940's -- strike that. I am getting myself 5 confused. 6 In the late 1940's early 1950's, Alcoa... 7 recognized that asbestos.could be a toxic substance; 8 fair enough? 9 M R WALKER: I object. Asked and answered, 10 but you can go ahead and answer it. 11 AYes, we knew that, but our concerns were 12 strictly with fibrosis. 13 Q I will object to the non-responsive 14 portion, but I think you have answered my question. 15 Certainly you would agree with me that as 16 ofthe time ofyour departure from Alcoa, you 17 understood and recognized that asbestos could be an 18 extremely hazardous substance? 19 AYes. It could be. 20 Q And, again, going back to the time frame, 21 late 1940's, early 195Q's, you recognized that 22 asbestos could be a hazardous substance, not that it 23 was in every instance, but that it could be? 24 A It could be. 25 Q And you mentioned that in the time frame, Page 29 1 toxicily. 2 Q Okay. Well, and in that vein, with respect 3 to asbestos being a toxic substance, would your 4 knowledge that asbestos was toxic or potentially toxic 5 have gone back to the 1940's and 1950's time frame? 6 A In the 1940's, '50's, we would have rated 7 it as a relatively low toxicity and also on the basis 8 ofthe manner in which we used it as a low risk. 9 Q Objection to the non-responsive portion. 10 Regardless ofthe level oftoxicity, sir, 11 would you agree with me that Alcoa recognized in the 12 late '40's, early '50's, anyway, that asbestos could 13 be a toxic substance? 14 MR. WALKER Regardless ofthe level? 15 M R WATERS: Correct. 16 A No, I wouldn't agree regardless of the 17 level. One needs an exposure and dose before it 18 becomes toxic. 19 Q Let me object as non-responsive. 20 My question is, sir, if you recognized, 21 late '40's or 1950's -- Alcoa recognized that asbestos 22 could be a toxic substance, not that it was in every 23 instance, but that it could be, that was one of the 24 reasons it was included on the TLV list? 25 A It could be, but we felt not in a manner in Page 31 1 late 1940's, early 1950's, you were aware that 2 asbestos could cause fibrosis, and by that, you mean 3 scarring ofthe inside ofthe lungs; is that correct? 4 A That's right. 5 Q And am I correct, sir, that you also knew, 6 at that time, that fibrosis or scarring, that's the 7 same thing as asbestosis, isn't it, if it's caused by 8 asbestos? 9 A If it's caused by asbestos, yes, it would 10 be. 11 Q You also recognized, did you not, sir, from 12 the literature that was available, that asbestosis, 13 this scarring of the lungs, was a progressive disease, 14 that is to say, it worsened over time? 15 AI am not sure I heard that last comment. 16 Q I am going to get her to read the question 17 back. I won't be able to repeat it exactly the same. 18 (Record read.) 19 M R WALKER Andy, that was the late '40's 20 early '50's time frame? 21 M R WATERS: Yes, same time frame. 22 A I am not sure I still have it. It wasn't 23 over time? My hearing has a little bit to be desired. 24 QI appreciate you telling me that, and by 25 all means, if for some reason you don't properly hear P age 28 - P ag e 31 FP.O SP.RTPTTM / m 0 4 --- W hatley vs. Alcoa Page 32 1 my question, let me repeat it. 2 Same time frame, late 1940's, early 1950's, 3 you indicated earlier that Alcoa recognized that 4 asbestos could cause scarring or fibrosis, which we 5 know is the same as asbestosis; correct? 6 AYes. 7 Q In that same time frame, were you aware 8 that this asbestosis, this scarring ofthe lungs, was 9 a progressive disease, that is to say, it worsened 10 overtime? 11 A I don't think I was aware that it was a 12 progressive disease, no. 13 Q You would have been aware, I presume, that 14 asbestosis, this scarring of the lungs, could be 15 significant enough in some cases to lead to death? 16 A I can't recall a specific recognition of 17 that. 18 Q Okay. Do you recall considering that 19 asbestosis was a significant industrial disease caused 20 by exposure to asbestos? 21 A It was a significant disease caused by 22 asbestos. It seemed confined to the mining, milling 23 and the textile area. 24 Q Let me object to the non-responsive latter 25 portion ofyour answer. Thom as B. Bonney; F eb ru ary 25,1998 Page 34 1 recall that in the early 1950's, there were case 2 reports and studies linking asbestos to lung cancer? 3 A No, I can't remember any. 4 Q Now, you are not stating to this jury that 5 those types of articles and case reports didn't 6 exist; you are just stating that, as you sit here, you 7 cannot recall them based on hindsight; is that a fair 8 statement? 9 A I know that they existed, but they were not 10 conclusively shown to be associated with asbestos. 11 Q Okay. To try to clarify that, again, we 12 are talking about the late 1940's, early 1950's, what 13 you are telling us is that you recall that there were 14 some articles in the literature, but that the link 15 between asbestos and lung cancer at that time was 16 inconclusive; is that a fair statement? 17 A I am aware ofthem today, of existing 18 today, but I am not sure I was aware ofthose isolated 19 studies existing back in the '40's, '50's. 20 Q How is it that you are aware today of the 21 studies that existed back in the '40's and '50's, but 22 you don't --how is it that you are aware of those 23 today? 24 A As we perceived asbestos being a - of more 25 concern than it was in the past in reviewing Page 33 1 You were aware - you are aware today, I 2 presume, that asbestos exposure can cause various 3 carcinomas or cancers, malignancies? 4 A Lung cancer and mesothelioma I am aware of, 5 yes, sir. 6 Q Are you also aware that various 7 gastrointestinal cancers can be caused by exposure to 8 asbestos? 9 A I don't remember that. 10 Q Now, in all the documents that were 11 provided to you, by Alcoa, did they include any of the 12 medical journals or scientific industrial hygiene 13 journals that you would have reviewed in the late 14 1940's on into the 1950's? 15 A I don't recall seeing anything on that. 16 Q Did Alcoa provide you any documentation 17 that pertained to Alcoa's understanding, in the 18 1950's, ofthe diseases that asbestos can cause? 19 A Did Alcoa --are you referring to through 20 the attorneys, or what? 21 Q Yes, through the attorneys. 22 A No, I don't recall any documents ofthat 23 nature. 24 Q Without an opportunity to review any 25 documents, as you sit here today, Mr. Bonney, do you Page 35 1 literature, we saw more ofthose isolated studies. 2 Q Okay. In the context ofyour continuous 3 education about the hazards of asbestos, do you recall 4 in the 1960's that articles began to be published, 5 case reports began to be published concerning the fact 6 that very small or remote exposures to asbestos could 7 cause cancer? 8 A I don't remember the small exposures being 9 a cause of disease, no. 10 Q But you have stated earlier, you advised 11 the jury that you recall there were some articles 12 concerning housewives who developed mesothelioma or 13 asbestos cancer whose only known exposure was washing 14 their husband's clothes coming home from the 15 workplace, do you recall that? 16 A Well, I only really recall what you have 17 said here. I don't know that I ever remember that 18 there was a direct correlation between exposure and 19 the disease, at that particular time. 20 Q Okay. You recall that there were articles 21 that discussed the development of asbestos cancer in 22 individuals ofthat nature, but you do not recall that 23 there was a specific link made between the exposure -24 the asbestos exposure and the disease; is that what 25 you are telling us? Thom as B. Bonney; F ebruary 25,1998 Page 36 ___ 1 AI guess, yes. 2 Q Fair enough. 3 Will you agree with me, sir, that Alcoa is 4 both -- was both legally and morally required to 5 followthe threshold limit values that were set forth 6 by the ACGEH? 7 MR. WALKER; Excuse me. I am going to 8 object It calls for a legal conclusion, 9 speculation, does not fall within the province of 10 the juiy in this particular case, and you can go 11 ahead and answer but what time period? 12 MR. WATERS; Just generally. 13 MR. WALKER; Just in general. 14 A I don't know that I can agree to th a t We 15 certainly were morally responsible for our employees 16 but not for specifically accepting the TLV list in 17 toto, but we did use i t 18 Q Let's break that down and try to make it a 19 little bit simpler. What you are saying is that as an 20 employer, Alcoa has alway had a moral responsibility 21 to safeguard the workplace so that its employees don't 22 become ill or die as a result ofworkplace hazards; is 23 that a fair statement? 24 A Yes. 25 Q With respect to Alcoa's legal obligations, W hatley vs. Alcoa Page 38 1 regulations or legal requirements there were 2 concerning workplace hazards? 3 A Yes. 4 Q And I take it from your response that there 5 was not anyone that you are aware ofat corporate 6 headquarters who had some kind of overwhelming 7 responsibility to insure that Alcoa was following the 8 law in whatever states it may have been operating? 9 A Well, it was overall responsibility for us 10 to see that all of the plants were following our 11 guideline or TLV's, ifyou will, but if there was some 12 special provisions ofthe state, we would not know 13 that, and it would be up to the plant to know that and 14 enforce. 15 Q Certainly you will agree with me that 16 Alcoa, whether on the national level or on the local 17 level, has an absolute obligation to both know and 18 followwhatever legal requirements there are in that 19 particular state? 20 MR. WALKER; I object, calls for a legal 21 conclusion. 22 A I don't know that. 23 Q Can you think of any circumstances under 24 which Alcoa personnel should not follow state laws or 25 regulations concerning the health and safety of its Page 37 Page 39 1 do you believe that Alcoa had a legal obligation, at 2 any point in time, to enforce the threshold limit 3 values that were promulgated by the ACGIH? 4 A I think you're out of my field. 5 MR. WALKER; Ifyou can't answer it, just 6 say you can't answer it. 7 A No. 8 Q You can't answ er th e question? 9 A No. 10 Q Who at Alcoa in the 1950's would have been 11 responsible for understanding state laws or 12 regulations that concerned hazards in the workplace in 13 the various states where Alcoa had its operations? 14 A Generally, it would be the plant people 15 who have the local responsibility. 16 Q So, for example, in Texas or at the 17 Rockdale facility, it would have been the 18 responsibility of senior personnel at the plant to 19 both understand and follow Texas law and regulations 20 concerning workplace safety and health? 21 A Yes. 22 Q And, for example, at the Point Comfort 23 plant, in Texas, it would have been the responsibility 24 in the 1950's ofthe senior plant personnel to both 25 know and understand and implement whatever state 1 workers? 2 A We would have to conform with whatever 3 regulations exist locally. 4 Q Didn't Alcoa have a policy that its local 5 plant managers, senior personnel should understand and 6 adhere to state laws and regulations concerning safety 7 and health? 8 A I think that developed in relatively recent 9 times, but whether it existed in early times, I don't 10 know. 11 Q All right. And when you say, "recent 12 times," are you referring to the 1970's to the 13 present? 14 A Probably mid '70's to the present. 15 Q Prior to the recent times, as you use the 16 phrase, am I correct that you do not recall that Alcoa 17 had a policy requiring its local plants and facilities 18 to understand and follow state and local requirements; 19 you do not have a recollection that there was such a 20 policy in existence? 21 A I don't recall there was a specific policy, 22 but we advised our hygienists to become acquainted and 23 observe the local laws. 24 Q When did you first have industrial 25 hygienists actually stationed on site at Point Comfort P ag e 36 - P ag e 39 ECOSCRIPTTM (C\ + T-----l O O T W hatley vs. Alcoa Page 40 1 or at Rockdale, approximately? 2 A Well, they were not professional, 3 industrial hygienists, as such. They were 4 technologists, technicians, and they came in shortly 5 after the plant was opened. 6 Q In the early to mid 1950's? 7 A Yes, early '50's, I would say. 8 Q And are you telling the ladies and 9 gentlemen ofthis jury that those individuals on the 10 local level would have known and understood that they 11 were to follow whatever state laws or regulations 12 pertained to health and safety in the workplace? 13 A Certainly their supervisors were, yes. 14 Q Will you agree with me, sir, that since 15 your - strike that. 16 Will you agree with me that since 1948, 17 Alcoa's corporate policy generally has been to follow 18 whatever regulations or laws might apply to workplace 19 safely in its operations? 20 A Yes, would I say that. 21 Q And Alcoa has recognized since 1948 that 22 its performance should, at a minimum, adhere to the 23 legal requirements whether they be Texas requirements 24 or Pennsylvania requirements or federal requirements? 25 MR. WALKER: Same concerning occupational T hom as B. B onney; F e b ru a ry 25,1998 Page 42 1 Q But what you were not aware ofwas the 2 requirements found in particular state laws or 3 regulations? You were not aware ofthat at Pittsburgh 4 because you relied on the folks at the local level, ~ 5 the senior supervisory people locally to be 6 responsible for that; is that correct? 7 A Yes, we might be aware of a few state regs, 8 but in general, we relied on plant people. 9 MR. WALKER: And just you are talking 10 about the industrial hygiene department that he 11 was in when you talk about we and --okay. 12 BY MR. WATERS: 13 Q Is there any other department -- was there 14 any other department within Alcoa that would have had 15 any responsibility, whatsoever, for the Alcoa 16 personnel following state and local regulations 17 concerns hazards in the workplace? 18 For example, did the safety department have 19 some responsibility with respect to that? 20 A With following local regs? 21 Q Yes, sir. 22 a I can't answer that. 23 Q Is there any excuse you can think ofthat 24 would justify local plant personnel not following 25 regulations or laws that pertained to safety and Page 41 1 safely, concerning occupational safety? 2 A Yes, they had to follow the local 3 regulations. 4 Q And you, as a fairly senior professional in 5 the field of industrial health, you would have been 6 critical ofAlcoa employees in the event that they 7 ignored state or federal regulations, did not adhere 8 to those? 9 A Ifwe were aware ofthem, I suspect we 10 would, yes. 11 Q And that's a very important point, because 12 with you being up in Pittsburgh - well, let's see, 13 how many trips would you have made to Texas to those 14 two plants in the time frame from the late 1950's to 15 the mid 1960's, for example? 16 A That's tough to say. We like to visit 17 every plant once a year, but sometimes it would be a 18 matter of a couple years before we would get there. 19 Q And the point I am trying to make is you 20 could only be critical of operations on a local level 21 if you were actually aware that they were violating 22 state or local regulations concerning hazards; 23 correct? 24 A Yes. And, in general, we were aware of 25 what they were doing in regular reports. Page 43 1 health? 2 A First they have to be aware ofthem. 3 Q In your view, sir, is it an excuse for not 4 following the law to say that we were not aware of it? 5 A That's difficult. An excuse? 6 MR. WALKER: I am going to go ahead and 7 object. It calls for a legal conclusion, 8 obviously. 9 Q You can answer, sir. 10 MR. WALKER: Well, I am going to ask for 11 more clarification. A legal excuse? What type 12 of excuse are you talking about? 13 MR. WATERS: Any type of excuse. I am 14 curious just to see what type of excuse he might 15 come up with, if any. 16 A A concern would be mainly that they 17 followed the guidelines that we set and -- 18 Q Okay. But you have told us and you have 19 told this jury already that you would be critical of 20 the local plant operation if they were not adhering to 21 or not following the requirements set forth in that 22 state; do you recall that? 23 A If they were aware of it. 24 Q Okay. And is there any reason you can 25 think of that Alcoa personnel should not be aware or Thom as B. Bonney; F ebruary 25,1998 Page 44 1 would not be aware oflaws or regulations on the books 2 of a particular state? 3 A Sometimes you have to dig hard to find 4 them. It's not publicized. 5 Q And you would agree with me, I am sure, 6 that Alcoa certainly has had and does have the 7 resources to be familiar with whatever state laws may 8 exist in whatever state they perform operations? 9 A I don't know that they do. 10 Q In the 1950's, any reason you can think of 11 that Alcoa personnel in Texas or any other state 12 shouldn't have been aware ofwhat laws were on the 13 books? 14 A Again, in the industrial hygiene area, I am 15 not sure that you could always find those 16 regulations. They were not, as I say, publicized. 17 Q Well, will you agree with me, sir, that an 18 employer has a duty and an obligation both legally and 19 morally to be fully aware ofwhatever laws or 20 regulations applied to its operations? 21 MR. WALKER: I object, (ills for a legal 22 conclusion. 23 A From my area, I don't think I can answer 24 th at 25 Q Well, in your operation, sir, didn't you Whatley vs. Alcoa Page 46 1 A Close to it. 2 Q Would you agree with me, sir, that the 3 person driving a car has an obligation to know what 4 the speed limit is and to follow that, and by so doing _ 5 result - reduce the chances of an injury or accident? 6 A We would have a legal responsibility. 7 Q Anything different about a corporation's 8 responsibilities under the law, to know the law and 9 make sure that they adhere to it? Anything special 10 about Alcoa that they don't have to follow the law? 11 MR. WALKER: Again, calls for a legal 12 conclusion. 13 A The legal area is not my forte, and I just 14 don't know that I can answer questions like that. 15 Q Sir, my question is, if you can think of 16 any reason why Alcoa was not and is not responsible to 17 both know and follow the law, and if you can't think 18 ofany such reason then you need to tell this jury, 19 because I sure can't think of one. 20 MR. WALKER: Object as argumentative. 21 A I just don't know any legal ramifications. 22 All I know is that we do have a moral responsibility 23 to protect our employees and certainly obey the law 24 and be aware ofit, ifwe can, but we are not always 25 aware of some ofthe regulations that have been Page 45 1 attempt to have Alcoa follow the law, understand and 2 followthe law? 3 A Our primary thrust was to protect our 4 employees, and normally, doing that you are following 5 the law. 6 Q Okay. So'as long as Alcoa felt it was 7 protecting the employees, it didn't matter whether or 8 not they were following the law? 9 MR. WALKER: I am going to object as being 10 argumentative. 11 MR. WATERS: You can answer. 12 MR. WALKER: And calls for a legal 13 conclusion. 14 A I think I would have to be wearing a legal 15 hat before I could answer that question. 16 Q Well, you follow the law in your daily 17 life, don't you, sir? 18 A Most ofthem. 19 Q We attempt to do so, yes, and in driving 20 or, did you drive to come to this deposition this 21 morning? 22 A Yes, I did. 23 Q Did you follow the law in terms of speed 24 limit, posted speed limit? Or did you come close to 25 it, let's put it that way? Page 47 1 applied to us. 2 Q Okay. Are you telling this jury that 3 let's wait and see what we go here. Just to be clear, 4 sir, are you telling the jury that Alcoa did not have 5 an obligation to do whatever was necessary to 6 determine what the laws were that applied to its 7 operations? 8 MR. WALKER: I object to the form ofthe 9 question. The premise is not correct, and I 10 don't think he said that. 11 Q Do you need the question read back? 12 A Yes, please do that. 13 (Record read.) 14 MR. WALKER: Again, calls for a legal 15 conclusion. 16 A The only thing I can speculate is that they 17 should do what is reasonable to become acquainted with 18 the local regulations and to follow them. 19 Q Then would you agree with me, sir, that an 20 employer like Alcoa, which is a large and 21 sophisticated company, is in a much better position to 22 know and understand and follow the law than would be 23 an individual employee such as Mr. Glenn Whatley or 24 Mr. Jacinto Ramirez? 25 A I can speak in our particular area that the Page 44 - Page 47 ECOfiCRTPTTM <r\O f -- ,, r -- 1007 W hatley vs. Alcoa Page 48 1 health and safety regulations, we would probably be in 2 a better position. 3 Q And you would agree with me that it is 4 appropriate, is it not, sir, for the responsibility to 5 rest with Alcoa as opposed to the individual workers 6 to both know, understand and follow the law? 7 You would consider that appropriate, 8 wouldn't you? 9 A Yes, I would. 10 Q I mean, you would hardly expect for 11 Mr. Whatley to, in the 1950's or 1960's, to drive to 12 Austin, Texas and complete research at the state 13 capital to determine ifthere were any regulations 14 that might affect his work; you wouldn't expect that, 15 would you? 16 A I would not expect it, no. 17 Q But you would expect that Alcoa senior 18 personnel, with industrial hygiene backgrounds, with 19 safety backgrounds, with legal backgrounds, would be 20 in a position to ascertain in Austin, or wherever 21 else, what laws and regulations apply to their work at 22 Rockdale and at Point Comfort? 23 A They would do that only ifthey thought 24 such laws, regulations existed. 25 Q Have you ever heard the phrase "Ignorance Thom as B. Bonney; F ebruary 25,1998 Page 50 1 non-responsive. 2 A They have to -- they should know the local 3 and adhere to the local regulations, certainly. 4 Q Are you aware of or do you recall any 5 efforts made by Alcoa personnel to determine what 6 safety rules or regulations applied to the workplace 7 at either the Rockdale or Point Comfort plants? 8 A Are you talking about local, state, or 9 what? 10 QYes. 11 A No, I was not aware of any. 12 Q Will you agree with me, sir, that one of 13 the considerations that you, as a corporate industrial 14 hygienist had to take into consideration was the cost 15 of some ofthe safety measures that might be suggested 16 or called for? 17 A Costwas something that we as hygienists 18 did not look closely at. The main thing was to '* 19 protect the health of the employer, and if it required 20 a costly control, then so be it. 21 Q Objection, non-responsive. 22 My question particularly, sir, was if cost 23 was one ofthe considerations that you as a corporate 24 industrial hygienist had to take into account? 25 MR. WALKER: Never mind, you can answer it. Page 49 1 ofthe law is no excuse"? 2 AYes. 3 Q Okay. Do you agree with that phrase, sir? 4 A No, I am not sure I would agree, with all 5 the laws we have to look at today. 6 Q Okay. Is that Alcoa's policy, sir, do they 7 agree that ignorance ofthe law is no excuse? 8 A I can't speak for Alcoa collectively. 9 Q But what you are telling this jury is that 10 Alcoa didn't have an obligation to understand the 11 rules and regulations that applied to the safety of 12 Texas citizens when Alcoa decided to open plants in 13 the State of Texas? Is that what you are telling this 14 jury, or did I misunderstand you? 15 A No, I am not telling you that. Alcoa has 16 an obligation to protect the health of its employees. 17 Q That was not my question, sir. 18 Unresponsive. 19 Can you read that back, please? 20 (Record read.) 21 MR. WALKER: Are you risking that question 12 again? 23 MR. WATERS: Yes, I have asked him. 24 MR. WALKER: I am sorry. 25 MR, WATERS: The answer was Page 51 1 A It's something that we did not have to take 2 into account. 3 Q So it's your testimony, under oath, sir, 4 that costwas not a consideration, whatsoever, in 5 terms ofthe work that you did for Alcoa; is that your 6 testimony under oath? 7 MR. WALKER: I am going to object. The 8 proper predicate hadn't been laid. He answered 9 the last question whether cost was a factor in 10 making his determination as an industrial 11 hygienist, he said, "no." You are asking a 12 different question. Ifyou want to ask that 13 question, please ask that question. 14 Q I have asked, he can answer it. 15 MR. WALKER: Not frame it in the form of 16 some implication that he said that earlier. 17 MR. WATERS: You can read back the 18 question, ifyou don't mind. 19 (Record read.) 20 Q Was it a consideration or was it not? 21 A With my activity, I would say no, cost was 22 not a consideration. 23 Q So from 1948 until you retired, you do not 24 recall cost ever being an issue that you had to be 25 concerned about; is that your testimony? T hom as B. B onney; F e b ru a ry 25,1998 ______________________________________________ W h atley vs. Alcoa Page 52 ' Page 54 1 And I will be frank with you, there are 2 documents that I am going to show you in a little 3 while that are very much to the contrary, and that's 4 why I want to be sure you are sure when you state that 5 opinion. 6 MR. WALKER: Object. The question -- 7 proper predicate hasn't been laid, assumes facts 8 not in evidence. 9 A In my activity, in the best of my 10 knowledge, cost was not factor. 11 Q Okay. 12 MR. WALKER: Does anybody need to take a 13 break? 14 MR. WATERS: What is it? 11:35. We can 15 take a break. ' 16 THE VIDEOGRAPHER: We are offthe record. 17 The time is 11:35 am. 18 (Recess taken.) 19 THE VIDEOGRAPHER: We are back on the 20 record. The time is 11:44. 21 BY MR. WATERS: 22 Q All right, Mr. Bonney, we have just taken a 23 briefbreak, have we not, sir? 24 A Yes, we have. 25 Q By the by, am I correct, sir, that you are 1 charging Alcoa for the time spent helping them on this 2 case? 3 A $125 an hour. 4 Q Okay. And prior to this deposition, have 5 you sent them statements for the hours that you have 6 already put into this case? 7 A I have sent them a statement yes. 8 Q And that statement did that cover all the 9 time spent up until today or some previous period? 10 A Yes. It covered December to the middle of 11 this month. 12 Q December through the middle --December 13 1997 through the middle ofFebruary 1998? 14 AYes. 15 Q And how many hours did that indicate that 16 you had worked on this project for Alcoa to that 17 point? 18 A Maybe 12 hours. 19 Q 12 hours or so. 20 A I am just guessing on that. 21 Q So your total bill to Alcoa would have been 22 what about, at least through mid February, $1,500 23 something in that range? 24 AYes. 25 Q Do you maintain at your home, sir, any Page 53 Page 55 1 not personally represented in this matter by counsel? 2 A Yes, best of my knowledge. Maybe I ought 3 to let my attorneys answer that question. 4 Q You understand there are several gentlemen 5 here that are representing Alcoa's interests in this 6 matter? 7 M R. WALKER: Two. 8 AYes. 9 Q Am I correct that is there is no one here 10 representing your personal interest to the extent you 11 may have any in this matter? 12 A That's right. 13 Q I would like to ask you, sir, on how many 14 occasions have you physically met with attorneys for 15 Alcoa with respect to your testimony today? 16 A Maybe four or five times. 17 Q And that would be over the course ofthe 18 last six months? 19 AYes. 20 Q And am I correct, sir, that you have done 21 that, you have given freely ofyour own time, that is 22 to say, you are not charging Alcoa for the time you 23 are spending helping them on this case? 24 A No, I am charging Alcoa on my request. 25 Q All right And how much, sir, are you 1 training manuals that were used during your time at 2 Alcoa? 3 A No. 4 Q Do you maintain any textbooks or reference 5 guides at your home that you used or that you had 6 while you were at Alcoa? 7 A I might have a handful, not too many. 8 Q For example, old textbooks pertaining to 9 industrial hygiene that you may have had in your 10 possession for many years? 11 A Yes, a few ofthem. 12 Q Do you remember, for example, an industrial 13 hygiene textbook by Drinker & Hatch that was in use in 14 the early 1950's? 15 AYes. 16 Q Do you still have that in your possession? 17 A No, I don't have that. 18 Q Am I correct, sir, that the Drinker & Hatch 19 textbook that you recall from the early 1950's was 20 considered at the time to be sort of the state ofthe 21 art ofindustrial hygiene knowledge? 22 A It was probably the only one. 23 Q Objection to non-responsive. 24 Can you read the question back? 25 (Record read.) P age 52 - Page 55 K flO SP.R TPTTM J /(0 \ C 4- ----- K W hatley vs. Alcoa Page 56 1 A Well, I suspect it was as good as was 2 available at the time. 3 Q And it was certainly among materials that 4 you had at your disposal to rely upon? 5 A Yes. 6 Q And by the way, it's Drinker, D-r-i-n-k-e-r 7 and Hatch. 8 Do you recall, sir, that the Drinker & 9 Hatch textbook contained a either - it wasn't a 10 chapter but a subchapter concerning asbestos exposure 11 and carcinoma of the lung? 12 Do you happen to recall that? 13 A I don't remember that at all. 14 Q Certainly you would agree with that if that 15 information was contained in the 1950's Drinker & 16 Hatch textbook, that information was at least 17 available for you to review at that time? 18 A If it was, yes. If it was available, yes. 19 Q You have indicated that you may have some 20 old textbooks or other materials concerning industrial 21 hygiene at your home. Do you maintain those in the 22 form of a library? 23 Do you have them in boxes? How are they 24 maintained at the present time? 25 A I can answer that yes, a little bit of Thom as B. Bonney; F eb ru ary 25,1998 ______________________ Page 58 1 Q Are they copies ofthe books? 2 A There were-3 Q Oh, interesting, interesting. I always 4 learn something new. 5 All right. 6 MR. WALKER; Just for the record, that top 7 one might have been something you have at your 8 home, but it wasn't something that you took from 9 Alcoa? 10 THE WITNESS; Oh, I'm sorry. Yes, that's 11 right 12 MR. WATERS; We'll clarify that. 13 Q You provided me with two texts, one is the 14 United States Department of Health and Human Services 15 book entitled, "Occupational Respiratory Diseases." I 16 just want to show it to the jury. 17 Was this owned by you, personally, or how 18 did you come to be in possession of it? 19 A Yes. I learned ofits availability shortly 20 after I retired from Alcoa and made a request to 21 NIOSH, and they sent me a copy. 22 Q Okay. Bear with me. I have done something 23 horrible to my microphone. I am technically 24 incompetent. Thank you. 25 A And that is separate. Page 57 1 both. 2 Q Well, from time to time, I try to buy those 3 old textbooks, and they are very, very difficult, to 4 find, so you might want to put yours on the market at 5 somepoint in time. 6 Did you also maintain, sir, any notes or 7 other written materials that resulted from your work 8 at Alcoa over the years, any materials ofthat nature? 9 A No. If anything, it would be just personal 10 files. Per se, no, I would say no. 11 Q Personal files concerning your work at 12 Alcoa? 13 A On some subjects. 14 Q Okay. Did you make any effort prior to 15 this deposition to review those materials whether in 16 book selves or in boxes to determine if there were any 17 materials in there that discussed or related to your 18 involvement, understanding of the hazards of asbestos? 19 A The only ones were these that you have seen 20 before. The ones that were produced here. 21 Q These several boxes? 22 A Yep. Well, in the two volumes. There are 23 two books in there, as well. 24 Q Oh, there are? 25 A Yes. Page 59 1 Q All right. In addition, you have produced 2 a copy of"Industrial Hygiene Highlights" edited by 3 Lester Cralley at Alcoa, Louis Cralley at the United 4 States Public Health Service and George Clayton, and 5 how did you come into possession ofthis book? 6 A I was an author of one ofthe chapters, and 7 they gave me a complementary copy. 8 Q Were there a number ofAlcoa health and 9 safety professionals who were involved with the 10 research and publication of this particular text? 11 A No. As far as I know, Lester Cralley and 12 myselfwere the only ones. 13 Q I assume that Louis Cralley -- is he Lester 14 Cralley's brother? 15 A Twin brother, yes. 16 Q And this text was published in 1968? 17 A Yes. 18 Q With the exception of these two textbooks, 19 sir, are there any other? 20 A This other is an excerpt from the 21 documentation of the industrial - of ACGEH threshold 22 limit values relating to asbestos. 23 Q Okay. Let's just talk about books for a 24 second. Other than these two books, sir, are there 25 any other books that you have in your possession, Thom as B. Bonney; F e b ru a ry 25,1998__________________________________________________ W hatley vs. A lcoa Page 60 Page 62 1 presently, that pertain to industrial safety or -- and 2 n particular make reference to asbestos? 3 ANo. These are the only ones, and that's 4 why they are here. 5 Q Okay. And moving beyond that, let's --1 6 take it that there is a copy of each of these in 7 here? 8 MR. WALKER: No. No. 9 MR. WATERS: Okay. Fair enough. 10 MR. WALKER: He just brought that stack in. 11 MR. WATERS: I misunderstood. 12 Q Let's talk about other types ofwritten 13 materials that you may have in your possession. You 14 mentioned that you have some personal notes that are 15 from your time frame, ofyour employment time frame 16 with Alcoa? 17 A I don't know personal notes, but I have got 18 some other texts like "Industrial Ventilation and 19 "Petrography" and a few other weird and wonderful 20 things. 21 Q I may have misunderstood you earlier. I 22 thought you indicated that you believed that you had 23 some other documentation whether it he written notes 24 or other materials, not textbooks, that you still had 25 maintained at your home? 1 Q Then it talks about "Amajor impetus in 2 this renewed interest is the report by Doll showing an 3 increase oflung cancer in a group of asbestos textile 4 workers." Do you see that statement? 5 AYes. 6 Q Do you recall, sir, that the Doll study was 7 published in 1955? 8 A Yes. 9 MR. WALKER: Can we make reference to the 10 page just for the record? 11 MR. WATERS: Sure. I apologize. This is 12 at page 11 ofthe text. 13 Q And it refers to end note 16, ifyou will 14 followwith me, "Mortality from lung cancer in 15 asbestos workers in 1955 publication," do you see 16 that? 17 A Yes. 18 Q Do you recall, sir, that Alcoa received 19 that study at approximately the time it was published 20 in 1955? 21 A I can't say exact date, hut I know we 22 learned ofthat study early on. 23 Q And the "British Journal of Industrial 24 Medicine" I am assuming was one ofthe journals that 25 either your department or the medical department Page 61 1 A Some committee work that I was involved 2 with, personally. 3 Q What committee would that have been? 4 A This is one on the International Primary 5 Aluminum Institute. 6 Q In preparation for your deposition, sir, 7 did you review, within the text "Industrial Hygiene 8 Highlights," the section pertaining to asbestos? 9 A Yes. Wherever there was a reference to 10 asbestos, I did review that. 11 Q Okay. And is it a fair statement, sir, 12 that whatever information is contained in this text 13 concerning asbestos you would have been familiar with 14 it in 1968 when the text was published? 15 A Yes. 16 Q Let's take a look at some ofthe language. 17 "Increased attention has been recently directed to 18 further defining the health effects of asbestos." Did 19 I read that correctly? 20 A That's right. 21 Q And, of course, you were aware of at least 22 some ofthe dangerous health effects of asbestos as 23 early as 1948; correct, sir? 24 A Yes. It had the ability to produce 25 asbestosis. Page 63 1 received on a regular basis? 2 A I don't know whether we did or not. 3 Q In any event, sometime in that time frame 4 let's say the mid 1950's, Alcoa would have been aware 5 ofthe existence ofthis report concerning lung cancer 6 in asbestos workers? 7 A Yes. Certainly we in the health department 8 and industrial hygiene would be. 9 Q It goes on to state, again at page 11, 10 "Another investigation by Wagner, et al., showed a 11 significant increase in mesotheliomas in persons 12 exposed to crocidolite asbestos in the South African 13 Cape Blue mining area." Do you also recall that 14 Dr. Wagner's study in 1960 had identified mesothelioma 15 as an asbestos cancer? 16 A I don't recall that specific one, but I am 17 sure that I was aware of it at the time. 18 Q Okay. Ifyou will follow along, 12 and 13, 19 it says, "Some researchers are of the opinion that the 20 value set by the ACGIH of 5 million particles per 21 cubic foot oftotal particulates is too high." Did I 22 read that correctly? 