IN THE UNITED STATES DISTRICT COURTN DISTRICT OF MIEASTERN DIVISION

EASTERN DISTRICT OF MISSOURI 0"Sd)

DIVERSIFIED INDUSTRIES, INC., ))

Plaintiff, ))

vs. ) No. 78-1159-0(1))

AMERICAN TELEPHONE & TELEGRAPH )COMPANY, et al.f ' '' )

)Defendants. )

EXHIBIT A TO NOTICE OFDEPOSITION UPON WRITTEN QUESTIONS

ON BEHALF OF DEFENDANT- DIRECT QUESTIONS

INTRODUCTION

Pursuant to Rule 31 of the Federal Rules of Civil Procedure

the written questions contained in this Exhibit A To Notice of

Deposition Upon Written Questions On Behalf of Defendants are

to be propounded to the person or persons designated pursuant

to Rule 30(b)(6), F.R.C.P. by each of the deponents listed in

Exhibit B to the Notice of Depositions Upon Written Questions

on Behalf of Defendants, at the place and time and.before the

Court Reporter set forth in said Exhibit B.

DEFINITIONS

For purposes of the Written Questions herein contained the

following words shall have the following meanings when used in

said Written Questions.

A. "Diversified" shall mean Diversified Industries, Inc.

and each of the following subsidiaries, divisions and

affiliates: Diversified Metals Corporation, Eastern

Diversified Metals Corporation, Western Diversified Metals

Corporation, Liberty Smelting Works (1962) Ltd., Kemco Metal

Processing Corporation, Nathan S. Colen 6 Sons, Inc., and\

Diversified Metals International.

AR2QU9I

B. "Document" includes all non-identical versions

copies or any written, printed, typed, photocopied, punched,

filmed, microfilmed, microfichec, photographic and graphic

matter of any kind or character, and any tape, record and other

recorded material, however produced or reproduced, in your

possession or control, including, but not limited to, all

drafts, contracts, diaries, ' calendar s, correspondence,

communications, telegrams, teletypes, memoranda, notes,

notations, studies, reports, ch=rzs, maps, viewgraphs,

transcripts of testimony, computerized records, analyses,

statistics, prospectuses, lists, letters, summaries, reports,

plans, expressions or ststemsr.is of policy, speeches,

circulars, pamphlets, pr=ss releases, brochures,

advertisements, receipts, quo^siicns, minutes, financial

records, and entries in bosus of account, but it does not

include invoices, shipping documents, equipment or service

orders, or purchase orders, unless otherwise specified herein. .

C. "Person" means any natural person, company,

corporation, professional corporation, partnership,

association, joint venture, proprietorship, firm or 'other

business enterprise or legal entity.

D. "Oral communication" means any utterance heard by a

person other than the speaker.

E. "Identify" used in reference to a natural person means

to state his full name end residence address, his present or

last known position and business affiliation, and his positionand business affiliation at the tints in question.

F. "Identify" when used in reference to a document means

to state the date or dates, author or. originator, subject

matter, all addresses, and recipients, type of document (e.g.,

letter, memorandum, telegram, chart, etc.), number or code

AR20U92

•") /j : ,U i't 4 tt i ri d L

number thereof or other means of identifying it, and il

present Iocati6n and custodian. If any such document was, but

is no longer in your possession or subject to your control,

state what-disposition was made of it.

G. "Identify" when used in reference to an oral

communication means to state the speaker, the person spoken to,

the other persons who were present or in a position to hear,

the date, the place of communication, and the substance of such -

oral communication.

H. "Identify" when used in reference to a business entity

means to state its full name, the address of its principal

office and the type of entity.

I. "And" and "or" are both conjunctive and disjunctive.

J. Words in the singular include the plural, and words in ,

the plural include the singular. "Each" and "any" are both

singular and plural.

K. Words in the past tense include the present, and words

in the present tense include the past.

L. "Scrap" means material which has no value except for

sale or processing by reclamation plants for salvage of base

metals or other materials.

M. "Copper Base Scrap" shall mean any scrap, as defined

herein, which shall contain copper as a base metal.

N. "Insulated Wire and Cable Scrap" shall mean scrap, as

defined herein, which shall consist of wire or cable composed

of copper or aluminum wire covered -by an insulating material.

O. "Describe" meanst

(a) Describe fully by stating underlying facts rather

than by stating ultimate facts or conclusions of law.

(b) Particularize as to time, place, identity of

persons, documents or oral communications involved and

circumstances.

RSGINAL(red)

P. "Disposing" or "disposed" shall rrean to transfer title

or possession of scrap to someone else by sale, exchange, or '

other means, including transfer pursuant to a toll exchange-

agreement and/or a nugget return, tell agreement.

Q. "Acquired" shall mean received transfer of title or

possession of scrap by sale, exchange or other means, including

receipt by transfer pursuant to coll exchange agreement and/or

a nugget return toll agreement.

R. "Toll Exchange Agreement' shall mean a transaction in

which title to scrap is transferred by you to another in return

for processed or upgraded prr>=uct.

S. "Nugget Return Tell. A:r&=^er.fn shall mean a

transaction in which poises sior: of scrap is transferred by you

to another for process!-g and up:racing and the return to you

of the processed or upgrades product.

T. "Quantity" shall mear. the number of units stated in

pounds.

U. "Processed" shall mear. the upgrading of scrap by the

removal of insulation from insulated wire and cable scraps.

V. "You" or "Your Company" shall mean the specific

company or division to which plaintiff's Deposition upon

Written Questions has been served and its corporate

predecessors and successors.

