Document 5D0Ekz1z2kw4E4vrvg4OK32O4

STATE OF SOUTH CAROLINA COUNTY OF HAMPTON ) ) AFFIDAVIT ) I PLAINTIFF'S iSaHttf. Hj, - * ', O * \ % I ... WR0-308 Personally appeared before me Anne McGinness Kearse who being duly sworn, deposes and says: - l. That I am a paralegal in the law firm of Speights & Runyan, 304 Lee Avenue, Hampton, South Carolina. 2. 1984. That I have been employed with this firm since July of 3. That in June of 1985*--I met with Mr. Richard Levine of the Commonwealth of Massachusetts, Division of Occupational Hygiene in West Newton, Massachusetts. 4. That I reviewed and copied files from the Division of Occupational Hygiene and that I stamped the copied documents with a stamp provided to me by Mr. Levine. 5. That Mr. Levine provided me with the attached affidavit to authenticate the documents I copied from his files. 6. That the following documents were among those I copied and stamped from a file labeled "Dewey and Almy Chemical Company, 235 Harvey Street, Cambridge." a. Letter from Manfred Bowditch to Anthony J. Lanza, M.D., dated 12/10/37. b. Letter from Leroy U. Gardner, M. D. to Manfred Bowditch, dated 12/14/37. c. Letter from Manfred Bowditch to Bradley Dewey, dated 2/19/38. d. Letter from Bradley Dewey to Manfred Bowditch, dated 2/23/38. e. Letter from Manfred Bowditch to Bradley Dewey, dated 3/4/38. f. Letter from Manfred Bowditch to Leroy U. Gardner, dated 3/4/38. g* Letter from Leroy U. Gardner to Manfred Bowditch, dated 3/22/38. h. Letter from Manfred Bowditch to Bradley Dewey, date 3/24/38. i. Letter from Bradley Dewey to Manfred Bowditch, dated 3/28/38. j. Letter from Bradley Dewey to Manfred Bowditch, dated 11/8/39. 7. That copies of the documents listed in number 6 are attached and are an exact duplicate of my original stamped copies. ANNE McGINNESS KEARSE SWORN TO before me this '25th . day .pf September, 1990 i ?> > i (L.S.) .Notary Public for South Carolina ion Expires: /-A- /-c; H ^ ;j *** ** Leonard 0. Pagnotttf, C.I.H. Director 1001 '7Uae*6ocon x/brvet Veiofo-n 0215 AFFIDAVIT June 17, 1985 I, Richard Levine, Assistant Director of the Division of Occupational Hygiene do make this oath that: The attached documents bearing the stamp: The Commonwealth of Massachusetts Division of Occupational Hygiene 1001 Watertown Street W. Newton, MA 02165 were located in the files of the Division of Occupational Hygiene located at the address noted above. Notary: ANNE M. ROSENttLOOM notary public My Commission Expires May 9, 1991 December 10* 1987 Anthony J Lansa* MD* Assistant Modical Director Metropolitan Life Insurance Company 1 Madison Avenue ----- Hew Zorx. Hew Xork Dear Tonyt Thank you for your note of December 8th* I find that we aleo bare a- copy of Solvent** by Durrans aua* Judging froa it* veil thumbed appearancej it ia a useful tone* Xou will recall that ve have a Dust and Fuae Code Comaittee vhiah ie-engeged in setting up murinaui allowable concentrations for dusts and fuses* As to silica dust* ve are planning to folios the reooanendations of your Medical Committee of the Motional Silicosis Conference and onr figures on the various industrial fuses are those vfaich X choved you the other, day* ' While asbestos is at present no very important factor in Mas* eachusetts industry* X feel that ve should nevertheless set up soaa sort of a figure for it and X would be very grateful If you would be willing to give as your advioe on this* Xou eiU no doubt feel that this is just vhat you dan*t vent to dot but X hope that you sill be a good guy never* tbelesa end give as at least vhat you regard as a "best guess** X had quite a talk today with Bradley Deny* president of the Deny & A2jqr Chnl oal Company* who formerly owned the Multibestos Company* the concern about whose former eaployeee Dr* Bane has recently so eloquently written* X Mentioned to bin Boy Gardner*a opinion that aabestosis ia not progressive and vaa quite surprised to have hio take pretty definite issue with this* Be gave it as hie opinion that the four principal types of asbestos* Canadian* Suasion* Bbodeaian and African* varied narkedly in their pulaonary effect and he thought that the results of experiments with one type could not hold for another* Deway is a highly intelligent chap and definitely one of the leaders in industrial chemistry in this country* also* incidentally* an ex-colonal in the Chemical Warfare Service* Xf you have any dope wnich would be interesting