Document ybGnoz5r4xmmJg1ObaEGdME6V

Hicks, et al, v. ACandS, Inc.,'et al. d/1/0,1 Paul L. LsCour Page 58 ' Page 60 1 , avenge mechanic, how they would go about grinding shoes 2 in their garage? 3 A, Mo. I've not seen grinding taking place in 4 a garage, in a repair garage. ' 5 See, jobbing stores - the majority of your 6 jobbing operations had the grinding mechanisms, because 7 they turned the drums Tor the garage. a Q. You've never been to a garage to see 9 a mechanic do a brake job? 10 A. Oh, yes, absolutely. II Q. You've never seen a mechanic grind the brake? 12 A. No. 13 Q. What is your understanding of whether or not .14 your average mechanic would have these specific 0 specifications when they're grinding? 16 ` A. Cive me that question again, please. 17 Q. Sure. Your average mechanic goes and buys 18 - brake lining that they're going to grind. ' is it your 19 understanding that they grind them to specific 20 specifications or that they grind them based upon their 21 view oT what needs to be done to put them to properly 22 fit them with the .drum? 23 MR. RILEY: Objection. Object to the form 24 of the question. 25 ' MR. ERRANTE: Objection. 1 In the garages or not. 1 understand grinding, okay. 2 . Bul l don't know what they did'in the garages. 3 Q. Well, let me ask you this question: Do you 4 have an understanding of the difference between how you 5 put your product on an automobile and how you put some 6 of your competitors' products on'an automobile with 7 respect to the grinding.that needs to be done? ' 8 A. Well, ours is precision ground to fit. And 9 if they use someone else's brand that is not precision 10 ground -- because they had other people that are also II precision ground -- but if they do not, then they 12 couldn't get the drum back on. They could mount them. 13 but they'd never get the drum back on. 14- Q. What did they have to do get the drum back on? 15 A. 1 don't know. 16 Q. Do you have any knowledge oThow or why they 17 . would go about grinding to apply a competitor's product? 18 A. The only way 1 can say it is! with the exhibit 19 that we just looked at from AMMGO, this company would 20 come in, and they would sell a garage this equipment.. 21 And they would have to have the instructions of how to 22 use the equipment. So that's all 1 would know, follow 23 the Instructions. 24 Q. Have you ever Installed your own Rayloc brake 25 shoes? ,i Page 59 Page 61 1 MR. DUMLER: Go ahead. 2 MR. RJLEY: Those are not the only two 3 alternatives to what he may have in mind. . 4 Q. (By Mr. Dumler) Are either of those 5 alternatives within your realm of understanding? 6 A. Repeat tbe question. 7 Q. What did you understand your average mechanic 8 ..was doing in order to get the brake linings'to properly . 9 fit? 10 . MR. ERRANTE: Object to the form. II . THE WITNESS: Using our product, they did . 12 nothing other than install them. 13 . Q. (By Mr. Dumler) Other than with respect to 14 your product, in those instances in which a mechanic at IS a garage would grind brake shoes and lining, what w&s 16 your understanding ofhow they were going about doing 17 that and what they were doing? 18 MR. RILEY: Well, he's testified that he's ' 19 not seen it, so 1 don't know that he has an 20 understanding. Why don't you ask him if he has. 21 an understanding. 22 Q. (By Mr. Dumler) Well, that is my question: 23 Do you have any idea what they're doing in the garages " 24 when they're grinding brake shoes? 23. A. Well, I don't know if they are grinding them 1 2 3 4 .5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Absolutely, yes. Q. Have you ever installed a'competitor's brake' shoes? ' A. Yes. Q. Have you ever ground any linings? Have you. yourself ever ground brake linings? A. Ground them in the plant before I took them home and put them on the ear. Q. Have you ever ground them, not in the plant I'm sorry before you took them home for the car. So the competitors' you've ground to go home, put them on your car, and what, tested them? A. Well, yes, if it required It. Q. And what did you grind them to, specifications or-A. Yes. Q. Where did you get the specifications? A. American Brakeblok. MR. DUMLER: Let me have that (indicating) marked as the next exhibit. (Plaintihs' Exhibit LeCour 5 was marked.) Q. (By Mr. Dumler) I've handed you what's been marked as Exhibit 5, which-appears to be an AMMCO products catalog. Can you identify that for me? A. It's tools and equipment for professionals, ; ' 16 (Pages 5S to 61) WHEELER REPORTING COMPANY, INC'-404051-4577; ,: