Document yrgLw0kN4JgnGE5bReJedpGq6

FILE NAME Kaiser Gypsum KG DATE 1999 Jan 19 DOC KG052 DOCUMENT DESCRIPTION Legal - Deposition of Brentwood Crosby |ta a4 * j fd _s an) J Ee on ht _ 4 al 8 ia A oo my if ry st my 1 ; \ ae a ot 3 _ ihe LH cal _ _ oo, j 4 3 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 2 IN AND FOR THE COUNTY OF KING 3 ew ewe ee ee eee ween e en eenenne and 4 JOHN E. CRUM MARILYN J. CRUM a married couple 5 - Plaintiffs 6 VS. ) ) } ) No. ) No. 98-2-24915-3SEA ). 7 THE E. J. BARTELLS COMPANY ) et al > - 8 ) 9 Defendants } TT art rete tcn ns sec neec ene cen enc en eee 10 Videotaped Deposition Upon Oral Examination 11 of 12 BRENTWOOD CROSBY 13 14 15 116 17 18 10:20 a.m. January 19 1999 1201 Third Avenue Seattle Washington Washington ; 19 20 21 22 23 : 24 Cheryl Macdonald CCR 25 Reporter Court License No. MACDOCA457LC 1 INDEX 2 3 4 EXAMINATION BY MR BERGMAN 5 .....cccccacsccesenscrevcoaeues PAGE 5 6 EXHIBITS MARKED 7 Exhibit Exhibit Nos 1 - 7 wcscsecccewenee scons pewenene Exhibit Exhibit No. 8 9 .... cs. e cece cece nce eeceeennene Kaiser Gypsum No. 1 -...-2.+.6. see aeees venecese 10 Gypsum ccc Kaiser 11 No. 2 2.. wc. enccweeeencece acoes PAGE 4 21 64 66 12 13 14 15 16 17 _. 18 =e 19 2 2 22 2 24 25 1 2 3 FOR THE PLAINTIFFS 4 5 6 7 FOR CCR DEFENDANTS 8 9 APPEARANCES MATTHEW BERGMAN MEG PAGELER Attorneys at Law Third Avenue Suite 5300 Seattle Washington 98101 : HENRY WINDER WEBB III Suite Pacific Attorneayt Law Avenue Suite Tacoma Washington 98401 ... 1 Marked Deposition Exhibits 1 - 7. 2 THE VIDEOGRAPHER My name is Keith Payne 3 My address is 2127 Second Avenue No. 305 Seattle Washington 4 Washington 98121. is My phone number is 206-233-1306 5 I'm the video specialist for Royal Video ProductiProductions ons principal business is 6 whose principal place of business is 950 Northwest 7 Firwood Boulevard Issaquah Washington 98027. Video's is 8 Video's phone number is 425-391-6809 Royal 9 . I'll be the operator of the video 10 FOR OWENS CORNING FIBERGLAS 12 13 FOR E. J. BARTELLS CO 14 15 RONALD C. GARDNER Attorney at Law Avenue SuSiutieteSixth Seattle Washington 98121 AttorAtnteoryneyZAKatRZEWLaSwKI Fifth 700Suite Avenue Seattle Washington 98104 10 equipment for videotaped 11 videotaped at the the deposition offices offices of of Brent Crosby being Weinstein Weinstein Weinstein and Bergman 12 1201 Third Avenue Seattle Washington The caption 13 of the case is John E. Crum and Marilyn J. Crum vs. - 14 The E. J. Bartells Company et al : 15 98-2-24915-3 SEA The case number is 16 FOR RAPID AMERICAN and W.R. GRACE 18 19 FOR KAISER GYPSUM : 20 21 . 22 and 23 24 . 25 ALSO PRESENT DEAN VALERIE BURNS at law Attorney Avenue 14Sui2te 0Suite Fifth Fifth Seattle Washington 98101 16 This videotaped deposition is being taken - plaintiffs 17 on behalf of the plaintiffs is Today's date is January 18 19 1999. The current time is approximately 10:22 KENNETH E. PETTY Attorney at Law 4100 Two Union Square 601 Union Street Seattle Washington 98101 19 a.m. Will the attorneys present please identify 20 themselves 21 MR BERGMAN Matthew Bergman for the PAUL J. GAMBA Attorney at Law 580 California Street 15th Floor San Francisco California California California Videographer KEITH PAYNE Videographer 22 plaintif plaintiff 23 plaintiff 24 plaintiff 94104 25 MS MR PAGELER Meg Pageler for the PETTY Kaiser Ken Petty for defendant Kaiser MOBURG & ASSOCIATES 622-3110 Pages 1 to CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 5 1 Gypsum Company 2 MR GAMBA And Paul Gamba on behalf of ~%. Kaiser Gypsum Company Inc. R MS ZAKRZEWSKI Cheryl Zakrzewski for E. w+ Bartells 6 MS BURNS Valerie Burns for Rapid 7 American and W. R. Grace 8 MR GARDNER Ron Gardner for Owens 9 Corning 10 MR WEBB Henry Webb for CCR 11 THE VIDEOGRAPHER Will the court reporter 12 please swear in the witness deposed 13 BRENTWOOD CROSBY witnesswitness herein herein having be n first 14 and said as follows 15 THE VIDEOGRAPHER You may begin 16 1 Q. And what branch of service was that 2 A. Well I started out here in Seattle with 3 the Army Transport Service and later I was in the 4 Merchant Marine and then in the Marine Corps reserve 5 Q. And what years were you in the Marine 6 Corps sir 7 A. Well let's see It was 1944 to '46 8 Q. During that time frame were you stationed 9 at any one part of the world 10 A. Basically the Southwest Pacific 11 Q. And did you participate in any campaigns 12 during that time 13 A. Yes 14 Q. And what campaigns were those sir 15 A. At Kwajalein Islands and the Marianas and 16 the Solomons 17 18 EXAMINATION 17 Q. Were those serious battles sir in the 18 history of the United States 19 BY MR BERGMAN 22222 A. Yes 20 Q. Could you please state your full name sir {| 22222 Q. Sir are you married 21 A. My full legal name 22222 A. Yes 22 Q. Yes sir 22222 Q. And what's your wife's name 23 A. Brentwood Fairchild Crosby 23 A. Mary Jean 24 Q. Mr. Crosby where do you live 2 Q. And how long have you and Mary Jean been 25 A. In Walnut Creek California 25 married 6 8 : Q. And have you always lived in Walnut Creek 1 A. 52 years 2 A. No. 2 Q. Sir could you trace for us the path that 3 odod Where did you grow up 3 your career followed after you were discharged from 4 A. I was born and raised in Seattle 5 Washington 6 Q. What part of Seattle 4 the armed forces 5 A. Well see I went to work for Urban Smythe 6 and Warren -- they're a mechanical contractor -- on 7 A. 8 Q. 9 A. 10 Q. 11 Seattle 12 A. West Seattle And where did you go to high school West Seattle High School Did you have any other education in Seattle University was Seattle College at 7 the Hanford project in Hanford Washington Then we 8 finished there came back to Tacoma and worked for 9 F. A. Urban Company which was one of the partners of 10 Urban Smythe and Warren And from Urban Smythe and 11 Warren I went to Automatic Sprinkler Corporation of 12 America 13 that time 13 We moved to Portland and in Portland I 14 Q. And does anybody in your family still live 14 worked for the Heinz- Company which was a mechanical 15 in Seattle 15 contractor And in 1959 I was contacted by Kaiser 16 A. My sister . 16 Gypsum Company and asked to come down to California 17 Q. And who are you staying with -- 17 to Oakland to have an interview In 1960 I joined 18 A. My sister in West Seattle 18 Kaiser Gypsum in Oakland 19 Q. Sir when did you leave Seattle 19 Q. And how long did you work from Kaiser 20 A. In about 1952 -- excuse me 1954 20 Gypsum after joining the organization in 1960 21 22 Q. And since leaving from time to time to visit Seattle have you come up } 21 A. Until 1978 when they were sold to Domtar 22 Gypsum Company and we went over to Domtar at that Lo A. re ; Q. 25 A. Quite often Sir have you ever served in the military Yes 23 time until 1989 24 Q. What positions did you hold in Kaiser 25 Gypsum between 1960 and 1978 sir Pages 5 to 8 DEAN MOBURG & ASSOCIATES 622-3110 wt \. oe SOEs mwencrySsNARES] BUGARIN OT CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 9 1 A. Well in 1960 I was hired as their 2 architectural representative 3 Q. And what does an architectural 4 representative do 5 A. Well his duties were to work with 6 architects and designers to integrate the Kaiser 7 Gypsum products into their specifications Then in 8 1962 I transferred over into sales in the East Bay in 9 Oakland 10 Q. And what were your responsibilities as a 11 salesman for Kaiser Gypsum in the East Bay area of 12 California 13 A. Was to sell material dealers and 14 distributors and to work with contractors on the 15 purchase of all Kaiser Gypsum products 16 Q. And what was the next position you held 17 with Kaiser Gypsum sir 18 A. I was a -- 1965 -- well see in 1963 I was 19 made an area manager and transferred to Sacramento 20 California In 1965 I was promoted to district 21 manager which encompassed all of the Central Valley 22 to Reno and Salt Lake City and southeastern Idaho 23 Q. As a district manager for the Kaiser Gypsum 24 company sir how many salesmen were you responsible 25 for supervising 11 1 Q. Is that in Oakland 2 A. In Oakland right 3 Q. And what is the Kaiser Center sir 4 A. Well the Kaiser Center was the home of the 5 Kaiser Industries and they had approximately 64 6 different companies represented in the building 7 Q. Sir I'm handing you what's been marked as 8 Exhibit , ask you whether you can identify that , 9 photograph 10 A. Well this is the Kaiser Center itself 11 This is Lake Merced right in front of it and that's 12 Lakeshore Drive right in front of it 13 Q. Could you show that to the videographer 14 A. Indicating) 15 Q. Where within the Kaiser Center sir was 16 Kaiser Gypsum Company located 17 A. Basically on the 25th floor and the 24th 18 floor Senior management was more or less on the 24th 19 floor 20 Q. And did you know -- in the course of your 21 work sir did you interact with senior management of 22 Kaiser Gypsum Company 23 A. Absolutely 24 Q. And during the majority of the time that = 25 you worked for that company who was the head man 10 1 A. 14 to 16 2 Q. And what was the next position you held 3 after serving as a district manager for Kaiser Gypsum 4 A. I was regional sales manager 5 Q. And as a regional sales manager sir what 6 was your territory 7 A. Well it was northern California northern 8 Nevada state of Utah southeastern Idaho Oregon and 9 Washington . 10 Q. And as regional sales manager for the 11 Kaiser Gypsum Company sir at that time how many 12 salesmen did you supervise 13 A. Close to 20. It varied but it was 14 probably average around 20 15 Q. During the time that you worked for Kaiser 16 Gypsum sir where was the majority of your time 17 spent And by that I mean where were you 18 headquartered during most of that time 19 A. Well in 1960 when I joined the company I 20 was headquartered in Oakland They had temporary 21 offices at 145 Grand Street in California Then in 22 1960 moved into the Kaiser Center when it opened 23 Q. And where is the Kaiser Center located 24 sir 25 A. It's located on Lakeshore Drive 12 1 in charge of the Kaiser Gypsum Company 2 A. Well Claude Harper was the president of 3 Kaiser Gypsum and when he left R. A. Costa Bob Costa . 4 became president and general manager 5 Q. During the course of your work at Kaiser 6 Gypsum sir did you have the occasion to interact 7 with Mr. Costa 8 A. Yes 9 Q. And what would be the occasions that would 10 cause you to interact with Mr. Costa 11 A. Well it would be during sales meetings 12 management meetings played quite a bit of golf 13 together 14 . Q. Sir I'm handing you what's been marked as 15 Exhibit 2 and I'm also putting a blow of Exhibit 2 16 on the easel Who were the individuals that are shown 17 in Exhibit 2 sir 18 A. Okay The fella to the left as I look at 19 it is Bob Costa Robert A. Costa and the fella that 20 he's shaking hands with is John Crum 21 Q. Sir I'm handing you this pointer 22 you please point to Mr. Costa for us please Could 23 A. This is Mr. Costa and this is Mr. Crum 24 indicating 25 Q. During an average work week sir how many DEAN MOBURG & ASSOCIATES 206 622-3110 Pages 9 to 12 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 13 13 1 times would you see Mr. Costa 2 : A. Well you wouldn't set it up on a weekly sis but to sit in meetings with him it would obably be about once a month , 5 Q. And how about socially sir How often 6 would you play golf with Mr. Costa 7 A. Oh three or four times a year 8 Q. Was Kaiser Gypsum Company a -- to your 9 knowledge and to your understanding sir was Kaiser 10 Gypsum Company associated with any other Kaiser 11 entity 12 MR PETTY Object to form of the question 13 Go ahead 14 A. 15 Cement Well we were a subsidiary of Kaiser 16 Q. And what was Kaiser Cement sir 17 A. Well they manufacture and distributed 18 cement products bulk and bagged on the Pacific 19 Coast 20 Q. And what kind of products in general did 21 Kaiser Gypsum manufacture 22 A. Well they -- in bag cement there's five 23 kinds of cement I think they manufactured and sold 24 two type 2 and type 5 cement 25 Q. Sir what was your understanding of the 15 1 representation in the Gypsum division 2 Q. And approximately when did that integration 3 take place sir 4 MR PETTY Object as to form Lacks 5 foundation 6 A. Best of my