FILED: NEW YORK COUNTY CLERK 06/17/2014
`FILED: NEW YORK COUNTY CLERK 062014
`NYSCEF DOC. NO. 213
`NYSCEF DOC. NO. 213
`
`INDEX NO. 190346/2013
`INDEX NO’ 190346/2013
`RECEIVED NYSCEF: O6/17/2014
`RECEIVED NYSCEF: 06/17/2014
`
`Exhibit C
`
`

`

`VOLUME:
`PAGES:
`EXHIBITS:
`
`I
`1~13O
`(A)
`
`tiiikwarntitttiifinuéwkétlAfiiinnx
`WILLIAM DANIELS EORGES,
`Plaintiit,
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`wnrwzrtktttttttwfttkiainnAwktiiix
`WILLIAM EANIELS EORGE5,
`Plaintiff,
`
`INDEX NO.: 190346/13
`
`~against—
`Individually and as
`3M COMPANY,
`Successer to Minnesota Mining
`and Manufacturing Company, et aid
`Defendants.
`x¢x:++«««as::*amx«x¢«xxo*«*;.,..X
`Caption continued on Page 2
`
`DEPOSITION OF THOMAS NEWSHAM
`Hampton inn New BedfordfEairhavcn
`One Hampton Way
`Fairhaven, Massachusetts
`THURSBAY, MARCH 6, 2014
`
`***'"CARGL JACKSON SCHILLBERG, csn, 1:1=:e~n«H
`
`JOB NO.:
`
`1815683
`
`M
`
`10
`ll
`12
`13
`Id
`
`18
`19
`20
`
`Representing 3M:
`LAVIN O‘NEIL RICCI CEDRONE & DISIPIO
`420 LcxinqLon Avenue. Suite 335
`New York, NY 10170
`A 19,6932
`215.319.6898 ~ Fax: 212
`BY:
`LAUREN BERK, ESQ.
`1berk@1avin~iaw.enm
`
`Representing Air & Liquid Systems Corporation:
`GOVERNO LAW FIRM, LLC
`Two International Place
`Boston, MA 02110
`617.737.9945 ~ Fax; 617.737.9046
`BY:
`KENDRA A. CHRLSTENSEN, ESQ.
`kchristensen@q0verno.com
`
`Representing Alfie Laval, Aurora, BHJIP, Ward Leonard,
`Gardner Denver, Greene Tweed. Neil Hcbainl
`SEGAL MCCAMBRIDGE SINGER & MAHONEY, Ltd.
`850 Third Avenue, Suite 1100
`New York, NY 10022
`212.651.7440 “ Fax: 212.651.7499
`BY:
`ARLENE G. CHARABEIGIE, ESQ.
`aqharabeigie@5msm.Com
`
`Inc.; FMC Corporatiem
`Representing Crosby Valve,
`individually and as successor to Northern Pump Company,
`Cvirin Turbo Pump Company and Peerless Pump Cumpany:
`EDWARDS WILDMAN PALMER, LLP
`2800 Financial Plaza
`Providence, RT 02903
`401.274.9200 ~ Fax: 001.276.6611
`BY: MIRIAM G. CAULEY, ESQ,
`menuleyfledwardswildman.com
`
`Representing Dezurik, Sears, Leeds & Northrup:
`MALABY & BRADLEY, LLC
`150 Broadway, Suite 600
`New York, NY 10038
`212.791.0285 ~ Fax: 212.791,0286
`BY:
`DAVID H.
`JONES, ESQ.
`dhjones@mblew.net
`
`INDEX NO.: 190347/13
`
`—aqainstu
`a Delaware
`CBS CORPORATION,
`Corporation,
`f/K/A Viacom,
`Successor by merger to CBS
`Corporation,
`a Pennsylvania
`Corporation, f/k/a Westinghouse
`Electric Corporation,
`eL al.,
`Defendants .
`tfiwamaarmuntwruittttiirixttnxgkwx
`
`Inc.
`
`APPEARANCES OF COUNSEL:
`
`Representing the Plaintiff:
`CDADY LAW FIRM
`205 Portland Street
`Boston, MA 02114
`617.742.9510 ~ Fax: 617.742.9509
`BY: CHRISTOPHER P. DUFFY, ESQ.
`dnEfy@coady1aw.com
`
`Representing Giddinqe & Lewis Machine Tools, LLC
`and Fives Machining Systems,
`Inc.:
`BUTZEL LONG
`150 West Jefferson Avenue, Suite
`Detroit. MI 48226
`313.225.7000 ~ Fax: 313.225.7080
`BY: WILLIAM J. KLIFFEL, ESQ,
`k1iffel@buLnei.Ccm
`
`Inc., solely as successor to
`RepresenLing Fioweerve,
`Rockwell Manufacturing Co., Edward Valves,
`Inc.,
`Nordstrom Valves,
`InC., and Edward VugL Valve Cn.:
`HOWD & LUDGRF: LLC
`65 wethersfield Avenue
`Hartford, CT 06114-1121
`781.235.5594 ~ Fax: 78l.?35.fi596
`BY:
`DAVID A. BEOSNTHAN, ESQ.
`dbrosnihan@hlaiaw.ccm
`
`inc.:
`Representing Genuine Parts Co..
`DAMON MOREY, LLP
`200 Delaware Avenue, Suite 1200
`Buffalo, NY 14202
`716.858.3182
`BY:
`CAROL G. SNIDER, ESQ.
`csniderfidamonmnrey-rem
`
`Representing XTT CDIp.:
`MELICK R PORTER, LLP
`one Liberty Square, 7th Fionr
`Boston, MA 02109
`617.523.6200 ~ Fax: 617.523.3130
`BY:
`BRIAN C. DAVIS, ESQ.
`
`Inc.:
`Representing Riley Power,
`CETRULO, LL?
`Two Seaport Lane, 10th Floor
`Boston. MA 02210
`Ei7.217,5500
`BY:
`SEAN M. MULDOWNEY, ESQ.
`smu1downey@cer11p.cn
`
`InC.:
`Representing Saint—Gobain Abrasives,
`ECKERT,
`SEAMANS, CHERIN & MELLOTT; LLC
`Two international Place,
`l6Lh Floor
`Boston, MA 02110
`617.342.6800 ~ Fax: 617.342.8899
`BY:
`JENNIFER WHELAN, ESQ.
`jwhelanfieckertseamans.com
`
`

