ANDREW ZAKANYCH SUPERIOR COURT OF NEW JERSEY and JOAN ZAKANYCH LAW DIVISION: MIDDLESEX COUNTY Husband and Wife, DOCKET NO. L-007567-09 Plaintiffs, CIVIL ACTION vs. ASBESTOS LITIGATION
THERMO FISHER SCIENTIFIC INC., f/k/a Fisher Scientific International Inc. et al.,
Defendants.
RAYMOND FELDNER SUPERIOR COURT OF NEW JERSEY and BARBARA LAW DIVISION: MIDDLESEX COUNTY FELDNER, Husband and Wife, DOCKET NO. L-001052-l0
Plaintiffs, CIVIL ACTION ASBESTOS LITIATION vs.
AMERICAN PREMIER UNDERWRITERS, INC. et al.,
Defendants.
ROBERT BLACKBURN, COURT OF COMMON PLEAS JR. , PHILADELPHIA COUNTY, PA
Plaintiffs, ASBESTOS CASE
vs. TERM, MARCH 2010
ASBESTOS NO. 02699 CORPORATION LIMITED, et al.,
Defendants.
VIDEOTAPED DEPOSITION OF ROBERT FORTE NOVEMBER 16, 2010 Page 2
1 VIDEOTAPED DEPOSITION OF ROBERT FORTE, 2 a witness herein, called by the Plaintiffs for examination, in accordance with the New 3 Jersey/pennsylvania Rules of Civil Procedure, taken by and before Ann Medis, Registered 4 Professional Reporter and Notary Public in and for the Commonwealth of Pennsylvania, at the offices 5 of Hyatt Regency Pittsburgh International Airport, 1111 Airport Boulevard, Pittsburgh, PA 15231, on 6 Tuesday, November 16, 2010, commencing at 10:10 a.m. 7 8 APPEARANCES (ZAKANYCH): 9 FOR PLAINTIFFS: Michael E. McMahon, Esquire 10 COHEN PLACITELLA & ROTH 127 Maple Avenue 11 Red Bank, NJ 07701 732.747.9003 12 FOR DEPONENT: 13 John T. William, Esquire HINKHOUSE WILLIAMS WALSH LLP 14 180 N. Stetson Avenue, Suite 3400 Chicago, IL 60601 15 312.784.5411 [email protected] 16 FOR DEFENDANT ATLANTIC PLUMBING SUPPLY 17 CORPORATION: Sebastian A. Goldstein, Esquire 18 MARKS O'NEILL O'BRIEN and COURTNEY, P.C. Suite 300 19 Cooper River West 6981 North Park Drive 20 Pennsauken, NJ 08109 [email protected] (via conference call) 21 22 23 24 25
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1 APPEARANCES (ZAKANYCH) Continued: 2 FOR DEFENDANTS BAYER CROPSCIENCE, As Corporate Successor to Amchem Products, Inc., FMC 3 CORPORATION, SEQUOIA VENTURES, INC., and INGERSOLL-RAND: 4 Anne Wilcox Lewis, Esquire KELLEY JASONS McGOWAN SPINELLI & HANNA 5 Allegheny Building, Suite 1202 429 Forbes Avenue 6 Pittsburgh, PA 15219 412.434.6577 7 [email protected] 8 FOR DEFENDANT CERTAINTEED CORPORATION, INC. Lisa M. Massimi, Esquire 9 CARUSO POPE SMITH EDELL PICINI, PC 60 Route 46 East 10 Fairfield, NJ 07004 973.667.6000 11 [email protected] (via conference call) 12 FOR DEFENDANT FISHER SCIENTIFIC COMPANY: Marc Gaffrey, Esquire 13 HOAGLAND LONGO MORAN DUNST & DOUKAS 40 Patterson Street 14 P.O. Box 480 New Brunswick, NJ 08903 15 732.545.4717 (via conference call) 16 FOR DEFENDANT 3M COMPANY: Carolyn L. McCormack, Esquire 17 LAVIN O'NEIL RICCI CEDRONE & DISIPIO 190 N. Independence Mall West, Suite 500 18 Philadelphia, PA 19106 215.351.7971 19 [email protected] (via conference call) 20 21 22 23 24 25
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1 APPEARANCES (FELDNER): 2 FOR PLAINTIFFS: Michael E. McMahon, Esquire 3 COHEN PLACITELLA & ROTH 127 Maple Avenue 4 Red Bank, NJ 07701 732.747.9003 5 FOR DEPONENT: 6 John T. William, Esquire HINKHOUSE WILLIAMS WALSH LLP 7 180 N. Stetson Avenue, Suite 3400 Chicago, IL 60601 8 312.784.5411 [email protected] 9 FOR DEFENDANTS FISHER SCIENTIFIC COMPANY, 10 LLC and METTLER-TOLEDO, INC.: Marc Gaffrey, Esquire 11 HOAGLAND LONGO MORAN DUNST & DOUKAS 40 Patterson Street 12 P.O. Box 480 New Brunswick, NJ 08903 13 732.545.4717 (via conference call) 14 FOR DEFENDANT GENERAL ELECTRIC COMPANY: David Speziali, Esquire 15 Michael Quinn, Esquire SPEZIALI GREENWALD & HAWKINS 16 1081 Winslow Road, Box 1086 Williamstown, NJ 08094 17 856.728.3600 [email protected] (via conference call) 18 FOR DE FENDANT MINERALS TECHNOLGIES, INC.: 19 David J. Singley, Esquire DINSMORE & SHOHL LLP 20 One Oxford Centre, Suite 2800 301 Grant Street 21 Pittsburgh, PA 15219 412.281.5000 22 [email protected] 23 24 25
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1 APPEARANCES (FELDNER) Continued: 2 FOR DEFENDANT PHARMACIA CORPORATION f/k/a Monsanto Company: 3 Lisa Ann T. Ruggerio, Esquire PATTON BOGGS LLP 4 1 Riverfront Plaza, 6th Floor Newark, NJ 07102 5 973.848.5660 [email protected] (via conference call) 6 FOR DEFENDANT SUNOCO, INC. 7 Lauren E. Burke, Esquire SWARTZ CAMPBELL, LLC 8 Two Liberty Place 50 S. 16th Street 9 Philadelphia, PA 19102 215.299.4282 10 [email protected] (via conference call) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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1 APPEARANCES (BLACKBURN): 2 FOR PLAINTIFFS: Michael E. McMahon, Esquire 3 COHEN PLACITELLA & ROTH 127 Maple Avenue 4 Red Bank, NJ 07701 732.747.9003 5 FOR DEPONENT: 6 John T. William, Esquire HINKHOUSE WILLIAMS WALSH LLP 7 180 N. Stetson Avenue, Suite 3400 Chicago, IL 60601 8 312.784.5411 [email protected] 9 FOR DEFENDANT AIR AND LIQUID SYSTEMS INC., 10 f/k/a Buffalo Pumps, Inc.: Michael J. Block, Esquire 11 WILBRAHAM LAWLER & BUBA 1818 Market Street, Suite 3100 12 Philadelphia, PA 19103 215.972.2850 13 [email protected] (via conference call) 14 FOR DEFENDANT ASBESTOS CORPORATION LIMITED: Janet Golup, Esquire 15 GOLD FEIN & JOSEPH 1800 JFK Boulevard, 20th Floor 16 Philadelphia, PA 19103 215.979.8224 17 [email protected] (via conference call) 18 FOR DEFENDANTS BP AMERICA, INC. and ATLANTIC RICHFIELD CORPORATION: 19 James P. Hadden, Esquire MARON MARVEL BRADLEY & ANDERSON, P.A. 20 1700 Market Street, Suite 1500 Philadelphia, PA 19103 21 215.231.7100 [email protected] (via conference call) 22 23 24 25
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1 APPEARANCES (BLACKBURN) Continued: 2 FOR THE DEFENDANT CHICAGO BRIDGE & IRON COMPANY: 3 Stuart M. Goldstein, Esquire HOLLSTEIN KEATING CATTELL JOHNSON & GOLDSTEIN PC 4 Willow Ridge Executive Office Park 750 Route 73 South, Suite 301 5 Marlton, NJ 08053 856.810.7302 6 [email protected] (via conference call) 7 FOR DEFENDANT CBS CORPORATION and GENERAL ELECTRIC COMPANY: 8 Anthony Mirabile, Esquire McSHEA TECCE, P.C. 9 Bell Atlantic Tower, 28th Floor 1717 Arch Street 10 Philadelphia, PA 19103 215.599.0800 (via conference call) 11 [email protected] 12 FOR DEFENDANT DURO DYNE CORPORATION: Patrick Beattie, Esquire 13 McGIVNEY & KLUGER, P.C. Two Penn Center Plaza 14 1500 JFK Boulevard, Suite 518 Philadelphia, PA 19102 15 973.805.6608 [email protected](via conference call} 16 FOR DEFENDANT FISHER SCIENTIFIC COMPANY, 17 LLC: Marc Gaffrey, Esquire 18 HOAGLAND LONGO MORAN DUNST & DOUKAS 40 Patterson Street 19 P.O. Box 480 New Brunswick, NJ 08903 20 732.545.4717 (via conference call) 21 FOR DEFENDANT FOSTER WHEELER USA CORPORATION: 22 Thomas A. Mastroianni, Esquire REILLY JANICZEK & McDEVITT, P.C. 23 The Widener Building One South Penn Square, Suite 410 24 Philadelphia, PA 19107 215.972.5200 25 [email protected] (via conference call)
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1 APPEARANCES (BLACKBURN) Continued) 2 FOR DEFENDANTS GOULDS PUMPS, INC. and HOBART BROTHERS COMPANY: 3 Joan P. Depfer, Esquire MARSHALL DENNE HEY WARNER COLEMAN & GOGGIN 4 1845 Walnut Street Philadelphia, PA 19103 5 215.575.2600 [email protected] (via conference call) 6 FOR DEFENDANT HONEYWELL INTERNATIONAL, INC.: 7 Aaron M. Dorfzaun, Esquire RAWLE & HENDERSON 8 Henry W. Oliver Building, Suite 1000 535 Smithfield Street 9 Pittsburgh, PA 15222 412.261.5700 10 [email protected] 11 FOR DEFENDANT 3M COMPANY: Carolyn L. McCormack, Esquire 12 LAVIN O'NEIL RICCI CEDRONE & DISIPIO 190 N. Independence Mall West, Suite 500 13 Philadelphia, PA 19106 215.351.7971 14 [email protected] (via conference call) 15 ALSO PRESENT: A.J. Simeone, Videographer 16 17 18 19 20 21 22 23 24 25
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1 INDEX 2 Examination by Mr. McMahon 12 3 Marked Questions 135 4 INDEX OF EXHIBITS 5 NO. DESCRIPTION PAGE Forte 1 Deposition Notice sent to 13 6 Marc Gaffery 7 Forte 2 Memo, 9/7/71, from P. Del Boca 33 to T. Price 8 Forte 3 Fisher Scientific Catalog 74 36 9 Forte 4 Letter, 1/23/76, from U.S. 37 10 Department of Labor to J. Reilly 11 Forte 5 Fisher Scientific Catalog 77 39 12 Forte 6 Memo, 5/2/77, from A. Anderson 40 13 to P. Hunsucker, Asbestos Sleeving Castaloy 14 Forte 7 Memo, 11/22/78, from J. Reilly 50 15 to A. Heidrich, EMD Catalog OSHA Terminology 16 Forte 8 Letter, 10/11/78, from 56 17 Concerned Seventh Grade Science Students to Fisher 18 Scientific Company NY09 000061 19 Forte 9 Letter, 12/11/78, from J. 70 20 Reilly to C. Kohler NY09 000064 21 Forte 10 Letter, 12/18/78, from J. 74 22 Reilly to C. Kohler NY09 000065 23 Forte 11 Inter-department communication 76 24 12/4/78, from J. Cenname to B. Harrison, Asbestos 25
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1 INDEX OF EXHIBITS (Continued) 2 NO. DESCRIPTION PAGE Forte 12 Memo, 11/6/78, from J. Reilly 82 3 to U.S. Department of Labor NY09 000062 4 Forte 13 Memo, 11/28/78, from J. Reilly 84 5 to J. Fontaine, Asbestos Products 6 Forte 14 Memo, 12/5/78, from M. Hirsch 86 to J. Reilly, Wire Gauze 7 W/Asbestos Center 8 Forte 15 Memo, 1/15/79, from J. Re i 11 Y 88 to See Distribution, Asbestos 9 Meeting 10 Forte 16 Memo, 4/9/79, from J. Reilly 92 to H. Mitchell and J. Daniels, 11 Asbestos 12 Forte 17 Memo, 4/26/79, from T. Price 110 to J. Cremonese 13 Forte 18 Memo, 4/27/79, from B. Harrison 112 14 to J. Philip, Asbestos Substitution Projects 15 Forte 19 Memo, 6/28/79, from B. Douglas 114 16 to J. Reilly, Vendor Asbestos Products 17 Forte 20 Memo, 3/13/86, from R. King to 126 18 R. Forte, Asbestos Catalog Numbers 19 Forte 21 Document entitled "Asbestos - 127 20 Background Material" 21 Forte 22 Screenshot from Fisher 129 Scientific web page of 22 Asbestos, Cancer and Lung Disease Hazardous Authorized 23 Personnel Only sign 24 25
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1 THE VIDEOGRAPHER: The date today is
2 November 16, 2010. The time is 10:10 a.m. This
3 is the video deposition of Robert Forte taken in
4 the matter of Zakanych versus Fisher Scientific,
5 Incorporated, et al., Docket No. L-7567-09 (AS),
6 Feldner versus American Premium Underwriters, et
7 al., Docket No. L-I052-10 (AS) filed in the
8 Superior Court of New Jersey, Law Division,
9 Middlesex County, also being taken in the matter
10 of Blackburn versus Asbestos Corporation, et al.,
11 March Term, 2010, Case No. 02699, filed in the
12 Court of Common Pleas of Philadelphia County,
13 Pennsylvania.
14 This deposition is being held at 1111 Airport
15 Boulevard, Pittsburgh, Pennsylvania 15231. My
16 name is A.J. Simeone. I'm the video specialist.
17 The court reporter is Ann Medis. We are from
18 Magna Legal Services.
19 Counsel will be noted on the stenographic
20 record. You can now swear the witness.
21 MR. GAFFREY: Before we begin, if
22 everybody on the phone could please mute their
23 line, then we'll be able to hear. Other\'1ise, it's
24 impossible to hear.
25
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1 ROBERT FORTE,
2 having been first duly sworn, was examined
3 and testified as follows:
4 EXAMINATION
5 BY MR. McMAHON:
6 Q. Good morning, Mr. Forte. My name is
7 Mike McMahon. I represent the plaintiffs in the
8 three actions that were captioned in this case.
9 MR. McMAHON: Before vie get started, I'd
10 like to place on the record that plaintiffs have
11 granted a limited pro hac to Mr. Williams for this
12 deposition.
13 Mr. Williams, you're familiar with the New
14 Jersey court rules as they pertain to depositions?
15 Or do you have any questions for me?
16 MR. WILLIAMS: Counsel, I don't have any
17 questions. You can ask yours.
18 MR. McMAHON: Thank you.
19 BY MR. McMAHON:
20 Q. Mr. Forte, it's my understanding that
21 you've given a number of depositions for Fisher
22 Scientific. Is it safe to say that I can waive
23 the instructions for deposition, or would you like
24 me to give them?
25 A. That's accurate, counsel.
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1 Q. Thank you. Let's begin first,
2 Mr. Forte, by marking as Plaintiffs' 1 the
3 deposition notice that was sent to Marc Gaffery,
4 counsel for Fisher Scientific in this matter. I
5 have a copy for your attorney as well. Would you
6 take a few moments to review that.
7 (Plaintiffs'/Forte Exhibit 1 was marked.)
8 BY MR. McMAHON:
9 Q. Mr. Forte, am I correct that you are the
10 representative of Fisher Scientific Company with
11 the most knowledge of Fisher Scientific's
12 historical knowledge of the dangers of asbestos
13 and what steps Fisher Scientific took to protect 14 people working with or around Fisher Scientific
15 asbestos-containing products?
16 MR. WILLIAMS: I'll offer an objection.
17 Most knowledge is not the criteria. He is a
18 witness offered with knowledge of the company.
19 Most is something that I don't think anyone can
20 quantify. He is being produced as the responsive
21 witness to answer questions on this topic.
22 MR. GAFFREY: Whoever is typing, please
23 mute your phone.
24 MR. McMAHON: Well, the record will
25 reflect, counsel, that we did not receive an
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1 objection to this notice.
2 MR. WILLIAMS: Nor are you receiving one
3 now.
4 MR. McMAHON: I understand.
5 BY MR. McMAHON:
6 Q. Mr. Forte, I'm sorry. I didn't get an
7 answer to the question.
8 A. Yes.
9 Q. Are you also the representative of
10 Fisher Scientific with the most knowledge
11 concerning Fisher Scientific's manufacture, sale
12 and supply of asbestos-containing products?
13 A. Yes.
14 Q. Mr. Forte, can you tell me whether
15 Fisher Scientific has a code of conduct for its
16 sales employees?
17 MR. WILLIAMS: Object to the form. It's
18 vague.
19 MR. GAFFREY: This is Marc Gaffrey. I'm
20 going to object to form.
21 BY MR. McMAHON:
22 Q. You can answer the question, sir.
23 A. Can you be more specific as to code of
24 conduct?
25 Q. Sure. Well, I don't know how much more
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1 specific I can be. Is there a code of conduct
2 which Fisher Scientific expects its sales
3 employees to follow when making sales visits or
4 sales calls?
5 MR. WILLIAMS: Object to the form. It's
6 vague.
7 MR. GAFFREY: Object to form.
8 MR. WILLIAMS: If you understand what's
9 being asked specifically, you can answer. If you
10 need more clarification, you can let counsel know.
11 A. As a corporation, we have codes of
12 ethics that we are instructed to follow.
13 BY MR. McMAHON:
14 Q. Would you agree with me, Mr. Forte, that
15 companies such as Fisher Scientific are supposed
16 to be honest?
17 MR. GAFFREY: Objection to form.
18 A. Our code includes an element of
19 integrity in everything we do.
20 BY MR. McMAHON:
21 Q. Would you agree with me that companies
22 such as Fisher Scientific are supposed to be fair?
23 MR. WILLIAMS: Object to the form. It's
24 vague.
25 MR. GAFFREY: Object to the form.
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1 A. I can't speak for other companies, and I
2 think you'd have to define fairness. It's a
3 qualitative or quantitative term.
4 Q. You're asking me to define the concept
5 of fairness?
6 MR. WILLIAMS: In the context of your
7 question, it's vague.
8 MR. McMAHON: Counsel, there are no
9 speaking objections in the State of New Jersey.
10 MR. WILLIAMS: I'll make the objections.
11 MR. McMAHON: Well, you can make an
12 objection. You can place the basis of your
13 objection on the record.
14 MR. WILLIAMS: If you ask a decipherable
15 question, we wouldn't have a problem.
16 MR. McMAHON: I did ask a decipherable
17 question.
18 BY MR. McMAHON:
19 Q. Can you answer that question, Mr. Forte?
20 Companies such as Fisher Scientific are supposed
21 to be fair. Do you agree with that statement?
22 MR. WILLIAMS: Same objection. Vague.
23 MR. GAFFREY: I'm going to object to
24 form. I think the witness said he couldn't
25 understand the question as phrased.
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1 BY MR. McMAHON:
2 Q. Is that correct, Mr. Forte?
3 A. That's correct.
4 Q. Do you agree with me that companies such
5 as Fisher Scientific are supposed to use their
6 knowledge to do good and not to do bad?
7 MR. WILLIAMS: Oh, please.
8 MR. GAFFREY: Objection to form.
9 MR. WILLIAMS:. Objection to form.
10 Vague. Indecipherable. If you want
11 clarification, ask for it.
12 A. That's a -- that question is overly
13 broad.
14 BY MR. McMAHON:
15 Q. Would you agree with me that companies
16 such as Fisher Scientific are supposed to put
17 safety above profits?
18 MR. GAFFREY: Objection to form.
19 MR. WILLIAMS: Objection to form.
20 Vague. But you can answer if you understand.
21 A. That question is ambiguous. But to the
22 extent that we have a code around integrity,
23 safety would be an important element of that.
24 BY MR. McMAHON:
25 Q. Would you agree with me, sir, that
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1 companies such as Fisher Scientific believe it's
2 only fair to give their customers an opportunity
3 to protect themselves?
4 MR. WILLIAMS: Objection to form. It's
5 vague.
6 MR. GAFFREY: Objection to form.
7 MR. WILLIAMS: Utterly vague,
8 indecipherable. If you know what's being asked,
9 you can answer it.
10 A. I don't know where to start with that
11 answer.
12 BY MR. McMAHON:
13 Q. Would you agree with me, sir, that
14 companies such as Fisher Scientific are never
15 allowed to needlessly harm a customer?
16 MR. WILLIAMS: Same objection.
17 MR. GAFFREY: Objection to form.
18 MR. WILLIAMS: Utterly indecipherable.
19 If you know what's being asked, you can answer.
20 Otherwise ...
21 A. The question is too vague and broad.
22 BY MR. McMAHON:
23 Q. Would you agree with me, sir, that
24 companies such as Fisher Scientific are never
25 allowed to needlessly endanger the public with
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1 their products?
2 MR. WILLIAMS: Same objection.
3 MR. GAFFREY: Objection to form.
4 MR. WILLIAMS: Utterly indecipherable.
5 If you know what's being asked, you can answer.
6 A. Too vague.
7 BY MR. McMAHON:
8 Q. Would you agree with me, sir, that no
9 one including Fisher Scientific is allowed to
10 create an unnecessary risk for the public?
11 MR. WILLIAMS: Obj ection. Vague.
12 MR. GAFFREY: Objection to form.
13 MR. WILLIAMS: Utterly indecipherable.
14 If you know what's being asked, you can answer.
15 A. It's an overly broad question.
16 BY MR. McMAHON:
17 Q. Would you agree with me, sir, that no
18 one including Fisher Scientific can needlessly
19 expose the public to a known carcinogen?
20 MR. WILLIAMS: Obj ection. Vague.
21 MR. GAFFREY: Objection to form.
22 MR. WILLIAMS: Utterly indecipherable.
23 MR. GAFFREY: Also assumes facts not in
24 evidence.
25 A. It's overly broad.
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1 MR. McMAHON: Let's just take a moment
2 now to decide whether it's going to be
3 Mr. Williams or Mr. Gaffrey who is going to defend
4 this deposition because I'm not going to have both
5 of you making the same objections on behalf of
6 your client.
7 MR. GAFFREY: Michael, as you are aware,
8 I am here both as local counsel for Fisher
9 Scientific as well as local counsel for Mettler
10 Toledo. So if I'm making objections, I'm wearing
11 two hats here. Regardless of whether there's one
12 attorney or two attorneys making objections, I'm
13 still posing objections here since I represent
14 more than one client in this case.
15 MR. WILLIAMS: Objection as to Fisher
16 will be made by me, counsel.
17 MR. McMAHON: I understand now. Okay.
18 BY MR. McMAHON:
19 Q. Mr. Forte, would you agree with me that
20 no one including Fisher Scientific should
21 needlessly expose the public to poisons of any
22 kind?
23 MR. WILLIAMS: Objection to form.
24 MR. GAFFREY: Objection to form.
25 MR. WILLIAMS: Assumes facts not in
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1 evidence. Indecipherable. If you know what's
2 being asked, you can answer.
3 A. Overly broad.
4 BY MR. McMAHON:
5 Q. Mr. Forte, would you agree with me that
6 a company such as Fisher Scientific is never
7 allowed to ignore or remove a necessary safety
8 measure?
9 MR. GAFFREY: Objection to form.
10 MR. WILLIAMS: Objection. Vague.
11 Assumes facts not in evidence. Utterly
12 indecipherable. If you know what's being asked,
13 you can answer.
14 A. Overly broad generalization.
15 BY MR. McMAHON:
16 Q. And one last one, Mr. Forte, would you
17 agree with me that if no warning is given to the
18 public about the dangers of a product, that it
19 doesn't give anyone the opportunity to protect
20 themselves?
21 MR. GAFFREY: Objection. Form.
22 MR. WILLIAMS: Objection. Form. Vague.
23 Utterly indecipherable. Assumes facts not in
24 evidence.
25 A. It's an overly broad question.
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1 BY MR. McMAHON:
2 Q. Mr. Forte, I'm going to move on to your
3 previous testimony. Do you have any idea how many
4 times you've been deposed as a representative of
5 Fisher Scientific?
6 A. Most likely nine, ten times perhaps.
7 Q. I know this is going to be tough, but
8 I'm going to give it a shot anyway. I have the
9 O'Reilly case in New Jersey in 2004. Do you
10 recall that case? Do you recall being deposed in
11 it?
12 A. Not O'Reilly, no.
13 Q. I have the Kairns case in California in
14 2006. Do you recall being deposed in that?
15 A. Yes. I recall that.
16 Q. Trumbella, California, 2006?
17 A. Yes. I recall that.
18 Q. Rincone, California, 2007?
19 A. Yes.
20 Q. And Korbin, New York, 2007?
21 A. Yes.
22 Q. Do you recall any of the other names or
23 jurisdictions of the cases you were deposed on
24 behalf of Fisher Scientific?
25 A. I believe there was a Marphy case in New
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1 Jersey.
2 Q. Do you recall the year?
3 A. 2004, 2005 perhaps. And a recent case,
4 Palmaris in California, 2010. Those are the only
5 ones that come to mind.
6 Q. Thank you. Quickly, Mr. Forte, you
7 received an undergraduate degree in microbiology
8 from Rutgers in 1964; is that correct?
9 A. That's correct.
10 Q. You've never taken any courses with
11 regard to industrial hygiene; is that correct?
12 A. That's accurate.
13 Q. In your course of study at Rutgers, did
14 you ever have the occasion to study asbestos?
15 A. I did not.
16 Q. You're a member of the Laboratory
17 Products Association; is that correct?
18 A. The Company was a member of the
19 Laboratory Products Association, yes.
20 Q. Do you know whether they still are?
21 A. Yes, they are.
22 Q. Do you know when they became a member?
23 A. I have no specific recollection of the
24 date they became a member.
25 Q. Do you recall whether they were a member
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1 in the '80s?
2 A. They were a member in the '80s.
3 Q. Do you recall whether they were a member
4 in the '70s?
5 A. They were a member as long as I have
6 been part of the company since 1968.
7 Q. You have no knowledge if they were a
8 member Prior to 1968?
9 A. I have no knowledge of that.
10 Q. You were a member of the National
11 Association of Purchasing Managers, but you no
12 longer are; is that correct?
13 A. That's correct.
14 Q. When did you become a member, do you
15 recall?
16 A. That was most likely in the '70s
17 sorry '82, '83 perhaps timeframe.
18 Q. Again, was this the company that was a
19 member, or were you a member?
20 A. I was in a procurement position, and I
21 was a member as a purchasing agent.
22 Q. Can you briefly tell me what the mission
23 of the National Association of Purchasing Managers
24 was or is?
25 A. Essentially a professional organization
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1 of like minded people who were all in procurement
2 and, for the most part, discussed more efficient
3 ways to procure.
4 Q. How about any other organizations or
5 associations that you are now a member of or were
6 a member of with regard to your work at Fisher
7 Scientific?
8 A. That's probably the one that's clearest
9 in my mind in terms of participation.
10 Q. The two member excuse me the
11 Laboratory Products Association and the National
12 Association of Purchasing Managers, do you recall
13 receiving safety publications from either of these
14 organizations?
15 A. I do not.
16 Q. You said that you never studied asbestos
17 while you were at Rutgers. Did you ever study
18 asbestos at any time after your education at
19 Rutgers?
20 A. I did not.
21 Q. Quickly go through your professional
22 background with Fisher Scientific. You began in
23 1968 as a sales representative and held that
24 position until 1974; is that correct?
25 A. That's accurate.
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1 Q. What were your duties as a sales
2 representative?
3 A. Calling on universities and hospitals to
4 sell products in the future catalog.
5 Q. Any other organizations besides
6 universities and hospitals?
7 A. No.
8 Q. From 1974 to 1979, you held the position
9 of clinical sales manager; is that correct?
10 A. That's accurate.
11 Q. Your duties as clinical sales manager?
12 A. To manage six to eight individuals who
13 were calling on hospitals in Western Pennsylvania
14 and West Virginia.
15 Q. From 1980 to 1986 you were the director
16 of purchasing; is that correct?
17 A. That's correct.
18 Q. What were your duties as the director of
19 purchasing?
20 A. I was responsible for the replenishment
21 of inventory into the Fisher distribution network
22 in dealing with Fisher suppliers.
23 Q. From 1987 to 1989 you were the national
24 accounts manager; is that correct?
25 A. That's acc~rate.
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1 Q. What were your duties there?
2 A. My responsibility was to call on large
3 corporate customers to implement those customers
4 to sign agreements with Fisher Scientific.
5 Q. From 1989 to 1995, you were the
6 vice-president of sales and customer service for 7 the mid Atlantic region; is that correct?
8 A. That's correct.
9 Q. Your duties in that position?
10 A. I managed a four-state selling
11 organization, customer service organization on
12 behalf of Fisher Scientific.
13 Q. From 1995 to 1996, you were the
14 vice-president of integrated supply; is that
15 correct?
16 A. That's correct.
17 Q. Your duties there?
18 A. To work with other suppliers outside of
19 the laboratory supply business and develop a
20 consortiumum approach to selling.
21 Q. I'm sorry. Can you explain that
22 concept?
23 A. MUltiple commodities sold to a single
24 source.
25 Q. From 1996 to 1997, you were the senior
Magna Legal Services Page 28
1 vice-president of supply chain management;
2 correct?
3 A. That's correct.
4 Q. Your duties there?
5 A. To maintain procurement as well as
6 quality assurance and some logistics for the
7 Fisher organization.
8 Q. Logistics? What would some of the
9 logistics be?
10 A. Movement of products to warehouses.
11 Q. In 1997 you were the senior
12 vice-president for operations; is that correct?
13 A. That's correct.
14 Q. Your duties there?
15 A. Responsibility included the
16 reconfiguration of the distribution network from
17 small facilities around the U.S. into much larger
18 distribution centers.
19 Q. From 1998 to 1999 you were the senior
20 vice-president for marketing; is that correct?
21 A. That's correct.
22 Q. What were your duties in that position?
23 A. We were building a segment approach to
24 marketing from what had been the traditional
25 approach for Fisher Scientific. So my role was to
Magna Legal Services Page 29
1 work with industry segments to design strategies
2 for marketing.
3 Q. From 1999 to 2001 you were the senior
4 vice-president for e-commerce and business
5 development; is that correct?
6 A. That's correct.
7 Q. What were your duties in that position?
8 A. My primary responsibility was to build a
9 web-based platform to launch Fisher Scientific
10 into the internet age.
11 Q. In 2002 you took your current position
12 as senior vice-president for business development;
13 is that correct?
14 A. That's correct.
15 Q. What are your present duties?
16 A. My present duties include working with 17 customers in underdeveloped markets.
18 Q. Can you give me an example or two of an
19 underdeveloped market?
20 A. Middle East, eastern Europe.
21 Q. Am I correct that you're planning to
22 retire soon?
23 A. I never said, unless you know something
24 I don't.
25 Q. I'm sorry. I apologize. Do you
Magna Legal Services Page 30
1 recall in the list of these positions you held,
2 do you recall when you, yourself, were notified of
3 the dangers of asbestos?
4 MR. WILLIAMS: Object to the form. If
5 you understand "dangers of asbestos," if you
6 understand that, you can answer.
7 A. I need to understand the context for
8 dangers of asbestos.
9 BY MR. McMAHON:
10 Q. Well, I'll ask you this: Could you
11 consider asbestos a dangerous material?
12 A. I'm clearly not an expert.
13 MR. WILLIAMS: Object to the form. You
14 can answer.
15 A. I'm clearly not an expert. There are
16 products that we represent that are not dangerous
17 that are asbestos-containing products. They've
18 never been demonstrated to be dangerous. There
19 are clearly hazards of asbestos. If you put your
20 head into a bag of fiber, clearly that would be
21 dangerous. So there are various products with
22 various characteristics.
23 In all of our analysis, none of the products
24 that we sold that were of the encapsulated kind
25 were ever represented to be dangerous.
Magna Legal Services I Page 31 I 1 BY MR. McMAHON: I 2 Q. Of the forms of asbestos that you would I 3 consider dangerous, can you tell me in which
4 position you were in when you first learned of I 5 those dangers? I MR. WILLIAMS: Object to the form. But 6 I 7 you can answer.
8 A. I have no specific knowledge other than I 9 when the general pUblic was aware of the fact that I 10 there was danger associated with asbestos for I 11 large constru9tion projects, asbestos abatement, I 12 the study at Mount Sinai in the '70s sometime,
13 just general knowledge around the dangers of I 14 asbestos. I BY MR. McMAHON: 15 I 16 Q. To your knowledge, is Fisher Scientific
17 still in the business of supplying I 18 asbestos-containing materials? I 19 A. Fisher Scientific has not supplied I 20 asbestos-containing materials prior to 1980, 1981. I 21 Q. In your work with these developing
22 markets -- you mentioned the Middle East and I 23 eastern Europe -- to your knowledge, is Fisher I 24 Scientific supplying asbestos-containing materials I
25 within those markets?
L- ~I Magna Legal Services I I Page 32
1 A. Asbestos-containing materials have not
2 been available since 1981 through Fisher
3 Scientific.
4 Q. Are you aware of Fisher Scientific ever
5 employing an industrial hygienist?
6 MR. WILLIAMS: Object to the form. If
7 you understand, you can answer.
8 A. I'm not aware of that.
9 BY MR. McMAHON:
10 Q. Are you aware of Fisher Scientific ever
11 reviewing products to determine whether they
12 contained asbestos?
13 MR. WILLIAMS: Object to the form. It's
14 vague. But if you understand what's being asked,
15 you can answer.
16 A. To the extent that we had products in
17 our catalog prior to 1981, there were
18 asbestos-containing products. We had asbestos in
19 those products, the encapsulated form.
20 BY MR. McMAHON:
21 Q. Do you have any idea about what kind of
22 testing was done on these products?
23 A. Those products were sent from outside
24 manufacturers and were represented as encapsulated
25 or asbestos-containing products not manufactured
Magna Legal Services Page 33
1 by Fisher.
2 Q. SO is it your testimony that Fisher
3 Scientific didn't test or analyze these materials?
4 A. Yes.
5 Q. Do you know whether Fisher Scientific
6 tested or analyzed materials containing asbestos
7 other than those materials supplied by third
8 parties?
9 A. I have no knowledge of that.
10 Q. Do you know anyone other than yourself
11 within the organization who would have knowledge 12 of that?
13 A. There was -- no one outside of myself
14 would have knowledge of that.
15 Q. You're aware that Fisher Scientific was
16 aware of the dangers of asbestos in 1971; is that
17 correct?
18 MR. WILLIAMS: Object to the form. It's
19 vague. Assumes facts not in evidence. If you
20 understand what's being asked, you can answer.
