Document zd3k1bEOpDQ0Y24B4Erer71y3

9ll~ RECEIVED S MAR 1 V whr l 1 P0C2J0 MOMKRG A NEWMAM 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 3 ------------------------------------------------------------------------------------------------------------------------------ x FRED DOUGLAS and MARGARET DOUGLAS, 4 _ Plaintiffs, - against - . 5 ARMSTRONG WORLD INDUSTRIES, INC., formerly 6 ARMSTRONG CORK CO., A.P. GREEN REFRACTORIES COMPANY, AC&S, INC. (ARMSTRONG CONTRACTING & 7 SUPPLY), ANCHOR PACKING COMPANY, THE BABCOCK & WILCOX COMPANY, CELOTEX CORPORATION, The Successor 8 in Interest to Phillip Carey Manufacturing Company, Phillip Carey Corporation, Briggs 9 Manufacturing Company and Panacon Corporation, COMBUSTION ENGINEERING, INC., EAGLE-PICHER 10 INDUSTRIES, INC., FIBRE-BOARD CORPORATION (PABCO), THE FLINTKOTE CORPORATION, GAF CORPORATION, 11 H.K. PORTER COMPANY, INC., the successor in interest to Southern Textile Corporation, formerly 12 Southern Asbestos Company JOHN CRANE-HOUDAILLE, INC., NICOLET, INC. Individually and as Successor 13 to Keasby & Mattison Corporation, OWENS-CORNING FIBER-GLASS CORPORATION, OWNES-1LLINO IS INC., 14 PITTSBURGH-CORNING CORPORATION, RAYMARK INDUSTRIES, INC., Successor in interest to 15 Raybestos Manhattan Inc., ROCK WOOL MANUFACTURING CO., INC., SOUTHERN TEXTILE CORPORATION, TURNER & 16 NEWALL, PLC Individually and as Successor to Keasby & Mattison Corporation, ATLAS TURNER, INC., 17 FOSTER WHEELER ENERGY CORPORATION, BASIC, INC., UNITED STATES MINERAL PRODUCTS COMPANY, UNITED ' 18 STATES GYPSUM COMPANY, SPRAYON INSULATION & ACOUSTICS, INC., ASBESTOS CORPORATION LTD., 19 BELL ASBESTOS MINES LTD., CASSIAR MINING CORPORATION, a division of Cassiar Mining Ltd., 20 formerly Cassiar Asbestos Corp., Ltd., CHARTER CONSOLIDATED INVESTMENTS LTD., LAC d*AMIANTE DU 21 QUEBEC LTEE, subsidiary of ASARCO formerly Lake Asbestos of Quebec Ltd., and CAREY-CANADA CORP., 22 Defendants. . ---------------------------- ------------------------------------------------------------------------------------------------- X 23 P.D. REPORTING CO., INC. 24 Computer-Aided Transcription By: Registered Professional Reporters 25 225 Broadway New York, New York 10007 P.D. REPORTING CO., INC. (212-571-2001) 2 1 2 3 4 February 29, 1988 11:00 A.M. 5 6 7 EXAMINATION BEFORE TRIAL of ROY WHITTAKER, 8 taken by the respective parties,, held at the 9 offices of Morris J. Eisen, 233 Broadway, New 10 York, New York, on February 29, 1988, at 11:00 11 A.M., before MARIA RAGUSA, a Notary Public for and 12 within the State of New York. 13 14 15 16 17 18 19 20 21 22 23 24 25 P.D. REPORTING CO., INC. (212-571-2001) 3 1 2 3 APPEARANCES: 4 MORRIS J. EISEN, P.C., 5 Attorney for Plaintiffs 233 Broadway 6 New York, New York BY: JOAN GASIOR, ESQ., of Counsel and 7 MICHAEL KELLEY, ESQ. 950 Public Square 8 Cleveland, Ohio 44113 *' 9 MARK L. MANEWITZ, ESQ., 10 Assistant General Counsel Attorney for Defendant, Garlock, Inc. 11 Colt Industries, Inc. 430 Park Avenue 12 New York, New York 10022 13 ANDERSON, RUSSELL KILL & OLICK, P.C., 14 Attorneys for Defendant, ACF 666 Third Avenue 15 New York, New York 10017 BY: STEVEN COOPER, ESQ. Of Counsel 16 17 SHEA & GARDNER, ESQS., Attorneys for Defendant, Cassiar Mining 18 1800 Massachusetts Avenue, N.W. Washington, D.C. 20036 19 BY: DAVID BOOTH BEERS, ESQ., of Counsel and JOHN R. COOKE, ESQ., of Counsel 20 21 PORZIO, BROMBERG, NEWMAN & BAUMEISTER, ESQS., Attorneys for Defendant, LAQ - 22 One Exchange Plaza . New York, New York 10006-3008 23 BY: D. JEFFREY CAMPBELL, ESQ., of Counsel 24 25 P.D. REPORTING CO., INC. (212-571-2001) 1 2 APPEARANCES CONTINUED: 3 SHEARMAN & STERLING, ESQS., Attorneys for Defendant, Charter 4 Consolidated Investments Limited 153 East 53rd Street 5 New York, New York 10022 BY: JOSEPH F. HAGGERTY, ESQ., of Counsel 6 7 GEORGE W. NASH, ESQ., Attorney for Defendant,_ 8 Crown Cork & Seal Co., Inc. 211 West 56th Street - Suite 11-J 9 New York, New York 10019 10 HEIDELL, PITTONI, MURPHY & BACH, P.C., 11 Attorneys for Defendant, Anchor Packing 100 Park Avenue 12 New York, New York 10017 BY: STEWART A. CUNNINGHAM, ESQ., of Counsel 13 14 KAPLAN, OSHMAN, HELFENSTEIN & MATZA, ESQS., Attorneys for Defendant, Grace 15 116 John Street New York, New York 16 BY: HEIDI YOUNG, ESQ., of Counsel 17 BARRY, McTIERNANE & MOORE, ESQS., 18 Attorneys for Defendant, John Crane 115 Broadway 19 New York, New York 10006 BY: JAMES L. MOORE, ESQ. 20 21 DAVIS, MARKEL & EDWARDS, ESQS., Attorneys for Defendant, 22 Eagle-Picher. Industries, Inc., 100 Park Avenue 23 New York, New York 10017 BY: RICHARD A. SOLOMON, ESQ., of Counsel 24 25 P.D. REPORTING CO., INC. (212-571-2001) 5 1 2 3 STIPULATIONS 4 5 IT IS HEREBY STIPULATED AND AGREED 6 by and between the attorneys for the 7 respective parties herein, that filing, 8 sealing and certification be and the same 9 are hereby waived. 10 IT IS FURTHER STIPULATED AND AGREED 11 that all objections, except as to the form 12 of the question, shall be reserved to the 13 time of the trial. 14 IT IS FURTHER STIPULATED AND AGREED 15 that the within deposition may be signed 16 and sworn to before any officer authorized 17 to administer an oath, with the same force 18 and effect as if signed and sworn to before 19 the Court. 20 21 * 22 23 24 25 P.D. REPORTING CO., INC. (212-571-2001) 6 1 2 3 ROY WHITTAKER, having first been 4 duly sworn by a Notary Public for and within the 5 State of New York, upon being examined, testified 6 as follows: 7 EXAMINATION BY 8 MR. KELLEY: " 9 MR. KELLEY: This deposition is being 10 taken in accordance with notice of deposition 11 filed in the case of Fred Douglas and Margaret 12 Douglas, plaintiffs, versus Armstrong World 13 Industries, Inc., et. al. United States District 14 Court, Southern District of New York. 15 I have a waiver of defective notice. 16 Anybody object to that? 17 (No response) 18 MR. KELLEY: Can you enter into 19 stipulation that an objection by one defendant is 20 objection for all? 2 1 (All attorneys agree) 22 Q.' Sir, would you -- . 2 3 MR. MANEWITZ: Before you start, I want 24 on the record, that Garlock, Inc. is here Pursuant 25 to a 30B6 notice, and is producing Mr. Whittaker P.D. REPORTING CO., INC. (212-571-2001) 7 1 WHITTAKER 2 for purposes of identifying purchases which were 3 made by Garlock during the period 1960 through 4 1970, as identified in your notice, and he's 5 produced for that purpose. 6 MR. KELLEY: Okay. 7 Q . Sir, you want to state your name for the 8 record? 9 A. Roy Whittaker. 10 Q. Where do you currently reside? 11 A. 790 W. Lake Road, Canandaigua, New York 12 14424 . 13 Q. Are you currently employed? 14 A. Yes. 15 Q. Who are you employed with? 16 A. Garlock, Inc. 17 Q. Where is that location of your employer? 18 A. 1666 Division Street, Palmyra, New York. 19 . Q. How long have you been so employed? 20 A. 34 years. 21 Q. Starting when, 19-- 22 A. '53 . . 2 3 Q. '53 . 24 Q. What is your current position? 25 A. Director of engineering for industrial P.D. REPORTING CO., INC. (212-571-2001) 8 1 WHITTAKER 2 gaskets. 3 Q. How long have you served in that 4 position? 5 A. Approximately a year and a half. 6 Q. And prior to that what was your position 7 with Garlock, Inc. 8 A. Director of engineering for industrial 9 packing. . 10 Q. How long did you serve in that position? 11 A. Approximately two years. 12 Q. And prior to that what was your position 13 with Garlock, Inc.? 14 A. Director of engineering. It was also 15 industrial packing, at that time, but it was -- it 16 was -- includes quality control. 17 Q. How long did you serve in that position? 18 A. I don't remember the years. 19 Q. Approximately? 20 A. About three years. 21 Q. And prior to that time what was your 22 position with Garlock, Inc. . 2 3 A. Director of engineer -- manager of 24 engineering for compression packings. 