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4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSElffOAN MAERTIN, et al. , vs. ARMSTRONG WORLD INDS., et al., ,1 Page 1 1 2 UNITED STATES DISTRICT COURT 3 FOR THE DISTRICT OF NEW JERSEY 4) 5 JOAN MAERTIN, Executrix of the ) 6 Estate of Lothar Maertin, JOAN ) 7 MAERTIN, individually and in her ) 8 own right, et al. ) D. Civil Action L-95-CV-02849 9 vs. ) 10 ARMSTRONG WORLD INDUSTRIES, INC.,) Simandle, USDJ Rosen, USMJ 11 vs. 72 MONSANTO COMPANY and AMERICAN ) ) 13 MINERALSPIRITS COMPANY ) 14 *****************) 15 THE DEPOSITION OF: 16 17 WILLIS S. CLARK 18 19 April 8th, 1998 20 21 Taken at: Fort Wayne Chamber of Commerce 22 23 A> i;4 25 826 Ewing Street Fort Wayne, IN 46802 REPORTED BY: Tracy L. Larimore, C.S.R. HARTOLDMON0006457 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. D1ST. CRT. DIST. OF NEW JERSEYJOAN MftERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., Page 2 1 APPEARANCES Page 4 1 PROCEEDINGS FOR THE PLAINTIFF: JOAN MAERTIN, et al.: 3 (Telephonically) BY: BRIAN O'CONNOR, ATTORNEY ADAM RADITZ, ATTORNEY 4 LOIS D'ALFONSO, LEGAL ASSISTANT Atrium II, Suite 101 5 300 Atrium Way Mt Laurel, NJ 08054 6 FOR THE DEFENDANT: ARMSTRONG WORLD INDUSTRIES: 7 BY: CRAIG F. TURAT, ATTORNEY 51 Haddonfield Road 8 Suite 340 Chary Hill, NJ 08002-4810 9 FOR THE DEFENDANT: MONSANTO COMPANY: 10 BY: RICHARD A. COUGHLIN, ATTORNEY Suite 1400 11 300 North Greene Street P.O.Box 21927 12 Greensboro, NC 27420 13 FOR THE DEFENDANT: AMERICAN MINERAL SPIRITS CO.: (Telephonically) BY: CAROLYN O'CONNOR, ATTORNEY 14 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER 15 Two Gateway Center Newark, NJ 07102-5311 16 17 18 19 20 21 22 23 74 2 (The deposition began at 3 1:00 o'clock p.m.) 4 WHEREUPON, 5 WILLIS S. CLARK, 6 Was called as a Witness by the 7 Defendant, and after having been first duly 8 sworn, was examined, and did testify as 9 follows: 10 DIRECT EXAMINATION 11 MR. TURAT: All right. Is everybody 12 ready? 13 MR. COUGHLIN: Yeah. I'm going to find 14 a pen. 15 BY MR. TURAT: 16 Q Okay. Good morning, Mr. Clark. I met you 17 just a moment ago. I'm Craig Turat. I here 18 representing Armstrong World Industries, who I'm 19 sure, as you know, is a defendant in this case. 20 Mr. Clark, have you been deposed before today? 21 A (Shakes head). 22 Q Okay. One thing, just as a reminder, you 23 have to say yes or no. 24 A No. No. No, I have not. 25 Q Okay. Okay. Well, I'm sure that Mr. Page 3 INDEX DIRECT EXAMINATION: By Mr. Turat............... Page 4 CROSS EXAMINATION By Ms. O'Connor............Page 96 CROSS EXAMINATION By Mr. O'Connor............Page 98 CROSS EXAMINATION By Mr. Coughlin............. Page 103 EXHIBITS Page(s) Clark Exhibit 1............... 39 Clark Exhibit 2............... 43,54 Clark Exhibit 3............... 45 Clark Exhibit 4............... 48 Clark Exhibit 5.................50,51 Clark Exhibit 6A...............51,52,54 Clark Exhibit 6B............... 51, 52, 59 Clark Exhibit 7............... 64 Clark Exhibit 8............... 67,73 Clark Exhibit 9............... 74 Clark Exhibit 10................78 Clark Exhibit 11................80 Clark Exhibit 12................83 Clark Exhibit 13................87 Clark Exhibit 14................89 Orem Exhibit 3.................. 56-58,63,73,87 Page 5 1 Coughlin has told you about the ground rules today, 2 but just to go over a few of them, I'll ask you a 3 series of questions. You'll be expected to answer as 4 completely as you can based on your memory. I'm not 5 asking you to speculate or to guess. If I ask a 6 question and you don't understand it or ifyou don't 7 hear it, by all means let me know and I'll be happy 8 to repeat it or rephrase it. But ifyou do answer a 9 question, that will indicate that you both heard the 10 question and understood it. Okay? 11 A Got it. 12 Q Also ifyou need a break at any time, just 13 let us know. We'll certainly accommodate you as long 14 as there's not a question outstanding on the table, 15 you'll have to answer it first and then we'll break. 16 The other thing, you understand the court reporter 17 across from me is taking down your testimony, in 18 writing, and that your transcript of this testimony 19 could be introduced at trial in the event you're not 20 able to be there? 21 A I understand. 22 Q And also, just to confirm, you understand 23 Mr. Clark, what PCB's are? 24 A Yes. 25 Q Just for the record, when I refer to PCB's, HARTOLDMONOOQ6458 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEWOAN MAERTIN, et al. , vs. ARMSTRONG WORLD INDS., et al , Page 6 Page 8 1 I'm referring to Polychlorinated Biphenyls. 1 A I think it would have been production 2 A Yes, I understand that. 2 supervisor for salicylic acid. 3 Q And also when I refer to Armstrong, I'm 3 Q Did salicylic acid, was it sold under a 4 referring to Armstrong Corp. Company or Armstrong 4 tradename? 5 World Industries, Inc., as it's known today. Also 5 A No. It's an intermediate for aspirin. 6 with regard to American Mineral Spirits Company, that 6 It's one of the raw materials for making aspirin. 7 is a third party defendant in this case, will you 7 MS. O'CONNOR: Excuse me, Craig, he is 8 understand if I use the acronym Amsco? 8 fading again. 9 A Sure. 9 THE WITNESS: I'm sorry. I'lljust 10 Q Mr. Clark, just briefly, can you give me 10 have to speak right directly at the 11 your educational background? 11 telephone. Is this better? 12 A I have a degree in chemical engineering 12 MS. O'CONNOR: That's better. 13 from Cornell University, 1961. I have a MBA from St. 13 MR. TURAT: One of the problems we're 14 Louis University, which I received in about 1968. 14 having is the telephone does not reach the 15 MS. O'CONNOR: Mr. Clark, the test was 15 table, so it's propped on chairs close to 16 great. All of sudden you dropped off again. 16 the table. And we're doing the best we can. 17 THE WITNESS: I'm sorry. 17 Let us know ifyou have any trouble hearing. 18 MS. O'CONNOR: That's okay. 18 THE WITNESS: I'll move a little 19 THE WITNESS: Cornell University, 19 closer. 20 Bachelor of Chemical Engineering in 1 % 1 20 BY MR TURAT: 21 with a MBA from St. Louis University in 1967 21 Q Okay. And which plant did you work in 22 or '68. I guess I got the degree in '68. 22 while you were production supervisor on salicylic 23 BY MR. TURAT: 23 acid? 24 Q And are you employed today? 24 A The John F. Queenie plant through 1970, end 75 A No. 25 of 1970. Page 7 1 Q Are you retired? 2 A Yes. 3 Q Okay. Did you work between the time you 4 got your Bachelors Degree in 1961 and the time you 5 got your MBA in '67 or '68? 6 A Yes, I did. 7 Q Where were you employed then? 8 A First two years I was employed with the US 9 Navy. Following that I was employed by Monsanto. 10 Q So beginning in about sixty -- 11 A '3. 12 Q '63? 13 A Yes. 14 Q And what was the first position you held 15 with Monsanto? 16 A I was a plant engineer in the technical 17 services department at the John F. Queenie plant in 18 St. Louis. 19 Q And how long did you remain as a plant 20 engineer in the tech services department? 21 A About twelve years. 22 Q So until roughly 1965? .3 A Something like that. 24 Q Okay. And what was the position you next 25 assumed with Monsanto in 1965? Page 9 1 Q Okay. Were you a production supervisor in 2 1965 to 1970? 3 A No. Then I was a, I had a supervisory role 4 in plant renewal. 5 Q What does that mean? 6 A It means we had a variety of problems with 7 the, couple of our departments being obsolete and it 8 was deemed that it took more than just minor 9 improvements to get ourselves competitive. So they 10 had a major renewal program to update several of the 11 departments in the plant. 12 Q And were you taking courses towards your 13 MBA during this period? 14 A Yes, I was. I got that at night. 15 Q Okay. When did you become supervisor with 16 regards to the plant renewal project? 17 A My guess is it must have been around 1967, 18 something around that, '68. 19 Q And did that continue through until 1970? 20 A I'm trying to think whether there was 21 anything else that I did before I left the plant. I 22 think right prior to leaving the plant, I had 23 responsibility also for some work with the aspirin 24 department, some quality control things with the 25 aspirin department. And it was some sort of a HARTOLDMONOOQ6459 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., Page 10 Page 12 1 combined supervisory role. But I really don't 1 somewhere else? 2 remember all of the exact organizational details. 2 A No. It was in the general offices. 3 Q And just to clarify, during the time that 3 Q How about when you were product manager for 4 you worked at the Queenie plant, 1963 to roughly 4 the sorbic acid? 5 1970, were any PCB products manufactured at the 5 A That was St. Louis. 6 Queenie plant to your knowledge? 6 Q At the headquarters or one of the plants? 7 A No, I don't think anything was manufactured 7 A At the headquarters. 8 --no. No, not manufactured. 8 Q And how about director of planning and 9 Q And the Queenie plant is distinct from the 9 control? 10 Kremrick (sic) plant? 10 A That was also at the headquarters office. 11 A Yes, the Kremrick plant is on the east side 11 Q All right. So that's 1977 until when? 12 of the river and the Queenie plant is on the west 12 A 1977,1 moved to Fort Wayne in February of 13 side of the river. 13 1978. 14 Q And what position did you assume in 1970? 14 Q Were you still employed by Monsanto at that 15 A I went into the marketing organization, in 15 time? 16 Plasticizers as a product - you know, I don't really 16 A No. I left Monsanto and came here employed 17 remember whether 1 was called a product manager or 17 by Central Soya. 18 product supervisor, but in that kind of a 18 Q Soil? 19 responsibility, let's say product manager. 19 A Soya, S-O-Y-A. It's a soybean processing 20 Q Okay. And that began in 1970? 20 company. 21 A It began in early 1970, something like 21 Q Was there another employee of Monsanto that 22 April, 1970. 22 left to join Central Soya? 23 Q And how long did you remain as product 23 A Yeah. Right prior to my leaving by about a 24 manager or product supervisor? 24 year an a half, a guy name Sheribett (sic) moved, and '*5 A My recollection is it was something like, 25 Joe Gillespie. Those are the only two I know of. Page 11 1 oh, two and a halfyears. 2 Q So that would have been until roughly late 3 1972? 4 A Or, yeah, late 72, early '73. 5 Q Okay. 6 A My wife would be able to give you more 7 exact dates because when I left there we moved to 8 Chicago. I was a regional manager or regional sales 9 manager in Chicago for a couple ofyears. 10 Q That's roughly 1973 to '75? 11 A Roughly that. 12 Q And what did you do after your service in 13 Chicago as a regional sales manager? 14 A I came back and was a project manager for a 15 major sorbic acid production operation, responsible 16 for the design and construction, early marketing of a 17 new product for Monsanto called sorbic acid. 18 Q And did that begin in 1975-ish? 19 A Roughly 75, to roughly 1977, when I became 20 a director of planning and control for the, I guess 21 it was the industrial chemicals division. 72 Q By the way, when you were a product manager .3 or product supervisor, were you based in St. Louis? 24 A Yes. 25 Q Was that at the Queenie plant or was that Page 13 1 Q And have you worked for Monsanto at any 2 time since 1978? 3 A No. 4 Q Okay. All right. 5 A No. 6 Q I'm sorry? 7 A Repeated no for the telephone. You guys 8 hearing me okay? 9 MS. O'CONNOR: I'm okay. Lois, okay? 10 MS. D'ALFONSO: Okay. 11 BY MR. TURAT: 12 Q All right. Going back to the time when you 13 joined the marketing Plasticizers department, can you 14 tell me a little bit about what yourjob 15 responsibilities were as products manager? Or how 16 about ifI call it product manager, and we understand 17 that that may or may not be the exact title. 18 A Yeah, and I really don't remember. I think 19 it was product manager, actually. Myjobwasto 20 remove PCB based plasticizers. And for that matter 21 PCT based Plasticizers from the market. 22 Q How did you come to move over to the 23 marketing department? 24 A Well, I got an MBA in 19681 didn't want to 25 be in manufacturing for the rest ofmy life. I HARTOLDMON0006460 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEVJOAN MAERTIN, et al. ,f vv s*- . ARMwSTa RONGw Wn vOnRuLtD/ INDS., et al., Page 14 Page 16 1 started making noises like I wanted to be out of 1 BY MR. TURAT: 2 manufacturing into something else, and this 2 Q Let me rephrase it. Was there a particular 3 opportunity came up. 3 product or group of products for which you were 4 Q Did you have to interview for that 4 responsible when you became product manager? 5 position? 5 A Yes. 6 A Sure. 6 Q Okay. Can you tell me specifically what 7 Q Who became your boss at that point? 7 the product or products were? 8 A Guy named Waychoff, I believe. 8 A They were all the PCB products, all the PCT 9 Q Walter Waychoff? 9 products, plus Phosgard, which is a chlorinated 10 A Walter Waychoff, yeah. 10 phosphorous material. 11 Q As of the time you came over in -- April of 11 Q Did part ofyour responsibilities include 12 1970, is that right? 12 phasing Phosgard out as well? 13 A Well, I think it was about April. It was. 13 A No. 14 ifyou went back to 1970 and found out when Earth Day 14 Q I think I may have side tracked you from 15 was, it was that day. It was somewhat ironic that 15 the description of what your specific job 16 was the day that I moved to marketing not to sell 16 responsibilities included as product manager. You 17 stuff, but to take it off the market for 17 told me globally that it was overall responsibility 18 environmental reasons. I mean, it was kind of odd. 18 for implementing the removal of PCB and PCT from the 19 Q Did you have to go through any training to 19 market. Can you tell me more specifically what your 20 become product manager? 20 responsibilities were? 21 A Modest amounts of training. It was all 21 MR. COUGHLIN: I object to the form. 22 done between me and Mr. Waychoff. 22 I'm not sure that's what he said. 23 Q Did you have any meetings with Mr. 23 BY MR. TURAT: 24 Papageorge as part of your training for the manager 24 Q Was that an accurate description of what 25 position? 25 your overall responsibilities were as product Page 15 1 A No, I don't think so. fm trying to 2 remember specifically what his responsibilities were. 3 I remember the name and remember what he looks like. 4 and I can't remember what he did. It's only 5 twenty-eight years ago. 6 Q Now, when we talk about products manager. 7 are we talking about the product being all those 8 products that included or consisted of PCB's? 9 A The products -- I'm sorry. 10 Q Did you hear the whole question? It's 11 important for the court reporter pick up the complete 12 sentence and answer. 13 MR. COUGHLIN: And I would object to 14 the form ofthat question. So you want to 15 allow him to finish the question also and 16 allow me the opportunity to object to the 17 form of the question if there is, if I have 18 an objection. 19 BY MR. TURAT: 20 Q Do you remember what the question was? 21 A No. 22 Q Okay. 23 MR. TURAT: Could you read it back? 24 (WHEREUPON, the last question was 25 read back to counsel.) Page 17 1 manager? 2 A Can I just restate what my responsibilities 3 were? 4 Q Absolutely. 5 A I was responsible for removing PCB and PCT 6 based Plasticizers or we should say PCB and PCT based 7 products from the market. 8 Q Now, when you first became product manager 9 in early 1970, had the decision been made to remove 10 PCB based products from the market? 11 A Yes. 12 Q Had the decision also been made to remove 13 PCT products from the market? 14 A Yes. 15 Q As of roughly April of 1970? 16 A (Witness nods). 17 MR. COUGHLIN: You need to give a 18 verbal response. 19 THE WITNESS: Yes, I'm sorry. I 20 thought I did. 21 MR. COUGHLIN: No, you just nodded your 22 head. It's okay. 23 THE WITNESS: Yes. Yes. Both of those 24 questions. 25 BY MR. TURAT: HARTOLDMONOOQ6461 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al. , Page 18 Page 20 1 Q Now, how did you know how to go about 1 A Well, PCB's are, were components of end 2 implementing these withdrawals from the market when 2 products for very specific reasons. Characteristics 3 you came into this new position? 3 of the PCB's made them good Plasticizers or good 4 A By talking to my boss, by talking to other 4 components. If you take those products, if you take 5 product managers, by gaining, through many 5 the PCB's away, take them out of the end product, you 6 conversations and understanding what the products 6 change the end product. And so you have to figure 7 were, and what they did, and what the problems would 7 out what you can do to restore the quality that you 8 be in withdrawing them from the market. 8 need in the end product. 9 Q Let's take each of those separately. How 9 Q So you're talking about the customer's 10 did you go about learning what the products were? 10 products who -- 11 A Reading the literature, talking to some of 11 A Yes. 12 the other product managers in the Plasticizers area, 12 Q Was there any other sources of information 13 talking to my boss, talking to research people. 13 that you can remember, other than speaking to 14 Q Who are the other product managers that you 14 Mr. WaychofF, speaking to other product managers, 15 remember speaking with to learn about the PCB 15 speaking to other researchers at Monsanto and reading 16 products? 16 the technical bulletins or other literature that were 17 A Fred Sutton was one of them, and a fellow 17 out there? 18 named, I can't remember. I can't remember his name. 18 A No. I'll also tell you that I can't 19 Maybe it will come to me while we're talking about, 19 imagine, and 1 spent many hours and long hours, I 20 there was one other guy who had been in this area 20 can't imagine that I could come up with all the 21 that was helpful indoctrinating me about these 21 actual places that I came up with information about 22 things. 22 PCB's because I studied it. But, you know, you've 23 Q What kinds of literature was this that you 23 got the essence of where I got my information. 24 read to leam about the products? 24 Q Did you speak with Dr. Kelly or with Elmer 25 A We had some standard product line 25 Wheeler at all from the medical department? Page 19 1 literature that says, "This is what the products are, 2 this is chemically what they are, this is some of the 3 characteristics of the products, this is where the 4 products go." 5 Q Like technical bulletins for example? 6 A Yeah. 7 Q Okay. You also mention -- 8 A Yes. 9 Q You also mentioned that you talked to 10 researchers to leam about the products as well? 11 A Yes. 12 Q Which researchers did you speak with that 13 you remember? 14 A Well, I wouldn't have been able to come up 15 with -- let's see. There were probably two or three, 16 the only name that I can, I can come up with is Al 17 Morgan. But I know there were others. But I just 18 don't remember the people. 19 Q Okay. And did you also leam from these 20 same, you know, pieces of literature and these same 21 people what PCB's were used for? 22 A Yes. .3 Q And what was your understanding of, I think 24 you referred to a moment ago as what the problems 25 would be. Can you explain what you meant by that? Page 21 1 A Elmer Wheeler is a familiar name. I'm sure 2 I had conversations with him at some time during my 3 time at Monsanto, but I don't recall any specific 4 conversations with him about PCB's. 5 Q Was there already a plan in place to 6 withdraw the PCB's from the market or was that to be 7 your job to develop that? 8 A It was to be my job to develop the plan and 9 to implement it. My recollection is the only thing 10 that was in place when I arrived was the commitment 11 to take the product off the market. 