deposition of wallace hooper, united states vs… · in the united states district court for the...

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE -x V ********** UNITED STATES v. GENERAL ELECTRIC COMPANY and WINDSOR-EMBASSY CORPORATION * * * * [ * * * * * * Case No. C 91-467-D Volume II ******************* DEPOSITION OF WALLACE HOOPER Deposition taken by agreement of counsel, held at the U.S. Attorney's Office, 55 Pleasant Street, Concord, New Hampshire, on Thursday, May 21, 1992, commencing at 9:30 a.m. Court Reporter: Sandra de Vasconcellos, CSR, RPR DAVID R. JORDAN & ASSOCIATES Certified Shorthand Reporters (603) 778-7710 N.H. 1-800-562-3945 P.O. Box 303 Exeter, NH 03833 DAVID R. JORDAN & ASSOCIATES

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

-x V* * * * * * * * * *

UNITED STATES

v.

GENERAL ELECTRIC COMPANYand WINDSOR-EMBASSY CORPORATION

* * * * [

******

Case No.C 91-467-D

Volume II* * * * * * * * * * * * * * * * * * *

DEPOSITION OF WALLACE HOOPER

Deposition taken by agreement of counsel,

held at the U.S. Attorney's Office,

55 Pleasant Street, Concord, New Hampshire,

on Thursday, May 21, 1992, commencing at

9:30 a.m.

Court Reporter:

Sandra de Vasconcellos, CSR, RPR

DAVID R. JORDAN & ASSOCIATESCertified Shorthand Reporters

(603) 778-7710N.H. 1-800-562-3945

P.O. Box 303Exeter, NH 03833

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APPEARANCES:

For the Plaintiff U.S. ATTORNEY'S OFFICEBy: Gretchen Leah Witt, Esq55 Pleasant StreetConcord, NH 03301

For the DefendantGE Company: BINGHAM, DANA & GOULD

By: Paul J. Lambert, Esq.1550 M StreetWashington, D.C. 20005

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I N D E X

WITNESS;

Wallace Hooper

EXAMINATION:

By Mr. Lambert

By Ms. Witt

By Mr. Lambert

By Ms. Witt

By Mr. Lambert

EXHIBITS FOR IDENTIFICATION;

None .

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WALLACE HOOPER.

having been previously sworn by,

was deposed and testified as follows

EXAMINATION

BY MR. LAMBERT:

Mr. Hooper, when was the first time that you were

aware of Mr. Fletcher's plans to purchase pyranol?

Well, the first time I went out out there was the

night that the Russians sent the Sputnik up. I

remember this because out in Hudson Falls this is

what they were talking about, and we didn't know

too much about it or I didn't at the time, and I

think it was '57, I believe.

Okay. Before you went out on that trip, did you

have any conversations with Mr. Fletcher with

respect to the pyranol?

Well, he told me -- I don't remember now. I know

he was the one that sent me, and I did talk with

him. I was supposed to pick up the barrels. I

don't know now whether I knew what it was or not.

I don't remember whether I knew then or not.

Did Mr. Fletcher describe to you at that time or

around that time what he intended to do with the

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pyranol that you brought back?

No, I don't think he knew. He had to find a

customer for it first.

Did he tell you that he was going to look for a

customer for it?

Well, I suspected that I knew it because he was in

that type of work, buying stuff and selling all

the time. So I imagine I suspected that he would

find a customer for it or be looking for one.

When we were here last time, you described the

arrival at Milford of some trucks with drums of

pyranol. Was that before or after you made your

first trip?

That was before.

Okay. Let's start with that, then,

chronologically. Did you have any discussions

with Mr. Fletcher with respect to the shipments of

pyranol that came on the trucks?

Boy, that's a long time ago. I don't know.

Well, at some point, I take it, you were aware

that he was making efforts to sell the pyranol, is

that correct?

Uh-huh.

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How did you know that he was making efforts to

sell the pyranol? Was that as a result of

conversations with him?

Well, he was advertising it and he was sending out

samples.

Were you involved in either the advertising or the

sending out of samples personally?

I was not involved in the advertising; that was

all done from the head office. I don't remember

whether I put samples up or not; I may have. I

know that samples went out. He advertised it, and

if a company sent back and wanted some, you'd send

them a five-gallon sample, as I recall.

Do you recall that these samples that went out

came from the shipments that came in on the truck

as opposed to drums that you had picked up in

New York?

I think they would have gone out before I went

out, maybe. So I would have known before that.

Was there any time during the first year or so

that the -- year or so after the pyranol began to

arrive ,at Milford that you had some conversations

with Mr. Fletcher relating to what he planned to

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do with the pyranol or to whom he intended to sell

it or anything like that?

I don't recall that I did; I may have, but this

would have been way back in the early '50s

somewhere, '50 — I don't know what year they

came, '51, '2 or '3.

Okay. Can you recall in general terms, at least,

however, that you had conversations with him in

which he indicated that his plan was to resell the

pyranol?

I imagine I did.

Do you remember who was involved in the

advertising of the pyranol for Mr. Fletcher?

Well, back then it probably would have been

himself.

Do you have any recollection of the newspapers or

magazines or periodicals in which he advertised?

Well, he used to advertise in chemical magazines.

I can't tell you the names of all of them now, but

they were --

Were they specialty chemical magazines, in the

sense that they dealt with recycled or salvaged

material?

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A lot of that, yes, as I recall.

My question is whether or not the magazines dealt

with that subject, as opposed to were they

chemical magazines that simply had some sort of

classified ads in the back, do you know that? Do

you know which of those it was?

I think he advertised in several magazines, and of

course I don't know if he advertised that in the

American Paint Journal or not, but he did used to

advertise a lot in that.

And then there was a large magazine I used

to pick it out of the rubbish barrel and read it

while I was eating my lunch sometimes that he used

to get. It was a chemical magazine, I know that.

I forget just what the name of it was, and then

sometimes he used to advertise things in like the

New York Times. Now, whether he would have

advertised that in the New York Times or not, I

don't know.

At the time when the first shipments of pyranol

came, was Mr. Fletcher already in the business of

buying and selling chemical products?

Yes, he did that years before that.

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Your recollection was that the first pyranol came

in the early 1950s sometime?

I would say so. I'm not sure what year.

And it's your recollection now that prior to then,

for a period of years, he was buying and selling

chemical products?

Uh-huh.

And did those include chemical products that had

been in some way used previously so that they were

scrap or salvage?

Well, he was always buying anything he thought he

could make a dime on, whether it was chemical

products or whether it was something else.

Do you know where he looked to — did you ever see

him or talk to him about where he looked or where

he heard about the products that he bought?

Well, I suspect that he found advertisements on

these things, I have an idea.

What's your idea based on? Is it your

recollection, or are you just guessing?

Well, I'm guessing, more or less, because he got

all these papers, chemical papers, and books and

magazines and obsolete surplus chemical magazines

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and things. So I suspect that's how he found out

about it, but I could be wrong.

Was there anybody who worked closely with him back

in the early '50s in connection with buying and

selling products?

Back in the early '50s he did most of it. Of

course afterwards there was other people he hired.

I would say then that he was -- of course the

company, the paint company, was small and growing

back then.

Did you ever see or hear of ads published by

General Electric relating to pyranol?

Not that I recall.

Did you play any role in the sending out of the

samples of the pyranol to prospective customers of

Mr. Fletcher?

I think that he ordered or asked us to pick out a

good drum of pyranol, as I recall, and put it into

five-gallon cans, and of course it was capped up,

and those cans were to be sent to people who

wanted a sample.

Back in the '50s and '60s, had you had any kind of

training in dealing with chemicals as opposed to

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on-the-job training?

Not really.

Just on-the-job training?

Mostly on the job. I did — he sent Ricky and I

to Northeastern University a couple nights a week

for classes, but that was mostly for paint. That

was for paint formulations and things.

Do you recall in what period of time you went to

classes at Northeastern?

I would have said it was in the 1960s somewhere,

but I'm not sure.

Was that a lab program, or was that a class with

textbooks and no actual chemicals?

We had textbooks, no actual chemicals.

What was the period of time at Fletcher's when you

were actually involved in the making of paint,

what years, as best you can recall?

In the actual making of paint?

Yeah, handling the raw materials and mixing the

paint.

Well, I stopped in 1970, I know that, mixing paint

because that's when I had a gallbladder operation.

I never mixed any paint after that. I would

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say -- well, they fired the paint mixer because he

mixed a bunch of stain wrong, and I would say that

would be -- I'm not sure what year, maybe '65,

'66, somewhere along in there, and then I mixed

paint after that.

So your responsibilities for mixing paint were in

the period of approximately five years, give or

take a couple?

I would say so. Before that I did mix some,

but -- I did help mix some before that, but I used

to work on the can filling and labeling and things

like that more than I did after I started — after

he fired the paint mixer.

Do you recall whether he fired the paint mixer

before or after your last pickup at General

Electric?

Oh, that was long before that.

I'm sorry, which was long before which?

He fired him long before the pickup at General

Electric. Wait a minute now. What am I saying?

It might have been the other way around?

I think it was the other way around.

So that you think that you became the paint maker

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after the last time you went to General Electric?

No, the last time I went to General Electric was

in 19 — I'm not sure of the year there, either,

but I would say "74. I'm absolutely really not

sure of the year.

Do you recall whether you went to General Electric

after you had your gallbladder operation?

Yes, I'm pretty sure I did. I couldn't do

anything for a while. The gallbladder operation

got me all upset and I didn't handle any heavy

stuff and things for a while, but I think I did

after awhile, I think I went afterwards. In fact,

I'm pretty sure I did.

Do you recall whether you exchanged paperwork at

General Electric for the entire time you went

there?

As far as I remember, I exchanged paperwork every

time, every trip, as far as I remember.

Do you recall there was a dispute at some point

about whether Fletcher's was going to pay for

pyranol from General Electric?

Well, I know that —

Can you answer that specific question, first, do

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you recall a dispute at some point in time as to

whether Fletcher's would pay for pyranol?

No, not really.

Were you aware of any efforts being made at any

time by General Electric to get Fletcher's to pay

for pyranol that Fletcher's had picked up and not

paid for?

Well, I wasn't aware of it, but I suppose it could

have happened, especially at the last of it.

Was there anything in your — I'm trying to get a

sense of -- the best sense I can as to when the

last General Electric pickup was because the

General Electric — well, I'm trying to get a

sense as to when the last pickup was.

Was there anything that happened in your

personal life in the '60s that you can recall the

date of clearly so I can ask you whether you

recall going to General Electric after that

occurred, anything in the '60s that stands out?

I could think of things, but I don't know if they

happened in the '60s or not.

Okay. , Over about a how many year period did you

go, did you actually drive to General Electric?

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Well, I didn't drive every trip.

I understand.

And there was summers I didn't drive any out

there.

What years were included in the years that you

drove?

Well, while I was — the years I was mixing paint,

many trips I didn't make out there; another truck

driver would be — quite a few times. In the

winter I was more apt to go because the paint

business was slow in the winter, but in the summer

he wanted me there while the paint business was

booming and there was a lot of paint to be made.

Is it your recollection that you drove back and

forth to General Electric over a period of 15 to

20 years, that long a time?

Well, I would say — I'm pretty sure it was '57

when we started, I think in April, and I would say

'73 or '4, somewhere around in there, we stopped.

Now, I tell you what I'm basing that on. He

bought an International truck in 1972, I think it

was. That was a surplus truck from the state

here, but it was only two years old. And with

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that truck I went to GE a few times; I can't tell

you how many, but I'm pretty sure I did.

How do you recall the truck was purchased around

1972?

It was a 1970 truck and it was two years old when

he bought it.

You mentioned the last time you were here that you

dealt with Tony Metevier?

Uh-huh.

And after him Ed Varnum, is that correct?

Uh-huh.

Were they the people who you understood to be in

charge at GE of the business that you had there?

Yes, in charge of the salvage.

What periods of the years that you went to GE was

Metevier there and what period Mr. Varnum, as best

you can recall?

That's a good question. No, I'm not sure.

Metevier would have been — I'm not sure. I would

say Metevier somewhere in the late '60s, I would

think, was transferred to another department or

something. He still worked for General Electric,

but he worked for another department, and I can

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give you a little inkling, I think, maybe on that.

When did they start selling sweepstake

tickets in New Hampshire, anyone know? Well,

Mr. Metevier wanted me to — he wanted to give me

some money and get some for him, and it was all in

the papers and everything about it, and -- well, I

didn't know whether it was legal for me to buy

them and take them over the state line or not, so

I asked Mr. Fletcher about it. He said go ahead

and do it. So I did it.

Now, if I recall, Metevier about that time

was leaving the salvage department and being

transferred to this other place, and -- because I

remember when I took the tickets back the second

or third time I bought them, I think he had moved

and he was in another office. And I found where

he was and went to that office so I could give him

the tickets, but I can't tell you what year it

was .