recollection I think it was 7 around 1970 8 Q. Sir during your -- as you served as a 9 regional manager and a district manager for Kaiser 10 Gypsum where was your office located 11 A. In the Kaiser Center 12 Q. And what floor was your office 13 A. On the 25th floor 14 Q. And how often in the course of a week would 15 you have to go down to the 24th floor to confer with 16 senior management 17 A. Well the support people production and 18 research had their offices on the 24th floor and it 19 was quite common for us to go down and talk to them 20 about different things but as far as fully integrated 21 meetings between division and regional sales with the 22 cement company it's probably about once a month 23 Q. Sir I'm handing you what's been marked as 24 Exhibit 3 which was previously identified in the 25 November 4 deposition of Joseph Hobby as Exhibit 4 relationship : 14 I relationship on a day basis between Kaiser 1 And I'll ask you to look at the first page and I just Gypsum and Kaiser Cement 3 , MR PETTY Object to the form of the 4 question have a general question for you sir Can you 3 identify the individuals that are listed on the first page of that chart Q. 5 have an clients of that 2 A. You can answer the question The lawyers obligation to object on behalf of their and the judge will decide later on the nature objection Could you repeat the question 10 10 Q. Certainly sir Let me rephrase the 5 A. Well right at the top is -- Q. Well just as a general question can you 7 identify those individuals A. Yes most of them g Exhibit >> Q. I'm going to now show you a blow of the 10 first page of 3 and I'm going to ask you some 11 11 question Did there come a time when Kaiser Gypsum 1111 questions now sir about specific individuals that 12 and Kaiser Cement became more closely intertwined than 12 are depicted on that document First I think you had 13 they were previously in the course of your employment 14 A. Yes 15 MR PETTY Objection as to form 13 previously identified a photograph of Mr. Costa 14 A. Right 15 Q. What were Mr. Costa's responsibilities at 16 Q. Can you describe the nature of this 17 interaction 16 Kaiser Gypsum ; 17 A. Well he was the general manager He 18 MR PETTY Same objection 18 worked very closely naturally with all his 19 A. Well as business slowed down we had 20 personnel that covered pretty much the same 19 presidents of the different divisions 20 Q. Next sir asking about Mr. Eshelman what 21 territories areas of responsibility as the cement |} 21 did he do in the organization eople So we -- it was at the suggestion of the 22 MR PETTY Object to the form of the ement company that some of the Gypsum people assume 24 responsibility for cement sales in specific areas and 25 some of the cement guys would assume sales 23 question Can I have a continuing objection all your 24 further examination on this chart or do you want me to 25 -- Pages 13 to 16 DEAN MOBURG & ASSOCIATES 206 622-3110 y } PA md wa . i4 teal cr ; - my . \ 24 | CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 MR BERGMAN 2 Ken that's fine Take a continuing objection 3 MR PETTY Thank you 4 A. Well Mr. Eshelman was more or less of an 19 1 A. Definitely 2 Q. And who was in charge of research and 3 development during most of the period that you worked 4 there 5 administrative manager for Bob Costa 6 Q. And how about Mr. R. Orzech 7 A. Orzech was an administrative assistant 8 Q. In the course of your duties at Kaiser 9 Gypsum sir did you ever have to interact with Mr. 10 J. W. Blewett 11 A. Yes 5 A. George Kirk 6 Q. And was there also an individual named Mr. H. C. Dupuis 8 A. Yes that's Harlan 9 Q. And what did Harlan Dupuis do 10 A. He was again administrative assistant 11 to Bob Costa 12 Q. And what did Mr. Blewett do at Kaiser 13 Gypsum 14 A. He was manager of special products and the 15 promotion of . 12 Q. And how about C. H. Schaper 13 A. That's Ernie Schaper He was 14 president of operations production 15 Q. And how about P. J. Franklin 16 Q. And how about Mr. B. W. Simpson sir 17 did he do 18 A. Mr. Simpson he was a controller 19 Q. And L. D. Olsen What | 16 17 ~~ A. Q. He was a president of production And finally A. Chavez 18 A. Oh Tony was more or less our manager of 19 our Mexican operations ... . 20 A. He was a manager of traffic and 21 transportation 22 Q. During the time that you were at Kaiser 23 Gypsum sir who was your immediate supervisor 20 Q. Sir if you could look for me on this 21 blow which is the first page of Exhibit 3 and 22 tell me if you would sir where the individuals who 23 are listed there were officed where their offices 24 MR PETTY Objection as to form 24 were located 25 particular part of his career you asked him about 25 A. Basically the 24th floor 18 20 provide - MR BERGMAN Yeah I understand 1 Q. Sir I ask you whether you could provide us 2 Q. During the time that you were a regional 3 manager at Kaiser Gypsum who was your immediate 4 supervisor 2 with diagram of the 24th floor of the Kaiser Center 3 indicating where each individual's office was located 4 understanding that your background is in sales not in 5 A. J. J. Hague James Hague 5 art . 6 Q. And what were Mr. Hague's responsibilities 6 A. Yeah that's right Well the Kaiser 7 at Kaiser Gypsum sir . 8 A. He was the -- in charge of sales and of the 9 sales regions districts as a sales -- *. 10 Q. And in an average work week sir how often 11 would you -- during the time you were a regional 12 manager how often would you interact with Mr. Hague 13 A. Probably about once a week 14 Q. Sir what did Mr. Crowle do or what did 7 8 9 | 10 11 12 13 14 Center was basically built in a crescent This would be a typical office floor for all 28 floors In this corner was Harper and then Costa and then Hague then Crowle and this is the conference room over here indicating Q. Could you just put a C on that for us sir A. Conference room And this is trailed off with administrative assistants and then offices down 15 R. C. Crowle do in the Kaiser organization 16 A. He was a merchandising manager 15 here indicating 16 Q. Do you recall where Mr. Franklin's office 17 Q. And as merchandising manager sir what was | 17 was located 18 his responsibility 18 A. I think he's right next to the conference 19 A. To list and promote different products 19 room here indicating 2 .. And in the course of your -- . 20 MR PETTY Counsel just for 2 A. And pass information and direction on down | 21 clarification do you have a particular time frame in 22 to sales 22 mind that we're talking about here 23 Q. In the course of your work at Kaiser 23 THE WITNESS Well this would be basically 24 Gypsum sir did you have the occasion to interact 24 1960 to about -- when we first moved in the building 25 with the research and development department 25 Claude Harper was in this corner Costa was here DEAN MOBURG & ASSOCIATES 206 622-3110 Pages 17 to 2 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 Then when Harper left Costa moved into the president's por office where he was president and general nager indicating } Q. And approximately -- well let's finish 5 that and then we'll elicit what general time frame 6 we're speaking with How about Mr. Dupuis sir 7 A. I think Harlan was right about here 8 indicating 9 Q. And finally sir what about Mr. -- well 10 did you know an individual named Mr. Kirk 11 A. George Kirk 12 Q. Yes 13 A. Oh yes definitely 14 Q. And where was Mr. Kirk's office located 15 A. 16 building Over in this area indicating the west of the , 17 Q. Could you just put a K approximately where 18 Mr. Kirk's office was located 19 A. Complying Complying 20 Q. Thank you very much Mr. Crosby I think 21 you can resume your seat I'm going to mark this 22 diagram as Exhibit 8 and will provide counsel with 23 copies of it at the first available opportunity 24 Marked Deposition Exhibit 8. -25 Q. You had drawn a conference room on Exhibit 1 2 3 match up MR BERGMAN Is it the third page MS ZAKRZEWSKI First page didn't even 4 MR PETTY Nothing that you passed out 5 Counsel matches the chart that you're now holding in 6 your hand 7 MR BERGMAN Why don't we correct that 8 then We'll take a very short break 9 THE VIDEOGRAPHER Off the record at 10:49 10 Recess 11 THE VIDEOGRAPHER On the record at 10:53 12 a.m. 13 MR BERGMAN I'm going to substitute the 14 Exhibit 3 that I had previously handed to Mr. Crosby 15 for the corrected version and am circulating it among 16 all defense counsel Apologize for the mix 17 MR PETTY So this is an entirely 18 different document than your prior Exhibit 3 19 MR BERGMAN Yeah . 20 THE VIDEOGRAPHER On the record at 10:53 21 Q. Mr. Crosby I'm putting a blow diagram 22 up on the easel which is a copy of the second page of 23 the substituted Exhibit 3. And what I would like you 24 to do for me sir is identify 11 well first of all 25 let me ask you can you identify most of the 22 24 1 - Mr. Crosby Did you ever attend meetings in that 1 individuals set forth on that document NM conference room 3 A. Definitely yeah 4 Q. Approximately how often did that occur 5 A. Well it would be between a 30 and day 6 period or whenever Bob Costa or Mr. Harper would call 7 for a special meeting we'd all go up there 8 on regular basis It wasn't 2 A. Yes ; 3 Q. Sir let me ask you first of all there's 4 an individual listed here B. Crosby 5 that is sir Do you know who 6 A. I hope so 7 Q. And who might that be 8 A. Me 9 Q. Do you know whether or not the senior 10 management that you've identified would meet more 9 Q. Sir if I could ask you to take this 10 pointer for us and identify all of the individuals who 11 frequently than every -- 11 are set forth on the second page of Exhibit 3 as well 12 A. Oh definitely 12 as what their responsibilities were and where they 13 MR PETTY Object to the form 13 were located 7 14 Q. And what is your understanding of how often | 14 MR PETTY 15 these meetings would take place based on your 15 lodge an objection -- Counsel before doing so may I 16 experience 16 MR BERGMAN Absolutely 17 MR PETTY Same objection 17 MR PETTY -- to the use of this document 18 A. It was just hard to say 18 without laying adequate foundation without any 19 Q. Sir I'd now like to turn your attention to | 19 indication or sense as to what time frame is involved 20 the second page of Exhibit 3 page entitled sales 20 here 21 and om I'm going to -- MR PETTY : We don't have one entitled 21 22 Counsel MR BERGMAN Your objection is well taken We're talking about the period 1970 to 1972 ales Counsel . 