12 Q And by whom had that commitment been made 13 as you understood it? 14 A Well, you know, I don't really know. But I 15 will tell you that PCB's were a product that had been 16 in the product line for a long time. They were very 17 profitable products and the decision could not have 18 been made without being at the highest levels in 19 Monsanto. Now as a new product manager, I wasn't 20 privy to any of that. But I'm sure that must have 21 been the case. Mr. Waychoffcould not make that 22 decision. 23 Q This was a corporate level decision? 24 A Yes. I'm sure it was. 25 Q Did you look to withdrawals of any other L HARTOLDMONOOQ6462 4/18/98 WILLIS S. CLARK NO.:L-95-CV--02849 U.S. DIST. CRT., DIST. OF NEW JERSETflOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., Page 22 1 products, the way in which those withdrawals were 1 BY MR. TURAT: Page 24 2 implemented to develop a plan? 3 A No. 2 Q Yes. And actually before you answer that 3 question, let me give one more clarification just 4 Q What did you decide to do first, again in 5 furtherance of the withdrawal off the market? 6 A Well, I think I had a little guidance along 4 from the outset. I'm going to refer to Aroclors 5 throughout this deposition, and when I do that. I'm 6 really intending to refer to those that consist of or 7 that line. I'm sure one of the early things we did 8 and I don't remember the time on it, is some sort of 7 include or PCB's. I understand there are Aroclors 8 that do not. Otherwise I'd have to add a whole 9 customer notification that says, "We're going to do 10 this." 9 clause each time before I ask the question. 10 A Okay. My recollection of this process was 11 Q You recall -- do you remember a letter or 12 series of letters that actually went out to customers 13 telling them -- 14 A I15 Q Again let me finish, just so the record is 16 clear. Notifying them that PCB's were to be 11 that it was done on a very tight time table. We did 12 not spend a year developing a plan, developing 13 alternatives, developing other formulations, 14 alternative formulations for customers because we . 15 wanted to do this quickly. 16 And so therefore we notified customers 17 withdrawn from the market? 18 MR. COUGHLIN: Object to the form in 19 terms of the market. 20 BY MR. TURAT: 17 and we responded to their needs. And so if you 18 notify a customer that says, "We're taking this out, 19 off the market," their first question is, "What are 20 you going to replace it with?" And then we tried to 21 Q From the market as Plasticizers? 22 A I remember that we sent some things out, 23 but exactly what we sent out I don't remember. I 24 mean - 21 give them an answer. 22 Q Do you remember any of the specific steps, 23 other than customer notifications, I mean if I'm24 A Lot of telephone conversations with a lot 25 Q Do you remember whether you personally 25 of customers. And then a lot of conversations with Page 23 1 drafted the letter, if there was one, that went out 2 to the customers? 3 A No, I don't. I don't. 4 Q Do you remember anything further about the 5 process by which a letter was drafted, for example 6 who had input to communications that went out to 7 customers about the withdrawal of PCB's from the 8 market as Plasticizers? 9 A I can't -- I'm sorry, I can't give you a 10 specific answer on that. I could speculate for you, 11 but I can't give you a specific answer. I'll remind 12 you that I was a chemical engineer coming out of a 13 plant environment, new in marketing with people who 14 had been in marketing and sales for a long time. The 15 chances of them letting me just do what I want 16 without any review is slim. Very profitable 17 products, very important relationships with 18 customers. 19 Q Other than the customer notification letter 20 or letters, what were the other steps that you 21 remember of the withdrawal from the market as 22 plasticizers plan? 23 MR COUGHLIN: You're referring to PCB 24 Aroclors? 25 Page 25 1 our applications research people, people like Al 2 Morgan. 3 Q And those are with regard to finding 4 substitute products? 5 A Yes. 6 Q Mr. Clark, what is your understanding -- 7 let me rephrase that. What was your understanding as 8 of the time you came on as product manager about why 9 PCB products were being withdrawn from the market as 10 Plasticizers? 11 A It was my understanding that some, some 12 time just prior to that, you know, which would have 13 to be like, and I don't have an exact date, but I 14 would guess you know some time, well say mid 1969, 15 it became clear as a result of some technical 16 breakthroughs in the analytical field that some 17 products with aromatic carbon chlorine bonds were 18 being found be in the environment, in places where 19 you would not expect them to be found. Specifically, 20 products that resembled DDT and PCB. 21 Q What were the places -- oh. I'm sorry. Had 22 you finished your answer? 23 A Go ahead. That's fine. That was a good 24 question though. 25 Q What are the places you are saying that you HARTOLDMONOOQ6463 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., VS. ARMSTRONG WORLD INDS, et al., Page 26 1 wouldn't expect to find them that they were being 1 A Yes, it was. Page 28 2 found? 2 MR. O'CONNOR: Craig, if I can 3 A In the lipid tissue of fish. In birds of 4 prey, like Peregrine Falcons and Bald Eagles. And at 3 interrupt you -- 4 MR. TURAT: Yes. 5 that point, in early 1970, it was, had been concluded 5 MR. O'CONNOR: This is Brian O'Connor. 6 that these kinds of products inhibited the calcium 7 metabolism in birds, like the Peregrine Falcon and 6 I'm not having a problem with the witness, 7 but I am having a little bit of a problem 8 the Bald Eagle, and were causing the decline in the 8 with your questions. I'm catching half of 9 population of these birds. That was the 10 environmental problem which was identified and which, 9 it and 10 MR. TURAT: Okay. I'm sorry. I've not 11 as I understand it, caused Monsanto to remove these 11 been careful about speaking directly into 12 products from the market place. 13 Q Other than the concerns that Monsanto had 14 about the environmental pollution, were there any 12 the phone. 13 MR. O'CONNOR: Okay. Thanks. 14 BY MR. TURAT: 15 other factors, that you are aware, that contributed 15 Q Okay. Mr. Clark, was there anything 16 to the decision to withdraw the PCB products from the 16 additional that you did to learn about the PCT 17 market as Plasticizers? 17 Plasticizer products? 18 A Not that I know of. 18 A No. I'd say it was the same process. 19 Q Were there any -- withdraw that. Do you 19 Q Were there technical bulletins that related 20 remember as you sit here today when the PCB products 20 to those products as well? 21 were actually withdrawn from the market as 21 A My recollection is that we had a technical 22 Plasticizers? 23 A I can't give you a firm date. It was 22 bulletin that probably covered all of the Aroclors, 23 sort of a general bulletin. We may have also had a 24 quickly. And I would say probably about six months 24 couple ones that dealt with specific Aroclor 25 after I started, we had, we quit selling it. 25 products. Page 27 1 Q Do you recall whether there were any 2 significant exceptions to the cut off by which PCB's 3 were to be withdrawn from the market as Plasticizers? 4 A No, I don't. 5 Q Do you remember ifNCR was able to purchase 6 PCB products after the deadline for use as 7 carbonless, in carbonless copy paper? 8 A I remember that NCR had a particularly 9 difficult problem in that conversion. What I don't 10 know is, you know, really when they quit vising it 11 because I don't know what kind of inventories they 12 would have had and -- I do know that NCR was one of 13 our major customers and we worked very hard with them 14 to come up with alternatives. And I know they were 15 under the same pressures and the same deadlines. But 16 what I can't tell you, what I don't recall is, you 17 know, any specifics about exactly when did we cut off 18 the last shipment to NCR. 19 Q Do you recall whether the PCT Plasticizers 20 were withdrawn from the market as Plasticizers at the 21 same time? 22 A It's my recollection they were. 13 Q And was it also your responsibility to 24 develop a plan to withdraw those products from the 25 market? Page 29 1 Q Okay. And were the product managers that 2 you spoke to the same people or different people than 3 you had spoke to about the PCB Plasticizers? 4 A They were the same ones. 5 Q And how about the application researchers? 6 A Same ones. 7 Q Let me shift gears for a moment, Mr. Clark. 8 In your various capacities as an employee of 9 Monsanto, did you have occasion to correspond with 10 anybody from Armstrong? 11 A I do not recall any correspondence with 12 Armstrong. That's, I mean, I don't recall a lot 13 of -- I don't recall any correspondence with a lot of 14 companies. But Armstrong was a little bit of a 15 special case in as much as it was a very important 16 account. It was handled by people other than me. 17 And I had no contact with the people at Armstrong. I 18 never called on them. I don't think I ever had a 19 phone conversation with any of them. 20 Q Do you have any recollection of ever 21 travelling to the Armstrong facilities? 22 A I did not travel to any of the Armstrong 23 facilities. 24 Q Do you recall any of the people from 25 Armstrong coming to the Monsanto facilities? HARTOLDMONOOQ6464 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al , Page 30 Page 32 1 A No, I do not. 1 I'm trying to think of the sales manager at that 2 Q Now you mentioned it was a very important 2 time. I can't think of his name. Steve somebody, 3 account. What is your understanding of what made it 3 who was a sales, the director of sales while I was 4 a very important account? 4 there. And he would have been the primary person to 5 A They bought a lot of Plasticizers from us. 5 have responsibility for the distributors. Of course, 6 Q And do you know what the Plasticizers were 6 there was, underneath him was a regional manager, who 7 that Armstrong purchased in large quantities? 7 worked with distributors, and underneath them would 8 A I can't give you specifics on that. I 8 be salesmen who worked with distributors. 9 could tell you that I'm certain that the largest 9 Q Are you thinking of Walter Schalk by any 10 quantities that were purchased were not PCB based 10 chance? 11 products. 11 A Walter Schalk was the director of 12 Q Were they PCT based products? 12 marketing, as I recall. He was over everything that 13 A No. No. 13 had to do with marketing and sales for the 14 Q Now, I believe you also mentioned that 14 Plasticizers division. 15 there were others at Monsanto who, other than 15 Q Was he Mr. Waychoffs boss? 16 yourself, who had responsibility for the Armstrong 16 A I believe he was, yes. 17 account. Who are the people that you remember from 17 Q Now Mr. Clark, do you recall ever 18 Monsanto that had responsibility for the Armstrong 18 participating in training sessions for Amsco 19 account? 19 employees with regard to Monsanto products? 20 A The primary person was Fred Sutton. 20 A No. 21 MR. O'CONNOR: I'm sorry. Could you 21 Q Do you remember that there were such 22 repeat that, please? 22 training sessions? 23 THE WITNESS: The primary person was 23 A There must have been, but I did not 24 Fred Sutton. 24 participate in them. 25 MR. O'CONNOR: Thank you. 25 Q Did you participate in training sessions Page 31 1 BY MR. TURAT: 2 Q Are we talking about the time period when 3 you were in the marketing department, 1970 -- I don't 4 have the dates in front of me. 5 A 1970 to 1972. That's correct. And Ido 6 not know who was in charge of that account before or 7 after. 8 Q Mr. Clark, also in your various capacities 9 with Monsanto, did you have occasion to communicate 10 with Amsco? 11 A Yes, a little bit. The primary 12 responsibility for communicating with Amsco would 13 have been through the regional sales manager since 14 they were a distributor. 15 Q Are there any, in particular, that stand 16 out in your mind, as having responsibility for the 17 Amsco account? 18 A No. 19 Q Are there any people that stand out in your 20 mind who, as Monsanto employees, had specific 21 responsibility for distributors ofMonsanto's 22 products? 13 A The responsibility for the distributors was 24 in the sales force some place, dominantly in the 25 sales force as opposed to with the product managers. Page 33 1 for anybody, any entity with regard to Monsanto 2 Plasticizer products? 3 A The sales force. 4 Q So these were within Monsanto training? 5 A Yes. Yes. 6 Q Is that as part of Darby College? Is that 7 a term you're familiar with? 8 MR. COUGHLIN: I object to the form. 9 I'm not sure which question is pending. 10 BY MR. TURAT: 11 Q Okay. Let me ask you first, do you know 12 what Darby College was? 13 A It seems like that was a program that was 14 sponsored or put together or designed by Joe Darby 15 who was in research organization that was designed to 16 be the primary technical training for sales people. 17 Q And the other question was, did you ever 18 participate in Darby College, either as a student or 19 as a teacher? 20 A Well, I think that as I came on board as a 21 new product manager, I must have had some 22 conversations with Joe Darby and his people about 23 Plasticizers and what they do and how they worked and 24 all of that as part of my training. I mentioned I 25 talked with some of the research people that, and I HARTOLDMONOOQ6465 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., Page 34 Page 36 1 had forgotten about Darby College. 1 through them. And I must have had some conversation 2 Q What training do you remember that you did 2 with them. But, you know, the primary communication 3 participate in to train Monsanto sales people? 3 in that should have been between me and the salesman 4 A I don't, I'm sorry. I can't come up with 4 and then the salesman with Amsco. That's the way the 5 specific events, you know, I sat down and did the 5 communication should have gone. 6 following things with the sales department on such 6 Q Now as the withdrawal of the PCB 7 and such date or did this kind of training. There 7 Plasticizers was implemented, did you have occasion 8 were some, there are some very general things that 8 to meet with any individual customers to discuss the 9 you would tell a sales force about PCB's, as opposed 9 withdrawal of those PCB products? 10 to other Plasticizers or as opposed to alternative 10 A I did an awful lot of this on the phone. 11 PCB's, things that say, "These are product 11 But, yes, I did do some of it on the phone, some 12 characteristics." I must have participated in that 12 calls on accounts. 13 kind of training. But I don't have a recollection of 13 Q Do you remember customersthat expressed 14 it. 14 difficulty in finding a replacement? 15 Q Do you remember whether there were prepared 15 A Oh, sure. 16 training materials for sales people with regard to 16 Q A replacementfor the PCB products they had 17 Plasticizer products manufacturing and -- 17 been using before? 18 A I think there were. As far as --I'm 18 A Yep. Yes. 19 sorry. The question was were there prepared sales 19 Q Do you remember any specific instances, 20 training materials for replacement of PCB's with 20 without giving me the customer name, instances of 21 other Plasticizers? 21 applications that were hard to replace? You 22 Q No. The question was, were there prepared 22 mentioned NCR already. 23 training materials for Monsanto salesmen as to 23 A One of the most, yes, one of the most 24 Monsanto Plasticizer products? 24 difficult ones, and I don't have a lot of these, 25 A Yes. 25 maybe two I can think of, was a call I got one day Page 35 1 Q Is that something more than the technical 2 bulletins to which you referred before? 3 A No. 4 Q Do you remember there being any sort of a 5 salesmen's training manual with regard to sales 6 practices? 7 A I don't recall any sales training manual 8 that had to do with sales practices. You mean like, 9 are you asking like, "fill in your expense reports on 10 time," and, "don't drink at lunch," and those kinds 11 of practices? Is that what you're talking about? 12 Q Could be that or could be broader than 13 that. Could include substance as well. I don't want 14 to lead you to any particular-- 15 A I don't recall a manual like that. 16 Q Nowjust to round out what you said before, 17 you mentioned that you had a little bit of 18 communication with Amsco over time. What 19 communications do you remember with Amsco? 20 A Well Amsco is our east coast distributor as 21 I recall. And I really don't recall any specific 22 conversations. I don't recall any specific :3 conversations with Amsco regional managers. I can't 24 place any ofthem in my mind as to who they were. 25 But I know we sold a certain amount of product Page 37 1 from NASA saying they were using 1254, Aroclor 1254 2 along with graphite as a screw lubricant in oxygen 3 rich environment on the space shuttle, not shuttle, 4 space orbiter, whatever it was in 1972. And that 5 this was the only product which would work in this 6 oxygen rich environment and that we were not going to 7 shut down NASA by withdrawing the product. And I 8 told them we would sell them one drum of Aroclor 1254 9 and that was it. 10 Q Were there any instances, other than that 11 one, that you can remember? 12 A 1 can remember a guy that called and told 13 me that he was using Aroclor 5460, a terphenyl, 14 T-E-R-P-H-E-N-Y-L, as a competent in the adhesive in 15 his frozen orange juice container. It held the 16 aluminum foil to the outer package and he wanted to 17 know whether I thought he should continue using it. 18 And I told him I thought he should go out and shut 19 his line down that afternoon, which I'm sure he did 20 not do. But he shut it down soon. 21 Q Do you remember hearing from any customers 22 that plastisol formulations using Aroclor PCB 23 products were difficult to reformulate with 24 replacement products? 25 A I don't recall hearing that from customers. HARTOLDMONOOQ6466 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al. , vs. ARMSTRONG WORLD INDS., et al , Page 38 Page 40 1 And I don't recall hearing it specifically having to 1 Monsanto's Top Quality Plasticizers." And it's bates 2 do with plastisol. But I do know that we considered 2 numbered MAE 059457 through 64, and ask if you've 3 that a lot offormulations were very difficult to 3 seen it before? 4 replace the Aroclors in. Very few of them were easy 4 A It looks kind of familiar. It looks like 5 substitutions. If you have any background in 5 the information that the research group would have 6 chemistry, you understand that Aroclors were a very 6 published for perhaps, perhaps published by the 7 unusual product. 7 marketing department. 8 Q You still believe that today? 8 Q Now, I note that there's a handwritten 9 A Oh, yeah. 9 notation on the first page," 11/66," other than that, 10 Q Do you remember hearing from any customers 10 is there any way, by looking at this document that 11 specifically that had used Aroclor products as an 11 you could tell when it was published? 12 ingredient in paints that they were having difficulty 12 A You'll have to give me a minute to look at 13 in replacing? 13 it. 14 A I'm sure there were used in paints. 14 Q That's fine. 15 Q Do you remember hearing from any of the 15 A Well, it was published some time prior to 16 customers that had used PCB products as an ingredient 16 1972 because it doesn't, I would think, because it 17 in paints that they were having difficulty finding a 17 doesn't have some of the most recent or the 18 replacement? 