Document 6wvYXogXda3m5keLqX6qqdze9

A 1 IN TBB CIRCUIT COURT OP THE 11TB JUDICIAL CIRCUIT IB AMO FOR 0AD8 2 COUNTY FLORIDA 3 GENERAL JURISDICTION DIVISION 4 NO. 86-286S5-CA-19 5 PAUL RAY and SYLVIA KAY# 6 hit Wife# . 7 Plaintiffs# 8 vs. 9 PITTSBURGH CORNING ) CORPORATION# etc.# St Al.# ) 10 ) Defendants. ) 11 ) 12 13 Second Floor 100 Southeast 4th Street 14 Miami# Florida Monday# April 27# 1987 IS 10<05 a.a. - 2*45 p.m. 16 17 VIDEOTAPE DEPOSITION OF JANES P. VERBALEH 18 19 Taken before KENNETH SELLINCER# Rotary Public in 20 and for the State of Florida at Large# pursuant to a 21 Re-Notice of Taking Deposition filed in the above 22 cause. 23 24 25 B. ALLEN BBNOWXTZ t ASSOCIATES INC. > 1 Minerals Products were completely free of asoeetos? 2 A* Yes. 3 Q. When wasthat, please, sir? 4 A. 1971. 5 Q. And when did O.S. Minerals take steps to 6 free its products of asbestos? When did that vork 7 start? 8 A. Our first development work on non-asbestos 9 products was in the middle 1960's, *64-65. 10 0. Bow long does it take to develop--how long 11 did it take, at that tine, to develop an asbestos free 12 product, sir? 13 A. The productdevelopment is a bit easier 14 for the acoustical and thermal insulating products. 15 For the fireproofing products, there is a 16 substantially longer time required in order to do fire 17 testing and to get the required approvals in order to 18 market a fireproofing product. 19 Zn general, a year or more for the less 20 complex productsi and generally a couple of years, 21 normally, for a fireproofing product. 22 Q. what about the public--when I say "the 23 public*-- Strike that. 24 What about the marketing acceptance of ' 25 non-asbestos products, sir? What can you tell us about H. ALLEN BEN0WIT2 6 ASSOCIATES, INC. 1 orientation toward* commercial hi-rise buildings. 2 And, essentially, the producuc were 3 designed to satisfy that market! and the skilic o- our 4 people were in that market area. 5 He were remarkably unsuccessful in 6 marketing to any other markets. 7 Q. Are your products that used asbestos, are 8 they spray only? 9 A. They were Spray applied only. 10 Q. So, anything in a drywall or a 11 cementitious form would not be a O.S. Minerals* 12 product; is that correct? 13 MR. ERICKSON* Objection. (10*57 a.m.) 14 THE WITNESS* NO. 15 BY MR. WELCHERs 16 Q. What would basically be the way that the 17 U.S. Minerals*, product would be applied? 18 A. Well, the CAFCO products are spray 19 applied. 20 O.S. Minerals made other products from 21 mineral wool only generally for house insulation. 22 Q. Okay. I am now limiting my questions only 23 to the asbestos products. 24 Sir, did you ever make asbestos products^* 25 when Z say "you," I am referring to O.S. Minerals--for B. ALLEN BENOUITX 6 ASSOCIATES* INC 1 paints? 2 A* No* 3 Q. How about thickeners, lacquers? anything 4 of that nature? 5 A. No. 6 Q* Did you ever have any dealings with 7 Associated Paint a Plastics? 8 A. NO. 9 Q. Violet Paint Conpany? 10 A. NO. 11 Q. Federal Paint Company? 12 A. No. 13 Q. Apco Paint Company? 14 A. No. IS Q. Gypsum Paint Company? 16 A. NO. 17 Q. Okay* If 1 enumerated more paint 18 companies, would the answer be the same? that is, 19 basically did-- Strike that. Would your answer be the 20 same? 21 A. The answer would be the same* 22 MR. ERICKSON: Z object to that question. 23 (10:58 a.m.) 24 BY HR. WELCHERt 25 Q. Okay. Did you ever sell any asbestos B. ALLEN BENOWIT2 4 ASSOCIATES, INC. X product as a binder fox paints to anybody that you act 2 airara of? 3 A. Ha did not make any aebastos product* 4 And the blended product that we aade 5 designed for spraying would bo remarkably C unsatisfactory as a filler or binder in paint. 