W. "Related Company" shall mean each parent, subsidiary

or otherwise affiliated company or division of yours and any

joint venture or other entity in which you or any parent,

subsidiary or otherwise affiliated company or division of yours

owns an equity interest of at least 50%.

X. "ACSR Wire" shall mean aluminum cable steel reinforced

wire.

R l O i N A L(red)

WRITTEN QUESTIONS

1. State name, state of incorporation and address of vour

principal place of business and of each of your-subsidiary

corporations which disposed of or processed copper base scrap,

insulated wire and cable scrap, or ASCR wire since January 1,

1976.

2. Identify the persbn or persons who were in charge of

the disposition of copper base scrap, insulated wire and cable

scrap and ASCR wire for you and each of your subsidiaries

between January 1, 1976 through December 31, 1980.

3. Please supply the following information separately for

you and each of your subsidiary corporations:

Year Quantity of copper • Quantity of insulatedbase scrap disposed copper wi^e and cableof by gross weight • scrap disposed of by(pounds) gross weight (pounds)

1976 74,983 708,464

1977 234.727_________ 1,459,876

1978 839,209 " 1,271,145

1979 162,003 1,279,689

1980 304,264 1,013,229

Year Quantity of insulated . Quantity of ACSRaluminum wire and wire disposed of bycable scrap disposed gross weight (pounds)of by gross weight (pounds)

" '~ ~ —~ ~ -~ —————— .«™n B J" —

1975 1,934, 48 Mnf- " •.-'reoated

2,394,190

if^ALiio(red)

Year Quantity of insulated Quantity of ACSRaluminum wire and _ wire disposed of bycable scrap disposed srrau "'"j'ross weigb^_(pounds|

1978

1979

1980

Month

August1977

September1977

October1977

November1977

December1977

Month

of by gross weight (po-'ncs)

2,JT67,151

3,076,228

2,520,129

Quantity of copperbase scrap disposedof by gross weight(pounds)

3,474

3,132

92,829

. 10,765

None

Quantity of insulatedaluminum wire andcable scrap disposedof by gross weight (pounds)

22,306

103,625

318,733 .

• 330,494

Not Segregated

Not Segregated

Not Segregated

Quantity of insulated' copper wire and cablescrap disposed of bygross weight (pounds)

213,318

None

342,641

206,839

None

Quantity of ACSRwire disposed of bygross weight (pounds)

Mot Segregated

Not Segregated

Not Segregated

Not Segregated

August1977

September1977

October1977

November1977

December Ig8>332 . • Not Segregated

1980

1980

GINAL(red)

Year Quantity of copper Quantity of insulatedbase scrap disposed copper wire and cableof to Diversified ~ - - - J -i:_:cssd of toby gross weight Diver.'ifijd by gross(pounds)___________ weight (pounds)________

1976 _..._..._.

1977

1978

1979-

Year Quantity of insulated Quantity of ACSRaluminum wire and wire disposed of tocable scrap disposed Diversified by grossof to Diversified by weight (pounds)_______gross weight (pounds)

1976

1977

1978

1979

Month Quantity of copper Quantity of insulatedbase scrap disposed copper wire and cableof to Diversified scrap disposed of 'toby gross weight Diversified by gross(pounds)___________ weight (pounds)________

August1977 _______________ _______________

September1977

October1977

November1977

December1977

AR20U97

(red)Year Quantity of insulated Sts-.e the method or methods

copper base scrap which by w.-ich you processedyou processed internally th* insulated wire and cableby gross weight (pounds; sc.=?, i.e. burning, chopping,

c'ricn.icql solvents, etc.

1976 ____________________ __________________

1977

1978

1979

1980

Year Quantity of insulated State the method or methodscopper wire and cable by which you processedscrap which you processed the insulated wire and cableinternally by grcr.3 weic.-.t scrap, i.e. burning, chopping,(pounds)____________' chemical solvents, etc.

1976 _______;___________ ______________

1977

1979

1980

Year Quantity of insulated State the method or methodsaluminum wire and cable by which you processedscrap which you pro- the insulated wire and cablecessed internally by scrap, i.e. burning, chopping,gross weight (pounds) chemical solvents, etc.

1976

1977

1979

1980

ORIGINAL(red)

Year Quantity of ACSR State the method or methodswire which you by which you processedprocessed internally the insulated wire and caby gross weight scrap, i.e. burning, choppif(pounds)___________ chemical solvents, etc.

1976

1979

1980

Month Quantity of insulated State the method or methodscopper base scrap which by which you processedyou processed internally the insulated wire and cableby gross weight (pounds) scrap, i.p>. burning, chopping,

chemical solvents, etc. •

August1977

September1977

October Wofl "1977

November1977 .

December1977

AR20U99

(red)Month Quantity of insulated 5t=-s the method or methods

copper wire and cable by »hich you processedscrap wh'ich you processed the insulated wire and cableinternally by gross w-i;:,t srrip, i.e. burning, chopping,(pounds)______________ ci'.er.ical solvents, etc.

August1977

September1977

October1977

November'1977

December1977

Month Quantity of insula-e-i State the method or methods'aluminum wire and csn'.e by which you processedscrap which you pr^- the insulated wire and cable •cessed internally by scrap, i.e. burning, chopping,gross weight (pounds: chemical solvents, etc.