18 Plasticizers on it that were developed later. It 19 A Yes. 19 does not have Santicizer 711 on it, which was 20 MR. TURAT: Let me go off the record 20 marketed sometime around 1971. 21 for one second. 21 Q It also has Aroclor Plasticizers in it? 22 (WHEREUPON, a briefrecess was 22 A Yes, it does. 23 taken off the record.) 23 Q So presumably it came before those products 24 MR. TURAT: Go back on the record. 24 were withdrawn from the market as Plasticizers. I'm 25 25 not trying to trick you. I don't see anyway on it. Page 39 1 BY MR TURAT: 2 Q Mr. Clark, we've been talking now about 3 withdrawals from the market of PCB products as 4 Plasticizers. Do you remember a separate set of 5 withdrawals from the market in other applications? 6 MR COUGHLIN: You're referring to 7 PCB's? 8 BY MR TURAT: 9 Q PCB's. 10 A Well, there was another whole set of 11 markets that had to do with functional fluids. Is 12 that what you're talking about? 13 Q That's one of the things I'm talking about. 14 Is that one of the areas for which you were 15 responsible? 16 A No, it's not. 17 Q Did you have any responsibility for the 18 withdrawal of PCB's from the market as transformer 19 fluids? 20 A No. 21 Q How about as hydraulic fluids? 22 A No. .3 Q All right. Mr. Clark, I'd like to show you 24 a document that has just been marked by the court 25 reporter as Clark 1. It says, "Your Guide to Page 41 1 And I'm just wondering if there's something that I'm 2 not seeing. 3 A Well, that's the only, this is a six page. 4 seven, eight page document. I'mjustsortof 5 scanning. I don't, the only thing that comes to mind 6 is there are some products that are not listed here 7 that I know were introduced to the product line in 8 1971 or '72, that ifthis were a current document 9 they would be in it and they're not. So it must have 10 been prior to 1971 we'll say. 11 Q Okay. Now, can you tell me, sir, looking 12 at the second page, it appears from the notation down 13 at the bottom, "1" means incompatible and figures 14 means compatibility. I mean, as you look at this 15 chart, do you have any understanding of what the 16 numbers mean? Pick any product. Dibutyl is the 17 first one, what the numbers under Dibutyl mean? 18 A Well, let's say another one. Santicizer 19 160. I don't know what Dibutyl is. 20 Q Okay. 21 A Santicizer 160 was known as a very 22 compatible Plasticizer, wotked in all sorts of 23 different ways. And you can see that the hundred 24 percent going down there in various places would say 25 it's very compatible. HARTOLDMONOOQ6467 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al, Page 42 Page 44 1 Q What does it mean when it says, "25?" What 1 before you became part of the marketing department? 2 does it mean to be twenty-five percent compatible? 2 A Yes, I believe it was, yes. Earth Day was 3 If that's what it's saying. 3 after Februaiy. 4 MR. COUGHLIN: Object to the form. I 4 Q There's a May, 1970, date listed. And 5 don't know if that's what it's saying. 5 August, 14th, 1970, date listed. And a September, 6 BY MR. TURAT: 6 30, 1971, date listed. Do you have any specific 7 Q What does it mean when there's a number 7 recollection about any of those letters as distinct 8 other than a hundred there, ifyou know? 8 from one another? 9 A The compatibility number has to do with how 9 MR. COUGHLIN: I'm going to object to 10 much of the Plasticizer you can mix with the resin 10 the form of the question. 11 and get it to go into solution so that it does not 11 BY MR. TURAT. 12 come out of the resin. And exactly how that's 12 Q Okay. 13 measured in the lab, I don't know. But it's --it 13 A Well, as I read down the specifics of 14 would be something that would be similar to how much 14 what's under A here, you know, the content is 15 salt can you put in water before you start getting 15 familiar. And it's also logical that, you know, we 16 salt in the bottom of a glass. 16 sent an early letter out, follow up letter out. 17 Q Okay. Moving to the very last page, you'll 17 another letter in August and then made a final letter 18 notice that there is an Amsco insignia and it says, 18 in September. And I can see things in here that are 19 "American Mineral Spirits Company," etcetera, and 19 familiar to me that, you know, that I may have, or 20 lists sales offices. Have you, in your experience as 20 someone else may have written the customers. But, 21 a Monsanto employee, seen other sales brochures or 21 man, that's twenty-eight years ago. Write letter 22 technical bulletins that fisted the Amsco insignia at 22 after letter after letter, and I don't know. 23 the bottom? 23 Q I understand. You'll note on the second 24 A You mean besides this specific one? 24 page, the second subheading, letter B is, "To 25 Q Yes. 25 distributors." Page 43 1 A I don't know. 2 Q Okay. 3 A We have, Monsanto Plasticizers, I'm sure. 4 had more sales bulletins than this one. It would not 5 surprise me at all if other products had the Amsco 6 information in the back of them. But I cant tell 7 you whether I've seen them or not. 8 Q Okay. I have no further questions about 9 that document. Why dont we push it back towards the 10 court reporter so we dont lose them. Mr. Clark, I'm 11 going to show you a document that has now been marked 12 as Clark 2 which says at the top, "Chronology of 13 Communications to PCB Customers." It's bates 14 numbered MAE 059987 through 93. Okay. Have you ever 15 seen this document before, Mr. Clark? 16 A Well, I dont recall having seen it. 17 Q This was. I'll represent to you, this was 18 produced in discovery in this case by Monsanto. 19 A Uh-huh. 20 Q And there, as you can see, on the first 21 page, there are references under, "Plasticizers," you 22 know, sub heading A is to customers, and then there's ;3 a listing of several dates, "February, 1970," being 24 the first. And then there's another one in May of 25 1970. Now I recognize that February of 1970 is Page 45 1 A Right. 2 Q Do you remember a series of letters that 3 went to distributors of Monsanto products that was 4 distinct from the letters that went to customers? 5 A I think so. 6 Q Do you remember anything specific about it 7 or them? 8 A No. 9 Q Now, the Roman numeral H, page four of 10 this document, refers to, "functional fluids." Did 11 you have any responsibility for writing letters to 12 customers of functional fluids regarding withdrawals 13 of PCB products from the market? 14 A No. 15 Q That's all I have on that document. 16 MR. COUGHLIN: You just want to hand 17 the exhibits to me. Til get them in proper 18 order for the court reporter. 19 BY MR. TURAT: 20 Q Okay. Mr. Clark, I'm going to show you a 21 document that's been marked Clark 3. It's bates 22 number MAE 054366. And it appears to be a May 21st, 23 1970, communication from William Hunt. Have you had 24 a chance to look at it? 25 A Yes. HARTOLDMONOOQ6468 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEUOAN MAERTIN, et al. , vs. ARMSTRONG WORLD INDS., et al, Page 46 Page 48 1 Q All right. Do you remember having seen 1 you were in the marketing department? 2 this document before today? 2 A My recollection is we had a file on these 3 A Yes, I do. 3 products that say, "They have the following general 4 Q Okay. What is your understanding of what 4 toxicity characteristics." And this is the kind, 5 the document is? 5 this is the kind of analysis that you would do on 6 A This came from someone in Monsanto's 6 almost any new product that you introduced. So this 7 medical department as distinct from our research 7 kind of data would be available almost as a matter of 8 organization and they would be the ones who would 8 course for new products. Existing products, I don't 9 contract with and, I believe, 1 believe this is true, 9 know exactly why we, why this document exists by 10 where they would contract with an outside lab to do 10 itself, except that Aroclor 1254 was one of the 11 these various analyses like what is the LD50, lethal 11 larger volume products. Might have --1 don't know. 12 dose where fifty percent of the rats die for Aroclor 12 I don't know. 13 1254. So they would do that. They contract. They 13 Q Okay. 14 get this data back and this is what the, this is the 14 (WHEREUPON, Clark Exhibit 4 was 15 analysis of Aroclor 1254 as far as acute toxicity. 15 marked for identification.) 16 Q Now why was it going to you? I see your 16 BY MR. TURAT: 17 name is listed up at the top, "W.S. Clark." 17 Q Mr. Clark, I'm going to show you a document 18 A Right. 18 that the court reporter has just marked as Clark 4. 19 Q It appears this is addressed to you at 19 It is a June 22nd, 1970, letter from Mr. Hunt and 20 least? 20 it's bates numbered MAE 049360-61. 21 A Well, it certainly does appear that way. 21 MR. O'CONNOR: I'm sony. 04936 - 22 My name is right up there at the top. 22 MR. TURAT: 360-61. 23 Q I-24 A I think that it would be addressed to me as 23 MR. O'CONNOR: Thank you. 24 BY MR. TURAT. 25 the product manager who was in charge of removing 25 Q Okay. Look up when you're finished going Page 47 1 these products from the market. 2 Q Did you receive acute toxicity screen 3 documents, as this is one is labeled up at the top. 4 with regards to other products as well? 5 A I don't recall, though -- I don't recall 6 whether we did or not. Though in looking at this 7 document here now, it seems like it fits with what I 8 understand the situation to be with these products 9 way back when is that they were not considered to be 10 acutely toxic. They were, you know, as chemicals. 11 short term use, not much of a problem, as far as 12 acute toxicity was concerned. 13 Q What was your understanding of chronic 14 toxicity of Aroclor 1254 at the time? 15 A Didn't know. 16 Q Was it common for you -- 17 A Wait a second. At the time, chronic 18 toxicity would include things like the calcium 19 metabolism in the birds. And I knew that. I knew of 20 no other long term affects of PCB on humans. 1 don't 21 think anyone did at that time. 22 Q Other than documents that actually said. !3 "Acute Toxicity Screen," at the top, did you receive 24 summaries from the medical department about toxicity 25 information with regards to Monsanto products while Page 49 1 through it and Til start the questions. I just 2 don't want to interrupt you before you've had a 3 chance to see it. 4 A Okay. 5 Q Okay. I notice that you're a cc on this 6 document down at the bottom, Mr. Clark. Do you 7 remember receiving a copy of this? 8 A No. 9 Q The other cc is JH Gannon - Everett. Do 10 you know who Mr. Gannon is? 11 A He would be a salesman in the New England 12 area. 13 Q What is Everett? 14 A Everett, Massachusetts. 15 Q That was a sales office in Monsanto at the 16 time? 17 A I believe it was a sales office in 18 Monsanto, right. 19 Q Now, the letter is addressed to a 20 Mr. Kirsch of Borden-Arabol Company, and it starts 21 out with," Mr. W.S. Clark has informed me that you 22 are desirous for obtaining toxicity data for Aroclor 23 1221 and Aroclor 1250." How would you have come to 24 know a company out in Massachusetts wished to receive 25 toxicity information? HARTOLDMONOOQ6469 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., Page 50 Page 52 1 A John Gannon would have told me. 1 054468-69. Clark 6B is a technical bulletin titled, 2 Q Was that a normal line of communication for 2 "Aroclor Plasticizers." It's a bulletin number 3 a sales person to call you as products manager? 3 0/PL-306A and it's bates number MAE 054470-86. Just 4 A Yes. He could have called his regional 4 to confirm, I just suggested to Mr. Clark that he not 5 manager and his regional manager could have called 5 read the technical bulletin page by page. Til 6 me. But I knew John. He could have just as easily 6 direct him to any specific passages that I have 7 called me and told his regional manager about it. 7 questions about in advance effort to save a little 8 And I would imagine what I did then was pick up the 8 time. 9 phone and called Dr. Hunt and say, "What do we have 9 A Okay. Tm finished. 10 in the way of data?" And he would send them out this 10 Q Directing you to the August 14th, 1970, 11 data. 11 letter that's been marked as 6A, have you ever seen 12 Q Okay. 12 that before, Mr. Clark? 13 A This is pretty standard kind of data for 13 A It's familiar. 14 chemicals in general. 14 Q Now, it's under Mr. Schalk's signature, but 15 Q And that's-- 15 did you write the letter? 16 A Back then. I don't know what it is today. 16 A Well, I don't really recall, but I would 17 Q And that was also the standard line of 17 imagine that I did, yeah. 18 communication from the customer, through the sales, 18 Q Other than you and Mr. Schalk, do you 19 into product manager, over to medical department to 19 remember anybody else having input into the final 20 get toxicity information? 20 form of this letter? 21 A Yes. 21 MR. COUGHLIN: Let me object in that 22 Q I haveno further questions on that one. 22 you asked him ifhe wrote the letter, his 23 (WHEREUPON, Clark Exhibit 5 was 23 first response was that he didn't recall and 24 marked for identification.) 24 you stated in the beginning that you didn't 25 25 want him to make an assumption or speculate. Page 51 1 BY MR. TURAT: 2 Q Okay. Mr. Clark, I'm showing youa 3 document that the court reporter has marked as Clark 4 5, which is a July 20th, 1970, letter, also from Dr. 5 Hunt, bates numbered MAE 050231 to 232, and ask you 6 to take a look at that. 7 A Okay. 8 Q Is this the same type of letter, Mr. Clark, 9 having come through Robert Brell from the Wilmington 10 office to you? 11 A Yes. 12 Q And then you forwarded on to Mr. Hunt, Dr. 13 Hunt in the medical department? 14 A I would guess that's exactly what happened. 15 Q Okay. I have no further questions on that 16 one either. 17 (WHEREUPON, Clark Exhibits 6A and 18 6B were marked for 19 identification.) 20 BY MR. TURAT: 21 Q Mr. Clark, I'm showing you now two 22 different documents that have been marked by the 23 court reporter as Clark 6A and Clark 6B. 6A is an 24 August 14th, 1970 letter from Monsanto from Walter 25 Schalk, S-C-H-A-L-K, and it's bates number MAE Page 53 1 So I don't want that to be a premise of the 2 question if that's given. 3 MR. TURAT: Actually I think his answer 4 was that he probably did write it. 5 BY MR. TURAT: 6 Q I'm not asking to you speculate. I'm 7 asking ifyou actually remember anybody else 8 participating in way of comments or edits to the 9 final letter that you're looking at? 10 A Ido not remember specifically who would 11 have contributed to this letter. But I do know that 12 was a matter of policy on a major, something like 13 this, someone in the research department would have 14 seen this because it talks about modified 15 formulations and so we understand this was going out. 16 And I may have shown it to Mr. Waychoff, but my guess 17 is this is largely my work and I reviewed it with 18 some other people. 19 Q Do you recall one way or the other whether 20 it had to be cleared by the legal department at 21 Monsanto before going out? 22 MR. COUGHLIN: Til object in terms of 23 privilege. Don't explain to him any 24 communications you might have had. You 25 certainly can answer the question in terms HARTOLDMON0006470 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEWOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., Page 54 1 of whether or not the legal department Page 56 1 that we would have had conversations prior 2 reviewed it or not. But aside from that, 3 don't get into any specific conversations 4 you might have had with the legal 5 department. 2 to August 14th with individual customers 3 about it. But I don't, I certainly couldn't 4 recall a specific conversation. 5 BY MR. TURAT: 6 THE WITNESS: I don't know whether the 7 legal department reviewed that or not. 6 Q Do you recall having seen any writing 7 before August 14th, 1970, that went to customers -- 8 BY MR. TURAT: 8 A No. 9 Q Okay. Can we pull out the document that 10 was the chronology of communications? I don't 9 Q -- letting them know about a return goods 10 policy? 11 remember if it was number one or number two. 11 A I don't remember. 12 MR. COUGHLIN: Two. 12 Q Okay. Moving on to technical bulletin 13 BY MR. TURAT: 13 O/PL-306A - by the way, Mr. Clark, there's a 14 Q Mr. Clark, why don't you keep the exhibit 14 reference in this August 14th letter to the, "latest 15 that was marked Clark 2 side by side with this. 15 available bulletin in our line of Aroclors is 16 You'll notice down on the bottom of that first page, 16 enclosed for your use." 17 there's reference to the August 14, 1970, customer 17 A Uh-huh. 18 communication, and Clark 6A is an August 14th, 1970, 18 Q Do you know one way are the other whether 19 customer letter. First, let me just ask, do you know 19 this technical bulletin 306A was the bulletin 20 one way or the other whether this is the letter 20 enclosed under the cover of the August 14th letter? 21 listed on the chronology of commmunications? 21 A Well, no. I do not. I do not know. 22 A It appears to be. 22 Q Do you know if 306A superseded technical 23 Q On the second page on August 14th letter, 23 bulletin O/PL-306? 24 down towards the lower middle part, the paragraph 24 A No. I mean,no, I don't know that. 25 that starts, "During this withdrawal of PCB's from 25 Q Okay. Mr. Clark, I'm going to show you a Page 55 1 the market, Monsanto has had in effect a modified 2 return goods policy stating that unopened containers 3 less than one year old could be returned for full 4 credit through July 31,1970." First of all, do you 5 remember there being a return goods policy as, in any 6 form, as part of the withdrawal from the market as 7 Plasticizers? 8 A I remember we established one. I could not 9 have told you what it was. But this looks like what 10 we did. 11 Q All right. Do you know whether this August 12 14th letter is the first time Plasticizer customers 13 were notified of a return goods policy? 14 A No, I don't. 15 Q Does it help to refresh your memory at all 16 to look back at the chronology and see these are 17 records that discusses the return goods policy under 18 the August 14th letter and no reference to return 19 goods policy in the May of 1970, letter? 20 MR. COUGHLIN: I'm going to object to 21 the form. 22 THE WITNESS: It looks like the August 23 14th letter very specifically documented 24 what the return goods policy was, for all 25 recipients of this letter. I would expect Page 57 1 document. I'm happy to mark in another document as an 2 exhibit. It was marked Orem 3 in a prior deposition. 3 MR. TURAT: Do you have a preference as 4 to whether it gets marked again? I'm going 5 to show it to him beside this one. 6 MR. COUGHLIN: I have no preference. 7 MR. TURAT: Okay. Let's not mark 8 another one, if we can avoid it. For the 9 record, what I'm referring to as Orem 3 is 10 the technical bulletin O/PL-306. It says. 11 "Aroclor Plasticizers," and it's bates 12 number MAE 040881 through 934. 13 THE WITNESS: Okay. 14 BY MR. TURAT: 15 Q Have you seen this document before, Mr. 16 Clark? 17 A Well, it looks like it's the complete 18 technical bulletin on Aroclor Plasticizers. 19 Q Now, let me refer you, Mr. Clark, to the 20 very last page. I'm sorry, second to last page as 21 it's been photocopies. It's page 933, MAE 040933, 22 down at the bottom, there's a small, in small print. 23 there's a number, "1-2-68." Does that mean anything 24 to you in regard to the date of the document? 25 A Well, I didn't get there until three HARTOLDMONOOQ6471 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al. , Page 58 Page 60 1 something 1970. That looks like a date to me. Does 1 Q Would you agree with me that the section 2 it look like a date to you? 2 from there, that the two sections are identical in 3 Q It does look like a date to me. Although I 3 bulletin 306 and bulletin 306A? 4 don't know the manner in which documents put out by 4 A No. 5 Monsanto were dated. 