23 AYes. 24 Q Were you among the persons in the mid to 25 late 1960's who believed that the TLV was too high or Page 60 P ace 63 ECOSCRTPTTM (C\\ 8tomrnfnMc iwn iq7 W hatley vs. Alcoa Page 64 1 did you have an opinion on it one way or another? 2 A I didn't have an opinion one way or the 3 other. 4 Q All right. It says, "The finding of 5 ferruginous bodies in the high percentage ofthe lungs 6 ofthe residents in urban communities has also led to 7 increased studies ofthe nature and source ofthe 8 fibers involved since it has been suggested that if 9 these pulmonary bodies are caused by the inhalation of 10 asbestos fibers this may presage and increase in lung 11 cancer in urban community residents." Did I read that 12 correctly? 13 AYes. 14 Q Do you recall, sir, as ofthe publication, 15 1968, or thereabouts, that there was a concern that 16 asbestos dust could cause lung cancer in persons who 17 lived near facilities where asbestos was used; do you 18 recall that? 19 A No, I don't recall that. 20 Q What was your chapter on, by the way, in 21 there? 22 A Noise. 23 Q Was that an area concerning which you 24 developed some significant expertise? 25 AYes. Thom as B. Bonney; F eb ru ary 25,1998 Page 66 1 this disease, had been known since the 1920's? 2 A "This disease" being asbestosis? 3 QYes, sir. 4 A Correct. 5 Q Okay. And here they talk about "The 6 mortality ofgroups of asbestos workers was higher 7 than expected." Now, just for the benefit of the 8 jury, that means that more people were dying than were 9 anticipated; is that a fair statement? 10 AYes. 11 Q Okay. "And the excess mortality could be 12 accounted for by cancer of the respiratory and 13 digestive systems, a category of heart disease and 14 asbestosis." Did I read that correctly? 15 AYes 16 Q And when they talk about excess mortality, 17 what they are talking about is the number of 18 additional people that died other than what you would 19 expect could be accounted for by respiratory cancer, 20 that's lung cancer, correct? 21 AYes. 22 Q Cancer ofthe digestive system, that would 23 be gastrointestinal cancers; correct? 24 A Right. 25 Q A category of heart disease, and also what Page 65 1 Q By the way, are you familiar with the term 2 "latency" or the concept that asbestos diseases are 3 latent diseases? 4 A Yes, I'm familiar with it. 5 Q And in the context of the late 1940's, when 6 you first learned about the asbestosis, the scarring 7 ofthe lungs, did you learn at that time that this was 8 a disease process that could take 20 or 30 years to 9 develop from the date of first exposure? That is 10 to say that it was not something that happened 11 instantly? 12 AYes. I was very much aware ofthat it 13 took many years. I don't think there was any 14 discussion about a latency effect at that particular 15 time. 16 Q All right. Let's take a look here at 17 page 356 of this textbook. "The problem of asbestosis 18 has been studied extensively since the 1920's when a 19 definite relationship was established between 20 the fibers and the disease."Did I read that 21 correctly? 22 AYes. 23 Q Now, in your training and when you first 24 arrived at Alcoa, did you learn that this 25 relationship, the fact that asbestos could causes Page 67 1 we have talked about before, asbestosis or the 2 scarring ofthe lungs; correct? 3 A Right. 4 Q So as of 1968 in this text that is edited 5 by Mr. Cralley -- and what was his position at Alcoa 6 at that time? 7 A He was the manager of the health and safety 8 services. 9 Q Okay. The manager of health and safety 10 services recognized in this text that asbestos workers 11 were subject to the risk of dying from some of these 12 asbestos related diseases; would you agree with that, 13 sir? 14 MR. WALKER: Can you show him the sentence 15 again? 16 Q Sure. 17 "Excess mortality could be accounted for by 18 cancer ofthe respiratory and digestive systems, 19 category of heart disease and asbestosis." 20 Is that a fair statement, sir? 21 A Well, yes, but you have to put this thing 22 in the context oftime. At the time this book was 23 written, we had many ofthe studies relating asbestos 24 exposure to the cancers. 25 Q Okay. Thom as B, Bonney; F eb ru ary 25,1998 Page 68 1 A But we didn't know that even just a few 2 years before this date. S Q Let me object to the non-responsive 4 portion. 5 Certainly, sir, by 1968, it was known, it 6 was accepted, it was recognized by Mr. Cralley, and 7 others at Alcoa, that asbestos could cause these types 8 of cancers, could cause a category of heart disease 9 and, of course, could cause death from the asbestos 10 scarring asbestosis; correct, 11 sir? 12 A We were aware at that time that it was a 13 greater hazard and those diseases you cited, yes, but 14 there still was a question about the potency ofthe 15 material and also whether or not it applied to other 16 industries rather than the asbestos industry, milling, 17 mining and textile manufacturing. 18 Q All right, sir. Let me object to the 19 non-responsive portion. 20 Tell me again how you procured the 21 "Occupational Respiratory Diseases" text from - did 22 you say after you retired? 23 A Right. Right. I read in one ofthe 24 journals that it was available from NIOSH, so I made a 25 phone call and got myself a copy. Whatley vs. Atcoa Page 70 1 you. 2 MR. WALKER: That's fine. 3 THE VIDEOGRAPHER: This ends tape one of 4 the deposition of Thomas Bonney. We are offthe 5 record, the time is 12:10 p.m. 6 7 (Thereupon, at 12:10 o'clock p.m., a 8 luncheon recess was taken until 1:05 o'clock 9 p.m.) 10 Page 69 1 Q I haven't seen this in quite some time. 2 Did you have an intention, sir, when you left Alcoa to 3 perform consulting work? 4 A I did a little bit of consulting. 5 Q And give me an idea ofthe nature ofthat 6 work? 7 A It was limited to the aluminum industry, to 8 specifically to aluminum plants. To aluminum 9 companies. 10 Q That consulting work would have been done 11 on behalf ofAlcoa? 12 A No. On behalf of myself. 13 Q Did you have clients for whom you did that 14 work? 15 A I beg your pardon? 16 Q The consulting work that you did, who were 17 your clients, who paid you? 18 A Well, the names ofthe company, but they 19 were not Alcoa companies. One plant was in Frederick 20 and another one is outside of Charleston. 21 Q Okay. 22 MR. WATERS: I am going to suggest we 23 take a break now, because I don't want to waste 24 your time while I am trying to filter through 25 this mess to figure out what questions to ask Page 71 1 A-F-T-E-R-N-O-O-N S-E-S-S-I-O-N 2 (Thereupon, Alcoa Deposition Exhibit No. 1 3 was marked for identification.) 4 THE VIDEOGRAPHER: This begins tape two of 5 the deposition of Thomas Bonney. We are on the 6 record, the time is 1:05 p.m. 7 BY MR. WATERS: 8 Q Mr. Bonney, how are you this afternoon, 9 sir? 10 A Fine and dandy. 11 Q Okay. If at any point in time you need to 12 take a break, you just let us know; okay? 13 A Will do. 14 Q From time to time, sir, were you involved 15 with the formulation or the writing of objectives and 16 goals on the part ofthe Alcoa corporate industrial 17 hygiene department or division? 18 A Yes, I believe that I was involved with 19 that one, yes. 20 Q Okay. I would like to show you what I have 21 marked as Alcoa 1, a document that is not dated, but 22 ask you if this would have been that type of document 23 that you all would have put together during your 24 tenure - at some point in time during your tenure? 25 Is that similar to the type of documents P ace 68 - P age 71 ECOSCRTPTTM S to n n x ro f 1QQ7 W hatley vs. Alcoa Page 72 1 that you recall, sir? 2 A. Something similar, hut this is not a 3 document that I was involved with. It looks like 4 something of more recent vintage. 5 Q Okay. Fair enough. 6 Let's take a look at the discussion of 7 Alcoa's industrial hygiene program. It says, "There 8 is a corporate commitment to do the right and moral 9 thing for Alcoans worldwide. In achieving that 10 objective, we would expect to also meet at least the 11 minimal health protection requirements mandated by 12 government regulations or other recognized 13 authorities, as appropriate." 14 Did I read that correctly? 15 AYes. 16 Q During your tenure at Alcoa, sir, would you 17 also have expected that Alcoa would meet at least the 18 minimal health protection requirements that were 19 stated in regulations? 20 AYes. I would say so. 21 Q In order to meet those minimum 22 requirements, you are going to have to be aware of 23 what they are, aren't you, sir? 24 AYes. 25 Q And so Alcoa recognized, did it not, sir, Page 73 1 that it was its obligation to recognize and understand 2 the regulations so that they could be followed? 3 AYes. 4 Q Nothing different about that obligation on 5 the part of Alcoa in the 1970's from, for example, the 6 1950's, was there? A duty to its employees? 7 AYes. There is nothing different, no. 8 (Thereupon, Alcoa Deposition Exhibit No. 2 9 was marked for identification.) 10 Q Let me show you what has been marked 11 Alcoa 2 and ask if that appears to be Mr. Rumberger's 12 handwriting, or if you can tell? 13 Is that Mr. Rumberger's handwriting? 14 A I don't know whose it is. 15 Q You don't know whose it is? 16 A No. 17 Q Let me represent to you that that document 18 came from the corporate -- Alcoa's corporate 19 industrial hygiene files, and I want to ask you the 20 questions that are posed here and see what your 21 response would be. >,2 No. 2, "How do we communicate to employees 23 that they may be working in an area with serious 24 health hazards (e.g., carcinogens)?" 25 What would your response to that question Thom as B. Bonney; F ebruary 25,1998 Page 74 1 be based on your tenure at Alcoa? 2 A I am sorry, I was looking at the wrong one. 3 Q I beg your pardon? 4 MR. WALKER: Andy, are you talking about a 5 particular time period? 6 MR. WATERS: Just generally over the course 7 of his time there. 8 MR. WALKER: If any of those would change 9 with time, answer. If they don't, just answer 10 whatever you think. 11 A I think in the earlier times it was maybe 12 one-on-one communication with the employee or through 13 safety committee meetings, and later on post-OSHA, if 14 you will, we actually provided training for all the 15 employees in the plants, special sessions. 16 Q Okay. One thing I guess we can agree upon 17 and what this question seems to imply is that Alcoa 18 needs to communicate to employees if they are working 19 around something that can cause cancer; you would 20 agree with that, wouldn't you? 21 A If they were working around material that 22 had the opportunity to cause cancer, if it's over here 23 left alone, that's no hazard. 24 Q Okay. Let's put it that way, the way you 25 worded it, if the material has an opportunity to cause Page 75 1 cancer, you would agree that the employee should be 2 advised ofthat risk so that they can take 3 precautions, avoid creating or furthering that 4 opportunity? 5 A That's right Yes. 6 Q Nothing different about that duty or 7 responsibility of a good corporate citizen in the 8 1950's as compared to the 1970's, is there? 9 AYes. I think there was more communication 10 today than there was in the past. 11 Q Okay. There may be more communication 12 today than there was in the past hut you will agree 13 with me, certainly, that workers in the 1950's who 14 faced a hazardous substance that might cause cancer, 15 that they deserved to be told about th a t didn't they, 16 so that they could take precautions for their own 17 health and safety? 18 A They deserve - if there is a risk to their 19 health, they deserve to be told that there is a risk 20 to their health. 21 Q Question No. 3, "How do you judge 22 cost/benefit ratios in solving industrial hygiene 23 problems?" 24 What would your response be to that, sir, 25 based on your experience and tenure at Alcoa? Thom as B. B o n n e r F ebruary 25,1998 Page 76 1 A That's one that is somewhat foreign to me. 2 Q You don't recall being concerned about cost 3 benefit ratios? 4 A No. That's foreign to me, really. 5 Q Question No. 4, "Does the union's approach 6 to industrial hygiene differ from the company's 7 industrial hygiene objectives?" 8 What would your answer to that be? 9 A I would have to speculate on that. I think 10 you would have to direct the question like that to the 11 union, but obviously their concern is with the 12 employees, their members, but they may have some other 13 concerns, as well. 14 Q One concern that the union will not have is 15 the cost of safety and health, because that's a cost 16 that's going to be borne by Alcoa; isn't that correct? 17 A That's right, yes. 18 (Thereupon, Alcoa Deposition Exhibit No. 3 19 was marked for identification.) 20 Q Let me show you what has been marked 21 Alcoa 3, which is an asbestos management plan, 22 Rockdale operations, just a few questions for you. 23 This document is published in -- appears to be 24 August 30,1996. Do you see that there at the bottom? 25 AYes. W hatley ys. Alcoa Page 78 1 what's it called? 2 MR. WATERS Rockdale Operations Supervisors 3 Asbestos Handbook. 4 BY MR. WATERS; 5 Q Here is another one, the Rockdale 6 Operations Employee Awareness Handbook. 7 Do you know anything about that document? 8 A No, I don't. 9 Q Employee awareness. 10 A These are new things, at least from my 11 point ofview. 12 Q These types of manuals or written materials 13 were not available, I presume, prior to your departure 14 in 1986? 15 A I don't recall them, but in today's world 16 you need more structured and detailed and technical 17 approaches to solve any environmental problems. 18 MR. WATERS: All right. Object to the 19 non-responsive portion. 20 Q At page 15 it discusses something called 21 major fiber release episodes. "A major fiber release 22 episode is the falling or dislodging of more than 3 23 square feet or 3 linear feet offriable asbestos 24 containing materials. Operations personnel should 25 immediately barricade the area with red tape," Page 77 1 Q "Pursuant to this management plan, this 2 manual establishes a written Asbestos Management 3 Program." Did I read that correctly? 4 AYes. 5 Q Are you aware or were you aware before 6 today, sir, that prior to August 1996 Alcoa Rockdale 7 did not have a written asbestos management program? 8 Were you aware ofthat fact? 9 A I don't know whether they did or didn't. 10 They may have had an informal one, but I am not aware 11 of any written. This is the first time I have seen a 12 written asbestos program. 13 Q Page 5 discusses something called the 14 Rockdale Operations Supervisors Asbestos Handbook. 15 Are you familiar with that document? 16 A No. 17 Q Well, we will get that from 18 Mr. Fitzpatrick. 19 Do you suspect we will have to wait until 20 next week and find but? 21 MR. WALKER; It will depend on the end of 22 the day. I will make a phone call. 23 MR. WATERS I will put that on Mr. Iola's 24 plate. 25 MR. WALKER; It's called Supervisors - Page 79 1 et cetera, et cetera, et cetera. 2 Would you agree, sir, with this definition, 3 that ifyou have disturbance of, for example, three 4 linear feet of asbestos pipe covering that that would 5 be considered a major fiber release episode? 6 A I wouldn't know these definitions. Look s 7 to me like they might be following some kind of a code 8 or regulation, but I would not be able to state that 9 myself. 10 Q Fair enough. Let me put the question to 11 you this way: A sa-- when you were a practicing 12 industrial hygienist, ifyou were to observe, for 13 example, a pipefitter or maintenance worker involved 14 with the tear out or rip out of three linear feet of 15 asbestos-containing pipe covering, would you consider 16 that to constitute a significant health hazard? 17 MR. WALKER; Again, the time frame? 18 Q Let's say toward the end ofyour tenure 19 with Alcoa. 20 A Toward the end of my tenure with Alcoa, 21 yes, I would. But prior to the 50's, 40's, '60's, no, 22 I would not. 23 MR. WATERS: I object to the non-responsive 24 portion. 25 Q Ifyou were to observe, let's say in the P age 76 - P age 79 Fm sr.RTPTTM i r i\ -- X i nnn W hatley vs. Alcoa Page 80 1 early 1980's, some one individual doing rip out or 2 tear out of asbestos work, work that created visible 3 dust that to you would represent a risk of significant 4 harm; would it not? 5 A It might, possibly. I would not say 6 definitely that it would. 7 Q Ifyou were to observe visible dust 8 resulting from this type of operation, you would not 9 necessarily be concerned? 10 A It would depend on whether that dust was 11 asbestos or the binding material that is almost always 12 associated with asbestos. 13 Q Let's assume that it is asbestos, because 14 aren't you supposed to assume that a material is 15 asbestos unless it has been proven otherwise for 16 safety purposes? 17 Isn't that one of the principles that Alcoa 18 has purportedly followed since the '70's? 19 A If insulating material, we would find out 20 if its asbestos containing or not. 21 Q Assuming that you have asbestos-containing 22 insulation material, and visible dust is being created 23 by the operation I described, would you not, sir, be 24 concerned enough to halt the operation until 25 additional precautions could be taken? Thom as B. Bonney; F ebruary 25,1998 Page 82 1 am not sure that would constitute a serious risk. 2 Q Okay. It would constitute a risk, however, 3 or a hazard, a health hazard; would it not? 4 A I beg your pardon? 5 Q It would constitute a risk or a health 6 hazard; would it not? 7 Even ifyou don't want to call it a serious 8 risk. 9 A Again, it might depend on the magnitude of 10 the exposure, hut I agree with you that until you find 11 out the situation, until you evaluate it, you protect 12 the man. 13 Q Page 16, entitled Long Range Plan, 14 indicates that, "It should be noted that estimates to 15 remove all ofthe asbestos materials from the power 16 plant ranges from $30 million to $100 million." 17 That's a significant amount of money; isn't 18 it, sir? 19 AYes. 20 Q Okay. Do you recall during your time at 21 Alcoa that estimates were presented as to the cost of 22 removing this cancer causing material from the 23 workplace and from the plants where your employees 24 were employed? 25 A No, I can't come up with a specific Page 81 1 MR. WALKER: Again, I am going to ask him 2 to put in a time frame, if that would be 3 helpful. 4 Q All ofthese questions are with respect to 5 the latter part ofyour tenure at Alcoa, let's say the 6 early 1980's. 7 A At the least, for situations such as that, 8 we would require the person to have respiratory 9 protection until we found out what it was. An 10 evaluation of it. 11 Q And the reason you would require 12 respiratory protection is because you would recognize 13 that that process, the removal of those three feet of 14 asbestos pipe covering, what have you, constituted a 15 significant risk of harm to the individuals in the 16 vicinity; isn't that correct? 17 A It might not, it will - you need a 18 sufficient dose. 19 Q I apologize for interrupting you. 20 There could be a sufficient dose to warrant 21 the concern that you have expressed to either give the 22 man some additional protection or stop the operation 23 or something along those lines; is that correct? 24 A At least want to minimize the exposure, but 25 looking at one exposure, a brief one such as that, I Page 83 1 instance. 2 Q Did you recognize, prior to your retirement 3 in 1986, that the cost of removing all of this 4 material, asbestos material, was very, very high? 5 Are you aware ofthat fact? 6 A No, I was not. 7 Q Too many stacks of paper. 8 Okay. Let's go back to the textbook that 9 you told us earlier that you had purchased, I guess, 10 subsequent to your work for Alcoa. 11 A Obtained. 12 Q Obtained. Did you get it for free? 13 AYes. 14 Q All right. And have you actually had an 15 opportunity to use this in some ofyour consulting 16 work, research? 17 A Not too much. Not too much. No. 18 Q How did you go about obtaining this 19 textbook? 20 A I begyour pardon? 21 Q How did you go about obtaining it? 22 A I just made a phone call to -- 23 QNIOISH? 24 A -- to NIOSH. 25 Q And you have retained it in your personal Thomas B. Bonney, February 25,1998 Page 84 I library since that time? 2 AYes. 3 Q And when you say you haven't looked at it 4 too much, obviously you haven't read the entire thing; 5 have you? 6 A No. 7 Q But from time to time you had occasion to 8 review it for information that would be helpful to you 9 in your consulting work? IO A I would say very briefly. II Q I would like to look at page 289 ofyour 12 book and, in particular, where it talks about 13 asbestosis. 14 "The first well documented case of 15 asbestosis was reported in 1906." 16 Do you see that? 17 A Yes. 18 Q It goes on to talk about some reports in 19 the I920's. You see that over here? 20 A Yes. 2l Q "By 1930 more than 75 asbestosis cases had 22 been reported in the literature." Do you see that? 23 AYes. 24 Q And that's all consistent with what you 25 learned when you arrived at Alcoa, correct, sir? Page 85 I AYes. 2 Q Over on page 290 it indicates, "The first 3 indication that asbestos might be a human carcinogen 4 came in 1935." 5 Now, carcinogen means a cancer causing 6 agent, correct, sir? 7 AYes. 8 Q It goes on to state, "Other case reports 9 followed in 1936." Do you see that there, some IO additional case studies in 1936 by Groin after the II 1935 Lynch and Smith? 12 A Okay. 13 Q "In the 1947 annual report ofthe chief 14 inspector of factories in England, Merriweather stated 15 that 17.8 percent ofpersons who died with asbestosis 16 also had cancer ofthe lung at autopsy." 17 Do you see that? 18 AYes. 19 Q It says, "The first detailed epidemiologic 20 study to conclusively demonstrate an association 2l between asbestos exposure and lung cancer was 22 published in 1955 by Doll." 23 Now, that's the same study we discussed 24 earlier, correct? 25 AYes. W hatley vs. Alcoa Page 86 I Q It goes on to talk about the disease 2 mesothelioma, "The first cas.es were reported in 1946 3 by Meyers." Do you see that? 4 AYes. 5 Q "However conclusive evidence of an 6 association between asbestos and mesothelioma was not 7 available until I960 with the Wagner study." Do you 8 see that there? 9 AYes. IO Q In your work for Alcoa, sir, did you become II aware that Alcoa was a member of a number of 12 professional organizations, or that individual 13 professionals within Alcoa were members of such 14 organizations? 15 AYes. 16 Q And so, for example, while you were not a 17 physician, there were physicians employed by Alcoa who 18 would have been members ofthe American Medical 19 Association, for example? 20 AYes. 2l Q Are you aware that in 1949 the Journal of 22 the American Medical Association published an article 23 concerning the connection between asbestos and lung 24 cancer? 25 A I don't recall that. Page 87 I Q Were you a member ofthe Industrial Hygiene 2 Foundation? 3 A No. 4 Q Was Alcoa a member? 5 A Yes, they were associated with the IHF. 6 Q And you and Mr. Cralley would oversee from 7 time to time publications from the Industrial Hygiene 8 Foundation? 9 AYes. IO Q Including what are called the abstracts II where the Industrial Hygiene Foundation lists a number 12 of significant abstracts concerning new articles in 13 the medical and scientific literature? 14 AYes. 15 Q And the purpose ofyou and Mr. Cralley 16 reviewing those materials was so that you could keep 17 up to speed with new developments, possible hazards in 18 the workplace; correct, sir? 19 A That's right. 20 Q There is also an organization called the 2l National Safety Council, are you familiar with that 22 organization? 23 AYes. 24 Q Were you a member ofthat organization? 25 A No. Paee 84 - P ace 87 F.rnsr.RiPTTM /r\ g*-- T___1 nnrf W hatley vs. Alcoa Page 88 1 Q Was Alcoa a member, to the best ofyour 2 recollection? 3 Ifyou are not certain 4 A I don't know if Alcoa was. 5 Q Are you aware - did you ever attend any of 6 the National Safety Council meetings in Chicago, 7 annual meetings? 8 A I may have attended one or two. 9 Q Okay. Let me represent to you, sir, 10 that Alcoa has answered and in sworn answers to 11 interrogatories that it was a member ofthe National 12 Safety Council going all the way back to the 1920's. 13 Would that surprise you? 14 A No, not at all. 15 MR. WATERS: I hand that back to you all. 16 Q Let me show you, sir, the National Safety 17 News, Volume 32, No. 3, September 1935, which is a 18 journal or a trade journal, if you will, that was 19 distributed to members of the National Safety Council. 20 And in particular I want to show you an article 21 contained in that particular issue titled, "No Halfway 22 Measures in Dust Control." 23 Do you see that? 24 AYes. 25 Q Over here it indicates - talks about a Thom as B. Bonney; F ebruary 25,1998 Page 90 1 A You read it correctly. 2 Q And what author Johnson, who worked for the 3 American Mutual Liberty Insurance Company, is saying 4 here is that the five million particles, which is the 5 TLV; correct, sir? 6 AYes. 7 Q That ifyou have -- that you have to have 8 something 13 to 20 times higher than that before you 9 can even see the dust; isn't that correct? What he is 10 saying there? 11 MR. WALKER: I am going to object. The 12 best evidence is what the article itself says. 13 Q You may answer, sir. 14 A That's where I am coming - that's what the 15 article says, but I am not sure I agree with it. You 16 can even see dust of a lot lesser concentration th an 17 that in your own living room with the sun coming 18 through the windows. 19 Q You don't have asbestos dust in your living 20 room; do you? 21 MR. WATERS: Strike that question. Let me 22 object to the non-responsiveness ofthe previous 23 answer and I will withdraw my question. 24 MR. WALKER: And for the record I am going 25 to object to any questions from documents because Page 89 1 second group of dusts, and it says, "There is no 2 question but that lessened lung capacity results from 3 them after long enough exposure, but it certainly 4 takes more dust and more time to lower capacity for 5 work.'Asbestosis falls in this group and apparently 6 similar conditions develop from exposure to excesses 7 of many mineral dusts relatively low in free silica 8 content." 9 Did I read that correctly? 10 AYes. 11 Q And you are not surprised to see a 12 reference to asbestosis in a 1935journal of this 13 sort, are you, sir? 14 A Not on that particular date, but in that 15 journal I am surprised. 16 Q Okay. Looking at the next page, which is 17 page 18, talking about, "I think we need to digress 18 for a moment to visualize what is meant by five 19 million particles of dust of such tiny size. We know 20 it is invisible to the naked eye because it takes 15 21 to 20 times that much to produce a haze, and even that ?2 isn't visible as particles of materials. The 23 particles therefore are so small as to thwart the 24 imagination." 25 Firstly, did I read that correctly? Page 91 1 I think my recollection is there is a discovery 2 request asking for all articles previously read 3 that you consider authoritative and those have 4 not - the articles that you are questioning from 5 have not been produced. 6 MR. WATERS I am well aware ofthat unhappy 7 fact, but what is the point? 8 Yes, I understand that, you have not 9 produced the articles, we agree. 10 MR. WALKER: No, you haven't produced the 11 articles is what I am saying, and you are 12 questioning from articles you haven't produced 13 when I think there is an outstanding discovery 14 request for identification ofthose articles. 15 MR. WATERS I thought the judge addressed 16 that on Friday or -- 17 MR. WALKER: He could have. I would assume 18 you are going to continue to ask questions, so if 19 you don't mind, to help the record, I would like 20 to have a running objection to that. 21 MR. WATERS: That would be acceptable. 22 MR. KINGSLEY: Can we make copies of these 23 before the end of the day? 24 MR. WATERS No, but we can make copies for 25 you. I don't let these out of my control, these Thom as B. Bonney; F eb ru ary 25,1998___________________________________________________W hatley vs. A tcoa Page 92 Page 94 1 are the only copies I have. 2 MR. WALKER: So I guess we are requesting 3 it, so you can send them. 4 BY MR. WATERS: 5 Q One further comment, sir, in this article. 6 It states, "Ifyou can see the dust, you know it to be 7 a terrific hazard." Do you see that, sir? 8 A Oh, yes. 9 Q And that's what the National Safety Council 10 was telling people in as early as September 1935 about 11 asbestos; is that correct, sir? 12 MR. WALKER: I am going to object to that 13 because it's confusing at best, that proper 14 predicate hasn't been laid, the "it" in there, 15 that Mr. Bonney was not allowed to read the 16 context ofthat to see what it would be in the 17 context ofwhich that statement was made. 18 MR. WATERS I will rephrase the question. 19 Q Sir, in this article from the National 20 Safety Council, am I correct, sir, that it is stated, 21 "Ifyou can see the dust, you know it to be a terrific 22 hazard," is that what it so states in this article in 23 1935? 24 A That's what it states. I do not agree with 25 that. 1 article entitled, "Bronchogenic Carcinoma in 2 Association with Pulmonary Asbestosis" published in 3 the American Journal ofPathology in April of 1942. 4 Do you have any recollection ofthat? 5 A I don't remember that one specifically, no. 6 Q How about January 1945, "Asbestosis and 7 Pulmonary .Carcinoma," do you recall that abstract? 8 A No. 9 Q How about September 1950, publication on 10 "Asbestosis and Lung Cancer," do you recall that one 11 after you arrived? 12 A No. 13 Q Let's show you one from June 1953, and let 14 mejust show you - does that appear to be the digiest 15 that you recall in terms ofthe logo? 16 A Yes, it is. 17 Q Okay, fair enough. 18 1953, and article entitled "Lung Carcinoma 19 Caused by Asbestos Inhalation," do you see that? 20 A Yes. 21 Q And that's one ofthe abstracts that would 22 have been available to you and to Mr. Cralley and 23 whoever else at Alcoa because you would have received 24 this abstract, the digest; correct, sir? 25 A Yes. Page 93 1 MR. WATERS: Objection to the 2 non-responsive portion. 3 MR. KINGSLEY: For the record, what was the 4 exhibit number? 5 MR. WATERS: It doesn't have exhibit 6 well, it has a number on it, AROl. 7 MR. KINGSLEY: Would you make a copy of it 8 even though it's not marked as an exhibit? 9 MR. WATERS: I will. 10 BY MR. WATER: 11 Q Now we move forward. 12 The IHF abstracts that we talked about 13 earlier? 14 A Yes. 15 Q Those were available when you arrived in 16 1948 and continued to be available when they were 17 published, as they came out? 18 A Yes. To the best of my knowledge we had 19 them throughout my working career. 20 Q And, in fact, do you recall, sir, that they 21 were available before your arrival for Mr. Cralley or 22 someone else to look at? 23 A I don't know that for a fact. 24 Q Well, let me ask you, sir, ifyou recall in 25 your review of the materials there, an abstract or Page 95 1 Q Would you agree with me, sir, that based on 2 this material you would have been aware that there 3 were journals and articles out there by the early 4 1950's that, as this one is termed, lung carcinoma, 5 lung cancer can be caused by asbestos inhalation? 6 A There were a number ofthose instances, 7 isolated instances, excuse me, instances, but they 8 were not accepted by the scientific community at the 9 particular time. 10 MR, WATERS: Let me object to the 11 non-responsive portion. 12 MR. KINGSLEY: Can we make the same 13 agreement with respect to that document, you will 14 produce it, it's not marked for idenfication at 15 this deposition, hut you will produce it? 16 MR. WATERS: I will. 17 MR. KINGSLEY: Is it possible to identify 18 it more than that? 19 MR. WATERS: Yes. It's ARO-102A, looks 20 like. Little bit hard to read. 21 MR. KINGSLEY: About 46 pages long, for the 22 record. 23 BY MR. WATERS: 24 Q I want to show you what has been marked 25 Alcoa 4, which is a memorandum from Mr. Cralley to Pai?e 92 - Pacre 95 K rn P JR T P T TM /m 04-^' 4-__ ,, 1CCH W hatley vs. A lcoa____________ ______________________________________ T hom as B. B onney; F e b ru a ry 25,1998 Page 96 Page 98 1 Mr. Pracht at Davenport. Do you see that? 2 AYes. 3 Q Was Mr. Pracht an industrial hygienist or 4 safety professional of some sort, doyou recall? 5 A No. He was manager ofthe industrial 6 hygiene committee. 7 Q And in this memorandum Mr. Cralley is 8 telling him about the basic industrial hygiene 9 reference library that's that he is going to send to 10 Mr. Pracht. Do you see that? 11 AYes. 12 Q And there are several attachments, one of 13 which -- or actually I guess it's just a two-page 14 attachment, and it lists, for example, the Drinker & 15 Hatch text, "Industrial Dust" that we discussed 16 previously. Do you recall that? 17 A Right. 18 Q And that was one ofthe texts that you at 19 Alcoa relied upon in the early 1950's for general 20 information purposes? 21 AYes. 22 Q I show you what has been marked Alcoa 5 and 23 indicated to be a management bulletin from the 24 Davenport Works, January 4,1954. 25 Just read along with me, ifyou will, "The 1 there might be a potential problem we could control in 2 another means without measurement in many cases. 3 MR. WALKER: Object to the non-responsive 4 portion. 5 Q Let me show you what has been marked 6 Alcoa 6, a letter from Mr. Smithson at Davenport Works 7 to the Industrial Hygiene Foundation, that's the 8 organization ofwhich we have been speaking that Alcoa 9 was a member, is that correct? 10 AYes. 11 Q Okay. And in this letter Mr. Smithson 12 says, "We have been advised by Dr. Cralley," was he 13 not in fact a doctor, I was confused by this? 14 APh.D. 15 Q Oh, okay. 16 "Dr. Cralley of our Pittsburgh office that 17 he has arranged for us to order directly from you 18 reprints listed in the Industrial Hygiene Digest," and 19 then it attaches, does it not, sir, a number of 20 articles, et cetera, that they want prints of? 21 AYes. 22 Q And, in fact, the articles contained in the 23 IHF abstract, several ofwhich we have already 24 discussed, were readily available not just in 25 Pittsburgh but at any ofthe other facilities in the Page 97 1 industrial hygiene committee will undertake the task 2 of determining potential health hazards associated 3 with the handling, use and production of all materials 4 at Davenport Works." 5 Did Tread that correctly? 6 AYes. 7 Q Is this similar to the type ofwork that 8 was being done at all the plants in this time frame to 9 ascertain what materials, if any, might be hazardous 10 to the health ofworkers? 11 A This was the procedure that was followed in 12 all of our plants. 13 Q And one of the methods that the industrial 14 hygienists or the professionals could take was to look 15 at the materials used at the plant and compare that 16 with the TLV list of hazardous materials that had been 17 put out by the ACGEH; is that correct? 18 A Not just that, but we looked at the manner 19 in which the material was used and the quantity that 20 was used. 21 Q And you certainly had the opportunity to 22 perform measurements to determine if certain values 23 were exceeded and to put the use ofproducts in the 24 hazardous or dangerous range? 25 AYes, we measured only when we expected Page 99 1 event that they wanted more details concerning 2 potential hazards in the workplace? 3 A A large number ofplants had the digests, 4 but I don't know that every plant had the digests 5 available. 6 Q All right 7 June 13,1956 memo from Mr. Cralley to 8 Mr. Stout, "The dust sample which Mr. George Kuerner 9 gave me on my recent visit has been turned over to the 10 Analytical Division of ARL for certain preliminary 11 analyses." 12 What is ARL? 13 A Alcoa Research Laboratories. 14 Q Is that the place where you worked until 15 the mid to late '50's? 16 AYes. 17 Q So in this instance the laboratory was 18 going to perform an analysis on the dust sample that 19 had been provided by the Davenport Works --no, excuse 20 me, by -21 A Bauxite. 22 Q Bauxite Works; is that correct? 23 AYes, 24 Q My recollection from your earlier testimony 25 is that you don't recall any attempt to analyze or Thom as B. B o n n e s F e b ru a ry 25, 1998 Page 100 1 quantify asbestos exposures or the amount ofasbestos 2 dust in the air prior to what, the mid to late 3 1960's -- or you said late '60's, early '70's? 4 AYes. 5 Q But certainly the capability, the capacity 6 to do that was available in the 1940's and the 1950's? 7 A Not at all of our plants. I am not sure 8 all the plants had the equipment to do the dust 9 counting. 