25 Q. How long did you serve -- P.D. REPORTING CO f INC. (212-571-2001) 9 1 WHITTAKER 2 A. Two year s. 3 Q. Pr ic>r to that what was your position 4 with Gar lc)ck, Inc. 5 A. Manager of engineering serv ices. 6 Q. And how long did you serve in that 7 position? 8 A . About three years. 9 Q. Pr ic)r to that what was your position 10 with Garlc3Ck , Inc. 11 A. Maneiger of quality control. 12 Q. And how long did you serve in that 13 pos il:ion? 14 A . About th ree years. 15 Q. And what was your position just prior to 16 that with Garlock, Inc. ? 17 A. Qua;Lity control engineer. 18 Q. And how long did you serve in that 19 posiition? 20 A. I don't remember how long. 21 Approximately two years, I guess. 22 Q. Pr itar to that .what was your position 2 3 with Garliock, Inc. 24 A. Fortsraan of quality control. 25 Q. How long did you serve in that position? P.D. REPORTING CO., INC. (212-571-2001) 10 1 WHITTAKER 2 A. About five years. 3 Q. Prior to that did you have a position 4 with Garlock, Inc. 5 A. Prior to that I was -- Prior to that I 6 was an hourly paid employee. 7 Q. And how long did you serve as an hourly 8 paid employee? 9 A. About ten years. 10 Q. And what types of jobs did you do as 11 hourly paid employee? 12 A. I was -- worked in the cut-gasket, 13 department building, would pack dyes, as a mobile 14 operator, which I learned all the jobs for cutting 15 gaskets. And following that I worked in the 16 warehouse; following that I was -- worked as a 17 quality control inspector. 18 Q. Just so the record is clear, we now 19 covered all your employment history with Garlock, 20 Inc. ? 21 A. Yes. 22 Q. Dating back to approximately '53? 23 A. Yes. 24 Q. I am handing you what has been marked, 25 for purposes of identification, as Plaintiff's P.D. REPORTING CO., INC. (212-571-2001) 11 1 WHITTAKER 2 Number 1. 3 Can you identify that for us, if you 4 would, please. 5 (A DOCUMENT WAS RECEIVED AND MARKED 6 PLAINTIFF'S EXHIBIT 1, FOR 7 IDENTIFICATION, AS OF THIS DATE.) 8 A. Yes. It is a subpoena to Garlock, Inc. 9 Q. Are you here today in response to that 10 subpoena? 11 A. Yes . 12 Q- And in response of that subpoena would 13 you notice, take a look at Appendix A, that is 14 attached to the subpoena, please? 15 A. Yes. 16 Q. And have you, in response to the 17 attached Appendix A, which is a request for 18 documents , have you brought documents with you 19 today? 20 A. I brought examples of documents. 21 Q. And why is it you brought examples of 22 documents today? . 23 A. Because the number of documents would 24 probably be included, required. 2 5 Q. And where are those documents located? P.D. REPORTING CO., INC. (212-571-2001) 12 1 WHITTAKER 2 A. If they are available they are in 3 Palmyra, New York. 4 Q. Are they kept by a record custodian in 5 Palmyra, New York? 6 A . Yes. 7 Q. What is the procedure that Garlock, Inc. 8 currently has for the maintenance of their 9 business records if you know? 10 A. We have a record retention; normally 11 lasts five years, seven years, in some cases, like 12 if they are government documents. 13 Q. Who is the individual who is in charge 14 of the records for Garlock, Inc. in Palmyra, New 15 York? 16 A . Mr. Schaffer. 17 Q. And did you consult with Mr. Schaffer in 18 response to Plaintiff's Exhibit Number 1, the 19 subpoena, in finding these records? 20 A. No, I didn't. 21 Q. Did you consult with anyone? 22 A . Yes, Dick Watson. 23 Q. Who is he? 24 A . He's our legal representative of Garlock 25 in Palmyra. P.D. REPORTING CO., INC. (212-571-2001) 13 1 WHITTAKER 2 MR. MANEWITZ: If I may make 3 clarification. 4 Mr. Watson is not an attorney, but he's 5 employed in the legal department. 6 Q. Did he assist you in gathering those 7 documents that you have brought with you here 8 today? 9 A. Yes. 10 Q. And what manner did he assist you? 11 A. Mr. Watson collected most of the 12 documents. 13 Q. And did he collect most of those 14 documents at your direction? 15 A . No . 16 Q. At whose direction did he collect those? 17 A. I believe Mr. Manewitz. 18 Q. Who is Mr. Manewitz, just so the record 19 is clear? 20 A. Colt, legal. 21 Q. He is your legal counsel? 22 A. Yes. 23 Q. And for purposes of identification, I'm 24 going to show you what has been marked as 25 Plaintiff's Exhibit 2. Would you please identify P.D. REPORTING CO., INC. (212-571-2001) 14 1 WHITTAKER 2 that document for us 3 (A DOCUMENT WAS RECEIVED AND MARKED 4 PLAINTIFF'S EXHIBIT 2, FOR 5 IDENTIFICATION, AS OF THIS DATE.) 6 A. It is Garlock Purchases of Asbestos 7 Fibre, 1965 through 1979. 8 Q. And you have that in front of you? 9 A. Yes. 10 Q. Please, refer to that as we go through 11 that. ' 12 Do you know how this document was 13 formulated or kept? 14 A. By our purchasing department. 15 Q. And could you please, starting with the 16 first entry, which I believe is AA and says. 17 Asbestos fibre BL-TR, can you tell us what that 18 means, what that entry means, the first entry? 19 A. As Asbestos fibre and gives class 20 designation. 21 Q. And what is that, class designation, 22 mean? If you know. . 23 A. I don't know on that one. 24 Q. What about the next one, AB, which is 25 Blue Fibre? P.D. REPORTING CO., INC. (212-571-2001) 15 1 WHITTAKER 2 A. It is -- all I know is just Blue 3 Asbestos Fibre. 4 Q That's a type of fibre? 5 A. Type of fiber. 6 Q. Purchased by Garlock? 7 A. Yes . 8 Q. And under the heading, 1965, there are 9 various notations on the first page of Plaintiff 10 Exhibit Number 2. What do those numbers reflect 11 under 1965? 12 A. Dollars purchased. 13 Q- Are there any records, to your 14 knowledge, that would demonstrate the tonage of 15 Asbestos purchased as opposed to dollars you've 16 provided here? 17 A. No, I'm not aware of the tonage. 18 Q. Are there any records that Garlock, In 19 still maintains that would show the tonage? 20 A. I'm not aware of them. 21 Q. To the best of your recollection the 22 records that are maintained are records__as . to 23 dollar purchases as opposed to tonage purchased. 24 is that correct? 25 A. Yes. P.D. REPORTING CO., INC. (212-571-2001) 16 1 WHITTAKER 2 Q. And to the best of your recollection and 3 knowledge, as a long time employee of Garlock, are 4 these records kept in the ordinary and usual 5 course of business by Garlock, Inc.? 6 A. Yes. . 7 Q. This record here. Plaintiff's Exhibit 8 1-- ` 9 Plaintiff's 2, how many sheets of paper 10 is Plaintiff's 2? 11 A. Two sheets. 12 Q. And would you, sir, indicate to us the 13 names of the Asbestos miners, I believe, and 14 producers, that are listed on Plaintiff's Exhibit 15 2 for us? Would you go right down the list of 16 that first column? 17 A. H.K. Porter, North American Asbestos 18 Corporation, Lake Asbestos of Quebec, Bell 19 Asbestos Mines Limited, Lake Asbestos of Quebec, 20 Bell Asbestos Mines Limited, Asbestos Corporation 21 Limited, Lake Asbestos of Quebec, National Gypsum 22 Company, Bell Asbestos Mines Limited, Asbestos 23 Corporation Limited, Lake Asbestos of Quebec, 24 National Gypsum Company; I believe it is Jaquay 25 Mining Corporation, BellAsbestos Mines Limited, P.D. REPORTING CO., INC. (212-571-2001) WHITTAKER Ruberoid Company, Lake Asbestos of Quebec, Johns-Manville Sales Corporation, Westwood Chemical Company, Incorporated, National Gypsum Company, Jaquay Mining Corporation, Asbestos Corporation Limited, Lake Asbestos of Quebec, Westwood Chemical Company incorporated, Carey Canadian Mines Limited, Lake Asbestos of Quebec, Bell Asbestos Mines Limited, Lake Asbestos of Quebec, Carney Canadian, Bell Asbestos Mines Limited, Lake Asbestos of Quebec, Bell Asbestos Mines Limited, the Ruberoid Company, National Gypsum Company, Johns-Manville Sales Corporation Lake Asbestos of Quebec, Lake Asbestos of Quebec Canadian Johns-Manville, Johns-Manville Sales Corporation, Lake Asbestos of Quebec, Lake Asbestos of Quebec, Westwood Chemical Company Incorporated, Bell Asbestos Mines Limited, Lake Asbestos of Quebec, Bell Asbestos Mines Limited, Lake Asbestos of Quebec, Canadian Johns-Manville Johns-Manville Sales Corporation, and Ruberoid Company. Q. Mr. Whittaker, just so we are clear on this document, Plaintiff's number 2, it lists, a you have now indicated for the record, the names P.D. REPORTING CO. INC . (212-571-2001) 18 1 WHITTAKER 2 of various suppliers of Asbestos to Garlock; is 3 that correct? 