24 A. Research development and business 23 MR PETTY Well Counsel that's fine I 24 think that's testimony and foundation that needs to 25 development 25 come from a witness Pages 21 to 24 DEAN MOBURG & ASSOCIATES 206 622-3110 ce me 7 e i a | Fa & | | vay a n poeHisatiad CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 25 MR BERGMAN That's fine 3 Q. Mr. Crosby what was the general time frame that this diagram represents in terms of the structure of the sales force of the Kaiser Gypsum Company 5 question MR PETTY Object to the form of the A. 7 Well 1965 to 1970 I think it's pretty well set up for ~ 9 Q. And sir could you now point to each 10 individual on that document and indicate -- 10 11 A. This is Jim Hague indicating He 12 president of sales Frank Potts was his was the 13 administrative assistant Robert Laidlaw was the 14 administrative assistant not only to Mr. Hague but -- 15 Q. Now sir at the next level there are three 16 regional sales managers What were the three regions 17 that the company was -- the company sales efforts were 18 divided into 19 A. On this region 1 was by Tommy Donovan 20 Q. And what area was that 21 A. That was in southern California from 22 Bakersfield south over into Phoenix and Albuquerque and at a later date part of Mexico 24 Q. Then the next region sir 25 just take it by level Maybe we'll 1 A. This is Dick James He was in the greater 2 Seattle area This is Ed Millis He went east in 3 1965 as the district manager in the New Jersey 4 York area Jim Kelly he was district manager down in 5 Georgia Florida that area Sullivan was assistant 6 to him 7 Q. Let the record reflect that the witness was 8 just 9 Now testifying to the east if you would -- region of Kaiser Gypsum 10 MR PETTY Object to the form of the 11 question 12 Q. Now if you would sir could you identify 13 those individuals in the center section the northwest 14 Pacific region at the sales manager level that you 15 recall 16 A. Okay 17 Q. And what region they were working 18 A. I have a correction to make here This is 19 Jim Watson not Charlie Watson as regional sales 20 manager of the east 21 Q. Thank you sir Now if you could address 22 the Northwest Pacific region 23 A. This is Al Alessandri and he had district 24 managers under him Galen Thomas who was basically in 25 the Bay area Charlie Watson was district manager in 26 1 This Alessandri A. This is region 2. This is At Alessandri Q. And what area was region 2 encompassing 3 A. Region 2 encompassed northern California northern Nevada state of Utah southeastern Idaho 5 Oregon Washington Alaska Q. And was region 2 the region that you subsequently assumed for 7 responsibility A. Right and Alaska and Hawaii 9 Q. And finally sir the third region o 10 A. Region 3 was Charlie Watson He was 121111 regional manager of 12 Oregon Washington 13 Q. And sir Pacific Northwest Alaska of the individuals which would be listed at the 14 third level the sales manager level if you could for 15 us identify those who you remember and what region 16 they workeidn in the 1965 to 1972 time period A. Well this is Gordon Brown He was 18 basically in southern California down from LA down 19 into San Diego Asimos was over in New Mexico and 20 Phoenix New Mexico and Arizona Bob Olson was 21 LA area greater LA area on up to Bakersfield And 22 Bob Boltz was an area manager Worked directly under 23 Bob Olson 24 Q. And how about in the Northwest Pacific 25 region the second region 2 28 1 Seattle Wilf Torgeson was district manager in 2 Portland Myself I was district manager in eastern 3 California northern Nevada Utah and southeastern 4 Idaho Doug McClellan was an area manager that I used 5 in northern California and he assumed 6 responsibilities when I'd go east or over the 7 mountains 8 Q. Thank you sir I wanted to ask you some 9 questions now sir concerning the research and 10 development portion of Kaiser Gypsum In the course 11 of your duties as a district and regional sales 12 manager did you ever have the opportunity to interact 13 with the research and development staff 14 A. Yes 15 Q. What were the types of circumstances that 16 would cause you to interact with the research and 17 development personnel 18 A. Well if we'd have a product problem -- 19 what I mean by a product problem would be the 20 application of the product or the quality of the 21 product -- the salesman would write what they called 22 the customer problem report which would come to my 23 office would review sign off or initial and send to 24 the production department which would be at Antioch 25 in most cases DEAN MOBURG & ASSOCIATES 206 622-3110 Pages 25 to 2 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 Q. Sir I'm going to ask you some questions 2 now concerning the third page of the revised Exhibit 3 : derstanding that counsel has a standing objection on e +m use of said exhibit going to show on the And I'm going to pass easel a blow of the you or third 6 page of the revised Exhibit 3. And I'm just going to 7 ask you questions about a few of the individuals on ~ 8 that document 9 Could you please identify for us the 10 individuals toward the top of page 3 of Exhibit ? 11 A. Okay This is Harlan Dupuis 12 Q. And where was Mr. Dupuis office located 13 A. On the 24th floor of the Kaiser Center 14 Q. And now the next level 15 A. Okay This is George Kirk He was more or 16 less the manager of research and development and 17 product quality 18 Q. And how about Mr. Tillisch 19 A. Oh Paul Tillisch was product development 20 He was more the scientist type guy Paul right here 2 Q. And how about H. L. Weightman 22 A. Howard Weightman was -- he was the 23 specialist on the formulation and production of 24 accessory products 25 Q. And let me now ask you sir what are 31 1 production department they had to pretty well know 2 how the product worked and -- 3 Q. And did salesmen ever participate in any 4 demonstrations on the use and application of Kaiser 5 Gypsum accessory products 6 A. Yes 7 Q. And what were the occasions that sales 8 personnel would be required to participate in these 9 kind of demonstrations ; 10 A. Well as you're attempting to sell a 11 customer and to sell them on your product we'd donate 12 materials specific amounts for them to try in the 13 taping and the finishing compounds and the acoustical 14 spray spray or in radiant heat when we did . 15 demonstrations of how it was applied they would -- 16 Q. And would Kaiser Gypsum salesmen ever have , 17 to be present on job sites where Kaiser Gypsum 18 products were being used 19 A. Yes definitely 20 Q. And why was that sir 21 A. Well you constantly monitored your ~~. 22 products especially with a new customer to make sure 23 that they were using them right mixing them right and 24 so to get the best performance ... 25 Q. I'm going to ask you some questions now * Acessory products or what were accessory products 3 A. Well accessory products is your taping and finishing compounds spray radiant heat finishing 3 Q. What was spray sir A. spray is a simulated acoustic covering they put on ceilings It was formulated with basically with joint compound Styrofoam which gave 7 you the little lumps 9 Q. And what was radiant heat compound 10 10 A. Well in radiant heat when you installed 1111 it it was installed with a machine that ran on the 1212 floor And it had groovers up in the head of it and 13 13 you'd run that along the ceiling and as it would 14 groove the wallboard the radiant heat coil or cables 15 would go up and were embedded into the grooves 16 They'd go for a certain size room and take a certain 17 number of feet of radiant heat cable to push heat to 18 heat the room 19 Q. Sir were the Kaiser Gypsum sales people 20 that you supervised responsible for knowing the use 21 and application of Kaiser Gypsum accessory products a. A. Absolutely P Q. ~A A. And why was that sir Well if they had to monitor and write up 25 complaints and to call out the people from the 1 sir about three of the accessory products that are at 2 issue in this case 3 finish compounds The first category are joint and , 4 A. Well joint and finish compound came in two 5 different ways One was in a powder form and they 6 were in separate bags There was joint and finishing 7 bags pound bags and in the premix joint and 8 finish came gallon buckets 9 MR PETTY Object for the -- 10 A Four pound boxes 11 MR BERGMAN Object and move to strike the 12 response There was no question pending 13 Q. And can you tell us sir how the bagged 14 joint compound would be applied 15 A. Well normally what they do they take a 16 pound bag of joint and finishing compound put it 17 in a gallon bucket stir it and slowly add water 18 until it became -- it's like making a cake Until you 19 had a usable product and that's when the salesmen 20 really had to be present when they first started using 21 it to make sure they didn't over water it or 22 under water it 23 Q. What was the next step sir after the 24 joint compound or the finish compound had been mixed 25 A. Well with the powdered joint and finish Pages 29 to 32 DEAN MOBURG & ASSOCIATES 622-3110 ga 4. eng ey a, ~ EU EU ma ii ay a. is i fy fi +) a : CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 compound it would be mixed in these gallon 33 2 buckets in the field then taken from the gallon 3 buckets put in a tray and with a blade a finishing 4 knife or a taping knife the applicator would scoop 5 it out run it along the seams and the joints and they 6 would -- 7 Q. What was the next step then 8 A. They'd let it dry and then they'd sand it 1 bag and it would be dumped into a mixer like a 35 2 cement mixer and watered and agitated until it gets to 3 a certain consistency and then shot through a hose to 4 a gun And the applicator would through a lever 5 would control the quantity of spray that would come 6 out the end of the gun It would be pumped pumped 7 from the tank through the hose and out the gun and 8 sprayed on the ceiling 9 with -- usually with a stick sander It was a long 9 Q. And was any dust created during -- any time 10 pole with about a eight inch piece of 10 during this process 11 sandpaper attached to a blade on it and they would 11 MR PETTY Object to the form of the 12 just sand the ceiling or sand the walls 12 question leading 13 Q. Sir can you tell me what if anything 14 would happen when the Kaiser Gypsum joint compound or 13 A. If there was dust it would probably be when 14 they were dumping it in the mixer 15 finish compound would be mixed in a bucket 15 Q. And finally sir if you could describe the 16 A. Well you start out with a dry powder and 17 then as I say slowly add water and bring it up to 16 use and application of the radiant heat compound 17 A. Okay Radiant heat compound came in bags 18 where it's in a soluble condition so it could be 18 It was mixed pretty much the same as taping and 19 handled and spread 19 finishing compound Then it was troweled on the 20 Q. Can you tell me whether or not any dust 20 ceiling over these embedded cables that were put into 21 would be created when that process was being 21 the ceiling electric cables and then to -- to unify 22 undertaken 22 the ceiling without lumps or bumps they would sand it 23 24 question MR PETTY Object to form leading It's been asked and answered 23 MR PETTY Just to interpose an objection 24 this is not a product that was identified by Mr. Crum 25 Q. Let me rephrase the question sir What if | 25 or that's at issue in this case at least on the ae 34 1 anything would occur when the bagged Kaiser Gypsum 1 current record 36 2 joint compound would be poured into the bucket 3 MR PETTY Object to form leading 4 A. Well you'd open the pound bag slowly 5 pour it into the gallon bucket and then proceed 6 from there where I just mentioned until you blended 7 it into a workable solution 8 Q. Can you tell me whether or not any dust was 9 created by that process . 10 MR PETTY Same objection This whole 11 line of questioning has become quite leading 2 Q. Well let's turn our attention now to Mr. 3 Crum since it's been brought up and let me ask you 4 sir some questions about some of the work that Mr. 5 Crum did for Kaiser Gypsum 6 A. Well I hired John personally -- 7 Q. I have to ask a question 8 A. I thought you'd asked the question 9 Q. Well I kind of introduced it How did it 10 come to be that Mr. 11 first of all Crum -- do you know John Crum 12 A. Well there could be dust yeah When 13 you're handling a dry product start stirring it 14 around or pouring it out of the bag yeah there could 15 be dust 16 Q. And sir can you tell me whether or not any 17 dust 18 was created when MR PETTY dried joint compound was sanded Same objection leading 19 A. Yeah definitely Stuff would just float 20 down in the air 21 Q. Let me ask you now sir about the 22 application of spray sir How was spray mixed 23 and applied applied 24 A. Well spray was -- came in a larger 25 container larger bag I think usually a pound 12 A. Definitely 13 | 14 Q. ' A. 15 company And how did you first meet Mr. Crum As an applicant for a position with the | 16 | 17 D And approximately when was that sir A. Either 1964 or 1965 18 Q. And did you hire Mr. Crum 19 A. I recommended he be hired yes 20 Q. And what did Mr. Crum do for Kaiser Gypsum 21 What position was he hired for 22 A. He was hired as a sales territory salesman 23 in the Reno area which encompassed most of northern 24 Nevada and part of eastern California into the Lake 25 Tahoe area and Tahoe City DEAN MOBURG & ASSOCIATES 622-3110 Pages 33 to 36 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY . 1 Q. And what were some of Mr. Crum's 3737 1 compound 39 2 responsibilities as a salesman for Kaiser Gypsum 2 Q. Sir did you ever go to any job sites with ) A. Well he sold a full product line They're 3 Mr. Crum during the course of your supervision of his hat we call dealer salesmen That's your entry level 5 as a dealer salesman They sold wallboard accessory 4 work 5 A. Yes line SES. 6 products full product Firtex which was ou 7 softboard material Firtex is acoustical tile 6 Q. And what job sites do you recall going to 7 A. Well there was -- he had a myriad of jobs 8 building boards sheeting 8 He had some commercial work in Reno Nevada which aa 9 10 Mr. Q. Well let Crum sell Kaiser me now ask you specifically Gypsum joint compound did 9 means high rises or commercial type buildings Local 10 taping and finishing contractors again dealers and 11 A. Definitely 11 distributors 12 Q. And did Mr. Crum sell Kaiser Gypsum finish 12 13 compound 13 Q. And why was it -- MR PETTY Move to strike the 14 A. Yes 14 nonresponsive 15 Q. And did Mr. Crum sell Kaiser Gypsum 15 Q. Why would Mr. Crum or do you know why Mr. ST 16 spray , 16 Crum would go on to job sites where Kaiser Gypsum 17 A. Yes 17 products were being used 18 19 heat Q. And did Mr. compound Crum sell Kaiser Gypsum radiant 20 A. Yes 18 A. Well we sold under the basis of product 19 quality and service and part of the service was to 20 make sure that the field people that worked for the 21 22 question MR PETTY Object to the form of the 21 subcontractors handled the products in a precise 22 manner 23 Q. Sir what were some of Mr. Crum's 23 Q. And sir what were some of the major e 24 responsibilities as a Kaiser Gypsum salesman 25 A. Well it was to create sales through 24 commercial projects that Mr. Crum sold Kaiser Gypsum 25 products to to the best of your recollection 4? : 38 . dealers or distributors or direct sales to Gypsum 2 drywall contractors dealers and distributors 3 Q. Did Mr. Crum have any responsibility to 4 conduct demonstrations of Kaiser Gypsum products 5 A. Yes as all Kaiser Gypsum salesmen did 6 Q. And what 7 Crum demonstrated were some of the products that Mr. 8 9 question MR PETTY Object to the form of the 10 Q. Do you know what kinds of products Mr. Crum 11 demonstrated 12 A. 13 heat finishing compound spray radiant 14 MR PETTY 15 foundation Go ahead Same objection lacks 16 Q. In the course of your duties your 17 supervision of Mr. Crum did you ever go out to his 18 sales area 19 A. Yes 22 Q. And did you ever participate in any 22 demonstrations with Mr. oo: A. Yes ; Crum participate Q. And what kind of products did you participate in demonstrating with Mr. Crum 25 A. Taping and finishing and radiant heat 40 1 MR PETTY Object to the form of the 2 question Lacks foundation ; 3 Q. Well let me respond to that objection 4 which was well taken Was Mr. Crum -- would Mr. Crum 5 keep you apprised of his sales activities 6 A. Definitely 7 Q. And was there competition for major 8 construction work in Reno 9 A. Very strong 10 Q. And when a major job would be awarded would 11 that be something that you would be notified of 12 A. Yes . 13 Q. What were some of the major construction 14 projects that you recall Kaiser Gypsum supplying 15 products to in the Reno area 16 17 hearsay MR PETTY Go ahead Object to form Calls for , 18 A. Well we had put all the board and 19 accessories on the MGM casino and Harrah's casino we 20 had jobs there Harold's club and a large volume to 21 residential They would be all over the area 22 wherever they were building a project the tract 23 Q. And did you personally visit any of those 24 job sites sir 25 A. Yes Pages 37 to 40 DEAN MOBURG & ASSOCIATES 622-3110 Re yo a 5 } my " ey | . - CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 Q. 2 visit 41 And what job sites did you personally 3 A. Well commercial and the residential both 4 Q. Sir was John Crum an effective salesman 5 for Kaiser Gypsum products 6 A. He was a very very effective salesman 7 He was what in the trade you'd call a salesman's 8 salesman or a customer salesman 9 Q. And in your experience and in your 10 supervision of Mr. Crum what made him so effective 1 work on the houses that Mr. 2 know Crum constructed if you 3 MR PETTY 4 Lacks foundation Object to form of the question 5 A. Well when he first got going John and his 6 son more or less did the hanging of the board taping 7 texturing themselves and then as he went on in the 8 business built some bigger places his own home for 9 example he would hire that done by local contractors 10 that he knew 11 A. Honesty integrity and he was just on the 11 Q. And sir do you know what drywall products 12 job when he was supposed to be fulfilled all our 13 requirements of obtaining customers and the sale of 12 Mr. Crum used when he was doing his own taping and 13 drywall work 14 the products 14 MR PETTY Object to the form of the 15 Q. Did Mr. Crum receive any awards from Kaiser | 15 question 16 Gypsum for his sales activities 16 A. Lacks foundation Well he would use Gypsum wallboard then 17 A. Well this is an indication here 17 tape and texture and apply acoustics where necessary 18 indicating Q. That's -- you're pointing to Exhibit ? 20 A. Exhibit 2. That's when John was receiving 18 Q. And where would he get his supplies if you 19 know Let me ask 20 his supplies you do you know where he would get _ 21 the salesman of the year for district 2 21 A. From one of his distributors 22 Q. And were you present at the ceremony when . 23 he was given this award NNN A. Right 22 Q. And do you know what brand of drywall 23 joint compound and finish compound he used on these 24 houses 25 Q. I now want to ask you some questions sir 25 A. Kaiser . Q 7 23 23 f i: L L a . | 42 concerning did 1 concerning some of the other work that Mr. Crum did 1 MR PETTY Object Object to the form of the 2 when he wasn't selling Kaiser Gypsum products And I 3 guess my question to you sir is did Mr. Crum -- you 4 testified extensively that Mr. Crum sold Kaiser Gypsum 2 question 3 Q. 4 A. Lacks foundation I'm sorry sir what was your answer Kaiser 5 products Do you know whether or not Mr. Crum used 5 Q. Thank you Do you want to take a short 6 Kaiser Gypsum products 6 break 7 A. He used them personally 8 Q. And how was that sir 7 - A. 8 Yeah I'd like to THE VIDEOGRAPHER Off the record at 11:23 9 A. Well John built some spec houses in Washoe 9 10 Lake Nevada which is between Reno and Carson City 10 - ) Recess THE VIDEOGRAPHER On the record at 11:40 11 MR PETTY Counsel can I just interpose 11 Q. Mr. Crosby at the time that John Crum was 12 an objection to lack of foundation 12 working for you selling Kaiser Gypsum joint and finish 13 Q. Go ahead 13 compounds were you aware that those products 14 MR PETTY Go ahead 14 contained asbestos \ 15 A. It was done with my full knowledge because | 15 A. No. 16 John was the type of guy that if he wanted to do some 16 Q. Did there come a time sir when you had 17 work on one of these houses he'd be out there at 3:30 18 4:00 in the morning and be ready to go to work on his 17 any concerns regarding potential asbestos content in 18 Kaiser Gypsum products 19 normal sales jobs normally by 8 8:30 in the morning 19 A. Yes 20 work all day and then work evenings 20 Q. Sir can you describe approximately whert 21 22 Q. First of all how do you know constructed houses on the side that Mr. Crum | 21 22 that was A. that those concerns developed Probably the late 60s '69 to '70 yeah N A. Well I visited most of his units when I'd 24 be up there working with him 25 Q. And who would do the taping and drywall 23 Q. And can you describe what caused you to be 24 concerned about asbestos in Kaiser Gypsum products 25 A. Well we had customers and contractors and DEAN MOBURG & ASSOCIATES 206 622-3110 Pages 41 to 4 a CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 45 1 applicators that asked us outright if we had asbestos in our products and I wasn't knowledgeable of any " stos 3 Q. those And what if anything did you do in response 5 to those customer inquiries 6 A. I think in about 1970 I want to George 7 Kirk ; 8 Q. And who was Mr. Kirk sir 9 A. He was the administrator of manufacturing 10 in northern California well I think for the whole 11 company but in our area 12 Q. Did you speak to Mr. Kirk sir 13 A. I talked to George and I said George I'm 14 getting questions from customers and do we have any 15 asbestos in our products 16 Q. 17 sir And where did this conversation take place 18 A. In the Kaiser Center on the 24th floor 19 Q. And approximately how far was Mr. Kirk's 20 office from Mr. Costa's office 21 A_ Well probably 100 150 feet 22 Q. And what if anything did Mr. Kirk tell you 23 in response to your inquiries concerning the presence 24 of asbestos in Kaiser Gypsum products 25 MR PETTY Object to form calls for 1 A. No we don't have any accessories 47 in our 2 any asbestos in our accessories 3 Q. After you were told by Mr. Kirk and Mr. 4 Raffaelli that there was no asbestos in Kaiser 5 Gypsum's products what if anything did you do 6 A. Well at that point it was just about the 7 time we had a district sales meeting coming up So at 8 the sales meeting question came to me from some of the 9 salesmen do we have asbestos in our products and I 10 said to my knowledge no I checked with George Kirk 11 and with Al Raffaelli 12 Q. What was the general reaction of your sales 13 staff upon learning that no asbestos was contained in 14 Kaiser Gypsum products 15 MR PETTY Object to form Can we try to 16 slow down the questions and then the answers 17 MR BERGMAN I'll finish my question 18 you'll object then we'll go on 19 MR PETTY Yes , 20 MR BERGMAN So let me try again with my 21 question 22 Q. What was the reaction of your sales staff 23 when you told them that there was no asbestos in 24 Kaiser Gypsum products 25 MR PETTY Objection calls for hearsay \ 46 1. ursay 2 Q. What did Mr. 3 that inquiry Kirk tell you in response to 4 MR PETTY Same objection 5 ... We did not have asbestos in our products 10 Q. I don't understand sir 7 A. In our accessory products 8 " What did Mr. Kirk tell you 0 A. When I asked him -- 10 MR PETTY Same objection 11 A. I asked him if we had asbestos in our 12 products because we had had inquiries from our 13 customers and he said no So then I went to Al 14 Raffaelli who was the accessory specialist in the 15 manufacturing of accessories at Antioch and -- 16 Q. 17 A. 18 Q. 19 A. 20 Q. 21 A. Che_stos Q. L 24 25 hearsay Where did that conversation take place At Antioch at his laboratory And approximately when It was 1970 I think did that take place And what did you say to Mr. Raffaelli I asked him I said Al is there any in our accessory products And what did Mr. Raffaelli say to you MR PETTY Object to form calls for 48 - | A. Relieved 2 Q. And why was that sir to the best of your 3 knowledge 4 A. Well because if you -- 5 MR PETTY 6 Calls for speculation Objection lacks foundation 7 A. If you had asbestos in your product it 8 would be negative towards sales and 9 9. Did you have any discussions with John Crum 10 concerning presence of asbestos in Kaiser Gypsum 11 products 12 A. He attended the meetings the meeting that 13 we discussed that ; 14 Q. And what if anything did you tell John Crum 15 concerning the presence of asbestos in Kaiser Gypsum 16 products 17 A. That according to the research and 18 development department the manufacturing we did not 19 have accessory -- asbestos in our accessories 20 Q. And what was John Crum's reaction upon 21 learning this information 22 23 hearsay MR PETTY Object to form Calls for 24 A. Relief 25 Q. Can you be a little more specific Pages 45 to 48 DEAN MOBURG & ASSOCIATES 206 622-3110 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 MR PETTY Objection to the form 2 for hearsay and speculation Calls 3 A. Relief insomuch as -- 4 Q. Let me rephrase the question for you Mr. 5 Crosby and understanding that counsel has a standing 6 objection What did Mr. Crum tell you after you told 7 him that there was no asbestos in Kaiser Gypsum 8 products 1 Q. Mr. Flicker was on the 24th floor 51 2 A- I think he was there and at Antioch 3 Q. Now if you could just go down the 4 individuals we just have initials there if you could 5 tell us who they are and what they did for the 6 company to the extent that you know 7 A. This is Robert Allgood He was the plant | 9 A. Well that he would go to his customers and 10 tell them that we did not have asbestos in our 11 products 8 manager of the Antioch plant And Caprye I think he 9 was involved with the Seattle plant Jack Cassidy was 10 the manager of our Firtex plant in St. Helen's Oregon 