semspub.epa.gov · 1 2 3 united states district court for the distric oft rhode island 5 6 7 8 9 10...

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND

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UNILEVER BESTFOODS and KIK CUSTOM PRODUCTS, INC., f/k/a CCL CUSTOM MANUFACTURING, INC.,

vs C.A. No 01-496-L

TEKNOR APEX COMPANY, et al.,

KIK CUSTOM PRODUCTS, INC., f/k/a CCL CUSTOM MANUFACTURING, INC.

vs C.A. N.@:i§ 01-511-L

A.T. CROSS COMPANY, -e-t al

DEPOSITION -OF MAURICE%i %;"'L|JT'HY, JR., VOLUME I, a witness in the above-pe%.f:Ttled cause, taken on behalf of the Plaint^;!;l^^before Devin J. Baccari, CSR, at the Law Offllge!!|-of Adler, Pollock & Sheehan, P . C . , ;sprj:fe'*

::iil|il€izens Plaza, 8th Floor,, Providence, R;node':%iss''land, on June 2, 2009, scheduled at'f|0:0jb a.m.

25 J o b No: 2 0 3 2 4 2

VERITEXT CORPORATE SERVICES (800) 567-8658

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1 • A P P E A R A N C E S 2 FOR THE PLAINTIFF UNILEVER BESTFOODS:

BAKER BOTTS, LLP 3 BY: THOMAS C. JACKSON, ESQUIRE

THE WARNER, 1299 PENNSYLVANIA AVENUE, NW 4 WASHINGTON, D.C. 20004-2400

202-639-7710 [email protected] 5 6 FOR THE PLAINTIFF KIK CUSTOM PRODUCTS:

LESTER SCHWAB KATZ & DWYER, LLP 7 BY: JONATHAN A. MURPHY, ESQUIRE

120 BROADWAY 8 NEW YORK, NEW YORK 10271-0071

212-964-6611 [email protected] 9

BLISH & CAVANAGH, LLP 10 BY: MARY CAVANAGH-DUNN, ESQUIRE

COMMERCE CENTER, 30 EXCHANGE TERRACE 11 PROVIDENCE, RHODE ISLAND 02903

401-831,-8900 [email protected] 12 13 FOR THE DEFENDANT BLACKSTONE VALLEY ELECTRIC:

SALLY & FITCH, LLP 14 BY: ARTHUR J. GURAY, ESQUIRE

BY: MATTHEW PASSERI, PARALEGAL (BY TELEPHONE) 15 ONE BEACON STREET

BOSTON, MASSACHUSETTS 02108 16 617-542-5542 [email protected] 17

FOR THE DEFENDANTS TEKNOR APEX, AT. CROSS, RAYTHEON 18 AND BENJAMIN MOORE:

BENK & ASSOCIATES, P.C. 19 BY: GREGORY L. BENttC, ESQUIRE

931 JEFFERSON BOULEVARD, SUITE 2008 20 WARWICK, RHODE ISLAND 02886

401-454-0054 [email protected] 21 22 FOR THE DEFENDANT HOLLINGSWORTH & VOSE:

NUTTER, McCLENNEN & FISH, LLP 23 BY: JULIE PRUTTT BARRY, ESQUIRE

WORLD TRADE CENTER WEST, 155 SEAPORT BOULEVARD 24 BOSTON, MASSACHUSETTS 02210-2604

617-439-2831 JPBARRY@NUTTERCOM 25

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1 FOR THE DEFENDANT LEECH & GARNER:

2 EDWARDS, ANGELL, PALMER & DODGE, LLP BY: MARTHA A. HOLT, ESQUIRE

3 2800 FINANCIAL PLAZA PROVIDENCE, RHODE ISLAND 02903

4 401455-7669 [email protected] 5

FOR THE DEFENDANT DAVID BRASK: 6 LAW OFFICE OF MORTIMER C. NEWTON

BY: MORTIMER C. NEWTON, ESQUIRE 7 THE REMINGTON BULDING, 91 FRIENDSHIP STREET

PROVIDENCE, RHODE ISLAND 02903-3819 8 401-421-1511 MORTNEWTON@GMAIL,COM 9

FOR THE DEFENDANT WYMAN-GORDON: 10 DONOVAN HATEM LLP

BY: TINA M FOGELL, ESQUIRE 11 WORLD TRADE CENTER EAST, TWO SEAPORT LANE

BOSTON, MASSACHUSETTS 02210 12 617-4064500 [email protected] 13

FOR WASTE MANAGEMENT AND THE WITNESS: 14 GIARRUSSO, NORTON, COOLEY & McGLONE, P.C.

BY: CURTIS A. CONNORS, ESQUIRE 15 MARINA BAY, 308 VICTORY ROAD

QUINCY, MASSACHUSETTS 02171 16 617-770-2900 CCONNORS@GNCMNET 27

FOR THE DEFENDANT GENERAL CABLE: 18 BLANK ROME, LLP

BY: SCOTT E.COBURN, ESQUIRE 19 ONE LOGAN SQUARE, 130 NORTH 18TH STREET

PHILADELPHIA, PA 19103-6998 20 215-569-5362 [email protected] 21 22 23 24 25

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1 I N D E X

2 3 WITNESS PAGE

4 MAURICE H. LUTHY, JR. 5 EXAMINATION BY MR. JACKSON6 7 8 E X H I B I T S

9 10 NO. DESCRIPTION PAGE

11 (Plaintiffs) LIST OF MR. LUTHY'S WORK HISTORY 35

DUMP TICKETS 98 DUMP TICKETS 105 DUMP TICKETS. 108 DUMP TICKETS 111 DUMP TICKETS 119

DUMP TICKETS 128

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(Deposition commenced at 10:35 a.m.)

MAURICE H. LUTHY, JR., 3 Being duly sworn, deposes and testifies as follows:

4 EXAMINATION BY MR. JACKSON 5 Q. Good morning, Mr. Luthy. My name is Tom Jackson. 6 I'm an attorney with the law firm of Baker Botts

7 in Washington, D.C. I represent Unilever 8 Bestfoods, which is a plaintiff in some

9 litigation that's currently pending in Federal 10 Court here in Rhode Island.

11 Have you ever been deposed before? 12 THE WITNESS: What do you mean 13 approached?

14 Q. Deposed before — 15 A. Oh, no.

16 Q. — in a setting like this? 17 A. No.

18 Q. Well, let me give you a few ground rules that 19 we'll both try to follow this morning. I'm going 20 to ask you a series of questions. I'm going to

21 ask you to try to listen carefully to my 22 questions. If for some reason you don't

23 understand a question, just let me know and I'll 24 try to rephrase it so you do understand it. When 25 you respond, I'm going to ask you to give a


mailto:[email protected]








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1 verbal response. Our court reporter has a tough 12 time taking down — 2

3 A. Yes's and no's. 3

4 Q. Yes. That would be great. And we all understand 4

5 that sometimes you'll forget and that's fine, but 5

6 just as a reminder try to give verbal responses. 67 I'm also going to ask you to try to let me 78 finish my question before you give your response 8

9 because, again, it's hard for the court reporter 910 to take it all down when both of us are talking 10M at the same time. Again, I'm sure both of us 11

12 will slip up as the day goes along, but let's try 12

13 to not talk over each other. 13

14 There may be times during the course of the 14

15 day when I'll ask a question and one of the other 15

16 attorneys will say "objection." That's basically 16

17 something for me to work out with them. Unless I 17

18 choose to rephrase or restate my question in 181 9 response to an objection or unless your attorney 19

2 0 directs you not to answer the question, even if 2 0

2 1 there's an objection you can go ahead and respond 2122 to the question. 222 3 If you need a break at any point, just let me 232 4 know. This is not intended to be an endurance 2 42 5 contest of any kind, so if you need a break at 2 5

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1 any time, just let me know. That will be fine. 1

2 Does all that make sense? 2

3 A. Yeah. 3

4 Q. Okay. Then let's get started. Can you state 4

5 your full name for the record? 5

6 A. My name is Maurice Henry Luthy, Junior. 6

7 Q. Where do you currently reside, Mr. Luthy? 7

8 A. I live at 719 Main Street, Somerset, Mass, 8

9 Apartment 1 North. 9

10 Q. How old are you, Mr. Luthy? 10

11 A. Til be 70 in July. 11

12 Q. Okay. And are you currently employed? 12

13 A. Yes. 13

14 Q. And where are you currently employed? 14

15 A. I'm employed by Lily Transportation, hauling 15

16 for Key Container out of Pawtucket, Rhode Island. 16

17 Q. And, I'm sorry, did you say Lily Transportation? 17

18 A. Lily, L-I-L-Y. 18

19 Q. And where is Lily Transportation based? 19

2 0 A. Rosemary Street in Needham. That's the 20

2 1 corporate office. 21

22 Q. And, again, I'm sorry, what do you do for them? 222 3 A. I drive a tractor trailer. 2 3

2 4 Q. And did I understand you to say that you do that 2 4

2 5 for Key Container? 2 5

A. Yeah. We haul product, corrugated boxes for Key Container. It's a contract.

Q. Could you just describe that for me briefly.

Where do you pick boxes up? Where do you take

them to?

A. Anybody that buys boxes, any company that buys

boxes for distribution of their product. Usually they come in on the pallets anywhere-from 50 to

500 in a pallet and we haul from Key Container

which makes the corrugated boxes right from a sheet of paper, and they put the corrugation

inside the box and everything. You know how boxes are, they've got the top

and the bottom and the corrugated in the middle. They start with a sheet of paper and they do

everything, fold them, print them, everything, and then they ship them to the customers. And we

deliver the boxes to different customers. Q. Under contract to Key Container? A. Yes.

Q. And where is the Key Container facility? A. It's on Campbell Street in Pawtucket, Rhode Island. Q. And is there a geographic area where the customers are generally located?

A. All over. We haul from New York to Maine. Not too much in New York, but — thank goodness. Q. So I take it, then, that the customers are

generally in the northeast — A. Yes. Q. - United States?

A. A lot of them in Rhode Island. Quite a few in Rhode Island.

Q. How long have you worked for Lily Transportation? A. This is starting the fourth year on this

contract. It used to be Ryder and then Ryder lost the contract to Lily, so Lily — I just

stayed over from Ryder and worked for Lily. Q. Well, let me come at it a little differently,

start at the beginning and work forward. Tell me a little bit about your education, Mr. Luthy.

A. Well, I went through all the regular years of

schooling. I — Q. Did you graduate from high school?

A. Yes.

Q. Okay. And what high school was that?

A. Huntington East High School in Huntington, West Virginia.

Q. And do you recall when you graduated from high school?

3 (Pages 6 to 9)


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1 A. I think it was 1957. 12 Q. What did you do after you graduated from high 23 school? 34 A. Went in the Navy. 45 Q. What did you do when you were in the Navy? 56 A. I worked in the gunnery division on board an 67 aircraft carrier. 78 Q. And where were you stationed? 89 A. Quonset Point, Davisville. It wasn't 9

10 Davisville, it was Quonset Point at the time. 1011 Q. And, I'm sorry, that is where? 1112 A. Qn board an aircraft carrier. Rhode Island. 1213 Q. Okay. Rhode Island? 1314 A. Yeah. 1415 Q. Can you describe briefly for me your duties? 1516 A. Mainly just take care of the five-inch 38's. 1617 It was just painting, maintenance and stuff like 1718 that. 1819 Q. How long were you in the Navy, approximately? 1 92 0 THE WITNESS: Can I ask him a question? 2 021 Well, I have everything written down. It's 2122 like a — 2 22 3 MR. CONNORS: He's asking for the best 2 32 4 of your recollection, so whatever you remember. 2 42 5 THE WITNESS: Oh, okay. 2 5

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1 Q. What's your best recollection, approximately? 12 A. 1957 to 1962. 23 Q. So approximately five years? 34 A. Yes. 45 Q. Did your duties generally stay the same 56 throughout that five-year period? 67 A. Mostly, yes, till I got injured. 78 Q. Okay. And how did that happen? 89 A. I fell off the ship. 9

10 Q. Okay. And what was the nature of the injury? 1011 A. My left shoulder. I smashed everything in my 1112 left shoulder. I fell from the hangar deck to 1213 the waterline, 75 feet. 1314 Q. So what happened after you got injured? 1415 A. Well, took me over to the Newport Navy 1516 hospital, I spent about two months over there, 1617 then I got discharged. 1718 Q. And that would have been, you think, sometime 1819 around 1962? 192 0 A. Yeah. Yes. 2 021 Q. So what did you do after you were discharged? 2122 A. I got married and I started working for 222 3 Thompson Chemical. 2 324 Q. And where was that? 2 42 5 A. In Hebronville, Mass. 2 5

4 (Pages 10 to 13)

Q. What did you do for Thompson Chemical? A. I started off as a bagger on the main floor. And as I progressed with the company, I went on upstairs to the instrument room which is just mainly just keep an eye on the gauges and stuff or the reactors. Q. When you were working there, what sort of business was Thompson Chemical? A. They made vinyl resin. Q. And did you have an understanding of how that process worked at that time? A. I didn't understand the main process of it, but I knew what I was told. Q. Okay. And what was that? A. Just that the — they mixed chemicals together and it goes into a — basically a giant pressure cooker and it just — the chemical reaction and everything just turns everything into, like, a powder. And when it's all done, they drain it out the bottom and it goes — used to go into what they call a silo up on the roof. And it would spray the stuff into the silos and they had what they called socks, it was a big, oh, I guess it was about four feet around, probably about nine or ten feet tall, and they

had a vacuum that used to go up and down each one of the socks and they would hold the very, very fine powder inside the sock. And all the resin would drop down into another hopper and the hopper would put it into a feeder, into a machine that would bag it. And then from there, it would go into the warehouse and then they'd take it out in trucks to companies that made plastic. Q. Did you say you started out as a bagger — A. Uh-huh. Q. — on the main floor? A. Main floor. Q. Can you describe for me what your duties were as a bagger? A. Well, after it — 50-pound bags wouldfill up, it would drop off of the machine and I would just fold the ends of the bag together, run it through a sewing machine and pick it up and put it on a pallet and stack them up. Q. And so were these the bags that held the — A. The resin. Q. Could you describe for me a little bit more what the resin looked like? A. Sugar. Q. Was it the same color as sugar?

-VERITEXT CORPORATE SERVICES (800) 567-8658

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1 A. Yeah, white until it got burnt up in the socks 12 and then it would turn brown. It would get too 2

3 much heat in it. 3

4 Q. Okay. 4

5 A. Because when it would come into the hopper on 5

6 the roof it was a liquid. It was in a liquid 6

7 form, I should say. 7

8 Q. Okay. 8

9 A. And it would just disperse it into these socks 9

10 and the socks would dry it through the heat that 10

% 1 was going up and down and it was a vacuum and it 11

12 used to — like I say, it used to hold the fine 12

13 stuff in the sock and the heavy stuff would drop 13

14 down. And if it got too hot, it would scorch it 1415 and tum brown. Surprised I remember all this 15

16 stuff. 16

17 Q. I just want to make sure I understand the process 1718 as you recollect it. So the bags that you're 18

19 talking about were different than the sock? 192 0 A. Oh, yes. 2 021 Q. Okay. 21

2 2 A. The bag itself was like a cement bag, brown, 2 2

2 3 had a company name on it and everything, what was 2 3

2 4 in it, because there was different grades of 2 42 5 resin. 25

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1 Q. When you say "different grades," what do you 12 mean? 23 A. There was a fine grade, a rough grade and a 34 real course grade. 45 Q. So I gather, then, that the grades differed in 56 terms of their consistency? 67 A.Uh-huh. Yes. 78 Q. Okay. Were they the same color? 89 A. Most of the time they were all the same color. 9

10 Just like you got confectionery sugar, then 1011 you've got granulated sugar, it was basically the 1112 same thing, different grades of it. 1213 Q. Okay. Again, it was generally white? 1314 A. Yes. 1415 Q. Okay. Unless, as you say, it got burned in the 1516 process? 1617 A.Uh-huh. 1718 Q. You said there was a main floor, you were working 1819 on the main floor when you were a bagger? 192 0 A. Uh-huh. Yes. 2 02 1 Q. Was there more than one floor? 2 122 A. There was two floors to it. 22

2 3 Q. So there would be, what, an upper floor and a 232 4 lower floor? 2 42 5 A. Yes. Yes. 2 5

Q. Okay. Was the main floor the lower? A. The main floor was the floor where all the —

like the bottom of the reactors and where the bagging room was.

Q. And do you recall approximately how long you worked as a bagger on the main floor?

A. Probably about a year.

Q. Then after that I think you said you worked in the instrument room?

A. Yeah, it was up the top floor.

Q. Okay. And can you describe for me a little bit more your duties at that point?

(Mr. Newton is now present in the

deposition.) A. Well, the instrument room was mainly like a wall of instruments with all the reactor

temperatures and, you know, what was going on inside the reactor. And you just had to write

down, every hour or every half hour, whatever the instruments were reading. They were all on a graph — all the instruments were all on a graph that used to circle around by the minute and the hour. Every 24 hours, they had to be changed.

Q. And what types of things were the gauges reading? Do you recall?

A. From what I can recall, they were reading the

temperature of the water outside the reactor, they were reading the temperature inside the reactor, how much water was in it, when you had

to add water, what time you had to add chemicals to it. It was all done through valves and tubing. Q. Can you describe the reactor for me?

A. Let's see. It looked like a stretched out kettle. It was — they were round. I remember

they were — they had a — like, a tube down the

middle of it which had paddles on to catch — which would agitate everything, keep all the stuff all mixed up. And, like, the outside

temperature on the outside wall of the reactor

was hot water and that was mainly the cooking

process for how it got cooked or what they call

cook. But it was just heating up was all it was doing. It wasn't really cooking anything. And it was all under pressure.

Q. About how long did you work in the instrument room?

A. I remember I was there the day that Kennedy got killed, so it was probably about six months

after that, maybe.

5 (Pages 14 to 17)


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1 Q. Okay. During the.time you worked at Thompson 1

2 Chemical, did you have an opportunity to observe 2

3 what was going on in other parts of the facility? 3

4 THE WITNESS: Such as? 4

5 Q. Well, you said you worked as a bagger on the main 5

6 floor and you worked in the instrument room. 6

7 Let me come at it this way: Can you tell me, 7

8 generally, what other parts of the facility there 8

9 were aside from the areas you worked in? 9

10 A. Well, they had the coloring division. They 10

11 had — actually, they had two vinyl plants which 11

12 was, VI and V2. And they had another company 12

13 called C2. Everything was right on the 13

14 Hebronville plant facility. And the C2 building 14

15 made oils and stuff like that for — and one of 15

1 6 their main ingredients was a product for Colgate 1617 toothpaste. 17

18 Q. Okay. You mentioned the coloring division? 18

19 A. Yes. 19

2 0 Q. Where was that located? 2 0

21 A. It was right on that same — but it was a 212 2 different part of it. 22

2 3 Q. Was that in a separate building? 2 3

2 4 A. Yeah. Yes. 2 4

2 5 Q. Yeah is fine. When you worked for Thompson 2 5

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1 Chemical, did you have occasion to go in that 1

2 building? 2

3 A. Yes, I did. 34 Q. And for what purpose would you go in the 45 building? 56 A. I had worked there at one time in that 6

7 building. 78 Q. Oh, you worked in that building? 8

9 A. Yes. 910 Q. Okay. And what were you doing in that building? 1011 A. Well, I started off unloading freight cars. 1112 Q. And what were you unloading? 1213 A.I can't think of the name of it, but it was 1314 the main product for the colors and stuff they 1415 used over there. 15

16 Q. About how long did you unload freight cars, 1617 approximately? 17

18 A. Approximately, about four months. 18

19 Q. And was that before or after you worked in the 192 0 instrument room? 2 021 A. That was — I think that was before. 2 1

22 Q. And did you do anything else aside from unloading 222 3 freight cars with the coloring division? 2 3

2 4 A. I have to think. Yeah, I used to just go 2 42 5 around and check — check the — these things 2 5

6 (Pages 18 to 21)

here they had were big giant cookers that used to

cook the stuff that I'd dump into the - from the

freight cars, I'd dump it in a hopper in the ground and it would go by conveyer to the plant.

And they'd take the stuff and melt it down and it

was extremely hot. And that was outside the

building, but I can't remember the name of it.

Q. I'm sorry. You said you were checking something

having to do with this cooking process?

A. Outside, yeah. Just checking instruments, that's all, that was on the cooker.

Q. Okay. Was that related to your work in the

instrument room? A. No.

Q. Okay. So when you were checking the instruments

of this cooker, did you have any other duties or responsibilities at that time that you recall? A. Not that I can recall.

Q. And do you recall whether you did that before or after you did the unloading of the freight cars?

A. Well, it's what they call the graduation, you go from the freight cars to that. Q. And your work at the coloring division, was that before or after you worked as a bagger?

A. After.

Q. And was it before or after you worked in the instrument room?

A. After. Q. I think you also mentioned two vinyl plants? A. Yeah. Yes. Q. Can you describe those for me?

A. They were both identical. One was just newer than the other.

Q. Okay. When you say "two vinyl plants," are you talking about a particular piece of equipment or

a building or — A. Different building, but it was — you know,

they were side-by-side with, like, a courtyard between them.

Q. Okay. And did you have occasion to go in those

buildings? A. Oh, yeah, I used to work in both of them.

