Document 3Ma5ZLYkLnpVBNDMoyvRKN6D

FILE NAME: Early Asbestos Damage Suits (EADS) DATE: 1935-1936 DOC#: EADS027 DOCUMENT DESCRIPTION: Documents from Case of William Norwood AND AFTERWARDS TO-WITi On the 4th dy of April A. D. 1935 the said Defendant by Heth & Lister Its Attorneys filed in said Court its SPECIAL APPEARANCE, which said SPECIAL APPEARANCE is in the words and figures as follows, to-wit* TATE OF ILlINOIo COORTI OF LAKE ) ) SS ) IN TEE CIRCUIT COUNT OF LAKE COUNTY WILLIAM NORWOOD j ws ) No.54733 JOHNS MANVISLE Inc., a i corporation ) AUiUI We hereby enter the special appearance of JQfliS* MANVILLE, IliC., a corporation, and ourselves as its attorneys, for the sole purpose of having the^above entitled cause trans* ferred ana reaoved from the Circuit Court, of Luke County to the United States District Court for the northern District of Illinois, Eastern Division* t t c t b t U a - U f -----Attorneys for Defendant Endorsed: filed Apr* 4*35 L. J* Wilnot, Clerk tomirlii i. m - : .1 * `i &a* MM AND ON THE SAME DAY TO-WITi On the 23rd day of March A. D. 1935 the said Plaintiff by A. V. Smith his Attorney filed in said Court MOTION and AFFIDAVITS in support thereof, which said MOTION and AFFIDAVITS are in the words and figures as follows, to-wit SIATE OF ILLINOIS ss COUNT! OF LANE WILLIAM NORWOOD s JOHN3-MANVILLR Inc., a corporation IN THE CIRCUIT COURT OF LAKE COUNTY ) | No. 84732 ) Non comes A. V. Smith, Attorney for the plaintiff herein, and moves the court for leave to file said bill with out payment of advanced costs*, including cleric's and Sheriff's fees, on the grounds that the plaintiff herein is a poor person within the meaning of the statute. STATE OF ILLINOIS ) a ) ss COUNT! OF LAKE ) fclLLIAH NORWOOD IN THE CIRCUIT COURT Of LAKE COUNT! ) vs )No. JO HNS-LAN VILLE Inc*, a ) corporation ) STATE OF ILLINOIS ) )ss COUNTY OF LAKE ) A* V* Smith, being first duly sworn, deposes and says he is the attorney for the plaintiff in the above entitled cause and that he will not accept any fees for compensation for his services in this suit until all accrued costs due from the plaintiff have been paid,and that he will use his best efforts to see that the plaintiff carries out nis undertaking entered Into by him, to pay the costs herein from any sum which he may recover by compromise settlement or judgment* Subscribed and sworn to before 1935* (Notarial oeal) this ' ' M r oif illfr L A.D. ,, 4 , ' !|rj' * .* ' , ' l Mary L. fcevgant Mofcary Public bTATE OF ILLINOIS COUNTY OF LAKE WILLIAM NORWOOD IN THE CIRCUIT COURT OF La*F COUNTY ) vs | No. JOHNS-MANVILLE Inc., a ) corporation ) STATE OF ILLINOIS ) )S 8 COUNTY OF LAKE ) William Norwood, being first dal}; sworn, deposes and says he is the plaintiff in the above entitled cause and that he is a poor person within the meaning of the statute that he has a meritorious cause of action for damages resulting from contracting a lung desease from enhaling dust ana fumes while in the employ of said company; * that his pecuniary circumstances are such that he Is unable to pay the costs of suit; that he is out of work at the present time and is ; dependent for his subsistence upon such work as he may he able to gmt at different times, and upon charity; that his Income during the | last year immediately preceding the filing of this suit was practi- } cally nothing. That out of any moneys or properties received as a result j of compromise of uis demand or in satisfaction in whole or in part | of any judgment or decree in this oase, he hereby agrees that he will immediately upon receipt thereof, pay to the Clerk of the court the amount of all accrued costs due from him as said plaintiff, and J further affiant sayeth not. William Norwood--- but scribed and sworn to before me this 9th day of March, A.D. 1936. Mary L. lavaant--Notary Public (Notarial Heal) Endorsed Filed Mar. 3'25 W 1 1 mot, Clerk 3 'JA 'iiiuT. i 1 I < i J 1 5 f t r a n B a I William Norwood ) vs. ) Johns-Manville, Inc., a corpor- ) ation ) Gen. No. K f f UNITED STATES OF AMERICA. STATS 07 ILLINOIS ) IN CIRCUIT COURT LAKE COUNTY ) ' MARCH TERM A. D. 10 35. PLEAS before the Honorable RALPH J. DALY one of the Judges of the Seventeenth Judicial Circuit of the State of Illinois, and ole presiding Judge of the Circuit Court of Lake County, in the State aforesaid, and at a tern thereof begun and held at the Court House in the City of Waukegan, in aaid County on the Fourth day (being the first Monday) of March in the year of our Lord One Thousand Nine Hundred and Thirty-Five (A.D. 19 35 ) and of the Independence of the said United States the One Hundred and Flfty-alnth. PRESENT; Honorable RALPH J. BADY Judge of the Seven teenth Judicial Circuit of the J>tata ,oK Iiiln) a. L. J. WILMOT, Clerk , v % Charles E. Mason. State's Afctyrmey L. A. Doolittle Sheriff ATTEST: L. J. WILMOT, Clerk. ' BE IT REMEMBERED THAT HERETOFORE TO-WIT: On the 23rd dey of March A. D. 1935 Williaa Norwood Plaintiff by A. V. Smith his Attorney filed in said Court his COMPLAINT at LAW, upon which said Complaint Summons issued pursuant to the Statute which said Complaint and S o m o u i are in the words end figures as follows, to-witi STATE Or IiiLIHOIS / ee> - OOUHTY OF L A E '5 ; XV THE OXBOttZ* OOCKT OT LAZE UOUWTT :S WILLIAM HORWOOD, Plaintiff a. JOHHS-MAKVXLLE, Ino., a corporation, Defendant 3*733 1 if > s' OOMPLAIWT AT LAW The plaintiff for oause of notion against the defendant, states: 1*. That on and prior to the 15th day of March A. D. 193*. the defendant owned, possessed, epexated and controlled a oertain business, and as a part of said business, owned, operated, nanaged and -- trailed a oertain large factory and workshop ih the Wlty *f dMg|ei||iMtfe0ovntr of Lake and State of Xlllaoio, and is a#S factory and workshop, defendant was engaged in the operation of M S B * w Hsiilag shingle, roofing appearamft-othnrpwodoots; that in the manufacture of eald ahlaglee, roofing paper and other products, soap-stone, mica, diamond dust, tar and other arti d e a and ingredients the exact nature of whloh 1 un known to plaintiff, are used, and that in said process the use of eald soap-stone, mloa, dlamoivl dust, tar and other ingredients, oreates a duet, gases and f w e s whloh are thrown into and caused to pemeate in and about the air in the rooms of said factory where the said manufacturing pro cesses were carried on by the defendant. 2. And at said time and place referred to and for a long* time prior thereto, to-wit: since the year 19 2 7, the niaintiff was employed by the defendant as a laborer in the various parte of the defendants factory and workshop; that during said time and while plaintiff was employed by the defendant as a laborer, as aforesaid, plaintiff was exposed to the action of said fumes, gases and dusts referred to as aforesaid, and that the plaintiff did contlnuosly Inhale said fumes, gases and dusts referred io as aforesaid; that plain- tiff frequently had to sweep up the dust in the rooms where said process of making and manufacturing said shingles, roof ing and other products was carried on; and had to shovel up said dust in said rooms, and to remove same therefrom, and also nad to shovel said dust and remove same from a silo con nected with said factory and rooms and used in connection therewith, in the manufacture of shingles, roofing and other products, and in the process of so sweeping up and removing said dust, large quantities of noxious dust w e caused to be thrown off and to permeate thp air and ' atmecpfcer4e $$ thp' room or rooms and in said silo In which plaintiff was tl^n and, there required to work, and that he did continuously inhale the afore said duets and fumeB as aforesaid. 3. That said work and processes referred to aforesaid, were work and processes which might produce illness and diseases # peculiar to the work and processes so carried on, and the said work and processes subjected the employees of the defendant to the danger of illness and diseases, incident to such work and processes to which employees in other lines of employment are not ordinarily exposed, namely, to-wit; that the said work and processes of making shingles, roofing and other products as * -/Vv m i Slihfrir aforesaid, were lively to produce illness and diseases peculiar to the work ox processes so carried on, and the work,and processes so carried on subjected the employees of the defendant including the plaintiff, to the danger of illness and diseases incident to such work or processes to which employees in other llnee of em- , ployment are not ordinarily exposed to-wit; illness and diseases caused by the action of the aforesaid dangerous fumes gases and duets, as referred to aforesaid; that such diseases are known as to-wit; 8lderosi8, pneumonoconiosis, pulmonary tuberculosis and various other pulmonary and bronchial cpaplioatione* k. That at the said time and place there was la full force and effect in the State of Illinois, a certain Statute, reading in words ana figures as follows: *3e it enacted by the People of the State of Illinois, represented In the General Assembly; that