5 Q Okay. Would you agree that it's identical 6 A Well, I don't either. 6 from the point at which it says, "Monsanto Aroclor 7 Q Fair enough. Do you know one way or the 7 Plasticizers," down through the part that says, "but 8 other whether this is the technical bulletin 306 8 lower in price?" 9 that's referred to in the August 14th letter? 9 A Is identical to what? Oh, wait a second. 10 A Well, it says in the front of it, so it 10 I'm sorry. In 306A, where you start, "Monsanto 11 must be. 11 Aroclor Plasticizers comprise a series of chlorinated 12 MR. COUGHLIN: Excuse me. Which one 12 biphenyls," that's in what's referred to as 13 are you referring to now? 13 introduction in that, and it's in the description 14 MR. TURAT: Well one is 306 on the 14 part of 306. So let me go a back and see whether 15 front and one is 306A. 15 they come down and -- yeah, it looks like they're the 16 MR. COUGHLIN: What is your question, I 16 same. 17 guess. 17 Q And the section that begins after that 18 BY MR. TURAT: 18 with, "Solubility," and it starts out, "The Aroclor 19 Q The question is whether the document that 19 liquids and resins --" 20 was marked as Orem 3 and that says, "306,'' on the 20 A Yes. 21 front is the same technical bulletin O/PL-306 that's 21 Q If you flip ahead in technical bulletin 306 22 referred to in the August 14th letter? 22 to page thirty-nine. 23 MR COUGHLIN: It's referring to a 23 A Yes. 24 latest available bulletin -- 24 Q Would you agree that those passages are the 25 MR TURAT: Okay. And then it says. 25 same? Page 59 1 "This publication replaces and supersedes 2 bulletin O/PL-306 Aroclor Plasticizers." 3 MR COUGHLIN: So you're referring to 4 the document that was replaced, not the 5 document that was enclosed? 6 MR. TURAT: Correct. 7 BY MR. TURAT. 8 Q Mr. Clark, I think you answered the 9 question already. 10 A Yes. 11 Q All right. I'm going to ask you to put 306 12 next to 306A and then we'll walk through them. 13 A Okay. 14 Q When you start into, let me make sure I've 15 got this right. 306A, which is the document that's 16 been identified as Clark 6B? 17 A Yes. 18 Q You go ahead to the third page ~ 19 A Yes. 20 Q -- and you open the other document up to 21 page four, you have those two pages side by side. Do 22 you see the section that says, "Monsanto Aroclor 13 Plasticizers comprise a series of chlorinated 24 biphenyls and chlorinated biphenyls -- " 25 A Yes. Page 61 1 A Except for the table reference. 2 Q Correct. The table number reference has 3 changed. Then when go on to the next page in both 4 306 and 306A, I trust you'll find that the next one, 5 two, three, four, five, six, seven, and a half pages 6 are identical? 7 A Would you like me to go through and check 8 the numbers on all these? 9 Q No. But just look at them in the overall 10 contours. I'll represent to you that I have been 11 through the numbers and the numbers did not change. 12 A Okay. 13 Q Would you agree with me that essentially 14 that the passages are the same? 15 A Look to be. 16 Q And technical bulletin 306A ends up with a 17 section on toxicity and safe handling, correct? It's 18 right after it in 306A. 19 A Well, there's some other things. Those are 20 all the21 Q Those are all the seven and a half pages 22 that are identical. 23 A Oh. 24 MR COUGHLIN: Just, I'd like the 25 record to reflect that he did not examine HARTOLDMONOOQ6472 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al , vs. ARMSTRONG WORLD INDS. , et al. , Page 62 Page 64 1 those documents to ensure that they are 2 identical but he is relying on 1 Q Okay. 2 MR. COUGHLIN: This is Orem 3. Do you 3 representations from - 3 want that back? 4 MR. TURAT: I'm not looking for him to 5 rely on representations. I'm looking for 6 him -- I'm not going to ask him whether a 4 MR. TURAT: Off the record. 5 (WHEREUPON, a brief recess was 6 taken off the record.) 7 single digit in seven and a half pages of 7 BY MR. TURAT: 8 figures have changed. But I do want him to 8 Q Mr. Clark, I'm showing you a document 9 be able to say for the record that a passage 9 that's dated September 8th, 1970. It's headed, "PCB 10 from one has been reused as a passage to 10 Environmental Problem August Status Report," and it's 11 another. I will not hold him to the 11 bates numbered MAE 056298-310. And this is another 12 specific numbers that appear in any specific 12 one. I'll state for the record, I can direct you to 13 chart. IH represent to him I have not 14 seen a single number change. 15 THE WITNESS: Okay. 13 any section that I have questions about. There are 14 not many, if you just want to skip it over generally. 15 A Okay. Just a second. Okay. 16 BY MR. TURAT: 16 Q Do you recall receiving this document, Mr. 17 Q Okay. Now, so the major difference, would 17 Clark? 18 you agree, between technical bulletin 306 and 18 A No, but that was twenty years ago. 19 technical bulletin 306A is that the entire middle 19 Q Do you know what it is? 20 body, the end of description, up through each of the 20 A Yes. 21 discussions of uses of Aroclor products, all the way 22 through to the part that we've just gone through in 21 Q Okay. What is your understanding of what 22 the document that's been marked as Clark 7 is? 23 detail, has been removed? 23 A It looks like it's a summary from Mr. 24 A That appears to be the case. 24 Papageorge, status of the marketing withdrawal 25 Q And I'd like you to look, before you close 25 programs for all Aroclors from Monsanto. Page 63 1 it, at that toxicity and safe handling section, which 2 appears in both brochures, or I'm sorry, both 3 technical bulletins. 4 A Okay. 5 Q And if you put the two of those side by 6 side, comparing them paragraph by paragraph, would 7 you agree with me that they are the same but for the 8 addition of an additional section 306A which is 9 entitled, "Environmental Hazards?" 10 A That appears to be the case. 11 Q I have no further questions on that. 12 A Let me just comment then, you know, to the 13 extent that what we found before that appeared to be 14 the date was still a date in 306A. All ofthis is 15 all done before I arrived at the scene. So, you 16 know, the exact reason it was put there and why it 17 was done that way is, you know, I don't know. 18 Q Okay. Do you know when 306A was first 19 published? 20 A No, I don't except that it's got a 3/70 21 down here at the back at the same place the other one 22 had a 1968 date. 13 Q Other than seeing the 3/70 reference, do 24 you know when it was first distributed to anybody? 25 A No, I don't. Page 65 1 Q Now, there's a list of people to whom the 2 document was apparently to be directed? 3 A Uh-huh. 4 Q And the first name is, "D. S. Cameron," and 5 it says, "Brussels." Do you know who Mr. Cameron 6 was? 7 A No, I don't. 8 Q Do you know, as of August of 1970, whether 9 Monsanto had a presence in Brussels? 10 A Yes, they did. 11 Q What is your understanding of Monsanto's 12 presence in Brussels at the time? 13 A I don't recall, except I'm quite sure they 14 had a sales office there. There may have been 15 manufacturing in Europe some place also, but I don't 16 recall that. 17 Q Do you know whether Monsanto, as of August 18 1970, sold PCB Plasticizer products in Europe? 19 A I believe we did. 20 MR. COUGHLIN: Is that prior to August 21 of 1970 you say? 22 MR TURAT: I said in August of 1970. 23 THE WITNESS: Oh, in August of 1970. I 24 do not know whether we sold any plasticizer 25 products in August of 1970. HARTOLDMONOOQ6473 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al. , Page 66 Page 68 1 BY MR. TURAT: 1 and ask you if you've seen them before. The first is 2 Q Do you know whether before August of 1970? 2 a cover letter from Waychoff to customer dated 3 A I think Monsanto had a presence in the 3 September 23rd, 1970. Do you remember seeing that 4 market with Aroclors in Europe, though there was a 4 one before? 5 major European crom blanc (sic) as a major European 5 A I guess so. 6 competitor, as I recall, in Europe. And I don't 6 Q The second page appears to be a letter from 7 recall what sort ofmarket share we might have had. 7 you, dated September 23rd, 1970. That's an, "Aroclor 8 Q Okay. Now the next name is, "W. W. Clark." 8 Price List Quoted in Dollars per Pound." Do you 9 But below that is, "J. R. Durland, Tokyo." 9 remember preparing that document? 10 A It's a familiar name. I seen it, our guy 10 A Do I remember preparing the document? No. 11 in Tokyo. I don't know. 11 Looks like it's one I prepared. 12 Q To your knowledge, did Monsanto sell PCB 12 Q Is that your signature down at the bottom? 13 Plasticizer products in Japan before August of 1970? 13 A Yeah, that's my signature at the bottom. 14 A I can't recall any specific information 14 Q And flipping ahead to the next page which 15 that would indicate we had sold in the Japanese 15 is the beginning of the document that runs through to 16 market. If we did sell in the Japanese market, it 16 the end, there does not appear to be a specific 17 would have been minor. 17 number on this one, but is this a document that you 18 Q Are you -- had you finished your answer? 18 remember? 19 A I finished my answer. 19 A Yes. This is one that looks like something 20 Q Okay. Do you know anything about whether 20 that I either prepared or helped prepare. 21 Monsanto ultimately withdrew PCB Plasticizer products 21 Q Okay. Now going back to the beginning, the 22 from the market in Europe? 22 cover letter from Mr. Waychoff, the subject up at the 23 A We removed them worldwide. 23 top refers to, "A new series of inert 24 Q Do you know whether Monsanto withdrew PCB 24 chemically-resistant, fire-retardant plasticizers 25 Plasticizer products from the market at the same time 25 compatible with a wide variety of resins," and new is Page 67 1 there were withdrew here in the United States? 2 A My recollection is that we did. We did not 3 continue to sell in Europe or any place else after we 4 sold or discontinued the sales in the United States. 5 Q Did you personally have any involvement in 6 the implementation of the withdrawal plan with regard 7 to those products in Europe or Japan? 8 A It would not have been any specific 9 activities directed towards those markets, like 10 visiting Europe or visiting Japan to implement this 11 product because I did not do that. Any 12 implementation of that would have been through the 13 sales force in Europe or Japan. 14 Q Okay. That's all I have on that document. 15 (WHEREUPON, Clark Exhibit 8 was 16 marked for identification.) 17 BY MR. TURAT: 18 Q Mr. Clark, I'm going to show you the 19 document that the court reporter has marked as Clark 20 8. It's a September 23rd, 1970, letter from Mr. 21 Waychoff to customer regarding Aroclor Plasticizers 22 and there are some attachments to it It's bates 23 numbered MAE 054497-512. 24 A Yes. 25 Q Okay. First let me take each ofthe pieces Page 69 1 underlined. Is that the package of materials that 2 were rolled out as substitutes to the Aroclor PCB 3 products? 4 A Yes. 5 Q And Mr. Waychoff, when he refers to, in his 6 letter to, "an enclosed new product bulletin and also 7 a new price list for these products," those are the 8 letter from you and the brochure that's attached to 9 it? 10 A Yes. 11 Q Okay. Now, Mr. Clark, looking at your 12 letter for a moment, the second page, there's a 13 series of products that are here with prices based on 14 different sizes. Aroclor 1221 was not a new product 15 in September of 1970 was it? 16 A No, it was not. 17 Q It had been around for decades, right? 18 A Right. 19 Q And the 5400 series of Aroclors, 5442, 20 5460, those were not new products either, were they? 21 A That's correct. 22 Q They had also been around for decades? 23 A That's right. 24 Q And die 6000 series, which is a blend of 25 Aroclor 1221 and the 5400 series, is that right? HARTOLDMONOOQ6474 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S- DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., Page 70 Page 72 A Yes, and those were the new products. 1 don't know is whether any ofthose 6000 Q Okay. But they were blends of the 5400 2 series were successful. series and Aroclor 1221 that were available for years 3 If they were not successful, then the and years and years, correct? 4 volume of business involved would have A Yes. 5 dropped to the point where they may well not Q All right. Now, let's flip ahead to the 6 have been economically viable, profit wise, product brochure, for lack of a better word, the 7 to keep them on the market. But I don't 8 Aroclor Plasticizers on page three of it. Now the 8 know. 9 5400 series, I think we just mentioned, those are 9 BY MR. TURAT: 10 chlorinated terphenyls? 10 Q Okay. Now, Aroclor 1221 was a mono 11 A Right. 11 chlorinated bipehnyl, right? 12 Q And those were being offered as substitute 12 A Right. 13 Plasticizers for the PCB containing Plasticizers? 13 Q And to your knowledge was Aroclor 1221 also 14 A Blends of those terphenyls with Aroclor 14 pulled from the market? 15 1221 were being offered at this time. 15 A I do not know what the status of that is -- 16 Q So the 5400 series terphenyls were not 16 was. It would have been my understanding, based on 17 being offered by themselves? 17 what I know of the toxicity and the environmental 18 A I guess they were. It looks to me like 18 problems with Aroclor 1221, that it was not an 19 they were. I think I said earlier, I thought they 19 environmental problem. And that has to do with the 20 were all taken off the market. And I think they have 20 structure of the material and whether it's 21 all been taken off the market, but it must have been 21 biodegradable or not. So I don't think it was a 22 a multi step process and they may have been taken off 22 problem. We didn't consider it a problem at this 23 the market after this September date. 23 time or we wouldn't have reformulated it into these 24 Q Do you recall when the terphenyls were 24 other things. But what happened after two or three 25 pulled from the market? 25 years, I don't know. Page 71 1 A No, I don't. 2 Q Do you know why the terphenyls were pulled 3 from the market? 4 A I don't know that they were pulled from the 5 market, but I would imagine they were. 6 Q Why do you imagine they were pulled from 7 the market? 8 A I don't know. 9 MR. COUGHLIN: I'm going to object to 10 the form of the question. It's certainly 11 legitimate that he used the word imagine, 12 but, again, he's asking you about your 13 knowledge as opposed to speculation or 14 imagination. 15 THE WITNESS: You know, I really don't 16 know what happened to the 5460 series, the 17 5400 series. All these documents that you 18 show me bring back data and facts that I 19 haven't thought about for a long, long time. 20 So, it appears that this September 21 document was an attempt to get some new 22 products, some replacement products for the .3 Aroclors that we took off the market and get 24 something that would be comparable into the 25 market place. One of the things I also Page 73 1 Q How about with regards to the 6000 series? 2 A I do not know. Do not know. 3 Q Do you still have the technical bulletin 4 306? 5 MR. COUGHLIN: Orem 3? 6 MR. TURAT: Yeah, Orem 3. 7 BY MR TURAT: 8 Q Mr. Clark, I'm just going to show you the 9 technical bulletin 306 that we had open before and 10 refer you to toxicity in safe handling section again. 11 What I'm showing you is the section that related to 12 the Aroclor PCB Plasticizers. 13 A Okay. 14 Q And then. I'll ask you to look at the 15 document that's been marked Clark 8, and specifically 16 refer you to the bates numbered page 05411. 17 A Okay. 18 Q Which is the section on toxicity and safe 19 handling. 20 A Okay. 21 Q Ifyou put these side by side, would you 22 agree with me that that language is the same, with 23 the exception that, "Chlorinated -- Aroclor 24 chlorinated polyphenyls ~ " I'm sorry, even that is 25 the same. With the exception of the paragraph on HARTOLDMONOOQ6475 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST- CRT., DIST. OF NEW JERSEYTOAN MflERTIN, et al., vs. ARMSTRONG WORLD INDS., et al.. Page 74 Page 76 1 inhalation tests and the PCB's are no longer in it 1 got the new products. And you'll note the wording, 2 because PCB's are not an issue? 2 "Monsanto has attempted to put together a list of 3 A Right. Looks like the same -- well, let's 3 replacement suggestions.... it will be used as a 4 see. 4 starting point in reformulation." It's kind of 5 Q And also the sentence on Schwart's (sic) 5 Monsanto's best effort to he help the customer with 6 patch tests relating to Aroclor 1254 has been removed 6 reformulation problems. 7 because it doesn't pertain to 1254 any longer? 7 Q And the top paragraph of the second page, 8 A Right. Okay. They look like they're the 8 I'll quote it for the record, "In conjunction with 9 same. 9 our removal of Aroclor Plasticizers from the market, 10 Q The toxicity and safe handling information 10 Monsanto has attempted to put together a list of 11 is the same before the PCB products were pulled from 11 replacement suggestions for this line of products. 12 the products as they are when we're talking about 12 Anyone who has had experience with Aroclors will 13 terphenyls, mono chlorinated polyphenyls and blends 13 recognize this is a difficult task. The combination 14 of those two? 14 of thermal and chemical stability, good 15 A (Witness nods). 15 compatibility, low cost and fire retardance make 16 MR. COUGHLIN: You have to answer 16 Aroclors difficult products to replace." Do you 17 verbally. 17 still agree with that today? 18 THE WITNESS: Yes. 18 A (Witness nods). 19 BY MR. TURAT: 19 Q You have to say it for the record. 20 Q I have no further questions on that one. 20 A Yes. 21 (WHEREUPON, Clark Exhibit 9 was 21 Q There's a list of gentleman down at the 22 marked for identification.) 22 bottom who are referred to as people who have had 23 BY MR. TURAT: 23 contact with various applications. Who is Dr. 24 Q Mr. Clark, I'm showing you what the court 24 Coaker? William Coaker? 25 reporter has marked as Clark 9. It's a document 25 A I believe all these people weremarket Page 75 1 entitled, "Replacement Suggestions for Aroclor 2 Plasticizers," and it's bates numbered MAE 3 059863-874. Okay. Mr. Clark, on the -- first of 4 all, do you recognize this document? 5 A Yeah, it looks like something we put 6 together. 7 Q What is it? 8 A What is it? 9 Q Yes. 10 A It's replacement suggestions for Aroclor 11 Plasticizers. 12 Q And who was the intended recipient or 13 recipients? 14 A Customers. 15 Q Now, on the second page, is that your 16 signature at the bottom? 17 A Yes. 18 Q Did you -- do you remember whether you 19 actually drafted this document? 20 A I think I probably did, twenty-eight years 21 ago. 22 Q Do you remember when you put it together? .3 I couldn't find a date on it. 24 A No, but it's got to be some time in, you 25 know, six months or so after I got there because it's Page 77 1 managers as they had responsibilities for various 2 applications, applications areas. Like it says Dr. 3 Coaker would have worked with acrylics and adhesives 4 and Polysulfides. And Dr. Farley would have worked 5 with rubber products and Urethane foam and etcetera. 6 So rather than dividing the market up by products. 7 they divided it up by application, these folks with 8 the applications. 9 Q Did you ever have occasion to work with Dr. 10 Coaker specifically in your connection with 11 withdrawal of PCB's from the market? 