Document yrdEGDe8EvXrwMnO89QZGpan3

1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE COUNTY OF SAN FRANCISCO 3 .) 4 RICHARD AHRENDT, JOSEPH THOMPSON, ) JACQUE HALL, MARLENE KOWALSKI, ) 5) Plaintiffs, ) 6 v. 7 ABEX CORPORATION, et al., ) No. 953895 ) No. 953830 ) No. 952346 ) NO. 954768 8 Defendants. ) _____________ ) 9 10 11 DEPOSITION OF JOHN L. MYERS 12 BE IT REMEMBERED that pursuant to Notice and Subpena, and on Wednesday, January 25, 1995, at the 13 hour of 11:02 a.in., at the Law offices of FENTON & KELLER, 2801 Monterey-Salinas Highway, Monterey, 14 California, before me, Alan F. Irwin, a Certified Shorthand Reporter, personally appeared JOHN L. MYERS. 15 16 APPEARANCES 17 For the Plaintiffs: BRAYTON, GISVOLD & HARLEY Attorneys at Law 18 999 Grant Avenue Novato, California 94948 19 BY: ERIC R. WAGNER 20 For the Deponent JOHN L. MYERS: 21 KELLEY, DRYE & WARREN Attorneys at Law 22 515 South Flower Street Suite 1100 23 -siLos Angeles, California 90071 I BY: DANA A. SUNTAG 24 25 MONTEREY PENINSULA COURT REPORTERS (408) 375-2258 UCAREF00013392 1 APPEARANCES (Continued) 2 3 For the CCR Defendants: 4 HAIGHT, BROWN & BONESTEEL Attorneys at Law 5 201 Sansome Street, Third Floor San Francisco, California 94104 6 BY: STEPHEN M. CAINE 7 For KR ANDERSON: WALSWORTH, FRANKLIN & BEVINS Attorneys at Law 8 580 California Street Suite 1335 9 San Francisco, California 94104 BY: INGRID K. CAMPAGNE 10 For NARMCO, INC: ARNELLE, HASTIE, McGEE, WILLIS 11 & GREENE Attorneys at Law 12 One Market Plaza Spear Street Tower, 39th Floor 13 San Francisco, California 94105 BY: TIMOTHY W. MOPPIN 14 For DEXTER CORPORATION: 15 HARDY, ERICH, BROWN & WILSON 16 Attorneys at Law 1000 G Street 17 Sacramento, California 95814 BY: WHITNEY A. DAVIS 18 For DOW CORNING CORPORATION: 19 GORDON & REES 20 Attorneys at Law Embarcadero Center West 21 Twentieth Floor 275 Battery Street 22 San Francisco, California 94111 BY: ELIZABETH L. W. EWERT 23 24 25 DEPOSITION OF JOHN L. MYERS U CAR EF00013393 1 APPEARANCES (Continued) 2 For ICI AMERICAS INC.: 3 HARDIN, COOK, LOPER, ENGEL & BERGEZ 4 Attorneys at Law 1999 Harrison Street- 5 18th Floor Oakland, California 94612 6 BY: STEPHEN J. VALEN 7 For MORTON INTERNATIONAL, INC., as a successor to the Friction Division of the former THIOKOL CORPORATION: 8 GILLES, NICORA, MINOR & 9 SULLIVAN Attorneys at Law 10 The Ordway Building One Kaiser Pla2a, Suite 1585 11 Oakland, California 94612 BY: STEVEN D. PENROSE 12 For EPOXYLITE CO.: WILLIAMS, ROMANSKI, POLVERARI & 13 SKELTON Attorneys at Law 14 152 North Third Street Suite 600 15 San Jose, California 95112 BY: JOSEPH B. RUDER 16 For AMERICAN CYANAMIN: 17 GUDMUNDSON, SIGGINS, STONE & 18 SKINNER Attorneys at Law 19 One Embarcadero Center Suite 1350 20 San Francisco, California 94111 BY: PAUL F. SHERMAN II 21 For J.T. THORPE, INC., AND M.H. DETRICK CO.: 22 PRINDLE, DECKER & AMARO 23 Attorneys at Law 369 Pine Street, Suite 800 24 San Francisco, California 94104 BY: MARGARET P. BAKER 25 DEPOSITION OF JOHN L. MYERS UCAREF00013394 1 EXAMINATION 2 BY MR. WAGNER.................................................................. 5 BY MS. EWERT............................................................ 18 3 3 BY MR. SHERMAN............................................. 186, 199 BY MR. MOPPIN........................................................... 187 4 BY MR. RUDER............................................................ 189 BY MR. DAVIS............................................................ 19 0 5 EXHIBITS 6 A Notice of Taking Deposition Pursuant to 7 Subpena 5 8 B Amended Notice of Taking Deposition Pursuant to Subpena 5 9 C Union Carbide Internal Correspondence dated 10 December 8, 1978 52 11 D Invoices from Abbot, Cole & DeGraf and M & N Warehouse 145 12 E Letter to Calidria Asbestos Distributors and 13 Warehouses from John L. Myers dated August 24, 1979, and page from Federal Register 145 14 F Letter to Calidria Asbestos Customer from R.E. 15 Byrne, Jr., dated August 20, 1979 145 16 G Draft of letter to Calidria Asbestos Distributors by John L. Myers dated June 13, 17 1979 and excerpt from the Federal Register 145 18 H State of California Division of Industrial Safety General Industry Safety Orders 19 I Letter dated December 14, 1977, on Union 20 Carbide letterhead and excerpt from the Federal Register 21 J Calidria Asbestos Price Lists 22 K Letter to K.J. Lebeis dated July 23, 1975, 23 from John L. Myers and attachment 145 145 145 145 24 L Letters on Calidria Corporation letterhead, invoices from KCAC, Inc., bills of lading 25 from Calidria Asbestos, sample order, sales records of Union Carbide 145 DEPOSITION OF JOHN L. MYERS UCAREF00013395 1 JOHN L. MYERS, 2 having been first duly sworn, was examined and 3 testified as follows: 4 EXAMINATION BY MR. WAGNER: 5 Q. Good morning, sir. Thank you for coming. 6 Could I have you state your full name for the record. 7 A. John L. Myers. 8 Q. And what does your middle initial "LM stand 9 for? 10 A. Lester. 11 Q. Why don't I go ahead and mark as Exhibit A to 12 the deposition here the Notice of Taking Deposition 13 Pursuant to Subpoena as well as the subpoena that was 14 served on the deponent, and we'll go ahead and mark as 15 Exhibit B the Amended Notice of Taking Deposition 16 Pursuant to Subpoena, which simply reflects a change 17 of the address of the deposition; the date and time 18 have remained consistent in the notice and amended 19 notice. So that will be A and B in the deposition. 20 (Documents referred to marked for 21 iden. Exhibits No. A and B.) 22 BY MR. WAGNER: 23 Q. Sir, have you been deposed before? 24 A. Yes. 25 Q. This is, of course, a deposition proceeding DEPOSITION OF JOHN L. MYERS 5 UCAREF00013396 1 here. Can you tell me how many times previously 2 you've been involved in a deposition? 3 A. Not for sure. Seven, six or seven. 4 Q. Okay. I imagine you're fairly familiar then 5 with the procedure; you've probably had an opportunity 6 to discuss the procedure with your attorney. 7 Nevertheless, bear with me; I'll run through some of 8 the admonitions that generally go along with, the 9 deposition just so that I'm sure we're both on the . 10 same page here. The No. 1 rule, of course, is to tell 11 the truth. The court reporter has administered an 12 oath to you. Do you understand you're under oath to 13 testify truthfully and your testimony carries with it 14 the same force and effect as if you were testifying in 15 a court of law? 16 A. Yes. 17 Q. Please be sure that you understand my 18 questions before you answer. And if I ask a question 19 that you don't understand, it is going to be incumbent 20 upon you to speak up and let me know that. If you 21 answer a question, I will assume that you understood 22 it; is that fair enough? 23 A. Yes. 24 Q. You're doing a good job so far; please 25 continue to speak audibly in response to the DEPOSITION OF JOHN L. MYERS 6 UCAREF00013397 1 questions. If you shake your head or nod your head, 2 the reporter won't be able to take that down clearly, 3 and even though I'll know what you're doing, the 4 record won't be clear. 5 A. Right. 6 Q. If you want to take a break at any time, just 7 let me know that; we have an informal setting in that 8 regard. At the conclusion of the deposition, the 9 reporter will type up a transcription, you've probably 10 seen one of these before, of what is said here today. 11 That will be in written form, as opposed to the 12 shorthand notes that are being taken down now, and 13 you'll have a chance to review that, if you care to do 14 so. If you desire, you may make changes to your 15 testimony in that transcript that you'll be provided, 16 but you should be cautioned that any changes you do 17 make are subject to fair comment by any of the 18 attorneys or parties involved in the case. Do you 19 understand all that? 20 A. Yes. 21 Q. Is there any reason why your deposition 22 cannot go forward here today? 23 A. No. 24 Q. You're not under medication or infirmity that 25 would interfere with your ability to give clear and DEPOSITION OF JOHN L. MYERS 7 UCAREF00013398 1 competent testimony? 2 A. No. 3 Q. One other thing that I like to caution 4 witnesses about is that from time to time, the 5 questions that I ask of you may call for your best 6 estimate; if you have a best estimate, I'm entitled to 7 that. If it would require you to out and out guess in 8 response to a question, then just let me know that 9 that would call for out-and-out speculation. We don't 10 want you to do that. 11 A. Okay. 12 Q. You understand the difference between an 13 out-and-out guess, as opposed to your best estimate? 14 A. Yes. 15 Q. How are you currently employed? 16 A. I'm not employed 17 Q what date? 18 A. December 31, 1993. 19 Q. Is your current address at 102 River Road, 20 King City, California 93930, phone No. 408 385-6256? 21 A. That's River Drive. 22 Q. Oh, okay. But aside from that change, the 23 address and phone number that I just identified are 24 correct? 25 A. That's right. DEPOSITION OF JOHN L. MYERS 8 UCAREF00013399 1 Q. That's your residence? 2 A. Yes. 3 Q. Bear with me; I'd like to back up and just 4 get a little bit of background information about you, 5 and I intend to proceed quite expeditiously through 6 that. Can you tell me vhat your date of birth is, 7 please. 8 A. August 8, 1928. 9 Q. All right; and you graduated from high 10 school? 11 A. Yes. 12 Q. When was that? 13 A. 1946. 14 Q. And after high school, can you identify for 15 us what further formal education you have? 16 A. I received a Bachelor's of Science in 17 chemical engineering from Purdue University. 18 Q. And you obtained that degree there what year? 19 A. 1951. 20 Q. And after that, do you have any other formal 21 education? 22 A. No. 23 Q. Can you recall what your first full-time job 24 was after graduating from Purdue? 25 A. Yes. DEPOSITION OF JOHN L. MYERS 9 UCAREF00013400 1 Q. What was that? 2 A. Union Carbide Corporation, my employer. 3 Q. And in what year was that? 4 A. 1951. - 5 Q. What was the address of your employment? 6 A. Oak Ridge, Tennessee. 7 Q. Did you have a title at that time? 8 A. I don't recall. 9 Q. Was 1951 the first employment you ever had 10 with Union Carbide? 11 A. Yes. 12 Q. And what duties did you have when you hired 13 on with Union Carbide? 14 A. Engineering responsibilities for testing 15 equipment. 16 Q. And the full name of your employment at that 17 time was Union Carbide? 18 A. Corporation, yes, Union Carbide Corporation. 19 Q. And your business activities all occurred at 20 the Oak Ridge location at the time that you hired on 21 with Union Carbide? 22 A. Yes. 23 Q. By that I mean, your duties didn't require 24 you to travel to other locations? 25 A. Not -- no, not immediately. DEPOSITION OF JOHN L. MYERS 10 UCAREF00013401 1 Q. And how long were you an engineer at the Oak 2 Ridge, Tennessee, location of Union Carbide? 3 MR. SUNTAG: Well, let me object to that to 4 the extent that it mischaracterizes the witness's ' 5 testimony. I think he said he had engineering 6 responsibility; he didn't say per se that he was an 7 engineer. 8 BY MR. WAGNER: 9 Q. Were you considered an engineer when you were 10 hired on in 1951? 11 A. Yes. 12 Q. For how long did you have those 13 responsibilities at the Oak Ridge, Tennessee, 14 location? 15 A. Till 1952. 16 Q. And what type of facility was the Oak Ridge, 17 Tennessee, location? 18 A. It was a nuclear -- it was in the nuclear 19 division of Union Carbide, and it was a gaseous 20 diffusion operation for the enrichment of uranium. 21 Q. And in 1952, how did your duties change with 22 Union Carbide? 23 A. I was transferred to Paducah, Kentucky. 24 Q. Did your duties change at all at that time? 25 A. Many of them were the same. They changed DEPOSITION OF JOHN L. MYERS 11 UCAREF00013402 1 during the course of my employment at Paducah. 2 Q. And what type of facility was the Paducah 3 location? 4 A. It was a similar facility, the enrichment of 5 uranium by gaseous diffusion process. 6 Q. Did you have a title at the time you 7 transferred over in 1952 to the Paducah location? 8 A. Again, I don't remember what the title was. 9 Q. And how long were you at the Paducah 10 location? 11 A. Till 1966. 12 Q. How did your duties change from 1952 through 13 1966 at that location? 14 MR. SUNTAG: At the Paducah location? 15 MR. WAGNER: Right. 16 THE WITNESS: I became a process area 17 supervisor and then responsible for chemical 18 operations, which was decontamination of equipment, 19 things like that. 20 BY MR. WAGNER: 21 Q. From 1952 to 1966, did you work for any other 22 division of Union Carbide? 23 A. No. 24 Q. Did you work at any other location other than 25 Paducah, Tennessee, from 1952 to 1966? DEPOSITION OF JOHN L. MYERS 12 UCAREF00013403 1 A. it was Paducah, Kentucky. No. 2 Q. And then how did your job change in 1966? 3 A. I was transferred to Niagara Falls, New York, 4 to the metals division. 5 Q. And the full name of your employer at that 6 time? 7 A. Union Carbide Corporation Metals Division. 8 Q. And what was the full name of the employer 9 back at the time you were involved with the gaseous 10 diffusion? 11 A. Union Carbide Corporation Nuclear Division. 12 Q. How long was it you were at the Niagara 13 location of the metals division? 14 A. Until 1967. 15 Q. jfhat title or titles did you have at the 16 Niagara location? 17 A. It was called research engineer. 18 Q. And what duties did you have? 19 A. Testing and evaluating asbestos products in 20 different applications. 21 Q. Did your work require you to travel to any 22 other location of Union Carbide, and I'm just focusing 23 on the period of time '66 to '67? 24 A. I think in that time, I would have traveled 25 to King City, California. 13 UCAREF00013404 1 Q. Aside from working at the Niagara location 2 and King City for Union Carbide from '66 to '67, would 3 you have worked at any other location of Union 4 Carbide? 5 A. I didn't work at the other location. I just 6 traveled there as part of my employment in Niagara 7 Falls. 8 Q. Would you have visited any other Union 9 Carbide locations during that period of time '66 to 10 '67? 11 A. Probably would have visited the New York 12 office of Union Carbide. 13 Q. Any other locations of Union Carbide you can 14 recall having visited from '66 to '67? 15 A. Not that I recall. 16 Q. Did your job duties with Union Carbide ever 17 require you to become involved with the mineral 18 asbestos at any time before 1966? 19 A. No. 20 Q. What specifically were your duties with 21 regard to testing and evaluating products for Union 22 Carbide at the Niagara location from '66 to '67? 23 A. One thing I remember was testing asbestos in 24 drilling fluid -- oil well drilling fluids or well 25 drilling fluids. And I was also involved with the DEPOSITION OF JOHN L. MYERS 14 U CAR E F00013405 1 development of a chemically-modified product called 2 RG-244 while in Niagara Falls. 3 Q. And what involvement with the development of 4 that product did you have? 5 A. Set up a pilot plant to make small amounts of 6 product for testing. 7 Q. Aside from your involvement with the oil well 8 fluids that you've identified and the development of 9 RG-244, were you involved with any other products from 10 '66 to '67? 11 A. That's all I can remember. 12 Q. Can you describe what you meant by 13 chemically-altered product, referring to RG-244? 14 A. That was a -- it was eventually a patented 15 process for treating the Union Carbide asbestos fibers 16 with acetic acid and sodium silicate to effectively 17 put a silica;*#' coating on the fibers. 18 Q. During the period of time 1966 to '67, what 19 involvement or activities would you have been involved 20 with at the King City location? 21 A. I can't remember. It would just be normal to 22 visit a plant if you were doing work for -- for them, 23 but I don't remember any specific reason for visiting 24 there. 25 Q. And what work can you recall doing for the DEPOSITION OF JOHN L. MYERS 15 UCAREF00013406 1 Kin? City location? . 2 A. I can't recall any specific. 3 Q. Were you, for example, developing the RG-24 4 for the King City location? 5 A. That's the reason we did the pilot plant work 6 in Niagara Falls, yes, for eventual production in King 7 City. 8 Q. And what type of facility was the King City 9 location in 1966 to '67? 10 A. That's an asbestos ore processing facility, 11 and the mine is also located near King City. 12 Q. And are these located at the same address? 13 A. No. The mine is 30 miles away from King City 14 in the mountains, San Benito Mountains. 15 Q. And where is the ore processing facility 16 located? 17 A. It's located five miles south of King City. 18 Q. And these two locations existed, to your 19 knowledge, from '66 to '67? 20 A. They existed -- I don't know what you mean. 21 Q. Strike that. To your knowledge, when did 22 Union Carbide first operate an asbestos mine in the 23 King City area? 24 A. 1963. 25 Q. And to your knowledge, when did Union Carbide DEPOSITION OF JOHN L. MYERS 16 UCAREF00013407 1 first operate the ore processing facility in the King 2 City area? 3 A. In 1963. 4 Q. Do you know if the mine was acquired from 5 another entity in 1963? 6 A. It wasn't acquired; it's on the Bureau of 7 Land Management land. Rights -- rights were -- were 8 taken by Union Carbide to mine the ore. 9 Q. Do you know if any mining activities of 10 asbestos had occurred at that location at any time 11 before 1963? 12 A. I think the other -- there were two other 13 operators there, JM Asbestos and Atlas Asbestos. To 14 the best of my knowledge, they preceded Union Carbide 15 in starting their mining operation. 16 Q. Do you have any information as to when JM 17 Asbestos first operated a mining site at that 18 location? 19 A. No. 20 Q. Is there an address for that mine location? 21 A. No. 22 Q. That's, to your knowledge, considered to be 23 in King City still? 24 A. No. It's in a different county, it's in San 25 Benito County. It can be located by latitude and DEPOSITION OF JOHN L. MYERS 17 UGAREF00013408 1 longitude, but I don't know what they are. 2 Q. Do you know when Atlas Asbestos first 3 operated a mining location at that 30-mile location 4 from King City? 5 A. No. 6 Q. Do you know if JM Asbestos and Atlas Asbestos 7 operated mines at that location at the same time? 8 A. Yes. 9 Q. They did? 10 A. Yes. 11 MR. CAINE: At the same time as Union Carbide 12 or as to each other? 13 THE WITNESS: Yes, they were operated at the 14 same time -- same time. 15 BY MR. WAGNER: 16 Q. Did they continue to operate mining 17 activities at that location after Union Carbide 18 acquired rights in 1963? 19 A. Yes. 20 Q. To your knowledge, how long did JM Asbestos 21 operate mining activities at that location after 1963? 22 A. I don't remember when they closed. 23 Q. Do you know if that was in the decade of the 24 60' s? 25 A. To the best of my -- as I say, as you advise DEPOSITION OF JOHN L. MYERS 18 UCAREF00013409 1 me, to my -- my best estimate would be in the 70's. 2 Q. would you be able to estimate if that would 3 be in the latter part of the 1970's that JM Asbestos 4 last operated mining activities at that location? 5 A. No. 6 Q. Do you know when Atlas Asbestos last operated 7 mining activities at that location? 8 A. Again, my best estimate would be in: the 70's. 9 Q. Are you able to say whether that was the late 10 70's? 11 A. No. . 12 Q. Do you know if the JM Asbestos activities, 13 mining activities at that location were ever conducted 14 under any other name? 15 A. Not to my knowledge. 16 Q. And with regard to Atlas Asbestos mining 17 activities at that location, do you know if those were 18 ever conducted under any other name? 19 A. I don't think so. 20 Q. And at that location, where in relationship 21 to the Union Carbide mining activities was the JM 22 Asbestos mining activities? 23 A. There were several miles between the two 24 operations. I'm not sure how many. 25 Q. Do you know if the JM Asbestos mining DEPOSITION OF JOHN L. MYERS 19 UCAREF00013410 1 activities were ever operated in a cooperative or 2 joint effort with Union Carbide? 3 A. No, they were not. 4 Q. And I have the same question with regard to 5 Atlas Asbestos, were those mining activities ever 6 operated in conjunction or cooperation with the Union 7 Carbide mining activities? 8 A. No. 9 Q. Where were the Atlas Asbestos mining 10 activities at that location compared to the Union 11 Carbide activities? 12 A. They were, again, several miles away. 13 Q. And are you aware of any other entities, 14 aside from JM Asbestos, Atlas Asbestos, and Union 15 Carbide, that had any mining activities in that area? 16 A. Asbestos mining? 17 Q. Right. 18 A. No. 19 Q. Yes, that was my understanding with regard to 20 all of these questions, that we're just focusing on 21 the asbestos mining activities. Was that your 22 understanding as well? 23 A. Not until you told me. 24 Q. Okay. When we talked about the relationship 25 geographically of the JM Asbestos, Atlas Asbestos, and DEPOSITION OF JOHN L. MYERS 20 UCAREF00013411 1 the Union Carbide locations, you were referring to 2 their asbestos operations? 3 A. Yes. 4 Q. Can you recall when it was that you last gave 5 a deposition? 6 A. No, I don't remember. 7 Q. Has it been more than a year? 8 A. Yes. 9 Q. Can you recall any of the parties involved in 10 that litigation? 11 A. No. I don't remember which the last one was. 12 Q. Was this a matter in which Union Carbide was 13 a party? t 14 A. Yes. > 15 Q. Can you give me your best estimate as to when 16 it was that your last deposition took place? 17 A. Within the last five years, I would say. 18 Q. And before that one, when was your last 19 deposition? 20 A. I don't have -- I don't remember. 21 Q. Can you give us your best estimate as to the- 22 years in which each of your depositions have taken 23 place? 24 A. As far as I remember, the first one was in -- 25 I think in 1980 or in the 19 -- early 1980's. DEPOSITION OF JOHN L. MYERS 21 UCAREF00013412 1 Q. And the next one? 2 A. I don't remember. 3 Q. Is it your best estimate from the early 4 1980's until about the last five years, you were 5 deposed six or seven times during that period of time? 6 A. Yes. 7 Q. Can you recall any of the parties to any of 8 those lawsuits in which you gave a deposition? 9 A. You mean the names of the plaintiffs? 10 Q. Any parties at all. 11 A. Union Carbide. 12 Q. In each of those in which you gave a 13 deposition. Union Carbide was a defendant, to your 14 knowledge? 15 A. Yes. 16 Q. And do you recall any of the people making a 17 claim in any of those cases? 18 A. No -- well, there was one -- let's see. No, 19 I can't remember for sure. There were employees of 20 companies, but I can't remember companies' names. 21 Q. Did those involve employees of Union Carbide? 22 A. No. 23 MR. SUNTAG: When you say involve employees 24 of Union Carbide, I take it your question was whether 25 the plaintiffs were employees of Union Carbide? DEPOSITION OF JOHN L. MYERS 22 UCAREF00013413 1 BY MR. WAGNER: 2 Q. To your knowledge, were any of the parties to 3 any of those matters to which you were deposed 4 employees of Union Carbide? 5 A. Not that I recall, no. 6 Q. And were you represented by counsel in each 7 of those depositions? 8 A. Yes. 9 Q. And you're represented here today by counsel; 10 is that true? 11 A. Yes. 12 Q. Were you represented by the same counsel in 13 any of those prior depositions? 14 A. No. 15 Q. Who was your attorney, or who were your 16 attorneys in any of those earlier depositions? 17 A. I don't recall any names. 18 Q. Do you recall any of the firms that were 19 involved? 20 A. Kelley, Drye & Warren. 21 Q. Your current firm that represents you. Is it 22 your understanding you're being represented here today 23 by that same firm, Kelley, Drye & Warren? 24 A. Yes. 25 Q. And that firm has represented you in the past DEPOSITION OF JOHN L. MYERS 23 UCAREF00013414 1 in other depositions? 2 A. Yes. 3 Q. On how many occasions? 4 A. Again, I don't recall. 5 Q. Would that have been all of them, six or 6 seven? 7 A. No, no. 8 Q. Would it have been more than one? 9 A. Maybe one or two. 10 Q. And aside from the firm of Kelley, Drye & 11 Warren, can you recall any other firms that have 12 represented you at any time in a deposition in the 13 past? 14 A. No, I can't remember. 15 Q. Do you remember any of the attorneys 16 representing any claimants in any of those matters? 17 A. No. 18 Q. can you recall in what jurisdiction any of 19 those matters were pending? 