0001
 1      IN THE UNITED STATES DISTRICT COURT
     FOR THE EASTERN DISTRICT OF PENNSYLVANIA
 2                      -  -  -
     HIGH CONCRETE STRUCTURES,:   CIVIL ACTION
 3   INC.                     :
     Plaintiff/Counterclaim   :
 4   Defendant,               :
                              :
 5          V.                :
                              :
 6   NEW ENTERPRISE STONE     :
     AND LIME CO., INC., and  :
 7   ROBBINS MOTOR            :
     TRANSPORTATION, INC.,    :
 8   Defendants/Counterclaim  :
     Plaintiffs.              :  NO.  02 CV 86
 9   
10   
11                   -  -  -
12                  December 16, 2002
13                      -  -  -
14   
                  Oral deposition of DAVID F.
15   TOLER, P.E., held in the offices of
     Pepper Hamilton, LLP, 3000 Two Logan
16   Square, 18th and Arch Streets,
     Philadelphia, Pennsylvania 19103-2799
17   commencing at 9:30 a.m., on the above
     date, before Joseph Calavetta, a
18   Federally-Approved Registered
     Professional Reporter and a Commissioner
19   of the Commonwealth of Pennsylvania.
                       -  -  -
20   
21          ESQUIRE DEPOSITION SERVICES
           1880 John F. Kennedy Boulevard
22                   15th Floor
          Philadelphia, Pennsylvania 19103
23                 (215) 988-9191
24   
0002
 1   A P P E A R A N C E S :
 2          CAESAR, RIVISE, BERNSTEIN,
            COHEN & POKOTILOW, LTD.
 3          BY: BRUCE J. CHASAN, ESQUIRE
            12th Floor
 4          Seven Penn Center
            1635 Market Street
 5          Philadelphia, PA 19103-2212
            (215) 567-2010
 6          Counsel for the Plaintiff
 7          PEPPER HAMILTON, LLP
            BY: ERIK N. VIDELOCK, ESQUIRE
 8          3000 Two Logan Square
            18th and Arch Streets
 9          Philadelphia, PA 19103-2799
            (215) 981-4000
10          Counsel for the Defendants,
            New Enterprise Stone and Lime Co.,
11          Inc. and Robbins Motor
            Transportation, Inc.
12                 -  -  -
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0003
 1   
 2                    I N D E X
 3                    - - -
 4   
 5   Testimony of:  DAVID F. TOLER, P.C.
 6   
 7         By Mr. Videlock             5
 8   
 9                   - - -
10                 E X H I B I T S
11                    - - -
12   EXHIBIT NO.   DESCRIPTION   PAGE MARKED
13   Exhibit 91   Documents            7
14   Exhibit 92   Calculations         7
15   Exhibit 93   Report dated         98
16                11/8/02
17   Exhibit 94   Photographs          108
18   Exhibit 95   Photographs          108
19   Exhibit 96   Diagrams             163
20   
21          EXHIBITS REFERRED TO
22   Exhibit 37   File history   Page 81
23   Exhibit 38   File history   Page 84
24   Exhibit 39   File history   Page 87
0004
 1            DEPOSITION SUPPORT INDEX
 2   
 3   Direction To Witness Not To Answer
 4   Page  Line   Page  Line
 5   57     5     58       24
 6   
 7   
 8   Request For Production of Documents
 9   Page  Line   Page  Line
10   40     7
11   
12   
13   Stipulations
14   Page  Line   Page  Line
15   5   2-9
16   
17   Questions Marked
18   Page  Line  Page  Line
19   None
20   
21   
22   
23   
24   
0005
 1                          - - -
 2                (It is hereby stipulated and
 3          agreed by and among counsel that
 4          the sealing, filing and
 5          certification are waived; and that
 6          all objections, except as to the
 7          form of the question, are reserved
 8          to the time of trial.)
 9                          - - -
10                DAVID TOLER, P.E., after
11          having first been duly sworn, was
12          examined and testified as follows:
13                        - - -
14                     EXAMINATION
15                        - - -
16   BY MR. VIDELOCK:
17          Q.    Good morning.
18          A.    Good morning.
19          Q.    My name is Erik Videlock and
20   I represent New Enterprise Stone and Lime
21   Company and Robbins Motor Transportation
22   in this litigation.  I take it you have
23   had your deposition taken before?
24          A.    Yes.
0006
 1          Q.    Just to go over the ground
 2   rules.  If at any time you don't
 3   understand my question please let me know
 4   and I will try to rephrase it and make
 5   myself clear.  If at any time you need a
 6   break let me know and we can take a
 7   break.  You need to answer orally and not
 8   with a nod of the head so the court
 9   reporter can take down your answers.
10   Okay?
11          A.    All right.
12          Q.    Would you state your date of
13   birth and your residence address, please?
14          A.    August 8, 1950.  My address
15   is 1257 Fire