12 Q. Mr. Crosby I'm going to hand you what's 13 been marked as Plaintiff's Exhibit No. 4. And I'm 11 where we made softboard products 12 was back east I think Dicks was 13 recognize this one Chambers I back east think I don't 14 going to put on the easel a blow of page 1 of 14 15 Exhibit 4. When was the first time sir that you saw | 15 Q. That's Mr. Homan A. Mr. Homan 16 Exhibit 4 this document 17 A. Oh I think it was probably about three to 18 four months ago 19 Q. And prior to seeing Exhibit 4 did you have whether | 20 any knowledge as to or not asbestos was 21 contained in Kaiser Gypsum products 16 Q. Okay 17 A. Modaff I think was at St. Helens P. D. 18 Orleman was -- he replaced Bob Allgood as the manager 19 of the Antioch plant This one I don't recognize 20 indicating What's that boo Q. Traub 22 A. No. 23 24 what Q. was What was your -- your understanding prior to viewing Exhibit 4 as to whether or not 2 A. | 3 Jim -- J. 24 Walton Traub I think he was east coast This is H. Walton indicating I don't really know 25 asbestos was present in Kaiser Gypsum products 1 This is Richard Wiborn indicating He 1 A. 50 Well as I had stated the proper people in 2 my mind said we didn't and so I took it at face 3 value This letter was shown to me by counsel from 4 San Francisco at my home in Walnut Creek 5 Q. Sir I'm going to ask you some questions 6 about Exhibit 4. And what I'd like you to do sir is 7 if you could stand and take the pointer and I'm going 8 to ask you to identify the individuals identified in 9 that or named in that 1965 document starting with La 10 R. Flicker on the right 11 MR PETTY Counsel can I just clarify 12 what is Exhibit 4 Is it a one page that's up there 13 on the chart or is it multiple pages 14 MR BERGMAN The document on the 14 the 15 chart is the first page of Exhibit 4. The exhibit for | 16 purposes of this deposition is the entire document 17 My inquiry is going to be restricted to the first 18 page 19 MR PETTY Thank you 20 Q. Sir first of all could you tell us who L. R. Flicker is 2 A. 23 . engineer 3 Q. 4 A. Leonard Flicker in my mind was our safety | And where did Mr. Flicker work Out of the Kaiser Center on the 24th floor | 1 was -- what did Dick do 52 At that time in 1965 I don't 2 know what Wiborn was attached to at that time 3 And then this is Sam Witt indicating 4 Samuel Witt 5 Beach plant he was the plant manager of the Long Paul Franklin was president of 6 production George Kirk was our research director 7 Q. And sir was the George Kirk on Exhibit 4 8 -- excuse me -- yeah Exhibit 4 -- the same George 9 Kirk that you spoke to in 1970 -- 10 A. Right 11 Q. -- who told you there was no asbestos in 12 Kaiser Gypsum products 13 A. - , 14 15 question Right MR PETTY Object to the form of the 16 Q. = And how about C. C. Reilly sir 17 A. J. C. Reilly he was an attorney with the 18 corporation 19 Q. 20 A. 21 There was Where was Mr. Reilly's office located sir On the 24th floor of the Kaiser " Center Ernie Schaper Ernie Schaper was -- he was 22 the president of production Part of St. Helen's 23 plant part of Seattle plant the Antioch plant 24 Q. Well thank you Mr. Reilly Okay Mr. 25 Crosby you can sit down if you choose I next want DEAN MOBURG & ASSOCIATES 206 622-3110 Pages 49 to 5 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 to show you Exhibit 5. I just want to ask you to 2 identify a few of the people on Exhibit 5. Who is oo, C. Dupuis 4 A. Harlan Dupuis was more or less administrative assistant Bob Costa 1 product quality and service We'd talk about the 2 products quality of the products and the service 3 that we could give to the customer if he would buy our 4 products 5 Q. If there had been a hazard associated with 6 Q. And how about H. L. Weightman 6 a Kaiser Gypsum product would that have been 7 A- Howard was -- Howard Weightman was at the 7 something that you think you would have been 8 Antioch plant as a research developer Tom Smith was 9 a chemist that worked on formulation of Gypsum 10 products 8 responsible for knowing about 9 MR PETTY Object to form of the question 10 A. I should have because we were getting 11 Q. And how about A. F. Raffaelli 11 direct questions from our customers 12 A. That's Al Raffaelli He worked in the 12 Q. Well sir -- 13 research 13 MR PETTY Object Move to strike the 14 Q. And is that the same Al Raffaelli that you 14 nonresponsive portions of the answer 15 had spoken to the year before 16 A. Right at the Antioch plant 15 Q. ~- I'm going to refer to Exhibit 6 which 16 is Kaiser Gypsum's sworn answers to interrogatories in 17 Q. Sir I'd now like to ask you a few 17 the Pickner case and I'm going to refer I'm going to 18 questions about -- like to ask you some stuff about 18 read Kaiser Gypsum's sworn response under oath to 19 just your general work at Kaiser Gypsum Beginning at | 19 interrogatory No. 6. Kaiser Gypsum states under oath 20 the time you were a district sales representative can | 20 that Beginning in 1972 Kaiser Gypsum affixed caution 21 you tell me whether or not you would have been 21 labels to the packages and containers of its 22 considered in upper management 22 containing products The warning label as 23 A. Middle management 23 prescribed by OSHA read CAUTION Contains 24 Q. And while you were working in middle 24 asbestos fibers avoid creating dust breathing 25 management did you have to interact with production 25 asbestos dust may cause serious bodily harm * eople : 2 A. Yes 54 1 56 Mr. Crosby between 1972 and 1978 were you 2 aware of any warnings on the containers of Kaiser 3 Q. And was one of your jobs to be aware of 4 potential problems of Kaiser Gypsum products , 5 A. Yes 6 7 Leading MR PETTY Object to form of the question | 8 Q. And did you have any responsibility 9 concerning product defects 10 A. Yes 11 Q. 12 been And what responsibility would that have 3 Gypsum asbestos products that breathing asbestos could 4 cause asbestosis 5 MR PETTY 6 Lacks foundation Object to form of the question 7 A. Not that there was asbestos in our product 8 Q. Are you aware of any warnings on Kaiser 9 Gypsum products that breathing asbestos could cause , 10 lung cancer 11 MR PETTY Object to form Lacks 12 foundation 13 A. Well if there was a product problem or 13 A. No. 14 assumed problem by a contractor or a customer it went | 14 Q. Are you aware of any warnings on Kaiser 15 directly to the salesman Then the salesman would 15 Gypsum products that breathing asbestos could cause 16 write what we call a customer problem report which 16 mesothelioma 17 would be transmitted directly to my office I'd 17 18 review it initial it and send it back to the plant 18 MR PETTY Same objection A. No. 19 for an answer . 19 Q. Sir between 1972 and 1978 approximately 20 Q. Did you also have any responsibility for 20 how many bags of Kaiser Gypsum product -- Kaiser 21 communicating product information to customers 21 Gypsum joint or finish compound were sold by you or RS wos? A. Yes 22 under your supervision , nthe A Q. And what was the nature of that 23 MR PETTY Object to the form Lacks esponsibility esponsibility sir 24 foundation . 25 A. Well well again which was our theme was { 25 A. I'd say approximately 250,000 Pages 53 to 56 DEAN MOBURG & ASSOCIATES 622-3110 - a 5 \, ao ioe m oy od 4 a | pa D DD D i, : / fe . ry - ie : , \ f - ;; id CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 Q. And did you see a warning on any of those 1 of this case 59 2 bags of Kaiser Gypsum products 2 A. No. 3 MR PETTY 4 foundation Object to form Lacks 5 A. Not to my knowledge 6 Q. Did you see a warning on any of the bags or 3 Q. 4 subpoena 5 A. Are you testifying here pursuant to a Yes 6 Q. And other than reimbursement for your 7 Kaiser Gypsum products that were sold under your 8 auspices that breathing asbestos could cause a hazard 9 to human health health 7 transportation expenses are you receiving any 8 compensation for your testimony here today g A. No. 10 MR PETTY Same objection 10 Q. Have you had any discussions with Kaiser 11 A. Not to my knowledge or memory 11 Gypsum's lawyers concerning your testimony in this 12 Q. Are you aware of any oral warnings that 12 Lawsuit 13 were given to Kaiser -- given to any of your customers | 13 A. Yes 14 concerning dangers associated with asbestos that was 14 Q. And can you relate for us the time the 15 contained in Kaiser Gypsum products , 16 A. No. 15 place and the nature of those conversations 3832G A. Well -- 17 MR PETTY Object to form lack of 3832G MR PETTY I'm going to object to the 18 foundation 18 extent it calls for hearsay 19 A. No. 3832G Q. You can go ahead and answer |} 20 Q. Sir I'm handing you what's been marked as 20 A. I met with this gentleman right here first 21 Exhibit 7 Sir prior to this deposition have you 21 at my house in Walnut Creek California talked to him 22 ever seen the text of the warning contained in Exhibit | 22 on the phone prior to that Then at a later date 23 ? 23 which was about three weeks ago I met with him and 23 A. Not to my knowledge 24 his employer Gabrielle at my house in Walnut Creek 25 Q. Are you aware of -- are you aware of any 25 .. Was that Gabrielle Jackson sir 58 60 1 discussions among senior Kaiser Gypsum management that 1 A. Yes 2 warnings needed to be placed on Kaiser Gypsum's 3 containing products 4 A. No not to my knowledge 5 Q. Sir during the time that you worked for 6 Kaiser Gypsum did you consider yourself to be a loyal 7 employee 8 A. Absolutely 9 MR PETTY Objection leading *** 2 Q. And what did Kaiser Gypsum's attorney say 3 to you during the course of that meeting at your home 4 approximately three weeks ago 5 6 hearsay MR PETTY Object to form Calls for 7 A. Pretty much the same questions I've been 8 asked today Gave the same answers 9 . MR PETTY Object and move to strike the 10 Q. And today sir -- what was the feeling that | 10 nonresponsive portions of his answer 11 you had toward Kaiser Gypsum at the time that your 11 Q. Did you have any discussions with Kaiser 12 employment for that company came to the end 12 Gypsum's -- did Kaiser Gypsum's lawyer mention 13 A. Well it was best company I ever worked 14 for We were very upset that they sold the company 15 Domtar of Canada to | 13 anything 14 company 15 to you concerning your loyalty MR PETTY Object to form to the Leading calls 16 Q. And as you look back over the years that 17 you spent with Kaiser Gypsum the 18 years that you 16 for hearsay ; 17 A. Well he asked me if I was a dedicated 18 spent with Kaiser Gypsum how do you feel about that 18 employee enjoyed my employment which I answered both 19 portion of your life 19 positively 2 MR PETTY Object to form 2 Q. And do you still feel that today sir 2 A. Very good 2 A. Absolutely 2 Q. Are you a party to this lawsuit sir John 2 MR BERGMAN Those are the only questions 23 Crum's lawsuit 23 that I have 24 A. No. 24 MR PETTY You're resting your direct 25 Q. And do you have any interest in the outcome | 25 examination DEAN MOBURG & ASSOCIATES (206)622-3110 (206)622-3110 Pages 57 to 6 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY of MR BERGMAN For now 61 1 MR BERGMAN Plaintiffs take the position 2 MR PETTY Well it's either you are or 2 that this deposition has been noted for three weeks see Qu're not Does this complete your direction 3 There have been numerous discussions as to the time of Namination ae Namination videotape of Mr. Crosby 4 this deposition This deposition was rescheduled ^' +7 MR BERGMAN Yes it does 5 several times to accommodate the schedule of defense 6 MR PETTY At this time we'll take a lunch 6 counsel We will take the position that Kaiser Gypsum 7 break and come back at what 1:30 1:15 7 has waived any examination that they may choose 7 8 MR BERGMAN 1:15 8 to take or they may have had the opportunity to take 9 MR PETTY Fine 9 in this deposition and that will be our position 10 THE VIDEOGRAPHER Off the record at 12:03 10 MR PETTY And that is of course a 11 Recess 11 different position than you conveyed to me in our 12 MR PETTY This is Ken Petty for Kaiser 12 discussions before we came in here 13 Gypsum Company Before we resumed earlier today I 14 talked to Mr. Bergman about a bit of a dilemma we're 13 MR BERGMAN I conveyed to you that you 14 should go as far as