20 A. One or two were in Texas. One was in 21 Minnesota. One was in South Carolina. I can't recall 22 others. 23 Q. In the Texas matters, where did your 24 deposition take place? 25 A. I don't remember what city. DEPOSITION OF JOHN L. MYERS 24 UCAREF00013415 1 Q. Was that in the State of Texas? 2 A. Yes. 3 Q. And you were deposed on two occasions in 4 Texas? 5 A. To the best of my recollection. 6 Q. And at this time, you can't recall the cities 7 where any of those depositions occurred? 8 A. No. 9 Q. Did each of those depositions take one day? 10 A. Yes, Well, yes, to the best of my 11 recollection. 12 Q. Do you have a copy of any of those 13 transcripts? 14 A. Yes. 15 Q. Do you have a copy of each of those six or 16 seven deposition transcripts? 17 A. I think I do, yes. 18 Q. And where would those be at? 19 A. In my office in King City. 20 Q. What's the address of your office? 21 A. Post Office Box K in King City. 22 Q. The ZIP code? 23 A. 93930. 24 Q. And what is the street address of your 25 business there in King City? DEPOSITION OF JOHN L. MYERS 25 UCAREF00013416 1 A. I think it's 52103 Cattlemen Road. 2 MS. BAKER: I'm sorry, was that Cattleman 3 Row? 4 THE WITNESS: Cattlemen, one word, plural. 5 MS. BAKER: Like the elegant restaurant, 6 Cattleman's? 7 THE WITNESS: I suppose. I think -- I don't 8 remember whether that's singular or plural, but the 9 road is plural. 10 BY MR. WAGNER: 11 Q. There's not too many roads in King City; is 12 that true? 13 A. No. As I say, this is five miles south. 14 It's not within the city limits. 15 Q. And have you given trial testimony at any 16 time previously? 17 A. One time. 18 Q. When was that? 19 A. I don't recall the date. 20 Q. And in what court did you testify? 21 A. The location was Little Rock, Arkansas. I 22 don't know what type of court. 23 Q. Did that involve in any way the mineral 24 asbestos? 25 A. Yes. DEPOSITION OF JOHN L. MYERS 26 UCAREF00013417 1 Q. And was Union Carbide a defendant in that 2 matter? 3 A. Yes. 4 Q. Would you have a copy of that trial 5 testimony? 6 A. No. 7 Q. Did you ever get a transcription of that 8 trial testimony at any time? 9 A. I don't think so, no. Not that I recall. 10 Q. And can you just give us your best estimatee 11 as to the duration of that trial testimony that you 12 gave in that matter? 13 A. Probably 30 minutes. 14 Q. Do you know who the claimant was in that 15 matter? 16 A. No. 17 Q. Do you recall any of the attorneys 18 representing parties in that matter? 19 A. No. 20 Q. When you visited the New York location of 21 Union Carbide between the years '66 and '67, what was 22 the purpose of those visits? , 23 MR. SUNTAG; You mean the New York City 24 location? 25 MR. WAGNER: Right. DEPOSITION OF JOHN L. MYERS 27 UCAREF00013418 1 THE WITNESS: I don't remember. 2 BY MR. WAGNER: 3 Q. What type of operation did Union Carbide have 4 at the New York office at that time, '66 and '67? 5 A. The New York City? 6 Q. Right. 7 A. That was Union Carbide's headquarters. 8 Q. What can you recall doing at the King City 9 location of Union Carbide during the year '66 to '67? 10 Just let us know what you did on your visits out to 11 the King City location during that period. 12 A. Well, as I said, that would have been 13 involved with -- with any research group, 14 communicating with the plant facility, and probably 15 discussing the new product RG-244. 16 Q. Can you recall any employees at Union Carbide 17 at the King City location that you had any contact 18 with back in '66 to '67? 19 A. Yes. 20 Q. And can you identify those individuals for 21 us? 22 A. The plant manager was John Riddle. 23 Q. R-i-d-d-1-e? 24 A. Right. And there was an L.F. Crow, C-r-o-w, 25 R.J. Khronkyte, K -- let's see, K-h-r-o-n-k-y-t-e, I DEPOSITION OF JOHN L. MYERS 28 UCAREF00013419 1 believe. That's all I can recall. 2 Q. Can you recall what title or duties L.F. 3 Crow had at that time? 4 A. He was production superintendent. 5 Q. And was that at the ore processing location? 6 A. Yes. 7 Q. And John Riddle was plant manager at the ore 8 processing location? 9 A. Yes. 10 Q. And what title or duties did R.J. Khronkyte 11 have at that time, '66 to '67? 12 A. I don't recall; don't recall. 13 Q. To your knowledge, was he working at the ore 14 processing location? 15 A. Yes. 16 Q. Can you recall visiting the mine at Union 17 Carbide at any time during '66 to '67? 18 A. No. 19 Q. Do you know the whereabouts of John Riddle at 20 present? 21 A. No, I don't. 22 Q. Is he still employed with Union Carbide? 23 A. No. 24 Q. When you last had any information as to his 25 whereabouts, where was he? DEPOSITION OF JOHN L. MYERS 29 UCAREF00013420 1 A. San Francisco. 2 Q. Do you know if he's still employed? 3 A. No, I don't. 4 Q. When did he leave Union Carbide? 5 A. I don't know. 6 Q. Are you able to recall whether that was in 7 the decade of the 1990's? 8 A. No, it was not in 1990's. 9 Q. It was before that? 10 A. Before 1990, yes. 11 Q. Can you give us your best estimate as to when 12 you believe he left Union Carbide? 13 A. Other than to say that it was probably in the 14 197 0's. I'd say mid to late 1970's. 15 Q. During what period of time, to your 16 knowledge, was John Riddle the plant manager of the 17 ore processing location of Union Carbide in King City? 18 A. I think from 1963 to whenever he left. 19 Q. Do you know his middle name? 20 A. No. 21 Q. Do you know how old he would be at present? 22 A. No. I would say late 60's or early 70's. 23 Q. Would you have his address or phone number 24 back at home or at your office? 25 A. No. DEPOSITION OF JOHN L. MYERS 30 UCAREF00013421 1 Q. Would you have it anywhere else? 2 A. No. 3 Q. During what period of time, to your 4 knowledge, was L.P. Crow production superintendent at 5 the ore processing location of Union Carbide in King 6 City? 7 A. I -- I don't know whether he was -- I don't 8 know whether he was the production superintendent in 9 '63 or later. 10 Q. How long did he continue in that capacity, to 11 your knowledge? 12 A. I can't remember. 13 Q. Would that have been beyond the tenure of 14 John Riddle? 15 A. Probably that would be in the same ballpark 16 as far as time. 17 Q. Do you know what his full first name is? 18 A. I think his first name is Leroy. 19 Q. And his middle name? 20 A. No. 21 Q. When did he leave Union Carbide? 22 A. As I said, I think in the 70's, but I don't 23 know for sure. 24 Q. Do you know his whereabouts? 25 A. Not specifically. DEPOSITION OF JOHN L. MYERS 31 UCAREF00013422 1 Q. Do you have any information concerning his 2 whereabouts? 3 A. The last I heard is Colorado. I don't know 4 where. 5 Q. You wouldn't know what city in Colorado? 6 A. No. 7 Q. When was it you heard he was in Colorado? 8 A. When he left King City, he went to Colorado 9 -- Durango, I think that's the name of it, the last I 10 heard, and that would have been 10 years ago, 11 probably. 12 Q. Would you have his address or phone number 13 anywhere? 14 A. No. 15 Q. And R.G. Khronkyte, do you know his 16 whereabouts? 17 A. Deceased. 18 Q. After 1967, did your job title or duties 19 change with Union Carbide? 20 A. Yes. 21 Q. And can you describe for us how those 22 changed. 23 A. I was transferred to the plant in King City. 24 Q. When did that occur? 25 A. 1967. DEPOSITION OF JOHN L. MYERS 32 UCAREF00013423 1 Q. What was your title at the tine of the 2 transfer? 3 A. Technical superintendent of the milling 4 operation. 5 Q. And how long did you have that title? 6 A. Till 1970. 7 Q. And what specifically were your duties during 8 that period of tine, '67 to '70? 9 A. I was responsible for starting the production 10 of the RG-244 product, responsible for quality control 11 of the overall plant operation and the staff person to 12 the plant manager. 13 Q. Who was John Riddle? 14 A. Yes. 15 Q. He was your direct superior at that time, 16 then? 17 A. Yes. 18 Q. Did your job duties from '67 to 1970 require 19 you to visit the mining operation of Union Carbide in 20 the King City area? 21 A. They didn't require me, but I think I did 22 visit the mine on a few occasions. 23 Q. During that period of time, '67 to '70, it's 24 your best estimate that you were there on a few 25 occasions? DEPOSITION OF JOHN L. MYERS 33 UCAREF00013424 1 A. A few, yes. 2 Q. Can you recall any of the Union Carbide 3 employees at that location during that period of time? 4 A. Well, the mine and the mill are all -- all s 5 the employees are located at the mill. During -- we 6 don't mine as a regular -- didn't mine as a regular 7 year-round activity. The mine superintendent at that 8 time was -- as I remember, W.T. Cohan. 9 Q. Do you know his whereabouts? 10 A. No. 11 Q. Do you know when he last worked for Union 12 Carbide? 13 A. No. 14 Q. Do you know if he was there beyond the tenure 15 of John Riddle? 16 A. No, I don't remember. 17 Q. When you last had any information as to his 18 whereabouts, where was he? 19 A. I don't know that. 20 Q. Do you know if he's still in the State of 21 California? 22 A. No, I don't know. 23 Q. You wouldn't have his address or phone number 24 anywhere? 25 A. No. DEPOSITION OF JOHN L. MYERS 34 UCAREF00013425 1 Q. you indicated that the mining operation 2 didn't operate year-round during that period of time, 3 '67 to '70? 4 A. Right. 5 Q. Do you have any understanding as to what 6 schedule the mine did keep during that period of time? 7 A. The mining was conducted in dry months, for 8 example from April to October, but not every year. I 9 don't recall what years it operated during that 10 three-year period. 11 Q. And was that the schedule from '63 to '67, to 12 your knowledge, as well? 13 A. It was intermittent mining, yes. 14 Q. Did you work throughout the ore processing 15 location at the King City location of Union Carbide 16 from '67 to '70? 17 A. What do you mean? 18 Q. You worked throughout that whole facility at 19 that time, '67 to '70? 20 A. Yes, yes. 21 Q. And you identified a milling operation that 22 occurred there. Were there other operations as well? 23 And I'm focusing on '67 to '70, when you were there. 24 A. support operations like maintenance and 25 laboratory, but that was the only process that took DEPOSITION OF JOHN L. MYERS 35 UCAREF00013426 1 place there was the milling of the asbestos ore. 2 Q. What responsibilities did you have with 3 regard to the milling of the asbestos ore, and I'm 4 excluding reference to your involvement with the 5 product RG-244? 6 MR. SUNTAG: What time period? 7 MR. WAGNER: '67 to '70. 8 THE WITNESS: Again the -- as I stated 9 before, the quality control, responsible for the 10 laboratory. 11 BY MR. WAGNER: 12 Q. And in 1970, did your title or duties change 13 with Union Carbide? 14 A. Yes. 15 Q. How did those change? 16 A. I was transferred back to Niagara Falls as 17 marketing manager for asbestos products. 18 Q. That occurred in 1970? 19 A. Yes. 20 Q. And how long were you marketing manager for 21 asbestos products? 22 A. Till 1981. 23 Q. And can you just describe for us what your 24 duties were during that period of time, '70 to '81? 25 A. To market asbestos to customers, you know, DEPOSITION OF JOHN L. MYERS 36 U CAR EF00013427 1 managing sales personnel. 2 Q. During the period of time, '70 to '81, did 3 you- only have an office location at the Niagara Falls 4 location of Union Carbide? 5 A. Yes. 6 Q. And who was your superior when you were 7 marketing manager during that period of time? 8 HR. SUNTAG: You mean his immediate 9 supervisor? 10 HR. WAGNER: Right.. 11 THE WITNESS: As I recall, it was -- well, 12 I'm not sure whether it was the whole period, but W.C. 13 Thurber, T-h-u-r-b-e-r. 14 BY HR. WAGNER: 15 Q. Can you recall any other direct superiors you 16 had during that period of time? 17 A. Yes, a fellow named George Adams. I can't 18 recall any other direct supervisors. 19 Q. Do you know W.C. Thurber's whereabouts? 20 A. No, not exactly, no. 21 Q. Do you have any information as to his 22 whereabouts at present? 23 A. The last I heard, he was in Maryland. 24 Q. What city? 25 A. I don't know. DEPOSITION OF JOHN L. MYERS 37 UCAREF00013428 1 Q. And when was that? 2 A. Probably five years ago. 3 Q. Would you have his address or phone number? 4 A. No. 5 Q. Do you know what his full first name is? 6 A. William. 7 Q. And his middle name? 8 A. No. 9 Q. And do you know George Adams's whereabouts? 10 A. No. 11 Q. Do you have any information as to his 12 whereabouts? 13 A. No. 14 Q. Is he still employed with Union Carbide? 15 A. Not to my knowledge. 16 Q- When you last had any information as to his 17 whereabouts, do you know in what city he resided? 18 A. He was in Pittsburgh, Pennsylvania. 19 Q. And how long ago was that? 20 A. Probably 15 years. 21 Q- Do you have any information that he's moved 22 from there? 23 A. I have no knowledge. 24 Q. When you were a marketing manager for 25 asbestos products, were you responsible for a defined DEPOSITION OF JOHN L. MYERS 38 UCAREF00013429 1 geographical area? 2 A. I was marketing manager for wherever the 3 products were sold. North America and the rest of the 4 world. 5 Q. And that was true throughout the period of 6 time 1970 through 1981? 7 A. Yes -- well, let me see, wait. We may have 8 handled exports through -- through someone in Union 9 Carbide's international division for some period of 10 time. I can't recall any specifics on that length of 11 time. 12 Q. That would have been exports to any other 13 country? 14 A. Yes. 15 Q. Do you know who that individual was? 16 A. There was one person involved that I 17 remember. Manual Ballmer. 18 Q. Do you know his whereabouts? 19 A. No. 20 Q. B-a-l-m-e-r? 21 A. I think it had two L's. 22 Q. And where was he located when you last had 23 any information about his whereabouts? 24 A. In the Union Carbide New York office. 25 Q. The headquarters? DEPOSITION OF JOHN L. MYERS 39 UCAREF00013430 1 A. Yes. 2 Q. How long ago was that? 3 A. At least 20 years. 4 (Recess.) 5 BY MR. WAGNER:, 6 Q. Sir, when you were the marketing manager for 7 asbestos products of Union Carbide from 1970 to 1981, 8 did you indicate that you supervised the sales 9 personnel involved with sales of Union Carbide 10 asbestos products? 11 A. Yes. 12 Q. And were you responsible for the entire sales 13 force for Union Carbide asbestos products? 14 A. Yes. There was a period, and I can't 15 remember the dates, when the part of the sales force 16 was under the chemicals and plastics division, and we 17 were utilizing part of their time for -- for sales 18 efforts, and then I had a -- people working under me 19 directly handling only asbestos sales. 20 Q. From '67 through '81, you were still an 21 employee of the metals division of Union Carbide 22 Corporation? 23 A. '67 -- '67 -- yes, I think that's correct. I 24 have a hard time remembering exactly when the 25 chemicals and plastics was involved. At least a large DEPOSITION OF JOHN L. MYERS 40 UCAREF00013431 1 portion -- most of that time period was under the 2 metals division. 3 Q. From 1967 to 1970, when you were out at the 4 King City location, what was the full name of your 5 employer at that time? 6 A. Union Carbide Corporation, and I think Metals 7 Division. 8 Q. Okay. 9 A. As I said, there were times when it may have 10 been -- a time when it may have been chemicals and 11 plastics. 12 Q. A time during '67 through 1970 that it might 13 have been part of the chemicals and plastics division? 14 A. Yes. 15 Q. And then from 1970 to 1981, what was the full 16 name of your employer? 17 A. That was Union Carbide Corporation Metals 18 Division. 19 Q. And during that period of time, 1970 to 1981, 20 do you believe at any time that the handling of any 21 asbestos products sales occurred through the chemical 22 and plastics division? 23 A. Yes. 24 Q. And during what period of time did that 25 occur? DEPOSITION OF JOHN L. MYERS 41 U CAR E F00013432 1 A. That's what I say I can't remember. The 2 early 70's would be as clear as -- as near -- we used 3 chemicals and plastics salespeople on a part-time 4 basis for asbestos sales. 5 Q. And aside from that part-time basis, in the 6 early 1970's, all other sales of Union Carbide 7 asbestos products were handled through the metals 8 division? 9 A. correct. 10 Q. over which you were responsible? 11 A. Yes. At least for the domestic -- as I say, 12 there was a time also when we were utilizing the Union 13 Carbide International Division for non-U.S. sales, but 14 I don't remember the length of time. 15 Q. That was under the supervision of 16 Mr. Ballmer? 17 A. To the best of my recollection, yes. 18 Q. Do you know if that was in the early 1970's? 19 A. Yes. 20 Q. Can you recall how many sales employees for 21 Union Carbide's asbestos products reported to you 22 during that period of time, '70 to '81? 23 MR. SUNTAG: You mean a total cumulative 24 number for the 11 years? 25 BY MR. WAGNER: DEPOSITION OF JOHN L. MYERS 42 UCAREF00013433 1 Q. Yes, if you can give us just your best 2 estimate in that regard. How many sales employees? 3 A. Probably around six or seven. 4 Q. And that was throughout that entire period of 5 the 11 years? 6 A. Yes. It would vary, but it would be in that 7 ballpark. 8 Q. Can you recall the names of any of those 9 individuals? 10 A. Yes. 11 Q. Did they have responsibility for defined 12 geographical areas? 13 A. At some point in time. At different times, 14 they had different responsibilities. 15 Q. What were the geographical areas for which 16 there was sales responsibility assigned for asbestos 17 products? 18 A. As I recall, we had a -- let's see. At one 19 point, we had a western area, southeastern, 20 northeastern, and midwest, as I recall. 21 Q. And what is your best estimate as to when . 22 those geographical sales regions existed with regard 23 to asbestos products? 24 A. I would say for a majority of the 1970's. 25 Q. Can you give us your best estimate as to what DEPOSITION OF JOHN L. MYERS 43 UCAREF00013434 1 the boundaries were for the western area as far as 2 sale of Union Carbide asbestos products? 3 A. I think the western area would have been 4 primarily west of the Rockies. 5 Q. Okay; and you indicated that's primarily what 6 it was. What other area would that have involved? 7 A. Hawaii maybe, unless you consider that west 8 of the Rockies. I can't recall the states 9 specifically. It was primarily California, Oregon, 10 and Washington. 11 Q. And the southeastern geographical area for 12 asbestos sales, what did that encompass? 13 A. It would normally be considered the 14 southeastern U.S., Florida, Georgia, South Carolina, 15 the Carolinas. 16 Q. And the midwest area? 17 A. Would be, again, the typical midwest, 18 Illinois, Indiana, Iowa. 19 Q. Would there be anything east of the Rockies 20 until a cutoff point? 21 A. It wasn't that specifically designed or 22 outlined. 23 Q. Would there be overlap, then, as far as sales 24 responsibilities for those geographical areas? 25 A. No, not really. DEPOSITION OF JOHN L. MYERS 44 U CAR EF00013435 1 q. And lastly, what would be involved with the 2 northeastern area? 3 A. The New England states down to probably 4 Maryland. I don't remember which group Maryland was 5 in. 6 Q. And throughout the 1970's, would every state 7 of the United States have fallen into one of these 8 categories? 9 A. Yes. 10 Q. What sales employees for asbestos products 11 can you recall Union Carbide having that covered the 12 western area of the United States? 13 MR. SUNTAG: Same time period, '70 through 14 '81? 15 MR. WAGNER: Right. 16 THE WITNESS: I can't recall for sure. I 17 think -- again, at one point the country -- or the 18 U.S. was divided basically in half, with two -- two 19 supervisors under me, and I think Mr. R.E. Byrne had 20 the western half of the U.S. 21 BY MR. WAGNER: 22 Q. And during what time period are we talking 23 about? 24 A. During that time period. I really can't be 25 more specific, can't remember any more specifics. DEPOSITION OF JOHN L. MYERS 45 UCAREF00013436 1 Mr. T.P. Norris at some point was responsible for the 2 West. I can't remember the dates of that. Probably 3 the late 70's. 4 Q. And you had supervisors for the eastern 5 portion of the United States as well? 6 A. Yes. H.B. Rhodes at one point had the 7 eastern part of the U.S., at one point during that 8 time period, and Mr. G.L. Dickson. 9 Q. Do you know the whereabouts of any of the 10 other supervisors that reported to you when you were 11 manager of marketing for asbestos products of Union 12 Carbide from '70 to_ '81? 13 A. Other than the people I've named? 14 Q. Yes. 15 A. Do I know the whereabouts? 16 Q. Yes. 17 A. I don't know what -- not the names. 18 Q. Well, were there any other supervisors that 19 reported to you during that period of time? 20 A. J.E. Walsh was Southeast, and the names of 21 the chemicals and plastics salespeople that 22 represented us, I can't recall any of those. They 23 were -- they had specific customer assignments as well 24 as geographic assignments. 25 Q. What would the customer assignments typically DEPOSITION OF JOHN L. MYERS 46 UCAREF00013437 1 have been for the chemicals and plastics division? 2 A. Most of them were in the paper industry or 3 the floor tile industry, as I recall. 4 Q. Any other industries that you can recall that 5 the chemicals and plastics division employees would 6 have been involved with asbestos sales? 7 A. Perhaps the acoustical ceiling board, ceiling 8 tile, and this was a short -- relatively short period 9 after I became marketing manager in 1970. 10 Q. And you can't recall the names of any 11 supervisors or sales employees of the chemical and 12 plastic division involved with asbestos of Union 13 Carbide products? 14 A. No, I can't. .a 15 Q. And asxde from Mr. Byrne, Mr. yXoms, 16 Mr. Rhodes, Mr. Dickson, and Mr. Walsh, you can't 17 recall any other supervisors that reported to you when 18 you were manager of marketing asbestos products for 19 Union Carbide from '70 to '81? 20 A. Mr. Ingalls, Mr. Kleber. I can't recall any 21 others. 22 Q. What is Mr. Byrne's full name? 23 A. Robert E. 24 Q. You don't know what the "E" stands for? 25 A. No. DEPOSITION OF JOHN L. MYERS 47 UCAREF00013438 1 Q. Do you know his whereabouts? 2 A. The last I knew, he was in Paw Paw, Michigan. 3 Q. How long ago was that? . 4 A. At least five years. 5 Q. And Mr. Norris's full name, do you know what 6 that was? 7 A. Thomas P. I don't know the initial. 8 Q. Do you know his whereabouts? 9 A. In California, Southern California. I don't 10 know the address. 11 Q. Do you know what city? 12 A. No. 13 Q. Do you have his address or phone number 14 anywhere? 15 A. No, I don't have. 16 Q. Is that in the Los Angeles area? 17 A. Southern -- south of Los Angeles. 18 Q. Orange County? 19 A. I think in Orange County. I can't remember 20 the town 21 Q. Is he retired? 22 A. He's not with Union Carbide. I don't know 23 what he's doing. 24 Q. Do you know if he's currently employed? 25 A. No, I don't. DEPOSITION OF JOHN L. MYERS 48 UCAREF00013439 1 Q Do you know Mr. Rhodes's full name? 2 A. Harrison B. 3 Q. And do you know his whereabouts? 4 A. Grand Junction, Colorado. . 5 Q. What's Mr. Dickson's full name? 6 A. Gordon Lionel. 7 Q. And where is he at? 8 A. He's deceased. 9 Q. What's Mr. Walsh's full name? 10 A. John E. 11 Q. And 1 imagine you know my next question: 12 Where is he at? 13 A. Atlanta, Georgia. 14 Q. Do you have his address or phone number? 15 A. Yes, I do have. 16 Q. Would that be back at the office? 17 A. Yes. , 18 Q. The city is definitely Atlanta, Georgia? 19 A. Well, no, it's one of the suburbs. I can't 20 recall the name of the suburb. 21 Q. What's Mr. Ingalls's first name? 22 A. Blair. 23 Q. And where is he located? 24 A. He's in Lewiston. He's located in Lewiston, 25 New York. DEPOSITION OF JOHN L. MYERS 49 UCAREF00013440 1 Q. What's Mr. Kleber's first name? 2 A. Ed, Edward. 3 Q. And where is he at? 4 A. In San Francisco. 5 Q. Do you have his address or phone number? 6 A. Yes. 7 Q. Back at the office? 8 A. Yes. 9 Q. Does he live right in the City of San 10 Francisco? 11 A. No. 12 Q- What city does he live in? 13 A. I don't know. 14 Q. Is he employed? 15 A. Yes. 16 Q. Where does he work? 17 A. At the Connell Brothers Company, 18 Incorporated, in San Francisco. 19 Q. Can you recall the names of any other 20 employees of Union Carbide that would have been 21 involved in any way in the sale of asbestos products 22 during that period of time, '70 to '81, in the western 23 United States? 24 A. I can't think of any others. 