21 A. The dangers of asbestos are not related
22 to the products that we categorize as
23 asbestos-containing products in our catalog.
24 (Plaintiffs'/Forte Exhibit 2 was marked.)
25
Magna Legal Services Page 34
1 BY MR. McMAHON:
2 Q. Mr. Forte, do you recognize this
3 document as a memo from Peter Del Boca to Tom
4 Price?
5 A. That's what the document reads.
6 Q. It's cc' d to W. Fisher at the bottom; is
7 that correct?
8 A. That's correct.
9 Q. Peter Del Boca is identified as the
10 quality investigation chemist; is that correct?
11 A. That's his title.
12 Q. This is an internal memo from Fisher
13 Scientific; is that correct?
14 A. That's correct.
15 Q. The memo identifies "our A-90S
16 asbestos"; is that correct?
17 A. Yes.
18 Q. The third full paragraph down underneath
19 the listing of chemical components reads, "This
20 material is toxic by inhalation of dust particles.
21 The tolerance in air is about 2 million particles
22 per cubic foot. Prolong-ed exposure to the dust
23 can result in pulmonary fibrosis (asbestosis),
24 emphysema and lung neoplasms"; is that correct?
25 A. That's correct.
Magna Legal Services Page 35
1 Q. So certainly, sir, by the date of this
2 memo, Fisher Scientific was aware of the hazards
3 of asbestos; is that correct?
4 UNIDENTIFIED COUNSEL: I'm going to
5 obj ect to form.
6 MR. GAFFREY: Objection to form.
7 MR. WILLIAMS: Object to form. You're
8 warping the document out of context. It does not
9 relate to the products at issue in this case.
10 MR. McMAHON: Counsel, you made your
11 objection to the form.
12 MR. WILLIAMS: I'm going to make my
13 objection, counsel. Don't interrupt me. It has
14 nothing to do with the products in this case.
15 Context is everything. Over my objection, you can
16 answer.
17 A. Can you repeat the question?-
18 BY MR. McMAHON:
19 Q. Sure. I'm just asking you, Mr. Forte,
20 if you would agree with me that by September 7,
21 1971, the date on this memo, Fisher Scientific was
22 aware of the hazards of asbestos?
23 MR. WILLIAMS: Same objection. But you
24 can answer and explain.
25 A. Fisher was aware of the hazards of
Magna Legal Services I Page 36 I 1 asbestos as it related to that particular product.
2 BY MR. McMAHON:
3 Q. Thank you. I 4 (Plaintiffs'/Forte Exhibit 3 was marked.) I 5 BY MR. McMAHON: I 6 Q. Mr. Forte, can you identify the document
7 we've marked as three? I 8 A. It appears to be a reproduction from a I Fisher Scientific catalog indicated as Catalog 74. 9 I 10 Q. That would indicate that it was the year
11 1974 that this catalog was issued? I 12 A. That would be correct. I Q. If you look at the second to last page 13 I 14 of this excerpt, page 674, you'll see that in the
15 upper left-hand corner Fisher has listed asbestos I 16 gloves. Do you see that? I 17 MR. WILLIAMS: Counsel, I'm lost. What I 18 page are you on?
19 MR. McMAHON: 674 . It's the second to I
20 last page.
21 A. Yes. I 22 BY MR. McMAHON:
23 Q. within that listing, Mr. Forte, the I 24 words "meets OSHA requirements" is printed; is I 25 that correct? I Magna Legal Services I I Page 37
1 A. Yes.
2 Q. But isn't it a fact that Fisher
3 Scientific had absolutely no authority to market
4 these gloves as OSHA approved?
5 MR. WILLIAMS: Object to the form.
6 MR. GAFFREY: Obj ection. Form.
7 MR. WILLIAMS: Assumes facts not in
8 evidence.
9 A. I have no knowledge of that.
10 BY MR. McMAHON:
11 Q. Isn't it a fact that this designation,
12 in effect, was misleading Fisher Scientific
13 customers?
14 MR. WILLIAMS: Objection to form.
15 MR. GAFFREY: Objection. Form.
16 MR. WILLIAMS: Assumes facts not in
17 evidence.
18 A. I have no knowledge of that.
19 BY MR. McMAHON:
20 Q. Do you have any idea of anyone who would
21 have knowledge of-that within the organization?
22 MR. WILLIAMS: Objection. Assumes facts
23 not in evidence.
24 A. Not that I would know of.
25 (Plaintiffs'/Forte Exhibit 4 was marked.)
Magna Legal Services Page 38
1 BY MR. McMAHON:
2 Q. Mr. Forte, the document just handed to
3 you is a letter from the U.S. Department of Labor;
4 is that correct?
5 A. That's correct.
6 Q. Have you ever seen this document before?
7 A. Yes, I have.
8 Q. The letter cites a December 3, 1975
9 letter from Fisher Scientific; is that correct?
10 A. That's correct.
11 Q. It states that in that December 3, 1975
12 letter, Fisher Scientific stated that it believes
13 laboratory products made of asbestos are exempt
14 from the asbestos standards; is that correct?
15 A. That's correct.
16 Q. The letter also states that the release
17 and extent of release of airborne fibers can only
18 be determined by monitoring; is that correct?
19 A. That's what it says, yes.
20 Q. Fisher Scientific never performed any
21 such monitoring, did it, Mr. Forte?
22 A. I have no knowledge that Fisher
23 Scientific performed monitoring. 24 MR. GAFFREY: Objection to form.
25
Magna Legal Services Page 39
1 BY MR. McMAHON: 2 Q. Do you know who within the organization
3 would know whether they performed any such
4 monitoring?
5 A. I know of no such person.
6 MR. WILLIAMS: Objection to form.
7 (Plaintiffs'/Forte Exhibit 5 was marked.)
8 BY MR. McMAHON:
9 Q. Mr. Forte, could you go ahead and
10 identify the document just handed to you?
11 MR. WILLIAMS: Is this an exhibit
12 number?
13 MR. McMAHON: It is Exhibit No.5.
14 A. It's a copy of a front cover of what
15 looks like the 1977 catalog.
16 BY MR. McMAHON:
17 Q. If you turn, sir, to page 783 -- I think
18 you have it there -- you'll see listed on the
19 right down at the bottom bold lettering, "For
20 Asbestos Counting." Do you see that?
21 A. Yes, I do. 22 Q. It appears that this listing is
23 advertising a phase contrast microscope. It
24 reads, "It is a useful tool for monitoring air
25 pollution (according to OSHA requirements) in
Magna Legal Services Page 40
1 plants using asbestos products"; is that correct,
2 sir?
3 MR. WILLIAMS: Object to the form. The
4 document speaks for itself.
5 A. Yes.
6 BY MR. McMAHON:
7 Q. So, Mr. Forte, Fisher Scientific
8 marketed and sold this microscope to consumers.
9 But do you have any knowledge if they ever
10 employed it in the testing of asbestos-containing
11 products that it marketed and sold?
12 MR. WILLIAMS: Object to form. Assumes
13 facts not in evidence. If you know the answer,
14 you can testify.
15 A. I have no knowledge of that.
16 BY MR. McMAHON:
17 Q. Do you know who within the organization
18 would have knowledge of that?
19 MR. WILLIAMS: Same objection.
20 A. Not that I would know of.
21 (Plaintiffs'/Forte Exhibit 6 was marked.)
22 BY MR. McMAHON:
23 Q. I'm sorry, Mr. Forte. Could you do me a
24 favor and turn back to Exhibit 5, the '77 catalog.
25 A. Yes. I have it.
Magna Legal Services Page 41
1 Q. Could you turn to page 1022. It looks
2 like it's about the sixth from the back. Do you
3 have it there?
4 A. Yes. I have it.
5 Q. Again, the asbestos gloves are marketed
6 as OSHA approved at the top; is that correct?
7 MR. WILLIAMS: Object to form. The
8 document says "Meets OSHA requirements." And it
9 speak for itself.
10 BY MR. McMAHON:
11 Q. Okay. I've been corrected. It does
12 indeed say "Meets OSHA requirements"; is that
13 correct?
14 A. That's what it says, yes.
15 Q. Do you have any idea what authority
16 Fisher Scientific had to market this glove as
17 meeting OSHA requirements?
18 MR. WILLIAMS: Object to. the form. If
19 you understand, you can answer.
20 A. I do not.
21 BY MR. McMAHON:
22 Q. Do you know who within your organization
23 would be able to answer that question?
24 A. I don't believe that person exists
25 today.
Magna Legal Services Page 42
1 Q. Do you believe that the designation was
2 made with a basis in science?
3 MR. WILLIAMS: Object to form.
4 MR. GAFFREY: Objection. Form.
5 MR. WILLIAMS: Vague. Assumes facts not
6 in evidence.
7 A. I have no way of knowing that.
8 BY MR. McMAHON:
9 Q. Would you agree with me that it's a
10 clear and dangerous misrepresentation to
11 consumers?
12 MR. WILLIAMS: Object to the form.
13 MR. GAFFREY: Obj ection to form.
14 MR. WILLIAMS: You can answer.
15 A. Overly broad.
16 BY MR. McMAHON:
17 Q. I'm sorry. Are you placing an objection
18 as well, or is that your answer?
19 A. That's just my answer. It's overly
20 broad.
21 Q. If you'll turn to Exhibit 6, this is a
22 Fisher Scientific memo from A. W. Anderson to Phil
23 Hunsucker; is that correct?
24 A. That's accurate.
25 Q. It's dated May 2, 1977; correct?
Magna Legal Services Page 43
1 A. That's correct.
2 Q. Can you tell me who Phil Hunsucker is or
3 was?
4 A. Phil Hunsucker was the director of
5 marketing at the time.
6 Q. How about A. W. Anderson?
7 A. Bill Anderson was the plant manager for
8 the Indiana, Pennsylvania manufacturing facility.
9 Q. Jack Reilly is copied on this memo. Can
10 you tell me who Jack Reilly is?
11 A. Jack Reilly was the safety the safety
12 director.
13 Q. Sir, have you ever seen this document
14 before?
15 A. Yes, I have.
16 Q. The second paragraph of the document
17 reads, "Regardless of a Department of Labor
18 statement, it does not appear to me to be in
19 keeping with our Fisher image to sell a customer a
20 product that we know is potentially dangerous."
21 Is that a correct representation?
22 A. That's what it says, although there's a
23 context around this particular document. This
24 document was produced at the manufacturing site
25 where, in fact, those boards were used for
Magna Legal Services Page 44
1 manufacture of fume hoods. Because there was
2 cutting and sewing involved, those would be
3 applicable to the OSHA standard.
4 It had nothing to do with encapsulated
5 products of the type that are at issue in the
6 cases that we're discussing today.
7 Q. Asbestos-containing products were not
8 immediately barred from marketing and sale in May
9 of 1977, were they?
10 A. There was no need to.
11 Asbestos-containing products as distributed by
12 Fisher and manufactured by others were not viewed
13 to be hazardous, and, therefore, there was no
14 reason at that point in time to bar those products
15 for sale.
16 This relates to a manufactured product in a
17 manufacturing process that is unrelated to product
18 sold for resale that we're discussing today.
19 Q. So the asbestos-containing products were
20 sold for the entirety of 1977; is that correct?
21 A. Well, there's two set of products.
22 There's the product that was sold. There was a
23 manufactured product that was subject to OSHA
24 regulation, and our intent there was to look for
25 ways to protect our employees.
Magna Legal Services Page 45
1 The products that are at issue in this
2 particular discussion today in the three cases,
3 those are products that were encapsulated, not
4 part of the manufacturing process, sold to Fisher
5 by other manufacturers and not viewed to be
6 hazardous.
7 Q. Those products, sir, continued to be
8 sold in the year 1977; is that correct?
9 A. We initiated as new products were
10 available, we began to initiate the phaseout of
11 those products in and around that time.
12 Q. Were asbestos-containing products sold
13 in 1977?
14 A. We have no record of that.
15 Q. Were they marketed in your catalogs in
16 1977?
17 A. They were in the catalog, yes.
18 Q. Were they marketed in the catalog in
19 1978?
20 A. Some of the products still remained in
21 '78, and all the products disaappeared in the '81
22 catalog.
23 Q. Why were these asbestos-containing
24 products being phased out?
25 A. By 1975, '76, '77, asbestos became a
Magna Legal Services Page 46
1 stigma and essentially a dirty word for consumers.
2 And although we recognized that the products had a
3 need by the scientists, the fact was that those
4 products were not hazardous. And from a marketing
5 perspective, it was viewed that we would
6 discontinue those products from the catalog in
7 anticipation of the fact that there was public
8 awareness that asbestos was not a positive word.
9 Q. On what basis did you make the decision
10 that they were not hazardous if I previously asked
11 you about these products being tested and analyzed
12 and you told me you don't have any information on
13 that?
14 A. I'll separate the two. There was
15 recognition that in the manufacturing environment,
16 the product as referenced in this document
17 suggests that there was care to be taken because
18 it applied to cutting and sawing of asbestos. In
19 the other instances, those products were never
20 viewed to be hazardous.
21 Q. I want to be clear. I fully understand
22 you, and I'm only asking about the
23 asbestos-containing products. Now, you've again
24 told me they were viewed to be safe.
25 What I'm asking you is: How did Fisher
Magna Legal Services Page 47
1 Scientific make that determination, if you
2 testified to me that Fisher Scientific neither
3 tested nor analyzed them?
4 A. There was no body of information that
5 suggested they were not safe.
6 Q. What do you base that conclusion on?
7 MR. WILLIAMS: Object to form. That's
8 an indecipherable question. If you understand it,
9 you can answer it.
10 A. Having not been there in that position
11 in 1977, I have no knowledge of that.
12 BY MR. McMAHON:
13 Q. Do you know who would have knowledge of
14 that within the organization?
15 A. To the best of my understanding, no one
16 exists that would have knowledge of that.
17 Q. SO is it a fair statement that Fisher
18 Scientific made the determination that
19 asbestos-containing products again, only the
20 asbestos-containing products is it a fair
21 statement to say that Fisher Scientific made the
22 determination that these products were safe
23 without any monitoring, testing or analysis of
24 these products?
25 MR. GAFFREY: Objection to form.
Magna Legal Services Page 48
1 A. Based on the information available at
2 the time, the decision was made that those
3 products were safe.
4 BY MR. McMAHON:
5 Q. Well, sir, what was the information
6 available at the time?
7 A. It would be speculation on my part.
8 Q. Do you know who within Fisher Scientific
9 could tell me what the available information was
10 at that time that led Fisher Scientific to make
11 the determination that these asbestos-containing
12 products were safe?
13 A. I don't believe that person is available
14 or exists.
15 Q. Now, the asbestos-containing products
16 continued to be marketed and sold through the
17 catalogs until 1981; is that your testimony?
18 A. Well, they all disappeared from the
19 catalog by 1981. So from the period of 1977, '78
20 and through production of the '81 catalog, those
21 products were being discontinued.
22 Q. Isn't it true that the phaseout was not
23 an immediate stop of the sale of these products
24 because obviously that would have been bad for
25 business for Fisher Scientific? And by bad by
Magna Legal Services Page 49
1 business, I mean a loss of profits.
2 MR. GAFFREY: Objection to form
3 MR. WILLIAMS: Object to the form.
4 Assumes facts not in evidence. Over my objection,
5 you can answer.
6 A. That's an assumption. That's not
7 accurate. So to the extent those products were
8 required by scientists because they still needed
9 to use that product and the fact that substitute
10 products generated profits, it didn't make a
11 difference from the profit perspective. It was a
12 question of they were viewed to be nonhazardous.
13 The fact that scientists needed those products as
14 laboratory tools until an alternate was available,
15 scientists chose to buy these products.
16 BY MR. McMAHON:
17 Q. You testified that by 1975, the pUblic
18 had viewed asbestos as a bad word; is that
19 correct?
20 A. To the extent that there was a
21 connotation of asbestos in construction,
22 shipbuilding and abatement, that was a bad word.
23 Q. Did Fisher Scientific around 1975 share
24 that same consideration that asbestos was a,
25 quote, bad word?
Magna Legal Services Page 50
1 MR. WILLIAMS: Object to the form. The
2 question is indecipherable. If understand it, you
3 can answer.
4 A. I have knowledge of that.
5 BY MR. McMAHON:
6 Q. Do you know who within the organization
7 would have knowledge of that?
8 A. I do not.
9 (Plaintiffs'/Forte Exhibit 7 was marked.)
10 BY MR. McMAHON:
11 Q. Mr. Forte, this is a Fisher Scientific
12 memo from Jack Reilly to Al Heidrich. It's dated
13 November 22,1978; is that correct?
14 A. That's correct.
15 MR. WILLIAMS: Are you marking this as
16 an exhibit?
17 MR. McMAHON: Exhibit 7.
18 BY MR. McMAHON:
19 Q. Have you ever seen this document before,
20 Mr. Forte?
21 A. Yes, I have.
22 Q. Within this document -- who is, by the
23 way, Al Heidrich?
24 A. I know he worked for the education
25 materials division. My belief was he was part of
Magna Legal Services Page 51
1 the marketing organization there.
2 Q. In this document, Mr. Reilly states in
3 the first line, "Per our recent telephone
4 conversations, we legally cannot use the words,
5 'OSHA approved,' in any printed material, and, for
6 the record, neither can our competition."
7 He goes on to state that, "OSHA does not
8 approve products, and, in fact, we could be fined
9 by the Federal Trade Commission for an unfair
10 trade practice." Then he makes specific citations
11 to where these words appear in the 1979 catalog;
12 is that correct?
13 A. That's correct.
14 Q. He then states he also noticed the
15 language "in full compliance with OSHA" on page
16 1016, cat a log numb e riO - 027 - 2 0; is t hat cor r e c t ?
17 A. That's correct.
18 Q. Mr. Reilly cites at the end of the
19 letter, he states, "Al, we can effectively use
20 OSHA as a marketing tool; however, we must be
21 careful with our advertising and wording"; is that
22 correct?
23 A. That's correct.
24 Q. The marketing that is cited in this memo
25 of 1978 was being used at least four or five years
Magna Legal Services Page 52
1 prior to this, and I cite the 1974 catalog that we
2 just viewed; is that correct?
3 MR. WILLIAMS: Object to the form.
4 Assumes facts not in evidence. Why don't you show
5 him the exhibit. Let him look at an exhibit.
6 MR. McMAHON: I'm sorry. I just
7 referenced what we had just looked at. It's the
8 1974 catalog.
9 MR. WILLIAMS: What page?
10 MR. McMAHON: Let's go back to it. It
11 would be the second to last page. The gloves at
12 the top left reads, "Meets OSHA requirements."
13 MR. WILLIAMS: Are you. there?
14 THE WITNESS: Not yet. What was the
15 page number?
16 BY MR. McMAHON:
17 Q. I'm sorry. It's 674.
18 A. Okay.
19 MR. WILLIAMS: Now that we've oriented
20 ourselves, what was the question?
21 BY MR. McMAHON:
22 Q. Would you agree with me, Mr. Forte, that
23 listed in 1974 under these gloves are the words
24 "Meets OSHA requirements" which is similar,
25 substantially similar, if not identical, to "In
Magna Legal Services Page 53
1 full compliance with OSHA"; is that correct?
2 MR. WILLIAMS: I'm going to object to
3 the form of the question as indecipherable and
4 utterly unfair. If you understand what's being
5 asked specifically, you can answer.
6 BY MR. McMAHON:
7 Q. Let's go back because you've now been
8 instructed by your counsel how to answer the
9 question. So let me go back.
10 MR. WILLIAMS: I haven't done that.
11 Your question doesn't make any sense.
12 MR. McMAHON: Counsel, you make your
13 objection. You state the basis of your objection.
14 MR. WILLIAMS: Don't interrupt me when
15 I'm objecting.
16 MR. McMAHON: And you close your mouth
17 for me to conduct this deposition the way I will
18 conduct it.
19 MR. WILLIAMS: I'm going to make my
20 objections the way I chose.
21 MR. McMAHON: You will make them within
22 the rules of court, counsel.
23 MR. WILLIAMS: Are you interrupting me?
24 Let me make my objection. Ask a decipherable
25 question, counsel. You misread from a catalog.
Magna Legal Services Page 54
1 MR. McMAHON: Could you please mark the
2 record.
3 MR. WILLIAMS: Ask a decipherable
4 question.
5 BY MR. McMAHON:
6 Q. Mr. Forte, the gloves in the 1974
7 catalog which we have previously reviewed --
8 A. Yes.
9 Q. -- state at the end of the advertisement
10 "Meets OSHA requirements"; is that correct?
11 A. That's what it states, yes.
12 Q. If we turn to the memo, which we've
13 marked Exhibit No.7, Mr. Reilly states that, "I
14 also noticed the language, 'In full compliance
15 with OSHA"'; is that correct?
16 A. Yes.
17 Q. Does it appear that Mr. Reilly is
18 telling Mr. Heidrich that language such as this
19 cannot be used in catalogs?
20 MR. WILLIAMS: Object to the form.
21 Assumes facts not in evidence. Completely
22 unrelated to the catalog reference you gave him
23 previously. If you understand what's being asked,
24 you can answer.
25 A. We were talking about a different
Magna Legal Services Page 55
1 catalog. So we're not even talking about the same
2 catalog.
3 BY MR. McMAHON:
4 Q. I'm only asking you if the language in
5 the 1974 catalog, "Meets OSHA requirements,"
6 matches the language substantially, "In full
7 compliance with OSHA," from Mr. Reilly's memo?
8 MR. WILLIAMS: Object to the form. If
9 you understand what's being asked, you can answer
10 it.
11 A. To me, they're not necessarily the same.
12 BY MR. McMAHON:
13 Q. Can you tell me how they differ?
14 MR. WILLIAMS: Again, I obj ect to the
15 form. You're talking about two different
16 catalogs.
17 BY MR. McMAHON:
18 Q. I'm asking about the language. So,
19 Mr. Forte, if you could just
20 MR. WILLIAMS: Two different catalogs.
21 A. You should recognize they're two
22 catalogs in two different business entities. So
23 I'm not sure what you mean.
24 BY MR. McMAHON:
25 Q. Well, let's break this down. Let's
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1 break this down. Here's what I'm asking you,
2 Mr. Forte: In this memo dated 1978, Mr. Reilly,
3 is he not warning Mr. Heidrich that Fisher
4 Scientific cannot use language like, "In full
5 compliance with OSHA," when it advertises its
6 products?
7 MR. WILLIAMS: Object to the form. He
8 doesn't use the word warn. The document speaks
9 for itself. You can answer.
10 A. He has indicated that you cannot use
11 phraseology such as OSHA approved.
12 Q. And in the 1974 catalog, which I've
13 directed you to, in the top left-hand corner where
14 the asbestos gloves are advertised, the language
15 at the end of that advertisement reads, "Meets
16 OSHA requirements"; isn't that correct?
17 A. That's what it says.
18 BY MR. McMAHON:
19 Q. You don't have any estimate, Mr. Forte,
20 of how many customers relied on this marketing
21 language when purchasing products, do you?
22 MR. WILLIAMS: Objection. Form. Calls
23 for speculation.
24 A. I have no idea.
25 (Plaintiffs'/Forte Exhibit 8 was marked.)
Magna Legal Services Page 57
1 BY MR. McMAHON:
2 Q. Mr. Forte, Exhibit 8 is a letter. It's
3 signed some Concerned Seventh Grade Science
4 Students, and it is sent to Fisher Scientific
5 Company, 711 Forbes Avenue, Pittsburgh,
6 Pennsylvania; is that correct?
7 A. That's correct.
8 Q. It's dated October 11,1978; correct?
9 A. That's correct.
10 Q. Would you agree that this letter,
11 Mr. Forte, is from Concerned Seventh Grade
12 Students very concerned about the fact that
13 asbestos may cause cancer?
14 MR. WILLIAMS: Object to the form.
15 Assumes facts not in evidence. The document
16 speaks for itself. If you understand the
17 question, you can answer.
18 A. The letter from the students says that
19 from their facts, that they're concerned about
20 asbestos and cancer.
21 BY MR. McMAHON:
22 Q. The students are also looking for ideas
23 about using an alternative chemical; is that
24 correct?
25 MR. WILLIAMS: Object to the form. The
Magna Legal Services Page 58
1 document speaks for itself. I'm not sure it's
2 proper to characterize the document. If you
3 understand, you can answer. Read the document and
4 respond.
5 A. They're looking for possible information
6 around an alternative chemical.
7 BY MR. McMAHON:
8 Q. The letter also reads, "Why aren't you
9 warning the people if asbestos is dangerous?"
10 That's correct, isn't it?
11 MR. WILLIAMS: Objection. The document
12 speaks for itself.
13 A. That's what the letter says, yes.
14 BY MR. McMAHON:
15 Q. The students -- by the way, have you
16 ever seen this document before, Mr. Forte?
17 A. Yes, I have.
18 Q. The students write, "Could you possibly
19 send us information on asbestos or an alternative
20 chemical"; is that correct?
21 A. That's what it says.
22 Q. At the top of the document is some
23 handwriting, and it reads, "Jack Reilly, how do we
24 answer this? Appreciate your expert advice." Do
25 you see that handwriting?
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1 A. I do.
2 Q. I don't know if you can tell. Is that
3 signed by Al Heidrich?
4 A. It looks like his name on the document.
5 Q. Mr. Forte, the requests by these school
6 children are not complex requests, are they?
7 MR. GAFFREY: Objection to form.
8 A. I have no way of knowing how you're
9 defining the context of complex. It's a complex
10 topic. They made a broad sweeping statement
11 around the fact that asbestos is dangerous without
12 any context as to the type of asbestos or the
13 application.
14 BY MR. McMAHON:
15 Q. Fisher Scientific possessed the
16 information to provide answers to these questions,
17 didn't they, Mr. Forte?
18 MR. WILLIAMS: Object to the form.
19 Assumes facts not in evidence. Compound as well.
20 A. It doesn't necessarily suggest that
21 individuals who respond to this letter are the
22 same individuals who would have had any knowledge
23 about the area of asbestos.
24 BY MR. McMAHON:
25 Q. Fisher Scientific was aware of the
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1 dangers of asbestos at least six years prior;
2 isn't that correct, Mr. Forte?
3 MR. WILLIAMS: Object to the form.
4 Assumes facts not in evidence. Without any
5 context. Over my objection, you can answer if you
6 understand.
7 A. So I think the context is critical in
8 terms of asbestos in the manufacturing environment
9 where people are sawing and cutting, which is a
10 concern that Fisher had for its employees, and
11 asbestos in products that were not viewed to be
12 dangerous.
13 BY MR. McMAHON:
14 Q. So it's the position of Fisher
15 Scientific that it was safe to place the
16 asbestos-containing products within the use of the
17 children at this school in 1978; is that correct?
18 MR. WILLIAMS: Objection. What
19 products?
20 A. Can you repeat that question?
21 BY MR. McMAHON:
22 Q. Sure. It is the position of Fisher
23 Scientific that in 1978, it was acceptable to
24 place the asbestos products cited in this letter
25 or any asbestos, for that matter, within the reach
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1 of children in this school district?
2 MR. WILLIAMS: Objection.
3 MR. GAFFREY: Obj ection. Form.
4 MR. WILLIAMS: Now it's compound and
5 objectionable and contrary to the witness'
6 testimony. But you can answer if you understand
7 it.
8 A. So if we we have no knowledge of the
9 sale and that we even sold to that school the
10 products that they're talking about.
11 BY MR. McMAHON:
12 Q. Let's look at what the children ask. In
13 the letter, it says, "We are curious about
14 asbestos because we will be doing several
15 experiments with asbestos pads and are very
16 concerned about the fact that asbestos may cause
17 cancer. We would like to know if you have any
18 ideas about using an alternate chemical instead of
19 asbestos."
20 The students are concerned about asbestos
21 pads. Fisher Scientific certainly understood what
22 asbestos pads is; isn't that correct?
23 A. I would assume there was some knowledge
24 of asbestos pads. Once again, those were
25 manufactured by entities outside of Fisher, and we
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1 would have taken whatever information had been
2 given to us by the manufacturer of those pads.
3 Q. Is it the position of Fisher Scientific
4 that in 1978, it was perfectly acceptable to
5 supply asbestos-containing pads to school children
6 such as these?
7 MR. WILLIAMS: I'll just object. It
8 assumes that pads were supplied to these students.
9 Over my objection, you can answer.
10 A. We had no knowledge that those pads
11 would have been anything more than encapsulated
12 products and not subject to OSHA.
13 BY MR. McMAHON:
14 Q. But you previously testified that these
15 encapsulated products had not been monitored,
16 tested or analyzed by Fisher Scientific; isn't
17 that correct?
18 MR. WILLIAMS: Mischaracterization of
19 his testimony. Objection.
20 MR. GAFFREY: Objection to form.
21 MR. WILLIAMS: Over my objection, you
22 can answer.
23 A. But those products were typically
24 supplied by outside suppliers. I have no way of
25 knowing whether they did monitoring when they
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1 manufactured those products.
2 BY MR. McMAHON:
3 Q. What about Fisher Scientific? Again, do
4 you have any knowledge as to whether Fisher
5 Scientific would have analyzed or tested these
6 products being supplied by third parties?
7 A. I have no knowledge of that.
8 Q. You don't know anyone within the
9 organization who does have that knowledge; isn't
10 that correct?
11 A. That's accurate.
12 MR. WILLIAMS: We've been going about an
13 hour. Let's take a break.
14 MR. McMAHON: Okay.
15 THE VIDEOGRAPHER: The time is
16 11:09 a.m. We are now off the record.
17 (There was a recess in the proceedings.)
18 THE VIDEOGRAPHER: The time is
19 11:21 a.m. This is the beginning of tape number
20 two of the deposition of Robert Forte. Back on
21 the record.
22 BY MR. McMAHON:
23 Q. Mr. Forte, you're aware you're still
24 under oath; is that correct?
25 A. Yes, I am.
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1 Q. Your counsel interrupted my exam while
2 we were discussing this letter. I'd like to ask
3 you about any of the conversations you had with
4 your counsel outside. Did you have any
5 conversations with counsel?
6 A. Just chitchat, general discussion around
7 the issues at hand, of the products at hand.
8 Q. Can you describe for me what the
9 conversation entailed?
10 A. Products that we're dealing with are
11 products that are related to encapsulated asbestos
12 and not manufactured products.
13 Q. Did your counsel ask you or did you
14 discuss anything with particularity to this letter
15 that we're discussing?
16 A. No.
17 Q. Just so I can understand
18 MR. WILLIAMS: I'm going to object to
19 your characterization of me interrupting your
20 question. I didn't do that at all. You had no
21 question pending when we took the break.
22 BY MR. McMAHON:
23 Q. I just want to understand Fisher
24 Scientific's position with regard to the letter
25 from these Concerned Seventh Grade Science
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1 students, Mr. Forte. Is it the position that
2 Fisher Scientific felt that truthful answers to
3 the questions set forth by these school children
4 required expert advice?
5 MR. WILLIAMS: Object to the form.
6 Calls for a legal conclusion about what is an
7 expert. If you know, you can answer.
8 A. I have no way of knowing what the
9 conversation was at that point in 1970 between the
10 two parties other than this letter.
11 BY MR. McMAHON:
12 Q. What about your own interpretation,
13 Mr. Forte? When you look at this letter from
14 seventh grade students, is it your interpretation
15 that the questions being asked here require expert
16 advice to answer?
17 MR. WILLIAMS: Object to form.
18 MR. GAFFREY: Obj ect to the form.
19 MR. WILLIAMS: Calls for utter
20 speculation on the part of this witness. If you
21 know I you can answer.
22 A. Are you asking me as an individual or
23 are you asking me as a corporate representative?
24 BY MR. McMAHON:
25 Q. I'm asking you as an individual, sir.
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1 A. My sense is that someone received a
2 letter. I'm not sure whether there was a decision
3 made to proceed or there was a follow-up document.
4 I have no way of knowing what the next steps were
5 other than the letter was received.
6 Q. So you can't tell me, sir, whether you,
7 yourself, when you look at this letter think that
8 an expert would be necessary to answer this
9 letter? You can't tell me one way or the other?
10 MR. GAFFREY: Objection. Form.
11 MR. WILLIAMS: He's not being deposed as
12 an individual. The deposition notice is for a
13 corporate representative. That's what he's here
14 to testify to.
15 MR. McMAHON: Are you instructing him
16 not to answer the question?
17 MR. WILLIAMS: I am. Ask your next
18 question.
19 MR. McMAHON: I just want to be clear.
20 You're instructing him not to answer that
21 question?
22 MR. WILLIAMS: In his individual
23 capacity, that's correct, because that's not what
24 you noticed in your deposition.
25 MR. McMAHON: I think maybe it's a good
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1 time to mark the record and call the Special
2 Master. We'll have Mr. Forte outside of the room
3 when we do that. Then we'll go off the record as
4 she requires.
5 THE VIDEOGRAPHER: We're now off the
6 record.
7 (Off the video record.)
8 MR. McMAHON: The Special Master is
9 going to ask me if he's outside of the room. Are
10 you instructing him to stay in the room?
11 MR. WILLIAMS: When you get the Special
12 Master on the line, then he can leave.
13 MR. GAFFREY: If you're going to call
14 the Special Master, can we have the last few
15 questions read back, please.
16 MR. McMAHON: Sure.
17 SPECIAL MASTER'S OFFICE: Agatha
18 Dzikiewicz' office
19 MR. McMAHON: Hi. It's Mike McMahon
20 from Cohen Placitella & Roth. We're in Pittsburgh
21 in the deposition of Robert Forte in three cases,
22 Zakanych, Blackburn and Feldner. I have stopped
23 the deposition in hopes that I can speak with 24 Agatha on an issue.
25 SPECIAL MASTER'S OFFICE: She's actually
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1 over with one of the other judges. I don't know
2 when she'll be back. Can you leave me a number
3 for her when she gets back?
4 MR. McMAHON: Why don't we just keep
5 going, and the next time we take a break, I'll try
6 and make another call.
7 SPECIAL MASTER'S OFFICE: Okay. She'll
8 be in and out because she does have afternoon
9 asbestos conferences. She's over with the Master
10 Judge now. I don't know. I'm just giving you her
11 schedule.
12 MR. McMAHON: Thank you.
13 MR. MIRABILE: Counsel, can you hear me?
14 MR. McMAHON: Yes.
15 MR. MIRABILE: My name is Tony Mirabile.
16 The depo notice that I have has a Philly caption
17 for Blackburn. Is that the one that you have?
18 MR. McMAHON: Yes.
19 MR. MIRABILE: Common Pleas Court in
20 Philadelphia; is that correct?
21 MR. McMAHON: There's three caption
22 notices. You may only have one.
23 MR. MIRABILE: Blackburn is a
24 Philadelphia County case?
25 MR. McMAHON: Yes, it is.
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1 MR. MIRABILE: The Special Master you're
2 calling is not in Philadelphia County?
3 MR. McMAHON: No. She's in New Jersey.
4 MR. MIRABILE: Are the other two cases
5 captioned in the multidistrict litigation 875 as I
6 understand it?
