Document zo2kKMopKq1aqY9eknVdVQ9Z3

Hicks, et al. y. ACandS, Inc., et al. 6/1/01 - Paul L. LeCour Page 130 Page 132 1 extra or surplus product and was selling it to Rayloc? 2 A. That's what it implies. 3 Q. All right. Now lit me show yo.u what's been 4 marked as Exhibit No. 21 and ask you if you can identify , 5 . that documentor me? 6' A. Bendix/Allied-Signal, Bendix Friction Material 7 Division, January 31st, 1992, Mr. Cary Winseu, Rayloc 8 Division, Stephenville, Texas. 9 Q. Who's Mr. Winseu? 10 A. He's a purchasing agent in Stephenville. II Q. And is this notification to you about Bendix 12 gening out of the sale of asbestos-containing brake 13 products? 14 . A. Yes. 15 Q. How long prior to 1992 were you aware that 16 Bendix was going to be gening out of the sale of 17 asbestos-containing products? r 18 A.. I cannot recall that. 19 Q. Did at some point in time Bendix stop selling 20 you asbestos-containing brake products? 21 A. They did stop; and then they started up again. 22 Q. When did they stop, and when did they Stan up 23 again? 24 A. I don't recall those dates. 25 Q. When they stopped, did Rayloc, Genuine Parts, .1 2 3 4 5 6 7 8 9 ' i.o If 12 13 14 15 16 17 18 19 20 21 . 22 23 24 25 A. No, 1 Jo not think so. 1 do not recall. Q. There's a statement in there --1 don't have the document in front of me - about the availability of asbestos-free brake products for more than a decade. Do you see that? A. Let's see. Yes, 1 do. Q. Do you agree with that statement? A. No. Q. What part of it don't you agree with, that . they were available or that they were effective? A. Well, It rvas available, bur they were not effective in all applications. And also, I guess a play on words here, they have semi-metallic disc pucks which were non-asbestos. but you didn't fit them on all applications either. But what they were offering during that period of time was nnt acceptable from a Safety point of view. It had to be - su it wasn't a ten-year period that they all worked. (Interruption.) Q. (By Mr. Dutnler) I'm going to give you what's been marked as Exhibit No. 23. which was produced to me yesterday, and ask you if you can tell me what that document is? A. Asbestos-Free Bonded Segments. It's Page 131 Page IJ3 1 find another supplier to take their place? 2 A. No. 3 Q. All right. Who did Rayloc begin to purchase 4 from once Bendix stopped selling asbestos-containing 5. products to you? 6 A. Oh, on this particular line, they could have 7 bought from several suppliers. 8 , ..Q. When Abex and Bendix stopped selling 9 asbestos-containing products, was there any conscious 10 decision made as to whether or not Genuine Pans should .11 also stop or phase out asbestos products? 12 A. No. 13- Q. Do you understand my question? In other 14 words, did anyone sit down and say, they're not selling 15 .it anymore, maybe we shouldn't be selling it either? 16 A. No, that never... 17 (Plaintiffs' Exhibits LeCour 22 and 23 18 were marked.) 19 Q. (By Mr. Dumler)' I give you Exhibits No. 22 20 and 23. 21 Let me ask you: Is 22 an advertisement from 22 Abex? Do you recognize that document? 23- A. It says, Wall Street Journal, Wednesday. 24 July 19th, 1989. 25 Q. Does this come from your personal file? . 1 a statement that says, '^During World War II Germany was 2 cut off from the major sources of asbestos" -- 3 Q. Rather than reading it, are you familiar with 4 this document? 5 A, Yes. 6 Q. What is it? 7 A. It's a document created by Abex. And this was 8 their first shot at us to offer us NA-27. They claimed 9 they had this back, and it was the original equipment 10 formula on Volkswagen. 11 Q. What do you mean offer you NA-27? As an 12 asbestos alternative? 13 A,. As an asbestos alternative, yes. 14 Q. When did you receive this document. Exhibit 15 No. 237 ' 16 A. 1 don't know if 1 ever received this 17 particular document here (indicating}. There's no date 18 on it. But I had conversations with them on the 19 subject. 20 Q. Starting when? 21 A. Mid-'SOs. 22 Q. Okay. 23 (Plaintiffs' Exhibit LeCour 24 was marked.) 24 Q. (By Mr. Dumler) 1 give you Exhibit No. 24 25 and ask you if you can tell me what that document is? WHEELER REPORTING COMPANY, INC.. 404.3.51-45.77 34 (Pages 130 to 1331