`

`Inc. and
`Representing Taco,
`Superier—Lidgerwood Mundy Corp.:
`ECKERT, SEAMAN5, CHERIN & MELLOTT. LLC
`Two International Place, 16th Floor
`Boston. MA 02110
`517.342.6800 ~ Fax: 617.342.8899
`BY:
`NATHAN J. DUDLEY. ESQ.
`ndud1ey@eckertseamans.com
`
`Representing United Technologies Corp.:
`LAVIN O’NEIL RICCI CEDRONE & DISIPIO
`190 N.
`Independence Mall N., Suite 500
`Philadelphia, PA 19106
`215.627.0303 ~ Fax: 215.627.2551
`BY:
`EDWARD T. FINCH, ESQ.
`efinch@lavin—law.com
`
`Representing Warren ?umps, LLC and
`IMO Industries,
`InC.:
`PIERCE. DAVIS & PERRYTRNO, LLP
`90 Canal Street
`Boston, MA 02114
`617.350.0950 ~ Fax: 617.350.7760
`BY:
`ALEXANDRA NASSOPOULOS VTLELLA. ESQ.
`avi1e11a@pier:edavis.com
`
`Representing The William Powell Company:
`CLEMENTE MUELLER, P.A.
`218 Ridgedale Avenue
`Cedar Knolls. NJ 07927
`973.455.8008 ~ Fax 973.455.8118
`BY:
`MATTHEW M. MUELLER. ESQ.
`mmueller@:m—1eqa1.com
`
`‘APPEARANCES BY TELEPHONE:
`
`“Representing A.O. Smith:
`Mcfilroy, Ueutaeh, Mulvaney & Carpenter, LLP
`1300 Muunt Kemble Avenue
`P.O. Box 2075
`MorrisLown, NJ 07962
`973.425.0159 ~ Fax: 973.425.0161
`BY:
`DENISE D. HARRIS, ESQ.
`dhar:js@mdmc~law.com
`
`‘Representing American Optical:
`RENZULLI LAW FIRM, LLP
`81 Main Street. Suite 503
`White Plains, NY 10601
`914.235.0700 ~ Fax: 914.285.1213
`BY:
`NICHOLAS WHIPPLE, ESQ.
`nwhippJe@renzulli1aw.com
`
`*RepresenLinq Armstrong International.
`LA SORSA R BENBVENTANO
`3 Barker Avenue
`White Plains, NY 10603
`914.682.3300 ~ Fax: 914.682.3740
`BY:
`THOMAS M. BENEVENTAND, ESQ.
`la5oben1@aUl.cem
`
`Inc.
`
`‘Representing Bird. Inc;
`PASCARELLR DIVITA L1NDENBhUM AND TOMASZEWSKI. PLLC
`2137 Route 35, Suite 290
`Holmdel, NJ 07733
`732.847.9020 ~ Fax: 732.203.2300
`BY: MRDELYN IULO, ESQ.
`miulo@pdlLlaw.ccm
`
`*Representinq Brown & Sharpe:
`KENT & MCBRIDE, F.C.
`555 Route 1 South, Suite 440
`lselin, NJ 08830
`732.326.1711 * Fax: 732.320.1830
`ET;
`DAVID E. RUTKONSKI, ESQ.
`drutkowskiGkentmCbride.cem
`
`1
`2
`3
`
`4
`5
`
`6
`7
`8
`9
`10
`
`11
`12
`
`13
`14
`15
`16
`17
`
`10
`19
`
`20
`21
`22
`2
`24
`
`*Repre5enting Cameron International Corporation:
`COSTELLO, SHEA & GAFFNEY, LLP
`46 Wall Street, 11th Floor
`New York. NY 10005
`BY:
`CINUY YOUNG. ESQ.
`212.483.9600 ~ Fax: 212.344.7680
`eyoung@c5gllp1aw.ccm
`
`‘Representing Carrier Corp. and Burnham, LLC:
`WILSON ELSER HDSKOWITZ EDELMAN & DICKER, LL?
`150 E 42nd street
`New York, NY 10017
`212.490.3000 ~ Fax: 212.490.3038
`BY:
`MATTHEW L. CHARLES, ESQ.
`matthew.charlesflwilsonelser.cum
`
`*Representing CertainTeed. Union Carbide, MSA. and Pep
`Boys:
`DARGER ERRRNTE YAVITZ & ELAU, LLP
`116 East 27th Street, 12th Floor
`New York, NY 10016
`212.452.5366
`By:
`ERIC STATMAN, ESQ.
`estatman@deybl1p.com
`
`‘Representing Clark Reliance:
`O'TOOLP. FERNANDEZ HEINER VAN 1.1130.
`E0 Pompton Avenue
`Verona, NJ 07044
`973.239.5700 ~ Fax 973.239.3400
`32:
`GINA M. APOSTOLICO, ESO-
`gapesto1i:u@ofwvlaw.com
`
`LIAC
`
`Ine.:
`‘Representing Cleaver Brooks,
`BARRY, MCTIEBNAN & MOORE. LLC
`2 Rector Street
`New York, NY 10006
`212.313.3600
`BY:
`ZACHARY D. HENICK, ESQ.
`zhenick@bmmfirm.cum
`
`Page 8
`
`1
`2
`3
`
`4
`S
`
`6
`7
`8
`9
`10
`
`11
`12
`
`13
`14
`15
`16
`‘a7
`
`18
`19
`
`20
`21
`22
`23
`24
`
`DAP. Ine.; Pecora Corporation; Higbue,
`*Representing
`Inc.; and Fairbanks Company:
`MCGIVNEY & KLUGER, P.C.
`80 Broad Street. 23rd Floor
`New York. NY 10004
`212.509.3456 ~ Fax: 212.509.4420
`BY:
`IRENE A. ZOUPANIOTIS, ESQ.
`izoupaniotis@mk1aw.ns.com
`
`*Representing Eleetralux. Spjrax Sarco and Jergusun
`HGDGES WALSH MBSSEMER & MOROKNEK. LLP
`55 Church Street, Suite 211
`White Plains, NY 10601
`919.385.5000 ~ Fax: 914.385.6060
`BY:
`CYNTHIA K. MESSEMER, ESQ.
`cme5semer@hwmm—3aw.com
`
`‘Representing Goodrich:
`SMITH, STRATTON, WISE, HEHER 3 BRENNAN, LLP
`2 Research Way
`Princeton, NJ 08540
`609.987.2278 ~ Fax: 609.907.6651
`BY:
`OMAR—JOHN C. CEAVEZ, ESQ.
`uchavez@sm1thstratton.com
`
`lne., Howden Buffalo,
`Inc.
`
`‘Representing Gaulds Pumps.
`Spence Engineering Company,
`CULLEN AND DYKMAN. LLP
`09 Wall Street. 15th Floor
`New York. NY 10005
`'12.7O3.4116 « Fax: 212.742.2765
`BY:
`JOHN J. BURBRIDGE, ESQ.
`jburbridgoecullenannnykman.com
`
`Ineq
`
`‘Representing Honeywell International 1nc., E/kfa
`Alliedsiqnal,
`Inc.. as suecessor—in«incere5L to the
`Bendlx Corporation:
`MCBERMOTT WILL & EMERY, LLP
`340 Madison Avenue
`New York, NY 10173
`212.547.5430
`BY: MEISHIN RICCARDULLI. ESQ-
`mriccardul1i@mwe.cum
`
`