Okay. About how many years did you deal with

Mr. Varnum?

Well, after Mr. Metevier left the department, not

as many as with Metevier. I don't know, five or

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six years, give or take.

Was Mr. Varnum still in charge at the time you

made your last pickup at GE?

I don't recall that he wasn't, so I think he

probably was.

I want to go back to Mr. Fletcher's efforts to

market the pyranol for a minute. Do you recall

whether there were any other products that he was

marketing at the same time he was selling pyranol

that he had purchased as opposed to manufactured;

in other words, where he was a middleman but

nothing more?

Gee, I don't know. I imagine there were, but I

can't think of what they could have been.

When you were the paint maker, you had access to

the recipes for the paint?

Uh-huh.

Do you know whether chlorinated materials,

chlorinated solvents or chlorinated chemicals were

ever used in the paint-making process?

A small amount of arochlor, but it was a very

small amount went into rubber-based paint. I

remember that we made rubber-based paint. He

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brought in a drum of arochlor or two, and then we

were running out of what he brought in.

He had bought this from General Electric.

It was sitting in the backyard. He said why don't

we try to use that, he said, but there wasn't much

that was used in the paint. I forget, there was

only a gallon or two to 100 gallons of paint.

How about other chlorinated material, like

chlorobenzene or trichloroethylene?

Trichloroethylene, that was a — let's see, was

that the metal cleaner? I'm not sure now.

Were there any materials, any chemicals, you can

recall using that had the word chloro in there

somewhere?

Yeah, there was something, but I can't think of

what it was or what we used it in. See, over the

years he made a lot of things beside paint. Like

he made floor wax and things like that.

Was there any time during the period that you were

going to GE that you were the person who was

responsible for arranging the pickups?

No, I don't think so. I think that always came

out of the office. They would tell me when they

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wanted the truck to go or whoever was going.

Did you ever have firsthand information as to what

the nature of the business arrangement was between

Mr. Fletcher and GE relating to the material that

you were bringing back from GE?

I don't recall that I —

Let me ask it to you differently. Did

Mr. Fletcher ever tell you what the business

arrangement was that he had with GE with respect

to any of the products that he picked up there?

The business arrangement that he had?

What he was paying, what it was he had arranged to

buy, how much he had arranged to pay for it.

I think I knew at the time what he paid for it,

but I don't remember now.

Were you aware of any other business arrangements

at the time other than the price?

Well, I know that we were getting things that were

not pyranol. If there was pyranol in it, there

wasn't much in it, and I know he complained about

that because it was stuff we couldn't use or —

How do you know that he complained, did he tell

you that or did -- who told you that?

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I think he told me, and I knew from out there,

too.

When you say you knew from out there, what do you

mean?

Well, Mr. Fletcher made a deal with —

Let me just ask the question again. Let me

rephrase the question.

MR. LAMBERT: Can you read it back. I want

to try to keep this in small pieces for the

moment.

(Question read.)

Okay. Answer that question.

Well, Mr. Fletcher had made a deal with Metevier

because we had been getting drums that were marked

maybe 1499 or something to be — supposed to be

pyranol but they wasn't, either they wasn't

pyranol at all or if they were it was such a small

amount in them that he called — I suppose he

called Metevier and talked with him about it.

And according to — we were getting a lot of

drums that were not full, too. And of course

originally we had the thing from Mr. Fletcher to

take all drums that they gave us.

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So he made a deal with Metevier that every

so often he would give us a load of pyranol. It

was supposed to be pyranol to take the place of

the ones that we couldn't use, if you see what I

mean.

So the paperwork was always passed on these,

as far as I was concerned. I would have to sign

the paper and all that and I would get the paper,

but as I understood it, these were never passed

in. Of course they gave me the paperwork in case

I got stopped going out or something.

Did you have any conversations with Mr. Metevier

about this arrangement?

Well, I knew it was going on, I know that, and I

remember telling Metevier that we were getting

stuff that wasn't pyranol or —

Can you remember any conversations that you had

with Mr. Metevier concerning this arrangement that

you've just described where GE provided drums of

pyranol at no cost to Fletcher's to make up for

drums that had previously been sent that

Fletcher's found objectionable?

I think I did. I think he told me on the side on

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a few occasions that these papers would not go

into the head office unless something happened

that I got stopped going out or something.

Which papers were they? Which papers was he

referring to when he said they were not going to

go into the head office?

Well, that was eight and a half by eleven size, I

think, about the size of these, and they were

General Electric -- what do you call them?

Forms of some sort?

Yes, forms.

Okay. Did you ever have any discussions with

Mr. Fletcher about this arrangement that you can

recall?

Well, I think he told us that this was going on.

This was during Mr. Metevier's time period,

obviously?

Yes. I know there was one trip that we went out

and, I don't know, we picked up a bunch of stuff.

99 percent of it wasn't what we wanted, you see

what I mean. It was too thinned out stuff or

something. I think that was when he started to

complain about it. We had had the trouble before,

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but it was getting to the point where he didn't

want to pay for this stuff.

Did you have any conversations with Mr. Fletcher

about the material that you're now describing?

I probably did. I don't recall specifically.

Did he ever express to you, Mr. Fletcher, the idea

that he didn't want to pay for certain material?

Well, I think that — I don't know as he expressed

it to me, really, but it was what I surmised.

Okay. Based upon what?

On the stuff that we were getting that wasn't

always pyranol or wasn't always good; it was

thinned out too much or something.

Do you know whether or not Mr. Fletcher had made

arrangements with GE to pick up material that was

not all pyranol?

Well, one time we picked up some open-head drums

of paint, I remember, but that was Mr. Metevier

had told him about the paint and made the deal

with him on that, I know that.

That was Mr. Fletcher purchasing paint on purpose,

right?

Yeah.

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Now, on the pyranol, do you know whether or not

there were any communications between Mr. Fletcher

and GE that related specifically to the question

of the purchase of pyranol that had been thinned

out in some way?

Well, a lot of it had been thinned out in some

way.

All right. Do you know whether there was any

conversation between Mr. Fletcher and GE on that

subject?

I don't know.

Did Mr. Fletcher ever describe to you any

conversations that he had with GE on that subject,

that you can recall?

Well, no, not really.

Did you ever have any conversations with anyone at

GE in which the GE person described conversations

that he had with Mr. Fletcher on that subject?

Well, I know they was aware of the fact that we

were getting stuff that wasn't completely pyranol,

so I think probably I did have some conversation

with them, something about it.

Can you remember any of the conversations?

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A Not really.

Q Did you ever become aware

had water mixed in it?

A Was I aware of it?

Q Yes .

A Most certainly was. You

water, especially in the

Ft. Edward, because they

up on the bungs good, and

the top of the barrel and

would fill full of water

drums .

Q Just rain water?

A Well, that would be rain

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that some of the pyranol

couldn't help but have

pyranol that came from

didn't tighten the caps

the bungs would be on

the top of the barrel

and it would go into the

water, yes. I don't know

how much water got in otherwise.

Q You said the last time you were here, and I think

again today, that some of

were — were too thin; it

material?

A Yeah.

Q Was there a time when you

the pyranol drums

wasn't a good, thick

became aware that there

was water -- that, water was one of the reasons or

the reason why the pyranol was thin?

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Water didn't mix with the pyranol; water stayed on

top.

Did you ever see water on top of the pyranol?

Yes.

When you brought back drums to Fletcher's that had

material in them other than pyranol which made the

pyranol thin, am I right in understanding that the

practice was to blend drums of heavy stuff with

drums of the thinner pyranol in order to make

loads that were sufficiently thick to be sold to

Webster?

Right.

And am I correct that at times the — strike that.

Let me go back to GE for a minute.

Did you ever have any discussions with

Mr. Metevier or Mr. Varnum or anyone else at GE

with respect to what was in the drums of pyranol

other than pyranol, that you can recall?

I don't know whether I had any discussions with

them about that or not.

Can you recall ever being shown any kind of

chemical analysis of what was in the pyranol drums

by anyone at GE?

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No.

Can you recall ever seeing a chemical analysis of

what was in the pyranol drums that was prepared by

anyone at Fletcher's or anyone else for that

matter?

No.

Did anyone from GE ever describe to you how the

pyranol that was in the drums that you picked up

came to be put into those drums?

Well, as I recall, some of the fellows there told

me that it was the drainings of the tanks when

they got done a run or something, and they —

sometimes the cleaner was mixed in.

Did they describe to you a procedure? When you

talk about the drainings of the tanks, did they

describe to you a procedure where capacitors were

filled with pyranol until they overflowed?

I don't recall that. I knew they had pyranol in

them, but I don't know about them overflowing.

Can you recall who at GE was the source of this

information relating to drainings?

I think it was some of the fellows that worked

there, some of the fellows helped load the truck.

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Not Mr. Varnum or Mr. Metevier?

I don't think so, but I'm not sure.

When they said drainings, did they describe the

drainings in any kind of detail so that you

understood what they meant?

No, I don't think. This was all done in a

different building, I think.

That was my next question. Did you ever see the

drums of pyranol being filled before you got

there?

No.

So to the extent that you actually observed the

pyranol at GE, what you were observing is what you

could see when you opened some of the drums to

check it before you brought it back to Milford, is

that correct?

Well, we didn't open the drums there; we did at a

later date, but we didn't originally, especially

at Ft. Edward, if I recall, checked them closer

because we had more problem with the pyranol from

Ft. Edwards than at Hudson Falls.

Do you recall when it was you began checking the

drums?

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That was after Mr. Varnum came, I believe.

Mr. Varnum was more of a company man than Metevier

was. These free loads and things were done with

Metevier, as I recall, and Varnum wanted to charge

for anything that went out no matter what was in

it.

Did you ever have discussions with Mr. Varnum on

that subject yourself?

I don't recall that I did, but I'm sure

Mr. Fletcher did.

Did Mr. Fletcher ever describe those conversations

to you that you can recall?

Not that I recall.

Back to a question I asked you before, at the

point at which you began to check the contents of

the drums, what exactly did you do?

Well, we had a round siphon thing that you stick

down in the drum. Of course it went down about,

oh, I don't know, about so far in the drum and

pulled the handle up and it would fill up with

pyranol.

Like a siphon? ,

Like a siphon, yeah. And then we carried a glass

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beaker with us and a thing with a float, and I

forget now whether there was markings on it and I

forget now — it checked specific gravity, that's

what we were checking. It had to come to a

certain thing, a certain number, or else we didn't

take it, and that took time, but.

Did you check each drum?

Checked each drum. Well, as I recall, I used to

put the thing in, pull out a little bit, see how

heavy it was. If it was heavy, I didn't bother

checking the viscosity and hydrometer, but if it

was thin and questionable, as I recall, then I

would check it.

And if it didn't meet your standards, you rejected

it?

That's right.

And didn't pay for it?

That's right, didn't take it, period.

And this process began when Mr. Varnum took over?

Yeah, I believe so.

But not Mr. Metevier's time?

No, not that I recall, anyway. I'm pretty sure it

was — because Mr. Metevier was taking care of us

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Q

on these drums, but Varnum, different type of

fellow completely, and he didn't want to take care

of us on them.

Do you know whether or not Mr. Metevier was ever

told that the practice back at Milford was to take

the drums of thinner pyranol and mix them with

heavier drums — mix them with heavier material

from other drums?

I don't know; not to my knowledge. You see,

Webster Cement paid two different prices, I

believe. The real heavy stuff they paid more

money for than they would the thinner stuff.

I'd like to ask a couple more questions about

conversations you might or might not have had at

General Electric when you went out there. You

described a couple of minutes ago what some of the

men told you with respect to the processes that

produced the pyranol that was in the drums.

Apart from what you told me then, that is

the reference to the drainings, is there anything

else you can recall that you were told with

respect to how the pyranol came to be in the drums

that you were picking up?

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Well, I remember at least on one occasion — I'm

not sure but two — on one occasion General

Electric got hold of some pyranol. It was — I

don't know, there was something wrong with it.

Off spec?

Something like that. I don't know exactly what

the problem was, whether something got into it and

contaminated it or what, but it was as good as new

pyranol, but they drummed it all up and we were

getting it.

Apart from that and apart from the drainings, can

you remember anything else that you were told

about the sources of the pyranol that you were

picking up?

Their sources?

Yes. In other words, how it came to be in the

drums. Where did it come from?

Well, I never was in the buildings where it was

put into the drums.

Right.

So I really don't know. I saw the freight cars,

especially at Ft. Edward, used to drive right by

it. It said Monsanto Chemical, and I believe it

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was marked with a little sign that contained

pyranol. That was how they got it, I believe.