every employer of labor in this State, engaged in carrying on any work or process which may produce any illness or disease peculiar to the work or processes carried on, or which subjects the employees to the danger of illness or disease incident to such vork or process, to which e m ployees are not ordinarily exposed JLh other lines of employment shall, for the protection of all employees engaged in such vork or process, adopt and provide reasonable and approved devisee, means or methods for the prevention of such Industrial or Occupational Diseases ae are Incident to such work, or process** p. Anu xt was and became the duty of the defendant to adopt reasonable and approved devices, M a n e or methods for the prevention of such industrial or occupational diseases as were incident to the work or processes carried on in defendant's factory, to-wit: for the prevention of slderosls, pneumonoconiosis, pulmonary tuberculosis and various other pulmonary and bronchial complications; yet, notwithstanding its duty in said regard, the defendant did on the said 1 5 th of March A D* 193^ and for a long * tirrie prior t h e r e t o * w r o n g f u l l y , willfully and unlawfully failed and neglected to adopt and maintain adequate, reasonable and a p p r o v e d devidee, means or methods for the prevention of such industrial or occupational diseases as are incident to such work or processes so carried on in said factory, and that the defend ant willfully violated, and failed to comply with the provisions of the statute referred to aforesaid, namely, the defendant will f u l l y and wrongfully and in violation of said statute, failed to adopt and orovide or maintain any adequate, reasonable and approved means for the removing of suoh duets, gases and femes and for the prevention of said industrial or occupational diseases incident to such work and processes carried on in said factory, to-wit: siceroeis, pneumonoconlosis, pulmonary tuberculosis and various other pulmonary and bronchial complications. 6 . Plaintiff states that there was in full force and effect in the S t a t e of Illinois a eoxtain Statute, reading t-* , , in words and figures as follows: "All factories, mercantile establishments, mills or workshops shall be topt free1'from pas or 'ef fluvia arising from any bower, drat*. privy or other nuisance on the pfbmldos ? i or noxious fumes or gases arising frbm any pro cess, and all dust of a character Injurious to the health of the persons employed which is created in the course of a manufacturing process, within such factory, mill or workshop, shall be removed, as far as pr&ctioable, by either ventilat ing or exhaust, devicea." and it was and became the duty of the defendant, by virtue of the terms of said Statute, to remove all the noxious and dangerous fumes and duets and gases arising from any of the processes car ried on in said factory, and to remove all dust of the character injurious to the health of the plaintiff so created in the pro cesses carried on in said factory, so far as practicable by to either ventilating or exhaust devices, but the defendant didaa the said d a y , to-wit: the l^th day of March, A* D. 19J4, and for a long time prior thereto, willfully violate the terms and pro v i s i o n s of said Statute, in failing to provide and maintain adequate ventilating or exhaust devices to remove as far as practicable the said injurious dusts, noxious fumes, gases, eto., referred to as aforesaid, and failed to provide any masks to protect the said plaintiff and others from the effect of aaid dusts. 7 * That as a direct consequence of the said breach of duty of the said defendant in so violating the Statute referred * - to aforesaid, plaintiff was exposed to the harmful and Injurious t ousts, fumes, gases, etc, while said plaintiff was in the exercise of due care and oautlon for hie own safety, so that as a direct consequence of the willful and wrongful violation of said 8tatute, by the said defendant, the plaintiff contracted a disease, to-wit; siderosls, pneumonoconioels, pulmonary tuberculosis, and various ether pulmonary and bronchial complications. , * ^ , , * * -f ...