10 Q They had the equipment to take the samples 11 and they could have provided the samples to laboratory 12 for analysis; isn't that true? 13 A Not for an impinger type sample, which is 14 what you would have to use here. 15 Q And that's what Mr. Kuerner was using at 16 the Bauxite Works, an impinger, presumably, to sample 17 the dust? 18 A Yes, but I don't know whether he was 19 looking for a dust count or an analysis of other 20 material. 21 Q Did you have impingers at the Pittsburgh 22 facility or in New Kensington? 23 AYes. 24 Q And could you take those impingers with you 25 ifyou so desired to perform dust studies at any given W hatley vs. Alcoa Page 102 1 didn't ever read the full article, Alcoa would have 2 been aware that asbestos workers were prone to develop 3 lung cancer which could cause death? 4 A Well, you got to look at this in the 5 context oftime. This was a single study, and it was 6 not generally accepted until the further studies came 7 along in the late '60's that confirmed that. Any 8 scientific study, you come up with a hypothesis, which 9 is what Doll has here. And you required the rest of 10 the scientific community to confirm that, well, that 11 confirmation didn't come until much later. 12 Q I appreciate that. 13 MR. WATERS: And let me object to the 14 non-responsiveness. 15 Q My question simply put is, sir, as of 1955 16 Alcoa would have been aware that there was research 17 concluding that there was excess mortality, deaths 18 from lung cancer in asbestos workers because they 19 would have been in receipt of this material? 20 A We were aware ofthat, yes. 21 MR. KINGSLEY: Can we get the same 22 agreement with respect to that document? 23 MR. WATERS You can have it with respect to 24 all of them. In fact, ifyou are just keeping a 25 list, you can give it to me at the end of the Page 101 1 location? 2 AYes. 3 Q And how much, ifyou can recall, did a 4 midget impinger cost back in the 1950's; $200, $300? 5 A Minimum. I mean, it was a minimal cost 6 It wasn't that expensive. 7 Q Certainly if Alcoa so desired, they could 8 have provided a midget impinger to each and every one 9 oftheir facilities where asbestos exposures were 10 possible; isn't that true? 11 A They could have provided the impinger, but 12 not the expertise to count the dust. 13 Q Let's take a look at - for your records, 14 this is ARO 106 - Industrial Hygiene Digest from 15 September of 1955, where we see an abstract on the 16 Doll article. 17 Do you see that? 18 AYes. 19 Q "Mortality," that means death; correct? 20 A That's right. 21 Q "From lung cancer in asbestos workers." 22 Okay. From the British Journal of Industrial 23 Medicine. 24 Now, certainly you will agree with me, sir, 25 that upon receipt of this information, even if Alcoa Page 103 1 day, and I'll take care of it for you. 2 MR. WALKER: Is this a pile and we can just 3 mark them at the end ofthe day or push them off 4 to the side? 5 MR. WATERS Yes, I don't care. 6 MR. KINGSLEY: Okay. 7 BY MR. WATERS: 8 Q Here is the Industrial Hygiene Digest from 9 February 1956, and there is one article, "Carcinoma of 10 the Lung in Asbestosis Report of Two Additional 11 Cases." Do you see that? 12 A Yes. 13 Q And the same journal, "Asbestosis and 14 Pulmonary Carcinoma in an Asbestos Spinner Lopes on 15 the Induction of Lung Cancer by Asbestos Fibers." Do 16 you see that? 17 A Yes. 18 Q And that would have provided additional 19 information to Alcoa --that would have provided 20 additional information to Alcoa concerning the 21 potential for asbestos to cause lung cancer as of 22 1956? 23 A Ifwe have to weigh the evidence ofthe 24 total picture. 25 MR. WATERS: Let me object as P a s e 10O - Ptre 10S T r r 'n e r 'U T T y r T M W hatley vs. A lcoa___________ _______________________________________ T hom as B. B onney; F e b ru a ry 25,1998 Page 104 Page 106 1 non-responsive. 2 MR. KINGSLEY: For the record, this is ARO 3 109. 4 Q Sir, the Industrial Hygiene Digest, 5 February 1956, that we just looked at, contains two 6 additional references to asbestos causing lung 7 cancer. Did we just review that? 8 A Yes. 9 Q And that would have provided additional 10 information to Alcoa concerning the connection -- the 11 cancer connection between asbestos and lung cancer; is 12 that not true? 13 A Well, it would certainly get our attention, 14 but it certainly wasn't conclusive at that time. 15 Q Do you recall, sir, as you sit here today 16 that these articles did in fact get your attention and 17 became a source of some issue or discussion? 18 And ifyou don't have a specific 19 recollection, I appreciate that. I just need to ask 20 you the question. 21 AYes. 22 As the studies came in in the late '60's, 23 it was obvious that there was something more there. 24 MR. WATERS: Let me object to the 25 non-responsiveness. 1 industrial, whatever you're reading from, I 2 wasn't speaking of numbers. 3 MR. WATERS: Let's start over. 4 BY MR. WATERS: 5 Q Here, sir, is another industrial hygiene 6 digest from September of 1956, and this, again, would 7 be one ofthe digests that would have crossed your 8 desk presumably in that time frame, sir? 9 AYes; 10 Q And it indicates on page 29, a new article 11 entitled, "New Viewpoints on Pulmonary Cancer in 12 Asbestos Workers." Do you see that, sir? 13 AYes. 14 MR. WATERS: Let me point further --go 15 ahead. 16 MR. KINGSLEY: It's ARO 111. 17 Q Let me show you, sir, what we will mark as 18 Alcoa 8, which is a letter addressed to Mr. Cralley, 19 actually Dr. Cralley, I apologize. Well, maybe it's a 20 different Cralley, this indicates Department of Plant 21 Pathology* University of Arkansas. Is that the same 22 Cralley? 23 A That's a third one. 24 Q Oh. 25 A It's not one of the above. Page 105 1 Q My question is, sir, going back to the 2 middle 1950's, do you recall that this was a subject 3 of some concern based on what you had seen or were 4 seeing in the literature? 5 A I would say it was not of great concern, it 6 was of interest, but it was not associated with the 7 uses as we had them in Alcoa. These studies were 8 mostly mining, milling and textile. 9 MR. WATERS: Let me object to the 10 non-responsive portion. 11 Q Fair statement, sir, that regardless of 12 these articles and this additional information, 13 asbestos, as you stated earlier, continued to be a low 14 priority until the late 1960's? 15 AYes. 16 Q Here's one from September of 1956. 17 MR. WALKER: Could you identify it, 18 please? 19 MR. WATERS: Yes. I don't really want this 20 identification in my question. I will be happy 21 to identify it after my question because I don't 22 want the jury gobbledy gooked up with a bunch of 23 extra numbers. 24 So I will be happy to do it -25 MR. WALKER: You said "here" from the Page 107 1 Q I understand. Okay. 2 Were they triplets? 3 A No. Two of them were identical twins and 4 he had several other brothers. 5 Q Okay. In any event, in this July 27,1956 6 correspondence, Mr. Stout, the Works manager, with a 7 copy to Dr. Lester Cralley, working with you in 8 Pittsburgh, sends this letter to apparently a 9 pathologist named another Dr. Cralley, who is related 10 to the Dr. Lester Cralley; correct, sir? 11 AYes. 12 Q And he states, "On June 26,1956,1wrote 13 to you suggesting that you might defer your report on 14 our problem until you had an analysis of dust. I have 15 just talked with your brother" - that would be the 16 Cralley that worked with you; correct, sir? 17 Is that correct? 18 A I would guess. 19 Q - "who has now returned from his vacation, 20 and he suggests that your report might appear to the 21 general public to possibly be biased ifyou knew the 22 analysis of the material. He suggests, and I concur, 23 that you not include the analysis in your report, but 24 we will attach the analysis here to the report as an 25 addendum." T hom as B. Bonney; F eb ru ary 25,1998___________________________________________________W h atley vs. Aleoa Page 108 Page 110 1 First of all, did I read that correctly? 2 A.Yes. 3 Q Okay. And what Mr. Stout is saying to 4 this Dr. Cralley, and at the same time telling 5 Dr. Cralley at Alcoa, is that he doesn't want the 6 doctor's report to appear biased, so he doesn't want 7 the general public to know that Dr. Cralley had seen 8 the analysis; isn't that correct? 9 MR. WALKER; I object. 10 A I am not sure I know what that means. 11 MR. WALKER: The document speaks for 12 itself, best evidence rule. 13 Q You don't know what that means; do you? 14 A No. 15 Q You would agree with me, however, that it 16 would be very improper, if not unethical, for someone 17 to pretend that they had not seen an analysis so that 18 others might not think that their report was biased; 19 that would be improper, wouldn't it, sir? 20 MR. WALKER; I object to the form ofthe 21 question, the predicate is not in evidence, 22 obviously that letter says that the survey or 23 whatever it is is going to be attached to the 24 report, so there is no hiding from the general 25 public. In fact, it might give more information 1 AI do not necessarily see that as an 2 improper report. 3 MR. WATERS: Objection, non-responsive. 4 Q My point, sir, is if this is improper and 5 the jury in this case determines it is improper, you 6 would agree with me that Dr. Cralley was involved in 7 it on behalf ofAlcoa? 8 MR. WALKER: I'm going to object. 9 Argumentative, it's highly speculative 10 argumentative, highly speculative, calls for an 11 answer that is incapable of answering based upon 12 any facts in this case. 13 A I don't think it's capable of an answer. 14 Q Certainly Dr. Lester Cralley, who is copied 15 on this letter is your boss at Alcoa; correct? 16 A Yes. 17 Q And you don't have any reason to dispute 18 that Dr. Cralley, Dr. Lester Cralley would have 19 received this correspondence? 20 A I have no reason to doubt that. 21 Q Sir, were you aware that the State of Texas 22 adopted as state law the threshold limit values that 23 we have been previously discussing? 24 A I wasn't aware ofit, no. 25 Q Let me show you this document, Page 109 1 to the general public. 2 Q You may answer my question, sir. 3 A Depends on how you interpret that, and I am 4 not sure I know how to interpret that. 5 Q Well, let's interpret it in the simple 6 way. Let's talk about what the words say. He's 7 telling Dr. Cralley that his report might appear 8 biased if it's known that he reviewed the analysis 9 before he issued his report; correct? 10 A He may wish an evaluation, a conclusion 11 before he knew what the material was in it. I don't 12 know. I just don't understand what that was all 13 about. 14 Q Certainly you would agree with me, sir, 15 that it would be improper or incorrect for a physician 16 to issue a report and to tiy to avoid potential for 17 the public perceiving bias by pretending he hasn't 18 seen some significant material, you don't think that 19 would be proper; would you? 20 A If it were significant to the evaluation, 21 it would be improper. It would be. 22 Q And if this improper procedure took place, 23 it would appear that Dr. Lester Cralley, the 24 Pittsburgh office ofAlcoa, was aware of it since he 25 is copied on the letter? Page 111 1 "Occupational health regulations, maximum permissible 2 concentrations of atmospheric contaminants in places 3 of employment." Do you see that? 4 A Yes. 5 Q And the effective date, sir? 6 A July,'58? 7 Q Yes, sir. 8 A All right. 9 Q And it talks about health hazards to all 10 workers and industrial diseases and injuries; correct, 11 sir? 12 Do you see that? 13 A Yes. 14 Q Issued by the Texas Department of Health, 15 Division of Occupational Health in Austin, Texas? 16 A Yes. 17 Q And it has a little Texas seal there. Do 18 you see that? 19 A I see the seal. 20 Q And you are aware from your own knowledge 21 that in 1958 the threshold limit values included a 22 reference to asbestos as one ofthe substances for 23 which the threshold should not be exceeded, are you 24 aware ofthat, sir? 25 A Exceeded is what I am struggling with here. Pacrp 108 - P a n s 111 T5'nn<sr'T?TPTTM -------- - W hatley vs. Alcoa Page 112 1 Shortterm excursions are permissible. 2 MR. WATERS: Objection, non-responsive. 3 Q My question, and I apologize if I made it 4 too confusing, my question simply put is, sir, as of 5 1958 you were aware that asbestos was one ofthe 6 regulated substances under the threshold limit values 7 that had been promulgated by the ACGIH? 8 A Yes. 9 And we used those just as Texas do. 10 Q And, for example, you have a listing for 11 toxic dusts, fumes and mists, doyou see that? 12 A Yes. 13 Q And the TLV for asbestos at that time would 14 have been five million particles per cubic foot? 15 A Right. 16 Q I take it from your earlier testimony, 17 sir, that you were not aware that those values had 18 the force of law in the State of Texas as of 19 July 1,1958? 20 A I was not aware ofthat. 21 Q That is information that you would have 22 expected your local supervisory personnel at Rockdale 23 and Point Comfort to be aware of? 24 A If anyone knew it, they would know it, yes. 25 Q Any reason you can think ofwhy they would Thom as B. Bonney; F ebruary 25,1998 Page 114 1 get anyone excited. My objection, as I stated 2 earlier, because there was some pending objection 3 to it before it was read back, of course I object 4 to it that the proper predicate has not been 5 laid, that particular law defines exposure, Mr. 6 Bonney has not had the benefit of reading that 7 exposure level, so as such a proper predicate has 8 not been laid for him to meaningfully answer the 9 question. What I was tiying to - attempting to 10 do before -- anyway, what I was attempting to do 11 was show him the levels that that law addresses. 12 And if you will ask him, I think he has the right 13 to read the entire document or any portion of the 14 document that you are going to question him on so 15 the proper predicate will be laid. 16 MR. WATERS: I am not questioning from the 17 document. I mean, I have stated my question, it 18 has been read back twice. 19 Q Do you need it read back again? 20 A No. 21 Q Would you please answer my question? 22 Do you know of any reason? That was the 23 question. 24 A I don't know the reason, but the only one I 25 can possibly think of is that it didn't have that much Page 113 1 not have been aware as of July 1,1958 or shortly 2 thereafter that there were limits above which persons 3 should not be exposed? 4 MR. WALKER: Again, I object to the 5 predicate of it because exposed as set out in 6 that particular regulation. 7 Q Okay. You may answer. 8 A I don't know whether that was well enough 9 known for them to be aware of it. 10 MR. WATERS: Objection, non-responsive. 11 Can you read that one back for me? 12 (Record read.) 13 MR. WALKER: (Unintelligible). 14 MR. WATERS: Okay. You can do that after I 15 have finished my question. Ifyou want to ask 16 him a question, you can. There is a question 17 pending, ifyou have an objection, feel free to 18 make it, ifyou we need to call Judge 19 Landsburger, we will do it. But there is a 20 question, it is a proper question, I asked it 21 once, I had it read back a second time, you asked 22 for it a third time, and I appreciate an answer 23 to my question unless you have some further 24 objection. 25 MR. WALKER: Excuse me, I didn't mean to Page 115 1 publicity in the state. 2 MR. WALKER: I object as being 3 non-responsive. 4 MR. WATERS: Do you want to look at that 5 some more? 6 MR. KINGSLEY: Can you identify it, there 7 is an exhibit number in the lower 8 MR. WATERS Yes. That's not a good way to 9 identify it. It's better to identify it as the 10 Texas 1958 TLV, because this means nothing, it's 11 just a sticker on it. Ifyou want a copy of it, 12 we will get that to you. 13 MR. KINGSLEY: Okay. 14 Can we leave this out, we may have some 15 questions about it later? 16 MR. WATERS: All right. 17 BY MR. WATERS: 18 Q Do you recall, sir, that the threshold 19 limit values with respect to asbestos were established 20 not to address possibility or the probability of lung 21 cancer, but rather to address the potential for an 22 individual to develop asbestosis? 23 A Yes, I recall that was the reason. 24 Q The purpose of the TLV's, notjust with 25 asbestos but with other materials as well, was not to T hom as B. Bo--nney; *F -e-b--r-u--a-r^y 25,1998________________________________________________________ Wrmh-m.uait/liei/yj vso. rAvliLteUoda Page 116 Page 118 1 safeguard against the development of occupational 2 cancers, but rather to safeguard against the 3 development of nonmalignant diseases; is that correct? 4 A.To safeguard against nonmalignancies and to 5 minimize problems associated with nuisance. 6 Q Were you a member ofthe ACGLHyourself? 7 A No, I was not. 8 Q Let's look at the industrial hygiene 9 digest, March of 1960, reference to "morbidity and 10 pathology oflung cancer with asbestosis." Do you see 11 that? 12 A Yes. 13 Q What is morbidity? 14 A Illness. 15 Q Here's another one, from the same 16 abstract -- let me start over, same abstract series, 17 Doctor, excuse me, Mr. Bonney, "Are silicosis and 18 asbestosis predisposing causes of cancer ofthe 19 lung?" Do you recall that article being reviewed 20 during your tenure at Alcoa? 21 A No, I don't recall. 22 MR. KINGSLEY: Can you identify this one, 23 too? 24 MR. WATERS Sure, ARO 117. 25 Q Let's take a look at what we will call 1 these rings." 2 Do you recall, sir, that the State of 3 California instructed Alcoa not to do this work 4 because it violated the threshold limit values? 5 A I am not aware ofthat, no. 6 Q Do you recall any concern from the State of 7 California about the work that you were doing? 8 A No. 9 Q You don't recall this document at all? 10 A Not at all. 11 Q I take it that this was not among the 12 documents that was provided to you by the Alcoa 13 lawyers that they paid you to review and in 14 anticipation ofyour testimony? 15 A I don't recall seeing that document. No. 16 Q Do you recall there being a problem 17 generally in California because health officials were 18 concerned that you were sawing marinite material and 19 it was creating dust levels vastly in excess of 20 threshold limits? 21 A I don't interpret that from that letter, 22 but to answer your question, no, I am not aware of 23 that. 24 Q Okay. 25 And I take it you were not -- the Alcoa Page 117 1 Alcoa 9, handwritten note from the corporate files 2 dated 12-26-61, "Attached is a letter and photo from 3 Massina showing a marinite hole saw for sawing rings 4 in the machine shop. The State of California may be 5 giving us a lack of consideration by our not being 6 able to saw these rings. Would you please read the 7 letter and give it your consideration, reference, 8 Bonny's letter ofNovember 13,1961," it's signed by 9 Mr. Allen. 10 Firstly, did I read that correctly? 11 A Yes, as far as I can see. 12 (Thereupon, Alcoa Deposition Exhibit No. 9 13 was marked for identification.) 14 Q Do you recall, sir, in late 1961 that there 15 was a concern from the State of California that the 16 State of California would not allow Alcoa to saw this 17 marinite material because ofpotential hazards from 18 the asbestos? 19 MR. WALKER: I am sorry, does the letter 20 say that or 21 MR. WATERS: If he recalls that. 22 A I am not sure I could interpret that way, 23 too. 24 Q "The State of California may be giving us a 25 lack of consideration by our not being able to saw Page 119 1 lawyers did not pay you to review some ofthe 2 documents that you reviewed and generated concerning 3 that issue? 4 A How can I answer that; how can I say that? 5 Q Well, you looked at these two boxes of 6 documents, correct, over the course ofthe last 7 several weeks, and I take it from your responses as we 8 sit here today that those documents did not include a 9 series of correspondence involving California health 10 officials very concerned that you were overexposing 11 Alcoa workers to asbestos dust. 12 MR. WALKER: I am going to object, proper 13 predicate hasn't been laid. There is no evidence 14 that California officials were very concerned. 15 MR. WATERS: We have got that, I'just want 16 to hear the answer before I start showing him the 17 documents. 18 MR. WALKER: Again, I am objecting to the 19 question where a proper predicate hasn't been 20 laid because it's not in evidence. 21 Q You may answer the question, sir. 22 A I was not aware of it, I didn't see that 23 document. 24 Q Those documents that we are about to look 25 at concerning the Vernon plant and the health Pace 116 - Pace 119 E C O S G R IP T TM Tma 1 QQ7 W hatley vs. Alcoa Page 120 1 authorities concerns were not given to you by Alcoa to 2 review to provide your testimony; is that correct? 3 MR. WALKER: Excuse me, documents that he 4 hasn't seen? 5 MR. WATERS: Yes, because you didn't give 6 them to him. 7 MR. WALKER: No, I thought you said 8 "documents we are about to review," you did have 9 them reviewed? 10 MR. WATERS: That's correct. 11 MR. WALKER: I guess that calls for 12 speculation because he doesn't know what 13 documents you are about to give to him. I object 14 on that ground. 15 You can go ahead and answer. 16 Q I will clarify the question for you. 17 Sir, we are about to review for the benefit 18 ofthe jury a series of correspondence from late 1961, 19 early 1962 where California health authorities were 20 Very concerned that Alcoa was overexposing its workers 21 to asbestos dust. Now, before we begin that review, 22 do you have any independent recollection ofthat 23 process? 24 MR. WALKER: I am going to object to the 25 proper predicate as not in evidence that the Works, Thomas B. Bonney; F eb ru ary 25,1998 _____ Page 121 Page 121 1 California officials were very, very concerned. 2 A I just can't recall anything ofthat 3 nature. 4 Q And in the several boxes of materials that 5 were provided to you by the Alcoa lawyers for which 6 you charged them $125 an hour to review, am I correct, 7 sir, that that did not include the series of 8 communications that you were involved with from '61 9 and '62 on this problem? 10 A At least the two letters that you showed me 11 I hadn't seen before. They were not presented. 12 Q Well, sir, I apologize for interrupting. 13 Will you agree with me, sir, that in the event that 14 the Alcoa lawyers had provided you those materials, 15 you would have seen them when you reviewed these two 16 boxes of documents and they would be somewhat fresh in 17 your mind? 18 A Very likely would. 19 Q So can we presume from that, sir, that the 20 Alcoa attorneys did not provide you these documents? 21 A I think I have to wait and see what's 22 coming up. 23 Q Okay. That's fair enough. 24 Let's start with Alcoa 10. From someone at 25 the Vernon Works to someone else at the Vernon Page 122 1 Mr. Regehr at the Vernon Works --did you know 2 Mr. Regehr? 3 A Yes. 4 (Thereupon, Alcoa Deposition Exhibit No. 10 5 was marked for identification.) 6 Q January 16,1962, "Reference: Visit by the 7 Vernon Health Department. On January 12 Mr. Hilton 8 and Hougen of the Vernon Health Department visited the 9 Pattern Shop to inspect facilities for sawing 10 marinite. They made the following recommendations: 11 That an exhaust systems similar to the one in the 12 enclosed drawing be used to increase dust velocity. 13 That an exhaust system be placed over the top of the 14 table. That better sealing be made around the exhaust 15 system. That the ducting system be reviewed to 16 eliminate sharp curves and branch ducts. That brushes 17 be installed on the saws to remove marinite adhering 18 to the band saw blade. 19 "Mr. Hilton stated that the exhaust systems 20 on the other two band saws were quite good. He also 21 said that our present method for cutting large 22 marinite sheets outside was satisfactory." 23 First of all, did I read that correctly? 24 A Yes. 25 Q Do you recall, sir, that the maranite T hom as B. B onney; F eb ru ary 25,1998___________________________________________________ W hatley vs. Alcoa Page 123. Page 125 1 product was one that was used extensively at many 2 Alcoa facilities in this time frame? 3 A Yes, I was. 4 Q And it was product that was made by the 5 Johns-Mansville Corporation; correct, sir? 6 A Yes. 7 Q It was a product that was 50 percent 8 asbestos? 9 A The exact percentage, I don't know. It 10 could well be. 11 Q Next we have Alcoa 11, memo from Mr. Regehr 12 to Dr. Cralley. That's your boss; correct, sir? 13 AYes. 14 (Thereupon, Alcoa Deposition Exhibit No. 11 15 was marked for identification.) 16 Q And looks like TB initials are there, and 17 you reviewed this, right? 18 A No reason to doubt it. 19 Q And it's regarding the visit by the Vernon 20 Health Department. 21 "Some time ago we equipped one of our 22 Pattern Shop band saws with exhaust system for the 23 purposes of sawing 'marinite.'After a number of 24 experiments, we finally decided to discontinue this 25 practice and have sent our work to outside shops. The 1 A No, I do not agree. You have to use time 2 weighted average, and then I would agree with you 3 then. 4 Q So this to you, Mr. Bonney, a professional 5 industrial hygienist in 1951, this is perfectly safe, 6 is that what you are telling this jury? 7 M R WALKER: Again, I'm going to object to 8 the proper predicate hasn't been laid. What does 9 "this" mean? 10 Q You can answer. 11 A I am not saying it's perfectly safe, 12 whether it is or whether it isn't, I am saying it's 13 within the limits. 14 Q So you wouldn't be concerned by this 15 figure? 16 A I wouldn't be concerned. I think I would 17 like to see it lower, just if it were pure nuisance 18 dust, I would. 19 Q Let's look at the next one. This one, 20 30 million particles per cubic foot. Mr. Bonney, 21 Alcoa, reason for concern? 22 A That's higher than I would like to see, no 23 question there. 24 Q That's a dangerous level, isn't it, 25 Mr. Bonney? Page 124 1 attached datasheets indicate the reason for our 2 decision." 3 And the attached datasheets demontrate, for 4 example, here, 9.5 million particles per cubic foot 5 and their analysis for asbestos fiber during the 6 cutting, do you see that marinite sawing right there? 7 AYes. 8 Q Okay. Now, you would agree with me, sir, 9 that that is close to being twice the threshold limit 10 value? 11 A No. No. 12 Q 9.5 is not close to twice five? 13 A Well, this is a ten minute sample, and you 14 are allowed excursions by at least twofold, so that 15 would be within the top. 16 MR. WATERS: Let me object to the 17 non-responsiveness. 18 Q Sir, will you agree with me that 9.5 19 million particles per cubic foot is twice the five 20 million particles per cubic foot stated to be the 21 maximum allowable concentration? 22 MR. WALKER: I'm going to object to asked 23 and answered, you asked that question and he 24 sufficiently answered it last time. 25 Q You may answer, sir. Page 126 1 A I wouldn't call it dangerous necessarily. 2 Threshold limits aren't stop-go limits, they are as 3 they are implied, thresholds ofthe area around where 4 they might be concerned. When they're put in a 5 regulation, that might be something different. When 6 they were put into a regulation, that would be 7 something different. 8 Q So, for example, if these results were 9 found at Rockdale, where we have already seen that 10 Texas adopted the five million particle regulation, 11 that would be a cause of greater concern, is that a 12 fair statement? 13 A It would be the same concern regardless of 14 where the sample was taken. 15 Q Okay. 16 M R KINGSLEY: When you talk about concern, 17 are we talking about contemporaneous with the 18 document? MR. WATERS: The question is what it 19 is, i can only ask the questions. I am asking 20 about his concern, he is expressing his response, 21 if he wants to qualify it in terms of time, he is 22 entitled to do that. 23 Q No greater concern on your part, Mr. 24 Bonney, regardless ofwhether or not a state has 25 adopted as a regulation the threshold limit value; is P aee 123 - Pmre 12fi prn<ar'T?TP,rTM / n \ cu. _.. Whatley vs. Alcoa Page 127 1 that a fair statement? 2 A That's right. 3 Q Because it's the safety ofthe employees 4 that's paramount; correct, sir? 5 A That's right. 6 Q It goes on to state, "Subsequent to receipt 7 ofMr. Allen's memo, I had an opportunity to discuss 8 the matter casually with Mr. Hilton ofthe Vernon 9 Health Department, I assured him we were no longer 10 sawing 'maranite'but might decide to do it again at 11 some future time if there was a reasonable solution to 12 the problem." Did I read that correctly? 13 AYes. 14 Q Does it appear, sir, that Mr. Regehr, as a 15 result ofthe concern expressed by the health 16 department, stopped this process because it was 17 considered to be unsafe? 18 A It would appear that way. 19 Q Fair enough. And Mr. Regehr communicated 20 to headquarters at Alcoa through Mr. Cralley that at 21 Vernon they had decided to stop sawing maranite 22 because ofthe high values of asbestos dust that 23 resulted from the operation. Mr. Cralley would have 24 been aware ofthat, correct, sir, since he received 25 this memo? Thom as B. Bonney; F eb ru ary 25,1998 Page 129 1 in terms of TLV as to whether they were 2 a one-time only TLV or eight hour TLV, and that's 3 the substance ofyour question because it's 4 indicated they were in excess of TLV which might 5 have been an eight hour TLV. The proper 6 predicate hasn't been laid. 7 Q You can answer the question, sir. 8 A Better read that one back. 9 Q Let me ask it again, it was kind oflong. 10 You will agree with me, sir, that based on 11 this letter, it would appear that Alcoa had in place a 12 local exhaust system of some sort that was designed to 13 suck away some portion of the dust; correct, sir? 14 AYes. 15 Q And despite that fact, we still had values 16 that you personally indicated you thought some of 17 which would have been of concern; isn't that correct? 18 MR. WALKER: I am going to object, assumes 19 evidence not in fact as to whether it was being 20 properly operated or things ofthat sort, what 21 particular type it was. 22 A Well, I know nothing about the ventilation 23 system, per se, was it a good one or a bad one. 24 Q Well, there was a ventilation system that 25 was designed to remove some significant portion of the Page 128 1 AYes, he would be. 2 (Thereupon, Alcoa Deposition Exhibit No. 12 3 was marked for identification.) 4 Q Next we have Alcoa No. 12. Looks like a 5 72. Three-page letter addressed to Mr. Regehr at the 6 Alcoa plant in Vernon on the letterhead of the City of 7 Vernon Department of Public Health. Do you see that? 8 AYes. 9 Q And it says, "Subject: Preliminaiy study 10 of a proposed 'marinite' cutting operation in the 11 pattern shop." Do you see that? 12 AYes. 13 Q It says that, "The pieces of 'marinite' 14 were cut on a band saw which is provided with a local 15 exhaust connection to the lower pulley housing and a 16 small hood." Do you see that there? 17 AYes. 18 Q So the marinite that was cut and that 19 resulted in these excessive values, these values that 20 exceeded the TLV's, those results were even though or 21 even despite the fact that they had localized exhaust 22 there to assist in sucking away some portion ofthe 23 dust? 24 MR. WALKER: I object to the form ofthe 25 question. The proper predicate hasn't been laid Page 130 1 dust, sir, isn't that correct? 2 A But they don't always do what they are 3 supposed to do, so I don't know that you could say 4 that it is a state-of-the-art type ventilation 5 system. 6 Q What we do know, sir, that is whatever 7 local exhaust system they had that was presumably 8 designed to suck away some of the dust either didn't 9 work very well or the levels resulting from marinite 10 cutting are extremely high, one or the other; correct, 11 sir? 12 A Or both. 13 Q Or both. Fair enough. 14 On page 2 the Department of Public Health 15 makes a series of recommendations in the event Alcoa 16 decides to again in the future cut this marinite 17 board. Do you see that, it says "Recommendations" 18 there? 19 AYes. 20 Q And No. 5 there on page 3 is, "Iflarge 21 pieces of'marinite' are cut out of doors, the 22 operator should be provided with a respirator approved 23 for use against toxic dust." 24 Now, would you agree with that 25 recommendation, sir, as of 1962? Thomas B. Bonney; February 25,1998 Page 131 l ASure. 2 QOkay. 3 And the reason is that cutting marinite can 4 give off excessive amounts of asbestos dust; correct, 5 sir? 6 A The reason is that it generates too much 7 dust, asbestos or otherwise. 8 Q And so this author is recommending, and I 9 am understanding that you agree that respirators ought IO to be given to people doing this operation that 11 protect or are approved for use against toxic dusts, 12 and that would include asbestos; correct, sir? 13 AYes. 14 MR. WALKER: I am going to object, proper 15 predicate hasn't been laid, that was addressing a 16 specific method of cutting marinite, and your 17 question was just addressed generally. 18 Q All right It goes on to state that the 19 Department of Public Health is telling Alcoa the 20 operation, and this, again, is cutting the marinite 21 out of doors, should be conducted so that all dust 22 produced will be blown away from windows, doors and 23 air intakes so that other workers will not be exposed, 24 so you see that? 25 Now, would you agree, sir, with the W hatley vs. Alena Page 133 l self-explanatory, previous correspondence was sent to 2 you in January, okay, this is really just a 3 transition. 4 (Thereupon, Alcoa Deposition Exhibit No. 14 5 was marked for identification.) 6 Q Then we have Alcoa 14, and this is when you 7 appear to get involved. Now, let's just stop there. 8 The documents we have looked at so far, that it 9 appears were circulated to you, am I correct, 10 Mr. Bonney, that as ofthat date, early 1962, you l l would have been aware that there was at least a 12 potential hazard from sawing of the marinite asbestos 13 material to those who might be sawing it as well as 14 those those who might be in the vicinity? 15 AYes. 16 Q Okay. 17 And to the extent, sir, that you relied 18 upon the threshold limit value, will you agree with 19 me, sir, that that reliance would do nothing with 20 respect to individuals who might develop cancer? 21 A Again, let's look at a time frame. We 22 would consider that today, yes, but when these 23 incidents occur, no. It would be little more than a 24 nuisance material, much like silica, but without the 25 continuous exposure. Page 132 l Department of Public Health in 1962, when they express 2 concern about other workers, not necessarily workers 3 cutting the material, creating the dust, but other 4 workers who might be in the vicinity or inside the 5 building, actually, is that a concern that you at 6 Alcoa would have shared? 7 A This is standard industrial hygiene 8 practice. 9 Q And the reason - am I correct, sir, that IO the reason for that standard industrial hygiene 11 practice is so that bystanders who might he in the 12 vicinity ofthe cutting of asbestos materials, so that 13 they can avoid exposure? 14 AYes. 15 Q And this piece of information is just as 16 valid in 1952 as it is in 1962, isn't it? 17 AYes. 18 (Thereupon, Alcoa Deposition Exhibit No. 13 19 was marked for identification.) 20 Q Next is Alcoa 13. It's again to 21 Dr. Cralley from Mr. Regehr, discussing the same 22 subject, appears that you reviewed this memo, as well? 23 AYes. 24 Q Attached is a photostatic copy of a letter 25 from the Department of Health which is Page 134 l Q Okay. You knew in the I950's, or late 2 I940's that the TLV's were not designed to stop the 3 development of cancer; correct, sir? I think you have 4 already told us that. 5 A We knew only that it was supposed to 6 prevent asbestosis, that was all we knew. 7 Q You also knew as ofthe early I950's that 8 there was at least alleged to be a significant 9 connection between asbestos and cancer based on the 10 materials received from the IHF, et cetera; isn't that l l true? 12 A Alleged, perhaps, significant, no. 13 Q You had a substance that you knew at least 14 it was alleged that there was peer reviewed articles 15 in the literature stating or suggesting that asbestos 16 could cause cancer, you knew that as of 1955 and 17 Doll's study; correct, sir? 18 A First, I am not sure all were peer 19 reviewed. Second, like I referred to this earlier, 20 Doll's study was not considered a definitive study 21 until late in the '60's, when his study was confirmed. 22 MR. WATERS: All right. Let me object as 23 non-responsive. Let me ask her to read the 24 question back. 25 (Record read.) P ag e 131 - P age 134 F.riO SPRTPTTM T _____1 r\ t\ n W h atley vs. A lcoa______ ____________________________________________ T hom as B. B onney; F e b ru a ry 25,1998 Page 135 Page 137 1 A I was aware that the Doll study said there 2 was association of cancer with asbestos. 