But the pyranol that you were picking up, based

upon what you were told by the GE people, came to

be considered scrap or salvage, or whatever it was

that they referred to it as, because it had been

the drainings from some process that GE carried on

using the raw material it had purchased from

Monsanto?

Yeah.

Now, do you know in what part of the GE facility

the drums were filled?

No, I don't think I did know. I may have at the

time, but I don't recall that I did.

Can you remember the names of any of the GE people

that you spoke with, other than Mr. Metevier and

Mr. Varnum, who discussed with you where the

pyranol came from?

Well, it seems to me there was a fellow that used

to run a forklift there by the name of Tom, but —

there was several that run the forklifts there,

but I -- and then there, was the forklift driver at

Ft. Edwards. I'm trying to think of his name —

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Ted something.

Can you remember anything in particular that

either Ted or Tom told you with respect to where

the pyranol came from, anything you can attribute

to them individually?

Not really.

Were you ever told that General Electric was

sending pyranol that it considered to be of poor

quality to landfills in New York?

Not really, but I don't know what they did with

what we left behind that we didn't take. It

always seemed to me as if General Electric was

darn glad to have somebody take it.

Happy to have somebody pay to take it?

Pay to take it, yeah. So I think they had a

problem getting rid of it.

Did anyone ever tell you they had a problem

getting rid of it or was that a surmise?

Well, that was more or less a surmise, but —

Can you recall what Mr. Varnum's title was when

you dealt with him?

Oh, gosh --

That' s too hard.

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— I don't recall. I always called him the head

man of the salvage department, but I think he

might have had another title.

Okay.

See, Mr. Metevier was in charge of the salvage and

the stationary department, I think, at Hudson

Falls; but then after he left the salvage

department, he was at Ft. Edward because that's

where I went to see him with the tickets, I know,

that time.

You testified the last time that Mr. Fletcher

instructed you not to tell General Electric —

That's right.

— what he was doing with the pyranol.

That's right.

Was that because — did Mr. Fletcher tell you that

that was because he wanted to make sure that GE

didn't find another customer?

Probably; I don't know, but.

He did instruct you not to tell them?

Yeah.

Did he also instruct you not to tell Webster where

he, Fletcher, got his pyranol?

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That's right.

And did he tell you why you weren't supposed to

tell?

I don't know as he told us specifically why, but

when the truck came back from Ft. Edward or Hudson

Falls or wherever it had been, or wherever we had

picked it up, all the markings were supposed to be

obliterated. We had to clean the drum a lot of

times, had to clean the drum in order to paint it

off because they were messy.

And why was that done?

Well, he didn't want anybody to know what it was,

I guess, and where it came from.

Did he tell you that he didn't want Webster to

know that the pyranol had come from GE in order to

prevent Webster from dealing with GE directly?

I don't know as he ever told me that, but I always

had a feeling that might be.

You testified last time that some of the pyranol

you picked up was in drums that were marked

Tri-Clean-D, is that right?

Uh-huh, they were used drums.

You understood that these were drums that GE had

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purchased Tri-Clean-D in and then was reusing the

drums for pyranol?

Yeah.

Did Fletcher's ever purchase Tri-Clean-D from some

sources of its own?

They got a few drums from GE.

Apart from what it got from GE, did Fletcher ever

purchase Tri-Clean-D from some other source to

your knowledge?

Not to my knowledge.

Did you ever work with it when you were paint

maker?

Tri-Clean-D?

Yes.

No.

Did you ever see any kind of analysis of what was

contained in Tri-Clean-D?

I don't remember whether the drum label told or

not; it could have, I don't recall. The

Tri-Clean-D drums had labels on them, paper

labels. It may have told, but I don't recall.

Did you know from any qther source what the

constituents of Tri-Clean-D were, the chemical

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constituents?

The only thing I ever knew about was it was some

sort of a metal cleaner, that's what I always

considered it to be.

Based upon what did you consider it to be a metal

cleaner?

Well, I think it was on the label. I don't

remember for sure, but I think it was on the»

label. I forget who made it. What chemical was

it? I don't remember now. I know it's some other

chemical company other than Monsanto.

Did you ever have any discussions with anyone at

GE relating to Tri-Clean-D, to your knowledge,

that you can recall now?

I don't recall having any. There were other

markings on the drums beside Tri-Clean-D, used

drums.

There were other used drums that didn't have

Tri-Clean-D on them?

Yeah, they had other chemical names on them. I

don't recall what they all were now, but.

Now, you mentioned that you picked up some drums

on one of your trips that contained paint

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products?

Yes.

Do you know what Mr. Fletcher did with the paint?

Well, I imagine we reprocessed it and sold it. I

don't remember.

Do you know one way or the other, do you have any

knowledge?

I would imagine that's what happened.

I'm trying to —

That's a long time ago.

Yeah, I know. I'm trying to find out whether or

not you actually know what happened to that paint

after you brought it back to the plant as opposed

to what you surmised happened to it.

Well, I really don't recall, but I expect I may

have seen. It probably was dumped into a tank and

mixed up and, I would guess — and done whatever

they could have done with it.

I appreciate — all of us think we know things and

we draw inferences from facts around us, but what

I'm trying to find out now is what exactly if

anything — if you can recall exactly what

happened to those particular drums. Do you

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remember that they were mixed in with other paint

or —

They could have been. I don't recall, to tell you

the truth.

Fine, okay.

I may not have done it, but I recall picking them

up. But he was always wheeling and dealing with

other companies on paints and things.

So he could have resold it?

Oh, yeah.

The last time you testified you referred to

cleaners as being in some of the drums. Were you

referring to Tri-Clean-D, or were you referring to

something else?

In some of the pyranol drums?

Yes.

Well, I know a lot of them had Tri-Clean-D in

them, and there may have been others, I'm not sure

now.

There were some drums of Tri-Clean-D that GE sold

to Mr. Fletcher, is that correct?

No,t intentionally.

Okay. Then I misunderstood testimony the last

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time.

Well, he got some, but I don't know —

Do you know whether or not it was intentional or

not that he got drums —

I don't think it was intentional.

Do you know whether or not it was intentional? In

other words, did Mr. Fletcher ever tell you it was

unintentional?

No, but we got a few drums mixed in every now and

then that were Tri-Clean-D. In fact, we got some

that never were opened, just as they came from the

factory.

You didn't mention that last time.

And so -- and I knew he could sell it because he

already got some sold. I went out there one day,

and this was at Ft. Edward, the guy out there --

because Mr. Fletcher said in those days take

whatever drums they can give you -- two or three

pallets of brand new drums of Tri-Clean-D, so I

took them.

Did you tell us last time that Mr. Fletcher resold

those drums of Tri-Clean-D to someone else?

Yeah.

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That's what I thought. Apart from Tri-Clean-D,

were there any other cleaners or what you thought

of was a cleaner that was contained in any of the

drums?

Not to my knowledge, but there may have been, I

don't recall.

Was there ever a time when you brought back drums

of pyranol that was not intentionally scrapped by

GE; that is, raw pyranol never used in the form in

which it was delivered from —

That I picked up?

Yes.

I don't recall specifically of it, but I could

have.

Did GE ever ask to get any of its pyranol back?

Yes.

Which pyranol was that?

As I recall, the first loads that he got, which I

always thought — I don't know how I knew but came

from Pittsfield, Mass., and he was trying to sell

it, and I think he had found a customer for it,

I'm not sure now.

And I remember him saying that GE had

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contacted him and there was some of the drums that

was good stuff, that was new stuff that was never

supposed to have been sent to him, I think, and

they liked to buy them back. But he didn't

want — as I recall, he didn't want to take the

time to go through the pile and find them, and

probably he had already sold some of them.

So he never sent any back, to my knowledge,

but they did — there were some drums that

apparently they weren't supposed to send to us

that somehow got on the truck, I guess, and we got

them.

And as I said, they had some — at least on

one occasion, I'm not sure but two occasions,

drums that were — it was new stuff, never been

used, but it was something about it was off spec

or something -- I don't know just what the story

was on it — and we got it. But for any other

purpose it was just as good as new stuff.

You testified last time that it became the

practice, became your practice at some point after

you started dealing with GE, to check the drums

over to see if they were in good condition, that

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is with gaskets and bungs.

Yeah.

Did this checking over process occur at GE or did

it occur at Fletcher's?

Well, originally it occurred at Fletcher's, but

then after we got so many drums the covers wasn't

tight on or the gaskets were gone or something, we

started to carry a box of gaskets and extra bungs

and a bung wrench with us and to tighten the bungs

up, at least before we left General Electric, or

to check them to see if they were tight.

How long before you stopped going to General

Electric had that become your practice at this

time?

I don't know, not too long after we started going

because we had problems — one of the trucks we

had had a metal bottom in it, and it tips the

drums up when you're loading them and the stuff on

the top would come off onto the floor and make the

floor slippery. And so we wanted to stop that as

much as we could.

So you took a repair kit with you, so to speak?

Yeah.

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When the drums arrived at Fletcher's and they were

loaded off the truck, did you ever stay to observe

what happened to them next? Remember the last

time you said that oftentimes you went home to

bed?

That's right. Oh, yeah, I saw them unloading

sometimes. In fact, I helped unload them a few

times, but a lot of times I left when I got back.

Was the integrity of the drums checked again at

that point, was that the practice, or do you know?

Yeah, they were supposed to be checked and painted

off the markings on them.

Were the bungs and gaskets checked again before

they were stored on site?

I believe they were supposed to be, yes. I quite

often didn't do it, but I think they were supposed

to do it.

Was there someone who was supposed to do it every

time?

Yeah.

You testified last time that there was leakage,

nevertheless, from those drums when they were left

on the property, is that correct?

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Uh-huh.

Was there leakage, to your recollection, even from

the drums that had been checked over with gaskets

and tops put on properly?

I don't think the leakage was as bad after that,

but I suspect there probably was some.

What was it that caused the leakage even from

secure drums, drums that were in good shape?

Well, if you leave a drum and it stays out there

all winter long and ice gets frozen around it, you

know, on the bottom layer and things, it don't do

the drums any good.

Now, sometimes these drums wasn't always —

had been dented with forklifts and one thing or

another and the paint had been knocked off and the

elements of winter are not good on metal

sometimes.

So you're saying even a good drum left outside for

a period of time would leak?

It could, and some of these drums was — you had

to be careful how you took the top off of some of

them, especially the ones that were filled out at

Ft. Edward. They filled them right clock-a-block

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full. The only thing that held it in was the cap.

You had to stand back. If you didn't, you were

liable to get a shower sometimes, and you stand

back and take — use your bung wrench to take the

cover off. Stuff would fly up in the air they

were so full.

These were closed-head drums?

Yeah, they were supposed to leave an air space in

the drums, but some of them they didn't leave an

air space. Especially in hot water they would

expand and contract. You could stand out in the

yard there and you could hear the drums bang as

they were contracting and as they were expanding.

You testified last time that you also picked up

drums of pyranol from two other companies that you

could recall —

Uh-huh.

— correct?

Yeah.

One was Sprague --

Sprague Electric.

— and one was another company down in the

New Bedford area?

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Yeah.

I think you were asked whether that company was

Aerovox?

I believe it was.

Let me mention another name to you to see if it

rings a bell: Cornell Dubilier?

No.

That was not the company in New Bedford?

It don't sound like it, no.

You think it was Aerovox?

I think it was.

Can you recall anything at all about the location

of that facility in the New Bedford area, anything

that you went past in order to get to it?

Not really. We went down Route 20, is it? I

broke down coming back from there once and was

towed into Sharon, Mass, and got somebody from

Milford to come down and tow the truck with a load

on it. We didn't go down there too many times, as

I recall. Of course they were a small company

compared to General Electric.

I think you testified last time as to what you

could recall as to the number of times you went to

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both New Bedford and to Sprague, and I want to

ask —

I think we went to Sprague more times than

Aerovox, but I can't tell you now how many times.

Do you recall whether the drums you picked up at

Sprague were closed head or open head?

I believe they was closed head.

Was that the same at Aerovox?

I believe so.

Do you recall one way or another how full they

were when they were loaded?

I don't recall.

Do you recall they were also sometimes loaded so

full that when you took off the cap you would get

a shower?

I don't recall that they were. Of course I didn't

always check this stuff, either, so.

Yeah, do you recall one way or the other?

Not really. Ft. Edward, if I remember right, was

the worst place for filling them full.

Do you know how long the Aerovox and Sprague drums

were stored at Fletcher's before they were sold?

No, I don't.

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Am I remembering that you testified last time that

they were stored with the GE pyranol drums, in the

same areas?

I think they were. I don't remember that they

were kept separate.

Do you recall whether you were going to Sprague

during the same period of time you were going to

GE?

Yes.