$ . e. That it mas apd became the ,deity of the defendant .. to adopt reasonable and approved devices, means oi methods for th# prevention of such Industrial or Occupational Diseases as were incident to the worJt or processes carried on in the defendant's factory, to-wit: for the prevention of siderosls* pnsumonoeonlosis, pulmonary tuberculosis, apd various other pulmonary and bronchial complications, yat notwithstanding its duty in said regard, the defendant did on the said day, the 1 5 th day of Uarch* A* D. 193* and for a long time prior thereto, wrongfully* willfully and unlaw fully fail and neglect to adopt, provide and maintain adequate, reasonable and approved deviees, means or methods for the prevention oi such work or process so oarried on in said factory or workshop,  in namely, to-wit: tna defendant willfully and wrongfully failed to furnish the said plaintiff with a mask or respirator so pre vent' the plaintiff from breathing the said dangerous dusts, fumes, gases, etc, and to prevent the Occupational Diseases referred to aforesaid. 9. That as a direct consequence of the said breach of duty of said defendant, plaintiff has become sick, sore, lame and disordered ana will so remain during his life, and has become grsatly emaciated, 1 1 l, and suffers great pain and is stricken with an incurable ailment, to-wit; siderosis, pneumonoooniosis, pulmonary tuberculosis, and various other pulmonary, and bronchial comolications and will bo remain during his life; that plaintiff has t>aid out and incurred the obligation to pay out divers large sums of money in endeavoring to be cured of said dieesee, and has lost and will hereafter lose divers great gaipe and profits; which he otherwise would have made, beoaus* ef aaid injury and v on account of said disease, and plaintiff ha* loat and 1 1 1 la tfce future lose divers great gains and profits a beoondng iucapacitated and unable to c abovit his dai^.^la^or. ^. .-* ^ Wherefore the oialntlff demand* Judgment against the defendant In the euzn of $2^,000.00 and oost* oi thl* auit. A. V. SMITH________ Attorney for Plaintiff 4 S. Genesee St. Waukegan, Illinois Kno:rred: rFi;cd Her. 2 3 , f35 *L. J ffilmot, Clt rk. v WILLIAM lOBWOOP Bt A..Y. aHITB ' Hi* Attar . u . f . t *> ** ' * " * iummrnm $ rr* -jr Illinois C'UNTT i m ) 1 n TV THF nipnijjf COURT 0? *? OOUSTT WILLIAM IOR-*0;'D, Plaint 1ff T8. JOHHS-WAHVILL" , IMC.. e corporation, Deiendant *. 3 ^ 5 H MIlUfil The petition Of J0HV8-MAVTIU* PICDUCTS P0RPO1UT1QV, *1 a corporation, defendant In the above entitled oeuae, roepoot- fully repreeente unto the Court. 1 . That the above entitled ealt le brought by the plaintiff, niLIAU VOR'tJCO, to reeover of the defendant M e e d therein the eua of Twenty Five fheueand (119,000) Dellare few alleged Injurlee in the nature of oeeupetlonel illneaeee ear dlseaeee to the plaintiff, end le wholly ef a elrll nature} that the eatter end anount la dlapute la eaid ealt exclusive of intoroet and ooata, the ana af Three <13,000) Collars, ell of feleh will ears Tally appear by the ooaplatat filed la eeld suit, whieh la hereby referred te aad aede e pert hereof; that there is a eomtroverny la eeld salt which le wholly between oitizene of different 8tates| that tbs defendant, JOKVE MAVTILUC PROBOOT GORPOIUTXQ, a eerperc tlon, Is e foreign oorporetloe, aad ana, at the tine ef the eonaenoeaent ef said suit, aad still le a eerporetlea duly ereated, end organised under end by virtue ef tbe leee ef the State of Psiaware; end wee then end still Is e eltleea ef the i. T-*;.(r-i State of Delaware} that WILLIAM RORWOOD, plaintiff, nee, at tie tiae of the oomweneeaent of this suit, and still la a Pities* and resident of the State of Illinois. I. That at the tine within whleh the said defendant is required by the laws of the state ef Illinois and the Mies and practice of this Court to answer er plead in said enit has not yet expired. 3. That the defendant wakes and files herewith a head In the m m of rive HUtDRlD (#500.00) DOLLARS with good and euffiolent surety for Its entering In the District Court of the United States for the northern District of Illinois, hastera Division, within thirty days fron the date of filing ef this petition, a certified copy of the record in this suit and for paying all eosts that nay bs awarded by said District Oourt if it shall bold tht this suit was wrongfully or l^reperly renewed thereto. W H E W O * * , defendant, J O H W VASTILUE MBU0T OORPORA* TICS, a corporation, prays that this Court proceed no farther herein ezoept to wake an order of renewal as required by lav and to aeeept the bond presented herewith and direct a traaaesipt ef the record herein to be wade for said Oietriet Oourt of the United States for ths Morthsrn District ef Illinois, Eastern Division, as provided by law. STATE Or ILLINOIS COUITT Of 0 0 0 I JOH* J. r t m , being first duly sworn, m i oath deposes end says that fee is a nether af the f1 of Metk A