25 Q. Be they supervisors or regular salesmen? DEPOSITION OF JOHN L. MYERS 50 UCAREF00013441 1 A. No. 2 Q. When you were manager of marketing, would you 3 become involved in the day-to-day sales activities for 4 the asbestos products? 5 A. Yes. 6 Q. And what specifically would your involvement 7 be with the actual sales of the asbestos products? I 8 just want to get an idea of what duties you 9 specifically had on a typical day with regard to sale 10 of asbestos products during that period of time. 11 A. Probably discussing with salesmen the -- how 12 they were doing with sales, which companies were 13 buying or which companies they were calling on to try 14 to get them to use Calidria asbestos; that's the trade namejjrunion Carbide^ asbestos. 15 16 Q. Now, when you were manager of marketing for 17 asbestos products, were you involved with all types of 18 Union Carbide's asbestos products from '70 to '81? 19 A. Yes. 20 Q. And with what types of products were those 21 during that period of time? 22 A. They were all the same basic product, short 23 fiber chrysotile asbestos with various names, 24 depending on the purity of the final product, such as 25 standard grade. Is that what you mean? Does that DEPOSITION OF JOHN L. MYERS 51 UCAREF00013442 1 answer your question? 2 MR. WAGNER: Let's mark this as Exhibit C. 3 (Document referred to marked 4 for iden. Exhibit No. C.) 5 BY MR. WAGNER: 6 Q. Let me just ask you, sir, we went ahead and 7 marked this Exhibit C, a single-page document. Can 8 you tell us what that is? 9 A. It's a notice -- looks like a notice from 10 Mr. Byrne to the -- to Union Carbide employees 11 announcing a price increase in the carload pricing for 12 asbestos. 13 Q. And does your name appear on that document? 14 A. Yes. 15 Q. There's a couple of other names here, some of 16 which I believe we've discussed. The first name, 17 Dickson, is that an individual that we just discussed? 18 A. Yes. 19 Q. And the next one, do you recognize that name? 20 A. Yes. 21 Q. Grogan, who is that individual? 22 A. She was employed in the King City plant as 23 customer service. She took orders and arranged 24 shipments. 25 Q. And what's her full name? DEPOSITION OF JOHN L. MYERS 52 UCAREF00013443 1 A. Linda Jo Grogan. 2 Q. Is she still employed with Union Carbide? 3 A. No. 4 Q. Do you know where she works? 5 A. Yes. 6 Q. What is that? 7 A. In San Francisco. 8 Q. For what company? 9 A. For Connell Brothers Company. 10 Q. Do you know where she resides? 11 A. In the San Francisco area. I don't know 12 which city. 13 Q. Would you have her address or phone number 14 somewhere? 15 A. Yes. 16 Q. The next name, do you recognize that? 17 A. Kleber, we've discussed him, yes. 18 Q. The next one, Norris? 19 A. Norris, we've discussed him. 20 Q. And Walsh? 21 A. Yes, we've discussed him. 22 Q. And the other one is Shortridge? 23 A. E.W. Shortridge, he was the plant manager 24 probably at that time, the King City plant manager. 25 Q. of the ore processing facility? DEPOSITION OF JOHN L. MYERS 53 UCAREF00013444 - '" - . _ 1 A. Yes. 2 Q. Do you know how long he was the plant manager 3 at that location? 4 A. I think about three years. 5 Q. And do you know his whereabouts? 6 A. The last I heard, he was in Grand Junction, 7 Colorado. 8 Q. Is he working there? 9 A. I don't know. 10 Q. Do you recognize the product types listed on 11 this Exhibit C? 12 A. Yes. 13 Q. And are those product types that -- for which 14 you were marketing manager for sales from '70 to '81? 15 A. Yes. 16 MR. SUNTAG: Eric, I noticed that some of 17 them are crossed off. 18 19 why. MR. WAGNER: I didn't do that. I don't know 20 Q. Do you recall getting a copy of this document 21 at any time? 22 A. I don't specifically recall it, but yes, I'm 23 sure I did. 24 Q. Would you have any information as to why 25 certain of those items would be crossed off? DEPOSITION OF JOHN L. MYERS 54 UCAREF00013445 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No. Q. Can you just generally describe for us what each of these products are. A. SG--103 and SG-104 are what we call standard grade asbestos products in a pelletized form. SG-130 and SG-144 are the same product except in a -- what we would call open fiber form. SG-200 was a pelletized form of what we call super standard grade. And SG-21Q is the open fiber form of that product. HPP is "high purity pellets," again a little bit higher process form of Calidria asbestos. Q. Can you describe for us what you mean by pelletized. A. Yes, the -- all of the plant production - the ore processing facility production comes out in a dried form as a pellet about a half-an-inch long and a quarter inch in diameter compressed asbestos fibers. Q. That's the end product of the mill process? A. That's the end product, unless there's going to be further processing to grind that into an open fiber product. Q. And that's what you refer to when you identified the fiber types that were open form? A. Yes. Q. I interrupted. Go ahead and continue with DEPOSITION OF JOHN L. MYERS 55 UCAREF00013446 M 1 the list, what's the next? 2 A. The HPO, high purity open, is the open form 3 of the high purity pellet. You want to go to the - 4 crossed-out ones? . "_ 5 Q. Yes. a, 6 A. CG-135-P is a pelletized titan>Cted asbestos 7 fiber. . Ay 8 Q. And what is titan;kted? . 9 A. It's where TIO-2 was mixed with the asbestos 10 fibers during the production, and RG-100 was a 11 pelletized form of a -- the highest grade of asbestos 12 that's produced at the facility. 13 Q. What does the "RG" refer to? 14 A. Resin grade. RG-110 is an open fiber form of 15 standard grade 200. RG-144 is an open fiber form of 16 RG-100. RG-244 is the chemically-modified fiber 17 Visbestos. . 18 Q. And what is that? 19 A. Which is a -- would be very similar to 20 SG--144. But these were trade names for another -- for 21 a distributor. "CSV" is crushed super Visbestos, 22 which is a crushed pellet form of standard grade 200. 23 "SHUR" is Shurlift, which is identical to Visbestos. 24 Q. And you indicated these are trade names? 25 A. The bottom three are -- yes, trademark names. DEPOSITION OF JOHN L. MYERS 56 UCAREF00013447 -- ' - ......... 1 Q. And did you indicate that they pertained to a 2 particular distributor? 3 A. Yes. , 4 Q. And which distributors would pertain to those 5 products? 6 A. Montello, Incorporated. 7 Q. That would be the exclusive distributor for 8 those three bottom types? 9 A. Yes. 10 Q. Were they the distributor of any of the other 11 types? 12 A. No. 13 Q. Where is that company located? 14 MR. MOPPIN: Can we be a little more 15 specific? We don't have the document in front of us, 16 and it's hard to follow along with the numbers and put 17 everything together. .18 BY MR. WAGNER: 19 Q. Can you identify for us the location of 20 Montello? 21 A. Tulsa, Oklahoma. 22 Q. And for what time were they the exclusive 23 distributor of those types? 24 MR. MOPPIN: Oh, vague and ambiguous. 25 THE WITNESS: I don't recall exactly the time DEPOSITION OF JOHN L. MYERS 57 UCAREF00013448 1 period. 2 BY MR. WAGNER: 3 Q. Can you identify which times listed there^.: 4 that they would be the exclusive distributor for -- 5 A. The bottom three? 6 Q. Yes. Just go ahead. 7 A. Visbestos and Super Visbestos and Shurlift. 8 Q. Are you able to give us your best estimate as 9 to when that entity was the exclusive distributor of 10 those products? 11 A. Best estimate would be mid-70's to early or 12 mid-80's. 13 Q. And would they be the exclusive distributor 14 in a defined geographical area? 15 A. Yes. 16 Q. What area would that be? 17 A. The United States -- well, no, let's see. 18 No, they were exclusive worldwide. 19 Q. Were those grades manufactured at any other 20 time? 21 MR. CAINE: At any other time what? 22 BY MR. WAGNER: 23 Q. At any other time, other than when Montello 24 was the exclusive distributor? 25 A. No. DEPOSITION OF JOHN L. MYERS 58 UCAREF00013449 1 Q. When were those grades last made? 2 A. I don't remember. 3 Q. Was it when Montello was last exclusive 4 distributor? 5 A. Yes. It would be in the early 80's. 6 Q. Are you able to tell, just based upon the 7 grade type there, what applications these would have? 8 A. Yes. 9 Q. And can you tell us what each application 10 would be? 11 A. Starting at the top? 12 Q. Right. 13 A. Standard grade 103 and 104 were used in floor 14 tile, vinyl asbestos floor tile. Standard grade 130 15 was used in the coatings and tape joint compounds. 16 Standard grade 144 was used in floor tile. Standard 17 grade 200, very limited in rubber compounds. Standard 18 grade 210 was used in tape joint compounds and - 19 primarily tape joint compounds. 20 Q. Anything else? 21 A. No. High purity pellets were used in the 22 paper industry. 23 Q. Which is MHPP" on this? 24 A. 25 MR. PENROSE: In what industry? DEPOSITION OF JOHN L. MYERS 59 UCAREF00013450 1 THE WITNESS: The paper industry. HPO was 2 used in -- I'm sorry, HPP was used in the paper 3 industry and then in the acoustical ceiling tile. HPO 4 was used in the coatings such as roof coatings. 5 RG-100 -- 6 BY MR. WAGNER: 7 Q. Would HPO also be used in the tape industry? 8 A. No. 9 MR. VALEN: Objection, vague and ambiguous. 10 BY MR. WAGNER: 11 Q. It wouldn't be appropriate for tape joint? 12 A. I don't -- 13 MR. SUNTAG: Objection to the extent it calls 14 for testimony that this witness is not qualified to 15 render. 16 MR. CAINE: Also asked and answered. 17 BY MR. WAGNER: 18 Q. Okay; strike that question then. The next 19 one is -- 20 A. CG-135-P was used in the coatings 21 industry, paint compounds. 22 Q. What does the "CG" stand for? 23 A. Coatings grade, and WP" indicates it was 24 pellets. 25 Q. Okay; the next? DEPOSITION OF JOHN L. MYERS 60 UCAREF00013451 1 A. RG-100, I can't recall that we had any 2 commercial sales of that- RG-110 was used in 3 automobile undercoatings. RG-144 was used primarily 4 in epoxy resins and other resin systems. RG-244 was 5 used in polyester resins and other resin systems. The 6 last three, Visbestos, Super Visbestos, and Shurlift, 7 were used in the well-drilling industry. 8 Q. When you identified tape joint as an 9 application of some of these grades, what specifically 10 were you referring to in that regard? 11 A. It's the compound used between gypsum boards 12 for -- to -- which are used in the walls of homes. 13 The tape joint compound is used to fill the cracks in 14 between the sheetrock. 15 Q. Do you know if that fiber type SG-103 would 16 be appropriate for use in manufacture of wall board? 17 A. SG-103? 18 Q. 130. 19 A. Oh, 130. No. That was used in coat-textured 20 coatings, and no, nothing was used in wall board. 21 Q. What type of textured coatings are you 22 referring to with regard to SG-130? 23 A. Water-based. 24 Q. And what type of textured coatings that were 25 water-based are you referring to? DEPOSITION OF JOHN L. MYERS 61 UCAREF00013452 1 A. I don't have any other information than that. 2 Q. Do you have any understanding as to the 3 application of those textured water-base coatings that 4 the SG-130 would be appropriate for use in? 5 A. Well, used in a home for -- it's a coating 6 that has a texture to it. 7 Q. But you're distinguishing that from tape 8 joint; is that true? 9 A. Yes. 10 Q. And can you explain that; how is it 11 different? 12 A. Well, a tape joint compound is not -- it's 13 not something that you see when you walk into a home. 14 It's part of a sealing process between the -- the 15 sheetrock. 16 Q. And the textured coating? 17 A._ The textured coating is the final coating on 18 a surface. 19 Q. A wall or a ceiling? 20 A. Yes. 21 Q. . And you also identified rubber compounds as 22 an appropriate application for the SG-200? 23 A. Yes. That was -- was never very successful. 24 The -- again, I don't -- the amount of sales would 25 have been very limited. DEPOSITION OF JOHN L. MYERS 62 U CAR EF00013453 1 Q. Can you just explain for us, generally 2 speaking, what application you're referring to when 3 you identify rubber compounds? 4 A. Not too specifically. It was used -- it was 5 intended to be used as a filler in rubber compounds. 6 Q. What do you mean by the term? 7 A. To add some strength. 8 Q. What do you mean by the term "rubber 9 compounds"? 10 A. Well, natural rubber or SBR, I think it was 11 styrene butadiene rubber; I don't know much about the 12 rubber industry at all. 13 Q. Are you referring to a gasketing type 14 material? 15 A. I don't know what they used it in. 16 Q. Okay; and you also identified paper as being 17 an appropriate application for one or more of these 18 grades. What specifically were you referring to with 19 regard to the term "paper"? 20 A. For production of -- of bond paper, the HPP 21 was used as a pitch control agent. 22 Q. And that's what you're referring to with 23 regard to paper? 24 A. Yes. 25 Q. And that would be used in the manufacturing DEPOSITION OF JOHN L. MYERS 63 UCAREF00013454 1 process, to your understanding, to control pitch? 2 A. Yes. 3 Q. You indicated coatings would be an 4 appropriate application of the HPO. 5 A. Yes. 6 Q. What type of coatings were you referring to 7 in that regard? 8 A. Again, I think it was mainly water-based 9 coatings, coal tar coatings. I can't remember any 10 other names or types of materials that it would be 11 used in. 12 Q. Was the RG--100 the only grade listed here on 13 this Exhibit C that you cannot recall any commercial 14 sales for? 15 A. Yes. And we may have had some sales, but I 16 can't recall specifically. It was not a very 17 successful product. 18 Q. And then the RG-144, you indicated, would be 19 appropriately used for epoxy systems? 20 A. Yes. 21 Q. And can you just generally describe for us 22 what you're referring to in that regard? 23 A. You mean how was it used? 24 Q. The product type that you're referring to 25 when you use that terminology "epoxy." DEPOSITION OF JOHN L. MYERS 64 U CAR E F00013455 1 A. Again, I wasn't in that end of the industry. 2 The RG-144 was marketed as a thixotropic agent, 3 viscosity control agent for epoxy and other resin 4 systems. 5 Q. And you said you're not -- you were not 6 involved in that end of the business. What did you 7 mean by that? 8 A. No, no. I'm not involved in the epoxy 9 business. 10 Q. You mean in the applications? 11 A. Yes. I don't know anything about the types 12 of epoxy resins or any details about the other resin 13 systems in which it was used. 14 Q. You wouldn't have any information as to the 15 application of the RG-144 by any of the customers of 16 Union Carbide? 17 A. Well, as I say, the application was as a 18 viscosity control agent in these resin systems, you 19 know, and I would know that the customer would mix the 20 RG-144 with the resins to give them the properties 21 they wanted. 22 Q. And would that be true with the RG-244? 23 A. Yes. 24 Q. Do you know if the RG-144 and the RG-244 25 would have any application in the aerospace industry? DEPOSITION OF JOHN L. MYERS 65 UCAREF00013456 1 A I don't know if they used the resins in which 2 it was applied. It's possible, yes. 3 Q. Are you aware of any other grades listed here 4 that would have any application in the aerospace 5 industry? 6 A. Well, I'm not sure that 144 and 244 did 7 because I am -- that's down the line from where -- in 8 the customer chain. But no, I don't know of any 9 others that would -- we did not promote any of these 10 other products for use in resin systems. * 11 Q. Were each of these grades manufactured by 12 Union Carbide? 13 A. Yes. 14 Q. And the manufacturing of each of these grades 15 involved a milling process? 16 A. Yes. 17 Q. Did it also involve introduction of any other 18 material with asbestos fiber to create these grades? 19 A. Well, as I stated, the CG-135-P contains 20 titanium dioxide, and the RG-244 was chemically 21 treated to provide a silica surface on the fibers. 22 Q. Except for those two items on Exhibit G, were 23 any of the other grades listed there chemically 24 treated by Union Carbide in the manufacturing process? 25 A. No. I think you meant Exhibit C. DEPOSITION OF JOHN L. MYERS 66 UCAREF00013457 1 Q. Yes. 2 A. I thought you said "G." 3 Q. "C." I probably mumbled. 4 Do you recognize these fiber grades on 5 Exhibit C as fiber grades all of which were 6 manufactured at the King City location? 7 A. Yes. 8 Q. To your knowledge, were they manufactured at 9 any other location of Union Carbide at any time? 10 A. No. 11 Q. During what period of time were these grade 12 types listed on Exhibit C manufactured at the King 13 City location of Union Carbide? 14 MR. SUNTAG: Objection to the extent it's a 15 compound question, because there are many different 16 grades listed. 17 MR. WAGNER: We can go grade by grade. 18 Strike that question. 19 Q. With regard to the first grade listed here on 20 Exhibit C that we just discussed, can you tell us 21 during what time period the Union Carbide facility in 22 King City manufactured that grade? 23 A. It might be easier for me to explain a little 24 bit. 25 Q. Sure. Whatever you need to do to make it DEPOSITION OF JOHN L. MYERS 67 UCAREF00013458 . 1 clear. 2 A. SG-100, which is not listed, SG-102, which is 3 not listed, SG-103 and SG-104 were all exactly the 4 same product in different packaging. 5 Q. Those four that you just listed, 100, 102, 6 103, and 104 were identical? 7 A. Materialwise, they were identical. They were 8 in different packaging. And they were manufactured 9 from -- that form of asbestos was manufactured from 10 probably 1963 or '64 through whatever time period 11 we've been discussing. 12 Q. To the present? 13 A. Yes. Again, that product, not -- not by 14 these names is what I'm trying to distinguish. And 15 I'm sorry, it's not manufactured at the present time, 16 no. 17 Q. When was it -- 18 A. I don't think so. . 19 Q. When was that, to your knowledge, last 20 manufactured? 21 A. Probably in the -- oh, in the mid -- the 22 early to mid-80's. 23 Q. And throughout that period of time, those 24 SG-100, 102, 103, and 104 products were made in the 25 King City location of Union Carbide? DEPOSITION OF JOHN L. MYERS 68 UCAREF00013459 1 A. Yes. 2 Q. Okay; and if we could continue then with the 3 list. 4 A. SG-130, I -- I really don't know when they 5 were -- when it was started and stopped. 6 Q. Can you give us your best estimate. 7 A. The best estimate for SG-130 would be 8 starting in the early 1970's and probably ending by 9 the late 70's. SG-144 had a very limited time of 10 production, probably a couple of years in the 11 mid-70's. SG-200 was, as I said, a -- I can't 12 remember any sales or when it was. It was very 13 limited production. 14 Q. In the 70's? 15 A. In the 70's sometime. SG-210 would have been 16 produced in the 70's. 17 Q. Any other time? 18 A. Probably not. HPP was -- probably production 19 began in the mid to late 60's, and it was produced 20 probably through the mid-70's, and the same for HPO. 21 RG-100, again, is the pelletized form of RG-144, so 22 that production probably began in the late 60's and 23 continues today. RG-244 was started in the late 60's 24 and continues today. 25 Q. And RG-110? DEPOSITION OF JOHN L. MYERS 69 UCAREF00013460 1 A. Oh, I'm sorry, RG-110 again was a very 2 limited length of time. Probably just a couple of 3 years in the mid-70's. 4 Q. And the CGP? 5 A. Again, very low production and very limited 6 sales, and I can't even guess on the time period. 7 Q. Okay; then the final entries? 8 A. The final three, Visbestos, Super Visbestos, 9 and Shurlift, which I think we already discussed, were 10 probably in the mid-70's to the early 80's. 11 Q. Now, you did identify a couple of grades that 12 were not listed on this Exhibit C, and we talked about 13 those, and that was the SG-100 and 102. Can you 14 recall any other grades of Union Carbide asbestos that 15 we have not discussed? 16 A. Yes. We had a -- a T-135-P and a T-135-0. 17 Q. And that referred to? 18 A. These -- 19 Q. Pelletized or open? 20 A. Yes. And that product was -- there are two 21 different varieties of TI0-2. T-135 was mixed with 22 anatase, TIO-2, titanium dioxide, and the CG-135-P was 23 mixed with rutile. 135 was used in the paper 24 industry. 25 Q. What application? DEPOSITION OF JOHN L. MYERS 70 UCAREF00013461 1 A. In the paper industry. 2 Q. To control pitch? 3 A. No. 4 Q. Do you have any understanding as to what 5 application it did have? 6 A. It was used to provide a whiter paper. 7 Q. And the other "T" product, what was the 8 application? 9 A. That was the same. 10 Q. In pelletized or open form? 11 A. Yes. 12 Q. And what period of time was that made? 13 A. The same as HPP -- I'm sorry, not the same as 14 HPP. It was more limited than that. It would have 15 been late 60's to early 70's, probably. 16 Q. Okay. Now, have we discussed all of the 17 grades that you can recall being made at the King City 18 location? 19 A. There was another trade name for the drilling 20 mud products which were similar to these three listed; 21 that was called Imcobest. Same product but in a 22 different bag. 23 Q. Did that have a numerical designation of this 24 type? 25 A. No, no. DEPOSITION OF JOHN L. MYERS 71 UCAREF00013462 1 Q. And it was the same product as what? 2 A. As these -- Visbestos, same as Visbestos. 3 Q. And aside from what we've discussed, can you 4 recall any other grade types made at the King City 5 location of Union Carbide? 6 A. No, I can't recall any. 7 MR. WAGNER: Why don't we go off the record. 8 (Discussion held off the record.) 9 (Lunch recess.) 10 BY MR. WAGNER: 11 Q. Getting back to Exhibit C, you indicated the 12 names of a couple of grades that were not listed on 13 this page, and my notes indicate that SG-100, 102, as 14 well as 103 and 104, which are listed here, you 15 indicated, are the same grade types? 16 A. Yes. 17 Q. And what was the reason for the difference in 18 designation of that product? 19 A. Different packaging. 20 Q. And what about that packaging was different? 21 A. SG-100 was 50-pound paper bags. SG-102 was 22 100-pound paper bags. SG-103 was plastic bags, and 23 SG-104 was the material shipped in bulk -- bulk 24 railroad hopper cars. 25 Q. And that would be non-bagged material? DEPOSITION OF JOHN L. MYERS 72 UCAREF00013463 1 A. Non-bagged. 2 Q. And what quantity would 103 be packaged? 3 A. Well, that was sometimes -- sometimes it was 4 -- as I recall, it was -- SG-103-5 was 50-pound bags, 5 and it seemed like we also had an SG-103-7, which was 6 70-pound bags. These were packaged normally for 7 customer requirements. 8 Q. Okay. The 50-pound paper bags, cam you 9 describe their appearance? 10 A. Well, the three-ply jferaft. paper bag, about 11 two cubic feet. K 12 Q. ^raft -- K 13 A. Unbleached jgraft. 14 Q. Brown? 15 A. Which is a light brown color. 16 Q. And can you describe the appearance of the 17 100-pound bags? 18 A. The same, larger. 19 Q. And can you describe the appearance of the 20 plastic bags? 21 A. It was a white polyethylene. 22 Q. And that would be the same for the 50- or 23 70-pound? 24 A. Yes. 25 Q. All right. With regard to the other grades DEPOSITION OF JOHN L. MYERS 73 UCAREF00013464 1 listed on Exhibit C, how would those be packaged? 2 A. In the paper -- paper bags. 3 Q. 50 or 100-pound? 4 A. Different -- they vary, depending on the 5 product. 6 Q. How would they vary? 7 A. We tried to use a similar size bag, and if 8 the product -- depending on the density, there would 9 be a different weight in the bag. The bags were 10 generally the same physical dimensions but held more 11 or less material because of the density of the final 12 product. 13 Q. And what was the physical dimensions of those 14 bags? 15 A. I don't recall. 16 Q. Are you able to estimate for us how large 17 those were? 18 A. I think they were about two cubic feet total 19 volume. 20 Q. And was that true of both the plastic and 21 paper bags? 22 A. Yes. 23 Q. Can you recall now of these grade types being 24 packaged in any other size bags at any time? 25 A. No. DEPOSITION OF JOHN L. MYERS 74 UCAREF00013465 1 Q. And all of these grade types could have come 2 in either the plastic or paper bags; is that true? 3 A. No. 4 Q. Which ones could have come in the paper bags? 5 A. The pelletized products. 6 Q. Any others? 7 A. I'm sorry, the -- what was the question? I'm 8 sorry. 9 Q. I just want to know which ones of these 10 grades would have come in a paper bag? 11 A. They all came in paper. The pelletized 12 products were the only ones available in plastic. 13 Q. And would all of the pelletized grades that 14 we've discussed come in either paper or plastic? 