Q. Okay. And what did you do in those buildings?

A. Same thing.

Q. When you say the "same thing," I'm sorry, what do you mean?

A. Same as I was doing in the first building, bagging and checking the instruments.

Q. Okay. And when you say "checking the

instruments," again, what instruments are you


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1 referring to? 12 A. The instruments for the reactors. 2•3 Q. These two vinyl plants referred to, were they 34 also manufacturing the resin? 45 A. Yes. 56 Q. Okay. So would the process that occurred in 67 those two buildings be similar to the process 78 that you described previously? 89. _ A. Yes. 9

10 Q. Okay. 1011 A. They were both identical buildings. They just 1112 needed more product, so they put up another 1213 building. 1314 Q. And just so I'm clear, the first building that we 1415 talked about, was that one of the two vinyl 1516 plants? 1617 A. Yes. 1718 Q. Okay. 1819 A. That was VI. 192 0 Q. Oh, VI? 2 021 A. VI. 2122 Q. Okay. So there was a VI and a V2? 2 22 3 A.Uh-huh. Yes. 2 32 4 Q. And you worked in both of them at different 2 42 5 times? 2 5

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1 A. Yes. 12 Q. Okay. I think you also mentioned a C2 — 23 A. Yes. 34 Q. — building where they made oils? 45 A. They mixed up a bunch of stuff. I have no 56 idea what it was, but it came out like different 67 grades of oil and they used to filter the stuff 78 that they made, used to filter it through pressed 89 filters. And it was fed in by pressure and the 9

10 end product would go in the 55-gallon drums, 1011 different grades of it, different colors. 1112 Q. What kinds of colors? 1213 A. Oh, light gray, dark gray. 1314 Q. And, again, to your knowledge, these are 1415 different types of oils? 1516 A. Yes. 1617 Q. Did you have occasion to go in that building, the 1718 C2 building? 1819 A. Oh, yeah. 192 0 Q. Okay. And why would you go in that building? 2 021 A. After they were done, I used to break the 212 2 presses apart that filtered the oil and take all 2 22 3 the filters out and change all the filters. 2 32 4 Q. How big were the filters, can you describe them 2 42 5 for me? 2 5

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A. They were probably three-foot square by six or eight feet long, if I remember right. I think they had three of them in one room. Q. What were they made out of? THE WITNESS: Pardon? Q. What were they made out of? A. Steel. Q. So is that steel mesh? A. Well, it was mesh, but it had afilter paper on each one of the plates that used to — was in the machine. And the oil goes in under pressure, would get filtered through that material and come out the other end as oil, clean oil, no — nothing in it. Q. So is that afiltered paper — A. Yes. Q. - inside the mesh? A.Uh-huh. Yes. Q. When you say you were changing thefilters, what were you changing? A. I was changing the paper that was on them. Q. Okay. And what did you do with thefilters that you took out? A. Throw them in a barrel. Q. Do you know what happened to those barrels after

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you put thefilters in them? A. Sometimes they'd throw them in the compactor. And most of the time when they got to the oil that was left in the filters would fill up, you know, drain out in the bottom, I don't know what they did with them then, but the dry ones they'd throw into the compactor. Q. Did you ever personally observe them being put in the compactor? A. I used to put them in there. Q. So you mentioned the two vinyl plants, the coloring division which was a separate building, correct? And the C2 building? A. It was a separate building. Q. Right. Were there any other parts of the facility you worked in? A. No. If you want to call worked in taking the stuff from the vinyl plant and putting it in the warehouse, then — the warehouse was actually with a pathway from each one of the vinyl plants right into the warehouse. And you used to have to take each — how do I want to say — batch of resin that you bagged and put them in the warehouse, you'd have to put them in separate areas in the warehouse so they could be shipped

7 (Pages 22 to 25)


26 28

1 out. 1

2 Q. How big was the warehouse, approximately? 2

3 A. Oh, probably 60 feet wide and probably 3

4 350 feet long. 4

5 Q. Do you recall whether there was anything else 5

6 kept in the warehouse aside from the bags of 6

7 resin that you put in? 7

8 A. Just the stuff that they used to mix into the 8

9 resin. 9

10 Q. Were you familiar with any ofthe raw materials 10

1 1 that went into that process? 11

12 A. You mean familiar with them by name or — 12

13 MR. JACKSON: Yeah. 13

14 A. Not really, just I knew of some of the stuff 14

15 that went in it, but I wasn't really familiar 15

16 with it. 16

17 Q. Well, when you say you knew of— 17

18 . .A. Just what I was told that went into it. I — 18

19 I can't really say definitely I knew what was 19

2 0 going into it, but — 2 0

2 1 Q. Well, what were you told? 21

2 2 MR.BENIK: Objection. 2 2

2 3 A. I was told there was alcohol going in it, and 2 3

2 4 I have been told there was some cyanide going in 2 4

2 5 it. And the other stuff I don't —I don't know 2 5

27

1 what was — what they were, but they were just 1

2 little batches of, like — like, scoops of sugar. 2

3 It looked like sugar, you know. It had the 3

4 appearance of it. And other chemicals that just 4

5 went in, they used to mix up at different times. 5

6 Q. And when you say you were told these things, who 67 was it? Who told you? 7

8 A. Just different guys around the plant used to 8

9 tell me they used to dump this in and dump that 9

10 in and — 10

1 1 Q. Did you ever have occasion to observe the raw 11

12 materials that were being — 12

13 A. Oh, yeah. 13

14 Q. — mixed in the process? 14

15 So you've described the — what looked like 15

16 the sugar? 1617 A.Uh-huh. 17

18 Q. Can you describe some of the other — any of the 18

19 other raw materials that you saw being put in it? 192 0 A. No. They were all, like, in powdered form so 2 0

2 1 I have no idea what they were. 21

22 Q. Did the powders have any particular color? 2 22 3 A. Most of them were white in appearance. 23

2 4 Q. I think you described previously when you were 2 42 5 describing for me the process of making the resin 25

8 (Pages 26 to 29)

as it occurred at that time, I think you

indicated that there was a powder or residue left

over?

THE WITNESS: From the silos?

MR. JACKSON: From the silos.

A. It was the same thing, just it was in a powder form. Like, if you took sugar and you kept

rubbing it and rubbing it and rubbing it, it

would turn to powder. That's what happened up in

the socks. Q. Okay. And do you know what happened to that

powder? A. Yeah, they bagged that separately and sold it

to a different company. Q. Do you know who they sold it to? A. I have no idea. Probably companies that made the plastic.

Q. You talked earlier about putting, on occasion, barrels with the filters into the compactor. And as a result of your work in these various

buildings, do you recall what other kinds of waste materials were produced at the facility?

A. No, not really other than that. MR. JACKSON: Are you okay? THE WITNESS: Dry throat.

Q. Again, you mentioned a compactor. Do you know what company was picking up that compactor at that point? A. Goditt & Boyer.

Q. And how do you know it was Goditt & Boyer?

A. Said so on the trucks. Q. Okay. Overall, do you recall about how long you worked at Thompson Chemical, approximately? A. Approximately about three years, maybe more.

I can't really remember.

Q. And what did you do after you left Thompson Chemical? A. I think I went to work for Goditt & Boyer.

Q. Do you recall approximately when that would have

been?

A. It was probably about '64 or '65, maybe.

Q. How did you come to work for Goditt & Boyer? THE WITNESS: Do you really want to know

that?

MR. JACKSON: Yes, I do.

A. I was in a barroom drinking with Mr. Brask one

day and he asked me if I wanted to work with him.

Q. Okay. So was this a chance encounter or did you

know Mr. Brask?

A. I'd seen him in the bar I used to go to. I'd


29

30 32

1 seen him in there a quite a few times. Used to 12 play shuffleboard with him and he'd always beat 23 me. 34 Q. What did you do when you first started working 45 for Goditt & Boyer? 56 A. Well, the first week I was with him he drove 67 me in a Cadillac El Dorado convertible to 7

8 Jackson, Michigan. 89 Q. And what did you do there? 9

10 A. Picked up a truck out there that he had 10Is 1 previously purchased and brought some compactors 1112 back from the factory that made them in Jackson, 12

13 Michigan. 1314 Q. So you helped drive them back? 1415 A. Yes. 1516 Q. Okay. So you said that was the first week? 1617 A. Yep. 1718 Q. What happened after that? What did you do after 1819 that? 192 0 A.I started working on a roll-off truck after 2 02 1 that in between driving to Jackson, Michigan, and 2 12 2 doing the roll-off work. 2 22 3 Q. How many trips did you make to Jackson? 2 32 4 A. I have — I can't really remember that. Been 2 42 5 quite a few. 2 5

31

1 Q. Was it always to go to this plant that made 12 the - 23 A. Yes. 34 Q. And you were bringing back compactors? 45 A. Yes. 56 Q. How would you bring them back? 67 A. On a flatbed trailer. 78 Q. How many would you bring back at a time? 89 A. Usually two. That's all you could get on it. 9

10 Q. What size compactors were these? 1011 A. It depended on the style of machine it was. 1112 Some of them were real big and some of them were 1213 real small. The small ones you could get three 1314 on. The big ones you could only get two. 1415 Q. And the big ones, do you know what capacity those 1516 compactors were? 1617 A. They were about half the size of this table 1718 here. 1819 Q. Okay. 192 0 A. The pressure they went under, I have no idea. 2 021 It was usually around 1,800 pounds. 2 122 Q. Would these have been 50-yard compactors? 2 22 3 A. You could use them on any of the containers. 2 3

2 4 Q. Oh, I see. So these are the actual compactors? 2 425 A. The actual machine. 2 5

Q. I see. Okay. And you're not talking about the

containers?

A. Not the container, just the machine. Q. I get it. Okay.

A. Dave-made his own containers.

Q. When you say he "made his own containers," what do you mean?

A. The containers that held all the rubbish and

everything, he made them all.

Q. He manufactured them? A. Yeah. Yes. Q. Where did he do that?

A. Right in Attleboro.

Q. Was there a particular facility that he used to do that?

A. Right at the Attleboro office. There was a

row of garage doors out back. You know, it's one big building out back but they had different doors on it, and each — had a welding shop, paint shop, had everything back there, fabrication shop.

Q. Okay. And where was Mr. Brask's facility at that time? A. In the front of the building, in his office.

Q. But what was the address of the building?

A. CNeil Boulevard in Attleboro. Q. Okay. Do you know if Mr. Brask manufactured

containers at the OTMeil Boulevard address throughout the time you worked for him? A. Yes, he did. Q. So you said you made a number of trips to

Jackson, Michigan, to pick up compactors? A. Yes.

Q. First of all, how long did you work for Goditt & Boyer? Do you recall?

A. Probably about ten years. Q. Okay. We'll go back to Goditt & Boyer just to

round out the picture. What did you do after you left Goditt & Boyer?

A. I worked for numerous companies after that. I

can't — well, I went to work for Bruce

Buffington after that. Q. And what was the nature of Mr. Buffington's

business? A. Rubbish, roll-off trucks.

Q. So were you driving a roll-off truck for Mr. Buffington?

A. Yes.

Q. What prompted you to leave Goditt & Boyer to go

work for Mr. Buffington?

9 (Pages 30 to 33)


33

34 36

1 A. I wasn't really prompted. I was fired. 12 Q. Okay. And what was your understanding of what 23 prompted your firing? 34 A. I dumped one town's rubbish in another town 45 and it just happened to be that the selectmen 56 were there that day checking everything. 67 Q. I take it that was something you weren't supposed 78 to do? 89 A. Right. At the time, each town used to have 9

10 their own landfills which they don't anymore 1011 usually. 1112 Q. Do1 you recall how long you drove a roll-off for 1213 Mr. Buffington, approximately? 1314 A. Ten years. 1415 Q. And during that time, did you have any further 1516 connection with Goditt & Boyer? 1617 A. Yeah, we got most of our stops from Goditt & 1718 Boyer. I guess you could say Bruce was a 1819 contract carrier for them. 192 0 Q. Okay. We'll come back to that. So approximately 2 021 when did you stop driving for Mr. Buffington? 212 2 A. I have everything written down. It's like a 2 22 3 resume. If you want me to refer to it, lean 2 32 4 tell you exact times. 2 42 5 Q. Is that something you have with you? 2 5

35

1 A. Yes. 12 Q. Okay. Yeah, why don't you get it. 23 THE WITNESS: Would you like to see it? 34 MR. JACKSON: Why don't we - let's go 45 ahead and have that marked. 56 MR. CONNORS: Sure. 67 MR. JACKSON: Let's go off the record 78 for a minute. 89 (Plaintiffs Exhibit Number 1 was so 9

10 marked.) 1011 (A recess was taken.) 1112 MR. JACKSON: Okay. Let's go back on 1213 the record. 1314 Q. Mr. Luthy, we now marked as Exhibit 1 the 1415 document you brought with you. Can you describe 1516 for me, generally, what this document is? 1617 A. Well, basically it was — it's a resume of 1718 places that I have worked. 1819 Q. And do you recall when you prepared this 192 0 document? 2 021 A. It was right after I started working for 212 2 SeaMas which is not on here, EAC. 222 3 Q. Approximately when would that be? 2 32 4 THE WITNESS: Can I refer to this? 2 42 5 MR. JACKSON: Sure. Sure. 2 5

10 (Pages 34 to 37)

A. My memory's not really that great when it comes to dates. Q. Yeah. A. It was in '92 when I started for them. Q. Okay. So you prepared this document, then, approximately when? A. '96, when I prepared this because I had gotten laid off at SeaMas. Q. Is it fair to say that this document does not reflect your full employment history? A. It's fair to say, yes. Q. Okay. So does this document now refresh your recollection as to when you started driving for Mr. Buffington? A. Yes. Q. And when was that? A. In 73. Q. Okay. And when did you stop driving for Mr. Buffington? A.'83. Q. Okay. So now with this document in front of us, what did you do after — well, strike that. Let me just ask you one question. Since Bruce Buffington at Spencer — it says Bruce Buffington at Spencer. What is "Spencer"

referring to? A. Spencer was his girlfriend who bought into Buffington Trucking. Q. Okay. A. I think now she's his wife. Q. Okay. So what did you do after you stopped driving for Mr. Buffington? A. I went to work for Mr. Cacino, Dick Cacino. Q. And what was the nature of his business? A. Construction, heavy equipment. Q. And do you know how to spell Cacino? A. C-A-C-I-N-O. Q. What did you do for Mr. Cacino? A. Drove a truck, ran the heavy equipment. That was basically it. Q. Okay. When you say "drove a truck," what kind of truck? A. Dump truck, dump trailer. Q. And when you drove a truck, what were you doing? A. Hauling gravel, loam. Q. I'm sorry? A. Gravel and loam. Q. You mean — A. Dirt. Q. -soil?


37

38

1 A. Yeah. 12 Q. And just briefly, what kind of construction did 23 Mr. Cacino do? 34 A. He owned a couple of gravel banks. He used to 45 take — we used to dig the gravel out of the 56 banks, load it in the trucks and deliver it to 67 customers. 78 Q. So was that, then, essentially a gravel mining 89 operation? 9

10 A. Yes. 1011 Q. So how long did you work for Mr. Cacino? 1112 A. From'83 to'89. 1213 Q. Okay. And then what did you do after — well, 1314 strike that. 1415 First of all, what prompted you to leave 1516 Mr. Buffington and go to work for Mr. Cacino? 1617 A. More money, better benefits. 1718 Q. Makes sense. So what did you do after you worked 1819 for Mr. Cacino? 192 0 A. Basically I got divorced, went to Florida, 2 021 came back from Florida and started to working for 2 122 R.W. Selwyn. 2 22 3 Q. And what was the nature of that business? 2 32 4 A. Rubbish business, roll-off. 2 42 5 Q. And that was located in Providence? 2 5

39

1 A. Yes. 1

2 Q. And was there a particular area that you were 2

3 servicing at that point? 34 A. No. He, basically, was a subcontractor to 4

5 Truk Away. Used to get all of our stops through 5

6 Truk Away. 6

7 Q. Okay. And would most of those stops have been in 7

8 the Providence area? 8

9 A. Yes. 910 Q. So based on Exhibit 1, it looks like you worked 1011 for R.W. Selwyn for about a year-and-a-half? 11

12 A. Yes. 12

13 Q. Okay. And then what did you do after that? 1314 A. What did I do after that? Went to Triple R. 1415 Q. Is that sometimes referred to as Three R's? 15

16 A. Three R's, yes. 1617 Q. And what did you do for Three R's? 1718 A. Hauled rubbish. 18

19 Q. Okay. 192 0 A. Can't get away from it. 20

21 Q. Again, were you driving a roll-off at that point? 21

22 A. No, I was driving a transfer trailer. 22

2 3 Q. And can you describe that for me? 232 4 A. A transfer trailer is basically a trailer that 2 42 5 the rubbish is put into it through the top, it's 25

40

an open top, and it's mostly done at the transfer

stations. It either has a push-out blade on it,

pushes the stuff out, or it has a live floor

which would go back and forth and work the

rubbish out to the end of the trailer and dump it that way.

Q. So just so I understand, were you — I mean, your reference to transfer station, were you taking

rubbish to the transfer station? A. Negative. I was taking from the transfer

station to different locations, landfills or the

trash energy plant down at SeaMas, Rochester which is the EAC operations. Q. Stick on Three R's for the moment. Was there a

particular transfer station that you were —

A. No. No. Just anybody that needed — had a transfer station, you'd just go drive in through the pit, they'd load it up and we'd take it to either SeaMas or to a landfill.

Q. And generally speaking, was there a general

geographic area within which the transfer stations were located that you would haul from? A. Actually, they were all over. There were — some of them in Mass, some in — most of them

were in Rhode Island. Used to haul from Truk

41

Away in Rhode Island, they had a transfer station. I can't remember what it was now. Now

it's called Waste Management in — it's not Johnston. Down by the prison. I know the name of it and I can't think of it. Q. That's okay. That's fine.

A. It will come to me, though. Q. That's fine. When you were working for Three

R's, who did you report to? Do you recall?

A. Mr. Overlock, the owner. Q. And then I'll point to Exhibit 1, at some point in 1992 that business was sold?

A. Sold it to SeaMas. Q. And when you say SeaMas — A. EAC.

Q. Okay. And what was the nature of EAC's business?

A. Trash to energy. Q. And that facility was located in Rochester —

A. Yes.

Q. — Massachusetts?

A. Uh-huh. Q. What did you do for EAC?

A. Haul trash.

Q. So in this case, you were hauling trash to the —

that facility?

11 (Pages 38 to 41)


42 44

1 A. I was hauling to the facility from Truk Away

2 and other places, but what I was doing there was

3 mainly hauling from the plant to their landfill.

4 Q. Where was their landfill? 5 A. It's right up the street from the plant —

6 Q. So it's near the —

7 A.--off of Route 28. 8 Q. So it's near the

9 A. It's near the plant in Rochester, yes.

10 Q. Okay. 11 A. I would take — sometimes I'd take steel, you

12 know, from the trash and stuff that went in it. 13 And when it went into the furnace, it would

14 separate everything, what it didn't burn, and the 15 steel doesn't burn in the low temperature furnace

16 so it would all fall out. They'd put it in other

17 trailers, and especially cans and stuff like 18 that, aluminum cans and steel cans, you know,

19 soda cans and stuff like that, that was all 2 0 separated separate from the big bulky stuff. And 2 1 we'd take that from Rochester, New York, to — 2 2 Q. You mean Rochester, Massachusetts?

23 A. Rochester — I'm going to New York. From

2 4 Rochester, Mass, we'd take it from there, the 2 5 cans, and take it to a smelting plant in

43

1 Pennsylvania. 2 Q. Okay. 3 A. And then on the way back, we'd pick up stuff 4 at a trash company and take it to another place 5 and dump it there and they'd reload it. Or if

6 they didn't fill up the trailer at the first 7 place I went to in Pennsylvania, they would

8 reload so I had their proper weight to bring it 9 back to Rochester.

10 Q. Okay. And just so I'm clear, what sorts of

11 materials were going to the landfill?

12 A. Trash. 13 Q. And is t h a t

14 A. Trash was going there and big bulky stuff that 15 wouldn't burn in the furnace in the plant —

16 Q. Okay.

17 A. — so that they could make electricity and

18 send it back to the electric company. 19 Q. Right. Now, was the trash also material that 2 0 couldn't be burned?

2 1 THE WITNESS: Pardon?

22 Q. Was the trash also material that couldn't be 2 3 burned in the furnace?

2 4 A. It was just regular dump trash, you know.

2 5 Q. So when you were working for EAC, from your

12 (Pages 42 to 45)

1 testimony, it sounds like you were driving over a 2 broader area?

3 • A. Yes.

4 Q. Okay. Was that still generally in the Northeast? 5 A. Mostly in the Northeast except when I went to

6 Pennsylvania.

7 Q. Okay. And according to Exhibit 1, you left EAC 8. in 1996 because it was sold?

9 A. Uh-huh. Yes, to BFI. 10 Q. And what did you do after that?

11 A. Went to work for Ryder Transportation.

12 Q. And what were you doing for Ryder?

13 A. Oh, for about three-and-a-half years, I was in 14 what they called the pool and I'd go to different

15 companies to haul for them, you know, use their 16 truck and their equipment. Whatever it was, I

17 had — you know, I had no idea until I got there. 18 And I did that for about three-and-a-half years

19 and I got tired of it, going from company to 2 0 company and they'd call up at 12 o'clock at night 21 and say we're flying you out to Pennsylvania,

2 2 you're going to pick up a truck and drive it 2 3 back. Well, you have to go. And I got tired of

2 4 that jumping from company to company not knowing 2 5 where you're going or what you're doing. And I

45

1 stayed with Ryder, but I got attached to Key 2 Container which Ryder had the contract for 3 hauling their material and I was with them for

4 ten years. 5 Q. So is there some point in time where Ryder 6 Transportation became Lily? 7 A. No. Ryder lost the contract with Lily. 8 Q. Okay.

9 A. And I stayed on at Key Container working for 10 Lily.

11 Q. Okay. And I think you said earlier you've been

12 working for Lily for about four years?

13 A. Yes, to the present day. 14 Q. And so throughout that time once you got, as you

15 put it, attached to Key Container, you've been

16 hauling their corrugated boxes from their 17 Pawtucket facility —

18 A. Yes.

19 Q. — to various customers? 2 0 A. Yes.

21 Q. Okay. And, again, I think you said earlier

2 2 that's generally been in the Northeast?

2 3 A. Yes.

2 4 Q. Okay. Mr. Luthy, I'd like to turn back now to

2 5 when you were driving for Goditt & Boyer.


46 48

1 A. Uh-huh. Okay. 1

2 Q. I think you testified earlier that when you 2

3 started working for Goditt & Boyer you were 3

4 making occasional trips up to Jackson, 45 Michigan — 5

6 A. Yes. 67 Q. — to haul back the compactor equipment? 7

8 A. Yes. 8

9 Q. And aside from that, you were driving a roll-off? 9

10 A. Yes. 10

11 Q. And did the trips to Jackson, Michigan, continue 1112 throughout the time you were working for Goditt & 12

13 Boyer? 13

14 A. Yes, they did. 14

15 Q. Do you recall approximately how frequently you 15

1 6 made those trips? 1617 A. Depends. Sometimes once a month. Sometimes 1718 two or three times a month. 1819 Q. And did the frequency change during the time that 192 0 you worked for Goditt & Boyer? 2 021 A. It depends. They had other drivers going back 212 2 and forth. 2 22 3 Q. Okay. When you took a trip to Jackson, Michigan, 2 32 4 about how many days would that trip take there, 2 42 5 the round trip back and forth? 2 5

47

1 A. Three days usually unless the equipment wasn't 1

2 ready, then you'd have to layover. 2

3 Q. So typically about three days? 3

4 A. Yes. Back then, they didn't have the ten-hour 4

5 rule. You could drive as long as you wanted to. 5

6 I just drove until I got sleepy. Sometimes I'd 67 make it one day. Sometimes I'd make it in 7

8 three-quarters of a day. 8

9 Q. On those days that you were driving a roll-off, 910 how long was your day typically? 10

11 THE WITNESS: From when I started until 11

12 I got done? 12

13 MR. JACKSON: Yes. 13

14 A. When I started in the morning until when I got 14

15 done at night. Sometimes 6 o'clock in the 15

16 morning until sometimes 10:00, 11:00 o'clock at 16

17 night. 17

18 Q. How many days a week did you work? 18

19 A. Six. 19

2 0 Q. And was that true throughout the period you were 2 0

21 working for Goditt & Boyer? 21

2 2 A. Most of the time, yes. 2 2

2 3 Q. And during that period, did you have a set route 2 3

2 4 that you — 2 4

2 5 A. No, just wherever they told me to go. 2 5

Q. Can you describe for me generally how that

process worked.

A. Most of the time there would be a clipboard

out there on the wall. Everybody had a clipboard

with their name on it where you were going, what

you were supposed to be doing and where to dump it.

Q. So the clipboard would have a sheet of paper on

i t - • • • _ . .

A. Yes.

Q. — that would list the stops that you were to make? A. Right.

Q. And it would say where to dump?

A. Yes.

Q. Okay. Do you know who made those sheets out? A. I assumed they come from his secretary, Linda Terry.

Q. When you say "his," who are you referring to? THE WITNESS: Pardon me? Q. When you say "his," who are you referring to?

A.Mr.Brask. Q. Typically, how many stops would you make in a day? A. Anywhere from three to eight depending on how

close they were. Q. During the course of a day, was there any other paperwork that you handled?

A. No, not really, other than signing the receipts when you'd go into the landfill or

something. Q. Do you recall during that period what landfills you were using to dump the loads?

A. I was using J.M. Mills, Capuano Brothers when I first started, Truk Away, Central landfill. I

was using — occasionally I was using Cal Overlock's landfill in Berkeley. The Attleboro

landfill. Then when I'd go — when they first started there, before they did away with the town

landfills, I'd use the town landfills.

Q. Okay. And I think you testified that you were told where to dump a particular load?

A. Most of the time, yes.

Q. Were there times when that wasn't the case? A. Yeah, because you'd go to a town, you'd

normally just go to their town landfill and dump it. If you went to Peabody, you dumped at the Peabody landfill.