3 Q Going back to Alcoa 14, which is your 4 memorandum on the subject, you go on to tell the 5 people in California that there may be several good 6 reasons for ventilating the saw but that the decision 7 to ventilate it cannot be made on the basis of its 8 being a health hazard, do you see that? 9 A Yes. 10 Q And you advised Mr. Regehr at that time 11 against spending the money to get this additional 12 equipment because you didn't consider this to be a 13 health hazard; is that a fair statement? 14 A It appears what I am saying there. 15 Q Okay. At the end ofyour communication you 16 state, "Although it may not be important in this case, 17 a realistic appraisal of potential hazards and the 18 judicious use of threshold limit values may be 19 extremely important in other instances. Whether or 20 not costly controls are to be installed may depend on 21 a careful analysis of each individual problem." 22 Did I read that correctly? 23 A Yes. 24 Q Is that a fair summary of Alcoa's corporate 25 policy as of February 8,1962, when it comes to 1 Q But that was part and parcel ofyour duties 2 at least in the early 1960's, was it not, sir? 3 A We would help our compensation people to 4 determine if some occupational disease might be 5 related or some disease might be related to the 6 occupation. 7 Q And you would also assist the legal 8 department in that regard? 9 A We had very little contact with the legal 10 department at that time. 11 Q Is that, sir, I quote again, "Another 12 possible objective is that of being able to disprove 13 alleged injury." Is that, sir, one ofthe purposes 14 for your engagement by Alcoa in this case? 15 MR. WALKER; Would you mind showing him 16 what you are reading so he can understand you? 17 You might want to read the full context of the 18 paragraph. 19 A This is a problem when you're picking 20 out-21 MR. WALKER: Would it be helpful to you, 22 Mr. Bonney, to read the entire letter? 23 THE WITNESS: Very much so. 24 Q All right. Do you remember the question? 25 I will try to rephrase it. Page 136 1 determining whether or not costly engineering or 2 environmental controls should be installed? 3 A The need for environmental controls would 4 be based on our evaluation ofthe hazard. At the time 5 I considered that was not a great hazard. 6 Q Okay. Let me object as non-responsive. 7 Can you read the question back to him? 8 I was asking about the corporate policy. 9 (Record read.) 10 A I am not sure any policies ofthat nature 11 existed at that particular time. 12 Q That would have been your policy? 13 A Our interpretation ofthat situation at 14 that time. 15 Q Okay. You indicated in the foregoing 16 paragraph that another possible objective following 17 the TLV's is that ofbeing able to disprove alleged 18 injury. Do you see that? 19 A Yes. 20 Q Was that something that you as an 21 industrial hygienist had concern about on behalf of 22 Alcoa to try to assist Alcoa in disproving that an 23 individual's injury was the result of his employment? 24 Was that in your job description? 25 A Not in the job description, no. Page 138 1 A No, let's go back again. 2 Q Sure. You talk about in this paragraph 3 about using the TLV's. Do you see that? 4 Flexibly and sensibly. 5 Then you go on to state that another 6 possible objective in that regard is that ofbeing 7 able to disprove alleged injury. Do you see that? 8 A Yes. 9 Q And what you are saying there, I presume, 10 is that, "Hey, if it appears that we are following or 11 adhering to the threshold limit values, we may be able 12 to disprove that a person's injury was caused by this 13 exposure." That's what you are saying there; isn't 14 it? 15 A Yes. Yes. 16 Q Okay. 17 A I may have known that Mr. Regehr had a 18 compensation responsibility, but in all of this, I 19 have said that this does not exceed the threshold 20 limit value, the exposures. 21 Q I understand. 22 MR. WATERS: I object to the non-responsive 23 portion. 24 Q You go on to state, "Without strict 25 adherence to the TLV's, this latter, that is to say Thom as B. Bonney, F ebruary 25,1998 ______________________________________________ Wn uhuautli ev yj vyds*. rAu lucuoaa Page 139 Page 141 1 trying to disprove alleged injury, this latter end 2 will be difficult to gain." Do you see that? 3 A Yes. 4 Q What you are saying is, "Ifwe don't 5 strictly adhere to the TLV's, it will be hard for us 6 to disprove that injuries are caused by exposures at 7 Alcoa;" isn't that what you are saying? 8 A Not to the TLV which is eight hour time 9 weighted average, but exceed the number that the TLV 10 is printed on. 11 Q You go on to state that, "The problem is 12 likely to be almost as great even with strict 13 adherence." Do you see that? 14 AYes. 15 Q What you are saying there is, "We may have 16 injuries anyway, the problem is likely to be almost as 17 great even if Alcoa does strictly adhere to the 18 TLV's." Isn't that what that says, Mr. Bonney? 19 A All I am saying is there you can't prove a 20 negative. 21 MR. WATERS: Let me object as 22 non-responsive. 23 Q This is taking a long time, and I 24 appreciate you are getting tired, and if you want to 25 take a break, you let me know. But the way it is 1 Q So your concern here is not with whether or 2 not you are injuring an employee, your concern is 3 whether or not you can prove or not prove that the 4 injury was caused by the exposure, that's what you are5 focused on here? 6 A That's the secondary focus. The first 7 focus is we are not injuring our employee, and the 8 second focus is we are not sure that you can prove 9 someone who alleges an injury. 10 Q So even ifyou strictly adhere to the TLV 11 one hundred percent, every single Alcoa plant, nobody 12 has an exposure over the TLV, if injuries result, you 13 are not going to be able to prove that they weren't 14 Alcoa's fault; isn't that a fair statement? 15 A Not a fair statement. It's not likely that 16 we will have any resulting harm to people if we do 17 conform to the TLV's. 18 Q Okay. 19 MR. WALKER: How much longer do we have? A 20 break sounds awful good. 21 MR. WATERS: I am happy to do that. We are 22 clearly not goingto get finished today, so a 23 break is fine. 24 THE VIDEOGRAPHER: This ends tape two of 25 the deposition of Thomas Bonney. We are offthe Page 140 1 supposed to work is I am supposed to ask the questions 2 and you are supposed to answer the questions I ask. 3 They will have an opportunity to ask you a lot of 4 additional questions down the road. 5 Let's go back to this. 6 "Without strict adherence to the TLV's, 7 this latter end, that is to say disproving alleged 8 injuries, will he difficult to gain, but the problem 9 is likely to be almost as great even with strict 10 adherence." 11 Am I not correct, sir, that what you are 12 stating is that even if Alcoa strictly adheres to the 13 TLV's, you are still going to have injuries or alleged 14 injuries? 15 A No, that's not what I say there at all. 16 Q What do you mean by that, sir? Maybe you 17 can explain that to the jury because that's sure what 18 it seems to mean to me. 19 MR. WALKER: I object as being an 20 argumentative question. 21 Q What problem is likely to be almost as 22 great even with strict adherence, what problem are you 23 referring to there? 24 A Trying to prove that you didn't cause 25 injury to the employee. Page 142 1 record. The time is 2:46 p.m. 2 (Recess taken.) 3 THE VIDEOGRAPHER: This begins tape three 4 ofthe deposition of Thomas Bonney. We are back 5 on the record. The time is 3:00 o'clock p.m. 6 (Thereupon, Alcoa Deposition Exhibit No. 15 7 was marked for identification.) 8 BY MR. WATERS: 9 Q Mr. Bonney, let me show you what has been 10 marked Alcoa 15, a letter from the Department of 11 Health to Mr. Regehr dated February 13 continuing the 12 sequence. And do you see where Mr. Regehr is told by 13 the Department ofPublic Health that approximately 14 50 percent ofthis marinite product is asbestos? 15 AYes. 16 Q And does that comport with your approximate 17 recollection of fact? 18 AYes. 19 Q It goes on to state, "In view of the above 20 analysis, we recommend that a Threshold Limit Value of 21 5 million particles per cubic foot of air be used when 22 designing controls and making studies of potential 23 exposures to this material. This value is based on 24 the asbestos content." 25 Now, do you -- first of all, did I read P aee 139 P aee 142 ECOSCRTPTTM ( ( T * \ Q f o n m r n f i n n c T a 1 QQ7 W hatley vs. Alcoa Page 143 1 that correctly? 2 AYes. 3 Q Is that a recommendation that you, 4 Mr. Bonney, agree with? 5 MR. WALKER: If it would be helpful to read 6 the whole letter, do that. If it wouldn't be, 7 that's fine, including the first page. 8 A I would say yes, I would agree with that, 9 with the exception I would add an eight hour time 10 weighted average, limit offive. 11 MR. WALKER: That's at the time the letter 12 was written? 13 A '62. 14 Q Would that have been your conclusion in 15 1962? 16 AYes. 17 (Thereupon, Alcoa Deposition Exhibit No. 16 18 was marked for identification.) 19 Q I show you Alcoa 16, which is a letter from 20 Mr. Regehr on February 16, a couple days later, to 21 Dr. Cralley referring to your letter of February 8. 22 "We have just received another letter from the Vernon 23 City Health Department which is attached and self 24 explanatory." That's the one you just looked at. "We 25 will do nothing further with respect to this subject Thom as B. Bonney; F ebruary 25,1998 Page 145 1 Q What he said there and what you are 2 agreeing is it doesn't matter ifyou have short-term 3 numbers that are in violation offive million 4 particles per cubic foot; isn't that correct? 5 You have got to look at the whole eight 6 hour day to be able to do that? 7 AYes. But I wouldn't say it doesn't matter. 8 Q Okay. 9 Well, he is indicating that it could be two 10 or three times, that is to say ten or 15 million 11 particles per cubic foot, and as long as it's just a 12 few hours, it's not a problem; isn't that what he is 13 saying? 14 A That, in essence, is what he is saying, 15 what the TLV committee says, as well. 16 Q What he is saying and what the TLV 17 committee is saying is that this is what is okay when 18 we are talking about pneumoconiosis, like asbestosis; 19 correct? 20 AYes. 21 Q But as we have already stated, the TLV, and 22 as you had indicated you knew beforehand, is that TLV 23 was not designed to addresses the possibility of 24 cancer; correct, sir? 25 A That is right. Page 144 1 until we have your comments on the attached letter." 2 And it looks like you were copied on this. Do you see 3 that? 4 AYes. 5 (Thereupon, Alcoa Deposition Exhibit No. 17 6 was marked for identification.) 7 Q Mr. Cralley writes back, says that, "I 8 certainly agree that a threshold limit value for a 9 weighted eight hour repeated daily exposure would be 10 five million particles per cubic foot;" correct? 11 AYes. 12 Q "One ofthe things we were anxious to 13 avoid, though, is misinterpretation ofthe meaning of 14 the threshold limit values for pneumoconiosis 15 producing dust. Certainly, atmospheric levels of 2 to 16 3 times the threshold limit value for repeated daily 17 exposures of 1 to 2 hours would be well within the 18 interpretation ofthis limit provided the individual 19 is not exposed to significant atmospheric levels of 20 other pneumoconiosis-producing dust during the day." 21 Did I read that correctly? 22 AYes. 23 Q And that summarizes your opinion, as well; 24 does it not? 25 AYes. Page 146 1 Q Mr. Bonney, I did not get an opportunity 2 earlier with you to run through the remainder of your 3 career. 4 Can you tell me, sir, what your title was 5 in the late '60's? 6 A Probably chief industrial hygienist then. 7 Q As ofthe late 1960's, would it be fair to 8 say that you were the senior industrial hygienist 9 working for Alcoa? 10 A Well, my supervisor, Lester Cralley, was 11 still around for a while. 12 Q When did he retire? 13 A I think it was around '70 or so. 14 Q And after he retired, what was your 15 position? 16 A I was chief. 17 Q Your position did not change? 18 A I became manager after that. 19 That is essentially the same. Manager of 20 industrial hygiene. 21 Q And what was Mr. Rumberger's position when 22 he was employed? 23 A Okay. He was manager of industrial 24 hygiene. I got out of the administrative end and went 25 into the purely technical things. Thom as B. B o n n e s F ebruary 25,1998 Page 147 1 Q All right. When Mr. Rumberger was hired to 2 be manager of industrial hygiene, am I correct, sir, 3 that he did not have any previous industrial hygiene 4 experience? 5 A That is right. 6 Q Was that a job that you wanted? 7 A I beg your pardon? 8 Q Was that a job that you wanted? 9 A Oh, no, no, I stepped out of it. 10 Q You didn't like the administrative aspect? 11 A You got it. 12 Q Was it difficult for Mr. Rumberger, who had 13 apparently 20 or 30 years with the company, but no 14 experience in industrial health and safety, was it 15 difficult, for him to step in and fill those shoes? 16 A I don't think so. We complimented 17 ourselves very well. He was a good manager and good 18 learner. 19 Q Would you agree with me, sir -- and what 20 time did Mr. Rumberger come in, early '70's? 21 A Probably '74, in that area. 22 Q Would you agree with me that in terms of 23 experience and expertise and practical knowledge, you 24 were the senior industrial hygienist, the person with 25 the most experience at Alcoa from the early 1970's W hatley vs. A lcoa Page 149 1 correctly, from your visits to Rockdale, is that there 2 was a small or limited amount of steam piping, 3 insulated steam piping? 4 A That is my impression. Yes. 5 Q Did you ever go down there to look 6 specifically at the asbestos problem? 7 A No, I did not. 8 Q Are you aware of any effort ever being made 9 to quantify the amount of asbestos in that facility? 10 A I know that in the '70's in all of our 11 plants we were trying to find out exactly what was 12 used and where it was used, and Rockdale would be 13 included. 14 Q Are you aware, sir, that in the 1950's, 15 1960's and 1970's that Rockdale, it was necessary on a 16 continuing basis for maintenance workers, pipefitters 17 to both remove and install asbestos-containing 18 insulation at Rockdale? 19 A I have no personal knowledge of that. 20 Q Are you aware ofthat, sir, regardless of 21 your personal knowledge from your general 22 understanding ofthe facility? 23 A I am not sure what you are driving at. I 24 understand the facility all right, what is going on 25 there. Page 148 1 until you retired in 1986? 2 AYes. 3 Q You indicated earlier that you have been to 4 the Rockdale facility on several occasions. 5 A That's right. 6 Q And you presumably have walked around and 7 done some inspections and things ofthat nature? 8 AYes. 9 Q We believe that the testimony in this case 10 that there are literally miles of steam piping 11 insulated with asbestos material at that facility. 12 And my question is if that comports with your 13 recollection ofthe facility? 14 MR. WALKER: During his last inspection or 15 can we have a time? 16 MR. WATERS: Any inspection. 17 A When you say literally miles of piping, 18 steam piping, it doesn't followwith my recollection, 19 no. 20 Q Do you think there is a lot of steam piping 21 there, or was when --in your tenure? 22 A My impression was that it would be a 23 relatively small amount. 24 Q Okay. 25 Your impression, if I understand you Page 150 1 Q And based on your number oftrips you have 2 made to the facility and whatever else you may have 3 heard from other Alcoa employees, are you aware that 4 it was necessary on a continuing basis and that there 5 were employees designated to remove and repair and 6 reinstall asbestos insulation during the time frame 7 from the '50's to the '70's? 8 A No. My personal knowledge is not such that 9 I know the detail. 10 Q Again, I am not asking you about your 11 personal knowledge, I am not asking what you saw, I am 12 not asking what you observed, I am asking if you 13 are aware or have that understanding. 14 A Well, I can say that steam pipes have to be 15 covered and occasionally pulled apart, that's about as 16 much as I can say. 17 I apologize. 18 Q And you were aware of that in the 1950's 19 and 1960's that steam steam piping systems were 20 insulated with asbestos? 21 A Well, I don't know whether we were or 22 weren't, we probably were, but again, it was never 23 considered to be anything of a concern at that time. 24 Q Would you also, sir, have been generally 25 aware that as a part and parcel of utilizing asbestos P age 147 - P age 150 ECOSCRIPTTM ( C ] ' \ Stpnnvofinwrt T* 1007 W hatley vs. Alcoa Page 151 1 insulation on steam piping systems, for example, that 2 it would be necessary from time to time to cut or saw 3 asbestos-containing products so that they could be 4 fitted properly? 5 A.Yes. I was aware that this was the case. 6 Q Am I correct that you do not have any 7 recollection ofAlcoa ever doing dust monitoring or 8 dust studies prior to the 1970's in order to determine 9 what levels of asbestos dust were created when that 10 cutting and sawing took place? 11 A That is correct. 12 Q Now, do you recall, sir, that in 1964 there 13 was an additional flurry of activity and concern about 14 the cutting and sawing of marinite material? 15 A Certainly was. 16 Q There was, you recall that one? 17 AYes. 18 Q Is it fair to say, sir, that before the 19 commencement ofyour deposition today you had recalled 20 the 1964 incident but did not recall the 1962 incident 21 that we discovered? 22 AYes. 23 Q All right. Fair enough. 24 For the record, the last letter we 25 discussed from --memo from Mr. Cralley was Alcoa 17. Thom as B. Bonney; F ebruary 25,1998 Page 153 1 the captioned marinite they experience some discomfort 2 on account of clogging of the sinus and difficulty in 3 breathing." Do you see that? 4 AYes. 5 What was the date on that? 6 Q March 9,1964. A couple weeks before your 7 memo attaching it. 8 Second page Mr. Speer says, "Will you 9 please arrange to have your division make this check 10 for us? We will arrange to give you advanced notice 11 when we will be machining marinite on the lathe, as we 12 consider this the most objectionable operation. If 13 there is additional information needed or if we can 14 help in any way, please let us know, Mr. Speer," 15 signed by Mr. Speer. 16 Now, did you know Mr. Speer? 17 A Yes, I know him. Not well, but the name 18 I know very well. I apologize. 19 Q Do you recall or do you know why they were 20 machining marinite on a lathe, cutting it on a lathe 21 at the laboratory; any recollection of that? 22 A Oh, yes. The laboratory had miniature 23 operations that mimicked what they did at the plants. 24 Q I take it from your earlier discussion that 25 you would disagree with Mr. Speer when he says that Page 152 1 Alcoa 18 is a memorandum from yourself to Mr. Thomas 2 McClintock at Vernon, March 3,1964. Do you see that? 3 AYes. 4 (Thereupon, Alcoa Deposition Exhibit No. 18 5 was marked for identification.) 6 Q And it discusses marinite and says, "Since 7 you have had similar problems in the past, you will 8 probably be interested in the attached 9 correspondence." Do you see that? 10 AYes. 11 Q There are a couple of attachments, 12 including one that's from Mr. Farrah at Industrial 13 Hygiene Laboratory in New Kensington? 14 AYes. 15 Q And to somebody's name I can't read, 16 unfortunately, but it appears that you would have 17 reviewed this document; is that correct? 18 AYes. 19 Q Mr. Speer. 20 Let me show you a March 9th attachment to 21 Dr. Farrah from Mr. Speer at New Kensington regarding 22 the marinite material. Do you see that? 23 A Right. 24 Q "Several of the men in the shop have 25 expressed to the foreman that during the machining of Page 154 1 this cutting ofthe marinite is an objectionable 2 operation? 3 MR. WALKER; Mr. Bonney, would it be 4 helpful for you to read the entire letter? 5 THE WITNESS: No, I don't think so. At 6 least right now. 7 A Yes, I would say that it was objectionable 8 on the basis ofwhat is on the front page there. The 9 men were objecting to it. It irritated them, so by 10 that reason alone, it was objectionable. 11 Q Did you consider it a matter of some 12 concern in that time frame? 13 A Not of any significant health concern, no. 14 Q Here's a two-page memo, Alcoa 18, from 15 yourself to the industrial hygiene committee chairman 16 regarding sawing of marinite. Do you See that? 17 AYes. 18 Q Do you recall that there was some potential 19 concern that there might be epoxy resins involved with 20 this material? 21 A Very clearly that was our initial concern. 22 We felt that was of more concern than asbestos. 23 Q Well, it's interesting you say that, but in 24 the 1962 correspondence wejust reviewed, there wasn't 25 any reference ofthere being a concern about epoxy; T hom as B. Bonney; F e b ru a ry 25,1998__________________________________________________ Wuhaattilecyj vvss.. m Alceooaa Page 155 Page 157 1 do you recall that? 2 Am I correct, sir, that in the 1962 3 correspondence, the sole concern was the asbestos 4 exposures that resulted from the operation? 5 A Could well be, but we got a lot of 6 misinformation about the composition of marinite which 7 will be clarified in the next one. 8 Q Did you, in fact, get clarification from 9 Johns Manville that there were no epoxies in the 10 material, and that the only health issue involving 11 marinite had to do with the asbestos? 12 A That's correct. 13 Q Incidentally, am I correct that the 14 marinite material was used until about 1980? 15 A I don't know the exact cut off. I know in 16 that time period they were trying to look for a 17 substitute. Whether they found anything completely 18 suitable, I am not sure now. 19 Q Let me show you what will be Alcoa 23, 20 appears to be a telegram from yourself to Mr. Beers at 21 the Vernon Works concerning marinite, "Based on 22 asbestos content alone an eight hour weighted exposure 23 of 5 MMPC is an appropriate TLV. J-M's clarification 24 might casue us to lower this value. We are not likely 25 to raise it. We will keep you advised." Now, in your 1 this is Alcoa 27, "there exists in Alcoa a 2 continuously expanding group with interest in the 3 industrial hygiene aspects of the J-M product, 4 marinite." Do you see that? 5 A Yes. 6 (Thereupon, Alcoa Deposition Exhibit No. 26 7 was marked for identification.) 8 Q And at the very end ofthe letter, "I'm 9 soriy if our interest may appear disproportionate to 10 the problem. However, through a series of unfortunate 11 events we have bred and nurtured a Frankenstein 12 monster. With understandable bias, I would prefer 13 that the monster be eliminated. Can you help us out 14 with this problem?" Signed by Mr. Bonney - or, not 15 signed, but that's you; right? 16 AYes. 17 Q Do you recall referring to this as a 18 Frankenstein monster? 19 A I would like to see the whole letter before 20 I respond sensibly to that. 21 Q Well, okay. This is one ofthe documents 22 that Alcoa asked you to review; isn't it? 23 A I don't know whether it is or not. 24 Q Fair enough. 25 A If I look at it, I might be able to tell. Page 156 Page 158 1 estimation, sir, why were you not likely to raise the 2 five million particles per cubic centimeter value? 3 A That was a fairly high threshold limit 4 value, and in order to raise it, you would have to 5 have something from the literature that says this 6 material is pure as the driven snow before we raise 7 it. 8 Q And you recognized from the literature that 9 there was a risk or a hazard from asbestos exposure 10 which was why you accepted the TLV that was present; 11 correct? 12 A Yes. The risk of asbestosis. 13 Q You also indicate, "J-M's clarification 14 might cause us to lower this value." Do you recall 15 what Mansville told you that suggested that perhaps 16 the value was too high and should be lowered? 17 A I draw a complete blank on that one. 18 Q I take it from the general tone ofthe 19 correspondence that there was a significant stir --a 20 significant concern among employees, perhaps some 21 supervisors, about the potential hazards involved with 22 the marinite exposure; is that a fair statement? 23 A No, I don't recall that, no. 24 Q Okay. Do you recall referring to -- let's 25 see, "Continuously" -- "As you doubtlessly are aware," 1 Q Okay. Take a look at it. 2 Can you answer my question? 3 A The Frankenstein monster reference was to 4 the complaints ofthe respiratory irritation. 5 Q Does reading the entire letter refresh your 6 recollection? 7 AYes, it sure does. 8 Q Okay. "With understandable bias, I would 9 prefer that the monster be eliminated. Can you help 10 us out with this problem?" Now, in making that 11 request ofthe Johns-Manville Corporation, sir, you 12 talk about your bias. What was your bias in this 13 case, to try to set the employees at ease about a 14 potential hazard? Is that what you are referring to 15 there? 16 A Yes. I am not sure what I was referring to 17 on the bias. 18 QOkay. 19 A I know I was relieved because oftheir 20 response. 21 (Thereupon, Alcoa Deposition Exhibit No. 27 22 was marked for identification.) 23 Q Okay. And, in fact, the response came a 24 number of days later from the Johns Manville 25 Corporation. At Alcoa 27, do you see where it's P ag e 155 - P ag e 158 ECOSCRIPTTM S t o n n v n f n M e Tnr 1 Q Q 7 Thomas B. Bonney; February 25,1998 Page 163 1 AI am soriy. I have to find out how that 2 was phrased. 3 Q Let me ask you another question. Where the 4 author, Mr. Semken, states "There have been reports of 5 an increased incidence of lung cancers in persons with 6 ashestosis," am I correct, sir, that he is presumably 7 referring to the same type of reports that we have 8 already discussed that were seen in the literature 9 back in the 1940's and 1950's? 10 A I can only speculate that that might be the 11 case. 12 Q Are you aware of any other reports of 13 increased incidence oflung cancer other than the ones 14 that we have discussed already today? 15 A No, I don't. 16 Q I show you another industrial hygiene 17 digest from May of 1964 and ask ifyou will read with 18 me an article entitled, "Asbestos Exposure and 19 Neoplasia" by Dr. Selikoff. Do you see that? 20 AYes. 21 Q Do you recall Selikoff--articles from 22 Dr. Selikoff in the 1950's and 1960's? 23 AYes. 24 Q And 25 A '60's, I don't know about the '50's. W hatley vs. Alcoa Page 165 1 AYes. 2 Q It talks about "Ofthe persons studied, 3 three ofthe pleural tumors were mesotheliomas. There 4 was also one peritoneal mesothelioma. Four 5 mesotheliomas in a total of255 deaths is an 6 exceedingly high incidence for such a rare tumor." 7 First of all, did I read that correctly? 8 AYes. 9 Q Then he goes on to talk about an 10 unexpectedly large number of men died of cancer ofthe 11 stomach, colon or rectum. Do you see that? 12 AYes. 13 Q Do you recall, sir, in the early 1960's 14 personally becoming aware ofthis disease, 15 mesothelioma, that was associated with asbestos 16 exposure in insulation workers? 17 A I just don't know when I was aware, hut it 18 had to he certainly in the late '60's. 19 Q Well, this is 1964. 20 A From that period, from the mid '60's to the 21 '70's, we became increasingly concerned about asbestos 22 as our knowledge increased. 23 Q Certainly you will agree with me as of May 24 1964, when this abstract would have crossed your desk 25 that Alcoa was put on notice that insulation workers Page 164 1 Q Fair enough. Do you recall that he was 2 ackowledged to he a very significant, if not the 3 preeminent researcher, concerning the hazards of 4 asbestos? 5 A Very well known. 6 Q And in this abstract, it indicates 7 "Building trades insulation workers have relatively 8 light intermittent exposure to asbestos." Did I read 9 that correctly? 10 AYes. 11 Q Would you agree with me, sir, that to the 12 extent Alcoa employees had exposure to asbestos, you 13 would have in that time frame characterized it as 14 being relatively light and intermittent? 15 A I would have, but whether that's the same 16 light, intermittent as Selikoff refers to, I don't 17 know. No basis for that. 18 Q Fair enough. You certainly were aware in 19 1964 that Alcoa employed individuals whose duties had 20 to do with insulation; correct, sir? 21 A Yes. I don't think they were full time 22 insulation workers, but we did have people who 23 installed insulation. 24 Q And who also were involved with replacing 25 or tearing out, ripping out old insulation? ' Page 166 1 with relatively light intermittent exposure to 2 asbestos were at a significantly increased risk of 3 developing mesothelioma? 4 A We were aware ofthe results ofthat one 5 investigator, yes. 6 MR. KINGSLEY: Can you identify that for 7 the record? 8 MR. WATERS: ARO 140. 9 MR. KINGSLEY: 140? 10 MR. WATERS: Yes. 11 MR. WALKER: Object as being 12 non-responsive. 13 Q Let's look at the industrial hygiene digest 14 from September 1966, and in particular, an abstract 15 entitled, "Cancer of the Lungs and Other Diseases 16 after Exposure to Asbestos Dust." Do you see that? 17 AYes. 18 MR. KINGSLEY: What is that, for the 19 record? 20 MR. WATERS: ARO 153. 21 Q And then let's look at January 1966 22 industrial hygiene digest, two articles on the same 23 page. One is "Diffuse Mesothelioma of the Pleura and 24 Asbestos." Do you see that? 25 AYes. P age 163 - P ag e 166 ECOSCRIPTTM ( ( ' ^ St.PtlnuaHnnc Ttw. 1 Q Q 7 W hatley vs. Alcoa Page 159 1 stated, "I am truly story that I apparently added to 2 the breeding and nurturing ofthe Frankenstein 3 monster, which is the potential health hazards of our 4 Molten Marinite product." In fact, Dr. Smith has 5 picked up your language here, hasn't he? 6 A He certainly has. 7 Q And he goes on to state, "I do hope that 8 this information will help you to allay the fears of 9 some ofyour people and finally lay the Frankenstein 10 monster to rest; however, ifyou have any other 11 problems or worries, please do not hesitate to contact 12 me." Okay. 13 Now, in response to that, you relay that 14 information that there wasn't a problem and we didn't 15 need to be overly concerned about marinite at least 16 from the epoxy resin side, you relayed that 17 information throughout the corporation, didn't you? 18 AYes, sir. 19 Q And, in fact, you sent out a memo, which is 20 Alcoa 28, dated September 25,1964, discussing the 21 whole issue of epoxy resins, and at the end you said, 22 "We wish to emphasize that the absence of epoxies in 23 marinite does not necessarily mean the elimination of 24 the need for ventilation. It means merely that the 25 short-term penalties one might pay for not having Thom as B. Bonney; F ebru ary 25,1998 Page 161 1 Mr. Chrisco at Rockdale, copy to Dr. Cralley, April 9, 2 1965. Looks like you reviewed it and crossed your 3 name off; correct? 4 A Right. 5 (Thereupon, Alcoa Deposition Exhibit No. 30 6 was marked for identification.) 7 Q And on page 2, there is a discussion ofthe 8 use of asbestos in potlining operations. Do you see 9 that there? 10 A Yes, sir. 11 Q "The following comments are in response to 12 a request for information on this subject by potlining 13 personnel: Asbestosis, a disease resulting only from 14 breathing asbestos dust, is now recognized as being a 15 significant industrial exposure hazard." Let me ask 16 first if I read that correctly. 17 A Yes. 18 Q As ofApril 9,1965, were you, Tom Bonney, 19 in agreement with the author of this memoranda that 20 asbestos was recognized as being a significant 21 industrial exposure hazard? 22 MR. WALKER: Do you want to read the entire 23 letter? You can. 24 THE WITNESS: No, I think I recall that. 25 MR. WALKER: Okay. Page 160 1 appropriate control measures are lessened." Did I 2 read that correctly? 3 A That's right. 4 (Thereupon, Alcoa Deposition Exhibit No. 28 5 was marked for identification.) 6 Q And what you are saying is there, since we 7 don't have epoxy resin in the material, we don't have 8 to worry about short-term health problems resulting 9 from exposures to the dust; correct? 10 MR. WALKER: Again, if you feel the need to 11 read the entire thing, go ahead. 12 A What I was saying there was that the 13 short-term hazard would be eliminated. It would be 14 non-existant since the epoxy was not present. The 15 only thing you would have to worry about was the 16 possible long-term exposures to something such as 17 asbestos. 18 Q Right. Okay. 19 And, in fact, marinite continued to be an 20 issue of some concern because of the asbestos in the 21 material throughout the remainder ofthe time that it 22 was used by Alcoa; isn't that correct? 23 AYes, it was a concern. Right 24 Q I will show you what we will mark as 25 Alcoa 30. This is from Mr. Semken at Rockdale to Page 162 1 A Yes. I would say significant, but with the 2 reservation in certain industries. I think I would 3 qualify that. 4 Q Would you think it would be a significant 5 industrial exposure hazard for people exposed in 6 potlining operations, like this Mr. Semken seems to 7 think? 8 A No, I would not think so. 9 Q Okay. "Even intermittent exposures to high 10 concentrations, over long periods oftime, can result 11 in varying degrees of asbestosis according to 12 individual susceptibility. There have been reports of 13 an increased incidence oflung cancers in persons with 14 asbestosis." Did I read that correctly? 15 A Yes. 16 Q And he is referring to the same reports 17 that you jave seen as early as the 1940's and 1950's 18 concerning possible cancer connection; correct? 19 A Yes.. 20 MR. WALKER: I am going to object. That 21 calls for speculation, unless you specifically 22 know th at 23 Q Can you again answer the question, because 24 I think the objection treaded on you? Was your answer 25 yes, sir? W hatley vs. A lcoa____________ _______________________________________ T h o m as B. B onney; F e b ru a ry 25,1998 Page 167 Page 169 1 Q And "Relation Between Exposure to Asbestos 2 and Mesothelioma." Do you see that? 3 AYes. 4 Q Now, by the time these materials are 5 available and reviewed by folks like yourself at 6 Alcoa, will you agree with me, sir, that already there 7 is a pretty significant body ofliterature that is 8 telling folks like Alcoa asbestos causes this 9 otherwise rare type of cancer? 10 A There is a significant body of literature 11 building, but you can take another contaminant -- many 12 other contaminants with a lot of other exposures and 13 some ofwhich are confirmed and some are not. 14 Q How many people have to die, how many 15 people have to suffer and die from this disease before 16 you at Alcoa decide something needs to be done? 17 MR. WALKER: Object as being argumentative. 18 A We are using our best judgment ofthe best 19 scientific consensus available to us, and we acted on 20 th a t 21 Q Objection, non-responsive. 22 Can you answer my question? 23 MR, WALKER: I don't think it's answerable. 24 I am going to object to it because it's strictly 25 argumentative. 1 MR. WATERS: ARO 149. 2 Q We talked sometime earlier about the 3 National Safety Council. Do you recall that 4 discussion? 5 A Yes. 6 Q Now, were the National Safety Council 7 materials available to you as an industrial hygienist 8 or were they kept somewhere else by the safety 9 department? 10 A I seldom saw anything coming out of 11 National Safety Council. 12 Q Who would have had that material available, 13 who would have reviewed that material? . 14 A If anybody received it, it would have been 15 the safety director. 16 Q Okay. Let me show you an article from the 17 1967 National Safety Congress entitled "Occupational 18 Health in the Construction Industry." Do you see 19 that? 20 A Yes. 21 Q It states, "Articles appear from time to 22 time in the American literature on specific health 23 hazards such as lung cancer in asbestos insulators," 24 Do you see that? 25 A I don't. Page 168 1 MR. WATERS: If he wants to state he can't 2 answer it, then we can have that as his answer. 3 MR. WALKER: Well, he stated an answer. 4 already. You said he can fully answer the 5 question, he fully did. 6 MR. WATERS: It was non-responsive. 7 Q How many people, sir, in your estimation 8 have to die before a company like Alcoa steps up to 9 the plate and starts providing protection for 10 asbestos? 11 MR. WALKER: I am going to object as being 12 asked and answered, and if your last answer was 13 sufficient, then just state that. 14 MR. WATERS: I want an answer on the 15 record. 16 MR. WALKER: There is an answer on the 17 record. 18 MR. WATERS: He tried to say, "I can't 19 answer that," you interrupted him. 20 MR. WALKER: I am going object to that. I 21 don't think that's what the record reflects. 22 Q Can you answer my question, sir? 23 A There is no answer to that. 24 MR. KINGSLEY: Can you identify that 25 January '66IH digest? Page 170 1 Q That's all right. I should have held it 2 closer for you. 3 A I see that, yes. 4 Q Would you agree with me, sir, that if this 5 document was received by the safety department, that 6 they would have been in possession of an independent 7 basis for understanding that asbestos could cause lung 8 cancer in insulators? 