4 A. That's correct. 5 Q. And I note that in each one of these 6 there is a different grade or fibre type; is that 7 correct? 8 A. That's correct. 9 Q. And as to that grade or fibre type 10 purchased from a company, that company is then 11 listed under that grade or fibre type; is that 12 correct? 13 A. That's correct. 14 Q. And then to the right of the fibre type 15 and listing of the company are the years 1965 16 through 1979; is that correct? 17 A. That's correct. 18 Q. And you have listed under each of those 19 years of the various sales of Asbestos fibres and 20 dollars; is that correct? 21 A. Purchase of dollars. 22 Q. To the best of your knowledge, having 23 reviewed the records of Garlock, and your own 24 personal knowledge as a long time employee of 25 Garlock, working your way up from an hourly P . D. REPORTING CO., INC. (212-571-2001) WHITTAKER employee to a management employee, does this document reflect all of the purchases of Asbestos fibre for Garlock between the years 1965 and 1979? A. I can't answer that. I'm not aware of any additional. Q. Best of your recollection, this does reflect all the purchases? ' A. To the best of my knowledge, yes. Q. Marked as Plaintiff's Number 3 for identification, would you take a look at that document and firstly tell us how many pages Plaintiff's 3 encompasses? A. Eight. Q. What is that document? A. It is a Material Purchase Specification for fibre. Q. So that we can refer together to this, you look off of that. A. Okay. Q. You've indicated that the title of this document is a Material Purchase Specification. Can you describe for us what that all really means? A. For each item that Garlock purchases we P.D. REPORTING CO., INC. (212-571-2001) 20 1 WHITTAKER 2 have a specification that tells the supplier what 3 the material is supposed to be, as far as material 4 makeup, and gives a composition of the material 5 and also gives the qualified vendors. 6 Q. And where did you find this document? 7 A. Garlock record retention. 8 Q. And did you bring this document in 9 response to the subpoena that appeared here today? 10 A. Yes. 11 Q. And is this document kept in the 12 ordinary usual course of business by Garlock 13 Incorporated? 14 A. Yes. 15 Q. And are there other such similar 16 documents, as this Material Purchase 17 Specification, in the records retention department 18 in Palmyra, New York, of Garlock, Inc.? 19 A. Yes. 20 Q. What would you estimate the number of 21 those documents to be? 22 A. I do not know. 23 Q. Would they fill up a room? 24 A. No. 25 Q. Would they fill up a file cabinet? . P.D. REPORTING CO., INC. (212-571-2001) 21 1 WHITTAKER 2 A. You are talking about purchase 3 specifications; yes. 4 Q. And how far back are you aware that 5 Garlock has maintained these Material Purchase 6 Specification records? . 7 A. I don't know how far back they go. 8 Q. I know this one is dated 10/1/68, so 9 this document goes back to '68; is that correct? 10 A. That's correct. 11 Q. Up at the top corner there? 12 A. Yes. 13 Q. And again, there are available for 14 inspection, same and similar Garlock Material 15 Purchase Specifications as exhibited here, by 16 Plaintiff's Exhibit Number 3; is that correct? 17 A. Yes. 18 (A DOCUMENT WAS RECEIVED AND MARKED 19 Plaintiff's EXHIBIT 3, FOR 20 IDENTIFICATION, AS OF THIS DATE.) 21 A. Yes. 22 QNow, again, calling your attentipn to 23 what has been marked for identification as 24 Plaintiff's Exhibit Number 1, and Appendix A, can 25 you state for us, going through each one of those P.D. REPORTING CO., INC. ( 2 12-57 1-2001) 22 1 WHITTAKER 2 documents listed on Appendix A, documents that 3 would be available for inspection to your 4 knowledge at Palmyra, New York, if you would start 5 with the first entry? 6 A. Purchase orders. 7 Q. Now, is that what we have here as - 8 marked as Plaintiff's Exhibit dumber 3? 9 A. No . 10 Q. No. 11 Are there in existence, purchase orders, 12 in addition to these Purchase Specifications that 13 you brought with you today? 14 A. I don't know if they are available. 15 Q. And did you search the records of 16 Garlock, Inc. for those? 17 MR. MANEWITZ: Off the record. 18 (A DISCUSSION WAS HELD OFF THE RECORD.) 19 MR. MANEWITZ: Just to be clear, at my 20 direction, Mr. Watson looked for such documents 21 and informed me on the telephone that he couldn't 22 find any purchase orders for the period between 23 1960 and 1970 since they had been destroyed under 2 4 the record retention policy. He thought -- it was 25 his thought that they had been destroyed. P.D. REPORTING C0-, INC. (212-571-2001) WHITTAKER We will continue to look, and if we find some we will produce them. Q. Mr. Whittaker, the second entry on there that requested you to bring with you contracts regarding purchase, delivery, supply, sale, and distribution concerning raw material suppliers of Asbestos during the period I960' to 1970, did you make a search for any of those records? A. I did not, personally. Q. At your direction did someone make a search for those records? A. I believe Mr. Watson did. Q. And are any of those records available for inspection at Palmyra, New York, to your knowledge? A. To my knowledge, I don't know whether they're available or not. Q. Had they been readily available you would have brought them here today; is that correct? A. That's correct. Q. The next entry, letters of agreement and credit regarding Asbestos and Asbestos containing products concerning raw material suppliers during P.D. REPORTING CO., INC. (212-571-2001) 1 WHITTAKER 2 the period 1960 through 1970, did you bringany 3 of those records with you here today? 4 A. I believe the same thing applies, that 5 if they were available, I would have brought an 6 example. 7 Q. Next, product numbers, unit numbers, log 8 numbers and batch numbers of Asbestos purchased 9 from raw material suppliers during the period of 10 1960 through 1970; did you search the records for 11 any of those type of documents? 12 A. I do not believe they are available. 13 Q. And would the closest thing to that, 14 being available, be what you have produced today, 15 what has been marked as Plaintiff's Number 2 for 16 identification? 17 . A. Yes. 18 Q. And, again, the next entry, jobbers 19 regarding sales and purchases of rawAsbestos for 20 the period 1960 through 1970, and in response to 21 that, can we again assume, is that Plaintiff's 22 Exhibit Number 2, is responsive to that request? 23 A. Yes. 24 Q. And nextis, specifications that buyer 25 supplied to seller regarding raw Asbestos during P.D. REPORTING CO I INC . (212-571-2001) 1 WHITTAKER 25 2 the period 1960 through 1970. Did you search the 3 records for those? 4 A. Our Material Purchase Specification 5 would satisfy that. 6 Q. What you have brought here today, and is 7 marked as Plaintiff's Exhibit Number 3, complies 8 with that request? 9 A. Yes. 10 Q. And again, you've stated to us that 11 there are records available for inspection at 12 Palmyra, New York, that deal with Material 13 Purchase Specifications? 14 A. Yes, if they are available. 15 Q. And what you brought us today is a 16 sample of what those records are; is that correct? 17 A. Yes . 18 Q. And this record was dated, again, 1968, 19 so that we know at least there are some records 20 dating back to 1968? 21 A. Correct. 22 Q. Next entry is, application notices 2 3 regarding formulations, handling, usage, health 24 instructions and precautions to take regarding raw 2 5 Asbestos and Asbestos products during the period P.D. REPORTING CO., INC. (212-571-2001) 26 1 WHITTAKER 2 1960 through 1970. Did you search the records in 3 response to that request? 