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Webb Wheel Products

12/30/2004

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"Q: That was the second day after you returned to work?


"A: Yes, sir.


"Q: I would like to go back to Defendant's Exhibit 1A. This is the sheet that was filled out when Phillip Hill took you up to the office, right?


"A: Yes, sir.


"Q: That's your signature?


"A: Yes, sir.


"Q: That's the date?


"A: Yes, sir.


"Q: And it says Josh was laid off due to lack of work. He made the statement to me that he expected to be laid off the day he came back. Signed, Phillip Hill. The same day?


"A: Yes.


"Q: That was there when you signed it, wasn't it?


"A: I don't know if it was or not.


"Q: You don't remember it?


"A: No, sir.


"Q: Do you recall giving a deposition in this case, Mr. Hanvey?


"A: Yes, sir.


"Q: I was there asking you questions?


"A: Yes, sir.


"Q: And your lawyer was there?


"A: Yes, sir.


"Q: Do you recall me asking you in that deposition whether Phillip Hill's comments were written on that form that you signed?


"A: Yes, sir.


"Q: Do you recall what you told me at that time?


"A: No, sir.


"Q: If you would, let's go to page 185. We just finished talking about what you said Phil said. I said question: You said you were going to be let go because of your back? Read your answer, please, sir?


"A: Yes.


"Q: All right, did he say--use the words layoff at any time?


"A: No.


"Q: Did you ask him why layoff was checked on here on Defendant's Exhibit 2?


"A: No.


"Q: Okay, but it was checked off when you signed it, wasn't it?


"A: I don't remember.


"Q: You don't remember?


"A: I don't remember.


"Q: Continue please.


"A: I remember him filling out this part and just right here.


"Q: And there's an interjection by your lawyer every time about the address and Social Security number at the top, right?


"A: Yes, sir.


"Q: You said, the witness, that would be you.


"A: The hire day, termination date. I remember that being on there and this comment that he put down here, I remember that.


"Q: This comment that he put down here, Josh was laid off due to lack of work. He made the statement to me that he expected to be laid off the day he came back. Isn't that what we are talking about?


"A: Yes.


"Q: And I said okay. And you said?


"A: None of this stuff I remember.


"Q: This stuff would be Dan Allen's comments; is that right? I didn't ask you that, I'm asking what you were referring to when you said none of this stuff.


"A: I don't know.


"Q: Question: Okay, you don't remember whether or not the layoff section was checked or not?


"A: No.


"Q: Okay, it could have been, might not have been?


"A: I don't know.


"Q: Let's go to page 187. And my question was: Okay, when you signed it his comment was written here already? What was your answer?


"A: Yes.


"Q: All right, would you read his comment for me? And what was your answer?


"A: Joshua was laid off due to lack of work. He made the statement to me that he expected to be laid off the day he came back.


"Q: Okay. So then that was on there when you signed it?


"A: Yes.


"Q: It says you were laid off due to lack

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