August1977

September1977

October1977

November1977

December1977

10

AR201500

(red)Month Quantity of ACSR state the method or methods

wire which you by which you processedprocessed internally the insulated wire andby gross weight scrap, i.e. burning,(pounds) _________ , chemical solvents, etc.

August1977

September1977

October1977

November1977

December1977

4. (a) State whether Diversified made any attempt to

acquire scrap from you or any of your subsidiaries between

January 1, 1976 and December 31, 1980; and

(b) If so, describe each such attempt and the results

of each such attempt.

5. (a) State whether you or any 'of your subsidiaries

made any attempt to solicit an offer or bid from Diversified to

acquire scrap from you or any of your subsidiaries between

January 1, 1976 and December 31, 1980; and

(b) If so, describe each such attempt and the results

of each such attempt.

6. State with respect to each offer by Diversified to*

acquire scrap from you or any of your subsidiaries:

(a) The date of the offer;

(b) The terms and conditions of the offer including,

but not limited to, the following: (1) The quantities of copper

base scrap, insulated wire and cable scrap, ACSR aluminum wire

11

AR20I50

| ' J * II . I . I £,- (red)

scrap and other scrap to be acquired ; and ;2) The nature of the

L.uusactions by' which the scrap would be acquired, i.e. sale,

toll exchange agreement, nuggst return -cell agreement or other

means;

(c) Whether the offer was by oral communication and,

if so, identify the oral comrcunicatior. _,nd each document which

state the terms and conditions of tr. offer;

(d) Whether the offer was in writing and, if so,

identify each document containing the offer;

(e) Whether you or =r.y of your subsidiaries accepted

the offer ; and

(f) IL you or =.r.y c: your subsidiaries did not accept

the offer: (1) state the r^asor: cr reasons why you did not

accept the offer; and (1 ider.-iiy t'r.e person, or persons, who

made the decision to not accept zr.e offer.

7. State whether you or ' any cf your subsidiaries

refrained from disposing of scrap to Diversified at any time

after January 1, 1976 in whole cr in part because of publicity

concerning: (a) Diversified' s financial condition; (b)

Diversified 's alleged practice of short-weighing, i.e.

delivering or returning to customers lesser weights of metals

recovered frcm -scrap than actually recovered; (c) Diversified 's

reported improper payments to employees of its suppliers of

scrap; or (d) Diversified 's changes in management personnel.

8. State whether you or any of your subsidiaries

refrained from disposing of scrap tb Diversified at any time

after January 1, r>76 in whole or in part because of

Diversified 's reputation for: (a) financial weakness or

instability; (b) commercial dishonesty; or (c) management

chanqeover or instability.

AR20I502

RiGiNAL(red)

9. If your answer to questions 7 and/or 8 is affirmative,

state which of the items listed therein constituted in whole or

in part a baris for the decision of you or your subsidiary, the

source or sources of the publicity or information which you or

your subsidiary had concerning such item or items, the time

when the decision was made and whether you or your subsidiary

have since disposed of scrap to Diversified.

10. Identify the three persons to whom you and any of your

subsidiaries disposed of the largest quantities of copper base

scrap during each of your fiscal years ending in 1976 through

1979. '

11. Identify the three persons to whom you and any of your

subsidiaries disposed of the largest quantities of insulated

wire and cable scrap during each of your fiscal years ending in

1976 through 1979.

12. Under Rule 30 (e) of the Federal Rules of Civil

Procedure you have the right to read and sign this deposition,

to check the accuracy of the transcription, but not to change

the substance cf any answer. Do you wish to waive this right

and rely on the Reporter's accuracy?

COB

RLenmond C. CoburnJohn R. McFarlandPatrick C. DowdMichael H. GubermanOne Mercantile CenterSuite 2900St. Louis, Missouri 63101314-621-8575

13

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DUKE POWER COMPANY p. >LiJOAI. DEPARTMENT || J 1 ' ,, j J

03180 ~* " " *'• S-

CHABJLOTTE , N. C. ssa s (red) *70« 373' 4 8 7-X'RONALD V. SHEARIN '

EDWARD M. MARSH, JR.W. EDWARD POE, JR.

ALBERT VRCARR. JR. October 17, 1986ROBERT M. BISANARWILLIAM J. BOWMAN, JR.RONALD L.GIBSONJEFFREY M.TREPEL

OF COUNSELWILLIAM I. WARD, JR.

Mr. Francisca BarbaCompliance OfficerCERCLA Remedial Enforcement Section (3HW12)U. S. ERA, Region III841 Chestnut BuildingPhiladelphia,'PA 19107

Re: Eastern Diversified Metals SiteHometown, Schuylkill County, PA ' •

Dear Mr. Barba:

Subsequent to my letter to you of July 3, 1986, I received informationfrom a third party which led me to again have .Duke Power Company search itsfiles and records for information concerning the Eastern Diversified site inSchuylkill County, Pennsylvania. Upon a further review, Duke Power Companyfound the attached bill of lading. It was found in a "forms" file and wasdiscovered in an old desk. Records during the 1970's have now beendestroyed.

In addition, enclosed are copies of documents Duke Power Company filedin Diversified Industries v. American Telephone & Telegraph Co., et al., towhich Duke was not a party. The enclosures are: Affidavit of Joseph A.Ray; Affidavit of Joseph.A. Ray dated 1-11-82; letter of Joseph A. Ray dated1-8-82; Exhibit A to Notice of Deposition; Plaintiff's Cross ExaminationQuestions; and various workpapers of Joseph A. Ray.

If you have any additional questions, please let me know.