4 A. I believe' Mr. Watson did a search for 5 those requests. 6 Q. Did he find anything?. 7 A. Not to ray knowledge. 8 Q. Just a few more questions, sir. 9 Mr. Whittaker, these questions are based 10 not on the records you brought here today but your 11 personal experience with Garlock, Inc. These 12 purchases of raw Asbestos fibres from the 13 companies named on Plaintiff's Exhibit Number 2, 14 do you know from your own recollection whether or 15 not the raw Asbestos was, in fact, received at 16 Palmyra, New York? 17 A. Yes. 18 Q. And is that the central point of 19 Garlock, Inc. for the receipt of Asbestos fibres? 20 A. Yes. 21 Q. And are all the Asbestos fibres that are 22 purchased, as reflected by Plaintiff's Exhibit 23 Number 2, are they all used at Palmyra, New York? 24 A. Yes. 25 Q. They are not shipped out to any other P.D. REPORTING CO., INC. (212-571-2001) 27 1 WHITTAKER 2 facility? 3 A. No. 4 Q. Is Palmyra, New York, the main facility ' 5 for Garlock, Inc. in terms of the manufacture of 6 Asbestos containing products? 7 A. Yes. . * 8 Q. Are there any other facilities where 9 Garlock Incorporated manufactures Asbestos 10 contained products in the United States? 11 A. Not within the United States. 12 MR. KELLEY: Okay. I have nothing 13 further. 14 EXAMINATION BY 15 MR. COOPER: 16 Q. Mr. Whittaker, referring to Plaintiff's 17 Exhibit 2, did you prepare this document? 18 A. No, I did not. 19 Q. Do you know who prepared it? 20 A. Our purchasing department. 21 Q. Do you know specifically who in the 22 purchasing department? . 23 A. Mr. Ray Davis. 24 Q. And what is Ray Davis' position at 25 Garlock? P.D. REPORTING CO. TNC. (?1 7-S71 - 200 1 \ 28 1 WHITTAKER 2 A. Director of purchasing. 3 Q. How long has he been director of 4 purchasing? 5 A. He has been with Garlock approximately 6 four years. 7 Q. In that position? 8 A. Yes. ' 9 Q. Do you know if anyone assisted Davis in 10 preparing this document? 11 A. No, I do not know. 12 Q. Do you know when this document was 13 prepared? 14 A. Within the last two weeks. 15 MR. CAMPBELL: Within the last two weeks. 16 THE WITNESS: Two weeks. 17 Q. Were you present at all while Mr. Davis 18 prepared this document? 19 A. No. 20 Q. Did you assist him any way in preparing 21 this document? 22 A. No. 23 Q. Do you know how Mr. Davis prepared this 24 document? 25 A. From what files he has available. P.D. REPORTING CO., INC. (212-571-2001) 29 1 WHITTAKER 2 Q. Which files would those be? 3 A. The purchasing, purchased goods. 4 MR. MANEWITZ: Off the record. 5 (A DISCUSSION WAS HELD OFF THE RECORD.) 6 Q. Did the information that appears on 7 Plaintiff's 2 come from computer tapes that are 8 available at Garlock? *' 9 A. I'm not sure -- all I would say, files, 10 whether computer tapes or cardex type file -- 11 Q. Are these cardex type files in Palmyra 12 New York? 13 A. Yes. 14 Q. Do you know if Mr. Davis looked 15 elsewhere outside of Palmyra, New York, in 16 preparing this document? 17 A. I do not know. 18 Q. Do you know if Mr. Davis looked anywhere 19 besides the cardex or computer printout in 20 preparing this document? 21 A. No . 22 Q. You don't know? 23 A. I don't know. 24 Q. Mr. Whittaker, in all the various 25 that you had at Garlock, were you ever in a P.D. REPORTING CO., INC. (212-571-2001) WHITTAKER position to know what raw fibres were being purchased at Garlock, at any time? A. Yes. Q. Which jobs were you working in when you were privy to that information? A. Quality control engineering. Q. Director of engineering for industrial packing and quality control? A. Packing, quality control and gasket. Q. Would those be the last three jobs you maintained at Garlock? A. That would be prior to that. Q. Presently you are director of engineering for gaskets? A. Correct. Q. Your position in that job is to know what raw Asbestos fibres are purchased by Garlock? A. Yes. Q. Are you in a position to know that information as when you were director of engineering for industrial packing? A. Yes. Q. When you were director of engineering for industrial packing and quality control? P.D. REPORTING CO., INC. (212-571-2001) 31 1 WHITTAKER 2 A. Yes . 3 Q. When you were, I believe, manager of 4 engineering for compression packings? 5 A. Yes. 6 Q. When you were manager, of engineering 7 services? 8 A . No. 9 Q. When you were manager of quality 10 control? 11 A. Yes . 12 Q. When you were quality control engineer? 13 A. No . 14 Q. When you were foreman for quality 15 control? 16 A. No. 17 Q. And when you were an hourly paid 18 employee were you privy to that information? 19 A. No. 20 Q. While you were manager for quality 2 1 control what were your job responsibilities in 22 relation to the fibre, raw fibre, that was 23 purchased by Garlock? 24 A. Receiving, inspection. 25 Q. Could you elaborate on that? P.D. REPORTING CO., INC. (212-571-2001) 32 1 WHITTAKER 2 A. Checking the fibre to purchase 3 specification,Material Purchase Specification, 4 which is Exhibit 3. 5 Q. Is it true you would see' the fibre as 6 soon as it arrived at the Garlock plant; is that 7 correct? 8 A. I would or my people would, the people 9 that reported to me. 10 Q. While you were manager of quality 11 control did you generally inspect the fibre 12 yourself -> 13 A. No . 14 Q. That was generally done with the people 15 who worked for -- 16 A. Yes. 17 Q. Did you ever check the fibre yourself? 18 A. No. 19 Q. Did you ever check the fibre that 20 arrived at Garlock during any of the job positions 21 that you held? 22 A. Myself, no. . 23 Q. Besides checking the fibre for 24 soecific ations did you ever have any other j ob * 25 responsibilities related to the purchase of raw P.D. REPORTING CO., INC. (212-571-2001) 33 1 WHITTAKER 2 fibre? 3 A. My responsibility as director of 4 engineering for industrial gasket. 5 Q. And what type responsibilities did you 6 have in relation to the purchase of raw fibre? 7 A. Restate that. 8 Q. You stated, during the time you were 9 director of engineering for industrial gaskets, 10 you had some responsibilities related to the 11 purchase of raw fibres; is that correct? 12 A. For the engineering uses of raw fibres. 13 Q. What were those job responsibilities? 14 A. For formulating products. 15 Q. Could you elaborate a little on that for 16 me? 17 A. The compressed gasketing consists of 18 fibres, fillers and several other ingredients in 19 taking the Asbestos fibre -- whatever fibre is 20 retired, and formulating it to get the right 21 consistency, right dough, to make a right . 22 compressed gasket material. 23 Q. You over saw that process? 24 A. Yes. 25 Q. Did you ever see the packaging that any P. D REPORTING CO. INC. (212-571-2001) 34 1 WHITTAKER 2 of the raw fibre arrived in when doing that? 3 A. Yes. 4 Q. Do you recall names of the suppliers of 5 that raw fibre? 6 A. Yes. 7 Q. What were those names? 8 A. I read some of them to you. 9 Q. Which ones, specfically, do you recall 10 independently seeing? 11 A. Lake Asbestos of Quebec, Lake Asbestos 12 of Quebec is the name that I even -- 13 MR. CAMPBELL: The only one or main one? 14 THE WITNESS: Main one. 15 Q. Looking at Plaintiff's 2, now, do you 16 recall seeing any other manufacturers names when 17 you oversaw the process of formulating the 18 products? 19 A. North American Asbestos Corporation. 20 Those are two. 21 Q. Sir, did you ever actually purchase or 22 request the purchase of any specific raw Asbestos 23 fibres during any of your years at Garlock? 24 A. No . 25 Q. Was this list. Plaintiff's 2, prepared P.D. REPORTING CO., INC. (212-571-2001) 35 1 WHITTAKER 2 specifically for purposes of this deposition here 3 today in response to the subpoena? 4 A. I'm not sure whether it was specific for 5 this deposition or not. 6 Q. Referring to what is marked as 7 Plaintiff's 3, specifically the approved vendor 8 list portion, could you describe for me what an 9 "approved vendor list" is at Garlock? 