`

`‘Representing The Sherwin Williams Company:
`GIBBONS, F.C.
`One Gateway Center, 16th Floor
`Newark, NJ 07102
`973.596.0755 ~ Fax: 973.639.0326
`BY:
`CHRISTOPHER T. BASILO, ESQ.
`cbasiio@qibbons1aw.com
`
`Representing Velan Valve Corp.:
`FDRMRN PERRY WATKINS KRUTZ & TARDY, LLP
`328 Newman Springs Rd
`Red Bank, NJ 07701
`732.852.4403 ~ Fax: 732.852.4401
`BY:
`THOMAS M. TOMAN, JR., ESQ.
`tomantm@fpwk.com
`
`Representing York International and Erick Company:
`HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP
`40 Paterson Street
`New Brunswick, NJ 08903
`732.545.4717
`~ Fax: 732.545.4579
`BI: KRISTI
`JAHNKE LUZZETT1, ESQ.
`kluzzettifihoagiandlnnqo.com
`
`Representing Borg Warner;
`MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, PC
`105 Maxess Road, Suite 303
`Melville, NY 11747
`631.227.6346 ~ Fax: 631.232.6184
`BY:
`ANNA M. DiLONARDD. ESQ.
`amdi1onardo@mdwcq.com
`
`Representing Elliott Company:
`MORGAN LEWIS 5 BOCKIUS LLP
`1000 Louisiana Street, Suite 6000
`Houston, TX 71002
`713.890.5171 ~ Fax: 713.890.5001
`BY:
`CRYSTAL R. AXELROD, ESQ.
`caxe1rod@morgan1ewis.com
`
`DEPOSITION OF
`THOMAS NEWSHAM
`
`Examination by
`
`Examination
`
`Examination
`
`Examination
`Examination
`Examination
`
`.
`
`.'
`
`.
`
`I09,
`
`120
`
`. ........l08
`. .
`.
`.
`.
`.
`.
`.
`.
`. Snider . .
`r
`Rutkowski.......... -
`.
`.
`.
`. ..ll4
`:. Faloone........
`
`INDEX OF EXHIBITS
`
`EXHIBIT
`
`UESCRIPTION
`
`Affidavit of Thomas Newsham. .
`
`.
`
`.
`
`.
`
`.
`
`.
`
`.
`
`.
`
`. ..
`
`110
`
`(Original exhibit attached to original transcript.)
`
`
`
`*Representing Industrial Holdings:
`Industrial Holdings:
`
`MARIN GOODMAN, LLP
`500 Mamaroneck Avenue, Suite 501
`Harrison, N.Y 10528
`212.651.1151 ~ Fax : 212.661.1141
`BY:
`DIANE H. MILLER, ESQ.
`dmiller@maringoodman.com
`
`w
`
`Inc:
`
`*Representing Le1and—Gifford,
`MENDES & MOUNT, LLP
`750 Seventh Avenue
`New York, NY 10019
`212.261.8225 ~ Fax: 212.261.8750
`BY:
`JOHN FALCONE, ESQ.
`john.fa1Cone@mendes.com
`
`10
`11
`12
`13
`10
`
`15
`16
`17
`18
`19
`
`*Representinq Nash Engineering Company, Zurn lndustries
`LLC, f/k/a Zurn Industries,
`inc. {Erie CiLy Iron works).
`Falk Corporation (subsidiary UL United Technologies
`Corporation}, and Atwood & Merrill C0-. 100.3
`MCGIVNEY & KLUGER. P.C.
`80 Broad Street
`New York, NY 10004
`212.509.3456 ~ Fax: 212.509.4420
`BY:
`P, TOBIAS STULL, ESQ.
`tstui1@mcqivneyk1uqer.com
`
`‘Representing Pneumo Abex:
`HAWKINS PARNELL THACKSTON 5 YOUNG
`90 Broad Street, 9th Floor
`New York, NY 10004
`212.897.9655 ~ Fax:
`646.589.8700
`BY:
`DEENA M. CRIMALDI, ESQ.
`dcrima3di@hptylaw.eom
`
`LLP
`
`
`
`Inc.:
`‘Representing TDY Industries,
`HENNEY SHELTON LiPTAK NOWAK, LLP
`233 Franklin Street
`Buffalo, NY 14202
`716.3S3,3801 ~ Fax: 716.853.0265
`BY;
`JAMES E. NONAK, ESQ.
`jsnowak@ksln1aw.com
`
`
`
`
`
`IT IS HEREBY STIPULRTED AND AGREED by
`
`and between the attorneys for the respective parties
`hereto that filing, sealing and certification of
`the
`within Examination Before Trial be waived;
`that all
`
`objections, except as to form. are reserved to the
`time of trial.
`IT IS FURTHER STIPULATED AND AGREED
`
`that the transcript may be signed before any Notary
`Public with the same force and effect as if signed
`before a Clerk or Judge of
`the Court.
`IT IS FURTHER STIPULATED AND AGREED
`
`that
`
`the within examination may be utilized for all
`
`purposes as provided by the CPLR
`IT IS FURTHER STIPULATED AND AGREED
`
`that all rights provided to all parties by the CPLR
`5ha11 not be deemed waived and the appropriate
`sections of
`the CPLR shall be controlling with
`respect thereto.
`IT IS FURTHER SIIPULATED AND AGREED
`
`by and between the attorneys tor the respective
`parties hereto that a copy of
`this Examination shall
`be furnished. without charge,
`to the attorney
`
`representing the witness testifying herein.
`
`
`
`