15 A. Or in bulk, as I mentioned. 16 Q. Would all of these grade types also be 17 available in bulk railcar? 18 A. No. 19 Q. Which ones would be available in that one? 20 A. SG--104 was the only product sold in bulk. 21 Q. In the loose railcar form? 22 A. Ves. 23 Q. And during what period of time was the 24 packaging that you just described used by Union 25 Carbide, to your knowledge? DEPOSITION OF JOHN L. MYERS 75 UCAREF00013466 1 MR. SUNTAG: Which packaging are we talking 2 about? 3 BY MR. WAGNER: 4 Q. The paper and plastic packaging and bulk 5 railroad packaging or delivery used by Union Carbide? 6 A. I don't remember. The original use was -- 7 original packaging was paper. I don't remember when 8 we made plastic bags available. 9 Q. Was that in the 1970's? 10 A. I don't remember. 11 Q. Can you recall any other type of packaging 12 used for these grade types? 13 A. No. 14 Q. Can you recall any labeling on any of the ( 15 paper packages for any of these grade types? 16 A. Yes. 17 Q. Can you describe that for us. 18 A. The label or the entire -- what do you mean? 19 Q. Any labeling that you can recall on any of 20 the paper bags for those grade types. 21 A. There wasn't any -- necessarily any labeling 22 applied. The bags were imprinted -- pre-printed. 23 Q. With what marking? 24 A. With the name of the product, the term 25 "Calidria," the net weight of the package, the company DEPOSITION OF JOHN L. MYERS 76 UCAREF00013467 1 name and location. 2 Q. Meaning Union Carbide? 3 A. Yes. 4 Q. And what location? 5 A. I think they usually said "King City, 6 California." 7 Q. And that would refer to the location that it 8 was processed? 9 A. That's where it was produced. 10 Q. And was King City the only location where 11 these grade types were produced? 12 A. Yes. 13 Q. And can you recall any other markings on any 14 of the paper bags? 15 A. There were, starting in 1968, warning labels 16 on the packages warning of the health hazards of 17 asbestos. 18 Q. Can you recall specifically what the warnings 19 said in 1968? 20 A. No. I can't. 21 Q. Can you give us a general idea of what the 22 warning indicated? 23 A. In general, they said, `'Avoid creating dust." 24 I can't remember what -- what else they said. 25 Q. And on what packages was this warning placed? DEPOSITION OF JOHN L. MYERS 77 UCAREF00013468 1 A. On all packages. 2 Q. Paper and plastic? 3 A. Yes. 4 Q. Actually, let me clarify: Was plastic in use 5 in 1968? 6 A. I don't know. I don't remember when we 7 started that. 8 Q. Aside from the wording that you've identified 9 for us so far, can you recall any other wording on any 10 paper bags of Union Carbide asbestos at any time? 11 A. When OSHA published rules in the -- I think 12 1970 or 1972; I thought I'd never forget that date, 13 but there was -- OSHA-prescribed wording was initiated 14 on the bags. 15 Q. All bags? 16 A. Yes. 17 Q. Can you recall what wording that was? 18 A. No, I can't. It was very similar to the 19 previous warning. 20 Q. Prior to 1968, did any packaging of any Union 21 Carbide asbestos fiber have any warning label on it? 22 A. No. 23 Q. From 1968 until that time when the OSHA 24 requirement concerning a warning came into effect, did 25 that warning change at all? DEPOSITION OF JOHN L. MYERS 78 UCAREF00013469 1 A. No. 2 Q. Do you recall any logos or insignias on any 3 of the packages, paper bags? 4 A. Just the Calidria name was a trademark name, 5 and let me -- looking at the list again, we do have 6 those bottom three products which were -- were labeled 7 differently than the -- what was sold under the Union 8 Carbide name. 9 Q. And how were those different -- 10 A. They had the name Montello, Incorporated, 11 rather than Union Carbide. 12 Q. Would it indicate "Calidria" or "King City" 13 on it? 14 A. No. 15 Q. The plastic bags in which the asbestos was 16 packaged, how would those be labeled? 17 A. Same as the paper. 18 Q. Would there be any difference? 19 A. No. There were -- on the bags there would 20 also always be the bag manufacturer's information, 21 over which we had nothing to do with. 22 Q. After you were a manager of marketing for 23 Union Carbide Asbestos in 1981, did your title or 24 duties change at all? 25 A. Yes. DEPOSITION OF JOHN L. MYERS 79 UCAREF00013470 1 Q. And how did those change? 2 A. I was transferred back to King City in 1981 3 as the manager of the mine and mill operations. 4 Q. And who did you replace? 5 A. A W.B. Deatley. 6 Q. Is he still with the company? 7 A. I don't know. I don't think so, but I don't 8 know for sure. 9 Q. Do you know his whereabouts? 10 A. No, I don't. 11 Q. Where was he located when last you had any 12 information about him? 13 A. The last I remember, I think he was in the 14 Union Carbide's Danbury headquarters. 15 Q. Where is that? 16 A. Danbury, Connecticut. 17 Q. And when was that? 18 A. At least 10 years ago. 19 Q. Do you know how long he was manager of mine 20 and mill at the King City location? 21 A. I think about three years. 22 Q. What duties did you have in 1981 when you 23 became the manager of the mine and mill at King City? 24 A. I was responsible for the overall operation 25 of the mining -- mining and milling. DEPOSITION OF JOHN L. MYERS 80 UCAREF00013471 1 Q. What specific duties did you have with regard 2 to the mining activities? 3 A. Just overseeing the mining superintendent and 4 the -- again, just the overall manager of the project. 5 Q. And who was the mining superintendent at that 6 time? 7 A. Dick A. Marsten. I'm not sure if it was "A." 8 It was Richard Marsten. 9 Q. Do you know his whereabouts? 10 A. He's in King City, California. 11 Q. Do you have his address or phone number? 12 A. No. 13 Q. By whom is he employed? 14 A. He's retired. 15 Q. Do you know how long he was the mining 16 superintendent? 17 A. No, I don't. 18 Q. Do you know if that was more then a decade? 19 A. I'd say it was probably around 10 years. 20 Q. And what responsibility did you have with 21 regard to the milling? 22 A. Again, just being overall manager of the 23 operation. 24 Q. Can you give us just a little bit more detail 25 about specifically what responsibilities you had in DEPOSITION OF JOHN L. MYERS 81 UCAREF00013472 1 that regard in 1981 2 A. Responsible for production, quality. 3 Q. Did you have a direct superior at the King 4 City location? 5 A. No. 6 Q. Did you have foremen or superintendents that 7 reported to you directly? 8 A. Yes. 9 Q. How many of those? 10 MR. SUNTAG: This is all 1981 still? 11 MR. WAGNER: Right. 12 THE WITNESS: Probably three, perhaps. 13 BY MR. WAGNER: 14 Q. And were they from different departments or 15 divisions? 16 A. Yes -- no, not divisions. 17 Q. What, departments? 18 A. Just groups. Production, maintenance, and 19 shipping and handling -- shipping and labor. 20 Q. And who reported to you from each of these 21 groups? 22 A. Production was R.J. Khronkyte, and 23 maintenance was R.L. Grogan. And shipping and labor 24 -- I'm not sure. There was a fellow, B.E. Usrey, who 25 during that period of time was -- was production as DEPOSITION OF JOHN L. MYERS 82 UCAREF00013473 1 well as -- I think I need to go back a little bit. 2 It's coining back to me how the organization ran. 3 Q. Okay. 4 A. If I could kind of start over on the 5 question. Reporting directly to me was R.J. 6 Khronkyte, and then under him was a maintenance 7 supervisor, R.L. Grogan, and production supervisor, 8 B. E. Usrey. And the shipping and labor was -- again, 9 it changed during the four years or whatever, but was 10 C. F. Grogan. Those people -- see, they didn't report 11 directly to me. They reported to Mr. Khronkyte, who 12 reported to me. 13 Q. Do you know R.L. Grogan's whereabouts? 14 A. He's in King City. 15 Q. Retired? 16 A. No. 17 Q. Where does he work? 18 A. At the asbestos production facility. 19 Q. Is that KCAC? 20 A. KCAC, right. 21 Q. And do you know of C.F. Grogan's whereabouts? 22 A. He's in the King City area. 23 Q. Do you know where he works? 24 A. Yes. 25 Q. Where is that? DEPOSITION OF JOHN L. MYERS 83 UCAREF00013474 1 A. For a land company. 2 Q. What company is that? 3 A. I don't remember the name. An agricultural 4 area. - 5 Q. Is that located in the City of King City? 6 A. No. 7 Q. Would you have his address or phone number 8 anywhere? 9 A. I don't have it, no. 10 Q. What's.his full name? 11 A. Carol F. Grogan. 12 Q. What is R.L. Grogan's full name? 13 A. Raymond L. 14 Q. And are they related? 15 A. Yes. 16 Q. Brothers? 17 A. Brothers, yes. 18 Q. What's Mr. Usrey's full name? 19 A. Billy E. I don't know the middle initial. 20 Q. Where is he located at present? 21 A. In King City. 22 Q. Does he work there? 23 A. Yes. 24 Q. Where at? 25 A. At the KCAC asbestos facility. DEPOSITION OF JOHN L. MYERS 84 UCAREF00013475 1 1 Q. Do you know what his title is at present? 2 A. Well, no, I'm not sure since I'm not there 3 anymore. but I think it would be production 4 superintendent. 5 Q. And how about R.L. Grogan, do you know what 6 he does for KCAC? 7 A. He's maintenance superintendent. 8 Q. And how long were you responsible for the 9 mining and milling operation at King City? 10 A. Until December 31, 1993. 11 Q. Did you have any other duties, other than 12 those that you've described from 1981 through December 13 of 1993? 14 A. Yes. 15 Q. What other duties did you have? 16 A. In 1985, when the business was sold to KCAC, 17 I became president of KCAC. 18 Q. And how long did you act as president of 19 KCAC? 20 A. Until I retired. 21 Q. Continuously from 1988 through December of 22 1993? 23 A. 1985. 24 Q. '85, I'm sorry. Continuously from 1985 25 through December of 1993, you were president of KCAC? DEPOSITION OF JOHN L. MYERS 85 UCAREF00013476 1 A. Right. 2 Q. What's the full name of that company? 3 A. KCAC, Incorporated. 4 Q. Other than those that you've explained for us 5 from 1981 through 1993, did you have any other titles 6 while working at that King City location? 7 A. No. 8 Q. What duties did you have as president of KCAC 9 from '85 through '93? 10 A. They were essentially the same as when I was 11 the manager of the mining and milling facility. 12 Q. Just a better title? 13 A. Better title and taking on the financial end 14 of the business as well as the operational end. 15 Q. Were you involved in the sale to KCAC as far 16 as negotiating any details of the transaction? 17 A. I was not involved with negotiations. 18 Q. Do you know how that acquisition occurred? 19 Was it a purchase by KCAC? 20 MR. SUNTAG: Objection to the extent it calls 21 for a legal conclusion, but you can give your 22 understanding. 23 THE WITNESS: Yes, it was purchased by KCAC. 24 BY MR. WAGNER: 25 Q. Was that a stock purchase, to your knowledge? DEPOSITION OF JOHN L. MYERS 86 UCAREF00013477 1 MR. SUNTAG: Same objection. 2 THE WITNESS: No, no, it was not. 3 BY MR. WAGNER: 4 Q. From '81 through '85, what was the full name 5 of your employer? 6 A. It was the Union Carbide Corporation Metals 7 Division until some period of probably less than a 8 year prior to July '85, they -- Calidria Corporation 9 was established as a subsidiary of Union Carbide. 10 Q. And that occurred in July of 1985? 11 A. No. 12 Q. When did that occur? 13 A. I can't remember, but it was approximately 14 one year before July '85. It was in the year before 15 July of '85. 16 Q. Then the sale to KCAC occurred in July of 17 1985? 18 A. Yes. 19 Q. When Calidria Corp was created in 1984, 20 approximately, in what business was it involved? 21 A. The operation of the mining and milling of 22 asbestos. 23 Q. And was that the same as it had operated as 24 the metals division of Union Carbide? 25 A. Yes, yes. DEPOSITION OF JOHN L. MYERS 87 UCAREF00013478 1 Q. And in what business was KCAC in after the 2 acquisition of Calidria Corp? 3 A. The same business. 4 Q. Did it change, to your knowledge, in any way 5 after Calidria Corp was acquired by KCAC? 6 A. Again, as I said, we took on the financial 7 end of the business, which we had not had before. 8 MR. SUNTAG: Let me object; I'm not sure that 9 the testimony is that Calidria Corp was acquired by 10 KCAC. 11 BY MR. WAGNER: 12 Q. Let's ask that: Was Calidria Corp acquired 13 by KCAC, to your knowledge? 14 A. No. I'm sorry, I didn't pick up on that. 15 Q. What became of Calidria Corp, to your 16 knowledge? 17 A. I don't know whether it's still in existence 18 or not. 19 Q. What is your understanding as to what 20 specifically was acquired by KCAC in 1985? 21 A. It's my understanding that the assets of the 22 asbestos business were purchased by KCAC. 23 Q. And how do you know that? 24 A. I said it's my understanding. 25 Q. Do you know if the liabilities were acquired? DEPOSITION OF JOHN L. MYERS 88 UCAREF00013479 1 A. They were not. 2 Q. And how do you know that? 3 A. By the -- the copy of the agreement, the 4 sales contract. 5 Q. Do you have a copy of that still? 6 A. I may have, yes. 7 Q. If you did, would it be back at your office? 8 A. Yes. 9 Q. But it's your recollection there was an 10 express disclaimer of assumption of liabilities? 11 A. As I remember, yes. 12 Q. Have you been employed after you left KCAC at 13 any time? 14 A. Noy i. ccn\ Mayor -njr City- 15 Q. And we've been referring to your office; is 16 that a location where you do any type of consulting 17 work? 18 A. I'm, as part of the retirement agreement, 19 technical consultant to KCAC for 1994 and 1995. 20 Q. And aside from that, do you have any other 21 business activities at present that you engage in? 22 A. No, X &r%\ 23 Q. What duties do you perform as a technical 24 consultant for KCAC? 25 A. Very limited. Whatever they ask me to do DEPOSITION OF JOHN L. MYERS 89 UCAREF00013480 1 relating to some technical question at the plant or 2 any related activity. 3 Q. Are there administrative offices located at 4 the processing plant of KCAC at present? 5 A. What do you mean by administrative? 6 Q. Business offices for recordkeeping and 7 management of business affairs? 8 A. Yes. , 9 Q. And were those present at the time that Union 10 Carbide was operating the facility? 11 A. Yes. 12 Q. Were the day-to-day business activities of 13 the King City processing facility managed in that 14 administrative office, to your knowledge? 15 A. I'm sorry, repeat that. 16 Q. I just want to know, to your knowledge, if 17 the day-to-day administrative bookkeeping activities, 18 for example, were handled at that administrative 19 office at the King City location? 20 MR. SUNTAG: At what time period? 21 MR. WAGNER: At the time it was Union 22 Carbide. 23 MR. SUNTAG: The entire time? 24 MR. WAGNER: Yes. 25 THE WITNESS: What kind of bookkeeping? I'm DEPOSITION OF JOHN L. MYERS 90 UCAREF00013481 1 sorry. 2 BY MR. WAGNER: 3 Q. What bookkeeping was done there, to your 4 knowledge? 5 A. Well, the records of production and sales, 6 employee records, payroll records. 7 Q. To your knowledge, were any business records 8 of the Union Carbide King City location maintained at 9 any other location? 10 MR. SUNTAG: Objection; vague and ambiguous, 11 but you can give your understanding. 12 THE WITNESS: Well, if you say what kind of 13 business records again? 14 BY MR. WAGNER: 15 Q. Any other records of any kind that would 16 relate in any way to the business activities of Union 17 Carbide at the King City location? 18 A. In the period from -- to 1985? 19 Q. Right. 20 A. Yes, there were. 21 Q. Okay; what other records would, to your 22 understanding, would be maintained elsewhere? 23 A. The payroll -- actual payroll -- the payroll 24 was made from Grand Junction, Colorado. That was a - 25 and the business records were maintained at the Union DEPOSITION OF JOHN L. MYERS 91 UCAREF00013482 1 Carbide headquarters in Danbury, Connecticut. Again, 2 the financial records of the company. 3 Q. And aside from that, the other business 4 records were kept at the King City location, to your 5 knowledge? 6 A. Yes. 7 Q. Do you know what became of the sales records 8 of the Union Carbide location in King City after the 9 sale to KCAC? 10 MR. SUNTAG: Objection; vague and ambiguous- 11 by what you mean by sales records. 12 BY MR. WAGNER: 13 Q. You indicated that there were different types 14 of records that were kept at the King City location of 15 Union Carbide, and by my notes one of the groups of 16 documents was sales documents. 17 A. Yes. There were -- there are sales records 18 kept in King City, right, yes. 19 Q. And what became of those after the sale to 20 KCAC? . 21 A. They are still in King City, to the best of 22 my knowledge. 23 Q. Did those go along with KCAC as part of the 24 sale, to your knowledge? 25 A. Yes. DEPOSITION OF JOHN L. MYERS 92 UCAREF00013483 1 Q. Do you know if any of the sales records were 2 retained by Union Carbide after that sale? 3 A. Well, again, when you say sales records, 4 that's a pretty broad term. Call reports, as far as 5 sales records of sales, those are kept in King. City 6 and were passed on to KCAC. Other types of sales 7 information was not passed on; it was maintained by 8 Union Carbide. 9 Q. What types of sales information are you 10 referring to there? 11 A. I'm thinking of salesmen call reports. 12 Basically that's what I would -- something that was in 13 a salesman's records. 14 Q. What type of production records can you 15 recall being maintained at the King City location of 16 Union Carbide? 17 A. During the entire time Union Carbide owned 18 it? 19 Q. Yes. To your recollection, what type of 20 production records were there? 21 A. How much product was produced on a daily and 22 monthly basis, annual basis. The quantities of each 23 type of product. Actually daily, monthly, quarterly, 24 annually. . 25 Q. Would that also pertain to the mining DEPOSITION OF JOHN L. MYERS 93 UCAREF00013484 1 operation? 2 A. Yes, except as 1 explained, the mine 3 operation was a campaign-type operation, and there 4 were -- there was ore produced during certain periods' 5 of certain years. Those records would be in King 6 City. 7 Q. And those went along to KCAC after the sale? 8 A. Yes. 9 Q. Did Union Carbide retain any copies of the 10 daily, monthly, or annual production quantity 11 documents that you just referenced? 12 A. Not to my knowledge. 13 Q. Were employee records records of the type 14 that were maintained at the King City location of 15 Union Carbide? 16 A. Yes. 17 Q. And were those transferred to KCAC at the 18 time of the sale? 19 A. Some of them were. 20 Q. To your knowledge, what employee records 21 would not have been transferred as part of the sale? 22 A. Those people who were no longer employees, 23 who were not going to -- who were ex-employees of 24 Union Carbide or who were not going to transfer to 25 KCAC. DEPOSITION OF JOHN L. MYERS 94 UCAREF00013485 1 Q. Were the mine and manufacturing locations of 2 Union Carbide in the King City area part of the sale 3 to KCAC? 4 A. Yes. But again, the mine was not owned by 5 Union Carbide. It was on leased property. 6 Q. Was that lease assigned, to your knowledge, 7 to KCAC? 8 A. Yes. 9 Q. And the manufacturing facility was part of 10 the sale? 11 A. Yes. 12 Q. Was any other business activity of Union 13 Carbide, to your knowledge, aside from the mining 14 activity and the manufacturing activity in the King 15 City area, part of that sale to KCAC? 16 A. Not to my knowledge. 17 Q. Were all of the employees of Union Carbide 18 made employees of KCAC after that sale? 19 MR. SUNTA6: All of the employees at King 20 City? . 21 BY MR. WAGNER: 22 Q. Yes. The King City area, either the mine or 23 the milling operations. 24 A. No. 25 Q. How was that determination made, to your DEPOSITION OF JOHN L. MYERS 95 UCAREF00013486 1 knowledge? 2 A. The determination was made by the individual. 3 He had a choice of resigning or retiring or becoming 4 an employee of KCAC. 5 Q. Prior to 1984, was Calidria, to your 6 knowledge, ever a separate division of Union Carbide? 7 A. No. 8 Q. Do you know what the term ''Calidria" refers 9 to? 10 A. That's the trademark name of asbestos -- 11 Union Carbide's asbestos product. 12 Q. That would be all Union Carbide asbestos 13 products? 14 A. Yes. 15 Q. Calidria then would be used generically to 16 describe any number of grade types that we've 17 discussed? 18 A. Except for the drilling mud grades, yes. 19 Q. And those would be known as Montello product? 20 A. And by their own trade name, Visbestos, Super 21 Visbestos, and Shurlift. 22 Q. Aside from those grades, Calidria could be 23 used generically to describe any other Union Carbide 24 grade? 25 A. Yes. DEPOSITION OF JOHN L. MYERS 96 UCAREF00013487 1 Q. Was the chrysotile the only fiber type sold 2 by Union Carbide? 3 A. Yes. 4 Q. All Calidria asbestos, then, to your 5 knowledge, would be chrysotile? 6 A. Yes. To be more specific, it's short-fiber 7 chrysotile. 8 Q. All of the grades that we've discussed? 9 A. Yes. 10 Q. The sole source of the Calidria asbestos was 11 the King City mine? 12 A. Yes. Again, I assume you're talking about 13 the mine near King City. 14 Q. I understood it's 30 miles south. 15 A. East. 16 Q. East. Was the sales force maintained at the 17 King City location of Union Carbide at any time, to 18 your knowledge? 19 A. No. 20 Q. Were the sales employees that handled sales 21 of the Union Carbide grade fibers from the King City 22 location all handled out of Niagara Falls? 23 A. Depends on what period you're referring to. 24 Q. During any period, where would those sales be 25 handled? DEPOSITION OF JOHN L. MYERS 97 UCAREF00013488 1 MR. SUNTAG: By "handled," I'm not sure what 2 you mean. Are you asking where the salespeople were 3 located? 4 MR. WAGNER: Right. 5 THE WITNESS: The office of the manager of 6 the sales or the individual salesperson? 7 BY MR. WAGNER: 8 Q. Yes. Let's start with the office of the 9 manager of sales for the Calidria asbestos. Was that 10 also in Niagara Falls, to your knowledge? 11 A. No. 12 Q. When was it in- Niagara Falls? 13 A. From 1970 to 1981 or 1982. 14 Q. And then where did it move to? 15 A. To Pittsburgh, Pennsylvania. I'm not sure of 16 the year. It was one or two years after I had left 17 Niagara Falls. 18 Q. And how long did it continue in that 19 location? 20 A. Until 1985, till the business was sold. 21 Q. And who was the manager of the marketing and 22 sales activities after your departure in '81 or '82? 23 A. Mr. Byrne was the marketing manager, and then 24 he retired, and Mr. Dickson became the marketing 25 manager. DEPOSITION OF JOHN L. MYERS 98 UCAREF00013489 1 q. I recall Mr. Byrne, but did we discuss 2 Mr. Dickson already? 3 A. Yes. 4 Q. what's his first name? 5 A. Gordon. 6 Q. Prior to 1970, do you know the location of 7 the manager of marketing or sales for the Calidria 8 asbestos? 9 A. Was the New York office of Union Carbide. 10 Q. New York City? 11 A. New York City office, sorry. 12 Q. Did you know who was responsible for that at 13 that time? 14 A. From a period of -- what period? 15 Q. Strike the guestion. Do you know when Union 16 Carbide first sold Calidria asbestos? 17 A. In 1963. 18 Q. And from '63 to '70, it's your understanding 19 that the marketing and sales were coordinated by an 20 individual in the New York City location? 21 A. Yes. 22 Q. And was that one individual during that 23 period of time? 24 A. No. 25 Q. Who were those individuals? DEPOSITION OF JOHN L. MYERS 99 UCAREF00013490 1 A. To the best of my knowledge, the first 2 marketing manager was Norman J. Setter. 3 Q. Is he living still? 4 A. I don't know. 5 Q. Do you have any knowledge concerning his 6 whereabouts? 7 A. No. 8 Q. And any other individuals you can recall 9 being responsible for those activities at the New York 10 location? 11 A. I think after him was Walter S. Young. 12 Q. And after him? 13 A. I replaced him in 1970. 14 Q. And do you know Walter Young's whereabouts? 15 A. No. 16 Q. From '63 until 1985, at what location would 17 sales employees of Union Carbide be located with 18 regard to the sale of Calidria asbestos? 19 A. Well, in various places. The chemicals and 20 plastics people that we use, I cannot -- would not 21 know, can't remember. Mr. Dickson was in Niagara 22 Falls. Mr. Kleber was in Niagara Falls. Mr. Norris 23 was in Chicago. Mr. Walsh was in the Atlanta area. 24 Mr. Ingalls was in Niagara Falls. Mr. Byrne was in 25 Niagara Falls. DEPOSITION OF JOHN L. MYERS 100 UCAREF00013491 1 Q. Was there ever a western branch for sales of 2 Calidria asbestos, and I'm just referring to an office 3 location? 4 A. Yes. Mr. Norris transferred from Chicago to 5 Southern California. 