7 MR. McMAHON: No. They're both
8 captioned in New Jersey.
9 MR. MIRABILE: The deposition notice I
10 have, we have two MDL cases and we've got a lower
11 case?
12 MR. McMAHON: What's the difference?
13 What does it mean?
14 MR. MIRABILE: Well, I'm not necessarily
15 making an objection at this point. I was just --
16 obviously as procedure, you're calling the Special
17 Master. I wanted to determine which court that
18 Special Master sits in.
19 MR. McMAHON: Well, it's New Jersey.
20 MR. MIRABILE: Okay. Can you give me a
21 specific county court or state court?
22 MR. McMAHON: Yes, Middlesex County, New
23 Jersey. 24 MR. MIRABILE: Thank you.
25 MR. GAFFREY: Again, Michael, can we
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1 have the last few questions read back?
2 MR. McMAHON: Now? We're not getting on
3 the phone with the special master. Let's just
4 keep going.
5 MR. GAFFREY: I'd like to be prepared
6 for when and if the Special Master calls us.
7 MR. McMAHON: She's not calling us,
8 Marc. If we get her at the next break -- we'll
9 call her or we just keep going.
10 MR. GAFFREY: Can you just for my
11 benefit read back the last few questions?
12 MR. WILLIAMS: We've got it marked,
13 Marc. It's okay. We've got it marked.
14 THE VIDEOGRAPHER: The time is 11:28.
15 We're now back on the record.
16 BY MR. McMAHON:
17 Q. Mr. Forte, I apologize for the
18 interruption. You, of course, understand that
19 you're still under oath; correct?
20 A. Yes.
21 (Plaintiffs'/Forte Exhibit 9 was marked.)
22 BY MR. McMAHON:
23 Q. Mr. Forte, this is a Fisher Scientific
24 Company memo from Jack Reilly to Charles -- I'm
25 sorry. It's a letter from Jack Reilly to Charles
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1 Kohler at the Northeastern Junior High School; is
2 that correct?
3 A. That's correct.
4 Q. This letter is dated December 11, 1978
5 and appears to be in response to the letter from
6 the Concerned Seventh Graders; is that correct?
7 A. It would seem that way.
8 Q. It appears it took Fisher Scientific one
9 month to answer the letter from the Concerned
10 Seventh Graders; correct?
11 MR. WILLIAMS: Object to the form. But
12 you can answer.
13 A. Based on the calendar dates, that's 14 accurate.
15 BY MR. McMAHON:
16 Q. The letter, Mr. Forte, doesn't address
17 the questions raised by the children in their
18 letter, does it?
19 MR. WILLIAMS: Object to the form. The
20 documents speak for themselves.
21 BY MR. McMAHON:
22 Q. Let's go through it this way, Mr. Forte.
23 The letter doesn't alleviate the students'
24 concerns about asbestos causing cancer, does it?
25 MR. WILLIAMS: Object to the form.
Magna Legal Services Page 72
1 Assumes facts not in evidence as well. If you
2 understand, you can answer.
3 A. The letter just states the facts around
4 the product.
5 BY MR. McMAHON:
6 Q. The letter does not offer the students
7 alternatives to asbestos as they requested, does
8 it, Mr. Forte?
9 MR. WILLIAMS: Objection. The documents
10 speak for themselves.
11 A. That's what the letter suggests.
12 BY MR. McMAHON:
13 Q. I'm sorry. What does the letter
14 suggest?
15 A. The letter suggests there's no response
16 to an alternate product.
17 Q. The letter doesn't answer the students'
18 very simple question, "Why aren't you warning the
19 people that asbestos is dangerous," does it?
20 MR. WILLIAMS: Object to the form.
21 Assumes fact not in evidence. Over my objection,
22 if you understand, you can anS\'ler.
23 A. The letter does state that the standard
24 refers to asbestos operations that liberate
25 airborne particles, of which the products in
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1 question are not part of the standard.
2 BY MR. McMAHON:
3 Q. Well, the students asked, "Why aren't
4 you warning the people that asbestos is
5 dangerous," in their letter. This letter doesn't
6 have an answer to that, does it? Or is it the
7 position of Fisher Scientific that it does answer
8 that?
9 A. Implied in the letter is a discussion on
10 asbestos operation to liberate airborne particles
11 based on the prior discussion or the prior
12 communication from OSHA, from Mr. Reilly this
13 is dated probably three years earlier -- and his
14 understanding as to are these products subject to
15 OSHA standards. Based on the response from OSHA
16 suggesting they're not, he's responding saying we
17 do not liberate airborne particles, and the OSHA
18 standard talks about asbestos operations that
19 liberate airborne particles.
20 Q. But you've testified here today you have
21 no knowledge nor is there anyone within Fisher
22 Scientific with knowledge of whether these
23 products were tested or analyzed by Fisher
24 Scientific; isn't that correct?
25 A. I think the basis for the decision was
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1 based on the requirement or the note that
2 Mr. Reilly had sent probably three years prior to
3 that trying to determine from OSHA whether, in
4 fact, these products were within the standard or
5 outside the standard and whether, in fact, OSHA
6 viewed these products to be harmful.
7 On that basis that OSHA did not suggest
8 products of this nature would be harmful, this is
9 a response to Mr. Reilly based on what he knew at
10 the time that OSHA suggested products that
11 liberate asbestos or airborne particles would be
12 harmful.
13 Q. The letter also doesn't address the
14 students' request for information on asbestos and
15 alternative chemicals, does it?
16 A. It doesn't, but Mr. Reilly is not an
17 expert. I'm not sure he would have known if, in
18 fact, there was an alternate product for asbestos
19 at that point.
20 MR. McMAHON: Mark this as Fisher 10 or
21 Exhibit 10. Excuse me.
22 (Plaintiffs'/Forte Exhibit 10 was marked.)
23 BY MR. McMAHON:
24 Q. This is another letter from Jack Reilly
25 to the Northeastern School District High School;
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1 correct?
2 A. That's correct.
3 Q. It's dated December 18, 1978, which
4 would be about a week after his last letter;
5 correct?
6 A. That's correct.
7 Q. This letter seeks only to identify the
8 asbestos pads mentioned in the original letter
9 from the school children, doesn't it?
10 A. Yes, it does.
11 Q. Again, this letter doesn't answer the
12 children's questions strike that it doesn't
13 alleviate the students' concerns about asbestos
14 causing cancer, does it?
15 MR. WILLIAMS: Objection to form.
16 Assumes facts not in evidence.
17 MR. GAFFREY: Objection to form.
18 MR. WILLIAMS: Over my objection, if you
19 understand, you can answer.
20 A. This letter was intended to respond back
21 to the teacher around the nature of the product
22 and the catalog numbers in question.
23 BY MR. McMAHON:
24 Q. The letter doesn't offer the students
25 alternatives to asbestos as they requested, does
Magna Legal Services Page 76
1 it?
2 MR. WILLIAMS: Object to the form.
3 Assumes facts not in evidence. You can answer.
4 A. As suggested, there's no understanding
5 that at that time John Reilly, who was the
6 corporate safety director, had any knowledge of
7 what those items might be.
8 BY MR. McMAHON:
9 Q. Again, sir, it doesn't answer the
10 students' very simple question, why aren't you
11 warning the people that asbestos is dangerous,
12 does it?
13 MR. WILLIAMS: Object to the form.
14 Assumes facts not in evidence in this context.
15 Over my objection, you can answer.
16 A. In the context of this particular
17 product, based on the discussions Mr. Reilly had
18 had probably three years earlier trying to
19 determine from OSHA whether the standard applied,
20 his response would have been the standard doesn't
21 apply to these products and consequently not
22 viewed to be hazardous.
23 MR. McMAHON: Mark this Fisher 11.
24 (Plaintiffs'/Forte Exhibit 11 was marked.
25
Magna Legal Services Page 77
1 BY MR. McMAHON:
2 Q. This is a Fisher Scientific
3 inter-department communication from Jim Cenname to
4 Bret t H a r r i son d ate d Dec e mb e r 4, I 978; is t hat
5 correct?
6 A. That's correct.
7 Q. Have you ever seen this document before,
8 sir?
9 A. Yes, I have.
10 Q. Under number one
11 MR. WILLIAMS: Do you want a chance to
12 read this document? It's rather lengthy.
13 BY MR. McMAHON:
14 Q. I'm sorry. I apologize. All set?
15 A. Yes, I am.
16 Q. The document lists a number of
17 asbestos-containing products sold by Fisher
18 scientific; is that correct?
19 A. No. That's not the context of this
20 document. The context of this document is that
21 it's communication from -- to individuals within
22 the manufacturing facility at Indiana,
23 pennsylvania that were discussing manufactured
24 products, different from the products that we're
25 discussing that are at issue today.
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1 These products, as we had talked about
2 earlier, did contain in some cases, if you go down
3 to F, transite. It was the intent of the
4 manufacturing facility to eliminate all of the
5 asbestos-containing components into products.
6 These were products not of the kind we talked
7 about earlier, the encapsulated kind, the
8 components that were used for wiring or coating
9 for inside a piece of equipment. These are
10 manufactured products.
11 Q. Sir, do you know the question that I
12 asked you?
13 A. I gave you some context for -- you
14 wanted to know the number, the catalog numbers of
15 the products. I'm trying to define for you the
16 fact that there's a difference between products
17 that were manufactured at the plant versus
18 products at issue in this case, which are products
19 that were sold by Fisher manufactured by others
20 that were the encapsulated form.
21 MR. McMAHON: Could you read back my
22 original question, please.
23 (The record was read back.)
24 BY MR. McMAHON:
25 Q. So listed here A through F, are these
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1 asbestos-containing products that were sold by
2 Fisher Scientific?
3 A. No. These are
4 MR. WILLIAMS: Objection. Asked and
5 answered. You can answer it again.
6 A. These are asbestos-containing products
7 that were used in the manufacturing process for
8 various pieces of equipment.
9 BY MR. McMAHON:
10 Q. So then they were not sold?
11 A. That's correct.
12 Q. Were the pieces of equipment sold?
13 A. Pieces of equipment would have been
14 sold.
15 Q. Those pieces of equipment would have
16 been asbestos-containing products; is that
17 correct?
18 MR. WILLIAMS: Object to the form. But
19 if you understand, you can answer.
20 A. If they would have had components and it
21 would have been asbestos-containing components.
22 BY MR. McMAHON:
23 Q. So you're drawing a distinction between
24 asbestos-containing products that are sold on
25 their own and asbestos that goes into a product;
Magna Legal Services Page 80
1 is that correct?
2 A. I'm drawing the distinction between the
3 products that are at issue in this case, which
4 were manufactured by other individuals and sold to
5 Fisher Scientific that were not viewed to be part
6 of the OSHA standard based on our communication
7 with OSHA, compared to products that had
8 potentially a manufactured component that was
9 buried somewhere in the inside of a piece of
10 equipment.
11 Q. Would asbestos tape with adhesive
12 backing necessarily be buried within the inside of
13 a piece of equipment?
14 A. I have no way of knowing specifically
15 which one would apply where.
16 Q. But it's your testimony that each of
17 these listed here would be placed within a
18 product; is that correct?
19 A. It doesn't suggest all of them. It
20 suggests one or more may have been inside a
21 product.
22 Q. The second paragraph from the top --
23 from the bottom reads, "Asbestos is a problem we
24 have been avoiding for a number of years now." Is
25 that a correct representation?
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1 A. That's what the document says.
2 Q. The problem that Mr. Cenname is
3 referring to is the marketing and selling of a
4 known carcinogen to the pUblic with absolutely no
5 warning; isn't that correct?
6 MR. WILLIAMS: Object to form.
7 MR. GAFFREY: Objection to form.
8 MR. WILLIAMS: Mischaracterizes the
9 document.
10 A. That would be pure speculation on my
11 part to answer that.
12 BY MR. McMAHON:
13 Q. Well, if it's not that, Mr. Forte, what
14 is the problem that Mr. Cenname references here
15 when he says or writes, "Asbestos is a problem we
16 have been avoiding for a number of years now"?
17 A. I have no way of knowing what his
18 reference is.
19 Q. Who within the Fisher Scientific
20 organization would be able to tell us, tell the
21 jury who -- excuse me -- what the problem
22 referenced here would be?
23 MR. WILLIAMS: Objection. Asked and
24 answered. But you can answer it again.
25 A. Other than people that might be
Magna Legal Services Page 82
1 survivors, I have no idea.
2 BY MR. McMAHON:
3 Q. Do you know any of the survivors?
4 A. I do not.
5 Q. SO then it's fair to say that this
6 document would be the best evidence describing the
7 problem associated with asbestos in the sentence
8 here, "Asbestos is a problem we have been avoiding
9 for a number of years now"?
10 MR. WILLIAMS: Object to the form.
11 MR. GAFFREY: Objection to form.
12 MR. WILLIAMS: Calls for a legal
13 conclusion. It's been asked and answered. Over
14 my objection, if you know, you can answer.
15 A. I wouldn't draw that conclusion from
16 that.
17 BY MR. McMAHON:
18 Q. Do you have any opinion on behalf of
19 Fisher Scientific as to what the problem
20 referenced here is?
21 A. I have no opinion on that.
22 Q. And You've told me that no one at Fisher
23 Scientific could answer that question for me?
24 A. To my knowledge.
25 (Plaintiffs'/Forte Exhibit 12 was marked.)
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1 BY MR. McMAHON:
2 Q. I'll give you a second to read that
3 document, Mr. Forte.
4 A. Okay.
5 Q. Does this appear to you to be a Fisher
6 Scientific memo from John Reilly to the U.S.
7 Department of Labor dated November 6, 1978?
8 A. Yes, it does.
9 Q. In this letter, Mr. Reilly has provided
10 OSHA with his interpretation of the asbestos
11 standard, hasn't he?
12 MR. WILLIAMS: Objection. The document
13 speaks for itself. If you understand, you can
14 answer.
15 A. That's what the letter suggests.
16 BY MR. McMAHON:
17 Q. Mr. Reilly provides specific products
18 within this letter, doesn't he?
19 A. Yes, he does.
20 Q. At the end of the letter, Mr. Reilly
21 states, "These products did not ordinarily
22 liberate airborne fibers; however, age and usage
23 can cause dusting." He states that; does he not?
24 A. Yes, he does.
25 Q. Do you have any idea how Mr. Reilly
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1 would know that these items with age dusted?
2 MR. WILLIAMS: Object to the form.
3 Mischaracterizes the document. Over my objection,
4 you can answer.
5 A. I have no way of knowing that.
6 BY MR. McMAHON:
7 Q. Do you have any reason -- excuse me.
8 Strike that.
9 Do you have any understanding as to why
10 Mr. Reilly would have placed that sentence within
11 this document, "These products do not ordinarily
12 liberate airborne fibers; however, age and usage
13 can cause dusting. 11
14 MR. WILLIAMS: Object to the form.
15 A. I have no understanding of the basis for
16 that statement.
17 (Plaintiffs'/Forte Exhibit 13 was marked.)
18 BY MR. McMAHON:
19 Q. This is a Fisher Scientific memo again
20 from Jack Reilly to Joel Fontaine dated
21 November 28,1978; is that correct?
22 A. That's correct.
23 Q. Who was Joel Fontaine?
24 A. Joel Fontaine would have been the branch
25 manager sales manager for the Raleigh branch.
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1 Q. Under number one, Mr. Reilly writes, "We
2 are both a manufacturer and a distributor of
3 asbestos products." You agree with that statement
4 as it refers to Fisher Scientific?
5 A. We were manufacturing products like fume
6 hoods that did have asbestos components, and we
7 also distributed products manufactured by others
8 that would have been of the encapsulated asbestos.
9 We resold those to the marketplace.
10 Q. Number three at the bottom of the memo
11 reads, "We are currently conducting a study to
12 determine the feasibility of continuing or
13 discontinuing the manufacture and/or distribution
14 of products that contain asbestos." Is that
15 correct?
16 A. That's correct.
17 Q. What exactly were the criterion of the
18 feasibility study?
19 MR. WILLIAMS: Object to the form. If
20 you understand, you can answer.
21 A. I would be projecting into the past, but
22 my sense would be that the decision made from the
23 distribution of products that contain asbestos,
24 that until since those are not viewed to be
25 hazardous, until there's a suitable substitute
Magna Legal Services Page 86
1 found, those products would continue to be sold.
2 On the manufacturing side, there's the
3 feasibility of looking at asbestos-containing
4 components that we described before were fit
5 inside an instrument. And clearly where we looked
6 at transite board for the fume hoods, in order to
7 protect the workers under the OSHA standard, we
8 looked at opportunities to replaces that board
9 with something else.
10 (Plaintiffs'/Forte Exhibit 14 was marked.)
11 BY MR. McMAHON:
12 Q. This appears to be a Fisher Scientific
13 memo from Michael Hirsch to Jack Reilly dated
14 December 5, 1978. The subject is Wire Gauze with
15 Asbestos Center. Have you ever seen this document
16 before?
17 A. Yes, I have.
18 Q. The first line of the document reads,
19 "We have decided to drop from our listing in our
20 new catalog wire gauze with asbestos centers
21 because of all the problems that may arise with
22 asbestos." Is that a correct representation?
23 A. That's what the letter says.
24 Q. The problems referenced in that
25 statement are Fisher Scientific's liability
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1 associated with providing a known carcinogen to
2 the public without adequate warnings; isn't that
3 correct?
4 A. No, it's not.
5 MR. WILLIAMS: Object to the form.
6 Assumes facts not in evidence. Contrary to the
7 wi tness' testimony. Over my objection, you can
8 answer.
9 A. So we recognized, as I suggested
10 earlier, the stigma associated with
11 asbestos-containing products, and it was the same
12 issue. Once again, this was the educational
13 materials division about the same point, 1978.
14 There was a decision made to replace all the
15 asbestos-containing products that were for resale,
16 as this one was, primarily because of the stigma
17 associated with asbestos-containing products, not
18 because we had believed those products were
19 harmful based on the correspondence with OSHA that
20 there was no definition they would apply to the
21 OSHA standard.
22 BY MR. McMAHON:
23 Q. Do you understand that Mr. Zakanych, one
24 of the plaintiffs being represented here by myself
25 today, alleges in his complaint -- well, alleges
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1 in his case being exposed to asbestos from the
2 wire gauze with asbestos centers?
3 A. I understand that's an issue, yes.
4 Q. Again, it's Fisher Scientific's
5 please just help me out here. When we see again
6 this word problems that may arise with asbestos,
7 tell me again what Fisher Scientific's position
8 was with regard to these problems.
9 MR. WILLIAMS: Objection. Asked and
10 answered. You can answer it again.
11 A. Our representation that this problem was
12 related to the stigma associated with selling
13 asbestos products in our catalog because of the
14 connotation that asbestos had to the general
15 public, not that we believed based on our response
16 from OSHA that the problems were hazardous.
17 (Plaintiffs'/Forte Exhibit 15 was marked.
18 BY MR. McMAHON:
19 Q. This, Mr. Forte, is a another Fisher
20 Scientific memo from Jack Reilly. In the To
21 column, the To line rather, it says See
22 Distribution. The names are listed below. It's
23 dated January 15, 1979, and the subject is
24 Asbestos Meeting. Is that a correct
25 representation of this document?
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1 A. That's correct.
2 Q. Have you seen this document before?
3 A. Yes, I have.
4 Q. The document reads, "Our initial task
5 force meeting was held in the Awards Room on
6 January 11, 1979." It notes the people who were
7 in attendance. The second line down, second
8 paragraph, "It was agreed that we should search
9 for substitute materials to replace vendor and
10 Fisher manufactured products, and the following
11 products were instituted."
12 Number one, "Jack Daniels is to contact the
13 vendors for possible substitute materials and
14 asbestos experience data." Number two, "Jim
15 Phillip is to look for possible substitute
16 materials for Indiana products.
17 "I will contact you the week of February 12
18 for a status report and/or other meeting.
19 Regards, Jack."
20 Mr. Forte, Fisher Scientific never informed
21 its customers it was searching for substitute
22 materials, did it?
23 MR. WILLIAMS: Object to the form.
24 A. I have no way of knowing whether that
25 happened or not.
Magna Legal Services Page 90
1 BY MR. McMAHON:
2 Q. Who within the organization would be
3 able to answer that question?
4 A. I don't believe there's anyone who can
5 do that.
6 Q. So when an asbestos-containing material
7 was ordered, Fisher Scientific didn't interrupt
8 the order to explain that asbestos was harmful and
9 that it was seeking to replace asbestos with an
10 alternative material, did it?
11 MR. WILLIAMS: Object to the form. Your
12 question is unclear as to what asbestos product
13 you're referring to. So in that sense, it's
14 vague. If you understand what's being asked, you
15 can answer.
16 A. I'll redefine the products. So for the
17 products at issue today, those products would have
18 been part of category one, where based on our
19 communication with OSHA, there was no regard to
20 the fact that they would be included as part of
21 the OSHA standard. So we did not believe those
22 products to be harmful. Those are the products
23 that Jack Daniels was expecting to talk to
24 suppliers, as we agreed that the continued use of
25 the word asbestos in the catalog from a public
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1 relations perspective was not positive, and we
2 looked to replace those.
3 Number two refers to the manufacturing 4 facility in Indiana, Pennsylvania looking for
5 possible substitute materials for products, of
6 which we talked about earlier, which was the fume
7 hood and the transite board, recognizing that we
8 need to protect our workers that was possibly
9 subject to the OSHA standard because of sawing and
10 cutting, and we were looking for ways to
11 substitute for that product.
12 BY MR. McMAHON:
13 Q. But to be clear, during this time
14 period, the date of this document, January 15,
15 1979, if a customer within the public were to
16 order an asbestos-containing product, Fisher
17 scientific would not, for instance, place a notice
18 within that package that here's your product. We
19 want you to know we're searching for alternative
20 materials to use in providing you with this
21 product in the future?
22 MR. WILLIAMS: Object to the form. It's
23 indecipherable. If you understand the question,
24 you can answer it.
25 A. I have no way of knowing whether that
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1 happened or not.
2 BY MR. McMAHON:
3 Q. Do you know of anyone within the
4 organization who would know that?
5 A. I do not.
6 (Plaintiffs'/Forte Exhibit 16 was marked.)
7 BY MR. McMAHON:
8 Q. Exhibit 16 is a Fisher Scientific
9 memorandum marked Personal and Confidential. It's
10 from Jack Reilly to Harvey Mitchell and Jack
11 Daniels. It's dated April 9,1979, and the
12 subject is asbestos. Is that a correct
13 representation of the document?
14 A. That's correct.
15 Q. The top line, the first line reads, "I
16 think that we should discontinue selling products
17 that contain asbestos because of adverse
18 publicity, government regulations, legal
19 ramifications and potential lawsuits; is that
20 correct?
21 A. That's what the letter says.
22 Q. It doesn't mention concern for the
23 health risks to Fisher Scientific customers, does
24 it?
25 MR. WILLIAMS: Object to the form. The
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1 document speaks for itself.
2 BY MR. McMAHON:
3 Q. You can answer the question, Mr. Forte.
4 A. No.
5 Q. Was that a no?
6 A. Yes. "No. 1I
7 Q. What's written here expands on what
8 you've told us the concerns were at Fisher
9 Scientific regarding pUblic perception, doesn't
10 it?
11 A. Yes.
12 Q. Specifically it notes first adverse
13 publicity, then government regulations, also legal
14 ramifications and potential lawsuits; isn't that
15 correct?
16 MR. WILLIAMS: Object to the form. The
17 document speaks for itself. It doesn't do
18 anything beyond that. Any attempt to characterize
19 it beyond that is speculation.
20 BY MR. McMAHON:
21 Q. Those are listed in the document; are
22 they not, Mr. Forte?
23 A. They are.
24 Q. Let's take a look at this. Would you
25 agree with me that these words, products that
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1 contain asbestos, would encompass the products
2 that we are here to discuss today?
3 A. To the extent he references adverse
4 pUblicity, we're talking about products that are
5 at issue today.
6 Q. So you're saying that in looking at this
7 document, your position is he's discussing the
8 products that we're talking about today, for
9 instance, wire gauze with an asbestos center,
10 asbestos gloves, asbestos tape. You are telling
11 me that that only applies to the section of this
12 document reading adverse publicity?
13 MR. WILLIAMS: Objection. It calls for
14 speculation. The document speak for itself, and
15 that's all it says. If you know, you can answer.
16 A. I have no way of reading into Jack
17 Reilly's mind to understand what the nature the
18 breadth of his products, whether he was including
19 manufactured, nonmanufactured.
20 BY MR. McMAHON:
21 Q. Well, you just told me that you think
22 that the products we're here to discuss today only
23 apply to adverse publicity. I'm only trying to
24 clarify whether that's the case or not.
25 A. I have no way of -- thinking through
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1 that -- no way of understanding what he was
2 thinking about when he wrote this memo.
3 Q. SO then it's fair to say that when he
4 says products that contain asbestos, indeed he is
5 contemplating the products that we're here to talk
6 about. They are, in fact, products that contain
7 asbestos; are they not?
8 MR. WILLIAMS: Objection to form. It
9 calls for speculation. The document speaks for
10 itself. If you know anything beyond that that you
11 can testify to, then you should do that. If you
12 don't, then you should so state.
13 A. I have no other knowledge other than
14 what's in the document.
15 BY MR. McMAHON:
16 Q. Well, why did you just previOUSly
17 testify that you thought that only adverse
18 pUblicity referred to the asbestos-containing
19 products that we're here -- the SUbject of this
20 deposition?
21 A. I misspoke. As I thought following
22 conversation, this issue of adverse publicity
23 applied to all products that contained asbestos.
24 Q. I see. So you misspoke?
25 A. Yes.
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1 Q. What would Fisher Scientific contemplate
2 as potential lawsuits with regard to products that
3 contained asbestos?
4 MR. WILLIAMS: Object to the form.
5 Calls for speculation. I f you know, you can
6 testify.
7 A. I have no way of knowing what he was
8 thinking about.
9 BY MR. McMAHON:
10 Q. You have absolutely no idea what he was
11 thinking?
12 MR. WILLIAMS: Asked and answered. You
13 can answer it again.
14 A. Correct.
15 BY MR. McMAHON:
16 Q. Who within the Fisher Scientific
17 organization could answer that question?
18 A. I don't know if there's anyone that
19 would be available to answer that question that
20 still survive.
21 Q. Is Mr. Reilly still around?
22 A. I have knowledge of that.
23 Q. You don't know if he's alive or dead?
24 A. No.
25 Q. Who at Fisher would know whether he's
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1 alive or dead?
2 A. I don't know specifically who would know
3 the answer to that question.
4 Q. The second sentence in the document
5 reads, "Our approach could be to immediately drop
6 low volume items and to find suitable replacement
7 material for high volume items."
8 The idea is to drop low volume items
9 i mm e d i ate 1 y be c a use, by the i r ve r y nat u r e, the y
10 are not considerably profitable; isn't that
11 correct, Mr. Forte?
12 MR. WILLIAMS: Object to the form.
13 Mischaracterizes the document. Assumes facts not
14 in evidence. Over my objection, you can answer.
15 A. That would be a misstatement. So I
16 would view that as there's a fair amount of energy
17 required to go out and source products and other
18 sources. For a low volume item, it wouldn't be
19 worth the energy to go out and find a substitute
20 for that.
21 For high volume items, that would be an item
22 that would be in high demand. People would be
23 looking for an alterna te item, and it would be
24 worth the energy to find a replacement product for
25 that.
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1 BY MR. McMAHON:
2 Q. When you use the word "energy,"
3 Mr. Forte, is it fair to say that you're using the
4 the equivalent of the word expense?
5 MR. WILLIAMS: Object to the form.
6 Mischaracterizes the witness' testimony.
7 A. Human effort to go out and find another
8 supplier.
9 BY MR. McMAHON:
10 Q. Well, it's a corporation, Mr. Forte.
11 Isn't human effort an expense of the corporation?
12 MR. WILLIAMS: Object to the form.
13 Mischaracterizes the witness' testimony. Over my
14 objection, you can answer.
15 A. To the extent that all entities are
16 limited in terms of resources, the decision would
17 have been made, as I read this, not to spend the
18 time looking for low volume replacements because
19 the energy expended wouldn't be worth the
20 potential revenue to be achieved versus high
21 v~lume items which are items that the public still
22 wanted and would be worthwhile to pursue an
23 alternate source for those.
24 BY MR. McMAHON:
25 Q. But Fisher Scientific didn't warn buyers
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1 of these high volume items that the asbestos
2 contained in the product was dangerous and that,
3 in fact, Fisher Scientific was in the process of
4 seeking a safe alternative, did it?
5 MR. WILLIAMS: Objection. Completely
6 mischaracterizes the document and the witness'
7 testimony utterly. If you understand what's being
8 asked, you can answer.
9 A. There's no way to draw that conclusion
10 from this document.
11 BY MR. McMAHON:
12 Q. Well, I'm not asking about the document,
13 Mr. Forte. I'm asking you with regard to these
14 high volume items, Fisher Scientific never
15 informed the public who was ordering these high
16 volume items that they're dangerous, we think they
17 could cause lawsuits, but we're searching for an
18 alternative material, did they?
19 MR. WILLIAMS: Objection. First you
20 said you're not asking about the document. Then
21 you start reading from the document.
22 MR. McMAHON: No. I'm reading from my
23 notes, counsel.
24 MR. WILLIAMS: You're mischaracterizing
25 the document utterly.
Magna Legal Services Page 100
1 BY MR. McMAHON:
2 Q. It's a simple question, Mr. Forte. You
3 can answer it.
4 MR. WILLIAMS: Well, it's an unfair
5 question. If you understand what the question is,
6 you can answer it. I f not, you can seek
7 clarification.
8 A. So the document says nothing about
9 danger. Mr. Reilly had been in touch with OSHA on
10 two or three occasions, had not been advised by
11 OSHA that these were items that were harmful.
12 Beyond that, I have no other knowledge as to what
13 communication would have taken place with any
14 customer.
15 BY MR. McMAHON:
16 Q. So to be clear, you don't know whether
17 when a customer ordered one of these high volume
18 items, whether they would be warned by Fisher
19 Scientific that, for instance, this is a dangerous
20 item, we're seeking a replacement; is that
21 correct?
22 MR. WILLIAMS: Objection. Seeks facts
23 not in evidence. In fact, contrary to his
24 testimony that items such as these were not
25 hazardous. So why would they be warning them?
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1 It's an utter misrepresentation of his testimony.
2 MR. McMAHON: Counsel, you are now
3 absolutely instructing the witness how to answer
4 this question.
5 MR. WILLIAMS: Because you are -
6 MR. McMAHON: Because? You have a
7 reason to instruct him how to answer the question?
8 That's enough, counsel. You've been
9 MR. WILLIAMS: Don't even think you can
10 tell me
11 MR. McMAHON: Listen to me, counsel.
12 MR. WILLIAMS: You listen to me.
13 MR. McMAHON: We had an agreement that
14 you understood the rules of court in the State of
15 New Jersey. You have proven that you do not.
16 Please mark this. We will call the Special Master
17 again.
18 MR. WILLIAMS: That's fine. Your
19 questions are absurdly contorting the document.
20 MR. McMAHON: Let's go off the record,
21 and we'll call the Special Master.
22 THE VIDEOGRAPHER: Off the record.
23 (Off the v~deo record.)
24 MR. GAFFREY: Michael, if I just heard
25 you correctly, you're withdrawing your consent for
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1 the pro hac?
2 MR. McMAHON: Correct.
3 MR. GAFFREY: There's not a rule made
4 for that.
5 MR. McMAHON: Marc, the consent, as you
6 know, was based upon the fact that Mr. Williams
7 would follow the court rules. And he is not.
8 He's instructed his client not to answer a
9 question which was clearly a question that was
10 allowable under the rules to be answered.
11 MR. WILLIAMS: How is that so, counsel?
12 You asked him in his individual capacity.
13 MR. McMAHON: I'm allowed to ask that
14 question.
15 MR. WILLIAMS: You're not allowed to ask
16 that question.
17 MR. McMAHON: I absolutely am.
18 MR. WILLIAMS: He's a corporate witness.
19 MR. McMAHON: I am absolutely allowed to
20 ask that question.
21 MR. WILLIAMS: No, you I re not. No
22 you're not.
23 MR. McMAHON: We'll decide that later.
24 MR. WILLIAMS: What else you got?
25 MR. McMAHON: Secondly, at least twice
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1 Mr. Williams has instructed the witness how to
2 answer the question. The second time -- don't
3 interrupt me -- the second time he actually said
4 because, and that's when we went off the record
5 because I said, Because? You're actually going to
6 give a reason now for instructing your client?
7 MR. WILLIAMS: You're
8 mischaracterizing what I said.
9 MR. McMAHON: Please don't interrupt me.
10 MR. WILLIAMS: You interrupted me.
11 Don't interrupt me.
12 MR. McMAHON: So I said to him
13 MR. WILLIAMS: Don't interrupt me while
14 I'm speaking.
15 MR. McMAHON: -- why would you instruct
16 him as to how to answer the question.
17 MR. WILLIAMS: Are we going to talk over
18 each other?
19 MR. McMAHON: You're interrupting me.
20 I'm making a statement for the record, sir. Have
21 some decorum.
22 MR. WILLIAMS: I'm asking your basis for
23 it.
24 MR. McMAHON: Have some decorum.
25 MR. WILLIAMS: You have some decorum,
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1 counsel.
2 MR. McMAHON: So, Marc, that's where we
3 are.
4 MR. GAFFREY: Well, I'll just tell you
5 in accordance with Rule 4.4-14, I think
6 Mr. Williams has been his conduct in this
7 deposition has been in accordance with that rule,
8 and if you terminate this deposition because
9 you're revoking his pro hac status, then you're
10 doing so at your own risk and a motion for costs.
11 MR. McMAHON: Marc --
12 MR. GAFFREY: And knowing Judge
13 McCormick, I don't think she would act kindly
14 towards this. If you have concerns with respect
15 to portions of this deposition, the rules state
16 and the way you are to proceed is skip over it,
17 make your motion at a later time, and let this
18 proceeding continue. That's the proper way to
19 proceed.
20 MR. McMAHON: That's what I indicated to
21 Mr. William. I anticipate he's going to want to
22 continue with the defense, and I will file a
23 motion at a later date. But let's be clear for
24 Mr. Williams' sake. Rule 4.14-3 states the
25 following, "No objection shall be expressed in
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1 language that suggests an answer to the deponent."
2 I want Mr. Williams to be clear on that rule to
3 the extent that he's not already.
4 MR. WILLIAMS: Counsel, are you done?
5 Are you done?
6 MR. McMAHON: Go ahead, Mr. Williams.
7 MR. WILLIAMS: I have not violated the
8 rule, and you know it. Ask your questions.
9 MR. McMAHON: Well, let's be clear.
10 MR. WILLIAMS: Second -- don't interrupt
11 me. Don't interrupt me when I'm talking.
12 MR. McMAHON: Oh, my God.
13 MR. WILLIAMS: Don't interrupt me when
14 I'm talking. Don't even for a second think that
15 you're going to school me on how to give a
16 deposition or present one. Ask your questions. I
17 can't help it that you don't like the answers
18 you're getting, but there's not one time I have
19 interposed an objection that has provided the
20 answer for the witness. You don't like the
21 answers. I'm sorry about that.