10 A. Yes. It is where purchased ingredients 11 or supplies are tried in a product. 12 Q. What? 13 A. Tried in a product, formulation, and if 14 they process well and they give the finished 15 product that Garlock wants, by then they can be 16 put on the approved vendors' list. 17 Q. And when a manufacturers' product 18 appears on the approved vendors' list what does 19 that mean in the future? 20 A. That gives the purchasing department the 21 right to purchase from whatever vendor they wish. 22 Q. Does the appearance of a company's name 23 on the approved vendor list necessarily mean that 24 products were purchased from that particular 25 supplier? ' P.D. REPORTING CO., INC. (212-571-2001) 36 1 WHITTAKER 2 A. In most cases they are purchased from 3 that list. 4 Q. But the appearance of the name on the 5 approved vendor list does not necessarily-- the 6 products were purchased -- doesn't designate that 7 specific products were purchased from a particular 8 supplier; is that correct? 9 A. Correct. 10 Q- Am I correct, the only approved vendor 11 list, in Plaintiff's 3, is what appears on page 4; 12 is that the only one? 13 A. That's correct, yes. 14 Q. This is just an example of an approved 15 vendors' list; is that correct? 16 A. Yes . 17 Q. There are others? 18 A. There are others. There are others. 19 Q. And to the extent there are others 20 available , those would be maintained at Palmyra, 21 New York? 22 A; Yes . 23 Q. Sir, do you know whether or not Garlock 24 maintains records that would indicate at what 25 price particular raw Asbestos fibre products were P.D. REPORTING CO., INC. (212-571-2001) 37 1 WHITTAKER 2 purchased at a given time? 3 A. I'm not aware. I'm not familiar with 4 that. 5 Q. During your years at Garlock, did your 6 job responsibilities ever include the maintenance 7 of Garlock records? 8- A. No. " 9 Q. One last thing, referring to the last 10 entry on Plaintiff's Exhibit 2, what is the 11 heading "miscellaneous and experimental" refer to, 12 if you know? 13 A. They might have been special grades of 14 fibre that are used for engineering purposes. 15 Q. What do you mean engineering purposes? 16 A. To develop our product. 17 Q. Product that wasn't presently being 18 manufactured? 19 A. Develop or revise. 2 0 MR. COOPER: That's all I have at the 21 present time. 22 MR. BEERS: Mr. Manewitz, can I ask as 23 to the scope of this questioning; besides the 24 notice, I believe it said, simply, the subject 25 matter with respect to Mr. Douglas' exposure to P.D. REPORTING CO., INC. (212-571-2001) 38 1 WHITTAKER 2 Asbestos, I'm assuming-- could you give me some 3 guidance as to your understanding of the scope of 4 the deposition? For example, plan layout would be 5 relevant, dust control would be relevant. I don't 6 care when we get the information whether or not 7 today. I didn't want to trespass under your 8 understanding that you've made/ 9 MR. MANEWITZ: Well, as I understood it, 10 the first need for deposition on this was the 11 products, the identification of the suppliers; and 12 Mr. Whittaker was supplied for that purpose. 13 Beyond that I have no agreement with Mr. Kelly or 14 anyone in this office about taking depositions to 15 further discovery if necessary. 16 MR. KELLEY: That's correct. 17 MR. BEERS: Well, unless you take the 18 position that I will be going beyond the scope of 19 the notice, I will continue to ask him on these 20 areas. As I said I don't care doing it some other 2 1 time or with the right witness. I'm not trying to 22 take advantage of him being here if you brought 23 him here for other purposes. 24 MR. MANEWITZ: He is here for another 25 purpose. If you wish to go into those areas I P.D. REPORTING CO., INC. (212-571-2001)' 39 1 WHITTAKER 2 might ask for a recess to consider whether or not 3 this is the right witness for that purpose. He is 4 brought here basically to identify product 5 purchases. 6 MR. BEERS: Shall I make an offer. 7 MR. MANEWITZ: Before we do that, I 8 would ask if anybody has any other questions 9 before we do that. 10 MR. BEERS: And I have a few no matter 11 what the scope is. 12 MR. CAMPBELL: I've got a few supply 13 questions also, but I would like to reiterate what 14 Mr. Beers said. 15 I have some extensive questioning 16 relating to Mr. Douglas' exposure in the plant 17 that might or might not be within the knowledge of 18 this witness, and I would happy to go forward 19 today and ask those questions, but I reserve my 20 right to ask those questions in the near future if 21 Mr. Whittaker is not the proper witness. I 22 understood this was a broad deposition on supply 23 and dust conditions in the Palmyra plant. 24 MR. MANEWITZ: Well, that's not the 25 purpose for which the witness is -- P.D. REPORTING CO., INC. (212-571-2001) 40 1 WHITTAKER 2 MR. CAMPBELL: Fine. I am saying, if 3 not today -- 4 MR. KELLEY: Off the record. 5 (DISCUSSION WAS HELD OFF THE RECORD.) 6 EXAMINATION BY :7 MR. BEERS 8 Q. Mr. Whittaker, tell me again, because - 9 what you were doing in about 1965? 10 A. 1965 I was quality control. 11 Q. Did that include Asbestos contained 12 products? 13 A. No . 14 Q- What did it include? 15 A . Well, I have to correct that. Yes, it 16 did. It included the finished product. 17 Q. And just without going through a lot of 18 description, what are those finished products? 19 A. Compressed. 20 Q. You were responsible for? 2 1 A. Compressed gasketing, compressioned 22 sheet gasketing. . 23 Q. Is that contained Asbestos-24 A . Yes . 25 Q. Were there.any other products that you P. D . REPORTING CO., INC. (212-571-2001) 1 WHITTAKER 41 2 were responsible for? 3 A. No . 4 Q. So, now, you said you were in quality 5 control? 6 A. Yes. ' .. 7 Q. What was your position? 8 A. If my memory is correct, I believe* I 9 was the quality control foreman at that time. 10 Q. Now, you started in '53? 11 A. Yes. 12 Q. As an hourly employee? 13 A. Yes . 14 Q. And then in the course, for about ten 15 years? 16 A. Right. 17 Q. So you think by 1969 you would have gone 18 up to foreman? 19 A. Yes. 20 Q. 1965 you would have gone up to foreman? 21 A. 1965. 22 Q-. And then between '65 and '70 would you 23 have become a quality control engineer? 24 A. No, I believe I was still foreman during 25 that period. P.D. REPORTING CO., INC. (212-571-2001) 42 1 WHITTAKER 2 Q. All right, and where did you work as a 3 foreman? 4 A. Where in the plant? 5 Q. Yes? . 6 A . I had most of the plant for inspection, 7 quality control inspection. 8 Q. You didn't work in an office? 9 A. No . 10 Q. Now, I didn't want to go into detail -- 11 How many buildings are there where the 12 manufacturing is done? 13 A. Total Palmyra plant? 14 Q. Well, let's confine it to -- yes, total 15 first. 16 A. About 25 buildings. 17 Q. And how many of those made Asbestos 18 containing products, in how many of those? 19 A. Where Asbestos containing products are 20 made? Two. 21 Q. What were they called? 22 A. Compressed sheet development and. 23 cut-gasket. 24 Q. Would this be true from '65 to '70? 25 A. Yes . P.D. REPORTING CO., INC. (212-571-2001) 43 1 WHITTAKER 2 Q. Now, in which of those buildings did you 3 work? 4 A. Both of them. 5 Q. You, responsible for both? 6 A. Yes. 7 Q. Did you have -- responsible for any of 8 the other 23 buildings? 9 A. Yes . 10 Q- As well as those two? 11 A. Yes . 12 Q. Did your responsible run plant wide? 13 A. Plant wide, for awhile. 14 Q. How much ground are we talking about for 15 these 25 buildings, roughly. Give me some idea of 16 -- scope here? 17 A. Ten acres. 18 Q- And how far away from each other were 19 the two buildings in which Asbestos products were 20 - 2 1 A. A few hundred feet. 22 Q. Now, this is a little abstract. . 23 Were they close to some of the other 24 buildings in the facility as opposed to being off 25 in a corner by themselves? P.D. REPORTING CO., INC. (212-571-2001) 44 1 WHITTAKER 2 A. Most buildings are adjoining one 3 another. 4 Q. Where these two adjoining one another? 