Can you recall whether your dealing with Sprague

was during the first part or the second part of

your dealings with GE? Can you place the Sprague

dealings in time in the context of your dealings

with —

I would say it was in the late '50s, early '60s.

What I'm basing this on is that the first pyranol

that came from where I said, Pittsfield or

wherever it came from, anyway, by GE trucks was

getting pretty well gone. Mr. Fletcher had sold

most of it, and he was getting anxious to buy some

more.

So he was looking to see where he could get

some more, and I think that's when he contacted

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these other places that made capacitors to see if

they had used pyranol or scrap pyranol. And he

contacted GE, too, because that's where he got the

other, and he found out he could get it at Hudson

Falls. And I think it was about that time that he

made a deal with Aerovox and Sprague.

Do you recall whether Mr. Fletcher was still

dealing with Aerovox and/or Sprague when you

stopped dealing with GE?

I don't recall that he did. I know he went down

to Sprague Electric several years -- I'm pretty

sure it was several years. We'd only go down

about twice a year. Of course they were a small

company, too, compared to General Electric, and he

had the deal with them they would call when they

had about 20 drums or so, as I recall.

You didn't remember the name of the person you

dealt with at Sprague?

No, I don't.

You don't remember the name of the person at

Aerovox, either?

No, it was so long ago. All I remember is one of

the fellows at Sprague Electric that — and I

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don't know what he did there now, but I dealt with

there that used to come up to Rockingham Park to

the racetracks. I know that because I talked with

him about it, I remember that, how he came to get

there.

Can you recall the period of time you dealt with

Aerovox?

I would say in the early to mid '60s, somewhere

along in there.

Do you remember whether you had stopped dealing

with Aerovox, stopped going to Aerovox at the time

you stopped going to General Electric?

I think we stopped going to Aerovox several years

before we stopped going to General Electric

because he was getting so much from General

Electric he didn't need to get it from these other

people, I don't think.

Do you have any firsthand information, that is

based upon your own observations, whether the

Sprague and Aerovox pyranol was stored at

Fletcher's for a longer or shorter time than the

GE pyranol? ,

I would say a shorter time. I'm not sure.

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Why would you say that?

Well, I think it was gotten rid of shortly after

we got it.

What do you recall that made you just say that?

Well, I think at the last of it all that was there

was the General Electric pyranol.

When Sprague and Aerovox pyranol came in in drums,

were those drums painted over like the GE drums

were?

They were supposed to obliterate the marks on all

the drums, as I remember.

After that was done, were the Sprague and Aerovox

drums distinguishable from the GE drums?

No, I don't think so because from GE we got all

kind of drums, black drums, red drums, I think

even blue drums sometimes.

So you couldn't tell by looking at the drums that

were left at the end whether they contained drums

that originally came from GE or whether --

No, I don't.

Let me finish the question. It's very hard for

the reporter to type two of us simultaneously.

So you couldn't tell at the end when you

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looked at the last drums that were still remaining

whether those were drums that had originally come

from GE or whether they were drums that had come

from Sprague or Aerovox?

No, I couldn't tell.

When drums came in with pyranol, they were stored

on their side in piles?

Originally.

Originally at both Elm Street and then to some

degree at Mill Street as well?

Uh-huh.

When they were sold, were the drums that were sold

first the ones on top of the piles, being there —

Yeah, I would imagine it would be, yes.

Do you know whether any effort was made to sell

drums on a first-in, first-out basis so that you

didn't have a situation where the drums on the

bottom were left on the site for long periods of

time, with the drums on the top always being the

first sold off?

Well, for a while there it was — after he had

sold out the Pittsfield stuff and he started

getting them again, as I recall for a while there

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it went pretty fast, and I don't think there was

too much kicking around for a long period of time.

Of course when the first ones came in, it

took him awhile to find a customer for them. He

didn't find a customer the next day or anything.

So they did stay there for a period of time. But

after he — Webster Cement took a lot of it there

for a while there, and as I recall for a while

there it was nip and tuck there.

You were selling it as fast as you could get it?

Well, maybe not quite as fast but pret' near.

When the GE drums came in, you said it was the

practice to open them up to test the contents, see

what was inside?

Uh-huh.

And in some cases they were filtered drums, is

that right?

Uh-huh.

You testified that that was also the practice with

respect to the drums from Aerovox and Sprague, is

that correct?

They would have been opened and checked, yes.

And you testified that on occasion they were

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filtered as well?

I don't remember that they were, but they may have

been.

Okay. When drums were filtered, where was that

done?

Backyard.

Outside?

Out behind the paint store.

Do you know one way or another whether the Sprague

or Aerovox drums were filtered from time to time?

I'm not sure, but they could have been. I won't

swear that they were, but I won't swear that they

wasn't, either. I don't know. A lot of this

filtering I didn't work on. I was inside a lot of

the times.

What was the filtering process?

Well, they had a -- I don't remember now whether

it was a 1,000-gallon or 1,500-gallon tank or

2,000-gallon tank or what it was, but they cut it

around, if you see what I mean. So when it

laid — it was on a troth, sort of. In fact, you

say that's a barrel .there and they cut it right

down through the middle, this big tank, and

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they — let's see, they put it out there and they

dumped pyranol into it. And a lot of the stuff

was pyranol that wasn't up to —

Up to snuff?

Yeah. And then they would also put in some

heavier pyranol, mix it up, and then they would

run it through a filter that they had there.

Yeah, they had to pump it through the filter, had

a pump on it and pumped it through the filter into

another tank, and from there it was filled into

drums again.

Was all the pyranol that was purchased filtered?

No.

Just some?

Just some. It depended on the thickness of it,

and I don't know some of the stuff looked as

though they swept the floor and dumped it into

barrels or something; it was dirty.

And that was filtered?

That was filtered.

Was there anybody in particular at Fletcher's who

had primary responsibility for this filtering

process?

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Well, yeah, there was several people that worked

there, Clyde Bishop —

He was the chemist?

Yeah. Of course he's dead now.

— and Earl — I don't know if he was there

when we were filtering or not, he could have

been — Earl Wesson, Tony Casserino -- of course

he's gone, too — the guys that worked in the

backyard. He always had two or three of them out

their working in the summertime, anyway.

The filtering occurred in the backyard?

Yeah.

Outside?

Yeah. I don't recall that I did very much on

that. I was usually doing something else in the*

paint factory or something.

Did you ever watch the filtering process done?

I've seen it going, but I don't recall that I ever

worked a lot on it, but I've seen —

Did it produce some spillage?

Yeah, it did — of course they got rid of the

water in this -- if there's any water in the

pyranol, the water would come to the top, got rid

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of that.

But the filtering process produced some spillage,

too?

Yeah, couldn't help but produce some. They would

lift the drum up on their — with their forklift.

Of course by that time they had a forklift. When

we originally started, we didn't have a forklift.

We had a tractor but not a forklift.

So any drum that was filtered — any material that

was filtered might have leaked on the ground?

It could have. Richard Fletcher was around there,

too, at the time.

Is this young Richard?

Uh-huh.

If I asked you this before, excuse me for asking

it again, but did the chemist that was on site

ever do analyses of the pyranol, to your

knowledge, chemical analyses to see exactly what

the constituents were?

Well, not to my knowledge, but he may have, I'm

not sure.

You testified last time that most of the pyranol

was sold to Webster, is that correct?

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Biggest part of it.

And you said some was sold to individuals?

Yeah.

And the rest you said some of it was sold to

someone named Mr. Kamiewicki?

I believe he got a bunch of it, if I recall,

probably the last of it that is.

The last of it?

I believe so.

Is there anyone else who you recall receiving

pyranol?

Well, I recall having several drums on the list

there that I don't know who they went to, I don't

recall. I think it was somewhere in New Jersey

for insecticide or something.

Now, at least I think that's what they

told -- said it was going to be used for, and I

know that Mr. Fletcher — I think after he'd sent

out the five-gallon samples, I think he did send

some drums out to a few people, they'd order a

drum or two.

I don't know now who they were. I may not

have known then. I don't know that I really did

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then, but I might have, too. It was a long time

ago.

You didn't have any involvement in sales, I take

it, other than the actual shipping of drums?

No.

Did you have involvement in shipping drums to

people who purchased it?

At different times I did, not all the time.

But no other involvement in the sale of pyranol?

No.

Did you ever go to Webster's?

No, I never went to Webster's.

Webster's came and picked up the drums of pyranol?

They came and picked them up in Milford.

How did they pick them up?

They had a truck, and I forget how many drums the

truck would take. It was quite a good size truck,

but I know occasionally they came -- they ordered

more drums and they came with a trailer truck and

picked it up.

How did they get the drums onto the trucks?

Fletcher's tractor or forklift, after we got it,

loaded them onto the truck, and then we hoisted

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them, as I recall.

When did you get the forklift?

Well, I don't know. I would say somewhere in the

'60s. I'm not sure.

Prior to that time, how did you —

We had an Oliver tractor and it had a boom out on

the front and chain down from that, and they

could — of course it went up and down, the boom

did, so they could pick up drums. They had drum

lifters and things.

And then that was originally the way we did

it when we started out, and then he bought a

forklift, and then he -- before he got done, he

owned a couple forklifts, but I don't know. I

would say back in the '60s somewhere.

Was either process of loading drums prone to

produce spillage?

Well, I suppose if you got a drum up on top up in

the air and it fell — it happened to drop for

some reason, it could cause leakage.

Did you ever see that happen?

Yeah, I've seen it happen, but I don't know if I

saw it happen with pyranol or not, but I've seen

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it happen.

Did you know anything about the nature of the

business arrangement with Webster; in other words,

how much Webster was paying?

I don't recall that I did.

But you do recall there were two different prices

depending upon the —

Yeah, I remember that. Mr. Fletcher explained it

to us why we had to check the viscosity, the

specific gravity and things because apparently

they had been getting some stuff that was a little

bit thin. And I guess they could use it, but they

didn't want to pay so much money for it.

Do you know whether the thin stuff that Webster's

got had been the stuff that had been blended at

Fletcher's?

I don't think we had that problem after we blended

it. In fact, I think they bought a few drums once

or twice that was so thin they didn't want it, and

that's when Mr. Fletcher found out how thick it

had to be for them to want it. And so we started

tp blend it, and that was getting rid of some of

the thinner stuff.

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Uh-huh. To your knowledge, was the thin stuff all

blended into the thicker stuff and then sold to

Webster's?

No. After Webster got done hauling, they sold out

to Essex Cement. And after they got done hauling,

there was still quite a bit of pyranol around.

Was that the stuff that went to Mr. Kamiewicki?

Yeah, I believe he got it, as I recall.

He was located in Amherst?

Uh-huh. There was a lot of stuff on Mill Street

he got. In fact, I think the last of it it was

all on Mill Street.

And do you recall that that went to

Mr. Kamiewicki?

I believe it did.

You testified last time that there was an instance

or instances when drums fell into the river?

Yeah, some rolled into the river.

Did you actually observe that yourself, or was

that information --

I saw the drums.

Did you see the drums when they were hauled out of

the river -- you didn't see them actually fall

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into the river, did you?

No, I didn't see them fall into the river.

You saw them hauled out?

Uh-huh.

Do you remember seeing them hauled out or after

you saw them hauled out?

I don't remember.

But you did see the drums after they were hauled

out?

I know I did. I saw some of the drums, anyway.

How many drums were there, if you can recall?

I don't recall. Actually, it must have been six

or eight, maybe more, I'm not sure.

You testified last time that there were drums of

various types of materials stored out back, is

that right?

Uh-huh.

Do you know what was in the drums that fell in the

river?

Well, some were pyranol drums, I know, because

they were right down there, right to the river.

When you say "they were right down there, right to

the river," what do you mean?

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Well, that's when they filled the yard in, went

right to the river.

They were close to the river?

Yeah.

They were stored close to the river?

Yeah.

Okay. Other than that, is there any other reason

why you believe that they were pyranol drums that

fell in the river?

Well, no, not really. It may have been something

other than pyranol, too.

You also mentioned there were empties stored back

along the river, too, didn't you?

Yeah.

Do you know one way or another whether the drums

that fell in the river were empties or fulls?

Well, where they were, I would have said they were

full ones or partially full, anyway.

But you only saw the drums after they had been

brought out of the river, is that correct?

Yeah — well, I don't know. I don't remember

whether I saw them in the river or not; I may

have. I don't recall that I did.

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You don't know where the drums were before they

fell into the river, do you?

I imagine near the riverbank.

Right, but you don't know where along the

riverbank, is that correct?

Well, they were in the area where the pyranol was.

And the last time we were together, didn't you say

empties were also stored along the river?

Well, the empties were, yeah, but they were

usually stored down the other way or up the other

way.

Along the river?

Well, yeah, in that -- well, at different times in

the life of the company they stacked them

different places, too, so.