7 Q. And does D.S* Minerals have a record of 0 the distributors that its products were directed to* 9 its asbestos containing products that it was XO distributed to in the 1950*0 and the 1960's? XX A. Yes. 12 Q. Mould that be in Florida as well as other 13 states? 14 A. Tea. 15 Q. Have you bad an opportunity to review thea 16 in connection with the activities and coapanies that 17 Hr. Kay contends that be cane in contact with or was 18 exposed to or utilised asbestos producing products? 19 A. Yes. 20 Q. Do you find that there is any correlation 21 between any of them, sir? 22 A. Honewhatever. 23 Q. Bow about pipefitters and boilers? Was 24 U.S. Minerals' products used in pipefitting or in 25 boilers? B. ALLEN BEN0WXT2 4 ASSOCIATES, INC. 1 A Well, pipe covering-- 2 Q. Pipe covering is what Z an trying to refer 3 to. 4 A. Mo. The spray applied product would not 5 be suitable for that application. 6 Q. Okay. Where prinarily was O.S. Minerals' 7 products utilized# the asbestos producing products? 8 A. Well# substantially sore than ninety 9 percent of our products were used as coating on 10 structural steel and steel floor decks of hi-rise 11 buildings for fireproofing the steel aenbers and the 12 steel deck. 13 Q. Okay. Did you ever aake a nastic called 14 Dun-Dun? 15 A. NO. 16 Q. Old you ever hear of it? 17 A. NO. 18 Q. Your product bore the designation CAPCO? 19 A. Correct. 20 Q. Are you aware whether or not there was a 21 product called Xaylo# K-a-y-l-o# which may have been 22 utilized by someone other than O.S. Minerals-- Strike 23 the question. 24 Did U.S. Minerals ever utilize a product1 25 called Kaylo? 8. ALLEN BENOWITZ 4 ASSOCIATES# ZNC X A, NO. 2 0. Has the CAFCO product marketeo or sold 3 under that trade name in the years 1940 through 19477 4 A* Mo 5 Q. Have you been involved in the marketing, substantially in the aarketing of the CAFCO line of 7 products for the 0*8.Minerals since theirinception? 8 A. 1 have. 9 Q. Okay. In the marketing of the CAFCO line 10 of products in the period of tine that they were XI marketed through the United States only and limited to 12 the asbestos products-* What period of time would they 13 cover, first of all? 14 A. From 1954 until 1971. 15 Q. All right. That, if my mathematics are 16 correct, is some seventeen years. 17 A. Correct. 18 Q. In that seventeen years, sir, those 19 products were marketed--and when I say "those 20 products," I mean the CAFCO line of products that 21 contained asbestos--what would you estimate would be 22 the amount of net sales you made in those seventeen 23 years? 24 A. Including rather important sales to 25 Canada, Europe-- B. ALLEN BEN0WIT2 A ASSOCIATES, IMC. U 1 Q. No, I am just talking about the u.s. 2 A. Worldwide# including sales to Canada and 3 Europe, it approximated seven million dollars. 4 Q. In seventeen years? 5 A. In seventeen years#cumulatively. 6 Q. Bov do you characterise u.s. Minerals* 7 share of the market at that time as it pertained to 8 asbestos? 9 A. Negligible* 10 0. Are you satisfied from the documents that 11 you have reviewed that U.S* Minerals had no involvement 12 or connection with any product that it manufactured 13 containing asbestos which may have either been 14 utilized# sold to or which Mr. Kay may have come in 15 contact with from reviewing his deposition and answers 16 to interrogatories and your listing? 17 MR. ERICKSONS Objection. <10s58 a.m.) 18 * THE WITNESSt I see no connection 19 whatever. 20 MR. KELCHERi You may inquire. 21 (Discussion off the record.) 