5 A. No. 6 Q. Did they adjoin other buildings? 7 A. Yes. 8 Q. That's the detail we won't go into 9 today. Did you know Mr. Fred Douglas? 10 A. No. 11 Q. Do you have any idea where he worked? 12 A. No. 13 Q. I mean any idea at all? 14 A. No, I'm not sure where he worked. 15 Q. Do you know who was head of personnel at 16 the time between '65 and '70? 17 A. No. We've had a number of changes. I 18 don't remember. 19 MR. BEERS: Excuse me just a second. 20 (DISCUSSION WAS HELD OFF THE RECORD.) 21 Q. Let's go back to purchasing fiber, who 22 would have been involved in the decision to 23 purchase fibre between '65 and '70? Do you have 24 any recollection? First tell me by starting what 25 types of people -- rather than who had those jobs. P.D. REPORTING CO., INC. ( 2 12-571-2001) 1 WHITTAKER 45 2 where was the decision made? 3 A. Engineering, product engineer. 4 Q. Product engineer. Is that a department? 5 A. Yes . 6 Q. Would that -- where would that be 7 1ocated? Where was it located? 8 . A. At the main plant, Palmyra. 9 Q. Which of those many buildings? 10 A . All I can say is, up front. 11 Q. Would the engineering department be in 12 the building -- the two buildings where Asbestos 13 14 A. No, no. 15 Q. There was some sort of main 16 administrating building? 17 A. Yes, but still connected. 18 Q. Do you remember who was in charge of 19 that department between '65 and '70? 20 A. No. 21 Q. How would I go about finding that out? 22 A. We can supply that to you. . 23 Q. Okay . 24 Would there be a number of people in the 25 engineering department that made the decisions as ' P. D. REPOPTTvrr, rn . tnr nn-7i-5nrm 46 1 WHITTAKER 2 to what kind of fibre you bought? 3 A. Yes. 4 Q. Was there a separate purchasing 5 department? 6 A. Yes . 7 Q. And would they actually place the orders 8 for raw materials? 9 A. Yes. 10 Q. Do you remember who was in charge of 11 that department from '65 to '70? 12 A. Mr. Ed Hardy. 13 Q. Mr. Ed -14 A . Hardy. 15 Q. H-A-R-D-Y? 16 A. Yes . 17 Q- Is Mr. Hardy still with the company? 18 A . No. 19 Q. Is he still living? 20 A. Yes. 21 Q. Where is he living? 22 A; In North Carolina. . 23 Q. Retired? 24 A. Yes. 25 Q. Is there anyone else in the purchasing P.D. REPORTING CO., INC. (212-571-2001 47 1 WHITTAKER 2 department who would have been familiar with the 3 ase of As bestos fibre between ' 65 and '70, 4 than Mr. Hardy, which you can now recollect? 5 A. Yes. Mr, Fred Black. 6 Q. Is M r. Black still with Ga.rlo ck? 7 A. No . 8 Q. Is h e still living? *' 9 A. No. 10 Q. How long ago did he die? 11 A . I do not know. 12 Q. Did he have and assistant who would have 13 known something about purchasing of Asbestos 14 fibre? 15 A. I'm not aware. 16 Q. Now, can you think of anybody back in 17 the '60's who would know about prices per ton of 18 fibre purchased other than say Mr. Hardy? 19 A. I would say it would be the purchasing 20 department, Mr. Hardy's department. 21 Q. Would anybody in engineering know about 22 that? 23 A. It is not likely unless the -- revising 24 a product or developing a new product. 25 Q. And took the cost into account? P.D. REPORTING CO., INC. (2 12-57 1-2001) WHITTAKER A. Right. Q. So we would have to ask people in engineering about that? A. Yes. Q. Now, is it your understanding that accept for the computer tapes of dollar purchases, that you think was used to make' up the Exhibit 2, the chart, that Garlock doesn't have any other . records on specific purchases of fibre? A. This is the only one I'm aware of right now. MR. BEERS: And I didn't want -- is that your understanding too? MR. MANEWITZ: That's my understanding that the search -- this is all that turned up. If there is anything else we would have brought it. Q. In the two buildings where they did manufacture Asbestos containing products are there types of positions where men or women would know what kind of fibre was being used? A. Yes. Q. What kind of positions would those be? A. Supervisory position, like foreman or P.D. REPORTING CO., INC. (212-571-2001) 49 1 WHITTAKER 2 supervisor. 3 Q. Would there be a production foreman th 4 would know -- can you narrow that anymore? 5 A. That was what I was referring to. 6 production foreman. 7 Q. Anybody else? 8 A. Production control clerks. 9 Q. Production control clerks? 10 A. Yes . 11 Q. Is that something like planning and 12 scheduling;? 13 A. Yes . 14 Q. And they are salaried employees? 15 A. Yes. 16 Q. And who would I ask to find out who 17 filled those types of positions in the '65 to 1 18 groups? 19 A. That would be Mr. Watson or our 2 0 personnel department. 21 Q. I1m sorry? 22 A. Our personnel .department. 23 Q. Mr. Watson? 24 A. He would work in our personnel 25 department to obtain -- P.D. REPORTING CO. INC. (212-571-2001) 1 WHITTAKER 50 2 Q. Mr. Watson is - 3 MR. MANEWITZ: Paralegal. 4 Q. Can you think of anybody, anybody here 5 today, as you sit here, who goes back that far in 6 either -- among the production foreman or 7 production clerks, whatever you call them? 8 A. No. The ones that I 'think up at the 9 time have retired and are deceased. r 10 MR. BEERS: That's all I have, thank you 11 EXAMINATION BY 12 MR. CAMPBELL: 13 Q. Mr. Whittaker, referring to Exhibit P2, 14 do you know why it starts with the date 1965? 15 A. No, I do not. 16 Q. Could I see a copy of PI? 17 (HANDING) 18 MR. MANEWITZ: Off the record. 19 (A DISCUSSION WAS HELD OFF THE RECORD.) 20 Q. Mr. Whittaker, you testified a little 21 earlier that to your knowledge the Palmyra plant 22 was the only yarn plant in the United States which 23 used Asbestos fibre; is that correct? 24 A. Yes. 25 Q. How do you know that is true? P.D. REPORTING CO., INC. (212-571-2001) 51 1 WHITTAKER 2 A. It is the only plant we have in the 3 United States that manufacture parts containing 4 Asbestos. 5 Q. Have you ever been to the other plants? 6 A. Yes. 7 Q. How many Garlock plants are there in the 8 United States? 9 A. Garlock as it is known now? 10 Q. Garlock -- well, Garlock as it was, as 11 it existed between the years 1965 and 1979? 12 A. Camden, New Jersey plant, and Gastoni, 13 North Carolina which that plant no longer belongs 14 to Garlock. It was sold. Those are the two. 15 Q. And it was part of your job 16 responsibilities to know what types of products 17 were made at each of the Garlock plants? 18 A. I was aware of it. 19 Q. Do you know how the raw Asbestos fibre 20 was delivered to the Palmyra plant? 21 A. Yes. 22 Q.' How was that? . 23 A. By bales, in trailer truck load -- 24 Q. When you say, "bales," could you 25 describe that for us? P.D. REPORTING CO i INC. (212-571-2001) 52 1 WHITTAKER 2 A. Bales, like bales of cotton. So much 3 for that. 4 Q. Did any ever come in bags? 5 A. Yes. 6 Q. I'm not personally familiar with what 7 bales of cotton look like. If you could describe 8 that for me a little bit more specifically? 9 A. It was like bulk fibre that would be 10 contained by some straps or some twine or 11 something like that. Most of it would be in, 12 probably, be in bag form. 13 Q. And it was all delivered in tractor 14 trailer trucks? 15 A. Yes. 16 Q. Was there any delivered in railroad 17 boxcars? 18 A. Not to my knowledge. 19 Q. Could you tell me, in the period of 20 years -- the first time through the last time that 21 you had experience in actually seeing the arrival 22 of the raw Asbestos fibre? 23 A. During this time period? 24 Q. During any -- 1953 to today? 25 A. The last time, about two weeks ago. P.D. REPORTING CO., INC. (212-571-2001) 53 1 WHITTAKER 2 Q. How about the first time? 3 A. I don't remember the first time. 4 Q. Was there a period in your employment 5 that you worked on a day-to-day basis or a weekly 6 basis with the arrival of Asbestos fibre? 7 A. Not directly. 8 Q. Did you at any time i'n your employment 9 inspect the arriving shipments by, for instance,, 10 counting bags, counting tonage, making sure it all 11 arrived properly; there weren't broken bags, 12 etcetera. Anything of that nature? 