lister, and is one of tfes attorneys of w ort of and far the defendant, JOHIS-NAITllUC PRODOCft OORPOSATIOV, a esrpsretlon, in the above entitled cause, the petitioner nosed in tfes foregoing petition; that he has road tfes seas aaf hellstes tfes ease to toe true; and affiant further says that said petitioner is absent fron and is a non-resident ef the County ef inks, 8tats of Illinois, in wbiofe said suit is brought, and that there are no offiosrs of defendant within the State of Illi nois to sake this verification, and that affiant nahes this affidavit for the reason thatthe defendant and its offleers are absent froa and non-residents of the County af lake, ttPte of Illinois, In vhleh said suit is brought. _ jliLf-- Subsorlbed and sworn to before no ' (p <Jt LJtp * y tt*ATK car ILLXSOXS U COUTT OP L A K E zs n s cm ouxt 0009 o r u n otan f i O U A U Hcattoo), Plaintif* TB JOKSO-ilASVXUS Xa., e aaposntioa, nafaa&dOl * 3 ^ ? ua now aio. m r THKss m w T tf, fhc.t *. jota m m u i .m W CTfl OORFQRiTXOM, B N ip M tttM t B f M O , B ai BOTAI, ikhqxnitt co'akt, N n % , n o lu ta ad fia ijr o b o i b o i WIU.IAM sqriioqd, slalom*, ta Oha m a m of r m o u (V900.ro) OOLLAWi, U r t ili B B H f t Oh O li0*4 BObOBB, o 0 m ia To m H p ln la liff| h is w w lw , k O b U I ib IM> w aoo&gBB, OBB hiofc , eynrt a ll o d Oaruljr Ob Ob Ob, M aA m i O w , or BUBBBSBO UBI U H 10, lati? H I-- H f l ( H a r W MBO SraaanOa l'/JSUt <riUi cr.) Bla u t dato* Th* _________ _ A. U. 1035. ^ Uuf f fflOSlSM, th* .MO JQHS HASTZUS moSUOTB OOVOBATZOO. a oorpoz-.-tioa, has cpplit li* patttJM Ob Ob d i a l i O a si 0f usa OounOy, ziliaols. To Oh M a n i ot MrUl bobo thorath r*adlag, haMla -.lUX-Jl m m la jO a la U ff, ad JOOS SAKTSUB CORPORATI OC, PHODUCTu/ oorposutloa, ta OaTaatuBk. 0 Oha Bis0MO OaorO of Oha UnlOoA t e t a <a 0ha OlTlslon, for further prooaodingn os gm l is n U ptHtlM sat forth, and that all further proceeding it tU M t t is old Circuit Oovurt of Uko county ho stayed. 10, nowwrong, if ho ! jans-iiAsnu<s raosooti corporatxoi, m MTponilM, tkiU a t n ti the U atriot tMrl f the Waited state for the Sorthem Cietrlot of IUiti( tastora Division, lthia thirty days froa Ike Sat# of filial aid petition, a oertifiod eopy * the fiiwi la aid tit and shall oil and truly pay, or eauao to ho paid, all OOOtO that aay ho aoardod therela hy aid Slotriot Court of the United State, if oald Court shall hold that aid eult so wrongfully or lapropeAy resowed thereto, thea this ohlif*> tion shall bo void, othorvioo it ehall roasts is <til tmmm and virtue. ROYAL HI n eorpo BY 5?2t, tt n m n , A S if/ ledi^-- i^L,J t STATE OE EEW YORK ) ) EB COUHTY or SET YORKQ) Bifora J &jjuu a lata? Publio tu idvftr M m b W M tot ai ptmuUi apppa*a*rrad* ____^23>(^a Z ^ , \A~tjAnAa m Itili u/*^UuiaA jf j o o l A i m u rRoxxm oosromrios* * eetpoMiloB, and In aad M n <kat*M|t M Sa a eutcd he fengolug Inlnutt aa hit ftN aad aslaslaiy aa auah offloar ot aaid aaapasatlaa, M d aa tha fra# tad lary al of aaid corporation, o z m uunnddar agr tesi aad salariai aa4 Ma *r __-_lj Jbni U a. o. 1535. ^^itKUL{ (LuXXt.t 7 * : \ fra* "L.J . I, 1- . Cle rk . '' :r r a* ' -l\ tl*e ,Jay of M^y A.D. 19:5 leing ],J ""r " - -"i-d Cu t tre followiot fafflong other t n ^ i e d cf record Ln s_id Court, to-wit: o ikia Or HiiiIMOIil ) CCUOTT 9*-fc K K w-rnr tfZLLXAM SQRWOOD, Pl&Lntlff 3i7 33 TB. JQIIHo- IITSIu ;, Ino-, a Miptntloa, Daftadul 3? - U 1 I Thia oauaa ocnIi i a* (ai hM iiai i m tte p a ttu ii utd te si f t t i ia fa d is l iuM la fr u i t t u tn M ltfv U | thla o&uaa ta thi Uniti Stati o&atriat Oawrt far tha la tti m oiatriet f m in la, M atan M rliloa, u l t appaiata t i tha Court tin i tha dfandnt Hai fila ita patltiaa f t i anali m * ani la dua fo n af loav u that tha etm ani tea fila ita hond, duly oondltionad, ith p a i ad aufflatead ansati aa piattdai hgr l u , u t tei afaadut tea girai p lalattff tea nd lagai natica tharaaf; u d l t ip p w fg ta tha i n v i that m a la a p n p n sansa fan m a n i ta a t t i M striet Orasti zt xa, nmaaroRi, omagga, amudqkd aa marna that id pitition nd band :*re tuitjr aoiptad and that thla aaaaa be ad lt La hiXiby naand ta tha Unita tata Mataiat Court far tha Korthera oiatriot af minala. Matan Maiala*, u d tha Clark is haratg diruta te aaka tp tha aaaaa Ih ani o&uu for truiaulaalom ta aaid Oaaat farthntth State of Illinois Lake County I, L. J. VIIK09, Clerk of the Ciroult Court In and for said County in the State aforesaid, and keeper of the Reeords and Seal thereof. D o Hereby Certify the foregoing to be a true, perfeet