Q. And that's when you were picking up rubbish from the town —

13 (Pages 46 to 49)


49

50 52

1 A. Yes. 1

2 ' Q. - itself? 2

3 A. Yeah. Actually didn't make it from the town 3

4 (sic). There was companies and stores and stuff 4

5 in the town, they'd all go to the town landfill. 5

6 Q. Okay. So I understand, my understanding is 6

7 usually the sheet listed where to dump the load? 7

8 A. Yes. 8

9 Q. And did you have any understanding as to how the 9

10 decision was made as to which landfill to use for 10

11 a particular stop? 11

12 A. Wound out. 12

13 Q. What was that? 13

14 A. When I got fired. 14

15 Q. What was that? 15

16 A. When I'd dump one town's rubbish in another 16

17 town. 17

18 Q. Okay. But putting aside the town dumps, the 18

19 other landfills you talked about, J.M. Mills and 192 0 the others, Capuano, Truk Away and Central, do 20

2 1 you have any understanding as to how the decision 21

2 2 was made as to which one of those landfills to 2 2

2 3 use? 2 3

2 4 A. I just assumed that it came from the office, 2 42 5 whether Linda made the decision or Dave made it. 2 5

51

1 Q. Okay. But you don't know how they — 12 A. No. 23 Q. — arrived at that decision? 34 A. No. 45 Q. When you were driving for Goditt & Boyer, do you 56 recall whether there was any of these landfills 67 that you used more than others? 78 A. Oh, yeah. Used to use the Mills landfill more 89 than the others. 9

10 Q. Are you able to characterize how much you used 1011 J.M. Mills as compared to all the others? 1112 A. I'd say probably 60 percent more. 1213 Q. And was that true generally throughout the 1314 time - 1415 A. Yes. 1516 Q. — that you drove for Goditt & Boyer? 1617 A. Yes. 1718 Q. And just to be clear, what was David Brask's role 1819 with Goditt & Boyer? 192 0 A. He was the owner. 2 0

21 Q. And do you recall who else worked for Mr. Brask? 2122 A. His brother, Dave. 2 22 3 Q. You mean Russell? 2 32 4 A. Russell Brask. 2 42 5 Q. And do you recall what Russell's position was? 2 5

14 (Pages 50 to 53)

A. Well, I assume that if Dave Brask was the president, he was the vice president.

Q. To your knowledge, did Russell Brask have any

particular duties or responsibilities?

A. He did just about everything in the plant, in

the company. Used to sometimes tell us stops to go to, where to dump it. If you had a broken

truck, he'd tell you what truck to take.

Q. How about Ms. Terry, what was her — A. Secretary.

Q. Was there anybody else who worked in the office that you recall?

A. Not that I know of. Q. Do you recall who the other drivers were?

A. Various — various drivers. Tommy and Johnny Castello.

Q. Anybody else you recall? A. I can picture them, but I can't remember their

names. Q. Okay. That's fine.

A. Let's see. Koozey (sic) was one of them. Don't ask me his first name because I can't remember it.

Q. Okay. When you were working for Goditt & Boyer, did you have occasion to deal with David Brask on

a day-to-day basis? A. I used to see him almost every day. But as to

dealing with him — THE WITNESS: What are you referring to as dealing with him? Q. Well did you have conversations with him?

A. I had quite a few conversations with him, but it wasn't always about work.

Q. Okay. Did you have conversations with him about work?

A. Yes. Q. Okay. And what did you talk about, generally? A. What I'd do in Michigan and, you know, what

did you do with the truck today or how did it go

today or something like that. Q. Do you recall discussing with David Brask what

landfills to use?

A. Not what ones to use but where I dumped it or

something like that, you know. Did you dump here or did you dump there or where did it go? "Did

you take it to the paper stock place?" Q. So you'd be responding to his questions about —

A. Yes, mostly.

Q. When you were working for Goditt & Boyer, what

types of containers generally were you picking


53

54 56

1 up? 1

2 A. Open top containers and compactor containers. 2

3 Q. What was the capacity of the open top containers? 3

4 A. 25- to 30-yard containers. 4

5 Q. And how about the compactors? 5

6 A. Anywhere from 30 to 50. 6

7 Q. Can you describe for me, generally, the kind of 7

8 waste you picked up? 8

9 A. Mostly industrial waste. 9

10 Q. And when you say "industrial waste," are you 10

lv 1 referring to waste that you'd pick up at 11

12 industrial facilities? 12

13 A. Yes. : 13

14 Q. While you were working for Goditt & Boyer, was 14

15 there a particular geographic area that — 15

16 A. Pawtucket/Providence area. 16

17 Pawtucket/Providence area. 17

18 MR. CONNORS: Just try to to him finish 18

19 the question. 19

2 0 THE WITNESS: What? 2 0

2 1 MR. CONNORS: Just let him finish the 21

2 2 question before you answer. 22

2 3 THE WITNESS: All right. 2 3

2 4 (A discussion was had out of the hearing 2 4

2 5 of the reporter.) 25

55

1 Q. Was that generally true throughout the time you 12 drove for Goditt & Boyer? 23 A. Yes. 34 Q. Were there times that you picked up at facilities 45 outside the Pawtucket/Providence area? 56 A. Yes. 67 Q. And during that period, was there a particular 78 truck that you were assigned? 89 A. Yes. 9

10 Q. So you would generally be driving the same truck 1011 every day? 1112 A. Same truck every day. 1213 Q. And where did you pick the truck up in the 1314 morning? 1415 A. 0"Neil Boulevard at the facility, Goditt & 1516 Boyer. 1617 Q. Okay. And did you return there at the end of the 1718 day? 1819 A. At the end of every day. 192 0 Q. Okay. And what did you do with the paperwork at 2 021 that point? 212 2 A. I can't remember if I turned it into Russell 2 22 3 or — I usually turned it into Russell at the end 2 32 4 of the day. 2 42 5 Q. Do you know what he did with it? 2 5

A. I have no idea. I assumed it went to the

office.

Q. When you drove for Goditt & Boyer, were you aware

of what stops other drivers were making during the day?

A:,Not generally unless we passed each other at the landfill or something.

Q. Did you have a radio in your truck? A. Not at first.

Q. Okay. At some point, did you have a radio in

your truck?

A. Yes. Q. And do you recall about when that happened?

A. It was about halfway through when I was — from when I started at Goditt & Boyer and we

started getting the radios in. Q. And when you did get the radios, did you use that to communicate with the office? A. Yes.

Q. And what would those communications have been about?

A. If I had a problem at the company or something, I'd just call on the radio and tell

them I had a big mess to clean up, I was going to be a while. And if I had a deadline to be in a

landfill or especially the paper stock place, just tell them I couldn't make it, that I'd have to come back to Goditt & Boyer. Just general

information like that, you know, let them know what's going on. Q. And could you hear conversations between the

office and other drivers? A. No, not unless somebody held the mic open. Q. Okay. How, if at all, did your routine change

once you started working for Mr. Buffington? THE WITNESS: How often? Q. How, if at all, did your routine change when you

started working for —

A. Didn't change much. Bruce used to just — the difference is Bruce used to tell me where to dump

the load.

(Mr. Guray is now present.) MR. JACKSON: Let's go off the record

for a second.

(Off the record discussion.)

Q. Okay. Let's go back on the record. When you

were driving for Mr. Buffington, who owned the

truck you were driving?

A. Bruce Buffington did.

Q. Okay. And where was that truck parked at night?

15 (Pages 54 to 57)


57

58 60

1 A. Seekonk. 12 Q. So you would pick your truck up there in the 23 morning? 34 A. I'd drive to the house and pick it up from 45 there, yes. 56 Q. Okay. And how would you get your stops for the 67 day when you were driving for Mr. Buffington? 78 A. Bruce would usually call me at home at night 89 and tell me what I had for stops. 9

10 Q. Ahdlthinkyousaidhe would also tell you where 1011 to dump the loads? 1112 A. Yes. 1213 Q. I think you said earlier your understanding was 1314 that most of those stops were for Goditt & Boyer? 1415 A. Yes. At the time, he didn't have any stops of 1516 his own. He got everything through Goditt & 1617 Boyer. 1718 Q. So once you started working for Mr. Buffington, 1819 did you pick up trash at the same facility as you 192 0 picked up when you were driving for Goditt & 2 021 Boyer? 2122 A. Most every — all the time, yes. 2 22 3 Q. So during that period, which, again, based on 2 32 4 Exhibit 1 is now talking from 1973 to 1983 - 2 42 5 A.Uh-huh. Yes. 2 5

59

1 Q. — do you recall what landfills you were using to 12 dump your loads during that period? 23 A. Generally the same landfills. 34 Q. And during that period, did the frequency with 45 which you used J.M. Mills change or was it 56 similar to the frequency that you had used it? 67 A. It was similar. 78 Q. Did you have any understanding of how 89 Mr. Buffington decided where you were to dump a 9

10 particular load? 1011 A. I assumed that he'd got all of his stops from 1112 Goditt & Boyer and was told where to dump them. 1213 And in the meantime, he told me where to put 1314 them. 1415 Q. So when you were driving for Buffington, at the 1516 end of the day did you give your paperwork to 1617 Mr. Buffington? 1718 A. Yes. 1819 Q. And do you know what he did with it? 192 0 A. He'd turn them in at the end of the week so 2 021 that he could get paid. 2122 Q. Turn them in to? 2 22 3 A. Goditt & Boyer, Linda Terry. 2 32 4 Q. Were there other drivers who were working for 2 42 5 Mr. Buffington during this period? 2 5

16 (Pages 58 to 61)

A. Yes. Q. And do you recall who those drivers were? A. Mr. Phil Lapre and Bruce would drive himself. He had a couple other drivers that come in and drive, but I never — never got attached to know their names or anything, but just like spare drivers when he had me doing something. Q. Do you know where Mr. Buffington is today? THE WITNESS: Pardon? Q. Do you know where Mr. Buffington is today? A. I got a Christmas card from him from Florida. Q. Do you recall where in Florida? A. No, I don't. Q. Was A. If I had my wife here, she could tell you. Q. Was that this past Christmas? A. Yes. Usually get one from him every year. MR. JACKSON: This is probably a good time to break for lunch. (A lunch recess was taken.) Q. All right. Let's go back on the record. Mr. Luthy, reminding you you're still under oath. A. Okay. Q. Just a couple of follow-up questions. When you were driving for Mr. Buffington, did you ever

have occasion to visit the Goditt & Boyer office on CNeil Avenue - OTSFeil Boulevard? THE WITNESS: The office? MR. JACKSON: Yes. A. No. Q. During the time when you were driving for Mr. Buffington, did you have occasion to see David Brask? A. I used to see him occasionally, yes. Q. And where did you see him? A. Sometimes I'd stop up there and talk to some of the guys I used to work with. I'd see him there. Q. When you say "there," you mean — A. At Goditt & Boyer. Q. Okay. And so on those occasions, you would see David Brask? A. Yeah. He was just out in the - might as well say out in the yard walking around or something, talking to a few of his drivers or mechanics or the welders. Q. Do you recall that that continued throughout the time that you were driving for Mr. Buffington? A. Not that often, but it did, yeah. I used to stop in occasionally.


61

62 64

1 Q. When you say "occasionally," more than once a 12 year? 23 A. Three or four times a year, maybe. 34 Q. Do you recall when you did stop at the Goditt & 45 Boyer office would you routinely see David Brask? 56 A. Not routinely. He was mostly on the road or 67 out of town. 78 Q. But you continued to see him there on occasion? 89 A. Most of the time when I'd go there, yes. 9

10 Q. When you were driving for Goditt & Boyer, 1011 generally speaking, when you picked up a 1112 container of waste, how full would the container 1213 be, typically? 1314 A. Some of the places you'd go to they were way 1415 over full. Most of the places were probably 1516 three-quarters, seven-eighths. 1617 Q. Let's talk a little about the J.M. Mills 1718 landfill. Do you recall approximately when you 1819 first went to the J.M. Mills landfill? 192 0 A. Oh, yeah. 2 021 Q. When was that? 212 2 A. When I first started working for Dave Brask. 2 22 3 Q. Okay. And, again, I think you testified that was 2 32 4 around 1964, '65? 2 42 5 A. Somewhere in there, yes. 2 5

63

1 Q. And at that point, how frequently do you recall 12 using the J.M. Mills landfill? 23 A. Sometimes three times a day, sometimes even up 34 to ten times a day. 45 Q. So is it fair to say you were there typically on 56 a daily basis when you were driving roll-offs? 67 A. Generally, yes. 78 Q. And do you recall where the landfill was located? 89 A. Route 122 in Cumberland, Rhode Island. 9

10 Q. Do you recall how you accessed the landfill? 1011 A. From Route 122. 1112 Q. Okay. When you first started going there, was 1213 there any sort of fence or gate you had to go 1314 through? 1415 A. No. 1516 Q. At some point in time, was there a fence or a 1617 gate put up? 1718 A. There was a — I think it was a cable that was 1819 put up, but there was no fence. It was all 192 0 trailers and stuff all facing each other towards 2 021 the gate. 2122 Q. Do you recall approximately when that cable was 2 22 3 put up? 2 32 4 A. I'd say probably about three or four years 2 42 5 after I started going in there. 2 5

Q. And can you describe for me, generally, the appearance of the landfill itself when you first started going there? A. Pretty cluttered, had trailers and broken down trucks and stuff all around the entranceway going into it. Q. And when you first started going there, do you recall where in the landfill, generally, the waste was being dumped? A. When I first started going in there? It was on the left-hand side of the landfill near the Blackstone River. Q. Do you recall approximately the height of the landfill at that point? A. Ground level. Q. Did the appearance of the landfill generally change over time? A. Oh, yes. Q. Can you describe that for me? A. Looked like a big giant mountain. After about seven or eight years, it ~ I was told at one time that it was getting so high that they almost had to put a light on it for the airplanes to not hit it. Q. So I take it there's an access road off of, what

did you say, Route 122? A. Yes. Q. Can you describe for me, generally, the process you used to — you went through to dump a load at J.M. Mills? THE WITNESS: Before or after we had to sign slips? MR. JACKSON: Okay. Well, let's say when you first started. A. When we first started, we'd drive into the dirt road off the road and go up to the landfill and they'd just tell us where to dump it, you know, what position according to the way they were working it that day, compacting it. Q. So at that point, you wouldn't fill out any — there was no — A. No. Q. -dumpticket? A. No. Q. Did you have to tell anybody at that point? A. Just the guy on the machine, whoever that was that day. Q. Okay. A. All he wanted to know was a general idea of what was in it, whether it was corrugated or

17 (Pages 62 to 65)


65

66 68

1 dusty or a lot of wire or something like that in 12 it. 23 Q. So initially you would go in and dump the load 3

4 where — who directed you where to dump the load 4

5 initially? 5

6 A. The machine operator would, the dozer 6

7 operator. 7

8 Q. So you would dump the load where he told you to? 8..9 A. Yes. 910 Q. And then what would you do then? 1011 A. Dump the load, close the door and go out. 1112 Q. And, again, in this early period you've 1213 referenced somebody operating the bulldozer. Was 13

14 there anybody else working at the landfill at 1415 that point or just the one person? 15

16 A. Most of the time it was just a guy on the 1617 dozer. 1718 Q. And you don't recall his name? 18

19 A. No, they had so many of them I couldn't keep 192 0 track of them. 2 021 Q. Okay. So did there come a time when you started 212 2 getting dump tickets when you dumped the load? 222 3 A. We wouldn't get the tickets, but he would make 2 32 4 out a ticket and we'd either sign our name to it 2 42 5 or he'd just say put my initial on it, you know, 25

67

1 and we'd know what it was. 12 Q. Okay. And when you say "he" — 2

3 A. The guy that was making the tickets out at the 34 gate when they had — after they put the gate up. 45 Q. Okay. I think you said that was about three or 56 four years after you started? 6

7 A. Just about that, yeah, from what I can 78 remember. 8

9 Q. Okay. That was around the time when they first 910 started filling out slips? 10

11 A. Yes. 1112 Q. Okay. And so at that point, there was somebody 1213 at the gate? 1314 A. Yes. 1415 Q. Okay. And describe for me how that process 15

16 worked. 1617 A. Well, you'd drive off the - up to the gate 17

18 and you'd stop right where the person was in the 18

19 little — it was a trailer, he'd say, "What have 192 0 you got," and I'd tell him 50-yarder or a 2 0

21 20-yarder or whatever it was they had — whatever 2122 I had on the truck, and he'd write down the 222 3 yardage of it. And I'd either sign it or he'd 2 3

2 4 just put my "SL" on it, my initial. And once in 2 42 5 a while, they'd ask you where it came from and 2 5

18 (Pages 66 to 69)

I'd just tell them where it came from and they'd

write it on the slip and that was it.

Q. And did that process change throughout the rest of the time you were —

A. No.

Q. — driving for Goditt & Boyer?

A. No, stayed — as far as I can remember, it

stayed the same.

Q. Do you recall, generally, the hours of operation ofJ.M. Mills landfill? A. I'm pretty sure it was from 6:00 to 5:00.

Q. Do you recall how many days a week it was open? A. Six days.

Q. Was that generally true throughout the time you were using the landfill?

A. Yes.

Q. Do you recall the landfill being closed for an extended period at any time?

A. Mostlyjust on holidays, as far as I can remember.

Q. When you actually dumped a load, can you tell me a little bit more about how that process worked. Once you got up to the landfill and were ready to dump the load, what did you do?

A. I'd just drive up, wait for them to tell me —

the operator on the machine to tell me where to put it, then I'd just back up, open the door and

dump the load. And when it was done, I'd shut the door and drive back out to the gate. Q. When you opened the door — A. On the container.

Q. Okay. Did you have to get out of the cab to do that?

A. Yes. Q. Okay. And then describe for me, again, what

happened from that point. A. Well, you'd get out of the cab, you'd pull the

handle on the pin that holds the handle in, pull

the handle and if it was — 90 percent of the time it was under pressure so the back door would

just swing wide open. And it was the whole — other than the opening where the ram of the

machine went in, the compactor, it was all steel.

And you generally wanted to stay out of the

way of the door when it was swinging because you

couldn't stop it. You'd hinge it on the other side of the body of the container and then walk around to the front, get in, raise the hoist up,

dump the stuff out. And when it was done, you'd shut it.


69

70 72

1 Q. So you'd get back out? 1

2 A. You had to get back out to make sure it was 23 empty because a lot of times the stuff would 34 stick up in the nose of it. 4

5 Q. And what would you do when that happened? 56 A. Shake it. 67 Q. When you say "shake it" — 78 A. Use the hoist and just go back and forth with 8

9 the handle to make it go up and down to shake the 910 container, the compactor. 10i 1 Q. And then you would — once it was empty, you 1112 would lower it again? 1213 A. Lower it, shut the door, get in the cab, drive 13

14 back down to the — go out. 1415 Q. Okay. And did you have occasion to see what was 15

16 in the container that you were dumping? 1617 A. Oh, yeah. 1718 Q. A n d - 1819 A. Usually sometimes you'd — if it was a 19

2 0 department store, you'd walk around and see if 2 021 there was any what you would call goodies in the 212 2 load. You'd be surprised what the places throw 2 22 3 out. And, you know, just check it, if there was 2 32 4 anything any good, you'd grab something and put 2 42 5 it in the cab with you then drive out. 25

71

1 Q. And just to be clear, when during this process 12 would you have occasion to observe the waste in 23 the container? 34 A. After it was all out of the container. 45 Q. Did anyone from the landfill, from J.M. Mills, 56 inspect the loads you were dumping? 67 A. Most generally they always did, just like I 78 did, to see if there was any goodies in it. 89 Q. Okay. Do you know if the landfill had any rules 9

10 about the type of waste that they would accept? 1011 A. I had no idea about that. 1112 Q. Okay. Were you ever told that you couldn't dump 1213 a particular load at the landfill? 1314 A. No. 14

15 Q. Do you recall ever dumping at J.M. Mills after 15

16 regular hours? 1617 A. Maybe once or twice. 1718 Q. Was that after the cable was put up? 1819 A. Yes. 192 0 Q. So on those occasions, how would you access the 2 02 1 landfill? 2 12 2 A. Td usually go in through the gate. You know, 2 22 3 they'd leave the gate open because Td tell them 2 32 4 when I had the previous load in there that Td 2 42 5 probably be late. And they said, "well, we'll 2 5

leave the gate open for you," so — but when I'd

do that, it was mostly corrugated from the

department store or something like that, and they'd tell me where to dump the load. And a lot

of times I've gone in there the next day and the

load would still be there where I just dumped it,

so — but it was only because I needed the empty container for the next day.

Q. When you say because you "needed the empty

container for the next day," what do you —

A. To do the next day's work. Q. Were you aware of any other Goditt & Boyer drivers dumping at J.M. Mills after regular

hours? A. I've never seen any there.

Q. Did you know any of the individuals who worked at the landfill?

A. I knew J.M. Mills's son. Q. Okay. Do you recall his name?

A. I can't remember his first name, no. Q. All right. And how did you know him? A. Just through the landfill or just talking to him. Q. What sorts of things did you talk about, if you recall?

A. It was probably 40 years ago. You want me to remember? At one time, I talked to him about — but he wasn't working at.the landfill when I talked to him about that, though. Q. Well, let me put it this way, when you talked was

it about landfill operations? A. No, it was just general conversation.

Q. Okay. Did you ever talk to his father? A. Oh, yeah. Q. When did you talk to his father. Strike that.

Did you see his father at the landfill? A. Quite often, yes.

Q. And is that when you would talk with him — A. Yes.

Q. — when he was at the landfill?

A. Yes.

Q. And do you recall the general nature of your

conversations with the father?

A. A few times we talked to him — I talked to him about his house in Florida, just general

conversation, what was in the load and, you know,

different things.

Q. And just so we're clear, did the son work at the landfill at one time?

A. At one time, yes.

19 (Pages 70 to 73)


73

74 76

1 Q. Anybody else that you recall working at the 2 landfill?

3 A. I'd know them when I'd see them, but I can't

4 remember the names. 5 Q. I think you testified that when you started going

6 to the landfill there was usually only one person

7 there working at the landfill?

8 A. Yes. 9 Q. Okay. Let's say when you were driving for

10 Mr. Buffington, was that still the case, would 1 1 there generally just be the one person there?

12 A. No. By that time, there's usually two of them

1 3 in there or even three sometimes. 14 Q. Okay. And did that change further over time?

15 A. No, it stayed generally about the same, two or 16 three people.

17 Q. Okay. One of whom was working at the gate? 18 A. Well, if you want to put it that way, there

19 was probably four people. 20 Q. Okay. What would the other people— 2 1 A. At the landfill itself. 2 2 Q. Okay. So later there were more people actually

2 3 working —

2 4 A. Yes. 2 5 Q. at the landfill?

75

1 A. They were on — two of the guys were on the 2 compactors that compacted the rubbish down and 3 the other guy was just like a director to tell 4 you where to dump the load. Or if they had a

5 dump truck coming up with dirt to put on top of

6 the landfill, he would direct his guy to— 7 Q. Did you ever see David Brask at the landfill? 8 A. Not that I can recall. 9 Q. Were you aware that Mr. Brask had any sort of

10 business relationship with the father?

11 MR. NEWTON: Objection. 12 A. I have no idea about that. 13 Q. Are you familiar with a gentleman named Al

14 Dumont?

15 A. Yes. 16 Q. And how do you know Mr. Dumont?

17 A. Through the Attleboro landfill.

18 Q. And what was Mr. Dumont's role, to your

19 knowledge, in the Attleboro landfill?

2 0 A. I was under the assumption that he owned the 2 1 place.

2 2 Q. Do you know whether David Brask had any sort of

2 3 relationship with Mr. Dumont?

2 4 MR. DUMONT: Objection.

2 5 A. I know they were friends but as business

20 (Pages 74 to 77)

1 relationships, I have no idea.

2 Q. Do you recall ever seeing Mr. Dumont at the J.M. 3 Mills landfill?

4 THE WITNESS: Pardon?

5 Q. Do you recall ever seeing Mr. Dumont at the J.M.

6 Mills landfill?

7 THE WITNESS: Before or after the

8 Attleboro landfill closed?

9 MR. JACKSON: Well, first let's say 10 before it closed.

11 A. No. 12 Q. How about after?

13 A. After, yes.

14 Q. Okay. And do you know what Mr. Dumont was doing

15 at the 16 A. Working. 17 Q. So he worked there?