22 MR. McMAHON: We disagree, Mr. Williams.
23 MR. WILLIAMS: Apparently we do.
24 MR. McMAHON: I don't like you answering
25 for your client. That is the issue here.
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1 MR. WILLIAMS: I have not done that.
2 MR. McMAHON: The record speaks for
3 itself.
4 MR. GAFFREY: Michael, let's just
5 continue. But just for the record, every single
6 one of your questions, I'd say 90 percent of your
7 questions, are leading. We've interposed, between
8 Mr. Williams and I, form objections. Your
9 questions are improper, and if Judge McCormick
10 were to read this transcript, she would find them
11 improper.
12 So give us the continuing objection on the
13 form on the leading question, because you are
14 asking improper questions here. So what's good
15 for the goose is good for the gander here. And
16 that's an issue that we would raise with the
17 Special Master as well.
18 MR. McMAHON: Well, to be clear, let's
19 just be clear, I placed on the record that I'm
20 withdrawing my consent, my consent to the limited
21 pro hac of Mr. Williams. Mr. Williams has
22 indicated he wishes to continue the defense of
23 Mr. Forte. So be it. We're all here. Let's get
24 the deposition finished.
25 MR. WILLIAMS: Let's talk about the
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1 options given counsel's unprofessional decision to
2 do what he's going to do. Marc, what are the
3 options?
4 MR. GAFFREY: What our options are,
5 John, is he's given us his consent. We've
6 produced Bob at our expense here today. Bob has
7 answered questions, 90 percent of which are
8 improper, and Michael in the middle of the
9 deposition cannot revoke a pro hac status. I
10 don't think there's anything that I've ever read
11 in the rule book which indicates that he could do
12 this.
13 Mr. Forte is here for his deposition. We are
14 willing to continue and complete his deposition.
15 And anything that Michael does at this point is at
16 his own risk and potentially at his own expense.
17 So Bob is here.
18 Michael, ask your questions. We can argue it
19 later on, but I'll tell you you're on thin ice
20 here based upon my experience with Judge
21 McCormick.
22 MR. McMAHON: All right, Marc. I
23 appreciate that, but it doesn't change anything
24 I've placed on the record. Again, to be clear,
25 I've revoked it. We'll continue. We'll decide
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1 it. Later it will be decided by a judge.
2 MR. GAFFREY: Fine. Then for the
3 record, if do you revoke it, as national trial
4 counsel, Mr. Williams is still going to be
5 permitted to defend Mr. Forte here. Our office is
6 going to continue then as local counsel and also
7 counsel for Mettler Toledo, but there's no reason
8 why this deposition cannot continue. There's no
9 reason why Mr. Williams cannot continue to voice
10 his objections to clearly improper questions. And
11 I would just suggest that you think twice about
12 the position you're taking because it's going to
13 cost you.
14 MR. McMAHON: Marc, you've now called --
15 you've now --
16 MR. GAFFREY: You're not going to
17 succeed on that motion.
18 MR. McMAHON: You've now called my
19 questions improper four times. This is the
20 discovery deposition of a corporate witness. The
21 questions I am asking are absolutely proper
22 questions. Let's go on.
23 MR. WILLIAMS: No, they're not.
24 MR. McMAHON: Let's go on.
25 MR. GAFFREY: They're all leading
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1 questions. A deposition in New Jersey, discovery
2 deposition of a corporate witness, is to gather
3 information that can provide or lead to admissible
4 evidence. Your questions are leading questions,
5 every single one of them, Michael, and they're
6 improper. Check the rule. They're improper
7 questions.
8 So we're objecting, and we're interrupting
9 you, and that's because your questions are
10 improper.
11 MR. McMAHON: I understand the concept
12 of interrupting for an objection. I'm clear on
13 that. I am not going to allow or at least I've
14 tried not to allow for a witness to be instructed
15 how to answer a question through an objection.
16 It's done. Let's move forward.
17 MR. GAFFREY: That's a different issue
18 than what you just raised to me before.
19 MR. McMAHON: Marc, I'm not going to
20 keep telling you my questions are improper. That
21 is my position, that they are proper for the
22 purposes of this deposition. That will be decided
23 at a later date, too. Let's continue with the
24 deposition.
25 MR. GAFFREY: Please. Please.
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1 MR. WILLIAMS: My objections have been
2 proper and have not in any way suggested the
3 answer as counsel is saying.
4 MR. McMAHON: Let's get started again.
5 THE VIDEOGRAPHER: We're now back on the
6 video record.
7 BY MR. McMAHON:
8 Q. Mr. Forte, I again apologize for the
9 interruption. You, of course, understand that you
10 are under oath?
11 A. I do.
12 (Plaintiffs'/Forte Exhibit 17 was marked.)
13 BY MR. McMAHON:
14 Q. Mr. Forte, Exhibit 17 is a Fisher
15 Scientific memo. It's dated April 26, 1979. It
16 is from Tom Price to Joe Cremonese. Does that
17 accurately characterize the document?
18 A. Yes, it does.
19 Q. Have you seen this document before, sir?
20 A. Yes, I have.
21 Q. The document reads -- it's only three
22 lines -- lIJoe, as you know, asbestos is a
23 forbidden material. What substitutes are
24 available. Do we have a potential market in an
25 asbestos substitute?"
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1 Asbestos wasn't described as a forbidden
2 material in the 1979 catalog, was it, Mr. Forte?
3 MR. WILLIAMS: Objection to form. You
4 can answer.
5 A. No, but I'm not sure from Tom Price, who
6 was a sales guy, what he was thinking about when
7 he said forbidden material. He has no legal
8 background. He's not a safety person. He's a
9 sales manager.
10 BY MR. McMAHON:
11 Q. Do you know who within the organization,
12 within Fisher Scientific, would know why this
13 language was used in this document?
14 A. Tom Price would be the only one, and
15 he's not capable of responding.
16 Q. Why is that?
17 A. He's a late stage Alzheimer's patient.
18 Q. The document also reads, "Do we have a
19 potential market in an asbestos substitute?"
20 Isn't that correct?
21 A. Yes; that's correct.
22 Q. The motivation here is the marketplace,
23 isn't it, Mr. Forte? It's not safety, consumer
24 safety.
25 MR. WILLIAMS: Object to the form.
Magna Legal Services Page 112
1 Mischaracterization. But you can answer if you
2 know.
3 A. Once again, Torn Price is a salesperson,
4 and he's approaching it from a sales perspective.
5 He has no authority to speak on behalf of the
6 company. Beyond that, the memo says what it says.
7 (Plaintiffs'/Forte Exhibit 18 was marked.)
8 BY MR. McMAHON:
9 Q. While you read, Mr. Forte, I'm just
10 going to describe the document. It's a Fisher
11 Scientific memo from Brett Harrison to Jim
12 Phillip. It's dated April 27, 1979, and the
13 subject is Asbestos Substitution Projects.
14 A. Okay.
15 Q. Have you seen this document before?
16 A. Yes.
17 Q. Who or what is production engineering
18 referenced in the first line of the document?
19 A. As I explained earlier, both of these
20 individuals were associated with the Indiana,
21 pennsylvania manufacturing facility where we
22 manufactured fume hoods and certain select
23 instruments. Production engineering would be
24 those individuals that would be responsible for
25 the design -- not the design but the actual
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1 building of the product.
2 Q. The second sentence reads, "They have
3 been thwarted" -- they being production
4 engineering -- "They have been thwarted in a
5 number of recent cases by the much higher costs of
6 materials. 11 To be clear, I should read the first
7 line actually to be clear. Let's read both lines.
8 "As I have indicated, production engineering has
9 been working for sometime on asbestos substitution
10 projects. They have been thwarted in a number of
11 recent cases by the much higher costs of other
12 materials."
13 It appears from this document that Fisher
14 Scientific was allowing higher costs to thwart
15 their efforts to replace asbestos with an
16 alternative harmless material; isn't that correct,
17 sir?
18 MR. WILLIAMS: Object to form.
19 A. I have no understanding as to why we
20 made that decision. It does appear, as you go to
21 the bottom of the letter, that most of the energy
22 is behind or dollars are behind fume hoods which
23 we all recognized to be an issue earlier in our
24 discussion. So I don't know at that point what
25 number of items, number of products, what was
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1 involved in his decision to say what he said.
2 BY MR. McMAHON:
3 Q. Who within the organization would know
4 that?
5 A. Once again, I don't believe there's
6 anyone that survived from 1979 that would be
7 available.
8 Q. SO we have this document and your
9 inability to comment on behalf of Fisher
10 Scientific with regard to its contents; is that
11 correct?
12 A. The content
13 MR. WILLIAMS: Objection to form. It's
14 argumentative. Ask a question.
15 MR. McMAHON: You may not like the
16 answers either, Mr. Williams.
17 MR. WILLIAMS: I don't like the
18 questions. They're indecipherable at this point.
19 (P1aintiffs'/Forte Exhibit 19 was marked.)
20 BY MR. McMAHON:
2 Q. Again, while you read the document, I'm
22 going to describe it for the record. This is a
23 Fisher Scientific memo from Bob Douglas to Jack
24 Reilly. It's dated June 28, 1979.
25 A. I've read it.
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1 Q. Mr. Forte, under the first heading,
2 which is titled Gloves , Mittens, Finger Cots, five
3 items, the following language appears, "Although
4 sales are $83,000 at a good profit margin, I have
5 asked Bill to pursue discontinuance with
6 marketing. Bill will continue to look for an
7 acceptable source, but in the meantime, we will
8 get out of the business after selling off our
9 inventory."
10 By the way, have you seen this document
11 before?
12 A. Yes, I have.
13 Q. The memo indicates that Fisher
14 Scientific made the decision to discontinue
15 marketing of a known hazard, yet to continue
16 selling it to the public; is that correct, sir?
17 MR. WILLIAMS: Objection. You've
18 mischaracterized the document. The document
19 speaks for itself. If you want to ask a question
20 about the document, characterize it correctly.
21 Over my objection, if you understand, you can
22 ans",er.
23 A. My interpretation of this document is
24 that there was a sales figure cited. Once again,
25 based on the fact these are of a type of product
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1 encapsulated, not viewed to be under the OSHA
2 standard, that it was agreed that we would look
3 for another source on the basis that had an
4 asbestos in our catalog that was not the right
5 approach in terms of what we believed to be
6 adverse publicity or adverse marketing because of
7 the stigma of asbestos.
8 Once again, these are products that
9 scientists were interested in buying because they
10 were not of a hazardous nature. We continued to
11 sell them until we sold off the inventory.
12 BY MR. McMAHON:
13 Q. Is it Fisher Scientific's position that
14 it's reasonable to discontinue a product but to
15 continue selling it off, a product such as
16 asbestos?
17 MR. WILLIAMS: Object to form. It's
18 vague. Potentially mischaracterizes the document.
19 If you understand what's being asked, you can
20 answer.
21 A. Can you repeat that question?
22 BY MR. McMAHON:
23 Q. Sure. Is it Fisher Scientific's
24 position that it is reasonable to discontinue an
25 asbestos-containing product from the catalog
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1 no. Strike that.
2 Is it Fisher Scientific's position that it is
3 reasonable to discontinue what was being done
4 here actually? Tell me what was happening. The
5 items were being discontinued, but they were
6 continuing to sell them?
7 A. It appears from the letter that the
8 items are being discontinued. They were not
9 viewed to be hazardous based on our knowledge of
10 the OSHA standard. We continued to sell them
11 because customers were interested in buying those
12 products to perform the function that those
13 products performed. Without a substitute, there
14 would be no tools available. So the decision was
15 made, from this letter, to continue to sell off
16 the inventory until a suitable substitute was
17 found.
18 Q. So in 1979, Fisher Scientific did not
19 consider these items, gloves, mittens, finger
20 cots, to be dangerous or hazardous materials; is
- _. - 21 that correct?
22 A. We never had and we don't today consider
23 them to be dangerous or hazardous.
24 Q. But as you testified earlier, you have
25 no knowledge whether Fisher Scientific ever tested
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1 or analyzed these items, do you?
2 A. Our standard was really the two or three
3 letters from Jack Reilly to OSHA asking for a
4 clarification of those products as it related to
5 the OSHA standard, and the response continued to
6 be the OSHA standard did not apply to those
7 products.
8 Q. But didn't OSHA inform Fisher Scientific
9 that, in fact, to make that decision, Fisher
10 Scientific would have to do monitoring or testing?
11 A. Well
12 MR. WILLIAMS: Objection. Object to
13 form. You can answer.
14 A. That was in the context of manufactured
15 products. They were talking about monitoring,
16 testing where it liberates from a sawing or
17 cutting clearly around production. The OSHA
18 document does talk about a production environment.
19 Once again, these are products for resale, have
20 nothing to do with the plant, but were products
21 that were purchased from other suppliers and
22 resold to customers, not products that were
23 manufactured at the Indiana, Pennsylvania plant.
24 BY MR. McMAHON:
25 Q. But Mr. Reilly indicated to OSHA that
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1 these products indeed gave off dust with age; is
2 that correct?
3 MR. WILLIAMS: Objection.
4 Mischaracterizes that document. That's not what
5 it says. Over my objection, you can answer if you
6 know.
7 A. Based on the prior document, he makes
8 the statement somewhere in one of the exhibits
9 that that was his interpretation.
10 Q. Again, Mr. Forte, with regard to these
11 gloves or mittens or finger cots, when a customer
12 would order them, would Fisher Scientific indicate
13 to them that they were searching for an
14 alternative material?
15 MR. WILLIAMS: Object to the form. But
16 you can answer.
17 A. Based on what's contained in this
18 document, there would be no way to determine that
19 since we never believed them to be harmful.
20 BY MR. McMAHON:
21 Q. Do you know who within the organization
22 would know whether when these items were ordered,
23 whether a notice was placed in the packaging
24 saying that Fisher Scientific was considering and
25 searching for alternative materials?
Magna Legal Services Page 120
1 MR. WILLIAMS: Objection. Assumes facts
2 not in evidence. But you can answer.
3 A. There's no person, to my knowledge, that
4 would be able to answer that question.
5 BY MR. McMAHON:
6 Q. On the second page of this document,
7 Mr. Forte, Mr. Douglas writes, "Jack, I suspect by
8 the end of next week decisions will have been made
9 on all products (outside suppliers) to effectively
10 remove our liability associated with asbestos
11 products."
12 So it appears from this document that Fisher
13 Scientific did contemplate liability for products
14 provided by outside suppliers; is that correct,
15 sir?
16 MR. WILLIAMS: Object to form.
17 Mischaracterizes the document.
18 A. I read the document as it is, and to the
19 extent that Mr. Douglas was not an attorney, I
20 don't know what his frame of reference was and why
21 he would have chosen liaGllity.
22 BY MR. McMAHON:
23 Q. Well, Mr. Douglas worked for Fisher
24 Scientific in 1979. So it's fair to say that
25 someone at Fisher Scientific felt that Fisher
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1 Scientific was liable in providing these outside
2 supplied asbestos-containing products; isn't that
3 correct, sir?
4 MR. WILLIAMS: Object to form.
5 Mischaracterizes the document that's in front of
6 us. To that extent, it's unfair. I f you know
7 what's being asked, you can answer.
8 A. Can you repeat that question, please?
9 BY MR. McMAHON:
10 Q. Sure. Mr. Douglas worked for Fisher
11 Scientific; is that correct?
12 A. That's correct.
13 Q. What was his position?
14 A. He was a purchasing manager.
15 Q. He writes to Jack Reilly in 1979. And
16 Jack Reilly was who again?
17 A. He was the safety director.
18 Q. He writes the following, "Jack, I
19 suspect by the end of next week decisions will
20 have been made on all products. " He has in
21 ~arentheses, outside suppliers. So to be clear,
22 your understanding here would be that these are
23 the asbestos-containing products like those that
24 we're here discussing today; is that correct?
25 A. Those would be outside -- that would be
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1 outside supplier products.
2 Q. He says after that, " .. to effectively
3 remove our liability associated with asbestos
T1 4 products ; correct?
5 A. That's what the letter states.
6 Q. SO someone at Fisher Scientific in 1979
7 contemplated liability for these products;
8 correct?
9 MR. GAFFREY: Objection to form.
10 MR. WILLIAMS: Objection. Assumes facts
11 not in evidence. If you know, you can answer.
12 A. He uses the word. That's the only thing
13 I can comment on. He's not an attorney.
14 BY MR. McMAHON:
15 Q. Is Mr. Douglas still with us?
16 A. I don't believe so.
17 Q. SO you would be the only one within
18 Fisher Scientific who could comment on this
19 document; is that correct?
20 A. That would be correct.
21 Q. You- don't know what Mr. Douglas means
22 when he uses the word "liability" there?
23 A. I only know what he said. I know he's
24 not an attorney.
25
Magna Legal Services Page 123
1 Q. You don't understand what he means when
2 he uses that word?
3 MR. WILLIAMS: Asked and answered.
4 A. I don't want to speculate.
5 MR. WILLIAMS: You can answer it again.
6 MR. McMAHON: Let's take a break. Then
7 I'll wrap up.
8 THE VIDEOGRAPHER: The time is 12:42,
9 and we're off the record.
10 (There was a recess in the proceedings.)
11 THE VIDEOGRAPHER: The time is 12:51.
12 We're now back on the record.
13 BY MR. McMAHON:
14 Q. Mr. Forte, you understand, of course,
15 you're still under oath after the break?
16 A. I do.
17 Q. We may be able to go through this next
18 part quickly. I want to ask you if you took the
19 time, if counsel provided you with the de benne
20 esse depositions of Mr. Zakanych, Mr. Blackburn
21 and Mr. Feldner. Were you provided with
22 deposition transcripts to review?
23 A. No.
24 Q. In those transcripts, each of those men
25 identifies Fisher Scientific asbestos-containing
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1 products. What I was going to have you do with
2 counsel is look through these depositions and tell
3 me if you have anything to refute whether or not
4 these were Fisher Scientific items that these men
5 claim that they worked with.
6 Is that necessary, or can you state to us
7 that you wouldn't have any knowledge to refute
8 whether, in fact, these were Fisher Scientific
9 items?
10 MR. GAFFREY: Object to form.
11 A. We have no records of sale of those
12 products to the work sites in question. As to
13 whether those products existed in a catalog, that
14 might be possible.
15 BY MR. McMAHON:
16 Q. But to be clear, do we need to now go
17 through the deposition transcripts to see what
18 they say they used for your ability to refute
19 that, or do you have no knowledge to refute it?
20 A. Um-hum.
21 MR. WILLIAMS: I t h ink t h e~-q u estion , if
22 I may interpose this -
23 MR. McMAHON: Sure.
24 MR. WILLIAMS: You want to know whether
25 or not Fisher has any records as to whether they
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1 sold these products to these facilities?
2 MR. McMAHON: I understand what you're
3 saying, but that's not what I want to do. We
4 probably could have had this conversation off the
5 record.
6 BY MR. McMAHON:
7 Q. Here's what I want. I have testimony of
8 our clients in this case who say this is the way I
9 ordered it. This is what I ordered. This was the
10 material that I used. In other words, if we go
11 over that now, sitting here today will you have
12 any information to refute whether or not these
13 were Fisher Scientific materials that were used?
14 A. No, other than the fact that we have no
15 record of any sales of those products. In fact,
16 they appear to be items that would have been
17 cataloged in the Fisher catalog.
18 Q. I just want to make sure we don't have
19 to go through everything. It sounds like you're
20 saying that you have no information to refute what
21 the plaintiffs say n thi~ case regarding whether
22 or not they used Fisher Scientific materials; is
23 that correct?
24 A. That's correct.
25 Q. That saves us a lot of time.
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1 (Plaintiffs'/Forte Exhibit 20 was marked.)
2 BY MR. McMAHON:
3 Q. Mr. Forte, Exhibit 20 is a March 13,
4 1986 memo from Mr. King to you. I'm a little
5 puzzled by it. I have absolutely no understanding
6 of it. Could you tell me what it is?
7 A. Sure. I was the director of purchasing
8 at the time this memo was written. Mr. King was
9 the director of quality assurance who reported to
10 me. What you see is a listing of products that
11 retrospectively would have been in some records
12 somewhere of that product having been cataloged
13 previously by Fisher, and the name of the vendor
14 that would have provided that product.
15 Q. Why was this document created?
16 A. At the time the document was created, I 17 had no knowledge other than we had just been
18 acquired by Allied. So you notice the top left is
19 Allied Fisher Scientific. Allied Corporation had
20 acquired Fisher Scientific. And my understanding
21 was that this reque~t had been made by someone at
22 Allied corporate headquarters to determine the
23 nature of products that had been -- had contained
24 asbestos at -- that had been in previous catalogs.
25 Q. SO to be clear, these items were not
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1 available for sale in 1986 through Fisher?
2 A. That's accurate.
3 Q. And you have no knowledge whether this
4 document was created with regard to any litigation
5 either contemplated or ongoing at the time?
6 A. That would be speculation on my part.
7 (Plaintiffs'/Forte Exhibit 21 was marked.)
8 BY MR. McMAHON:
9 Q. Mr. Forte, this is another Fisher
10 Scientific memo. It doesn't have a date. Have
11 you ever seen it before?
12 A. Yes, I have.
13 Q. Do you have any understanding of to what
14 time period it dates?
15 A. This would be late '70s, '78, '79. I'm
16 going to say mid to late '70s.
17 Q. Do you have any understanding as to why
18 this document was created?
19 A. There's no understanding other than
20 what's on the document.
21 Q. Ja-ck Daniels' name is at the top, but do
22 you have any idea whether he compiled this
23 document?
24 A. I cannot tell from reading the document.
25 Q. Heading number two lists Current
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1 Incidents, and in parentheses it says Publicity.
2 It has A, B, C and D and just encompasses several
3 developments with regard to asbestos, I suppose,
4 during that time period; is that correct?
5 A. During or prior to that time period.
6 Q. Right. Under section three, Recent
7 Incidents Reported to Me, B, we have here, "We
8 received a letter from a group of seventh grade
9 students inquiring about one of our asbestos
10 products being linked with a health hazard." Is
11 that a correct representation?
12 A. That's what the document says.
13 Q. C states, "I have been asked numerous
14 questions concerning our asbestos products at
15 customer safety workshops and seminars." Dreads,
16 "A central office employee called me and
17 complained about receiving envelopes through the
18 mail that were packed with asbestos." And E
19 reads, "A very large customer returned some kettle
20 clamps to us because the asbestos was flaking."
21 It appears that there's a breakdown in
22 section four of the revenue derived from these
23 asbestos products; is that correct, sir?
24 A. Yes; that's correct.
25 Q. Again, to be clear, you have no
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1 knowledge as to why this document was created?
2 A. That's correct.
3 Q. Do you know, sir, who at Fisher
4 Scientific would be able to answer that question?
5 A. I have no idea who could answer that
6 question.
7 (Plaintiffs'/Forte Exhibit 22 was marked.)
8 BY MR. McMAHON:
9 Q. Mr. Forte, Exhibit 22 is a screenshot
10 from the Fisher Scientific web page that I took
11 yesterday. I made a printout of a -- what is the
12 description here -- a sign, Asbestos, Cancer and
13 Lung Disease Hazard. Authorized Personnel Only.
14 Do you see that sign?
15 A. Yes, I do.
16 Q. This is a sign that's currently sold by
17 Fisher Scientific; is that correct?
18 A. It appears from this screenshot that it
19 is, yes.
20 Q. Do you recall today looking at a
21 document, Mr. Forte, dated 1971 where Fisher
22 Scientific stated that asbestos causes lung
23 neoplasms?
24 A. Yes. I recall that.
25 MR. WILLIAMS: Object to form.
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1 BY MR. McMAHON:
2 Q. So it's fair to say, isn't it,
3 Mr. Forte, that Fisher Scientific had the
4 knowledge that asbestos caused lung cancer in
5 1971? Isn't that correct, sir?
6 MR. WILLIAMS: Object to form.
7 Mischaracterization. Assumes facts not in
8 evidence. But you can answer.
9 A. So help me understand the context of
10 this document versus the prior discussion.
11 BY MR. McMAHON:
12 Q. Sure. I guess what I'm asking you, sir,
13 is: Do you have any idea whether a warning such
14 as this was sold by Fisher Scientific or placed on
15 any of its asbestos products in 1971?
16 A. So this warning label is part of the
17 safety division. So if we look at the top
18 navigation bar, you'll see Scientific, Safety,
19 Healthcare, Science Education.
20 Q. Correct.
21 A. So this product is available through the
22 safety division, which for the most part, was
23 acquired in the late' 90s, 1995, 1998. So this
24 signage would have been brought into the Fisher
25 catalog of items in the late '90s. I'm trying to
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1 understand the connection between this sign and
2 the fact it's an item for sale in 2010 relates
3 back to the earlier discussion.
4 Q. Well, in the earlier discussion we
5 established that Fisher Scientific in 1971 had
6 knowledge that asbestos caused, among other
7 things, lung neoplasms; correct?
8 MR. WILLIAMS: Object to the form. It
9 mischaracterizes the prior testimony. If you
10 understand, you can answer.
11 A. So we talked about asbestos that was
12 subject to the OSHA standard, whether it was
13 cutting and sawing versus asbestos that's part of
14 the outside supplier products that we purchased
15 for resale that were encapsulated, where we had
16 gone back to the OSHA -- back to the OSHA
17 standard, we were told by OSHA those standards do
18 not apply. So I'm not suggesting there's a
19 blanket statement around asbestos without any
20 context or what type of asbestos products are we
21 talking about in what environment.
22 BY MR. McMAHON:
23 Q. Let's not talk about the
24 asbestos-containing products that we all know are
25 at issue here today. Let's talk about asbestos in
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1 its raw form, which I think the 1971 document was
2 applicable to, correct? The A-908 asbestos, that
3 was asbestos in a raw form?
4 A. That was asbestos in a raw form.
5 Q. In that document, it is established that
6 Fisher Scientific was aware that that asbestos,
7 asbestos in a raw form, if you will, caused lung
8 neoplasms; is that correct?
9 MR. WILLIAMS: Object to form.
10 A. The document is the document. Whatever
11 the document said the document says.
12 BY MR. McMAHON:
13 Q. Well, let's cut to the chase then,
14 Mr. Forte. Do you have any knowledge as to
15 whether Fisher Scientific provided a warning
16 matching the one we see here in 1971 or in the
17 '80s or indeed in the' 90s or in the early part of
18 the 2000s?
19 A. So if we're talking about the products
20 at issue in this case, the answer is no.
21 Q. H0 waS 0 uta s b est 0 sin g e n era1, sir?
22 MR. WILLIAMS: Object to form. If you
23 understand what that means, you can answer.
24 A. To the extent that asbestos, raw
25 asbestos fiber was hazardous, there was an
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1 appropriate label for asbestos fiber.
2 BY MR. McMAHON:
3 Q. There was an appropriate label?
4 A. A warning label for asbestos fiber.
5 Q. What did that warning label state?
6 A. Should not inhale asbestos fiber.
7 Q. Did it state that asbestos causes lung
8 cancer? Did it state, I'm sorry, that asbestos
9 causes, if you want to make the distinction, lung
10 neoplasms?
11 A. No.
12 Q. Could I ask you real quick, Mr. Forte,
13 to tell me what the relationship between Fisher
14 Scientific and Mettler Toledo is? I also saw that
15 on the website yesterday.
16 A. Toledo is a supplier of analytical
17 balances to Fisher Scientific and others.
18 Q. Do you know whether Mettler Toledo
19 supplies either -- supplied, excuse me -- either
20 to Fisher Scientific or to others thermo
21 analyzers?
22 A. Over a period of 30 years, my sense
23 would be that was not an item that was sold by
24 Fisher Scientific.
25 Q. Well, sir, I appreciate your patience.
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1 I'm all through with you. I may have some
2 questions after counselor the other lawyers
3 speak.
4 MR. WILLIAMS: Anyone else have
5 questions? Anyone on the phone have questions? I
6 take that as a no.
7 THE VIDEOGRAPHER: The time is 1:07 p.m.
8 This is the end of the deposition.
9 (Whereupon, at 1:07 p.m., the taking of the
10 instant deposition ceased.)
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1 * MARKED QUESTIONS *
2 Page 52 Line 22
3 Q. Would you agree with me, Mr. Forte, that
4 listed in 1974 under these gloves are the words
5 "Meets OSHA requirements" which is similar,
6 substantially similar, if not identical, to "In
7 full compliance with OSHA"; is that correct?
8 Page 66 Line 6
9 Q• So to be clear, you don't know whether
10 when a customer ordered one of these high volume
11 items, whether they would be warned by Fisher
12 Scientific that, for instance, this is a dangerous
13 item, we're seeking a replacement; is that
14 correct?
15 Page 100 Line 16
16 Q. So you can't tell me, sir, whether you,
17 yourself, when you look at this letter, think that
18 an expert would be necessary to answer this
19 letter? You can't tell me one way or the other?
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1 COMMONWEALTH OF PENNSYLVANIA CERTIFICATE
2 COUNTY OF ALLEGHENY SS:
3 I, Ann Medis, RPR a Court Reporter and Notary
4 Public in and for the Commonwealth of
5 Pennsylvania, do hereby certify the witness,
6 ROBERT FORTE, was by me first duly sworn to
7 testify to the truth; the foregoing deposition was
8 taken at the time and place stated herein; and the
9 said deposition was recorded stenographically by
10 me and then reduced to printing under my
11 direction, and constitutes a true record of the
12 testimony given by said witness.
13 I further certify the inspection, reading and
14 signing of said deposition were NOT waived by
15 counsel for the respective parties and by the
16 witness.
17 I further certify I am not a relative or
18 employee of any of the parties, or a relative or
19 employee of either counsel, and I am in no way
20 interested directly or indirectly in this action.
21 IN WITNESS WHEREOF, I have hereunto set my
22 hand and affixed my seal of office this 25th day
23 of November, 2010.
24
25
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1 COMMONWEALTH OF PENNSYLVANIA ERR ATA COUNTY OF ALLEGHENY SHE ET 2 3 I, ROBERT FORTE, have read the foregoing pages of
4 my deposition given on November 16,2010, and wish
to make the following, if any, amendments,
5 additions, deletions or corrections:
6 Pg. No. Line No. Change and reason for change:
7 8 9 10 11 12 13 14 15 16 17 In all other respects, the transcript is true
and correct. 18 19 20 ROBERT FORTE 21 22 day of 2010. 23 24 Notary Public 25
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1 MAGNA LEGAL SERVICES 399 Thornal Street, 3rd Floor 2 Edison, NJ 08837 215.207.9460 3 4 November 25, 2010 5 TO: John T. Williams, Esquire 6 7 RE: DEPOSITION OF ROBERT FORTE 8 NOTICE OF NON-WAIVER OF SIGNATURE 9 Please have the deponent read his deposition 10 transcript. All corrections are to be noted on the Errata Sheet. 11 Upon completion of the above, the Deponent 12 must affix his signature on the Errata Sheet, and it is to then be notarized. 13 Please forward the signed original of the 14 Errata Sheet to Michael E. McMahon, Esquire for attachment to the original transcript, which is in 15 his possession. Send a copy of same to all counsel. 16 Please return the completed Errata Sheet 17 within thirty (30) days of receipt hereof. 18 19 Ann Medis, RPR 20 Court Reporter 21 22 23 24 25
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age (5) 29:10 83:22 amendments (1) 122:11123:5129:4 area (1) 59:23 -_. A Aaron (1) 8:7 84:1,12119:1 138:4 129:5 130:8 131: 10 argue (1) 107:18 abatement (2) 31:11 agent (1) 24:21 AMERICA (1) 6:18 132:20,23 135:18 argumeutative (1) 49:22 agree (20) 15:14,21 American (2) 1:14 answered (8) 79:5 114: 14 ability (1) 124:18 16:21 17:4,15,25 11 :6 81:2482:13 88:10 asbestos (165) 1:4, 13 able (7) 11:23 41 :23 18:13,2319:8,17 amirabile@mcshea... 96:12102:10 107:7 1:19,216:149:13 81:2090:3 120:4 20:1921:5,1735:20 7:11 123:3 9:2410:5,8,11,14 123:17 129:4 42:952:2257:10 amonnt (1) 97:16 answering (1) 105:24 10:16,18,19,22 absolutely (8) 37:3 85:393:25135:3 analysis (2) 30:23 answel'S (5) 59: 16 11:10 13:1223:14 81:496:10101:3 agreed (3) 89:8 90:24 47:23 65:2105:17,21 25:16,1830:3,5,8 102:17,19108:21 116:2 analytical (1) 133:16 114:16 30:11,1931:2,10,11 126:5 agreement (1) 101:13 analyze (1) 33:3 Anthony (1) 7:8 31:1432:12,1833:6 absurdly (1) 101:19 agreements (1) 27:4 analyzed (7) 33:6 anticipate (1) 104:21 33:16,2134:1635:3 acceptable (3) 60:23 ahead (2) 39:9 105:6 46:1147:362:16 anticipation (1) 46:7 35:2236:1,1538:13 62:4 115:7 air (3) 6:9 34:21 63:573:23 118:1 anyway (1) 22:8 38:1439:2040:1 accounts (1) 26:24 39:24 analyzers (1) 133:21 apologize (4) 29:25 41:545:2546:8,18 accurate (10) 12:25 airborne (8) 38: 17 Anderson (5) 6:19 70:1777:14110:8 49:18,21,2456:14 23:1225:2526:10 72:2573:10,17,19 9:1242:2243:6,7 Apparently (1) 57:13,2058:9,19 26:25 42:2449:7 74:11 83:22 84:12 ANDREW (1) 1: 1 105:23 59:11,12,2360:1,8 63:11 71:14 127:2 Airpoli (3) 2:5,5 and/or (2) 85:13 appear (6)43:18 60:11,24,2561:14 accurately (1) 110:17 11 :14 89:18 51:1154:1783:5 61: 15,16,19,20,22 achieved (1) 98:20 al(10)1:8,15,2211:5 Ann (5) 2:3 5:3 11:17 113:20125:16 61:2464:11 68:9 acquired (3) 126: 18 11:7,1050:12,23 137:3 139:19 APPEARANCES (7) 71:2472:7,19,24 126:20 130:23 51:1959:3 Anne (1) 3:4 2:83:14:15:16:1 73:4,10,1874:11,14 act (1) 104:13 [email protected]... answer (113) 13:21 7:1 8:1 74:1875:8,13,25 action (3) 1:4,12 3:7 14:7,22 15:9 16:19 appears (11) 36:8 76: 11 79:25 80: 11 137:20 alive (2) 96:23 97: 1 17:2018:9,11,19 39:2271:5,886:12 80:2381:1582:7,8 actions (1) 12:8 alleges (2) 87:25,25 19:5,1421:2,13 113:13 115:3 117:7 83:1085:3,6,8,14 actual (1) 112:25 Allegheny (3) 3:5 30:6,1431:732:7 120:12 128:21 85 :23 86: 15,20,22 additions (1) 138:5 137:2138:1 32:1533:2035:i6 129: 18 88: 1,2,6,13,14,24 address (2) 71:16 alleviate (2) 71 :23 35:2440:13 4i:19 applicable (2) 44:3 89:1490:8,9,12,25 74:13 75:13 41:2342:14,18,19 132:2 92:12,1794:1,9,10 adequate (1) 87:2 Allied (4) 126:i8,19 47:949:550:353:5 application (1) 59:13 94:1095:4,7,23 adhesive (1) 80: 11 126:19,22 53:854:2455:9 applied (3) 46: 18 96:3 99: 1 110:22,25 admissible (1) 109:3 allow (2) 109:13, 14 56:957:17 58:3,24 76:i995:23 111:1,19112:13 adorfzaun@rawle.... allowable (1) 102:10 60:5 6i:6 62:9,22 applies (1) 94: i 1 113:9,15116:4,7,16 8:10 allowed (7) i 8: 15,25 65:7,16,2i 66:8,16 apply (6) 76:2180:15 120:iO 122:3 adverse (9) 92: 17 19:921:7102:13,15 66:2071:9,1272:2 87:2094:23 118:6 126:24128:3,9,14 93:i294:3,12,23 102:19 72:17,2273:6,7 131:18 128:18,20,23 95:17,22116:6,6 allowing (1) 113: 14 75:i i,19 76:3,9,15 appreciate (3) 58:24 129:12,22130:4,15 adveliised (1) 56:14 alternate (6) 49:14 79:5,1981:11,24 107:23 133:25 131:6,11,13,19,20 advertisement (2) 61:1872:1674:18 82:14,2383:1484:4 approach (5) 27:20 131 :25 132:2,3,4,6 54:956:15 97:2398:23 85:2087:888:10 28:23,2597:5 116:5 132:7,21,24,25 adveliises (1) 56:5 alternative (11) 57:23 90:3,1591:2493:3 approaching (1) 133:1,4,6,7,8 advertising (2) 39:23 58:6,1974:1590:10 94:1596:13,17,19 112:4 asbestosis (1) 34:23 51 :21 91:1999:4,18 97:3,1498:1499:8 appropriate (2) asbestos-containin... advice (3) 58:2465:4 113:16119:14,25 100:3,6101:3,7 133: 1,3 13:1514:1230:17 31:18,20,2432:1,18 65:16 altel'llatives (2) 72:7 102:8103:2,16 approve (1) 51:8 advised (1) 100:10 75:25 105:1,20109:15 approved (4) 37:4 32:2533:2340:10 affix (1) 139: 12 Alzheimer's (1) 110:3111:4112:1 41:651:556:11 44:7,11,1945:12,23 affixed (1) 137:22 111:17 115:22 116:20 April (3) 92: 11 46:2347:19,20 afternoon (1) 68:8 ambiguons (1) 17:21 118:13 119:5,16 110:15112:12 48:11,1560:1662:5 Agatha (2) 67: 17,24 Amchem (1) 3:2 120:2,4121:7 Arch (1) 7:9 77:1778:579:1,6
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111:20,21113:16 Cremonese (2) 10:12 110:15112:12 30:18 69:1278:16 114:11 115:16 110:16 114:24129:21 DENNEHEY (1) 8:3 dIfferent (6) 54:25 117:21 119:2 criteria (1) 13: 17 dates (2)71:13 Department (5) 9: 10 55:15,20,2277:24 120:14121:3,11,12 criterion (1) 85:17 127:14 10:338:343:17 109:17 121 :24 122:4,8,19 critical (1) 60:7 David (2)4:14,19 83:7 DINSMORE (1) 4:19 122:20 125:23,24 CROPSCIENCE (1) david.singley@din... Depfer (1) 8:3 directed (1) 56:13 128:4,11,23,24 3:2 4:22 depo (1) 68:16 direction (1) 137: 11 129:2,17 130:5,20 cubic (1) 34:22 day (2) 137:22 deponent (6) 2: 124:5 directly (1) 137:20 131:7132:2,8135:7 curions (1) 61: 13 138:22 6:5105:1 139:9,11 director (8)26:15,18 135:14138:17 current (2) 29: 11 days (1) 139:17 deposed (5) 22:4,10 43:4,1276:6121:17 corrected (1) 41: 11 127:25 de (1) 123:19 22:14,2366:11 126:7,9 co....ections (2) 138:5 currently (2) 85:11 dead (2) 96:23 97: 1 deposition (41) 1:24 dirty (1) 46:1 139:10 129:16 dealing (2) 26:22 2:19:511:3,14 disaappeared (1) correctly (2) 101 :25 customer (11) 18:15 64:10 12:12,23 13:320:4 45:21 115:20 27:6,1143:1991:15 December (6) 38:8,11 53:1763:2066:12 disagree (1) 105:22 correspondence (1) 100:14,17119:11 71:475:377:4 66:2467:21,2369:9 disappeared (1) 87:19 128:15,19135:10 86:14 95:20104:7,8,15 48:18 cost (1) 108:13 customers (10) 18:2 decide (3) 20:2 105:16106:24 discontinuance (1) costs (4) 104:10113:5 27:3,329:1737:13 102:23 107:25 107:9,13,14108:8 115:5 113:11,14 56:20 89:21 92:23 decided (3) 86: 19 108:20109:1,2,22 discontinue (6) 46:6 cots (3) 115:2 117:20 117:11118:22 108: 1 109:22 109:24 123:22 92:16115:14 119:11 cut (1) 132: 13 decipherable (4) 124:17134:8,10 116:14,24117:3 counsel (40) 11:19 cutting (6) 44:2 46: 18 16:14,1653:2454:3 137:7,9,14138:4 discontinued (3) 12:16,2513:4,25 60:991:10118:17 decision (13) 46:9 139:7,9 48:21117:5,8 15: 10 16:8 20:8,9 131:13 48:266:273:25 depositions (4) 12:14 discontinuing (1)
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86:13 88:2089:12 KELLEY (1) 3:4 115:15 70:2571:4,5,9,16 127:4 89:1990:2392:10 kettle (1) 128:19 Kohler (3) 9:20,22 71:18,2372:3,6,11 little (1) 126:4 92:10 94:16114:23 kind (5) 20:2230:24 71:1 72:13,15,17,2373:5 LLC (3)4:10 5:7 118:3 120:7 121:15 32:2178:6,7 Korbin (1) 22:20 73:5,974:13,24 7:17 121:16,18127:21 kindly (1) 104: 13 75:4,7,8,11,20,24 LLP (5) 2:134:6,19 James (1) 6:19 King (3) 10:17126:4 - --- L --_._,-- 83:9,15,18,2086:23 5:3 6:6 Janet (1) 6:14 126:8 L (2) 3:168:11 92:21113:21117:7 Imassini@carusop... JANICZEK (1) 7:22 KLUGER (1) 7: 13 label (5) 130:16133:1 117:15122:5128:8 3:11 Jannary (3) 88:23 knew (1) 74:9 133:3,4,5 135:17,19 local (3) 20:8,9 108:6 89:691:14 know (74) 14:25 Labor (5) 9:10 10:3 IetteI'ing (1) 39:19 logistics (3) 28:6,8,9 JASONS (1) 3:4 15:10 18:8,10,19 38:343:1783:7 letters (1) 118:3 long (1) 24:5 Jersey (13) I: I,I0 19:5,1421:1,12 laboratory (6)23:16 let's (28) 13:1 20:1 longer (1) 24: 12 11:812:1416:9 22:723:20,2229:23 23:1925:11 27:19 52:1053:755:25,25 LONGO (3)3:13 22:923:1 69:3,8,19 33:5,1037:2439:2 38:13 49:14 61:1263:13 70:3 4:117:18 69:23101:15109:1 39:3,540:13,17,20 language (12) 51 :15 71:2293:24101:20 look (13)36:13 44:24 JerseylPennsylvani... 41:22 43:20 47:13 54:14,1855:4,6,18 104:23 105:9 106:4 52:561:1265:13 2:3 48:8 50:6,24 59:2 56:4,14,21 105:1 106:18,23,25 66:789:1593:24 JFK(2)6:157:14 61:1763:865:7,21 111:13115:3 108:22,24 109: 16 115:6116:2124:2 jgolup@goldfeinla... 68:1,1078:11,14 large (3) 27:2 31: II 109:23 110:4113:7 130:17 135:17 6:17 82:3,1484:191:19 128:19 123:6 131 :23,25 looked (4) 52:7 86:5 Jim (3) 77:389:14 92:3,494:1595:10 larger (1)28:17 132:13 86:891 :2 112:11 96:5,18,23,2597:2 late (5) 111:17 127:15 Lewis (1) 3:4 looking (9) 57:22 Joan (2) 1:2 8:3 97:2 100: 16 102:6 127:16130:23,25 liability (7) 86:25 58:586:391:4,10 Joe (2) 110:16,22 105:8 110:22 launch (1) 29:9 120:10,13,21 122:3 94:697:2398:18 Joel (3) 84:20,23,24 111:11,12112:2 Lauren (1) 5:7 122:7,22 129:20 John (7) 2: 13 4:6 6:6 113:24114:3119:6 LAVIN (2)3:17 8:12 liable (1)121:I looks (3)39:15 41:1 76:5 83:6 107:5 119:21,22 120:20 Law (3) 1:2,10 11:8 liberate (7) 72:24 59:4 139:5 121:6122:11,21,23 LAWLER (1) 6:11 73:10,17,1974:11 loss (1) 49: I JOHNSON (1) 7:3 122:23 124:24 lawsuits (4)92:19 83:2284:12 lost (1) 36:17 JOSEPH (1) 6:15 129:3 131 :24 93:1496:299:17 liberates (1) 118:16 lot (1) 125:25 jpdepfer@mdwcg.... 133:18135:9 lawyers (1) 134:2 Libeliy (1) 5:8 low (4) 97:6,8,18 8:5 knowing (12) 42:7 lead (1) 109:3 limited (5) 1:22 6: 14 98:18 jph@maronmarvel... 59:862:2565:8 leading (4) 106:7,13 12:1198:16106:20 lower (1) 69:10 6:21 66:480:1481:17 108:25 109:4 line (14) 11:23 51:3 Iruggiero@pattonb... JR (1) 1:18 84:589:2491:25 learned (1) 31:4 67:1286:1888:21 5:5 judge (5) 68: I0 96:7104:12 leave (2) 67:12 68:2 89:792:15,15 lung (9) 10:22 34:24 104:12106:9 knowledge (52) 13: II [email protected]... 112:18 113:7 135:2 129:13,22130:4 107:20108:1 13:12,17,1814:10 5:10 135:8,15138:6 131:7132:7133:7,9 judges (1)68:1 17:624:7,931:8,13 led (1)48:10 lines (2) 110:22113:7 1,-001052-10 (1) 1:11 June (1) 114:24 31:16,2333:9,11,14 left (2) 52:12 126:18 linked (1) 128:10 1,-007567-09 (1) 1:3 Junior (1) 71: I 37:9,18,21 38:22 left-hand (2)36: 15 LIQUID (1) 6:9 1,-1052-10 (1) 11:7 jurisdictions (1) 40:9,15,1847:11,13 56:13 Lisa (2) 3:85:3 1,-7567-09 (I) 11:5 22:23 47:1650:4,759:22 legal (7) 1l:l8 65:6 list (1)30:I ".""" ..._- jury (1) 81:21 61:8,2362:10 63:4 82:1292:1893:13 listed (8) 36:1539:18 M jwilliams@hww-Ia... 63:7,973:21,22 111:7139:1 52:23 78:25 80: 17 M(4)3:8 7:38:710:6 2:154:86:8 76:6 82:24 95: 13 legally (1) 51:4 88:2293:21 135:4 Magna (2) 11:18
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Magna Legal Services Page 9 manage (1) 26:12 marketing (14) 28:20 14:4,5,21 15:13,20 McSHEA (1) 7:8 11:969:22 managed (1) 27: 10 28:2429:243:5 16:8,11,16,1817:1 MDL (1) 69:10 Mike (2) 12:7 67: 19 management (1) 28: 1 44:846:451:1,20 17: 14,24 18: 12,22 mean (3)49:155:23 mlllion (1)34:21 manager (8) 26:9,11 51:2456:2081:3 19:7,1620:1,17,18 69:13 mind (3) 23:5 25:9 26:2443:784:25,25 115:6,15116:6 21:4,1522:130:9 means (3) 122:21 94:17 111:9121:14 marketplace (2) 85:9 31:1,1532:9,20 123:1132:23 minded (1) 25: 1 Managers (3) 24: 11 111:22 34:135:10,1836:2 measure (1)21:8 MINERALS (1) 4: 18 24:2325:12 markets (3) 29: 17 36:5,19,2237:10,19 Medis (4) 2:3 11 :17 Mirabile (12) 7:8 manufacture (3) 31 :22,25 38:139:1,8,13,16 137:3139:19 68: 13,15,15, 19,23 14:11 44:1 85:13 marldng (2) 13:2 40:6,16,2241:10,21 meeting (5) 10:9 69:1,4,9,14,20,24 manufactured (19) 50:15 42:8,1647:1248:4 41:1788:2489:5,18 Mischaracterizatio... 32:2544:12,16,23 MARKS (1)2:18 49:1650:5,10,17,18 meets (9) 36:24 41:8 62: 18 112:1 130:7 61:2563:164:12 Marlton (1) 7:5 52:6,10,16,2153:6 41 :12 52: 12,24 mischaracterized (1) 77:2378:10,17,19 MARON (1) 6: 19 53:12,16,2154:1,5 54:1055:556:15 115:18 80:4,885:789:10 Marphy (1) 22:25 55:3,12,17,2456:18 135:5 mischaracterizes (1... 94:19112:22 MARSHALL (1) 8:3 57:1,2158:7,14 member (17)23:16 81:884:397:13 118:14,23 MARVEL (1) 6: 19 59:14,2460:13,21 23:18,22,24,2524:2 98:6,13 99:6116:18 manufacturer (2) Massimi (1)3:8 61:1162:13 63:2,14 24:3,5,8,10,14,19 119:4120:17121:5 62:285:2 master (13) 67:2,8,12 63:2264:2265:11 24:19,2125:5,6,10 131:9 manufacturers (2) 67:1468:969:1,17 65:2466:15,19,25 memo (39) 9:7,12,14 mischaracterizing (... 32:2445:5 69:1870:3,6101:16 67:8,16,19,1968:4 10:2,4,6,8,10,12,13 99:24103:8 manufactnring (13) 101:21 106:17 68:12,14,18,21,25 10:15,1734:3,12,15 misleading (1) 37:12 43:8,2444:1745:4 MASTER'S (3) 69:3,7,12,19,22 35:2,2142:22 43:9 misread (1) 53:25 46:1560:877:22 67:17,2568:7 70:2,7,16,2271:15 50:1251:2454:12 misrepresentation ... 78:479:785:586:2 Mastroianni (1) 7:22 71:2172:5,1273:2 55:756:270:24 42:10101:1 91:3 112:21 matches (1) 55:6 74:20,23 75:23 76:8 83:684:1985:10 mission (1) 24:22 Maple (3) 2: 104:3 matching (1) 132:16 76:2377:1,13 78:21 86: 13 88:2095:2 misspoke (2) 95:21 6:3 material (14) 10:20 78:2479:9,2281:12 110:15 112:6,11 95:24 Marc (15) 3: 124:10 30:11 34:2051:5 82:2,1783:1,16 114:23 115:13 misstatement (1) 7:179:613:314:19 90:6,1097:799:18 84:6,18 86:11 87:22 126:4,8 127:10 97:15 70:8,13 102:5104:2 110:23 111:2,7 88:1890:191:12 memorandum (1) Mitchell (2) 10: 10 104:11 107:2,22 113:16119:14 92:2,793:2,20 92:9 92:10 108:14109:19 125: 10 94:2095:1596:9,15 men (2) 123:24 124:4 mittens (3) 115:2 March (3) 1:20 11:11 materials (21) 31:18 98: 1,9,2499:11,22 mention (1) 92:22 117:19119:11 126:3 31:20,2432:133:3 100:1,15 101:2,6,11 mentioned (2) 31 :22 [email protected]... margin (1) 115:4 33:6,750:25 87:13 101:13,20102:2,5 75:8 6:13 mark (5) 54:167:1 89:9,13,16,2291:5 102: 13, 17, 19,23,25 Mettler (4) 20:9 moment (1) 20:1 74:2076:23 101:16 91:20113:6,12 103:9,12,15,19,24 108:7133:14,18 moments (1) 13:6 marked (29) 9:3 13:7 117:20 119:25 104:2,11,20105:6,9 METTLER-TOLE... monitored (1) 62:15 33:2436:4,737:25 125:13,22 105:12,22,24106:2 4:10 monitoring (9) 38: 18 39:740:21 50:9 matter (4) 11 :4,9 106:18 107:22 Michael (15) 2:9 4:2 38:21,2339:4,24 54:13 56:25 70:12 13:460:25 108:14,18,24 4:156:2,1020:7 47:2362:25118:10 70:13,2174:22 McCormack (2)3:16 109:11,19110:4,7 69:2586:13 101:24 118:15 76:24 82:25 84: 17 8:11 110:13111:10 106:4107:8,15,18 Monsanto (1) 5:2 86: 10 88: 17 92:6,9 McCormick (3) 112:8114:2,15,20 109:5 139:14 month (1)71:9 110:12112:7 104:13 106:9 116:12,22 118:24 microbiology (1) MORAN (3) 3: 13 114:19126:1 127:7 107:21 119:20 120:5,22 23:7 4:11 7:18 129:7135:1 McDEVITT (1) 7:22 121:9122:14123:6 microscope (2) 39:23 mOl'lling (1) 12:6 market (7) 6: II,20 McGIVNEY (1) 7:13 123:13 124:15,23 40:8 motion (4) 104:1 0,17 29:1937:341:16 McGOWAN (1)3:4 125:2,6126:2 127:8 mid (2)27:7127:16 104:23108:17 110:24111:19 McMahon (226) 2:9 129:8 130: 1,11 middle (3) 29:20 motivation (1) marketed (6) 40:8,II 4:26:29:2 12:5,7,9 131:22132:12 31:22107:8 III:22 41:545:15,1848:16 12:18,1913:8,24 133:2139:14 Middlesex (4) 1:2, I 0 Monnt (1)31:12
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mouth (1) 53:16 nonhazardous (1) 30:4,13 31:632:6 16:1020:5,10,12,13 oriented (1) 52: 19 move (2)22:2109:16 49:12 32:13 33:1835:5,7 53:20106:8108:10 original (4) 75:8 Movement (1) 28: 10 nonmanufactured ... 37:540:3,1241:7 110:1 78:22139:13,14 multidistrict (1) 69:5 94:19 41:1842:3,1247:7 obviously (2) 48:24 OSHA (60) 9:15 Multiple (1) 27:23 NON-WAIVER (1) 49:3 50: 1 52:3 53:2 69:16 36:2437:439:25 mute (2) 11:22 13 :23 139:8 54:2055:8,1456:7 occasion (1) 23:14 41:6,8,12,1744:3 __ ._ North (1) 2:19 57:14,2559:1860:3 occasions (1) 100:10 44:2351:5,7,15,20 ___ :N Northeastern (2) 62:764:1865:5,17 October (1) 57:8 52:12,2453:154:10 N (6)2:14 3:17 4:7 71:174:25 65:1871:11,19,25 offer (3) 13:16 72:6 54:1555:5,756:5 6:78:129:1 notarized (1) 139:12 72:2076:2,13 79:18 75:24 56:11,1662:12 uame (6) 11:1612:6 Notary (3)2:4137:3 81:6 82: 10 84:2,14 offered (1) 13:18 73:12,15,15,1774:3 59:468:15126:13 138:24 85:1987:589:23 office (8)7:4 67: 17 74:5,7,1076:19 127:21 note (1) 74:1 90:11 91:2292:25 67:18,2568:7108:5 80:6,783:1086:7 uames (2) 22:22 noted (2) 11:19 93:1696:497:12 128:16 137:22 87:19,2188:16 88:22 139:10 98:5,12111:25 offices (1) 2:4 90:19,2191:9100:9 national (5) 24: 10,23 notes (3) 89:6 93: 12 113:18116:17 Oh (2) 17:7105:12 100:11 116:1 25:1126:23108:3 99:23 118:12119:15 okay (9)20:17 41:11 117:10118:3,5,6,8 nature (6) 74:875:21 notice (10) 9:5 13:3 120:16121:4 52:1863:1468:7 118:17,25131:12 94:17 97:9116:10 14:166:1268:16 124:10 129:25 69:20 70: 13 83:4 131:16,16,17 135:5 126:23 69:991:17119:23 130:6131:8132:9 112:14 135:7 navigation (1) 130:18 126:18139:8 132:22 Oliver (1) 8:8 outside (16)27:18 necessarily (4) 55:11 noticed (3) 51:14 objecting (2) 53:15 Once (7) 61 :24 87: 12 32:2333:13 61:25 59:2069:1480:12 54:1466:24 109:8 112:3 114:5 115:24 62:2464:467:2,9 necessary (4) 21:7 notices (1) 68:22 objection (98) 13:16 116:8118:19 74:5120:9,14121:1 66:8 124:6 135:18 notified (1) 30:2 14:115:1716:12,13 ones (1) 23:5 121 :21,25 122: 1 need (6) 15:10 30:7 November (9) 1:25 16:22 17:8,9,18,19 ongoing (1) 127:5 131:14 44:1046:391:8 2:611:250:13 83:7 18:4,6,16,1719:2,3 operation (1) 73:10 overly (8) 17: 12 124:16 84:21 137:23138:4 19:11,12,20,21 operations (3) 28:12 19:15,2521:3,14,25 needed (2)49:8,13 139:4 20:15,23,2421:9,10 72:2473:18 42:15,19 needlessly (4) 18:15 number (22) 12:21 21:21,2235:6,11,13 opinion (2) 82:18,21 Oxford (1) 4:20 18:2519:1820:21 39:1251:1652:15 35:15,2337:6,14,15 opportunities (1) O'BRIEN (1)2:18 neither (2) 47:251:6 63:1968:277:10,16 37:2238:2439:6 86:8 0'NE1L(2)3:178:12 neoplasms (5)34:24 78:1480:2481:16 40:1942:4,13,17 opportunity (2) 18:2 O'NEILL (1) 2:18 129:23131:7132:8 82:985:1,1089:12 47:2549:2,453:13 21 :19 O'Reilly (2) 22:9,12 133:10 89:1491:3113:5,10 53: 13,24 56:22 options (3) 107:1,3,4 network (2) 26:21 113:25,25 127:25 58:1159:760:5,18 order (4) 86:6 90:8 -P _._ 28:16 numbers (3) 10:18 61:2,362:9,19,20 91:16119:12 P (4) 6:198:3 9:7,13 never (13) 18:14,24 75:2278:14 62:2166:1069:15 ordered (6) 90:7 PA (15) 1:18 2:5 3:6 21:623:1025:16 numerous (1) 128:13 72:9,2175:15,17,18 100: 17 119:22 3:184:215:96:12 29:2330:1838:20 NY09_000061 (1) 76:1579:481:7,23 125:9,9135:10 6:16,207:10,14,24 46:1989:2099:14 9:18 82:11,1483:1284:3 ordering (1) 99:15 8:4,9,13 117:22119:19 NY09_000062 (1) 87:7 88:9 94: 13 ordinarily (2) 83 :21 package (1) 91: 18 new (20) 1:1,10 2:2 10:3 95:897:1498:14 84:11 packaging (1) 119:23 3:144:127:1911:8 NY09_000064 (1) 99:5,19 100:22 organization (20) packed (1) 128:18 12:13 16:922:9,20 9:20 104:25 105:19 24:2527:11,1128:7 pads (9) 61:15,21,22 22:2545:969:3,8 NY09_000065 (1) 106:12109:12,15 33:1137:2139:2 61:2462:2,5,8,10 69:19,2286:20 9:22 111:3114:13 40:17 41:22 47:14 75:8 101:15109:1 _ 115:17,21118:12 50:651:163:9 page (18) 9:510:2,21 Newark (1) 5:4 0_ 119:3,5 120:1 122:9 81 :20 90:2 92:4 36:13,14,18,20 nine (1) 22:6 oath (4) 63 :24 70: 19 122:10 96:17111:11114:3 39:1741:151:15 NJ (12)2:11,20 3:10 110:10123:15 objectionable (1) 119:21 52:9,11,15120:6 3:144:4,12,165:4 object (75) 14:17,20 61:5 organizations (3) 129:10 135:2,8,15 6:47:5,19139:2 15:5,7,23,25 16:23 objections (10) 16:9 25:4,1426:5 pages (1) 138:3
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Palmaris (1) 23:4 128:5 133:22 33:2436:437:25 80:8107:16116:18 72:4,1674:1875:21 paragraph (4) 34:18 permitted (1) 108:5 39:740:21 50:9 practice (1) 51 :10 76:1779:2580:18 43:1680:2289:8 person (5) 39:541:24 56:2570:2174:22 PREMIER (1) 1:14 80:2190:1291:11 parentheses (2) 48:13 111:8 120:3 76:2482:25 84:17 Premium (1) 11 :6 91 :16,18,2197:24 121:21 128:1 Personal (1) 92:9 86:1087:2488:17 prepared (1) 70:5 99:2113:1 115:25 Park (2) 2:197:4 Personnel (2) 10:23 92:6110:12 112:7 present (4) 8:15 116:14,15,25 pali (17)24:6 25:2 129:13 114:19125:21 29:15,16105:16 126:12,14130:21 45:448:7 50:25 perspective (4) 46:5 126:1 127:7129:7 previous (2) 22:3 production (7) 48:20 65:2073:1 80:5 49:11 91:1 112:4 planning (1) 29:21 126:24 112: 17,23 113:3,8 81:1190:18,20 pertain (1) 12:14 plant (4) 43:778:17 previously (6) 46: 10 118:17,18 123:18127:6 Peter (2) 34:3,9 118:20,23 54:7,2362:1495:16 products (177) 3:2 130:16,22 131: 13 Pg (1) 138:6 plants (1) 40: 1 126:13 10:5,1613:15 14:12 132:17 PHAR1\1ACIA (1) platform (1) 29:9 Price (7) 9:7 10:12 19:123:17,1925:11 participation (1) 25:9 5:2 Plaza (2) 5:4 7: 13 34:4110:16111:5 26:428:1030:16,17 particles (7) 34:20,21 phase (1) 39:23 Pleas (3) 1:1711:12 111:14112:3 30:21,2332:11,16 72:2573:10,17,19 phased (1) 45:24 68:19 primarily (1) 87:16 32:18,19,22,23,25 74:11 phaseout (2) 45: 10 please (15) 11 :22 primary (1) 29:8 33:22,2335:9,14 particular (4) 36: 1 48:22 13:2217:754:1 printed (2) 36:24 38:13 40:1,11 44:5 43:23 45:2 76: 16 Phil (3) 42:2243:2,4 67: 15 78:22 88:5 51:5 44:7,11,14,19,21 paliicu1arity (1) Philadelphia (15) 101:16 103:9 printing (1) 137: 10 45:1,3,7,9,11,12,20 64:14 1:183:185:96:12 109:25,25121:8 printout (1) 129:11 45:21,2446:2,4,6 parties (5) 33:863:6 6:16,207:10,14,24 139:9,13,16 prior (12) 24:8 31 :20 46:11,19,2347:19 65:10 137:15,18 8:4,1311:1268:20 PLUMBING (1)2:16 32:17 52: 1 60: 1 47:20,22,2448:3,12 patience (1) 133:25 68:2469:2 point (8)44:14 65:9 73:11,11 74:2 119:7 48:15,21,2349:7,10 patient (1) Ill:17 Philip (1) 10:14 69:1574:1987:13 128:5 130:10131:9 49:13,1551:856:6 Patrick (1) 7: 12 Phillip (2) 89:15 107:15113:24 pro (5) 12: 11 102: 1 56:2160:11,16,19 Patterson (3) 3: 13 112:12 114:18 104:9106:21 107:9 60:2461:1062:12 4:11 7:18 Philly (1) 68:16 poisons (1) 20:21 probably (5) 25:8 62:15,2363:1,6 PATTON (1) 5:3 phone (4) 11 :22 pollution (1) 39:25 73:13 74:2 76:18 64:7,10,11,1272:25 pbeatty@mcgivney... 13:2370:3 134:5 POPE (1)3:9 125:4 73:14,2374:4,6,8 7:15 phrased (1) 16:25 portions (1) 104:15 problem (10) 16:15 74:1076:21 77:17 PC (2) 3:97:3 phraseology (1) posing (1) 20: 13 80:2381:2,14,15,21 77:24,2478:1,5,6 pending (1) 64:21 56:11 position (23) 24:20 82:7,8,19 88: 11 78: 10, 15, 16,18,18 Penn (2)7:13,23 PICINI (1) 3:9 25:2426:827:9 problems (5) 86:21 79:1,6,16,2480:3,7 Pennsauken (1) 2:20 piece (3) 78:9 80:9,13 28:2229:7,11 31:4 86:2488:6,8,16 83:17,2184:1185:3 Pennsylvania (13) pieces (4) 79:8,12,13 47:1060:14,2262:3 procednre (2) 2:3 85:5,7,14,2386:1 2:411:13,1526:13 79:15 64:2465:173:7 69:16 87:11,15,17,18 43:857:677:23 Pittsbnrgh (8) 2:5,5 88:794:7108:12 proceed (3) 66:3 88:1389:10,11,16 91:4112:21 118:23 3:64:218:911:15 109:21 116: 13,24 104:16,19 90: 16,17,17,22,22 137:1,5138:1 57:567:20 117:2 121:13 proceeding (1) 91:592:1693:25 people (10) 13:14 p1ace(8)5:812:10 positions (1) 30: 1 104:18 94:1,4,8,18,2295:4 25:158:960:9 16:1260:15,24 positive (2) 46:8 91: 1 proceedings (2) 63: 17 95:5,6,19,2396:2 72:1973:476:11 91:17100:13 137:8 possessed (1) 59:15 123:10 97:17113:25116:8 81 :25 89:6 97:22 placed (6) 80: 17 possession (1) 139:15 process (4)44:17 117:12,13118:4,7 percent (2) 106:6 84: 10 106: 19 possible (5) 58:5 45:479:799:3 118:15,19,20,22 107:7 107:24 119:23 89:13,1591:5 procure (1) 25:3 119:1 120:9,11,13 perception (1) 93:9 130:14 124:14 procurement (3) 121:2,20,23 122:1,4 perfectly (1) 62:4 placing (1) 42:17 possibly (2) 58: 18 24:2025:128:5 122:7124:1,12,13 perform (1) 117:12 Placitella (4) 2: 10 4:3 91:8 produced (3) 13 :20 125:1,15 126:10,23 performed (4) 38:20 6:367:20 potential (6) 92: 19 43:24 107:6 128:10,14,23 38:23 39:3 117: 13 plaintiffs (34) 1:3,12 93:1496:298:20 product (32) 21:18 130:15131:14,20 period (6) 48:19 1: 192:2,94:2 6:2 110:24111:19 36:143:2044:16,17 131:24132:19 91:14127:14128:4 12:7,1013:2,7 potentially (4) 43:20 44:22,23 46: 16 49:9 professional (3) 2:4
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24:2525:21 puzzled (1) 126:5 138:1 recoguizing (1) 91:7 10:8,10,1643:9,10 profit (2) 49: 11 115:4 P.A (1) 6:19 raise (1) 106:16 recollectiou (1) 23 :23 43:1150:1251:2,18 profitable (1) 97: 10 p.e (4)2:18 7:8,13 raised (2) 71: 17 reconfiguration (1) 54:13,17 56:2 58:23 profits (3) 17: 17 49: 1 7:22 109: i8 28:16 70:24,2573:1274:2 49:10 p.m (2) 134:7,9 Raleigh (1) 84:25 record (32) 11 :20 74:9,16,24 76:5,17 projectiug (1)85:21 P.O (3)3:14 4:12 ramificatious (2) 12:1013:2416:13 83:6,9,17,20,25 projects (4) 10: 14 7:19 92:1993:14 45:1451:654:2 84:10,2085:186:13 31:11 112:13 I- -- raw (5) 132:1,3,4,7 63:16,2167:1,3,6,7 88:2092:1096:21 113:10 Q 132:24 70:1578:23101:20 100:9114:24118:3 Prolong-ed (1) 34:22 qualitative (1) 16:3 RAWLE (1) 8:7 101 :22,23 103 :4,20 118:25121:15,16 proper (5) 58:2 quality (3)28:6 34:10 RAYMOND (1) 1:10 106:2,5,19107:24 Reilly's (2) 55:7 104:18108:21 126:9 reach (1) 60:25 108:3 110:6 114:22 94:17 109:21 110:2 quautify (1) 13:20 read (19) 58:367:15 123:9,12125:5,15 relate (1) 35:9 protect (6) 13:13 18:3 quantitative (1) 16:3 70:1,11 77:12 78:21 137:11 related (5) 33:2136:1 21:1944:2586:7 question (67) 14:7,22 78:23 83:298:17 recorded (1) 137:9 64:11 88:12 118:4 91:8 16:7,15,17,19,25 106: 10 107: 10 records (3) 124:11,25 relates (2)44:16 proven (1) 101:15 17:12,21 18:21 112:9113:6,7 126:11 131:2 provide (2) 59: 16 19:1521:2535:17 114:21,25120:18 Red (3) 2: 11 4:4 6:4 relations (1)91:1 109:3 41:2347:849:12 138:3 139:9 redefine (1) 90:16 relationship (1) provided (7) 83:9 50:252:2053:3,9 reading (6) 94:12,16 reduced (1) 137:10 133:13 105:19120:14 53:11,25 54:457:17 99:21,22127:24 reference (3) 54:22 relative (2) 137:17,18 123:19,21 126:14 60:2064:20,21 137:13 81:18120:20 release (2)38:16,17 132:15 66:16,18,2172:18 reads (19) 34:5,19 referenced (6) 46: 16 relied (1) 56:20 provIdes (1) 83:17 73:175:2276:10 39:2443:1752:12 52:7 81 :22 82:20 remained (1) 45:20 providing (3) 87: 1 78: 11 ,22 82:23 90:3 56: 15 58:8,23 80:23 86:24 112:18 remove (3) 21:7 91:20121:1 90:1291:2393:3 85:11 86:18 89:4 references (2) 81:14 120:10122:3 public (20) 2:4 18:25 96:17,1997:3100:2 92:1597:5110:21 94:3 repeat (4) 35:17 19:10,1920:21 100:5,5 101:4,7 111:18113:2 referred (1) 95: 18 60:20 116:21 121:8 21:1831:946:7 102:9,9,14,16,20 128:15,19 referring (2) 81:3 replace (5) 87: 14 49:1781:487:2 103:2,16106:13 real (1) 133:12 90:13 89:990:991:2 88:1590:2591:15 109:15114:14 really (1) 118:2 refers (3) 72:2485:4 113:15 93:998:2199:15 115:19116:21 reason (7)44:14 84:7 91:3 replacement (4) 97:6 115:16 137:4 120:4121:8124:12 101:7 103:6 108:7,9 reflect (1) 13 :25 97:24100:20 138:24 124:21 129:4,6 138:6 refute (6) 124:3,7,18 135:13 publications (1) questions (37) 9:3 reasonable (3) 124:19125:12,20 replacements (1) 25:13 12:15,17 13:21 116:14,24117:3 regard (11) 23:11 98:18 publicity (9) 92:18 59:1665:3,1567:15 recall (15) 22: 10,1 0 25:664:2488:8 replaces (1) 86:8 93:13 94:4,12,23 70:1,1171:1775:12 22:14,15,17,2223:2 90:1996:299:13 replenishment (1) 95:18,22 116:6 101:19105:8,16 23:2524:3,1525:12 114:10 119:10 26:20 128:1 106:6,7,9,14107:7 30: 1,2 129:20,24 127:4 128:3 report (1) 89:18 pulmonary (1) 34:23 107:18108:10,19 receipt (1) 139: 17 regarding (2) 93:9 reported (2) 126:9 Pnmps (2) 6:108:2 108:21,22109:1,4,4 receive (1) 13:25 125:21 128:7 purchased (2) 118:21 109:7,9,20114:18 received (4) 23:766:1 Regardless (2) 20: 11 rep0l1er (4) 2:4 131:14 128:14134:2,5,5 66:5 128:8 43:17 11:17137:3139:20 purchasing (9) 24: 11 135:1 receiving (3) 14:2 Regards (1) 89:19 represent (3) 12:7 24:21,2325:12 quick (1) 133:12 25:13 128:17 Regency (1) 2:5 20:13 30:16 26:16,1956:21 qnickly (3) 23:6 recess (2) 63: 17 region (1) 27:7 representation (7) 121:14126:7 25:21 123:18 123:10 Registered (1) 2:3 43:21 80:2586:22 pure (1) 81:10 Qninn (1) 4: 15 recognition (1) 46: 15 regulation (1) 44:24 88:11,2592:13 purposes (1) 109:22 quote (1) 49:25 recognize (2) 34:2 regulations (2) 92: 18 128: 11 pursue (2) 98:22 55:21 93:13 representative (7) 115:5 R______recognized (3) 46:2 Reilly (48) 7:229:10 13:10 14:922:4 put (2) 17:16 30:19 R (4) 10:17,18138:1 87:9 113:23 9:14,20,2210:2,4,6 25:2326:265:23
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Magna Legal Services LAW OFFICES
COHEN, PLACITELLA & ROTH RED BANK, N.J A PROFESSIONAL CORPORATION HAARISaURG, F'A
TWO COMMERCE SQUARE BAl.A CYNWYD, PA NEW BRUNSWICK, N.J 2001 MARKET STREET, SUITE 2900 PITTSBURGH, PA PHILADELPHIA, PENNSYL.VANIA 19103 WASHINGTON, OC
t2151587-3500
FAX (2f51 667-6019 CHRISTOPHER M. PtACJT£lLA GONEN HAKLAY I-lANAGlN-G N.J AnORN£Y ghaklay@}cprlaw.com May 10, 2010
VIA E-MAIL AND REGULAR MAIL Marc S. Gaffrey, Esq. Hoagland, Longo, Moran, Dunst & Doukas 40 Paterson Street, P.O. Box: 480 New Brunswick, NJ 08903
RE: Zakanych v. Thermo Fisher Scientific. Inc. MlD-L-007567-09 Feldner v. Ame"ican P"emier Underwriters. Inc., et al. MID-L-OO I052-1 0 Blackbunl v. Asbestos Corporation Limited, et al. CCP Term March 2010; Case No.: 02699
Dear Mr. Gaffrey:
Enclosed please find Notices to Take Videotaped Deposition ofrepresentatives of Fisher Scientific Company, LLC ill the above matters. The depositions are scheduled on Thursday, May 20,2010 at 10:00 a.I"., at the your offices.