22 CROSS EXAMINATION 23 BY MR. ERICKSONS 24 Q. Mr. Verhalen# you have been in the 25 asbestos construction business since 1954# as the chief B. ALLEN BENOWJTZ 8 ASSOCIATES# INC 1 officer of O.S. Minerals Products} correct? 2 HR. WELCHERs Objection. (lltOS a.a.) 3 THE WITNESSl Yes. 4 BY MR. ERICKSONI 5 Q. And the aain product which contained 6 asbestos during the tine frame of 1954 to 1971 was a 7 product line called CAPCO* was it not? 8 A. Yes. 9 0. And this included what we described as a 10 sprayed on fireproofing product that goes on the steel 11 beams of various hi-rise structures? 12 A. Yes. 13 Q. And it also included acoustical products 14 that were sprayed on the ceilings of various hi-rise 15 structures? 16 A. They would not normally have been used on 17 a hi-rise building. 18 Q. But it was not unusual for you to 19 manufacture an acoustical ceiling product? 20 A. A minor part of our business was an 21 asbestos containing acoustical spray. 22 Q. Prom the period of 1954 to 1971, your 23 CAPCO product contained asbestos or at least some of 24 the CAPCO products contained asbestos; did they not? v' 25 A. Some of them did, yes. H. ALLEN BENOWITZ 6 ASSOCIATES, INC. Li 1 Q. And# in fact# your biggest seller during 2 this tine raae was a product called Blaze Shield} was 3 it not? 4 A. Yes, 5 Q* And that contained about thirtypercent 6 asbestos} didn't it? 7 A, Op until 1965# yes, 8 Q And it still contained in the twenty to 9 thirty percent range# did it not# right up to 1970 or 10 1971 when you took asbestos out of that product? 11 A* The Blaze Shield Type D# whichwas a 12 second general product, contained a lesser quantity} 13 and I think you are about right at twenty percent 14 Chrisotile asbestos* 15 Q, And during this tine frame you 16 manufactured other products# one I bolieve was called 17 Power Shield} was It not? 18 A, Yes, 19 Q, And another product called Beat Shield? 20 A. Yes, 21 Q, And prior to the split of thethree 22 products# you manufactured a product called CAPCO 23 Spray? 24 A, The original product was CAPCO Spray, 25 Q. And allof these products sort of stemmed H, ALLEN BENOWITZ ft ASSOCIATES# INC, 1 A. Z have* 2 Q. Save you also had anopportunity, atay 3 request, to review the answers to interrogatories froa 4 Hr. Say where ho describes product Identification and 5 places where he came in contact with asbestos? 6 A. I have. 7 Q. Bave you had anopportunity toreview O.S. 8 Minerals' distribution of its products that contained 9 asbestos during the period of tlae that O.S. Minerals XO distributed and sold products containing asbestos? 11 A. Yes. 12 Q. Bave you found any correlation between any 13 of the places that Hr. Bay talks about in his 14 deposition or in answers to bis interrogatories and in 15 the places that O.S. Minerals sold and distributed its 16 product to? 17 A. Bone whatever. 16 Q. Sir, did O.S. Minerals ever distribute its 19 products to shipyards in Jersey or Hew York or anywhere 20 as far as shipyards are concerned? 21 A. No. 22 Q. Can you tell us why not? 23 A. Our entire CAPCO orientation is 24 architectural orientation where our technical people, * 25 our product designers, our sales people all have an H. ALLEN BENOWITZ a ASSOCIATES, ZNC. I 1 Milwaukee, Wisconsin* waa than# la about 1949, aade 2 plant manager. 3 About 1950, assumed also the sales and 4 marketing responsibilities Cor the Midwest. 5 And then in 1952* with the re-organisation 6 of the company* X aoved to Stanhope# Hew Jersey* after 7 the South Milwaukee plant was closed. 8 During 1952# X was aade vice-president and 9 a director! was proaoted to executive vice-president# 10 oh# in the late 1950*a. 11 And In 1967# as X recall# was aade 12 president of United States Minerals. 