in reply to his theory about the different types of asbestos* X would be more than glad to be able to transmit it to him* Sincerely* US 2 Manfred Bowditch .Director OP THE EDWARD L. TRUDEAU FOUNDATION KMT OPTICS MX 551 7 church mirr Saranac Laxi. N.Y, Hr. Hanfred Icwditch, Director Division of Occupational Hygiene Department of Labor and Industries 25 Joy Street Boston, Hass Dear Hanfred: . Tony sent me a copy of a letter which he received from you on the subject of asbestosis. I replie'd and am enclosing a copy of that portion of ny letter for your reference. I do not think the subject is closed but I ould be surprised if we found evidence of a difference in the irritating properties of the various kinds of asbestos. As to progression of the disease, I an inclined to believe that the factor of infection is the one largely responsible for the cases that appear to have progressed. \7ith best regards. Sincerely yours. L*JC-:CC Enclosure Director February 19, 1938 Ur. Bradley 80*07, President Dewey sad Aloy Chemical Company 235 Harvey Street Cambridge, Massachusetts Sear Bradleys Deferring to our conversation an December 10th &a to possible differences in the effects of varloas types of asbestos in, causing asbestoals, 70a sa7 thlhk ne mildly crazy in following up a matter whiah 70a indicated over the telephone the other do7 to he dosed as far as 70a are concerned. While that Is quite naturally the case, ay Interest In asbestosis and Its causes is sneh that X as risking being pat down as a pest by sending 70a herewith copies Of two letters and an enclosure received soae tlae ago from Drs. JL. J. Lanza of the Metropolitan Life and L. IT. Gardner of Saranac as an Indirect result of ay talk with 70a. Taa will note that Dr. Gardner has ezperlaented with five different types of asbestos,' which X presume are about all there are. While his experiments haws thus far been by Injection, the best opinion seems to be that the results of Injection are in dicative of those to be expeoted from Inhalation. If this Is so, the fact that the five types give similar results by the former method may be taken to Indicate that the Inhalation effects would also be much alike. Sincerely yours. M3 13 LSB Sncl-3 Manfred Bowdltch Director I l * . * Deweyand Aimy Chemical, Compact INCOiMtATKO IM HAltACHUlKTTt UAKEX DEWALCO AXI> GOLD SEAL PHOIJITCTS Cambridge B. Massachusetts "OCWALCO" BOSTON February 23, 1938. Mr. Manfred Bowditch, Director, Division of Occupational Hygiene, Department of Labor and Industries, The Commonwealth of Massachusetts, 23 Joy Street, Boston, Mass. Dear Manfred: I am sorry if I sounded as though I suddenly turned into a black sheep with no further interest in asbestosis. That isn't what I meant to conveyI I have&io evidence that would impress Lanza. However, despite the fact that I love positive proof as well as the next fellow, I know that it will take a lot more than injection experiments to remove the hunch that I have. Your answer to the above is -- what is your hunch due to? It is due in a large measure to the following circumstances. (You will note that I do not dignify them with the term of proven facts.) 1. As I understand it, Multibestos ran for years without much trouble. It then switched to ^ Russian and Rhodesian crudes and suffered an enormous amount of trouble. 2. I have been through plants of competitors (for various reasons, I do not ?/ant to name them in a letter but will be perfectly glad to discuss them) where conditions have been so bad that vision from one end of the shoo to the other was actually impaired by asbestos dust in the air. In some of these, long streamers of asbestos fiber hung from every beam, sprinkler'pipe and shaft hanger. Where these plants reported no trouble, I could not help but be impressed by the fact that they had seemed to have a long history back of them of having used only Canadian fiber. Ur. Manfred Bowditch, The Commonwealth of Mass Page 2. Feb. 23, 1938 3. . It seemed to me that in many of the cases where I had heard that plants had suffered trouble, they were the ones that had used goodly quantities of foreign fibers. 