6 Q. And was there a branch sales office in 7 Southern California for Calidria asbestos? 8 A. I think he operated out of his home. I can't 9 remember. I'm pretty sure he had -- did not have a 10 sales office. 11 Q. And aside from that situation with 12 Mr. Norris, can you think of any other western United 13 States sales branch areas for Calidria asbestos? 14 A. Nothing other than there may have been 15 someone from the chemicals and plastics in that early 16 period, but I have no information, do not recollect 17 anything about their location. 18 Q. Would sales orders be taken by any individual 19 at the King City location at any time, to your 20 knowledge? 21 A. Yes. 22 Q. What individual or individuals? 23 A. At any time, you're talking about the 24 whole -- 25 Q. To your knowledge. DEPOSITION OF JOHN L. MYERS 101 U CAR E F00013492 1 A. 63 ' to '85? 2 Q. Yes. 3 A. George L. Vessels and Linda Jo Grogan. ` 4 Q. Anyone else? 5 A. I don't remember that there was anyone else. 6 Q. When was George Vessels there? 7 A. As I recall, he was there from '63 till -- 8 until 1985. 9 Q. Do you know his whereabouts? 10 A. Yes. 11 Q. Where is he at? 12 A. It's in California. I can't remember the 13 name -- or the name of the town. 14 Q. Northern California? 15 A. Yes. Near the Vacaville area. 16 Q. What title did he have when he worked at 17 Union Carbide's King City location? 18 A. I don't know what his title was from the 19 beginning. He was generally the office manager in the 20 later years. 21 Q. Do you know during what period of time he 22 would have accepted orders for Calidria asbestos? 23 A. No, I don't. In the late 60's/early 70's 24 would be my best estimate. 25 Q. Do you have his address or phone number? DEPOSITION OF JOHN L. MYERS 102 U CAR EF00013493 1 A. No. Let me -- I have it, I think, in my 2 office. I don't have it here with me. 3 Q. But you think you could look that up at your 4 office? 5 A. I think I still have it.-. If it's current, 6 I'm not sure. 7 Q. You think he lives in the Vacaville area? 8 A. I think so, at least the last time I heard. 9 That was several years ago. 10 Q. When was Linda Jo Grogan involved with 11 accepting orders for Calidria asbestos? 12 A. She succeeded -- as far as I can remember, 13 she succeeded Mr. Vessels in that capacity. 14 Q. In the early 1970's through when? 15 A. Through 1985. 16 Q. She did not make the transition to KCAC 17 either? 18 A. Yes. 19 Q. She did? 20 A. I thought you were talking about the Union 21 Carbide time period. 22 Q. And then is she still employed with KCAC? 23 A. No. 24 Q. Do you know when she left there? 25 A. 1992 or 1993. DEPOSITION OF JOHN L. MYERS ` 103 UCAREF00013494 1 Q. Were you able to recall her whereabouts? 2 A. Yes. 3 Q. And where is that? 4 A. San Francisco. 5 Q. What was the name of that company? 6 A. Connell Brothers Company, Limited. 7 Q. Is that business in any way related to the 8 business activities of KCAC, to your knowledge? 9 HR. SUNTAG: Objection; vague and ambiguous 10 as to what you mean by "related," but go ahead. 11 BY HR. WAGNER: 12 Q. What's your understanding of the 13 relationship? 14 A. Connell Brothers handles export sales for 15 KCAC, non-North America sales. 16 Q. Would you know what her title is there? 17 A. No. 18 Q. Aside from sales that would be handled by 19 Union Carbide employees or arranged by Union Carbide 20 employees, are you aware of any other manner customers 21 could acquire orders of Calidria asbestos?* 22 A. Yes. 23 Q. Through how is that? 24 A. Through distributors. 25 Q. During what period of time were distributors DEPOSITION OF JOHN L. HYERS 104 UCAREF00013495 1 used to distribute Calidria asbestos, to your 2 knowledge? 3 A. I'm pretty sure, again, to the best of my 4 knowledge, from 1970, starting in 1970 or early 70's. 5 Q. Continuing until when? 6 A. Till -- till today. Or again, to 1985, if 7 you want to hone in on Union Carbide. 8 Q. Were distributors of calidria asbestos 9 authorized to distribute only certain fiber grades, to 10 your knowledge? 11 A. Usually, yes. 12 Q. If we went down these grades on Exhibit C, 13 would you be able to tell me who the authorized 14 distributors were for these grades? 15 A. Mo. 16 Q. What authorized distributors of Calidria 17 asbestos can you recall for the western United States? 18 A. We used Van Waters & Rogers and Harrisons & 19 Crosfield. I can't think of any -- I can't think of 20 any others. 21 Q. Was Van Waters & Rogers an exclusive 22 distributor? 23 A. I don't recall. 24 Q. Was Harrisons & Crosfield an exclusive 25 distributor? DEPOSITION OF JOHN L. MYERS 105 U CAR E F00013496 1 MR. SUNTAG: Objection; it may call for a 2 legal conclusion, but you can give your understanding. 3 THE WITNESS: I actually don't remember if 4 they were exclusive. 5 BY MR. WAGNER: 6 Q. Can you recall what grades Van Waters & 7 Rogers was authorized to distribute? 8 A. No. 9 Q. When was Van Waters & Rogers an authorized 10 distributor? 11 A. I don't know that. It was a short period in 12 probably the early 70's. 13 Q. And at no other time? 14 A. Not that I recall. 15 Q. And were they authorized to distribute in a 16 geographically-defined area? 17 MR. SUNTAG: Same objection. 18 THE WITNESS: I don't remember the terms of 19 the agreement, if there was an agreement. 20 BY MR. WAGNER: 21 Q. And where were they located? 22 A. To the best of my knowledge, in California. 23 Q. Where in California? 24 A. I don't know -- don't remember. 25 Q. Is that in the Los Angeles area? DEPOSITION OF JOHN L. MYERS 106 UCAREF00013497 1 A. I don't know. 2 Q. Where was Harrisons & Crosfield located? 3 A. Which one, the one that represented us? * 4 Q. Yes. 5 A. They had offices in the L.A. area, I think -- 6 I'm not sure, but maybe Pasadena or that area. And 7 they had an office in the. Oakland area in Emeryville. 8 And then another division of theirs was headquartered 9 in -- I think Vancouver, Washington. 10 Q. What division was that? 11 A. I don't remember. 12 Q. Is that a Canadian division? 13 A. I think maybe it was, yes. I think it was. 14 Q. Did the Canadian division have rights to 15 distribute Calidria in a geographically-defined area? 16 MR. SUNTAG: Objection; calls for a legal 17 conclusion. 18 MR. CAINE: Join. 19 THE WITNESS: To the best of my knowledge, 20 there were -- I can't remember if there were specific 21 -- for example, states, or how -- I don't remember how 22 the agreement was written. 23 BY MR. WAGNER: 24 Q. Did the Canadian division have rights to 25 distribute in a different area than the locations in DEPOSITION OF JOHN L. MYERS 107 UCAREF00013498 1 California you've identified? 2 MR. SUNTAG: Sane objection. 3 THE WITNESS: As I remember, they were in the 4 Northwest where their office was, and Harrisons & 5 Crosfield (Pacific) was more in California. 6 BY MR. WAGNER: 7 Q. That was the full name of the entity that was 8 authorized to distribute Calidria asbestos, to your 9 knowledge? 10 A. I don't know what their full name is or was. 11 Q. Do you recall that being referred to at any 12 time as H & C (Pacific)? 13 A. Yes. 14 Q. Can you estimate for us the period of time in 15 which the Harrisons & Crosfield entity was authorized 16 to distribute Calidria asbestos? 17 A. I would estimate -- as far as I can remember, 18 it was -- would be in the early 70's. 19 Q. Continuing for how long? 20 A. Continuing until the -- as I remember, the 21 early 80's. 22 Q. And was Harrisons & Crosfield authorized to 23 distribute only certain fiber grades? 24 MR. SUNTAG: Objection; legal conclusion. 25 MR. CAINE: Join. DEPOSITION OF JOHN L. MYERS 108 UCAREF00013499 1 THE WITNESS: Again, I don't remember the 2 specifics of the agreement. 3 BY MR. WAGNER: 4 Q. Do you recall any employees of Van Waters & 5 Rogers? 6 A. No. 7 Q. Can you recall any employees of Harrisons & 8 Crosfield? . 9 A. Yes. 10 Q. And who are they? _ ._ 11 A. -Marxrbrrr Jackson and Kerwin Lebeis, Leon 12 Persson. That's all I can remember. 13 Q. Do you know if a company by the name of 14 Wharton Jackson was ever authorized to distribute 15 Calidria asbestos? 16 MR. CAINE: Objection; assumes facts not in 17 evidence, calls for a legal conclusion. 18 MR. VALEN: Also calls for speculation, 19 there's no foundation, to the extent that it may be 20 used for trial testimony. 21 THE WITNESS: Not that I remember. 22 BY MR. WAGNER: 23 Q. Who on behalf of Union Carbide, to your 24 knowledge, was involved in arranging the 25 distributorship arrangement with Van Waters & DEPOSITION OF JOHN L. MYERS 109 UCAREF00013500 1 Rogers? 2 A. I don't remember whether that was -- perhaps 3 was Mr. Young, and it could have been me. I don't 4 remember. 5 Q. Was that a written arrangement? 6 A. I don't remember that. 7 Q. And do you know who at Union Carbide was 8 involved in arranging the distributorship arrangement 9 with Harrisons & Crosfield? 10 A. It was probably -- again, I'm -- I don't 11 remember for sure, but I think it was either -- it was 12 Mr. Young or maybe myself and Mr. Thurber and 13 Mr. Byrne may have been involved in that. 14 Q. Are you aware of any other distributors of 15 Calidria asbestos at any time? 16 A. Yes. 17 Q. What other distributors? 18 A. In the United States or -- 19 Q. Yes, just -- ' 20 A. -- foreign? 21 Q. Just here. 22 A. D & F Distributing in Texas. I can't 23 remember -- no names come to mind other parts of the 24 country. 25 Q. Did D & F Distributing have any arrangement DEPOSITION OF JOHN L. MYERS 110 UCAREF00013501 1 to distribute Calidria asbestos in the State of 2 California, to your knowledge? 3 A. No. 4 Q. Did D & F have an arrangement to distribute 5 Calidria asbestos only in a geographically-defined 6 area? 7 MR. SUNTA6: Same objection as before, legal 8 conclusion. . 9 THE WITNESS: Yes. I'm not sure whether it 10 was in writing that it was.a geographical limitation, 11 but it seemed to be understood that their sales 12 efforts would be limited to Texas -- the State of 13 Texas. 14 BY MR. WAGNER: 15 Q. Was there any similar understanding 16 concerning fiber grade types that would be distributed 17 by D Si F Distributing? 18 A. Again, I don't remember the terms of the 19 agreement. 20 Q. Was there a similar understanding concerning 21 the geographical area for which Harrisons St Crosfield 22 was authorized to distribute? 23 A. I don't remember the terms of the agreement, 24 but I would recollect that it seemed to be the State 25 of California. DEPOSITION OF JOHN L. MYERS 111 UCAREF00013502 1 MR. SUNTAG: Eric, when we get to a good 2 point, if we could take a short break. 3 MR. WAGNER: Yes, we can take one now. 4 (Recess.) 5 MR. WAGNER: Let's go back on the record. 6 Q. Are you familiar with any companies that have 7 distributed asbestos fiber mined or processed by KCAC? 8 A. Am I familiar with any -- go ahead,, please 9 repeat. 10 Q. Can you give me the names of any companies 11 that you can recall distributing any asbestos fiber 12 mined or processed by KCAC? 13 A. Oh, KCAC. D & F Distributing. 14 Q. Any others? 15 A. I can't recall any. 16 Q. How about Connell Brothers? 17 A. Oh, I'm sorry, for -- not in North America. 18 Connell Brothers is a representative for KCAC, sales 19 representative. 20 Q. To your knowledge, does D & F have a 21 geographical area of distribution for asbestos mined 22 or manufactured by KCAC? 23 A. I don't know whether there's -- I don't think 24 there's anything in writing. I think generally it's 25 the same as before, it's the State of Texas. Another DEPOSITION OF JOHN L. MYERS 112 UCAREF00013503 1 distributor of KCAC is an individual, J.E. Walsh. 2 Q. And where is he located? 3 A. Well, in the Atlanta area. 4 Q. This is the former Union Carbide employee we 5 discussed? 6 A. Yes. 7 Q. Does he distribute only in a geographical 8 area? . 9 A. No. He's responsible for North American 10 sales of Calidria -- of KCAC Calidria. 11 Q. Is "Calidria" still the generic term for all 12 the grade types of asbestos fiber mined or processed 13 at the King City location? 14 A. Yes. 15 Q. J.E. Walsh is no longer employed by KCAC; is 16 that true? 17 A. That's true. 18 Q. Is it your understanding he has his own 19 company for the distribution of that fiber? 20 A. Yes. 21 Q. What's the name of that company? 22 A. I can't recall. 23 Q. Would you have that name anywhere back in 24 your office? 25 A. Yes. DEPOSITION OF JOHN L. MYERS 113 UCAREF00013504 1 Q. And the address as well? 2 A. Yes. 3 . Q. Do you know if J.E. Walsh distributes all 4 grade types? 5 MR. SUNTAG: When you say all grade types, I 6 take it you mean all the grade types that KCAC 7 currently sales. 8 MR. WAGNER: Right. 9 THE WITNESS: To the best of my knowledge, he 10 would have the right to distribute all the ones that 11 are currently being produced. 12 BY MR. WAGNER: 13 Q. To your knowledge, does KCAC still sell 14 direct to customers without the use of distributors as 15 well? 16 MR. CAINE: Assumes facts not in evidence, 17 that they ever did do it. 18 BY MR. WAGNER: 19 Q. Strike that. Did KCAC ever sell direct to 20 customers its asbestos fiber? 21 A. Yes. 22 Q. And to your knowledge, does it continue to do 23 so? 24 A. Yes. 25 Q. Are you able to give me an estimation at DEPOSITION OF JOHN L. MYERS 114 UCAREF00013505 1 present: as to how much of the KCAC fiber is 2 distributed by J.E. Walsh? 3 A. No. Actually, KCAC sells directly to the 4 customers, and Mr. Walsh gets a commission based on 5 those sales. 6 Q. Does he get a commission for all sales of 7 KCAC fiber, to your knowledge? 8 A. All of those in North America, yes. Again, 9 to the best of my knowledge up through '93. 10 Q. And is that true continuously, to your 11 knowledge, from '85 to '93? 12 A. No. 13 Q. During what time period did that arrangement 14 cover? 15 A. I don't remember when he left KCAC and set up 16 his own company. I don't remember the date or the 17 year. 18 Q. Do you know if that was in the decade of the 19 19 8 0'S? 20 A. No. 21 Q. You don't know? 22 A. It was not in the decade of the 80's. It was 23 in the decade of the 90's. 24 Q. Do you know if Harcros has distributed any 25 fiber mined or processed by KCAC? DEPOSITION OF JOHN L. MYERS 115 UCAREF00013506 1 A. Not to my knowledge. 2 Q. Do you recognize that name Harcros? 3 A. Only I've heard it, yes. 4 Q. You've heard it before today? 5 A. Yes. 6 Q. And how are you familiar with that name? 7 A. I think just in general information of people 8 referring to Harcros rather than Harrisons & 9 Crosfield. 10 Q. To your knowledge, did Harcros ever 11 distribute Calidria asbestos? 12 A. Not to my knowledge. 13 Q. Are you familiar with the company by the name 14 of Synergistic Performance? 15 A. No. 16 Q. How about a company by the name of Calmar 17 Distributing? 18 A. No. 19 MS. BAKER: Mr. Court Reporter, could you 20 read back that last question. 21 (Record read.) 22 MS. BAKER: Thank you. 23 BY MR. WAGNER: 24 Q. Earlier we discussed a number of categories 25 of documents that you can recall being retained at the DEPOSITION OF JOHN L. MYERS 116 UCAREF00013507 1 King City location of Union Carbide, including sales 2 production and other such records. Do you have any 3 information as to the document retention policy of 4 Union Carbide concerning those documents? 5 NR. SUNTAG: Objection; vague and ambiguous. 6 You're talking about KCAC documents? 7 BY MR. WAGNER: 8 Q. We'll focus on the period of time '63 to '85, 9 on the document types that you've identified for us 10 already on the record. Do you have any information as 11 to the document retention policy that Union Carbide 12 had in force at that time? 13 A. No, I don't. 14 Q. Are you aware of any policy of destroying 15 such documents at Union Carbide from '63 to '85? 16 A. No. 17 Q. You don't know one way or the other? 18 A. I don't know what the policy is or was. 19 Q. Are you aware of any sales records, for 20 example, being destroyed during the period of time '63 21 to '85 when Union Carbide operated its King City 22 location? 23 A. No, none. 24 Q. Is it your understanding that all sales 25 records were maintained for that period of time? DEPOSITION OF JOHN L. MYERS 117 UCAREF00013508 1 MR. SUNTAG: Objection; vague and ambiguous 2 as to sales records. You mean invoices? 3 BY MR. WAGNER: 4 Q. Invoices, for example. 5 A. Okay. What was the question then on 6 invoices? 7 Q. Do you have an understanding that from '63 to 8 '85, all invoices were maintained by Union Carbide? 9 A. Yes. 10 Q. For its King City operations? 11 A. Yes, for the asbestos, yes. 12 Q. And those were subsequently transferred to 13 KCAC in 1985? 14 A. Yes. 15 Q. Do you have any information concerning the 16 document retention or destruction policy of KCAC with 17 regard to those documents? 18 A. No. 19 Q. Are you aware of any such documents being 20 destroyed by KCAC at any time? 21 A. No. 22 Q. To your knowledge, did Union Carbide keep all 23 of its production documents, those documents that 24 would identify daily, monthly, or annual production 25 rates of the Calidria asbestos, from '63 to '85? DEPOSITION OF JOHN L. MYERS 118 UCAREF00013509 1 A. To my -- to my knowledge, they are -- have 2 been maintained. 3 Q. Those were subsequently transferred to KCAC? 4 A. Yes. 5 Q. And do you have any information that KCAC has 6 destroyed any such documents at any time? 7 A. No. 8 Q. Were those sales and production records that 9 we've just discussed present at KCAC, the King City 10 location, at the time that you last visited there? 11 A. Again, if you're limiting the sales records 12 to invoices, yes, they were still there. 13 Q. What other sales records exist, to your 14 knowledge? 15 A. I don't know of any other types of records, 16 sales records. 17 Q. Can you take a look at what we consider a 18 service list on Exhibit A, that's the last two pages 19 of Exhibit A, take a look at the list of companies. 20 You can disregard their address since that would be 21 typically the law firm that represents them, just 22 looking at the company names. Just take your time and 23 look through those. My question is whether you can 24 identify any of those companies as a customer of 25 Calidria asbestos at any time. DEPOSITION OF JOHN L. MYERS 119 UCAREF00013510 1 MR. SUNTAG: I guess I have to object; vague 2 and ambiguous as to what you mean by a customer of 3 Calidria asbestos. Do you mean somebody who bought 4 from Calidria Corporation? 5 MR. WAGNER: At any time.- I'll restate the 6 original question: 7 Q. Can you identify any of the companies listed 8 on the last two pages of Exhibit A as companies who, 9 to your knowledge, at any time purchased Calidria 10 asbestos? 11 MS. BAKER: Object on the ground this is 12 misleading, suggestive, vague, and ambiguous. 13 MR. MOPPIN: Join. 14 MR. DAVIS: Join. 15 MR. CAINE: Join, and also further object as 16 far as there's no failed recollection that it's 17 conceivable to require refreshment by the documents. 18 MR. WAGNER: Okay; fine. I'll withdraw the 19 question. 20 Q. Do you recognize the name Bigge Crane and 21 Rigging Corp as a customer of Calidria asbestos at any 22 time? 23 MR. CAINE: Same objections as before. 24 MS. BAKER: Join. 25 MR. CAINE: I don't see Bigge on the service. DEPOSITION OF JOHN L. MYERS 120 UCAREF00013511 1 Do you have the same one as I'm holding in front of 2 me? 3 MR. WAGNER: Exhibit A. 4 MR. CAINE: I'm sorry, okay. 5 MS. BAKER: Could we get a stipulation that 6 an objection by one is an objection by all so we don't 7 all have to join every time? 8 MR. MOPPIN: At least for this line of 9 questions. 10 MR. WAGNER: Yes, that's fine. 11 THE WITNESS: No. 12 BY MR. WAGNER: 13 Q. Do you recognize the name Permabond as a 14 company that purchased Calidria asbestos at any time? 15 A. Not that I -- not that I remember. 16 Q. Do you recognize the name Pilkington 17 Aerospace as a company that ever purchased Calidria 18 asbestos? 19 A. No. 20 MR. WAGNER: Let's go off the record. 21 (Discussion held off the record.) 22 MR. WAGNER: Let's go on the record. 23 THE WITNESS: Some of these are definitely 24 familiar, and some of them I would be -- I would have 25 to say I'm not sure. DEPOSITION OF JOHN L. MYERS 121 U CAR E F00013512 1 MR. WAGNER: Okay. 2 MR. VAliEN: Is the record clear what we're 3 doing here? 4 MR. WAGNER: Yes, let's make it clear on the 5 record. There was some earlier objections to my 6 showing the witness the proof of service list for 7 Exhibit A, and based upon my understanding that there 8 is no objection to my doing it now, I've handed it to 9 him again. He's looking through the list of 10 defendants listed there, and that's where we're at 11 right now. 12 MR. SUNTAG: And for the record, the question 13 is whether Mr. Myers can recall whether any of these 14 companies ever bought Calidria asbestos? 15 MR. WAGNER: Right. 16 MR. MOPPIN: I think I'll object to the -- 17 that's vague and ambiguous, compound, and suggestive. 18 BY MR. WAGNER: 19 Q. All right; give it back then. I withdraw the 20 question. 21 Do you recognize -- 22 MR. MOPPIN: What I was going to say, we were 23 expediting the process by allowing him to look at the 24 list. 25 MR. WAGNER: Well, expedite, schmexpedite, DEPOSITION OF JOHN L. MYERS 122 UCAREF00013513 1 it's an objection to the form. 2 MR. SHERMAN: How about you just say the 3 name, and we'll stipulate it's the same question. 4 MR. SUNTAG: Why don't we go off the record. 5 (Discussion held off the record.) 6 MR. WAGNER: We are on the record. 7 Q. We've had repeated discussions about this, 8 and I'll go ahead and ask you the questions. Do you 9 recognize the name Pilkington Aerospace as a customer 10 of Calidria asbestos at any time? 11 A. No. 12 Q. Somebody suggested that I could have the same 13 question understood to be repeated with just an 14 insertion of a different company name. If nobody has 15 an objection to the form of the question. I'll go 16 ahead and ask you the same question with regard to an 17 entity by the name of NARMCO. Do you recognize that 18 name? 19 A. I'm not sure. 20 Q. Is that name NARMCO familiar to you? 21 A. To the best of my recollection, it is, yes. 22 Q. Okay. And how is that name familiar to you? 23 A. It is a possible customer. 24 Q. Do you know what type of business that is in? 25 A. No. DEPOSITION OF JOHN L. MYERS 123 UCAREF00013514 1 Q NARMCO is in? 2 A. Ho. 3 Q. Do you know where NARMCO is located? 4 A. No. 5 Q. Do you know what type of product Narmco may 6 have been a customer of? 7 A. No. 8 Q. The next name on the list is Western 9 MacArthur Company. Same question with regard to 10 Western MacArthur? 11 A. No. 12 Q. The Epoxylite Corporation, same question? 13 A. A possibility, again. The name does sound 14 familiar, but I cannot remember if they were a 15 customer. 16 Q. Do you know where Epoxylite is located? 17 A. No. 18 Q. Do you know what type of business it is? 19 A. No. 20 Q. And do you know what grade fiber type that 21 company may have purchased? 22 A. No. 23 Q. The next company name is E.V. Roberts & 24 Associates; same question with regard to E.V. Roberts. 25 A. No. DEPOSITION OF JOHN L. MYERS 124 UCAREF00013515 1 Q. American Cyanamid company? 2 A. Yes. 3 Q. Do you recognize that entity as a customer of 4 calidria asbestos? 5 A. Yes. 6 Q. During what period of time? 7 A. I don't recall that. 8 Q. What grade types? 9 A. RG-244. 10 Q. Anything else? 11 A. No. 12 Q. What location or locations of American 13 Cyanamid can you recall purchased RG-244? 14 A. As I recollect, it was Azusa, California. 15 Q. Was that in the decade of the 50's? 16 A. No. 17 Q. Was that the decades of the 60's? 18 A. No. 19 Q. Was that the decade of the 70's? 20 A. Probably 70's, yes. 21 Q. Did that continue into the 1980's? 22 A. I can't recall. 23 Q. Can you recall if the sales were handled 24 through a distributor? 25 MR. SHERMAN: Objection; calls for DEPOSITION OF JOHN L. MYERS 125 UCAREF00013516 1 speculation. 2 THE WITNESS: No, I can't recall. 3 BY MR. WAGNER: 4 Q. Can you recall what quantity was sold to 5 American Cyanamid at Azusa? 6 A. No. 7 MR. SHERMAN: Lacks foundation, calls for 8 speculation. 9 BY MR. WAGNER: 10 Q. Can you recall any employees of American 11 Cyanamid? 12 A. No. 13 Q. Ablestik Laboratories is the next name. 14 A. No. 15 Q. Same question with regard to Thiokol 16 Corporation? 17 A. No. * 18 Q. Same question with regard to Anchor Packing 19 Company? 20 A. No. 21 Q. Garlock? 22 A. No. 23 Q. Dow Corning Corporation? 24 A. No. 25 Q. M.H. Detrick? DEPOSITION OF JOHN L. MYERS 126 UCAREF00013517 1 A. No. 2 Q. Flexitallic, Inc.? 3 A. No. 4 Q- GAF? 5 A. Yes. 6 Q. When did GAF purchase Calidria asbestos? 