Very truly yours,

, John E. LanscheAssistant General Counsel

JEL/jb

'•. ; ••-.:- .'«,' ; • " • • • . (U Vi - - - ? • . -• •„»—.•f» FormlGS

(Uniform Domestic Straight 3H] si Ladi.".1, iCcptsd i? ?.'.rr::-nj in C.Sc:_:. i.-r-.hj — . ~V',--TTI •'-Illinois C3a*sific»tion Territoriet, Much 15, 1922, 13 amended August 1, 1930, and June 16, 1941.)

at_

V J. JL A \*f _L X f J» _J J* JL %— i. JL VJ _L _l -L.'JL./ _LJ /i J_ ^ 1. J— - J. **1 \J

ORIGINAL-NOT NEGOTIABLE A?enf. vnSEABOARD COAST LINE RAILROAD COMPANY^

RECEIVED, rabjeet to the classification* and tariff* In effect on the. date of the. Issue of this Shipping- Order, 'fi,' ,,,• '

Toddvillc Warehouse. Chenfroav. N. C. " * ~ ' "•' - ' • ' ' July 24, IB

•73

from Duke Power Co.. P. 0. ZBox fcl78. Charlotte'/ N, C." •'.*''" / r_ _ _ _ _ _ _ _ _ _ _ _ _ _the property described below, in apparent good order, except u noted (content* and condition of contents of package* unknown), marked, con-signed, and destined as indicated below, which laid company (the word company being understood throughout thii contract u moaning anyperson or corporation in poueuion of the property under the contract) agree* to carry to it* usual place of delivery at said destination, if on it*own road or its own water line, otherwise to deliver to another carrier on the route to laid destination. It Is mutually agreed, as to each carriwof all or any of said property over all or any portion of said route to destination, and as to each party at any time interested in all or any of saidproperty, that every service to be performed hereunder shall be subject to alt the conditions not prohibited by law, whether printed or written,herein contained, including the conditions on back hereof, which are hereby agreed to by the shipper and accepted for himself and his aoigitt.

Consigned to Diversified Metal Corp.Destination Tamaqua ^Hometown) State of PennB«.t. SCL - RF&P - B&O - RUG - LV , ' ' ' i

xn*fz*—ror piupoM <t KUloitioi — ly. \

Countvof

LV ________________________• - C-r Initial

Hs.Piekitti

63

'5- :

"'.-

DESCRIPTION OF ARTICLES, SPECIAL MARKS AND EXCEPTIONS

Bales Scrap Aluminum Wire

This shipped material Co be recycledand is exempt from the aftijj increase.

XJ«.r-Xj&Purchase Contract #3-2501-4.-.Seals ffL-AOMTT & L 405573 " ''*'• ' '• •., . ' '"-.'•".Shipper Load & Count ,• '•

' * '"•*<

•.-•_.• '"' .-•&• •••',.;. • -A ' :. • '.., .:'•- !'•:''•'*'.< •;.-.'.••--•'.-,- "•-. >-.- .-; •s\-.^- '• -:.-•• -..:.•,-:;. *-.- •- . -.r - ..-. >..

•If t_i >Upw*t mam Mna tw fsm bjr • MiAe l>7 nttr, !_• l»» tiqSm lt» U> bWW4.1* ' " . % . .

agreed or declared value of the property. •', •• •Tbe agreed er declare- ralae ef tbe ptuperfy It hereby *»eclflcall)

• ••'. '•». •'. ' , , ; • • •.. • ' .i:1f ' -- X-«V;,-^- •••;'.;:,.• ' •%''-•?';..£.,:, X*"-

• 'WEIGHT(I u lKl U C«HetlM)

03011 -i •'•

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CLASS ORRATE

LBS"

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CHECKCOLUMN

4

.01 iflidiH ikiUHatt -btiurltU-eiRlK'l v>Upi»c'i

idnd to state specifically in writing the}*- . - ' •' ' 'A •-....'• ••Uled br the shlsper to be iMt «eecdl«|''>'';} ';> '.-.' ;.•'•'- -i - -.4'; ».- .ft;. . •• ••-...•'••.. • .. .. • . '

Subject to Section 7 of con-ditions, if this shipment Is tobe delivered to the consigneewithout recourse on the con-signor, the consignor shall signthe following statement:The carrier shall not make

delivery of this shipment with-out payment of freight and allother lawful charge*,

Duke Power Co.(Slcuton of Coo-por.)

1 If charge* are to' be prepaid,write or stamp here, "To__aPrepaid." . |

Collect ^

Recairadl ... ,to apply in prepayment of thecharge* on the property de-scribed hereoo.

Xgtnl at Oaklsr

P«r' *' ' • '"'

*.£&&'" fc-"*"-*Charjs* Adraooed: ,

'•'_-;„.?! -v-. ••-*.•••

•• '' .'• •••''''' -'Puke Power Cfinoariy ''•", ' ' '- ' V.ctj^ .'.'>"' • • ' •' '" ?s-- . __,

THE UNITED STATES DISTRICT COURTEASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

ORIGINALDIVERSI1IED INDUSTRIES, INC., }

)Plaintiff, )

)vs. ) No. 78-1159-C(l)

)AMERICAN TELEPHONE & TELEGRAPH )COMPANY, et al., )

)Defendants. '"' )

AFFIDAVIT OF Duke Power Company ______(Corporation) —————————

Joseph A. Ray _____ f being first duly sworn upon his

oath deposes and states:.,.., , . . . j .. Duke Power Comoany1. I am the individual designated by ____________

to subscribe to the affirmations and/or corrections stated

herein as being matters known or reasonably available to the

organization.