you can and we'd see where things 15 in We have pending discovery interrogatories to the 15 ended up I didn't realize that you were going to not 16 plaintiffs which have not been supplemented Much of 17 the information that I've heard here today for the 18 first time is information I believe we were entitled 19 to in supplemental discovery responses Much of it is 20 also at odds with historical information that is not 21 currently at my disposal and as a result I'm not in 16 do anything today and I felt like at the conclusion 17 of a examination today as this is no different 18 than any other deposition in any other case we could 19 at that point better assess where we'd go from here 20 but we are obviously of different opinions at this 21 juncture 22 position to proceed at this moment with Mr. Crosby's 23 videotaped perpetuation deposition 24 I raised this with Mr. Bergman It would 25 be our position that we will proceed with our x 22 MR PETTY At this point I want the record 23 to reflect the language verbatim in plaintiff's 24 amended notice of videotaped deposition for Mr. 25 Crosby It states part The said videotaped ideotaped examination at a future date and time 1 deposition to be subject to continuance or adjournment 2 to be agreed upon And is that more or less what we discussed Mr. Bergman and agreeable to you 4 MR BERGMAN Well I had understood that 2 from time to time or place to place until completed 3 Nowhere in this notice does it say there was any 4 necessity that this deposition be completed today or 5 you were going to proceed this afternoon as far as you are able and at that point we would address the issue 5 that it be completed here in Seattle 6 In addition if you wish I can make a 7 as to what additional examination would be necessary MR PETTY What I conveyed to you is that 7 record and append to the stenographic record the 8 discovery responses that we have received from 9 that was a possibility Since this is a videotaped 10 deposition and will in fact serve as our trial record 11 think any trial lawyer would not proceed without 9 plaintiff I think I would like to do that if you 10 have a copy Ask the court reporter to mark this as 11 Kaiser Gypsum . 12 being prepared to do the full examination and have 13 whatever documents or depo transcripts or affidavits 12 13 1. Marked Deposition Exhibit Kaiser Gypsum 14 might be necessary to conduct that examination If I 14 MR PETTY And for the record the document 15 were to proceed today more or less treating this as a 16 discovery deposition then you're putting me in 17 position where at trial I may have to cut and paste 18 pieces of the video together Just as you had the 19 opportunity to present your trial examination of Mr. 20 Crosby in a continuous organized fashion the way you 15 that's been marked as Kaiser Gypsum Exhibit 1 is a 16 copy of the set of interrogatories and requests for 17 production propounded by Kaiser Gypsum to the 18 plaintiffs in this case including the plaintiff's 19 answers and responses thereto as signed by Mr. Crum on 20 November 6 1998 at his home in or outside of Reno 21 chose I would like to have that same choice myself in 21 Nevada v %2 the presentation of his examination is Ay!Make L Make the So with that --- to complete we will reserve our right to the deposition of Mr. Crosby 23 In particular interrogatory No. 10 23 requests plaintiff to set forth each and every fact 24 upon which plaintiffs intend to rely in establishing 25 at a later time 25 each alleged theory of liability against Kaiser Pages 61 to 64 DEAN MOBURG & ASSOCIATES 206 622-3110 ae ia CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 65 1 Gypsum Plaintiffs have listed their theories of 1 67 AFFIDAVIT 2 liability However interrogatory No. 11 asks for the 3 identity and the current residence address 4 phone number of each witness you intend to call at 2 3 STATE OF WASHINGTON 4 > ) ss 5 trial to establish your alleged theories of liability 6 against Kaiser Gypsum and request a description of 7 what each witness will testify to 8 The response provided on November 6 which 9 has never been supplemented simply states 10 Plaintiffs have not yet selected their trial 5 COUNTY OF KING ) 6 7 I have read my within deposition and the 8 same is true and accurate save and except for changes 9 and corrections if any as indicated by me on the 10 correction sheet hereof 11 witnesses All witnesses will be disclosed in 11 12 plaintiff's 105 day designation And of course 12 13 that's not been filed yet since it's not due I think | 13 14 until April something of that nature That would be 14 BRENTWOOD CROSBY ; 15 our record 15 16 May I also take this opportunity to issue a | 16 SUBSCRIBED AND SWORN to before me this ___ 17 subpoena to Mr. Crosby for the completion of his 18 deposition 19 THE WITNESS I don't want it 17 day of 18 19 , 1999 20 MR PETTY And sir that is a subpoena 20 21 issued to you for your attendance to complete this 22 deposition I assume that we can work with counsel to | 22 Notary Public in and for the State 23 reach an agreement if the date doesn't work or the 23 of Washington residing at . 24 place doesn't work We have always been able to reach | 24 25 agreements to accommodate the needs of the attorneys 10 1 and of our respective witnesses 66 1 68 CERTIFICATE 2 3 Ken MR WEBB What date do you have right now 2 ; 3 STATE OF WASHINGTON > 4 MR PETTY Nominally I picked the date of 4 ) ss 5 March 10th here at my offices at 10 a.m. and I will 5 COUNTY OF KING > 6 also give Mr. Crosby a copy of the notice of the 6 7 completion of his deposition for that time and place 7 I the undersigned Notary Public in and for the 8 And Mr. Bergman I'll -- 9 MR BERGMAN Thank you Ken 8 State of Washington do hereby certify 4. 9 That the annexed and foregoing deposition of each 10 MR PETTY For the record I'd like marked 11 as Kaiser Gypsum Exhibit No. 2 the subpoena and the 10 witness named herein was taken stenographically before 11 me and reduced to typewriting under my direction 12 deposition notice for the continuation and completion 12 I further certify that the deposition was 13 of this deposition 13 submitted to each said witness for examination reading 14 Marked Deposition Exhibit Kaiser Gypsum 2. 14 and signature after the same was transcribed unless 15 Deposition adjourned at 1:30 p.m. 15 indicated in the record that the parties and each , 16 16 witness waive the signing 17 17 I further certify that all objections made at the 18 18 time of said examination to my qualifications or the NNNNNN^ 19 manner of taking the deposition or to the conduct of NNNNNN^ 20 any party have been noted by me upon said deposition NNNNNN^ 21 I further certify that I am not a relative or NNNNNN^ 22 employee or attorney or counsel of any of the parties NNNNNN^ 23 to said action or a relative or employee of any such NNNNNN^ 24 attorney or counsel J| NNNNNN^ ud 25 I further testify that I am not in any way DEAN MOBURG & ASSOCIATES 206 622-3110 Pages 65 to 6 CRUM V. E. J. BARTELLS CO ET AL 1 financially interested in the said action or the outcome outcome 2 thereof I further certify that each witness before , Amination was by me duly sworn to testify the truth 5 the whole truth and nothing but the truth 6 I further certify that the deposition as 7 transcribed is a full true and correct transcript of 8 the testimony including questions and answers and all 9 objections motions and exceptions of counsel made and 10 taken at the time of the foregoing examination BRENT CROSBY 12 IN WITNESS WHEREOF I have hereunto set my 13 hand and affixed my official seal this day of EVER poe e 14 , 1999 15 eas 16 17 18 19 20 CHERYL MACDONALD 21 Notary Public in and for ee) 22 the State of Washington s 23 residing at Seattle 24 bast Pages 69 to 69 DEAN MOBURG & ASSOCIATES 206 622-3110 oA oad - vo ? } af ry cy LteAa ae : : oema hei .. _ :a (4 i M M F : ; my G G G ae ial ae yee, - ry i if bad oy Pol : : ey by ba at Ra ey aSi d pa a oy oo a f 7 CRUM V. E. J. BARTELLS CO ET AL BRENT CROSBY 1 79 4 11 49:14 6644::1111 49:15 49:16 49:19 49:23 50 50:12 50:15 7 52 4100 2:17 2:20 administrator 45 affidavits 62:13 affixed 55:20 69:13 afternoon 62 assess 63:19 assistant 17 19:10 25:13 25:14 27 53 assistants 20:14 23:21 19:21 20 29:13 23:21 29 | 49:14 | board 40:18 43 boards 37 27:13 45:18 52:20 Central 29:13 50:25 9:21 Bob 12 12:19 ceremony 41:22 100 45:21 65:12 10:20 1:14 10:22 4:18 - 10:49 23 10:53 23:11 23:20 10th 66 11 65 11:23 44 11:40 44:10 1201 1:16 4 8 4:12 12:03 61:10 14 10 1420 2:17 145 10:21 150 45:21 15th 2:24 16 10 18 58:17 1:15 4:18 1944 7 1952 6:20 1954 6:20 1959 8:15 1960 8:17 8:20 8:25 10:22 10219 10:22 20:24 1962 8 1963 9:18 1964 36:17 1965 9:18 9:20 25 26:16 27 36:17 50 52 15 25 197024:22 8 8 45 46:19 52 . 1972 14:35:1240:351:42:035:20 56 56:19 1978 8:21 8:25 56 56:19 1989 8:23 1998 64:20 1999 1:15 4:18 67:17 69:14 1:15 61 61 1:30 61 66:15 2 23:10 12:15 12:15 12 13:24 26 26 26 26 26:25 41:19 41:20 41:21 66:11 66:14 20 10:13 10:14 206-233-1306 4 21 2127 3 2200 8 2:11 24th 11:17 11:18 15:15 15:18 19:25 20 29:13 45:18 50:25 51 52:20 pound 32 32:16 34 250,000 56:25 25th 11:17 15:13 28 20 3 3 15:24 16:10 19:21 22:20 23:14 23:18- 23:23 24:11 26:10 29 29 29:10 29:10 30 22 305 4 3:30 42:17 4 4:00 42:18 : 5 5_3 13:24 53 53 ; pound 34:25 55330000 1 5 5511 2:14 580 2:23 6 6 55:15 55:19 64:20 65 600 2:11 601 2:20 44:22 64 9 11 66 3:10 69 44:22 7 - 751.47 751.47 751.47 23 70 44:22 700 2:14 - 8 8 8 21:22 21:24 22 42:19 8:30 42:19 9 day 22 94104 2:24 950 4 98-2-24915-3 4:15 98-2-24915-3SEA 98027 98027 4 98101 4 2:18 2:21 | 98104 2:15 98121 2:12 4 98401 9 A a.m 1:14 4:19 23:12 66 able 62 65:24 Ab1s1o:l2u3tel2y4:16 30:22 58 60:21 accessories accessories 40:19 46:15 47 47 48:19 accessory 29:24 30 30 30 30:21 31 32 37 46 46:14 46:22 48:19 accommodate 63 65:25 according 48:17 accurate 67 acoustic 30 | acoustical 31:13 37 acoustics 43:17 action 68:23 activities activities 40 41:16 add 32:17 33:17 addition 64 additional 62 address 3 27:21 62 65 adequate 24:18 adjourned 66:15 adjournment 64 administrative : 15:25 15:25 49:13 20:14 25:13 25:14 53 DEAN MOBURG & agitated 35 agreeable 62 agreed 62 agreement 65:23 agreements 65:25 ahead 13:13 38:15 40:17 42:13 42:14 59:19 al 7 4:14 27:23 46:13 46:21 47:11 53:12 53:14 Alaska 26 26 26:12 Albuquerque 25:22 Alessandri 26 27:23 a6ll5eged 64:25 Allgood 51 51:18 amended 63:24 America 8:12 American 2:16 : among 23:15 58 amounts 31:12 and 67 annexed 68 answered 33:24 60:18 answers 47:16 55:16 60 64:19 69 Antioch 28:24 , 57:14 assume 14:23 14:25 65:22 assumed54:14 26 28 54:14 attached 33:11 2 attempting attempting 31:10 attend 22 attendance 65:21 attended 48:12 attention 22:19 36 attorney 2 2:10 2:13 2:16 2:19 2:23 52:17 60 68:22 68:24 a4t:t1o9rne6y5s:24 5 video 4 auspices 57 Automatic 8:11 available 21:23 Avenue 1:16 4 8 2:11 2:14 2:17 4 4:12 average 10:14 12:25 18:10 avoid 55:24 award 41:23 awarded 40:10 awards 41:15 B 46::15 46:: 17 51:19 52:23 53 53:16 Apologize 23:16 append | APPEARANCES 2 64 applicant 36:14 application aplication 28:20 30:21 31 34:22 35:16 aplicator ap4plicator 33 applicators 45 appl32i:1e4d 31:15 34:23 apply 43:17 | apprised 40 approximately 4:18 11 15 21 21:17 22 36:16 44:20 45:19 46:18 56:19 56:25 60 56:25* April 65:14 architects 6 architectural 23 areas 14:21 14:24 Arizona 26:20 armed Army 3 art 20 asbestos 44:14 44:17 44:24 45 : 45:15 45 46 46:11 46:22 47 47 47:13 47:23 48 48:10 48:15 48:19 49 49:10 49:20 49:25 52:11 55:24 25 56 56 56 56 56:15 57 57:14 contain asbestos 55:22 58 asbestosis 56 babcakckggrroounudnd 20 : bag 13:22 34:14 34:25 34:14 34:25 35 13:18 bagged 32:13 3413:18 bbaa gsg3s5:13 7 2 56:20 57 57 | Bakersfield 25:22 26:21 Bartells 7 2:13 4:14 5 19:25 basically 7:10 11:17 20 20:23 26:18 27:24 30 battles 7:17 Bay 8 9:11 27:25 Beach 52 became 12 14:12 32:18 become 34:11 begin 5:15 Beginning 53:19 55:20 behalf 4:17 2 14 Bergman 3 Bergman 4:11 4:24, 4:21 1 17 18 23:1 18 23:13 19 25 24:21 25 32:11 47:17 17:20 50:14 50:22 61 5 61 61:14 61:24 62 62 63 63:13 66 66 best 31:24 39:25 48 58:13 better 63:19 bigger 43 bit 12:12 61:14 blade 33 33:11 blended 34 26:22 26:23 51:18 53 bodilboydily 55:25 Boltz 26:22 born 4 Boulevard 4 boxes 32:10 branch 7 brand 43:22 | break 23 44 61 b5 re6 