7 A. In the 1970's. 8 Q. Any other time? 9 A. Perhaps into the early 80's. 10 Q. What fiber grades? 11 A. Standard grade 10o. 12 Q. Anything else? 13 A. No. 14 Q. What location of GAF? 15 A. Let's see. Somewhere in New York. I can't 16 think of the ~ can't think of the city name in New 17 York State. In Long Beach, California. I can't 18 remember other locations, any other locations for 19 their floor tile manufacturing. 20 Q. Can you recall any GAF employees? 21 A. No. 22 Q. Armstrong, same question with regard to 23 Armstrong? 24 A. Yes, with regard to floor tile. I don't know 25 if they have different divisions or -- is there a DEPOSITION OF JOHN L. MYERS 127 UCAREF00013518 1 certain Armstrong listed there? 2 Q. Do you recall Armstrong -- a company by the 3 name of Armstrong, with the name Armstrong in it, that 4 purchased Calidria asbestos? 5 A. Yes. 6 Q. What was the full name of that entity, to 7 your knowledge? 8 A. To the best of my knowledge, it was Armstrong 9 Cork. 10 Q. And at what location? 11 A. I believe it was South Gate, California, and 12 the location in the Midwest. I can't remember. 13 Q. Do you recall any Armstrong employees? 14 A. No. 15 Q. What grade type? 16 A. Standard grade 100. 17 Q. And is that for use in floor tile? 18 A. And standard grade 144, yes, floor tile. 19 Q. Both for use in floor tile? 20 A. Yes. 21 Q. Can you recall what quantity was sold? 22 A. No. 23 Q. Was it sold through a distributor? 24 A. No. 25 Q. The next name on the list, Quigley Company? DEPOSITION OF JOHN L. MYERS 128 UCAREF00013519 1 A. No. 2 Q. Next one is Turner & Newall? 3 A. No. 4 Q. Next one, A.P. Green Refractories? 5 A. No. 6 Q. Next one, Hughson Chemicals? 7 A. No. 8 Q. Next one, Dexter Corporation? 9 A. No. 10 Q. Next one, Fiberite Corporation? 11 A. No, I don't think so. Again, all of these 12 are to the best of my knowledge, no. 13 Q. How about a company by the name of ICI 14 Composites? 15 A. No. 16 Q. A company by the name of Kirkhill Rubber 17 Company? 18 A. No. 19 Q. Ferro Corporation? 20 A. No. 21 Q. Armco? 22 A. No. 23 Q. Plant Insulation? 24 A. No. 25 Q. Edler Industries? DEPOSITION OF JOHN L. MYERS 129 UCAREF00013520 1 A. No. 2 Q. B.P. Chemicals? 3 A. No. 4 Q. Hitco? 5 A. No. 6 Q. Whittaker Corporation? 7 A. I can't remember. 8 Q. Does that name sound familiar to you? 9 A. It rings a bell. I don't -- I have no idea 10 if it was a customer or if it's just a business name 11 that I would know. 12 Q. Do you know where that business is located? 13 A. No. 14 Q. Do you know what type of business it is? 15 A. No. ` 16 Q. Do you know any Whittaker Corporation 17 employees? 18 A. No. 19 Q. Sorry, I just got to run through these 20 questions. 21 A. No, I know. 22 Q. I think I know where you're going with them. 23 How about San Rafael Plastics? 24 A. No. 25 Q. Kaiser Aluminum & Chemical? DEPOSITION OF JOHN L. MYERS 130 UCAREF00013521 1 A. No. 2 Q. K.R. Anderson Company? 3 MS. CAMPAGNE: Lacks foundation, calls for 4 speculation, leading. 5 THE WITNESS: No. 6 BY MR. WAGNER: 7 Q. A company by the name of Swedlow? 8 A. No. 9 Q. American Asbestos Company? 10 A. No. 11 Q. Pittsburgh Corning? 12 A. No. 13 Q. Dupont? 14 A. No. 15 Q. Parker-Hannifin? 16 A. Perhaps. 17 Q. What type of company is that? 18 A. I don't know. 19 Q. Do you know where any business location of 20 Parker-Hannifin is? 21 A. No. 22 Q. Do you know any employees? 23 A. No. 24 MR. MOPPIN: What was the name of that last 25 company? DEPOSITION OF JOHN L. MYERS 131 UCAREF00013522 1 MR. WAGNER: parker-Hannifin. 2 Q. Do you know what type of grade that might 3 have been? 4 A. No. Let me clarify that. I think I know 5 that name from a high school buddy of mine who was 6 working there. I would say no as to the asbestos 7 usage from us. 8 Q. How about a company by the name of Hercules, 9 do you recognize that name? 10 A. No. 11 Q. Metalclad Insulation? 12 A. No. 13 Q. North American Refractories? 14 A. No. 15 Q. Rapid American? 16 A. No. 17 Q. Asbestos Corporation Limited? . 18 A. No. 19 Q. AC & S? 20 A. No. 21 Q. J.T. Thorpe, Inc.? 22 A. No. 23 Q. Fraser Edwards? 24 A. No. 25 Q. Chevron Shipping Company? DEPOSITION OF JOHN L. MYERS 132 UCAREF00013523 1 A. No. 2 Q. Chevron USA? 3 A. No. 4 Q. Selby-Battersby? 5 A. No. 6 Q. How about a company by the name of Dexter 7 Hysol? 8 A. That does ring a bell, yes, but I could not 9 remember for sure. 10 Q. What name rings a bell? 11 A. The Dexter Hysol. 12 Q. Do you know what type of business that is? 13 A. No. 14 Q. Do you know where that business is located? 15 A. No. 16 Q. Do you know what grade type may have been 17 sold to that business? 18 A. No. 19 Q. Do you know any Dexter Hysol employees? 20 A. No. 21 Q. Why is it that sounds familiar? 22 A. I don/t know. Just -- just does. 23 Q. Do you know if Shell Oil or Shell Chemical 24 has purchased Calidria asbestos? 25 A. I think so. DEPOSITION OF JOHN L. MYERS 133 UCAREF00013524 1 Q. During what period of time? 2 A. I don't know. 3 Q. Which Shell entity? 4 A. As I remember, it was in Ohio someplace. 5 Q. Do you know any Shell employees? 6 A. No. 7 Q. Do you know what grade was purchased? 8 A. No. 9 Q. Do you know if Shell Oil in Pittsburg, 10 California, ever purchased any fiber? 11 A. I don't think so. 12 Q. Do you recognize Ciba Geigy as a purchaser of 13 Calidria asbestos? 14 A. No. 15 Q. Western Packing? 16 A. No. 17 Q. Celanese Corporation? 18 A. Yes. 19 Q. When did Celanese purchase Calidria asbestos? 20 A. I don't remember the dates. 21 Q. What type of business is that? 22 A. Some kind of resin. I can't remember the 23 name. 24 Q. Where are they located? 25 A. I can't remember -- I can't remember for DEPOSITION OF JOHN L. MYERS 134 UCAREF00013525 1 sure. 2 Q. Is that Southern California? 3 A. No. I think it was Texas. 4 Q. Do you know any Celanese employees? 5 A. No. ' 6 Q. What grade type was sold to Celanese'corp? 7 A. I think they were using a resin grade 144 8 and/or 100. 9 Q. How about RG--244? 10 A. Well, I would have said that if I thought. I 11 don't recollect that they used RG-244. 12 Q. Do you know how much of the RG grade was sold 13 to Celanese? 14 A. No. 15 Q. When was that sold? 16 A. I don't know. 17 Q. Do you know if Kaiser Aerospace or Aerotech, 18 either name, located in San Leandro, California, ever 19 purchased Calidria asbestos? 20 A. Not from me -- I mean not from KCAC or Union 21 Carbide. 22 Q. Do you know if that location ever received 23 Calidria asbestos? 24 MR. VALEN: Objection; calls for speculation. 25 THE WITNESS: I would say no, no, not to ray DEPOSITION OF JOHN L. MYERS 135 UCAREF00013526 1 knowledge. 2 BY MR. WAGNER: 3 Q. How about Aerojet at Nimbus or Sacramento, 4 California? 5 MR. VALEN: Same objection. 6 BY MR. WAGNER: 7 Q. Do you know if Calidria Asbestos ever 8 supplied to that location? 9 A. Not to my knowledge. 10 Q. How about Aerojet in Azusa, California, do 11 you know if Calidria Asbestos ever sold or supplied to 12 that location? 13 A. Not to my knowledge. 14 Q. Same question with regard to Rohr Industries 15 in Riverside, California, do you know if Calidria 16 asbestos was ever sold or supplied to that location? 17 A. Not that I remember. 18 Q. Do you recognize Minnesota Mining and 19 Manufacturing as a customer of any Calidria asbestos? 20 A. I don't think so. 21 Q. Aside from perhaps the documents in your 22 possession still at your office, do you have any other 23 documents in your possession which concern in any way 24 your employment with Union Carbide or KCAC? 25 A. Yes. DEPOSITION OF JOHN L. MYERS 136 UCAREF00013527 1 Q. Do you have any employee lists or retiree 2 lists, for example, from either Union Carbide or KCAC? 3 A. Yes. 4 Q. Which of those do you have, retiree lists? 5 A. I have a list of current employees and 6 retirees on it. 7 Q. Current list of KCAC employees? 8 A. Yes. 9 Q. And retirees of KCAC are also on that list? 10 A. Yes. 11 Q. Do you have any listing of employees or 12 retirees of the Union Carbide activities in King City, 13 be it the mine or the manufacturing site? 14 A. You mean, it would have been from 1985, 10 15 years? 16 Q. '63 to '85, anybody -- 17 A. No. 18 Q. Do you maintain any business cards from your 19 business contacts? 20 A. Yes. 21 Q. And for what period of time do you maintain 22 business cards? 23 A. No specific period. 24 Q. How far back do these business cards date? 25 A. Of course they're not dated, so I'm not sure. DEPOSITION OF JOHN L. MYERS 137 UCAREF00013528 1 but I probably would have some from the 60's. 2 Q. And would you have business cards for 3 customers of Calidria asbestos? 4 A. Not -- no, not anymore. 5 Q. Where would those be, to^-your knowledge? 6 A. They would be discarded. 7 Q. Do you have any records at your office that 8 would identify any customers of Calidria asbestos? 9 A. From the '63 to '95 -- 10 Q. It's still called Calidria asbestos, even 11 though it's being processed by KCAC; is that true? 12 A. Yes. 13 Q. So from '63 to the present, do you have any 14 documents at your office that would identify customers 15 of Calidria asbestos? 16 A. Yes. 17 Q. What documents are those? 18 A. Sales invoices. 19 Q. For what period of time do you have sales 20 invoices? 21 A. From 1963 to 1985, the -- are the Union 22 Carbide records, and KCAC records are maintained 23 separately from 1985 to 19 -- I guess to current. 24 Q. Where are the Union Carbide sales invoices 25 for '63 through '85? DEPOSITION OF JOHN L. MYERS 138 UCAREF00013529 1 A. In King -- at the King City processing 2 facility. 3 Q. So when we're referring to your office, we're 4 now talking about your office at the KCAC facility? 5 A. Yes. - 6 Q. So you still maintain an office there as well 7 as in the City of King City? 8 A. No. I have no office in King City. 9 Q. The office address you earlier gave us, was 10 that KCAC? 11 A. The Post Office Box K? 12 Q. Right. 13 A. Yes. 14 Q. Where at the KCAC facility are the Union 15 Carbide sales invoices? 16 A. In a room in the office in a file cabinet. 17 Q. How many file drawers? 18 A. Three or four. 19 Q. And the KCAC sales invoices, where are those? 20 A. In the same office area. I'm not sure 21 exactly what file they're in. 22 Q. How many file drawers? 23 A. I don't know. One or two, three. 24 Q. How are the sales invoices kept. 25 chronologically, alphabetically? DEPOSITION OF JOHN L. MYERS 139 UCAREF00013530 . .- ________ -i*i 1 A. Alphabetically. 2 Q. By customer name? 3 A. Yes. 4 Q. Are they also kept by year of sales? 5 A. No. Well, they're -- yes, they're organized 6 by customer, and then the customer is organized 7 chronologically. 8 Q. So, for example, if you knew a customer's 9 name, you could go to a file with that customer's 10 name; within that file would be all sales invoices 11 chronologically for sales to that customer? 12 A. To the best of my knowledge, they're all 13 there, yes. 14 Q. And is that the system used for both Union 15 Carbide sales invoices and the KCAC invoices? 16 A. I don't know about KCAC files, whether 17 they're set up the same way or not. 18 Q. Did you review anything to prepare for your 19 deposition? * 20 A. I reviewed a couple of documents with 21 counsel. 22 Q. What documents did you review? 23 A. We looked at this sheet. 24 MR. SUNTAG: That's Exhibit C to this 25 deposition? ___ DEPOSITION OF JOHN L. MYERS 140 UCAREF00013531 1 THE WITNESS: Right. 2 BY MR. WAGNER: 3 Q. When did you look at that sheet? 4 A. Yesterday. 5 Q. That was the exact same thing that we marked 6 as Exhibit C? 7 A. I think, yes. 8 Q. Okay. What else did you review? 9 A. Is that -- 10 MR. SUNTAG: Whatever you remember. 11 THE WITNESS: A letter about a DOT rule 12 change. 13 BY MR. WAGNER: 14 Q. What was the date of that letter? 15 A. I don't know. I don't remember. 1970 16 something. 17 Q. Do you recall who the author was? 18 A. It was a draft, and as I recall -- as I 19 recall, I was the author or was signing -- signing the 20 document. 21 Q. And you have that back at the office still, 22 that document? 23 A. No. 24 Q. Do you know -- 25 A. Well, I -- not to my knowledge do I have DEPOSITION OF JOHN L. MYERS 141 UCAREF00013532 1 that. 2 Q. Do you know where it is? 3 A. The one that I looked at yesterday? 4 Q. Yes. 5 A. It's with -- 6 MR. SUNTAG: The one that he looked at 7 yesterday was mine. 8 MR. WAGNER: Yes. I just want to know what 9 he looked at and where it is, that's all. 10 Q. So you don't have possession, you believe 11 your attorney has it? 12 A. Yes. I don't know where it is. 13 Q. Can you recall the substance of that DOT 14 letter that you reviewed? 15 A. Only that it was advising distributors and 16 customers of a change in the DOT regulations that 17 might affect their handling of Calidria. 18 Q. Aside from the DOT letter and what we've 19 marked as Exhibit C, did you look at anything else to 20 prepare for your deposition? 21 A. I think there was one other one, but I can't 22 recall if it was the same subject as the DOT. I can't 23 recall what it was. 24 Q. Was that a letter that you authored? 25 A. I can't remember. ' DEPOSITION OF JOHN L. MYERS 142 UCAREF00013533 1 Q. What was the date? 2 A. I don't remember that. 3 Q. Is it your recollection that involved DOT 4 requirements as well? 5 A. I think it did, but I -- I can't remember 6 exactly what the second one covered: 7 Q. All right; aside from the three items that 8 we've just identified, have you reviewed anything else 9 in preparation for your deposition? 10 A. No. 11 Q. Aside from your attorney Dana Suntag, have 12 you talked to anybody else concerning your deposition? 13 A. Mr. Caine. 14 Q. What did you discuss with Mr. Caine? 15 MR. CAINE: I'll assert the attorney-client 16 privilege and instruct the witness not to answer. I 17 was counsel for Union Carbide earlier in the case 18 through the CCR. 19 MR. WAGNER: Your position is you represented 20 him at the time of the conversation? 21 MR. CAINE: Yes. 22 BY MR. WAGNER: 23 Q. So is it your understanding that Mr. Caine 24 was your attorney when you had any conversation with 25 him? DEPOSITION OF JOHN L. MYERS 143 U CAR EF00013534 1 A. Yes. 2 MR. SUNTAG: And I concur in that. 3 BY MR. WAGNER: 4 Q. Okay; aside from the two attorneys in the 5 room here, Mr. Suntag and Mr. Caine, have you talked 6 to anybody else about your deposition? 7 A. Only Mr. Gerson. 8 MR. SUNTAG: He's a lawyer with Kelley, Drye 9 & Warren. 10 BY MR. WAGNER: 11 Q. That's your understanding, the only other 12 person that you've talked to is another attorney in 13 that firm? 14 A. Yes. 15 Q. So except for those three individuals that 16 we've just identified, you haven't talked to anybody 17 else about your deposition? 18 A. Correct, except to tell my wife where I was 19 going. 20 Q. All right. 21 A. And the city staff, since I'm the Mayor of 22 King City. 23 Q. I had heard that. And you didn't identify 24 that as employment. 25 A. No. Not hardly. DEPOSITION OF JOHN L. MYERS 144 UCAREF00013535 1 Q. How long have you been Mayor of King City? 2 A. I'm sorry i brought it up. Two years. 3 MR. WAGNER: Let's go off the record for 4 about five minutes. Why don't we take a break. 5 (Recess.) ~ 6 BY MR. WAGNER: 7 Q. Do you recall any employees of the Atlas 8 Asbestos mine that we discussed earlier? 9 A. No. 10 Q. Do you recall any employees of the JM 11 Asbestos mine that we discussed earlier? 12 A. No. 13 Q. I've got a number of documents; we talked 14 about this, I believe, on and mostly off the record 15 earlier in the deposition, but these were exhibits to 16 the deposition of Steven Gripp, the person most 17 knowledgeable, the custodian of records of Harcros. 18 And we've gone ahead and taken some of those exhibits 19 and marked those as exhibits to your deposition. 20 (Documents referred to marked for 21 iden. Exhibit No. D through L.) 22 BY MR. WAGNER: 23 Q. I'd like to direct your attention, first of 24 all, to what was Exhibit C to Mr. Gripp's deposition. 25 This is now Exhibit D to your deposition, a three-page - DEPOSITION OF JOHN L. MYERS 145 U CAR EF00013536 1 document. Could you take a look at that, please, sir. 2 Can you identify what that first page is. 3 A. It looks like an invoice from Abbot, Cole & 4 DeGraf. 5 Q. Do you recognize that name. Abbot, Cole & 6 DeGraf? 7 A. No. 8 Q. Do you know if that company. Abbot, Cole & 9 DeGraf, was ever a distributor of Calidria asbestos? 10 A. No. 11 Q. You don't know? 12 A. No, they were never a distributor. 13 Q. Do you recognize them as a customer of 14 Calidria asbestos? 15 A. No. 16 Q. Do you know what type of business that is? 17 A. No. 18 Q. You wouldn't know any of the names of any 19 employees of that entity, would you? 20 A. No. 21 Q. Let's move onto the next exhibit that we've 22 marked as Exhibit E. This was formerly Exhibit D to 23 Mr. Gripp's deposition. 24 MR. SUNTAG: So we're skipping the second two 25 pages of Exhibit D, then? DEPOSITION OF JOHN L. MYERS 146 UCAREF00013537 1 MR. WAGNER: That's true. 2 Q. Can you identify what the first page of 3 Exhibit E is? 4 A. It's a letter dated August 24, 1979, from 5 myself to Calidria asbestos distributors and 6 warehouses. 7 Q. And that's your signature down there? 8 A. Yes. 9 Q. And this was prepared on what date? 10 A. It's dated August 24, 1979. 11 Q. To whom was this directed? 12 A. To Calidria asbestos distributors and 13 warehouses. 14 Q. Beyond that statement there, would you know 15 specifically who this was directed to? 16 A. No. 17 Q. Would you know, for example, if this was 18 directed to H & C (Pacific)? 19 MR. SUNTAG: Are you asking whether it was 20 sent to H & C Pacific? 21 MR. WAGNER: Right. 22 MR. CAINE: Objection insofar as it calls for 23 speculation or it's already asked and answered by the 24 earlier answer. 25 THE WITNESS: To the best of my knowledge, it DEPOSITION OF JOHN L. MYERS 147 UCAREF00013538 1 was -- it was sent to asbestos distributors, and 2 Harrisons & Crosfield was a distributor. 3 BY HR. WAGNER: 4 Q. And to your recollection, what was the 5 purpose of your preparing this correspondence? 6 A. It sounds like there were some modifications 7 to a previous letter concerning new DOT regulations. 8 We made -- apparently made requests to DOT for a 9 couple of changes, and they approved them, and we're 10 advising the distributors and warehouses of that fact. 11 Q. Earlier when you say you reviewed a 12 correspondence that you had drafted concerning DOT 13 regulations, were you by any chance referring to this 14 document? 15 A. I don't remember if that was the third one or 16 not. 17 Q. And what's the next page to this exhibit? Do 18 you recognize that? 19 A. I can tell you what it says, it's -- it's an 20 excerpt from the Federal Register. 21 Q. Do you recognize this as an attachment to 22 that letter that you just identified? 23 A. Yes. It says the changes are described in 24 the attached copy of the Federal Register dated 25 August 16, 1979; so that would have been an attachment DEPOSITION OF JOHN L. MYERS 148 UCAREF00013539 1 to the letter. 2 Q. Do you know if there were any other 3 attachments to that letter? 4 A. No, I don't. 5 Q- What's the next exhibit, if you could 6 identify Exhibit F? It was formerly E to Steve 7 Gripp's deposition. 8 You've had a chance to take a look at that? 9 A. Yes. 10 Q. Do you recognize this as being the company 11 letterhead of Calidria Asbestos? 12 A. Yes. 13 Q. And do you recognize the signature there? 14 A. Yes. 15 Q. Who is that? 16 A. R.E. Byrne, Jr. 17 Q. And have you ever seen this letter before? 18 A. I don't have any specific recollection of 19 having seen it, but I would assume that I have, yes. 20 Q. And what was Mr. Byrne's title at this time? 21 A. Manager, asbestos technology. 22 Q. And in that regard, would you have any 23 understanding as to whether it would be part of his 24 duties to generate a letter such as this? 25 A. I don't recall. DEPOSITION OF JOHN L. MYERS 149 UCAREF00013540 1 Q. Let's just go through these, if we can. The 2 next one is Exhibit G. Can you identify the first 3 page on that document. 4 A. It's a draft document on Calidria -- or Union 5 Carbide Calidria Asbestos letterhead from Niagara 6 Falls, New York. 7 Q. Okay; this appears to be a multi-page 8 document. Why don't you take your time and look 9 through that. Is this a document you recognize as 10 being created by you? 11 A. I would have created a document like this, 12 yes. 13 Q. That's your name on the second page there 14 under the signature line area? 15 A. It's my name, yes. 16 Q. And what was the purpose of creating this 17 record? 18 A. There wasn't any record created. It was a 19 letter to be sent to -- again, to Calidria asbestos 20 distributors and warehouses advising them of the new 21 DOT regulation. 22 Q. And at the time this was generated, this was 23 part of your function with Union Carbide, to create 24 documents such as this? 25 A. That would be, yes. DEPOSITION OF JOHN L. MYERS 150 UCAREF00013541 1 Q. And beyond the title there, Calidria asbestos 2 distributors and warehouses, as far as to whom it was 3 addressed, do you have any other information as to who 4 specifically received this? 5 A. No. 6 MR. SUNTAG: Hell, objection, 7 mischaracterizes the record. There's no evidence that 8 anybody received this letter which is marked "draft." 9 BY MR. WAGNER: 10 Q. Do you have any information that this letter 11 was disseminated to anyone? 12 A. No. 13 Q. What's your understanding of the purpose of 14 the "draft" that's typed at the top? 15 A. I probably drafted this and then sent it to 16 my -- the people that work for me to see if it sounded 17 like it covered the situation. 18 Q. Do you recall sending a letter in this form 19 to any Calidria asbestos distributors or warehouses? 20 A. No. 21 MR. SUNTAG: Objection; vague and ambiguous 22 as to "letter of this form." 23 BY MR. WAGNER: 24 Q. Do you have any belief that you drafted this 25 document and did not later distribute it to any DEPOSITION OF JOHN L. MYERS 151 UCAREF00013542 1 customers or warehouses? 2 A. No. 3 Q. Do you have any recollection of this letter 4 being distributed to anyone? 5 A. No. 6 Q. Was this drafted with enclosures? We only 7 have one copy so I'm. trying to read it upside down; so 8 bear with me. 9 A. Apparently there was an enclosure of a 10 duplicate copy of a letter so that the person 11 receiving it could sign that they had received it and 12 make sure they understood what it said. 13 Q. That would be for signature by customers or 14 warehouses? 15 A. Whoever it was sent to. 16 Q. Can you identify the next pages that are 17 immediately following that two-page letter that we 18 marked as Exhibit G? 19 A. ' That's the Federal Register attachment which 20 -- which sets down the new change -- the change in 21 rules. 22 Q. Okay. This continues for a number of pages, 23 then. Why don't you go ahead and look through the 24 rest of the pages to Exhibit G, and I'll ask you if 25 you can identify each of those pages. Is that all DEPOSITION OF JOHN L. MYERS 152 UCAREF00013543 1 part of the Federal Register that you're referring 2 to? 3 A. Looks like there's two excerpts from the 4 Federal Register, one dated December 4, 1978, and 5 another one which -- that's my handwriting, I've 6 written "revisions" on it, dated March 29, 1979. 7 Q. Is that also your handwriting on the text of 8 it? 9 A. Yes, I think so. The remainder of it is from 10 the March 27, '79, Federal Register. 11 Q. Is this still part of Exhibit G that you're 12 looking at here? 13 A. It should be part of Exhibit G there. 14 Q. This was all intended to be an enclosure with 15 that draft? 16 A. Yes. That would all be part of the 17 enclosure. 18 Q. And as you sit here today, you have no 19 recollection of that letter being put in final form 20 and distributed to any customers? 21 A. No. 22 Q. All right; what's the next document? 23 A. H. ' 24 Q. And it looks like we've come across a match 25 here; that was Exhibit H to the Steve Gripp deposition DEPOSITION OF JOHN L. MYERS . 153 UCAREF00013544 1 as well. Can you identify what the first page is? 2 MR. CAINE: Exhibit G was also the same as 3 Exhibit G to the Gripp deposition. 4 MR. SUNTAG: I guess he could read what it' 5 says. I guess maybe a better question was, has he 6 ever seen this before? 7 BY MR. WAGNER: 8 Q. Just familiarize yourself with it at this 9 point. 10 MR. MOPPIN: What's the title of the 11 document? 12 MR. SUNTAG: State of California, Division of 13 Industrial Safety, General Industry Safety Orders. 