`

`Page 13
`...................,..........,..................
`
`PuRuO"L»EvErD—I—N—G—S
`10:06 a.m.
`wwwwksttttttitxttsttattttsxkiwsksssnwxitxkktiwttt
`
`THOMAS P. NENSHAM, Deponent, having first
`been satisfactorily identified by a Massachusetts
`driver's license and duly sworn by the Notary Public,
`deposes and states as follows:
`EXAMINATION BY
`MR. KLIFFEL:
`
`Sir, could you please state your Eull name
`Q.
`for the record?
`
`Thomas, middle initial P, Newsham,
`A.
`NeB~W~SwH"A-M.
`MR. KLIFPEL: Let
`
`the record reflect this
`
`taken pursuant
`is the deposition of Thomas F. Newsham,
`to notice and to he used for the purposes permissible
`under the New York Rules of Evidence and Civil
`Procedure.
`BY MR. KLIFFEL:
`
`Q.
`
`Sir, my name is Bill Kliffel, and I*li be
`
`today: and hopefully, I'll ask most of
`starting out
`questions,
`if I do this the right way.
`
`the
`
`Page 15
`some time has gone by. S0 if you
`and what you remember.
`don't know something or don't
`remember,
`tell us that.
`Don't guess. All right?
`A.
`Okay.
`
`let us
`And ifi you need a break at any time.
`D.
`This is not a competition to see how long you can
`know.
`sit here. Okay?
`A.
`Okay.
`Very good. Sir, what year were you born?
`I was born in 1949, November 21,
`‘Q8.
`And how far did you go in school?
`high school diploma.
`fiid you ever serve in the military?
`No.
`
`is your phone number?
`And what
`508.990.8793.
`
`And do you still live at 39 Ryan Street
`
`Yes.
`
`Q.
`New Bedforo?
`A.
`
`0.
`A.
`
`And what's your ZIP code there. please?
`02740.
`
`And how long have you lived there at that
`
`0,
`address?
`A.
`
`I do want
`
`Page 14
`to go over some ground rules with
`
`you.
`
`Have you ever given a deposition like this before?
`A.
`Never.
`
`Q.
`of all,
`
`So you may not be familiar with this.
`if, at any time, no matter who‘s asking a
`
`FirsL
`
`if you don't hear it or if you understand the
`question,
`just tell the person that, and we will start
`question,
`over with that question. Okay?
`A.
`Okay.
`Q.
`You have to use words to answer Lhe
`
`You may look at me and nod your head or
`questions.
`the
`shake your head, and I may know what you mean, but
`court reporter to your right has to hear the words, so
`she can take them down.
`If you forget, which you
`probably will,
`I will
`remind you.
`A.
`Okay.
`I understand.
`Q.
`Unlike ordinary conversation, where you may
`know exactly whuro I'm going with my question and you
`may have a tendency to jump in and give me an answer,
`you have to let me finish the question before you
`answer, because she can't take down the two of us
`talking at one time. All right?
`A.
`Okay.
`Q.
`We're here to find out
`
`today what you know
`
`Page 16
`we were given an affidavit this morning that
`
`you had signed on February 26th of this year, and we are
`going to be exploring that and some other details as
`well.
`
`You
`A couple of preliminary questions.
`indicate in your affidavit that you met Mr. Borges at
`some point. Did you know Mr. Borges before you began to
`work with him, or did you meet him at work?
`A.
`1 met him at work.
`I didn't know him before
`I started work.
`
`find you and he worked together based on my
`Q.
`understanding at Horse Twist Drill?
`A.
`Yes.
`
`Q.
`
`A.
`
`And that‘s located in New Bedford?
`Yes.
`
`And did you start to work Lhere in i973?
`Yes,
`I did.
`
`or
`
`And then did you retire from that facility
`Q.
`leave it at some point?
`The plant Closed down.
`A.
`I didn‘t retire.
`0.
`And what year did Morse close down?
`A.
`It was either in ‘88 or
`'89.
`
`Q.
`gone now?
`
`Is the Morse plant still there, or
`
`is it
`
`