athin5g655:24 56:15 57 Brent 4:10 Brentwood 1:12 5:13 5:23 67:13 bring 33:17 brought 36 Brown 26:17 bucket 32:17 33:15 34 34 buckets 32 33 33 | building 11 20:24 21:16 37 40:22 buildings 39 built 20 42 43 bulk 13:18 bumps 35:22 Burns 2:16 6 6 residen business 65 |C cable 30:17 cables 30:14 35:20 35:21 - cake 32:18 California 2:23 2:24 5:25 8:16 9:12 9:20 10 10:21 25:21 26 26:18 28 28 36:24 45:10 59:21 campaigns 7:11 7:14 Canada 58:15 cancer 56:10 Caprye 51 caption 4:12 career 3 17:25 Carson 42:10 case 4:13 4:14 32 35:25 55:17 59 63:18 64:18 cases 28:25 casino 40:19 ; 40:19 Cassidy 51 12:10 category cause 32 28:16 55:25 56 56 56:15 57 caused 44:23 caution 55:20 55:23 CCR 1:24 7 5:10 ceiling 30:13 33:12 35 35:20 35:21 35:22 ceilings 30 cement 13:15 13:16 13 13:22 13:23 13:24 14 14:12 14 14:23 14:24 14:25 15:22 | 35 center 10:22 asking 16:20 asks 65 17:12 blow 12:15 : 11:10 11:15 15:11 ASSOCIATES 206 622-3110 Cceerrttaiifnyly 14:10 8 68:12 68:17 68:21 69 69 Chambers 51:11 changes 67 ch1ar8 ge 12 19 Charlie 26:10 27:19 27:25 | chart 16 16:24 23 50:13 50:15 Chavez 19:17 checked 47:10 chemist 53 Cheryl 1:24 2:13 69:20 choice 62:21 choose 52:25 63 chose 62:21 circulating 23:15 circumstances 28:15 City 9:22 36:25 42:10 clarification 20:21 clarify 50:11 Claude 12 20:25 clients 14 Close 10:13 closely 14:12 16:18 coast 1313::1199 51:22 coil 30:14 College 6:12 coming 47 commercial 39 39 39:24 41 common 15:19 communicating 54:21 companies 11 c4om:p1a4ny5 7 3 9 8:14 8:16 8:22 9:24 10:11 10:19 11:16 11:22 11:25 12 13 13:10 14:23 15:22 25 | 25:17 25:17 36:15 45:11 51 58:12 58:13 58:14 60:14 61:13 compensation 59 competition 40 complaints 30:25 complete 61 62:24 65:21 completed 64 64 64 completion 65:17 66 66:12 Complying 21:19 compound 30 30 32 32:14 32:16 32:24 32:24 33 33:14 33:15 34 34:17 35:16 35:17 35:19 37:10 37:13 37:19 38:12 39 43:23 43:23 56:21 compounds 30 31:13 32 44:13 concerned 44:24 concerning 28 29 42 48:15 : 57:14 59:11 Pages 1 to 6 60:15 60:15 CRUM V. crescent 20 E. J. : BARTELLS : CO 3 ET 34:12 AL BRENT CROSBY 2:22 : conclusion 63:16 condition 33:18 Conduct 4 fer fer 15:15 68:19 erence erence 20:13 20:18 21:25 2 consider 58 considered 53:22 consistency 35 constantly 31:21 constructed 42:22 43 construction 40 40:13 contacted 8:15 contained 44:14 47:13 49:21 57:15 57:22 container 34:25 containers 55:21 56 Contains 55:23 content 44:17 continuance 64 continuation 66:12 continuing co1n6t:i2n3uin1g7 continuous 62:20 contractor 6 8:15 54:14 contractors 9:14 38 39:10 43 44:25 | 5:23 5:13 21:20 22:1 23:14; 25 12 49: 12 12 49 56 62:24 62:20 62:24 63 -65 66 67:13 Crosby's 61:22 examinatio 62 63 | 63:17 Crowle 18:14 18:15 20:10 Crum 4 4:13 4:13 12:20 23 35:24 36 36 36:10 36:10 36:13 36:18 36:20 37:10 37:12 37:15 37:18 38 38 38:10 38 38:21 38:24 39 39:15 39:16 39:24 40 40 41 41:10 41:15 42 42 42 42 42:21 43 43:12 44:11 48 48:14 49 ccoonnttrorlollerler 17:18 17:18 conversation 45:16 46:16 | CrCruumm''ss 37:8 57:23 378 58:23 conversations current 4:18 59:15 36 3 6633::1111 62 63:13 copies 21:23 corner 20 70:25ning 2:2:10 10 , 9 : o1 rat5i2o:n18 ,7 6 correct 23 69 currently 61:21 customer 28:22 31:11 41 435 1:22 | 54:14 54:16 : customers 41:13 44:25 45:14 46:13 49 54:21 55:11 57:13 corrected 23:15 cut 62:17 correction 27:18 67:10 corrections 67 Costa 12 12 12 12:10 12:19 12:19 12:22 12:23 13 13 16:13 17 19:11 20 20:25 21 22 53 Costa's 16:15 45:20 counsel 20:20 21:22 22:23 23 23:16 24:14 24:22 24:23 29 42:11 49 50 50:11 63 65:22 68:22 68:24 69 COUNTY 2 67 68 couple 4 course 11:20 12 14:13 15:14 17 18:20 18:23 28:10 38:16 39 60 63:10 65:12 | court 1 1:25 5:11 64:10 covered 14:20 covering 37:25 30 eate 37:25 eated 33:21 9 34:17 19 D dangers 57:14 date 4:17 25:23 59:22 62 65:23 66 66 day 14 dealer 37 37 dealers 9:13 38 38 39:10 decide 14 dedicated 60:17 defects 54 defendant 4:25 Defendants 8 7 defense 23:16 63 de2fi1ni:te1ly3defin2 itely219 22:12 31:19 34:19 36:12 37:11 40 demonstrated 38 38:11 demonstrating 38:24 demonstrations demonstrations : : 31:15 38 38:21 department 18:25 28:24 31 48:18 depicted 16:12 depo 62:13 deposed 5:13 deposition 1:10 4 4:10 Creek Creek 5:25 5:25 55:1 24 50 59:21 59:24 21:212:424 15:520:516 57:21 61:23 62:10 62:16 Pages 1 to 69 24 1 4 64:12 65:18 65:22 66:661:313 66:6:114 4 | 66:15 67 68 68:12 68:19 68:20 69 describe describe 14:16 35:15 44:20 44:23 descripton description 65 designation 65:12 designers 6 developed 44:21 developer 53 development development 18:25 19 22:24 22:25 28:10 28:13 28:17 29:16 29:19 48:18 diagram 20 21:22 23:21 25 Dick 27 52 Dicks 51:12 didn't 23 32:21 50 63:15 Diego 26:19 dilemma dilemma direct 38 55:11 60:24 direction 18:21 61 68:11 directly 26:22 dirdireectorctor 54::17 discharged 8 disclosed 65:11 d6is1c:o1v9ery662:11:615 discussed discussed 48:13 62 discussions | 59:10 59:59:10 10 60:60:111 1 disposal 61:21 distributed 13:17 distributors 2:14 38 38 39:11 43:21 district 9:20 9:23 10 15 27 27 27:23 27:25 28 28 28:11 41:21 47 53:20 | districts 18 divided 25:18 division 15 15:21 divisions 16:19 document 16:12 23:18 24 24:17 25:10 29 49:16 50 50:14 50:16 64:14 documents 62:13 doesn't 65:23 65:24 Domtar 8:21 8:22 58:15 donate 31:11 Donovan 25:19 Doug 28 drawn 21:25 dried 34:17 Drive 10:25 11:12 dry 343 :13 3 33:16 d4ry2w:a2l5l 38 43:11 43:13 43:22 due 65:13 duly 5:13 69 dumped 35 dumping 35:14 Dupuis 19 29:219:111 29:291:212 53 53 dust 33:20 55:24 55:25 | face 50 Gardner 2:10 duties 5 17 28:11 38:16 E earlier 61:13 easel 12:16 23:22 29 49:14 east 8 9:11 27 27 | 27:20 28 51:12 51:12 51:22 eastern 28 E3d6:2247 education 6:10 effective 41 efforts 41:10 efforts 25:17 either 36:17 61 electric electric 35:21 elicit 21 embedded 30:15 35:20 em6p0l:o1y8ee65 8:282 68:23 employer 59:24 em1p4l:o1y3men5t8:12 60:18 encompassed 9:21 26 Fairchild 5:23 family 6:14 fashion 60:20 feel 58:18 60:20 feeling 58:10 fella 58:10 12:19 felt 63:16 FIBERGLAS 2:10 fibers 55:24 field 33 39:20 Fifth 2:14 2:17 filed 65:13 finally 19:17 21 26 35:15 financially 69 fine 17 24:23 25 61 finish 21 32 32:24 32 32:24 3327::2152 32:24 43:23, 44:12 47:17, 56:21 finished 8 f3 ini0 shin3g1:3130 3323 32:16 35:19 38:25 39:10 Firtex 37 37 51:10 Firwood 7 five 13:22 gave 30 60 general 12 | 13::20 16:17 16:17 2 5 25 47:12 53:19 gentleman 59:20 George 19 21:11 29:15 5634530 5634530 5634530 5634530 52 52 52 Georgia 27 gets 35 given 41:23 57:13 57:13 golf 12:12 13 Gordon 26:17 Grace 2:16 7 Grand 10:21 greater 26:21 1 groove 30:14 groovers 30:12 grooves 30:15 grow 3 guess 42 gun 35 35 7 guys 14:25 Gypsum 2:19 9 3:10 1 3 8:16 18 8:20 22 8:25 7 11 encompassingencompassing encompasing encompassing encompasing 26 : ended engineer 50:23 enjoyed 60:18 entire 50:16 entirely 23:17 entitled 22:20 e2n 2:t 22it 61y :18 Eeqruinpmienetequi1pm9en:t13 4:10 4:10 52:21 52:21 | Eshelman 16:20 17 especially 31:22 establish establishing establishing establishing 64:24 | ga8 llo32n:17 33 33 34 Flicker 50:10 50:21 50:22 50:24 51 float 34:19 floor 11:17 11:19 1155 151:5:18 18 1: 9 20 20 29:13 30:12 45:18 50:25 51 52:20 floors 20 Florida 27 followed followed 3 follows 5:14 9:15 9:23 9:1: 7 10:11 10:16 11:16 11:22 12 12 12 13 13:10 13:21 14 14:11 14:23 15 15:10 16:16 17:17:23 23 17::13 18 18:24 25 27 28:10 30:19 30:21 31 31:16 31:17 33:14 34 36 36:20 37 37:10 et evenings 4:14 evenings 42:20 examination 1:10 3 16:24 60:25 61 62 62:12 62:14 62:19 62:22 68:13 68:18 4. 69:10 example 43 except 67 exceptions 69 excuse 6:20 52 exhibit 7 8 11 12:15 12:15 12:17 15:24 15:25 16:10 19:21 21:22 21:24 21:25 22:20' 23:14 24 23 24 29 29 29 29:10 41:19 41:20 49:13 49:15 49:16 49:19 49:23 50 50:12 50:15 50:15 52 52 53 53 55:15 57:21 57:22 4:12 64:15 11 66:14 Exhibits 6 4 expenses 59 experience force 25 forces 4 f6or9e:g1o0ing 68 formulated 30 formulation 29:23 53 forth 24 24:11 64:23 foundation 15 3388::1155 24:24 40 | 42:12 43 43:15 44 48 56 56:12 56:24 57 57:18 eight 33:10 frame 7 20:21 21 24:19 25 Francisco 2:24 50 Frank 25:12 Franklin 19:15 5 Franklin's 20:16 11:11 frequently front 11:12 22:11 fulfilled 41:12 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BARTELLS CO 12:14 12:21 15:23 57:20 handled 33:19 39:21 handling 34:13 hands 12:20 Hanford 7 7 hanging 43 happen 33:14 Harlan 19 19 21 29:11 53 harm 55:25 Harold's 40:20 Harper 12 20 20:25 21 22 Harrah's 40:19 having 5:13 Hawaii 26 hazard 55 57 he'd 42:17 he's 12:20 20:18 he1a0d:q1u8art10e:r2e0d health 57 heard 61:17 hearsay 40:17 46 46:25 47:25 48:23 49 59:18 60 60:16 heat 30 30 30:10 30:14 30:17 30:17 30:18 31:14 35:16 35:17 37:19 38:13 38:25 Heinz 8:14 held 9:16 10 Helen's 51:10 52:22 Helens 51:17 Henry 7 5:10 hereby 68 herein 68:10 hereof 67:10 hereunto 69:12 hire 36:18 43 hired 9 36 36:19 36:21 36:22 historical 61:20 history 7:18 Hobby 15:25 hold 8:24 holding 23 Homan 51:14 51:15 41:11 hHoopneesty 6 hose 35 35 houses 42 42:17 42:22 43:24 Howard 29:22 53 53 However 65 human 57 I Idaho 9:22 10 26 28 identified identified 15:24 16:13 22:10 35:24 50 id1en1tify3 4:19 16 23:24 23:25 24:10 26:15 27:12 29 50 53 65 identi: ty immediate 17:23 18 inch 33:10 including 64:18 : 69 indicate 25:10 indicated 67 68:15 indicating 11:14 12:24 20 20:11 20:15 20:19 21 21 21:16 25:11 51:512:233 515:12:205 52 indication 24:19 41:17 individual 19 21:10 24 25:10 Joseph 15:25 judge : | juncture 63:21 K K individual's 20 individuals 12:16 16 16 16:11 19:22 24 24:10 26:13 27:13 29 29:10 50 51 Industries ; Industries 11 in1f8o:r2m1at4io8n:21 54:21 61:17 spray 30 30 30 31:14 34:22 34:22 34:24 35 37:16 38:12 Kaiser 3 3:10 4:25 3 8:15 8:18 8:19 8:24 6 9:11 61:18 61:20 initial 28:23 | 54:18 initials 51 | inquiries 45 45:23 46:12 9:15 9:17 9:23 10 10:11 10:15 10:22 10:23 3 11 5 11:16 i5n0:q1u7iry 46 insomuch 49 installed 30:10 11:15 11:16 11:22 12 3 12 8 13 30:11 integrate 6 integrated 15:20 13:10 13 13:16 13 14 14 integration 15 integrity intend 41:11 64:24 65 interact 11:21 14:11 14:12 15:11 16:16 17 17:12 17:22 3 18 12 12:10 17 18:12 18:24 28:12 28:16 53:25 interaction 14:17 interest 58:25 18:15 18:23 20 20 25 27 28:10 29:13 30:19 30:21 4 31:16 interested interpose 42:11 35:23 interrogatories 4 33:14 34:1, 36 36:20 37 interrogatories 55:16 61:15 64:16 i5n5te:r1r9og6a4to:r2y2 65 intertwined intertwined 14:12 interview 8:17 introduced 36 involved 24:19 51 Islands 7:15 Issaquah 7 issue 32 35:25 62 65:16 issued 65:21 itself 11:10 J Jack 51 Jackson 59:25 James 18 27 January 1:15 4:17 Jean 7:23 7:24 Jersey 27 Jim 25:11 27 27:19 51:23 | job 31:17 39 39 39:16 40:10 40:24 41 41:12 jobs 39 40:20 42:19 54 John 4 4:13 12:20 36 36:10 41 41:20 42 37:10 37:12 37:15 37:18 37:24 38 38 39:16 39:24 40:14 41 41:15 42 42 42 43:25 44 44:12 44:18 44:24 45:18 45:24 47 47:14 47:24 48:10 48:15 49 49:21 49 50:25 52:12, 52:20 53:19, 54 '55:6 55:16 55:20 55:19 55:20 56 56 56:14 56:20 56:20 57 57 57 57:15 58 58 58 58:11 58:17 58:18 59:10 60 60:11 60:12 61:12 63 64:11 64:12 64:15 64:17 64:25 65 66:11 66:14 Keith 2:25 2 KKeenlly 4:2257 17 61:12 66 66 KENNETH 2:19 42:16444:2:1116 4348:20 48:14 48:20 58:22 joined 8:17 10:19 joining 8:20 joint 7 32 32 32 32:7 32:14 32 32:24 32:25 33:14 34 34:17 37:10 43:23 44:12 56:21 Joint 38:12 finishing joints 33 kinds38:10 13:23 KING 2 67 68 Kirk 19 21:10 21:11 29:15 45 45 45:12 45:22 46 46 47 47:10 52 52 52 Kirk's 21:14 21:18 45:19 knife 4 33 knowing 30:20 | knowledge knowledge knoknowwledgle edge 13 9 42:15 47:10 DEAN MOBURG & ASSOCIATES ET AL BRENT CROSBY 583 49:20 57 57:11 57:24 57:11 22:10 23 23 43 43 33 move 32 55:13 39:13 55:13 39:13 | 55:13 knowledgeable 45 Kwajalein 7:15 manager 9:19 manager 9:23 10 10 moved 8:13 10:22 20:24 , 21 10 10:10 multiple 50:13 L 12 15 myriad 39 LA 26:18 26:21 26:21 label 55:22 labels 55:21 laboratory 46:17 | lack 42:12 57:17 Lacks 15 38:14 40 43 43 15 16:17 17 17:14 17:20 18 18:12 18:16 18:17 19:18 21 26:11 26:14 26:22 27 27 27:14 27:20 27:25 28 myself 28 62:21 N named 19 21:10 50 natural y 68:10 naturally 16:18 nature 14 44 48 56 56:11 56:23 57 Laidlaw 25:13 Lake 9:22 11:11 36:24 42:10 Lakeshore 10:25 11:12 Language 63:23 larger 34:24 34:25 later 14 25:23 59:22 62:25 law 2 7 2:10 2:13 28 28 28:12 29:16 51 51:10 51:18 52 ma2n7a:g2e4rs 25:16 manner 39:22 68:19 manufacture 13:17 13:21 manufactured 13:23 manufacturing 45 46:15 48:18 March 66 Marianas 7:15 14:16 54:23 59:15 65:14 necessary 62 necessity 43:17 62:14 64 