What I'm really getting at is do you have any

personal knowledge whether the drums that fell in

the river, first of all, were empty or full?

I have no personal knowledge of it, but from where

they were found and things, I considered they were

probably full ones. And when we got them from the

rive.r, they was rusted out. They was all shot.

Say that again.

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They rusted out.

They rusted out after they were in the river?

I would say so, yeah.

Because they got wet?

Yeah.

When you saw them, they were on the bank having

been pulled out of the river, is that right?

I think I saw them taking it out of the river. I

wasn't doing it. I wasn't taking them out of the

river, but I think I remember seeing them do it,

standing there watching them out there hooking

chains on them and things to pull them out.

Did anyone ever tell you what if anything had been

in them before they went into the river?

I don't think anybody told me, no.

So the first time you saw them they were in the

river, is that right?

Well, I probably saw them before they went in the

river, but I saw them in the river.

And you don't know from what part of the plant

area along the bank precisely they came from, is

that right? ,

Well, from where they were in the river, I would

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say they came from the area right in front there

where — because I don't believe they floated down

the river much. Of course if they was empty

barrels, they might float, but.

I'm showing you Exhibit 2, and I see you brought

your own pen this time. Could you mark where in

the river you saw the drums being fished out.

I would say right in that area right through

there.

Can you put an asterisk or something like — can

you draw an asterisk or something in that box so

that it will be recognizable later on. Put an X

there. It doesn't matter what you do.

Okay. And Mr. Hooper has drawn an X in the

upper left-hand corner of a box that's right

behind the area where he had previously drawn the

first pyranol drums.

The river flows the direction of the arrows,

does it not?

Yes.

And you had marked the last time we were here that

there was an area of empty drums along the river

right under the U and the H of Souhegan?

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Yeah, well, they used to pile — at the last of

it, anyway — the trouble is they piled drums

different times at different places. So the last

of it they piled — they had drums along here and

along here, too, empties, and you had -- you could

go between them. One side was good drums and

drums that could be used for certain things, and

the other side was old, resin drums that was just

good for resins.

But you did testify last time that it was the

practice of piling empty drums along the riverbank

just upstream from where you saw the drums being

fished out?

Yeah, you're right, but the time that the drums

were fished out here, I don't know as they piled

any drums up here then. I'm trying to think

because this was the last part of the yard that

was filled in and --

Well, when did you see the drums being fished out,

can you —

Oh, it would have been late '60s because I

remember the guy who fished them out, and I was

thinking when he worked there.

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And hadn't the part of the property where you've

marked empty drums been filled in by then?

That's what I'm trying to decide. I don't know.

You see this part down in here was the last that

was filled in.

Right, and wasn't that done in the '60s?

This so far through here would have been, but I'm

not sure what year that would have been done.

That was the last that was filled in. I know that

the same guy who fished the barrels out here

worked on this cutting the trees and stuff before

it was filled in, I remember that, and —

But you don't remember whether he cut the trees

before he fished out the drums?

-- and he only worked there a few years, so.

Let me just ask you a question on a different

subject before I forget because I didn't write it

down in my notes and I'm likely to forget

otherwise.

You testified last time there was an old

dump that was once operated on part of the

property that became —

That was originally the Milford town dump, it was

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called.

If you told us before, forgive me, but I don't

remember that you did, what part of the property

that is shown in Exhibit 2 was the scene of the

old dump?

Well, I don't know. I would say it was all

through here, as I understand it. When they dug

here, this building here, they dug up tin cans,

bottles, automobile fenders and one thing or

another. And all through here, if they ever dug

up anything, they dug up parts of the old dump,

so.

The reporter doesn't know where you're gesturing,

so we have to refer to the diagram to make it

clear on the record.

You had said, I thought, correct me if I'm

wrong, that the addition number two was built on

the site of the old dump, is that right, the area

that you've marked addition two?

Yeah.

Is the area that you marked the words "dust

control" part of the area of th/s old dump?

I would say so. I believe the dump started from

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the street to the river, pret' near.

So it would have covered the area where you've

marked dust control to the area where you've

marked first pyranol drums?

Yeah.

Did it also include the area where you've marked

paint factory?

Yes.

And how about the area where you've marked empty

and full drums?

Yeah.

And how about where you've marked thinner?

It very well could have, but I would say more in

this area.

I take it your recollection — now we're going

back to your youth, is that right —

That's right.

— when the dump stopped being used?

I think in the '40s sometime, for the — I worked

on a chicken farm for awhile. Mr. Fletcher owned

the chicken farm, and we took manure to that dump.

That was before he ever owned any of this, and we

took manure to the dump and talked to — he was

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the medical -- what was it they called him?

Anyway, he wrote us a very nice letter, stop us

from doing it, and we found a farm that we could

take it to after that.

Did local industry use that dump, too?

Everybody did, I think, as far as I know.

There's now a different municipal dump. Are you

familiar with that?

Yeah, and there was one in between from the time

they used this one until the one they have now.

There was another place they dumped on in an old

quarry hole off Mont Vernon Road.

Do you recall when the present dump went into

operation?

Not really. It must have been the '50s somewhere,

I'm not sure.

So they had the other one, the interim dump, was

used for a relatively short period of time?

Yeah, that wasn't used too long. Too dangerous,

afraid people fall into the quarry or something.

Was the dump that was on the Fletcher property in

use during the time that the car dealership was

there?

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I suspect it was, but I don't know for sure.

Back during the time period when that dump was

being used as the town dump, were there any other

town dumps that you were aware of that were

probably being used at the time?

Not to my knowledge. Original town dump was up on

North Street or up in that area, they tell me.

That was before this one came into being. Now,

what year this one came into being, I don't know.

You mentioned a product last time called

Gilsonite.

Uh-huh.

Can you tell us what Gilsonite is?

Well, it was a hard, black material. It was like

it was poured into drums when it was hot or

something. The drums, I recall, were the thin

type of drum. He brought in -- well, I don't know

now how much of it it was. It was two or three or

four trailer truck loads of it, anyway.

Do you know where it came from?

No, I don't.

Was it scrap material, as he purchased it? In

other words, had it been used previously for some

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purpose?

Not to my knowledge. I don't even remember where

it came from. I remember it coining in and they

had big piles of it back there.

And there was some process that was then

undertaken in order to break it down?

Right.

Make it into a semi liquid form?

Made into a liquid form.

Could you describe the process that was used to

accomplish that?

I didn't work on that very much.

Did you actually see it?

Yeah, but I know what happened because the first

of it we broke it down in the shop, a few drums,

to see if we could do it, and then he put the

machinery out back and they did it out there. It

had to be broken down with VMP solvent, nothing

else — well, I say nothing else that we had would

break it down, and once you got it broke down

into -- of course they heat it up, mixed between

the heat and the solvent, it would break down to a

liquid state.

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Once we got it broke down, we had barrels

and barrels and barrels of old, dirty thinner.

Well, after you got it broke down with the VMP,

then you could add the old thinner to it and it

would go into it and bring it to the viscosity,

whatever you want it, and then he would drum it

up. I think he sold some of it in five—gallon

cans but most of it in drums.

Which part of the property was it mixed on?

Well, that was mixed before this building was

built.

That's addition number two?

Yeah. And this isn't really drawn to scale, but I

would say right back in here somewhere.

You're pointing to the upper right-hand corner of

addition number two shown on Exhibit 2?

Right in through there. It was behind this

building.

Behind the original building?

Yeah, and he set up a mixer out there.

So it was right along the street?

It was in back of the building, actually. The

street was here.

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Right.

And it was right near the edge of this building, I

remember that.

So it was on the western end and behind the

original building?

Yeah, and they put the mixer out there and they

would break it down there with the VMP, and then

they would add the old thinner or whatever they

were going to put into it.

You were asked some questions the last time where

the old thinner came from, and I gather some of it

was purchased as scrap, is that right?

Yes, we had a lot of old thinner we made, and of

course we sold a lot of paint. Cleaning the

tanks, one thing or another, we had accumulated a

lot of it. And I think some was left there from

the old paint company before he owned the place,

and of course this is mixed thinner. It would be

Xylol, mineral spirits, VMP, whatever we'd used to

clean tanks with or whatever we used it for and

drummed it up, we had a lot of it there.

And of course he wanted to get rid of it

financially somehow, so he got this Gilsonite and

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he got onto the idea that he could use up the old

thinner that way, which he did. And it got to the

point where the old thinner was just about

depleted and we still had some Gilsonite left, so,

as I recall, he did buy some old, scrap thinner

from another paint factory or two and used it.

But after we got done — after — after the

Gilsonite was all gone, he never bought any more

Gilsonite.

And I don't remember whether I asked you this, but

do you remember the names of the companies from

which you bought the used thinner?

Not really. I don't know, he used to deal back

and forth once in a while with Bradley

Laboratories over in Brattleboro, Vermont, and I

know he bought some tanks from Packard Paint.

Where was Packard Paint located?

I went there once. It was in Alstead. I think I

went there once a long, long time ago to get a

tank .

An empty tank?

Yeah, it was an empty tank.

MR. LAMBERT: Take a short recess.

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(Recess.}

Last time you mentioned a company called American

Alkyd, and said you had gone there and picked up

used resin or scrap resin?

Well, they were resin manufacturers and went down

there and picked up — well, I don't know whether

it was — I won't say it was used resin, but

off-grade resin or something on some of the

things.

That was my question, was that scrap or surplus or

something like that?

Well, I really don't know, but he did a lot of

business with American Alkyd, and they shipped a

lot of stuff in, and he also had trailer trucks

come in from American Alkyd for resin. And they

had a fiberglass business of some sort going

sometime, and I don't know whether they didn't pay

off or what happened, but he bought a lot of stuff

from that fiberglass business.

Going back to the resins for a second, do you know

whether he bought resin, whether it was used or

not used, from them on more than one occasion?

Were they a regular supplier?

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Oh, they were a regular supplier for quite a few

years.

Do you know whether some of the products they

supplied were plain, raw material that had been

manufactured and was purchased by Fletcher's in

order to be used in the processes of making paint?

Yeah, that's what it was used in.

But was some of it definitely good, clean raw

material that had never been used?

Yes.

Is it your recollection that some of it was

material that had been scrapped or was off spec

or —

Well, I think there was some off spec that came a

few times from there. There was some dark, dark

resin. I think it was off spec. It got burnt in

the process of manufacturing or something.

Was that a one-time event, or was that something

that was repetitive?

No, I think he got it several times, off-grade

material from there, but he got a lot of first

class material from there, too.

Where was it located?

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Carlstad, New Jersey. I went down there twice, I

think.

Did it have any other name besides American Alkyd

that you were familiar with?

Mr. Hauck, H —

How do you think you might spell it, H-o-u-k?

No, I think it was H -- boy, H-a-u-c-k or

something. I don't know offhand.

Do you remember where in Carlstad it was?

I don't remember the street address. It was a

long time ago I went down there.

Can you remember roughly when it was that you went

there?

I would say back in the late '60s, maybe, early

'70s, maybe, I'm not sure.

You testified last time that the material you

picked up there was broken down with thinners?

Some of it was. What was the fiberglass stuff,

was broke down with thinner that was a solid

state.

Whereabouts did that occur on the property?

I think most of that was inside. I think we did

that in cold winter months when there wasn't as

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much paint being made, getting it ready for spring

to use. We used a lot of that in traffic paint.

I asked you about Rohm & Haas the last time.

Yes.

And I don't think I asked you whether or not there

was anybody at Rohm & Haas that you remember

actually dealing with, any individual?

I remember a salesman from Rohm & Haas. I was

trying to think of his name. He used to come. I

knew his name, too. He used to come to Milford

quite often.

Do you have a recollection that material was

purchased from Rohm & Haas that was other than raw

material?

No. As far as I remember, it was latex vehicles

and resins.

I asked you last time about something called an

emulsion, scrap emulsion.

Yeah, they called latex vehicles were called

emulsions. He bought scrap ones, too.

Did he buy them from Rohm & Haas?

He may have. He bough,t a lot of good stuff from

Rohm & Haas — I don't remember too much. I think

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he did once, though, I think he did.

What was scrap emulsion used for?

Making paint.

Did it have to be processed before it could be

used to make paint?

Not that I recall; it was latex emulsion.

Last time, in the course of answering questions,

you mentioned a number of properties that

Mr. Fletcher or Mr. Fletcher's corporations owned

or controlled. Besides the Paint Works, you

mentioned that he owned a building in Littleton,

is that right?

Uh-huh.

Which building was that?

Littleton Hardware. He bought Littleton Hardware,

and he owned the complete building, and he also

owned the building that was in back of it.

Did he ever sell that off during the time that you

were working with him?

Yes.

You also mentioned a building or buildings in

Ashland?

Yeah, that was an old paper mill he bought.