9 A You are asking whether they would know as 10 contrasted to our knowing? 11 Q Sure. If they read that, could they 12 understand that? 13 A I am sure they could, if they read it. 14 Q Let me show you, from the next page ofthe 15 article, I will try to get a little closer here "Yet 16 data coming in regularly from studies of men working 17 around asbestos dust leave very little doubt that gun 18 operators and other craftsmen in the area are being 19 subjected to the risk of asbestosis and lung cancer." 20 Did I read that correctly? 21 A Yes. 22 Q And what that means, does it's not, sir, is 23 that it's not just the person who is creating the 24 dust, it's the ones in the vicinity who may also be at 25 risk for developing cancer from asbestos exposure? T hom as B. Bonney; F eb ru ary 25,1998__________________________________________________ W hatley vs. A lcoa Page 171 Page 173 l MR. WALKER: Mr. Bonney, would it be 2 helpful for you to read the entire article or at 3 least up to that point to give an opinion as to 4 what the author is meaning? 5 THE WITNESS: I might look at that just a 6 little closer. 7 Q The question doesn't require you to read 8 anything. We read it, and I asked you your opinion on 9 that. 10 MR. WALKER: Again, are you asking him to l l give an opinion ofwhat the writer intends to 12 convey without him reading that? 13 MR. WATERS: I am asking what it conveys. 14 Do you need my question read back? Do you recall 15 my question? 16 MR. WALKER: I recall your question as 17 asking what the author ofthat article intended 18 to -- the opinions he intended to convey. 19 MR. WATERS: Fine. We will ask the 20 question a different way. 21 MR. WALKER: Okay. 22 Q You have read this along with me, haven't 23 you, sir? 24 MR. WALKER: Read what? 25 A That portion. 1 entire time to have him read the article. The 2 question is as to this portion I read to him, and 3 if he can't answer the question, he can so state. 4 MR. WALKER: Ifyou think you need to read 5 the entire article, you need to say that. Ifyou 6 don't need to read the entire article, then 7 please do. 8 A For that, I don't think I do. For that 9 particularjob, yes, you have to be concerned with the 10 people around the man performing the job, as well. 11 MR. KINGSLEY: Are we going to make that an 12 exhibit or 13 MR. WATERS: 195. 14 MR. KINGSLEY: That's ARO 195. 15 MR. WATERS: It doesn't say ARO, but I 16 forgot to put that on there. 17 MR. KINGSLEY: 195? 18 MR. WATERS: Yes. 19 Q Again from the National Safety Council 20 1967, "At the present time, it's generally agreed that 21 the most important sources of industrial disease of 22 the lungs are free or uncombined silica and asbestos." 23 Firstly, did I read that correctly? 24 A Yes. 25 Q And do you agree or disagree with this Page 172 1 Q You have read that portion, and what that 2 states is that the other people in the area are being 3 subjected to the risk of asbestosis and lung cancer. 4 Did I read that correctly? 5 A That's right. 6 MR. WALKER: The question was, did you read 7 it correctly. 8 MR. WATERS: And he answered it. I don't 9 need you to repeat my questions after he answers 10 them. 11 MR. WALKER: I am sorry. The only thing, 12 Andy, you asked two questions. I wanted to make 13 sure he was answering the second question and not 14 the first question. 15 Q My question now is, sir, ifyou read this 16 in, 1967 this information that was available to Alcoa 17 and received by Alcoa, would this tell you that not 18 only the persons who worked with the material but the 19 ones that work around it are also at risk for 20 developing lung cancer? 21 MR. WALKER: And my objection to that is 22 that I think he said that he would like to read 23 the entire article before he ventured an opinion 24 on what this author -25 MR. WATERS: I am not going to spend the Page 174 1 statement with respect to the state ofknowledge in 2 1967? 3 A Yes, they were the predominant ones. 4 MR. KINGSLEY: Just for the record, that 5 was from the same article; right? 6 MR. WATERS: Uh-huh. 7 Q Is one ofthe reasons, sir, that you 8 considered asbestos along with silica to be the two 9 most significant industrial hazards in this context, 10 because by 1967, you recognized the significant cancer 11 risk that was associated with asbestos? 12 A No. Asbestosis was my basic concern. 13 Q So even just based on asbestosis, assuming 14 that was the only disease that asbestos caused, you 15 considered in 1967 asbestos along with silica to be 16 the two biggest industrial hazards out there? 17 A Not the two biggest hazards, per se, in the 18 mineral - among the mineral exposures, and would be 19 confined to certain industries in which there are 20 exposures. 21 Q So for industry - as of 1967, for 22 industries where asbestos and silica exposures took _ 23 place, you would consider those to be very significant 24 health hazards? 25 A Yes. And -- P a e e 171 - P ace 174 F .r.n srR iP T TM /r\ c* r _____1 n n n Whatley vs. Alcoa Page 175 1 Q Regardless of the issue ofwhether or not 1 silica or asbestos can cause cancer? 3 A That's right, yes. 4 Q Will you agree with me, sir, that the 5 nature ofthe risk, the significance ofthe hazard, is 6 tremendously enhanced once you recognize that it also 7 causes cancer? 8 A Oh, yes, and this is where we were in that 9 learning phase, between let's say '65 and '70, we were 10 reading these. 11 Q Well, didn't your learning phase start back 12 in the late 1940's or early 1950's, when you began to 13 read articles over and over again talking about 14 asbestos causing lung cancer? 15 A These are not over and over again. Ifyou 16 pick them out, yes, they concentrate, but this is in 17 the midst of a lot ofliterature. A lot of studies 18 are good, a lot of them are not so good, and one has 19 to evaluate the totality ofinformation you have on 20 hand. 21 Q I take it that you are not able to quote 22 for me or to cite for me a single study from 1950 to 23 1970 that says asbestos does not cause cancer? You 24 are not able to do that because there aren't any, are 25 there? Thom as B. Bonney; F eb ru ary 25,1998 _____ Page 177 1 marinite. 2 Q I take it that in response to Mr. Parsons' 3 request for information, you didn't think it was 4 necessary, as of May 1966, to advise him ofthe 5 potential asbestos hazard in that material? 6 A Oh, in the newsletter?. 7 Q In this letter. 8 MR. WALKER: Excuse me. I think he was in 9 the middle of his answer. He said "in the 10 newsletter." 11 Q Go ahead. I apologize. 12 A In the newsletter, we cited the presence of 13 asbestos, but I didn't do it there. 14 Q Objection to everything, other than "I 15 didn't do it there," as being non-responsive. 16 Looking at Alcoa 32 from Mr. Parsons at 17 Warrick to Mr. Whitehead, copy to Dr. Cralley, "The 18 Industrial Hygiene committee has discussed the dust 19 problems associated with Marinite handling in several 20 of its meetings." Did I read that correctly? 21 A Yes. 22 (Thereupon, Alcoa Deposition Exhibit No. 32 23 was marked for identification.) 24 Q Will you agree with me, sir, that as of 25 this date, May 2,1967, the only problems ofwhich you Page 176 1 A Sure. One, I think Brown did a study of 2 crysotile workers in Canada. There was one, a 3 McCormick, and I think even in the '70's, so you do 4 have these pluses and minuses. 5 Q Those are studies that are sponsored by 6 industry, aren't they, sir? 7 A I wouldn't know who they were sponsored by. 8 (Thereupon, Alcoa Deposition Exhibit No. 31 9 was marked for identification.) 10 Q Fair enough. 11 Let's look at Alcoa 31, memo from you, 12 Tom Bonney, to Mr. Parsons at Warrick. What state is 13 that, Rhode Island? 14 A No. That's Indiana. 15 Q Indiana, okay. May 23,1966. "This is the 16 latest and most accurate information we have 17 concerning marinite. I don't think that there is 18 anything further that can be said. Considering the 19 earlier misinformation, we have already said too much. 20 Regards Thomas Bonney." 21 Do you have an independent recollection of '2 the circumstances surrounding this communication, one 23 way or the other? 24 A Yes. That refers to the marinite 25 newsletter that clarified the absence of epoxy in the Page 178 1 were aware would be related to the asbestos content of 2 this material? 3 A Yes. 4 Q "It has often been stated that the 5 ventilation systems would be improved. While some 6 progress has been made, the job is obviously not yet 7 complete." Did I read that correctly? 8 A Yes. 9 Q Do you have a recollection, sir, that 10 between 1962 and 1967, there were efforts made at some 11 of the facilities to provide ventilation systems for 12 this material so that men would not be exposed to the 13 dust? 14 A Yes, I am, but they improved the 15 ventilation on a lot of dust generating equipment, 16 sawing equipment, machineiy. 17 Q In any event, five years after the initial 18 concern about asbestos in the marinite product, this 19 gentleman is saying, "the job is obviously not yet 20 complete." Do you see that? 21 AYes. 22 Q Any explanation that you can give us for 23 why five years after identification of a significant 24 hazard, the job hasn't been done? 25 A I think they have to consider it a Thom as B. Bonney; F eb ru ary 25,1998 Page 179 1 significant hazard before it would be acted upon 2 properly. Other than that, I can't get into Parsons' 3 head. 4 Q Fair enough. He does go on to state that 5 "We would like to have you give us a firm target date 6 for completion ofthis job because the dust itself is 7 a health hazard." Do you see that? 8 A Yes. 9 Q He doesn't say it may be a health hazard, 10 he doesn't say it could conceivably be a health 11 hazard, he says it is a health hazard, doesn't he? 12 A That's what he says. 13 Q And you disagree with that, don't you? 14 A No, I don't. I don't think he was careful 15 in his choice ofwords when he was writing this quick 16 memo. 17 Q Mr. Parsons is the chairman ofthe 18 industrial hygiene committee at Warrick, I presume? 19 A Right. 20 Q And what he is concerned about is that the 21 men who work at his facility are being -- continuing 22 to be exposed to asbestos in the process of sawing 23 marinite, because Alcoa has yet to provide the 24 ventilation systems that he has requested? 25 A The engineers. W hatley vs. Alcoa Page 181 1 asbestos dust. He has clipped some recent articles 2 from the Austin Statesmen on the subject and sent them 3 to his foreman. I have not personally seen the 4 articles, but supposedly they relate the hazard of 5 cancer ofthe chest cavity from even short and 6 intermittent exposures to asbestos." Now, what he is 7 referring to there is mesothelioma, isn't he, sir? 8 A That would be fair. 9 Q "One article also relates that a workman's 10 wife died from a similar cancer ofthe chest cavity 11 after washing the workman's clothes". Now that's the 12 household type of exposure case we talked about; 13 correct? 14 A That's the one you cited earlier. 15 Q So here in January of 1968, at Rockdale, 16 Mr. Semken is acknowledging and telling headquarters 17 we have got information that tells us people are dying 18 from this stuffjust from washing their husband's 19 clothes? That's what this shows, doesn't it? 20 A That's how it says, yes. 21 Q "The article further states that the cancer 22 is terminal, generally within one year ofthe time of 23 detection. 24 "Several times a week this man dry-mixes 25 asbestos shorts and Lumnite cement used in the Page 180 1 Q Well, they are Alcoa employees, aren't 2 they, sir? 3 MR. WALKER; You need -- Mr. Bonney, do you 4 need to look at that entire letter again or ~ 5 Q You are welcome to. 6 A Well, the men were using respiratory 7 protection which gives them protection until the 8 engineering controls were effective. 9 Q All right, sir. Okay. Just a few more 10 questions and we will wrap it up for today. 11 Let's talk a little bit more about 12 Rockdale, and this will be Alcoa 33. Here's a memo 13 from Mr. Semken again to Dr. Cralley, dated 14 January 12,1968, and it indicates it is a 15 confidential memo. Do you see that? 16 AYes. 17 (Thereupon Alcoa Exhibit No. 33 was marked 18 for identification.) 19 Q Do you know why these memorandum -- some of 20 them are marked confidential? Do you recall? 21 A No. Depends on the individuals. 22 Q All right. "One of our brickmasons, who 23 regularly works on potroom crucible and furnace trough 24 liner repairs, is greatly concerned about the hazard 25 to his and his family's health, from his exposure to Page 182 1 crucible. We would appreciate having your comments, 2 as soon as possible, as to what this man should be 3 told, and also your suggestions as to what additional 4 protective devices we should consider." Did I read 5 that properly? 6 AYes. 7 Q And who was Mr. Semken; was he the plant 8 manager? 9 A No. He was the industrial hygiene 10 representative. 11 MR. WATERS: What was that number? 12 MR. WALKER: 33. 13 MR. KINGSLEY: 33. 14 A May I read those comments when you are 15 finished with it? 16 Q Sure. 17 A In this case, the exposure was the 18 crocidolite, and we didn't have exposures to 19 crocidolite in Alcoa. 20 Q Let me object to the non-responsive 21 comment 22 (Thereupon, Alcoa Deposition Exhibit No. 34 23 was marked for identification.) 24 Q Let me show you Mr. Cralley's 25 Dr. Cralley's response to Mr. Semken, Alcoa 34, P age 179 - P age 182 ECOSCRIPTTM ( C i S t . p n n v a t n n c T n r 1 Q P 7 Thom as B. Bonney; February 25,1998 Page 187 1 (Thereupon, Alcoa Deposition Exhibit No. 35 2 was marked for identification.) 3 Q Was Dr. Richards the plant physician 4 hired -- retained by Alcoa? 5 AYes. 6 Q This indicates Mr. Semken was going to have 7 Dr. Richards talk to this gentleman? 8 AYes. 9 Q The article itself was received by 10 Dr. Cralley back in January of 1968 entitled "New 11 Cancer Cause Puzzle to Doctors." Do you see that? 12 AYes. 13 Q "Afatal cancer ofthe chest and abdominal 14 cavities is cropping up among the nation's asbestos 15 workers." Do you see that? 16 AYes. 17 Q And, of course, by January of 1968 you were 18 already familiar with this fact, weren't you? That is 19 to say that this disease was cropping up among 20 asbestos workers? We have seen some instances ofthat 21 already? 22 A We interpret this as cropping up among 23 asbestos workers who were exposed to crocidolite not 24 crysotile. 25 Q Objection to the non-responsive portion. W hatley vs. Alcoa ________________________________ Page 189 1 manner in which we handled our asbestos. 2 Q Objection to the non-responsive portion. 3 Additionally, sir, does this jog your 4 memory that as early as January of 1968, you were 5 aware of a case where a man who handled asbestos for 6 no more than a month had developed this deadly form of 7 asbestos cancer? 8 A I was not aware of anything like that. 9 Q Does this jog your memory that you were 10 made aware when you read this article? 11 A I don't remember reading that particular 12 article, no, I don't. 13 Q Well, this indicates that you read it, 14 doesn't it, sir? You received it? 15 A Yes. Ifthat were attached, I probably 16 read it, but Ijust don't recall it. 17 Q It talks about a study conducted by the 18 Pennsylvania State Department of Health. That's here 19 where Alcoa is located, isn't it, sir, Pennsylvania? 20 A In Pennsylvania? 21 QYes, sir. 22 A Yes. 23 Q "Ablind study to find out how mesothelioma 24 might be affecting the more than 5,000 asbestos 25 workers scattered around the state. Page 188 1 "Ironically, those stricken with the deadly 2 disease include a nurse whose father worked in an 3 asbestos plant and a man who handled asbestos for no 4 more than a month while he insulated the plumbing in 5 his own house." Did I read that correctly? 6 AYes. 7 Q What do you think about that? Is that kind 8 of unusual? Does that indicate to you that this is a 9 highly toxic, highly carcinogenic material? 10 A Not something that I would read in a 11 newspaper, no. I would not regard that as highly as 12 if it were in a j ournal. 13 Q So when this article came across your desk, 14 as we see that it did, do you see that? 15 AYes. 16 Q You said, "Aw, it'sjust in a newspaper, I 17 am not going to be concerned about that"; is that your 18 reaction to this article then? 19 A No. My reaction is what Dr. Cralley's was. 20 Q Does this refresh your recollection, sir, 21 that at least as early as January 1968, you were aware 22 that there were cases reported, household exposures 23 caused mesothelioma? 24 A Yes. This jogs my memory that that --such 25 was the case, but we felt it didn't apply to us, the Page 190 1 "To 162 hospitals, they sent a 2 questionnaire asking the hospitals to report all 3 mesotheliomas diagnosed between 1958 and 1963. 4 "Back came 42 documented cases of the 5 disease, only 11 ofwhich could not be traced to 6 asbestos exposure. 7 "Ten ofthe victims worked in asbestos 8 plants." Do you see that? 9 A Yes. 10 Q "Eight were people who lived near asbestos 11 plants most oftheir lives." Do you recall, sir, 12 learning in 1968 that people who merely had the 13 misfortune of living close to asbestos plants could 14 develop this disease? 15 A I don't remember that. 16 Q Do you recall at some time becoming aware 17 that direct exposure was not necessary to cause this 18 disease? 19 A Well, all I can say -- 20 MR. WALKER: Could you clarify "direct 21 exposure?" Maybe it's just me -- 22 MR. WATERS: As in hands-on, somebody using 23 the product. 24 MR. WALKER: Thank you. 25 A All I can sayis that I was aware of such P age 187 - P age 190 ECOSCRTPTTM / n \ c+,, _____T ________ t n n n W hatley vs. Alcoa Page 183 1 January 16,1968. "In connection with your letter 2 concerning employees who use an asbestos-Lumnite 3 material, we made contact with Johns-Manville. The 4 asbestos component is ciysotile. It contains no 5 crocidolite" Did I read that correctly? 6 A.Yes. 7 Q It also goes on to talk about respirators 8 in order to avoid asbestos exposure, do you see that, 9 approved by the Bureau ofMines? 10 AYes. 11 Q "The Martindale respirator is not 12 recognized as being suitable in this application." So 13 that the respirator that was being used by this 14 gentleman is not effective against asbestos. Do you 15 see that? 16 MR. WALKER; Mr. Bonney, would you like to 17 read that entire letter before you answer any 18 questions concerning it? 19 THE WITNESS: Yes, I think I would. 20 Q Take your time. 21 Did you have a chance to look it over? 22 I have got a question to ask. 23 MR. WALKER; I haven't had the opportunity 24 to read it. 25 MR. WATERS: Well, I am not going to wait Thom as B. Bonney; F ebruary 25,1998 Page 185 1 like to read that letter, because I might have 2 some objection to i t or I may not. I don't 3 know. 4 MR. WATERS: I will happy to let you 5 reserve your objections. You can look over his 6 shoulder. I havejust got a couple more 7 questions. 8 Q I would like you to look with me, sir, on 9 the last paragraph? 10 MR. WALKER: The one I wanted to read. Go 11 ahead. 12 Q "Mr. Dawson will be in touch with 13 Dr. Richards concerning this subject. One ofthe 14 things that disturbs us is the abundance of incorrect 15 information now being circulated in relation to 16 asbestosis." Do you see that? 17 AYes. 18 Q Now, Mr. Bonney, was this also a 19 concern ofyours in 1968 that there was too much 20 information being circulated that suggested that 21 asbestos was hazardous, or is it just Mr. Cralley's 22 opinion? 23 A What he is suggesting is a lot of 24 misinformation here, and really, I relied a lot, on 25 toxicological matters, to Dr. Lester Cralley who is a Page 184 1 for to you read the document. These are all 2 produced to you and you bloody well got them and 3 you can look at your own. 4 MR. WALKER; Andy 5 MR. WATERS: I am sorry. I am trying to 6 conduct a cross examination of the witness, and I 7 don't appreciate you interrupting me, and I don't 8 appreciate you trying to delay the process so 9 that I can't ask the witness the questions I want 10 to today. 11 MR. WALKER; You can ask him all the 12 questions you want to. There is no need to get 13 riled up. I had the opportunity to read one last 14 sentence you j erked it out from under me, and 15 that's not the proper type of deal. Now, I have 16 the right to look at that. We happened to 17 produce that to you. 18 MR. WATERS: Yes. 19 MR. WALKER: And ~ but at the same time, I 20 think I have the right to look at that. 21 MR. WATERS: Well, your response in the 22 past has been that if I have a document, you . 23 don't to have produce it to me again, because I 24 have already got i t But regardless 25 MR. WALKER: Regardless of that, I would Page 186 1 toxicologist. 2 Q Objection, non-responsive. 3 My question is, sir, were you ofthe same 4 opinion as Dr. Cralley that there was too much 5 misinformation being circulated about this stuff being 6 hazardous? 7 A Yes, at the time, I was. 8 Q Okay. "Probably the most outstanding 9 feature printed now in newspapers is cancer known as 10 mesothelioma." Do you see that? 11 A That's right. 12 Q Certainly by January of 1968, you were were 13 well aware of the existence of that disease? 14 A I was. It was associated with crocidolite 15 at the time. 16 Q Objection to the non-responsive portion. 17 I show you Alcoa 35 from Mr. Semken again 18 to Dr. Cralley, January 22,1968, the same time frame, 19 "Attached is a copy of the newspaper article referred 20 to in our letter of January 12 concerning employees 21 who use asbestos-Lumnite cement in crucible and trough 22 liner repairs. Dr. Richards is prepared to talk to 23 this employee as soon as the necessary arrangements 24 can be made." Did I read that correctly? 25 AYes. Whatley vs. Alcoa Page 191 1 allegations, but I don't know how factual they were. 2 Q All right. "Three ofthe people who 3 developed this disease were members of families who 4 had one or more asbestos worker members." That's this 5 kind of household exposure we are talking about; is 6 that the same thing, as you understand? 7 A As I understand it, yes. 8 Q For example, "Athree-year old girl whose 9 father was an asbestos engineer, a nurse whose father 10 had worked for 35 years in an asbestos plant and a 11 woman with two sons who worked as asbestos insulators 12 in a shipyard." Did I read all that correctly? 13 A Yes. 14 Q Mr. Bonney, didn't this make some 15 significant impression upon you when it crossed your 16 desk? 17 A Certainly, but we responded as Dr. Cralley 18 did, it was crocidolite that was of concern then not 19 crysotile. 20 Q Okay. Objection to the non-responsive 21 portion. 22 It goes on to state --it quotes a doctor 23 here as saying, "The disease is one hundred percent 24 fatal and usually takes less than a year after 25 diagnosis to run its course." Were you aware, sir, in Thom as B. Bonney; F ebruary 25,1998 Page 193 1 MR. KINGSLEY: Just so we have a copy with 2 the exhibit tag on it, and then the documents 3 that were not made exhibits but were referenced, 4 Mr. Waters has agreed to produce those to us. 5 6 (Thereupon, at 4:14 o'clock p.m., the 7 deposition was adjourned sien die.) 8 Page 192 1 the late 1960's that this was a fatal disease? 2 AYes. 3 Q Did you continue, sir, in this time frame, 4 1968, to be ofthe view that the threshold limit value 5 would in some way protect your workers from asbestos 6 exposure that could cause this type of disease? 7 MR. WALKER: When you talk this "type of 8 disease" -- 9 MR. WATERS: Cancer. 10 A We felt that it would protect against 11 asbestosis, and still cancer was not an issue within 12 our company at that time. 13 Q Okay. 14 MR. WATERS: I think now is a good time to 15 recess the deposition. Doctor --1meant Mr. 16 Bonney, I keep wanting to call you doctor, thank 17 you for coming down. 18 THE V1DEOGRAPHER: This ends tape three of 19 the deposition of Thomas Bonney. We are offthe 20 record. The time is 4:14 p.m. 21 MR. KINGSLEY: The exhibits are going to 22 be, I guess, given to you and distributed to 23 everyone who asked for a copy of the transcript. 24 MR. WATERS: I get the originals, but 25 everyone gets a copy. Page 194 1 CERTIFICATE 1 2 COMMONWEALTH OF PENNSYLVANIA,) 2 ) SS: 3 COUNTY OF ALLEGHENY.) 3 4 I, Colleen O'Brien Adams, do hereby certify that 4 before me, a Notary Public in and for the Commonwealth 5 aforesaid, personally appeared THOMAS B. BONNEY, 5 who then was by me first duly cautioned and sworn to 6 testify the truth, the whole truth, and nothing but 6 the truth in the taking of his oral deposition in the 7 cause aforesaid; that the testimony then given by him 7 as above set forth was by me reduced to stenotypy in 8 the presence of said witness, and afterwards 8 transcribed by means of computer-aided transcription. 9 9 I do further certify that this deposition was 10 taken at the time and place in the foregoing caption 10 specified. 11 11 I do further certify that I am not a relative, 12 Council or attorney of either party, or otherwise 12 interested in the event of this action. is 13 IN WITNESS WHEREOF, I have hereunto set my Thom as B. Bonney; F eb ru ary 25,1998 Page 194 hand 14 and affixed my seal of office at Pittsburgh, 14 Pennsylvania, on th is-------day of-------------, 15 1998. 15 16 16 17 17 Colleen O'Brien Adams, Notary Public 18 In and for the Commonwealth of Pennsylvania 18 My commission expires November 19,1999. 19 19 20 14 33-Memo, 1-12-68 180 15 34 - Memo, 1-16-68 182 Whatley vs. Alcoa Page 195 Page 195 1 I-N-D-E-X 11 2 EXAMINATION BY: PAGE 2 Mr. Waters 3 3 3 4 4 ALCOA DEPOSITION EXHIBITS: PAGE 5 1 - Industrial Hygiene Program 71 5 2 - Industrial Hygiene 73 6 3 - Asbestos Management Plan 76 6 9 - Handwritten note 117 7 10 - Visit by Vernon Health Department 122 7 11 - Visit by Vernon Health Department 123 8 12 - Letter, 1-24-62 128 8 13 - Internal Correspondence, 1-29-62 132 9 14 - Memo, 2-8-62 133 9 15-Letter, 2-13-62 142 10 16 - Internal Correspondence, 2-16-62 143 10 17 - Memo, 2-27-62 144 11 18 - Memo, 3-31-64 152 11 26 - Alcoa Private Wire, 8-21-64 157 12 27 - Letter, 8-27-64 158 12 28 - Letter, 9-15-64160 13 30 - Memo, 4-9-65 161 13 31 - Memo, 5-23-66 176 14 32 - Marinite Handling in Building 134 177 P age 194 - P age 195 ECOSCRIPTTM - ( C i S t p n n v t in t ic Trip 1QQ7 W hatley vs. Alcoa ab ate m e n t (5:22) abdom inal (187:13) ab ility (61:24) able (23:24) (31:17) (79:8) (117:6) (117:25) (136:17) (137:12) (138:7) (138:11) (141:13) (145:6) (157:25) (175:21) (175:24) above (1:19) (106:25) (113:2) (142:19) (194:7) a b re ast (23:24) absence (159:22) (176:25) absolute (38:17) a b strac t (93:25) (94:7) (94:24) (98:23) (101:15) (116:16) (116:16) (164:6) (165:24) (166:14) ab stracts (87:10) (87:12) (93:12) (94:21) abundance (185:14) acceptable (91:21) accepted (68:6) (95:8) (102:6) (156:10) accepting (36:16) accident (46:5) accom plished (10:14) according (162:11) account (50:24) (51:2) (153:2) accounted (66:12) (66:19) (67:17) accum ulation (21:12) accurate (176:16) acgih (15:5) (18:8) (18:24) (36:6) (37:3) (59:21) (63:20) (97:17) (112:7) (116:6) achieving (72:9) acknow ledging (181:16) ackowledged (164:2) acquainted (39:22) (47:17) across (188:13) acted (167:19) (179:1) action (194:12) activities (6:6) activity (22:21) (51:21) (52:9) (151:13) actually (27:13) (27:23) (39:25) (41:21) (74:14) (83:14) (96:13) (106:19) (132:5) adam s (1:17) (194:4) (194:17) add (143:9) added (159:1) addendum (107:25) addition (59:1) additional (66:18) (80:25) (81:22) (85:10) (103:10) (103:18) (103:20) (104:6) (104:9) (105:12) (135:11) (140:4) (151:13) (153:13) (182:3) additionally (189:3) address (115:20) (115:21) addressed (91:15) (106:18) (128:5) (131:17) addresses (114:11) (145:23) addressing (131:15) adhere (39:6) (40:22) (41:7) (46:9) (50:3) (139:5) (139:17) (141:10) adherence (138:25) (139:13) (140:6) (140:10) (140:22) adheres (140:12) adhering (43:20) (122:17) (138:11) adjourned (193:7) Thom as B. Bonney; F ebruary 25,1998 ad m in istratio n (27:4) ad m in istrativ e (146:24) (147:10) adopted (19:9) (19:20) (110:22) (126:10) (126:25) advanced (153:10) advise (177:4) advised (7:20) (35:10) (39:22) (75:2) (98:12) (135:10) (155:25) affect (48:14) affecting (189:24) affixed (194:14) aforesaid (194:5) (194:7) african (63:12) a fte r (5:15) (14:16) (17:18) (40:5) (58:20) (68:22) (85:10) (89:3) (94:11) (105:21) (113:14) (123:23) (146:14) (146:18) (166:16) (172:9) (178:17) (178:23) (181:11) (191:24) aftern o o n (71:8) afterw ards (194:8) ag ain st (116:1) (116:2) (116:4) (130:23) (131:11) (135:11) (183:14) (192:10) age (12:9) ag en t (85:6) agree (8:8) (28:21) (29:11) (29:16) (30:15) (36:3) (36:14) (38:15) (40:14) (40:16) (44:5) (44:17) (46:2) (47:19) (48:3) (49:3) (49:4) (49:7) (50:12) (56:14) (67:12) (74:16) (74:20) (75:1) (75:12) (79:2) (82:10) (90:15) (91:9) (92:24) (95:1) (101:24) (108:15) (109:14) (110:6) (121:13) (124:8) (124:18) (125:1) (125:2) (129:10) (130:24) (131:9) (131:25) (133:18) (143:4) (143:8) (144:8) (147:19) (147:22) (164:11) (165:23) (167:6) (170:4) (173:25) (175:4) (177:24) agreed (173:20) (193:4) agreeing (145:2) ag reem ent (4:20) (95:13) (102:22) (161:19) agrees (26:20) ah ead (15:18) (30:10) (36:11) (43:6) (106:15) (120:15) (160:11) (177:11) (185:11) a ir (14:7) (14:12) (100:2) (131:23) (142:21) alcoa (1:8) (2:13) (3:21) (3:24) (3:25) (4:1) (4:5) (4:8) (5:5) (5:17) (6:16) (6:20) (6:21) (6:24) (7:16) (10:3) (10:11) (10:18) (10:23) (13:7) (13:21) (14:5) (15:8) (15:10) (16:21) (18:22) (20:7) (20:14) (20:16) (21:10) (22:2) (24:19) (25:4) (25:8) (25:14) (28:4) (29:11) (29:21) (30:6) (30:16) (32:3) (33:11) (33:16) (33:19) (36:3) (36:20) (37:1) (37:10X37:13) (38:7) (38:16) (38:24) (39:4) (39:16) (40:21) (41:6) (42:14) (42:15) (43:25) (44:6) (44:11) (45:1) (45:6) (46:10) (46:16) (47:4) (47:20) (48:5) (48:17) (49:8) (49:10) (49:12) (49:15) (50:5) (51:5) (53:15) (53:22) (53:24) (54:1) (54:16) (54:21) (55:2) (55:6) (57:8) (57:12) (58:9) (58:20) (59:3) (59:8) (60:16) (62:18) (63:4) (65:24) (67:5) (68:7) (69:2) (69:11) (69:19) (71:2) (71:16) (71:21) (72:16) (72:17) (72:25) (73:5) (73:8) (73:11) (74:1) (74:17) (75:25) (76:16) (76:18) (76:21) (77:6) (79:19) (79:20) (80:17) (81:5) (82:21) (83:10) (84:25) (86:10) (86:11) (86:13) (86:17) (87:4) (88:1) (88:4) (88:10) (94:23) (95:25) (96:19) (96:22) (98:6) (98:8) Thom as B. Bonney; F ebruary 25,1998 W hatley vs. Alcoa (99:13) (101:7) (101:25) (102:1) (102:16) (103:19) (103:20) (104:10) (105:7) (106:18) (108:5) (109:24) (110:7) (110:15) (116:20) (117:1) (117:12) (117:16) (118:3) (118:12) (118:25) (119:11) (120:1) (120:20) (121:5) (121:14) (121:20) (121:24) (122:4) (123:2) (123:11) (123:14) (125:21) (127:20) (128:2) (128:4) (128:6) (129:11) (130:15) (131:19) (132:6) (132:18) (132:20) (133:4) (133:6) (135:3) (136:22) (136:22) (137:14) (139:7) (139:17) (140:12) (141:11) (142:6) (142:10) (143:17) (143:19) (144:5) (146:9) (147:25) (150:3) (151:7) (151:25) (152:1) (152:4) (154:14) (155:19) (157:1) (157:1) (157:6) (157:22) (158:21) (158:25) (159:20) (160:4) (160:22) (160:25) (161:5) (164:12) (164:19) (165:25) (167:6) (167:8) (167:16) (168:8) (172:16) (172:17) (176:8) (176:11) (177:16) (177:22) (179:23) (180:1) (180:12) (180:17) (182:19) (182:22) (182:25) (186:17) (187:1) (187:4) (189:19) (195:4) (195:11) alcoa's (22:16) (33:17) (36:25) (40:17) (49:6) (53:5) (72:7) (73:18) (135:24) (141:14) alcoans (72:9) allay (159:8) allegations (191:1) alleged (7:15) (8:21) (134:8) (134:12) (134:14) (136:17) (137:13) (138:7) (139:1) (140:7) (140:13) alleges (141:9) allegheny (194:3) alien (117:9) alien's (127:7) allow (117:16) allow able (124:21) allowed (92:15) (124:14) alm ost (8:1) (28:24) (80:11) (139:12) (139:16) (140:9) (140:21) alone (74:23) (154:10) (155:22) along (63:18) (81:23) (96:25) (102:7) (171:22) (174:8) (174:15) already (11:21) (43:19) (54:6) (98:23) (126:9) (134:4) (145:21) (163:8) (163:14) (167:6) (168:4) (176:19) (184:24) (187:18) (187:21) although (135:16) alum inum (61:5) (69:7) (69:8) (69:8) alway (36:20) always (20:18) (28:24) (44:15) (46:24) (58:3) (80:11) (130:2) am erican (15:4) (86:18) (86:22) (90:3) (94:3) (169:22) am ong (56:3) (63:24) (118:11) (156:20) (174:18) (187:14) (187:19) (187:22) am ount (8:6) (82:17) (100:1) (148:23) (149:2) (149:9) am ounts (131:4) analyses (99:11) analysis (99:18) (100:12) (100:19) (107:14) (107:22) (107:23) (107:24) (108:8) (108:17) (109:8) (124:5) (135:21) (142:20) analytical (99:10) analyze (99:25) analyzing (13:20) (14:5) (27:3) andrew (2:3) (2:4) andy (31:19) (74:4) (172:12) (184:4) annual (85:13) (88:7) an o th er (9:4) (27:8) (63:10) (64:1) (69:20) (78:5) (98:2) (106:5) (107:9) (116:15) (136:16) (137:11) (138:5) (143:22) (163:3) (163:16) (167:11) answ er (15:23) (30:10) (32:25) (36:11) (37:5) (37:6) (37:8) (42:22) (43:9) (44:23) (45:11) (45:15) (46:14) (49:25) (50:25) (51:14) (53:3) (56:25) (74:9) (74:9) (76:8) (90:13) (90:23) (109:2) (110:11) (110:13) (113:7) (113:22) (114:8) (114:21) (118:22) (119:4) (119:16) (119:21) (120:15) (124:25) (125:10) (129:7) (140:2) (158:2) (162:23) (162:24) (167:22) (168:2) (168:2) (168:3) (168:4) (168:12) (168:14) (168:16) (168:19) (168:22) (168:23) (173:3) (177:9) (183:17) answ erable (167:23) answ ered (30:9) (30:14) (51:8) (88:10) (124:23) (124:24) (168:12) (172:8) answ ering (110:11) (172:13) answers (4:18) (88:10) (172:9) anticipated (66:9) anticipation (118:14) anxious (144:12) anyway (18:22) (29:12) (114:10) (139:16) ap art (150:15) apologize (62:11) (81:19) (106:19) (112:3) (121:12) (150:17) (153:18) (177:11) apparent (25:13) apparently (89:5) (107:8) (147:13) (159:1) appear (94:14) (107:20) (108:6) (109:7) (109:23) (127:14) (127:18) (129:11) (133:7) (157:9) (169:21) appearances (2:1) appeared (25:2) (194:5) appears (73:11) (76:23) (132:22) (133:9) (135:14) (138:10) (152:16) (155:20) application (183:12) applied (44:20) (47:1) (47:6) (49:11) (50:6) (68:15) apply (40:18) (48:21) (188:25) appraisal (135:17) appreciate (31:24) (102:12) (104:19) (113:22) (139:24) (182:1) (184:7) (184:8) approach (76:5) approaches (78:17) appropriate (48:4) (48:7) (72:13) (155:23) (160:1) approved (130:22) (131:11) (183:9) approxim ate (142:16) approxim ately (10:7) (20:2) (21:9) (40:1) (62:19) (142:13) april (94:3) (161:1) (161:18) area (21:25) (32:23) (44:14) (44:23) (46:13) (47:25) (63:13) (64:23) (73:23) (78:25) (126:3) (147:21) (170:18) (172:2) areas (15:20) aren't (72:23) (80:14) (126:2) (175:24) (176:6) (180:1) argum entative (45:10) (46:20) (110:9) (110:10) (140:20) (167:17) (167:25) arkansas (106:21) ALCOA - ARKANSAS WORD INDEX (C) S ten o v a tio n s, In c 1997 W hatley vs. Alcoa a rl (99:10) (99:12) aro (101:14) (104:2) (106:16) (116:24) (166:8) (166:20) (169:1) (173:14) (173:15) aro-102a (95:19) a r o l (93:6) aro u n d (11:13) (20:4) (21:22) (74:19) (74:21) (122:14) (126:3) (146:11) (146:13) (148:6) (170:17) (172:19) (173:10) (189:25) a rra n g e (153:9) (153:10) a rra n g ed (98:17) arra n g em en ts (186:23) a rriv a l (16:23) (18:22) (21:1) (25:15) (93:21) arriv e d (17:18) (65:24) (84:25) (93:15) (94:11) a r t (55:21) a rth u r (2:11) a rtic le (24:11) (86:22) (88:20) (90:12) (90:15) (92:5) (92:19) (92:22) (94:1) (94:18) (101:16) (102:1) (103:9) (106:10) (116:19) (163:18) (169:16) (170:15) (171:2) (171:17) (172:23) (173:1) (173:5) (173:6) (174:5) (181:9) (181:21) (186:19) (187:9) (188:13) (188:18) (189:10) (189:12) articles (24:10) (24:12) (34:5) (34:14) (35:4) (35:11) (35:20) (87:12) (91:2) (91:4) (91:9) (91:11) (91:12) (91:14) (95:3) (98:20) (98:22) (104:16) (105:12) (134:14) (163:21) (166:22) (169:21) (175:13) (181:1) (181:4) asbestos (5:10) (5:22) (5:22) (5:24) (6:17) (7:16) (8:2) (8:7) (8:9) (9:7) (13:2) (13:5) (14:1) (14:2) (14:6) (14:8) (14:10) (14:13) (14:14) (14:18) (14:19) (15:15) (15:16) (15:21) (17:20) (17:21) (17:21) (17:24) (18:6) (18:24) (24:20) (24:24) (25:9) (25:16) (26:2) (26:2) (26:18) (26:21) (27:24) (27:25) (28:2) (28:5) (28:15) (28:18) (28:22) (29:3) (29:4) (29:12) (29:21) (30:7) (30:17) (30:22) (31:2) (31:8) (31:9) (32:4) (32:20) (32:22) (33:2) (33:8) (33:18) (34:2) (34:10) (34:15) (34:24) (35:3) (35:6) (35:13) (35:21) (35:24) (56:10) (57:18) (59:22) (60:2) (61:8) (61:10) (61:13) (61:18) (61:22) (62:3) (62:15) (63:6) (63:12) (63:15) (64:10) (64:16) (64:17) (65:2) (65:25) (66:6) (67:10) (67:12) (67:23) (68:7) (68:9) (68:16) (76:21) (77:2) (77:7) (77:12) (77:14) (78:3) (78:23) (79:4) (80:2) (80:11) (80:12) (80:13) (80:15) (80:20) (81:14) (82:15) (83:4) (85:3) (85:21) (86:6) (86:23) (90:19) (92:11) (94:19) (95:5) (100:1) (100:1) (101:9) (101:21) (102:2) (102:18) (103:14) (103:15) (103:21) (104:6) (104:11) (105:13) (106:12) (111:22) (112:5) (112:13) (115:19) (115:25) (117:18) (119:11) (120:21) (123:8) (124:5) (127:22) (131:4) (131:7) (131:12) (132:12) (133:12) (134:9) (134:15) (135:2) (142:14) (142:24) (148:11) (149:6) (149:9) (150:6) (150:20) (150:25) (151:9) (154:22) (155:3) (155:11) (155:22) (156:9) (160:17) (160:20) (161:8) (161:14) (161:20) (163:18) (164:4) (164:8) (164:12) (165:15) (165:21) (166:2) (166:16) (166:24) (167:1) (167:8) (168:10) (169:23) (170:7) (170:17) (170:25) (173:22) (174:8) (174:11) (174:14) (174:15) (174:22) (175:2) (175:14) (175:23) (177:5) (177:13) (178:1) (178:18) (179:22) (181:1) (181:6) (181:25) T hom as B. Bonney; F e b ru a ry 25,1998 (183:4) (183:8) (183:14) (185:21) (187:14) (187:20) (187:23) (188:3) (188:3) (189:1) (189:5) (189:7) (189:24) (190:6) (190:7) (190:10) (190:13) (191:4) (191:9) (191:10) (191:11) (192:5) (195:6) asbestos-containing (79:15) (80:21) (149:17) (151:3) asbestos-lum nite (183:2) (186:21) asbestosis (31:7) (31:12) (32:5) (32:8) (32:14) (32:19) (61:25) (65:6) (65:17) (66:2) (66:14) (67:1) (67:19) (68:10) (84:13) (84:15) (84:21) (85:15) (89:5) (89:12) (94:2) (94:6) (94:10) (103:10) (103:13) (115:22) (116:10) (116:18) (134:6) (145:18) (156:12) (161:13) (162:11) (162:14) (163:6) (170:19) (172:3) (174:12) (174:13) (185:16) (192:11) ascertain (48:20) (97:9) aside (21:20) asking (5:13) (17:6) (25:18) (26:7) (49:21) (51:11) (91:2) (126:19) (136:8) (150:10) (150:11) (150:12) (150:12) (170:9) (171:10) (171:13) (171:17) (190:2) aspect (22:23) (147:10) aspects (22:16) (157:3) assist (5:18) (7:2) (128:22) (136:22) (137:7) assistance (7:1) (7:6) a ssistan t (12:18) assisting (21:16) associated (34:10) (80:12) (87:5) (97:2) (105:6) (116:5) (165:15) (174:11) (177:19) (186:14) association (85:20) (86:6) (86:19) (86:22) (94:2) (135:2) assum e (18:5) (59:13) (80:13) (80:14) (91:17) assum es (52:7) (129:18) assum ing (62:24) (80:21) (174:13) assured (127:9) atm ospheric (111:2) (144:15) (144:19) a tta c h (107:24) a ttach ed (108:23) (117:2) (124:1) (124:3) (132:24) (143:23) (144:1) (152:8) (186:19) (189:15) attach es (98:19) attach in g (153:7) a ttach m en t (96:14) (152:20) attach m en ts (96:12) (152:11) a tte m p t (24:7) (45:1) (45:19) (99:25) attem p tin g (114:9) (114:10) a tte n d (88:5) atten d ed (88:8) atten tio n (61:17) (104:13).