needed 2 needs 24:24 65:25 negative 48 Nevada 10 4 : 36:24 39 42:10 64:21 Nominally 66 nonresponsive 39:14 55:14 60:10 | 2:16 2:19 2:23 | Marilyn 4:13 | normal 42:19 Lawsuit 58:22 = Marine 4 normally 32:15 58:23 59:12 7 42:19 Lawyer 60:12 62:11 Lawyers 14 | mark 21:21 6,610 marked 6,610 6,610 marked 12:14 northern 10 northern 3 26 28 59:11 laying 24:18 15:23 21:24 49:13 37:20 28 36:23 45:16 leading 33:23 34 34:11 34:18 35:12 54 58 64:12 64:15 10 66:14 married 7:20 7:25 northwest 6 26:11 26:24 27:13 27:22 Nos 7 60:15 Mary 7:23 7:24 Notary 5:13 Learning 47:13 48:21 match 23 matches 23 67:22 68 69:21 least 35:25 Leave 6:19 6:21 lLeegaavling 5:21 Leonard 50:22 Less 11:18 17 19:18 29:16 43 53 62 62:15 Let's 7 21 material 9:13 noted 63 68:20 37 nothing 23 Maybe 66:12 materials 31:12 Matthew 3 4:21 25:24 McClellan 28 means 39 69 | notice 63:24 64 66 notified 40:11 mechanical 6 8:14 November 15:25 64:20 65 meet 22:10 36:13 | Nowhere 64 meeting 22 numerous 63 36 47 47 letter 50 level 25:15 25:25 26 26:14 27:14 29:14 37 lever 35 48:12 60 meetings 12:11 12:12 13 15:21 22 22:15 48 Meg 3 4:23 [s) Oakland 8 8:18 9 10:20 11 11 Liability 65 Li6 ability564:25 License 1:25 listed 16 19:23 24 26:13 65 Lived 1 Local 39 43 Located 10:23 10:25 11:16 15:10 19:24 20 20:17 memory 57:11 mention 60:12 mentioned 34 Merced 11:11 merchandising 18:16 18:17 Merchant 4 mesothelioma mesothelioma 56:16 met 59:20 59:23 Mexican 19:19 Mexico 25:23 oath 55:18 55:19 ob1je4 ct 13:12 14 15 16:22 22:13 25 32:11 32 32:11 33 34 11 37:21 38 43 40:16 43 43:14 44 45:25 21:14 21:18 24:13 29:12 52:19 Lodge 24:15 Loyal 58 Loyalty 60:13 60:13 uLmunpchs : Lung 56:10 35:22 26:19 26:20 MGM 40:19 middle 53:23 53:24 27 military Millis 6:24 ; mind 50:22 2 50:22 mix 23:16 46:24 47:15 47:18 48:22 52:14 54 9 55:13 56 56:11 56:23 57 575:91:177 58::20 60 60:15 M MACDOCA457LC Macdonald 1:24 69:20 machine 30:11 major 39:23 major 40:10 40:13 ma1j1:o2r4ity 10:16 making 32:18 mixed 32:24 33 33:15 34:22 35:18 | mixer 35 35 35:14 mixing 31:23 Modaff 51:17 moment 61:22 monitor 30:24 monitored 31:21 month 13 15:22 months 49:18 morning 42:18 objection 14 14:15 14:18 16:23 17 17:24 22:17 24:15 24:21 29 34:10 34:18 35:23 38:14 40 42:12 46 46:10 47:25 | 48 49 49 56:17 57:10 58 | mana11g:e18ment 1111::221 1 12:12 15:16 42:19 motions 69 : mountains 28 obje68:17 ctions : 9 obligation 14 206 622-3110 Pages 1 to i obtaining 41:15 CRUM V. 14 2Q3T7 obviously 63:20 | 27:10 34 | present 2:25 reporter 33 18:24 | occasions 12 qualifications representation 31 ur 22 34 20 .* te 15:10 | 12 20 | 20 20:16 21 21:14 21:18 29:12 45:20 54:17 officed offices 28:23 45 52:19, 19:23 4:11 probably 10:21 15:18 19:23 20:14 official official 69:13 seeing Olsen 17:19 Olson 26:20 semi administrat 26:23 open 34 opened 10:22 operations 19:14 19:19 operator 9 opinions 63:20 opportunity 21:23 62:19 65:16 opportunity 28:12 63 oral 1:10 57:12 photograph reading Oregon 10 : 51:10 26:12 organization organization 8:20 16:21 18:15 organized 62:20 Orleman 51:18 short sheeting Orzech 17 17 OSHA 55:23 outcome 58:25 69 outright 45 outside 64:20 | responsible Owens 2:10 8 recommended Owens , P 6:15 23:11 60:24 6:15 Pafic Pafic 8 | 7:10 13:18 26:11 26 27:14 27:22 55 packages Pageler 3 4:23 4:23 pages 50:13 participate 7:11 3 31 38:20 33:23 34 34:10 35:23 37:21 35:23 37:21 38 38:14 39:13 40:1, 40:16 40:16 42:14 43:3, 43:14 4 45:25 4 46:10 46:24 47:15 47:19 47:25 48 48:22 _. 49 50:11 50:19 52:14 54 52:14 55:13 56:5 56:11 56:17 56:23 57 57:10 57:17 58 58:20 59:17 60 60 60 60:24 61 61 61 61:12 61:12 62 63:10 63:22 64:14 65:20 66 66:10 Phoenix 25:22 26:20 11 16:13 icked 66 ckner 55:17 ece 33:10 pieces 62:18 placed 58 places 8 plaintiff 4:22 4:24 64 64:23 plaintiff's 49:13 63:23 64:18 65:12 plaintiffs 5 | 3 4:17 61:16 63 64:18 64 65 65 plant 51 51 51:10 51:19 52 52:23 23 52:23 54:18 53:16 54:18 play 13 played 12:12 please 4:19 5:12 5:20 12:22 12:22 particular 25:19 particular particular 17:25 ppooiinntt 44:18 43:11 44:13 25:24 26 20:10 20:19 Smythe 53 20:21 8:10 64:22 parties 68:15 68:22 partners 9 27:14 p6a8r:t2y0 58:22 pass 18:21 29 regional passed 23 paste 62:17 path 2 Paul 2:22 2 29:19 29:20 37:24 52 Payne 2:25 4 pending 32:12 61:15 Reilly performance 31:24 period 19 22 24:22 26:16 perpetuation 61:23 36 personally personaly specialist specialist 40:23 41 : Potts 25:12 propounded 64:17 Relief San 2:24 s1p6ec:i1f1ic personnel 14:20 28:17 31 Petty 2:19 point 12:12:22 22 47 62 63:19 63:22 pointer 12:21 24:10 50 pointing 41:19 pole 33:10 portion 28:10 58:19 portions 55:14 60:10 Portland 8:13 8:13 28 position 9:16 10 36:14 36:21 61:22 61:25 62:17 | 63 63 63:11 positions 8:24 positively 60:19 possibility 62 potential 44:1744:17 54 32:10 pour 34 poured 34 pouring 34:14 32 12. 4:25 powder powder 69:21 | 36:23 | sander 34:17 speculation 2 12. 14:18 sandpaper speculation .- 3, 16:22 20:20 17:24 powdered 32:25 precise 39:21 premix 32 22:17 22:13 prescribed 55:23 | putting rephrase 58:17 22:17 22:22 presence 30:17 51:18 19:13 53:15 23 23:17 | 23:21 report sprayed Pages 1 to 69 5 :23 45:23 E. J. BARTELLS CO ET AL 48:10 48:15 Q BRENT 54:16 32:20 41:22 49:25 62:19 presentation 62:22 president 12 president's 21 previously 14:13 15:24 16:13 23:14 principal 6 prior 23:18 49:19 49:23 57:21 59:22 probably 13 18:13 44:22 49:17 10:14 15:22 35:13 45:21 problem 28:18 28:19 28:22 54:13 54:14 54:16 problems 54 proceed 34 61:22 61:25 62 62:11 62:15 process 33:21 34 35:10 product 28:18 28:19 28:20 28:21 29:17 29:19 31 31:11 32:19 34:13 35:24 37 37 39:18 48 54 54:13 54:21 55 55 56:20 56 production production 15:17 19:14 19:16 28:24 29:23 31 52 52:22 53:25 64:17 Productions 4 products 7 9:15 13:18 13:20 17:14 18:19 29:24 30 30 30 30:21 31 31:18 31:22 32 37 38 38 38:10 38:23 39:17 39:21 39:25 40:15 41 41:14 42 42 42 qualifications quality 28:20 29:17 39:19 55 55 quantity 35 questioning 34:11 quite 6:23 12:12 15:19 34:11 R radiant radiant 30 30:10 30:14 30:17 31:14 35:16 35:17 37:18 38:12 38:25 Raffaelli 46:14 46:20 46:23 47 47:11 53:11 53:12 53:14 raised 4 61:24 ran 30:11 Rapid 2:16 6 reach 65:23 65:24 reaction 47:12 47:22 48:20 68:13 ready 42:18 realize 63:15 really 32:20 51:23 receive 41:15 received 64 receiving 41:20 7 Recess 23:10 recognize 61:11 r5e1c:o1g9nize 51:13 recollection 15 39:25 36:19 record : 23:11 23:20 36 8 44:10 10 62:10 63:22 64 65:15 64:14 65:15 66:10 68:15 reduced 68:11 refer 55:15 55:17 reflect 27 63:23 regarding regarding 44:17 region 15 representative representative 2 4 53:20 repr^'sented 11 represents 25 request 65 requests 64:16 64:23 required 31 requirements 41:13 rescheduled 63 research 15:18 18:25 19 22:24 28 28:13 28:16 29:16 48:17 52 53 53:13 reserve 4 62:23 residential 40:21 41 | residing 67:23 69:23 respective respective 66 respond 40 response 32:12 45 45:23 46 55:18 65 responses 61:19 8 64:19 responsibilities responsibilities 9:10 16:15 18 24:12 28 37 37:24 responsibility 14:21 14:24 18:18 26 38 54 54:11 54:20 54:24 responsible 9:24 30:20 55 resting restricted 50:17 result 61:21 resume 21:21 resumed 61:13 review 28:23 54:18 revised 29 29 Richard 51:25 rises 39 Robert 12:19 25:13 51 Ron 8 RONALD 2:10 CROSBY scientist 29:20 Scoop seal 69:13 seams 33 seat 21:21 Seattle 1:17 2 2:12 2:15 2:18 2:21 3 12 4 6 12 6 6:11 6:12, 6:12 19 6:18 19 6:21 2. 27 2. 64 23 64 section section 27:13 49:19 selected 65:10 19:10 send 28:23 54:18 senior 11:18 11:21 15:16 22 58 sense 24:19 separate serious 7:17 55:25 serve 62:10 served 6:24 15 service 7 7 39:19 39:19 55 55 serving 10 several shaking 63 12:20 sheet 67:10 37 short 44 shot 35 shown 12:16 50 sign 28:23 signature 68:14 signed 64:19 signing 68:16 simply 65 Simpson 17S:i1mp8son 17:16 simulated 30 sister 6:16 6:18 sit 13 52:25 sites 31:17 39 39 39:16 40:24 41 Sixth size 30:16 slow 47:16 slowed 14:19 slowly 32:17 33:17 34 44:18 44:24 45 45:15 45:24 46 46 46:12 22 47 47 47:14 47:24 48:11 48:16 49 49:11 49:21 49:25 51:11 52:12 53:10, 54:4,'5532, 22 55:4 22 56:3, 56 57 7 57 57:15 58 project 7 40:22 projects 39:24 40:14 promote 18:19 | promoted 9:20 promotion 17:15 proper 50 provide provide 21:22 1 provided 65 Public 67:22 pumped purchase purposes pursuant 35 9:15 50:16 59 putting 12:15 62:16 2 3 26 26 26 26:10 26:15 26:25 27 27:14 27:17 27:22 10 10 10:10 15 15:21 18 18:11 25:16 26:11 27:19 28:11 regions 18 25:16 regular 22 52:16 52:17 52:24 Reilly's 52:19 reimbursement 59 relate 59:14 relationship 14 relative 68:21 68:23 48:24 : Relieved 48 rely 64:24 Reno 9:22 20:1320:13 20:19 21:25 22 30:16 30:18 Royal 5 7 run 30:13 33 S Sacramento safety 50:22 salesman 9:11 28:21 36:22 37 37:24 41 41 41 41 41:21 54:15 54:15 salesman's 41 salesmen 10:12 31 31:16 32:19 37 38 47 | Salt 9:22 Sam 52 Samuel 52 26:19 : sand 33 33:12 33:12 35:22 42:10 64:20 repeat 14 14:10 33:25 replaced 51:18 28:22 sandpaper 33:11 save sandpaper Schaper 19:12 52:21 52:21 schedule 63 Smythe : 8:10 socially 13 softboard 37 51:11 Solomons 7:16 soluble 33:18 solution 34 son 43 sorry 44 south 25:22 southeastern 9:22 10 26 28 southern 25:21 26:18 Southwest 7:10 speak 45:12 speaking 21 spec 42 special 17:14 7 specialist 5 46:14 14:24 31:12 48:25 specifically 37 specifications specifications specifications spent 10:17 58:18 spoke 2 spoken 31:14 35 DEAN MOBURG & ASSOCIATES 206 622-3110 ge i i ei o 5 EX 5 ^' : i ; : , i i i . f i { i ^' : i . a k k 4a A a ve Pew CRUM 8:11 SprinklerSprinkleSprinrkler 8:11 Square Square 2:20 2:20 St 67 51:10 4 51:17 staff 28:13 staff 28:13 47:22 stsatnstanddinaginngdisntagnding 3 3 start 34:13 33:16 33:16 started 2 starting 50 state 1 5:20 , 3 stationed 7 staying 6:17 stenographic 64 stenographically stenographicaly step 32:23 33 stick 33 stir 32:17 V. E. J. BARTELLS CO testified 4284 testifying 24:24 testify 65 4 testifying 8 testimony 24:24 59 59:11 69 text 57:22 texture 43:17 texturing 43 unless 1:10 6868::1414 47:13 48:20 62 64:24 Urbanupper upper 53:22 53:22 upper upset 58:14 8:10 9 usable 32:19 thank 17 21:20 27:21 28 44 usually ET AL BRENT 12:25 1158::1134 18:10 weekly 13 week:s 59::23 Weightman 29:21 Weightman 53 Weinstein 4:11 west 21:15 21:15 50:19 52:24 theme 54:25 themselves 4:20 Uta1h 08 24 6 15:23 49:12 51:20 57:20 V whatever 62:13 whenever 22 | Valerie 2:16 6 WHEREOF 69:12 wherever 40:22 theory 64:25 thereof 69 thereto 64:19 Valley varied 10:13 verbatim 63:23 whether whether 22 8 33:20 34 34:16 42 49:20 24 53:21 whole 34:10 whose : Wiborn 51:25 presidents 16:19 video : 5 62:18 4 5 Video's 8 v2i:d2e5ographer 5:11 5:15 CROSBY 53:18 subcontrsactorsubcontractors subcontractors subcontractorssubcontractors 39:21 videotape videotapveideotape videotapevideotape videotape 61 61 4 videotapevideotaped 4:11 61:23 ssubpuoena bpsubopoenae596n56:8a2:103 66:11 SUBSCRIBED 67:16 subsequently13:14 ssuubbsseiqudeinatrlyy 26 23:23 ' substitute substituted 23:23 suggestion 14:22 Suite 2:17 Sullivan 27 2:17 SUsuPpEeRrIvOiRse 10:12 10:12 10:12 30:20 supervised 9:25 supervising supervision supersvuipesrivoisnion 38:17 38:17 39 41:10 56:22 supervisor supervisor 18 s6u1:19pplemental suplemnted sup lementedsupplementedsup lemented supplies 43:18 supplies supplies 43:18 supplying 40:14 supplying 15:17 supposed 41:12 swear 5:12 sworn 5:13 55:16 55:18 67:16 69 T Tacoma 8 Tahoe 36:25 36:25 taken 4:16 24:21 33 40 68:10 69:10 taking 68:19 tank 7 tape 43:17 t3a1:13pi3n1g:13 30 33 . 35:18 38:25 39:10 42 43 43:12 temporary 10:20 terms 25 | territories 21 territory 10 36:22 transferred 8 transmitted 54:17 Transport 3 transportation transportation 59 Traub 51:21 51t:ray22 3 : treating 62:15 62:11 62:17 62:19 65 65:10 65:10 troweled 35:19 true 67 69 truth 69 69 69 turn 22:19 36 type 13:24 13:24 29:20 39 42:16 types 28:15 typewriting 68:11 typical 20 U undersigned undersigned 68 understand 18 46 understanding understanding 13 13:25 20 22:14 29 49 49:24 understood 62 undertaken 33:22 unify 35:21 Union 2:20 2:20 United 7:18 units 42:23 University 6:12 : 63:25 63:25 visit 40:23 42:16 55:22 warnings 56 56 56:14 57:12 58 Warren 6 8:10 8:11 Washington : 1:17 2 9 2:12 15 2:18 2:21 7 4:12 26 7 10 26 26:12 37 67:23 68 68 69:22 Washoe 42 watered 35 Watson 26:10 27:19 27:19 27:25 ways 32 we'd 22 28:18 31:11 55 63:14 63:19 we'll 21 23 25:24 47:18 61 we're 20:22 21 24:22 61:14 Webb 7 5:10 5:10 66 DEAN MOBURG & ASSOCIATES Zakrzewski Zakrzewski 23 23 206 622-3110 Pages 1 to 6