12 A Yes. 13 Q What was the nature of your interactions or 14 work with him? 15 A We talked about what the products were. 16 what the reformulation problems would be, and how he 17 went about working on it, or how I went about working 18 on it. Just in general, that's what we would have 19 talked about. 20 Q Did he also share with you any of his 21 experiences as to what customers had used the PCB 22 products for? 23 A h sure he did. 24 Q And is that true ofDr. Farley, or Mr. Orem 25 or Mr. Press as well? HARTOLDMONOOQ6476 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al. , vs. ARMSTRONG WORLD INDS, et al., Page 78 Page 80 1 A Yes. 1 MS. O'CONNOR: I'm having a little 2 Q Okay. That's all I have on that one. 2 trouble hearing the Witness. 3 (WHEREUPON, Clark Exhibit 10 was 3 THE WITNESS: I'm sorry. From the time 4 marked for identification.) 4 we started this whole thing until we were 5 BY MR. TURAT: 5 done, it was only about eight months. The 6 Q Mr. Clark, let me show you a document 6 idea of being able to create a pattern for . 7 that's been marked as Clark 10 and it's a December 7 allowing how much to order was difficult to 8 31, 1971, letter, bates numbered MAE 054620 through 8 do. I don't think we spent a lot of time 9 633. Look at that, just so you know, Til repeat to 9 doing that. We basically wanted to quit 10 you that I'm not going to ask you about the 10 shipping the products. 11 attachments to the letter, which appear to be a 11 BY MR. TURAT: 12 distribution list. 12 Q All right. I have no further questions on 13 A Uh-huh. 13 that document. 14 Q Okay. Have you seen the document that's 14 (WHEREUPON, Clark Exhibit 11 was 15 been shown to you as Clark 10 before? 15 marked for identification.) 16 A That looks familiar, you're helping me 16 BY MR. TURAT: 17 refresh my memory. 17 Q Mr. Clark, I'm showing you a document 18 Q Does this refresh your memory as to when 18 that's been marked Clark 11, it's an October 6th, 19 the PCT Plasticizers were pulled from the market by 19 1970, document, "PCB Environmental Problem September 20 Monsanto? 20 Status Report," and ask you to take a look at it. 21 A This thing says they were pulled from the 21 I'm going to ask you a couple questions about the 22 market March 31st, 1972. 22 section entitled, "Marketing," on page two. 23 Q And this announcement to customers about 23 A Okay. 24 the withdrawal was in December of 1971 ? 24 Q Okay. Tm not intending to ask you 25 A That's what it says. 25 additional questions about the rest of the document. Page 79 1 Q Do you have any independent recollection as 2 to when? 3 A No. 4 Q In the second paragraph, there is a 5 sentence that basically says, "Normal volumes of our 6 existing Aroclor product line maybe purchased between 7 now and March 31, 1972," and there's more to that 8 sentence. But, then it says, "Sales during the last 9 six months of 1971 will determine normal order 10 quantities." Why did Monsanto limit it's customers 11 to normal quantities as defined in a period that had 12 already passed? 13 A How else would you do that? 14 Q Well, when the withdrawal of PCB 15 Plasticizers was implemented, was there any 16 limitation placed on how much a customer could 17 purchase by a cut off date? 18 A I think we let people buy quantities that 19 were similar to what they had been purchasing on a 20 regular basis. The time frame was a little bit 21 different there, so, we really didn't give people a 22 chance to stock up I don't think. From the time we :3 started this whole thing until when it was done for 24 the PCB's was only about eight months. Something 25 like that. Page 81 1 Focussing on that, "Marketing," section on page two, 2 Mr. Clark, there is a reference to the fact that, 3 "Our distributors are well on their way to zero 4 inventories of the Aroclors." Do you know one way or 5 the other, Mr. Clark, based on your work at Monsanto 6 whether any of the distributors of Monsanto 7 Plasticizer products were still selling those 8 products after August 31 st of 1970? 9 A I don't have any specific recollection as 10 to whether they had materials or not. But I could 11 tell you that since they're an extra link in the 12 distribution chain and ifwe cut off sales to them, 13 and it ended the end of whenever, end of September, 14 they would have some material in their inventories 15 and they would continue to sell that for some period 16 of time. 17 Q Is that speculation on your part or is that 18 something you know? 19 A That's the way any, any distribution system 20 would work, 1 would think. But as far as how much 21 did they have, I don't know. I would think they 22 would almost certainly have some. I can hardly 23 imagine that they didn't end up with some that they 24 would sell for some number of weeks or months after 25 September 31st. That's sort of what this thing says. HARTOLDMONOOQ6477 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al , vs. ARMSTRONG WORLD INDS. , et al... Page 82 Page 84 1 "Distributors are well on their way to zero 1 Mr. Papageorge. 2 inventories." 2 Q Do you remember receiving it? 3 Q They're not there yet? 3 A Do I remember receiving it, no. 4 A They're not there yet and that's what is 4 QDo you remember receiving -- I've shown you 5 expected. 5 a bunch of status reports now that have your name at 6 Q Now the next paragraph says that, "Orders 6 the top as a, listed as an addressee -- 7 for the products which will replace the withdrawn 7 A The fact that I say that I do not remember 8 Aroclors in the market are starting to come in. It 8 receiving it, does not mean that I didn't receive it 9 will be several months before substantial volumes are 9 or didn't receive it and read it. But do I remember 10 being sold, however, as most companies have some 10 receiving this particular document that says this 11 inventory of the old product in stock." Do you 11 information about PCB's in fatty tissue in chickens 12 recall from your time working this whole withdrawal 12 dated February 8th, no, I don't remember that. 13 project whether there were in fact, whether most 13 Q Do you remember generally receiving status 14 companies did in fact have some inventory of the old 14 reports from Mr. Papageorge, again about the PCB 15 Aroclor PCB products still in inventory after the cut 15 withdrawal? 16 off date for sales ofthe PCB products? 16 A Yes. Yes. Because as we said very early 17 A I'm sure they did. If you took any date, 17 on when you asked me who Mr. Papageorge was, I said I 18 any arbitrary date and said, you know, does the 18 remember the name, but I don't remember who he was or 19 customer have an inventory of these products, the 19 what he did. I have a picture of him in my mind but 20 answer would be, yes. They have it in anticipation 20 I couldn't remember what he did. Now I remember he 21 of their use. And so they would almost certainly 21 was sort of the guy that was overseeing the 22 have some inventory as of September 30th. 22 documentation of all this stuff. 23 MR. COUGHLIN: September 30th or August 23 Q Okay. Drawing your attention to the second 24 30th? 24 page of this status report, the paragraph under, 25 THE WITNESS: Is it August 30th? 25 "Marketing," that says, "U.S. Steel, Christy Park." Page 83 1 BY MR. TURAT: 2 Q August 30th of 1970. 3 A August 30th, they would certainly have some 4 after August 30th. How much that would be, I don't 5 know. 6 Q Was it your understanding at the time that 7 as that inventory would be used up, they would 8 purchase the substitute products from Monsanto? 9 A They would either purchase the substitute 10 product from Monsanto or purchase an alternative 11 product from somebody else, yeah. 12 Q Okay. I have no further questions on this 13 one. 14 (WHEREUPON, Clark Exhibit 12 was 15 marked for identification.) 16 BY MR. TURAT: 17 Q Mr. Clark, I'm going to show you a document 18 that's been marked Clark 12, it's a February 8th, 19 1971 document entitled, "PCB Environmental Problem 20 January Status Report." And again. Til represent to 21 you there are only three or four sentences that I'll 22 ask you specific questions about. HI ask you just 23 to take a look at it. And then HI ask whether you 24 recognize it first. 25 A Looks like it's another status report from Page 85 1 A Yes. 2 Q Now there's a sentence, "To our knowledge, 3 this is the first major loss of business for 4 ecological reasons." Did you have an understanding 5 at the time ofwhether Monsanto had lost any of it's 6 customers of the Plasticizer products because -- 7 A This is not a Plasticizer product. 8 Q Okay. What product is involved here? 9 A Well, I don't know. But I'm quite certain 10 it wasn't. I don't recall, U. S. Steel does not 11 sound like it would have been a Plasticizer company. 12 It says, "Through this competitive fluid," functional 13 fluid is lower in price. So I think this is one of 14 the, it's not a Plasticizer product. 15 Q Fair enough. And functional fluids was not 16 within your domain? 17 A No, it was not. 18 Q Now down below under the section that says, 19 "Engineering--" 20 A Yes. 21 Q "Incineration - WGK," do you recall whether 22 Monsanto was, at one point in time, constructing an 23 incinerator for disposal of PCB's? 24 A It's my recollection they were. 25 Q Do you remember when that whole issue was HARTOLDMONOOQ6478 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEWOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., Page 86 Page 88 1 taking place? 2 A I would have said that it probably started 1 using it, I don't know. 2 Q Did Santicizer 317 contain a PCB or a PCT? 3 mid 1970, in terms of trying to figure out what they 3 A Evidently it contained a PCT. 4 were going to do and when they could get a plan on 5 stream, I guess this thing talks about that design, 4 Q Okay. Now, on the second page of that 5 document, could we pull out good old Orem 3 once 6 engineering, completion. When this is exacdy, ten 6 again, again opening up to the toxicity and safe 7 months after I started, so, sounds like they were 7 handling section. 8 working a pace to get a design in place to incinerate 9 these things. The problem with the incineration is 8 A Okay. Got it. 9 Q I'll direct your attention to the middle 10 it had to be a very high temperature and there has to 10 paragraph that begins, "As far as," I'm sorry, the 11 be a certain resins time and ifyou can achieve that, 11 next sentence says, "At ordinary temperatures," do 12 you're okay. But it's way different from a normal 13 incinerator. 12 you see 13 A Yes. 14 Q I also turn your attention to page three, 15 under, "Europe," it says, "Customer letters sent to 16 all non-controllable PCB users in the U K. advising 14 Q -- the analogous sentence in the toxicity 15 and safe handling section on technical bulletin 306? 16 A Yes. 17 of decision to cease sales on March 1st, 1971." By 17 Q Do you see as well the sentence that 18 way of clarification, non-controllable PCB uses, is 18 follows that, "When Santicizer 317 is used at 19 that, in your understanding, the same as open 19 elevated temperatures," so on and so forth? 20 applications? 20 A Yes. 21 A I don't know. I don't know. 22 Q Does this refresh your recollection at all 21 Q It's also in the same language that's in 22 technical bulletin in 306? 23 as to when the PCB Plasticizer products were 23 A As far as I know. 24 withdrawn from the market in Europe? 24 Q And if you flip ahead to the toxicity and 25 A Well it looks like it must have been after 25 safe handling section, to the next page, you'll see Page 87 1 they were withdrawn from the market in the U.S. 2 Well, let's see. There's more things down below. 3 Just a second. Looks to me like Monsanto was, had 4 wished to withdraw these products in Europe also at a 5 somewhat delayed time table. 6 Q Okay. I have no further questions on that 7 one. 8 (WHEREUPON, Clark Exhibit 13 was 9 marked for identification.) 10 BY MR. TURAT: 11 Q Okay, Mr. Clark, I'm going to show you a 12 document that's been marked Clark 13. It's a March 13 15th, 1971 letter, bates numbered MAE 050036-38. 14 A Okay. 15 Q Okay. Down at the bottom ofthis document 16 there is a signature line with your name on it, 17 although there's no signature on it. Do you recall 18 one way or the other whether you actually wrote this 19 letter? 20 A No. But I would believe that I did. 21 Q Do you remember whether Santicizer 317 was 22 a product that actually went to market? 23 A I don't know that. I think from the 24 appearance of this, it was one that was tested. But 25 whether it actually, whether they actually ended up Page 89 1 the next paragraph in your letter starts out, 2 "Continuous or repeated skin contact?" 3 A Yep. 4 Q It's the same paragraphs, correct? 5 A Looks that way. Sure enough. 6 Q Okay. When you wrote to customers who had 7 requested toxicity information, did you customarily 8 incorporate language from the technical bulletins? 9 A It would be the easiest way to do it to be 10 consistent. 11 Q Okay. I have not further questions about 12 that one. 13 MR. COUGHLIN: Let's go off the record 14 for one second. 15 (WHEREUPON, a brief recess was 16 taken off the record.) 17 BY MR. TURAT: 18 Q Mr. Clark, I'm showing you a document 19 that's been marked as Clark 14, which is a June 10th, 20 1971, "PCB Environmental Problem May Status Report." 21 A Okay. 22 Q Have you seen this one, this document 23 before, sir? 24 A Probably. Looks like it crossed my desk. 25 Q Okay. On the second page of this status HARTOLDMONOOQ6479 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEUOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS, et al., Page 90 Page 92 1 report, bates MAE 054266-281, "PCB Environmental 1 MR. COUGHLIN: You looked awful 2 Problem May Status Report," on the second page, Mr. 2 troubled when you said that. And again, 3 Clark, under Japan -- 3 he's asking you what you remember, not what 4 A Yes. 4 you would assume may have happened or what 5 Q It states that, "The response to PCB's has 5- 6 been very abrupt in Japan and all Aroclor 1242-type 6 THE WITNESS: I don't remember a 7 fluid has been terminated in NCR capsules for copy 7 specific document that says, "Here's where 8 paper." It also states that, "Imports for Pydraul," 8 they were, here's where it went." But by 9 that's P-Y-D-R-A-U-L, "have also been subjected to 9 the same token. I'd be surprised ifwe 10 critical review and Pydraul 312-A is demanded instead 10 didn't produce one, from my perspective, at 11 of Aroclor products which contain PCB's." Do I 11 this age looking back on this kind of 12 remember, was Pydraul in or not within your domain? 12 problem someone would have presented such a 13 A No. That is a functional fluid. 13 summary. But I don't -- I don't remember. 14 Q Okay. Do you remember one way or the other 14 BY MR. TURAT: 15 whether Monsanto in the United States exported 15 Q I have no further questions about that 16 Pydraul PCB containing fluid to Japan? 16 document. Let me just take a quick look at my notes. 17 A I do not have any idea. 17 Mr. Clark, in all your time as an employee of 18 Q Do you know whether Monsanto, a Monsanto 18 Monsanto, did you ever come across any reference to a 19 entity based in Japan manufactured Pydraul fluid 19 use of an Aroclor PCB Plasticizer product in 20 containing PCB's? 20 connection with a ceiling tile? 21 A I also have no knowledge of that. Those 21 A I think the, what I would respond to that 22 are areas that I was never involved in. 22 is it seems like Aroclor Plasticizers were used in a 23 Q There's a brief reference on page three to 23 variety of products that went into the building 24 someone's request for production data and use of 24 construction business that, you know, tiles of some 25 certain PCB products by various categories. Did you. 25 sort. Specifically ceiling tiles, I guess I would Page 91 1 in the course of your employment with Monsanto see a 2 detailed breakdown of the different uses of the 3 different PCB Plasticizer products by the customers? 4 MR. COUGHLIN: Can you refer him to 5 which portion ofthe document you're 6 referencing? 7 BY MR. TURAT: 8 Q Page three, all the way at the bottom, it's 9 a passing reference. But it's prompting my question. 10 A "The Committee is looking at arsenic. 11 cadmium and PCB's as to where the Government should 12 put priorities." Is that what -- 13 Q No. "Nelson's informal comments," second 14 line from the bottom. 15 A "His committee would need production data 16 and use by various categories." We had sales 17 records, who bought what, how many pounds were 18 shipped to what customer. 19 Q In connection with the implementation of 20 the withdrawal from the market Plasticizers, did you 21 ever see a compilation that actually listed out the 22 various uses of specific PCB Plasticizer products? 23 A I'm sure we must have put that together. 24 It would make sense that we would have. But I don't 25 - Page 93 1 have to say, yes, I think I knew that they went into 2 ceiling tiles. 3 But I didn't know much about that, if 4 they did, primarily because Armstrong would have been 5 the place they would have gone. And because of the 6 way the Armstrong account was managed, I didn't know 7 anything about it. I mean, I just had no contact 8 with Armstrong. 9 Q Did you ever see any documents referring to 10 the use of those products in ceiling tiles by other 11 customers? 12 A Did I ever see any documents, I don't know. 13 I would guess that the answer to that is yes, but I 14 don't know. 15 MR. COUGHLIN: He doesn't want you to 16 guess. 17 THE WITNESS: Well, I mean I can not 18 say that, yes, I can remember a document 19 that had to do with ceiling tiles and 20 Aroclors. I do not remember that. 21 BY MR. TURAT: 22 Q Based on the different applications that 23 you did see for Aroclor, PCB containing Aroclors, is 24 that an application that surprises you? 25 MR. COUGHLIN: Object to the form. HARTOLDMON0006480 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., Page 94 Page 96 1 THE WITNESS: I do not know much about 1 Q Okay. 2 the structure of ceiling tiles. As I look 2 MR TURAT: I have no further 3 at these particular ceiling dies, for 3 questions. Guys on the phone? 4 example, or other ceiling tiles that I think 4 MS. O'CONNOR: Yes. You mean you're 5 about, as far as in drop ceilings and things 5 finished with the document or you're 6 like that, which I think is what you're 6 finished finished? 7 talking about, I don't know - 7 MR. TURAT: I'm finished finished. 8 MR. COUGHLIN: When you say - I'm 8 MS. O'CONNOR: Okay. 9 sony. I don't mean to interrupt. When you 9 CROSS EXAMINATION 10 say these ceiling dies, I think you're 10 BY MS. O'CONNOR: 11 referring to the ones in the room we're 11 Q Mr. Clark, my name is Carolyn O'Connor and 12 sitting in, not the ones at issue in the 12 I represent Amsco in this litigation and the same 13 case? 13 instructions apply. I just have a couple of quick 14 THE WITNESS: That is correct. The 14 questions for you. Did you have any knowledge 15 ceiling tiles in this room or when I think 15 regarding who at Monsanto would have been most 16 about other ceiling tiles that are in drop 16 knowledgeable regarding the distributor relationship 17 ceilings, I don't know exactly where the 17 with Amsco? 18 Aroclor would have gone into that, unless it 18 A Well, my memory fails me on that except 19 was some sort of coating on them, which 19 that it would have been the regional manager in the 20 would make it like a paint, and perhaps it 20 area that Amsco was operating, whoever that regional 21 would have been there. But, I don't know. 21 manager would have been. They would have been the 22 BY MR. TURAT: 22 primary contact. 