(104:16) atto rn ey (194:12) attorneys (10:4) (10:11) (10:18) (33:20) (33:21) (53:3) (53:14) (121:20) a ttrib u ted (8:4) august (76:24) (77:6) au stin (48:12) (48:20) (111:15) (181:2) a u th o r (59:6) (90:2) (131:8) (161:19) (163:4) (171:4) (171:17) (172:24) au th o ritativ e (91:3) au thorities (72:13) (120:1) (120:19) autopsy (85:16) availability (58:19) Thom as B. B onney; F eb ru ary 25,1998 W hatley vs. Aleoa available (31:12) (56:2) (56:17) (56:18) (68:24) (78:13) (86:7) (93:15) (93:16) (93:21) (94:22) (98:24) (99:5) (100:6) (167:5) (167:19) (169:7) (169:12) (172:16) average (125:2) (139:9) (143:10) avoid (75:3) (109:16) (132:13) (144:13) (183:8) avoiding (18:16) aw are (7:19) (7:24) (17:19) (17:22) (17:23) (18:23) (19:1) (19:8) (19:19) (23:6) (24:14) (24:20) (25:2) (25:9) (25:15) (25:18) (28:14) (28:17) (28:18) (28:22) (31:1) (32:7) (32:11) (32:13) (33:1) (33:1) (33:4) (33:6) (34:17) (34:18) (34:20) (34:22) (38:5) (41:9) (41:21) (41:24) (42:1) (42:3) (42:7) (43:2) (43:4) (43:23) (43:25) (44:1) (44:12) (44:19) (46:24) (46:25) (50:4) (50:11) (61:21) (63:4) (63:17) (65:12) (68:12) (72:22) (77:5) (77:5) (77:8) (77:10) (83:5) (86:11) (86:21) (88:5) (91:6) (95:2) (102:2) (102:16) (102:20) (109:24) (110:21) (110:24) (111:20) (111:24) (112:5) (112:17) (112:20) (112:23) (113:1) (113:9) (118:5) (118:22) (119:22) (127:24) (133:11) (135:1) (149:8) (149:14) (149:20) (150:3) (150:13) (150:18) (150:25) (151:5) (156:25) (163:12) (164:18) (165:14) (165:17) (166:4) (178:1) (186:13) (188:21) (189:5) (189:8) (189:10) (190:16) (190:25) (191:25) aw areness (6:15) (78:6) (78:9) away (128:22) (129:13) (130:8) (131:22) awful (141:20) ============== B ============== bachelor (12:24) back (12:10) (14:20) (22:7) (23:23) (29:5) (30:20). (31:17) (34:19) (34:21) (47:11) (49:19) (51:17) (52:19) (55:24) (83:8) (88:12) (88:15) (101:4) (105:1) (113:11) (113:21) (114:3) (114:18) (114:19) (129:8) (134:24) (135:3) (136:7) (138:1) (140:5) (142:4) (144:7) (163:9) (171:14) (175:11) (187:10) (190:4) background (13:1) (17:14) backgrounds (48:18) (48:19) (48:19) bad (129:23) b ak er (2:11) band (122:18) (122:20) (123:22) (128:14) barricade (78:25) based (34:7) (74:1) (75:25) (95:1) (105:3) (110:11) (129:10) (134:9) (136:4) (142:23) (150:1) (155:21) (174:13) basic (96:8) (174:12) basis (21:25) (29:7) (63:1) (135:7) (149:16) (150:4) (154:8) (164:17) (170:7) bauxite (99:21) (99:22) (100:16) b e ar (58:22) becam e (24:20) (25:9) (26:25) (28:21) (104:17) (146:18) (165:21) becomes (29:18) becoming (165:14) (190:16) beers (155:20) beforehand (145:22) beg (13:3) (69:15) (74:3) (82:4) (83:20) (147:7) began (23:12) (35:4) (35:5) (175:12) begin (120:21) begins (3:1) (71:4) (142:3) begun (14:12) b eh alf (2:2) (2:6) (2:10) (2:13) (69:11) (69:12) (110:7) (136:21) believe (14:7) (37:1) (71:18) (148:9) believed (60:22) (63:25) below (18:17) benefit (66:7) (75:22) (76:3) (114:6) (120:17) benefits (3:24) besides (20:5) best (5:21) (6:3) (10:21) (52:9) (53:2) (88:1) (90:12) (92:13) (93:18) (108:12) (167:18) (167:18) b e tte r (47:21) (48:2) (115:9) (122:14) (129:8) beyond (60:5) bias (109:17) (157:12) (158:8) (158:12) (158:12) (158:17) biased (107:21) (108:6) (108:18) (109:8) biggest (174:16) (174:17) bill (54:21) binding (80:11) b irth (4:10) (4:11) b it (12:6) (16:19) (31:23) (36:19) (56:25) (69:4) (95:20) (180:11) blade (122:18) blank (156:17) blind (189:23) block (22:6) bloody (184:2) blown (131:22) blue (63:13) board (130:17) bodies (64:5) (64:9) body (167:7) (167:10) bonney (1:12) (1:15) (3:2) (3:5) (3:13) (3:14) (9:24) (17:19) (28:14) (33:25) (52:22) (70:4) (71:5) (71:8) (92:15) (114:6) (116:17) (125:4) (125:20) (125:25) (126:24) (133:10) (137:22) (139:18) (141:25) (142:4) (142:9) (143:4) (146:1) (154:3) (157:14) (161:18) (171:1) (176:12) (176:20) (180:3) (183:16) (185:18) (191:14) (192:16) (192:19) (194:5) bonny (11:3) bonny's (117:8) book (57:16) (58:15) (59:5) (67:22) (84:12) books (44:1) (44:13) (57:23) (58:1) (59:23) (59:24) (59:25) born (11:24) borne (76:16) boss (110:15) (123:12) bottom (76:24) boulevard (2:4) box (2:19) (9:23) (9:24) boxes (56:23) (57:16) (57:21) (119:5) (121:4) (121:16) branch (122:16) b reak (9:18) (11:20) (36:18) (52:13) (52:15) (52:23) (69:23) (71:12) (139:25) (141:20) (141:23) breathing (153:3) (161:14) bred (157:11) AVAILABLE BRED WORD INDEX (C) S ten o v atio n s, Inc 1997 W hatley vs. Alcoa breeding (159:2) brickm asons (180:22) b rie f (52:23) (81:25) briefly (84:10) b rien (1:17) (194:4) (194:17) b ring (10:2) b ritish (62:23) (101:22) bronchogenic (94:1) brooklyn (11:25) (12:1) b ro th e r (59:14) (59:15) (107:15) b ro th ers (107:4) brought (9:11) (10:3) (10:5) (60:10) brow n (176:1) brushes (122:16) bucknell (12:20) (12:21) building (132:5) (164:7) (167:11) (195:14) b u lletin (96:23) bunch (105:22) b ureau (183:9) buy (57:2) bystanders (132:11) ============== C ============== California (117:4) (117:15) (117:16) (117:24) (118:3) (118:7) (118:17) (119:9) (119:14) (120:19) (121:1) (135:5) call (68:25) (77:22) (82:7) (83:22) (113:18) (116:25) (126:1) (192:16) called (1:15) (3:6) (50:16) (77:13) (77:25) (78:1) (78:20) (87:10) (87:20) calls (26:4) (36:8) (38:20) (43:7) (44:21) (45:12) (46:11) (47:14) (110:10) (120:11) (162:21) cam e (14:14) (17:8) (25:20) (26:6) (28:5) (40:4) (73:18) (85:4) (93:17) (102:6) (104:22) (158:23) (188:13) (190:4) Campbell (2:7) Canada (176:2) can cer (7:14) (28:16) (33:4) (34:2) (34:15) (35:7) (35:13) (35:21) (62:3) (62:14) (63:5) (63:15) (64:11) (64:16) (66:12) (66:19) (66:20) (66:22) (67:18) (74:19) (74:22) (75:1) (75:14) (82:22) (85:5) (85:16) (85:21) (86:24) (94:10) (95:5) (101:21) (102:3) (102:18) (103:15) (103:21) (104:7) (104:11) (104:11) (106:11) (115:21) (116:10) (116:18) (133:20) (134:3) (134:9) (134:16) (135:2) (145:24) (162:18) (163:13) (165:10) (166:15) (167:9) (169:23) (170:8) (170:19) (170:25) (172:3) (172:20) (174:10) (175:2) (175:7) (175:14) (175:23) (181:5) (181:10) (181:21) (186:9) (187:11) (187:13) (189:7) (192:9) (192:11) cancers (33:3) (33:7) (66:23) (67:24) (68:8) (116:2) (162:13) (163:5) cannot (34:7) (135:7) capability (100:5) capable (110:13) capacity (7:4) (23:9) (27:15) (89:2) (89:4) (100:5) cape (63:13) capital (48:13) caption (194:10) Thom as B. Bonney; F ebruary 25,1998 captioned (153:1) car (46:3) carcinogen (85:3) (85:5) carcinogenic (188:9) carcinogens (73:24) carcinom a (56:11) (94:1) (94:7) (94:18) (95:4) (103:9) (103:14) carcinom as (33:3) care (23:4) (103:1) (103:5) c aree r (93:19) (146:3) careful (135:21) (179:14) c a rrie r (5:17) carriers (5:25) carroll (2:14) (2:18) case (6:25) (7:3) (7:7) (7:11) (9:7) (11:11) (11:13) (18:2) (34:1) (34:5) (35:5) (36:10) (53:23) (54:2) (54:6) (84:14) (85:8) (85:10) (110:5) (110:12) (135:16) (137:14) (148:9) (151:5) (158:13) (163:11) (181:12) (182:17) (188:25) (189:5) cases (5:4) (8:17) (32:15) (84:21) (86:2) (98:2) (103:11) (188:22) (190:4) casually (127:8) casue (155:24) category (66:13) (66:25) (67:19) (68:8) cause (1:7) (8:10) (28:15) (28:19) (31:2) (32:4) (33:2) (33:18) (35:7) (35:9) (64:16) (68:7) (68:8) (68:9) (74:19) (74:22) (74:25) (75:14) (102:3) (103:21) (126:11) (134:16) (140:24) (156:14) (170:7) (175:2) (175:23) (187:11) (190:17) (192:6) (194:7) caused (7:15) (8:1) (31:7) (31:9) (32:19) (32:21) (33:7) (64:9) (94:19) (95:5) (138:12) (139:6) (141:4) (174:14) (188:23) causes (8:5) (65:25) (116:18) (167:8) (175:7) causing (82:22) (85:5) (104:6) (175:14) cautioned (194:5) cavities (187:14) ca v ity (181:5) (181:10) cem ent (181:25) (186:21) cen te r (2:9) c en tim ete r (156:2) c ertain (18:9) (18:17) (18:17) (25:10) (25:12) (88:3) (97:22) (99:10) (162:2) (174:19) certain ly (11:2) (23:5) (30:15) (36:15) (38:15) (40:13) (44:6) (46:23) (50:3) (56:3) (56:14) (63:7) (68:5) (75:13) (89:3) (97:21) (100:5) (101:7) (101:24) (104:13) (104:14) (109:14) (110:14) (144:8) (144:15) (151:15) (159:6) (164:18) (165:18) (165:23) (186:12) (191:17) certifcate (194:1) certified (3:7) (19:24) (19:25) (20:1) certify (194:4) (194:9) (194:11) cetera (15:3) (79:1) (79:1) (79:1) (98:20) (134:10) chairm an (154:15) (179:17) chance (183:21) chances (46:5) change (26:25) (74:8) (146:17)' changed (27:2) Thom as B. Bonney; F ebruary 25,1998 W hatley vs. Alcoa ch ap ter (56:10) (64:20) chapters (59:6) characterized (164:13) charged (121:6) charging (53:22) (53:24) (54:1) charleston (69:20) check (153:9) chem ical (12:18) chem ist (13:15) (16:10) (16:16) (17:9) chem istry (12:24) chest (181:5) (181:10) (187:13) Chicago (88:6) chief (85:13) (146:6) (146:16) choice (179:15) chrisco (161:1) circulated (133:9) (185:15) (185:20) (186:5) circulating (24:9) circum stances (11:12) (11:16) (25:10) (25:12) (38:23) (176:22) cite (175:22) cited (68:13) (177:12) (181:14) citizen (75:7) citizens (49:12) city (128:6) (143:23) civil (1:16) clarification (43:11) (155:8) (155:23) (156:13) clarified (155:7) (176:25) clarify (25:7) (34:11) (58:12) (120:16) (190:20) classified (16:12) clayton (59:4) cleanup (5:6) (5:18) (5:23) clear (10:10) (15:11) (47:3) clearly (141:22) (154:21) clients (69:13) (69:17) clipped (181:1) clock (1:19) (70:7) (70:8) (142:5) (193:6) clogging (153:2) close (45:24) (46:1) (124:9) (124:12) (190:13) closely (50:18) closer (170:2) (170:15) (171:6) clothes (35:14) (181:11) (181:19) clothing (8:19) code (79:7) cognizant (18:22) collect (13:21) collected (13:20) (15:17) collection (27:3) collectively (49:8) colleen (1:17) (194:4) (194:17) college (12:18) (12:19) colon (165:11) come (4:7) (22:7) (24:23) (26:8) (43:15) (45:20) (45:24) (58:18) (59:5) (82:25) (102:8) (102:il) (147:20) comes (135:25) comfort (37:22) (39:25) (48:22) (50:7) (112:23) coming (35:14) (90:14) (90:17) (121:22) (169:10) (170:16) (192:17) com m encem ent (151:19) commencing (1:18) com m ent (31:15) (92:5) (182:21) comments (144:1) (161:11) (182:1) (182:14) commission (194:18) com m itm ent (72:8) com m ittee (61:1) (61:3) (74:13) (96:6) (97:1) (145:15) (145:17) (154:15) (177:18) (179:18) commonwealth (1:17) (194:2) (194:4) (194:18) com m unicate (73:22) (74:18) com m unicated (127:19) comm unication (24:15) (74:12) (75:9) (75:11) (135:15) (176:22) communications (121:8) communities (64:6) com m unity (64:11) (95:8) (102:10) companies (69:9) (69:19) company (47:21) (69:18) (90:3) (147:13) (168:8) (192:12) company's (76:6) compare (97:15) com pared (75:8) com pensation (137:3) (138:18) com plaints (158:4) com plem entary (59:7) complete (14:12) (48:12) (156:17) (178:7) (178:20) com pletely (155:17) completion (179:6) com plim ented (147:16) com ponent (183:4) comport (142:16) comports (148:12) composition (155:6) computer-aided (194:8) conceivably (179:10) concentrate (175:16) concentration (90:16) (124:21) concentrations (111:2) (162:10) concept (65:2) concern (15:20) (18:9) (27:24) (34:25) (43:16) (64:15) (76:11) (76:14) (81:21) (105:3) (105:5) (117:15) (118:6) (125:21) (126:11) (126:13) (126:16) (126:20) (126:23) (127:15) (129:17) (132:2) (132:5) (136:21) (141:1) (141:2) (150:23) (151:13) (154:12) (154:13) (154:19) (154:21) (154:22) (154:25) (155:3) (156:20) (160:20) (160:23) (174:12) (178:18) (185:19) (191:18) concerned (37:12) (51:25) (76:2) (80:9) (80:24) (118:18) (119:10) (119:14) (120:20) (121:1) (125:14) (125:16) (126:4) (159:15) (165:21) (173:9) (179:20) (180:24) (188:17) concerning (13:2) (23:19) (26:17) (35:5) (35:12) (37:20) (38:2) (38:25) (39:6) (40:25) (41:1) (41:22) (56:10) (56:20) (57:11) (61:13) (63:5) (64:23) (86:23) (87:12) (99:1) (103:20) (104:10) (119:2) (119:25) (155:21) (162:18) (164:3) (176:17) (183:2) (183:18) (185:13) (186:20) . concerns (30:11) (42:17) (76:13) (120:1) CHAPTER - CONCERNS WORD INDEX (C) S ten o v atio n s, In c 1997 W hatley vs. Alcoa concluding (102:17) conclusion (36:8) (38:21) (43:7) (44:22) (45:13) (46:12) (47:15) (109:10) (143:14) conclusive (86:5) (104:14) conclusively (34:10) (85:20) concur (107:22) conditions (89:6) conduct (184:6) conducted (131:21) (189:17) conference (15:4) confidential (180:15) (180:20) confined (32:22) (174:19) confirm (102:10) confirm ation (102:11) confirm ed (102:7) (134:21) (167:13) conform (39:2) (141:17) confused (30:5) (98:13) confusing (92:13) (112:4) congress (169:17) connection (86:23) (104:10) (104:11) (128:15) (134:9) (162:18) (183:1) consensus (167:19) consider (48:7) (79:15) (91:3) (133:22) (135:12) (153:12) (154:11) (174:23) (178:25) (182:4) consideration (50:14) (51:4) (51:20) (51:22) (117:5) (117:7) (117:25) considerations (50:13) (50:23) considered (20:18) (20:22) (55:20) (79:5) (127:17) (134:20) (136:5) (150:23) (174:8) (174:15) considering (32:18) (176:18) considers (8:12) consistent (84:24) constitute (10:17) (79:16) (82:1) (82:2) (82:5) constituted (81:14) constitution (2:19) construction (169:18) consultant (6:21) consulting (21:24) (69:3) (69:4) (69:10) (69:16) (83:15) (84:9) contact (137:9) (159:11) (183:3) contacted (7:5) (9:8) co n ta in e d (10:22) (13:25) (56:9) (56:15) (61:12) (88:21) (98:22) containing (17:21) (17:24) (27:24) (78:24) (80:20) contains (104:5) (183:4) co ntam inant (25:3) (167:11) contam inants (111:2) (167:12) contem poraneous (126:17) co n ten t (89:8) (142:24) (155:22) (178:1) context (35:2) (65:5) (67:22) (92:16) (92:17) (102:5) (137:17) (174:9) continue (16:2) (16:9) (91:18) (192:3) continued (6:19) (18:2) (93:16) (105:13) (160:19) continuing (142:11) (149:16) (150:4) (179:21) continuous (35:2) (133:25) continuously (156:25) (157:2) co n trary (52:3) Thom as B. Bonney; F ebruary 25,1998 contrasted (170:10) control (23:15) (50:20) (88:22) (91:25) (98:1) (160:1) controls (135:20) (136:2) (136:3) (142:22) (180:8) conversation (26:15) convey (171:12) (171:18) conveys (171:13) copied (109:25) (110:14) (144:2) copies (58:1) (91:22) (91:24) (92:1) copy (58:21) (59:2) (59:7) (60:6) (68:25) (93:7) (107:7) (115:11) (132:24) (161:1) (177:17) (186:19) (192:23) (192:25) (193:1) corporate (38:5) (40:17) (50:13) (50:23) (71:16) (72:8) (73:18) (73:18) (75:7) (117:1) (135:24) (136:8) corporation (123:5) (158:11) (158:25) (159:17) corporation's (46:7) correct (6:23) (15:11) (15:15) (16:17) (18:14) (18:21) (20:25) (22:23) (27:21) (28:4) (29:15) (30:3) (31:3) (31:5) (32:5) (39:16) (41:23) (42:6) (47:9) (52:25) (53:9) (53:20) (55:18) (61:23) (66:4) (66:20) (66:23) (67:2) (68:10) (76:16) (81:16) (81:23) (84:25) (85:6) (85:24) (87:18) (90:5) (90:9) (92:11) (92:20) (94:24) (97:17) (98:9) (99:22) (101:19) (107:10) (107:16) (107:17) (108:8) (109:9) (110:15) (111:10) (116:3) (119:6) (120:2) (120:10) (121:6) (123:5) (123:12) (127:4) (127:24) (129:13) (129:17) (130:1) (130:10) (131:4) (131:12) (132:9) (133:9) (134:3) (134:17) (140:11) (144:10) (145:4) (145:19) (145:24) (147:2) (151:6) (151:11) (152:17) (155:2) (155:12) (155:13) (156:11) (160:9) (160:22) (161:3) (162:18) (163:6) (164:20) (181:13) correctly (61:19) (63:22) (64:12) (65:21) (66:14) (72:14) (77:3) (89:9) (89:25) (90:1) (97:5) (108:1) (117:10) (122:23) (127:12) (135:22) (143:1) (144:21) (149:1) (160:2) (161:16) (162:14) (164:9) (165:7) (170:20) (172:4) (172:7) (173:23) (177:20) (178:7) (183:5) (186:24) (188:5) (191:12) correlation (35:18) correspondence (107:6) (110:19) (119:9) (120:18) (133:1) (152:9) (154:24) (155:3) (156:19) (195:8) (195:10) cost (50:14) (50:17) (50:22) (51:4) (51:9) (51:21) (51:24) (52:10) (76:2) (76:15) (76:15) (82:21) (83:3) (101:4) (101:5) costly (50:20) (135:20) (136:1) council (87:21) (88:6) (88:12) (88:19) (92:9) (92:20) (169:3) (169:6) (169:11) (173:19) (194:12) counsel (53:1) count (100:19) (101:12) counting (100:9) country (21:22) county (1:1) (7:18) (194:3) couple (19:7) (41:18) (143:20) (152:11) (153:6) (185:6) course (53:17) (61:21) (68:9) (74:6) (114:3) (119:6) (187:17) (191:25) court (1:1) (3:3) cover (54:8) covered (54:10) (150:15) Thom as B. Bonney; February 25,1998 Whatley vs. Alcoa covering (79:4) (79:15) (81:14) cox (2:7) craftsm en (170:18) cralley (17:11) (17:12) (20:6) (21:3) (23:17) (25:14) (25:18) (26:8) (59:3) (59:3) (59:11) (59:13) (67:5) (68:6) (87:6) (87:15) (93:21) (94:22) (95:25) (96:7) (98:12) (98:16) (99:7) (106:18) (106:19) (106:20) (106:22) (107:7) (107:9) (107:10) (107:16) (108:4) (108:5) (108:7) (109:7) (109:23) (110:6) (110:14) (110:18) (110:18) (123:12) (127:20) (127:23) (132:21) (143:21) (144:7) (146:10) (151:25) (161:1) (177:17) (180:13) (185:25) (186:4) (186:18) (187:10) (191:17) cralley's (17:14) (25:23) (26:5) (59:14) (182:24) (182:25) (185:21) (188:19) created (80:2) (80:22) (151:9) creating (75:3) (118:19) (132:3) (170:23) critical (41:6) (41:20) (43:19) crocidolite (63:12) (182:18) (182:19) (183:5) (186:14) (187:23) (191:18) cropping (187:14) (187:19) (187:22) cross (184:6) crossed (106:7) (161:2) (165:24) (191:15) crucible (180:23) (182:1) (186:21) crysotile (176:2) (183:4) (187:24) (191:19) cubic (17:25) (63:21) (112:14) (124:4) (124:19) (124:20) (125:20) (142:21) (144:10) (145:4) (145:11) (156:2) curious (43:14) curves (122:16) cut (128:14) (128:18) (130:16) (130:21) (151:2) (155:15) cutting (122:21) (124:6) (128:10) (130:10) (131:3) (131:16) (131:20) (132:3) (132:12) (151:10) (151:14) (153:20) (154:1) daily (45:16) (144:9) (144:16) dallas (2:5) dandy (71:10) dangerous (61:22) (97:24) (125:24) (126:1) d ata (170:16) d atash eets (124:1) (124:3) d ate (1:19) (4:10) (4:11) (28:14) (62:21) (65:9) (68:2) (89:14) (111:5) (133:10) (153:5) (177:25) (179:5) d ated (71:21) (117:2) (142:11) (159:20) (180:13) davenport (96:1) (96:24) (97:4) (98:6) (99:19) dawson (185:12) day (1:19) (77:22) (91:23) (103:1) (103:3) (144:20) (145:6) (194:14) days (143:20) (158:24) deadly (188:1) (189:6) deal (184:15) dealing (22:17) d eath (28:19) (32:15) (68:9) (101:19) (102:3) deaths (102:17) (165:5) deceased (1:5) decem ber (54:10) (54:12) (54:12) decide (127:10) (167:16) decided (49:12) (123:24) (127:21) decides (130:16) decision (124:2) (135:6) defendant (2:6) (2:10) (2:13) defendants (1:10) defending (7:2) defer (107:13) defines (114:5) defining (61:18) definite (65:19) definitely (80:6) definition (79:2) definitions (79:6) definitive (134:20) degree (12:23) (23:7) degrees (28:25) (162:11) delay (184:8) dem onstrate (85:20) dem ontrate (124:3) departm ent (20:17) (20:19) (20:23) (21:1) (21:2) (21:5) (21:6) (21:10) (23:18) (24:5) (42:10) (42:13) (42:14) (42:18) (58:14) (62:25) (62:25) (63:7) (71:17) (106:20) (111:14) (122:7) (122:8) (123:20) (127:9) (127:16) (128:7) (130:14) (131:19) (132:1) (132:25) (137:8) (137:10) (142:10) (142:13) (143:23) (169:9) (170:5) (189:18) (195:7) (195:7) departure (30:16) (78:13) depend (8:11) (77:21) (80:10) (82:9) (135:20) depends (109:3) (180:21) deposed (3:8) deposition (1:12) (1:15) (3:2) (4:14) (45:20) (54:4) (57:15) (61:6) (70:4) (71:2) (71:5) (73:8) (76:18) (95:15) (117:12) (122:4) (123:14) (128:2) (132:18) (133:4) (141:25) (142:4) (142:6) (143:17) (144:5) (151:19) (152:4) (157:6) (158:21) (160:4) (161:5) (176:8) (177:22) (182:22) (187:1) (192:15) (192:19) (193:7) (194:6) (194:9) (195:4) depositions (1:16) (5:1) (5:12) described (80:23) description (20:7) (136:24) (136:25) deserve (75:18) (75:19) deserved (75:15) designated (16:9) (150:5) designation (20:7) designed (129:12) (129:25) (130:8) (134:2) (145:23) designing (142:22) desired (31:23) (100:25) (101:7) desk (106:8) (165:24) (188:13) (191:16) despite (128:21) (129:15) detail (150:9) detailed (78:16) (85:19) details (99:1) detection (181:23) determ ination (51:10) determ ine (14:13) (47:6) (48:13) (50:5) (57:16) (97:22) (137:4) (151:8) determ ined (10:18) determ ines (110:5) COVERING - DETERMINES WORDINDEX (C) S ten o v a tio n s, In c 1997 W hatley vs. Alcoa determ ining (97:2) (136:1) develop (8:18) (65:9) (89:6) (102:2) (115:22) (133:20) (190:14) developed (7:14) (14:17) (35:12) (39:8) (64:24) (189:6) (191:3) developing (8:14) (166:3) (170:25) (172:20) developm ent (35:21) (116:1) (116:3) (134:3) developm ents (87:17) develops (8:8) devices (182:4) diagnosed (190:3) diagnosis (191:25) die (36:22) (167:14) (167:15) (168:8) (193:7) died (7:21) (66:18) (85:15) (165:10) (181:10) differ (76:6) different (28:8) (28:25) (28:25) (46:7) (51:12) (73:4) (73:7) (75:6) (106:20) (126:5) (126:7) (171:20) difficult (6:5) (43:5) (57:3) (139:2) (140:8) (147:12) (147:15) difficulty (153:2) diffuse (166:23) dig (44:3) digest (94:24) (98:18) (101:14) (103:8) (104:4) (106:6) (116:9) (163:17) (166:13) (166:22) (168:25) digestive (66:13) (66:22) (67:18) digests (99:3) (99:4) (106:7) digiest (94:14) digress (89:17) d irect (35:18) (76:10) (190:17) (190:20) directed (61:17) directions (24:16) directly (98:17) d irector (22:4) (22:11) (169:15) disagree (153:25) (173:25) (179:13) discom fort (153:1) discontinue (123:24) discovered (151:21) discovery (91:1) (91:13) discuss (127:7) discussed (35:21) (57:17) (85:23) (96:15) (98:24) (151:25) (163:8) (163:14) (177:18) discusses (77:13) (78:20) (152:6) discussing (110:23) (132:21) (159:20) discussion (65:14) (72:6) (104:17) (153:24) (161:7) (169:4) disease (7:25) (7:25) (8:10) (8:18) (28:15) (31:13) (32:9) (32:12) (32:19) (32:21) (35:9) (35:19) (35:24) (65:8) (65:20) (66:1) (66:2) (66:13) (66:25) (67:19) (68:8) (86:1) (137:4) (137:5) (161:13) (165:14) (167:15) (173:21) (174:14) (186:13) (187:19) (188:2) (190:5) (190:14) (190:18) (191:3) (191:23) (192:1) (192:6) (192:8) diseases (23:1) (23:5) (23:8) (23:25) (28:18) (33:18) (58:15) (65:2) (65:3) (67:12) (68:13) (68:21) (111:10) (116:3) (166:15) dislodging (78:22) disposal (56:4) T hom as B. Bonney; F eb ru ary 25,1998 d isp ro p o rtio n ate (157:9) disprove (136:17) (137:12) (138:7) (138:12) (139:1) (139:6) disproving (136:22) (140:7) dispute (110:17) d istrib u ted (88:19) (192:22) d istrict (1:1) (1:2) d istu rb an ce (79:3) disturbs (185:14) division (20:19) (71:17) (99:10) (111:15) (153:9) do cto r (17:12) (98:13) (116:17) (191:22) (192:15) (192:16) doctor's (108:6) doctors (22:17) (187:11) docum ent (71:21) (71:22) (72:3) (73:17) (76:23) (77:15) (78:7) (95:13) (102:22) (108:11) (110:25) (114:13) (114:14) (114:17) (118:9) (118:15) (119:23) (126:18) (152:17) (170:5) (184:1) (184:22) do cu m en tatio n (33:16) (59:21) (60:23) docum ented (84:14) (190:4) docum ents (9:6) (9:11) (9:24) (10:10) (10:13) (10:16) (10:22) (11:4) (11:10) (11:15) (33:10) (33:22) (33:25) (52:2) (71:25) (90:25) (118:12) (119:2) (119:6) (119:8) (119:17) (119:24) (120:3) (120:8) (120:13) (121:16) (121:20) (133:8) (157:21) (193:2) doesn't (93:5) (108:5) (108:6) (120:12) (145:2) (145:7) (148:18) (171:7) (173:15) (179:9) (179:10) (179:11) (181:19) (189:14) doing (27:17) (41:25) (45:4) (46:4) (80:1) (118:7) (131:10) (151:7) doll (62:2) (62:6) (85:22) (101:16) (102:9) (135:1) doll's (134:17) (134:20) done (15:13) (53:20) (58:22) (69:10) (97:8) (148:7) (167:16) (178:24) doors (130:21) (131:21) (131:22) dose (29:17) (81:18) (81:20) doubt (110:20) (123:18) (170:17) doubtlessly (156:25) down (36:18) (140:4) (149:5) (192:17) draw (156:17) d raw er (2:8) draw ing (122:12) d rin k e r (55:13) (55:18) (56:6) (56:8) (56:15) (96:14) drive (2:12) (45:20) (48:11) driven (156:6) driving (45:19) (46:3) (149:23) dry-mixes (181:24) ducting (122:15) ducts (122:16) dudly (22:8) duly (3:7) (194:5) duplicates (10:3) during (4:4) (9:18) (13:4) (16:8) (16:14) (17:5) (17:17) (25:24) (26:1) (55:1) (71:23) (71:24) (72:16) (82:20) (116:20) (124:5) (144:20) (148:14) (150:6) (152:25) dust (13:23) (13:25) (14:5) (14:24) (15:3) (15:13) (15:17) (17:21) (17:24) (27:18) (27:24) (27:24) (64:16) Thom as B. Bonney; February 25,1998 W hatley vs. Alcoa (80:3) (80:7) (80:10) (80:22) (88:22) (89:4) (89:19) (90:9) (90:16) (90:19) (92:6) (92:21) (96:15) (99:8) (99:18) (100:2) (100:8) (100:17) (100:19) (100:25) (101:12) (107:14) (118:19) (119:11) (120:21) (122:12) (125:18) (127:22) (128:23) (129:13) (130:1) (130:8) (130:23) (131:4) (131:7) (131:21) (132:3) (144:15) (144:20) (151:7) (151:8) (151:9) (160:9) (161:14) (166:16) (170:17) (170:24) (177:18) (178:13) (178:15) (179:6) (181:1) dusts (18:7) (89:1) (89:7) (112:11) (131:11) duties (13:17) (26:24) (137:1) (164:19) duty (44:18) (73:6) (75:6) dying (66:8) (67:11) (181:17) earlier (15:12) (27:21) (32:3) (35:10) (51:16) (60:21) (74:11) (83:9) (85:24) (93:13) (99:24) (105:13) (112:16) (114:2) (134:19) (146:2) (148:3) (153:24) (169:2) (176:19) (181:14) early (15:13) (20:23) (26:1) (29:12) (30:4) (30:6) (30:21) (31:1) (31:20) (32:2) (34:1) (34:12) (39:9) (40:6) (40:7) (55:14) (55:19) (61:23) (62:22) (80:1) (81:6) (92:10) (95:3) (96:19) (100:3) (120:19) (133:10) (134:7) (137:2) (147:20) (147:25) (162:17) (165:13) (175:12) (188:21) (189:4) earn (4:3) ease (158:13) easier (12:8) easily (9:3) east (2:19) edited (59:2) (67:4) education (35:3) educational (12:25) effect (65:14) effective (111:5) (180:8) (183:14) effects (61:18) (61:22) effort (57:14) (149:8) efforts (23:18) (50:5) (178:10) eight (27:9) (129:2) (129:5) (139:8) (143:9) (144:9) (145:5) (155:22) (190:10) e ith e r (5:3) (21:24) (24:4) (50:7) (56:9) (62:25) (81:21) (130:8) (194:12) elim inate (122:16) elim inated (157:13) (158:9) (160:13) elim ination (159:23) em phasis (27:2) em phasize (159:22) employed (3:16) (4:6) (4:7) (4:9) (15:9) (17:1) (20:6) (21:10) (21:24) (82:24) (86:17) (146:22) (164:19) employee (7:14) (7:20) (47:23) (74:12) (75:1) (78:6) (78:9) (140:25) (141:2) (141:7) (186:23) employees (18:16) (36:15) (36:21) (41:6) (45:4) (45:7) (46:23) (49:16) (73:6) (73:22) (74:15) (74:18) (76:12) (82:23) (127:3) (150:3) (150:5) (156:20) (158:13) (164:12) (180:1) (183:2) (186:20) em ployer (36:20) (44:18) (47:20) (50:19) em ploym ent (3:21) (25:8) (60:15) (111:3) (136:23) enclosed (122:12) end (62:13) (77:21) (79:18) (79:20) (91:23) (102:25) (103:3) (135:15) (139:1) (140:7) (146:24) (157:8) (159:21) ends (70:3) (141:24) (192:18) enforce (37:2) (38:14) engagement (137:14) engineer (191:9) engineering (136:1) (180:8) engineers (179:25) england (85:14) enhanced (175:6) enough (30:8) (32:15) (36:2) (60:9) (72:5) (79:10) (80:24) (89:3) (94:17) (113:8) (121:23) (127:19) (130:13) (151:23) (157:24) (164:1) (164:18) (176:10) (179:4) entered (12:19) entire (17:4) (17:5) (84:4) (114:13) (137:22) (154:4) (158:5) (160:11) (161:22) (171:2) (172:23) (173:1) (173:5) (173:6) (180:4) (183:17) entitled (58:15) (82:13) (94:1) (94:18) (106:11) (126:22) (163:18) (166:15) (169:17) (187:10) environm ent (14:9) (14:24) environm ental (5:6) (5:9) (5:18) (6:6) (23:16) (78:17) (136:2) (136:3) epidemiologic (85:19) episode (78:22) (79:5) episodes (78:21) epoxies (155:9) (159:22) epoxy (154:19) (154:25) (159:16) (159:21) (160:7) (160:14) (176:25) equipment (100:8) (100:10) (135:12) (178:15) (178:16) equipped (123:21) especially (25:3) esquire (2:4) (2:7) (2:11) (2:15) (2:18) essence (145:14) essentially (146:19) established (18:15) (18:23) (21:3) (65:19) (115:19) estab lish es (77:2) establishing (18:19) estate (1:5) estim ates (82:14) (82:21) estim ation (156:1) (168:7) evaluate (14:9) (82:11) (175:19) evaluation (13:20) (23:15) (81:10) (109:10) (109:20) (136:4) event (41:6) (63:3) (99:1) (107:5) (121:13) (130:15) (178:17) (194:12) events (157:11) everyone (192:23) (192:25) everything (177:14) evidence (52:8) (86:5) (90:12) (103:23) (108:12) (108:21) (119:13) (119:20) (120:25) (129:19) evolving (23:25) ewing(2:ll) exact (62:21) (123:9) (155:15) exactly (5:20) (7:8) (20:3) (31:17) (149:11) examination (3:9) (184:6) (195:2) DUST - EXAMINATION WORD INDEX (C) S ten o v a tio n s, Inc 1997 W hatley vs. Alcoa exam ple (14:24) (19:8) (24:10) (37:16) (37:22) (41:15) (42:18) (55:8) (55:12) (73:5) (79:3) (79:13) (86:16) (86:19) (96:14) (112:10) (124:4) (126:8) (151:1) (191:8) exceed (138:19) (139:9) exceeded (97:23) (111:23) (111:25) (128:20) exceedingly (165:6) exception (59:18) (143:9) excerpt (59:20) excess (66:11) (66:16) (67:17) (102:17) (118:19) (129:4) excesses (89:6) excessive (128:19) (131:4) excited (114:1) exclusively (8:1) (8:3) excursions (112:1) (124:14) excuse (26:2) (36:7) (42:23) (43:3) (43:5) (43:11) (43:12) (43:13) (43:14) (49:1) (49:7) (95:7) (99:19) (113:25) (116:17) (120:3) (177:8) ex haust (122:11) (122:13) (122:14) (122:19) (123:22) (128:15) (128:21) (129:12) (130:7) exhibit (71:2) (73:8) (76:18) (93:4) (93:5) (93:8) (115:7) (117:12) (122:4) (123:14) (128:2) (132:18) (133:4) (142:6) (143:17) (144:5) (152:4) (157:6) (158:21) (160:4) (161:5) (173:12) (176:8) (177:22) (180:17) (182:22) (187:1) (193:2) exhibits (192:21) (193:3) (195:4) exist (34:6) (39:3) (44:8) existed (34:9) (34:21) (39:9) (48:24) (136:11) existence (39:20) (63:5) (186:13) existing (34:17) (34:19) exists (157:1) expanding (157:2) expect (48:10) (48:14) (48:16) (48:17) (66:19) (72:10) expected (66:7) (72:17) (97:25) (112:22) expensive (101:6) experience (7:24) (75:25) (147:4) (147:14) (147:23) (147:25) (153:1) experim ents (123:24) expertise (64:24) (101:12) (147:23) expires (194:18) explain (140:17) explanation (178:22) explanatory (143:24) exposed (63:12) (113:3) (113:5) (131:23) (144:19) (162:5) (178:12) (179:22) (187:23) exposure (7:15) (8:2) (8:7) (8:9) (8:12) (8:13) (8:17) (18:17) (29:17) (32:20) (33:2) (33:7) (35:13) (35:18) (35:23) (35:24) (56:10) (65:9) (67:24) (81:24) (81:25) (82:10) (85:21) (89:3) (89:6) (114:5) (114:7) (132:13) (133:25) (138:13) (141:4) (141:12) (144:9) (155:22) (156:9) (156:22) (161:15) (161:21) (162:5) (163:18) (164:8) (164:12) (165:16) (166:1) (166:16) (167:1) (170:25) (180:25) (181:12) (182:17) (183:8) (190:6) (190:17) (190:21) (191:5) (192:6) exposures (13:21) (18:9) (23:1) (23:16) (23:16) (24:24) (35:6) (35:8) (100:1) (101:9) (138:20) (139:6) (142:23) T hom as B. B onney; F e b ru a ry 25,1998 (144:17) (155:4) (160:9) (160:16) (162:9) (167:12) (174:18) (174:20) (174:22) (181:6) (182:18) (188:22) express (132:1) expressed (81:21) (127:15) (152:25) expressing (126:20) extensively (65:18) (123:1) ex ten t (4:18) (53:10) (133:17) (164:12) ex tra (105:23) extrem ely (28:6) (30:18) (130:10) (135:19) eye (89:20) faced (75:14) facilities (6:17) (21:22) (22:18) (39:17) (64:17) (98:25) (101:9) (122:9) (123:2) (178:11) facility (7:18) (17:1) (37:17) (100:22) (148:4) (148:11) (148:13) (149:9) (149:22) (149:24) (150:2) (179:21) fact (19:1) (19:3) (24:4) (25:15) (35:5) (65:25) (77:8) (83:5) (91:7) (93:20) (93:23) (98:13) (98:22) (102:24) (104:16) (108:25) (128:21) (129:15) (129:19) (142:17) (155:8) (158:23) (159:4) (159:19) (160:19) (187:18) facto r (51:9) (52:10) factories (85:14) facts (7:10) (52:7) (110:12) factual (191:1) fa ir (25:11) (30:8) (34:7) (34:16) (36:2) (36:23) (60:9) (61:11) (66:9) (67:20) (72:5) (79:10) (94:17) (105:11) (121:23) (126:12) (127:1) (127:19) (130:13) (135:13) (135:24) (141:14) (141:15) (146:7) (151:18) (151:23) (156:22) (157:24) (164:1) (164:18) (176:10) (179:4) (181:8) fairchild (2:7) fairly (9:2) (24:2) (41:4) (156:3) fall (36:9) falling (78:22) falls (89:5) fam iliar (8:15) (11:12) (11:15) (11:17) (14:20) (14:23) (15:1) (15:6) (44:7) (61:13) (65:1) (65:4) (77:15) (87:21) (187:18) fam ilies (191:3) fam ily's (180:25) fa r (59:11) (117:11) (133:8) fa rra h (152:12) (152:21) fashion (4:22) fa ta l (187:13) (191:24) (192:1) fa th e r (188:2) (191:9) (191:9) fau lt (141:14) fears (159:8) featu re (186:9) february (1:13) (54:13) (54:22) (103:9) (104:5) (135:25) (142:11) (143:20) (143:21) federal (1:16) (40:24) (41:7) feel (9:5) (11:14) (23:23) (113:17) (160:10) feet (78:23) (78:23) (79:4) (79:14) (81:13) felt (23:22) (29:25) (45:6) (154:22) (188:25) (192:10) ferruginous (64:5) few (17:9) (42:7) (55:11) (60:19) (68:1) (76:22) (145:12) (180:9) Thom as B. Bonney; F ebruary 25,1998 W hatley vs. Alcoa fiber (78:21) (78:21) (79:5) (124:5) fibers (14:18) (14:19) (64:8) (64:10) (65:20) (103:15) fibrosis (30:12) (31:2) (31:6) (32:4) field (23:11) (37:4) (41:5) figure (69:25) (125:15) files (10:23) (57:10) (57:11) (73:19) (117:1) fill (147:15) filled (20:11) filter (69:24) finally (123:24) (159:9) find (44:3) (44:15) (57:4) (77:20) (80:19) (82:10) (149:11) (163:1) (189:23) finding (64:4) fine (70:2) (71:10) (141:23) (143:7) (171:19) finished (12:19) (113:15) (141:22) (182:15) firm (179:5) first (3:7) (4:7) (7:5) (9:8) (14:4) (14:12) (15:8) (16:21) (28:8) (39:24) (43:2) (65:6) (65:9) (65:23) (77:11) (84:14) (85:2) (85:19) (86:2) (108:1) (122:23) (134:18) (141:6) (142:25) (143:7) (161:16) (165:7) (172:14) (194:5) firstly (89:25) (117:10) (173:23) fitted (151:4) fitzpatrick (77:18) five (17:24) (21:13) (53:16) (89:18) (90:4) (112:14) (124:12) (124:19) (126:10) (143:10) (144:10) (145:3) (156:2) (178:17) (178:23) flexibly (138:4) flurry (151:13) focus (141:6) (141:7) (141:8) focused (141:5) folks (42:4) (167:5) (167:8) follow (36:5) (37:19) (38:18) (38:24) (39:18) (40:11) (40:17) (41:2) (45:1) (45:2) (45:16) (45:23) (46:4) (46:10) (46:17) (47:18) (47:22) (48:6) (62:14) (63:18) (148:18) ' followed (43:17) (73:2) (80:18) (85:9) (97:11) following (38:7) (38:10) (42:16) (42:20) (42:24) (43:4) (43:21) (45:4) (45:8) (79:7) (122:10) (136:16) (138:10) (161:11) follows (3:8) foot (17:25) (63:21) (112:14) (124:4) (124:19) (124:20) (125:20) (142:21) (144:10) (145:4) (145:11) force (19:4) (112:18) foregoing (136:15) (194:10) foreign (76:1) (76:4) forem an (152:25) (181:3) forgot (173:16) form (20:16) (47:8) (51:15) (56:22) (108:20) (128:24) (189:6) form ulation (71:15) forte (46:13) forth (1:19) (36:5) (43:21) (194:7) forward (24:13) (93:11) found (42:2) (81:9) (126:9) (155:17) foundation (87:2) (87:8) (87:11) (98:7) four (53:16) (165:4) fram e (14:11) (15:19) (16:8) (21:14) (22:12) (22:25) (25:7) .