Ifyou have any questions, please do not hesitate to contact me. A=T!l;JL~ / Gonen Hakl;(~~ GHljrnc Enclosure cc: All counsel on attached list Brody Depositions (via email) Certified Court Video Specialists, CCVS (via e-mail)
* EXHIBIT I --'--;---/ FELDNERv. AMERICAN PREMIERUNDERWRITERS, INC.. ET AL. ~-L-001052-10 SERVICE LIST May 10, 2010
Louis Ruprecht, Esquire Louis Ruprecht, Esquire John Gregoric, Esquire John Gregoric, Esquire Ruprecht, Hart & Weeks Ruprecht, Hart & Weeks 306 Main Street 306 Main Street Millburn, New Jersey 07041 Millbum, New Jersey 07041 [email protected] [email protected]
Attorneys for American Premier Attorneys' for Consolidated Rail Corp. Underwriters, Inc. Thomas 1. Coffey, Esquire Marc Gaffrey, Esquire Porzio, Bromberg & Newman, P.C. Hoagland, Longo, Moran, Dunst & DoUkas 100 Southgate Parkway 40 Patterson Street P.O. Box 1997 P.O. Box 480 Morristown, New Jersey 07962 New Brunswick, New Jersey 08903 [email protected] [email protected]
Attorneys for E.I. du Pont De Nemours Attorneys for Fisher Scientific Company, Company LLC Joanne Hawkins, Esquire Arthur D. Bromberg, Esquire Speziali, Greenwald & Hawkins Weirier Lesniak, LLP 1081 Winslow Road 629 Parsippany Road P.O. Box 1086 P. O. Box{)438 Williamstown, New Jersey 08094 Parsippany, New Jersey 07054 [email protected] [email protected]
Attorneys for GeneralElectric Company [email protected]
" Attorney for Lockheed Martin Corporation Marc Gaffrey, Esquire James Zeszutek, Esquire Hoagland, Longo, Moran, Dunst & Doukas Dinsmore & Shohl;LLP 40 Patterson Street One Oxford Centre, 28~1 Floor P.O. Box 480 301 Grant Street New Brunswick, New Jersey 08903 Pittsburgh, Pennsylvania 15219-1407 [email protected] [email protected]
Attorneys for Mettler-Toledo, Inc. [email protected]
Attorneys for Minteq, Inc. Lisa Ann T. Ruggiero, Esquire Patton Boggs LLP One Riverfront Plaza, 6th Floor Newark, New Jersey 07102 [email protected]
Attorneys for Monsanto Company BLACKBURNv. Asbestos Corporation Ltd., et at CCP - Philadelphia County March 2010 - Case No.: 02699 SERVICE LIST May 10, 2010
Basil DiSipio , Esquire Natasha Dorcus, Esquire Lavin O'Neill Ricci Goldfein & Joseph 190 North Independence Mall West, Suite 500 1880 JFK Boulevard, 20th Floor Philadelphia, Pennsylvania 19106 Philadelphia, Pennsylvania 19103 [email protected] [email protected]
Attorneys for 3M Company Attorneys for Asbestos Corporation Limited. M. Douglas Eisler, Esquire Robert N. Spinelli, Esquire Wilson Elser Moskowitz Edelman & Dicker Kelley, Jasons, Mcgowan, Spinelli & Hanna, The Curtis Center, Suite 1130E LLP Independence Square West two Liberty Place, Suite 1900 Philadelphia, Pennsylvania 19106 50 South 16th Street Philadelphia, PA 19102 [email protected] Attorneys for Atlantic Richfield Corp Attorneys for Bayer CroDScicnce; LP and Mark G. Lionetti, Esquire EdwardJ. Wilbraham, Esquire Alyson M. Sciacca, Esquire John S. Howarth, Esquire Maron MarveIBradley & Anderson, P.A. Wilbraham Lawler & Buba 1700 Market Street, Suite 1500 1818 Market Street, Strite 3100 Philadelphia, Pennsylvania 19103 Philadelphia, Pennsylvania 19103 [email protected] [email protected]
Attorneys for BP America, Inc. Attorn"eys for Buffalo Pumps, Inc. John P. McShea, Esquire Barbara Buba, Esquire McShea Tecce, P.C. Wilbraham Lawler & Buba Bell Atlantic Tower, 28th Floor 1818 Market Street, Suite 3100 1717 Arch Street Philadelphia, Pennsylvania 19103 . Philadelphia, Pennsylvania 19103 [email protected] [email protected] Attorneys for CertainTeed Corporation, Eric Horne, Esquire Inc. Eckert Seamans Cherin & Mellott, LLC 600"Grant Street, 44th Floor" . Pittsburgh, Pennsylvania 15219
Attorneys for CBS Corporation and William J. Bryers. Esquire Marc S. Gaffiey, Esquire McGivney & Kluger P.C. Hoagland, Longo, Moran, Dnnst & Doukas Two Penn Center Plaza 40 Patterson Street, P.O. Box 480. 1500 JFKBoulevard, Suite 518 New Brunswick, New Jersey 08903 Philadelphia Pennsylvania 19102 [email protected] Attorneys forDuro Dyne Corporation Attorneys for Fisher Scientific Company, LLC Lee J. Janiczek, Esquire John A. Turlik, Esquire Peter Lejeune, Esquire Segal McCambridge Singer & Mahoney Reilly Janiczek & McDevitt PC United Plaza, Suite 1700 The Widener Building, Suite 410 30 South 17th Street One S. Penn Square Philadelphia, Pennsylvania 19103 Philadelphia, PA 19107 [email protected] [email protected] [email protected] Attorneys (or Garlock Technologies, LLC
Attorneys for Foster Wheeler USA Corporation John P. McShea, Esquire Richard Biedrzycki, Esquire McShea Teece, P.C. McElroy, Deutsch, Mulvaney & Carpenter, Bell Atlantic Tower, 28th Floor LLP 1717 Arch Street 1Penn Center, Suburban Station Philadelphia, .Pennsylvania 19103 1617 JFKBoulevard, Suite 1500 [email protected] Philadelphia, Pennsylvania 19103 rbiedrzvcki®mdmc-1aw.com· Attorneys (or General Electric Company Attorneys (or Chevron Oil Corporation/Gulf Oil Corporation and Exxon Mobil Corporation/ Mobil Oil Corporation Michael 1. Turner, Esquire Christopher Santoro, Esquire Marshall, Dennehey, Warner, Coleman and Marshall, Dennehey, Warner, Coleman and Goggin Goggin· 1845 Walnut Street 1845 Walnut Street, 13rhFloor Philadelphia, Pennsylvania 19103 Philadelphia, Pennsylvania 19103 [email protected] [email protected]
Attorneys for Goulds Pumns, Inc Attornevs for Hobart Brothers Company Peter J. Neeson, Esquire . Robert N. Spinelli, Esquire Raw1e & Henderson LLP KELLEY, JASONS, MCGOWAN, SPINELLI The Widner Building &HANNA,LLP One South Penn Square Two Liberty Place, Suite 1900 Philadelphia; Penrisylvania 19107 50 South 16th Street [email protected] Philadelphia, Pennsylvania 19102 [email protected] Attorneys for Honeywell International, Inc. Attorneys for Injl"ersoll-Rand Stewart R. Singer, Esquire· Edward J. Wilbraham, Esquire Salmon, Ricchezza, Singer &Turchi, LLP Wilbraham Lawler & Buba 1700 Market Street, Suite 3110 1818 Market Street, Snite 3100 Philadelphia, Pennsylvania 19103 Philadelphia, Pennsylvania 19103 [email protected]· Attorneys for Metropolitan Life Insurance Company Attornevs for PEeO Enerl!V Companv
. Scott R. Kipnis, Esquire W. Matthew Reber, Esquire David L. Birch, Esquire KELLEY, JASONS, MCGOWAN, SPINELLI Hofueimer GartHr & Gross &HANNA,LLP 530 FifthAvenue, 9th Floor Two Liberty Place, Suite 1900 N~wYork, New York 10036 50 South 16th Street [email protected] Philadelphia, PA 19102 [email protected] [email protected]
Attorneys for Rapid American Corporation Attorneys for Sequoia Ventures, Inc. and· SFS (USA) Holding, Inc., d/b/a Peerless Pumps G. Daniel Bruch, Esquire Joseph P. LaSala, Esquire Swartz Campbell, LLC Michelle S. Hydrusko, Esquire 2 Liberty Place McElroy, Deutsch, Mulvaney & Carpenter 50 South 16tl1 Street, 2Stl1 Floor PO Box2075 Philadelphia, Pennsylvania 19102 1300 Mount Kemble Avenue [email protected] Morristown, New Jersey 07962-2075 [email protected] Attorneys for Sunoco , Inc. [email protected]
Attornevs for Valero Enerl!V Corooration COHEN, PLACITELLA & ROTH, P.C. 2001 Market Street, Suite 2900 Philadelphia, Pennsylvania 1913 (215) 567-3500 Attorneys for Plaintiffs
~------_.------~------,, ANDREW ZAKANYCH and JOAN , SUPERIOR COURT OF NEW JERSEY ZAKANYCH, Husband and Wife, LAW DIVlSION: MIDDLESEX COUNTY
Plaintiffs, DOCKET NO, L-007567-09
vs, : CIVIL ACTION i, ASBESTOS LmGATION THERMO FISHER SCIENTIFIC INC., f7k/a , Fisher Scientific International Inc,; , JOHN DOE CORPORATIONS 1-25 (fictitious); , JOHN DOE CORPORATIONS 26-50 (fictitious); , , JOHN DOE CORPORATIONS 51-75 (fictitious); , , ------{Defendants. , RA1;'MOND FELDNER and BARBARA : SUPERIOR COURT OF NEW JERSEY FELDNER, Husband and Wife, j LAW DIVISION: MIDDLESEX COUNTY , , Plaintiffs, : DOCKET NO, L-001052-10 , vs. : CIVIL ACTION i ASBESTOS LITIGATION AMERICAN PREMIER UNDERWRITERS, INC.,: et at i , , Defendants, , , . , . • • ol
TO: Marc S, Gaffrey, Esq, Hoagland, Longo;Moran, Dunst & Doukas 40 Paterson Street, P,O, Box 480 New Brunswick, NJ 08903 Attorney for Defendant: Fisher Scientific Company LLC
PLEASE TAKE NOTICE, that in coordination with Robert Blackburn,Jr, v, Asbestos
Corporation Limited, et01., Court a/Common Pleas, Philadelphia County, Pennsylvania, March
2010 Term, No. 02699, Plaintiffs hereby give cross-notice that in accordance with Rule 4:14(2), videotaped testimony will be taken by deposition upon oral examination before a person authorized by the laws of the State of New Jersey to administer oaths on Thursday, May 20, 2010 at 10:00 a.m. at the offices ofHoagland, Longo, Moran, Dunst & Doukas, New Brunswick,
New Jersey, with respect to all matters relevant to the subject matter involved in these actions, at which time and place you will please produce the following person whose testimony is to be taken:
That representative of Fisher Scientific Company, LLC with most knowledge of
Fisher Scientific'S historical knowledge of the dangers of asbestos and what steps Fisher
Scientific took to protect people working with or around Fisher Scientific asbestos
containing products.
COHEN, PLAClTELLA & ROTH, P.C. Attorneys for Plaintiffs By:1J~~ GONEN HAKLAY
Dated: May 10,2010 COHEN, PLACITELLA & ROTH, P.C. 2001 Market Street, Suite 2900 Philadelphia, Pennsylvania 19103 (215) 567-3500 . .Attorneys for Plaintiffs
----~------~------~------_._------~----~---_..._,, ANDREW ZAKANYCH and JOAN : SUPERIOR COURT OF NEW JERSEY ZAKANYCH, Husband and Wife, i, LAW DIVISION: MIDDLESEX COUNTY , Plaintiffs, i DOCKETNO. L-007567-09 , vs. : CIVIL ACTION i, ASBESTOS LITIGATION THERMO FISHER SCIENTIFIC INC., f1kJa , Fisher Scientific International Inc.; , JOHNDOE CORPORATIONS 1-25 (fictitious); , JOHN DOE CORPORATIONS 26-50 (fictitious); JOHN DOE CORPORATIONS 51-75 (fictitious); , , Defendants. , .._-----_ - .._--_ -- __ -- _._-~---,, RAYMOND FELDNER and BARBARA : SUPERIOR COURT OFNEW JERSEY
FELDNER, Husband and Wife, i, LAW DIVISION: MIDDLESEX COUNTY. , Plaintiffs, :, DOCKETNO.L-001052-10 , vs.. i CIVIL ACTION i ASBESTOS LITIGATION AMERICAN PREMIER UNDERWRITERS, INC.,: et al. . j , , Defendants. ,
• .::~ ._._. • ..l
TO: Marc S. Gaffrey, Esq. Hoagland, Longo, Moran, Dunst & Doukas 40 Paterson Street, P.O. Box 480 New Brunswick, NJ08903 Attorney for Defendant: Fisher Scientific Company, LLC ..
PLEASE TAKE NOTICE, that in coordination with Robert Blackburn, Jr. v. Asbestos
Corporation Limited, et al., Court ofCommon Pleas, Philadelphia County, Peimsylvania, March
2010 Term, No. 02699, Plaintiffs hereby give cross-notice that in accordance with Rule 4:14(2),
vide.otaped testimony will be taken by deposition upon oral examination before a person
authorized by the laws of the State of New Jersey to administer oaths on Thursday, May 20, 2010 at 10:00 a.m. at the offices ofHoagland, Longo, Moran, Dunst & Doukas, New Brunswick,
NewJersey, with respect to all matters relevant to the subject matter involved in these actions, at
which time and place you will please produce the following person whose testimony is to be
. taken:
That representative of Fisher Scientific Company LLC with the most knowledge
concerning Fisher Scientific's manufacture, sale and supply of asbestos-containing
products.
COHEN, PLACITELLA & ROTH, P.C. Attorneys for Plaintiffs .~ By: (~ GONEN HAKLAY
Dated: May 10, 2010 COHEN. PLACITELLA & ROTH, P.C. Gonen Haklay, Esquire Identification No.: 76446 [email protected] Two Commerce Square 2001 Market Street Suite 2900 Philadelphia, PA 19103 (215) 567-3500
COURT OF COMMON PLEAS ROBERT BLACKBURN, JR., PHILADELPHIA COUNTY, PA
Plaintiff, ASBESTOS CASE
vs. JURY TRIAL DEMANDED
TERM, MARCH 2010 ASBESTOS CORPORATION LIMITED, et al., NO. 02699 Defendants.
TO; Marc S. Gaffrey, Esq, Hoagland, Longo, Moran, Dunst & Doukas 40 Paterson Street, P.O. Box 480 New Brunswick, NJ 08903 Attorney for Defendant: Fisher Scientific Company LLC
PLEASE TAKE NOTICE, that in coordinati Scientific, Inc., Superior Court a/New Jersey, Middlesex County, Docket No.: 007567-09 and Raymond Feldner v. American Premier Underwriters, Inc., et al., Superior Cow·t o/New Jersey, Middlesex County, Docket NO.: 001052-10, Plaintiffs hereby give cross-notice in accordance with the Pennsylvania Rules of Civil Procedure, videotaped testimony Will be taken by deposition upon oral examination before a person authorized by the laws of the State of New Jersey to administer oaths on Thursday, May 20, 2010 at 10:00 a.m. at the offices ofHoagland, Longo, Moran, Dunst & Doukas, New Brunswick, New Jersey, with respect to all matters relevant to the subject matter involved in these actions, at which time and place you will please produce the following person whose testimony is to be taken: That representative of Fisher Scientific Company, LLC with most knowledge of Fisher Scientific's historical knowledge of the dangers of asbestos and what steps Fisher Scientific took to protect people working with or aronnd Fisher Scientific asbestos containing products. COHEN, PLACITELLA & ROTH, P.C. Attorneys for Plaintiffs By: ~iJ¥- GONEN HAKLAY Dated: May 10,2010 COHEN. PLACITELLA & ROTH, P.C. .GonenHaklay, Esquire Identification No.: 76446 [email protected] Two Commerce Square 2001 Market Street Suite 2900 Philadelphia, PA 19103 (215) 567-3500 COURT OF COMMON PLEAS ROBERT BLACKBURN, JR., PHILADELPHIA COUNTY, PA Plaintiff, ASBESTOS CASE vs. JURy TRIAL DEMANDED TERM, MARCH 2010 ASBESTOS CORPORATION LIMITED, et aI., NO. 02699 Defendants. TO: Marc S. Gamey, Esq. Hoagland, Longo, Moran, Dunst & Doukas 40 Paterson Street, P.O. Box 480 New Brunswick, NJ 08903 Attorney for Defendant: Fisher Scientific Company, LLC PLEASE TAKE NOTICE, that in coordination with Andrew Zakanych v. Thermo Fisher Scientific, Inc., Superior Court ofNew Jersey, Middlesex County, Docket No.: 007567-09 and Raymond Feldner v. American Premier Underwriters, Inc., et 01., Superior Court ofNew Jersey, Middlesex County, Docket No.: 001052-10, Plaintiffs hereby give cross-notice in accordance with the Pennsylvania Ru1es of Civil Procedure, videotaped testimony will be taken by deposition upon oral examination before a person authorized by the laws of the State of New Jersey to administer oaths on Thursday, May 20, 2010 at 10:00 a.m. at the offices ofHoagland, Longo, Moran, Dunst & Doukas, New Brunswick, New Jersey, with respect to all matters relevant to the subject matter involved in these actions, at which time and place you will please produce, the following person whose testimony is to be taken: That representative of Fisher Scientific Company LLC with the most knowledge concerning Fisher Scientific's manufacture, sale and supply of asbestos-containing products. COHEN, PLACITELLA & ROTH, P.C. Attorneys for Plaintiffs BY:~~ GONENHAKLAY Dated: May 10,2010 Page 1 of 1 Michael McMahon From: Marc Gaffrey [[email protected]] Sent: Sunday, May 16, 2010 9:04 AM To: Michael McMahon Cc: Gonen HakJay; '[email protected]'; '[email protected]';'[email protected]' Subject: Re: ZakanychlFeldnerlBlackburn v. Fisher ScienliflC I apprceiate it i\1ichael McMahon \\Tote: Marc, please let me discuss all with Chris to~orrow. I'll let you know ASAP. This email was sent from a nobile device. Please pardon any spelling or gr~atical errors. U1t'ORTANl' CONFIDENTIALITY NOTICE PRIVILEGED ATTORNEY/CLIENT COl{X{}I1ICATION' AND/OR ATTORNEY WORK PRODUCT. This message and attachments may contain priv.ileged and confiden ----- Original Message ----- Fron: Hare Gaffrey We did discuss oid-June, but these were the dates that were available to both our National Trial Counsel and Bob Forte. As I explained, Mr. Forte's schedule is difficult since he is retiring soon and attempting to begin Fisher operations in Dubai. I will go back a9ain, but are the dates I provided you totally out of the question, I would also need the time to file a formal Pro Hac Vice Motion should Chris refuse to provide consent. Marc Michael McMahon wrote: Marc: TO he clear, you indicated you'd be able to produce Mr. Forte ~nid-JUne~, which I indicated would be satisfactory. As you are awa Please provide alternative dates for Mr. Forte's deposition in Bid-June. Thanks Marc, l.f1ke This email was sent fran a mobile device. Please pardon any spelling or gr~tical errors. IMPORTANT CONFIDENTIAI,l'l'Y NOTICE PRIVILEGED ATTORNEY/CLIENT COIrnUNICATION AND/OR ATTORNEY WORK PRODUCT. This message and attachments nay contain privileged and can ----- Original Message ----- Frau: Hare GaffreY ':::F,gaf.tL",yOhoagJ.,}!l\nOn'J()...(~\)""'> To: IHchael McMahon; Zakanych Jr, Andre-... (NJ) vs. Fisher scientific [5686968 - HSG] Mike, We are able to produce the appropriate Fisher Scientific representative for deposition at our office on June 30, July 1 or July 2. Please let ne know if any of those dates \-;'ork for you. As we discussed, you will consent to a limited Pro Hac Vice admission for our National Defense Counsel to appear with syself at the deposition. Harc ~larc S. Gaffrey Hoagland, Longo, Moran, Dunst & Doukas, LLC, Attorneys at Law PO Box 480 40 Paterson street New Brunswick, NJ 08903 P-'I32-545-4717 £-732-545-4579 Email- c.qafJ:r"yGh()."gJ..,ILrJJ.C')l(!O cO:J 11111/2010 1 /19/2604 14: 59 . 412~,9~8_8~~ ~ "1" .. ~. ~,"f,I,.,\,.~,I.~,.;;,~,~ '/"i~fl\~\@\\,t;~~J:~,;,~~\'~{ ~~?~.:~ ~.M.~%~~~~~~~~~~~·l~~~lf.·"~~r.~r~lif~~l;~:~-:::i' ~f!{~;~':'~:~' ~.>., ~~: .~~: :b~: 'h.: :" f'.:"l\" :'; ',,: ~~ .l~-~'.: .j~. '(.- .. ". • 1" ,., ., . PLAINTIFF'S EXHIBIT ~. 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'. .... ,.. ;'.i FISHER SCIENTIFIC· CO NEW products"'-3023 added! NEW conveniant grouping by related products HEW condensed style saves .-! you time NEW quick.reference charts to compare products HEW catalog num er index NEW manufactur s' I number index ' ., NEW chemical cataiD now 'Deluded 1 NEW Ir. ndex page ' 74 apparatus, supplies &chemicals forindustrial, clinical,college & government labomtorie$ . "r' ".-" Excellent performance:; Temperature control dQlf tings from 40'" to 250"0," desired temperature and tro' after temperature dfcat&d by cycling of No need 10 correlate dial"" thermometer IndIcationS: respond to less than W change, Umillng over . Ing efficient opera(io~ temperature controldaf pilot lamp. Thermomel . parature.s from 40" to Increments. ' Oual thermostatic guards against QV6rhe' damage oven conlents: Slat automatically tracks! mostsl setting at h1ghef and regulates system ff . stat malfunctions. Red diestes oven Is Opel'S gency control. Theoo models aVailablG. low). Each model loci c. thormometer and 2 sh shalflor Model 175, 13·2 Model 301, 1~244~1 501. i ! ~,".' : : Specifications Gravity Convection Airflow Temp&rature rang& 40" 10250'"0 1RelaUve to lrvq temperature. Acouracyt ±5.O"G ~Average devlatkm from average tem- , ~rature based upon measuring points Reproducibility ±5.O"C at geometric ~nter and each .comer , with ovens at 200"C. Resolution 2.5·0 3000ropen 1mitlwlthovens at2OO"C. III Control sensitivity .<±O.5~C 1 1 r'llr! 10 < ·Plus door overhang of 2". UnffOtmlty2 <±5.crC lrriLJ8 < Recovery) <25 min i r r r < Voltage 120V 60Hz r 1: Model Oapac. OutsIde InsIde Amps Cat. No. Eo. No, ~Wx'" WxDxH 17& 19><26><23\',,' 12><16x16" 7.0 13-244-176 4a3.00 DependIng on chamber sLze. 2, 4, or 5 19 301 19X32x23~ 16x16X16 10.0 13-244-301 507.00 afr Inlet ports are posltlon&d underneath 21: 501 21X38X27¥.! . 24x18X20 13.0 13-244-601 555.00 cabinet 10 assure adequate ventilation. Air from these ports pas$99 directly up lhrough horizontally-mounted, closely· spaced heaters Into chamber. Buoy- 330 Freas Ovens, Made to Last When you see the Freas nameplate, 4. Rugged construction. Heavy rest assured It's a quality oven. Finest gauge steel finished In 2 tone gray materials and performance. Longest baked enamel. An stainless steel Ihter life. They reall.ue: lor. 2 adjustable ricksl plated sleel shelves, 3Vz" glass wool insulation on f. "Black heel" heaters. Elements all 6 sides. ~" asbestos heat barrier never exceed 50"0 above oven opera under outer shell. ling temperaturo. Ellmlr\ates burn-out. Maximum temperature, 350"0. Guar anleed uniformity of ±1.1OC at 2003 0. 2. Electronic controller. Solid state Thermostat senslUvity of :to.$~C. For unit No moving parts to wear out. 12012081240V 60Hz. In 3 table e.nd 1 floor models, An 3. Balanl:ed turbo-blower. Blower models with door. and 'I, HP motor staUcaJly and dynam Ically balanced as unR. Smooth opera· 110" assures longevity. Tabla models Preelslon Interior Exterior Shp. Cal. No, Ea. No. OxWxH LxWxH WI. 31056 14x13 24X39 2521b 13·248A 1045.00 x13~ ><25" 31058 19x19 29x.45 285 13·248B 1450.00 x19 >;31 Thermometers. 13·280 and 13-281 Neon Pilot Lamp. Fits 31060 19x27 29x64 eoo 13-248C 1850.00 are for otder Freas ovens whlle 13-253 Thalco and Preclslon x25 x37 is for new types. Calibrated In 1°0 or DC. 1 watt. divlslons. 13-272 ...... "...."...... " Floor model Precision Interior Exterior Shp. Cat. No. Ea. Range Length Cat. No. No. DxWxH lxWxH WI. 01020000 24" 13·280 31232 14x19 23x29 325 Ib 1$.25D-SA 1250.00 010300 .4 13·281 xl' x8. oto 350 18 13-283 Vacuum Ovens Offer Heat Up to 200°C Plus Vacuums to 30" Hg ..; .. :t-!F..•• .. ')'.:" :...... c;. [AI.5 to 1.5 cu fl. models. l§l.25 cu " model. Preclt . Maximum rated temperature, 200"0. Maximum 1emperature, 1 Uniformity, ±3.~ at 100Q C. With· uum to 30"Hg. UnlfOl"rrdly '.; .,. stand preslmres to 2 psig and vacuum Sensitivity, ±0.1°0 at '. '~." to 30" Hg. Vacuum Joss less than '1"1 is """ ':- . Joss Jess than 2"'/hr. 24 hrs. Hl1avy gauge steel. Incorporate thermostats that operate &nameJ finish. 250-watt In series. II prime thermoslat fails, heater controlled by blme back-up thermostat takes over. tionlng type thermostat.' Heating elements operate at non· aluminum work chamber. f. Incandescent (blaclt heat) lempara- lnsulatlon. tura. Practleally eliminates element Exterior: 18lx11Wx11 burn-oul. 8diaxS'O. Capac., 0,25 Charcoal gray. black and terracolta space, 10a sq. In. Wrth finIsh. With vacuum gauge, dial ther· cock for vacuum con mometer and Teflon' ssated vacuum gauge, thermometer, and valves. 13·264A has 'htt thick Pyrex" shelves. 120V fiOHz, 25& brand window and stainless sleel WI. 25 lb. chamber. 13·2648 has solid door and 13·264·25 ",,,, u/ castall,lmlnum chamber. For 120V SOl 60Hz. In 2 sizes. <' PrecIsIon Capac. Interior Exterior No. DxWltH lxWx H .•. ;. "';.'~"'-' 314M .5 eu It 12x8xS' 18<14>21" '\'~t"" 31566 1.5 171hx12x12 25x19x27 ..•.. 334 at. No. .. ..26x27X30·.·: "::~~~~"";,, £;100 12x12x12 17x.1.7X22~· 12\lV' 40 . ).~ " ':. 13x14~~~ .... :jiov; ..... ' . ";'. sensitivity, PrecIsion Interior Exterior No.of Shp. Cat. No. Ea. No. OxWxH lx WxH Doors WI. 31470 10Y.!x10x12" 13xt1x19" 1 31lb 13·256A 175.00 31472 10V2x17Y2x14 13x19x21 2 46 13·2568 225.00 Utility Oven. %- thick transite walls within steel housing, Gray enamel. Maximum temperature, +20 "xH Blue M Interior Exterior Voltmr Shp. Cat. No. Ea. No. OxWxH LxWxH 50{60 z WI. (21" 79.00 <27 SW·11TA 11"'hX10'hx10" 14xl2x1 T' 120V -401b 13·258-3DA SW·17TA 11"'hx16'hx16 14x16x23 120V 70 13·266-300 115.00 SW·17TC 11Y2l<16lhx16 14x18)(23 240V 70 13--258-300 122.00 335 low:Cost Ovens for Drying and Sterilizing 00 Gravity convection tylXl. Heavy gauge steel. Gray-green enamel finish. Temp. Capac. Interior Exterior Voltage Watts Shp. Asbestos Insulation, thermostatic con- Max, DxWxH LxWxO 60Hx WI. tro!, 2 nJekel plated adJuslable shelves, adjuslabla aIr vents and thermometer. 2000c .7 cuft 10xl2x10" 10¥~x12~x15W 12QV 800 281b In 6 models. 200 .7 10x12x10 10%x12~x15¥.z 240 800 28 270 1.28 13x13x1$ 15x14M!x20% 120 1000 50 270 1.28 13)(13x13 15x14lhx20!f2 240 1000 50 200 2.0 12X18x16 t 2¥4l(18%x21V2 120 2000 49 200 2.0 12)(18x16 12¥~x18%x211h 240 2000 49 [§] Mechanical convection type. Heavy gauge steel with gray enamel Temp. Rating Cat. No. Ea. finish. Aiteell asbestos lining. Adjustable Max. lemperalure COlltroi. 4 shelves, Adjust· abfe vents and blower. Interlor: 240x 225~F 28Wx2O"H. Exterior. 25lx30Wx24"'H. looQw 13-261·30 303.00 Capac" 8 ell ft, 120V 60Hz. Shp. wt., 325 2000 13-261-32 318.00 118 lb. or '<~:~};;':"~#~h:'$~~~e' Portable Steam Sterilizer Holds 21 qlS. Welghs only 29 Ibs. AlumInum a1loy chamber, Id with pres sure gauge, Inlagrallmmersfon heater and safety vaNe, 1101120V'50f6OHz.. 140461-5 " 129.00 $terinzer without heater. Same as 14-481-5 butwithout Immersion heater. Usa on electric hot-plate or gas burner. 14-482-5.,',.. , 52.50 Air Sterilizers eat. No. Ea, Provide Positive Germ Control 1-801B 592.00' 1-80MB 592.00 "." GraVity convection dry heal unlts. Replacement healing units. For Steel with 1" Insulation. Max. tern. 14-485A and B sleriBzers. peraNres 400"F. With 2 shillves and 140485-5. '" ,"' ,,", 7,00 mercury thermometer. 14·485A has 1 door; 14·4858 has 2. Intartor ElCterior Voila Shp. WI. Cat. No. &. DxWxH LxWxH 14X24x14~ 19x28X2S' 115 95 14-485A 198,00 18X30X24 23X34x35 11smo 165 14-.4858 306.00 Bacti-Cinerator Sterilizer Sharwood Bactl·ClneratOr sterlHzes :~~~;,...8'65;OO' needles, loops and culture tube mouths _,,-9 In 5 to7 sec. Eliminates mbo-organlsm :-at. No. spatt9flng aSSociated with flame ster .>e;.IOdtlcal lllzallon, ·.I~W'14"H Ceramic runnel·tube enclosed In "488 lforbf'l1S$ stelnless steel perforatGd guard and 4-468-8 . . ,nmEJ: cast aluminum support stand. 11SV 4-468-8 e gauge . 60Hz. 4-48&-10 on tap 14-489 ..···..· 56.00 4-469-5 . Is and 4-469-10. "85 lb. : Repls¢8ment hostel' and element...... 85O.OQ For 14-489• 14-489-2, ,, 21.40 Color Change Indicators Show Completion of Sterilization Duo-strip ethYlene oxide sensitized 0(1 one end and steam sterilizatiOn s~sitized on olher, Strips approx. 7LxW'W. 14-489-1o, ", ""."." ,," ..Box of 250 strlps/5.75 Case of 60 Boxl257.50 339 a Fluoroglide™ TFE Protective Aerosol Lubricants Asbestos Products ;-"'., . 