18 A. He was driving a truck. 19 Q. Okay. Do you recall approximately when that was? 2 0 A. No, I don't.

21 Q. Do you know approximately when the Attleboro

2 2 landfill closed? 2 3 A. Quite a few years after I got out of the 2 4 business. Honestly, I don't know exactly when it

2 5 closed.

77

1 Q. Okay. The period when you understood Mr. Dumont 2 to be working at the J.M. Mills landfill, do you 3 recall whether that was when you were driving for 4 Mr. Buffington?

5 A. No, I didn't say he was working at.the 6 landfill. I said I had seen him in theredriving

7 a truck. 8 Q. Oh, okay. Okay. And what kind of truck was he

9 driving? 10 A. Roll-off truck. 11 Q. Oh, okay. So you saw him dumping loads?

12 A. No, I didn't. 13 Q. Okay. So what was he doing?

14 A. I saw him outside the landfill.

15 Q. He was outside the landfill? 16 A. Yeah, sitting in a truck and I just happened

17 to bump into him. 18 Q. Okay.

19 A. I had seen him a couple other times at a CVS 2 0 picking up a container at CVS and that's when I

21 asked him what he was doing driving a truck and I

2 2 haven't seen him since. That was 12, 13 years

2 3 ago.

2 4 Q. Okay. But so I'm clear, you recall Mr. Dumont in

25 a roll-off truck at the J.M. Mills landfill?


78 80

1 A. He was sitting in a truck at the J.M. Mills 12 landfill. 2

3 Q. Okay. And I think you said it was — 3

4 A. Or where it used to be. I don't — 4

5 Q. Right. Well, do you recall when you saw Mr. 5

6 Dumont there, was it while the J.M. Mills 6

7 landfill was in operation? 78 A. No. 8

9 Q. Do you recall seeing Mr. Dumont at the J.M. Mills 910 landfill while it was in operation? 10

M A. No. 1112 Q. Let's talk about some of the customers you picked 1213 up waste from. When you first started working 13

14 for Goditt & Boyer driving roll-offs, do you 1415 recall at that point who some of the companies 1516 were that you picked up waste from? 16

17 A. Yes, I do. 1718 Q. Okay. Can you identify those for me? 1819 A. Telenor Apex, Apex department stores, a lot of 192 0 Stop & Shops, Peterson Puritan, I think it was 2 021 Blackstone Valley Electric. There's a ton of 212 2 other places, you know, like little places I used 2 22 3 to pick up. 2 32 4 Q. Okay. Let's talk about Teknor Apex. So you 2 42 5 recall picking up waste from the Teknor Apex 2 5

79

1 facility? 1

2 A. Yes. 2

3 Q. Okay. And where was that? 3

4 A. Pawtucket, Rhode Island. I'm trying to think 4

5 of the name of the street. Mendon Road. 5

6 Q. What do you recall about that facility? 6

7 THE WITNESS: The location of it o r - 7

8 MR. JACKSON: W e l l - 8

9 THE WITNESS: What was in the load or 9

10 what? 10

11 Q. Well, let's do it this way. Did you have an 11

12 understanding of what kind of products they made 12

13 at that facility? 13

14 A. They used to make rubber for the Bandag (ph) 14

15 recap truck tires. 15

16 Q. Can you describe for me generally how big the 16

17 facility was? 17

18 A. It took up one whole town block and it was 18

19 located on Central Avenue. 19

2 0 Q. Do you recall was there more than one building? 2 0

2 1 A. Yes. 21

22 Q. When you first started picking up waste at this 2 2

2 3 facility, do you recall what kind of containers 2 3

2 4 they had? 2 4

2 5 A. He had anywhere from a 48-yard container to a 2 5

50-yard container or, I should say, from 40- to 50-yard container.

Q. Do you recall, at that point did they have one

container or more than one container?

A. They had one compactor at the Central Avenue

location. And across the street, they had an

open top container. And Tim's warehouse on Mendon Road, there they had an open top.

Q. So that would be a 30-yarder? A. Yes.

Q. Do you recall over what period of time you picked up waste from the Pawtucket facility? A. Generally, it was the whole time I was working

for Bruce Buffington and Goditt & Boyer, but I didn't pick them up every day. Q. When you — strike that.

Did the number or size of the containers

change over that period you were picking up waste there? A. Yeah, it depended on what they had empty for

that day. You'd go down to Teknor Apex with an empty compactor body. Q. Okay. A. You'd drop that off on the ground. You'd pick

up the full one, drop that on the ground, pick up

your empty, put it in a place, then clean up, then pick up the full one. Q. Okay. A. That was generally the way it was done, but sometimes when you didn't have an empty container

you'd just hook onto the one that was at the plant, take that to the landfill, dump it and

bring it back and put it in place. Q. Okay. But throughout the time you were going there, did they generally have the one compactor?

A. They had just that one, yes. Q. Okay. And when you first started picking up

waste there, do you recall how frequently you picked it up?

A. Sometimes every day. Sometimes twice a day.

Q. Okay. And did that change over time? A. No. It usually stayed about the same.

Q. Okay. So your recollection is that one was

picked up on a daily basis?

A. It was almost definitely picked up almost definitely every day. Sometimes it was — like I say, sometimes it was twice a day depending on — I guess on what they ran in the plant, but most of the time it was once a day. Q. And on those days when for whatever reason you

21 (Pages 78 to 81)


81

82 84

1 didn't pick up that container, do you know if

2 another Goditt & Boyer driver would pick it up?

3 A. Oh, yeah. 4 Q. Do you know whether that was a scheduled stop?

5 A. Yes, it was. 6 Q. And do you recall, generally speaking, when you

7 picked up that container how full was it?

8 A. It was full or over full. 9 Q. And did you have occasion to observe what was in'

10 that container?

11 A. 99 percent of the time, yes. 12 Q. Okay. And tell me what you recall seeing in the

13 container. 14 A. Pallets, empty bags of powder. I have no idea

15 what was in them, but different chemicals I used 16 to use to make the rubber, dust, resin, dirty

17 resin from the floor. 18 Q. Anything else you recall?

19 A. Not generally. Sometimes there might have 2 0 been some fiber drums in there. 21 Q. The bags that you mentioned, can you describe for

22 me what those looked like? 2 3 A. They looked like a 50-pound cement bag.

2 4 Q. Do you recall whether the bags had any markings 2 5 on them?

83

1 A. Yeah, they had Thompson Chemical on them that, 2 you know, that were stuff that they used to bag 3 up in VI and V2 at Hebronville. Lamp black, just

4 a black powder they used to make white to 5 black — you know, white resin to black resin for

6 the rubber caps. 7 Q. So would the bags some of them say "Thompson 8 Chemical" on them?

9 A. I think they said "Apex" on them. 10 Q. Do you recall how often you'd see these bags in

11 the container? 12 A. Every time you picked the container up.

13 Q. And how much of a load would typically consist of 14 these bags?

15 A. I'd say probably 75 to 80 percent of it was

16 bags. The rest of it just general stuff on the 17 floor and pallets and stuff.

18 Q. Okay. I think you mentioned dust as well?

19 A. That's the resin. 2 0 Q. Oh, so the dust and the resin were the same

21 thing? 22 A. Yeah.

2 3 Q. Okay. And can you describe for me what that 2 4 looked like? 2 5 A. Sugar.

1 Q. So that was similar to the sugary looking

2 substance you described previously — 3 A. Yeah.

4 Q. — when we were talking about Thompson?

5 A. It looked like sugar and flour and stuff like

6 that.

7 Q. And was the dust or resin loose in the container?

8 A. Sometimes. 9 Q. Sometimes not?

10 A. Well, it was just when you'd empty a bag you

11 don't get all of it out, then you throw it into a

12 rubbish container it all dumps out, so — 13 Q. The dust or the resin, do you recall whether it

14 had an odor — 15 A. No.

16 Q. — associated with it? 17 I think you described dirty resin from the

18 floor?

19 A. Uh-huh. 2 0 Q. And can you tell me a little bit more about what 2 1 that looked like? 2 2 A. Looked like dirty salt, dirty sugar.

2 3 Q. So this would have been resin that would have 2 4 been swept up from the floor?

2 5 MR. BENTK: Objection.

85

1 A. From the floor, yes. 2 Q . I think you also mentioned occasionally seeing 3 fiber drums? 4 A. Yes.

5 Q. Do you recall what size drums they were?

6 A. Probably 20-gallon drums. 7 Q. Do you recall whether the drums had markings on 8 them?

9 A. Mostly they were just plain fiber drums. 10 Q. Do you recall seeing any of the drums with

11 markings on them? 12 A. No.

13 Q. Could you see whether the drums had anything in 14 them?

15 A. I could see where they had had, like, resin

16 and stuff in them, but I — not as ~ nothing was 17 left there other than what they couldn't scrape

18 out or get out, dump out. You know, like around

19 the seam where it sticks, couldn't get it out, 2 0 they'd just dump it.

21 Q. So you're saying there would be some material 2 2 inside the drum they couldn't get out?

2 3 MR. BENIK: Objection.

2 4 A. Very little, if any.

2 5 Q. Do you recall how often you saw these drums?

22 (Pages 82 to 85)


86

1 A. Just about every time you picked it up. 1

2 Q. Do you recall typically how many of these drums 2

3 you would see in a load? 3

4 A. Five, ten. 4

5 Q. Are you familiar with Speedy Dry? 5

6 A. Yes. 6

7 Q. Do you recall ever seeing Speedy Dry in the 7

8 container? 8

9 MR. BENIK: Objection. 9

10 A. I can't really remember, but I imagine it 10

11 would be with the — mixed up with resin and 11

12 stuff, the dust. 12

13 Q. But you don't recall — 13

14 MR. BENIK: Move to strike. 14

15 Q. You don't recall right now? 15


17 THE WITNESS: Huh?' 17

18 Q. You don't recall right now? 18

19 A. No. 19

2 0 Q. Do you recall seeing any rags in the container? 2 0

2 1 MR. BENIK: Objection. 21

2 2 A. Maybe three or four rags or something like 22

2 3 that, but it depends on — they get mixed up with 23

2 4 stuff, you can't see everything. 2 4

2 5 Q. Do you recall ever seeing any paint waste? 25

87


2 A. No. 2

3 Q. Do you recall seeing any other containers aside 3

4 from the drums you've already told me about? 4


6 A. No. 6

7 Q. Generally speaking, did the types of waste that 7

8 you observed in that container change over time? 8

9 A. Yeah, somewhat. 9

10 Q. And describe for me generally how it changed. 10

11 A. They were just throwing a lot of the rubber 11

12 caps out from the other plant into there. 12

13 Q. When you say "the other plant," what are you 13

14 referring to? 14

15 A. Across the street where they used to make the 15

16 caps for the rubber ~ for the truck tires. 16

17 Q. Okay. And were those still part of the Pawtucket 17

18 facility? 18

19 A. Yes. 19

2 0 Q. Okay. What did these caps look like? 2 0

2 1 A. They looked like the rubber tire caps you see 21

2 2 on the highway from truck tires. 22

2 3 Q. Okay. So I'm a little confused. Did you see 2 3

2 4 those caps in this compactor we're talking about? 2 4

2 5 A. Yes. 2 5

88

Q. Okay. Any other ways in which the — generally speaking, the type of waste in the container

changed —

A. No. Q. — over time?

Do you recall when you picked up that container where you dumped the load?

THE WITNESS: The Apex container? MR. JACKSON: Yeah.

THE WITNESS: The one on Central Avenue? MR. JACKSON: Yes.

A. Usually it went to J.M. Mills.

Q. When you say "usually," were there times when it went to — you recall to another landfill?

A. I think I've taken it - I'm not sure, but I think I've taken it to the Central landfill a couple of times.

Q. Anyplace else you recall taking it? A. No.

Q. Okay. So as I understand your testimony, you're saying that that usually went to J.M. Mills?

A. Yes. Q. Okay. Is that true throughout the period you were picking up — A. Yes.

89

Q. — that container? And I think you talked about the compactor —

I think you said that there was another

container, an open top container? A. Yes.

Q. You said across the street? A. Yeah. Q. Can you tell me about that one?

MR. BENIK: Objection. Q. Okay. Strike that.

Do you recall how often you picked up that

container? A. Probably two or three times a month.

Q. And I think you testified that that container was at a building across the street?

A. Yes.

Q. Okay. And as I understand it, you indicated that

that was associated somehow with caps that they needed for tires? A. Yes.

Q. Okay. What was the basis for that understanding?

A. They looked like tire caps.

Q. Okay. Let me put it this way, did you have occasion to see what was in that container when you picked it up?

23 (Pages 86 to 89)


90 92

1 THE WITNESS: The one at the building 1

2 across the street? 2

3 MR. JACKSON: Yes. Yes. Yes. 3

4 A. Oh, yeah. 4

5 Q. So describe for me what you recall seeing in that 5

6 container. 6

7 A. It was mostly all metal. 7

8 Q. And when you say "mostly all metal," can you 8

9 describe for me a bit more what it was, what you 9

10 recall seeing? 10

11 A. Angle iron, flat pieces of steel, pieces of 11

12 rushed steel that they've cut off of some of the 12

13 conveyer belts and stuff in the plant, tin, metal 13

14 drums rusted, just general metal scrap. 14

15 Q. The metal drums, what size were the drums? 15

16 A. 55-gallon drums. 16

17 Q. And do you recall observing whether there was 17

18 anything in the drums? 18

19 A. Rust. 19

2 0 Q. Anything else you recall seeing in that 2 0

2 1 container, the 30-yarder? 21

2 2 A. Once in a while, they threw a couple of 2 2

2 3 pallets or something in it. 2 3

2 4 Q. Okay. I think you said you picked that one up 2 4

2 5 roughly two to three times per month? 2 5

91

1 A. Depended on how much repair work they did in 1

2 the plant, but generally it was two or three 2

3 times a month. 3

4 Q. And do you recall when you first picked up that 4

5 container, the 30-yarder? 5

6 A. Probably when I first started working for 6

7 Dave. 7

8 Q. And do you recall, did you continue to pick up 8

9 that particular container throughout the time you 9

10 drove for Goditt & Boyer? 10

11 A. Yes. 11

12 Q. Did you continue to pick it up during the time 12

13 that you drove for Mr. Buffington? 13

14 A. Not that often. 14

15 Q. Okay. During that period, do you recall how 15

16 often you picked it up? 16

17 A. Could be once every two or three months, 17

18 something like that. 18

19 Q. Do you recall, when you picked up that container, 19

2 0 generally speaking, how full was it? 2 0

21 A. It was full up to water level, to the top. 21

22 Q. And on those occasions when you picked up that 22

2 3 container, do you recall where you dumped those 2 3

2 4 loads? 2 4

2 5 A. Stateline Scrap. 2 5

Q. Okay. I think you also mentioned Tim's warehouse?

A. Yeah. Yes.

Q. And was it your understanding that that was

associated with the Pawtucket facility?

A. Yes. Q. Okay. Tell me what you recall about Tim's

warehouse. Did you have an understanding of what sort of activity took place at Tim's warehouse?

A. I had no idea what that place did.

Q. Okay. Where was Tim's warehouse in relation to the other parts of the facility?

A. It was probably a block-and-a-half down the street from Central Avenue on Mendon Road in Pawtucket, Rhode Island.

Q. And about how big was it? Do you recall? A. They used to park their trucks and stuff in

there. I'd say a half a city block. Q. Do you know why it was called Tim's warehouse? A. I guess because Tim ran it.

Q. Did you know anybody named Tim? A. No.

Q. Okay. I think you said that you used to park trucks there?

A. Their own trucks, yes.

Q. Did you observe trucks parked — A. They still park there. Q. Okay. Do you know whether they did any truck

maintenance at that location? A. They used to. Q. And when you say "they used to," dp you know —

when are you referring to? A. The whole time I worked for Goditt & Boyer, they did. They did up until, probably, four or

five years ago. And I'm pretty sure that they

contracted all the maintenance work on the trucks out to Ryder.

Q. But while you were working for Goditt & Boyer and for Mr. Buffington, your understanding was that

they did some truck maintenance at that location?

A. Yes. Right. Q. So let's go back to the compactor for a moment.

Were there any particular procedures for when you picked up that particular container?

THE WITNESS: As procedures, what do you mean?

Q. Did you have to check in with anybody at the facility when you picked it up?

A. No, not usually.

Q. Was there any sort of paperwork you had to fill

24 (Pages 90 to 93)


93

94 96

1 out? 12 A. No. 23 Q. Okay. So you would just pick it up and — 34 A. I'd have to notify whoever was on the dock 45 that I was picking up the container, that's all. 56 Q. Okay. 67 A. And that person changed every day. 78 Q. How about at Tim's warehouse, was there any 89 particular procedure for picking up that 9

10 container? 1011 A. Yeah. I'd have to notify whoever was on that 1112 I was picking it up and they had to move their 1213 trucks. 1314 Q. So you had to notify somebody who worked at that 1415 building? 1516 A. Yes. Like the foreman or whoever was on that 1617 was picking that up, but they already knew who 1718 was picking it up anyway. They generally tried 1819 to have their trucks out all the way. 1 9 '2 0 Q. And that was a 30-yard container — 2 021 A. Yes. 212 2 Q. — at Tim's warehouse? 222 3 Do you know whether that was a scheduled 2 32 4 stop? 2 42 5 A. It's whenever it was full. 2 5

95

1 Q. Okay. So is that sometimes referred to as on 1

2 call? 2

3 A. Yes, it's on call, I would say. 3

4 Q. So as far as you know, that was an on call? 4

5 A. Yes. 5

6 Q. Okay. And when you were driving for Goditt & 6

7 Boyer, do you recall how frequently you picked up 78 that container at Tim's warehouse? 8

9 A. Like I say, it was on call. I can't remember 910 how frequently it was picked up, but it wasn't 10

11 just picked up by me. It was picked up by other 11

12 drivers. Sometimes I wouldn't get it for a year. 1213 Q. Did you have any understanding as to overall how 13

14 frequently it was picked up? 1415 A. No. 15

16 Q. But your understanding was it was picked up by 16

17 other Goditt & Boyer drivers as well? 1718 A. Yes. 18

19 Q. And did you have occasion to pick up that 192 0 container when you were driving for 2 0

21 Mr. Buffington? 2 1

2 2 A. I don't think so. 2 2

2 3 Q. Did you have occasion to observe the waste that 2 3

2 4 was in that container? 2 4

25 A. Yes. 2 5

Q. And what do you recall observing in that container?

A. Empty bags, resin, drums, almost the same

thing that was in the compactor. Q. So the empty bags would be the same kind of

bags — A. Yes.

Q. — we talked about previously? A. Yes.

Q. And the drums, again, similar to the drums that

you testified about with respect to the

compactor? A. Fiber drums, same thing. Q. Do you recall seeing any waste in that container

that you associated with truck maintenance?

MR.BENIK: Objection. A. Truck parts, broken truck parts and stuff like that.

Q. Do you recall seeing any used filters? " MR. BENDC: Objection.

A. Air filters, yes. Q. Do you recall seeing any rags in that container? MR. BENIK: Objection. A. I've seen rags in the container, yeah. Q. Do you recall how often you saw rags in that

container? A. Just about every time you picked it up. Q. Can you describe for me what they looked like?

A. Looked like rags that a mechanic had wiped his hands on to get the grease and stuff off. Q. Okay. For this container that we're talking

about now, the 30-yarder, do you recall generally how much of the container would have consisted of

the empty bags? A. Probably 50 percent of it.

Q. And do you recall how often you saw the drums in

this container? A. Seen two or three of them every time you'd

pick it up. Q. How about the rags, how much of the load would

typically consist of the rags?

A. Probably a handful. Q. When you picked up this particular container, do

you recall where you disposed of the loads? A. Mills, J.M. Mills.

Q. Okay. So we've talked about the Pawtucket facility, we've talked about the compactor, we've talked about the 30-yard container, the building across the street that had the scrap metal and we've talked about Tim's warehouse, 30-yard

25 (Pages 94 to 97)


97

98 100

1 container there. Any other containers at the 1

2 Pawtucket facility that you recall picking up? 2

3 A. Nothing that I had anything to do with. 3

4 Q. Okay. All right. Going to have you look at some 4

5 documents. 5

6 (Plaintiffs Exhibit Number 2 was so 6

7 marked.) 7

8 Q. Okay. Mr. Luthy, I'm handing you what's been 8

9 marked as Exhibit 2. Let's just look at the 9

10 first page for a moment. And let me direct your 10

11 attention to the lower right-hand comer. Can 11

12 you, describe for me generally what that is? 12

13 MR. CONNORS: Did you say lower 13

14 right-hand? 14

15 MR. JACKSON: I'm sorry. Lower 15

16 left-hand corner. My apologies. My apologies. 16

17 A. It's a receipt for Apex packer. 17

18 Q. And what does "Apex packer" refer to? 18

19 A. The container that is dumped in the landfill. 19

2 0 Q. When it says "Apex packer," would that refer to a 20

21 particular container at a particular facility? 21

2 2 A. Apex, which according to this, what I 22

2 3 understand from this right here, would be — it's 23

2 4 a roll-off, so it would be the compactor at 2 4

2 5 Central Avenue. 2 5

99

1 Q. That's the Pawtucket facility? 1

2 A. Yes. 2

3 Q. That's the compactor you talked about previously? 3

4 A. Yes. 4

5 Q. Okay. And do you see your handwriting on there? 5

6 A. Yes. 6

7 Q. Okay. And where do you see it? 7

8 A. Lower left-hand corner. 8

9 Q. And what does that say? 9

10 A. "Sonny." 10

11 Q. Okay. And what is "Sonny"? 11

12 A. Well, it's a name my mother gave me when I was 12

13 born. She didn't want me to be called Henry, she 13

14 didn't want me to be called Junior, so she called 14

15 me Sonny. 15

16 Q. So Sonny refers to you? 16

17 A. Yes. 17

18 Q. Okay. So is that your signature? 18

19 A. Yes, it is. 19

2 0 Q. Okay. At the top, there's a date. Do you agree 2 0

2 1 with me? 21

2 2 A.Uh-huh. 222 3 Q. And can you tell what the date is on this one? 2 3

2 4 A. It's 11/17/80,1980. 2 4

2 5 Q. Okay. And at that point, you were driving for 2 5

26 (Pages 98 to 101)

Mr. Buffington? A. I'm pretty sure I was, yes.

Q. Okay. And then below that, it says — appears to be "Goditt & Boyer"?

A. Yep. Yes, it does. ,.., Q. And can you tell what it says below that?

A. It says "Buffington."

Q. Okay. And what does it say below that?

A. Looks like "Truck Number 3."

Q. Do you know what that would refer to?

A. That was the number of Bruce Buffington's truck.

Q. So would that have been the truck you were driving?

A. Yes.

Q. Now, the other handwriting on here, aside from your signature, is that your handwriting? A. No, it isn't.

Q. Okay. Do you know who would have filled that out?

A. Probably the guy on the gate at Mills. Q. So he would have written down "Apex packer"?

A. Yes. Q. And how would he have known to write down Apex packer?

A. Because you tell him where it comes from.

Q. So in this case, you would have told him? A. Yes. Q. Okay. And how would you refer to this document? What would you call it? A slip? A ticket?

A. It's a ticket that they fill out when-you go into the landfill.

Q. Okay. So this particular ticket would indicate that you dumped the load on this date at J.M.

Mills? A. Yes. Q. And a load that you dumped at Apex packer?

A. Yes.

Q. Let's look at the next page. Let's look at the upper left-hand comer, Ticket Number 52459. And

do you see your signature on that, Mr. Luthy?

A. I see it there.

Q. Okay. Is that your signature? A. Probably is. It's similar to mine, but I — I

never write my name the same way twice, so it

probably is my signature.