13 Q. Sir# are you fanlllar and have you been 14 faalliar since your association with U.s. Minerals with 15 the lines of products aanufactured by U.S. Minerals 14 that contain asbestos? 17 A. Yes. 18 Q. When did U.S. Minerals start manufacturing 19 the line of products containing asbestos? 20 A. In 1954. 21 Q. And did those products havea particular 22 naae? 23 A. They were marketed under the CAFCO trade 24 naae 25 Q. And did there come atimewhen U.s. B. ALLEN BENOWITZ a ASSOCIATES* INC 1 APPEARANCES s 2 3 BLATT 6 PALES, By CHARLES ERICKSON, ESQ., 4 on behalf of Plaintiffs* 5 LXPMAR 8 WEISBERG, P.A.# C By DAVID M. LXPHAN, ESQ*, on bohalf of Plaintiffs* 7 HENRY W. JEWETT# XX# ESQ.# on bohalf of tho Dofendants* $ 10 KARL SANTONE# P.A.# By BRIAN 5* KEIF, ESQ.# 11 on bohalf of Combustion Engineering* 12 SBOTTS S BOWEN# 13 By EDMUND T. HENRY# XXX# E6Q* # on bohalf of Kaisor Refractories* 14 IS WELCH6R a CLARK# ROGER G. WELCHES# ESO.# IS on bohalf of 9*$* Minerals. 17 18 ALSO PRESENT! IS VXCXX SMITH# Logoi Assistant* 20 21 22 23 24 25 H* ALLEN BENOWXTS a ASSOCIATES#IHC* 1 2 Witntti 3 Jsaes P. Verhelen 4 By Hr. wlcher By Nr. Erickson 5 6 7 8 FLAINTIPfS1 9 HO* 2 * HO. 3 10 * HO. 4 4 Ho. 5 11 4 HO. 6 * HO. 7 12 ' HO. 8 * HO. 9 13 * HO. 10 * HO. 11 14 'NO. 12 * NO. 13 15 A NO. 14 4 NO. 15 16 ^ NO* 16 ^ Ho. 17 17 >NO. 18 4 HO. 19 18 HO. 20 NO. 21 19 HO. 22 20 21 22 23 24 25 2 II 0 X Direct Cross Red. Rec. 118 136 EXHIBITS FOR IDENTIFICATION 33 35 39 47 57 60 70 76 80 84 89 91 93 95 100 105 106 108 110 116 139 H. AtLEN BEN0WIT2 & ASSOCIATES. INC* 1 A* Jams 9. Verhalen. My address is box 186, 2 Stanhope# Now Jersey. 3 0. And your position, please? 4 A* Chairman of tbo boacd of directors of 5 United Statos Mineral Products Company. 4 Q. Bov long have you enjoyed that position, 7 sir? 8 A* About two and a half years. 9 Q. And your residence--legal residence is in 10 New Jersey? 11 A. It is. 12 Q. Is tbe business office of 0.8. Minerals 13 located in Nev Jersey? 14 A. Yes. 15 Q. Is that tbe only office and state in which 16 it does business? 17 A. No. .He have operations also in Alabama 18 and Indiana and California. 19 Q. All right. 20 And, sir, bow long have you been with u.s. 21 Minerals Company? 22 A. Since 1948. 23 Q. Could you tell us the positions that you 24 have occupied since 1948 with U.S. Minerals Company? H 25 A. I started asplant engineer inSouth 8. ALLEN BBN0HIT2 6 ASSOCIATES# INC. 1 HR* WELCHEfts Objections will be made 2 imply with the word "objection" unless they ere 3 anything other then form; in which case we 4 will--if anyone wants an explanation# if he* 11 5 raise his hand# we* 11 stop the tape and go off the .record* 7 HR* ERICESOHs And by saying "objection*" 8 we will be allowed at a later date to inforn the 9 person of what the fora of the objection is# 10 unless they ask you at that specific tine that 11 they want an explanation of the laproperneas of 12 the fora* 13 HR* WELCHERs Correct* Anything else will 14 be stated specifically. 15 THE COURT REPORTERS This is Videotape 16 HO* 1. 17 For Identification purposes# ay naae is 18 Kenneth Sellinger# Shorthand Reporter and Notary 19 Public for the State of Florida at large* 20 Our video technician is John Palaa. 21 We are here today for the purpose of 22 videotaping the deposition of Jaaes Verhalen at 23 the River Parc Hotel# 100 Southeast 4th Street# 24 Hiaai# Florida# on Honday# April 27# 1987# 25 coanenclng at approxlaately 10s50 a*a# in the B. ALLEN BEN0WZT2 8 ASSOCIATES# INC. 1 cast styled Paul lay and Sylvia Kay vs* 2 Pittsburg Corning Corporation# at al.