`

`it's gone.
`Do you know when it was torn down?
`0.
`1 don't recall, but it was —-
`1 don‘t know.
`A.
`More speculating, maybe five years ago.
`Q.
`Okay.
`A.
`Maybe longer.
`Q.
`Now, when you began to work at Morse, how
`many buildings were there?
`A.
`Two.
`
`Page 18
`
`floor over Pleasant Street.
`
`The third and fourth floor as it went over
`0.
`Pleasant Street, were they v~ did they simply give a
`
`the street to the othen
`means of going from one side of
`or were there areas where work was acLual1y done?
`
`A.
`plant, but
`Q.
`
`There was work done throughout Lhe whole
`it was an eecessway to get over Lo it --
`Okay.
`to the other side.
`
`And were those called the East and West
`
`was there a power plant or a power house at
`
`Not that
`
`l’m aware of.
`
`I'm going to explore a little bit
`Okay.
`more about this plant. First of all,
`in the East plann
`how many floors were there?
`there was five floors.
`A.
`On the East plant,
`Q.
`And were different things done on each floor
`in the East plant or departmenLs,
`if you will?
`A.
`The East plant only had machinery en the
`third tloor. Most of it was, you know, shipping and,
`you know,
`receiving.
`Q.
`Okay.
`And what sort of machinery, or
`it's easier, what was the name of the department
`was on the third floor?
`
`if
`that
`
`i
`really only one production area in the East floor,
`think a lot oi what went on in terms of production was
`in this the west plant?
`a minute.
`A.
`Yes —— no, wait a minute. Wait
`It's the other way around. Most of
`the production was
`on the East side.
`
`Q.
`
`So when you told me that
`
`in Lhe East plant
`
`there was the point grind area, was thaL in the East
`plant or not?
`in the East plant.
`A.
`That was
`then.
`0.
`Okay. Let's finish up the East plant
`So what other departments were in the East plant, apart
`from the point grind,
`the inspection. and Lhe shipping
`area?
`
`I'm getting confused.
`MR. DUFFY: Did you refer to them as the
`"East and West plant“?
`THE WITNESS:
`
`No.
`
`Try "new and old" maybe.
`MR. DUFFY:
`l'm getting confused.
`THE WITNESS:
`MR. KLiFFEL: Okay.
`THE WITNESS:
`It was Lhe East plant was the
`
`one with most of the manufacturing in it; and the West
`plant had the point grind and finish grind, you know,
`
`in
`
`0.
`buildings?
`A.
`
`Correct.
`
`And by the time you left Morse in 1986 or
`Q.
`were there still only two buildings or were there
`
`A.
`0.
`A.
`
`There was only two buildings.
`Okay. were they connected somehow?
`Yes.
`
`And were they connected at
`Q.
`to work there in 1973?
`A.
`Correct.
`
`the time you
`
`How were they physically eonnected to each
`
`They were Connected by the third and fourth
`
`A.
`Q.
`
`The third floor was point grind.
`And if 1 understand anything about Morse
`
`Twist Drill they did make drill bits ~— is that
`or cutting bits?
`A,
`Cnrrect,
`
`true?
`
`drill,
`
`And so this was where the actual end of
`Q.
`the point, would he ground?
`A.
`Yes.
`
`the
`
`Any other department or departments that
`Q.
`produced the drills in the East plant, apart
`from the
`point grinding department?
`A.
`They had inspections, and there was another
`location in there that had —~ it was a special grind.
`Q.
`And what floor was that on?
`A.
`That was on the third floor.
`
`Okay. And then the west plant.
`0.
`floors were in the West plant?
`can you revise that?
`A.
`I
`think I'm wrong.
`four floors in the East plant.
`
`how many
`
`was
`
`lt
`
`Q.
`West plant?
`A.
`Q.
`
`Okay.
`
`And how many floors were there in the
`
`there was five floors.
`in the Heat plant,
`And I'm just going to run through these in
`
`sequence now because if there was really only one --
`
`