(26:16) (26:21) (29:5) (30:20) (30:25) (31:20) (31:21) (32:2) (32:7) (41:14) (51:15) (60:15) (60:15) (63:3) (79:17) (81:2) (97:8) (106:8) (123:2) (133:21) (150:6) (154:12) (164:13) (186:18) (192:3) fram es (4:4) fran k (52:1) frankenstein (157:11) (157:18) (158:3) (159:2) (159:9) frederick (69:19) free (9:5) (83:12) (89:7) (113:17) (173:22) freely (53:21) fresh (121:16) friable (78:23) friday (91:16) front (154:8) full (3:11) (3:18) (21:24) (28:10) (102:1) (137:17) (164:21) fully (18:22) (44:19) (168:4) (168:5) fumes (18:7) (112:11) furnace (180:23) fu rth er (61:18) (92:5) (102:6) (106:14) (113:23) (143:25) (176:18) (181:21) (194:9) (194:11) furthering (75:3) future (127:11) (130:16) gain (139:2) (140:8) gases (18:7) gastrointestinal (33:7) (66:23) gave (59:7) (99:9) general (7:12) (7:13) (27:3) (36:13) (41:24) (42:8) (96:19) (107:21) (108:7) (108:24) (109:1) (149:21) (156:18) generally (4:16) (13:17) (15:14) (19:19) (23:24) (28:4) (36:12) (37:14) (40:17) (74:6) (102:6) (118:17) (131:17) (150:24) (173:20) (181:22) generated (119:2) gen erates (131:6) generating (178:15) gentlem an (178:19) (183:14) (187:7) gentlem en (40:9) (53:4) george (59:4) (99:8) gets (192:25) girl (191:8) given (4:13) (5:1) (53:21) (100:25) (120:1) (131:10) (192:22) (194:7) gives (180:7) giving (117:5) (117:24) glance (9:17) glenn (1:5) (7:21) (47:23) goals (71:16) gobbledy (105:22) gollatz (2:11) gone (29:5) good (21:18) (24:15) (56:1) (75:7) (115:8) (122:20) (129:23) (135:5) (141:20) (147:17) (147:17) (175:18) (175:18) (192:14) FIBER - GOOD WORD INDEX (C) StfinnvptinriK. Tnr 1937 W hatley vs. Alcoa gooked (105:22) governm ent (72:12) governm ental (15:4) gradual (21:12) g rad u ate (12:11) (12:13) g rad u ated (12:21) g ra n t (1:18) (2:15) g re a t (105:5) (136:5) (139:12) (139:17) (140:9) (140:22) g re a te r (68:13) (126:11) (126:23) g reatly (180:24) greene (1:18) (2:14) griffen (2:11) groin (85:10) ground (120:14) group (22:1) (62:3) (89:1) (89:5) (157:2) groups (66:6) guess (8:11) (20:18) (36:1) (74:16) (83:9) (92:2) (96:13) (107:18) (120:11) (192:22) guessing (54:20) guideline (38:11) guidelines (43:17) guides (55:5) gun (170:17) ============== H ============== h a b it (24:9) h ad n 't (51:8) (121:11) h aley (2:7) halfw ay (88:21) h a lt (80:24) h an d (88:15) (175:20) (194:13) handbook (77:14) (78:3) (78:6) handful (55:7) h an d led (188:3) (189:1) (189:5) h andling (97:3) (177:19) (195:14) hands-on (190:22) h andw riting (73:12) (73:13) h an d w ritten (117:1) (195:6) happen (56:12) happened (15:16) (65:10) (184:16) happy (105:20) (105:24) (141:21) (185:4) h a rd (21:11) (44:3) (95:20) (139:5) hard ly (48:10) harm (80:4) (81:15) (141:16) harm ful (23:15) h asn 't (52:7) (92:14) (109:17) (119:13) (119:19) (120:4) (125:8) (128:25) (129:6) (131:15) (159:5) (178:24) h a t (45:15) h atch (55:13) (55:18) (56:7) (56:9) (56:16) (96:15) h azard (15:21) (18:12) (28:8) (68:13) (74:23) (79:16) (82:3) (82:3) (82:6) (92:7) (92:22) (133:12) (135:8) (135:13) (136:4) (136:5) (156:9) (158:14) (160:13) (161:15) (161:21) (162:5) (175:5) (177:5) (178:24) (179:1) (179:7) (179:9) (179:11) (179:11) (180:24) (181:4) hazardous (18:10) (24:25) (25:9) (28:6) (30:18) (30:22) (75:14) (97:9) (97:16) (97:24) (185:21) (186:6) Thom as B. Bonney; F ebruary 25,1998 hazards (23:20) (24:1) (26:1) (26:2) (26:17) (35:3) (36:22) (37:12) (38:2) (41:22) (42:17) (57:18) (73:24) (87:17) (97:2) (99:2) (111:9) (117:17) (135:17) (156:21) (159:3) (164:3) (169:23) (174:9) (174:1) (174:17) (174:24) haze (89:21) h e's (109:6) h ead (179:3) h ead q u arters (22:2) (38:6) (127:20) (181:16) h e alth (15:20) (17:16) (18:10) (18:12) (24:25) (25:24) (37:20) (38:25) (39:7) (40:12) (41:5) (43:1) (48:1) (49:16) (50:19) (58:14) (59:4) (59:8) (61:18) (61:22) (63:7) (67:7) (67:9) (72:11) (72:18) (73:24) (75:17) (75:19) (75:20) (76:15) (79:16) (82:3) (82:5) (97:2) (97:10) (111:1) (111:9) (111:14) (111:15) (118:17) (119:9) (119:25) (120:19) (122:7) (122:8) (123:20) (127:9) (127:15) (128:7) (130:14) (131:19) (132:1) (132:25) (135:8) (135:13) (142:11) (142:13) (143:23) (147:14) (154:13) (155:10) (159:3) (160:8) (169:18) (169:22) (174:24) (179:7) (179:9) (179:10) (179:11) (180:25) (189:18) (195:7) (195:7) h e a r (31:25) (119:16) h eard (31:15) (48:25) (150:3) h earin g (31:23) h e a rt (66:13) (66:25) (67:19) (68:8) heavy (8:13) h eirs (1:5) held (170:1) help (5:18) (16:20) (91:19) (137:3) (153:14) (157:13) (158:9) (159:8) helpful (81:3) (84:8) (137:21) (143:5) (154:4) (171:2) helping (53:23) (54:1) h e r (31:16) (134:23) h e re 's (105:16) (116:15) (154:14) (180:12) hereby (194:4) h e re in a fte r (3:7) hereu n to (194:13) hesitancy (12:5) h e sita te (159:11) hey (138:10) hiding (108:24) high (2:12) (12:11) (12:13) (25:5) (63:21) (63:25) (64:5) (83:4) (127:22) (130:10) (156:3) (156:16) (162:9) (165:6) higher (66:6) (90:8) (125:22) highlights (59:2) (61:8) highly (110:9) (110:10) (188:9) (188:9) (188:11) hilton (122:7) (122:19) (127:8) hindsight (34:7) h ired (147:1) (187:4) hole (117:3) hom e (8:19) (9:25) (10:7) (35:14) (54:25) (55:5) (56:21) (58:8) (60:25) hood (128:16) hope (159:7) h o rrible (58:23) hospitals (190:1) (190:2) T hom as B. Bonney; F ebruary 25,1998 W hatley vs. Alcoa hougen (122:8) hour (54:3) (121:6) (129:2) (129:5) (139:8) (143:9) (144:9) (145:6) (155:22) hours (54:5) (54:15) (54:18) (54:19) (144:17) (145:12) house (188:5) household (8:17) (181:12) (188:22) (191:5) housew ives (35:12) housing (128:15) how ever (20:19) (82:2) (86:5) (108:15) (157:10) (159:10) hum an (58:14) (85:3) hum ans (18:11) hundred (11:7) (141:11) (191:23) husband's (35:14) (181:18) hygiene (8:16) (13:15) (17:13) (20:17) (20:22) (21:5) (22:20) (23:11) (23:18) (33:12) (42:10) (44:14) (48:18) (55:9) (55:13) (55:21) (56:21) (59:2) (61:7) (63:8) (71:17) (72:7) (73:19) (75:22) (76:6) (76:7) (87:1) (87:7) (87:11) (96:6) (96:8) (97:1) (98:7) (98:18) (101:14) (103:8) (104:4) (106:5) (116:8) (132:7) (132:10) (146:20) (146:24) (147:2) (147:3) (152:13) (154:15) (157:3) (163:16) (166:13) (166:22) (177:18) (179:18) (182:9) (195:5) (195:5) hygienist (16:12) (16:13) (16:16) (17:15) (19:24) (19:25) (20:8) (22:24) (26:25) (27:6) (50:14) (50:24) (51:11) (79:12) (96:3) (125:5) (136:21) (146:6) (146:8) (147:24) (169:7) hygienists (15:5) (16:25) (39:22) (39:25) (40:3) (50:17) (97:14) hypothesis (102:8) idea (6:10) (69:5) idenfication (95:14) id en tical (107:3) identification (71:3) (73:9) (76:19) (91:14) (105:20) (117:13) (122:5) (123:15) (128:3) (132:19) (133:5) (142:7) (143:18) (144:6) (152:5) (157:7) (158:22) (160:5) (161:6) (176:9) (177:23) (178:23) (180:18) (182:23) (187:2) identified (63:14) identify (95:17) (105:17) (105:21) (115:6) (115:9) (115:9) (116:22) (166:6) (168:24) ignorance (48:25) (49:7) ignored (41:7) ih f (87:5) (93:12) (98:23) (134:10) ill (36:22) illness (116:14) im agination (89:24) im agined (8:21) im m ediately (78:25) im petus (62:1) im pinger (14:20) (27:18) (100:13) (100:16) (101:4) (101:8) (101:11) im pingers (100:21) (100:24) im plem ent (37:25) im plication (51:16) im plied (126:3) im ply (74:17) im portant (22:23) (41:11) (135:16) (135:19) (173:21) im pression (148:22) (148:25) (149:4) (191:15) im proper (108:16) (108:19) (109:15) (109:21) (109:22) (110:2) (110:4) (110:5) im proved (178:5) (178:14) inc (1:8) incapable (110:11) incidence (162:13) (163:5) (163:13) (165:6) incident (151:20) (151:20) incidentally (155:13) incidents (133:23) include (5:8) (5:22) (13:23) (13:25) (33:11) (107:23) (119:8) (121:7) (131:12) (188:2) included (17:20) (29:24) (111:21) (149:13) including (22:16) (28:16) (87:10) (143:7) (152:12) incom petent (58:24) inconclusive (34:16) incorrect (109:15) (185:14) increase (62:3) (63:11) (64:10) (122:12) increased (61:17) (64:7) (162:13) (163:5) (163:13) (165:22) (166:2) increasingly (165:21) independent (10:14) (120:22) (170:6) (176:21) independently (24:4) indiana (176:14) (176:15) indicate (54:15) (124:1) (156:13) (188:8) indicated (32:3) (56:19) (60:22) (96:23) (129:4) (129:16) (136:15) (145:22) (148:3) indicates (82:14) (85:2) (88:25) (106:10) (106:20) (164:6) (180:14) (187:6) (189:13) indicating (145:9) indication (85:3) individual (47:23) (48:5) (80:1) (86:12) (115:22) (135:21) (144:18) (162:12) individual's (136:23) individually (1:4) (28:5) individuals (25:1) (35:22) (40:9) (81:15) (133:20) (164:19) (180:21) induction (103:15) industrial (8:16) (13:15) (15:4) (16:9) (16:12) (16:12) (16:16) (16:25) (17:15) (19:24) (19:25) (20:8) (20:17) (20:22) (21:5) (22:20) (22:24) (23:11) (23:17) (26:25) (27:6) (32:19) (33:12) (39:24) (40:3) (41:5) (42:10) (44:14) (48:18) (50:13) (50:24) (51:10) (55:9) (55:12) (55:21) (56:20) (59:2) (59:21) (60:1) (60:18) (61:7) (62:23) (63:8) (71:16) (72:7) (73:19) (75:22) (76:6) (76:7) (79:12) (87:1) (87:7) (87:11) (96:3) (96:5) (96:8) (96:15) (97:1) (97:13) (98:7) (98:18) (101:14) (101:22) (103:8) (104:4) (106:1) (106:5) (111:10) (116:8) (125:5) (132:7) (132:10) (136:21) (146:6) (146:8) (146:20) (146:23) (147:2) (147:3) (147:14) (147:24) (152:12) (154:15) (157:3) (161:15) (161:21) (162:5) (163:16) (166:13) (166:22) (169:7) (173:21) (174:9) (174:16) (177:18) (179:18) (182:9) (195:5) (195:5) industries (68:16) (162:2) (174:19) (174:22) industry (68:16) (69:7) (169:18) (174:21) (176:6) HOUGEN INDUSTRY WORD INDEX (C) S ten o v a tio n s, Inc 1997 W hatley vs. Alcoa inexplicable (4:25) inform al (77:10) info rm atio n (6:6) (13:2) (56:15) (56:16) (61:12) (84:8) (96:20) (101:25) (103:19) (103:20) (104:10) (105:12) (108:25) (112:21) (132:15) (153:13) (159:8) (159:14) (159:17) (161:12) (172:16) (175:19) (176:16) (177:3) (181:17) (185:15) (185:20) in h a la tio n (64:9) (94:19) (95:5) in itia l (154:21) (178:17) in itia ls (123:16) in ju ries (22:25) (23:3) (111:10) (139:6) (139:16) (140:8) (140:13) (140:14) (141:12) in ju rin g (141:2) (141:7) injury (18:16) (46:5) (136:18) (136:23) (137:13) (138:7) (138:12) (139:1) (140:25) (141:4) (141:9) inside (31:3) (132:4) in sp ect (122:9) insp ectio n (148:14) (148:16) inspections (148:7) in sp ecto r (85:14) in sta ll (149:17) in sta lled (122:17) (135:20) (136:2) (164:23) in stan ce (6:23) (26:19) (28:1) (29:23) (30:23) (83:1) (99:17) in stan ces (95:6) (95:7) (95:7) (135:19) (187:20) in sta n tly (65:11) in stitu te (61:5) in stru c te d (118:3) in su lated (148:11) (149:3) (150:20) (188:4) in su latin g (80:19) in su latio n (80:22) (149:18) (150:6) (151:1) (164:7) (164:20) (164:22) (164:23) (164:25) (165:16) (165:25) in su lato rs (169:23) (170:8) (191:11) insurance (5:5) (5:17) (6:11) (6:16) (90:3) insu re (38:7) in tak es (131:23) in ten d ed (171:17) (171:18) in ten d s (171:11) in te n tio n (69:2) in te re st (53:10) (62:2) (105:6) (157:2) (157:9) in te re sted (21:23) (26:9) (152:8) (194:12) in te re stin g (58:3) (58:3) (154:23) in te re sts (53:5) in te rm itte n t (162:9) (164:8) (164:14) (164:16) (166:1) (181:6) in te rn a l (195:8) (195:10) in te rn a tio n a l (61:4) in te rp re t (109:3) (109:4) (109:5) (117:22) (118:21) (187:22) in te rp re ta tio n (136:13) (144:18) in terro g ato ries (88:11) in te rru p ted (168:19) in te rru p tin g (81:19) (121:12) (184:7) investig atio n (63:10) in v estig ato r (166:5) invisible (89:20) involve (5:4) Thom as B. Bonney; F eb ru ary 25,1998 involved (5:5) (5:25) (14:2) (59:9) (61:1) (64:8) (71:14) (71:18) (72:3) (79:13) (110:6) (121:8) (133:7) (154:19) (156:21) (164:24) involvem ent (6:19) (11:11) (25:24) (57:18) involving (119:9) (155:10) iola's (77:23) ironically (188:1) irrita te d (154:9) irrita tio n (158:4) irv in (22:8) irw in (22:8) (22:11) (22:15) (23:7) (24:11) (24:16) island (12:10) (176:13) iso lated (34:18) (35:1) (95:7) issue (51:24) (88:21) (104:17) (109:16) (119:3) (155:10) (159:21) (160:20) (175:1) (192:11) issued (109:9) (111:14) item (25:5) (26:13) (26:22) item s (18:10) (18:24) its (5:17) (6:17) (36:21) (37:13) (38:25) (39:4) (39:17) (40:19) (40:22) (44:20) (47:6) (49:16) (58:19) (73:1) (73:6) (80:20) (120:20) (135:7) (177:20) (191:25) itse lf (90:12) (108:12) (179:6) (187:9) ja cin to (47:24) ja n u ary (4:12) (94:6) (96:24) (122:6) (122:7) (133:2) (166:21) (168:25) (180:14) (181:15) (183:1) (186:12) (186:18) (186:20) (187:10) (187:17) (188:21) (189:4) jave (162:17) je rk e d (184:14) job (20:7) (24:3) (27:16) (136:24) (136:25) (147:6) (147:8) (173:9) (173:10) (178:6) (178:19) (178:24) (179:6) jog (189:3) (189:9) jogs (188:24) jo h n s (155:9) (158:24) johns-m ansville (123:5) johns-m anville (158:11) (183:3) johnson (90:2) jo u rn al (24:12) (62:23) (86:21) (88:18) (88:18) (89:12) (89:15) (94:3) (101:22) (103:13) (188:12) jo u rn als (24:6) (33:12) (33:13) (62:24) (68:24) (95:3) judge (75:21) (91:15) (113:18) judgm ent (167:18) judicial (1:2) judicious (135:18) ju ly (107:5) (111:6) (112:19) (113:1) ju n e (94:13) (99:7) (107:12) ju ry (3:12) (34:4) (35:11) (36:10) (40:9) (43:19) (46:18) (47:2) (47:4) (49:9) (49:14) (58:16) (66:8) (105:22) (110:5) (120:18) (125:6) (140:17) j=us=t=ify==(4=2:=24=) ======K=============== keeling (2:18) keep (23:18) (23:24) (24:7) (87:16) (155:25) (192:16) keeping (18:16) (102:24) kensington (13:10) (16:15) (100:22) (152:13) (152:21) k ep t (169:8) Thomas B. Bonney; February 25,1998 W hatley vs. Alcoa kingsley (2:15) (91:22) (93:3) (93:7) (95:12) (95:17) (95:21) (102:21) (103:6) (104:2) (106:16) (115:6) (115:13) (116:22) (126:16) (166:6) (166:9) (166:18) (168:24) (173:11) (173:14) (173:17) (174:4) (182:13) (192:21) (193:1) knew (24:22) (26:11) (26:13) (30:11) (31:5) (107:21) (109:11) (112:24) (134:1) (134:5) (134:6) (134:7) (134:13) (134:16) (145:22) know ing (10:25) (26:13) (170:10) know ledge (6:15) (6:18) (10:22) (11:8) (29:4) (52:10) (53:2) (55:21) (93:18) (111:20) (147:23) (149:19) (149:21) (150:8) (150:11) (165:22) (174:1) know n (26:10) (35:13) (40:10) (66:1) (68:5) (109:8) (113:9) (138:17) (164:5) (186:9) k=u=e=ra=e=r (=99=:8=)=(1=00=:1=5=) =L ============= lab (13:13) (17:7) (20:11) lab o rato ries (99:13) lab o rato ry (12:17) (13:12) (16:3) (16:15) (16:20) (99:17) (100:11) (152:13) (153:21) (153:22) lack (117:5) (117:25) ladies (40:8) laid (51:8) (52:7) (92:14) (114:5) (114:8) (114:15) (119:13) (119:20) (125:8) (128:25) (129:6) (131:15) lam b (1:18) (2:14) landsburger (113:19) language (61:16) (159:5) large (9:23) (47:20) (99:3) (122:21) (130:20) (165:10) la rry (1:4) la st (3:18) (31:15) (51:9) (53:18) (119:6) (124:24) (148:14) (151:24) (168:12) (184:13) (185:9) la te (14:8) (15:12) (16:5) (16:7) (21:25) (22:1) (24:18) (26:17) (27:1) (27:7) (27:10) (27:22) (29:12) (29:21) (30:6) (30:21) (31:1) (31:19) (32:2) (33:13) (34:12) (41:14) (63:25) (65:5) (99:15) (100:2) (100:3) (102:7) (104:22) (105:14) (117:14) (120:18) (134:1) (134:21) (146:5) (146:7) (165:18) (175:12) (192:1) laten cy (65:2) (65:14) la te n t (65:3) la te r (74:13) (102:11) (115:15) (143:20) (158:24) la te st (176:16) la th e (153:11) (153:20) (153:20) la tte r (32:24) (81:5) (138:25) (139:1) (140:7) law (2:3) (19:4) (19:9) (37:19) (38:8) (43:4) (45:1) (45:2) (45:5) (45:8) (45:16) (45:23) (46:8) (46:8) (46:10) (46:17) (46:23) (47:22) (48:6) (49:1) (49:7) (110:22) (112:18) (114:5) (114:11) law s (37:11) (38:24) (39:6) (39:23) (40:11) (40:18) (42:2) (42:25) (44:1) (44:7) (44:12) (44:19) (47:6) (48:21) (48:24) (49:5) law yers (118:13) (119:1) (121:5) (121:14) lay (159:9) lead (32:15) learn (13:1) (13:5) (15:7) (15:8) (26:6) (26:8) (58:4) (65:7) (65:24) learn ed (15:9) (25:25) (58:19) (62:22) (65:6) (84:25) le a rn e r (147:18) learning (175:9) (175:11) (190:12) least (10:20) (21:15) (24:23) (54:22) (56:16) (61:21) (72:10) (72:17) (78:10) (81:7) (81:24) (121:10) (124:14) (133:11) (134:8) (134:13) (137:2) (154:6) (159:15) (171:3) (188:21) leave (115:14) (170:17) leboeuf (1:18) (2:14) led (64:6) left (69:2) (74:23) legal (36:8) (36:25) (37:1) (38:1) (38:18) (38:20) (40:23) (43:7) (43:11) (44:21) (45:12) (45:14) (46:6) (46:11) (46:13) (46:21) (47:14) (48:19) (137:7) (137:9) legally (36:4) (44:18) less (191:24) lessened (89:2) (160:1) lesser (90:16) le ster (17:11) (59:3) (59:11) (59:13) (107:7) (107:10) (109:23) (110:14) (110:18) (146:10) (185:25) le tte r (98:6) (98:11) (106:18) (107:8) (108:22) (109:25) (110:15) (117:2) (117:7) (117:8) (117:19) (118:21) (128:5) (129:11) (132:24) (137:22) (142:10) (143:6) (143:11) (143:19) (143:21) (143:22) (144:1) (151:24) (154:4) (157:8) (157:19) (158:5) (161:23) (177:7) (180:4) (183:1) (183:17) (185:1) (186:20) (195:8) (195:9) (195:12) (195:12) letterh ead (128:6) letters (121:10) level (18:10) (21:21) (29:10) (29:14) (29:17) (38:16) (38:17) (40:10) (41:20) (42:4) (114:7) (125:24) levels (14:13) (18:16) (114:11) (118:19) (130:9) (144:15) (144:19) (151:9) liberty (90:3) library (56:22) (84:1) (96:9) life (8:7) (45:17) light (164:8) (164:14) (164:16) (166:1) likely (8:9) (121:18) (139:12) (139:16) (140:9) (140:21) (141:15) (155:24) (156:1) lim it (15:2) (17:20) (17:23) (18:6) (18:14) (18:23) (19:9) (24:21) (25:17) (36:5) (37:2) (45:24) (45:24) (46:4) (59:22) (110:22) (111:21) (112:6) (115:19) (118:4) (124:9) (126:25) (133:18) (135:18) (138:11) (138:20) (142:20) (143:10) (144:8) (144:14) (144:16) (144:18) (156:3) (192:4) lim itation (26:12) lim ited (69:7) (149:2) lim its (18:20) (19:2) (19:4) (113:2)-(118:20) (125:13) (126:2) (126:2) lin ear (78:23) (79:4) (79:14) lin er (180:24) (186:22) lines (81:23) link (34:14) (35:23) linking (34:2) list (24:21) (24:22) (26:12) (29:24) (36:16) (97:16) (102:25) listed (98:18) listing (17:20) (112:10) lists (87:11) (96:14) KINGSLEY-LISTS WORDINDEX (C) S ten o v atio n s, Inc 1997 W hatley vs. Alcoa lite ra lly (148:10) (148:17) lite ra tu re (8:16) (8:16) (8:24) (23:19) (23:25) (24:7) (31:12) (34:14) (35:1) (84:22) (87:13) (105:4) (134:15) (156:5) (156:8) (163:8) (167:7) (167:10) (169:22) (175:17) litig a tio n (5:16) little (16:19) (31:23) (36:19) (52:2) (56:25) (69:4) (95:20) (111:17) (133:23) (137:9) (170:15) (170:17) (171:6) (180:11) live (12:1) liv ed (64:17) (190:10) lives (190:11) liv in g (12:8) (90:17) (90:19) (190:13) lo cal (22:17) (37:15) (38:16) (39:4) (39:17) (39:18) (39:23) (40:10) (41:2) (41:20) (41:22) (42:4) (42:16) (42:20) (42:24) (43:20) (47:18) (50:2) (50:3) (50:8) (112:22) (128:14) (129:12) (130:7) localized (128:21) locally (39:3) (42:5) lo cated (7:18) (13:11) (189:19) lo catio n (101:1) logo (94:15) long (10:6) (12:1) (12:10) (27:5) (45:6) (82:13) (89:3) (95:21) (129:9) (139:23) (145:11) (162:10) long-term (160:16) lo n g er (127:9) (141:19) lo o k (9:18) (9:22) (49:5) (50:18) (61:16) (65:16) (72:6) (79:6) (84:11) (93:22) (97:14) (101:13) (102:4) (115:4) (116:8) (116:25) (119:24) (125:19) (133:21) (145:5) (149:5) (155:16) (157:25) (158:1) (166:13) (166:21) (171:5) (176:11) (180:4) (183:21) (184:3) (184:16) (184:20) (185:5) (185:8) looked (84:3) (97:18) (104:5) (119:5) (133:8) (143:24) looks (72:3) (95:19) (123:16) (128:4) (144:2) (161:2) lopes (103:14) louis (59:3) (59:13) low (26:21) (28:2) (29:7) (29:8) (89:7) (105:13) low er (89:4) (115:7) (125:17) (128:15) (155:24) (156:14) low ered (156:16) lu m n ite (181:25) lu ncheon (70:8) lu n g (33:4) (34:2) (34:15) (56:11) (62:3) (62:14) (63:5) (64:10) (64:16) (66:20) (85:16) (85:21) (86:23) (89:2) (94:10) (94:18) (95:4) (95:5) (101:21) (102:3) (102:18) (103:10) (103:15) (103:21) (104:6) (104:11) (115:20) (116:10) (116:19) (162:13) (163:5) (163:13) (169:23) (170:7) (170:19) (172:3) (172:20) (175:14) lungs (31:3) (31:13) (32:8) (32:14) (64:5) (65:7) (67:2) (166:15) (173:22) lynch (85:11) m achine (117:4) m achinery (178:16) m achining (152:25) (153:11) (153:20) m acrae (1:18) m agnitude (82:9) Thom as B. Bonney; F ebruary 25,1998 m ain (50:18) m ainly (43:16) m a in ta in (54:25) (55:4) (56:21) (57:6) m ain tain ed (56:24) (60:25) m ain ten an ce (79:13) (149:16) m ajor (62:1) (78:21) (78:21) (79:5) m ake (12:7) (15:25) (23:18) (24:13) (36:18) (41:19) (46:9) (57:14) (60:2) (62:9) (77:22) (91:22) (91:24) (93:7) (95:12) (113:18) (153:9) (172:12) (173:11) (191:14) m akes (130:15) m alignancies (33:3) m an (3:14) (81:22) (82:12) (173:10) (181:24) (182:2) (188:3) (189:5) m anagem ent (76:21) (77:1) (77:2) (77:7) (96:23) (195:6) m anager (67:7) (67:9) (96:5) (107:6) (146:18) (146:19) (146:23) (147:2) (147:17) (182:8) m anagers (39:5) m an d ated (72:11) m an n er (29:8) (29:25) (97:18) (189:1) m ansville (156:15) m anual (77:2) m anuals (55:1) (78:12) m anufacturing (68:17) m anville (155:9) (158:24) m a ra n ite (122:25) (127:21) m a ra n ite ' (127:10) m arch (116:9) (152:2) (152:20) (153:6) m a rin ite (117:3) (117:17) (118:18) (122:10) (122:17) (122:22) (123:23) (124:6) (128:18) (130:9) (130:16) (131:3) (131:16) (131:20) (133:12) (142:14) (151:14) (152:6) (152:22) (153:1) (153:11) (153:20) (154:1) (154:16) (155:6) (155:11) (155:14) (155:21) (156:22) (157:4) (159:4) (159:15) (159:23) (160:19) (176:17) (176:24) (177:1) (177:19) (178:18) (179:23) (195:14) m a rin ite ' (128:10) (128:13) (130:21) m ark (103:3) (106:17) (160:24) m arked (71:3) (71:21) (73:9) (73:10) (76:19) (76:20) (93:8) (95:14) (95:24) (96:22) (98:5) (117:13) (122:5) (123:15) (128:3) (132:19) (133:5) (142:7) (142:10) (143:18) (144:6) (152:5) (157:7) (158:22) (160:5) (161:6) (176:9) (177:23) (180:17) (180:20) (182:23) (187:2) m ark et (57:4) m ark etin g (1:8) m artin d ale (183:11) m assina (117:3) m a te ria l (28:24) (68:15) (74:21) (74:25) (80:11) (80:14) (80:19) (80:22) (82:22) (83:4) (83:4) (95:2) (97:19) (100:20) (102:19) (107:22) (109:11) (109:18) (117:17) (118:18) (132:3) (133:13) (133:24) (142:23) (148:11) (151:14) (152:22) (154:20) (155:10) (155:14) (156:6) (160:7) (160:21) (169:12) (169:13) (172:18) (177:5) (178:2) (178:12) (183:3) (188:9) m aterials (5:10) (10:18) (15:2) (28:25) (56:3) (56:20) (57:7) (57:8) (57:15) (57:17) (60:13) (60:24) (78:12) Thom as B. Bonney; F eb ru ary 25,1998 W hatley vs. Alcoa (78:24) (82:15) (87:16) (89:22) (93:25) (97:3) (97:9) (97:15) (97:16) (115:25) (121:4) (121:14) (132:12) (134:10) (167:4) (169:7) m a tte r (19:1) (41:18) (45:7) (53:1) (53:6) (53:11) (127:8) (145:2) (145:7) (154:11) m atters (185:25) m axim um (111:1) (124:21) m cclintock (152:2) m ccorm ick (176:3) md's (21:9) m ean (6:11) (23:12) (31:2) (48:10) (101:5) (113:25) (114:17) (125:9) (140:16) (140:18) (159:23) m eaning (144:13) (171:4) m eaningfully (114:8) m eans (31:25) (66:8) (85:5) (98:2) (101:19) (108:10) (108:13) (115:10) (159:24) (170:22) (194:8) m eant (89:18) (192:15) m easured (97:25) m easurem ent (98:2) m easurem ents (97:22) m easures (50:15) (88:22) (160:1) m easuring (14:18) (14:19) (14:23) m edical (17:12) (21:1) (21:2) (21:4) (21:6) (21:10) (21:23) (22:4) (22:11) (22:16) (22:19) (23:19) (24:5) (24:6) (33:12) (62:25) (86:18) (86:22) (87:13) m edicine (62:24) (101:23) m eet (72:10) (72:17) (72:21) m eetings (74:13) (88:6) (88:7) (177:20) m em ber (86:11) (87:1) (87:4) (87:24) (88:1) (88:11) (98:9) (116:6) m em bers (76:12) (86:13) (86:18) (88:19) (191:3) (191:4) memo (99:7) (123:11) (127:7) (127:25) (132:22) (151:25) (153:7) (154:14) (159:19) (176:11) (179:16) (180:12) (180:15) (195:9) (195:10) (195:11) (195:13) (195:13) (195:14) (195:15) (195:15) m em oranda (161:19) m em orandum (95:25) (96:7) (135:4) (152:1) (180:19) m em ory (9:1) (11:18) (188:24) (189:4) (189:9) m en (152:24) (154:9) (165:10) (170:16) (178:12) (179:21) (180:6) m entioned (30:25) (60:14) m erely (8:18) (159:24) (190:12) m erriw eather (85:14) m esotheliom a (7:22) (7:25) (8:8) (8:14) (33:4) (35:12) (63:14) (86:2) (86:6) (165:4) (165:15) (166:3) (166:23) (167:2) (181:7) (186:10) (188:23) (189:23) m esotheliom as (63:11) (165:3) (165:5) (190:3) m ess (69:25) m et (53:14) m ethod (14:17) (122:21) (131:16) m ethods (97:13) m eyers (86:3) m icrophone (58:23) m id (16:7) (20:12) (20:13) (27:1) (27:7) (27:10) (27:12) (27:22) (27:23) (39:14) (40:6) (41:15) (54:22) (63:4) (63:24) (99:15) (100:2) (165:20) m iddle (26:17) (54:10) (54:12) (54:13) (105:2) (177:9) m idget (14:20) (27:17) (101:4) (101:8) m idst (175:17) m ight (7:4) (8:3) (8:4) (8:13) (9:14) (18:12) (18:12) (20:20) (27:8) (40:18) (42:7) (43:14) (48:14) (50:15) " (55:7) (57:4) (58:7) (75:14) (79:7) (80:5) (81:17) (82:9) (85:3) (97:9) (98:1) (107:13) (107:20) (108:18) (108:25) (109:7) (126:4) (126:5) (127:10) (129:4) (132:4) (132:11) (133:13) (133:14) (133:20) (137:4) (137:5) (137:17) (154:19) (155:24) (156:14) (157:25) (159:25) (163:10) (171:5) (185:1) (189:24) m ilam (1:1) (7:18) m iles (148:10) (148:17) m ilitary (12:19) m illing (32:22) (68:16) (105:8) m illion (17:24) (63:20) (82:16) (82:16) (89:19) (90:4) (112:14) (124:4) (124:19) (124:20) (125:20) (126:10) (142:21) (144:10) (145:3) (145:10) (156:2) m im icked (153:23) m ind (18:15) (26:5) (50:25) (51:18) (91:19) (121:17) (137:15) m ineral (89:7) (174:18) (174:18) m ines (183:9) m iniature (153:22) m inim al (72:11) (72:18) (101:5) m inim ize (81:24) (116:5) m inim um (40:22) (72:21) (101:5) m ining (32:22) (63:13) (68:17) (105:8) m inuses (176:4) m inute (124:13) m isfortune (190:13) m isinform ation (155:6) (176:19) (185:24) (186:5) m isin terp retatio n (144:13) m ists (112:11) m isunderstand (49:14) m isunderstood (60:11) (60:21) mmpc (155:23) m olten (159:4) m om ent (21:20) (89:18) m oney (5:6) (82:17) (135:11) m onies (6:17) m onitoring (151:7) m onster (157:12) (157:13) (157:18) (158:3) (158:9) (159:3) (159:10) m onth (10:8) (54:11) (188:4) (189:6) m onths (7:8) (9:8) (17:9) (53:18) m oral (36:20) (46:22) (72:8) m orally (36:4) (36:15) (44:19) m orbidity (116:9) (116:13) m ore (8:9) (11:17) (26:9) (30:3) (34:24) (35:1) (43:11) (66:8) (72:4) (75:9) (75:11) (78:16) (78:22) (84:21) (89:4) (89:4) (95:18) (99:1) (104:23) (108:25) (115:5) (133:23) (154:22) (180:9) (180:11) (185:6) (188:4) (189:6) (189:24) (191:4) m orning (45:21) m ortality (62:14) (66:6) (66:11) (66:16) (67:17) (101:19) (102:17) MATERIALS - MORTALITY WORD INDEX (C) S ten o v atio n s, Inc 1997 W hatley vs. Alcoa m ost (45:18) (147:25) (153:12) (173:21) (174:9) (176:16) (186:8) (190:11) m ostly (105:8) m ove (12:4) (93:11) m oved (12:5) (16:11) (20:10) m oving (60:5) m utual (90:3) m yself (17:9) (30:4) (59:12) (68:25) (69:12) (79:9) n ak ed (89:20) nam e (3:11) (17:10) (22:5) (152:15) (153:17) (161:3) nam ed (107:9) nam es (69:18) n a tio n 's (187:14) n atio n a l (38:16) (87:21) (88:6) (88:11) (88:16) (88:19) (92:9) (92:19) (169:3) (169:6) (169:11) (169:17) (173:19) n a tu re (8:24) (18:8) (23:2) (24:14) (33:23) (35:22) (57:8) (64:7) (69:5) (121:3) (136:10) (148:7) (175:5) n e a r (64:17) (190:10) n ecessarily (80:9) (110:1) (126:1) (132:2) (159:23) n ecessary (5:6) (47:5) (149:15) (150:4) (151:2) (177:4) (186:23) (190:17) need (46:18) (47:11) (52:12) (71:11) (78:16) (81:17) (89:17) (104:19) (113:18) (114:19) (136:3) (159:15) (159:24) (160:10) (171:14) (172:9) (173:4) (173:5) (173:6) (180:3) (180:4) (184:12) needed (153:13) needs (29:17) (74:18) (167:16) negative (139:20) neoplasia (163:19) n ev er (50:25) (150:22) new (11:25) (12:2) (12:10) (13:10) (16:15) (58:4) (78:10) (87:12) (87:17) (100:22) (106:10) (106:11) (152:13) (152:21) (187:10) new s (88:17) n ew sletter (176:25) (177:6) (177:10) (177:12) new spaper (186:19) (188:11) (188:16) new spapers (186:9) next (77:20) (89:16) (123:11) (125:19) (128:4)'(132:20) (155:7) (170:14) nioish (83:23) niosh (58:21) (68:24) (83:24) nobody (141:11) noise (64:22) non-existant (160:14) non-responsive (15:22) (28:11) (29:9) (29:19) (30:2) (30:13) (32:24) (50:1) (50:21) (55:23) (68:3) (68:19) (78:19) (79:23) (93:2) (95:11) (98:3) (104:1) (105:10) (110:3) (112:2) (113:10) (115:3) (134:23) (136:6) (138:22) (139:22) (166:12) (167:21) (168:6) (177:15) (182:20) (186:2) (186:16) (187:25) (189:2) (191:20) non-responsiveness (90:22) (102:14) (104:25) (124:17) nonm alignancies (116:4) nonm alignant (116:3) nonresponsive (25:6) T hom as B. Bonney; F eb ru ary 25,1998 norm ally (45:4) n o tary (1:17) (194:4) (194:17) n o te (62:13) (117:1) (195:6) noted (82:14) notes (57:6) (60:14) (60:17) (60:23) nothing (13:6) (73:4) (73:7) (75:6) (115:10) (129:22) (133:19) (143:25) (194:6) notice (1:15) (153:10) (165:25) novem ber (117:8) (194:18) nuisance (18:13) (116:5) (125:17) (133:24) num ber (15:2) (18:17) (20:9) (21:18) (24:6) (59:8) (66:17) (86:11) (87:11) (93:4) (93:6) (95:6) (98:19) (99:3) (115:7) (123:23) (139:9) (150:1) (158:24) (165:10) (182:11) num bers (105:23) (106:2) (145:3) num erous (27:19) nurse (188:2) (191:9) n u rtu red (157:11) n u rtu rin g (159:2) oakdale (2:12) o ath (51:3) (51:6) obey (46:23) object (15:22) (25:6) (26:4) (28:11) (29:19) (30:9) (30:13) (32:24) (36:8) (38:20) (43:7) (44:21) (45:9) (46:20) (47:8) (51:7) (52:6) (68:3) (68:18) (78:18) (79:23) (90:11) (90:22) (90:25) (92:12) (95:10) (98:3) (102:13) (103:25) (104:24) (105:9) (108:9) (108:20) (110:8) (113:4) (114:3) (115:2) (119:12) (120:13) (120:24) (124:16) (124:22) (125:7) (128:24) (129:18) (131:14) (134:22) (136:6) (138:22) (139:21) (140:19) (162:20) (166:11) (167:17) (167:24) (168:11) (168:20) (182:20) objecting (119:18) (154:9) objection (29:9) (30:2) (50:21) (55:23) (91:20) (93:1) (110:3) (112:2) (113:10) (113:17) (113:24) (114:1) (114:2) (162:24) (167:21) (172:21) (177:14) (185:2) (186:2) (186:16) (187:25) (189:2) (191:20) objectionable (153:12) (154:1) (154:7) (154:10) objections (15:25) (185:5) objective (72:10) (136:16) (137:12) (138:6) objectives (71:15) (76:7) obligation (37:1) (38:17) (44:18) (46:3) (47:5) (49:10) (49:16) (73:1) (73:4) obligations (36:25) observe (39:23) (79:12) (79:25) (80:7) observed (150:12) obtained (83:11) (83:12) obtaining (83:18) (83:21) obvious (104:23) obviously (43:8) (76:11) (84:4) (108:22) (178:6) (178:19) occasion (84:7) occasionally (150:15) occasions (27:20) (53:14) (148:4) occupation (137:6) occupational (8:7) (22:25) (23:1) (23:3) (23:4) (23:8) Thom as B. Bonney; F ebruary 25,1998 W hatley vs. Alcoa il h il h h it h h il U it h it h il Ck il il il II il il il il il U li U il it (23:20) (23:25) (24:1) (40:25) (41:1) (58:15) (68:21) (111:1) (111:15) (116:1) (137:4) (169:17) occur (133:23) off (52:16) (70:4) (103:3) (131:4) (141:25) (155:15) (161:3) (192:19) office (98:16) (109:24) (194:14) offices (1:18) (2:3) officials (118:17) (119:10) (119:14) (121:1) often (178:4) ohio (19:16) old (3:14) (55:8) (56:20) (57:3) (164:25) (191:8) one-on-one (74:12) one-tim e (129:2) open (49:12) opened (40:5) operated (129:20) operating (38:8) operation (16:21) (22:16) (43:20) (44:25) (80:8) (80:23) (80:24) (81:22) (127:23) (128:10) (131:10) (131:20) (153:12) (154:2) (155:4) operations (27:15) (37:13) (40:19) (41:20) (44:8) (44:20) (47:7) (76:22) (77:14) (78:2) (78:6) (78:24) (153:23) (161:8) (162:6) o p erator (130:22) operators (170:18) opinion (52:5) (63:19) (64:1) (64:2) (144:23) (171:3) (171:8) (171:11) (172:23) (185:22) (186:4) opinions (171:18) opportunity (10:23) (11:4) (33:24) (74:22) (74:25) (75:4) (83:15) (97:21) (127:7) (140:3) (146:1) (183:23) (184:13) opposed (48:5) oral (194:6) o rder (24:7) (72:21) (98:17) (151:8) (156:4) (183:8) organization (87:20) (87:22) (87:24) (98:8) organizations (86:12) (86:14) originally (28:9) originals (192:24) osha (14:14) others (68:7) (108:18) otherw ise (80:15) (131:7) (167:9) (194:12) ought (53:2) (131:9) our (19:2) (22:1) (23:5) (23:21) (23:22) (25:4) (30:11) (36:15) (38:10) (39:22) (45:3) (45:3) (46:23) (47:25) (97:12) (98:16) (100:7) (104:13) (107:14) (117:5) (117:25) (122:21) (123:21) (123:25) (124:1) (136:4) (136:13) (137:3) (141:7) (149:10) (154:21) (157:9) (159:3) (165:22) (167:18) (170:10) (180:22) (186:20) (189:1) (192:12) ourselves (20:19) (24:16) (147:17) outside (13:10) (69:20) (122:22) (123:25) outstanding (91:13) (186:8) over (8:7) (8:16) (18:9) (27:4) (31:14) (31:23) (32:10) (53:17) (57:8) (74:6) (74:22) (84:19) (85:2) (88:25) (99:9) (106:3) (116:16) (119:6) (122:13) (141:12) (162:10) (175:13) (175:13) (175:15) (175:15) (183:21) (185:5) overall (38:9) overexposing (119:10) (120:20) overly (159:15) oversee (87:6) overw helm ing (38:6) own (4:1) (7:24) (10:15) (53:21) (75:16) (90:17) (111:20) (184:3) (188:5) ow ned (58:17) page (62:10) (62:12) (63:9) (65:17) (77:13) (78:20) (82:13) (84:11) (85:2) (89:16) (89:17) (106:10) (130:14) (130:20) (143:7) (153:8) (154:8) (161:7) (166:23) (170:14) (195:2) (195:4) pages (95:21) paid (69:17) (118:13) paper (83:7) paragraph (136:16) (137:18) (138:2) (185:9) param ount (127:4) parcel (137:1) (150:25) pardon (13:3) (69:15) (74:3) (82:4) (83:20) (147:7) parsons (176:12) (177:16) (179:17) parsons' (177:2) (179:2) p a rt (10:20) (21:15) (24:24) (27:16) (71:16) (73:5) (81:5) (126:23) (137:1) (150:25) p article (126:10) particles (17:24) (63:20) (89:19) (89:22) (89:23) (90:4) (112:14) (124:4) (124:19) (124:20) (125:20) (142:21) (144:10) (145:4) (145:11) (156:2) p articu lar (21:8) (25:5) (25:14) (26:23) (35:19) (36:10) (38:19) (42:2) (44:2) (47:25) (59:10) (60:2) (65:14) (74:5) (84:12) (88:20) (88:21) (89:14) (95:9) (113:6) (114:5) (129:21) (136:11) (166:14) (173:9) (189:11) particu larly (21:23) (50:22) p articu lates (63:21) p arty (194:12) past (34:25) (75:10) (75:12) (152:7) (184:22) pathologist (107:9) pathology (94:3) (106:21) (116:10) P atrick (2:15) p a tte rn (122:9) (123:22) (128:11) pay (119:1) (159:25) paying (5:18) p eer (134:14) (134:18) penalties (159:25) pending (113:17) (114:2) Pennsylvania (1:17) (1:18) (2:12X2:16) (19:10) (40:24) (189:18) (189:19) (189:20) (194:2) (194:14) (194:18) pension (3:23) (3:25) people (37:14) (42:5) (42:8) (66:8) (66:18) (92:10) (131:10) (135:5) (137:3) (141:16) (159:9) (162:5) (164:22) (167:14) (167:15) (168:7) (172:2) (173:10) (181:17) (190:10) (190:12) (191:2) per (17:25) (20:17) (57:10) (63:20) (112:14) (124:4) (124:19) (124:20) (125:20) (129:23) (142:21) (144:10) (145:4) (145:11) (156:2) (174:17) perceived (34:24) OCCUPATIONAL - PERCEIVED WORD INDEX (C) S ten o v a tio n s, Inc 1997 W hatley vs. Alcoa perceiving (109:17) p e rc en t (8:4) (11:7) (85:15) (123:7) (141:11) (142:14) (191:23) p ercen tag e (64:5) (123:9) p erfectly (125:5) (125:11) perform (27:14) (44:8) (69:3) (97:22) (99:18) (100:25) perform ance (40:22) perform ing (173:10) p erh ap s (12:3) (16:4) (24:11) (27:12) (134:12) (156:15) (156:20) p eriod (16:2) (17:4) (17:5) (27:5) (36:11) (54:9) (74:5) (155:16) (165:20) periods (19:21) (162:10) p e rito n e al (165:4) perm issible (111:1) (112:1) person (8:6) (46:3) (81:8) (147:24) (170:23) person's (138:12) perso n al (1:4) (53:10) (57:9) (57:11) (60:14) (60:17) (83:25) (149:19) (149:21) (150:8) (150:11) perso n ally (15:24) (53:1) (58:17) (61:2) (129:16) (165:14) (181:3) (194:5) p ersonnel (21:23) (37:18) (37:24) (38:24) (39:5) (42:16) (42:24) (43:25) (44:11) (48:18) (50:5) (78:24) (112:22) (161:13) persons (8:17) (20:6) (63:11) (63:24) (64:16) (85:15) (113:2) (162:13) (163:5) (165:2) (172:18) p e rta in (60:1) p erta in ed (33:17) (40:12) (42:25) p e rta in in g (1:16) (9:6) (9:7) (55:8) (61:8) p etrography (60:19) phase (175:9) (175:11) phone (68:25) (77:22) (83:22) photo (117:2) p h o to static (132:24) p h rase (39:16) (48:25) (49:3) p hrased (163:2) physically (53:14) physician (86:17) (109:15) (187:3) physicians (21:9) (21:14) (21:16) (21:21) (86:17) pick (175:16) picked (159:5) picking (137:19) p ictu re (103:24) piece (132:15) pieces (128:13) (130:21) pile (103:2) pipe (79:4) (79:15) (81:14) p ip e fitte r (79:13) p ip efitters (149:16) pipes (150:14) piping (148:10) (148:17) (148:18) (148:20) (149:2) (149:3) (150:19) (151:1) Pittsburgh (1:18) (2:16) (13:9) (13:10) (16:11) (20:10) (21:25) (26:16) (27:1) (41:12) (42:3) (98:16) (98:25) (100:21) (107:8) (109:24) (194:14) place (16:21) (20:2) (20:11) (99:14) (109:22) (129:11) (151:10) (174:23) (194:10) Thom as B. Bonney; F e b ru ary 25,1998 placed (122:13) places (111:2) p la in tiff (3:6) plaintiffs (1:6) (1:15) (2:2) plan (76:21) (77:1) (82:13) (195:6) p lan t (7:16) (13:11) (21:21) (22:17) (22:21) (37:14) (37:18) (37:23) (37:24) (38:13) (39:5) (40:5) (41:17) (42:8) (42:24) (43:20) (69:19) (82:16) (97:15) (99:4) (106:20) (119:25) (128:6) (141:11) (182:7) (187:3) (188:3) (191:10) p lants (13:21) (21:16) (22:20) (25:4) (27:14) (38:10) (39:17) (41:14) (49:12) (50:7) (69:8) (74:15) (82:23) (97:8) (97:12) (99:3) (100:7) (100:8) (149:11) (153:23) (190:8) (190:11) (190:13) p late (77:24) (168:9) please (15:24) (47:12) (49:19) (51:13) (105:18) (114:21) (117:6) (153:9) (153:14) (159:11) (173:7) pleura (166:23) pleural (165:3) plum bing (188:4) pluses (176:4) pneum oconiosis (144:14) (145:18) pneum oconiosis-producing (144:20) point (11:19) (19:23) (20:14) (20:16) (26:21) (28:3) (37:2) (37:22) (39:25) (41:11) (41:19) (48:22) (50:7) (54:17) (57:5) (71:11) (71:24) (78:11) (91:7) (106:14) (110:4) (112:23) (171:3) policies (6:8) (6:12) (136:10) policy (39:4) (39:17) (39:20) (39:21) (40:17) (49:6) (135:25) (136:8) (136:12) portion (15:22) (25:6) (28:12) (29:9) (30:14) (32:25) (68:4) (68:19) (78:19) (79:24) (93:2) (95:11) (98:4) (105:10) (114:13) (128:22) (129:13) (129:25) (138:23) (171:25) (172:1) (173:2) (186:16) (187:25) (189:2) (191:21) posed (73:20) position (13:14) (27:6) (47:21) (48:2) (48:20) (67:5) (146:15) (146:17) (146:21) possession (55:10) (55:16) (58:18) (59:5) (59:25) (60:13) (170:6) possibility (8:13) (11:2) (115:20) (145:23) possible (87:17) (95:17) (101:10) (136:16) (137:12) (138:6) (160:16) (162:18) (182:2) possibly (80:5) (107:21) (114:25) post-osha (74:13) posted (45:24) potency (68:14) p o ten t (25:3) p o ten tial (26:2) (97:2) (98:1) (99:2) (103:21) (109:16) (115:21) (117:17) (133:12) (135:17) (142:22) (154:18) (156:21) (158:14) (159:3) (177:5) poten tially (23:15) (24:25) (25:9) (29:4) potlining (161:8) (161:12) (162:6) potroom (180:23) pow er (1:8) (82:15) p racht (96:1) (96:3) (96:10) practical (147:23) Thom as B. Bonney; February 25,1998 W hatley vs. Alcoa p ractice (123:25) (132:8) (132:11) p racticin g (79:11) p recau tio n s (75:3) (75:16) (80:25) p red icate (51:8) (52:7) (92:14) (108:21) (113:5) (114:4) (114:7) (114:15) (119:13) (119:19) (120:25) (125:8) (128:25) (129:6) (131:15) predisposing (116:18) p red o m in an t (174:3) p reem in en t (164:3) p re fe r (157:12) (158:9) p relim in ary (99:10) (128:9) prem ise (47:9) p re p a ratio n (10:17) (61:6) p rep ared (186:22) presage (64:10) presence (14:6) (14:13) (177:12) (194:8) p re se n t (6:20) (39:13) (39:14) (56:24) (122:21) (156:10) (160:14) (173:20) p resen ted (82:21) (121:11) p resen tly (3:16) (3:20) (6:16) (60:1) presum ably (100:16) (106:8) (130:7) (148:6) (163:6) presum e (32:13) (33:2) (78:13) (121:19) (138:9) (179:18) p re te n d (108:17) p reten d in g (109:17) p re tty (167:7) p rev en t (134:6) previous (54:9) (90:22) (133:1) (147:3) previously (4:14) (26:1) (91:2) (96:16) (110:23) price (2:7) p rim arily (13:19) prim ary (45:3) (61:4) p rinciples (80:17) p rin te d (139:10) (186:9) p rin ts (98:20) p rio r (9:9)'(14:16) (39:15) (54:4) (57:14) (77:6) (78:13) (79:21) (83:2) (100:2) (151:8) p rio rity (25:5) (26:22) (28:2) (105:14) p riv ate (195:11) pro b ab ility (115:20) probably (9:3) (9:19) (14:8) (16:22) (39:14) (48:1) (55:22) (146:6) (147:21) (150:22) (152:8) (186:8) (189:15) problem (65:17) (98:1) (107:14) (118:16) (121:9) (127:12) (135:21X137:19) (139:11) (139:16) (140:8) (140:21) (140:22) (145:12) (149:6) (157:10) (157:14) (158:10) (159:14) problem s (5:7) (5:9) (75:23) (78:17) (116:5) (152:7) (159:11) (160:8) (177:19) (177:25) procedure (1:16) (4:17) (97:11) (109:22) process (8:1) (11:22) (65:8) (81:13) (120:23) (127:16) (179:22) (184:8) processes (28:16) procured (68:20) produce (61:24) (89:21) (95:14) (95:15) (184:17) (184:23) (193:4) produced (57:20) (59:1) (91:5) (91:9) (91:10) (91:12) (131:22) (184:2) producing (144:15) product (123:1) (123:4) (123:7) (142:14) (157:3) (159:4) (178:18) (190:23) production (97:3) products (97:23) (151:3) professional (40:2) (41:4) (86:12) (96:4) (125:4) professionals (59:9) (86:13) (97:14) program (27:4) (72:7) (77:3) (77:7) (77:12) (195:5) progress (178:6) progressive (31:13) (32:9) (32:12) project (54:16) prom ulgated (37:3) (112:7) prone (102:2) proper (51:8) (52:7) (92:13) (109:19) (113:20) (114:4) (114:7) (114:15) (119:12) (119:19) (120:25) (125:8) (128:25) (129:5) (131:14) (184:15) properly (31:25) (129:20) (151:4) (179:2) (182:5) proposed (128:10) protect (45:3) (46:23) (49:16) (50:19) (82:11) (131:11) (192:5) (192:10) protecting (45:7) protection (72:11) (72:18) (81:9) (81:12) (81:22) (168:9) (180:7) (180:7) protective (182:4) prove (139:19) (140:24) (141:3) (141:3) (141:8) (141:13) proven (80:15) provide (4:18) (6:24) (33:16) (120:2) (121:20) (178:11) (179:23) provided (10:11) (22:19) (22:20) (33:11) (58:13) (74:14) (99:19) (100:11) (101:8) (101:11) (103:18) (103:19) (104:9) (118:12) (121:5) (121:14) (128:14) (130:22) (144:18) providing (6:5) (7:6) (168:9) province (36:9) provisions (38:12) public (1:17) (17:16) (25:24) (59:4) (107:21) (108:7) (108:25) (109:1) (109:17) (128:7) (130:14) (131:19) (132:1) (142:13) (194:4) (194:17) publication (59:10) (62:15) (64:14) (94:9) publications (87:7) publicity (115:1) publicized (44:4) (44:16) published (35:4) (35:5) (59:16) (61:14) (62:7) (62:19) (76:23) (85:22) (86:22) (93:17) (94:2) pulled (150:15) pulley (128:15) pulm onary (64:9) (94:2) (94:7) (103:14) (106:11) purchase (4:4) purchased (83:9) pure (125:17) (156:6) purely (146:25) purportedly (80:18) purpose (4:16) (5:16) (6:3) (11:9) (18:19) (87:15) (115:24) purposes (80:16) (96:20) (123:23) (137:13) PRACTICE - PURPOSES WORD INDEX (C) S ten o v atio n s, Inc 1997 W hatley vs. Alcoa T hom as B. B onney; F eb ru ary 25,1998 p u rsu an t (1:15) (77:1) push (103:3) p.u..z.z..l.e..