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Was that something that was still owned by him or

by his family or by one of his companies when you

last had dealings with him or was that sold off?

I don't know. I think it was all sold before he

died, I think. He sold piecemeal. Like there was

an old railroad station there plus several other

buildings, and I know he did a lot of work on one

of the buildings on the roof and things.

He sold — the paper-making machinery went

to Mexico, I believe it was. There was a bunch of

Mexicans up there took it out. He never

manufactured any paper there.

How about the Contoocook Valley Paper Company, did

he own that property?

Yes, in Henniker.

Did he still own that at the end, to your

knowledge, at his end?

Yes, I believe he did.

And you mentioned a creamery last time.

The old creamery was in Milford.

Did he still own that?

No, he sold that awhile before.

What property did Mr. Fletcher or his companies

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own or operate at the time that you last had

contact with him?

Well, he had — as I understand it, the store

buildings and things, one of them was in Mary's

name, some was in Great Fletcher Northern. I

don't know, he had them in several different

names; it wasn't all —

I understand that. I'm trying to understand what

it was that was owned in any of those names at the

time.

At the time he died?

At the time he died.

Well, there was the Salem store in Salem,

New Hampshire.

Whose name was that in, or you don't know? That's

fine.

I'm not sure.

Okay. What was the store used for?

Sale of paint and also a tire company, rented part

of the building.

Do you know the address or the street?

I used to know it,, but I can't tell you what the

street is now.

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Was it a business called Fletcher's?

The paint store was, and then there was a tire

company. And the last time I went down by there,

not too long ago, you could look right up from

Route 28 and see the building. The tire company

is still there, but I think there's a sporting

good company where the Fletcher Paint was.

What other businesses did Fletcher's Paint own?

He owned a store in Hampton right on Route 1,

Lafayette Highway, I think they call it. They

still owned that when I got done there, but it was

in the process — people were looking at it to buy

it. Some furniture store wanted to buy it. I

guess they bought it because I know it closed up

shortly thereafter.

The Salem store closed before I got done and

the Hampton store, and then the Laconia store and

the house in Laconia beside it. I was just up by

there a short time ago, and I was surprised to see

the building is completely gone now and there's a

Kentucky Fried Chicken place gone in there.

And then he owned a little one he sold

before he died. The Woodsville store he had.

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That was the old railroad station, big railroad

station that he made over into a store. He still

owned that when he died.

What is that called?

Woodsville, New Hampshire.

What kind of building was --

It was an old railroad station, but it was a big,

big building three stories high. Of course there

used to be a railroad junction there. And then he

owned a store in Lebanon.

Do you know in what name the Woodsville,

New Hampshire property was owned?

I'm not sure. I think I've heard, too, but some

of it was under Fletcher Northern. Mary Fletcher

owned one of the stores, I think, one of the

buildings. It was in her name.

Did you consider Mr. Fletcher to be a wealthy man

during the time you were working for him?

Well, not really, but I think he made a darn

good — he did good back in the '60s. I would say

he did the best '60s, maybe early '70s because we

put out one heck of a slew of paint.

Were the finances of the business something that

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the employees talked about? Did employees have a

sense, for example, if the business was doing well

or not doing well?

Well, I think we did, yes, I think we thought the

business was doing well.

In the '60s and early '70s?

Yeah, back along that area. Of course in the '50s

it took awhile to get it going.

How about in the later '70s and early '80s?

It went downhill.

Did the amount of paint produced decline?

Yes.

The number of employees decline?

Yes.

Did Mr. Fletcher invest money in any ways that you

were aware of?

Other than the company?

Other than the company.

I don't know.

Did he have a personal lawyer?

He had lawyers; I don't know whether they were

personal or not.

Do you remember who they were?

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Enright in Milford, George Nelson, of course

he's -- I think he's dead now, I think.

Was there a Mr. Enright?

Yeah.

First name?

John, I think.

He's in Milford?

I'm not sure if his name is John or not, either,

but it's Enright, anyway. And then there was

Robert Rowe, but I don't know whether they did

much with him before he died or not, I'm not sure.

I know Mary had a lot to do with him. I can't

think of anybody else offhand. Nelson I know he

had for a long time, but Nelson — I'm pretty sure

he's dead now.

When was your last dealings with GE? Let me

rephrase that. Was the last time you spoke with

anybody from GE the last time you went out to pick

up pyranol?

As far as I recall, yes.

Apart from the pickups that you did at GE over the

period of years, did you have any other dealings

with GE of any sort? Have you had any other

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dealings with GE of any sort?

Not that I can think of.

When were you first contacted by EPA or the United

States or somebody working for them in connection

with Milford?

Well, the first time I was personally contacted

was with Mr. Fastoso. He called one day and

wanted to come and talk with me about it.

Do you remember when that was?

Not really; I would say in the spring a year ago.

I'm not sure. Maybe it was more than that. I'm

not sure.

The affidavit that was marked as an exhibit at

your deposition last time is dated August 29,

1991. So —

That could be.

That was the end of August. So had you spoke with

Mr. Fastoso a number of times before you signed

the affidavit?

Yes, he had been there — well, I was going to say

twice, but I'm not sure; once, anyway.

Before the affidavit was signed?

Yeah.

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Do you remember how long you talked with him for?

Oh, I talked with him for a long time, all

afternoon long.

Did you speak with him a second time before the

affidavit was signed?

That's what I'm trying to remember, almost think I

did, but I'm not sure.

Did you speak with anybody else from EPA or from

the United States prior to the time you testified

at your deposition?

I don't think so.

Did you speak with Mr. Fastoso between the time

you signed the affidavit and your deposition?

Yes, I think he came once after that. He came

this last winter. I can't tell you when it was.

Did he ask you more questions?

Yeah, he asked questions.

Did he give you anything to sign or to review the

second time around?

I think that's the only thing I signed.

Did he show you any documents?

Well, he showed me some pictures of things.

Did he show you any documents that were different

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from pictures?

He showed me some things, the court action, the

bills that Fletcher's hadn't paid. I know one of

them was on the furnace that they bought that

time, the boiler. Apparently the company — Webb

they bought it from down in Merrimack. Apparently

Webb sued them to get the money or something. He

showed me that. He showed me a few things. I

can't think of what they all were now.

Did he ask you questions about whether other

companies might have caused contamination in the

area?

I think he mentioned that he wanted to know what

other companies were in the area and what might

have .

Did you give him any information on that?

Well, I think I mentioned that the old Duff

Company was over there, furniture manufacturers.

Of course they went out of business quite awhile

ago, but there's been other people since. Kinzee

was in there, and I also mentioned the gas

stations and things.

Do you know how long the gas stations have been

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where they are, across from the —

The Gulf station was originally a garage over

there, was a Dodge and Plymouth agency. I guess

it was a Chevy way, way back, and they tore that

building down, the Gulf people bought it and tore

it down and put that filling station there.

How long has the filling station been there?

I don't remember when they did it, but I can't

tell you what year it would have been. It must

have been back in the late '60s, early '70s. I

don't know.

Okay. It was after you went to work at

Fletcher's?

Yeah, yeah, because I remember going over to the

garage when it was still there.

Is there another gas station across the street now

from the Elm Street plant?

Yeah.

What station is that?

Tulsa. There was a gas station there long before

Fletcher ever went over there. Daniels used to

run the station there, sold Jenney gas there. For

years I used to go there myself and get gas,

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and that was before Fletcher ever owned this

place.

So this would have been sometime prior to 1950?

Yeah. I don't know when Daniels put gas in there.

How do you spell Daniels?

D-a-n-i-e-1-s.

Was he the operator?

Yeah, Harris Daniels and his brother. I think

Harris owned the building, I think, but his

brother was in there with him.

What kind of gas did they sell?

Well, he sold Jenney for a long time, and then

they sold Sunoco, I think, for awhile there, and

then they sold out to -- Daniels sold out to

Draper. Of course Draper was a big Mobil man, and

they had Tulsa there for a while, Tulsa gas.

Also, Daniels sold fuel oil, kerosene fuel

oil, and they had big tanks out behind the

building there where they used to load the trucks

and things there, two or three oil trucks,

delivered oil to homes and businesses and whoever

would buy it, I suppose. ,

Did Mr. Fastoso give you any suggestions or

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directions as to how to deal with others who might

come asking questions?

No, I don't think he did.

Did he discourage you from speaking with

representatives from General Electric?

I don't recall that he did. I haven't seen any —

I haven't seen any to talk with, anyway, unless

it's you.

A couple of people from my office called you up

before your deposition and asked if we could talk

with you before.

That's right, the young lady that was here with

you last time.

Amy?

I guess that was her name, that's right.

And a fellow named Jim Sullivan, I think he might

have called you up on the phone and asked if we

could talk to you.

I don't remember him, but Amy, she called twice, I

think.

Right.

I don't know that there was a man that called. I

think —

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Was there any particular reason why you didn't

want to speak to Amy before the deposition?

I don't think there was any really good reason. I

just thought we was coming up here and I mentioned

that to her, and I said I understood that GE

representatives or lawyers or whoever would be

here, so why didn't we wait. But I don't think

Mr. Fastoso told me not to talk with you.

Fine.

In fact, I told him that you had called. He

called about something. I told him that I had

heard from you or from the girl there, and he

said — I think he said I could talk with you if I

wanted to but I didn't have to.

Good for him, okay.

I believe he did say that I could talk with you,

but it was up to me, and I didn't do it. Maybe I

should have, I don't know.

I appreciate your talking to us now.

MR. LAMBERT: I have no further questions.

THE WITNESS: Well, I said that I would talk

up here. There was one or two other things that I

told Mr. Fastoso that you haven't asked me about.

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BY MR. LAMBERT: I forgot, and what were they?

Well, they had a gasoline leakage across the

street once. And I had the job of going down and

checking the furnace in the paint factory, and I

went to go down there one morning and of course

had to go into the cellar to do it and I got down

there — whoa, the smell. And I said, "What the

heck is going on here?" I never smelled this

before. And this was when Mr. Fletcher was still

alive so — and he was in his office.

So I went and talked to him. I said, "You

got an odor down cellar." Well, I surmised what

it was. Of course he was so lame he couldn't get

down cellar, anyway, very good because he had a

prablem going up and down stairs, but he came to

the head of the stairs and used his nose to sniff

it.

Well, he said the same time thing I did,

it's gasoline. They had a gas leak over at the

station across the street and it swept the gas

down the drain.

Which station had the leak?

Well, it's Draper now -- I guess it was Draper

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then, and it smelled pretty strong down there.

Do you remember when that was?

Well, he was pretty well used up then, but he

wasn't so bad that he could get around. So I'd

say back in the '70s somewhere.

And was there something else that you told

Mr. Fastoso that you haven't told us?

I don't know. Of course he asked about the old

drain that went under the building and things.

You haven't mentioned that.

Was there an access to the drain from the plant?

Yes. At one time the drain collapsed. This was

before this building was built the drain

collapsed. I went to go down cellar one day and

there was about a foot of water in the cellar.

Well, I guess it wasn't a foot, but it was seven

or eight inches.

Did you tell us the last time that the drain was

actually extended when the property was filled in?

Yes, and the drain had collapsed out back there

and closed the water off so it couldn't go through

it so it was backing up into the cellar.

Now, that's the drain now that they're

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hollering so much that any time it rains or they

have a lot of water runoff there's an oily slick

on the river where it drains into the river.

Coming down the ditch?

Coming out of that from somewhere.

Somewhere?

Whether it's pyranol or whether it's something

else, I don't know.

Okay. I think you mentioned that the last time.

MR. LAMBERT: I'm finished.

EXAMINATION

BY MS. WITT:

Q Okay. Mr. Hooper, I just want to follow-up on a

couple of things.

Before the deposition started this morning,

you mentioned that you had recalled something

about an area that I was questioning you on at the

last deposition, which was Mr. Nutter had

testified that he used to take barrels of some

black liquid up to Contoocook Valley Paper.

A Uh-huh.

Q Have you recalled something more about that?

A I think I know what it is now. I couldn't think

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at the time, but after I thought it out for a

while, for quite a while we used to make

dispersions for the paper mill, and it would be in

drums and we used to do a lot of black. In other

words, it was mixed in and there was some

chemicals put in there, chemicals they used, but

it was for the paper mill. We made it.

Now, it would have gone up there in drums,

and that was black. Boy, that was real black.

What are dispersions?

Well, they were stuff that we mixed up on the

machinery and ground it, made it into an emulsion,

solution, whatever you want to call it, and there

were drums of black. We did it a number of times,

and there would be several drums at a time, and

they were all taken to the paper mill. So I

presume that's what he was referring to.

Do you know what it was used for at the paper

mill?

Well, made black paper, even made red paper.

Do you know what the dispersions were made of?

I think the black was made with black iron oxide.