and complete T R U 6CSIFT of the Files end Reeords of ay Office of a certain Cassa lately pending in said Court on the Coaaon Lav Side thereof wherein William Horwood was Plaintiff and Johns-Kanville Inc., a Corporation was Defendant, Cenerai Ho, 34733 IH TESTIMONY WHEREOF I have hereunto set ay hand and affixed the Seal of said Court, at my office In Vaukegan, In said County this 20th day of__ Wig---------A. D. 193j___ . Clerk. UIITXO 8TATI8 OT AMKRIOA 8tATS Or ILLIVOIM WILLIAM lORWOOO J0H1S-1UJVILIJC, n o ., a corporation. il i'. A./ MQfioi >o pismis - ? e* aose* JOHat~MOTILUI MQBOO** OOBPO*TXi*, * corporation, by Hatb A Listar, ita attoxaaya, aad t m tba ` Court tbat tba ubera eatitlad eausa ba diaaiaeed, aad aa (Monda far aad aotion, dafaadaat aboea sta tba Qoart tbat tba folloelng particolare* je 1. fhat daatiaa 1 af sali Oocnpatieael Biaaaaaa Aat and Saotloaa 12 and 13 of tba Bealtb, (afaty aad Ooafart Aot ef tba Stata af Illiaoia ara ia rlolatlea of tba Vaortaaotb Aaeadaast te tba donatitutlea af tba Waltad Statue aad Seotioa 2 ef Artlela il aad Artiala III af tba Osaatit tiea of tba Stata ef Illiaoia* WHKHKfOBS, dafaadaat, Jp-- -MIWflLUI rBOWS OOBPOBATIOS, a corporatloa, aeraa tbat plaiatlff* aetiaa aay ba disalaaad aa te it; tbat plaiatlff tata aetbiai bp bla ault, aad tbat tbla dafaadaat ga baaaa fdthaot day* *ffaLi STATI or XLLXIOX8) j M. OOUITT or 0 0 0 I) . . JOHS j. riva do hT**tomff that h* i o x of thi attoxaojr of >oo*d for fo (ifnttat, VAITILUE PBOSOOft OOBPOtTIO*, ooiporatloa} that i a U # optalo* ho fongolag sotto lo all faS>d la polvi wt I n ad that lt la aot latozpoood fa Uhpaapoaa f |*Ur* Z i if 7/ F * r> J* ? * * . ,`^ Y V V " " - ` " J*" - . - - - "'( "' y ; , , ^ ": - -/ 1 .. / \ rt` i f * ; ' . . `_f ' ^*7. ' ! "/M'o-.i''' ' -'s' h "i '. V . - xis**l:"* A. '.. *'' ,.7.5/-:; ^ -.vi~ - V . *.r .. , -.. , .!....fi ' t >-.r y.* -;^ # '* .^ v , : 7 ' W ; ;; ' > . . W * >'*?.; * " : v * : '? * > A" UHITED 8ATIS OF MIRICA a. STATI OF ILLIIOIS II THI DISTRICT COURT OF THE UVITKD 8 T ATM lORTHXn DI8TRI0T OF XLLHOXI IASTIRI DI?ISIOI WILLIAM IOKVOOO e. JOBIS-MAinriLLI, IVO. i s,ii>m- r i . i ' . a TO: A. V. 8mlth Waukegan, Illinois FLIA8I TAU lotici Thtf w bava filed la th office of the Clerk of the United States District Coart, for tbs Kortbarn Dletriot of liliaale, Saetera Divi^M a Meaoreadua of pointe and Authorities, la eugpsrt of defendant's notion to dieaiss, oopp of hieb is attached. i lltorneya fwr Bef^feif: it ! i Fi ft 8TATI Of IILIIOI8) oo i w or o e o k I ** 7L0REI0S SCOTT, baing flxat duly p n n , on oath depoaaa u d aaya that ah ls aa aaployaa of th# la* fira of Hath A Llatar, attoxnaya for dafandant in tha abova antitlad eauae; that aha oantad a eepy of tha foragolng notloa, togatber wlth eopy of Maaornndua of Polsta and Authoritlaa o b Dafoadaat'a Mottos to Dianlaa, to ha aarvad upon tha following by dapoaitlag A oopy theraof 1b tha Unitad Btataa Mall la tha aall hat ia tha Obo La Salla Building, at 1 lorlh La Salla Straat, CMaagg, Illiaoia, poataga prapald, at ha hour of o Tfl o'olook, (r. M . , ea iuly is a& asrelopa addraataaad aa follaaat 1935 ' Mx. A. T. Matth Vaukagaa Illinola Subacribad and aworn to b*foxa aa thia M i i w of Joly, 1935 SotaiQPublic. . W M lr t m * 4 AT... O'CLOCK-vV. fRE(*>! Cut* law o m e n [ Hkth a UlSTKR - P . ''Bwnr< cm mnvth la CM*tm m r *"-J - QHICAO if n t m m M m Z ;i / ; ' '-'V- ^ mm UNITED STATES OF AMERIOA B8 8TATE OF ILLINOIS IN THE DISTRICT COURT OF THE UNITED STATI8 NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WILLIAU NOR .OOD -V3- JCHN3-*-AN'rILLE, INC., a corporation. lo. **7* nim TO: A. V. SMITH WAUKEGAN, ILLINOIS PAUL DOOLEN 4 SOUTH SEMESIE STREET mA UEEGAN, ILLINOIS * PLEASE TAKE NOTICE that on Monday, June 8 , A. D. 193b, at the Lour of 10:00 A. M . , shall appear before His Honor JUDGE JOHN P. BARKIS, in the oourtrooa usually occupied by him in the Federal Building, Chicago, Illinois, and then and there move t i t the motion heretofore filed tc dismiss tbs above- entitled cause be granted, at which time and place you may be present, if you see fit. Attorneys for Johna-Manrllle" Products Corporation, a corporation STATE O r ILLIE0I8 COUliTY OF 0 0 0 K FLORENCE SCOT?, being first duly sworn, on oath deposes and says that she is an employee of the law flra of Beth & Lister, attorneys for the defendant in the above-entitled cause; that she caused a copy of the foregoing notice to be served upon the following by depositing a oopy thereof In the United 8tates Ball, in the nail chute in the One LaSalle Street Building, at 1 lorth LaSalle Street, Chicago, Illinois, postage prepaid, at the hour of A.ytp o'clock, ?. M . , on June 3 193, 1* an envelope addressed as follow to* Mr. A. V- Snltfa Waukegan, Illinois and to Mr. Paul Doolen b South Genesee Street Waukegan, Illinois Subscribed arti. sworn to before ns this 3rd day of June, A. 0. 