2. That the followng responses represent the affirmations

and/or corrections to the initial responses given to the Direct

Question (s) of American Telephone s Telegraph Company

by Duke Power Company in its deposition by written questions

that was taken on the 6th day of January 19 82 .

3. That these affirmations and/or corrections have been

made to confrom the responses of the deponent to the definition

of "copper base scrap" as stated in the "Direct Questions" of

American Telephone & Telegraph Company, to-wit:

Page 1 of 8

ARZOI5Z8

ORIGINALAMENDED RESPONSES TO DIRECT QUESTION'(S) (fed)

J. State name, state of incorporation and address of your

principal place of business and of each of your subsidiary

corporations which disposed of or processed copper base scrap,

insulated wire and cable scrap, or ACSR wire since January 1,

1976.

ANSWER: Duke Power Company, a North Carolina corporation422 South Church StreetCharlotte, North Carolina 28242

Mill-Power Supply Company, a North Carolina corporation422 South Church StreetCharlotte, North Carolina 28242

2. Identify the person or persons who were in charge of

the disposition of copper base scrap, insulated wire and cable

scrap, and ACSR wire for you and each of your subsidiaries

between January 1, 1976 through December 31, 1980.

ANSWER:1. Mill-Power Supply Company, a subsidiary of Duke Power Compan

(See previous response)

2. P.. M. Wagstaff7602 Rolling Hill RoadCharlotte, North CarolinaMr. Wagstaff is now retired but was a Vice Presidentof Mill-Power Supply Company during this period.

3. Joseph A. RayWestland Farm Road - •Mt. Holly, North CarolinaI am and have been since August 27, 1980 the Administrator

. of Surplus and Salvage Sales for Mill-Power Supply Company.

Page 2 of 8

AR20I529

ORIGINAL3. Please supply the following information separately rot

you and each of your subsidiary corporations:

Year Quarrti-ty of copper Quantity of insulatedbase scrap disposed copper wire and cableof by gross weight scrap disposed of by(pounds) gross weight (pounds)

1976 783,447 ____ 708,464

1977 1,694,603__________ - 1,459-,876

1978 , 2,110,354__________ 1,271,145

1979 1,441,692__________ 1,279,689

1980 ' 1,317,493__________ 1,013,229

Month Quantity of copper Quantity of insulatedbase scrap disposed copper wire and cableof by gross weight scrap disposed of by(pounds) gross weight (pounds)

216,792 213,318

September 3,132_____ None

October 435 4701977 435,470__________ 342,641

November 217,604________ 206,839

December None _____ None

Page 3 of 8

AR20J530

(red)Year Quantity of copper Quantity of insulated

base scrap disposed copper wire and cableof to Diversified scrap disposed of 'toby gross weight (pounds) Diversified by gross

weight (pounds)

1976 _____None________ ________None

197,7 _____None________ • None

1978 None ' - .None

1979 None ' None

jggg None None

Month Quantity of copper Quantity of insulatedbase scrap disposed copper wire and cableof to Diversified scrap disposed of toby gross weight (pounds) Diversified by gross

weight (pounds)

None None

September None None1977 ________ __ __

None Hone-

November None________ None

December . None None

Page 4 of 8 .

AR2QI53.1

UK I ta. HAL(red)

Year Quantity of copper State the method or methodsbase scrap which you by which you processed theprocessed internally copper base scrap i.e.

"•r n " by* gt&Ss1 Wight' (pounds) burning, chopping, chemicalsolvents, etc.

1976 _______None____•____ None

1977 ____None None

1978 _____None________ - . None

1979 ___None __ None

1980 ___None__ ___ None

Year Quantity of insulated State the method or methodscopper wire and cable by which you processed thescrap which you processed insulated wire and cableinternally by gross weight scrap, i.e. burning,(pounds) chopping, chemical

solvents, etc.

1976 None_________ ______None

1977 None_ __ None

1978 _______None_________ _____None _____

1979 _____'None_________ _____None_______

1980 _____None _____ _____None _____

Month Quantity of copper State the method or methodsbase scrap which you by which you processed theprocessed internally copper base scrap, i.e.by gross weight (pounds) burning, chopping, chemi-cal

solvents, etc.

None None

September None None

Page 5 of 8

AR201532

Ri&INAL(red)

Month Quantity of copper State the method or methodsbase scrap which you by which you processed theprocessed internally copper base scrap,' i.e.by ,„_— ,••?_._•"•: ;: .-_...__) burning, chopping,

solvents* t :c_>

N o n e • None

November None ' None

December None None

6. State with respect to each offer by Diversified to

acquire scrap from you or any of your subsidiaries:

(a) The date of the offer?

(b) The terms and conditions of the offer including,

but not limited to, the following: (1). The quantities of copper

base scrap, insulated wire and cable scrap, ACSR aluminum wire

scrap and other scrap to be acquired; and (2) The nature of the

transactions by which the scrap would be acquired, i.e. sale,

toll exchange agreement, nugget return toll agreement or other

means; •

(c) Whether the offer was by oral communication and,

if so, identify the oral communication and each document which

state the terms and conditions of the offer;

(d) Whether the offer was in writing and, if so,

identify each document containing the offer;

(e) Whether you or any of your subsidiaries accepted

the offer; and

(f) If you or any of your subsidiaries did not accept

the offer: (1) state the reason or reasons why you did not

accept the offer; and (2) identify the person, of persons, who

made the decision to not accept the offer.