(.1.8=7:=11=) =====Q =============== qualify (126:21) (162:3) quantify (100:1) (149:9) q u an tity (97:19) question (4:21) (29:20) (30:14) (31:16) (32:1) (37:8) (45:15) (46:15) (47:9) (47:11) (49:17) (49:21) (50:22) (51:9) (51:12) (51:13) (51:13) (51:18) (52:6) (53:3) (55:24) (68:14) (73:25) (74:17) (75:21) (76:5) (76:10) (79:10) (89:2) (90:21) (90:23) (92:18) (102:15) (104:20) (105:1) (105:20) (105:21) (108:21) (109:2) (112:3) (112:4) (113:15) (113:16) (113:16) (113:20) (113:20) (113:23) (114:9) (114:14) (114:17) (114:21) (114:23) (118:22) (119:19) (119:21) (120:16) (124:23) (125:23) (126:18) (128:25) (129:3) (129:7) (131:17) (134:24) (136:7) (137:24) (140:20) (148:12) (158:2) (162:23) (163:3) (167:22) (168:5) (168:22) (171:7) (171:14) (171:15) (171:16) (171:20) (172:6) (172:13) (172:14) (172:15) (173:2) (173:3) (183:22) (186:3) questioning (91:4) (91:12) (114:16) q u estionnaire (190:2) questions (4:17) (4:25) (16:1) (46:14) (69:25) (73:20) (76:22) (81:4) (90:25) (91:18) (115:15) (126:19) (140:1) (140:2) (140:4) (172:9) (172:12) (180:10) (183:18) (184:9) (184:12) (185:7) quick (9:22) (179:15) q u ite (12:5) (69:1) (122:20) quote (137:11) (175:21) quotes (191:22) raise (155:25) (156:1) (156:4) (156:6) ram ifications (46:21) ram irez (47:24) range (12:9) (21:13) (54:23) (82:13) (97:24) ranges (82:16) ra re (165:6) (167:9) ra te d (29:6) ra th e r (68:16) (115:21) (116:2) ra tio s (75:22) (76:3) reactio n (188:18) (188:19) read (31:16) (31:18) (47:11) (47:13) (49:19) (49:20) (51:17) (51:19) (55:24) (55:25) (61:19) (63:22) (64:11) (65:20) (66:14) (68:23) (72:14) (77:3) (84:4) (89:9) (89:25) (90:1) (91:2) (92:15) (95:20) (96:25) (97:5) (102:1) (108:1) (113:11) (113:12) (113:21) (114:3) (114:13) (114:18) (114:19) (117:6) (117:10) (122:23) (127:12) (129:8) (134:23) (134:25) (135:22) (136:7) (136:9) (137:17) (137:22) (142:25) (143:5) (144:21) (152:15) (154:4) (160:2) (160:11) (161:16) (161:22) (162:14) (163:17) (164:8) (165:7) (170:11) (170:13) (170:20) (171:2) (171:7) (171:8) (171:14) (171:22) (171:24) (172:1) (172:4) (172:6) (172:15) (172:22) (173:1) (173:2) (173:4) (173:6) (173:23) (175:13) (177:20) (178:7) (182:4) (182:14) (183:5) (183:17) (183:24) (184:1) (184:13) (185:1) (185:10) (186:24) (188:5) (188:10) (189:10) (189:13) (189:16) (191:12) read ily (98:24) read in g (106:1) (114:6) (137:16) (158:5) (171:12) (175:10) (189:11) real (8:21) re a listic (135:17) realizatio n (28:10) realize (28:7) really (19:6) (19:17) (26:11) (35:16) (76:4) (105:19) (133:2) (185:24) reason (4:21) (31:25) (43:24) (44:10) (46:16) (46:18) (81:11) (110:17) (110:20) (112:25) (114:22) (114:24) (115:23) (123:18) (124:1) (125:21) (131:3) (131:6) (132:9) (132:10) (154:10) reaso n ab le (24:2) (47:17) (127:11) reasons (29:24) (135:6) (174:7) recall (5:24) (5:25) (9:2) (9:4) (9:5) (13:17) (14:2) (15:13) (19:6) (19:13) (19:14) (19:17) (26:14) (26:19) (28:1) (32:16) (32:18) (33:15) (33:22) (34:1) (34:7) (34:13) (35:3) (35:11) (35:15) (35:16) (35:20) (35:22) (39:16) (39:21) (43:22) (50:4) (51:24) (55:19) (56:8) (56:12) (62:6) (62:18) (63:13) (63:16) (64:14) (64:18) (64:19) (72:1) (76:2) (78:15) (82:20) (86:25) (93:20) (93:24) (94:7) (94:10) (94:15) (96:4) (96:16) (99:25) (101:3) (104:15) (105:2) (115:18) (115:23) (116:19) (116:21) (117:14) (118:2) (118:6) (118:9) (118:15) (118:16) (121:2) (122:25) (151:12) (151:16) (151:20) (153:19) (154:18) (155:1) (156:14).(156:23) (156:24) (157:17) (161:24) (163:21) (164:1) (165:13) (169:3) (171:14) (171:16) (180:20) (189:16) (190:11) (190:16) recalled (151:19) recalls (117:21) receip t (101:25) (102:19) (127:6) receive (13:1) received (62:18) (63:1) (94:23) (110:19) (127:24) (134:10) (143:22) (169:14) (170:5) (172:17) (187:9) (189:14) receiving (3:23) (3:25) recen t (39:8) (39:11) (39:15) (72:4) (99:9) (181:1) recen tly (61:17) recess (52:18) (70:8) (142:2) (192:15) reclaim ing (5:5) recognition (23:14) (32:16) recognize (28:5) (73:1) (81:12) (83:2) (175:6) recognized (29:11) (29:20) (29:21) (30:7) (30:17) (30:21) (31:11) (32:3) (40:21) (67:10) (68:6) (72:12) (72:25) (156:8) (161:14) (161:20) (174:10) (183:12) recollection (5:21) (6:4) (8:20) (8:23) (14:4) (22:14) (26:9) (39:19) (88:2) (91:1) (94:4) (99:24) (104:19) (120:22) (142:17) (148:13) (148:18) (151:7) (153:21) (158:6) (176:21) (178:9) (188:20) recom m end (142:20) recom m endation (130:25) (143:3) recom m endations (122:10) (130:15) (130:17) recom m ending (131:8) record (3:3) (31:18) (47:13) (49:20) (51:19) (52:16) (52:20) (55:25) (58:6) (62:10) (70:5) (71:6) (90:24) Thom as B. Bonney; F e b ru a ry 25,1998 W hatley vs. Alcoa (91:19) (93:3) (95:22) (104:2) (113:12) (134:25) (136:9) (142:1) (142:5) (151:24) (166:7) (166:19) (168:15) (168:17) (168:21) (174:4) (192:20) records (101:13) recover (5:17) rectum (165:11) red (78:25) reduce (46:5) reduced (194:7) referen ce (55:4) (60:2) (61:9) (62:9) (89:12) (96:9) (111:22) (116:9) (117:7) (122:6) (154:25) (158:3) referenced (193:3) references (104:6) re ferred (134:19) (186:19) referrin g (33:19) (39:12) (140:23) (143:21) (156:24) (157:17) (158:14) (158:16) (162:16) (163:7) (181:7) refers (62:13) (164:16) (176:24) reflects (168:21) refresh (158:5) (188:20) refresh ed (11:17) regard (137:8) (138:6) (188:11) regarded (28:24) regarding (123:19) (152:21) (154:16) regardless (29:10) (29:14) (29:16) (105:11) (126:13) (126:24) (149:20) (175:1) (184:24) (184:25) regards (176:20) reg eh r (122:1) (122:2) (123:11) (127:14) (127:19) (128:5) (132:21) (135:10) (138:17) (142:11) (142:12) (143:20) regs (42:7) (42:20) reg u lar (41:25) (63:1) regularly (170:16) (180:23) regulated (25:17) (112:6) reg ulation (79:8) (113:6) (126:5) (126:6) (126:10) (126:25) regulations (37:12) (37:19) (38:1) (38:25) (39:3) (39:6) (40:11) (40:18) (41:3) (41:7) (41:22) (42:3) (42:16) (42:25) (44:1) (44:16) (44:20) (46:25) (47:18) (48:1) (48:13) (48:21) (48:24) (49:11) (50:3) (50:6) (72:12) (72:19) (73:2) (111:1) re in stall (150:6) re la te (181:4) re la ted (6:17) (57:17) (67:12) (107:9) (137:5) (137:5) (178:1) re la tes (181:9) re la tin g (59:22) (67:23) re latio n (167:1) (185:15) relatio n sh ip (65:19) (65:25) relativ e (194:11) relativ ely (29:7) (39:8) (89:7) (148:23) (164:7) (164:14) (166:1) relay (159:13) relayed (159:16) release (78:21) (78:21) (79:5) reliance (133:19) relied (42:4) (42:8) (96:19) (133:17) (185:24) relieved (158:19) rely (56:4) rem ain d er (16:14) (146:2) (160:21) rem em ber (19:22) (33:9) (34:3) (35:8) (35:17) (55:12) (56:13) (94:5) (137:24) (189:11) (190:15) rem ote (35:6) rem oval (81:13) rem ove (82:15) (122:17) (129:25) (149:17) (150:5) rem oving (82:22) (83:3) renew ed (62:2) re p a ir (150:5) rep airs (180:24) (186:22) re p e a t (31:17) (32:1) (172:9) rep eated (144:9) (144:16) rep h rase (4:22) (92:18) (137:25) replacin g (164:24) re p o rt (62:2) (63:5) (85:13) (103:10) (107:13) (107:20) (107:23) (107:24) (108:6) (108:18) (108:24) (109:7) (109:9) (109:16) (110:2) (190:2) re p o rted (21:4) (21:6) (84:15) (84:22) (86:2) (188:22) re p o rte r (3:4) re p o rts (8:23) (34:2) (34:5) (35:5) (41:25) (84:18) (85:8) (162:12) (162:16) (163:4) (163:7) (163:12) re p re se n t (73:17) (80:3) (88:9) rep resen tativ e (1:4) (182:10) rep resen ted (53:1) rep resen tin g (53:5) (53:10) re p rin ts (98:18) req u est (53:24) (58:20) (91:2) (91:14) (158:11) (161:12) (177:3) requested (179:24) requesting (92:2) req u ire (81:8) (81:11) (171:7) req u ired (36:4) (50:19) (102:9) requirem ents (38:1) (38:18) (39:18) (40:23) (40:23) (40:24) (40:24) (42:2) (43:21) (72:11) (72:18) (72:22) req u irin g (39:17) research (10:14) (12:17) (13:12) (13:13) (16:3) (16:15) (17:7) (48:12) (59:10) (83:16) (99:13) (102:16) research er (164:3) research ers (63:19) reserv atio n (162:2) reserve (185:5) resid en ts (64:6) (64:11) resin (159:16) (160:7) resins (154:19) (159:21) resource (22:19) (22:20) resources (44:7) respect (7:5) (15:14) (29:2) (36:25) (42:19) (53:15) (81:4) (95:13) (102:22) (102:23) (115:19) (133:20) (143:25) (174:1) re sp ira to r (130:22) (183:11) (183:13) resp irato rs (131:9) (183:7) resp irato ry (58:15) (66:12) (66:19) (67:18) (68:21) (81:8) (81:12) (158:4) (180:6) respond (157:20) responded (191:17) response (38:4) (73:21) (73:25) (75:24) (126:20) RECORD - RESPONSE WORD INDEX (C) S ten o v atio n s, In c 1997 W hatley vs. Alcoa (158:20) (158:23) (159:13) (161:11) (177:2) (182:25) (184:21) responses (119:7) resp o n sib ilities (13:17) (13:19) (23:22) (26:24) (46:8) resp o n sib ility (22:15) (23:5) (23:22) (36:20) (37:15) (37:18) (37:23) (38:7) (38:9) (42:15) (42:19) (46:6) (46:22) (48:4) (75:7) (138:18) responsible (22:21) (36:15) (37:11) (42:6) (46:16) re s t (48:5) (102:9) (159:10) re stric te d (23:9) re su lt (10:13) (11:14) (24:19) (24:24) (25:8) (36:22) (46:5) (127:15) (136:23) (141:12) (162:10) re su lted (57:7) (127:23) (128:19) (155:4) re su ltin g (5:9) (80:8) (130:9) (141:16) (160:8) (161:13) re su lts (89:2) (126:8) (128:20) (166:4) re ta in e d (83:25) (187:4) re tire (146:12) re tire d (3:20) (28:14) (51:23) (58:20) (68:22) (146:14) (148:1) re tire m e n t (3:23) (5:14) (5:15) (83:2) re tu rn e d (107:19) review (8:15) (10:14) (10:19) (10:24) (11:5) (11:10) (11:14) (23:18) (24:13) (33:24) (56:17) (57:15) (61:7) (61:10) (84:8) (93:25) (104:7) (118:13) (119:1) (120:2) (120:8) (120:17) (120:21) (121:6) (157:22) review ed (9:6) (10:16) (33:13) (109:8) (116:19) (119:2) (120:9) (121:15) (122:15) (123:17) (132:22) (134:14) (134:19) (152:17) (154:24) (161:2) (167:5) (169:13) review ing (34:25) (87:16) rew ord (4:22) rh o d e (176:13) rich ard s (185:13) (186:22) (187:3) (187:7) riled (184:13) rings (117:3) (117:6) (118:1) rip (79:14) (80:1) rip p in g (164:25) risk (29:8) (67:11) (75:2) (75:18) (75:19) (80:3) (81:15) (82:1) (82:2) (82:5) (82:8) (156:9) (156:12) (166:2) (170:19) (170:25) (172:3) (172:19) (174:11) (175:5) ro ad (140:4) rockdale (7:18) (37:17) (40:1) (48:22) (50:7) (76:22) (77:6) (77:14) (78:2) (78:5) (112:22) (126:9) (148:4) (149:1) (149:12) (149:15) (149:18) (160:25) (161:1) (180:12) (181:15) ro n ald (2:18) room (90:17) (90:20) roughly (14:14) ru le (108:12) rules (1:16) (49:11) (50:6) rum berger (147:1) (147:12) (147:20) rum berger's (73:11) (73:13) (146:21) ru n (146:2) (191:25) ru n n in g (91:20) ============== S ============== safe (125:5) (125:11) safeguard (36:21) (116:1) (116:2) (116:4) safety (23:4) (37:20) (38:25) (39:6) (40:12) (40:19) T h o m as B. B onney; F e b ru a ry 25,1998 (41:1) (41:1) (42:18) (42:25) (48:1) (48:19) (49:11) (50:6) (50:15) (59:9) (60:1) (67:7) (67:9) (74:13) (75:17) (76:15) (80:16) (87:21) (88:6) (88:12) (88:16) (88:19) (92:9) (92:20) (96:4) (127:3) (147:14) (19:3) (169:6) (169:8) (169:11) (169:15) (169:17) (170:5) (173:19) sam ple (99:8) (99:18) (100:13) (100:16) (124:13) (126:14) sam ples (13:20) (13:21) (13:23) (14:5) (14:8) (27:3) (100:10) (100:11) sam pling (14:12) (15:13) (27:14) (27:18) (27:23) satisfacto ry (122:22) saw (35:1) (117:3) (117:6) (117:16) (117:25) (122:18) (128:14) (135:6) (150:11) (151:2) (169:10) saw ing (117:3) (118:18) (122:9) (123:23) (124:6) (127:10) (127:21) (133:12) (133:13) (151:10) (151:14) (154:16) (178:16) (179:22) saw s (122:17) (122:20) (123:22) saying (22:2) (36:19) (90:3) (90:10) (91:11) (108:3) (125:11) (125:12) (135:14) (138:9) (138:13) (139:4) (139:7) (139:15) (139:19) (145:13) (145:14) (145:16) (145:17) (160:6) (160:12) (178:19) (191:23) sayis (190:25) says (63:19) (64:4) (72:7) (85:19) (89:1) (90:12) (90:15) (98:12) (108:22) (128:9) (128:13) (130:17) (139:18) (144:7) (145:15) (152:6) (153:8) (153:25) (156:5) (175:23) (179:11) (179:12) (181:20) scarrin g (31:3) (31:6) (31:13) (32:4) (32:8) (32:14) (65:6) (67:2) (68:10) sc a tte re d (189:25) school (12:11) (12:14) (15:7) science (12:24) scientific (23:19) (24:6) (33:12) (87:13) (95:8) (102:8) (102:10) (167:19) seal (111:17) (111:19) (194:14) sealin g (122:14) second (59:24) (89:1) (113:21) (134:19) (141:8) (153:8) (172:13) secondary (141:6) section (61:8) seeing (33:15) (105:4) (118:15) seeking (5:17) (6:16) seem ed (32:22) seem s (74:17) (140:18) (162:6) seldom (169:10) self (143:23) self-explanatory (133:1) selikoff (163:19) (163:21) (163:22) (164:16) selves (57:16) sem antics (28:23) sem ken (160:25) (162:6) (163:4) (180:13) (181:16) (182:7) (182:25) (186:17) (187:6) send (92:3) (96:9) sends (107:8) sen io r (37:18) (37:24) (39:5) (41:4) (42:5) (48:17) (146:8) (147:24) sense (16:20) Thom as B. Bonney; F eb ru ary 25,1998 W hatley vs. Alcoa sensibly (138:4) (157:20) sen t (9:24) (54:5) (54:7) (58:21) (123:25) (133:1) (159:19) (181:2) (190:1) sentence (67:14) (184:14) sep arate (58:25) September (88:17) (92:10) (94:9) (101:15) (105:16) (106:6) (159:20) (166:14) sequence (142:12) series (116:16) (119:9) (120:18) (121:7) (130:15) (157:10) serious (73:23) (82:1) (82:7) serve (6:20) service (17:17) (25:24) (59:4) services (58:14) (67:8) (67:10) sessions (74:15) set (1:19) (17:23) (18:8) (36:5) (43:17) (43:21) (63:20) (113:5) (158:13) (194:7) (194:13) several (24:12) (53:4) (57:21) (96:12) (98:23) (107:4) (119:7) (121:4) (135:5) (148:4) (152:24) (177:19) (181:24) shared (132:6) sh aip (122:16) sheets (122:22) shelbyw ille (2:8) shipyard (191:12) shoes (147:15) shop (117:4) (122:9) (123:22) (128:11) (152:24) shops (123:25) sh o rt (112:1) (181:5) short-term (145:2) (159:25) (160:8) (160:13) shortly (12:17) (16:23) (40:4) (58:19) (113:1) shorts (181:25) should (38:24) (39:5) (40:22) (43:25) (47:17) (50:2) (75:1) (78:24) (82:14) (111:23) (113:3) (130:22) (131:21) (136:2) (156:16) (170:1) (182:2) (182:4) shoulder (185:6) shouldn't (44:12) show (52:2) (58:16) (67:14) (71:20) (73:10) (76:20) (88:16) (88:20) (94:13) (94:14) (95:24) (96:22) (98:5) (106:17) (110:25) (114:11) (142:9) (143:19) (152:20) (155:19) (160:24) (163:16) (169:16) (170:14) (182:24) (186:17) showed (63:10) (121:10) showing (62:2) (117:3) (119:16) (137:15) shown (34:10) shows (181:19) side (103:4) (159:16) sien (193:7) sift (11:20) signed (117:8) (153:15) (157:14) (157:15) significance (175:5) significant (8:6) (8:12) (10:22) (11:3) (24:6) (24:11) (24:12) (28:15) (32:15) (32:19) (32:21) (63:11) (64:24) (79:16) (80:3) (81:15) (82:17) (87:12) (109:18) (109:20) (129:25) (134:8) (134:12) (144:19) (154:13) (156:19) (156:20) (161:15) (161:20) (162:1) (162:4) (164:2) (167:7) (167:10) (174:9) (174:10) (174:23) (178:23) (179:1) (191:15) significantly (166:2) silica (89:7) (133:24) (173:22) (174:8) (174:15) (174:22) (175:2) silicosis (116:17) sim ilar (71:25) (72:2) (89:6) (97:7) (122:11) (152:7) (181:10) sim ple (109:5) sim pler (36:19) sim ply (102:15) (112:4) single (102:5) (141:11) (175:22) sinus (153:2) sit (26:14) (33:25) (34:6) (104:15) (119:8) site (39:25) sites (27:13) situation (82:11) (136:13) situations (81:7) six (7:8) (9:8) (53:18) size (89:19) sm all (9:24) (20:19) (35:6) (35:8) (89:23) (128:16) (148:23) (149:2) sm ith (85:11) (159:4) sm ithson (98:6) (98:11) snow (156:6) sole (155:3) solid (21:18) solution (127:11) solve (78:17) solving (75:22) somebody (20:10) (190:22) somebody's (152:15) som etim e (16:5) (17:18) (27:10) (63:3) (169:2) som etim es (41:17) (44:3) som ew hat (76:1) (121:16) som ew here (9:8) (169:8) sons (191:11) soon (182:2) (186:23) sophisticated (47:21) sorry (15:18) (49:24) (58:10) (74:2) (117:19) (157:9) (163:1) (172:11) (184:5) sort (5:19) (55:20) (89:13) (96:4) (129:12) (129:20) sought (6:16) sounds (141:20) source (64:7) (104:17) sources (173:21) south (2:4) (63:12) speak (16:16) (47:25) (49:8) speaking (98:8) (106:2) speaks (108:11) special (26:12) (38:12) (46:9) (74:15) specialization (23:8) specific (19:14) (19:18) (26:15) (26:19) (28:1) (32:16) (35:23) (39:21) (63:16) (82:25) (104:18) (131:16) (169:22) specifically (14:17) (15:14) (36:16) (69:8) (94:5) (149:6) (162:21) specifics (19:8) SENSIBLY - SPECIFICS WORD INDEX (C) S ten o v atio n s, Inc 1997 W hatley vs. Alcoa specified (194:10) sp ecu late (47:16) (76:9) (163:10) sp ecu latin g (26:11) speculation (26:5) (36:9) (120:12) (162:21) speculative (110:9) (110:1Q) speed (11:22) (45:23) (45:24) (46:4) (87:17) sp eer (152:19) (152:21) (153:8) (153:14) (153:15) (153:16) (153:25) spend (172:25) spending (53:23) (135:11) sp en t (54:1) (54:9) sp in n er (103:14) sponsored (176:5) (176:7) spouse's (8:19) square (78:23) stac k (9:16) (60:10) stack s (83:7) stan d a rd (132:7) (132:10) s ta rt (5:13) (106:3) (116:16) (119:16) (121:24) (175:11) sta rtin g (27:6) s ta rts (168:9) s ta te (3:11) (13:16) (19:9) (19:10) (19:16) (19:18) (37:11) (37:25) (38:12) (38:19) (38:24) (39:6) (39:18) (40:11) (41:7) (41:22) (42:2) (42:7) (42:16) (43:22) (44:2) (44:7) (44:8) (44:11) (48:12) (49:13) (50:8) (52:4) (55:20) (63:9) (79:8) (85:8) (110:21) (110:22) (112:18) (115:1) (117:4) (117:15) (117:16) (117:24) (118:2) (118:6) (126:24) (127:6) (131:18) (135:16) (138:5) (138:24) (139:11) (142:19) (159:7) (168:1) (168:13) (173:3) (174:1) (176:12) (179:4) (189:18) (189:25) (191:22) state-o f-th e-art (130:4) sta te d (11:9) (15:12) (35:10) (72:19) (85:14) (92:20) (105:13) (114:1) (114:17) (122:19) (124:20) (145:21) (159:1) (168:3) (178:4) sta te m e n t (25:11) (34:8) (34:16) (36:23) (54:7) (54:8) (61:11) (62:4) (66:9) (67:20) (92:17) (105:11) (126:12) (127:1) (135:13) (141:14) (141:15) (156:22) (174:1) statem e n ts (54:5) sta te s (19:5) (19:20) (37:13) (38:8) (58:14) (59:4) (92:6) (92:22) (92:24) (107:12) (163:4) (169:21) (172:2) (181:21) statesm en (181:2) sta tin g (34:4) (34:6) (134:15) (140:12) statio n ed (39:25) steam (148:10) (148:18) (148:20) (149:2) (149:3) (150:14) (150:19) (150:19) (151:1) stenotypy (194:7) step (147:15) stepped (147:9) steps (168:8) stic k er (115:11) still (31:22) (55:16) (60:24) (68:14) (129:15) (140:13) (146:11) (192:11) s tir (156:19) stock (4:1) (4:2) (4:3) (4:4) (4:6) stom ach (165:11) Thom as B. Bonney; F eb ru ary 25,1998 stop (81:22) (127:21) (133:7) (134:2) stop-go (126:2) stopped (127:16) sto ry (159:1) sto u t (99:8) (107:6) (108:3) s tre e t (1:18) (2:8) (2:15) stric k en (188:1) s tric t (138:24) (139:12) (140:6) (140:9) (140:22) stric tly (30:12) (139:5) (139:17) (140:12) (141:10) (167:24) strik e (20:15) (30:4) (40:15) (90:21) stru c tu re d (78:16) struggling (111:25) stu d ied (65:18) (165:2) studies (34:2) (34:19) (34:21) (35:1) (64:7) (67:23) (85:10) (100:25) (102:6) (104:22) (105:7) (142:22) (151:8) (170:16) (175:17) (176:5) study (62:6) (62:19) (62:22) (63:14) (85:20) (85:23) (86:7) (102:5) (102:8) (128:9) (134:17) (134:20) (134:20) (134:21) (135:1) (175:22) (176:1) (189:17) (189:23) stu ff (181:18) (186:5) su b ch ap ter (56:10) subject (67:11) (105:2) (128:9) (132:22) (135:4) (143:25) (161:12) (181:2) (185:13) subjected (170:19) (172:3) subjects (57:13) subscribe (24:5) subsequent (5:13) (12:16) (83:10) (127:6) substance (6:2) (25:10) (28:6) (28:22) (29:3) (29:13) (29:22) (30:7) (30:18) (30:22) (75:14) (129:3) (134:13) substances (18:7) (24:20) (25:16) (111:22) (112:6) su b stitu te (155:17) such (39:19) (40:3) (46:18) (47:23) (48:24) (81:7) (81:25) (86:13) (89:19) (114:7) (150:8) (160:16) (165:6) (169:23) (188:24) (190:25) suck (129:13) (130:8) sucking (128:22) suffer (167:15) suffered (7:21) sufficient (81:18) (81:20) (168:13) sufficiently (124:24) suggest (11:19) (69:22) suggested (50:15) (64:8) (156:15) (185:20) suggesting (107:13) (134:15) (185:23) suggestions (182:3) suggests (107:20) (107:22) su itab le (155:18) (183:12) su ite (2:4) sum m arizes (144:23) sum m ary (135:24) sun (90:17) supervisor (17:7) (146:10) supervisor's (17:10) supervisors (40:13) (77:14) (77:25) (78:2) (156:21) supervisory (42:5) (112:22) supposed (80:14) (130:3) (134:5) (140:1) (140:1) Thomas B. Bonney; F ebruary 25,1998 W hatley vs. Alcoa ' (140:2) supposedly (181:4) sure (11:6) (11:7) (11:21) (15:25) (22:22) (24:13) (31:15) (31:22) (34:18) (44:5) (44:15) (46:9) (46:19) (49:4) (52:4) (52:4) (62:11) (63:17) (67:16) (82:1) (90:15) (100:7) (108:10) (109:4) (116:24) (117:22) (131:1) (134:18) (136:10) (138:2) (140:17) (141:8) (149:23) (155:18) (158:7) (158:16) (170:11) (170:13) (172:13) (176:1) (182:16) surprise (88:13) surprised (89:11) (89:15) surrounding (176:22) survey (108:22) su sceptibility (162:12) suspect (41:9) (56:1) (77:19) sw ear (3:4) sw orn (3:7) (88:10) (194:5) system (66:22) (122:13) (122:15) (122:15) (123:22) (129:12) (129:23) (129:24) (130:5) (130:7) system s (66:13) (67:18) (122:11) (122:19) (150:19) (151:1) (178:5) (178:11) (179:24) ============== T ============== table (122:14) tag (193:2) ta k en (1:16) (52:18) (52:22) (70:8) (80:25) (126:14) (142:2) (194:10) tak es (89:4) (89:20) (191:24) tak in g (1:16) (139:23) (194:6) ta lk (16:19) (28:13) (42:11) (59:23) (60:12) (66:5) (66:16) (84:18) (86:1) (109:6) (126:16) (138:2) (158:12) (165:9) (180:11) (183:7) (186:22) (187:7) (192:7) ta lk e d (67:1) (93:12) (107:15) (169:2) (181:12) talk in g (34:12) (42:9) (43:12) (50:8) (66:17) (74:4) (89:17) (126:17) (145:18) (175:13) (191:5) talk s (62:1) (84:12) (88:25) (111:9) (165:2) (189:17) tap e (70:3) (71:4) (78:25) (141:24) (142:3) (192:18) ta rg e t (179:5) ta sk (97:1) te a r (79:14) (80:2) te a rin g (164:25) tech (2:12) tech n ical (78:16) (146:25) tech n ically (58:23) technicians (40:4) technologists (40:4) technology (27:18) telegram (155:20) tellin g (31:24) (34:13) (35:25) (40:8) (47:2) (47:4) (49:9) (49:13) (49:15) (92:10) (96:8) (108:4) (109:7) (125:6) (131:19) (167:8) (181:16) tells (181:17) te n (12:3) (16:4) (21:13) (27:8) (27:9) (124:13) (145:10) (190:7) ten u re (71:24) (71:24) (72:16) (74:1) (75:25) (79:18) (79:20) (81:5) (116:20) (148:21) term (65:1) (112:1) term ed (95:4) term in al (181:22) term s (7:12) (7:13) (45:23) (51:5) (94:15) (126:21) (129:1) (147:22) terrific (92:7) (92:21) te st (9:2) (14:7) testify (194:6) testim ony (6:2) (6:3) (6:22) (6:24) (10:17) (27:21) (51:3) (51:6) (51:25) (53:15) (99:24) (112:16) (118:14) (120:2) (148:9) (194:7) testin g (14:5) texas (1:1) (2:5) (2:9) (2:20) (7:18) (37:16) (37:19) (37:23) (40:23) (41:13) (44:11) (48:12) (49:12) (49:13) (110:21) (111:14) (111:15) (111:17) (112:9) (112:18) (115:10) (126:10) te x t (59:10) (59:16) (61:7) (61:12) (61:14) (62:12) (67:4) (67:10) (68:21) (96:15) textbook (55:13) (55:19) (56:9) (56:16) (65:17) (83:8) (83:19) textbooks (55:4) (55:8) (56:20) (57:3) (59:18) (60:24) tex tile (32:23) (62:3) (68:17) (105:8) tex ts (58:13) (60:18) (96:18) th a n k (58:24) (190:24) (192:16) thereabouts (14:21) (64:15) th e re a fte r (113:2) th erefore (89:23) thereupon (70:7) (71:2) (73:8) (76:18) (117:12) (122:4) (123:14) (128:2) (132:18) (133:4) (142:6) (143:17) (144:5) (152:4) (157:6) (158:21) (160:4) (161:5) (176:8) (177:22) (180:17) (182:22) (187:1) (193:6) th ey 're (126:4) th ird (106:23) (113:22) thom as (1:12) (1:15) (2:7) (3:2) (3:5) (3:13) (70:4) (71:5) (141:25) (142:4) (152:1) (176:20) (192:19) (194:5) thorpe (2:6) though (93:8) (128:20) (144:13) thought (18:15) (28:8) (48:23) (60:22) (91:15) (120:7) (129:16) th re e (10:8) (20:11) (79:3) (79:14) (81:13) (142:3) (145:10) (165:3) (191:2) (192:18) three-page (128:5) three-year (191:8) threshhold (15:2) (17:19) threshold (18:6) (18:14) (18:17) (18:23) (19:9) (24:21) (25:17) (36:5) (37:2) (59:21) (110:22) (111:21) (111:23) (112:6) (115:18) (118:4) (118:20) (124:9) (126:2) (126:25) (133:18) (135:18) (138:11) (138:19) (142:20) (144:8) (144:14) (144:16) (156:3) (192:4) thresholds (126:3) throughout (93:19) (159:17) (160:21) th ru st (45:3) th w art (89:23) till (16:5) tim es (4:25) (5:2) (39:9) (39:9) (39:12) (39:15) (53:16) (74:11) (89:21) (90:8) (144:16) (145:10) (181:24) tin y (89:19) SUPPOSED - TINY WORDINDEX (C) S ten o v a tio n s, Inc 1997 W hatley vs. Alcoa tire d (139:24) title (13:13) (146:4) title d (88:21) tlv (24:22) (29:24) (36:16) (63:25) (90:5) (97:16) (112:13) (115:10) (129:1) (129:2) (129:2) (129:4) (129:5) (139:8) (139:9) (141:10) (141:12) (145:15) (145:16) (145:21) (145:22) (155:23) (156:10) tlv 's (38:11) (115:24) (128:20) (134:2) (136:17) (138:3) (138:25) (139:5) (139:18) (140:6) (140:13) (141:17) today (9:12) (10:3) (10:17) (26:14) (33:1) (33:25) (34:17) (34:18) (34:20) (34:23) (49:5) (53:15) (54:9) (75:10) (75:12) (77:6) (104:15) (119:8) (133:22) (141:22) (151:19) (163:14) (180:10) (184:10) today's (78:15) to g e th e r (15:3) (71:23) tom (161:18) (176:12) to n e (156:18) took (28:9) (58:8) (65:13) (109:22) (151:10) (174:22) top (58:6) (122:13) (124:15) to ta l (14:24) (27:4) (54:21) (63:21) (103:24) (165:5) to ta lity (175:19) to to (36:17) touch (185:12) tough (41:16) tow ard (79:18) (79:20) toxic (28:6) (28:22) (28:24) (29:3) (29:4) (29:4) (29:13) (29:18) (29:22) (30:7) (112:11) (130:23) (131:11) (188:9) toxicity (29:1) (29:7) (29:10) toxicological (185:25) toxicologist (186:1) toxicology (17:13) tra c ed (190:5) tra d e (88:18) tra d e s (164:7) tra in in g (7:25) (12:25) (55:1) (65:23) (74:14) tran scrib ed (194:8) tra n scrip t (192:23) tra n scrip tio n (194:8) tra n sitio n (133:3) tra v e l (27:13) tread ed (162:24) trem endously (175:6) trie d (168:18) trip le ts (107:2) trip s (41:13) (150:1) trough (180:23) (186:21) tru e (20:21) (100:12) (101:10) (104:12) (134:11) tru ly (159:1) tru th (194:6) (194:6) (194:6) tum or (165:6) tum ors (165:3) *V tu rn ed (99:9) tw ice (114:18) (124:9) (124:12) (124:19) tw in (59:15) tw ins (107:3) tw o (5:2) (5:4) (41:14) (53:7) (57:22) (57:23) (58:13) Thom as B. Bonney; F e b ru ary 25,1998 (59:18) (59:24) (71:4) (88:8) (103:10) (104:5) (107:3) (119:5) (121:10) (121:15) (122:20) (141:24) (145:9) (166:22) (172:12) (174:8) (174:16) (174:17) (191:11) tw o-page (96:13) (154:14) tw ofold (124:14) types (34:5) (60:12) (68:7) (78:12) uh-huh (174:6) uncom bined (173:22) u n d er (25:10) (25:12) (38:23) (46:8) (51:3) (51:6) (112:6) (184:14) undersigned (1:17) u n d erstan d (4:16) (4:21) (7:17) (19:3) (24:23) (37:19) (37:25) (39:5) (39:18) (45:1) (47:22) (48:6) (49:10) (53:4) (73:1) (91:8) (107:1) (109:12) (137:16) (138:21) (148:25) (149:24) (170:12) (191:6) (191:7) u n d erstan d ab le (157:12) (158:8) u n d erstan d in g (22:15) (33:17) (37:11) (57:18) (131:9) (149:22) (150:13) (170:7) understood (11:9) (18:5) (30:17) (40:10) u n d ertak e (97:1) u n eth ical (108:16) unexpectedly (165:10) u n fo rtu n ate (157:10) u n fo rtu n ately (152:16) unhappy (91:6) u n in tellig ib le (113:13) union (76:11) (76:14) union's (76:5) u n ited (58:14) (59:3) un iv ersity (12:20) (13:4) (106:21) unknow n (8:4) unless (15:16) (26:5) (80:15) (113:23) (162:21) unresponsive (49:18) unsafe (127:17) u n til (14:8) (15:12) (26:16) (27:22) (51:23) (54:9) (70:8) (77:19) (80:24) (81:9) (82:10) (82:11) (86:7) (99:14) (102:6) (102:11) (105:14) (107:14) (134:21) (144:1) (148:1) (155:14) (180:7) unusual (188:8) upon (8:11) (56:4) (74:16) (96:19) (101:25) (110:11) (133:18) (179:1) (191:15) u rban (64:6) (64:11) use (5:9) (19:2) (36:17) (39:15) (55:13) (83:15) (97:3) (97:23) (100:14) (125:1) (130:23) (131:11) (135:18) (161:8) (183:2) (186:21) useful (7:4) (7:6) uses (105:7) using (100:15) (138:3) (167:18) (180:6) (190:22) usually (191:24) u tilize (27:17) u tilizing (150:25) ============== v =============== vacation (107:19) vague (8:20) valid (132:16) value (24:21) (63:20) (124:10) (126:25) (133:18) Thom as B. Bonney; F ebruary 25,1998 W hatley vs. Alcoa ' (138:20) (142:20) (142:23) (144:8) (144:16) (155:24) (156:2) (156:4) (156:14) (156:16) (192:4) values (15:2) (17:20) (18:6) (18:15) (18:23) (19:4) (19:9) (19:20) (25:17) (36:5) (37:3) (59:22) (97:22) (110:22) (111:21) (112:6) (112:17) (115:19) (118:4) (127:22) (128:19) (128:19) (129:15) (135:18) (138:11) (144:14) vantage (26:21) v ariety (18:7) various (21:22) (22:17) (27:14) (33:2) (33:6) (37:13) varying (162:11) vastly (118:19) vein (29:2) velocity (122:12) v e n tila te (135:7) v e n tila tin g (135:6) v en tilatio n (60:18) (129:22) (129:24) (130:4) (159:24) (178:5) (178:11) (178:15) (179:24) ven tu red (172:23) vem on (119:25) (121:25) (121:25) (122:1) (122:7) (122:8) (123:19) (127:8) (127:21) (128:6) (128:7) (143:22) (152:2) (155:21) (195:7) (195:7) very (14:22) (15:6) (25:3) (35:6) (41:11) (52:3) (57:3) (57:3) (65:12) (83:4) (83:4) (84:10) (108:16) (119:10) (119:14) (120:20) (121:1) (121:1) (121:18) (130:9) (137:9) (137:23) (147:17) (153:18) (154:21) (157:8) (164:2) (164:5) (170:17) (174:23) vicinity (81:16) (132:4) (132:12) (133:14) (170:24) victim s (190:7) victo ria (2:20) videographer (3:1) (52:16) (52:19) (70:3) (71:4) (141:24) (142:3) (192:18) view (43:3) (78:11) (142:19) (192:4) view points (106:11) vintage (72:4) v iolated (118:4) violatin g (41:21) violation (145:3) v irtue (25:16) visible (80:2) (80:7) (80:22) (89:22) visit (41:16) (99:9) (122:6) (123:19) (195:7) (195:7) visited (122:8) visits (149:1) visualize (89:18) volum e (88:17) v=o=lu=m=e=s=(5=7:=22=)=====W============= w agner (63:10) (86:7) Wagner's (63:14) w ait (47:3) (77:19) (121:21) (183:25) w alked (148:6) w alker (2:18) (2:18) (6:11) (9:15) (17:2) (17:4) (19:11) (26:4) (29:14) (30:9) (31:19) (36:7) (36:13) (37:5) (38:20) (40:25) (42:9) (43:6) (43:10) (44:21) (45:9) (45:12) (46:11) (46:20) (47:8) (47:14) (49:21) (49:24) (50:25) (51:7) (51:15) (52:6) (52:12) (53:7) (58:6) (60:8) (60:10) (62:9) (67:14) (70:2) (74:4) (74:8) (77:21) (77:25) (79:17) (81:1) (90:11) (90:24) (91:10) (91:17) (92:2) (92:12) (98:3) (103:2) (105:17) (105:25) (108:9) (108:11) (108:20) (110:8) (113:4) (113:13) (113:25) (115:2) (117:19) (119:12) (119:18) (120:3) (120:7) (120:11) (120:24) (124:22) (125:7) (128:24) (129:18) (131:14) (137:15) (137:21) (140:19) (141:19) (143:5) (143:11) (148:14) (154:3) (160:10) (161:22) (161:25) (162:20) (166:11) (167:17) (167:23) (168:3) (168:11) (168:16) (168:20) (171:1) (171:10) (171:16) (171:21) (171:24) (172:6) (172:11) (172:21) (173:4) (177:8) (180:3) (182:12) (183:16) (183:23) (184:4) (184:11) (184:19) (184:25) (185:10) (190:20) (190:24) (192:7) w anted (99:1) (147:6) (147:8) (172:12) (185:10) w anting (192:16) w ants (126:21) (168:1) w ar (17:17) (25:25) w arran t (81:20) w arrick (176:12) (177:17) (179:18) w ashing (8:18) (35:13) (181:11) (181:18) w asn't (31:22) (56:9) (58:8) (101:6) (104:14) (106:2) (110:24) (154:24) (159:14) w aste (69:23) w ater (93:10) w aters (2:3) (2:4) (3:10) (6:13) (6:14) (9:14) (9:16) (17:3) (26:7) (29:15) (31:21) (36:12) (42:12) (43:13) (45:11) (49:23) (49:25) (51:17) (52:14) (52:21) (58:12) (60:9) (60:11) (62:11) (69:22) (71:7) (74:6) (77:23) (78:2) (78:4) (78:18) (79:23) (88:15) (90:21) (91:6) (91:15) (91:21) (91:24) (92:4) (92:18) (93:1) (93:5) (93:9) (95:10) (95:16) (95:19) (95:23) (102:13) (102:23) (103:5) (103:7) (103:25) (104:24) (105:9) (105:19) (106:3) (106:4) (106:14) (110:3) (112:2) (113:10) (113:14) (114:16) (115:4) (115:8) (115:16) (115:17) (116:24) (117:21) (119:15) (120:5) (120:10) (124:16) (126:18) (134:22) (138:22) (139:21) (141:21) (142:8) (148:16) (166:8) (166:10) (166:20) (168:1) (168:6) (168:14) (168:18) (169:1) (171:13) (171:19) (172:8) (172:25) (173:13) (173:15) (173:18) (174:6) (182:11) (183:25) (184:5) (184:18) (184:21) (185:4) (190:22) (192:9) (192:14) (192:24) (193:4) (195:2) we'll (9:22) (22:7) (58:12) w earing (45:14) Wednesday (1:13) week (77:20) (181:24) weeks (10:8) (119:7) (153:6) weigh (103:23) w eighted (125:2) (139:9) (143:10) (144:9) (155:22) w eird (60:19) welcome (180:5) w hatever (7:4) (37:25) (38:8) (38:18) (39:2) (40:11) (40:18) (44:7) (44:8) (44:19) (47:5) (61:12) (74:10) (106:1) (108:23) (130:6) (150:2) w hatley (1:4) (1:5) (7:21) (47:23) (48:11) w hatsoever (42:15) (51:4) w hereof (194:13) w herever (14:10) (48:20) (61:9) VALUE - WHEREVER WORD INDEX (C) S ten o v atio n s, Inc 1997 W hatley vs. Alcoa w h e th er (8:21) (38:16) (39:9) (40:23) (45:7) (51:9) (57:15) (60:23) (63:2) (68:15) (77:9) (80:10) (100:18) (113:8) (125:12) (125:12) (126:24) (129:1) (129:19) (135:19) (136:1) (141:1) (141:3) (150:21) (155:17) (157:23) (164:15) (170:9) (175:1) w h iteh ead (177:17) w hoever (94:23) w hole (143:6) (145:5) (157:19) (159:21) (194:6) w hose (35:13) (73:14) (73:15) (164:19) (188:2) (191:8) (191:9) w ife (181:10) w indow s (90:18) (131:22) w ire (195:11) w ish (109:10) (159:22) w ished (10:19) w ith d raw (90:23) w ith o u t (33:24) (98:2) (133:24) (138:24) (140:6) (171:12) w itness (1:15) (3:4) (3:6) (58:10) (137:23) (154:5) (161:24) (171:5) (183:19) (184:6) (184:9) (194:8) (194:13) w om an (191:11) won't (31:17) w onderful (60:19) w orded (74:25) w ords (109:6) (179:15) w ork (3:18) (8:7) (13:7) (14:24) (16:3) (22:24) (24:19) (27:13) (48:14) (48:21) (51:5) (57:7) (57:11) (61:1) (69:3) (69:6) (69:10) (69:14) (69:16) (80:2) (80:2) (83:10) (83:16) (84:9) (86:10) (89:5) (97:7) (118:3) (118:7) (123:25) (130:9) (140:1) (172:19) (179:21) w orked (4:4) (12:17) (21:21) (54:16) (90:2) (99:14) (107:16) (172:18) (188:2) (190:7) (191:10) (191:11) w orker (79:13) (191:4) w orkers (39:1) (48:5) (62:4) (62:15) (63:6) (66:6) (67:10) (75:13) (97:10) (101:21) (102:2) (102:18) (106:12) (111:10) (119:11) (120:20) (131:23) (132:2) (132:2) (132:4) (149:16) (164:7) (164:22) (165:16) (165:25) (176:2) (187:15) (187:20) (187:23) (189:25) (192:5) w orking (23:12) (26:25) (73:23) (74:18) (74:21) (93:19) (107:7) (146:9) (170:16) w orkm an's (181:9) (181:11) w orkplace (35:15) (36:21) (36:22) (37:12) (37:20) (38:2) (40:12) (40:18) (42:17) (50:6) (82:23) (87:18) (99:2) w orks (96:24) (97:4) (98:6) (99:19) (99:22) (100:16) (107:6) (121:25) (121:25) (122:1) (155:21) (180:23) w orld (25:25) (78:15) w orldw ide (72:9) w orries (159:11) w orry (160:8) (160:15) w orsened (31:14) (32:9) w ouldn't (29:16) (48:8) (48:14) (74:20) (79:6) (108:19) (125:14) (125:16) (126:1) (143:6) (145:7) (176:7) w rap (180:10) w rite r (171:11) T h o m as B. B onney; F e b ru a ry 25,1998 w rites (144:7) w ritin g (71:15) (179:15) w ritte n (6:9) (57:7) (60:12) (60:23) (67:23) (77:2) (77:7) (77:11) (77:12) (78:12) (143:12) w rong (74:2) w ro te (107:12) ------------ = = ---------= - Y - - = -------- = = - = = = - = y e ar (7:9) (12:13) (12:18) (28:13) (41:17) (181:22) (191:24) y ears (6:9) (8:17) (12:3) (16:4) (18:3) (20:9) (27:8) (27:9) (41:18) (55:10) (57:8) (65:8) (65:13) (68:2) (147:13) (178:17) (178:23) (191:10) yep (57:22) y e t (170:15) (178:6) (178:19) (179:23) york (11:25) (12:2) (12:10) yours (57:4) (185:19) y o u rself (20:5) (20:22) (28:4) (116:6) (152:1) (154:15) (155:20) (167:5) = = = = = = = = = = = = = = Z ----- = = = - - = = = = = = = zang (2:4)