Do you know anything else that went into it

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besides the black iron oxide?

They sent some of their emulsions and things they

used up there down to — in the paper — we didn't

use in the paint company to mix this stuff on the

carbon black and lamp black; they could use the

mix up there. But the black iron oxide, it didn't

work out so good up there, but we could do it down

there and bring it into a solution for them.

Now, earlier in your testimony today you spoke

about the paint mixer that you took over for at

the factory. Who was that?

Earl Trow.

What was the last name?

Earl Trow, T-r-o-w. He's still alive, but he's

not in good shape. I say he's not. I haven't

seen him for quite a while, but what I hear he

isn't.

Is he still in the Milford area as far as you

know?

Yeah, he lives in Mont Vernon. In fact, his son

just died a short time ago.

And you said he was fired because he had mixed a

bunch of stain incorrectly?

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Well, what he did was, as I recall, we were

selling paint to the government then, to the Pease

Air Force Base, the big project that was going on

over there, and I forget now just how it was. One

of the colors took — it was burnt umber and raw

umber, and he used the wrong umber, anyway, and of

course it came up a different color from what it

was supposed to be by quite a ways and there was

quite a batch of it.

Do you know what was done with that stain?

Oh, I think it was sold. It was something that

could be sold, but it wasn't the color they wanted

for the base.

You also said that Mr. Fletcher made a lot of

other things other than paint at the Elm Street

site. You mentioned floor wax was one.

Uh-huh.

Can you recall anything else that he manufactured

there besides paints and floor wax?

Of course before he sold the duplicating supply

business, we made the duplicating fluid and the

stencils and things there, correction fluid. He

made floor wax, oh, gosh, wallpaper coaters,

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liquid soap.

Anything else?

He made some mimeograph ink, but we didn't make

any at that site, I don't think. I think that was

over at the other site we made that. He did sell

it after that, but he bought it all in.

Is there anything else?

Gosh, I can't think of anything.

The driveway sealer, was that one of those —

Well, the driveway sealer, yeah, made a lot of

that out of the Gilsonite.

When Fletcher's first received pyranol from GE,

the truck loads that came in, to your knowledge,

did Mr. Fletcher have a plan for that material,

what it was to be used for?

I doubt it. I'm not sure, but I don't think so.

I just think he thought he could resell it to

somebody, could find a use for it, that's what I

think. Of course this is a long time ago.

What do you base that on?

Well, I base it on other things that he bought,

things that he thought that he could get rid of it

somewhere, there was a use for it.

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Did he do things like that, just go out and buy

things that he didn't know what he ultimately

would do with but hoped that he would find a use

for?

Yes.

And that was your impression what was happening

with —

That was my impression. Sometimes he got stuck

and a lot of times he made money, so.

Now, you indicated that on some occasions while

Mr. Metevier was in charge at the GE salvage

operation that you would get materials that you

wouldn't have to pay for, is that right?

Uh-huh.

How frequently did that occur?

Gosh, I don't know now. We were supposed to keep

track of the drums that were — or whoever checked

them in was supposed to keep track of the drums

that were not pyranol or was a little pyranol or

was so little pyranol we couldn't really use them,

and there were a lot of drums. When we first

Started going out, he'd say take every drum.

There was a lot of drums sometimes would be a half

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full, sometimes a quarter full, sometimes

two-thirds full, another one overloaded.

So they were supposed to keep track of that,

how full the drums were. And as I recall,

Mr. Fletcher would call Metevier and let him know

off and on about how many drums we got that we

couldn't use or how many drums was half full or

whatever, and he had this deal with him and he

would take care of it.

Well, trying to put a quantity on this, was this

something that would happen once in a great while

that you would get a shipment that you wouldn't

pay for, maybe once a year?

Oh, I think it was a little more than that.

Twice a year?

I really don't know now, but I'd say a couple

times a year, maybe more than that, I don't know.

I think Metevier used to tell me when this was

happening, tell me on the side, but I would still

get the paperwork. If I got stopped or anything

going out through the yard or whatever, I suppose

I would have to have let them know Fletcher's so

they could call up Metevier to pass the papers in,

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checked on roe, but I never got stopped, so.

I don't know what Metevier did with the

papers afterwards, I have no idea, whether he

threw them in the wastebasket or in his pocket and

took them home or what.

Now, how frequently — you said before that you

got drums that were not pyranol from GE?

Uh-huh.

How frequently would that happen?

Well, there was a chance of it on every load, but

I really don't know now really how frequently it

did happen or how fast they piled up.

Was it the kind of thing that would happen more

frequently than that?

More frequently than that. GE wasn't very good

housekeepers and they didn't always mark the drums

right.

When you would get something that wasn't pyranol,

do you have any knowledge as to whether or not GE

ever wanted it back?

Not to my knowledge. It was all scrap stuff,

anyway. I say it was all scrap stuff. We did get

a few good drums of Tri-Clean-D a few times, but I

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mean most of it was scrap stuff.

Of the drums that were not pyranol that you got

from GE, did you ever have any knowledge as to

what they were?

Well, I don't think ~L knew what a lot of them

were, but a lot of this stuff I didn't check in,

either, so I didn't know.

Did you ever find out what any of it was?

Well, a lot of it was Tri-Clean-D, and it was the

cleaners they use in cleaning equipment and

things.

It was used Tri-Clean-D, is that right?

Yeah, used. There may have been other chemicals

in there, too, probably were, that I wasn't

familiar with.

Was this used Tri—Clean-D that was mixed with

pyranol, or was it just used Tri-Clean-D apart

from the pyranol?

There may have been something, some that didn't

have any pyranol in it, I don't know for sure,

but -- I know there was some if it had pyranol in

it. It had very little.

Apart from Mr. Metevier, do you recall having any

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conversations with any GE employees about the free

shipments of material?

No, I don't think I ever did, but they stopped

when Mr. Metevier left that department, when he

was —

Did you ever have any conversations with anybody

at GE about the drums that were not pyranol?

Well, I don't remember any specific — yeah, I

talked with Mr. Metevier about it, I think. Oh, I

may have mentioned it to the guys that worked

there, I won't say that I didn't, but I don't

remember any specific times, really.

Did you ever have any conversations that made you

believe GE knew that there were drums that did not

contain pyranol that were being shipped?

MR. LAMBERT: Could I listen to that again,

please, the question.

(Question read.)

MR. LAMBERT: Conversations with GE?

MS. WITT: Yes.

MR. LAMBERT: Answer it.

i THE WITNESS: Well, I had conversations with

Mr. Metevier, I think, about some of the stuff was

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not completely pyranol. Well, I may have

mentioned it to the guys that worked on the docks

there. I don't recall that I really did, either,

but I very well could have.

I may be repeating myself here; if I am, please

forgive me. You mentioned that you would get

drums that contained cleaner. Was that cleaner

and pyranol mixed in one drum, or would there be

separate drums of just cleaner?

Well, we got a few drums of good cleaner, I know

that. But a lot of the salvage stuff was mostly

cleaner, but it's possible it had a little pyranol

in it where they cleaned the tanks --

Okay.

— or their equipment or whatever they call them.

Did you ever have any conversations with GE

employees about what had been done with similar

scrap pyranol prior to the time Fletcher Paint

began to purchase it?

Yes.

And what was that?

It's kind of vague in my mind, though.

What do you recall?

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It seems to me as though they told me that there

had been some taken somewhere up at Ft. Ann or

somewhere, it seems to me, but that's a long time

ago and I'm not sure of it, either, but something

about Ft. Ann, I know that. That's a town that's

up beyond there.

Did they indicate that it had been sold to someone

or what do you recall?

Well, I always was under the impression that GE

was darn glad to get rid of the stuff, that they

were having a problem finding anybody to take it

and they were having to get rid of it somehow

themselves. And then we came along or

Mr. Fletcher came along, saw the chance to sell it

to him.

What gave you the impression that GE was glad to

get rid of the material?

Well, I think it was from things that people out

there said, not necessarily Metevier, but fellows

that worked there helped load the truck and one

thing or another.

Do you recall anything specific that lead you to

this conclusion?

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Well, I don't remember anything specific, but I

think at the time I thought that. There may have

been something said that made me think it, I don't

know now. I do remember some mentioning of

something to do with Ft. Ann, I think it was.

Now, whether they were taking some of it up

there and disposed of it or not, I don't know.

Maybe I knew at the time, but if I —

Do you recall ever having any discussions with GE

employees about what was done with the pyranol

when it was brought back to Fletcher Paint?

They tried to find out, but I never told them what

we were doing with it, that I recall, anyway. We

weren't supposed to tell them anything;

Mr. Fletcher didn't want us to.

Did Mr. Fletcher ever tell you why he didn't want

you to tell them?

Well, I don't know as he specifically said why,

but I always surmised why.

And did Mr. Fletcher ever tell you specifically

why he wanted the markings on the drums

obliterated?

Well, I don't know. He had a -- he doesn't like

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to have people know where he did business and

where he got stuff and things, and of course he

was trying to sell it and I suppose anybody who

bought it he didn't want to know where he got it,

either. But, I don't know, he was funny that way,

that a lot of times stuff would come in and he'd

want all the markings taken off of it.

Now, a couple of times you mentioned that the

pyranol was mixed with Tri-Clean-D.

And possibly something else.

How did you know that it was mixed with

Tri-Clean-D?

Well, I don't know that we always knew. Sometimes

I guess we probably didn't know what else was in

it, but we'd know it wasn't completely pyranol.

What lead you to believe it was Tri-Clean-D?

Well, they had so much Tri-Clean-D around there in

drums and things, and I think they took — I think

some guys told me that's what they used to clean

equipment with.

You mentioned that occasionally at the GE plants

there would be spills on the floor of the truck,

particularly the metal-bottom truck, is that

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right?

Uh-huh, had a tendency to be slippery.

Was that cleaned up at GE or not?

No, cleaned up in Milford. :

In Milford?

The truck was supposed to be cleaned up after

every trip.

And I believe you testified earlier that it would

be washed out?

Uh-huh.

Did you ever participate in that directly, washing

out the truck?

I did a few times, but a lot of times I'd gone

home. The guy that was supposed to unload it was

supposed to do it.

On the occasions when you actually participated in

washing out the truck, what was done with the

water that was in the truck?

Just let it go on the ground.

Now, there was a washing place up on

Elm Street, but that wasn't there way back then,

but in later years we used to ,take the truck up

there and wash it out. It was one of these

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automatic things and had a wand thing, but back in

those days there was no truck washing place, car

washing place in town, so.

Now, that first group of drums that came from

General Electric, how long were those on the

property at Elm Street, to the best of your

recollection?

Well, I'm not sure. I'm not sure just when they

came. I would say they must have come sometime, I

would think, in '52, '53, maybe '54, I don't know,

along in there somewhere. And when we started

going to GE, which was in '57, I believe, when the

Russians sent the Sputnik up, most that was gone.

That's why he was getting anxious to buy some more

because he found out he could sell it.

So most of that initial truck loads were

gone, and it took him a year or two, I think, toV

really — before he got on to Webster Cement or it

took awhile, anyway. He didn't get them the next

day. And so I would say maybe some of them stayed

out there in the yard, gosh, I don't know, three,

maybe four, five, six years. I don't know

exactly, really.

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Going back to the drums that went into the river,

who was it who fished them out of the river?

Gosh, I've got his name right on the tip of my

tongue, but I can't say it. He's driving a truck

for UPS now. Why did you ask me that question? I

know the guy's name and I can't think of it.

Okay. Maybe it will come to you as I finish up

here.

His sister married Ricky Fletcher and they got

divorced.

Do you have any recollection of when that divorce

occurred?

I'd say — I don't know, maybe '83 or '4, maybe —

Pease, that was his last name, was Pease,

P-e-a-s-e. His first name is — I'm trying to

think of that now. He's a UPS truck driver now.

Does he still live in the Milford area?

He lives in Manchester. He drives a UPS truck all

around Londonderry and Derry way, or he was the

last I knew.

At the time the drums went into the river, do you

recall where the empty drums were stored at

Fletcher Paint?

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Not really.

Okay.

As I say, I've got here where the drums were

stored the last of it.

And there you're referring to Hooper Exhibit 2?

And they may have been stored there then, too.

I'm not sure.

Now, you indicated that that was the last area on

the property that was filled?

Filled in, yeah.

And some time was spent trying to establish when

that fill may have occurred. Do you recall

whether any filling was done after you had had

your gallbladder operation?

Oh, yeah, I had that in '70.

So further filling occurred on the property after

that?

Uh-huh. But this, a lot of it was filled in

before that, too, pretty sure.

Was the river originally closer in on the

property? I mean are there parts that are now dry

land that used to be part of the river?

I think so, yeah. I think the river came in more

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of a U shape. I know over here where the drain

comes in its filled in.