193& siSHSS .'-vt -r*r fr' V ` Endorseds "TATE OF ILLM OIo) "COUNT! Of- LAKE ) " have auly servea tne within nameo vohos-Manviale "nc., a corporation by reaaing the same to Edwara J. Hampsan, "Personnel Officer of the within named obns-Manviale ine*, a "corporation, ana at the same time delivered to the said award "J. Hampton, Personnel Officer of the within nanna *ohns Banville "Inc*, a corporation, a true copy tuereof this th aay of March, "1025. Ahe President, Vice ^resident, secretary or treasurer of the "within named Johns-M&nvi.ie Inc. a .-oresration* not found in "County, this L8th aay o7 March, &Zi. " Lawrence A. Loolittle, sheriff " B> o. M. Christian, beputy." U i lO ?0; *11h 1 AHD OK THE SAKE DAT TO-WITj On the 23rd day of March A. D. 1935 the said Plaintiff by A. T. Salth bis Attorney filed In said Court MOTIOB and AFFIDAVITS in support thereof, which said MQTIOK and AFFIDAVITS are In the words and figures as follows, to-wlt* t / N. - ST.-TB OF . > c ... / ' COOUTx OF LAKE ) IK THE C1HC0IT M LLlAU NORWOOD 7 VS ) ) )i Ko. 54752 JOmj^LANVlLLh Inc., a J corporation ) * A M & Xlflft How comes A. V* timith, Attorney for the plaintiff herein, and moves the court for leave to file said bill with out payment of advanced costa*, including cleric*a and Sheriff1a fees, on the grounds that the plaintiff herein is a poor STATE OF ILLINOIS COUNT! OF U K B 1ILLIAM NORWOOD HI THE CIRCUIT COURT Of XAKE COUNT* vs No JOHNd-kANVILLE Inc.# a corporation ) STATE OF ILLINOIS ) )ss COUNT! OF LAKE ) A* V. Smith, being First duly worn, deposes and says he is the attorney for the plaintiff in the above entitled cause and that he will not accept any fees for compensation for his services in this suit until all accrued cost^ due fro* t-*: plaintiff he^e seen paid,* ad that he will use his best efforts to see that the plaintiff carries out nis undertaking entered into by him to pay the costs herein from any sum which ha may recover by compromise, settlement or judgment. rch# A.D. f (Notarial deal) TATE OF ILLINOIS ) )ss COUNTY OF LAKE ) IN THE CIRCUIT COURT OF WILLIAM NORWOOD vs JOHNS-MANVILLE I n c . , a c o rp o ra tio n )\ Bo. J ;j ) COUHTY STATE OF ILLINOIS ) ) SS COUNTY OF LAKE ) W illia m Norwood, b e in g first d u ly sworn, deposes and s a y s he I s th e p l a i n t i f f in th e a b o v e e n t i t l e d c a u s e and that he i s a poor p e rso n w lt n ln the a to n in g o f the s t a t u t e ; that he has a meritorious c a u s e o f a c t io n f o r carnages resulting from contracting a lung aesease from e n h a lin g d u s t ana fum es w h ile in the employ of said company; t h a t h i s p e c u n ia r y c ir c u m s t a n c e s are such that he Is unable to pay th e c ^ s t s o f s u i t ; t h a t he i s o u t of work at the present time and la c e p e n d e n t f o r h i s s u b s i s t e n c e upon such work as he may be able to g * a t D i f f e r e n t t im e s , and upon charity; that bl3 Income during the l a s t y e a r im m e d ia te ly p r e c e d in g the filing of this suit was practi c a lly nothing, lhat out of any moneys or properties received as a result of compromise of nis demand or in satisfaction in whole or In part of any judgment or decree In this case, he hereby agrees that he will Immediately upon receipt thereof, pay to the Clerk of the court the amount of all accrued costs due from him as said plaintiff, and further affiant sayeth not. 11111am Norwood___ Subscribed and sworn to before me this 9th day of larch, A.D. 19S5* Mary L. ftevaant lotary Public (Notarial deal) Endorsed Filed Mar 325 L. J. Wilmot, Clerk 2. "Vi AJJP ON THL SAME DAY, to-wlt: On the 23rd day of larch A.P. 1935 b e in g one o f th e d ays o f said term of said. Court the following among o t h e r p r o c e e d in g s w ere had and entered o f record in said Court, to -w it: t 'J ' : WILLIAM NOKWOOL 34733 vs Johns nanvilll nc. a corporation Sl&k I B 4 i )" ibis matter having cose on to.be, heard upon the affidavit of William Norwood that he is a poor person* and the affidavit of A. V* Smith* tils solicitor* ana the court being fully advised in the matter* It is orcered* adjudged and decreed that the said William Norwood be allowed to cossence his above entitled suit without pacing the advanced costs of filing same* and the sheriff*s fees for service of summons therein* ST/fZ or XLUIOIS) county or uua } ) SS TM OXBOUXT OOURT OT USB 0001TT VILUAK SRtOCD, pldtotifi. w. JOHfcS--SAHV1|b, INC., a corporation, Defendant. I. j *t w IQTICI loi a . t. ;.