Page 6 of 8

AR201533

MSWER:6(a) July 9, 1980

6 (b) _.jje letter contained no terms and conditions

6(c) No.

6(d) Yes, see the letter attached hereto as Exhibit 1.

6(e) No.

Page 7 of 8

....... A.R20.l-S3lr

fk ""*• " \ 16(f) The letter containing the offer was received ^2 ? / - - , , - ' ,\ 1during the illness of Mr. F. M. Wagstaff and _ W S » i < w a i i i r . Uwas filed inadvertently.

D. Identify the three persons to whom you and any of your

diaries disposed of the largest quantities of Copper 'base

during each of your fiscal years ending in 1976 through

aaSWER: i) . southmet Recycling CorporationP.O. .Box 152Greenville, North Carolina 27834 - n's

ed2) Frank H. Nott, Inc.

900 Brook RoadRichmond, Virginia 23261 ,

3) Ansam Metals Corporation _r1026 E. Patapsco AvenueBaltimore, Maryland 21225

By:Name * t^*

Duke Power CompanyCompany422 South Church StreetCharlotte, North Carolina 28242Address

Signed and sealed before me this _____ day of31. —————

Notary Public

Commission Expires:

Page 8 of 8

AR201-535.

U- vA SUBSIDIARY OF DIVERSIFIED INDUSTRIES, INC.

N3 •'•' "" 'IO34 S. BRENTWOOO BLVO SUITE 1750 ST. LOUIS. MISSOURI 631 I 7 3I486282OO CABLE. DIMETCO

TELEX: 044-856

July 9, 1980

Mr. F.M. WagstaffManager-PurchasesDuke Power CompanyP.O. Box 32307Charlotte, North Carolina 28201

Dear Mr. Wagstaff:

This letter shall serve as notice of Diversified Metals-Corporatdesire to again be permitted to bid on all scrap offerings gene:by Duke Power Company.

•As you know, in the past, Diversified Metals has been a successcontinued buyer of scrap through the power company and we wishcontinue in that capacity and, again, be a competitive buyer ofmaterials thereby helping to increase revenues for your scrap.

Please contact the writer at the telephone number above concerrany questions you may have regarding the above-mentioned matte:

Trusting to hear from you soon, we remain

Very truly yours,

DIVERSIFIED METALS QCTRfiORAT ION -NATIONAL DIV.A SUBSIDIARY. OF DIVERSIFIED INDUSTRIES, INC.

LazaDirector-Metal Purphas\.ng

DHL:rd _

( EXHIBIT TWO )

ORIGiilALSTATE-OF NORTH CAROLINA )

) SSCOUNTY OF MECKLENBURG )

AFFIDAVIT

Joseph A. Ray, being first duly sworn, deposes and says:

1. That Joseph A. Ray, employed by Duke Power Company asAdministrator, Surplus and Salvage Sales, with duties of thedisposal of any and all surplus scrap and salvageable materialsof the company, has answered all of the questions propounded bythe parties.

2. That neither Duke Power Company nor its subsidiaries acquiredaluminum and/or copper choppings at any time during 1975-1978.

3. That neither Duke Power Company nor its subsidiaries acquiredaluminum and/or copper choppings at any time during 1975-1978.

4. That neither Duke Powei Company nor its subsidiaries acquiredaluminum and/or copper choppings at any time during 1975-1978.

5. That neither Duke Power Company nor any of its subsidiariesrefrained from acquiring copper and/or aluminum choppings fromDiversified at any time after January 1, 1976 in whole or inpart because of such publicity to the best of my knowledge.

6. That neither Duke Power Company nor any of its subsidiariesrefrained from acquiring copper and/or aluminum choppings fromDiversified at any time after January 1, 1976 in whole or inpart because of such reputation to the best of my knowledge.

7. That the answers to questions 5 and 6 were negative.

8. That Duke Power Company disposed of no insulated wire andcable scrap and no ACSR wire to Diversified during the monthsof August-December, 1977.

Joseph A. RaySWORN TO AND SUBSCRIBED before me this X»* *^ day of

January, 1982.

____Notary Public

My Commission Expires: •

May 10, 1982

6R201537- . - . - . . - - . - - - • • - - - - - - - _ - - . . . , . . _ . .

STAIE OF NORTH CAROLINA )' (red)

COUNTY OF MECKTSNBURG )

AFFIDAVIT

Joseph A. Ray, being i'irst duly sworn, deposes and says:

1. lhat Duke Power Ccttpany, 422 South Qiurch Street, Charlotte, NorthCarolina 28242 and Mill-Power Supply Company, 422 South Church Street,Charlotte, North Carolina 28242, both North Carolina corporations,disposed of insulated wire and cable scrap during the period January 1,1970 through December 31, 1975.

2. That John P. Holland was in charge of the disposition of insulatedwire and cable scrap during the period January 1, 1970 throughDecember 31, ISVi. His title during such period was Purchasing Agentfor Mill-Power Supply Ccnpany. Mr. Holland is now Manager,Retail for Duke Power Cotpany and resides at 2645 Rolling HillsDrive, Mcnroe, North Carolina.