Q. Okay. And where was this load from, according to the ticket?

A. Apex packer.

Q. And, again, would that refer to the same


101

102 104

1 container — 1

2 A. Same company. 2

3 Q. —that we were just talking about? 3

4 Okay. So, again, that would indicate that on 4

5 the date indicated on the ticket that you dumped 5 '

6 that container at J.M. Mills? 6

7 A-Yes. 7

8 ' \ . MR. JACKSON: Okay. All right. Mr. 8

9 Luthy, I think what we're going to do at this 9

10 point is we're going to take a little break. 10

11 Rather than you and I sitting here going through 11

12 these one by one, I'm going to ask you to look 1213 through these. Okay. And I will represent to 13

14 you that on each of these pages I believe there's 1415 at least one dump ticket with your signature 15

16 related to Apex packer. So why don't you look 16

17 through them, take as much time as you need and 17

18 then we'll come back and I'll ask you a few 18

19 questions so we can try to get through this more 19

2 0 efficiently. 2 0

2 1 THE WITNESS: Okay. 2 1

22 (A recess was taken.) 2 2

2 3 MR. JACKSON: Okay. Let's go back on 2 3

2 4 the record. 2 4

2 5 Q. Mr. Luthy, first let me — I want to review the 2 5

103

1 process that you typically went through at the 12 landfill in filling out these dump tickets. 23 So you would drive up to the gate? 34 A. Correct. 45 Q. And review for me what would happen at that point 56 with respect to the ticket. 67 A. Well, the guy would come out of the guard 78 shack there and ask where it was from and you'd 89 tell them where it was from. Most of the time he 9

10 could tell by the size of the container what size 1011 it was. Sometimes he'd just ask what size, where 1112 it was from and he'd hand me the slip, I'd sign 1213 it. A few of them I probably didn't sign, they 1314 just put "SL" on them. And I'd proceed up into 1415 the landfill to dump the load. 1516 Q. Do you recall what happened to the dump ticket 1617 after you signed it? 1718 A. I don't know. I was away from the shack when 1819 he went back in. I don't know what he did with 192 0 it. 2 021 Q. Do you recall whether you kept a copy? 2122 A. I don't think so. I don't think I kept a 2 22 3 copy. 2 32 4 Q. Okay. 2 42 5 A. I think maybe on Bruce Buffington I did 2 5

because he had to turn in to Dave Brask at the

end of the week what he had done for the week.

Q. Okay. And, again, the dump tickets that we had here, which I will represent to you I've generally tried to put in chronological order —

-and so these dump tickets would be from the time you were driving for Mr. Buffington?

A. Yes.

Q. Okay. So have you had an opportunity now to

review all the documents in Exhibit 2? A. Yes.

Q. Okay. And would you agree that there are a number of dump tickets in here that say "Apex

packer"? A. Quite a few.

Q. And Apex packer, in each case, would refer to the container, the compactor?

A. The compactor, yes. Q. At the Pawtucket facility? A. Yes. Q. Okay. So would each one of the dump tickets that says "Apex packer" with your signature on it represent an instance in which you dumped that container at J.M. Mills? A. Right.

Q. And I think you testified that you started picking up that container sometime back in the

mid-'60's? A. Yes.

Q. So would there have been other dump tickets from loads that you — from that container that you dumped at J.M. Mills prior to November of 1980? A. Yes. Q. Okay.

(Plaintiffs Exhibit Number 3 was so marked.) Q. Okay. Mr. Luthy, I've handed you what's been

marked as Exhibit 3 and I will direct your attention to the ticket in the upper right-hand

corner, Number 59141. Do you recognize the

signature?

A. Yes, I do.

Q. Is that your signature? A. Yes, it is.

Q. And can you tell what it says above that?

A. It says "roll-off, Tim's warehouse."

Q. Okay. And would "Tim's warehouse" refer to the

location that you testified about earlier?

A. Mendon Road, yes.

Q. Okay. Let's look at the next page, lower

27 (Pages 102 to 105)


105

106 108

1 right-hand comer, Number 58764. Is that your 12 signature? 23 A. Yes, it is. 3

4 Q. And where did that load come from, according to 45 the ticket? 56 A. Tim's warehouse. 67 Q. Okay. Let's look at the next one, upper 7

8 left-hand comer, 47467. Is that your signature? 89 A. Yes, it is. 9

10 Q. Okay. And can you tell what it says above that? 1011 A. "Tim's." 1112 Q. Wpuld that also refer to - 1213 A. Tim's warehouse. 1314 Q. Okay. Look at the next page, lower right-hand 1415 comer, Number 43463. Is that your signature? 15

16 A. Yes, it is. 1617 Q. Okay. And can you tell what it says above that? 1718 A. "Tim's warehouse." 1819 Q. Next page, lower left-hand comer, Number 43611. 1 92 0 Is that your signature? 2 02 1 A. Yes, it is. 2 122 Q. Okay. And can you tell what it says above that? 2 22 3 A. "Tim's warehouse." 2 32 4 Q. Okay. Next page, lower right-hand comer, Number 2 42 5 42895. Is that your signature? 2 5

107

1 A. Yes. 1

2 Q. And can you tell what it says above that? 2

3 A. "Tim's." 3

4 Q. Okay. And again — 4

5 A. Warehouse. 5

6 Q. And next page, lower right-hand comer, 39378. 6

7 Is that your signature? 7

8 A. Yes, it is. 8

9 Q. And can you tell what it says above that? 9

10 A. "Tim's warehouse." 10

11 Q. Okay. And going back to the first page, can you 11

12 make out the date on that one? 12

13 A. 2/11/81. 13

14 Q. And was that during the time period when you were 14

15 driving for Mr. Buffington? 15

16 A. Yes, it was. 16

17 Q. Okay. So do each of these represent a load from 17

18 Tim's warehouse, the 30-yard open top that you 18

19 dumped at J.M. Mills? 19

2 0 A. Correct. 2 0

21 Q. Okay. Mr. Luthy, do you recall something called 21

2 2 Apex dust? 22

2 3 A. That was — I'm pretty sure it referred to 2 3

2 4 Tim's warehouse. 2 4

2 5 Q. You think so? 25

28 (Pages 106 to 109)

A.Uh-huh. I think.

Q. Let's take a look at this. (Plaintiffs Exhibit Number 4 was so

marked.) Q. Okay. Mr. Luthy, you've been handed what's been

marked as Exhibit 4. Let's look at the first

page. Direct your attention to the upper

left-hand comer, Ticket Number 51865. Is that your signature?

A. Yes, it is. Q. Okay. And can you tell what the ticket says

about the origin of this load? A. Says "roll-off and "Apex dust."

Q. Okay. And your recollection is that the Apex dust refers to Tim's warehouse?

MR. BENIK: Objection. A. To my recollection, I'm pretty sure it is, but

I'd have to — I'd have to go home and think

about that one. Q. Okay. Well, let's put these aside for a minute then. We've talked about the Teknor Apex

Pawtucket facility?

A.Uh-huh. Q. Do you recall whether you picked up waste from any other Teknor Apex facilities?

THE WITNESS: You mean that Apex owned

or operated? MR. JACKSON: Well let's start with that, yeah. A. They owned Tower Iron. That was a roll-off

with mostly pallets in it. MR. BENIK: Objection. Could you repeat that. I'm sorry. I didn't get that. Could you

repeat that answer again. They own what? A. They owned Tower Ironworks.

MR. BENIK: Tower? THE WITNESS: Tower.

A. And the Apex store in Pawtucket, I'm pretty sure they owned that one, too. Same name. And

the Apex trucks used to deliver merchandise

there. Q. Okay. The Apex store?

A. Department store, yes.

Q. So it was a department store? A. Yes.

Q. Do you recall where that was located?

A. Downtown Pawtucket, Rhode Island, which is now the registry.

Q. So you recall picking up waste at that location?

A. Uh-huh. Yes.


109

110 112

1 Q. Do you recall what kind of container they had

2 there? 3 A. 50-yard compactor container.

4 Q. Do you recall when you first picked up waste

5 there?

6 A. When the store opened, I think. I can't

7 remember the year. 8 Q. Okay. Do you recall, would that have been when

9 you were driving for Goditt & Boyer?

10 A. Yes, it was. 11 Q. Okay. Do you recall how often you picked up that 12 compactor?

13 A. Most of the gauges on the machines were set at 14 1,800 pounds. When they reached 1,800 pounds,

15 they were supposed to call to be picked Up. It 16 was — most all the places when they reached 17 1,800 pounds, they were on call, just call-ins

18 full. 19 Q. So that was an on call? 2 0 A. Most all of them were. 21 Q. Okay. Again, do you recall how often you went to

2 2 that location? 2 3 A. Sometimes two or three times a month. 2 4 Q. Okay. Did you have an occasion to observe the 2 5 waste in that container?

I l l

1 A. Yes, I did. 2 Q. And what do you recall observing in that

3 container? 4 A. Mostly corrugated boxes, paper and broken 5 merchandise, ruined clothing and stuff like that. 6 Q. Anything else you recall? 7 A. There was probably some broken shelving and

8 stuff like that in there, plastic, Styrofoam. 9 Q. Do you recall where those loads were dumped?

10 A. Apex department store was usually dumped at 11 United Paper Stock. 12 Q. Do you recall whether you ever dumped those loads

13 at J.M.Mills? 14 A. Not generally, no. Most of — like I say, 15 most of the time it went to United Paper Stock.

16 (Plaintiffs Exhibit Number 5 was so

17 marked.)

18 Q. Okay. Mr. Luthy, you've been handed what's been

19 marked as Exhibit 5. Do you have that? 2 0 A. Yes.

21 Q. Direct your attention to the first page, upper

2 2 right-hand corner, Ticket Number 51449. Is that

2 3 your signature?

2 4 A. Yes, it is.

2 5 Q. And can you tell what the ticket indicates about

1 the source of this load? 2 A. Apex store.

3 Q. Does that refer to the location we were just

4 discussing?

5 A. Yes, it would.

6 Q. Okay. Let's look at the next one quickly, lower 7 left-hand comer, 54041 ?

8 MR. CONNORS: Nextpage.

9 Q. Lower left, is that your signature?

10 A. Yes, it is.

11 Q. And what does it say above that? 12 A. "Apex store, Pawtucket." 13 Q. Same location?

14 A. Same location.

15 Q. Let's see. Nextpage, at the bottom, 58793. Is 16 that your signature? 17 A. Yes, it is.

18 Q. And, again, "Apex store, Pawtucket"?

19 A. Apex store, Pawtucket, Rhode Island. 2 0 Q. Nextpage, upper right, 44711. Is that your 2 1 signature? 2 2 A. Yes, it is. 2 3 Q. Is that the same location? 2 4 A. Apex Pawtucket.

2 5 Q. Nextpage, lower right, 45537. Is that your

113

1 signature?

2 A. Yes, it is. 3 Q. Okay. Same location? 4 A. Same location. 5 Q. Next page, lower right, 40409? 6 MR. CONNORS: Bottom left, you mean?

7 Q. I'm sorry. Bottom left. Is that your signature?

8 A. Yes, it is. 9 Q. Okay. Same location?


11 Q. All right. Nextpage, upper left, 39013. Is 12 that your signature?

13 A. Yes, it is. 14 Q. Okay. Same location?


16 Q. And next page — now, this one, lower right-hand 17 comer, is that your signature?

18 A. Yes, it is.

19 Q. Okay. 47063. What does this one say? 2 0 A. It says "Apex Pawtucket."

2 1 Q. Do you know what that would refer to? 22 A. That would be Apex store, Pawtucket.

2 3 Q. Okay. Next page, upper right, 51449. Is that 2 4 your signature? 2 5 A. Yes, it is.

29(Pages l l0 to l l3)


114 116

1 Q. Okay. 1

2 A. Same location. 2

3 Q. Okay. Nextpage, upperright, 50238, your 3

4 signature? 4

5 A. Yes, it is. 5

6 Q. Same location? 6


8 Q. Andnextpage, upperright, 31361. Is that your 8

9 signature? 9


11 Q. Okay. Same location? 11


13 Q. Nextpage, upperright, 38838, your signature? 13


15 Q. Same location? 15

16 A. Apex store, Pawtucket. 16

17 Q. Okay. And last page, upper left, 38450. Is that 17

18 your signature? 18


2 0 Q. Same location? 2 0


2 2 Q. Okay. So looking at these documents, do they 22

2 3 refresh your recollection as to whether you 2 3

2 4 dumped any loads from the Apex store at J.M. 2 4

2 5 Mills? 2 5

115

1 A. I probably could have dumped a couple of them 1

2 there, but as of directly how many I dumped 2

3 there, I have no idea. 3

4 Q. Okay. But would each of these dump tickets 4

5 represent a load from the Apex store that you 5

6 dumped at J.M. Mills? 6

7 A. If I had dumped them there, yes. I dumped 7

8 most of this Apex store at United Paper Stock. 8

9 Q. Right. 9

10 A. And the only time that I could have taken a 10

11 load from Apex store there is when it was full of 1112 plastic. 1213 Q. Okay. 13

14 A. And that wasn't that often, but I'm not saying 14

15 I didn't take any there. 1516 Q. Okay. Well, let's look at the first page again. 16

17 Again, you said that was your signature? 17

18 A. Yes. 18

19 Q. And that indicated that the load was from the 19

2 0 Apex store? 2 0

21 A. Yeah. Yes, it is. 21

2 2 Q. Okay. So would this represent a load that you — 22

2 3 from the Apex store that you dumped at J.M. Mills 2 3

2 4 on the date indicated? 2 4

2 5 A. Yes, it does. 2 5

30(Pages l l4 to l l7)

Q. Okay.

A. I guess I took a lot of them there. Q. Okay. All right. Mr. Luthy, do you recall when

you were driving for Goditt & Boyer picking up

waste at the Thompson Chemical facility that you

previously worked at?

A. Yes, I do.

Q. Okay. Do you recall when you first would have

picked up waste at that location?

A. It was probably back in the '70's. Q. Okay. Do you recall whether it was when you were

driving for Goditt & Boyer? A. Yes, it was.

Q. Okay. Do you recall whether you picked up waste

there when you were driving for Mr. Buffmgton? A. I probably did, but not — not that often. Q. Do you recall what kind of containers you

serviced at that facility?

A. The compactor. Q. So it was a 50-yard —

A. 50-yard. Q. — compactor? And when you started picking up waste there, do you recall how often you picked up that compactor?

A. Maybe once a month from there.

Q. Do you know whether other Goditt & Boyer drivers also picked up that container? A. Oh, I would imagine they did because I only

did it once a month and it was quite'full when I picked it up. Q. Okay. Do you know whether that was a scheduled

or on call? A. I'm pretty sure that one was on call. Q. Did you have occasion to observe the waste in

that compactor? A. Yes, I did. Q. Okay. What do you recall observing in that

container?

A. Empty bags, color, pallets, rags that were covered with color from the dyes they use or the

dyes they made.

Q. Anything else you recall? A. No, basically it, that's about it.

Q. And can you describe the bags for me?

A. They were, like, 50-pound cement bags.

Q. Similar to the bags we talked about previously? A. Right.

Q. And when you say "color," I think you said — A. Yeah, dyes.


117

118 120

1 Q. Okay. In what form? 1

2 A. Powder form. 2

3 Q. Any particular colors? 3

4 A. Red, blue, green. 4

5 Q. And were the dyes loose? 5

6 THE WITNESS: Pardon? 6

7 Q. Were the dyes loose in the container? 7

8 A. They were just stuck to the bags. 8

9 Q. Do you recall how much of a load would consist of 9

10 these bags? 10

11 A. Probably 70 percent of it. 11

12 Q. And do you recall whether the bags had markings 12

13 on them? 13

14 A. Just what was in the bag, the colors, 14

15 different companies, but I never paid any 15

1 6 attention to the companies that were on the bags. 16

17 Q. And do you recall how much of a load would 17

18 consist of the rags you described? 18

19 A. Maybe 1 percent. 19

2 0 Q. And when you picked up that container, do you 2 0

21 recall where you took the waste? 21

2 2 A. Most of the time, it was at J.M. Mills. In 22

2 3 fact, all the time it was at J.M. Mills. 2 3

2 4 Q. Do you recall seeing any drums in that container? 24

2 5 MR.BENDC: Objection. 25

119

1 A. Fiber drums. 12 Q. Would those be similar to the — 23 A. Yes. 34 Q. — drums we talked about before? 45 A. Yes. 56 Q. Again, how often would you see the drums in the 67 container? 7

8 A. Every time you picked it up. 89 Q. And do you recall how many drums would be in a 9

10 load? 1011 A. Anywhere from three to five, ten depending on 1112 how much they use the drums. 1213 Q. Any other kind of drums you recall? 13

14 A. Not really, no. 1415 (Plaintiffs Exhibit Number 6 was so 15

16 marked.) 1617 Q. Okay. Mr. Luthy, you've been handed what's been 1718 marked as Exhibit 6. Let's look at the first 1819 page. Direct your attention to the lower 192 0 right-hand corner, Number 53917. Is that your 2 0

21 signature? 21

22 A. Yes, it is. 2 22 3 Q. And what does it say above that? 2 3

2 4 A. "Thompson." 2 4

2 5 Q. And does that refer to the facility — 25

A. Referring to Thompson Chemical.

Q. So that's the facility we've just been

discussing?

A. Yeah. Q. The one you used to work at?

A. Yes.

Q. Let's look at the next page, the one on the

right, Number 55848. Is that your signature?

A. Yes, it is. Q. Okay. And can you make out what it says above

that?

A. "Thompson Chemical."

Q. Okay. Again, that's the facility we've been discussing? A. Yes. Q. Next page, upper right-hand corner, Number 43700. Is that your signature?

A. Yes, it is. Q. And what does it say above that? A. "Thompson Chemical."

Q. And next page, lower right-hand corner, Number

41967. Is that your signature? A. Yes, it is. Q. And what does it say above that? A. "Thompson Chemical."

Q. Next page, let's look at the lower left-hand corner, Number 45106. Is that your signature on that one? A. I really don't know.

Q. Okay. All right. Let's skip that one. Let's look at the next one, upper left-hand corner, Number 33952. Is that your signature?

A. Yes, it is. Q. And can you make out what it says above that?

A. It says "Thompson packer." Q. Is t h a t

A. That's Thompson Chemical. Q. Okay. So that's the same facility?

A. Yes, it's just — they put down compactor instead of Thompson Chemical.

Q. Okay. So with the exception of the one where we

couldn't tell whether it was your signature —

A. Yes.

Q. — the others we've looked at represent instances where you dumped the compactor from Thompson Chemical at J.M. Mills?

A. Yes.

Q. Mr. Luthy, do you recall an entity called Custom Color?

A. I know the name, but I can't remember where it

31 (Pages 118 to 121)


121

122 124

1 was. 12 Q. Do you remember whether you picked up waste 23 there? 34 A. I picked up a lot of waste there, but like I 45 say, I can't remember where it is. 56 Q. Okay. Do you remember what size container they 6

7 had? 78 A. No, I don't. 89 Q. Okay. Do you remember anything about the nature 9

10 of the waste you picked up there? 1011 A. No, I don't. 1112 Q. Okay. Mr. Luthy, I believe you also testified 1213 that you recall picking up waste from Blackstone 1314 Valley Electric? 1415 A. Yes. 1516 Q. Okay. And do you recall where that facility was 1617 located? 1718 A. It's on Route 116 in — I think it's Lincoln, 1819 Rhode Island. 192 0 Q. Do you recall when you first started picking up 2 021 waste there? 2122 A. A long time ago. 2 223 Q. Okay. 2 32 4 A. Date, no, I don't. 2 42 5 Q. Was it when you were — 2 5

123

1 A. I was working for Goditt & Boyer when I did 12 it. 23 Q. Okay. Did you have any understanding of what 3

4 types of operations took place at that facility? 4

5 A. I knew that it was an electric company and 5

6 they had poles and everything. 6

7 Q. Do you recall how big the facility was? 7

8 A. Probably about four acres. The whole 8

9 property. 910 Q. Do you recall whether they had more than one 10

11 building? 1112 A. Yes, they did. 12

13 Q. Do you recall how many buildings they had? 1314 A. Two, I think. One was the office department 14

15 and the other was the maintenance department. 1516 Q. And when you say "maintenance," do you have an 16

17 understanding of what kind of maintenance was 17

18 taking place there? 1819 A. I assumed that the maintenance that they did 192 0 there was for the poles and the electric wires 2 021 and everything, replacement of the poles, the 2 1

2 2 wires. 2 2

2 3 Q. Do you know whether they did any truck 2 3

2 4 maintenance at that facility? 2 4

2 5 A. Probably just changing the oil and stuff like 2 5

32 (Pages 122 to 125)

that and the equipment. Q. Do you recall seeing trucks at the facility?

A. Yes. Q. Do you recall whether there were any particular

procedures involved in picking up waste at that facility?

THE WITNESS: Procedures, you mean as

calling in? Q. Yeah, I mean, did you have to check in with

anyone?

A. No. Q. Any paperwork you had to fill out? A. No.

Q. Okay. Do you recall what kind of containers they had?

A. They had two open top containers. I think they had three open top containers, but two of

the open top containers had metal tops on them

with doors. Q. And do you recall where in the facility the

containers were located? A. In the maintenance department. Q. When you began picking up waste there, do you recall how often you picked up waste at that facility?

A. About once every two or three weeks. Q. Do you know if other Goditt & Boyer drivers also picked up waste at that facility? A. I would assume they did, yes.

Q. Do you know whether those containers were scheduled pick-ups or on call?

A. On call. Q. Do you recall whether you picked up waste at that

facility when you started driving for Mr. Buffington?

A. Yes. Q. And did the frequency with which you picked up

waste at that facility change over time? A. I got it less often.

Q. And did you have an understanding as to how frequently, overall, those containers were picked up?

A. I had no idea how often they were picked up.

I just know when I picked them up.

Q. Okay. When you picked the containers up, do you recall how full they generally were?

A. The two from the office building were really

full, and it was only, I think, a 30-yarder from

the maintenance department. That one was

probably three-quarters full.


125

126 128

1 Q. Do you recall, on those occasions when you went 1

2 to the facility to pick up waste, would you pick 2

3 up just one of the containers? 3

4 A. Sometimes two. 4

5 Q. Did you have occasion to observe the waste in 5

6 those containers? 6

7 A. Yes, I did. 7

8 Q. All right. Let's start with the two you said 89 were related to the office. 9

10 A. Yes. 10

M Q. What do you recall observing about the waste in 11

12 those containers? 12

13 A. One was for corrugated boxes and the other one 1314 was for office papers. 1415 Q. Anything else you recall observing in those 15

16 containers? 1617 A. No, that was — basically that's what that 1718 was. 18

19 Q. Okay. What about the other one that was 192 0 associated with the maintenance facility? What 2 021 do you recall observing about the waste in that 21

2 2 container? 2 2

2 3 A. That was pallets and metal and crossarms from 2 32 4 the poles. 2 4

2 5 Q. Anything else you recall in that one? 2 5

127

1 A. Not really except when they used to throw 1

2 corrugated boxes in that instead of the other 2

3 container. 3

4 Q. Do you recall ever seeing parts of telephone 4

5 poles in that container? 5

6 MR. GURAY: Objection. 6

7 A. I don't really remember seeing any poles in 7

8 there. Like I say, just mostly crossarms. 8

9 Q. And can you describe the crossarms for me? 9

10 A. Basically, they looked like a two-by-four 10

11 about eight feet long. Most of them were broken 11

12 or just destroyed. 12

1 3 Q. Do you recall seeing any sorts of containers in 13

14 that - 14

15 A. No. 15


17 A. Only thing that resembled a container was the 17

18 insulators for the wires that was — looked like 18

19 a dish with holes in the middle of them and a 19

2 0 piece of pipe driven through them. 2 0

2 1 Q. Do you recall seeing any rags in that container? 21


2 3 A. Not that I can remember. 2 3

2 4 Q. Do you recall seeing any waste in that container 2 4

2 5 that you would have associated with vehicle 2 5

maintenance?