Did anybody from GE ever come to the Milford site?

Mr. Metevier.

When did he come?

Well, I remember him coming, oh, it must have been

in the '60s, first part of the '60s somewhere.

I'm just not sure when it was.

Why did he come, if you know?

Well, I could tell you the same thing I told

Mr. Fastoso, why I think he came or what I

surmised at the time.

Now, I never had proof of it. I may be

lying, but what I surmised at the time was

Mr. Metevier just bought a -- was in the process

of buying a brand new automobile or another car,

and I was under the impression that maybe — I was

never absolutely sure of it, but what I heard and

what I saw I had an idea that he came to get

financial assistance, but I could be wrong at

that, too. But I'm not going to bet a bottom

dollar on it because I could be wrong, but that's

what I surmised at the time.

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Did he come to the Elm Street site?

Yeah, I saw him there.

Do you recall speaking to him when he was there?

Yeah.

Do you recall any conversations?

Well, I know I talked with him about where he was

staying down Nashua, and he talked about going

around to — riding around seeing some of the

countryside in our area, and I talked with him out

in New York State after that about — he mentioned

different places he had gone when he was up in our

area. Never been up here before, he said.

Did he ask anything about the pyranol that had

been gotten from GE?

Oh, he asked about pyranol, I think, several

times.

Do you recall what he was asking?

One thing they always wanted to know was what we

was doing with it.

Did he ask that?

I think so. I don't remember precisely, but I

think so.

Do you recall what you may have told him?

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Oh, I told him I don't know what they was doing

with it or some such thing as that. I don't

remember for sure. I remember being told not to

tell him out there.

Was that when he was — was that the Elm Street

site, were you told specifically at that time not

to tell him what was being done with it?

I think I was told that before that, but he did

come to Milford once.

Do you recall how long that was that he was there?

I don't know. He stayed a couple days, three

days. I don't know. Now, I know he went to

Manchester and looked around at different things.

Was that before or after he was transferred from

being the head of scrap and salvage?

No, that was before. He was in salvage then. It

was before he had been transferred to another

department.

Do you recall whether he was given any kind of

tour at the facility at Elm Street?

Yeah, I think he was shown around.

Was he shown where any of the drums were stored?

Well, if he was in the backyard, he would have

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seen them. So I imagine he did.

Do you recall if he asked specifically "Are any of

the pyraaol drums here?"

No, I don't recall him specifically asking.

Other than Mr. Metevier, did anybody from GE ever

come to the Elm Street site?

Not that I recall of. Well, I shouldn't say that.

I imagine they did, salesmen and things, because

we used to buy silicones and things from GE, and I

imagine salesmen came around once in a while or

something.

I wasn't completely clear. You were asked, and ~L

believe you also testified earlier at the last

deposition that pyranol or arochlor was used to a

small degree in paint manufacture?

Very small, small degree.

Was any of the GE pyranol ever used in paint

manufacture?

Yes, but very little, just a little bit went in.

I don't know, it was a gallon or a gallon and a

half or something into a 100 gallons of

rubber-based paint. And Mr. Fletcher had brought

in a drum of arochlor, and when that was gone, we

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said we needed more arochlor.

He said, "You got a whole load in the

backyard. Pick out a drum and use it." I think

he said it should be used all right, and he said,

"Pick out a drum and use it," but it was a very

small amount.

Now, I vaguely remember them trying to grind

pigment into it or something, but it didn't work.

Of course he was always trying something, anyway,

so.

To your knowledge, the intent in getting the

pyranol was not to make paint with it, was it?

No, to my knowledge, it wasn't.

MS. WITT: I don't have any further

questions.

MR. LAMBERT: I have a couple more. I'm

allowed to ask a few more questions here.

EXAMINATION

BY MR. LAMBERT:

Q I wanted to go back to the Tri-Clean-D again.

When I was asking you questions this morning, I

was asking you about what it was you were actually

able to observe when you went out to GE plants in

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New York, and I asked you about what it was people

told you about what was in the drums.

Uh-huh.

First of all, am I right that you never saw

Tri-Clean-D being put into any drums?

No.

And when I asked you earlier about what if

anything people had told you about what was in the

drums, you didn't tell me that someone had told

you that Tri-Clean-D was in the drums, is that

correct? In other words, no one told you there

was Tri-Clean-D in the drums?

Well, I think they may have mentioned it; I don't

know now.

You're not sure now one way or the other?

Well, I knew at the time. You're trying to find

out if they told me.

I'm trying to find out how you knew if there was

Tri-Clean-D in the drums.

Well, when they checked it in Milford, they told

me. I think I was told there was a possibility of

it because that's what they used to clean the

tanks with, was the salvage stuff, so.

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Who told you that GE said there was a possibility

of Tri-Clean-D in the drums?

Well, I think Mr. Fletcher said that some of it

would be contaminated with that.

Is whatever Mr. Fletcher told you the reason why

you believe there may be Tri-Clean-D in the drums?

Well, I think that was partly it. I think they

said out there. I think they told me that they

used it to clean their equipment with it and

things. That was part of the contamination of

some of their stuff.

That's what I was trying to learn before. What I

wanted to know was everything that you can

remember being told by GE people about what was in

the drums, and when I asked you before —

Well, that's a long time ago.

— and when I asked you before, you didn't mention

it.

Yeah.

And I want to go back over this again. Can you

say for sure that someone from GE told you there

was Tri-Clean-D in the drums, as opposed to

Mr. Fletcher telling you there might be

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Tri-Clean-D in the drums?

Well, I'm not really sure; they could have

mentioned it. I don't remember specifically, but.

And this goes back to the part of the question

what the drainings were that you referred to. You

had referred to drainings as being — as producing

material that went into drums. Do you recall

testifying to that?

Drainings?

I think that was the word that you used.

Well, I don't know what I used now, but.

Okay. Well, I asked you whether or not you had

been told that the process out there was to fill

capacitors overflowing.

I don't know about overflowing, but it could be.

And what I was asking was whether or not you were

told that that process, if in fact that was the

process, it would produce an overflow —

Uh-huh.

— which would then have to be dealt with in some

way, whether you were told that that was what was

put into the ,drums?

I don't remember them mentioning an overflow, but

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maybe they did.

Today, at least, can you recall any instance in

which you were told that material in the drums

included Tri-Clean-D, that is told someone, told

by someone at GE?

Well, I'm really not sure, but I think that was

mentioned as one of the — of course it was

salvage stuff, it was used stuff. So I think that

was mentioned, I think, as one of the things that

could be in it.

Can you recall whether it was mentioned by someone

at GE or by someone at Fletcher's?

I think both places.

Did you understand that drums of pyranol that

contained Tri-Clean-D were among the drums that

were sold then to Webster?

Was I told?

Yes.

Well, I vaguely remember Webster bringing back

some drums that was too thin that they didn't

want.

And those were then drums mixed with thicker

stuff?

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They were contaminated with something. I expect

it was Tri-Clean-D, maybe something else, I don't

know.

You testified you actually observed water in them,

too?

Yeah, a lot of the drums you opened up there would

be water on top.

And that water was drained off in the filtering

process?

Uh-huh, they didn't all have water in, but some of

them did.

Was Tri-Clean-D — I asked you if that was a

product you worked with yourself at Fletcher's,

and you said no.

No.

So if there had been a product present in the

drum, in addition to pyranol, you would not have

recognized it as Tri-Clean-D?

Well, I don't know as I would have; the chemist

might.

I remember them talking one time when I was

out there about in the wintertime they couldn't

salt their areas around their plant out there.

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they didn't allow the town to salt the roads or

the sidewalks or anything, and they had to — I

think somebody told me the way they made the

capacitors, and when they came inside, they had to

take their shoes off and something and leave them

and wear shoes that they only wore in there. If

they got any -- just took just a little bit of

salt and would contaminate a whole bunch of this

arochlor. It would make your capacitors corrode

inside.

With the salt?

Yeah.

You were asked a couple of minutes ago whether

Mr. Metevier asked about the pyranol drums when he

came to visit Milford. If he had looked at the

back lot where the drums were stored, he wouldn't

have been able to recognize the GE drums, anyway,

because they would have been painted over?

According to rights, they were supposed to have

been painted off.

MR. LAMBERT: I have no further questions.

Thank you.

MS. WITT: I just have one or two as a

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result of that. I promise that's the end

EXAMINATION

BY MS. WITT:

Q

A

When you describe pyranol as thin, are you

describing -- do you mean the drums that had water

on top?

No.

What do you mean?

I'm talking about pyranol that's been -- it's got

cleaner or something mixed into it, thinned it

out. Pyranol is thick stuff, very thick, and

it's —

So a drum that had some water on the top, would

that necessarily mean that what was below was

thick or thin, could it be either?

No, water wouldn't mix with it. Water came to the

top.

The fellow's name was Russell Pease.

MR. LAMBERT: If we stay here long enough,

you'll remember the names of his children, too.

THE WITNESS: Just thought of his name. I

don't know .where he lives now. The last time I

saw him he was in the process of buying a house, I

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forget where it was, somewhere in Manchester.

Just to clear up because I've gotten a little

confused, what did you understand to be the source

of the pyranol that — or the material that was

contained in the drums that you got from GE?

What was the source?

Yeah.

What do you mean, where they got the pyranol?

No.

No.

You indicated before that it was used.

Yeah. Well, most of it.

Okay. Most of it. Did you have an understanding

of how it had been used?

Well, it was used in capacitors. It was a cooling

lubricant or something.

Now, they made capacitors for hearing aids

and they made them -- I don't know whether it was

as big as this room or not, but they made them

pretty big.

Did you have any knowledge whether this was excess

pyranol that had overflown or was it something

else or both?

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Well, both, I guess, pyranol that had been in the

tanks when they cleaned them out, pyranol that

had, as he said, overflow, maybe — I don't know,

but that was something that was brought up there,

but I don't specifically remember it. They fill

them to overflowing, that could be.

And how did you come to this understanding of

where this pyranol or the material that was in the

drums had come from?

Well, usually talking to the fellows that worked

there, they would make remarks once in a while

about something.

MS. WITT: I have no further questions,

Mr. Hooper. Thank you.

MR. LAMBERT: I have one more now.

EXAMINATION

BY MR. LAMBERT:

Q Who told you that some of the pyranol was drained

from tanks?

A

Q

Well, I think the guys that worked there.

What kind of tanks did they say they had been

drained from?

Well, I suppose whatever they used in the

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manufacturing area, I don't know.

Can you recall that someone told you that it had

been drained from tanks, as opposed to the

drainings of what was left over when capacitors

were filled? I'm not trying to confuse you. I'm

trying to —

Well, they had to clean their equipment, is what I

understood it, and they used this cleaner to clean

their equipment; and when they did, of course,

there was some pyranol there.

Now, what I want to know is whether or not you're

making suppositions from what you were told as

opposed to someone told you that "We cleaned out

tanks or equipment that contained pyranol"?

I don't know as the guys there did it that I saw.

Well, that's what I'm trying to get to the bottom

of. The people that you saw weren't working?

No, they wasn't working in the factory — well,

the salvage area.

The salvage area?

Yeah.

Somebody else was in the area where the pyranol

was being used?

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Yeah.

And it isn't — no one at this point, at least,

has established that the people you were talking

to had any firsthand knowledge, and you are

professing that you don't remember some of the

details that you were told long ago. I'm trying

to figure out whether or not in the translation

here we're getting away from facts into

suppositions based upon secondhand information.

I think the guys from the salvage department went

to the other area to get it —

Right.

— and bring it to the salvage area, I think.

But you don't know whether those people actually

saw anything more than when they went to the other

area than drums, as opposed to —

I don't know. I don't remember now what they said

completely. I know they used to say things, but

it's so long ago that I don't remember all of it.

MR. LAMBERT: I have no further questions.

MS. WITT: Neither do I. Thank you very

much, Mr. Hooper. ,i

(The deposition was concluded at 12:35 p.m.) I

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(Deponent) .*

STATE OF

COUNTY OF , SS.

of

Subscribed and sworn to before me this

; _ , 19 _ .

day

Notary Public/Justice of the PeaceMy Commission Expires:

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C E R T I F I C A T E

I, Sandra de Vasconcellos, a Certified Shorthand

Reporter of the State of New Hampshire, do hereby certify

that the foregoing is a true and accurate transcript of

my stenographic notes of the deposition of

Wallace Hooper, who was first duly sworn, taken at the

place and on the date hereinbefore set forth.

I further certify that I am neither attorney nor

counsel for, nor related to or employed by any of the

parties to the action in which this deposition was taken,

and further that I am not a relative or employee of any

attorney or counsel employed in this case, nor am I

financially interested in this action.

•Sandra de Vasconcellos, CSR, RPR

DAVID R. JORDAN & ASSOCIATES