`

`I'm with you.
`Yup.
`
`I'm on the same page.
`
`A.
`Q.
`of machine.
`A.
`Q.
`A.
`
`Flute grind, what floor was that on?
`Flute grind was on the second floor.
`The clearing machines.
`that's a certain type
`right?
`It's a Hertlein machine.
`A what?
`A Hertlein.
`
`As well as the flute
`
`grinders.
`Q.
`No.
`A.
`the third floor.
`
`was that also on the second floor?
`That was the —— the ciearsrs were on
`
`Q.
`
`The tap machines?
`was on the third floor.
`Resmers?
`Third floor.
`
`The point grinding, what floor was that on
`in the East plant?
`A.
`Third floor.
`
`the East plant
`Any other area or areas oi
`Q.
`that you can remember right now?
`i understand you may
`remember more later.
`
`A.
`
`Well,
`
`there was the hardening room on the
`
`
`
`to he made, we made them, you know,
`
`
`they didn't have them.
`Q.
`Apart
`from making tools, what else were you
`doing at
`that point? were you repairing machines?
`A.
`Correct.
`
`for machines,
`
`Page 20
`if
`
`
`0,
`
`Your affidavit indicates that you were,
`
`it
`
`you will, paired up with Mr. Borges at
`A.
`Yes.
`
`that point?
`
`this because he knew the plant and new
`Was
`Q.
`Lhe machines and he was sort of showing you the ropes?
`A.
`Yes,
`it was.
`
`that you
`And you indicate in your affidavit
`0.
`worked the second shift with him for much of your
`time.
`Did that start right away?
`A.
`Yes.
`1 started on the second shift.
`
`the second shift?
`What were the hours of
`5:00 till l:UD.
`5:00 at night until 1:00 in
`
`0.
`A.
`the morning.
`How long did you work with Mr. Borges on the
`Q.
`second shift beginning in 1973?
`A.
`1 worked —— well,
`I got broken in by him for
`three or four months.
`And then 1 went third shift for s
`
`10
`11
`12
`13
`14
`
`16
`17
`18
`19
`
`year, and then I ended up back on the second shift.
`Q.
`Okay. During the year that you went
`to
`
`
`
`
`
`
`
`a machine shop, and offices upstairs.
`
`M
`BY MR. KLIFFEL:
`
`
`
`Okay. What would you —— when you were at
`Q.
`Morse, what would you have called what
`I have asked
`ahout as being the East plant? What would you have
`Called it?
`
`A.
`
`On the east side, heading east.
`
`Okay. And then the West building, what
`Q.
`would you have called that?
`A.
`It was heading west.
`
`So what other
`Okay. All right. Very good.
`Q.
`departments were there in the East plant then? You
`already told me about
`the point grind, but you said that
`was actually in the west plant.
`A.
`Yes.
`That was
`in the West plant, yes.
`Q.
`So let's talk about
`the East plant, what
`
`16
`1?
`18
`
`departments there were and what floors there were on in
`the East plant?
`There was, you know ~~
`A.
`God, it was loaded,
`There was tap flute
`there was flute grind, clearing.
`grinders.
`There was reamers, you know,
`reamer machines.
`That was where most of
`the manufacturing was done «-
`Q.
`Okay.
`
`
`A. es on the East side. Are we correct?
`
`
`
`Page 23
`fourth floor, and the machine shop was on the fourth
`floor.
`
`Q.
`
`Okay.
`
`The machine shop, was that a
`
`production area. or was that an area where there were
`machines that were used to repair other machines?
`A.
`Correct.
`
`And were tools made there, cutting tools and
`0.
`things as well?
`A.
`Not
`
`in the machine shop.
`
`Okay. All right. We may ask a little bit
`Q.
`more detail about
`the physical huildings later, but
`I’m
`going to move on a little bit.
`So when you began to work at Horse in l9TL
`what was your first position?
`A.
`It was a machinist, but it was a maintenance
`machinist, mostly repairing machines.
`Q.
`And at that point
`in time, did you become --
`were you an apprentice?
`A.
`No,
`
`You already had the trade?
`Q.
`I already had the trade.
`A.
`And so did you begin there as a journeyman
`Q.
`machine repairman or machinist?
`
`A.
`
`I began there as a machinist.
`
`if tools had
`
`

`

`Page 25
`third shift. did you work with Mr. Borges at all during
`that time?
`
`A‘
`
`No. But
`
`I seen him because the time lapse,
`
`you know.
`Q‘
`A.
`
`in the second and third shift.
`There was.
`like,
`an overlap?
`Yes.
`
`Q.
`
`And then you went back after that year on
`
`third shift, you went back, again,
`A.
`Yes.
`
`to second shift?
`
`Q.
`A.
`
`Did you work with Mr. Borges then again?
`Yes.
`I did.
`
`Did you always work with him after your
`Q.
`break in during that first period. or did you work with
`him interznittently?
`A.
`I worked with him when I was on second shift
`
`every day.
`in some manufacturing
`1 know that
`Now,
`Q.
`facilities certain types of repairs are done during
`days. and others are put off until nights 50 there may
`be some kind of difference in what
`is done. was it that
`
`way at Morse?
`
`were there repairs that you didn't do on
`second, or did you do more repairs on geccnd?
`How did
`that work?
`
`A.
`Q.
`
`I was.
`Yes,
`And when was
`
`A.
`the '80:.
`
`‘T3
`Oh, God,
`I was out for
`
`it was the beginning of
`two—and—a—half years with
`
`a back injury.
`Q.
`And then you went back,
`A.
`Probably '84.
`
`roughly,
`
`'82 or
`
`'83?
`
`the last date worked before
`Do you recall
`Q.
`you went off on leave? Does that date stand out
`in your
`mind at all?
`
`I don't recall it.
`No,
`A.
`Okay. What about a season of year, would
`Q.
`you be able to tell us,
`like, fall of
`'82 or
`‘E1, or
`does anything ring a bell at all?
`A.
`I can't remember.
`
`Okay. Did you hurt your back in a specific
`Q.
`incident, or was it something that came on over time?
`h.
`It was in a specific incident.
`
`Do you recall
`Q,
`you hurt your back?
`A.
`No,
`1 don‘t.
`
`the date of the lfiCid€0L when
`
`1: was in Lhe ‘E05.
`
`'82.
`
`Now, did there ever come a time when
`Okay.
`Q.
`you no longer worked the second shift with Mr. Borges?
`
`1:695! 26
`took apart a machine, we
`Usually lf it —— we
`A.
`would Einish it and put it back together and get it
`running.
`How, did Mr. Borges ever leave the
`Okay.
`Q.
`machine repair category and go into supervision?
`A.
`NO.
`
`Q.
`A.
`
`so he was hands—sn the whole Lime?
`He was hands—on.
`
`And at some point, did he retire?
`Q.
`I really —— I
`imagine he retired, you
`A.
`when the plant Closed.
`0.
`So as far as you recall. he was there
`you left as well ——
`A.
`Yeah.
`
`Q.
`A.
`
`—— when the plant closed down?
`Yes.
`
`During any time in 1973 until the plant
`Q.
`closed down and you left, was,
`if you can remember,
`
`Mr. Borges ever off of work for any extended amount of
`time?
`
`A.
`
`No.
`
`At any time l973 until you retired or until
`Q.
`the plant closed, were you ever off of work for any
`extended time?
`
`Page 25
`I worked third shift when I got called back
`A.
`because there was a big layoff, and I worked third
`shift.
`
`So you’re talking about when you came back
`Q.
`after your back injury?
`A.
`well, no. After the layoff,
`worked at another manufacturing plant.
`Q.
`When did this layoff occur?
`
`I went and
`
`A.
`Q.
`
`A.
`
`Q.
`
`‘83.
`I'm going to say in ‘82,
`And was Mr. Borges laid off at
`
`that
`
`time as
`
`NO.
`
`And when you came back from that
`
`layoff.
`
`I
`
`guess that was probably before you went off on your back
`injury or not?
`the back injury when I
`A.
`ThaL‘s where 1 got
`came back‘
`I worked alone on third shift.
`
`So you are talking. Lhen, you were
`Okay.
`Q.
`off on your back injury from '82,
`'83, and then for
`about
`two-aud—a—half years after that?
`A.
`Yeah.
`
`How long were you laid off
`All right.
`Q.
`before you came back and then hurt your back?
`A.
`I'm going to say a good year and a half
`
`