MR. GURAY: Objection.

A. Probably empty oil cans, motor oil. Not oil itself but motor oil cans.

Q. And do you recall seeing any oil filters?

MR. GURAY: Objection.

A. Not oil filters, no.

Q. Do you recall seeing other kinds of filters? MR. GURAY: Objection. A. Air filters.

(Plaintiffs Exhibit Number 7 was so marked.)

MR. JACKSON: Probably after this would probably be a good time to break because we talked about breaking around 4:30 or so. It's

getting close to 4:30. Q. Okay. Mr. Luthy, you've been handed what's been marked as Exhibit 7. Let's look at the first

page. Direct your attention to the upper right-hand comer, number — Ticket Number 53117. Is that your signature? A. Yes, it is.

Q. And can you make out what it says above that? A. It says "BVE," Blackstone Valley Electric. Q. Okay. And would that refer to the facility we

were just discussing? A. Yes, it would. Q. Okay. And do you recall what the Number 1 refers

to? THE WITNESS: Pardon? Q. Do you recall what the Number 1 refers to? A. I have no idea. Q. Okay.

A. Oh, yes, I do. That would be the two office

containers numbered one and two. Q. Okay. So let's look at the next page, lower

left-hand comer, Number 58147. Is that your signature?

A. Yes, it is. Q. And can you make out what it says above that?

A. "BVE Number 1," Blackstone Valley Number 1

container.

Q. Okay. Let's look at the next page. I think

you've actually got two on this page, upper left and upper right. Let's look at upper left,

55348. Is that your signature?

A. Yes, it is.

Q. And can you make out what it says above that?

A. Says "BVE Number 1." Q. Okay. And how about next to that?

33 (Pages 126 to 129)


129

130

1 A. It's my signature and it says "BVE Number 2."

2 Q. All right. Let's look at the next page, upper

3 right-hand comer, Number 37708. Is that your

4 signature?

5 A. Yes, it is. 6 Q. Okay. Can you make out what it says above that?

7 A. It says "BVE Number 3."

8 Q. And what would that refer to?

9 A. Referring to the maintenance roll-off, open

10 top. 11 MR. JACKSON: All right. This is

12 probably a good time to break for the day. So 13 we'll start again at 9:00 in the morning. Thank

14 you, Mr. Luthy.

15 (Deposition adjourned at 4:26 p.m.) 16 17 18 19 20 21 22 23 24 25

131

1 C E R T I F I C A T E 2

I, Devin J. Baccari, a Certified Shorthand 3 Reporter and Notary Public within and for the State of

Rhode Island, do hereby certify that I am expressly 4 approved as a person qualified and authorized to take

depositions pursuant to the Rules of Civil Procedure 5 of this Court, especially, but without restriction

thereto, under Rule 30 of said Rules; that the witness 6 was first sworn by me; that the foregoing is a true,

accurate, and complete transcript of my notes taken in 7 the above entitled proceedings. 8 I further certify that the exhibits are

attached and copies furnished to counsel. 9

I further certify that I am not counsel, 10 attorney or relative of either party or clerk or

stenographer of either party, or of the attorney of 11 either party, or otherwise interested in the event of

this suit. 12

I further certify that neither the deponent 13 nor any party requested a review of the transcript. 14

IN WITNESS WHEREOF, I hereunto set my hand 15 this 11 th day of June, 2009. 16 17 18 19 20 DEVTN J. BACCARI, CSR, NOTARY PUBLIC

My Commission Expires 8/17/10 2 1 22 DATE: JUNE 2,2009

IN RE: UNILEVER BESTFOODS VS. TEKNOR APEX 2 3 WITNESS NAME: MAURICE H. LUTHY, JR. 24 25

34 (Pages 130 to 131)


132

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company 1:7,11 8:6 12:3 14:23 18:12 28:14 29:2 43:4,18 44:19,20,24,24 52:6 56:22 102:2 123:5

compared 51:11 complete 131:6 confectionery 15:10 confused 87:23 connection 34:16 CONNORS 3:14

10:23 35:6 54:18,21 98:13 112:8 113:6

consist83:13 97:16 118:9,18

consisted 97:8 consistency 15:6 construction 37:10

38:2 container 7:16,25 8:2

8:9,19,21 32:3 45:2 45:9,15 62:12,12 69:6,22 70:10,16 71:3,4 72:8,10 77:20 79:25 80:1,2 80:4,4,7 81:5 82:1,7 82:10,13 83:11,12 84:7,12 86:8,20 87:8 88:2,7,8 89:1,4 89:4,12,14,24 90:6 90:21 91:5,9,19,23 93:19 94:5,10,20 95:8,20,24 96:2,14 96:22,24 97:1,6,8 97:12,18,23 98:1,19 98:21 102:1,6 103:10 104:17,24 105:2,6 110:1,3,25 111:3 117:3,14 118:7,20,24 119:7 122:6 126:22 127:3 127:5,17,21,24

129:17 containers 31:23

32:2,5,6,8 33:3 53:25 54:2,2,3,4 79:23 80:17 87:3 98:1 116:17 124:14 124:16,17,18,21 125:5,16,20 126:3,6 126:12,16 127:13 129:10

contest 6:25 continue 46:11 91:8

91:12 continued 61:22 62:8 contract 8:2,19 9:11

9:12 34:19 45:2,7 contracted 93:11 conversation 73:7,21 conversations 53:6,7

53:9 57:6 73:18 convertible 30:7 conveyer 20:4 90:13 cook 17:18 20:2 cooked 17:17 cooker 12:17 20:11

20:16 cookers 20:1 cooking 17:16,19

20:9 COOLEY3 14 \ s V- ' V^M-JIJLJ JL *J . J. ™

copies 131:8 copy 103:21,23 corner98:ll,16 99:8

101:15 105:15 106:1,8,15,19,24 107:6 108:8 111:22 112:7 113:17 119:20 120:16,21 121:2,6 128:20 129:12 130:3

corporate 7:21 correct 25:13 103:4

107:20 corrugated 8:1,10,14

45:16 65:25 72:2 111:4 126:13 127:2

corrugation 8:11 counsel 131:8,9

couple 3 8:4 60:4,24 77:19 88:17 90:22 115:1

course 6:14 15:4 49:2 court 1:1 5:10 6:1,9

131:5 courtyard 21:13 covered 117:16 CROSS 1:11 2:17 crossarms 126:23

127:8,9 CSR 1:14 131:20 Cumberland 63:9 currently 5:9 7:7,12

7:14 CURTIS 3:14 Custom 1:4,5,8,9 2:6

121:23 customers 8:17,18,25

9:3 38:7 45:19 78:12

cut 90:12 CVS 77:19,20 cyanide 26:24 C-A-C-I-N-O 37:12 C.A 1:6,10 C2 18:13,14 23:2,18 •25:13

D D4:l daily 63:6 81:19 dark 23.13 date 99:20,23 101:9

102:5 107:12 115:24 122:24 131:22

dates 36:2 Dave 32:5 50:25

51:22 52:162:22 91:7 104:1

David3:5 51:18 52:25 53:16 61:8,17 62:5 75:7,22

Davisville 10:9,10 day6:12,15 17:23

29:22 34:6 45:13 47:7,8,10 48:24


135

49:2 53:2 55:11,12 55:18,19,24 56:5 58:7 59:16 63:3,4 65:14,22 72:5,8,10 80:15,21 81:15,15 81:21,22,24 94:7 130:12 131:15

days 46:24 47:1,3,9 47:18 68:12,13 81:25

day's 72J11 day-to-day 53:1 deadline 56:25 deal 52:25 dealing 53:3,5 decided 59:9 decision 50:10,21,25

51:3 deck 11:12 DEFENDANT 2:13

2:22 3:1,5,9,17 DEFENDANTS 2:17 definitely 26:19

81:20,21 deliver 8:18 38:6

109:15 department 70:20

72:3 78:19 109:18 109:19 111:10 123:14,15 124:22 125:24

depended 31:11 80:20 91:1

depending 48:25 81:22 119:11

depends 46:17,21 86:23

deponent 131:12 deposed 5:11,14 deposes 5:3 deposition 1:13 5:1

16:14 130:15 depositions 131:4 describe 8:3 10:15

13:13,22 16:11 17:8 21:6 23:24 27:18 35:15 39:23 48:1 54:7 64:1,19 65:3

67:15 69:10 79:16 82:21 83:23 87:10 90:5,9 97:3 98:12 117:20 127:9

described 22:8 27:15 27:24 84:2,17 1.18:18

describing 27:25 DESCRIPTION 4:10 destroyed 127:12 Devin 1:14 131:2,20 Dick 37:8 differed 15:5 difference 57:15 different8:18 14:19

14:24 15:1,12 18:22 21:12 22:24 23:6,11 23:11,15 27:5,8 28:14 32:18 40:11 44:14 73:22 82:15 118:15

differently 9:14 dig38:5 direct 75:6 98:10

105:13 108:7 111:21 119:19 128:19

directed 66:4 directly 115:2 director 75:3 directs 6:20 dirt 37:24 65:11 75:5 dirty 82:16 84:17,22

84:22 discharged 11:17,21 discussing 53:16

112:4 120:3,14 129:1

discussion 54:24 57:20

dish 127:19 disperse 14:9 disposed 97:19 distribution 8:7 DISTRICT 1:1,1 division 10:6 18:10

18:18 19:23 20:23 25:12

divorced 38:20 dock 94:4 document35:15,16

35:20 36:5,9,12,21 101:4

documents 98:5 104:10 114:22

DODGE 3:2 doing 17:19 19:10

21:22 30:22 37:19 42:2 44:12,25 48:6 60:7 76:14 77:13,21

DONOVAN 3:10 door 66:11 69:2,4,5

69:15,20 70:13 doors 32:17,19

124:19 Dorado 30:7 Downtown 109:22 dozer 66:6,17 drain 12:19 25:5 drinking 29:21 drive 7:23 30:14

40:17 44:22 47:5 58:4 60:3,5 65:10 67:17 68:25 69:4 70:13,25 103:3

driven 127:20 driver 82:2 drivers 46:21 52:14

52:15 56:4 57:7 59:24 60:2,4,7 61:20 72:13 95:12 95:17 117:2 125:2

driving 30:21 33:21 34:21 36:13,18 37:7 39:21,22 44:145:25 46:9 47:9 51:5 55:10 57:22,23 58:7 58:20 59:15 60:25 61:6,23 62:10 63:6 68:6 74:9 76:18 77:3,6,9,21 78:14 95:6,20 99:25 100:14 104:7 107:15 110:9 116:4 116:12,15 125:9

drop 13:4,16 14:13

80:24,25 drove 30:6 34:12

37:14,16,19 47:6 51:16 55:2 56:3 91:10,13

drum 85:22 drums 23:10 82:20

85:3,5,6,7,9,10,13 85:25 86:2 87:4 90:14,15,15,16,18 96:3,10,10,13 97:11 118:24 119:1,4,6,9 119:12,13

dry 14:10 25:6 28:25 86:5,7

duly 5:3 Dumont75:14,16,23

75:24 76:2,5,14 77:1,24 78:6,9

Dumont's 75:18 dump4:12,13,13,14

4:14,15 20:2,3 27:9 27:9 37:18,18 40:5 43:5,24 48:6,14 49:8,17,21 50:7,16 52:7 53:19,20 57:15 58:11 59:2,9,12 65:4,12,18 66:3,4,8 66:11,22 68:24 69:3 69:24 71:12 72:4 75:4,5 81:7 85:18 85:20 102:15 103:2 103:15,16 104:3,6 104:13,21 105:5 115:4

dumped 34:4 49:22 53:18 64:9 66:22 68:21 72:6 88:7 91:23 98:19 101:9 101:12 102:5 104:23 105:7 107:19 111:9,10,12 114:24 115:1,2,6,7 115:7,23 121:20

dumping 70:16 71:6 71:15 72:13 77:11

dumps 50:18 84:12 dust82:16 83:18,20


136

84:7,13 86:12 107:22 108:13,15

dusty 66:1 duties 10:15 11:5

13:13 16:12 20:16 52:4

DWYER2:6 dyes 117:16,17,25

118:5,7 D.C2:4 5:7

E E 2:1,1 3:184:1,8

131:1,1 EAC 35:22 40:13

41:15,22 43:25 44:7 EAC's41:16 earlier 28:18 45:11

45:2146:2 58:13 105:23

early 66:12 East 3:11 9:22 education 9:16 EDWARDS 3:2 efficiently 102:20 eight 24:2 48:25

64:21 127:11 either 40:2,19 66:24

67:23 131:10,10,11 El 30:7 electric2:13 43:18

78:21 122:14 123:5 123:20 128:24

electricity 43:17 employed 7:12,14,15 employment 36:10 empty 70:3,11 72:7,9

80:20,22 81:1,5 82:14 84:10 96:3,5 97:9 117:15 128:3

encounter 29:23 ends 13:17 endurance 6:24 energy 40:12 41:17 entitled 131:7 entity 121:23 entranceway 64:5 equipment 21:10

37:10,14 44:16 46:7 47:1 124:1

especially 42:17 57:1 131:5

ESQUIRE 2:3,7,10 2:14,19,23 3:2,6,10 3:14,18

essentially 38:8 et 1:7,11 event 131:11 Everybody 48:4 exact34-24 exactly 76:24 EXAMINATION 4:5

5:4 exception 121:16 EXCHANGE 2:10 Exhibit 35:9,14

39:1041:11 44:7 58:24 98:6,9 104:10 105:10,13 108:3,6 111:16,19 119:15 119:18 128:11,18

exhibits 131:8 Expires 131:20 expressly 131:3 extended 68:18 extremely 20:6 eye 12:5

F F131:l fabrication 3 2:21 facilities 54:12 55:4

108:25 facility 8:21 18:3,8

18:1425:16 28:22 32:14,22 41:18,25 42:145:17 55:15 58:19 79:1,6,13,17 79:23 80:12 87:18 92:5,12 93:23 97:22 98:2,21 99:1 104:19 108:22 116:5,18 119:25 120:2,13 121:13 122:16 123:4,7,24 124:2,6 124:20,25 125:3,9

125:13 126:2,20 128:25

facing 63:20 fact 118:23 factory 30:12 fair 36:9,11 63:5 fall 42:16 familiar 26:10,12,15

75:13 86:5 far 68:7,19 95:4 father 73:8,10,11,18

75:10 fed 23:9 Federal 5:9 feeder 13:5 feet 11:13 12:24,25

24:2 26:3,4 127:11 fell 11:9,12 fence 63:13,16,19 fiber 82:20 85:3,9

96:13 119:1 fill 13:15 25:4 43:6

65:15 93:25 101:6 124:12

filled 100:19 filling 67:10 103:2 filter 23:7,8 24:9 filtered 23:22 24:12

24:15 filters 23:9,23,23,24

24:19,22 25:1,4 28:19 96:19,21 128:5,7,8,10

FINANCIAL 3:3 fine 6:5 7:1 13:3

14:12 15:3 18:25 41:6,8 52:20

finish 6:8 54:18,21 fired 34:1 50:14 firing 34:3 firm 5:6 first 21:22 22:14 30:4

30:6,16 33:9 38:15 43:6 49:10,13 52:22 56:9 62:19,22 63:12 64:2,7,10 65:9,10 67:9 72:20 76:9 78:13 79:22 81:12

91:4,6 98:10 102:25 107:11 108:6 110:4 111:21 115:16 116:8 119:18 122:20 128:18 131:6

FISH 2:22 FITCH 2:13 five 11:3 86:4 93:10

119:11 five-inch 10:16 five-year 11:6 FJS@SALLY-FIT...

2:16 flat 90:11 flatbed 31:7 floor 1:15 12:2 13:11

13:12 15:18,19,21 15:23,24 16:1,2,2,6 16:10 18:6 40:3 82:17 83:17 84:18 84:24 85:1

floors 15:22 Florida 38:20,21

60:11,12 73:20 flour 84:5 flying 44:21 FOGELL3:10 fold8:16 13:17 follow 5-19 follows S*

follow-up 60:24 foregoing 131:6 foreman 94:16 forget 6:5 form 14:7 27:20 28:7

118:1,2 forth 40:4 46:22,25

70:8 forward 9:15 found 50:12 four 12:24 19:18

45:12 62:3 63:24 67:6 74:19 86:22 93:9 123:8

fourth 9:10 freight 19:11,16,23

20:3,20,22


137

frequency 46:19 59:4 59:6 125:12

frequently 46:15 63:1 81:13 95:7,10 95:14 125:16

friends 75:25 FRIENDSHIP 3:7 front 32:24 36:21

''69*23 fuI17:5 36:10 62:12

62:15 80:25 81:2 82:7,8,8 91:20,21 94:25 110:18 115:11 117:5 125:21,23,25

furnace 42:13,15 43:15,23

furnished 131:8 further 34:15 74:14

131:8,9,12 f/k/a 1:5,8

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garage 32:17 GARNER 3:1 gate 63:13,17,21 67:4

67:4,13,17 69:4 71:22,23 72:1 74:17 100:21 103:3

gather 15:5 gauges 12:5 16:24

110:13 GBENIK@JRERI...

2:20 general3:17 40:20

57:3 65:24 73:7,17 73:20 83:16 90:14

generally 8:25 9:4 11:5 15:13 18:8 35:16 40:20 44:4 45:22 48:151:13 53:12,25 54:7 55:1 55:10 56:6 59:3 62:1163:7 64:1,8 64:16 65:3 68:9,14 69:19 71:7 74:11,15 79:16 80:13 81:4,10 82:6,19 87:7,10

88:1 91:2,20 94:18 97:7 98:12 104:5 111:14 125:21

gentleman 75:13 geographic 8:24

40:21 54:15 getting 56:16 64:22

66:22 128:16 giant 12:16 20:1

64:20 GIARRUSS0 3:14 girlfriend 37:2 give5:18,25 6:6,8

59:16 go6:21 12:20 13:1,7

19:1,4,24 20:4,22 21:15 23:10,17,20 29:25 31:1 33:12,24 35:4,7,12 38:16 40:4,17 44:14,23 47:25 49:5,13,20,21 50:5 52:7 53:14,20 57:18,21 60:21 62:9 62:14 63:13 65:11 66:3,11 70:8,9,14 71:22 80:21 93:17 101:6 102:23 108:18

Goditt 29:4,5,13,17 30:5 33:9,12,14,24 34:16,17 45:25 46:3 46:12,20 47:21 51:5 51:16,19 52:24 53:24 54:14 55:2,15 56:3,15 57:3 58:14 58:16,20 59:12,23 61:1,15 62:4,10 68:6 72:12 78:14 80:14 82:2 91:10 93:8,13 95:6,17 100:4 110:9 116:4 116:12 117:2 123:1 125:2

goes 6:12 12:16,20 24:11

going 5:19,20,25 6:7 14:11 16:17 18:3 26:20,23,24 42:23

43:11,14 44:19,22 44:25 46:21 48:5 56:24 57:5 63:12,25 64:3,5,7,10 74:5 81:9 98:4 102:9,10 102:11,12 107:11

good 5:5 60:18 70:24 128:14 130:12

goodies 70:21 71:8 goodness 9:2 gotten 36:7 grab 70:24 grade 15:3,3,4 grades 14:24 15:1,5

15:12 23:7,11 graduate 9:19 graduated 9:24 10:2 graduation 20:21 granulated 15:11 graph 16:21,21 gravel37:20,22 38:4

38:5,8 gray 23:13,13 grease 97:5 great 6:4 36:1 green 118:4 GREGORY 2:19 ground 5:18 20:4

64:15 80:24,25 guard 103:7 guess 12:24 34:18

81:23 92:20 116:2 gunnery 10:6 Guray2:14 57:17

127:6,16,22 128:2,6 128:9

guy 65:21 66:16 67:3 75:3,6 100:21 103:7

guys 27:8 61:12 75:1

H H 1:13 4:4,8 5:2

131:23 half 16:19 31:17

92:18 halfway 56:14 hand 103:12 131:14 handed 105:12 108:5

111:18 119:17 128:17

handful 97:17 handing 98:8 handle 69:13,13,14

70:9 handled 49:3 hands 97:5 handwriting 99:5

100:16,17 hangar 11:12 happen 11:8 103:5 happened 11:14

24:25 28:9,11 30:18 34:5 56:13 69:11 70:5 77:16 103:16

hard 6:9 HATEM3:10 haul 8:1,9 9:1 40:22

40:25 41:23 44:15 46:7

Hauled 39-18 hauling 7:15 37:20

41:24 42:1,3 45:3 45:16

hear 57:6 hearing 54:24 heat 14:3,10 heating 17:18 heavy 14:43 37:10,14 Hebronville 11:25

18:14 83:3 height 64:13 held 13:20 32:8 57:8 helped 30:14 Henry 7:6 99:13 hereunto 131:14 high 9:19,21,22,24

10:2 64:22 highway 87:22 hinge 69:21 history 4:12 36:10 hit 64:24 hoist 69:23 70:8 hold 13:2 14:12 holds 69:13 holes 127:19 holidays 68:19


138

HOLLINGSWOR... 2:22

HOLT 3:2 home58:8 108:18 Honestly 76:24 hook 81:6 hopper 13:4,5 14:5

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hour 16:19,19,23 hours 16:23 68:9

71:16 72:14 house 58:4 73:20 Huh 86:17 Huntington 9:22,22

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31:20 44:17 56:1 65:24 71:11 75:12 76:1 82:14 92:10 115:3 125:18 129:7

identical 21:7 22:11 identify 78:18 imagine 86:10 117:4 indicate 101:8 102:4 indicated 28:2 89:17

102:5 115:19,24 indicates 111:25 individuals 72:16 industrial 54:9,10,12 information 57:4 ingredients 18:16 initial 66:25 67:24 initially 66:3,5 injured 11:7,14 injury 11:10 inside8:12 13:3

16:18 17:3 24:17 85:22

inspect 71:6 instance 104:23 instances 121:19 instrument 12:4 16:9

16:15 17:21 18:6 19:20 20:13 21:2

instruments 16:16,20

16:2120:10,15 21:23,25,25 22:2

insulators 127:18 intended 6:24 interested 131:11 involved 124:5 iron 90:11 109:5 Ironworks 1 0Q' 1 0 Island 1:1,15 2:11,20

3:3,7 5:10 7:16 8:23 9:7,8 10:12,13 40:25 41:1 63:9 79:4 92:15 109:22 112:19 122:19 131:3

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JEFFERSON 2:19 JMURPHY@LSK...

2:8 Job 1:25 Johnny 52:15 Johnston 41:4 JONATHAN 2:7 JPBARRY@NUT...