3. That the gross weight in pounds of insulated copper wire and cablescrap disposed of annually by Duke Power Ccnpany during the periodJanuary 1, 1970 through December 31, 1975 was as follows:

a. 1970 - no record availableb. 1971 - no record availablec. 1972 - 509,891d. 1973 - 1,493,616e. 1974 - 1,346,493f. 1975 - 1,185,400

4. That the gross weight in pounds of insulated aluminum wire andcable scrap disposed of annually by Duke Power Ccttpany during theperiod January 1, 1970 through December 31, 1975 was as follows:

a. 1970 - no record availableb. 1971 - no record availableC. 1972 - 1,017,255d. 1973 - 3,671,493e. 1974 - 2,634,140f. 1975 - 1,847,200

5. That the quantity in pounds of insulated copper wire and cable scrapdisposed of annually by Duke Power Company to Diversified for eachyear during the period January 1, 1970 through December 31, 1975 wasas follows: •

a. 1970 - no record availableb. 1971 - no record availablec. 1972 - noned. 1973 - nonee. 1974 - nonef. 1975 - 20.r>,708

R\ r M \ Il y i H A L6. That the quantity in pounds of insulated aluminum wire and 6l scrap

disposed of annually by Duke Pcvrer Corpany to Diversified for eachyear during the period January 1, 1970 through December 31, 1975 wasas follows:

a. 1970 - no record availableb. 1971 - no record availablec. 1972 - 668,839d. 1973 - 1,361,677e. 1974 - 1,120,160f. 1975 - 383,143

7. That Duke Power Conpany processed no insulated copper wire and cablescrap internally during the period January 1, 1970 through December 31,1975.

8. That Duke Power Company processed no insulated aluminum wire and cablescrap internally during the period January 1, 1970 through December 31,1975.

9. Diat Duke Power Company processed no insulated copper wire and cable.scrap internally during the period January 1, 1970 through December 31,1975.

10. That Duke Power Company processed no insulated aluminum wire and cablescrap during the period January 1, 1970 through December 31, 1975.

11. That I am not familiar with the National Association of RecyclingIndustries, Inc.'s or Bell System's standard scrap classifications.

12. That Duke Power Conpany sells insulated wire and cable scrap bysoliciting bids for each lot only.

13. That Duke Power Corpany was not a consumer of copper chcppings duringthe period January 1, 1970 through December 31, 1975.

14. That Duke Power Ccnpany was not a consumer of aluminum choppings duringthe period January 1, 1970 through December 31, 1975.

•15. That companies acquiring scrap from Duke Power Corpany are required topay for the scrap by certified check, cashier's check or wire transferof funds prior to removing the scrap.

16. That Difce Power Ccnpany has not attempted to solicit an offer or bidfrom Diversified for the dispositicn of insulated copper'and cable scrap.

17. That Duke Power Conpany has not attempted to solicit an offer or bidfrcro Diversified for the dispositicn of'aluminum wire and cable scrap.

Joseph A. RaySWOI4I TO AND SUBSCRIBED before methis/?*0 day of January.1982.

<«S f-—t •Notary Public

Cannission Expires: May 10, 1982.

^ a sA ^ a ^ *- a-* *%fe-?S E2 E @? 5

A SUBSIDIARY OF DIVERSIFIED INDUSTRIES. INC.

1034 S. BRENTWOOD BLVD. SUITEI75O ST. LOUIS. MISSOURI 63 I I 7 314.862-82OO CABLE: DIMETCOTELEX: 044-856

July 9, 1980

Mr. F.M. WagstaffManager-PurchasesDuke Power CompanyP.O. Box 32307Charlotte, North Carolina 28201

Dear Mr. Wagstaff:

This letter shall serve as notice of Diversified Metals Corporation'sdesire to again be permitted to bid on all scrap offerings generatedby Duke Power Company.

As you know, in the past, Diversified Metals has been a successful,continued buyer of scrap through the power company and we wish tocontinue in that capacity and, again, be a competitive buyer of yourmaterial; thereby helping to increase revenues for your scrap.

Please contact the writer at the telephone number above concerningany questions you may have regarding the above-mentioned matter.

Trusting to hear from you soon, we remain

Very truly yours,

DIVERSIFIED METALS (KTRSORA.TION-NATIONAL DIV.A'SUBSIDIARY OF DIVERSIFIED INDUSTRIES, INC. .

Da'Director-Meta L Purcha

DHL:rd

Exhibit Two

v P * " -""-.! -.JL . X— » ...

IS

.,22 SOUTH CHURCH STREET. CHARLOTTE, N. C. 282iZ

JOSEPH A. RAYAdmini5tr*tor

a January 8, 1982TllM H-2346

For the purpose of response to the Cross Examination Questions, only theperiod of January 1, 1972 through December 31, 1975 can be reported fromhistorical record. No record is available for January 1, 1970 throughDecember 31, 1971.

1. Principal Place of Business:A. Duke Power Company (a North Carolina corporation)

422 South Church StreetCharlotte, NC 28242

B. Processing Center:Duke Power Company .ToJdville WarehouseToddville RoadCharlotte, NC

C. Subsidiary Corporation Disposing:Mill Power Supply Company (a North Carolina corporation)4^2 South Church StreetCharlotte, NC 28242

2. J. P. Holland from 1970 to 1976B. G. Jones from 1976 to May 11, 1977F. M. Wagstaff from May 11, 1977 to August 27, 1980J. A. Ray from August 27, 1980 to Date

3. January!, 1970 No Record Available1971 No Record Available1972 509,8911973 1,493,6161974 1,346,493

December 31, 1975' 1,185,400

4. January 1, 1970 No Record available1971 No Record available1972 1,017,2551973 3,671,4931974 2,634,140

December 31, 1975 1,847,200

AR20!5lfls EsafflSE ^ s * *.r'«:-j !«* i~-jA&a- 3fcff* « Hi.