# ponding 3 in tha Circuit Court of tha Blavsntb Judicial 4 Circuit in and for Dada County# Florida# Casa S No. 86-28655. 6 At this tlae# would eounsal plaasa stata 7 your appaaraneas for tba racord? 8 HR. WELCBERt Roger G. Walcbar of tha 9 offlcas of Melcher a Clark# raprasantlng O.S. XO Hinarals Conpany. XI HR. ERICKSONi Charlas Erickson of the X2 offlcas of Blatt 8 Falas# raprasantlng tha 13 plaintiffs. X4 HR. LZFHANs David Llpaan of tha offices 15 of Lipman a ffeisberg# raprasantlng tha 16 plaintiffs. 17 Thereupon-- 18 JAMES P. VERBALEM 19 was called as a witness by tha Defendants and# having 20 bean first duly sworn# was exaained and testified as 21 follows t 22 DIRECT EXAMINATION 23 BY MR. ERICKSONS 24 Q. Sir# for tha racord# would you give us 25 your full name and business address? B. ALLEN BENOtfITZ 6 ASSOCIATES# INC 1 that as pertaining to 0.8. Minerals? z A. Wall# generally there was a resistance to 3 non-asbestos products until the late sixties and early 4 seventies. 5 Host architectural specifications required 6 asbestos in the product. 7 Q. Bow did they go about requiring asbestos 8 in the product? Bow did that take place# air? 9 Was there specifications or contracts 10 requiring it or what do you aean by that? 11 A. Well# the particular architectural 12 specifications described the product they wanted usedf 13 and the typical architectural specifications required 14 asbestos in the product. IS Q. Bow did o.S. Minerals from 1954 to 1969 or 16 70 conduct its operation# the nodus operandl? 17 Old it sell to retailers or did it sell to 18 the public or how did it go about that? 19 A. Our only sales of CAPC0 products were to 20 licensed contractors. 21 Q. And why was that# sir? 22 A. There were a number of business reasons. 23 Our principal concern had to do with the 24 quality of application# so that we could be sure that a 25 responsible contractor renained responsible to install B. ALLEN BENOWITZ a ASSOCIATES# INC 1 the correct thicknesses# the correct densities and 2 following our application reconaendatlons. 3 Q. Did you Inttnd or expect 0.8. Minerals 4 Products to bo uaod by tbo general public in the fora 5 they case froa the aanufacturer? 6 NR. ERICKSONt Objection* C10i53 a.a.) 7 TBS WITNESSl No. 8 BY NR. WELCHBRl 2 0. How would you go about shipping the 0.8. 10 Minerals product containing asbestos that you 11 aanufactured? 12 A. Well# we had only one plant in stanhope# 13 New Jersey# during that period. All orders were 14 received in Stanhope* 15 The orders were received froa our licensed 16 contractors. Be would specify the products that he 17 wanted to receive and the destination to where it was 18 to be shipped. 19 Q. Zs this product in the fora so that it 20 could be used by soaeone other than a licensed 21 contractor at the tlae that it was shipped? 22 A. These products were all designed for spray 23 application and required specialised spray nachinery in 24 order to use then. 25 0. Did the product require specialized ' B. ALLEN BSNOWXTZ 4 ASSOCIATES,^ XNC. 1 training to ba used? 2 A* Tea. 3 0. Who would give that training? 4 A* We provided that service out of our 5 Research 6 Development Department--had a section that 6 we called Technical Service? and the technicians from 7 that department would provide the contractor training. 8 Q. Did you expect or intend that the general 9 public would be able to utilise the product in the fora 10 that it came from the manufacturer? 11 NR. ERICKSONt Objection. C10i54 a.m.) 12 THE WITNESS * Never. 13 BY HR. WELCBERt 14 0. To your knowledge* was the product sold to 15 anyone other than your licensed applicators? 