13 A. I did not directly, but some of the 14 people who worked for me. 15 Q. That would be a regular part of their 16 duty? 17 A. Yes. 18 Q. Did you ever supervise them on site as 19 they did that? 20 A. Yes. 21 Q. Do you remember when that was? 22 A. Back in the late '60's early '70's. 23 Q. At that time do you recall anything that 24 was v/ritten or printed on the bags of Asbestos 2 5 fibre? F.D. REPORTING CO., INC. (232-571-2001) 54 1 WHITTAKER 2 A. The grade of fibre. 3 Q. Is there anything else? 4 A . Supplier. 5 Q. Other than the name of the supplier and 6 grades is there any other information that you 7 recal1? 8 A. I don't recall there'being any other. 9 Q. Referring to Exhibit P2 , earlier in the 10 deposition you read all the suppliers contained in 11 the left-hand columns of the two pages. Looking 12 over that again now do you see Cassiar listed 13 anywhere there? 14 A. Yes. 15 Q. Where is that? 16 A. Sixth item down. 17 Q. Is that where it says, cassiar AC-45? 18 A. Correct. 19 Q. Is that a grade of fiber, supplier? 20 A. It is a grade of fibre. 21 Q. And the supplier listed under that is 22 Bell Asbestos Mines? . 23 A. Yes. . 24 Q. Am I correct in understanding this 25 chart, that as being listed there, does not F.D. REPORTING CO., INC. (212-571-2001) 55 1 WHITTAKER 2 indicate that Asbestos fibre was purchased? 3 A. That -- say that again. 4 Q. Well, it appears to me by looking at 5 this, if I understand the chart correctly, that is 6 a grade of fibre, but it does not indicate 7 directly that Asbestos fibre was purchased. Am I 8 correct or wrong in that interpretation? 9 A. I believe that that was -- is the grade 10 that was purchased. 11 Q. Was it purchased from Cassiar? 12 A. I can't say for sure. All I can say is 13 what I see listed in this form. 14 Q. I guess what I want to know is your 15 interpretation of the form. By looking at this 16 form would you understand that Asbestos fibre had 17 been purchased or not or can't you tell? 18 A. I would understand that it would have 19 been purchased by looking at this form. 20 MR. MANEWITZ: Off the record. 21 (A DISCUSSION WAS HELD OFF THE RECORD.) 22 Q. Again, looking at P2, Mr. Whittaker, 23 could you run down the names and see if Asbestos 24 Corporation of America is listed anywhere there? 25 A. Yes -- oh, excuse me. No. F.D. REPORTING CO., INC. (212-571-2001) 56 1 WHITTAKER 2 Q. How about Vermont Mines? 3 A. No. 4 Q. How about Unarco Industries? 5 A. No. 6 Q. How about GAF Corporation? 7 A. No. 8 Q. Do you know of any company that is 9 listed in the left-hand margin that is a successor 10 or predecessor to GAF Corporation? 11 A. I'm not aware of that. 12 Q. How about Raybestos-Manhattan? Do you 13 see Raybestos-Manhattan anywhere in the lower left 14 margin? 15 A . No. 16 Q. How about Turner and Newall? 17 A. No. 18 Q. Mr. Whittaker, I will refer you to 19 interrogatories which were answered on behalf of 20 Garlock, Inc. in the case of Crosby, Sr., 21 Plaintif f versus Combustion Engineering. 22 MR. MANEWITZ: Objection. . 23 MR. CAMPBELL: Off the record. 24 MR. MANEWITZ: Objection. 25 MR. CAMPBELL: Back on the record. P.D. REPORTING CO., INC. (212-571-2001) 57 1 WHITTAKER 2 Q. Mr. Whittaker, I show you 3 interrogatories which were propounded on Garlock 4 in the case of Crosby, Sr., versus Combustion 5 Engineering Inc., et. al., in the United States 6 District Court for the Southern District of 7 Georgia Savannah Division, caption. CV478-288. 8 I refer you to question number 36, which 9 asks, from what source or sources, if any, did 10 your company obtain mined Asbestos since 1950. 11 Is that what that says? 12 A, Yes, 13 Q. And then I refer you to theanswer 36A, 14 and is says, Garlock obtained mined Asbestos from 15 the following companies: North American Corp.; 16 Asbestos Corporation of America, Inc.; Canadian 17 Johns-Manville? 18 A. Vermont mines.Johns-Manville Products 19 Corp.; Unarco Industries Inc.; GAF Corporation; 20 Raybestos-Manhattan Inc.; H.K. Porter; Turner and 21 Newell, Ltd.; Bell Asbestos Mines, Ltd.; Cassiar 22 Asbestos Corp. Ltd. 23 MR. MANEWITZ: What1s the date of this? 24 MR. CAMPBELL: 1979 . 25 Q. It is signed by Tommy T. Holland, who P.D. REPORTING CO., INC. (212-571-2001) 58 1 WHITTAKER 2 appears to be an attorney for Garlock, appears to 3 be a member of a firm, not in-house. Do you have 4 any personal knowledge supplied by any of those 5 companies to the Palmyra plant? 6 A. No. 7 Q. Do you have reason to believe that this 8 answer is incorrect, the answer' contained in 36A? 9 A. No, I can't answer that. I don't know. 10 Q. Do you have reason to believe it is 11 incorrect? 12 A. NO . 13 Q. Mr. Whittaker, did the Palmyra plant use 14 any Asbestos contained products other than raw 15 Asbestos fibre? 16 A. Yes . 17 Q. Do you recall what those -18 A. Restate that, please. 19 Q. Sure. 20 Did Garlock purchase, for use at the 21 Palmyra plant, Asbestos containing products other 22 than raw Asbestos fibre? 23 A. No. 2 4 Q. I refer you to question number 40 in the 25 interrogatories, in the Crosby,Sr. Versus P.D. REPORTING CO., INC. (212-571-2001) WHITTAKER Combustion case -- actually, to start with question number 39: Has the defendant imported Asbestos or Asbestos materials since 1930? And what is Garlock's answer? A. "Yes." But that's referring to just Asbestos period. Q. Correct. Has the defendant imported Asbestos or Asbestos material since 1930? And the answer is, yes. A. Which is Asbestos. Q. Number 40: If the answer to the preceding interrogatory is answered in the affirmative, state- which it was- From where the Asbestos or Asbestos materials was imported? A. Yes. Q. And several other questions. Can you read for the record Garlock's answer to that. MR. MANEWITZ: I would like to object, and since this is a xerox of an answer to interrogatories -- I have no reason to disbelieve you, that it is true, but since I haven't obtained a copy from counsel in Georgia, I'm not sure if that has been supplemented or answered in any P.D. REPORTING CO., INC. (212-571-2001) 60 1 WHITTAKER 2 other way. All I see is the answer in 1979 which 3 I don't know whether or not has been -- whether 4 that case is still in existence and whether or not 5 the answers have been supplemented or changed by 6 Counsel in later years and I don't know the 7 derivation of the information which may or may not 8 be current. So I'm going to put that objection on 9 the record. 10 MS. GASIOR: I would like to state for 11 the record, if you are going to be referring to 12 pages of these interrogatories, you mark them for 13 identification and you have the witness refer to 14 the pages marked for identification. 15 MR. CAMPBELL: What I think we will lo, 16 he is referring to specific answers, and we can 17 have the entire document marked when done 18 referring to it. But since we are referring to 19 specific questions and answers, I think it is 20 obvious which ones he is talking about. 21 Q. Can you read the answer to question 40 22 for the record, Mr. Whittaker? 23 A. Bell Asbestos Corporation; Asbestos 24 Corporation, Johnson Miles, all of Thedford Mines, 25 Quebec; Lake Asbestos Corporation of Black Lake, P.D. REPORTING CO., INC. (212-571-2001) 1 61 1 WHITTAKER 2 Quebec; Johns-Manville Corporation of Asbestos 3 Quebec; Cassiar Asbestos has furnished fibre from 4 Yucon, Canada; Blue Asbestos Fibre has come from 5 North America Asbestos Corporation; Blue Yarn has 6 come from Germany, Turner-Newa11 Company, England 7 and Japan and Italy. The Blue Fibre has come 8 mainly from Rhodesia, South Africa. 9 Q. Do you know what the Blue Yarn, that's 10 referred to in that answer, is? 11 A. Yarn used for compression packing 12 products. 13 Q. And that's in Asbestos contained 14 products? 15 A. Yes. 16 Q- Do you know? 17 A. Yes. 18 Q. Do you know what for, the reason Blue 19 Yarn was used at the Palmyra plant? 