2:24 JR 1:13 4:4 5:2

131:23 JULIE 2:23 July 7:11 jumping 44:24 June 1:15 131:15,22 Junior 7:6 99:14 J.M49:9 50:19 51:11

59:5 62:17,19 63:2 65:5 68:10 71:5,15 72:13,18 76:2,5

77:2,25 78:1,6,9 88:12,21 97:20 101:9 102:6 104:24 105:7 107:19 111:13 114:24 115:6,23 118:22,23 121:21

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54:7 77:8 79:12,23 96:5 110:1 116:17 119:13 123:17 124:14

kinds 23:12 28:21 128:8

knew 12:13 26:14,17 26:19 72:18 94:17 123:5

know 5:23 6:24 7:1 8:13 16:1721:12 24:25 25:5,5 26:25 27:3 28:11,15 29:1 29:5,18,24 31:15 32:1733:2 37:11 41:4 42:12,18 43:24 44:15,17 48:16 51:1 52:13 53:13,19 55:25 57:4,4 59:19 60:5,8,10 65:13,24 66:25 67:170:23 71:9,22 72:16,21 73:21 74:3 75:16,22 75:25 76:14,21,24 78:22 82:1,4 83:2,5 85:18 92:19,2193:3 93:6 94:23 95:4

100:10,19 103:18 103:19 113:21 117:2,7 121:4,25 123:23 125:2,5,19

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43:1149:5,10,12,13 49:21,23 50:5,10 51:8 56:7 57:1 62:18,19 63:2,8,10 64:2,8,11,14,16 65:1166:14 68:10 68:15,17,23 71:5,9 71:13,21 72:17,22 73:3,6,11,15,24 74:2,6,7,21,25 75:6 75:7,17,19 76:3,6,8 76:22 77:2,6,14,15

-.77:25 78:2,7,10 81:7 88:14,16 98:19 101:7 103:2,15

landfills 34:10 40:11 49:7,15,15 50:19,22 51:6 53:17 59:1,3

LANE 3:11 Lapre 60:3 late 71:25 law 1:14 3:6 5:6 layover 47:2 leave33:24 38:15

71:23 72:1 LEECH 3:1 left 11:11,12 25:4

28:2 29:1133:14 44:7 85:17 112:9 113:6,7,11 114:17 129:19,20

left-hand 64:11 98:16 99:8 101:15 106:8


139

106:19 108:8 112:7 121:1,6 129:12

LESTER 2:6 let's 6:12 7:4 17:9

35:4,7,12 52:21 57:18,21 60:21 62:17 65:8 74:9 76:9 78:12,24 79:11 93:17 98:9 101:14 101:14 102:23 105:25^106:7 108:2 108:6,20 109:3 112:6,15 115:16

. 119:18 120:7 121:1 121:5,5 126:8 128:18 129:11,18 129:20 130:2

level 64:15 91:21 light23:13 64:23 Lily 7:15,17,18,19

9:9,12,12,13 45:6,7 45:10,12

Lincoln 122:18 Linda48:17 50:25

59:23 liquid 14:6,6 list 4:12 48:11 listed 50:7 listen 5:21 litigation 5:9 Iittle9:14,16 13:22

16:1127:2 62:17 67:19 68:22 78:22 84:20 85:24 87:23 102:10

live 7:8 40:3 LLP 2:2,6,9,13,22

3:2,10,18 load 38:6 40:18 49:17

50:7 57:16 59:10 65:4 66:3,4,8,11,22 68:21,24 69:3 70:22 71:13,24 72:4,6 73:21 75:4 79:9 83:13 86:3 88:7 97:15 101:9,12,22 103:15 106:4 107:17 108:12

112:1 115:5,11,19 115:22 118:9,17 119:10

loads 49:8 58:11 59:2 71:6 77:11 91:24 97:19 105:6 111:9 111:12 114:24

loam 37:20,22' located 8:25 18:20

38:25 40:22 41:18 63:8 79:19 109:21 122:17 124:21

location 79:7 80:6 93:4,15 105:23 109:24 110:22 112:3,13,14,23 113:3,4,9,10,14,15 114:2,6,7,11,12,15 114:20,21 116:9

locations 40* 1 1 1 U V 4 4 U I / U 3 *\J • JL A

LOGAN 3 19 long 9:9 10:19 16:5

17:21 19:16 24:2 26:4 29:7 33:9 34:12 38:1147:5,10 122:22 127:11

look 87:20 98:4,9 101:14,14 102:12 102:16 105:25 106:7,14 108:2,6 112:6 115:16 119:18 120:7 121:1 121:6 128:18 129:11,18,20 130:2

looked 13:23 17:9 27:3,15 64:20 82:22 82:23 83:24 84:5,21 84:22 87:21 89:22 97:3,4 121:19 127:10,18

looking 84:1 114:22 looks 39:10 100:9 loose 84:7 118:5,7 lost 9:12 45:7 lot 9:7 66:1 70:3 72:4

78:19 87:11 116:2 122:4

low 42:15

lower 15:24 16:1 70:12,13 98:11,13 98:15 99:8 105:25 106:14,19,24 107:6 112:6,9,25 113:5,16 119:19 120:21 121:1 129:11

lunch 60:19,20 Luthy 1:13 4:4 5:2,5

7:6,7,10 9:16 35:14 45:24 60:22 98:8 101:16 102:9,25 105:12 107:21 108:5 111:18 116:3 119:17 121:23 .122:12 128:17 130:14 131:23

LUTHY'S4:12 L-I-L-Y7:18

M M3:10 machine 13:5,16,18

24:11 31:11,25 32:3 65:2166:6 69:1,18

machines 110:13 main 7:8 12:2,12

13:11,12 15:18,19 16:1,2,6 18:5,16 19:14

Maine 9:1 maintenance 10:17

93:4,11,15 96:15 123:15,16,17,19,24 124:22 125:24 126:20 128:1 130:9

making 27:25 46:4 56:4 67:3

Management 3:13 41:3

manufactured 32:10 33:2

manufacturing 1:5,9 22:4

MARINA 3:15 marked 35:5,10,14

98:7,9 105:11,13 108:4,6 111:17,19

119:16,18 128:12 128:18

markings 82:24 85:7 85:11 118:12

married 11:22 MARTHA 3:2 MARY 2:10 Mass 7:8 11:25 40:24

42:24 Massachusetts 2:15

2:24 3:11,15 41:20 42:22

material24:12 43:19 43:22 45:3 85:21

materials 26:10 27:12,19 28:22 43:11

MATTHEW 2:14 Maurice 1:13 4:4 5:2

7-6 131-23 / . \J A *J JL . X*_J

McCLENNEN 2-22 MCD@BLISHCA...

2:11 McGLONE3:14 mean 5:12 15:2 21:21

26:12 32:7 37:23 40:7 42:22 51:23 61:14 93:21 109:1 113:6 124:7,9

mechanic97:4 mechanics 61:20 melt 20:5 memory's 36:1 Mendon 79:5 80:8

92:14 105:24 mentioned 18:18

21:4 23:2 25:11 29:1 82:21 83:18 85:2 92:1

merchandise 109:15 111:5

mesh 24:8,9,17 mess 56:24 metal 90:7,8,13,14,15

97:24 124:18 126:23

MHOLT@EAPDL... 3:4


140

mic57:8 Michigan 30:8,13,21

33:7 46:5,11,23 53:13

mid 105:3 middle 8:14 17:12

127:19 Mills 49:9 50:19 51:8

51:11 59:5 62:17,19 '' 63:2 65:5 68:10

71:5,15 72:13 76:3 76:6 77:2,25 78:1,6 78:9 88:12,21 97:20 97:20 100:21 101:10 102:6 104:24 105:7 107:19 111:13 114:25 115:6,23 118:22,23 121:21

Mills's 72:18 mine 101:19 mining 38:8 minute 16:22 35:8

108:20 mix 26:8 27:5 mixed 12:15 17:14

23:5 27:14 86:11,23 moment40:14 93:17

98:10 money 38:17 month 46:17,18

89:13 90:25 91:3 110:23 117:1,5

months 11:16 17:24 19:18 91:17

MOORE 2:18 morning5:5,19 47:14

47:16 55:14 58:3 130:13

MORTIMER 3:6,6 MORTNEWTON...

3:8 mother 99:12 motor 128:3,4 mountain 64:20 move 86:14 94:12 MURPHY 2:7

N N2:14:l name 5:5 7:5,6 14:23

19:13 20:7 26:12 41:4 48:5 52:22 66:18,24 72:19,20 79:5 99:12 101:20 109:14 121:25 131:23

named 75:13 92:21 names 52:19 60:6

74:4 nature 11:10 33:18

37:9 38:23 41:16 73:17 122:9

Navy 10:4,5,19 11:15 near 42:6,8,9 64:11 need 6:23,25 102:17 needed 22:12 40:16

72:7,9 89:19 Needham7:20 Negative 40:10 neither 131:12 never 60:5,5 72:15

101:20 118:15 New2:8,8 9:1,2 42:21

42:23 newer 21:7 Newport 11:15 Newton 3:6,6 16:13

75:11 night 44:20 47:15,17

57:25 58:8 nine 12:25 normally 49:21 North3:19 7:9 northeast 9:4 44:4,5

45:22 NORTON 3:14 nose 70:4 Notary 131:3,20 notes 131:6 notify 94:4,11,14 November 105:7 no's 6:3 number 33:6 35:9

80:17 98:6 100:9,11 101:15 104:13

105:10,15 106:1,15 106:19,24 108:3,8 111:16,22 119:15 119:20 120:8,16,21 121:2,7 128:11,20 128:20 129:3,6,12 129:16,16,24 130:1 130:3,7

numbered 129:10 numerous 33:15 NUTTER 2:22 NW2:3

O oath 60:22 objection 6:16,19,21

26:22 75:11,24 84:25 85:23 86:9,16 86:21 87:1,5 89:9 96:16,20,23 108:16 109:7 118:25 127:6 127:16,22 128:2,6,9

observe 18:2 25:8 27:11 71:2 82:9 93:1 95:23 110:24 117:10 126:5

observed 87:8 observing 90:17 96:1

111:2 117:13 126:11,15,21

occasion 19:1 21:15 23:17 27:1128:18 52:25 61:1,7 62:8 70:15 71:2 82:9 89:24 95:19,23 110:24 117:10 126:5

occasional 46:4 occasionally 49:11

61:9,25 62:1 85:2 occasions 61:16

71:20 91:22 126:1 occurred 22:6 28:1 odor 84:14 office 1:14 3:6 7:21

32:16,24 50:24 52:11 56:2,18 57:7 61:1,3 62:5 123:14

125:22 126:9,14 129:9

oh 5:15 10:25 12:24 14:20 19:8 21:17 22:20 23:13,19 26:3 27:13 31:24 44:13 51:8 62:20 64:18 70:17 73:9 77:8,11 82:3 83:20 90:4 117:4 129:9

oil23:7,22 24:11,13 24:13 25:3 123:25 128:3,3,3,4,5,7

oils 18:15 23:4,15 okay 7:4,12 9:21

10:13,25 11:8,10 12:14 14:4,8,21 15:8,13,15 16:1,11 18:1,18 19:1020:12 20:15 21:9,15,18,24 22:6,10,18,22 23:2 23:20 24:22 28:11 28:24 29:7,23 30:16 31:19 32:1,4,22 33:2,12 34:2,20 35:2,12 36:5,12,18 36:21 37:4,6,16

- 38:13 39:7,13,19 '41:6,16 42:10 43:2 43:10,16 44:4,7 45:8,11,21,24 46:1 46:23 48:16 49:16 50:6,18 51:1 52:20 52:24 53:9,12 55:17 55:20 56:10 57:9,21 57:25 58:6 60:23 61:16 62:23 63:12 65:8,23 66:21 67:2 67:5,9,12,15 69:7 69:10 70:15 71:9,12 72:19 73:8 74:9,14 74:17,20,22 76:14 76:19 77:1,8,8,11 77:13,18,24 78:3,18 78:24 79:3 80:23 81:3,9,12,16,18 82:12 83:18,23 87:17,20,23 88:1,20


141

88:23 89:10,17,21 89:23 90:24 91:15 92:1,7,11,23 93:3 94:3,6 95:1,6 97:6 97:21 98:4,8 99:5,7 99:11,18,20,25 100:3,8,19 101:4,8 101:18,22 102:4,8 102:13,21,23 103:24 104:3,9,12 104:2r'l 05:9,12,22 105:25 106:7,10,14 106:17,22,24 107:4 107:11,17,21 108:5 108:11,14,20 . 109:17 110:8,11,21 110:24 111:18 112:6 113:3,9,14,19 113:23 114:1,3,11 114:17,22 115:4,13 115:16,22 116:1,3,8 116:11,14 117:7,13 118-1 119-17 A A o « A l l y . i /

.120:10,13 121:5,13 121:16 122:6,9,12 122:16,23 123:3 124:14 125:20 126:19 128:17,25 129:3,8,11,18,25 130:6

old 7:10 once45:14 46:17

57:10 58:18 62:1 67:24 68:23 70:11 71:17 81:24 90:22 91:17 117:1,5 125:1

ones 25:6 31:13,14,15 53:18

open 40:1 54:2,3 57:8 68:12 69:2,16 71:23 72:1 80:7,8 89:4 107:18 124:16,17 124:18 130:9

opened 69:5 110:6 opening 69:17 operated 109:2 operating 66:13 operation 38:9 68:9

78:7,10 operations 40:13

73:6 123:4 operator 66:6,7 69:1 opportunity 18:2

104:9 order 104:5 origin 108:12 outside 17:2,14,15

20:6,10 55:5 77:14 77:15

overall29:7 95:13 125:16

Overlook 41:10 Overlock's 49:12 owned 38:4 57:22

75:20 109:1,5,10,14 owner41:10 51:20 o'clock 44:20 47:15

47:16 0'Neil33:l,3 55:15

61:2,2

P P2:l , l PA3:19 packer 98:17,18,20

100:22,25 101:12 101:24 102:16 104:14,16,22 121:10

paddles 17:12 page4:3,10 98:10

101:14 105:25 106:14,19,24 107:6 107:11 108:7 111:21 112:8,15,20 112:25 113:5,11,16 113:23 114:3,8,13 114:17 115:16 119:19 120:7,16,21 121:1 128:19 129:11,18,19 130:2

pages 102:14 paid 59:21 118:15 paint 32:20 86:25 painting 10:17 pallet 8:9 13:19

pallets 8:8 82:14 83:17 90:23 109:6 117:15 126:23

PALMER 3:2 paper8:ll,15 24:9

24:15,2148:8 53:21 57:1 111:4,11,15 115:8

papers 126:14 paperwork 49:3

55:20 59:16 93:25 124:12

PARALEGAL 2:14 Pardon 24:5 43:21

48:20 60:9 76:4 118:6 129:5

park 92:17,23 93:2 parked 57:25 93:1 part 18:22 87:17 particular 21:10

27:22 32:14 39:2 40:15 49:17 50:11 52-4 54-15 55-7 59-10 71-13 9T9 *J *s t L\J / A . A J S L • ~s

93:18,19 94:9 97:18 98:21,21 101:8 118:3 124:4

parts 18:3,8 25:15 92:12 96:17,17 127:4

party 131:10,10,11 131:13

passed 56:6 PASSERI2:14 pathway 25:20 Pawtucket7:16 8:22

45:17 79:4 80:12 87:17 92:5,15 97:21 98:2 99:1 104:19 108:22 109:13,22 112:12,18,19,24 113:20,22 114:16

Pawtucket/Provide... 54:16,17 55:5

Peabody 49:22,23 pending 5:9 Pennsylvania 2:3

43:1,7 44:6,21

people 74:16,19,20 74:22

percent 51:12 69:14 82:11 83:15 97:10 118:11,19

period 11:6 47:20,23 49:7 55:7 58:23 59:2,4,25 66:12 68:18 77:1 80:11,18 88:23 91:15 107:14

person 66:15 67:18 74:6,11 94:7 131:4

personally 25:8 Peterson 78:20 ph79:14 Phil 60:3 PHILADELPHIA

3:19 pick8:4 13:18 33:7

43:3 44:22 54:11 55:13 58:2,4,19 78:23 80:15,24,25 81:2 82:1,2 91:8,12 94-3 95-19 97-14 Si,^j y ^J. A y y I . L ~

126:2,2 picked 30:10 54:8

55:4 58:20 62:11 78:12,16 80:11 81:14,19,20 82:7 83:12 86:1 88:6 89:11,25 90:24 91:4 91:16,19,22 93:19 93:23 95:7,10,11,11 95:14,16 97:2,18 108:24 110:4,11,15 116:9,14,24 117:3,6 118:20 119:8 122:2 122:4,10 124:24 125:3,8,12,16,18,19 125:20

picking 29:2 49:24 53:25 77:20 78:25 79:22 80:18 81:12 88:24 94:5,9,12,17 94:18 98:2 105:2 109:24 116:4,23 122:13,20 124:5,23

pick-ups 125:6


142

picture 33:13 52:18 piece 21:10 127:20 pieces 90:11,11 pin 69:13 pipe 127:20 pit 40:18 place 43:4,7 53:21

57:1 75:21 81:1,8 92:9,10 123:4,18

places 35:18 42:2 62:14,15 70:22 78:22,22 110:16

plain 85:9 plaintiff 1:14 2:2,6

5:8 Plaintiffs 4:11 35:9

98:6 105:10 108:3 111:16119:15 128:11

plant 18:14 20:4 25:18 27:8 31:1 40:12 42:3,5,9,25 43:15 52:5 81:7,23 87:12,13 90:13 91:2

plants 18:11 21:4,9 22:3,16 25:11,20

plastic 13:8 28:17 111:8 115:12

plates 24:10 play 30:2 Plaza 1:15 3:3 point 6:23 10:9,10

16:12 29:3 39:3,21 41:11,1145:5 55:21 56:10 63:1,16 64:14 65:15,20 66:15 67:12 69:11 78:15 80:3 99:25 102:10 103:5

poles 123:6,20,21 126:24 127:5,7

Pollock 1:14 pool 44:14 position 51:25 65:13 pounds 31:21 110:14

110:14,17 powder 12:19 13:3

28:2,6,9,12 82:14

83:4 118:2 powdered 27:20 powders 27:22 prepared 35:19 36:5

36:7 present 16:13 45:13

57:17 president 52:2,2 pressed 23:8 presses 23:22 pressure 12:16 17:20

23:9 24:1131:20 69:15

pretty 64:4 68:11 93:10 100:2 107:23 108:17 109:13 117:9 ' . •

previous 71:24 previously 22:8

27:24 30:11 84:2 96:8 99:3 116:6 117:22

print 8:16 prior 105:7 prison 41:4 probably 12:25 16:7

17:24 24:126:3,3 28:16 29:16 33:11 51:12 60:18 62:15 63:24 71:25 73:1 74:19 83:15 85:6 89:13 91:6 92:13 93:9 97:10,17 100:21 101:19,21 103:13 111:7 115:1 116:10,16 118:11 123:8,25 125:25 128:3,13,14 130:12

problem 56:22 procedure 94:9 131:4 procedures 93:18,20

124:5,7 proceed 103:14 proceedings 131:7 process 12:11,12

14:17 15:16 17:17 20:9 22:6,7 26:11 27:14,25 48:2 65:3

67:15 68:3,22 71:1 103:1

produced 28:22 product8:l,7 18:16

19-1422-12 23-10 products 1:5,8 2:6

79:12 progressed 12:3 prompted 33:24 34:1

34:3 38:15 proper 43:8 property 123:9 Providence 1:15 2:11

3:3,7 38:25 39:8 PRUITT 2:23 Public 131:3,20 pull 69:12,13 purchased 30:11 Puritan 78:20 purpose 19:4 pursuant 131:4 pushes 40:3 push-out 40:2 put 8:11 13:5,18

22:12 25:1,8,10,23 25:24 26:7 27:19 39:25 42:16 45:15 59:13 63:17,19,23 64:23 66:25 67:4,24 69:2 70:24 71:18 73:5 74:18 75:5 81:1,8 89:23 103:14 104:5 108:20 121:14

putting25:18 28:18 50:18

P.C 1:15 2:18 3:14 p.m 130:15

0 qualified 131:4 question 5:23 6:8,15

6:18,20,22 10:20 36:23 54:19,22

questions 5:20,22 53:22 60:24 102:19

quickly 112:6 QUINCY315

quite 9:7 30:1,25 53:7 73:12 76:23 104:15 117:5

Quonset 10:9,10

R

R2:l 39:14 131:1 radio 56:8,10,23 radios 56:16,17 rags 86:20,22 96:22

96:24,25 97:4,15,16 117:15 118:18 127:21

raise 69:23 ram 69:17 ran 37:14 81:23

92:20 raw 26:10 27:11,19 RAYTHEON 2:17 reached 110:14,16 reaction 12:17 reactor 16:16,18 17:2

17:4,8,15 reactors 12:6 16:3

22:2 reading 16:20,24

17:1,3 ready 47:2 68:23 real 15:4 31:12,13 really 17:19 26:14,15

26:19 28:23 29:10 29:18 30:24 34:1 36:149:4 86:10 119:14 121:4 125:22 127:1,7

reason 5:22 81:25 recall 9:24 16:5,25

17:120:17,18,19 26:5 28:2129:7,14 33:10 34:12 35:19 41:9 46:15 49:7 51:6,21,25 52:12,14 52:17 53:16 56:13 59:160:2,12 61:22 62:4,18 63:1,8,10 63:22 64:8,13 66:18 68:9,12,17 71:15 72:19,25 73:17 74:1


143

75:8 76:2,5,19 77:3 77:24 78:5,9,15,25 79:6,20,23 80:3,11 81:13 82:6,12,18,24 83:10 84:13 85:5,7 85:10,25 86:2,7,13 86:15,18,20,25 87:3' 88:6,14,18 89:11 90:5,10,17,20 91:4 91:8,15,19,23 92:7 92:16 95:7 96:1,14 96:19,22,25 97:7,11 97:19 98:2 103:16 103:21 107:21 108:24 109:21,24 110:1,4,8,11,21 111:2,6,9,12 116:3 116:8,11,14,17,24 117:13,18 118:9,12 118:17,21,24 119:9 119:13 121:23 122:13,16,20 123:7 123:10,13 124:2,4 124:14,20,24 125:8 125:21 126:1,11,15 126:21,25 127:4,13 127:21,24 128:5,8 129:3,6

recap 79:15 receipt 98:17 receipts 49:5 recess 35:11 60:20

102:22 recognize 105:15 recollect 14:18 recollection 10:24

11:136:1381:18 108:14,17 114:23

record 7:5 35:7,13 57:18,20,21 60:21 102:24

Red 118:4 refer 34:23 35:24

98:18,20 100:10 101:4,25 104:16 105:22 106:12 112:3 113:21 119:25 128:25

130:8 reference 40:8 referenced 66:13 referred 22:3 39:15

95:1 107:23 referring 22:1 37:1 . 48:19,21 53:4 54:11

87:14 93:7 120:1 130:9

refers 99:16 108:15 129:3,6

reflect 36:10 refresh 36:12 114:23 registry 109:23 regular 9:17 43:24

71:16 72:13 related 20:12 102:16

126:9 relation 92:11 relationship 75:10,23 relationships 76:1 relative 131:10 reload 43:5,8 remember 10:24

14:15 17:10,23 20:7 24:2 29:10 30:24 41:2 52:18,23 55:22 67:8 68:7,20 72:20 73:2 74:4 86:10 95:9 110:7 121:25 122:2,5,6,9 127:7 127:23

reminder 6:6 reminding 60:22 REMINGTON 3:7 repair 91:1 repeat 109:7,9 rephrase 5:24 6:18 replacement 123:21 report 41:9 reporter 6:1,9 54:25

131:3 represent 5:7 102:13

104:4,23 107:17 115:5,22 121:19

requested 131:13 resembled 127:17 reside 7:7

residue 28:2 resin 12:9 13:3,21,23

14:25 22:4 25:23 26:7,9 27:25 82:16 82:17 83:5,5,19,20 84:7,13,17,23 85:15 86:11 96:3

respect96:ll 103:6 respond 5:25 6:21 responding 53:22 response 6:1,8,19 responses 6:6 responsibilities 20:17

52:4 rest68:3 83:16 restate 6:18 restriction 131:5 result 28:20 resume 34:23 35:17 return 55:17 review 102:25 103:5

104:10 131:13 Rhode 1:1,15 2:11,20

3:3,7 5:10 7:16 8:22 9:7,8 10:12,13 40:25 41:163:9 79:4 92:15 109:22 112:19 122:19 131:3

right8:10 18:13,21 24:2 25:15,21 32:13 32:16 34:9 35:21 42:5 43:19 48:13 54:23 60:21 67:18 72:2178:5 86:15,18 93:16 98:4,23 102:8 104:25 112:20,25 113:5,11,23 114:3,8 114:13 115:9 116:3 117:23 120:8 121:5 126:8 129:20 130:2 130:11

right-hand 98:11,14 105:14 106:1,14,24 107:6 111:22 113:16 119:20 120:16,21 128:20 130:3