16 A. No. 17 MR. EfcXCXSONt Objection. (10i54 a.m.) 18 HR. WELCBERt What is the basis for the 19 objection? 20 HR. ERICKSONt The question is leading. 21 (Discussion off the record.) 22 BY HR. WELCBERt 23 Q. Sir# at my request* have you had an 24 opportunity to review the deposition of Hr. Paul Kay ' 25 and Sylvia Kay? B. ALLEN BEN0W1TE 6 ASSOCIATES* INC* 1 from the product called CAFCO Spray? 2 A* They were modifications of the original 3 CAPCO Spray product, yes. 4 Q. And they all contained in the range of 5 twenty to thirty percent asbestos) did they not? 6 A. Generally, yes. 7 Q. And in 1971, you took asbestos out of 8 CAFCO Blase Shield) didn't you? 9 A. Well, the first introduction was in late 10 *69 of an asbestos free CAPCO Blaze Shield Type 0. 11 0. Your principal--correct me if I am wrong, 12 but I believe your previous testimony indicates that up 13 until 1971 you were producing a CAPCO with asbestos. 14 A. In decreasing quantities following the 15 introduction of the non-asbestos product. 16 In early 1970, the volume moved towards 17 the asbestos free and away from the asbestos containing 18 product. 19 0. Is it correct that the first major job in 20 the Onlted States you did with an asbestos free Blaze 21 Shield product was the World Trade Center in New York 22 City? 23 A. Yes. 24 Q. And, in fact, weren't the firstfew floors 25 of the World Trade Center sprayed with a product that B. ALLEN BEN0WZTZ 6 ASSOCIATES, INC 1 contained asbestos? 2 A* They were* 3 Q. You were able to spray the completion of 4 that building with a non-asbestos containing product in 5 1971| weren't you? 6 A. Starting very early in 1970* 7 Q* So, in 1970, you were able to spray the 8 World Trade Center with a non-asbestos containing 9 product? 10 A. Yes* 11 Q* Would you agree with me that it would be 12 hard for a lay person to tell the difference from an 13 asbestos product on the first floors and the non 14 asbestos products on the rest of the building? 15 A. In general for a lay person, yes. 16 Q* The products look about the same; don't 17 they? 18 A* Yes * 19 0* And your asbestos free product has the 20 same fire rating as the product which you made which 21 contained asbestos} does it not? 22 A. There were some minor differences in fire 23 rating, but not of consequence* 24 Q. Now, prior to the World Trade Center being 25 constructed-- I believe at the time that it was H* ALLEN BEN0WIT2 * ASSOCIATES, INC* 23 1 constructed# It was the largest building in the 2 country; was it not? 3 A. Yes. 4 Q. And I take it it surpassed the Empire 5 State Building# which Z believe had been the largest 6 building in the country* 7 A* If you aean the tallest# I think that is 8 correct; not the largest. 9 Q. All right. He'll go with the tallest 10 skyscraper. 11 As X remember# it was the Eapire State 12 Building and then that was passed by the world Trade 13 Center* 14 A. Yes. 15 Q* And# of course# the Eapire State Building 16 is a pretty old building? 17 A. Yes* 18 0. Sooewherebetweenthe construction of the 19 World Trade Center and the Empire State Building# there 20 was developed in America what was called a sprayed 21 aineral fiber fireproofing industry; was there not? 22 A* I think thesequence is reversed. I 23 believe the Eapire State Building was built first. 24 The original spray fiber product was one25 developed in England# a product called Llaput. 0. ALLEN BENOWITZ 8 ASSOCIATES# INC. l4f 1 It is my recollection that that product 2 line goes back to the late tventies or the 1930's. 3 Q. Now, that product la a little bit 4 different than the product that you make; isn't it? 5 A. Different only in the respect that it is 6 entirely asbestos and binders; it contains no mineral 7 fiber. 