20 A. No. 21 Q. Do you know if it is still used? 22 A It is not. . 2 3 Q. Was it being used when you arrived 24 there? 25 A. Yes . P. D. REPORTING CO., INC. (212-571-2001) 1 WHITTAKER 62 2 Q. But you don't know when you ceased use? 3 A. We ceased using Blue Asbestos in the 4 early '80s. 5 Q. That included Blue Yarn? 6 A. Yes. 7 Q. So it was used during the 1960's? 8 A. Yes. '' 9 Q. is - 10 MR. CAMPBELL: Off the record. 11 (A DISCUSSION WAS HELD OFF THE RECORD.) 12 MR. CAMPBELL: Back on the record. 13 We will mark for purposes of 14 identification Plaintiffs' interrogatories in 15 Crosby, Sr. Versus Combustion Engineering, Inc., 16 which were identified in more detail previously, 17 as Exhibit L-l. 18 MR. MANEWITZ: Are you offering them as 19 your exhibit or are you -- the witness hasn't 20 identified them. 21 MR. CAMPBELL: For purposes of 22 identification -- they are not authenticated. 23 He's not authenicating them. 24 MR. MANEWITZ: All right. 25 (A DOCUMENT WAS RECEIVED AND MARKED P.D. REPORTING CO., INC. (212-571-2001) 63 1 WHITTAKER 2 L-l EXHIBIT, FOR 3 IDENTIFICATION, AS OF THIS DATE.) 4 MR. CAMPBELL: And for purposes of 5 identification, we are marking Garlock's answers 6 to the interrogatories, labled Al, as L-2. 7 8 (A DOCUMENT WAS RECEIVED' AND MARKED 9 L-2 EXHIBIT, FOR . 10 IDENTIFICATION, AS OF THIS DATE.) 11 Q. Mr. Whittaker, referring you to the last 12 page of what has been marked as P2 -- or, I'm 13 sorry, L-2 -- off the record. 14 (A DISCUSSION WAS HELD OFF THE RECORD.) 15 Q. Have you ever heard of Tommy T. Holland 16 before? 17 A. No, I have not. 18 Q. Have you ever heard of the lawsuit 19 entitled Crosby, Sr. Versus Combustion 20 Engineering, Inc. 21 A. No, I have not, sir. . 22 Q. Have you ever seen these interrogatories 23 before I had shown them to you today? 24 A. No. No. 25 Q. Mr. Whittaker, referring you to what is P.D. REPORTING CO., INC. (212-571-2001) 64 1 WHITTAKER 2 marked P3, for identification, on page 4. The 3 approved vendor list, it contains Bell Asbestos 4 Mines; Lake Asbestos of Quebec; and National 5 Gypsum; is that correct? 6 A. That's correct. 7 Q. Next to Lake Asbestos of Quebec and 8 National Gypsum there are asterisks, and 9 underneath that there is a note next to the 10 asterisk: Denotes change over prior issue. 11 What does that mean? 12 A. Chances are that it was -- those two 13 were added at a later date. 14 Q. Later than what? 15 A. Later than -- you will see at the top it 16 says, 10/1/68, supersedes 12/6/65. . 17 Q. Does that indicate that there was a 18 Material Purchase Specification vendor list dated 19 12/6/65 and that Lake Asbestos of Quebec and 20 National Gypsum were not on that list? 21 A. That's possible. 22 Q. What are the other possibilities? 23 A. For the reason for the asterisk? 24 Q. Yes. 25 A. Just showing that they are approved. P. D. REPORTING CO., INC. (212-571-2001) 65 1 WHITTAKER 2 They once became approved. 3 Q. But that they were approved since 4 12/6/65? . 5 A. Yes. 6 Q. Do you recall differences in the -- you 7 mentioned the raw Asbestos fibre was delivered 8 either in bales or in bags. 9 Do you recall the types of bags that 10 were used to package the fine fibre? 11 A. Not back at that time, no. 12 Q, Between '65 and '70 - 13 A. Not specifically. 14 MR. CAMPBELL: With the understanding 15 that I'll have another opportunity to depose Mr. 16 Whittaker, or another representative of Garlock, 17 concerning issues such as plant layout, Asbestos 18 use in the plant, dust control systems, warnings 19 and orientations given to employees, specific job 20 positions of Mr. Douglas, I will, at this time, 21 cease questioning. 22 EXAMINATION BY 23 MR. COOPER: 24 Q. Mr. Whittaker, referring to the computer 25 printout you mentioned, do you know what P.D. REPORTING CO., INC. (212-571-2001) 0 66 WHITTAKER 2 informal 3 A. 4 Q. 5 that coi 6 name? ' 7 name or 8 A. 9 from. 10 Q. 11 system 12 A. 13 Q. 14 contain 15 A. 16 Q. 17 created 18 A. NO. 19 Q. 20 system 21 AA. No. 22 Q. 23 -- in p 24 A. 25 Q. Was the cardex system in place for the P.D. REPORTING CO., INC. (212-571-2001) 67 1 WHITTAKER 2 last ten years? 3 A. I don't know. 4 Q. Who at Garlock is responsible for 5 maintaining the computer system? 6 A. Mike Valbano. 7 Q. What's Mike's position? 8 A. Manager assistant. *' . 9 Q. Excuse me? 10 A . Manager assistant. 11 Q. How long has he been manager assistant? 12 A. I don't know. - 13 Q. Who would be in charge of maintaining 14 the cardex system? 15 A. This particular one would be in the 16 purchasing department. 17 Q. Who would be in charge of maintaining 18 that system? 19 A. Ray Davis. 20 Q. Now, is Mike Valbano responsible for 21 maintaining the computer system, dealing with 22 purchases? 23 A. No. I would say the responsibility lies 24 with Mr. Davis. 25 Q. For the computer system as well as the P.D. REPORTING CO.. INC. (212-571-2001) f 68 1 WHITTAKER 2 cardex system? 3 A. Yes, for his portion of -4 Q. Is it one central computer at Garlock? 5 A. Well, there is one central, but there 6 are several other computer systems also. 7 Q. Does the purchasing department have 8 their own separate computer? 9 A. Yes. Yes. 10 Q. Is that maintained in the purchase 11 department building? 12 A. Yes. . 13 MR. COOPER: Nothing else. 14 EXAMINATION BY 15 MR. HAGGERTY: 16 Q. Mr. Whittaker, you stated that you 17 recall seeing certain products packaged during the 18 course of your employment; is that correct? 19 A. Yes. 20 Q. And among those products, you identified 21 Lake Asbestos of Quebec and North American . 22 Asbestos Corporation? 23 A. Yes. 24 Q. Is it correct? That you were director 25 of engineering for industrial gasketing when you P.D- REPORTING CO., INC. (212-571-2001) 69 1 WHITTAKER 2 had seen those products? I'm asking. I believe 3 that's what your testimony was? 4 MR. MANEWITZ: Well, the testimony is 5 what it is. Could you tell me when you saw those 6 records. 7 THE WITNESS: Lake Asbestos as early as 8 a f ew weeks ago. The other one' I cannot remember 9 the date, at the time. 10 Q. Was it within the last few years? 11 A.' I can't remember. 12 Q. In the 1980's? 13 A. I don't remember. I would say prior to 14 the '80s. 15 Q. Do you recall the packaging of the North 16 American Asbestos product? 17 A. No 18 19 (CONTINUED ON THE FOLLOWING PAGE) 20 21 22 23 24 25 P.D. REPORTING CO., INC. (212-571-2001) 1 WHITTAKER 2 MR. HAGGERTY: Thank you. 3 4 5 (TIME NOTED: 12:50 P.M.) 6 7 8 9 10 ROY WHITTAKER 11 12 Subscribed and sworn 13 to before me this 14 day of , 1988. 15 16 17 18 19 20 NOTARY PUBLIC 21 22 23 24 25 70 P.D. REPORTING CO., INC. (212-571-2001) I 1 2 3 4 Plaintiff's 5 Exhibit Nos. 61 Description Subpoena . 72 83 Document Document 9 10 11 12 * * * 13 14 E XH I B ITS 15 16 Exhibit Nos. 17 18 L-2 rH 1 Description Document Document 19 20 21 22 * * * 23 24 25 Pace No. 11 14 21 Pace No. 63 63 P.D. REPORTING CO., INC. (212-571-2001) 72 1 2 3 INDEX 4 5 Examination by Mr. Kelley 6 Examination by Mr. Cooper 7 Examination by Mr. Beers 8 Examination by Mr. Campbell ' 9 Examination by Mr. Cooper 10 Examination by Mr. Haggerty PAGES From To 6 27 27 37 40 50 50 65 65 68 68 69 11 12 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25 P.D. REPORTING CO., INC. (212-571-2001) 73 1 2 3 CERTIFICATE 4 5 STATE OF NEW YORK 6 COUNTY OF QUEENS 7 8 I, Maria Ragusa, a Notar'y Public within and 9 for the State of New York, do hereby certify: 10 That the witness whose examination is 11 hereinbefore set forth was duly sworn and that 12 such an examination is a true record of the 13 testimony given by such a witness. 14 I further certify that I am not related to 15 any of these parties to this action by blood or 16 marriage, and that I am not in anyway interested 17 in the outcome of this matter. 18 IN WITNESS WHEREOF, I have hereunto set my 19 hand this 7^ day of , 1988 . 20 21 22 23 24 25 P.D. REPORTING CO., INC. 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