^itb nuktgaa, Illinois . p l ?aj* r*t botic* That on AtJAx^i^x/ bn 4 tL day of ay , A. D. 152?, et tao neat of /[ f T a a A.V., or it soon thereafter eounsel an be hadra,' e# Ball nr) r before bis Honor, Judge Ralph J, Oady, la the rooa la the County Sulldlng at Waukegan, usually oeoupltd by hia as a Oourt Ro o d , or in his absence before suok other Judge as aay be sitting in his stead, and shall then and there sees the Oourt to enter an order renewing the abowe entitled senes to the oistriot Court of tbe United States for the Bortheta Blstrlet of Illinois, Sastem Division, and la support of sash notion shall present a petition and bead, as per ssfles attached here to, at blob tlao and place you nay appear if yon so ate fit. Received a cony of the `foregoing notice, together with copies of petition, oona end order this _ day of ______ , 1935# be f o r e k P.lia A ttorneys fo r P la in t iff. STTK or II1LIIOI8 ) COOTT or c o 0 I ) ,, r 5 t t . n s fSxSi r a r s n - j T i . kr. A. *. flKlfc >!!i IXlil L ' . ^ . -ma * V * r ^ ** * ' / V l ^ f r ,----',--*----- >4~^r '* -; *~S-' - >j? ' f *V - - ' STATE OP ILLINOIS ) ) ee COUNTY OF L A K E ) I, SALLY D. COFFELT, Clerk of the Circuit Court of the NINETEENTH JUDICIAL CIRCUIT, LAKE COUNTY, in and for the State of Illinois, and the keeper of the records, files and seals thereof, do hereby certify the above and foregoing to be a true, perfect and complete copy of a certain ______ORDER___________________ ____________ ___________________ , General Number _____ 34733________ filed in my office on ____ March 23rd_______________ __________ 19^g in a certain cause lately pending in said Court, wherein WILLIAM NORWOOD_______________________________________ Plaintiff and JOHNS-MANVILLE INC.___________________________________ Defendant. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the seal of said Court, at Waukegan, Illinois Certified Copy from Circuit Court of THE NINETEENTH JUDICIAL CIRCUIT, Lake County, Illinois <"oaio^wiiii-- liBM ia H-Ot opt ii-- 'apprit.) .'wo.it", lBIORAHDU* Or POXHT8 AHO A0T9DBIY1M 08 O EFM O m MOTI01 10 PIHH8>-........ S octloa 1 of tito OooupMloool Dl# ood fl#otlon# 12 and 13 of ih# b t l t t , Sofotjr floafoot M of Olt. tta M oto o f X llia o lo oa S> ' s *> u t i *. U ttO h O W M rfil M l 08*r opxouo Court of Xlliaolo H. 8M9t> i, r. Vooorro t . Xlliaolo Dtool 0o., 8u p r # M Court of Xlliaolo Io. M S I Doohulsra . fho a p o M 8 TuylarOo. SqpriM Court Of. Xlliaolo Bo. w * * UlSSeF *T n^ 1 ; M M V Endorsed: "TATE OF ILLINQloJ / L>S "COUNTY OF LAKE ) " h a ve a u ly s e r v e a tn e w i t h i n namea ohns-Manville " i n c . , a c o r p o r a t i o n by r e a d i n g t h e s a w t o Edwara J* Hampsan, " P e r s o n n e l O f f i c e r o f th e w i t t i n named Johns-M &n villa I n c * , a " c o r p o r a t i o n , an a a t t h e same tim e d e l i v e r e d t o the said hdward "J* Hampsan, p e r s o n n e l O f f i c e r o f th e w it h in nanna Johns Manviile " I n c * , a c o r p o r a t i o n , u t r u e copy t n e r e o f t h i s ' 8th day of larch, " 1925. Ahe P r e s i d e n t , V i c e ^ r e s i d e n t , s e c r e t a r } o r I r e a s u r e r of the " w i t h i n named J o h n s - M a n v ix le I n c * , a c o r p o r a t i o n , n o t found in my "CoL*nt> , t h i s L th a ay o f M arch , 1925* " Lawrence A* tool it tie, oheriff " By o. M. Christian, Leputy." United States District Court, Northern District o f Illinois Hand this memorandum to the Clerk. Counsel will not rse to address the Court until motion has be called. State of Illinois Lake County I, L. 3. WILMOT, Clerk of the Circuit Court in and for said County in the slate aforesaid, and ' keeper of the Records and Seal thereof. Do Hereby Certify O ; . the foregoing to be a true, perfeot and coaplete TRANSCRIPT if * ' " * ' of the Files and Records of my Office of a certain Cause <"-C ': * lately pending in said Court on the Common Lav Side thereof li 'f^ * wherein William Horwood war Plaintiff and Johna-Menville I ? Ino,, a Corporation was Defendant General Vo. 34733 I-** IV TESTIMONY VHERXOF I have hereunto set ay hand and affixed the Seal of said Court, at ay office in Waukegan, in said County this 20th day of May--------- A. D. 193.1 Clerk