14 BY MR. WAGNER: 15 Q. That's marked as Exhibit H. Have you ever 16 seen this document before? 17 A. I don't recall specifically, but I assume 18 that I have, yes. 19 Q. When can you recall first seeing this 20 document? 21 MR. SUNTAG: Objection; he states he assumes 22 he has seen it before, and I should request the 23 witness not to assume. If you remember seeing it, 24 that's one thing; if you don't remember either way, it 25 is another thing. But you shouldn't assume that DEPOSITION OF JOHN L. MYERS 154 UCAREF00013545 1 you've seen it. 2 BY MR. WAGNER: 3 . Q. Why do you assume that you saw it? 4 A. Because that would have been part of my job, 5 to review the regulations of federal -- federal and 6 state regulations. 7 Q. And would you maintain documents such as this 8 in your files? 9 A. I would have, yes. 10 Q. What specific duties did you have with regard 11 to regulatory compliance while employed by Union 12 Carbide or KCAC? 13 A. I didn't have any duties related to that^ ixct JL i*Ja CJf-fe&fed -ho /ceep ^P */\th resu/ahejit inform Cottomers of tfrjttfuro.'jC+o tevxflu Uftrri and ' 14 Q. Did you nave any duties concerning a 15 Department of Transportation regulation while employed 16 by Union Carbide or KCAC? 17 A. HO, Kit I ^ io keJLr *-r +>' ** 1,-,-hrm (wi+v/n&rt <of 't-fcrri eistd en them -fo e^/iy^ T~her*. 18 Q. Are there presently files in your possession 19 at KCAC which pertain in any way to Department of ' 20 Transportation regulations involving Calidria 21 asbestos? 22 A. Not -- not to my knowledge in my files, no. 23 Q. Is there an employee at KCAC that would 24 maintain such files? 25 A. Most of the files that I've had were passed DEPOSITION OF JOHN L. MYERS 155 UCAREF00013546 1 on to the succeeding president of KCAC. 2 Q. And what files were those? 3 A. i said most of those. ' 4 Q. Those would be safety-related issues? 5 A. Regulatory issues. 6 Q. And who is that individual? 7 A. Richard A. Vance. 8 Q. And he maintains his office in the King City 9 location of KCAC? 10 A. Yes. 11 Q. So as you sit here today, you have no 12 specific recollection of ever having seen Exhibit H 13 before? 14 A. No. 15 Q. Can you identify Exhibit I? Let me ask you 16 if you've ever seen it before? 17 A. I can't recall. 18 Q. Do you recognize any names on this document? 19 A. It's addressed to someone named Leon. It's 20 signed by Tom Norris. 21 Q. Do you recognize this as being a document of 22 the type that was in use at Calidria Asbestos at any 23 time? 24 A. This form? 25 Q. Right. , DEPOSITION OF JOHN L. MYERS 156 U CAR E F00013547 1 A. Yes. 2 Q. And what type of form is that? 3 A. It's a five-by-eight note paper which is 4 pre-printed with the Union Carbide hexagon and 5 "Calidria Asbestos" and the name of the person for 6 whom it was printed. ' 7 Q. And this was a pre-printed form for use in 8 generating memoranda at Calidria Asbestos, is that 9 your understanding? 10 MR. CAINE: Objection, assumes facts not in 11 evidence as to any perceived policy or regular 12 practice of the company. 13 THE WITNESS: We had those notepads for 14 whatever use one had to make of them, grocery lists or 15 notes to people. 16 BY MR. WAGNER: 17 Q. All right. And you've never seen this 18 document before? % 19 A. No. 20 Q. Do you recognize the two-page letter dated 21 December 22, 1977? It's also attached as Exhibit I. 22 A. Well, I don't know what you mean by 23 "recognize." 24 Q. Have you ever seen it before? 25 A. I can't remember seeing it before DEPOSITION OF JOHN L. MYERS 157 UCAREF00013548 1 specifically. 2 Q. Do you know who created the document? 3 . A. No. The best of my recollection, I would 4 have created it if I signed it. 5 Q. Is that your signature on the second page 6 there? 7 A. Yes. 8 Q. And you have no specific recollection of 9 generating this letter? 10 A. No. 11 Q. Do you recall sending this letter to Leon 12 Persson? 13 A. No. 14 Q. Do you know what the purpose of this letter 15 was? 16 A. I can read it and tell you. It was a -- to 17 advise Mr. Persson that the Consumer Product Safety 18 Commission published a ban on consumer patching 19 compounds containing respirable free-form asbestos. 20 Q. And it was part of your function at that time 21 to apprise your customers of that fact? 22 A. Yes. 23 Q. I don't want to dweli on it, but we'd just 24 like to get through these letters as quickly as we 25 can. DEPOSITION OF JOHN L. MYERS 158 UCAREF00013549 1 Next one is December 14, 1977. Do you 2 recognize that? 3 A. No. Not -- not specifically. 4 Q. Do you know who created that? 5 A. I can tell you who -- I can say it was 6 probably -- it was drafted by Dr. Rhodes. 7 Q. Okay; and who is that? 8 A. He was our -- at one time part of the sales 9 group. He had signed this as technology manager. 10 Q. And did you sign this on behalf of him? 11 MR. SUNTAG: Objection; the document is not 12 signed. 13 THE WITNESS: It's signed in tha^it was 14 signed by John Myers for Dr. Rhodes. 15 BY MR. WAGNER: 16 Q. Do you recall signing this for him? 17 A. No. 18 Q. Do you recall seeing this document at the 19 time it was created? 20 A. No. 21 Q. Do you know to whom it was directed? 22 A. Only by the addressees are the commissioners 23 on the Consumer Product Safety Commission. 24 Q. Did you participate in the drafting of this 25 correspondence? DEPOSITION OF JOHN L. MYERS 159 UCAREF00013550 1 A. I don't recall 2 Q. Do you have any understanding as to why it 3 would be typed in there on the third page of that 4 December 14, 1977, document that it was signed by you? 5 A. I'm assuming -- I'm not supposed to assume 6 things, but I would think that Dr. Rhodes was not 7 available to sign it. 8 ` Q. And the following document, was that 9 enclosured in that letter, to your understanding? 10 MR. SUNTAG: Objection; the witness testified 11 that he didn't recall seeing the document before, so I 12 think it's unfair to ask whether he recalled that the 13 attachment was attached to the document. 14 BY MR. WAGNER: 15 Q. Strike that; let me ask you this: Do you 16 recognize the subsequent document with the label 17 Federal Register? 18 A. No. 19 Q. You don't recall ever seeing that before? 20 A. No. 21 Q. That bears the date Thursday, December 15, 22 1977. Go ahead and take your time and look through 23 it. 24 A. No, I don't remember seeing it before, you 25 know, specifically. DEPOSITION OF JOHN L. MYERS 160 UCAREF00013551 1 Q. Let's go to the next exhibit, then. Actually 2 Exhibit J, the first page appears to be a duplicate of 3 what we earlier marked as Exhibit C. Is that your 4 understanding, sir? 5 A. Exactly. Looks like it,, yes. 6 Q. Let me ask you, under the column Wc/L Price, 7 $/T," was does that refer do? 8 A. It just says carload pricing, dollars per 9 ton. . 10 Q. At the time this was generated, is it your 11 understanding that it was part of Mr. Byrne's duties 12 to generate such correspondence? 13 A. Yes, that would be one of his duties. 14 Q. And it would be important for the information 15 contained on such a document to be true and accurate; 16 is that true? 17 MR. SUNTAG: Objection; vague and ambiguous 18 as to what you mean by "important.M 19 MR. SHERMAN: Objection; argumentative. 20 MR. WAGNER: Strike that. 21 Q. Based upon your employment with Union 22 Carbide, is it your understanding that this would be 23 the document ordinarily relied upon in the course of 24 business to be accurate? 25 MR. SUNTAG: By whom? DEPOSITION OF JOHN L. MYERS 161 U CARE F00013552 1 MR- CAINE: Requires speculation, assumes 2 facts not in evidence. 3 MR. SUNTAG: Can you read the question back, 4 please. 5 1 (Record read.) 6 MR. SUNTAG: Objection; how can a document be 7 ordinarily relied upon if it was a one-time document? 8 I don't understand the question. 9 BY MR. WAGNER: 10 Q. This is a price quote sheet; is that true? 11 A. No, I wouldn't recognize it as that. 12 Q. What would you recognize it as? 13 A. An announcement to the people involved with 14 sales on a corporate approval for price increases.' 15 Q. Okay. 16 A. It doesn't say that they're going to be 17 implemented or that they have been implemented. It 18 just has corporate approval. 19 Q. Do you know if those price increases were 20 implemented? 21 A. No. 22 Q. Do you know if it would be important for such 23 an annoucement to accurately reflect information? 24 MR. SUNTAG: Objection; vague and ambiguous. 25 Important to whom? DEPOSITION OF JOHN L. MYERS 162 UCAREF00013553 1 MR. WAGNER: The people to whom it was 2 generated. 3 MR. SUNTAG: Speculation; vague and ambiguous. 4 MR. CAINE: Join. 5 THE WITNESS: It would have some importance. 6 BY MR. WAGNER: 7 Q. All right. The second page of the exhibit 8 that we've marked as Exhibit J, can you identify what 9 that is? 10 A. It's a Calidria Asbestos price list. 11 Q. And this is a form that you recognize as 12 being in use at Calidria Asbestos at that time period? 13 MR. SUNTAG: What time period? 14 THE WITNESS: January 1979. 15 BY MR. WAGNER: 16 Q. Is that true, that was -- 17 A. Yes. 18 Q. And what information is contained in such a 19 price list? 20 MR. SUNTAG: Are you asking him to read 21 the -- 22 BY MR. WAGNER: 23 Q. Typically there are a number of price lists 24 here. We can dig through each one, or you can tell me 25 what information is simply set forth in a price list. DEPOSITION OF JOHN L. MYERS 163 UCAREF00013554 1 MR. SUNTAG: Objection; the document speaks 2 for itself. I'm not sure what you're asking him. 3 MR. WAGNER: There are a number of documents 4 here. We can go through every single price list for 5 every single product, or I can ask him generally 6 speaking what information is set forth in the price 7 list. 8 MR. SUNTAG: But if it's on the document, why 9 do you ask him to repeat that? 10 MR. WAGNER: I'm not asking him to repeat. 11 Q. What's your understanding of the information 12 that's set forth in price lists that are generated by 13 Union Carbide at this time period? 14 MR. SUNTAG: Same objections. I guess what 15 he's asking is what the general -- what are the 16 general categories of information that would be 17 included in the price lists at that time. 18 THE WITNESS: And not Union Carbide but 19 Calidria Asbestos price list you're referring to, 20 right? You said Union Carbide price list. 21 BY MR. WAGNER: 22 Q. Yes. The name Union Carbide is on there, 23 isn't it? 24 A. No. 25 Q. What is this document here, the second page, DEPOSITION OF JOHN L. MYERS 164 UCAREF00013555 1 Exhibit J? 2 A. It's a price list showing the availability of 3 the products from the warehouses, different shipping 4 points, with a breakdown of price between carload 5 quantities and smali quantities less than one pallet; 6 it provides the packaging information for the products 7 listed and how to order or get additional information. 8 Q. Do you know who in 1979 was responsible for 9 creating such documents? 10 A. Yes. I would have been responsible for 11 having it created. 12 Q. Okay; and there are a number of other price 13 lists, too. Do these pertain to different products? 14 A. Yes. 15 Q. What is the purpose of the price list? 16 A. To advise customers of the price of our 17 product and where it's available. 18 ' Q. And these would be disseminated to customers? 19 A. Customers, distributors, potential customers. 20 Q. This would be a document ordinarily created 21 during the course and scope of your employment at 22 Union Carbide, this was part of your duties; is that 23 true? 24 MR. SUNTAG:, You mean this very document, 25 January 2, 1979? Are you asking whether it was the DEPOSITION OF JOHN L. MYERS 165 UCAREF00013556 1 general practice during the entire period and so 2 forth? 3 BY MR. WAGNER: 4 Q. In 1979, for example, was it your 5 responsibility to be responsible for generating such 6 price lists? 7 A. That fell under my responsibility while I was 8 marketing manager. 9 Q. And these price lists were documents created 10 in the ordinary course of business at Union Carbide? 11 A. Yes. 12 Q. And was it important for the information 13 contained in these price lists to be accurate? 14 A. Yes. 15 Q. If a price list exists for a certain product 16 in a certain year, does that indicate that that 17 product is, at that time, a product being manufactured 18 by Union Carbide? 19 A. Not necessarily. 20 Q. And which situations would it be that there 21 would be a price list for a particular product in the 22 year that that product was not being manufactured? 23 A. Somebody decided to buy it, we would probably 24 produce it for them. 25 Q. Okay. Would there be a situation where the DEPOSITION OF JOHN L. MYERS 166 UCAREF00013557 1 product would be manufactured and warehoused for a 2 period of time before sale? 3 A. Yes. 4 Q. Typically how long would a product be 5 warehoused prior to sale? 6 MR. SUNTAG: Objection; assumes that this was 7 a typical time period. 8 THE WITNESS: There was no typical time 9 period for warehousing of material. 10 BY MR. WAGNER: 11 Q. Was there any shelf life on any of the grades 12 of asbestos that we've talked about? 13 MR. SUNTAG: Objection; vague and ambiguous. 14 What do you mean by shelf life? 15 BY MR. WAGNER: 16 Q. Would the product degrade in quality to where 17 it would be unuseable after a certain period of time? 18 A. No. 19 Q. Do you know how long the product grades that 20 we earlier discussed could be warehoused at any 21 location? Was it an unlimited amount of time that 22 they could be warehoused? 23 A. Yes. 24 Q. Were there warehousing facilities at the King 25 City location? DEPOSITION OF JOHN L. MYERS 167 U CAR E F00013558 1 A. Yes. That's where the product was produced 2 and stored until it was shipped, yes. 3 Q. A number of these price lists have the 4 various products, and then there is a price list here 5 -- it is actually marked at the bottom J-14, but it's 6 part of Exhibit J here, labeled "Standard Grades." Do 7 you know what this pertains to? 8 A. I don't understand your question. 9 Q. Does this pertain to all of the SG grades, 10 this price list? 11 A. It pertains to the ones that are listed 12 there, SG-100, SG-144, and SG-130. 13 Q. Okay. So instead of the single grade, it's 14 referring to multiple grades. 15 Let's quickly move to Exhibit K. Do you 16 recognize that? 17 A. I don't know what you mean by recognize. 18 Q. Have you ever seen that document before? 19 A. Yes. 20 Q. Is that your signature on the second page? r 21 A. Yes. 22 Q. And is that a letter you directed to 23 Hr. Lebeis? 24 A. It looks like a letter I sent to Mr. Lebeis. 25 Q. Do you know if it was ever sent to him? DEPOSITION OF JOHN L. MYERS 168 UCAREF00013559 1 A. I can confirm that it was received by him -- 2 Q. You're just looking -- 3 A. -- by the stamp. 4 Q. And do you recall what the purpose of 5 receiving this letter was? 6 A. Sounds like an agreement to sell Calidria 7 asbestos SG-210 to them in minimum quantities. 8 Q. Was there an attachment along with this? 9 MR. SUNTAG: Are you asking for his 10 independent recollection, or are you asking him to 11 look for the word "attachment" on the letter? 12 BY MR. WAGNER: 13 Q. Well, do you recall if there was an 14 attachment on the letter? 15 A. No, not without reading the letter -- "on 16 the terms and conditions contained in Exhibit A 17 attached." 18 Q. So the letter refreshes your recollection 19 whether attachment was provided? 20 A. Yes. 21 Q. And the attachment is here? 22 A. It is marked Exhibit A, and it's attached to 23 the letter. So it appears that that was the 24 Attachment A referenced in the cover letter. 25 Q. And does that refer to the terms and DEPOSITION OF JOHN L. MYERS 169 UCAREF00013560 1 conditions for the sale of that grade to Mr. Lebeis? 2 MR. SUNTAG: Objection; the documents speaks 3 for itself. 4 BY MR. WAGNER: 5 Q. Do you have any recollection as to what the 6 terms and conditions were? 7 A. No. 8 Q. And is it your understanding that Exhibit A 9 here would accurately reflect what the terms and 10 conditions were for that? 11 A. I have no idea, because I don't remember 12 them. 13 Q. You just have to defer to this letter? 14 A. Yes. 15 Q. Next exhibit is L. Do you recognize that? 16 MR. CAINE: "L" or "M?" 17 THE WITNESS: "L." There is an old ''M. 18 BY MR. WAGNER: 19 Q. Yes, this is Exhibit L to this deposition, 20 formerly M to Steve Gripp's deposition. Let's go off 21 the record for a minute, too. 22 (Discussion held off the record.) 23 MR. WAGNER: Let's go back on the record. 24 The next exhibit is Exhibit L, but it bears 25 page numbers M-29 through a large number of other "M" DEPOSITION OF JOHN L. MYERS 170 UCAREF00013561 1 designations. But for purposes of this deposition, 2 it's Exhibit L. 3 Q. Do you recognize the first page? It has an 4 "M-29" at the bottom right. 5 A. It looks like a typical letter that we would 6 send concerning the product specifications. 7 Q. Do you recognize this letterhead? 8 A. Yes. 9 Q. And what company is this referring to? 10 A. The letter is written to Harrisons & 11 Crosfield (Pacific), Incorporated. 12 Q. Is this at a time when the company in King 13 City is known as KCAC? 14 A. Yes -- oh, yes. 15 Q. You indicated this would typically be a 16 letter sent for what purpose? 17 A. Hell, not always typically sent, but this is 18 a letter which advises the customer that the product 19 being shipped meets the specifications for that 20 product. 21 Q. And this is -- do you recognize the 22 signature? 23 A. Yes. 24 Q. And who is that individual that signed it? 25 A. Linda Jo Grogan. DEPOSITION OF JOHN L. MYERS 171 UCAREF00013562 1 Q. And this was part of her duties, to generate 2 a document such as this? 3 A. Yes. 4 Q. You recognize the next page? 5 A. Looks like the same thing. 6 Q. This is another document indicating the 7 specifications were met by these products? 8 A. Yes. 9 Q. As opposed to going through about 100 of 10 these pages, could I just have you go through them 11 briefly, skimming them and telling me if you see any 12 other types of letter, other than what we have 13 identified as the type confirming the specification 14 compliance of the product. 15 MR. SUNTAG: Let's just for the record figure 16 out which pages we are talking about. 17 MR. WAGNER: We are on Exhibit L, the witness 18 is going through Exhibit L, and then as soon as we get 19 to a different type document, we will identify that. 20 MR. SHERMAN: Are you just trying to 21 authenticate these documents? 22 MR. WAGNER: I want to know essentially what 23 type of document we're looking at. 24 THE WITNESS: This one is not an invoice, a 25 copy of an invoice. DEPOSITION OF JOHN L. MYERS 172 UCAREF00013563 1 MR. WAGNER: And that 2 MR. CAINE: M-38. 3 MR. WAGNER: M-38 in the lower right. 4 MR. SUNTAG: It skips from M-35 to M-38; is 5 there a reason? 6 MR. WAGNER: No. I'm not representing that 7 these are all of the. exhibits from Steve Gripp's 8 deposition; I'm saying that whatever exhibits are here 9 are from that deposition. 10 Q. Do you recognize this as a sales invoice of 11 Union Carbide? 12 A. A copy of a sales invoice. 13 Q. Actually, it indicates "KCAC, Inc."; is that 14 true? 15 A. Yes. 16 Q. Did they use the same type of sales invoices 17 that were formerly used by Union Carbide? 18 A. Same type, yes. 19 Q. And whose job is it to create sales invoices 20 at present? 21 A. The form or the -- 22 Q. The form. 23 A. Probably the printer. 24 Q. Whose duty is it at present at KCAC to input 25 the information in, the sales information? DEPOSITION OF JOHN L. MYERS 173 UCAREF00013564 C^rreil 1 A. Jlswryl''Garcia. 2 Q. Anyone else? 3 A. No. If he's not there, other people in the 4 office can do it. 5 Q. And can you tell from this document who 6 inputted the information? 7 A. No. 8 Q. What information is entered in the upper 9 left-hand corner of the sales invoice, and I'm talking 10 about this particular document in front of you, M-38? 11 A. The name, KCAC, Incorporated, the words 12 MCalidria Asbestos, Post Office Box K, King City, 13 California 93930." 14 Q. Is a customer indicated on this? 15 A. It's the -- the form is normally "shipped 16 to," "billed to." 17 Q. So all the sales invoices, when we go through 18 them, the first entry is "billed to"? 19 A. "Shipped to." 20 MR. SUNTAG: I note that on the form, the 21 exhibit that has been given to the witness, he can't 22 read the far left of the document. 23 THE WITNESS: Yes, you know, "shipped to" and 24 "invoiced to" are two different addresses. 25 BY MR. WAGNER: DEPOSITION OF JOHN L. MYERS 174 UCAREF00013565 1 Q. What is the invoice number? What does that 2 refer to? 3 A. It's just an assigned number in numerical 4 succession. The number is KC-20. 5 Q. And what is the invoice date? 6 A. July 11, 1985. 7 Q. Date the order is received? 8 MR. SUNTAG: You mean this document or 9 general practice with Union Carbide or general 10 practice with KCAC? 11 BY MR. WAGNER: 12 Q. General practice as of this time, what would 13 the invoice date be? 14 MR. SUNTAG: General practice when, as of 15 July 11 with KCAC? 16 MR. WAGNER: Right. 17 THE WITNESS: You're asking me to read the 18 invoice date? 19 BY MR. WAGNER: 20 Q. I just want to know what the practice was at 21 about this time period as far as entry of a date for 22 the invoice date; is that when the order is placed? 23 A. No, no, that's when the order is shipped. 24 Q. Okay. What is "Date to Ship"? 25 A. July 8. DEPOSITION OF JOHN L. MYERS 175 UCAREF00013566 1 Q. I just want to know the import of the date 2 entries here. 3 A. Well, if the customer -- it was customary to 4 invoice on date of shipment, but if for some reason 5 the person did not have time, it would be invoiced at 6 a later date. 7 Q. Okay. Why don't we just finish up with 8 Exhibit L, then. Can you go through and see if 9 there's any other types of documents in there, other 10 than the invoice type that you've identified and the 11 specification document? 12 A. Page M-40 is bill of lading. 13 Q. Do you recognize that as a Calidria form in 14 use during your employment there? 15 A. Yes. 16 Q. What was the purpose of this document? 17 MR. SUNTAG: Objection, calls for a legal 18 conclusion, but you can give your understanding. 19 THE WITNESS: It's my understanding that this 20 is denoting how the material is to be shipped, how 21 much there is. 22 BY MR. WAGNER: 23 Q. Would this reflect an actual shipment of 24 product? 25 A. Yes. DEPOSITION OF JOHN L. MYERS 176 UCAREF00013567 1 Q. And whose responsibility would it be to input 2 the information for such a bill of lading? 3 A. Normally the same person that would prepare 4 the invoice. 5 Q. And that would reflect to whom the shipment 6 was made? 7 A. Yes. 8 Q. Okay. As well as the date? . 9 A. I would -- yes, the date is up here. 10 Q. Okay. And in this case, it's 7/8/85? 11 A. Yes. 12 Q. All right; and what is the quantity shipped? 13 MR. SUNTAG: Are you asking him whether he 14 knows that this actual sale occurred and this quantity 15 was actually shipped, or are you asking him to read 16 the document? 17 BY MR. WAGNER: 18 Q. Can you tell from this document, M-40, what 19 quantity is specified in the bill of lading? 20 A. No, I don't know whether the invoice and the 21 bill -- I mean, these don't seem to go together. I'm 22 not sure. Apparently the -- the amount shipped was 23 100,000 net pounds. 24 MR. SUNTAG: Let me -- are you -- 25 THE WITNESS: I'm quoting from this. DEPOSITION OF JOHN L. MYERS 177 UCAREF00013568 1 BY MR. WAGNER: 2 Q. You're looking at the bill of lading, and you 3 can determine that the entry is 100,000 net pounds? 4 A. I am. I can determine it because it says, 5 'Bill as 100,000 pounds." Q. What is the net pound? What does it mean by 7 that term? 8 A. The amount of the weight of the asbestos with 9 its packaging but not including the weights of pallets 10 or any materials that are used in -- to pack the 11 pallets to the railcar. 12 Q. Does this also reflect the sale of 22,000 net 13 pounds? 14 MR. SUNTAG: Well, same objection. Are you 15 asking whether he knows whether it was net, or are you 16 asking him to interpret the document? 17 BY MR. WAGNER: 18 Q. Yes, is that a fair reading of the document? 19 A. I'm not sure that's what it is without being 20 able to see the whole document. 21 Q. Aside from this bill of lading form, can you 22 identify any other types of forms in Exhibit L that we 23 haven't talked about? 24 MR. SHERMAN: I take it we're going to go 25 through this entire stack? DEPOSITION OF JOHN L. MYERS 178 UCAREF00013569 a MR. WAGNER: Yes. 2 MR. MOPPIN: We already almost did. 3 MR. SUNTAG: Is there any reason to go 4 through multiple copies of the same type of document,' 5 such as product specifications letters? 