'j ·1 .1 Aim bonding grade. Auorocarbon dry sprayer head, reservoir jar. rum lubricant and antl-stk:li: agent. Filllar with fiquid to be sprayed. attach Excellent for tapered glass joints, stop. sprayer head, press valve. Freon aerosol converts liquid inlo fine spray, cocks, microscope tracks, clamps, A.bestos mats protect work SUf Forflfterlngwhere Todean, solvent Inres6r'Vofrlar and f8J stlrretbearings, bolls and sUds rules. put faces against heat and acids. '4~ thick. tlcat. Excelfent for use Fluorogllde incorporates chemlcal spray few short bursts. Approved by OSHA, clbles for filtering Goeh Ideal for preparation of chromato properties of TEFLON5 10 form almost barium sulfate, silver'· graphic plates. paints, frlcllonless film on wood, metal. grass. Also sprays rust dlmethyiglyoXlmG. rubber and leather, Will produce as low inhibitors, cuttlllg oils. disinfectants. LxW Cat, No. Pk. or as 0.07 coefficient of friction. Aelah1s 15.233 , 3.95 long tiber asbestos, remove a1kaUes and lubricant properties from -400" 10 4x 4'" 1-441A 241 2,75 with distilled waler, +~. Non-flammable. non-greasy, 6x 6 1441C 24/ 6.30 Replaeementaerosol PowerPak. FOr rGmove organio male colorless, odorIes~ drlpfess and chaml 12x12 1·4410 24113.20 uSe wllh 16-233, A·190 ~ cally inert. Repellent to waler. 011 and 15-233-5., 1.65 EaJ 1 dirt. Contains special non·loxlc bond Case of 121t8.00 ing agan! to increase bond between Acid washed only. S· film and sprayed surface. In aerosol' Replacement lar with cap. For use lID Asbestos LabIWrap cloth tape. Acid washed blrt not 19 cans with separate extension type wilh 15·233. Insulates dlstllla!lon columns and other A.181 Y4 nozzle. 15·23$-10 " Pk. of 12/3.00 hard-to-insulate apparatus. Woven of 1 purifl~ asbeslos. 1/32.... thick in 100' Size Cat. No. Ea.. Case of rolls_ Use asbestos paper to Also useful for insulallon. ' 60z 12-00sA 1,65 12/18.60 Width Cat. No. Roll wide. Approx. o/4lblyd2. _ 16 12-()()8B 3.30 12/37.20 1·470." 50· 1-473A 9.90 Asbestos cemenL For Chemically pure grade. Similar to 2" 1-4736 16.50 12.()OaA and B but without bonding oratory furnaces and 0 agent Contains only pure fluorocarbon materiafs. Or use as dJSpersJon. In aerosol cans with sepa ing for couoler·sunk rale extension type nOlzle. tab/e tops, sink boards. Fire and acld·proof. Asbestos wrap·around cord. For ap easy applIcation. 151b eat\, Size Cal. No. Ea. Case of paratus handles. suspending cfucibles 1-45"O ~. andrelorts. 'h"dlatwllleof1Ibspools. 1~455B , Pk. 01210/7.25 Soz 12·00a·2A 1.65 12118.60 Antl·slatlc aerosol spray. Neutralizes See pg, 675 for asbGStO$. 16 12·008-2B 3.30 12137.20 static chafges from melee faces, TGA See pg. 653 for asbe .' hangdown tubes and objects that at wire gauze. . VerutUe aerosol sprayer. Spra-Tool traetalrbomedust.150zaerosotcan. Asbestos clolh InsUlates surfaces See pg. 674 fOr BsbestO$ handles any liquid that can be thinned. 14-432-100 ." _ EaJ 3.50 agatnst fire and aald. 4O'Wx5ydL gloves. .. ~ Consists of 130;;: pressurized can, Case 01 12/32.40 1·474 ....•...... •...... Pi<./40.00 Battery hydrometer. M Batteries and Accessories coocentralion ot battery battery charge. Glasscyli i61Alkellne batteries outfast drycells. ber bulb at one end, Highly recommended for heavy current other, and graduated loads. long shelf life, cylInder. nw. To tesl batlery c-harge. sollrtlon Inlo cylJrtder. ~ Size Approx. Rating Cal No; Ea. Pk. of case of OI•• H proportion to acid co . mAlhr Charge Is determined by . color determinations, F o 10,000 2-432 1.00 12/10.80 baltery readJng Is yellow; _ AA 1,800 2-430 41 .2.40 24/12.96 readlng Is red. 'i Porous clay bllttery cup. Coor8 2-500 •...... •....·: Hell\'y dUly general purpose dry Alligator battery conne(ltor. Con· (70001). Used in gaivanlc batlerlas cell. Rated at 200 hr life at 200mA s!nJ¢led of ~dium-plated steel. Jaws such as Danlelf celf for dialyzing ceHs initial drain_ 1VoN. 2%Lx2%Wx4~H. op'en ·to '5/1ft and have flne meshing and for electrolysis experiments. 25 Screw terminals. teeth. Connector has smaO lip for sol ODx7SmmH. ~See fndex prefaC6 tot q. 2_425 " Ea.l 1.59 derlng and screw connection. 2" long. 2-535A ,Ea.( 1.26 count prices. . Case of 12/17.Hi 2-513-010 Box of 10/1.20 Case of 24/28.43~ 372 :Iters Remove Submicron ~rs. IS by Pressure,Vacuum or Gravity ~~" rID 2OO0ml pressure fillet. StmKar to @Easy-to-aterlllze'fitted dIsc tllter. If} Perforated ditc supports filtering 9·737 except for (1) higher capacity, Pyrex brand (33990). Grouod Joint mass In 60" funnels. COO,. (4320$0 (2) Pressure gauge, (3) support stand. connection eflmlnates hard to sledi18 42306~ TOp gla o o 387 Moisture Absorbents 10 Magnesium percfllorate remOVes moistureIn combustion frafns. Anhy. drous dehydrallng a90m absorbs up to 5Q Cat. No. PrIce 7·S73A Ill>' 6.00 7-573B 5 Lb/28.2S RUbber washers for tube 7-513.20·.. """ ,,,Pk. of 24/3.65 [OJ Activated alumina Ibtoros 20% of Its weight In HzO. Recommended Cap for USe in purifying end of carbOn COm. VVith ptasuc top, steel rim, plastic buslion train, sInce it has partlafly se. retainer nut, lective absorption for COt. WeIr suited 7.5t3.15·..""··".." ,,, ,,6.25 for use in OOslccators. Can be reaet. Ivated and reused. 8--14 mesh. Devel. Cap gasket oped by Research Laboraloties of the 7-5t$.30 "" Eaj1.05 Aluminum Company of Amerk:a. Sup ~~ ,. EaJ1,55 pUed In bottles. .-, Pk. of 617.50 Pk. of 1218.30 A·541 , LbI3.S2 SLb/15.17 25 Lbl49.25 Indicating activated alumina chan. ges color 8$ It absorbs moisture. Turns pink when mofst, IndicatIng Mad for recharging Or reactivation. When satlU'aUon is complete, alumina be. Atcarite~ has 20- comes white. •: capacity. Rapid, Ideal In tOWel'S for drying elr, In deslc• ". in iron and steel cators, balances. and other closed ap ·llons. Also for carbon pliances which should be kept free from I. "'hallons In respiratory moIsture. 8·14 mesh. Supplied in bot. .' phase chroma tles. )7 , dioxrda absorption. A-545··..···..· , 1 lb/4.67 ,. 'Of Ascarite gradually 5- LbI20.35 13 bwhileduefosodivm h. Thlsdlfferentiates d enables user to lb sholJld be refilled. (E] Oflerlte\!! absOrbs 10-f4% of Its :any absorptfoo bulb weighl in H2O When dryfng gases. With sofid absorbent. No danger of shrinking or channellng. I. bottles. Stable, constant in vofume, Insoluble "'. In organic Kquids, non·poisonous, non. )0 corrosive, repeatedly regEmeraflve. Ea. Case of ,0)5 SUpplied in bottles. 7.30 12/83.26 Mesh Cat. No, Price Case of 7.30 12183.28 4 7-S77·1A 1 lbl1.40 12/16.00 4 7·Sn.1B 5 Lb/5.85 4/21.00 ehas35%ebsOrp 6 7-5TT-2A 1 lb/1.40 12/15.00 • Porous, granUlar 6 7·Sn·2B S Lb/S.85 4/21.00 lr hydrale. Non-de. 8 7·sn--3A 1 lb/1,40 12/15.00 ,,-:'1'Iot heat up exces. 01 mOIst gas is 8 7·577-3B 5lb/5.85 4/21.00 Contains 2% mols. 10·20 7·Sn-4A 1 Ll>'1.40 12/15.00 ld be used In 10·20 7·Sn-4B 5 Lb/S.85 4/21.00 mesh recommend• . purposes. tn 5 b [fJ Indicating Orlerlfe turns red When moist. Can be regenerated 10 its origl. Ea. Case of nal bl~ color. 9.35 4131.20 Mesh Cat. No. Price Ca$8 of 9.35 4/31.20 :) 6 7·S7ll-3A lLl>' 2.75 12130,00 a 7-578-38 5 Lb/13.50 4149.00 10·207-578-4A 1 Lb/ 2.75 12130.00 '0·20 7-6184B 5 lhl13.50 4/49.00 537 Non-rusting, hIgh lempenrlurv .,'bles On Triangles nIckel-chromium wire gauze with 0' stands /loti&!' flame than Iron gauze. Sq. Sz. Cit No. EL Pk. of 4)(4" ' ..5115A .75 613,30 5x5 15-5859 1.10 . 615.60 &6 15-585e 1.30 616,90 Pk,of10 5,00 5.00 6,00 -,·f Sq. Sz. Cat. No. Pk.of Pk.of12 4x4" 15-590A 12/a.15 4.66 5x5 1S.590B 1213.95 5.04 6x6 '''590C 12/4,56 5.52 Platinum gauze Ideal for high heat WOrk. Won't oxidize, resists chemical delerlofation, won't contaminate Ob. Jects befng heated. Pure platinum. care- fully WQven, 45 Mesh Sz. Cat. No. Ea.' i. 9,15 9,15 1x1" 13-76t·5A 19.50 9.70 1><2 13-761-58 33.50 2><2 13-761_50 61.40 52 Mesh Sz. Cat. No. Ea.' 1x1" 13-761-7A 8.65 1><2 13-761-18 12.25 ;,. 2x2 13-761-7C 22.50 , i: PerF•. 8.00 10,00 PlatInum Foil. Pure, unIform thickness. Thick- Sz. ClltNo. £0: n... .001" lxl" 1N6f·10A 3,90 .001 1><2 13-761·10B 7.90 .001 2x2 13-761.10C lM5 ,002 lxl 13-78t-12A 7.70 PI<. of .002 lX2 13-761-128 15,00 .002 2x2 13-761-120 30.10 12/2.40 .00' lxl 13-761.14A 11.85 12/2.70 .003 1X2 13-761·14B 12/3,00 23,70 .00' 2x2 13-761-14C 47.35 'Prices change acccrdlng to plalfnum marker, Muttlpfe-u.. bare copper wire. 1 b spOOls. "';j!L BAS Cat Eo. CaM ·····t4.25 . Gouge No. 0112 ~4.25 16 15-545-2A 3.50 37.60 , f~:25' 18 15-545-28 3.60 39.00 14.25 20 15-545-2C 3.65 39.60 14.25 22 15-545-20 3.70 40.20 24 15-545-2E 3.00 41.00 15.50 22.00, ' .. ' Iron wire for IIand8rdWng contafns 99.9% Iron. 01 •• Is 0.009". Spools. ~les !\ lb. EaJ4.78 Case of 6/28,56 1 1>. EaJ8.52 Case of 6/51.12 __Ivr 1440S.arles oIa_ 1~IOB 8.00 U.S. standard slews llle listedon page 76. 99.95% pure. c...... ully drawn platln- um wIre tor non-contamlnatfng Jnocu. lallng needles and loops. Can be used with 13-()90 and 13-093 Holders. BAS Dla. GIft eat. No,· Gauge '4 .064- 13.56 130765A '8 .051 8.613 13-765B 18 .040 5.297 13-765C 20 .032 :<39 13-765D Ohma!ft F"",,lb Cat No. Ea. Case of 22 .025 2.069 13-765E 24 .020 1.324- 13-785F .406 2'8 15-540-2A 4.50 18/72.00 .6$5 341 15-540-2B 4.50 16/74.70 28 .016 0.85 13-765G 130765H 1.017 545 15-540-2C 4.76 16/77.40 28 .012 0,66 1.6f 665 15-540-2D 4.50 16/72.00 30 .010 0.33 13-765J 2.57 1360 15-540-29 4.75 16/77.40 32 .006 0.212 13-765K 3S .005 0.083 f3-765L 'Prices accordingto plallnummwket. Make JnoculaUng needle. anef loops from thls nlckel-ehromlum alloy wire. A good substitute for platinum, wire re sists oxkfaflon and Is non-OOf'JOsfve at used its resFstanoo should be greater normal temperal1X6s. Can be used with than tf3 the wfce leslstance and Its 13-090and 13--093 Holders. Supplied In carrying capacHy should be grealer 24- coRso than the amperage used. 100' spooJs. \, Color Cal. No. Eo. Cue or a Slack 15-539A 10.00 54.00 B&S Gauge C.t.No. Pk. or 12 Cue of 72 Red 15-539B 11,00 59.40 Yelbw 15-5390 9.95 53.70 22 13-095A 2.75 14.70 , Green 15-5380 9.00 48.00 24 13-095B 2.75 14.70 Blue 15-539E 13.50 72.90 26 13-095C 2.75 14.70 671 Protect Hands from Burns, ...Caustics, and Contamination To handl. hot object.. Asbestos Asbestos mfttens with separate place Aluminum-coated .&beato. g~ves. Woven gloves of gloves, 11· long. Fully protect hands for thumb. Otherwise same as 11·392, Reflect over 90% of a/l radiant heat for v.Me cloth loops. havOc and wrists even when holding tongs In 11-392..5 PrJ5.00 extra pro!ectIon. pOWer but more fie fronl of hot furnaces. Places for thumb 12 PrJ10% dlscount 11·392·20 Pr)10.50 bestos. Wear on either and 4 fingers. Large $Ize. loose littlng. glove llfe.l.W96 size. - Flee~ Rnect Meets OSHA require' 110393 . ments. ·'2 11·392 Pr./6.50 12 PrJHPA> discount Natural rubber gloves are long wearing. Resist acids, caustics, and Dfspouble polyethylene gloves .so abrasion. Inner surface specIally fin ueehllIn a"b. They'rewaterprool,Re ished so gloves sfip on and off easilY. slst most chemfcals, dete(~n!s and Straight cuffs. 10% diSCOunt In lots of acid's. Inhlbit ba¢lerfal growth. Extra 12 pr. length cuffs. Prepowdered to sHp on and of( Etaslfy. Avalfable In medium WI Medium weIght ••. 11~L ••• non-snp (f~~ (1 mil) atld heavywt mll). 1oo/dis finish. penser box. S~e Cat.No. Pr. 7 11-394-1IA 1.75 8 11-394-6B 1.75 9 11-394-00 1.75 10 11·394·60 1.80 11 11-3B4-6E 1.80 Size WI. Cat.No. Box C88&of1ooo Extra heavy ... 14~ l •.. smooth finish Sm. Me Olspoaable Vinyl gloves have snug fit and unsurpassed ladUe ,sensitivity. Propowdered. Non-ste~. 25ldispans er box. Medium Weight •.• 11"L •• , smoolh finish. S~. Cat. No. Pro 9 11·3!l4-2OA 2.00 10 11-394-20B 2.50 11 110394-200 2.50 S~. Cat. No. Pk. of 100 C8seoHlOO Sm. 11-394-120,\ 5.90 32.40 Mad. 11-394-120B 6.90 32,40 L9. 11·394-1200 6.90 32.40 674 4124908717 nec 15 05 05:14p LEGAL DEPT u.s. DEP,IRT.\fE:\T OF LABOR OCct:PAl'IO~.U S.""'lt.... AS'I) ltr.'\L'lU .~I}MI;t;15fil'."""'ION RL<,lf)~.-\I. nrnCF.--st:n'l! IS~~() JHl MARKf:T ~TR,"T rllll..-\DI:r.rlll..... r;\ Blt)·1 January 23, 1976 Mr. John R. Reilly Corporate Safety Direccor Fisher Scientific Company 711 Forbes Avenue PLAINTifF'S tXfUBIT Pittsburgh, PA 15219 Dear Mr. Reilly, In your letter of December 3, 1975 you requested clarification of the Asbestos Standard, 1910.1001 with reference to the use of Laboratory products made of Asbestos. In your letter you state that you believe that such products are exempt from this standa;d because their use does not liberate airborne asbestos. The use of such products by customers is not addressed by this stanoard. This standard addresses workplaces where employees must handle such products" during storage, packaging, dispensing, and shipping. The release and extant of release of airborne fibers can only be decermined by moniroring. . " . If we can be of furthe~ assistance to you please feel free to contact us. Thank you for your interest in a safe end "healthy workplace. Since~ely yours, \~Ic....L_~~ DAVID H. RHONE Regional Administrator ;III EX~IIlIT >3 ~ ii! !Iv - -- -" . Arsina/Asbasto Measure arsenic in ppb fOr Industrial Simple Arsine Generator air pollution studies, petroleum refining A 3-part apparatus for making multiple arsenic determinations. Sample containing arsenic is placed in generator flask where it is converted to arsine gas. In scrubber, hydrogen suffide is removed from arsine gas with lead Impregnated glass wool, permitting sliver diethyktithiocarbamata , reagent in absQlber to form red complex wllh evolved arsine gas. Absor ~.rr,.·.'f bance of this complex Js proportional 10 arsenic concentration and is ..'·.,g, easily measured with colorimeter or spectrophotometer. ,;, ';.- :~.:-,. Samples can be prepared in interchangeable flasks and slipped one after another Into scrubber/absorber units. Salt and scx:ket join~ makes it easy to clean and recharge scrubber. Clear·Seal~ Joints do not require grease, eliminallng this source of contamination. OrderIng Information: Wilh Absorber Only. 125ml flask, scrubber, and ab- 1-405-10 10.50 sorber. Made of borosilicate glass. FISHERbrnnd·. Without Sliver Olethyldl\hlocarbamat•• 5-8858 clamp. Packed In foam 5-666 " ,,,,, ,, 59/8.40 as case lor protection In shipment and storage. (For clalTl'. see P 'FOt fa/get quantities, see Fisher ChemlC SCRlbber Only. 1-405-5 11.50 1000478 1-40!j.(i 1040$-10 Useful Asbestos Products Asbestos Mats Asbestos Cloth 59ml) wide Protect work surfaces against heat Insulates surfaces, proteots escapes to and acids. 3.2mm Ihlck. against fire and acld. 102cmWx ad acetate LxW Cat. No. Pk of 24 4.5mL. )e produces 1474 Pk/65.oo npared with 10x1OCm 1-441A 5.50 Jed In U.S. 15x15 1441C 8.50 Asbestos Fiber 3000 1-4410 17.50 Acid-washed, Ignited. For filter Ing where paper Is not ptactical. Excellent for use with Gooch cruo· ibles for tittering such precipitates Asbestos Cloth Tape 1-441 as barium sulfate. sUver chloride. 1·473A lablWrap. Insulates distillation nickel dlmethylglyoxlme. columns and other hard-to Medium fiber, acid-washed to Insulate apparatus. Woven of remove alkalies and chlorides. immx1Bcm. purified asbestos. a.amm thick In Rinsed with distilled water, dried f 516/12.00 30.5m rolls. Novale~. and Ignited to remove organic material. A-ISO ...... Ib (113g) bctUa/a.05 w Cllt. No. RoU v, 1 Ib (454g) 001110121.00 :tive 25mm 1-473A 21.50 Long nber, ecld-waShed. Similar ctive 51 14738 33.00 In9 to A·l90. Acid·washed but not ig nited. ) MB1 ...... V. Ib (1139) boUle/8.90 1·4558 1·474 Asbestos Cord 1 Ib (4549) OOHlel22.10 Is. Asbestos Paper .,de For wrapping apparatus handles, Other Asbestos Products suspending crucibles and retorts. For tittering acids. Also useful for 3.2mm dia twine on 1 Ib (454g) insulation. OAmm thick. 91cm CenMrU. OIaY". Mlttem,. Flnget Cote. Asbutoe ¢entered See p 133. See pp 1022·1023. See p 1023. Wire a.un. spools. Novatex. . wide. Approx O.4kglm'. See p ,1247. 1-455B Pk of 211>'17.25 1-470 ...... 50 Ib (22.7kg) ro11/35.oo Fisher ScIentific Company 11 Cements Laboratory Cements (~~ •... ·"901. ,~ ...~.. tow" " •• · t(fil{d ~nl'" CementiStikTW High-Pyseal Sauerelsen .•. Acid'prool cement ". Fix~iubber 10 glass or For electrical connections For hlgh-Iemp joinls Hard acid-proof CementlStlkrll For applicalions similar to (;.228 Used for ceramics, chIna. fuses, · metal but w~h 130"C mailing polnl. In· gauges. glass. oil burners. por Fo?"'Ung rubber or 0011< stop· adheres to most surfaces. Not at· soluble in water and acid. Soluble celain, receptacles, screw holes, · parS. Jubber tubing to glass or tacked by water, common acids. carbon disulfide, benzene, in benzene. benzene homotogs. sealing. switches. Fireproof. With metalsx>nnectionS. gasoRne, turpentine. Only mildly acetone, alcohol, esters, turpen stands temperatures to 945°C. . 311.40. · QUIck-d pyseal~ Duco'" Conap Easypoxy$ For alr-, watertight seals Wood, paper, cloth, Glass, metal, wood, rubber, Wol1 Platinum Boatfor Micro Combustion Meets ACS Specs. 16mmL. E. c... 700mg. Price acccrding to of1. platinum market. 20-086 48.00 5.20 55.80 5.30 57.26 6.75 62.10 7"''' C02 Absorbents Self·Indicating Has 20-30% absorpllve capacity, rapid, quantitative absorption In Ascarite® Iron and steel carbon determlna· tlons. Also for carbon-hydrogen determinations In respiratory gas analysis, vapor phase chromato· graphy, nitrogen dioxide absorp tion. In use, color of Ascarite 7.30 83.28 7.30 83.28 Wilson Soda Lime Has 35% absorption' for acid gases. Porous, granular sodium calcium hydrate. Non-dellques· cent. Does notheat up excessively when stream of moist gas is passed through it. Contains 2% moisture. 4·8 mesh should be used In oxygen tents; 8~14 mesh recommended for most other pur· poses. In 51b (2.3kg) bollies. Mnh c.l. No. Eo Cue of4 4-8 &200 16.75 49.20 8-14 8-201 14.25 40,80 p~$ for IBiger quantitIeS suppfied on reqve$t, 205 100ml PreS$ure Filter 2000ml Pressure Alter Vacuum or Gravity Filter Operates In vacuum or gravity mode. S1mUar \0 9-737 except for (1) higher Consists 01 open top, tiquid chamber, Consists of PI'6SSll'9 Inlet. l00ml capacity, (2) pressure gauge, (3) sup· plates that damp lilter disc firmly Inlo chamber. plates that damp Alter disc port stand. Wrthoutdise, Takes 9·739C position, and discharge tube, All silver· firmty Into posifun and dfsd1argEt tube. filter disc. plated bronze construction. WiU10ut All silver·p1ated txonze oonstruetlOn. 9-737-5 , .450.00 lise.Takes 9-739Afilterdscfor9-738A Without cisc. takas 9-739B filter dlso flftel' and 9-7a9B fOf 9-1388. Mst&d bEllow. 9-737 ,, 75.00 CaP8C Cat. No. 30m' 9-738" 52.85 100 9-7388 70,00 -~-:'J-- .. ; lUes for gas, assembly. 1 Jbbl. poinl rs. Type NEg lal, , , ...... 1 235, butwith 90mm ',Effective fillrallon .elilter size, 16mm 'ij-737 " 89mm. D-ring 9-737·5 0-'38 dla, 5,3mm, Wt OA--6, OA5,um, 1 a 80' of '.:.;.,,,....,...... 240,00 60171) 4~ Seltz Asbestos Discs 01. cat No. Box ot GA.8, O.2,um, 1 _ ...... SOXof, ement kit Forll-731. 9-131·5, and 9-138 flI· 35mm 9-73aA 100/ 7.35 6(305) k'eta, O.rll1gl-, lars. 60 9-7398 100/ 9.15 140 9-73aC 501 9.15 315 Microscopes Model BRB2M1L. You save still more with Hi·lntensity In·base iUuminatorwith 4·slep lIl;s model. It Is identical to Model BRB2Ml P, pushbutton Iransformar for 115V SO/60Hz; except that It has Balplan Optilume fixed· field Iris diaphragm; mp·jn 10% neutral intensity in-base illuminator with removable density filter; IIl1er hokler with day~ght blue 3·wire lIne cord and switch. . filter; and removable 3-wlre line cord with BL BRB2M1L 1452.00 switch. BL BST7N1H 2000.00 Model BRB3Z1H. Same as BRB2M1P, but has quadruple nosepiece with 4X, lOX, 4OX, Model BST8Z1H. Like ModelllST7NIH, and 1OOX planachromaUc obJeclives; apJana except thaI quintuplenosepiecehas4X, 10X. tic 3·element condenser with flip·in lens and 20X, 40X, and 100X (oil immersion) objec iris diaphragm; and Hi·lntenslty illuminator. tives. Substage condenser is 3-element BL BRB3Z1H 1722.00 aplanatic with flip-in auxlllary lens needed to fill fiekl wlth 4X objective. BL BST8Z1H 1942.00 Model CRTPJ1 H. Phaseconlrastmodel with For Cytology following components: "C"·shaped stand with right-hand un· These two Balpan bright·fiakl mlcrosoopes graduated mechanical stage and rack·and· d are Ideal for viewing structure. function, and pinion substage. formation of cells. Long-working distance T rioeular head with non-focusing camera , tube. 10X objective provides 10mm of working distance for teehnlclan to mark sIdes. Quintuple nosepiece with 4X bright-field and lOX, 20X, 40X, and looX(all immersion) Modal BRB9Z1H. Bright·fiekl mlc/Osoope phase contrast objectives. illuminator with 4-step with following components: TurreHype phase condenserwith short and '"""er for 115V SO/60Hz; "C"·shaped stand with right-hand un· medium working distance elements, f~p-in '. 'for Koehler illumInation; graduated stage and rack-and-pinion sub auxiUary lens, and focusable Bertrand lens. density IIKer; filler hokler stage. Pair of lOX wide-field eyepieces with fi.er; and removable a-wire W binocular head. eyeguards, ·lidl. Quadruple nosepiece with 4X, 10X l.w.d" Hi-Intensity in-base illuminator with 4·step :...... •...... •....•1966.00 40X, 100X planachromatlc objectives. pushbutton transformer for 115V 5O/60Hz; *' 3-eJemenl aplanatic condenser with fUp-ln field iris diaphragm; lOp-in 10"10 neulral ·jP. Brlght·llekl mic/Osoope lens and kls diaphragm. density filter; filter holder with daylight blue :1JilS Balplan "C"-shaped Pair of 10X, wide~field eyepieces with filler; and removable 3-wire line cord with '~andungraduated stage and eyeguards, switch. 'substage, Hi-Intensity in-base illuminator with 4-st:ep BL CRTPJl H 2685.oo ad. pushbutton transformer for 115V SO/60Hz; . wi1h lOX, 4OX, and 100X field iris diaphragm; flip-in 10% neutral Ianachromatic objectives. density filter; fitter holder with daylight blue atlc condenser with irIs filter; and removable 3·wire line cord with switch. BL BRB9Z1H 1766.00 l1": gptilvme In-base illuminator Model BRB9Z1P. Same as BRB9Z1H but For Asbestos Counting "O$former for llSV SO/60Hz; with Professional Optilume l1luminator, > • daylight blue filter; and BL BRB9Z1 P 1643.oo This phase contrast microscope Is a useful ~e ;ne cord with switch. too! for monitoring air pollution (according to .,." 1516.00 OSHA requirements) in plants using asbes tos products. lis wlde·field lOX eyepieces 011"(' Lower-priced bright-field with portion reticle facllilate counting asbes· :same as Model BRB2Ml P, tos particles on air sampling flIters. ~ Abbe condenser and For Research In·base illuminator without Model CRBLB3H, Phase contrast model Recommended bright-field models have with following components: .:::" 1452.00 graduated stage, so you can record location "C"-shaped stage with right-hand un· of details of special interest, and return to graduated mechanical stage and rack·and them Immediately. pinion substage. 30~ binocular head, Model BST7Nl H. Has following compo QUadruple nosepiece with 4X bright-lield, nents: 10X bright-field, 40X phase contrast, and "C"~shaped g(ad~ stand with right-hand 100X bright-field objectives. uated mechanIcal stage and rack-and.pinion Long working distance condenser with ,. going to be used for substage. focusing telescope and green flKer. u do not need low-power Triocular head with non-focusing camera Pair of lOXwide-field. eyepieces with portion tube. • ¥ nlensity Illuminator. You can reticle and eyeguards. ." va with these recommended Quintuple nosepiece with 2.5X, 10X, 2OX. Hi-Intensity in-base illuminator with 4-step 40X, and l00X (oilimm6rsionj planachroma· pushbullon transfOrmetfor 115V 50160Hz; f: tic objectives, J~. field lrls diaphragm; flip-in 10%" neutral Brighi-IIekl mlcrosoope 4-e!ement aplanalk: condenser with flip-out density IIl1er; IIKer hokIer with daylight blue .ed for hematology (s.. hemispheric lens. . filter; and removable 3-wlre line cord with :' r"For HematOlogy"). Patr of lOX wide·llekl eyepieces with aw~ch. ~:..• 1516.oo eyeguards. BL CRBLB3H 2072.00 'l,i1Ufic Company 783 ~{. Safely Equipment Asbestos Gloves Woven Fabric Gloves To handle hot objects, Asbeslos Woven heavy brown and white cloth loops. have high inSUlating gloves. 28cm long. Fully prolecl power but more f1exibiHty than as~ hands and wrists even when hold w Ing longs In front of hot fumaces, bastos, Wear on either hand to lnw Places for thumb and 4 fingers. crease glove life. Large size. 28cm large aile, Loose fining, Fleece long, lined. Meet OSHA requirements. 11-393""""""."""",,,,,,,,,,Pr/5,85 12 pr{10'''10 discount 11-392 "".""""""""""""Pr/12,75 12 prt10% discount Natural Rubber Gloves long-wearIng. Reslsl aclds. caus tics, and abrasion. Inner surface speclelly finlshad so gloves sKp on and off easily. Straight cuffs. loo/a. Asbestos Mittens discount In lots 0112 pro With separate place for thumb. OthelWlse same as 11-392. Medium welghl. 33cmL, Non·sllp 11.392-5""""""""."".""Pr/10,OO finish. 6 pr/l00/0 discount sa. cat. No. Pr 7 11-394-6A 2,25 8 11-394-68 2.25 9 11-3.....C 2.25 10 11-394-60 2,65 11 11-3.....e 2,65 110392-5 p I, 1. I. "1. Asbestos Finger Cots Medium weight 28emL. Smooth finish. Rolled cuff. I. Protect fingers. If gloves are too 1, p, bulky for the job. Just slip on finger alz. eat. No. I cots. 9 11~394-20A 3,75 Heavy Asbeslos 10 11-394-209 4.50 11 11-394-200 4,50 type Cat. No. Pk of 12 Finger 6,00 Thumb 6,00 Extra heavy. 36cmL. $moolh No. Aluminum-Coated finish. Wrist gauntlets. Asbestos Gloves 1:"'13A Size eat. No. Pr 149-1-139 Reflect over90%01 all radiant heat ]~84-13C for extra protection. 11 11-394-309 7,00 114M-23A 11-392-20""".".""."."""Pr/16,OO . -394-238 . J~84-23C 1'-392-20 1022 ,".., Wire .... ' jrigwaX Classic Wheatstone Bridge ~.> oS. AlSO for sealing pack For classroom or lab ·municatlons, and various , . WI, 454g. Teachers can use this bridge DC power wound resistors on ceramic spools, accurate ~;:, wilh. Box of 4 stlcksl2.40 to ±O.05%, rated at 1(4 watt. ;<-.' source (up to i0V). galvanometer as null in dlcator, to demonstrate principles of Wheat stone bridge. Serves as 4-dial resistance box giving accurate reslstances from 1 ohm to O,derlng Infonnatlon: Un" Is 17Lx28Wx 11,110 ohms. 12cmH, has binding posts fo' battery, gal' Four decade switches with concealed con vanometer, resistance to be measured; tacts "dlar' resistance, Ratio switch has set~ pushbutton keys In poWer and galvsnornster lings of 0.001, 0.Q1, 0.1, I, 10, 100, and clrcuhs. WI, 2.7kg. ' 1000X switch readings. Non-inductive Wire-- 9-340 ..425.00 "~Icapaclty,lowmeitlng polnt, POd high smoke point Desir '.'. organic distillations. con~ ce, baths, and thermometer (-,- :~:FnC. Does not smoke ap. ~, Wonl flash until 325°C. . C.Used safely as high as ~Ii1l where paralfin becomes , I solldifled cake can be read ," bath and put away for laler ,.., ,...... <:-:'t·.'