`

`can‘t really be specific.
`0.
`Okay.
`And then after you came back, did you
`always work third shift after that until
`the plant
`closed?
`
`Until it closed, yes.
`A.
`And so from that point on, did you ever work
`Q.
`side«by—side with Mr» Borges anymore?
`A.
`No. But our shifts ran into each other.
`
`where he would, you know —— I would talk to him.
`Q.
`So it sounds to me like the time you worked
`
`Borges was 1973 when you began there until }'ll
`or so when you were laid off?
`Yes.
`
`A.
`
`After that, you didn't work with him,
`Q.
`although your shifts would overlap and you would see
`each other?
`A.
`
`Yes.
`
`And then after that, maybe he would have
`Q.
`started to work on a machine,
`for instance, and you
`
`might have finished the job? Did that ever happen?
`A.
`Not really.
`If we were breaking down a
`machine,
`it‘s usually you break it down, you put it
`together --
`Q.
`
`Okay.
`
`Q.
`
`Okay.
`
`Page 31
`Now, at Morse, within the machine
`
`if you will, were there certain
`repair classification,
`types of repairs that you and Mr. Borges would make and
`types of repairs that you would not make on the
`machines. or did you do all sorts of work on the
`machines?
`
`All sorts on every machine 1H there.
`A.
`broke down, we would get it running.
`0.
`Could you tell us, please —— and again,
`
`3
`
`If it
`
`You
`just want generic machine types right now.
`mentioned a number of different types of machines
`earlier, but what
`types of machines were you and he
`
`I‘m a layperson, which I am,
`repairing? And assume that
`and 1 don't know a lot about machines, which is true.
`A.
`Hertleins.
`
`Q.
`
`Q.
`A.
`
`I'm sorry?
`Hertleins.
`
`that for me?
`Can you spell
`H—I—R—T—L-IvN—E [sic].
`I believe that's how
`
`it's spelled.
`Q.
`Is that a brand name or a model or trade
`
`A.
`
`it was a trade name. More clearers and
`
`{lute grinders.
`
`~~ rather than leaving a bunch of
`A.
`bucket, you know.
`Q.
`For continuity?
`A.
`Yeah.
`
`Page 30
`tools in a
`
`Q.
`
`Okay. Very good.
`
`How many machine
`
`repairman were there at Horse working on the second
`shift?
`
`A.
`Q.
`A.
`
`three —— there was four.
`two,
`One,
`Now, was Morse a union shop?
`Yes,
`it was.
`
`Do you know if Mr. Borges was ever a machine
`
`Q.
`operator?
`to my knowledge,
`Not
`A.
`He began working there a number of years
`Q.
`before you did.
`You wouldn't have personal knowledge of
`his dayvto—day activities before you began to work there
`in 1973, would you?
`I wasn't even [amiliar
`A.
`No.
`Like I said,
`with him until I started there.
`
`Q.
`
`Okay. All right.
`
`And by the way. did you
`
`begin to work at Morse in May of 1973?
`A.
`Yes,
`I did.
`
`Q.
`
`would you happen to remember the date?
`May 7th.
`
`Page 32
`
`Q.
`
`So what
`
`I want
`
`to get at now is not
`
`the
`
`trade or manufacturer names of
`brand,
`want to know the types of machines.
`were there lsthes there?
`
`I
`the machines,
`So,
`for instance,
`
`A.
`Q.
`
`there was.
`Yes,
`so there were lathes. okay. WhaL other
`
`types of equipment were there, other than the lathos?
`A.
`Well,
`there was ~— you know,
`there was many
`machines in there.
`IL was 5 big building,
`two
`buildings.
`sure.
`Q.
`Gisholt, Warner & Swasey, Brown & Sharpe
`A.
`Jones & Lamson.
`
`Any others that you can recall?
`Q.
`Like I said,
`there was
`just, you know,
`A.
`probably thousands of machines in there.
`0.
`Okay. This may he a better way for me to do
`it then. You’ve given me some brand or trade names,
`and
`I guess what I'll do is go through those and find out
`what
`types of machines these companies made.
`The Lirst one you told me about was.
`think you called it, Hertloin?
`A.
`YES4
`
`I
`
`Q.
`
`What sorts of machine did Hartloin make that
`
`