6 MR. WAGNER: It will only take a few minutes. 7 MR. SUNTAG: I know, but is there any reason 8 to do it? 9 MR. SHERMAN: What's the offer of proof on 10 this? This is unduly burdensome and time consuming 11 here. It seems like we're wasting a lot of attorney 12 time here. 13 BY MR. WAGNER: 14 Q. We've been able to identify types of 15 documents here as Exhibit L involving specification 16 confirmation documentation as well as the invoices and 17 a bill of lading. Can you identify any other 18 documents that are part of Exhibit L here? 19 A. Yes. Number -- it's not readable, but this 20 is a sample order. 21 Q. What's a sample order? 22 A. An order for a sample. 23 MR. CAINE: For reference, the prior page 24 appears to be M-108. 25 BY MR. WAGNER: DEPOSITION OF JOHN L. MYERS 179 UCAREF00013570 1 Q. And what situation would a sample order be 2 requested? 3 MR. SUNTAG: Objection; vague as to time. 4 BY MR. WAGNER: 5 Q. At any time, what's your understanding as to 6 the purpose of providing a sample order? 7 A. To -- usually a customer would request -- I 8 should say a potential customer would request a sample 9 so that they could evaluate which product -- if the 10 product would work in their application.. 11 Q. When an order was placed with Union Carbide 12 at the King City location, would the only 13 documentation concerning that order be an invoice in a 14 bill of lading? 15 MR. SUNTAG: Objection; vague as to time. 16 Are you asking general practice? 17 MR. WAGNER: Strike that. 18 Q. What is your understanding, generally 19 speaking, of the document that would be generated as a 20 result of a customer placing an order for Calidria 21 asbestos in the King City location? 22 MR. SUNTAG: What time period? 23 MR. WAGNER: At any time. 24 THE WITNESS: Whoever took the order on the 25 telephone would probably prepare a notepad, like DEPOSITION OF JOHN L. MYERS 180 UCAREF00013571 1 you're doing, to write down the order and then 2 complete the -- complete a sheet advising the shipping 3 department about the order and where to ship it. 4 BY MR. WAGNER: 5 Q. Does that document have a name? 6 A. No, not that -- it's an internal document. 7 Q. And then what would the next document be in 8 the process? 9 A. I can't answer that. 10 Q. Do you know for every purchase order placed 11 whether an invoice would be generated? 12 A. Should be, yes. 13 Q. And for every -- 14 A. Every -- not a sample order, there would be 15 no invoice. 16 Q. For every purchase order placed, would a bill 17 of lading be generated? 18 A. Unless there was a customer pick-up, I 19 assume. I'm not that familiar with that phase. 20 MR. WAGNER: Off the record. 21 (Discussion held off the record.) 22 MR. WAGNER: Let's go back on the record. 23 Q. The witness has been able to go through a 24 substantial part of Exhibit L here, and you have 25 identified these are copies, to your knowledge, of DEPOSITION OF JOHN L. MYERS 181 UCAREF00013572 1 sales records of Union Carbide; is that true? 2 HR. SUNTAG: Let me just clarify, when you 3 say "substantial portion," you started at M-460 and 4 went through the end of that booklet, which says 5 M--770. Presumably the numbers in between are 6 chronological. Let me just assert an objection for 7 the record, that it's unfair and compound and not 8 proper deposition to ask the witness to quickly review 9 what appears to be several inches of documents and ask 10 him to authenticate them also. And so the witness's 11 answer is based on the fact that he's done it in a 12 quick manner to expedite this proceeding. It's also 13 with the caveat that there are markings on the 14 document that may not have been placed by Union 15 Carbide. There are stamps; for instance, the one on 16 M-460 says "H & C (Pacific)." There are check marks 17 on this and handwritten notations, and I want it to be 18 clear that they may not be -- those markings may not 19 have been applied by Union Carbide. 20 MR. WAGNER: That's understood. I just want 21 to clarify that the witness did go through the -- 22 another portion of Exhibit L, which at the bottom 23 right indicates M-29 continuing through M-100, just 2 4 for clarity of the indication. So there are some 25 records he did go through but others that he didn't DEPOSITION OF JOHN L. MYERS 182 UCAREF00013573 1 that he didn't identify. 2 Q. But with that understanding, sir, do these 3 appear to be true and accurate copies of sales records 4 of Union Carbide? 5 A. As I said, except for the front -- first 6 pages of that document. 7 Q. Yes. You're talking about a different 8 exhibit, though, you're talking about Exhibit D to 9 this deposition. So we are just focusing on 10 Exhibit L. 11 A. Yes, with the -- my counsel's stipulation. 12 MR. WAGNER: Okay. Well, we had a discussion 13 off the record about the possibility of reviewing 14 documentation that's been referred to and is not 15 present here today. With that understanding, though, 16 I don't have any further questions. 17 MR. SHERMAN: You're all done? 18 MS. EWERT: I have a question. 19 EXAMINATION BY MS. EWERT: 20 Q. Hi, Mr. Myers. My name is Elizabeth Ewert. 21 I have some questions for you regarding RG-244. I 22 represent Dow Corning Corporation. 23 You testified that within the manufacture of 24 RG-244, asbestos is mixed with sodium silicate; is 25 that correct? DEPOSITION OF JOHN L. MYERS 183 UCAREF00013574 1 A. The -- asbestos in a slurry form with water, 2 asbestos in a slurry form was mixed with sodium 3 silicate and acetic acid. 4 Q. And the result of that procedure is that the 5 asbestos fibers are encapsulated in silica? 6 MR. WAGNER: I'll object to the form of the 7 question as vague and overbroad, lacks foundation, 8 calls for speculation. 9 THE WITNESS: I wouldn't describe it as 10 encapsulated. The fibers are coated with the silica, Cuv>0r*pho\AS> 11 which, by the way, is morpheme silica. 12 BY MS. EWERT: 13 Q. Ahd to your knowledge, is there any method by 14 which that coating could be removed from the asbestos 15 fibers? 16 MR. WAGNER: Object to the question; vague, 17 overbroad, lacks foundation. 18 THE WITNESS: Yes. The coating -- I'm not 19 sure whether the coating is removed. The 20 effectiveness of RG-244 can be destroyed by excessive 21 dry grinding, and whether that removed the coating or 22 causes some other reaction, I don't know. 23 BY MS. EWERT: 24 Q. When you say "excessive," do you mean that 25 some amount of grinding might not destroy the DEPOSITION OF JOHN L. MYERS 184 UCAREF00013575 1 effectiveness? 2 A. That's true. 3 MR. WAGNER: Objection; vague, overbroad, 4 lacks foundation, calls for speculation, incomplete 5 hypothetical. 6 THE WITNESS: That is true, yes. 7 BY MS. EWERT: 8 Q. Thank you. What is it that makes RG-244 9 effective in the way you have just used it, the term 10 'effective"? 11 MR. WAGNER: Same objections; it's vague, 12 overbroad. 13 THE WITNESS: I don't know the chemical 14 process, but silica is used to -- let's take the 15 example of polyester resins. Silica is used to 16 provide viscosity control in polyester resins. RG-244 17 has -- since it has a silica surface, performs that 18 job better because it is now in a fibrous nature, 19 being on the asbestos fibers. 20 BY MS. EWERT: 21 Q. It's in a fibrous form, it performs its job 22 better; is that what you just said? 23 A. That's what we think, yes. 24 Q. And what job might that be? 25 A. To create viscosity, actually thixotropy, in DEPOSITION OF JOHN L. MYERS 185 UCAREF00013576 1 the resins. 2 MS. EWERT: That's all I have. Thanks. 3 EXAMINATION BY MR. SHERMAN: 4 Q. A few questions. My name is Paul Sherman for 5 American Cyanamid Company. 6 Do you have a specific recollection of 7 American Cyanamid Company being a buyer of Calidria 8 asbestos? 9 MR. WAGNER: Objection; asked and answered, 10 argumentative. 11 THE WITNESS: Yes, I do. 12 BY MR. SHERMAN: 13 Q. Okay; and what is the basis for that 14 recollection? 15 A. I made several visits to the American 16 Cyanamid plant in Azusa, I think it's in Azusa, 17 California. 18 Q. And you testified that they purchased RG-244; 19 is that correct? 20 A. Yes. 21 Q. Did they purchase any other form? 22 A. Not that I recall. 23 Q. What use was the RG-244 put; do you know? 24 MR. SUNTAG: Objection; calls for 25 speculation. DEPOSITION OF JOHN L. MYERS 186 UCAREF00013577 1 THE WITNESS: It was used in polyester resins 2 for the purpose previously described. 3 BY MR. SHERMAN: 4 Q. Did that use have an aerospace application? 5 MR. SUNTAG: Same objection. 6 THE WITNESS: I don't have any knowledge of 7 what happened to the resin after -- 8 BY MR. SHERMAN: 9 Q. Do you know any product designations by 10 American cyanamid Company that incorporated RG-244? 11 A. No. 12 Q. So if I understand your testimony, you don't 13 know how American Cyanamid Company used the RG-244? 14 MR. WAGNER: Objection; mischaracterizes 15 prior testimony, argumentative, vague, and overbroad. 16 THE WITNESS: I don't know how they used the 17 product they made with RG-244. 18 MR. SHERMAN: No further questions. 19 MR. MOPPIN: I have a couple questions. 20 EXAMINATION BY MR. MOPPIN: 21 Q. My name is Timothy Moppin. You testified 22 that you possibly have heard of NARMCO before? 23 A. Yes. 24 Q. Do you know if -- what "NARMCO" stands for as 25 an acronym? DEPOSITION OF JOHN L. MYERS 187 UCAREF00013578 1 A. No. 2 Q. Could it be North American Refractories 3 Manufacturing Company? 4 A. I don't know. 5 MR. SUNTAG: Speculation. 6 THE WITNESS: I have no idea what it stands 7 for. 8 BY MR. MOPPINJ 9 Q. You have no idea. Do you know how you're 10 familiar with the name NARMCO? 11 A. I think, as I said earlier, it seemed to ring 12 a bell as a potential customer. I have no idea if 13 they were or not, but it rang a bell. 14 Q. Meaning that you've heard the name somewhere 15 before in your career? 16 A. Yes. 17 Q. Okay. Have you ever visited a NARMCO 18 facility? * 19 A. I can't recall. 20 Q. Do you know anyone who ever worked for 21 NARMCO? 22 A. No. 23 MR. MOPPIN: That'S all I have. 24 MR. RUDER: I have some questions. Regarding 25 RG-244, I think you've already explained the -- DEPOSITION OF JOHN L. MYERS 188 UCAREF00013579 1 MR. SUNTAG: What's your name? 2 MR. RUDER: Joe Ruder, Epoxylite. 3 EXAMINATION BY MR. RUDER: 4 <2* You mentioned RG-244, and you talked about 5 the asbestos fibers being coated with silica. Amorphous 6 A. Horpnous silica. 7 Q. Did that process add to the fiber length of 8 the asbestos product? 9 A. No. 10 Q. You also earlier in your deposition, you 11 talked about how short-fiber chrysotile was the 12 product -- was the asbestos fiber that was in any of 13 the items produced at the King City processing plant; 14 is that accurate? 15 A. It was the product produced. I mean, it 16 wasn't in a product, it was the product. 17 Q. And all that came from the mine at that 18 location; correct? 19 A. Yes. 20 Q. Now, do you know if any other asbestos fiber 21 was ever produced by that mine during the time Union 22 Carbide was operating? 23 MR. SUNTAG: By Union Carbide or somebody else? 24 BY MR. RUDER: 25 Q. From the mine that Union Carbide controlled, DEPOSITION OF JOHN L. MYERS 189 UCAREF00013580 1 from the time in 1963 on to the present, do you have 2 any knowledge of any other type of asbestos fiber 3 being produced from that mine? 4 A. No. 5 Q. Do you know the reverse of that? Do you know 6 for sure that no other type of asbestos fiber was 7 produced from that mine? 8 A. Yes, I do know that for sure. 9 Q. How do you know that? 10 A. Based on my working there and being involved 11 on a day-to-day basis with the ore -- the mine and the 12 mill process. 13 MR. RUDER: That's all I have. Thank you. 14 EXAMINATION BY MR. DAVIS: 15 Q. Whitney Davis, sir. I represent the Dexter 16 Corporation. 17 Whose idea was it to take short-fiber 18 chrysotile and coat it with silica and the other 19 materials that you coated the RG products with? 20 MR. CAINE: Misstates prior testimony as far 21 as only one RG product was coated. 22 THE WITNESS: Who's the inventor? 23 BY MR. DAVIS: 24 Q. Yes. 25 A. Steven Chwastiak. DEPOSITION OF JOHN L. MYERS 190 UCAREF00013581 1 Q. Did you work with the inventor when you 2 participated in the testing of asbestos in different 3 applications while at Niagara? 4 A. I worked with him on setting up the pilot 5 plant to produce it in Niagara Falls, yes. 6 Q. You were a research engineer in Niagara 7 Falls; correct? 8 A- Yes. 9 Q. What type of testing did this process go 10 through at Niagara Falls? If I'm too vague, I mean 11 this silicating process, what do you call the process? 12 A. We call it surface modification. That 13 probably is a -- more marketing oriented than anything 14 else. 15 Q- When you were a test engineer in Niagara, you 16 did some testing on the surface modification process? 17 A. No. 18 Q. On asbestos fibers; correct? 19 A. No. I don't remember being involved with the 20 actual development of the fiber in the laboratory by 21 Dr. Chwastiak. I took it from his idea and his lab 22 samples to a pilot plant production. 23 Q. Did you find customers, or potential 24 customers, for this type of fiber? 25 A. Eventually, yes. DEPOSITION OF JOHN L. MYERS 191 UCAREF00013582 1 Q. That was your job; right? 2 A. Not at Niagara, no. At Niagara I was 3 responsible for finding out how to produce this in 4 commercial quantities versus producing it in a beaker 5 in a laboratory. 6 Q. What type of testing did you do at Niagara 7 for that purpose? 8 A. I don't recall. 9 Q. I believe you stated earlier that excessive 10 dry grinding affects the, quote, "effectiveness" of 11 the RG--244; that's correct? 12 A. Yes. 13 Q. Okay. How do you know that? 14 A. Based on tests that were run in Niagara 15 Falls. 16 Q. Who did the tests regarding the excessive dry 17 grinding? 18 A. I -- I can't recall except the -- it would 19 have been the people that worked for me, Mr. Ingalls, 20 Mr. Byrne. 21 Q. You didn't perform those tests yourself? 22 A. No. 23 Q. Did you supervise those tests? 24 A. Not that I recall. 25 Q. Did you ever see any test results regarding DEPOSITION OF JOHN L. MYERS 192 UCAREF00013583 1 the excessive grinding test? 2 A. Yes. 3 Q. Okay. Were those test results stored or kept 4 anywhere? 5 A. Not to my knowledge. 6 Q. Were they destroyed? 7 A. Not intentionally. They may have become 8 lost, but they weren't destroyed as a -- as a willing 9 act. 10 Q. I'm not asserting that they were willingly 11 destroyed. It's been some time since you've been in 12 Niagara? 13 A. Yes. 14 Q. Have you seen those test results since 15 leaving Niagara, that's the excessive grinding test 16 results? 17 A. I've seen the results which we have 18 publicized in literature saying do not grind at 19 higher-than-certain RPM's with certain equipment. 20 Q. What literature do you speak of? 21 A. Well, RG-244 sales literature. 22 Q. What time period did the excessive grinding, 23 I guess, guideline, what time period was that included 24 in the sales literature? 25 A. I don't recall. DEPOSITION OF JOHN L. MYERS 193 UCAREF00013584 1 Q. Can you give me a decade? 2 A. 70 * s. 3 Q. Did you provide any excessive grinding 4 warnings or guidelines to your customers in anything 5 other than sales literature? 6 A. Probably by word-of-mouth. 7 Q. When I say you, I mean you and the whole 8 sales effort for Calidria. 9 A. Yes. 10 Q. So your sales force was instructed as to this 11 excessive grinding concept? 12 A. Yes. 13 Q. And then were they instructed to pass it 14 along to the customers? 15 A. I would say wherever appropriate, yes. 16 Q. Was there any time that you, as the manager 17 of the sales effort, thought it was inappropriate to 18 pass along the excessive grinding warning? 19 A. No. 20 Q. Okay. Now, that's the excessive grinding 21 test that took place at Niagara Falls. Was that test 22 performed in the 1966 to 1967 time frame? 23 A. No. 24 Q. When was that performed? 25 A. I don't recall. DEPOSITION OF JOHN L. MYERS 194 UCAREF00013585 1 Q. Can you give me a decade? 2 A- 70's. 3 Q. Do you know if it was before or after the 4 OSHA directive regarding asbestos? 5 MR. SUNTAG: Which OSHA directive? 6 MR. DAVIS: He said the 1970 or the 1972. 7 Q. The one that was significant in your mind. 8 A. Those were asbestos rules, not directives, 9 and the test -- the test had nothing to do with -- 10 with the OSHA rules. 11 Q. I/m not asserting that it did, sir. I'm just 12 trying to give you a time reference in your mind to 13 tell me a limit when, in fact, those tests took place. 14 A. I couldn't do any better than the 70's. 15 Q. Okay. 16 A. I would say early 70's. 17 Q. Has this line of questioning jogged your 18 memory at all as to any other tests that might have 19 been applied to the RG-244 product in Niagara or 20 anywhere else in the Union Carbide system? 21 MR. CAINE: Vague and overbroad as to tests, 22 what applications, or what use is. It's kind of a 23 broad area when you look at the actual production 24 process. 25 THE WITNESS: We obviously tested the product DEPOSITION OF JOHN L. MYERS 195 UCAREF00013586 1 in polyester resin to see if it would perform and at 2 what percentage levels it would result in certain 3 viscosities, or the thixotropic aspect. 4 BY MR. DAVIS: 5 Q. Did you ever do heat tests? 6 MR. SUHTAG: On RG-244? 7 BY MR. DAVIS: 8 Q. On RG-244, the polyester matrix? 9 A. I don't recall. 10 Q. So the primary feature of this product was 11 the thixotropic aspect; correct? 12 A. Uh-huh. Let me tie it to your question 13 before. Excessive grinding could have caused 14 excessive heat, which caused the ineffectiveness of 15 the fiber. 16 Q. Did the heat -- 17 A. I don't know that. I don't know that much 18 about it. 19 Q. Okay. So we don't know whether it was heat 20 or actual physical friction that reduced the 21 effectiveness; correct? 22 A. That's correct. 23 Q. All right; have you told me about every test 24 that you recall the RG-244 product going through that 25 was performed by Union Carbide? DEPOSITION OF JOHN L. MYERS 196 UCAREF00013587 1 A. That's all I recall. 2 Q. Okay; have any tests been performed on that 3 product by any successor to Union Carbide? 4 HR. SUNTAG: Objection, lacks foundation, but 5 if you have an understanding. 6 THE WITNESS: Well, each customer would 7 perform tests of his own to see how it worked in his 8 -- his system. I have no knowledge of that. 9 BY MR. DAVIS: 10 Q. I didn't really ask as far as customers, sir. 11 What I was asking for is successors like KCAC. 12 MR. SUNTAG: Let me also object to the use of 13 the term "successor," but if you're asking about 14 KCAC -- 15 MR. DAVIS: I'm not saying they succeed to 16 the liability. I understand your objections. 17 MR. SUNTAG: So the question is, do you know 18 whether KCAC tested RG-244? 19 THE WITNESS: They tested every production 20 batch they made to make sure it met quality control 21 samples*. <sfanda>-ei&. 22 BY MR. DAVIS: 23 Q. For thixotrophy? 2 4 A. Yes. 25 Q. viscosity? DEPOSITION OF JOHN L. MYERS 197 UCAREF00013588 1 A. Mainly viscosity. 2 Q. Well, our previous line of questioning, when 3 I was talking about testing and you were answering the 4 questions regarding tests, we were talking about 5 testing in regards to applications. Were there any 6 testings or was there any testing that took place with 7 regard to applications of the RG>244 product with any 8 successor to Union Carbide? 9 A. No. 10 Q. Can you recall any publication of any testing 11 that was given to customers of either Union Carbide or 12 KCAC? 13 MR. SUNTAG: Other than the literature he 14 described? 15 MR. DAVIS: Other than the sales literature. 16 THE WITNESS: Oh, no. 17 BY MR. DAVIS: 18 Q. Were material safety data sheets ever 19 provided for that product to th.e customers? 20 A. Yes. 21 Q. Okay. And when did that start? 22 A. I don't recall. 23 Q. is Union Carbide a shareholder for KCAC? 24 A. No. 25 Q. Do you know who the majority shareholders of DEPOSITION OF JOHN L. MYERS 198 UCAREF00013589 1 KCAC are? 2 A. There are no share -- well, I don't know what 3 you mean. Could you clarify that perhaps for me. 4 Q. Do you have an understanding as to whether or 5 not KCAC is a corporation that has shares? 6 A. Yes, I guess it is. 7 Q. Okay. Do you know who the shareholders are 8 that have a stake of more than 10 percent? 9 A. Wilbur Ellis Company. 10 Q. Any others? 11 A. No. 12 MR. DAVIS: Thank you. That's all I have. 13 MS. BAKER: Excuse me, was that Wilbur Ellis? 14 THE WITNESS: Yes. 15 MR. SHERMAN: I've got one follow-up 16 question. 17 FURTHER EXAMINATION BY MR. SHERMAN: 18 Q. Is RG-244 a qualified product with the 19 aerospace industry? 20 MR. SUNTAG: Objection; vague and ambiguous. 21 MR. CAINE: Assumes facts not in evidence; 22 might call for a legal or technical conclusion beyond 23 this witness's ability to answer. 24 THE WITNESS: Not to my knowledge. 25 BY MR. SHERMAN: DEPOSITION OF JOHN L. MYERS 199 UCAREF00013590 1 Q. Do you understand what a qualified product 2 is? 3 A. I assume it's something that the industry has 4 approved the use of a product. 5 Q. And based on that understanding, you don't 6 believe that it was qualified? 7 A. I'm not aware that it was qualified. 8 MR. SHERMAN: No further questions. 9 MR. VALEN: Just let me follow up on your 10 question. My name is Steve Valen. You stated just a 11 moment ago that you don't know if it was qualified, 12 but it's also true that you don't know if it's 13 qualified or not; you don't know one way or the other, 14 do you? 15 THE WITNESS: That's correct. I said I 16 didn't know whether or not it was qualified; I meant 17 to say that. 18 MR. VALEN: All right. Thank you. 19 MR. CAINE: Is that it? 20 MR. WAGNER: Let's end it. 21 (Discussion held off the record.) 22 MR. WAGNER: Go on the record. 23 In lieu of having the witness come in and 24 review and sign the original at the reporter's office 25 here, the agreement is on the record here that we'll DEPOSITION OF JOHN L. MYERS 200 UCAREF00013591 1 provide for having the original prepared and provided 2 to counsel for the witness here, who within 30 days of 3 having received that original transcript will provide 4 it to his client for review and signature in the 5 presence of a notary and -- - 6 MR. SUNTAG: Why not just under penalty of 7 perjury? 8 MR. WAGNER: That's fine, I'll accept that. 9 Under penalty of perjury and return it to the court 10 reporter within 30 days. 11 MR. SUNTAG: That's fine. 12 MR. WAGNER: Of the date that it was first 13 provided to you. 14 MR. SUNTAG: 30 days of the date I first 15 receive it. 16 MR. WAGNER: Then it will be returned to the 17 reporter. 18 MR. SUNTAG: Right. 19 (The deposition adjourned at 5:30 p.m.) 20 21 22 23 24 25 DEPOSITION OF JOHN L. MYERS 201 UCAREF00013592 1 **** 2 I hereby declare under penalty of perjury 3 that the foregoing is my deposition under oath in the 4 matter of AHRENDT, et a!., vs. ABEX CORORATION, et 5 al., San Francisco County Superior Court Nos. 953895, < 6 953830, 952346, 954768? 7 That these are the questions asked of me 8 and my answers thereto; that I have read my deposition 9 and have made the corrections, additions, and changes 10 to my answers that I deem necessary. 11 IN WITNESS THEREOF, I hereby subscribe my 12 name on thisday of, 13 1995. 14 15 16 17 18 JOHN L. MYERS 19 20 21 22 23 24 25 DEPOSITION OF JOHN L. MYERS 202 UCAREF00013593 1 STATE OF CALIFORNIA 2 COUNTY OF MONTEREY ) ) ss. ) 3 I, ALAN F. IRWIN, a Certified Shorthand Reporter, 4 License No. 4933, duly certified by the State of 5 California, do hereby certify: 6 That the foregoing deposition was taken before me 7 at the time and place therein set forth; 8 That the witness, JOHN L. MYERS, was by me first 9 duly sworn to testify to the truth, the whole truth, 10 and nothing but the truth, and that the testimony of 11 the witness and all objections made at the time of 12 examination were recorded by me stenographically and 13 were thereafter prepared into transcript form; 14 That the foregoing transcript is a true record of 15 the testimony given by the witness and all objections 16 made at the time of the examination, to the best of my 17 ability; 18 I further certify that I am a disinterested 19 person, and that I am in no way interested in the 20 outcome of said action. 21 DATED this 1st day of February, 1995. 22 23 24 Certified Shorthand Reporter State of California 25 DEPOSITION OF JOHN L. MYERS 203 UCAREF00013594