River 64:12 road 3:15 62:6 64:25

65:11,1179:5 80:8 92:14 105:24

Rochester 40:12 41:18 42:9,21,22,23 42:24 43:9

role51:18 75:18 roll-off30:20,22

33:20,21 34:12 38:24 39:2146:9 47:9 77:10,25 98:24 105:21 108:13 109:5 130:9

roll-offs 63:6 78:14 ROME 3:18 roof 12:21 14:6 room 12:4 16:4,9,15

17:22 18:6 19:20 20:13 21:2 24:3

Rosemary 7:20 rough 15:3 roughly 90:25 round 17:10 33:13

46:25 route 42:7 47:23 63:9

63:11 65:1 122:18 routine 57:9,12 routinely 62:5,6 row 32:17. rubber 79:14 82:16

83:6 87:11,16,21 rubbing 28:8,8,8 rubbish 32:8 33:20

34:4 38:24 39:18,25 40:5,9 49:24 50:16 75:2 84:12

ruined 111:5 rule 47:5 131:5 rules 5:18 71:9 131:4

131:5 run 13:17 Russell 51:23,24 52:3

55:22,23 Russell's 51:25 Rust 90:19 rusted 90:12,14 Ryder9:ll , l l ,13


144

44:11,12 45:1,2,5,7 93:12

R's39:15,16,17 40:14 41:9

R.W38:22 39:11

S S2:l 4:8 SALLY 2:13 salt 84:22 saw 27:19 77:11,14

78:5 85:25 96:25 97:11

saying 85:21 88:21 115:14

says 36:24 98:20 100:3,6,7 104:22 105:20,21 106:10 106:17,22 107:2,9 * 108:11,13 113:20 120:10 121:9,10 128:23,24 129:15 129:23,24 130:1,6,7

scheduled 1:16 82:4 94:23 117:7 125:6

school 9:19,21,22,25 10:3

schooling 9:18 SCHWAB 2:6 scoops 27:2 scorch 14:14 SCOTT 3:18 scrap 90:14 91:25

97:24 scrape 85:17 seam 85:19 SeaMas 35:22 36:8

40:12,1941:13,14 SEAPORT2:23 3:11 second 57:19 secretary 48:17 52:10 see 17:9 31:24 32:1

35:3 52:21 53:2 61:7,9,10,12,16 62:5,8 70:15,20 71:8 73:11 74:3 75:7 83:10 85:13,15 86:3,24 87:21,23

89:24 99:5,7 101:16 101:17 112:15 119:6

seeing76:2,5 78:9 82:12 85:2,10 86:7 86:20,25 87:3 90:5 90:10,20 96:14,19 96:22 118:24 124:2 127:4,7,13,21,24 128:5,8

Seekonk58:l seen29:25 30:l 72:15

77:6,19,22 96:24 97:13

selectmen 34:5 Selwyn 38:22 39:11 send 43:18 sense 7:2 38:18 separate 18:23 25:12

25:14,24 42:14,20 separated 42:20 separately 28:13 series 5:20 serviced 116:18 servicing 39:3 set 47:23 110:13

131:14 setting 5:16 seven 64:21 seven-eighths 62:16 sewing 13:18 shack 103:8,18 shake 70:6,7,9 Sheehanl:15 sheet 8:11,15 48:8

50:7 sheets 48:16 shelving 111:7 ship 8:17 11:9 shipped 25:25 shop 32:19,20,21 Shops 78:20 Shorthand 131:2 shoulder 11:11,12 shuffleboard 30:2 shut 69:3,25 70:13 sic 50:4 52:21 side 64:11 69:22

side-by-side 21:13 sign 65:7 66:24 67:23

103:12,13 signature 99:18

100:17 101:16,18 101-21 102-15 104:22 105:16,18 106:2,8,15,20,25 107:7 108:9 111:23 112:9,16,21 113:1,7 113:12,17,24 114:4 114:9,13,18 115:17 119:21 120:8,17,22 121:2,7,17 128:21 129:13,21 130:1,4

signed 103:17 signing 49:4 silo 12:21 silos 12:22 28:4,5 similar 22:7 59:6,7

84:1 96:10 101:19 117:22 119:2

sitting 77:16 78:1 102:11

six 17:24 24:1 47:19 68:13

size31:10,17 80:17 85:5 90:15 103:10 103:10,11 122:6

skip 121:5 SL 67:24 103:14 sleepy 47:6 slip6:12 68:2 101:5

103:12 slips 65:7 67:10 small31:13,13 smashed 11:11 smelting 42:25 sock 13:3 14:13,19 socks 12:23 13:2 14:1

14:9,10 28:10 soda 42:19 soil 37:25 sold 28:13,15 41:12

41:13 44:8 somebody 57:8 66:13

67:12 94:14 Somerset 7:8

somewhat 87:9 son 72:18 73:23 Sonny 99:10,11,15,16 sorry 7:17,22 10:11

20:8 21:20 37:21 98-15 109-8 113-7 1 U 7 . 0 /J O . i. *J 1 1 J .

sort 12-7 63-13 75-9 75:22 92:9 93:25

sorts 43:10 72:24 127:13

sounds 44:1 source 112:1 spare 60:6 speaking 40:20 62:11

82:6 87:7 88:2 91:20

Speedy 86:5,7 spell 37:11 Spencer 36:24,25,25

37:2 spent 11:16 spray 12:22 square3:19 24:1 stack 13:19 start8:15 9:15 109:3

126:8 130:13 started 7:4 11:22

12:2 13:9 19:11 '30:4,20 35:21 36:4 36:13 38:2146:3 47:11,1449:10,14 56:15,16 57:10,13 58:18 62:22 63:12 63:25 64:3,7,10 65:9,10 66:2167:6 67:10 74:5 78:13 79:22 81:12 91:6 105:1 116:23 122:20 125:9

starting 9:10 state 7:4 131:3 Stateline 91:25 States 1:1 9:6 station 40:8,9,11,15

40:17 41:2 stationed 10:8 stations 40:2,22 stay 11:5 69:19


145

stayed 9:13 45:1,9 68:7,8 74:15 81:17

steel 24:7,8 42:11,15 42:18 69:18 90:11 90:12

stenographer 131:10 stick 40:14 70:4 sticks 85:19 stock 53:21 57:1

111:11,15 115:8 stop 34:21 36:18

50:1161:11,25 62:4 67:18 69:21 78:20 82:4 94:24

stopped 37:6 stops 34:17 39:5,7

48:11,23 52:6 56:4 58:6,9,14,15 59:11

store 70:20 72:3 109:13,17,18,19 110:6 111:10 112:2

. 112:12,18,19 113:22 114:16,24

, 115:5,8,11,20,23 stores 50:4 78:19 street2:15 3:7,19 7:8

7:20 8:22 42:5 79:5 80:6 87:15 89:6,15 90:2 92:14 97:24

stretched 17:9 strike 36:22 38:14

73:10 80:16 86:14 89:10

stuck 118:8 stuff 10:17 12:5,22

14:13,13,16 17:14 18:15 19:14 20:2,5 23:5,7 25:18 26:8 26:14,25 40:3 42:12 42:17,19,20 43:3,14 50:4 63:20 64:5 69:24 70:3 83:2,16 83:17 84:5 85:16 86:12,24 90:13 92:17 96:17 97:5 111:5,8 123:25

style31:ll Styrofoam 111:8

subcontractor 39:4 substance 84:2 sugar 13:24,25 15:10

15:11 27:2,3,16 28:7 83:25 84:5,22

sugary 84:1 suitl31:ll SUITE 2:19 supposed 34:7 48:6

110:15 sure6:ll 14:17 35:6

35:25,25 68:11 70:2 88:15 93:10 100:2 107:23 108:17 109:14 117:9

surprised 14:15 70:22

swept 84:24 swing 69:16 swinging 69:20 sworn 5:3 131:6

T T4:8 131:1,1 table 31:17 take6:10 8:4 9:3

10:16 13:7 20:5 23:22 25:22 34:7 38:5 40:18 42:11,11 42:21,24,25 43:4 46:24 52:8 53:21 64:25 81:7 102:10 102:17 108:2 115:15 131:4

taken 1:13 35:11 60:20 88:15,16 102:22 115:10 131:6

talk6:13 53:12 61:11 62:17 72:24 73:8,10 73:13 78:12,24

talked22:15 28:18 50:19 73:2,4,5,19 73:19 89:2 96:8 97:21,22,23,25 99:3 108:21 117:22 119:4 128:15

talking 6:10 14:19

21:10 32:1 58:24 61:20 72:22 84:4 87:24 97:6 102:3

tall 12:25 Teknor 1:7 2:17

78:19,24,25 80:21 108:21,25 131:22

telephone 2:14 127:4 tell9:15 18:7 27:9

34:24 52:6,8 56:23 57:2,15 58:9,10 60:15 65:12,20 67:20 68:1,21,25 69:1 71:23 72:4 75:3 82:12 84:20 89:8 92:7 99:23 100:6 101:1 103:9 103:10 105:20 106:10,17,22 107:2 107:9 108:11 111:25 121:17

temperature 17:2,3 17:15 42:15

temperatures 16:17 ten 12:25 33:11 34:14

45:4 63:4 86:4 119:11

ten-hour 47:4 terms 15:6 TERRACE 2:10 Terry48:18 52:9

59:23 testified 46:2 49:16

62:23 74:5 89:14 96:11 105:1,23 122:12

testifies 5:3 testimony 44:1 88:20 thank 9:2 130:13 thereto 131:5 they'd 13:7 20:5 25:2

25:6 40:18 42:16 43:5 44:20 50:5 65:12 67:25 68:1 71:23 72:4 85:20

thing 15:12 21:19,20 28:6 83:2196:4,13 127:17

things 16:24 19:25 27:6 72:24 73:22

think 10:1 11:18 16:8 19:13,21,24 21:4 23:2 24:2 27:24 28:1 29:13 37:5 41:5 45:11,21 46:2 49:16 58:10,13 62:23 63:18 67:5 74:5 78:3,20 79:4 83:9,18 84:17 85:2 88:15,16 89:2,3,14 90:24 92:1,23 95:22 102:9 103:22,22,25 105:1 107:25 108:1 108:18 110:6 117:24 122:18 123:14 124:16 125:23 129:18

THOMAS 2:3 THOMAS.JACKS...

2:4 Thompson 11:23

12:1,8 18:1,25 29:8 29:11 83:1,7 84:4 116:5 119:24 120:1 120:12,20,25 121:10,12,15,20

three 24:3 29:9 31:13 39:15,1.6,17 40:14 41:8 46:18 47:1,3 48:25 62:3 63:3,24 67:5 74:13,16 86:22 89:13 90:25 91:2,17 97:13 110:23 119:11 124:17 125:1

three-and-a-half 44:13,18

three-foot 24:1 three-quarters 47:8

62:16 125:25 threw 90:22 throat28:25 throw 24:24 25:2,7

70:22 84:11 127:1 throwing 87:11 ticket 65:18 66:24


146

101:5,6,8,15,23 102:5,15 1.03:6,16

' 105:14 106:5 108:8 108:11 111:22,25 128:20

tickets4:12,13,13,14 4:14,15 66:22,23 67:3 103:2 104:3,6 104:13,21 105:5

r 115:4 till 11:7 Tim 92:20,21 time6:2,ll 7:1 10:10

12:11 15:9 17:5 18:1 19:6 20:17 25:3 28:1 31:8 32:23 33:4 34:9,15 45:5,14 46:12,19 47:22 48:3 49:18 51:14 55:1 58:15,22 60:19 61:6,23 62:9 63:16 64:17,22 66:16,21 67:9 68:4 68:14,18 69:15 73:2 73:24,25 74:12,14 80:11,13 81:9,16,24 82:11 83:12 86:1 87:8 88:5 91:9,12 93:8 97:2,13 102:17 103:9 104:6 107:14 111:15 115:10 118:22,23 119:8 122:22 125:13 128:14 130:12

times 6:14 22:25 27:5 30:1 34:24 46:18 49:19 55:4 62:3 63:3,4 70:3 72:5 73:19 77:19 88:13 88:17 89:13 90:25 91:3 110:23

Tim's 80:7 92:1,7,9 92:11,19 94:8,22 95:8 97:25 105:21 105:22 106:6,11,13 106:18,23 107:3,10 107:18,24 108:15

tin 90:13

TINA 3:10 tire 87:21 89:22 tired 44:19,23 tires 79:15 87:16,22

89:19 today 53:14,15 60:8

60:10 told 12:13 26:18,21

26:23,24 27:6,7 47-25 49-17 59-12 59-13 64-21 66-8 71:12 87:4 101:2

Tom 5:5 Tommy 52:15 ton 78:21 toothpaste 18:17 top 8:13 16:10 39:25

"40:1 54:2,3 75:5 ' 80:7,8 89:4 91:21 99:20 107:18 124:16,17,18 130:10

tops 124:18 tough 6:1 Tower 109:5,10,11

109:12 town 34:4,9 49:14,15

49:20,21,25 50:3,5 50:5,17,18 62:7 79:18

town's 34:4 50:16 track 66:20 tractor 7:23 TRADE2:23 3:11 trailer 7:23 31:7

37:18 39:22,24,24 40:5 43:6 67:19

trailers 42:17 63:20 64:4

transcript 131:6,13 transfer 39:22,24

40:1,8,9,10,15,17 40:2141:1

Transportation 7:15 7:17,19 9:9 44:11 45:6

trash 40:12 41:17,23 41:24 42:12 43:4,12

43:14,19,22,24 58:19

tried 94:18 104:5 trip 46:23,24,25 Triple 39:14 trips 30:23 33:6 46:4

46:11,16 truck 30:10,20 33:21

37:14,16,17,18,19 44:16,22 52:8,8 53:14 55:8,10,12,13 56:8,1157:23,25 58:2 67:22 75:5 76:18 77:7,8,10,16 77:21,25 78:1 79:15 87:16,22 93:3,15 96:15,17,17 100:9 100:12,13 123:23

Trucking 37:3 trucks 13:8 29:6

33:20 38:6 64:5 92:17,24,25 93:1,11 94:13,19 109:15 124:2

true 47:20 51:13 55:1 68:14 88:23 131:6

Truk 39:5,6 40:25 42:149:10 50:20

try 5:19,21,24 6:6,7 6:12 54:18 102:19

trying 79:4 tube 17:11 tubing 17:7 turn 14:2,15 28:9

45:24 59:20,22 104:1

turned 55:22,23 turns 12:18 twice71:17 81:15,22

101:20 two3:ll 11:16 15:22

18:1121:4,9 22:3,7 22:15 25:1131:9,14 46:18 74:12,15 75:1 89:13 90:25 91:2,17 97:13 110:23 123:14 124:16,17 125:1,22 126:4,8

129:9,10,19 two-by-four 127:10 type71:10 88:2 types 16:24 23:15

53:25 87:7 123:4 typically 47:3,10

48:23 62:13 63:5 83:13 86:2 97:16 103:1

U Uh-huh 13:10 15:7

15:17,20 22:23 24:18 27:17 41:21 44:9 46:1 58:25 84:19 99:22 108:1 108:23 109:25

understand 5:23,24 6:4 7:24 12:12 14:17 40:7 50:6 88:20 89:17 98:23

understanding 12:10 34:2 50:6,9,21 58:13 59:8 79:12 89:21 92:4,8 93:14 95:13,16 123:3,17 125:15

understood 77:1 Unilever 1:4 2:2 5:7

131:22 United 1:1 9:6 111:11

111:15 115:8 unload 19:16 unloading 19:11,12

19:22 20:20 upper 15:23 101:15

105:14 106:7 108:7 111:21 112:20 113:11,23 114:3,8 114:13,17 120:16 121:6 128:19 129:19,20,20 130:2

upstairs 12:4 use 31:23 44:15 49:15

50:10,23 51:8 53:17 53:18 56:17 70:8 82:16 117:16 119:12


147

usually 8:7 31:9,21 34:1147 1 50:7 55:23 58 8 60:17 70:19 71 22 74:6,12 81:1788 12,13,21 93:24 111:10

V vacuum 13:1 14:11 Valley 2:13 78:21

122:14^128:24 129:16

valves 17:6 various 28:20 45:19

52:15,15 vehicle 127:25 verbal 6:1,6 vice 52:2 VICTORY 3:15 vinyl 12:9 18:11 21:4

21:9 22:3,15 25:11 25:18,20

Virginia 9:23 visit 61:1 VOLUME 1:13 VOSE 2:22 vs 1:6,10 131:22 VI 18:12 22:19,20,21

22:22 83:3 V2 18:12 22:22 83:3

W wait 68:25 walk 69:22 70:20 walking 61:19 wall 16:16 17:15 48:4 want 14:17 25:17,22

29:18 34:23 73:1 74:18 99:13,14 102:25

wanted 29:22 47:5 65:24 69:19

warehouse 13:7 25:19,19,21,24,25 26:2,6 80:7 92:2,8,9 92:11,19 94:8,22 95:8 97:25 105:21 105:22 106:6,13,18

106:23 107:5,10,18 107:24 108:15

WARNER 2:3 WARWICK 2:20 Washington 2:4 5:7 wasn't 10:9 17:19

26-15 341 47-1 JLiKJ • J. *J .J~ • JL ~ / . JL

49-19 53*8 73-3 95:10 115:14

waste3:13 28:22 41:3 54:8,9,10,11 62:12 64:9 71:2,10 78:13 78:16,25 79:22 80:12,18 81:13 86:25 87:7 88:2 95:23 96:14 108:24 109:24 110:4,25 116:5,9,14,23 117:10 118:21 122:2,4,10,13,21 124:5,23,24 125:3,8 125:13 126:2,5,11 126-21 127-24 A. 4-1 \J • 4-4 A J. ,£-r / • 1—i^T

water 17:2,4,5,16 91:21

waterline 11:13 way 18:7 40:6 43:3

62:14 65:13 69:20 73:5 74:18 79:11 81:4 89:23 94:19 101:20

ways 88:1 week 30:6,16 47:18

59:20 68:12 104:2,2 weeks 125:1 weight 43:8 welders 61:21 welding 32:19 went9:17 10:4 12:3

26:11,15,18 27:5 29:13 31:20 33:16 37:8 38:20 39:14 42:12,13 43:7 44:5 44:1149:22 56:1 62:19 65:4 69:18 88:12,14,21 103:1 103:19 110:21 111:15 126:1

weren't 34:7 West 2:23 9:23 weT15:19 33:12

34:20 71:25 102:18 130:13

we're 44:21 73:23 87:24 97:6 102:9,10

we've 97:21,22,22,25 108:21 120:2,13 121:19

WHEREOF 131:14 white 14:1 15:13

27:23 83:4,5 wide 26:3 69:16 wife 37:5 60:15 wiped 97:4 wire 66:1 wires 123:20,22

127:18 witness 1:13 3:13 4:3

5:12 10:20,25 18:4 24:528:4,25 29:18 35:3,24 43:2147:11 48:20 53:4 54:20,23 57:1160:9 61:3 65:6 76:4,7 79:7,9 86:17 88:8,10 90:1 93:20 102:21 109:1 109:12 118:6 124:7 129:5 131:5,14,23

work 4:12 6:17 9:15 17:2120:12,23 21:17 28:20 29:13 29:17,22 30:22 33:9 33:16,25 37:8 38:11 38:16 40:4 44:11 47:18 53:8,10 61:12 72:11 73:23 91:1 93:11 120:5

worked 9:9,13 10:6 12:11 16:6,8 18:1,5 18:6,9,25 19:6,8,19 20:24 21:122:24 25:16,17 29:8 33:4 33:15 35:18 38:18 39:10 46:20 48:2 51:21 52:11 67:16 68:22 72:16 76:17

93:8 94:14 116:6 working 11:22 12:7

15:18 30:4,20 35:21 38:2141:8 43:25 45:9,12 46:3,12 47:21 52:24 53:24 54:14 57:10,13 58-18 59-?4 62-22 65:14 66:14 73:3 74:1,7,17,23 76:16 77:2,5 78:13 80:13 91:6 93:13 123:1

WORLD 2:23 3:11 wouldn't43:15 65:15

66:23 95:12 write 16:18 67:22

68:2 100:24 101:20 written 10:21 34:22

100:22 WYMAN-GORD...

3:9

X X4:l,8

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Y yard61:19 yardage 67:23 yeah 7:3 .8:1 10:14

11:20 14:1 16:10 18:24,25 19:24 20:1021:5,17 23:19 26:13 27:13 28:13 32:1134:17 35:2 36:3 38:1 49:20 50:3 51:8 61:18,24 62:20 67:7 70:17 73:9 77:16 80:20 82:3 83:1,22 84:3 87:9 88:9 89:7 90:4 92:3 94:11 96:24 109:4 115:21 117:25 120:4 124:9

year9:10 16:7 60:17 62:2,3 95:12 110:7

years 9:17 11:3 29:9 33:1134:1444:13 44:18 45:4,12 63:24


148

164:21 67:6 73:1

76:23 77:22 93:10 year-and-a-half

39:11 Yep 30:17 100:5 Yes's 6:3 York 2:8,8 9:1,2

42:21,23

0 01-496-Ll:6 01-511-L 1:10 02108 2:15 021713:15 02210 3:11 02210-2604 2:24 02886 2:20 02903 2:11 3:3 02903-3819 3:7

1 14:12 7:9 35:9,14

39:1041:11 44:7 58:24 118:19 129:3 129:6,16,16,24

1,800 31:21 110:14 110:14,17

10:001:16 47:16 10:35 5:1 10271-00712:8 1054:13 1084:13 11th 131:15 11/17/80 99:24 11:0047:16 1114:14 116122:18 1194:14 12 44:20 77:22 120 2:7 122 63:9,11 65:1 1284:15 1299 2:3 13 77:22 130 3:19 1552:23 18TH319 19103-6998 3:19

195710:111:2 1962 11:2,19 1964 62:24 1973 58:24 1980 99:24 105:7 1983 58:24 199241:12 199644:8

2 2 1:15 4:12 98:6,9

104:10 130:1 131:22

2/11/81107:13 20-gaIIon85:6 20-yarder 67:21 20004-2400 2:4 2008 2:19 2009 1:15 131:15,22 202-639-7710 2:4 203242 1:25 212-964-6611 2:8 215-569-5362 3:20 2416:23 25 54:4 28 42:7 2800 3:3

3 3 4:13 100:9 105:10

105:13 130:7 302:10 54:6 131:5 30-yard 54:4 94:20

97:23,25 107:18 30-yarder 80:9 90:21

91:5 97:7 125:23 3083:15 31361114:8 33952121:7 354:12 350 26:4 37708 130:3 38*s 10:16 38450114:17 38838114:13 39013 113:11 39378107:6

4 44:13 108:3,6 4:26130:15 4:30 128:15,16 40 73:1 80:1 401-421-15113:8 401-454-0054 2:20 401-455-7669 3:4 401-831-8900 2:11 40409 113:5 41967 120:22 42895 106:25 43463 106:15 43611106:19 43700120:16 44711112:20 45106121:2 45537112:25 47063 113:19 47467106:8 48-yard 79:25

5 54:5,14 111:16,19 5:00 68:11 50 8:8 54:6 97:10 50-pound 13:15

82:23 117:21 50-yard 31:22 80:1,2

110:3 116:20,21 50-yarder 67:20 500 8:9 50238114:3 51449111:22 113:23 51865 108:8 52459101:15 53117128:20 53917119:20 54041112:7 55-gallon 23:10

90:16 55348 129:21 55848 120:8 58147129:12 58764106:1 58793112:15 59141105:15

6 64:1447:15 119:15

119:18 6:00 68:11 60 26:3 51:12 60's 105:3 617-406-4500 3:12 617-439-28312:24 617-542-5542 2:16 617-770-2900 3:16 64 29:16 65 29:16 62:24

7 74:15 128:11,18 707:11 118:11 70*s 116:10 719 7:8 7336:17 75 11:13 83:15

8 8th 1:15 8/17/10131:20 80 83:15 83 36:20 38:12 8938:12

9 9:00130:13 90 69:14 913:7 92 36:4 9312:19 96 36:7 984:12 99 82:11


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