8 Q. And your product contains what is called a 9 mineral fiber or mineral wool? 10 A. Our product is essentially a mineral wool 11 product that had asbestos added. 12 Q, In 1954, it was amineral woolproduct? 13 A. Correct. 14 Q. And in 1971, it was a mineral wool 15 product? 16 A. Hell, understand that in 1971, we marketed 17 both asbestos free and asbestos containing products. 18 Q. Z am talking about your asbestos free 19 products in 1971. 20 A. It was a mineral wool product. 21 Q. In fact, didn't you increase the mineral 22 wool when you took the asbestos out of the product? 23 A. Yes. 24 Q. Now, you willagree again during this time 25 frame from 1954 to 1971, that a lot of hi~rise IS. ALLEN BENOWITZ & ASSOCIATES, INC 1 structures throughout America were sprayed with 2 products similar to your CAFCO product? 3 A. When you say "similar to our CAFCO 4 product"---there were many competing products* both 5 sprayed fiber and cementitious* yes. 6 Q. OJcay. But pretty much both of those 7 products* the sprayed fiber and the cementitious* 8 generally contained asbestos} did they not? 9 A. To the best of my knowledge* yes. 10 Q. And your company was actively competing in 11 this fireproofing market during this time period in 12 1954 and* in fact* right on up into the present? 13 A. Yes. 14 Q. And when you started in 1954* your company 15 didn't have very much in the way of sales; did you? 16 A. No* we did not. 17 Q. And you went out andactively sought this 18 fireproofing market? 19 A. That's correct. 20 Q. And you marketed products right here in 21 Florida; is that not correct? 22 A. He sold some products in Florida* yes. 23 0. And you will agree with me that during the 24 time frame when these asbestos containing products were 25 produced* there were a lot of buildings built in H. ALLEN BENOWITZ k ASSOCIATES* INC. 1 Florida--for instance, hotels in Miami end office 2 buildings in Miami where your product may have been 3 sprayed? 4 MR* WELCHERt Objection, tilt15 a.a.) 5 THE WITNESSt Hotels and condominiums are 6 generally concrete structures for which there is 7 no requirement for fireproofing. 8 Office buildings in Florida are most all 9 concrete and get no fireproofing. 10 It is rare that we get a hi-rise steel 11 structure in Florida that requires fireproofing. 12 BY MR. ERICKSONS 13 Q. Is it not true that your company marketed 14 about 8300,000 worth of CAFCO products in the State of 15 Florida during the time frame that you are talking 16 about? 17 A. Over that seventeen-year period, that 18 would be the high side of my estimate, yes. 19 Q. And some of your principal applicators 20 were located down here in Miami, Florida} weren't they? 21 A. NO. 22 Q. Have you ever heard of acompany by the 23 name of Lotspiech? 24 A. Yes. 25 Q. Are they anapplicator of 0.S.Minerals H. ALLEN BENOWIT2 & ASSOCIATES, INC n 1 Products? 2 A* They are* 1 just wouldn't call then "a 3 principal applicator." 4 Q* They do apply your product; is that not 5 correct? 6 MR. WELCHERI Objection* Ultl6 a.a.) 7 THE WITNESS* They did; and, I believe, 8 they still are a customer* 9 BY MR. ERICKSON* 10 Q* And there is another company operating 11 down in the Miami area called Florida Insulation & 12 Fireproofing Company; is that correct? 13 A* Yes* 14 Q* And they also had a license with O.S. 15 Minerals Products to apply the CAPCO line of products; 16 did they not? 17 A* Yes* 18 0* And I believe you mentioned that there was 19 another product in Florida called Acousti Engineering. 