23 Q Assuming it was in a coating, a Plastisol 23 Q If I told you that Amsco was operating out 24 coating on a ceiling tile, based on the applications 24 of Conshocken, Pennsylvania, would you know the 25 for the Aroclors you saw while you were a Monsanto 25 identity of that regional sales manager? Page 95 1 employee, is that an application that strikes you as 2 unusual? 3 MR. COUGHLIN: I object to the form. 4 THE WITNESS: Well, I think that's a 5 question that would be better answered by 6 someone who literally has better technical 7 understanding of this, these products. As 8 you will recall that I came to this task, 9 you know, from an engineering background to 10 sort of manage a process of renewal, of 11 removal and technical expertise in any of 12 these areas was not one ofthe things they 13 were looking for. So I didn't have it 14 coming in and I left two years later and 15 I've forgotten an awful lot about this. I'd 16 like to be more helpful. 17 BY MR. TURAT: 18 Q You understand I'm not asking you about 19 whether you, as a scientist, would suggest that as an 20 application. My questions are focussed on what you 21 experienced from the universe of customers 22 A I don't know enough about Plastisols and !3 ceiling tiles to say whether Aroclor as a certain 24 kind of Plasticizer would have been a product of 25 choice or not. I just don't know. Page 97 1 A No. 2 Q Okay. 3 MR. TURAT: Carolyn, wait one second. 4 C-O-N-S-H-O-C-K-E-N. Okay. Sorry about 5 that. 6 MS. O'CONNOR: Thank you, Craig, 7 appreciate you spelling it for me. 8 BY MS. O'CONNOR: 9 Q Did you ever have any occasion to see any 10 documentation that was specifically addressed to 11 Amsco? 12 A I might well have been copied in on some. 13 Q Do you have any specific recollection of 14 that documentation as you sit here today? 15 A No. 16 Q Other than the documentation you've already 17 reviewed today, and been marked as exhibits during 18 your deposition, do you have any specific 19 recollection of other letters that may have been 20 written to your distributors to advise them regarding 21 removal of the Aroclor product from the market? 22 A No. 23 Q Did you have any contact with the regional 24 sales manager to discuss the cooperation of the 25 distributors in removal of the Aroclor products from HARTOLDMONOOQ6481 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEVJOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al, Page 98 Page 100 1 the market? 1 general purpose Plasticizers including Santicizer 2 A Did I have -- 2 160, which I believe was one of the products that 3 Q -- conversations with the regional sales 3 Armstrong bought, maybe one of the major ones. So 4 manager to discuss the cooperation of distributors in 4 he's the product manager. 5 regard to the removal of Aroclor from the market? 5 There would have been a regional sales 6 A I am sure I did. But the primary 6 manager also who would have been a primary contact. 7 conversations would have occurred in the sales 7 Somewhere between Mr. Sutton and that regional sales 8 department, not from a product manager. 8 manager is where the business was done with 9 Q Okay. But in your role as being in charge 9 Armstrong. 10 of the removal of the product from the market, would 10 Q Okay. Do you recall what years 11 you not keep track of cooperation received from the 11 specifically Mr. Sutton was involved with Armstrong? 12 distributors in that regard? No? 12 A My recollection is that he was there when I 13 A Maybe on an exceptional basis if it wasn't 13 got there and he was there when I left and I don't 14 happening. But ~ 14 know beyond that. 15 Q Okay. Was there any exceptional basis in 15 Q Okay. Do you have -- did you have any 16 connection with Amsco's cooperation with removal of 16 dealings with Mr. Papageorge at Monsanto in the late 17 the product that sticks in your mind? 17 sixties and early 1970's? 18 A I don't recall anything on that subject. 18 A Early 1970's, he was a man that 1 knew. He 19 Q Okay. 19 was sort of the overall overseer of data and 20 MS. O'CONNOR: I don't have any other 20 information on this subject. 21 questions. Thank you. 21 Q On the subject of Polychlorinated 22 CROSS EXAMINATION 22 biphenyls? 23 BY MR. O'CONNOR: 23 A Yes, and the withdraw from the market. 24 Q Mr. Clark? 24 Q Did you have any interaction with him 25 A Hi. 25 personally? Page 99 1 Q Hi. This is Brian O'Connor I'm an attorney 2 and I apologize ifyou're having problems hearing me. 3 We're in the midst of a pretty violent thunderstorm 4 here. 5 A I can hear you. 6 Q I just have a couple questions. I 7 apologize if I repeat anything because I did have 8 difficulty hearing some of Mr. Turet's questions and 9 some ofyour responses. But I don't have much at 10 all. Am I correct, I believe your testimony was that 11 you had no contact with Armstrong World Industries 12 with regard to their use of Plasticizers, is that 13 correct? 14 A That is correct. 15 Q Is it fair to say then that you had no 16 communication with anyone from Armstrong as to what 17 uses they employed of Plasticizers purchased from 18 Monsanto, is that correct? 19 A That is correct. 20 Q Now, I believe you have told me, or rather 21 in response to one of Mr. Turet's questions, you told 22 us that Fred Sutton was the primary account manager :3 for Armstrong with regards to the Plasticizers? 24 A Yes. He was the primary, my recollection 25 is that his title was product manager for several Page 101 1 A Like did we go out to dinner socially? 2 Q No. I mean on a business basis. 3 A I'm sure I sat in on meetings with him. 4 Q Okay. When you say you sat in on meetings 5 with him, other than sitting in on meetings with him. 6 did you work together side by side with regard to 7 dealing with any specific customers at Monsanto? 8 A No. 9 Q I think earlier that you had told us that 10 when the Aroclors were pulled from the market, you 11 did not consider them to be acutely toxic? 12 A That's correct. 13 Q What was that beliefbased on? 14 A Things like those LD 50 data, the toxicity 15 data that was sited in several ofthose letters from 16 Dr. Hunt. 17 Q Anything else? 18 A No. I think other people in the department 19 shared that. But it was undoubtedly based on the 20 same information, you know, that I had, the toxicity 21 data. 22 Q Okay. Did you ever see any written 23 literature with regard to labels on any of the 24 Aroclor lines that instructed users not to use the 25 Aroclor products in connection with processing, HARTOLDMONOOQ6482 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS. , et al. , Page 102 1 handling or storage of food or food related products? 2 A On the labels? 3 Q Correct. Page 104 1 A Yes. 2 Q Okay. And you don't have any specific 3 knowledge that Armstrong was using PCB's and 4 A I don't. I don't recall that. I don't 5 recall specifically what was on those labels and 6 whether there was anything having to do with the use 7 in food products or not. 8 Q Okay. Let me ask you, do you recall, in 4 Plastisol application with regard to it's ceiling 5 tiles? 6 A I have no information on that subject. 7 Q Thank you. I just wanted to clarify that. 8 MR. TURAT: I have no further 9 the late sixties or early seventies, Monsanto being 10 involved in any litigation with regard to drain silos 9 questions. 10 11 and paint containing drain silos? 11 (WHEREUPON, the deposition was 12 A I don't recall that Monsanto was involved 12 concluded at 4:25 o'clock p.m. 13 in any litigation having to do with paint and drain 14 silos, no. IS Q Do you recall, did Monsanto ever inform any 13 14 15 and the Witness was excused.) 16 customers of Aroclor, purchases of Aroclors that the 16 17 Aroclors should not be used in any type of product 17 18 which would have any connection at all with food or 18 19 food products? 19 20 A 1 think there was some of the things that 21 we, that was in the things that we reviewed today 20 21 22 that said it would not be recommended that be done. 23 Q Do you recall when that specifically was 24 included in information provided to customers of 22 23 24 25 Monsanto? 25 Page 103 1 A No, I don't. What I don't recall is what 2 was in the original Aroclor products bulletin. I 3 mean, there was that toxicity data that was in there 4 that said it was modestly toxic, mildly toxic, I 5 guess. Go ahead. 6 Q All right, Mr. Clark. 7 MR. O'CONNOR: I don't think I have 8 anything else. 9 CROSS EXAMINATION 10 BY MR. COUGHLIN: 11 Q I just have one or two follow up questions, 12 Mr. Clark. Today you've testified, I know, to the 13 best of your recollection about events that occurred 14 long ago. You mentioned, during the end ofyour 15 deposition, that you were aware that PCB's were in 16 ceiling tiles, but you also testified that you didn't 17 have any specific recollection that PCB's were in 18 Armstrong ceiling tiles or any other particular 19 ceiling tiles. Is that right? 20 A That's correct. 21 Q Okay. And were you basing your comments on 22 your assumption that since ceiling tiles were a 23 building material, it's possible that PCB's could 24 have been used in some form or for some application 25 in ceiling tiles? Page 105 1 ERRATA SHEET 2 Page : Line : Change : Reason 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Signed: Date: 25 HARTOLDMONOOQ6483 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., Page 106 Page 108 1 SIGNATURE PAGE 1 presence. 2 OF 2 I do hereby further certify that I am a 3 WILLIS S. CLARK 3 disinterested person in this cause of 4 I hereby acknowledge that I have read the 4 action, that I am not a relative or attorney 5 foregoing deposition, dated April 8th, 1998, and 5 to either party, or otherwise interested in 6 that the same is a true and correct transcription 7 ofthe answers given by me to the questions 6 the events of this cause, and that I am not 7 in the employ ofcounsel for either the 8 propounded, except for the changes, if any, 8 Plaintiff or Defendant. 9 noted on the attached errata sheet. 9 IN WITNESS WHEREOF, I have set my hand 10 10 and affixed mv notarial seal this day 11 SIGNATURE DATE 11 of , 1998. 12 12 13 STATE OF 13 14 County 14 Tracy L. Larimore, C.S.R. 15 15 16 SUBSCRIBED AND SWORN TO ME 16 My Commission expires 17 this day of , 1998. 17 August 23rd, 1998 18 19 Notary Public 18 19 ******** 20 STATE OF 20 Tracy L. Larimore, C.S.R. 21 COUNTY OF 21 6310 Valley Drive 22 MY COMMISSION EXPIRES 22 Leo, IN 46765 23 23 (219) 627-8785 24 24 (219) 427-0069 Numeric pager 25 25 Page 107 1 STATE OF INDIANA ) 2 ) ss. 3 COUNTY OF ALLEN ) 4 I, Tracy L. Larimore, being a Certified 5 Shorthand Reporter and Notary Public in and 6 for the State of Indiana, County of Allen, 7 do hereby certify: 8 That Willis S. Clark, the deponent 9 herein, was by me first duly sworn as a 10 Witness in the above- captioned cause now 11 pending in the aforesaid jurisdiction, and 12 was thereafter duly examined as heretofore 13 set forth; 14 That the deposition was taken by me in 15 machine shorthand to the best of my skill 16 and ability, and was thereafter reduced to 17 typewriting by myself, or under my direction 18 and control, and that the foregoing pages 19 are in all respects a complete, true, and 20 correct transcript of the proceedings had at 21 die aforesaid time and place; 22 That die deponent did read and 23 subscribe to die testimony herein, as 24 evidenced by his/her signature affixed on 25 the appropriate page hereof, without my HARTOLDMONOOQ6484 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEUOAN MAERTIN, et al., VS. ARMSTRONG WORLD INPS., et al., 0 1970 8:24,25 9:2 61:1862:1963:8 78 3:18 accurate 16:24 60:21 68:14 70:6 0/PL-306A 52:3 040881 57:12 040933 57:21 9:19 10:5,14,20 10:21,22 14:12 14:14 17:9,15 63:14,18 30th 82:22,23,24 82:25 83:2,3,4 8 8 3:16 67:15,20 achieve 86:11 88:24 103:5 acid 8:2,3,23 11:15 al 1:8 2:2 19:16 11:17 12:4 25:1 04936 48:21 26:5 31:3,5 43:23 31 55:4 78:8 79:7 73:15 acknowledge 106:4 alien 107:3,6 049360-61 48:20 050036-38 87:13 050231 51:5 05411 73:16 054266-281 90:1 054366 45:22 054468-69 52:1 054470-86 52:3 054497-512 67:23 054620 78:8 056298-310 64:11 059457 40:2 059863-874 75:3 059987 43:14 07102-5311 2:15 08002-4810 2:8 08054 2:5 43:25,25 44:4,5 45:23 48:19 51:4 51:24 52:10 54:17,18 55:4,19 56:7 58:1 64:9 65:8,18,21,22,23 65:25 66:2,13 67:20 68:3,7 69:15 80:19 81:8 83:2 86:3 1970's 100:17,18 1971 40:20 41:8,10 44:6 78:8,24 79:9 83:19 86:17 87:13 89:20 1972 11:3 31:5 37:4 40:16 78:22 79:7 312-A 90:10 317 87:21 88:2,18 31st 78:22 81:8,25 340 2:8 360-61 48:22 39 3:8 4 4 3:2,11 48:14,18 4:25 104:12 427-0069 108:24 43 3:9 45 3:10 46765 108:22 46802 1:23 48 3:11 5 80 3:19 826 1:22 83 3:20 87 3:21,23 89 3:22 8th 1:19 64:9 83:18 84:12 106:5 9 9 3:17 74:21,25 93 43:14 933 57:21 934 57:12 96 3:3 98 3:4 A acronym 6:8 across 5:17 92:18 acrylics 77:3 action 1:7 108:4 activities 67:9 actual 20:21 actually 13:19 22:12 24:226:21 47:22 53:3,7 75:19 87:18,22 87:25,25 91:21 acute 46:15 47:2 47:12,23 acutely 47:10 101:11 ADAM 2:3 add 24:8 addition 63:8 allow 15:15,16 allowing 80:7 almost 48:6,7 81:22 82:21 along 22:6 37:2 already 21:5 36:22 59:9 79:12 97:16 alternative 24:14 34:1083:10 alternatives 24:13 27:14 although 58:3 87:17 aluminum 37:16 american 1:12 2:13 6:6 42:19 amount 35:25 amounts 14:21 1 1973 11:10 5 3:12 50:23 51:4 ability 107:16 additional 28:16 Amsco 6:8 31:10 1 3:8 39:25 1-2-68 57:23 1:00 4:3 10 3:18 78:3,7,15 101 2:4 103 3:5 10th 89:19 11 3:19 80:14,18 11/66 40:9 12 3:20 83:14,18 1221 49:23 69:14 69:25 70:3,15 72:10,13,18 1242-type 90:6 1250 49:23 1254 37:1,1,8 46:13,15 47:14 48:10 74:6,7 13 3:21 87:8,12 14 3:22 54:17 89:19 1400 2:10 14th 44:5 51:24 52:10 54:18,23 55:12,18,23 56:2 56:7,14,20 58:9 58:22 15th 87:13 160 41:19,21 100:2 1961 6:13,20 7:4 1963 10:4 1965 7:22,25 9:2 1967 6:21 9:17 1968 6:14 13:24 63:22 1969 25:14 1975-ish 11:18 1977 11:19 12:11 12:12 1978 12:13 13:2 1998 1:19 106:5,17 108:11,17 1st 86:17 2 2 3:9 43:12 54:15 20th 51:4 219 108:23,24 21927 2:11 21st 45:22 22nd 48:19 232 51:5 23rd 67:20 68:3,7 108:17 25 42:1 27420 2:12 3 3 3:10,23 7:11 45:21 57:2,9 58:20 64:2 73:5,6 88:5 3/70 63:20,23 30 44:6 300 2:5,11 306 58:8,14,20 59:11 60:3,14,21 61:4 62:18 73:4,9 88:15,22 306A 56:19,22 58:15 59:12,15 60:3,10 61:4,16 50 3 :12 101:14 51 2:7 3:12,13,14 52 3:13,14 54 3:9,13 5400 69:19,25 70:2 70:9,1671:17 5442 69:19 5460 37:13 69:20 71:16 56-58 3:23 59 3:14 6 6000 69:24 72:1 73:1 627-8785 108:23 63 3:23 7:12 6310 108:21 633 78:9 64 3:15 40:2 67 3:16 7:5 68 6:22,22 7:5 9:18 6A 3:13 51:17,23 51:23 52:11 54:18 6B 3:14 51:18,23 52:1 59:16 6th 80:18 7 7 3:15 64:22 711 40:19 72 11:4 41:8 73 3:16,23 11:4 74 3:17 75 11:10,19 able 5:20 11:6 19:14 27:5 62:9 80:6 about 5:1 6:14 7:10,21 12:3,8,23 13:14,16 14:13 15:6,7 18:1,10,15 18:19,21,24 19:10 20:9,21 21:4 23:4,7 25:8 26:14,24 27:17 28:11,16 29:3,5 31:2 33:22 34:1,9 35:11 39:2,12,13 39:21 43:8 44:7 45:6 47:24 50:7 52:7 53:14 56:3,9 64:13 66:20 71:12,1973:1 74:12 77:15,17 77:17,19 78:10 78:23 79:24 80:5 80:21,25 83:22 84:11,14 86:5 89:11 92:15 93:3 93:7 94:1,5,7,16 95:15,18,22 97:4 103:13 above 107:10 abrupt 90:6 Absolutely 17:4 accommodate 5:13 account 29:16 30:3 30:4,17,19 31:6 31:17 93:6 99:22 accounts 36:12 63:8 80:25 addressed 46:19 46:24 49:19 97:10 addressee 84:6 adhesive 37:14 adhesives 77:3 advance 52:7 advise 97:20 advising 86:16 affects 47:20 affixed 107:24 108:10 aforesaid 107:11 107:21 after 4:7 11:12 26:25 27:6 31:7 44:3,22,22 60:17 61:18 67:3 70:23 72:24 75:25 81:8 81:24 82:15 83:4 86:7,25 afternoon 37:19 again 6:16 8:8 22:4 22:15 57:4 71:12 73:10 83:20 84:14 88:6,6 92:2 age 92:11 ago 4:17 15:5 19:24 44:21 64:1875:21 103:14 agree 60:1,5,24 61:13 62:18 63:7 73:22 76:17 ahead 25:23 59:18 31:12,17 32:18 35:18,19,20,23 36:4 42:18,22 43:5 96:12,17,20 96:23 97:11 Amsco's 98:16 analogous 88:14 analyses 46:11 analysis 46:15 48:5 analytical 25:16 announcement 78:23 another 12:21 39:1041:18 43:24 44:8,17 57:1,8 62:11 64:1183:25 answer 5:3,8,15 15:12 23:10,11 24:2,21 25:22 53:3,25 66:18,19 74:16 82:20 93:13 answered 59:8 95:5 answers 106:7 anticipation 82:20 anybody 29:10 33:1 52:19 53:7 63:24 anyone 47:21 76:12 99:16 anything 9:21 10:7 23:4 28:15 45:6 57:23 66:20 93:7 98:18 99:7 HARTOLDMONOOQ6485 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEWOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., 101:17 102:6 98:5 101:24,25 B 3:7 44:24 100:2 Brussels 65:5,9,12 causing 26:8 103:8 102:16 103:2 Bachelor 6:20 below 66:9 85:18 building 92:23 cc 49:5,9 anyway 40:25 Aroclors 23:24 Bachelors 7:4 87:2 103:23 cease 86:17 apologize 99:2,7 24:4,7 28:22 38:4 back 11:14 13:12 beside 57:5 bulletin 28:22,23 ceiling 92:20,25 apparently 65:2 38:6 56:15 64:25 14:14 15:23,25 besides 42:24 52:1,2,5 56:12,15 93:2,10,19 94:2,3 appear 46:21 66:4 69:19 71:23 38:24 43:6,9 best 8:16 76:5 56:19,19,23 94:4,10,15,16,24 62:12 68:16 76:12,16 81:4 46:14 47:9 50:16 103:13 107:15 57:10,1858:8,21 95:23 103:16,18 78:11 82:8 93:20,23 55:1660:14 better 8:11,12 70:7 58:24 59:260:3,3 103:19,22,25 appearance 87:24 94:25 101:10 63:2164:3 68:21 95:5,6 60:21 61:16 104:4 APPEARANCES 102:16,17 71:1892:11 between 7:3 14:22 62:18,19 69:6 ceilings 94:5,17 2:1 aromatic 25:17 background 6:11 36:3 62:18 79:6 73:3,9 88:15,22 Center 2:15 appeared 63:13 around 9:17,18 38:5 95:9 100:7 103:2 Central 12:17,22 appears 41:12 40:20 69:17,22 Bald 26:4,8 beyond 100:14 bulletins 19:5 certain 30:9 35:25 45:22 46:19 arrived 21:10 based 5:4 11:23 biodegradable 20:16 28:19 35:2 85:9 86:11 90:25 54:22 62:24 63:2 63:15 13:20,21 17:6,6 72:21 42:22 43:4 63:3 95:23 63:10 68:6 71:20 arsenic 91:10 17:10 30:10,12 bipehnyl 72:11 89:8 certainly 5:13 application 29:5 aside 54:2 69:13 72:16 81:5 biphenyls 6:1 bunch 84:5 46:21 53:25 56:3 77:7 93:24 95:1 asked 52:22 84:17 90:19 93:22 59:24,24 60:12 business 72:4 85:3 71:10 81:22 95:20 103:24 asking 5:5 35:9 94:24 101:13,19 100:22 92:24 100:8 82:21 83:3 104:4 53:6,7 71:12 92:3 basically 79:5 80:9 birds 26:3,7,9 101:2 Certified 107:4 applications 25:1 95:18 basing 103:21 47:19 buy 79:18 certify 107:7 108:2 36:21 39:5 76:23 aspirin 8:5,6 9:23 basis 79:20 98:13 bit 13:14 28:7 chain 81:12 77:2,2,8 86:20 9:25 98:15 101:2 29:1431:11 C chairs 8:15 93:22 94:24 ASSISTANT 2:4 bates 40:1 43:13 35:17 79:20 C 4:1 Chamber 1:21 apply 96:13 assume 10:14 92:4 45:2148:20 51:5 blanc 66:5 C-O-N-S-H-O-C-K- EjeNance 32:10 appreciate 97:7 assumed 7:25 51:25 52:3 57:11 blend 69:24 97:4 45:24 49:3 79:22 appropriate Assuming 94:23 64:11 67:22 blends 70:2,14 C.S.R 1:25 108:14 chances 23:15 107:25 assumption 52:25 73:16 75:2 78:8 74:13 108:20 change 20:6 61:11 April 1:19 10:22 103:22 87:13 90:1 board 33:20 cadmium 91:11 62:14 105:2 14:11,13 17:15 Atrium 2:4,5 became 11:19 14:7 body 62:20 calcium 26:6 47:18 changed 61:3 62:8 106:5 attached 69:8 16:4 17:8 25:15 bonds 25:17 call 13:16 36:25 changes 106:8 arbitrary 82:18 106:9 44:1 Borden-Arabol 50:3 characteristics area 18:12,20 attachments 67:22 become 9:15 14:20 49:20 called 4:6 10:17 19:3 20:2 34:12 49:12 96:20 78:11 before 4:20 9:21 boss 14:7 18:4,13 11:1729:18 48:4 areas 39:14 77:2 attempt 71:21 24:2,9 31:6 35:2 32:15 37:12 50:4,5,7,9 charge 31:6 46:25 90:22 95:12 attempted 76:2,10 35:16 36:17 40:3 both 5:9 17:23 calls 36:12 98:9 armstrong 1:10 attention 84:23 40:23 42:15 61:3 63:2,2 came 11:14 12:16 chart 41:15 62:13 2:6 4:18 6:3,4,4 86:14 88:9 43:15 44:1 46:2 bottom 41:13 14:3,11 18:3 check 61:7 29:10,12,14,17 attorney 2:3,3,7,10 49:2 52:12 53:21 42:16,23 49:6 20:21 25:8 33:20 chemical 6:12,20 29:21,22,25 30:7 2:13 99:1 108:4 56:7 57:15 62:25 54:16 57:22 40:23 46:6 95:8 23:12 76:14 30:16,18 93:4,6,8 August 44:5,17 99:11,16,23 51:24 52:10 63:13,15 66:2,13 68:1,4 73:9 74:11 68:12,13 75:16 Cameron 65:4,5 76:22 87:15 91:8 capacities 29:8 chemically 19:2 chemically-resistant 100:3,9,11 54:17,18,23 78:15 82:9 89:23 91:14 31:8 68:24 103:18 104:3 55:11,18,22 56:2 began 4:2 10:20,21 bought 30:5 91:17 capsules 90:7 chemicals 11:21 Aroclor 28:24 37:1 56:7,14,20 58:9 