4. I personally cannot study the disease record of the Walpole plant and not believe that asbestosis is a very serious and sometimes fatal disease. I think it is one that should not be belittled and it is one which should be objectively studied until reliable factsare known and out in the open. All this is simply so that you may know my own personal feeling. Far be it from me to get embroiled in somebody's else troubles. Sincerely yours. BD:E3 Uarcn 4y 1958 Mr* Bradley Dewey, 'Prosidcnt Dewey and Al^r Cuenicnl Company 255 Survey Street ----- Caaoridge, M&saucnusetta Deur Bradley! Thank you very mu.cn for the interesting statement of jour views on aabeetosis contained in your letter of February 3rd* Z had no thought wontsoever that you were anything approaching a black sheep" in this connection but aa very glad to have this statement* Z aa sure tout you will have no objection to ay passing it along to ay friends, Lanza and Gurduor* Sincerely yours, . gB EB Manfred Bowditcn Director t / Muraa **| -938 Leroy 0 Gardner, H*S, Director Saranac Laboratory Tor too Stuny of Tuberculosis oT Lie Edeara L. Truaesu Foundation 7 Cburcn Street Saranac Lake, Hew Xork Sear Eoyi Z bud tnougnt taut tbe Bradley Seway *sbestoois natter vas enaea, but last seek I received tbe letter froa hia of mien a copy is enclosed* While it contains notning startling, it is peruaps wortnmile to pass it along to you* I an also send** lag a copy to Tony Lanaa* Sincerely yours, MB ZB End* ani'red Sowditcn Director The Saranac Laboratory for the Study of Tuberculosis of THE EDWARD L. TRUDEAU FOUNDATION POST OFFICE EOZ tTl 7 CHURCH STREET Saranac Lake, N.Y. March 22, 1938 Mr. Manfred Bowditch Department of Labor 23 Joy Street Boston, Mass. Dear Manfred: On my return from Guatemala I found your letter of the 4th with its enclosure from Mr. Bradley Dewey. I do not think that his explanation that Russian and Rhodesian asbestos might be the cause of asbestosis is the pdujper one. I cannot help but feel that the length of the fibre has more to do with it. However, one must admit that there have apparently been more cases of this disease in your state than Tony was able to detect up at Mannheim and other places. I talked -frith Tony not so long ago and promised to send him autopsy reports on all the cases I have seen. His experience with x-rays tends to make him minimize the condition, but certainly it is a real thing and cannot be <G)ughed off too easily. On the other hand I do not believe "that we are seeing the extreme cases that have been reported from England. Thanking you most kindly for keeping me informed, I am, with very best wishes. LUG:CC Sincerely yours. TP'* r Leroy U. Gardner, M.D. Director Karen 24, 1938 Mr. Bradley Dewey, President Dewe^ a lloy Coeaicai Company 62 "liittesore Avenue * (Labrldge, Mnaancausette Dear Bradleys down tne curtain on the asbestosia natter, herewith is a copy of a letter received today froa Dr. L. U. Gardner vno nas been away froai uia of fice for a nuuber of wei-fg. Sincerely yours. KB ZB Enel* Manfred Sovaitcn Director > // C' / K./ Deweya^d Ai^iy Chemical Company NAlMCNWlirta amuoa eAw'oiNi* JifICM IMCO0ATCO IN NAIIACNVMTTI DAUEX dkwalco AND OOI.I) skal ihoi>i'ots CvAinumcE B. Massachusetts CAiki *eoNt> OCWALCO" BOSTON march 23, 1933. Hr. ilanfreu Boirditch, Director, The Comnonv.-eslth of Hass. Department of Labor, Division of Occupational Hygiene, 23 Joy Street, Boston, Hass. Dear Hanfred: s a' postscript to the final curtain, I call your attention to the second paragraph oi Dr. Gardner's letter about the conditions in"England. As I understand it, Rhodesian as bestos is used in considerable quantity in England. Perhaps I an Vtrong on this point. Thy not have the biological departments of some of the universities that you are in touch vitii iwe some microscopic and X-ray studies to see if they can't find differences in various types of asbestos? Sincerely yours. Deweyatto) Auiy meio**rcQ * **saCmwscm DARRX Company rcTS fy f* f /> , at - * UMoHmlOutwl.M.6AMllMiwMWm*lITtl NlltOVMI DKAVALCO AM) GOLD SEAL I'KODI Camukidue n. MASSACHUSETTS c*ia *oecss OCWACCO BOSTON November S, 1939. Hr. Manfred Bov/ditch, Director, Division of Occupational Hygiene, Tlie Commonwealth of Massachusetts, 23 Joy Street, Boston, Massachusetts; Dear Manfred: A thousand thanks for the paper by Dr. George and Dr. Leonard on the asbestos situation. It is a scholarly work and I have read it "`1 til a lot of interest. I am still aware of the fact that I ought to be getting together with you but, on the otherhanc, the problems incident to the present upset conditions of the world seem to be multiplying rather than lessening, and I an oretty nearly frantic. Sincerely yours. BD:EB