~::·~-:~t-. . •:: .r..T:~.f.: ",:; ··"j~?·~ti(,~: , '. :~;.~~ -iS~'>' 1245 ,'-....,.. :~:~. ';:;.~ ,.:~.~ ., WIre. ..,.... [i'"., ;- -~, .; Iron Wire Gauze Nickel·Chromlum Wire Gauze Asbestos-Cente Wire Gauze 1~S60 Col. No. Squares give good support for flame heating. 15-585 16 mesh. No. 25 BaS gauge. Non-rusting, high temperature. Withstands For hlgh.heating capabHltf :1 13--761·SA hotter flame than Iron gauze. 13-761-50 Sq Size Cet. No. curely anchored to mesh.' Pkof 12 Sq Size Cat-No. Ea Pk 015 tumed over to prevent fray' 10xlOcm 15-5BOA 13>:13 4.65 tOxlOCm 15-5809 5.75 15-585A 1.40 Sq SIze Cal. No. . 15>:15 13)(13 5.95 Cat. No. 15-580C 6.25 15-5859 1.80 7.65 15x15 15-saSC 2.35 10.00 lOxlOCm 1H61-7A 13>:13 13--761-7B 1246 15x15 1H61-7C Wrapping Film 13-76105 ~'~t work. Won't oxidIze, rtr .~ eterioration. won't contami· ..119 heated. Pure platinum, eat. No. E. 13-761-5A 21.00 13-761-50 76.00 t. No. Col, No, E. 13-161·7A 8,50 -590A 13-781·78 15,00 -5908 13-161&7C 28.00 ·5900 1247 ASS ROCliLOIUOE .26g 4.96 ARSEl/OUS ActO SOLVTlON COHCENTRATIl, .. 6.05 ·; ~ TIftatiOn '. . l00g 10.90 o.lN(l11101 .. 6,C8 29.04 bH(NH~OQH.HCI 80-8-11' ploher CERTlFIEO + 0' ±"2 (C-12In1H (Non-Ma\lobl.) F each bottle cOntaIns exact amount ltD of eoncenb'ated 1N requited to l00g 4.20 maklJ1Ittel'orO.1N(N/10) 500g 9.66 Normality: 0.1005-0.0995 F.W.217.08 See $eotlon on Normality Solutlo,ns ARW-7- WETTING AGENT ~:J.o;'etI0 Analyzer Seotion , Wetting Agents, ASHST08, long fiber (AmphIbole) 1/41b 9.25 A-1.1 8e1t¢1td, aoJdwashed 6x1/41b,OS 44.40 for Gooch cructbles. ' lIb 23.00 Flo"'" REAGENT 6x1 Ib, CS 110.40 Maximum Urnlta of Impurltles Trioxkle A·59 SOlubIe In Hydrochloric acid .••••.. • .0.60% Water SOIubfe .ub&t8nces .....,.. · .0.60% "'l po~er 11b 28.30 Reaction to Ulmus •••••••.•... · Neutral "l)ydnde) Hydr.ted 6x1 lb. as ·126.30 . IFIEO " F. W. 779.52 A$BESTOS. fiber (AmDhlbOle) 1/4 Ib 8.40 .) A-1to 5eleoted. acklwashed 6x1/41b. cs 40.20 , Lot An.lysls Reported on Label and Ignited. 11b 21.90 i\Ol ..-co : : :; . LabofatOf)' cans, Fume Hoods Labinduttr'ks _...•.. , _ ,...... •_.....• Tls.sue Prooeashg Equipment ~~~~::;:'.::::::::::::::::::::: Ftlmaces,""""'" Hot·Plales labora1ory Corm-o/laI'" ..aJunc:t:rOc«., _ ~,._ ..,,,..". .lWYfandM.,oltllt·.._.··..:.·····_·· ······..·····_·_········. ~.~."..._&~II·",·,',..,"""',.., ;£~~1;~~~!i~::~::~:::::~;::::~: • ) r,.:~::::::::::::~:·:::::::=:::;:·~:::::::::::::::::::::: Oxford UIbo,..torie. ",,,,,,,,,: ...""""".... ",. . Clhn ,.;..: ~ _ ..;, . EleclrOOhnce· Waler COncItlof)$f pjillT."""..•...:.. "" ,: ~ . C8loIineters & Pressure Aea<:1bn E~lpmelll =.~.~~~.::=~~:~~:::~:::::::::::::::: L..aboraloty Presses PoIyfOlnI Pack " . Shlpptlg Conlalnel's CU6e Co...... ,.. ~.;, ...... _., ...... _." ...... "..:. $tC$ln Stetlz(l{$ Ci~cal Ubware., 0lI0t~ :::'~::: =~:::::,:::::==::::::::::::.~:::::: OVens, InctbalCQ, Water Baths =~~~:::~~:~::.:::::~:::::~:::::::::::.,::::: SpoWO\iIOtqmeters Profe.sIonat Tepe " .. """""T"", ,. Mlcrotiter Systems, DIsposable PlB.stlcware =:.~~~~.~.:.::::~:.:~:~::::::~:::::=: Porcelalrl~ .... . : .coming :; ;"..";,, .. LaboratoryGlasswate. pH Mete(&, ..Revco,,,;.., ,,: , ,..... Freeln EleCtTod6$, WatEll' StR1s . .Roche DlIc1nostlol ~ :••:...... Baclgrla IOOiitiieatlon~~_tlftS Dlglrnltrlo : ~ _ . SAl Tlehnofogy " ".• AlP PtlotomElter Dow COmlng ,~ _ .. Sa'gent·Welch, , "'., "" " p,,,,,, Sdt'-k:her6. $cnlYll . Dn.lmInon SCl$ntmo ~.~ .. TlC/Chromatography SCfentlflc kldumles""., "",. GssOl'Mters DuPont : ,..,. Supp~es, Dymo .. 8clentf6c Mfll.lndustries , .. no Fracto CoIlectof Sherwood ~l , _. D~ePlasticware SmIth, A.A•••._ _._ __..•.• _. Serolog'ca.l Sefums Eaig)eMan~riIlll' · ····..· Specbvtl\ u.dkltl Lab " . o~y$1$ Suppies EaIt~n ktdu.tde•..:, , .. StICO " . Transtooners I!astm.n._ " ~ " _. Sup.,klr EMcbIc . V8fi.ab!e Transformefs e:atonOlk~ .. Sytvanf " " .. Serologlcal Reagents £btl'btch, , .. EJltctrothefrnal EngIn..Ing . ~dusttles Eltay Products :., " ,. Taylor __. T""""""".... ~;: ~d ":..- . TechM ,,, .. CrGtJlators & Sand Bath$ Thennolyne :. Fumaoee. Hot·PIate3 f. Torsion, , ,, . B"'",", . c'f~tba~ ~: ~~w... _ t....:;.~. Tumer._ : . Fluorometers, E1edrophoresls, FIl1con Pilu:t50.,:. ~ ~ ..• _ ; ••;.... """' r_ .. Spectrophotomel$$ F.cher~~ , :_ ,.., ~klr8 . Tylo< : ... S..... ~ uu vJ<»et Products ...... " " " ''''''''"'''' Gek'nln ;.:...... Electophofesis, M~ Cfu11ca1 Test Kits -,Bk> .: J~ :..::.:L..: ,~;~ ~.. ~:_.i .. :.~ ..:..:· :'&'Bio:od' ~ f¥~ti Yellow t;Ipt~.•• :.. !., : _ ,::.:...... Temperalure MeasUting ~ i.' ,;~,,~j.~"i }·:,~t",".::1~Ji':.¥k~i' .. :>,". ' '.,', ":1"'" ',.' C<>Wd", ... '," '; ·;i\i~~i&S'::t{:iL,~:i\~~i~it~1}~_f:~;.; i ! I !, TO Phil Hunsucker LOCATION _ FROM A. fl. Anderson DATE Mav 2, 1977 SUBJECT Asbestos Sleeving Castaloy We· have recently been alerted to some rather siAnificant orders that were placed with one of our competitors for a rather large quantity of quarter inch 4 x 8 epoxy sheets, Investigation of that discloses·that. several national con cerns have issued directives within their organizations to remove from thelr facilities all products containing asbestos" In this case they are replacing the interiors of fumenoods where transite ls used, With epoxy, Regardless of a Department of Labo.r statement, It does ,i not appear to me to be in keeping w1th our Fisher image to I sell tO,a customer a product that we know Is potentially hazardous, Beyond that, I do not wish to handle asbestos I in the Indiana Plant in any forin it.. there is a suitable I substitute. We are in the process of.developing a sobstitute for the transite used in our Indiana products, !, I I PLAINTIFF'S EXHIBiT FISCU4 AWA/blp • cc; ~" ."\> • : •." #: EXHIBIT 4124909717 p.9 Dec 15 05 05113p LEGAL DEPT Centra' Offices/Pittsburgh Fisher Scientific Company TO Al Heidrich LOCATIONEMD Chicaeo FROM_ Jack Reilly-C.O. DATE November 22. 1978 SUBJECT_:::I!MD~..:::C~at::.:a~lo::o:sg_- ...:O::::S::;HA~T~e:::rm~in~o:::l~0:.'lgLY _ •• Dear AI: Per our recent telephone conversations, we legally cannot use the words, "OSHA approved," in al}Y printed material, and, for the record, neither can our competit1on. OSHA does not approve products, and in fact, we could be>fined by the Federal Trade Commission for an unfair trade practice. I am specifically referring to the asbestos mat shown on page 1071 of your 79 catalog. r also noticed >the language, "In full compliance with OSHA." on page 1016, catalog number, lO-0~7-20. AI, we can effectively use OSHA as a marketing tool, howeyer, we must be careful with our advertising and wording. Please let me work with you on all future safety literature. Regards, JR:sf PI.AINTIFFS EXHIBIT eel T. Lawton, G. Orlick FISC-50 T. McGlade G. Scott B. Nadzarn -',. . ., :.: ...... -..... ; ....:.''; ~ .' i'" '&f·i~~~~d'~;f~~j;~'J;!;;,yl~!.:~;~;;~;tr)i:~%~i:~;';~;~~~J'.,f:i\~;;i\\'D~'~~');:~~;(~;:;~:;:i:\~;j~~;;:zit~t1~t~;,i~;;~;;!;ti;t:\'~~"'i~\\?:;.':';·;::';··:·········"·";;·,;;;~!;;i;:~S~~~'i~'it~;;t~~;;(~f~t~f;~il 41l?ASOS?17 p.10 nac, 16 05 05, Ulp" LEGRL DbP, ~WDfU~~~fl1untk:nt :1 Art'ntun'f.. noU/u.{} f.., BOHR, A :., J~ ... We ax-fl a group tlf ""noarned seventh ~ade st1lllants from North($.stern Junior 1Iigll. S@oo).. 1'Ie' ara oUX':l.ous about as"!)e:; 01>' beoau"e 1'1'" -will b", doing swera:l. ax,Pe:cltnentll I'dtll. asbestos :pads and ax-e vor:r oonaeJmeil. about 'l>he faut that aeillestos may oauas O<\llOe't:. We would a -to know if' yoU naVEl a:tty .. iitElat;t about ulll~ an 61t=ate OMlllic:>aJ. :Ulllte oi' asbesi:os. WhY a'tell'1; ;v'l>U W1ll:'n11l8' the people if aabeeil'll;! is d!al"gel;-O Ii'? Could you possibly.send ua im);,rnmt.t . ~ .. . Oonnerned S"ventn Grade Soienae students .' J EXHIBIT , , ,',', ':,";' ", " ';" :. ---~---~~------ 4124808717 PeQ [5 05 05.121" LEGAL DEPT o .. , ~ . C"tpo,ale Headquarters 711 Forbes Avenue :Fisher Scientific Company pmsburgn, I'a. 15219 (412)5132-8300 11lII/lumen/s. APPS;I8lus, Furnltur. and Chemloals lor labora/olies. December 11, 1978 Mr. Charles R. Kohler Northe~stern Jr. High School Hartman St. . flanchester, PA .17345 Dear Mr. Kohler: Please forgive the delay in answering your letter; ho~ever, I have had several telephone conversations with Mrs. Snelbaker exp'!aining the situation. We· are not the manufacturer of the asbestos pads that you are'guestiOh.. ;~ ing. I have been in touch with the manUfacturer, an!! they are 9Gfng to send· me llj:eratura and PhYsical properties of their. product. which will be for- 1. o ~Iarded tQ you,' , .Enclosed is~' COpy of the Occupational saf~ty~nd Health,(OSHAJ.asbest~s :;1' standard. As you can see from this standard OSllI-\ is referring to asbes1:os. -- -- operations that liberate- airborne particles .cfibers). I win be writing to ',J you .again as soon as I receive literature from the manufacteri\r. J~R:sf , . cc: C. oithrich G. ,Scott ,. . '. Enclosure EXHIBIT i --::::-'1-;---_ ~ ,. ~ ', ..',' " o ,.-'. 'H24908? 17 p.?- De" 1~ 05 O~;. L2.p·· . LESRL DEPT oCorpotal& Hea InSIWmenlS. Apparatus Fumilul""ndCh"micais 101 Laooratorles. Dec.mber lB, 1978 Mr. Charles 1\. ltohler l!lotth..."tern :r". lJ'igh. School lIa.tman St. MnncheSte>:, PI;. 17345 llea"; Mr. Xohlerl In. yoUr ,orig1na.l lette.r~ you mention a.sbesto~ pads.. I am. interested i<> id Atta"hment .' ,. , . :~ ,." EXHIBIT If •• I ., .\ ':.:~.~ ~~:~";':".'...~ ': ,o....~ tflt).l:no Itf U·...... ,, "( .;" :• ,'': ..r: .:.' , INTER·OEPARTMENTAL. COMMUN "•" \t.' FISHER SCIENTIFIC COMPANY , " OAT" '::':'::::::::::-;'!":::;'~Deoe"ib... 4, 1916 _ TO' :::"::':::"::~:::::::"Brett H'a1."I'ison _ Ar' --===Indiana '--__ Jim CennllQ6 l'ROMI~. _-.:.:=:...:==::... _ Attached. ie correspondence frolll. Jack Reilly concerning tlle use of aSbestos in our Jlrod.uct.. Jack haB aeKed me to .stabli.h .. li.t of all produots which inolude s.b.sto. in .ome .ha}!e or form. Carl Hvozda ha. oOmpleted this list and it ia att.oMd. CMnerelly .peaking, I he,ve reviewed the list and established the fo1- ' lowing preliminary thought. .. 1. The use of ~sbestos in our instrum&nts 1.13 c-on"finell to approxilll£l.tely 21 product. and felli into .bout silC general ea.tegories. The categories are: . b. S"all plat•• or blocks of transite ""eO. as beat re.istaht '#..4V'M/~:XL standroffs • ' Coo Asbestos c.oated Dia.terial such firs cardboard or aluminum . foil •• a heet Shield. d. Door g••1 •• AGbestps tepe '\lith adhe.ive oacking, f. Large .heets of tran.ite or :flexboard,used in oltt furniture. Y; \ J '{ Aabesto~ is a problem \fa have been a.vo3,ding for a number ~f yea:rs no"", It is l!Tf opinion ,,~ should. iIore seriously a.ddrss. ourse~ves to it and establish an eosineering proj.ot to e~imin.te it :from both our instruments and oUX' furnUure p)."oducts, '/ I feel elitrdna.ting asbestos !'rolll our instruments is not as oritical.. e.s .' it i. in our furniture. 'i!h6 reaaon being, ssbestos, in our fnrtl:l.-ture is )ll1loh l';";ser, bulkier, and It/Ore exposed to'the t!illJtOMe:t"s-.. In our inabrtnlWnts. rltb fell' exc.apt'1ona,. it is internal and is pd=Uy .. heat resistant coating around. wires. ,- , , In addressing ourselves -to Mbestoa in turniturc, tber$ ttrG. SOtne Iilnjor lJons!aera.ti~DS which should be idont1tied. For instanoe, epoxy re.in is a. .erioue oonsideration ' tor rep1so1ng ..bestas• Attached is an 6.l"1>iole f'rOIl1 the PJ::l.'TSBURtlH PRESS indioating Herle" XudustrieB is already making .ome b.tid"..... in rel'looing Asbestos. cai~ JlWZM brought tbi. fIrliole to l!(f attention and he is in the proo.s. ..t thi. p6ilit in oollecting "" mUQ' information as posllible from Jlewtex. . ',' ,.-.:'.... ~ ~~'-n-u.: ''': " " oj U; PLAINTIFF'S EXHIBIT Attachments ce, Carl IIvozda W.a:rren Zundel EXHIBIT Bryant ~mn'Gfield <::> I ~ ~ ,. ' .. if! ' ....·;r.·.-.:I.·.· :. . • . r,' ': .. ; . ·~ . • '1. ,..-.".' -L ..~--- --,- _ ~~t~i~:;;\i~'N\t~;i:;\X!~j~:]~~~,~~~;~;;~;~~~;f,§;;i;~t~~~~~;'~~~~\;;:~ti}!;\;:;it:~';':if;:~~~;l,~{:t~~~if~t~~~t~?~'t\i!~~\~~~~i~t;t;W~f~~~~%~i~tt~~,fi::~}t,)};;~i~)G~~fj , . I• t I. ~. \ ". :. :~ .: .: Novembe~ '. 6, 1978 .: .' u.s. nepll:M:Jnent 0:1' Labor ., Occupntlonal Safety and ffealth Administration zoo Constitution Avenue, 11,1'1. .' Washington. DC Z0210 Gentlemen: '·would app~eciate,your cl11rif~cation Of the asbestos stl/.l:\aard, Subpart Z. 1910.10'01. ! interpil/.'t the standa.:rll ,to llJ,lply to >l:l\Y process.iD.vo1ving the.relaese ai', airbome asbestos f:J.be:rs. W1>(l.1> are your commpnts concern;l,ng produc;t:s 'I:be.t arb made of IIsl>estos? r "'" speilk:l.ng about certain labontflxy' pro" ducts s\lt;h as,· gloVes, finger cots. mats. fire blankets. f~e hQIfd linel"'l, gl\$gats, ~tC. Thes!> prOdUCts do npt o1tdinarily liberate airbOTl'le fihers. however, age and useage can cause dusting. . , . JlUtl sf" EXHIBIT 1 I J .:! NY09~000062 ; .' 4124908717 p.7 nec 15 05 OS:13p LEGAL DEPT - Va.J:t.y; C1/U,t· 7''-<<:~tl.<-'Z....J .\ Central Offices/Pittsburgh ~F Fisher Scientific Company ~ TO JOEL FONTAINE LOCATION--"-RA=L=E=IG=H'-- _ FROM JACK ReILLY-CENTRAL OFFICES DATE NOVEMBER 28, 1978 SUBJECT. ASBESTOS PROQ!!CTS Dear Joel: , . Per our recent telephone conversation, the following comments are related to the current status of asbestos products: 1. We are both a manufacturer, and a distributor of asbestos products. 2. Attached is correspondence between myself and OSHA, concern ing asbestos, laqoratory products. (Also, I wrote to OSHA for an up date on November 6, 1978). 3. We are currently. conducting a study to dete~mine the feasi bility of continuing or discontinuing the manufacture and/or distri bution of products ~hat contain asbestos. Regards, .~ JR:sf PLAINTIFF'S EXHlBIT cc: G. Scott C. Dithrich FJSC-49 G. Orlick Attachments I EXHIBIT I 4124908717 p.B Dec 15 05 05.13p LEGAL DEPT 6.4i,L;) (.:/H r}I.i:'(Jt, <'"':'-"~F Educational Materials Division '%P' Fisher, Scientific Company TO JACK REILLY LOCATION __c::.:.:.o:..:,.. _ FROM MICHAEL HIRSCH LOCATION _--..::oEMD~/~CH,!::IC~AG""O __ SUBJECT lIIRX GAUZE W/ASBEsTOS CENTER DATE DW"l1Jr..."""'''''''EB.....,5....-.Jl....Q.Ll18:>- Dear Jackl We have decided to drop from our listing in our nell catalog, Wire Ganze with aebestos centers, because of all tbe problems tbat may arise witb asbestos. As its replac"",ent, we are listing a wire ga""e with ceramic c.enters, Please refer to tbe attached sheet for the information on the subject. U< Mike Hirsch PLAINTIFF'S EXHIBIT FISC-48 MIl,BA Attachment C.entral Offices/Pittsburgh PLAINTIFF'S EXHIBIT Fisher Scientific Company FISC-146 ~ , . , _~ ~.IG /-~ .-(·}-t<..-t:. J!.j TO See Distribution LOCATION__~ _ FROM Jack Reilly DATE January 15, 1979 SUBJECT Asbestos Heeting 'r initial task force meeting was held in the Awards Room on January 11, 1979. n attendance Were Tom Lawton, Jack Daniels, Charlie Dithrich, Gordon Scott, im Philip, and Jack Reilly. t was agreed that we should search for substitute materials to replace vendor nd Fisher manufactured products, and the follmdng projects were instituted:' 1. Jack Daniels is to contact the vendors for possible substitute materials and asbestos, experience data. 2. Jim Philip is to look for possible substitute materiais for Indiana products. will contact you the week of February 12 for a status report and/or another eting. RegaTds, T Lawton J ck Daniels rlie Dithrich don Scott Philip 111111111"1111I~I~'II"jllllill Ijl~ III I111IIII1 L-INTO-l III 1l/36/2665 16:12 4124968685 FI9iER LEGAL PAGE: 63/57 •• of.... Ge.ntral Offices/Pittsburgh ';0 ~(JllI.i>7fiA ..~.1 ....(.~.F Ffs~er Scientific Company J ~ PERSONAl. AND CONFIDENTIAL TO _---,---..£H~~~rVl.5ieLy .l.l!l~1t:!!~h!!!e5.!.n!.....!!.& .JOJa~ci!l.k ~D!!.!.an~je~l~s _ lOOATION-,....- _ FROM _....!IiJa~ck:tW!RllJe1Lll1ut:....-..:..-_~ _ DATE __..L!Apl!!r:!.ll1w~;:..·....l;;u97=-9 _ SUBJECT-'A""S""be....SJ:l=tD::!.S· ~-- _ .. .. l think that we shou14 discontinue selling products that contain asbestos because of adverse publicity. govel'llll1ent regulatfons, legal rall\lffCJ\tlons. and potential law suIts. Cur approach could be to lnmedllltelY drop 1011 vol\Dlle Items and to find suitable reple~ent Illl1terfal for high Volume ttelll!l. FollO\l/lng are three !lotential suppliers of replacenant materials and/or produe:ts: .--,.--~~. '.. :' . ',' ., -., ...... ~, _. A-Best Products company Amltex COrporatilln tlewtex IndustrIes 3SGS \fest 150th st. 103l! 5bnbrfdge St. vi ctor, NY Cleveland. OK' 44111 .. Harristown, PA 19404 (21G) 941-9400 . (21S) 277-6100 I alsa notified Indiana aT' these potential suppliers. Call central purchasing con tact these colllpanies to determine the vaUdlty of' t~elt' materials? Your eomsnts woul d be appreciated: Regards, JR:sf ec: Jim Phf11p Tom Liltrton Goi-don Scott ., Gerry 01'1 h:k Charlie Dlthrlch PLAINTIFFS EXHmlT : FISC-43 ~ EXHIBIT i /~ Ik/I~ ...... •...._.--_.~-_..-_.---- PLAINTIFF'S EXHIBIT April 26, 1979 O"'TE ~ ~ --=...__ AT __~~pc..;r",:rc..;T",s-=a..:.U_R..:.Gli,,- _ AT CLEVELAND-'::..:.==::..:. ~__ .., EXHIBIT -. ,-.: .~ 1," • ., As.you know, asbestos is a forbidden material• '.' What substitutes are available? Do we have a pOtential : market in an a'sbestoa substitute? -.'-" ." -. .., .; -,::- ...... l·~ ... , . , . Central Offices/Pittsburgh Fisher Scientific Company TO _ JIM PHIUP LOCATION~~P!~TTl..::S:.::;BU~R1l~H!-__ FROM· aRETT HARRISOH DATE-..!A~PJ.;.riJ..lI,-2!:..!7",,!_'!.!!9.!..79:...... __ SUBJECT ASBEstos SUllSTlTurioll PSo.lECTS . As I have indicated. production £n9in~erin9 has been workfng fo r s'omo time on as bas tos sUbs tHution ,p rajacts. They h Enclosed is the list of active projects. OUI' time' table Is 'to compl ete' engfneer"fng on en proj'ee-ts by the ~"nd' of- -th~· ",~" 3rd Quarter. and all drarting by yur' end. By early June. ' we will have speclfio completion targets by projeot. As you know. 90% of our dollar value usage is in fume hoaiJs, so that one rroJeot encompasses almost a11 af hath the risk ~nd oppartun ty. ' ---.' Brett Harr,i son 1iw co: J.S~111Y/. B. Mansfield J. Cennnme PLAINTIFF'S EXHIBIT '. FISC-UO , . EXHIBIT ':;J .~ --I--'L,--- EXHIBIT '. ". -.: PLAINTIFF'S EXHIBIT i 0. ,,, ....., ... , . ." MemOrandun ' Fisher . bUED Scientific Dale: MARCH 13 r 1986 111//111111111111111111 III III1I1IIIIIII/~1/11111I1111I To: ROBERT FORTE - CENTRAL PURCHASING L-OIL-22 from: ROBERT J. KING - QUALITY ASSURANCE Sublect: ASBESTOS CATALOG NUMBERS I sorted the above catalog numbers using the computer. This list was given to Btl1 Brittian to determine vendors. FOllowing is a list of catalog numbers and vendorsl CATALOG NO. yENDQR PLAINTIFPS EXHmIT 1-435-A BOARD CBAIUlATB 1-441-A MATS CBAIUlA'lB 1-441-9 MATS CBAIUlA'l'B FJSC-31 1-UI-C MATS CBA.RltA'l'B 1-441-0 MATS CBA.RltA'l'B 1-442-A HATS CBA.RltA'1'B 1-442-B MATS CHAlll{A'l'B \ 1-455-B CORD RA~BBSTOS HANHATTAN 1-458-G ASBESTOS FIBER UNl'tNOD J 1-458-a ASBESTOS FIBER UNlUiOWIf 1-473-A TAPB UNl't1lOWN 1-473-B TAPB UNlNOWR 15-539-A WIn RQC1I:BESTOS 15-539-B WIn ROCKBBSTOS lS-539-c WIn ROCKBBSTOS 15-539-0 WIRE ROC1tBBSTOS 15-539-B WIRE RQCKBBSTOS 15-S90-& GAUaB POJlMA SCIENTU'IC 15-590-B GAUllE FORMA SCIENTIFIC 15-590-c GAUZE PORHA SCIENTIFIC 9-739-A DISCS ALSOP. (SBI'll!) 9-739:-& DISCS ALSOP (SHITZ) 9-73g..e DISCS ALSOP (SBITI\) 9-99tf,oA: COTS PBl'lDLBTON 9-99lJ.-1f COTS ____ PERDLftOH A-1-470. PAPBR PIT'1' FAB A-181' ASBBSTOS FIBER PROBABLY Il'AIllLAU A-190 ASBESTOS FIBER PROBABLY'I1'AIRLAD P-l52 1'\1'\ ASBBS'!'OS FIBBR PROBABLY FAlRLA'Im 1-426 BOAIU> CHAMAD S BOARD CBAIUlAD ,1-1:a:r40 MATS CBAIUlAD 1 41 ~TS CHAMAft 1-'~42 MATS CBA.RltATB 1-445 CEIlBH'l' RAYBBS'l'OS MJlNHAftAN --... 1-450 CBHBH'l' RAYllBS'l'OS MJltmAT'1'AN ", 1-455 CORD .' RA~BBSTOS MANHA'f"1'AN ..... ROBERT FORTE MARCil 13, 198& PAGE TWO ' ~-460 GLOVES UNKNOWN 1-465 MITTENS UNKNOWN _ 1-470 PAPER PITT PAB PAl v'1-471 TAPE UNKNOWN \ A ~sP: J', vl-472 CLOTH UNKNOWN ~ q ~ l 1-473 TAPE UNKNOWN 1-47. CLO!1'll UNKNOWN 9-998 COTS PENDLE'1'ON 11-392 GLOVES CBARKATE Vll- 456 TAPE UNKNOWN ,-,13-465 FLASH REST uNKNOWN v13-466 FLASH REST UNKNOWN .....13-461 SHELF UNKNOWN 15"539 WIRE ROCKBES'1'OS 15-590 GAUZE UNKNOWN v17-350 TRANSUE PROBABLY CPD~ b"",\h.~ "'1 :I.-d,"'",, \/17-360 TRANSI'l'B PBOBABLY CPD ""~" (n.+ CF~)o , .... V}7-365 TRANSITE PRCiBABLY CPD r.. ~il.l .. - no " ...... Oor' V17-370 TRANSITB PROBABLY C1'D ....C6rd.. o."a.;I",bk ,;'20-305 SHIELD UNKNOWN 11-392-5 MIT'l'BNB ClJARItATE \/'14-7110 TAPE UNKNOWN 11-392-20 GLOVES SAGER 11-392-25 MITTENS SAGER & qHARKA'l'B Attached is a list from Bill Brittian witb the known addresses of the above. _ RJll:/jmd Attaohment Alsop Engine~ring Corp. porter Hayden Milldale, ~T 0~467 P.O. Box 416 206 Talmadge Road G. E. Gerdes . Edison, NJ 08817 Vice President, Marketing 203/628-9661 Lou Zara 201/287-5300 Charkate Glove and Specialty Company Raybestos Manhattan, Inc. 26-15 l23rd Street Asbestos Division Flushing, NY 11354 P.O. Box 5205 N. Charleston, BC 29406 Al Densen Barbara Hale Customer Service (Nicolet Co. 803/744-6261 Wissahichon Avenue Ambler, PA 19002 manufacturer of asbestos The Rockbestos Co. mats distributed by 1910 Cochran Road Charkatel Pittsburgh, PA 15220 R. M. Keay Forma Scientific, Inc. District Sales Manager P.O. Box 649 412/343-5022 Marietta, OB 45750 Rich Bergen, President Sager Glove Corp. 614/373-4763 4030 N. Nashville Avenue Chicago, IL 60634 Pendleton Co. Rich Bager,.president P.O. Box 300' 312/286-6600 patchogue, NY 11772 Bob SchUltz Arthur H. Thomas ~o. 516/475-1244 Vine Street at Third P.O. Box 779 Philadelphia, PA 19105 Pitt-Fab Industries, Inc. 2985 Grand" Avenue 215/574-4555 Pittsburgh, PA 15225 412(771/1800 EXHIBIT \\\1\\\\1"11~l\\ Illl III \1\\\\\1111\ 1\1\1\111 11\ 111\ , (PERSONAL/CONFIDENTIAL) L-INTO-9 printed 12/29/05 Asbestos - Background Material PLAINTIFF'S EXHIBIT FISC-ISO 1. Current OSHA Asbestos Standard: OSHA currently regulates airborne concentrations of asbestos fibers. De pending On the results of a monitoring progra=, this standard includes employee medical examinations, employee aCcess to medical records and moni toring results, signs and labels (CANCER), records, persooal protective equipment, gover...ent notification, and ventilation systems. "Note: We hl\ve monitored asbestos at Indiana and on two occasions, we have sent a number of employees to Pittsburgh Diagnostic Clinic for chest x-rays. 2. Current Incidents (publicity): A. Messure in Congress to provide compensation benefits to yorkers who becdllle diaabled through exposure to asbestos• .', " B. Dr. Seli1coff (lit~ ;'sioai School of Medicine) testified that about 40,000 desths annually may be expected a=ong workers with past exposure to asbestos. ;':;. .... };~;:_~;~.{:;;~:.;-=.~~. ::-...:;:' .. C. The Department -01= Health. Education, and Welfare has recently launched a' natiomiide public inforaation effort, on asbeatos, through publieationa, and radio and TV annQ;"ucementll. 0 .:....·i:f.!'i-::::~~~. C~'.:~-;;".~ .. := .::;:::~: D. There are presently over 1000 asbestos-related lawsuits pending, and recently s one billion dollar class action suit was filed by Cslifornia shipysrd workera against 15 asbestos manufaeturers. : .. 3. Reeent Incidents Reported to me: A. The State of North Carolina asked Joel Fontaine for a list of all our products that cOntain asbestoa. 0 • • .~., :.': ··;:~~1.;~~:~~~~:f;::!t~::·: :~~. ,:" IIlO~-letter -. 0 1I. lie received 0 froa a group of seventh grade students inquiring sbout : -0 one of our a8b...t08 prodUcts being linked with a health haurd• .. - .' _... :/:"~1:~~;r;~t!.(f~:?;... :::;:.~: ... :. C. I have been uJced nUmerouS queations cooeerning our asbestos products at customer safety 0 vorltahops and aem1oars. ·..::.·~':i~:.•~.-,~.-::.. .'.'~'_ ". D. A Central OfUce ""'Ployee called .... and cOlllplained about receiving envelopes, through the lllllil that were packed with asbeatoa• ...... -;-. ~.~f-B:-~~:::~~;r>"'.:":"" . ~.. . ".U: E. A very large custOlller returned same kettle c1aJ>ps (No. 11-847-30, A, B) to ua because the asbestos vas flaking. 4. Fisher Produets 'that Contain Asbestos: A. Indiana Products (CFD &Instrument) Fume hooda ,0 worktops, fUl11llces, hot plates, inC\lbators, clamps, ovens etc. The fOrlDa of asbestos used are baaical1y tspe, flexboard; urinate, insulated wire, csrdboard and gsskets. Dollar volume of these products through 9/28/78 vaa approximately $1,707.940.00 with an average gross profit of 40.71%. ,. , page 2 B. Fair Lawn Products We sold $2,037.00 (average G.P. 53.96%) worth of asbestos fibers (powder) through 9/28/78. I was advised that this has since been dropped from our line. C. Catalog (79) Products - Index - (Asbestos) Mats, &lavas,'cord, paper, wire, guaze, atc••• Sales dollars through 9/28(78 Were $79,817.00 with an average G.P. of 48%. S4llIe products as above through l!MD amounted to $10,973.00 vith an average G.P. of 65%. :', • ~ "";l! :...:~ . : o' ..,. ',;- " ....- ,':. - . , ;-. , .' ~ .", ~ ::~~-:~i.; ~~. :~~:'~.~ j .. -. :....:.-.::... '1., • '~~;';,:;:;i_if;,;f;, ~ ...... :. .;" ...... :.:.:., ":'..... :""::;;;"'1i~~~~_;'i';;JC;""-'" ,.. 1":; :w:~ ••' .' ,".' :; ,...... I J ., I ". . ... i '. " .. ~ - I - . .M·.... ~': .~:._. .. ! ~ ..... ". isher Safety - Accufunn Chemicals and Haz Mat Signs: Ashestos - 10... http://www.fishersci.com/wps/portalJPRODUCIDETAIL?prodcutdetai... SlopJ:Xng Cart i Rapid Order ~::::;:;:~iE;~~=;Jj mrt'ft," New User? ! Forgot Passv,ord? S~fety HOITI ----~~._--~._--- g-ea-r-ch------"-- :it i -;j Back to Search Results ~sbestos ~_ ] Accuform Chemicals and Haz Mat Signs: Asbestos S~bmitl'~DSSealch. Sut>slruclureSearch ____~~i!'i~~~QL~fS:is_ II----;;-~~~~m Olig;:_L/ .' I ~ _ .. __.L J ASBESTOS CANCER AND LUNG DISEASE HAZARD Shopping Cart V.ewCalt AUTHORIZEO PERSONNEL OHLY No items In cart For secutity reasons youVlill Items Images be sutomatically logged out after 30 mloutes of lnaclMty. Description Catalog,_Number Quantity Price ~ASBESTOS Accufonn Signs Each for $13.91 I CANCERAh'D lUNGDISEAS!; No.:MCAW101VS , Hl\ZARD AUTHORIZED PERSD!\'NEL ONLY i ... Back to Search Results Trademarks I Terms and Conditbns legal Notlces I f'livacy Poky I Thermo fisher Scientific Inc. 2010 Thermo Aoher Scientific Inc. - AU rights reserved. ill EXHIBIT Q i~ dO< I tJ!J "'-... fl 11114/20105:17 PM