`

`Page 33
`the plant that you and Mr. Borges worked
`
`were present at
`on?
`
`A.
`
`There was Clearers for the drills and flute
`
`grinders.
`Q.
`
`And those are the only two types oi”: machines
`
`that you associate with Hertlein or Hirtline?
`A.
`Hertlein.
`1 believe that was, you know ——
`that's what
`they basically did was clearing and flute
`grinding.
`Okay. Very good.
`0.
`company called Gisholt?
`A.
`Yes.
`
`Then you mentioned a
`
`Q.
`A.
`
`Can you spell that for me?
`G~I—S-H~O~L~T.
`
`And what sorts of machines that you and
`Q.
`Mr. Borges would have worked on do you associate with
`Gisholt?
`
`Gishoits were the shank and the cutting part
`A.
`were welded together av
`Q.
`Okay.
`A.
`we and these Gieholts skimmed them off,
`weld off of
`them.
`so it was kind of
`a lathe.
`
`the
`
`from the lathe
`Sort of a 1aLhe, okay. Apart
`Q.
`that you just talked about. any other sort of machine
`
`did it have some other name?
`
`1 would say a cutLer lathe.
`Okay.
`It just cut, you know,
`from a long bar.
`
`the blanks to size
`
`Any other specific sorts of maChineS
`Okay.
`Q.
`that you associate with Brown & Sharpe other than the
`cutter lathe that you just told me about?
`A.
`I
`think they might have made grinders.
`Q.
`Okay.
`Any others, or is that all you can
`remember with respect
`to Brown & Sharpe?
`A.
`That’s all
`I can remember
`from that.
`
`And then you mentioned a name, did you say
`Q.
`Jones & Lamsou?
`A.
`Yes.
`
`Q.
`A.
`
`that £0: me?
`Are you able to Lell spell
`J—0-N-E-S.
`Lawson.
`L—A—M —— L—fl—MAB~S"0—N
`
`[sic].
`
`I really don't know.
`Okay.
`And what specific machines do you
`Q.
`associate with Jones & Lamson that you and Mr. Borges
`would work on?
`
`Thread grinders.
`A.
`And any other sort of machines you associate
`Q.
`with Jones & Lamson, other than the thread grinders?
`
`that you associate with Gisholt specifically?
`A.
`No.
`
`Then you mentioned Warner Swasey. can
`Okay.
`0.
`you spell that for me?
`swasey.
`A.
`w—n—R—N—F.—n,
`—— S—E.
`I don't know.
`
`s-w-A--C-4' {sin} I
`
`Q.
`
`And what sort of machines do you associate
`
`with Warner & Swasey that were present at Horse Twist
`that you and Mr. Borges would have worked on?
`A.
`Warner Swaseys were tap flute grinders, and
`I believe there was a grinders,
`too,
`that were Warner
`Swasey.
`Then you mentioned Brown & Sharpe.
`Okay.
`Q.
`Can you spell
`that for me?
`A.
`B~RmOmW~N,
`S—HvA—R—P—E.
`Q.
`And what sort of machines at Horse do you
`associate with this company. Brown k Sharpe that you and
`MI. Borges worked on?
`A.
`They would cut Lhe stock lo size.
`hardened.
`It was basically like a
`lathe,
`too.
`Q.
`was it specifically a cutter,
`is that what
`you would have called it?
`A.
`Yup.
`
`It wasn't
`
`Q.
`
`would you have called it a cutter lathe. or
`
`A.
`
`No.
`
`I'm going to go and get a few more
`Now,
`Q.
`details on these machines,
`ifl
`I can.
`The Hirtline or Hertlein lathes that you
`talked about, first of all, would you know, was there a
`brand or trade or,
`like, an equipment name associated
`
`that you can
`
`a model name or number,
`
`with any of Lhem.
`remember?
`On Hertleins?
`A.
`Yes.
`Q.
`I can remember.
`No, not that
`A.
`Did all of those Hertlein lathes exist
`Q.
`before you got
`to Morse and began to work there?
`A.
`Yes.
`
`You wouldn't know the maintenance history of
`Q.
`any of those lathes by Hertlein before you got
`there,
`would you?
`A.
`
`No.
`
`in
`were any new Hertlein machines brought
`Q.
`after you starLed to work there, or do you not
`remember
`that?
`
`They were already there.
`I don't.
`No,
`were these lathes manually operated?
`No.
`It was all hydraulic.
`
`

`

`Page 31
`Do you know how old those lathcs were before
`there?
`l dun‘t recall. no.
`
`Q.
`yfiu got
`A.
`
`would you have any way of knowing what
`‘
`Q.
`decade they were manufactured in?
`A.
`No.
`
`when you say they were hydraulic, explain
`Q.
`that to me. What do you mean by they were
`"hydraulic"?
`The blank would get pushed into it and get
`A.
`caught by a chuck; and if it was a flute grinder.
`they
`would cut
`the flutes into the drill.
`
`So the feed was done hydraulically
`Yes.
`
`the stock?
`
`—— of
`Yes.
`
`Q.
`A.
`
`Q.
`A.
`
`Q