begin 11:18 100:3 captioned 107:10 47 :10 50:14 37:8,13,22 38:11 58:22 64:10 65:8 beginning 7:10 Box 2:11 carbon 25:17 chemistry 38:6 40:21 46:12,15 65:17,20,22,23 52:24 68:15,21 break 5:12,15 carbonless 27:7,7 Cherry 2:8 47:14 48:10 65:25 66:2,13 begins 60:17 88:10 breakdown 91:2 careful 28:11 Chicago 11:8,9,13 49:22,23 52:2 81:8 82:23,25 being 9:7 15:7 breakthroughs carolyn 2:13 96:11 chickens 84:11 57:11,18 59:2,22 83:2,3,4 108:17 21:18 25:9,18 25:16 97:3 chlorinated 16:9 60:6,11,18 62:21 available 48:7 26:1 35:4 43:23 Brell 51:9 case 4:19 6:7 21:21 59:23,24 60:11 67:2168:7 69:2 56:15 58:24 70:3 55:5 70:12,15,17 brian 2:3 28:5 99:1 29:15 43:18 70:10 72:11 69:14,25 70:3,8 avoid 57:8 80:6 82:10 98:9 brief 38:22 64:5 62:24 63:10 73:23,24 74:13 70:14 72:10,13 aware 26:15 102:9 107:4 89:15 90:23 94:13 chlorine 25:17 72:18 73:12,23 103:15 belief 101:13 briefly 6:10 catching 28:8 choice 95:25 74:6 75:1,10 76:9 away 20:5 believe 14:8 30:14 bring 71:18 categories 90:25 Christy 84:25 79:6 82:15 90:6 awful 36:10 92:1 32:16 38:8 44:2 broader 35:12 91:16 chronic 47:13,17 90:11 92:19,22 95:15 46:9,9 49:17 brochure 69:8 70:7 cause 107:10 108:3 chronology 43:12 93:23 94:18 95:23 97:21,25 65:19 76:25 brochures 42:21 108:6 54:10,21 55:16 B 87:20 99:10,20 63:2 caused 26:11 Civil 1:7 HARTOLDMONOOQ6486 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEPOAN MAERTIN, et al., vs. clarification 24:3 commitment 21:10 construction 11:16 71:9 73:5 74:16 86:18 21:12 92:24 82:23 89:13 91:4 clarify 10:3 104:7 committee 91:10 contad 29:17 92:1 93:15,25 ARMSTRONG WORLDL-r INDS..,f et a-*-l,f Darby 33:6,12,14 description 16:15 33:18,22 34:1 16:24 60:13 data 46:14 48:7 62:20 dark 1:17 3:8,9,10 91:15 3:11,12,13,14,15 commmunications 76:23 89:2 93:7 94:8 95:3 103:10 96:22 97:23 counsel 15:25 49:22 50:10,11 50:13 71:18 design 11:16 86:5 86:8 3:16,17,18,19,20 3:21,22 4:5,16,20 5:23 6:10,15 25:6 28:15 29:7 31:8 32:17 39:2,23,25 43:10,12,15 54:21 common 47:16 communicate 31:9 communicating 31:12 communication 99:11 100:6 contain 88:2 90:11 contained 88:3 container 37:15 containers 55:2 containing 70:13 108:7 county 106:14,21 107:3,6 couple 9:7 11:9 28:24 80:21 96:13 99:6 90:24 91:15 100:19 101:14,15 101:21 103:3 date 25:13 26:23 34:7 44:4,5,6 57:24 58:1,2,3 designed 33:14,15 desirous 49:22 desk 89:24 detail 62:23 detailed 91:2 details 10:2 45:20,2146:17 48:14,17,1849:6 49:21 50:23 51:2 35:18 36:2,5 45:23 50:2,18 54:18 99:16 90:16,20 93:23 102:11 content 44:14 course 32:5 48:8 91:1 courses 9:12 63:14,14,22 70:23 75:23 79:17 82:16,17 determine 79:9 develop 21:7,8 22:2 27:24 51:3,8,17,21,23 communications continue 9:19 court 1:2 5:16 82:18 105:24 developed 40:18 51:23 52:1,4,12 23:6 35:19 43:13 37:17 67:3 81:15 15:11 39:24 106:11 developing 24:12 54:14,15,18 53:24 54:10 Continuous 89:2 43:1045:18 dated 58:5 64:9 24:12,13 56:13,25 57:16 57:19 59:8,16 companies 29:14 82:10,14 contours 61:10 contract 46:9,10 48:18 51:3,23 67:19 74:24 68:2,7 84:12 106:5 Dibutyl 41:16,17 41:19 64:8,17,22 66:8 company 1:12,13 46:13 cover 56:20 68:2 dates 11:7 31:4 DICKER 2:14 67:15,18,19 2:9 6:4,6 12:20 contributed 26:15 68:22 43:23 die 46:12 69:11 73:8,15 42:19 49:20,24 53:11 covered 28:22 day 14:14,15,16 difference 62:17 74:21,24,25 75:3 85:11 control 9:24 11:20 craig 2:7 4:17 8:7 36:25 44:2 different 29:2 78:3,6,7,15 80:14 comparable 71:24 12:9 107:18 28:2 97:6 106:17 108:10 41:23 51:22 80:17,18 81:2,5 comparing 63:6 conversation 29:19 create 80:6 DDT 25:20 69:14 79:21 83:14,17,18 87:8 compatibility 36:1 56:4 credit 55:4 deadline 27:6 86:12 91:2,3 87:11,12 89:18 41:14 42:9 76:15 conversations 18:6 critical 90:10 deadlines 27:15 93:22 89:19 90:3 92:17 compatible 41:22 21:2,4 24:24,25 crom 66:5 dealing 101:7 difficult 27:9 36:24 96:11 98:24 41:25 42:2 68:25 33:22 35:22,23 CROSS 3:3,4,5 dealings 100:16 37:23 38:3 76:13 103:6,12 106:3 competent 37:14 54:3 56:1 98:3,7 96:9 98:22 103:9 dealt 28:24 76:16 80:7 107:8 competitive 9:9 conversion 27:9 crossed 89:24 decades 69:17,22 difficulty 36:14 clause 24:9 85:12 cooperation 97:24 current 41:8 December 78:7,24 38:12,17 99:8 clear 22:16 25:15 competitor 66:6 98:4,11,16 customarily 89:7 decide 22:4 digit 62:7 cleared 53:20 compilation 91:21 copied 97:12 customer 22:9 decision 17:9,12 dinner 101:1 dose 8:15 62:25 complete 15:11 copy 27:7 49:7 23:19 24:18,23 21:17,22,23 direct 3:2 4:10 closer 8:19 57:17 107:19 90:7 36:20 50:18 26:16 86:17 52:6 64:12 88:9 CO 2:13 completely 5:4 Cornell 6:13,19 54:17,19 67:21 decline 26:8 directed 65:2 67:9 Coaker 76:24,24 completion 86:6 Corp 6:4 68:2 76.5 79:16 deemed 9:8 Directing 52:10 77:3,10 components 20:1,4 corporate 21:23 82:19 86:15 defendant 2:6,9,13 direction 107:17 coast 35:20 comprise 59:23 correct 31:5 59:6 91:18 4:7,19 6:7 108:8 directly 8:10 28:11 coating 94:19,23 60:11 61:2,17 69:21 customer's 20:9 defined 79:11 director 11:20 12:8 94:24 concerned 47:12 70:4 89:4 94:14 customers 22:12 degree 6:12,22 7:4 32:3,11 CoUege 33:6,12,18 concerns 26:13 99:10,13,14,18 23:2,7,18 24:14 delayed 87:5 discontinued 67:4 34:1 concluded 26:5 99:19 101:12 24:16,25 27:13 demanded 90:10 discovery 43:18 combination 76:13 104:12 102:3 103:20 36:8,13 37:21,25 department 7:17 discuss 36:8 97:24 combined 10:1 confirm 5:22 52:4 106:6 107:20 38:10,16 43:13 7:20 9:24,25 98:4 come 13:22 18:19 conjunction 76:8 correspond 29:9 43:22 44:20 45:4 13:13,23 20:25 discusses 55:17 19:14,16 20:20 connection 77:10 correspondence 45:12 55:12 56:2 31:3 34:6 40:7 discussions 62:21 27:14 34:4 42:12 91:19 92:20 29:11,13 56:7 75:14 77:21 44:1 46:7 47:24 disinterested 108:3 49:23 51:9 60:15 98:16 101:25 cost 76:15 78:23 79:10 85:6 48:1 50:19 51:13 disposal 85:23 82:8 92:18 102:18 coughlin 2:10 3:5 89:6 91:3 93:11 53:13,20 54:1,5,7 distinct 10:9 44:7 comes 41:5 Conshocken 96:24 4:13 5:1 15:13 95:21 101:7 98:8 101:18 45:4 46:7 coming 23:12 consider 72:22 16:21 17:17,21 102:16,24 departments 9:7 distributed 63:24 29:25 95:14 101:11 22:18 23:23 33:8 cut 27:2,17 79:17 9:11 distribution 78:12 comment 63:12 considered 38:2 39:6 42:4 44:9 81:12 82:15 deponent 107:8,22 81:12,19 comments 53:8 91:13 103:21 47:9 consist 24:6 45:16 52:21 53:22 54:12 deposed 4:20 distributor 31:14 D deposition 1:15 4:2 35:20 96:16 Commerce 1:21 consisted 15:8 55:20 57:6 58:12 D 3:1 4:165:4 24:5 57:2 97:18 distributors 31:21 commission 106:22 consistent 89:10 58:16,23 59:3 D'ALFONSO 2:4 103:15 104:11 31:23 32:5,7,8 108:16 constructing 85:22 61:24 64:2 65:20 13:10 106:5 107:14 44:25 45:3 81:3,6 HARTOLDMONOOQ6487 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS, et al. , 82:1 97:20,25 98:4,12 DISTRICT 1:2,3 dropped 6:16 72:5 drum 37:8 duly 4:7 107:9,12 6:20 85:19 86:6 95:9 England 49:11 63:20 65:13 fatty 84:11 96:18 106:8 February 12:12 exception 73:23,25 43:23,25 44:3 34:9 67:13 foregoing 106:5 107:18 divided 77:7 during 9:13 10:3 enough 58:7 85:15 exceptional 98:13 83:1884:12 forgotten 34:1 dividing 77:6 21:2 54:25 79:8 89:5 95:22 98:15 fellow 18:17 95:15 division 11:21 32:14 97:17 103:14 Durland 66:9 ensure 62:1 entire 62:19 exceptions 27:2 Excuse 8:7 58:12 few 5:2 38:4 field 25:16 form 15:14,17 16:21 22:18 33:8 document 39:24 40:10 41:4,8 43:9 entitled 63:9 75:1 excused 104:13 fifty 46:12 42:4 44:10 52:20 E 80:22 83:19 Executrix 1:5 figure 20:6 86:3 55:6,21 71:10 43:11,1545:10 45:15,21 46:2,5 E 3:1,7 4:1,1 each 18:9 24:9 entity 33:1 90:19 exhibit 3:8,9,10,11 figures 41:13 62:8 environment 23:13 3:12,13,14,15,16 file 48:2 93:25 95:3 103:24 47:7 48:9,17 49:6 62:20 67:25 25:18 37:3,6 3:17,18,19,20,21 fill 35:9 formulations 24:13 51:3 54:9 57:1,1 Eagle 26:8 environmental 3:22,23 48:14 final 44:17 52:19 24:14 37:22 38:3 57:15,24 58:19 Eagles 26:4 14:18 26:10,14 50:23 54:14 57:2 53:9 53:15 59:4,5,15,20 64:8 earlier 70:19 101:9 63:9 64:10 72:17 67:15 74:21 78:3 find 4:13 26:1 61:4 Fort 1:21,23 12:12 64:16,22 65:2 early 10:21 11:4,16 72:19 80:19 80:14 83:14 87:8 75:23 forth 88:19 107:13 67:14,19 68:9,10 17:9 22:7 26:5 83:19 89:20 90:1 exhibits 45:17 finding 25:3 36:14 forwarded 51:12 68:15,17 71:21 44:16 84:16 errata 105:1 106:9 51:17 97:17 38:17 found 14:14 25:18 73:15 74:25 75:4 100:17,18 102:9 essence 20:23 existing 48:8 79:6 fine 25:23 40:14 25:19 26:2 63:13 75:19 78:6,14 Earth 14:14 44:2 essentially 61:13 exists 48:9 finish 15:15 22:15 four 45:9 59:21 80:13,17,19,25 easiest 89:9 established 55:8 expect 25:19 26:1 finished 25:22 61:5 83:21 83:17,19 84:10 easily 50:6 Estate 1:6 55:25 48:25 52:9 66:18 frame 79:20 87:12,15 88:5 east 10:11 35:20 et 1:8 2:2 expected 5:3 82:5 66:19 96:5,6,6,7 Fred 18:17 30:20 89:18,22 91:5 easy 38:4 etcetera 42:19 77:5 expense 35:9 96:7 30:24 99:22 92:7,16 93:18 ecological 85:4 Europe 65:15,18 experience 42:20 fire 76:15 from 5:17 6:13,13 96:5 economically 72:6 66:4,6,22 67:3,7 76:12 fire-retardant 6:21 10:9 13:21 documentation EDELMAN 2:14 67:10,13 86:15 experienced 95:21 68:24 16:14,18 17:7,10 84:22 97:10,14 edits 53:8 86:24 87:4 experiences 77:21 firm 26:23 17:13 18:2,8 97:16 educational 6:11 European 66:5,5 expertise 95:11 first 4:7 5:15 7:8 19:19 20:25 21:6 documented 55:23 effect 55:1 even 73:24 expires 106:22 7:14 17:8 22:4 22:17,21 23:7,21 documents 47:3,22 effort 52:7 76:5 event 5:19 108:16 24:19 33:11 40:9 24:4 25:9 26:12 51:22 58:4 62:1 eight 41:4 79:24 events 34:5 103:13 explain 19:25 41:17 43:20,24 26:16,21 27:3,20 71:17 93:9,12 80:5 108:6 53:23 52:23 54:16,19 27:24 29:10,24 doing 8:16 80:9 either 33:18 51:16 ever 29:18,20 exported 90:15 55:4,12 63:18,24 30:5,17 37:1,21 Dollars 68:8 58:6 68:20 69:20 32:17 33:17 expressed 36:13 65:4 67:25 68:1 37:25 38:10,15 domain 85:16 83:9 108:5,7 43:14 52:11 77:9 extent 63:13 75:3 83:24 85:3 39:3,5,18 40:24 90:12 elevated 88:19 91:21 92:18 93:9 extra 81:11 107:9 41:12 44:8 45:4 dominantly 31:24 Elmer 20:24 21:1 done 14:22 24:11 ELSER 2:14 93:12 97:9 101:22 102:15 fish 26:3 F fits 47:7 45:13,23 46:6,7 47:1,24 48:19 63:15,17 79:23 employ 108:7 Everett 49:9,13,14 F 2:7 7:17 8:24 five 61:5 50:18 51:4,9,24 80:5 100:8 employed 6:24 7:7 everybody 4:11 facilities 29:21,23 flip 60:21 70:6 51:24 54:2,25 102:22 7:8,9 12:14,16 everything 32:12 29:25 88:24 55:6 60:2,6 62:3 dose 46:12 99:17 evidenced 107:24 fact 81:2 82:13,14 flipping 68:14 62:10 64:23,25 down 5:17 34:5 employee 12:21 Evidently 88:3 84:7 fluid 85:12,13 90:7 66:22,25 67:20 37:7,19,20 41:12 29:8 42:21 92:17 Ewing 1:22 factors 26:15 90:13,16,19 68:2,6,22 69:8 41:24 44:13 49:6 95:1 exact 10:2 11:7 facts 71:18 fluids 39:11,19,21 70:25 71:3,4,6 54:16,24 57:22 employees 31:20 13:17 25:13 fading 8:8 45:10,12 85:15 72:14 74:11 76:9 60:7,15 63:21 32:19 63:16 fails 96:18 foam 77:5 77:11 78:19,21 68:12 76:21 employment 91:1 exactly 22:23 fair 58:7 85:15 focussed 95:20 79:22 80:3 82:12 85:18 87:2,15 enclosed 56:16,20 27:17 42:12 48:9 99:15 Focussing 81:1 83:8,10,11,25 Dr 20:24 50:9 51:4 59:5 69:6 51:14 86:6 94:17 Falcon 26:7 foil 37:16 84:14 86:12,24 51:12 76:23 77:2 end 8:24 20:1,5,6,8 EXAMINATION Falcons 26:4 folks 77:7 87:1,23 89:8 77:4,9,24 101:16 62:20 68:16 3:2,3,4,5 4:10 familiar 21:1 33:7 follow 44:16 91:14,20 92:10 drafted 23:1,5 81:13,13,23 96:9 98:22 103:9 40:4 44:15,19 103:11 95:9,21 97:21,25 75:19 103:14 examine 61:25 52:13 66:10 following 7:9 34:6 98:5,8,10,11 drain 102:10,11,13 ended 81:13 87:25 examined 4:8 78:16 48:3 99:16,17 100:23 Drawing 84:23 ends 61:16 107:12 far 34:18 46:15 follows 4:9 88:18 101:10,15 drink 35:10 engineer 7:16,20 example 19:5 23:5 47:11 81:20 food 102:1,1,7,18 front 31:4 58:10,15 Drive 108:21 23:12 94:4 88:10,23 94:5 102:19 58:21 drop 94:5,16 engineering 6:12 except 48:10 61:1 Farley 77:4,24 force 31:24,25 33:3 frozen 37:15 HARTOLDMONOOQ6488 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al. , vs. ARMSTRONG WORLD INDS. , et al. , full 55:3 Government 91:11 95:16 86:9 82:15,19,22 83:7 50:6 93:1 100:18 functional 39:11 graphite 37:2 helping 78:16 incinerator 85:23 involved 72:4 85:8 know 4:19 5:7,13 45:10,12 85:12 great 6:16 her 1:7 86:13 90:22 100:11 8:17 10:16 12:25 85:15 90:13 Greene 2:11 hereof 107:25 include 16:11 24:7 102:10,12 18:1 19:17,20 further 23:4 43:8 Greensboro 2:12 heretofore 107:12 35:13 47:18 involvement 67:5 20:22 21:14,14 50:22 51:15 ground 5:1 Hi 98:25 99:1 included 15:8 ironic 14:15 25:12,14 26:18 63:11 74:20 group 16:3 40:5 high 86:10 16:16 102:24 issue 74:2 85:25 27:10,10,11,12 80:12 83:12 87:6 guess 5:5 6:22 9:17 highest 21:18 including 100:1 94:12 27:14,17 30:6 89:11 92:15 96:2 11:20 25:14 Hill 2:8 incompatible 31:6 33:11 34:5 104:8 108:2 51:14 53:16 him 15:15 21:2,4 41:13 J 35:25 36:2 37:17 furtherance 22:5 58:17 68:5 70:18 32:6 37:18 52:6 incorporate 89:8 J 66:9 38:2 41:7,19 42:5 _______ G_______ 86:5 92:25 93:13 93:16 103:5 52:22,25 53:23 57:5 62:4,6,6,8 independent 79:1 January 83:20 Indiana 107:1,6 Japan 66:13 67:7 42:8,13 43:1,22 44:14,15,19,22 G 4:1 guidance 22:6 62:11,13 77:14 indicate 5:9 66:15 67:10,13 90:3,6 47:10,15 48:9,11 gaining 18:5 Guide 39:25 84:19 91:4 individual 36:8 90:16,19 48:12 49:10,24 Gannon 49:9,10 guy 12:24 14:8 100:24 101:3,5,5 56:2 Japanese 66:15,16 50:16 53:11 54:6 50:1 18:20 37:12 his/her 107:24 individually 1:7 JERSEY 1:3 54:19 55:11 56:9 Gateway 2:15 66:10 84:21 hold 62:11 indoctrinating JH 49:9 56:18,21,22,24 gears 29:7 guys 13:7 96:3 hours 20:19,19 18:21 JOAN 1:5,6 2:2 58:4,7 63:12,16 general 12:2 28:23 humans 47:20 industrial 11:21 job 13:14,19 16:15 63:17,17,18,24 34:8 48:3 50:14 _______ H_______ hundred 41:23 industries 1:10 2:6 21:7,8 64:19 65:5,8,17 77:18 100:1 H 3:7 42:8 4:18 6:5 99:11 Joe 12:25 33:14,22 65:24 66:2,11,20 generally 64:14 Haddonfield 2:7 Hunt 45:23 48:19 inert 68:23 John 7:17 8:24 66:24 71:2,4,8,15 84:13 half 11:1 12:24 50:9 51:5,12,13 inform 102:15 50:1,6 71:16 72:1,8,15 gentleman 76:21 28:8 61:5,21 62:7 101:16 informal 91:13 join 12:22 72:17,25 73:2,2 gets 57:4 hand 45:16 108:9 hydraulic 39:21 information 20:12 joined 13:13 75:25 78:9 81:4 getting 42:15 handled 29:16 20:21,23 40:5 juice 37:15 81:18,21 82:18 Gillespie 12:25 handling 61:17 I 43:6 47:25 49:25 July 51:4 55:4 83:5 85:9 86:21 give 6:10 11:6 63:1 73:10,19 idea 80:6 90:17 50:20 66:14 June 48:19 89:19 86:21 87:23 88:1 17:17 23:9,11 74:10 88:7,15,25 identical 60:2,5,9 74:10 84:11 89:7 jurisdiction 107:11 88:23 90:18 24:3,21 26:23 102:1 61:6,22 62:2 100:20 101:20 just 4:17,22 5:2,12 92:24 93:3,6,12 30:8 40:12 79:21 handwritten 40:8 identification 102:24 104:6 5:22,25 6:10 8:9 93:14 94:1,7,17 given 53:2 106:7 happened 51:14 48:15 50:24 informed 49:21 9:8 10:3 17:2,21 94:21 95:9,22,25 giving 36:20 71:16 72:24 92:4 51:1967:16 ingredient 38:12 19:17 22:15 96:24 100:14 glass 42:16 happening 98:14 74:22 78:4 80:15 38:16 23:15 24:3 25:12 101:20 103:12 globally 16:17 happy 5:7 57:1 83:15 87:9 inhalation 74:1 35:16 39:24 41:1 knowledge 10:6 go 5:2 14:19 18:1 hard 27:13 36:21 identified 26:10 inhibited 26:6 41:4 45:16 48:18 66:1271:13 18.10 19:4 25:23 hardly 81:22 59:16 input 23:6 52:19 49:1 50:6 52:3,4 72:13 85:2 90:21 37:18 38:20,24 having 4:7 8:14 identity 96:25 insignia 42:18,22 54:19 61:9,24 96:14 104:3 42:11 59:18 28:6,7 31:16 38:1 H 2:4 45:9 instances 36:19,20 62:22 63:12 knowledgeable 60:14 61:3,7 38:12,17 43:16 imagination 71:14 37:10 64:14,15 70:9 96:16 89:13 101:1 46:1 51:9 52:19 imagine 20:19,20 instead 90:10 73:8 77:18 78:9 known 6:5 41:21 103:5 56:6 80:1 99:2 50:8 52:17 71:5,6 instructed 101:24 83:22 87:3 92:16 Kremrick 10:10,11 going 4:13 13:12 102:6,13 71:11 81:23 instructions 96:13 93:7 95:25 96:13 22:9 24:4,20 37:6 Hazards 63:9 implement 21:9 intended 75:12 99:6 103:11 _______ L 41:24 43:11 44:9 head 4:21 17:22 67:10 intending 24:6 104:7 L 1:25 107:4 45:20 46:16 headed 64:9 implementation 80:24 108:14,20 48:17,25 53:15 heading 43:22 67:6,12 91:19 interaction 100:24 _______ K L-95-CV-02849 53:21 55:20 headquarters 12:6 implemented 22:2 interactions 77:13 keep 54:14 72:7 1:8 56:25 57:4 59:11 12:7,10 36:7 79:15 interested 108:5 98:11 lab 42:13 46:10 62:6 67:18 68:21 hear 5:7 15:10 implementing intermediate 8:5 Kelly 20:24 labeled 47 .3 71:9 73:8 78:10 99:5 16:18 18:2 interrupt 28:3 49:2 kind 10:18 14:18 labels 101:23 80:21 83:17 86:4 heard 5:9 important 15:11 94:9 27:11 34:7,13 102:2,5 87:11 hearing 8:17 13:8 23:17 29:15 30:2 interview 14:4 40:4 48:4,5,7 lack 70:7 gone 36:5 62:22 37:21,25 38:1,10 30:4 introduced 5:19 50:13 76:4 92:11 language 73:22 93:5 94:18 38:15 80:2 99:2,8 Imports 90:8 41:7 48:6 95:24 88:21 89:8 good 4:16 20:3,3 held 7:14 37:15 improvements 9:9 introduction 60:13 kinds 18:23 26:6 large 30:7 25:23 76:14 88:5 help 55:15 76:5 inc 1:10 6:5 inventories 27:11 35:10 largely 53:17 goods 55:2,5,13,17 helped 68:20 incinerate 86:8 81:4,14 82:2 Kirsch 49:20 larger 48:11 55:19,24 56:9 helpful 18:21 incineration 85:21 inventory 82:11,14 knew 47:19,19 largest 30:9 HARTOLDMONOOQ6489 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al. , vs. ARMSTRONG WORLD INDS., et al., Larimore 1:25 like 7:23 10:21,25 looked 92:1 46:25 50:3,5,5,7 Massachusetts 6:6 42:19 107:4 108:14,20 14:1 15:3 19:5 looking 40:10 50:1996:19,21 49:14,24 minor 9:8 66:17 last 15:24 27:18 25:1,13 26:4,7 41:11 47:6 53:9 96:25 97:24 98:4 material 16:10 minute 40:12 42:17 57:20,20 33:13 35:8,9,15 62:4,5 69:11 98:8 99:22,25 72:20 81:14 mix 42:10 79:8 39:23 40:4 46:11 91:1092:11 100:4,6,8 103:23 Modest 14:21 late 11:2,4 100:16 102:9 47:7,18 53:12 55:9,22 57:17 95:13 looks 15:3 40:4,4 managers 18:5,12 materials 8:6 modestly 103:4 18:14 20:14 29:1 34:16,20,23 69:1 modified 53:14 later 40:18 95:14 58:1,2,3 60:15 55:9,22 57:17 31:25 35:23 77:1 81:10 55:1 latest 56:14 58:24 61:7,24 62:25 58:1 60:15 64:23 manner 58:4 matter 13:20 48:7 moment 4:17 Laurel 2:5 64:23 67:9 68:11 68:11,19 70:18 manual 35:5,7,15 53:12 19:24 29:7 69:12 LD 101:14 68:19 70:18 74:3 74:3 75:5 78:16 manufactured may 13:17,17 mono 72:10 74:13 LD50 46:11 74:8 75:5 77:2 83:25 86:25 87:3 10:5,7,8 90:19 16:14 28:23 monsanto 1:12 2:9 lead 35:14 79:25 83:25 89:5,24 manufacturing 43:24 44:4,19,20 7:9,15,25 11:17 learn 18:15,24 85:11 86:7,25 lose 43:10 13:25 14:2 34:17 45:22 53:16 12:14,16,21 13:1 19:10,19 28:16 87:3 89:24 92:22 loss 85:3 65:15 55:1965:14 20:15 21:3,19 learning 18:10 94:6,20 95:16 lost 85:5 many 18:5 20:19 70:22 72:5 89:20 26:11,13 29:9,25 least 46:20 101:1,14 lot 24:24,24,25 64:14 91:17 90:2 92:4 97:19 30:15,18 31:9,20 leaving 9:22 12:23 limit 79:10 29:12,13 30:5 March 78:22 79:7 maybe 18:19 36:25 32:19 33:1,4 34:3 left 9:21 11:7 12:16 limitation 79:16 36:10,24 38:3 86:17 87:12 79:6 98:13 100:3 34:23,24 42:21 12:22 95:14 line 18:25 21:16 80:8 95:15 mark 57:1,7 MBA 6:13,21 7:5 43:3,18 45:3 100:13 22:7 37:19 41:7 Lothar 1:6 marked 39:24 9:13 13:24 47:25 49:15,18 legal 2:4 53:20 50:2,17 56:15 Louis 6:14,21 7:18 43:11 45:21 mean 9:5 14:18 51:24 53:21 55:1 54:1,4,7 76:11 79:6 87:16 11:23 12:5 48:15,18 50:24 22:24 24:23 58:5 59:22 60:6 legitimate 71:11 91:14 105:2 low 76:15 51:3,18,22 52:11 29:12 35:8 41:14 60:10 64:25 65:9 Leo 108:22 lines 101:24 lower 54:24 60:8 54:15 57:2,4 41:16,17 42:1,2,7 65:17 66:3,12,21 less 55:3 link 81:11 85:13 58:20 64:22 42:24 56:24 66:24 76:2,10 let 5:7,13 8:17 16:2 lipid 26:3 lubricant 37:2 67:16,1973:15 57:23 84:8 93:7 78:20 79:10 81:5 22:15 24:3 25:7 liquids 60:19 lunch 35:10 74:22,25 78:4,7 93:17 94:9 96:4 81:6 83:8,10 85:5 29:7 33:11 38:20 list 65:1 68:8 69:7 52:21 54:19 76:2,10,21 78:12 M 80:15,18 83:15 83:18 87:9,12 101:2 103:3 means 5:7 9:6 85:22 87:3 90:15 90:18,18 91:1 57:19 59:14 listed 41:6 42:22 machine 107:15 89:19 97:17 41:13,14 92:18 94:25 60:14 63:12 44:4,5,6 46:17 made 17:9,12 20:3 market 13:21 meant 19:25 96:15 99:18 67:25 78:6 79:18 54:21 84:6 91:21 21:12,18 30:3 14:17 16:19 17:7 measured 42:13 100:16 101:7 92:16 102:8 listing 43:23 44:17 17:10,13 18:2,8 medical 20:25 46:7 102:9,12,15,25 let's 10:19 18:9 lists 42:20 MAE 40:2 43:14 21:6,11 22:5,17 47:24 50:19 Monsanto's 31:21 19:15 41:18 57:7 literally 95:6 45:22 48:20 51:5 22:19,21 23:8,21 51:13 40:1 46:6 65:11 70:6 74:3 87:2 literature 18:11,23 51:25 52:3 57:12 24:19 25:9 26:12 meet 36:8 76:5 89:13 19:1,20 20:16 57:21 64:11 26:17,21 27:3,20 meetings 14:23 months 26:24 lethal 46:11 101:23 67:23 75:2 78:8 27:25 39:3,5,18 101:3,4,5 75:25 79:9,24 letter 22:11 23:1,5 litigation 96:12 87:13 90:1 40:24 45:13 47:1 memory 5:4 55:15 80:5 81:24 82:9 23:19 44:16,16 102:10,13 maertin 1:5,6,7 2:2 55:1,6 66:4,7,16 78:17,18 96:18 86:7 44:17,17,21,22 little 8:18 13:14 major 9:10 11:15 66:16,22,25 mention 19:7 more 9:8 11:6 44:22,24 48:19 22:6 28:7 29:14 27:13 53:12 70:20,21,23,25 mentioned 19:9 16:19 24:3 35:1 49:19 51:4,8,24 31:11 35:17 52:7 62:17 66:5,5 85:3 71:3,5,7,23,25 30:2,14 33:24 43:4 79:7 87:2 52:11,15,20,22 79:20 80:1 100:3 72:7,14 76:9,25 35:17 36:22 70:9 95:16 53:9,11 54:19,20 logical 44:15 make 21:21 52:25 77:6,1178:19,22 103:14 Morgan 19:17 54:23 55:12,18 lois 2:4 13:9 59:14 76:15 82:8 86:24 87:1 met 4:16 25:2 55:19,23,25 long 5 :13 7:19 91:24 94:20 87:22 91:20 metabolism 26:7 morning 4:16 56:14,20 58:9,22 10:23 20:19 making 8:6 14:1 97:21 98:1,5,10 47:19 moskowitz 67:20 68:2,6,22 . 