January 8.PAGE

6„December 31

dethrougt,"»»

17. we ve not

JAR:ash

ORIGINAL

8..

"

Sa.es

08JBIH.UPLAINTIFF'S CROSSEXA.'-: IK AT I ON QUESTIONS , ,.

DEFJKITIOKS

For purposes of the Cross Examination Questions

herein contained, the words used herein shall have the same

meanings as previously defined in Defendants' Written Questions.

. CROSS EXAMINATION QUESTIONS

1. State' the nane, state of incorporation and address

of your principal place of business, and of each of your

subsidiary corporations which disposed of or processed insulated, \ __.

wire and cable scrap at any time during the period January 1,

1970 through December 31/1975.

2. Identity the person or persons in charge of

the disposition of insulated wire and cable scrap for you

and each of your subsidiaries for each year during the period

January 1, 1970 through December 31, 1975.

^ 3. State the gross weight in pounds of insulated copper

wire and cable scrap disposed of by you annually for each year

during the period January 1, 1970 through December 31, 1975.

•-X"' . State the gross weight in pounds of insulated alu-

minum wire and cable scrap disposed of by you annually for each

year during the period January 1, 1970 through- December 31, 1975.

^^- State the quantity in pounds of insulated copper

wire and cable scrap disposed of by you annually to Diversified

for each year curing the period January 1, 1970 through Decembtr

31 1.975.

/%. State the quantity in pounds of insulated alurainua

wire and cable scrap disposed of by you annually to Diversified

for each year curing the period January 1, 1970. through Decerisr

31, 1975.

AL/,-_ _i-v

7. State the quantity in pounds of insulated cc

*•) -3 i)

wire and cc.L__; _.---_. ..'-1-1. ysu processed internally annually for

each year during the period January 1, 1970 through December 31,

1975. / • '

/ 8. State the quantity in pounds of insulated aluminum

wire and cable scrap which you processed internally annually for

' each year during the period January 1, 1970 through December 31,

1975.

y.. State the method or methods by which you processed

the insulated copper wire and cable scrap, i.e. burning, chopping, •

chemical solvents, etc. for each year during the period January

1, 1970 th/ough December 31, 1975.

/10. State the method or methods by which you processed

the insulated aluminum wire and cable scrap, i.e. burning, chopping,

chemical solvents, etc. for each year during the period January

1, 1970 through December 31, 1975.

.Mil). Where in answer to any question propounded to you

on direct or cross examination you have provided testimony re-

garding "copper-base scrap" as defined, .describe said copper-

base scrap using, where possible, the standard classifications

for nonferrous scrap metals used and approved by the National

Association of Recycling Industries, Inc. in "NARI's Circular

NF-77", or the Bell System's standard scrap classifications where

appropr

12 State whether you sell insulated wire and cable

scrap pursuant to a written contract. If yes, state the term

of each such contract and the cancellation or termination provisions

of each such contract.

>. 13. If you are a consumer of copper choppings (also

known as nuggets or granules) , identify each person from whom

you acquired chcppings during the period January 1, 1970 through

6 ' ' '

facility or other pcint from which said person ships choppings,

and describe your use of said choppings.

| -AiL4. If you are a consumer of aluminum choppings (also

known as nuggets or granules), identify each person from whom

you acquired choppings during the period January 1, 1970 through

December 31, 1980, the location of said person's wire-processing

facility or other point from which said person ships choppings,

and describe your use of said choppings.. l er ffvjA

P jJJr \J I/IB. Describe the terms and conditions of any security

deposit, escrow agreement or other arrangement intended to protect

you against a failure of 'performance by any company which acquires

your scrap. *yi/J-va "

.A." 16. State with respect to each attempt by you to solicit

an offer or bid from Diversified for the disposition (by sales

or toll) of insulated copper and cable scrap, the terms and condi-

tions of your solicitation including, but not limited to, the

following:

1) Number of locations of the material offered and

approximate quantity in pounds at each location;

2) Number and/or type of trailers, bins, etc. if any

to be furnished by Diversified;

3) Frequency of pickup of scrap at each location; and

if pickup conditioned on notice, time between notice and pickup;

4) -Sortation services.

,AJQ 17. State with respect to each attempt by you to solicit

an offer or bid from Diversif ied.. for the disposition (by sales

or toll) of alu.T;ir.uri wire and cable scrap, the terms and conditions

of your solicitation including, but not limited to, the following:

1) irurier of locations of the material offered and

approximate quantity in pounds at each location;

AR2GI5I45

i.ni . i mi iBf -- -iTli

L2) NurJber and/or type of trailers, bins, etc. if an

to be furnished by Diversified;

3) Frequency of pickup- of scrap at each

and if pickup conditioned on notice, time between notice and

pickup;

4) Sortation services.

GUILFOIL SYMINGTONPETZALL & SHOEMAKE

etc. if any - g«* r.i i* 1 ft! IV IH H I 0 I N I"-""y 1% i ** •locatioi/ ed")

By n . ..0_. ..Dale R. Joerling ——100 North Broadway, Suite 2000St. Louis, Missouri 63102

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

• I hereby certify that a copy of the foregoing Plaintiff'sObjections to Direct Questions and Plaintiff's Cross ExaminationQuestions in Defendants' Depositions Upon Written Questions washand delivered this 17th day of December, 1981, to Coburn, Croft &Putzell, One 5ercantile Center, Suite 2900, St. Louis, Missouri63101.

UD~yIf.

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