21:16 23:14 man 44:21 100:18 100:23 101:10 mid 25:14 86:3 2:14 69:6,8,1278:8,11 47:20 71:19,19 manage 95:10 marketed 40:20 middle 54:24 62:19 most 36:23,23 87:13,19 89:1 103:14 managed 93:6 marketing 10:15 88:9 40:17 82:10,13 letters 22:12 23:20 longer 74:1,7 manager 10:17,19 11:16 13:13,23 midst 99:3 96:15 44:7 45:2,4,11 look 21:25 40:12 10:24 11:8,9,13 14:16 23:13,14 might 48:11 53:24 move 8:18 13:22 86:15 97:19 41:14 45:24 11:14,22 12:3 31:3 32:12,13 54:4 66:7 97:12 moved 11:7 12:12 101:15 48:25 51:6 55:16 13:15,16,19 40:7 44:148:1 mildly 103:4 12:24 14:16 letting 23:15 56:9 58:2,3 61:9,15 14:20,24 15:6 64:24 80:22 81:1 mind 31:16,20 Moving 42:17 Jevel 21:23 62:25 73:14 74:8 16:4,16 17:1,8 84:25 35:24 41:5 84:19 56:12 levels 21:18 78:9 80:20 83:23 21:19 25:8 31:13 markets 39:11 98:17 Mt 2:5 life 13:25 92:16 94:2 32:1,6 33:21 67:9 mineral 1:13 2:13 much 29:15 42:10 HARTOLDMON0006490 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEY!PAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS, et al, 42:14 47:11 76:1 70:22 71:23 58:12,14,15 61:4 others 19:17 30:15 paint 94:20 102:11 79:16 80:7 81:20 noted 106:9 79:17 81:12 62:10 63:21 otherwise 24:8 102:13 83:4 93:3 94:1 notes 92:16 82:16 89:13,16 64:12 68:4,11,17 108:5 paints 38:12,14,17 99:9 notice 42:18 49:5 offered 70:12,15 68:19 71:25 ourselves 9:9 Papageorge 14:24 multi 70:22 54:16 70:17 74:20 78:2 81:4 out 14:1,14 16:12 64:24 84:1,14,17 must 9:17 21:20 notification 22:9 office 12:10 49:15 83:13 85:13,22 20:5,7,17 22:12 100:16 32:23 33:21 23:19 49:17 51:10 87:7,18,24 89:12 22:22,23 23:1,6 paper 27:7 90:8 34:12 36:1 41:9 notifications 24:23 65:14 89:14,22 90:14 23:12 24:18 paragraph 54:24 58:11 70:21 notified 24:16 offices 12:2 42:20 92:10 95:12 97:3 31:16,19 35:16 63:6,6 73:25 76:7 86:25 91:23 55:13 oh 11:1 25:21 99:21 100:2,3 37:18 42:12 79:4 82:6 84:24 myself 107:17 notify 24:18 36:15 38:9 60:9 103:11 44:16,16 49:21 88:10 89:1 Notifying 22:16 61:23 65:23 ones 28:24 29:4,6 49:24 50:10 paragraphs 89:4 N number 42:7,9 okay 4:16,22,25,25 36:24 46:8 94:11 53:15,21 54:9 Park 84:25 N 3:1 4:1 45:22 51:25 52:2 5:10 6:18 7:3,24 94:12 100:3 58:4 60:18 69:2 part 14:24 16:11 name 8:4 12:24 52:3 54:11,11 8:21 9:1,15 10:20 only 12:25 15:4 86:3 88:5 89:1 33:6,24 44:1 15:3 18:18 19:16 57:12,23 61:2 11:5 13:4,8,9,9 19:16 21:9 37:5 91:21 96:23 54:24 55:6 60:7 21:1 32:2 36:20 62:14 68:17 13:10 15:22 16:6 41:3,5 79:24 80:5 101:1 60:14 62:22 46:17,22 65:4 81:24 17:22 19:7,19 83:21 outer 37:16 81:17 66:8,10 84:5,18 numbered 40:2 24:10 28:10,13 open 59:20 73:9 outset 24:4 participate 32:24 87:16 96:11 43:14 48:20 51:5 28:15 29:1 33:11 86:19 outside 46:10 32:25 33:18 34:3 named 14:8 18:18 64:11 67:23 41:11,20 42:17 opening 88:6 outstanding 5:14 participated 34:12 NASA 37:1,7 73:16 75:2 78:8 43:2,8,14 44:12 operating 96:20,23 over 5:2 13:22 participating nature 77:13 87:13 45:20 46:4 48:13 operation 11:15 14:1132:12 32:18 53:8 Navy 7:9 numbers 41:16,17 48:25 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103:18 107:18 39:18 54:25 74:1 HARTOLDMONOOQ6491 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. 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107:11 41:22 42:10 Press 77:25 97:21 98:8,10,17 purchase 27:5 84:9 106:4 Pennsylvania 55:12 65:18,24 pressures 27:15 99:25 100:4 79:17 83:8,9,10 107:22 96:24 66:13,21,25 81:7 presumably 40:23 102:17 purchased 30:7,10 reading 18:11 people 18:13 19:18 85:6,7,11,14 pretty 50:13 99:3 production 8:1,22 79:6 99:17 20:15 19:2123:13 25:1 86:23 91:3,22 prey 26:4 9:1 11:15 90:24 purchases 102:16 ready 4:12 25:1 29:2,2,16,17 92:19 95:24 price 60:8 68:8 91:15 purchasing 79:19 really 10:1,16 29:24 30:17 plasticizers 10:16 69:7 85:13 products 10:5 purpose 100:1 13:18 21:14 24:6 31:19 33:16,22 13:13,20,21 17:6 prices 69:13 13:15 15:6,8,9 push 43:9 27:10 35:21 33:25 34:3,16 18:12 20:3 22:21 primarily 93:4 16:3,7,8,9 17:7 put 33:14 42:15 52:16 71:15 53:18 65:1 76:22 23:8,22 25:10 primary 30:20,23 17:10,13 18:6,10 58:4 59:11 63:5 79:21 76:25 79:18,21 26:17,22 27:3,19 31:11 32:4 33:16 18:16,24 19:1,3,4 63:16 73:21 75:5 reason 63:16 105:2 101:18 27:20 29:3 30:5,6 36:2 96:22 98:6 19:10 20:2,4,10 75:22 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75:20 86:2 89:24 48:8,8,11 50:3 question 5:6,9,10 82:12 85:10,21 perspective 92:10 100:1 problem 26:10 62:21 65:18,25 5:14 15:10,14,15 87:17 95:8 98:18 pertain 74:7 plastisol 37:22 27:9 28:6,7 47:11 66:13,21,25 67:7 15:17,20,24 24:3 100:10 102:4,5,8 phasing 16:12 38:2 94:23 104:4 64:10 72:19,22 69:3,7,13,20 70:1 24:9,19 25:24 102:12,15,23 phone 28:12 29:19 Plastisols 95:22 72:22 80:19 71:22,22 74:11 33:9,17 34:19,22 103:1 36:10,11 50:9 please 30:22 83:19 86:9 89:20 74:12 76:1,11,16 44:10 53:2,25 receive 47:2,23 96:3 plus 16:9 90:2 92:12 77:5,6,15,22 58:16,19 59:9 49:24 84:8,9 Phosgard 16:9,12 point 14:7 26:5 problems 8:13 9:6 80:10 81:7,8 82:7 71:10 91:9 95:5 received 6:14 phosphorous 16:10 60:6 72:5 76:4 18:7 19:24 72:18 82:15,16,19 83:8 questions 5:3 98:11 photocopies 57:21 85:22 76:6 77:16 99:2 85:6 86:23 87:4 17:24 28:8 43:8 receiving 49:7 pick 15:1141:16 policy 53:12 55:2,5 proceedings 90:11,25 91:3,22 49:1 50:22 51:15 64:16 84:2,3,4,8 50:8 55:13,17,19,24 107:20 92:23 93:10 95:7 52:7 63:11 64:13 84:10,13 picture 84:19 56:10 process 23:5 24:10 97:25 100:2 74:20 80:12,21 recent 40:17 pieces 19:20 67:25 pollution 26:14 28:18 70:22 101:25 102:1,7 80:25 83:12,22 recess 38:22 64:5 place 21:5,10 Polychlorinated 95:10 102:19 103:2 87:6 89:11 92:15 89:15 26:12 31:24 6:1 100:21 processing 12:19 profit 72:6 95:20 96:3,14 recipient 75:12 35:24 63:21 polyphenyls 73:24 101:25 profitable 21:17 98:21 99:6,8,21 recipients 55:25 65:15 67:3 71:25 74:13 produce 92:10 23:16 103:11 104:9 75:13 86:1,8 93:5 Polysulfides 77:4 produced 43:18 program 9:10 106:7 recognize 43:25 107:21 population 26:9 product 10:16,17 33:13 quick 92:16 96:13 75:4 76:13 83:24 placed 79:16 portion 91:5 10:18,19,23,24 programs 64:25 quickly 24:15 recollection 10:25 places 20:21 25:18 position 7:14,24 11:17,22,23 12:3 project 9:16 11:14 26:24 21:9 24:10 27:22 25:21,25 41:24 10:14 14:5,25 13:16,19 14:20 82:13 quit 26:25 27:10 28:21 29:20 plaintiff 2:2 108:8 18:3 15:7 16:3,4,7,16 prompting 91:9 80:9 34:13 44:7 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CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. 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55:2,5,13 salesmen 32:8 41:23 43:20 shift 29:7 regards 9:16 47:4 replaced 59:4 55:17,18,24 56:9 34:23 44:18 46:16 49:3 shipment 27:18 47:25 73:1 99:23 replacement 34:20 returned 55:3 salesmen's 35:5 55:16 59:22 shipped 91:18 regional 11:8,8,13 36:14,16 37:24 reused 62:10 salicylic 8:2,3,22 60:14 74:4 87:2 shipping 80:10 31:13 32:6 35:23 38:18 71:22 75:1 review 23:16 90:10 salt 42:15,16 88:12,17,25 91:1 short 47:11 50:4,5,7 96:19,20 75:10 76:3,11 reviewed 53:17 same 19:20,20 91:21 93:9,12,23 shorthand 107:5 96:25 97:23 98:3 replaces 59:1 54:2,7 97:17 27:15,15,21 97:9 101:22 107:15 100:5,7 replacing 38:13 102:21 28:18 29:2,4,6 seeing 41:2 63:23 show 39:23 43:11 regular 79:20 report 64:10 80:20 rich 37:3,6 51:8 58:21 60:16 68:3 45:20 48:17 related 28:19 83:20,25 84:24 RICHARD 2:10 60:25 61:14 63:7 seems 33:13 47:7 56:25 57:5 67:18 73:11 102:1 89:20 90:1,2 right 1:84:118:10 63:21 66:25 92:22 71:18 73:8 78:6 relating 74:6 REPORTED 1:25 9:22 12:11,23 73:22,25 74:3,9 seen 40:3 42:21 83:17 87:11 relationship 96:16 reporter 5:16 13:4,12 14:12 74:11 86:19 43:7,15,16 46:1 showing 51:2,21 relationships 23:17 15:11 39:25 39:23 45:1 46:1 88:21 89:4 92:9 52:11 53:14 56:6 64:8 73:11 74:24 HARTOLDMONOOQ6493 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEYTOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., 80:17 89:18 92:24 94:19 103:17 104:2 94:2 take 14:17 18:9 Thank 30:25 48:23 shown 53:16 78:15 97:12 99:8,9 specifically 15:2 student 33:18 20:4,4,5 21:11 97:6 98:21 104:7 84:4 102:20 103:24,24 16:6,19 25:19 studied 20:22 51:6 67:25 80:20 Thanks 28:13 shut 37:7,18,20 somebody 32:2 38:1,11 53:10 stuff 14:17 84:22 83:23 92:16 their 24:17,19 81:3 shuttle 37:3,3 83:11 55:23 73:15 sub 43:22 taken 1:2138:23 81:14 82:1,21 sic 10:10 12:24 66:5 74:5 someone 44:20 46:6 53:13 92:12 77:10 92:25 97:10 100:11 subheading 44:24 subject 68:22 64:6 70:20,21,22 99:12 89:16 107:14 themselves 70:17 side 10:11,13 16:14 95:6 102:5,23 98:18 100:20,21 taking 5:17 9:12 thermal 76:14 54:15,15 59:21 someone's 90:24 specifics 27:17 104:6 24:18 86:1 thing 4:22 5:16 59:21 63:5,6 something 7:23 73:21,21 101:6,6 9:18 10:21,25 30:8 44:13 subjected 90:9 speculate 5:5 23:10 subscribe 107:23 talk 15:6 talked 19:9 33:25 21:9 41:5 78:21 79:23 80:4 81:25 signature 52:14 14:2 35:1 41:1 52:25 53:6 SUBSCRIBED 77:15,19 86:5 68:12,13 75:16 42:14 53:12 58:1 speculation 71:13 106:16 talking 15:7 18:4,4 things 9:24 18:22 87:16,17 106:1 68:19 71:24 75:5 81:17 substance 35:13 18:11,13,13,19 22:7,22 34:6,8,11 106:11 107:24 79:24 81:18 spelling 97:7 substantial 82:9 20:9 31:2 35:11 39:13 44:18 Signed 105:24 sometime 40:20 spend 24:12 substitute 25:4 39:2,12,13 74:12 47:1861:19 significant 27:2 somewhat 14:15 spent 20:19 80:8 70:12 83:8,9 94:7 71:25 72:24 86:9 silos 102:10,11,14 87:5 spirits 1:13 2:13 substitutes 69:2 talks 53:14 86:5 87:2 94:5 95:12 Simandle 1:9 somewhere 12:1 6:6 42:19 substitutions 38:5 task 76:13 95:8 101:14 102:20,21 similar 42:14 100:7 spoke 29:2,3 successful 72:2,3 teacher 33:19 think 8:1 9:20,22 79:19 soon 37:20 sponsored 33:14 sudden 6:16 tech 7:20 10:7 13:18 14:13 since 13:2 31:13 sorbic 11:15,17 ss 107:2 suggest 95:19 technical 7:16 19:5 15:1 16:14 19:23 81:11 103:22 12:4 St 6:13,21 7:18 suggested 52:4 20:1625:15 22:6 29:18 32:1,2 single 62:7,14 sorry 6:17 8:9 13:6 11:23 12:5 suggestions 75:1 28:19,21 33:16 33:20 34:18 sir 41:11 89:23 15:9 17:19 23:9 stability 76:14 75:10 76:3,11 35:1 42:22 52:1,5 36:25 40:16 45:5 sit 26:20 97:14 25:21 28:10 stand 31:15,19 Suite 2:4,8,10 56:12,19,22 46:24 47:21 53:3 sited 101:15 30:21 34:4,19 standard 18:25 summaries 47:24 57:10,18 58:8,21 59:8 66:3 70:9,19 sitting 94:12 101:5 48:21 57:20 50:13,17 summary 64:23 60:21 61:16 70:20 72:21 situation 47:8 six 26:24 41:3 61:5 60:10 63:2 73:24 start 42:15 49:1 80:3 88:10 94:9 59:1460:10 92:13 superseded 56:22 62:18,19 63:3 73:3,9 88:15,22 75:20 79:18,22 80:8 81:20,21 75:25 79:9 97:4 started 14:1 26:25 supersedes 59:1 89:8 95:6,11 85:13 87:23 sixties 100:17 102:9 sort 9:25 22:8 28:23 35:4 41:4 79:23 80:4 86:2,7 supervisor 8:2,22 telephone 8:11,14 starting 76:4 82:8 9:1,15 10:18,24 13:7 24:24 92:21 93:1 94:4,6 94:10,15 95:4 sixty 7:10 66:7 81:25 84:21 starts 49:20 54:25 11:23 Telephonically 2:3 101:9,18 102:20 sizes 69:14 92:25 94:19 60:18 89:1 supervisory 9:3 2:13 103:7 skill 107:15 95:10 100:19 state 64:12 106:13 10:1 tell 13:14 16:6,19 thinking 32:9 skin 89:2 sorts 41:22 106:20 107:1,6 sure 4:19,25 6:9 20:1821:15 third 6:7 59:18 skip 64:14 sound 85:11 stated 52:24 14:6 16:22 21:1 27:16 30:9 34:9 thirty-nine 60:22 slim 23:16 sounds 86:7 states 1:267:1,4 21:20,24 22:7 40:11 41:11 43:6 though 25:24 47:5 small 57:22,22 sources 20:12 90:5,8,15 33:9 36:15 37:19 81:11 47:6 66:4 socially 101:1 Soya 12:17,19,22 stating 55:2 38:14 43:3 59:14 telling 22:13 thought 17:20 Soil 12:18 soybean 12:19 status 64:10,24 65:13 77:23 temperature 86:10 37:17,18 70:19 sold 8:3 35:25 space 37:3,4 72:15 80:20 82:17 89:5 91:23 temperatures 71:19 65:18,24 66:15 speak 8:10 19:12 83:20,25 84:5,13 98:6 101:3 88:11,19 three 19:15 57:25 67:4 82:10 20:24 84:24 89:20,25 surprise 43:5 ten 86:6 61:5 70:8 72:24 Solubility 60:18 speaking 18:15 90:2 surprised 92:9 term 33:7 47:11,20 83:21 86:14 solution 42:11 20:13,14,15 Steel 84:25 85:10 surprises 93:24 terminated 90:7 90:23 91:8 some 9:23,24,25 28:11 step 70:22 Sutton 18:17 30:20 terms 22:19 53:22 through 8:24 9:19 18:11,25 19:2 special 29:15 steps 23:20 24:22 30:24 99:22 53:25 86:3 14:19 18:5 31:13 21:2 22:8,22 specific 16:15 20:2 Steve 32:2 100:7,11 terphenyl 37:13 36:1 40:2 43:14 25:11,11,14,15 21:3 23:10,11 sticks 98:17 sworn 4:8 106:16 terphenyls 70:10 49:1 50:18 51:9 25:16 31:24 24:22 28:24 still 12:14 38:8 107:9 70:14,16,24 71:2 55:4 57:12 59:12 33:21,25 34:8,8 31:20 34:5 35:21 63:14 73:3 76:17 system 81:19 74:13 60:7 61:7,11 36:1,11,11 40:15 40:17 41:6 53:18 35:22 36:19 81:7 82:15 42:24 44:645:6 stock 79:22 82:11 test 6:15 62:20,22,22 T tested 87:24 67:12 68:15 78:8 61:1965:15 52:6 54:3 56:4 storage 102:1 T 3:7 testified 103:12,16 85:12 67:22 71:2 U2 75:24 81:14,15 62:12,12 66:14 stream 86:5 67:8 68:16 81:9 Street 1:22 2:11 00 f s T-E-R-P-H-E-N-Y-I throughout 24:5 37:14 testimony 5:17,18 thunderstorm 99:3 81:22,23,24 83:22 91:22 92:7 strikes 95:1 table 5:14 8:15,16 99:10 107:23 tight 24:11 82:10,14,22 83:3 97:13,18 101:7 structure 72:20 24:11 61:1,2 87:5 tests 74:1,6 tile 92:20 94:24 HARTOLDMONOOQ6494 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEUOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., tiles 92:24,25 93:2 trade 8:4 93:10,19 94:2,3,4 train 34:3 94:10,15,16 training 14:19,21 103:11 users 86:16 101:24 93:6 type 51:8 102:17 uses 62:21 86:18 WaycholT 14:8,9 typewriting 107:17 91:2,22 99:17 14:10,22 20:14 67:1 69:2,20,20 70:1,2,3,12,15,16 70:18,19,20,24 95:23 103:16,18 103:19,22,25 14:24 32:18,22 32:25 33:4,16,24 using 27:10 36:17 21:21 53:16 71:2,4,5,6 72:2,3 U 37:1,13,17,22 67:21 68:2,22 74:11 76:25 104:5 34:2,7,13,16,20 U 85:10 88:1 104:3 69:5 77:15 78:19,21 time 5:12 7:3,4 34:23 35:5,7 U.K 86:16 USMJ 1:10 WaychofTs 32:15 79:19 80:4 81:7 10:3 12:15 13:2 transcript 5:18 13:12 14:11 21:2 107:20 U.S 84:25 87:1 Uh-huh 43:19 Wayne 1:21,23 82:13 85:24 86:4 V 12:12 86:7,23 87:1 21:3,16 22:8 transcription 56:17 65:3 78:13 Valley 108:21 ways 41:23 91:17 92:8,22 23:14 24:9,11 106:6 ultimately 66:21 variety 9:6 68:25 we'U 5:13,15 25:14 94:25 95:13 25:8,12,14 27:21 transformer 39:18 under 8:3 27:15 92:23 41:10 59:12 101:10 103:15,15 31:2 32:2 35:10 travel 29:22 41:17 43:21 various 29:8 31:8 we're 8:13,16 103:17,21,22 35:18 40:15 travelling 29:21 44:14 52:14 41:24 46:11 18:19 22:9 24:18 west 10:12 47:14,17,21 trial 5:19 49:16 52:8 55:12 trick 40:25 55:17 56:20 84:24 85:18 76:23 77:1 90:25 74:12 94:11 99:3 WGK 85:21 91:16,22 we've 39:2 62:22 Wheeler 20:25 65:12 66:25 tried 24:20 86:15 90:3 verbal 17:18 weeks 81:24 21:1 70:15 71:19 72:23 75:24 trouble 8:17 80:2 107:17 troubled 92:2 underlined 69:1 verbally 74:17 very 20:2 21:16 well 4:25 13:24 14:13 16:12 WHEREOF 108:9 while 8:22 18:19 79:20,22 80:3,8 true 46:9 77:24 underneath 32:6,7 23:16,17 24:11 19:10,14 20:1 32:3 47:25 94:25 81:16 82:12 83:6 106:6 107:19 understand 5:6,16 27:13 29:15 30:2 21:14 22:6 28:20 whole 15:10 24:8 85:5,22 86:11 trust 61:4 5:21,22 6:2,8 30:4 34:8 38:3,4 33:20 35:13,20 39:10 79:23 80:4 87:5 92:17 trying 9:20 15:1 13:16 24:7 26:11 38:6 41:21,25 39:1040:15 41:3 82:12 85:25 107:21 32:1 40:25 86:3 38:6 44:23 47:8 42:17 55:23 41:1843:16 wide 68:25 tissue 26:3 84:11 turat 2:7 3:2 4:11 53:15 95:18 57:20 84:16 44:13 46:21 47:4 wife 11:6 title 13:17 99:25 titled 52:1 4:15,17 6:23 8:13 understanding 86:10 90:6 8:20 13:11 15:19 18:6 19:23 25:6,7 viable 72:6 52:16 56:21 William 45:23 57:17,25 58:6,10 76:24 today 4:20 5:1 6:5 15:23 16:1,23 25:11 30:3 41:15 violent 99:3 58:1461:1972:5 willis 1:17 4:5 6:24 26:20 38:8 17:25 22:20 24:1 46:4 47:13 64:21 visiting 67:10,10 74:3 77:25 79:14 106:3 107:8 46:2 50:16 76:17 28:4,10,14 31:1 65:11 72:16 83:6 volume 48:11 72:4 81:3 82:1 85:9 Wilmington 51:9 97:14,17 102:21 33:10 38:20,24 85:4 86:19 95:7 volumes 79:5 82:9 86:25 87:2 88:17 WILSON 2:14 103:12 39:1,8 42:6 44:11 understood 5:10 vs 1:9,11 93:17 95:4 96:18 wise 72:6 together 33:14 75:6,22 76:2,10 45:19 48:16,22 48:24 51:1,20 21:13 undoubtedly 97:12 wished 49:24 87:4 W went 10:15 14:14 withdraw 21:6 91:23 101:6 53:3,5 54:8,13 101:19 W 66:8,8 22:12 23:1,6 45:3 26:16,19 27:24 token 92:9 56:5 57:3,7,14 united 1:2 67:1,4 W.S 46:17 49:21 45:4 56:7 77:17 87:4 100:23 Tokyo 66:9,11 58:14,18,25 59:6 90:15 wait 47:17 60:9 77:17 87:22 92:8 withdrawal 22:5 told 5:1 16:17 37:8 59:7 62:4,16 64:4 universe 95:21 97:3 92:23 93:1 23:7,21 36:6,9 37:12,18 50:1,7 64:7 65:22 66:1 University 6:13,14 walk 59:12 were 7:7 8:22 9:1 39:18 54:25 55:6 55:9 96:23 99:20 67:17 72:9 73:6,7 6:19,21 Walter 14:9,10 9:12 10:5 11:22 64:24 67:6 77:11 99:21 101:9 74:19,23 78:5 unless 94:18 32:9,11 51:24 11:23 12:3,14 78:24 79:14 top 40:1 43:12 80:11,16 83:1,16 unopened 55:2 want 13:24 15:14 13:15 15:2 16:3,7 82:12 84:15 46:17,22 47:3,23 87:10 89:17 91:7 until 7:22 9:19 23:15 35:13 16:8,20,25 17:3 91:20 68:23 76:7 84:6 92:14 93:21 11:2 12:11 57:25 45:16 49:2 52:25 18:7,10 19:15,17 withdrawals 18:2 towards 9:12 43:9 94:22 95:17 96:2 79:23 80:4 53:1 62:8 64:3,14 19:2120:1,16 21:25 22:1 39:3,5 54:24 67:9 96:7 97:3 104:8 unusual 38:7 95:2 93:15 21:15,16 22:1,16 45:12 toxic 47:10 101:11 Turet's 99:8,21 update 9:10 wanted 14:1 24:15 23:20 25:9,17,21 withdrawing 18:8 103:4,4 turn 86:14 Urethane 77:5 37:16 80:9 104:7 26:1,8,14,19,21 37:7 toxicity 46:15 47:2 twelve 7:21 USDJ 1:9 wasn't 21:19 85:10 27:1,3,14,20,22 withdrawn 22:17 47:12,14,18,23 twenty 64:18 use 6:8 27:6 47:11 98:13 28:19 29:1,4 30:6 25:9 26:21 27:3 47:24 48:4 49:22 twenty-eight 15:5 56:16 82:21 water 42:15 30:10,10,12,15 27:20 40:24 82:7 49:25 50:20 44:21 75:20 90:24 91:16 way 2:5 11:22 22:1 31:3,14 32:21 86:24 87:1 61:17 63:1 72:17 twenty-five 42:2 92:19 93:10 36:4 40:10 46:21 33:4 34:8,15,18 withdrew 66:21,24 73:10,18 74:10 two 2:15 7:8 11:1 99:12 101:24 47:9 50:10 53:8 34:19,22 35:24 67:1 88:6,14,24 89:7 12:25 19:15 102:6 53:19 54:20 36:21 37:1,6,10 witness 4:66:17,19 101:14,20 103:3 36:25 51:21 used 19:2138:11 56:13,18 58:7 37:23 38:3,4,6,12 8:9,18 17:16,19 track 98:11 54:11,12 59:21 38:14,16 71:11 62:2163:17 81:3 38:14,17 39:14 17:23 28:6 30:23 tracked 16:14 60:2 61:5 63:5 76:3 77:21 83:7 81:4,19 82:1 40:18,24 41:7,8 54:6 55:22 57:13 Tracy 1:25107:4 72:24 74:14 88:18 92:22 86:12,18 87:18 47:9,10 48:1 62:15 65:23 108:14,20 80:22 81:1 95:14 102:17 103:24 89:5,9 90:14 91:8 51:18 55:13 58:5 71:15 74:15,18 HARTOLDMONOOQ6495 4/18/98 WILLIS S. CLARK NO.:L-95-CV-02849 U.S. DIST. CRT., DIST. OF NEW JERSEUOAN MAERTIN, et al., vs. ARMSTRONG WORLD INDS., et al., 76:18 80:2,3 82:25 92:6 93:17 94:1,14 95:4 104:13 107:10 108:9 wondering 41:1 word 70:7 71:11 wording 76:1 work 7:3 8:21 9:23 37:5 53:17 77:9 77:14 81:5,20 101:6 worked 10:4 13:1 27:13 32:7,8 33:23 41:22 77:3 77:4 working 77:17,17 82:12 86:8 world 1:10 2:6 4:18 6:5 99:11 worldwide 66:23 wouldn't 19:14 26:1 72:23 write 44:21 52:15 53:4 writing 5:18 45:11 56:6 written 44:20 97:20 101:22 wrote 52:22 87:18 89:6 _______ X X 3:1,7 Y yeah 4:13 11:4 12:23 13:18 14:10 19:6 38:9 52:17 60:15 68:13 73:6 75:5 83:11 year 12:24 24:12 55:3 years 7:8,21 11:1,9 15:5 44:21 64:18 70:3,4,4 72:25 75:20 95:14 100:10 Yep 36:18 89:3 ________Z zero 81:3 82:1 HARTOLDMONOOQ6496