20 A* Another company* 21 0* Another company? 22 A. Yea. 23 0. And they had a license to apply your CAPCO 24 product in Plorlda; did they not? 25 A. Yes* B. ALLEN BEN0WIT2 & ASSOCIATES, INC* <*4 1 0* And you will ogre* with bo that you can't 2 tall for aura exactly vfaara all of tbasa various 3 applicators applied your product} can you? 4 HR. WELCHERi Objection* (10s58 a.a.) 5 THE WITNESS} Z think I've Indicated to 6 you that we know Boat all of the places where 7 our product was installed* 8 BY NR* ERICKSONt 9 Q* I believe we talked a little bit about 10 this earlier today and it is the case that soaetiaes 11 these applicators had warehouses} did they not? 12 MR* WELCHES* Objection* You're talking 13 about Plorida? <1116 a.a.) 14 THE WITNESS} Soae of the contractors in 15 Plorida bad warehouse capability# yes* 16 BY MR. ERICKSON} 17 0. And occasionally you would ship your 18 product to the warehouses} wouldn't you? 19 A. Occasionally. 20 Q. And if a productwent to awarehouse and 21 not to a job site# there wasn't really any way for you 22 to tell where the product went after that} was there? 23 A. That's correct. 24 Q. So you will agree with nethat there are ' 25 buildings in Plorida which contain your product which B ALLEN BENOWXTS & ASSOCIATES# ZNC 1 you don't know about? 2 MR. WELCBERi Objaction. (11s17 a.a.) 3 THE WITNESS'! That possibility exists, 4 yes. 5 BY HR, ERICKSONl 6 Q, Now, iron 1954 right on through tha 7 sixties, this fireproofing aarket was an expanding 8 aarket in Aaerica; wasn't it? 9 A, Xt was an expanding aarket in different 10 geographic areas, 11 Soae aarkets, particularly the southern 12 aarkets, were characteristically concrete aarkets, not 13 steel aarketsi and there was a relatively snail 14 potential for fireproofing in the southern markets. 15 Q. I believe you stated on your direct 16 examination that you sold--your company, O.S. Minerals 17 Products, sold almost seven million dollars worth of 18 asbestos containing products during the tiae period of 19 1954 to 1971, 20 MR. WELCHES* Objection. Not qualified as 21 to all states. (Iltl8 a.a.) 22 THE WITNESS! That was worldwide sales. 23 There was a substantial part outside of the 24 United States* 25 Over the seventeen*year period. B* ALLEN BENOWXTZ 6 ASSOCIATES, INC* 1 cumulatively, yea, 2 BY HR. ERICKSON* 3 Q. And all during this tine frame, you were 4 the chief officer of O.S. Minerals Products Company; is 5 that not correct? 6 A. I was the chief operating officer, yes. 7 Q. You basically ran the shew? 8 A. Yes. 9 Q. That included the time that you were vice10 president and the time that you were president? 11 A. Yes. 12 Q. And now you are chairman of the board? 13 A. Yes. 14 Q. And it was certainly not in your interest 15 during these years that the fireproofing market all of 16 a sudden collapsed? 17 A. He were so small a factory, X think we had 18 no Influence whatever on that market. 19 Q. Let*8 put it this way* If that market 20 came to a sudden halt, O.S. Minerals Products would 21 have been severely affected; would they not? 22 A. No. 23 Q. Are you telling me that it was not a major 24 part of your business? 25 A, It was not a major part of our business B. ALLEN BEHOWITZ 4 ASSOCIATES, INC. 51 1 ever 2 Q. Selling the CAFCO product line was never a 3 major part o your business? 4 A. fiver* 5 We are talking now about the asbestos 6 containing products. 7 Q* Were you concerned during the period 1970 6 on up through 1975 when health questions were raised 9 about asbestos that it night affect your conpany's 10 sales? 11 MR* WELCHERs Objection time-wise* (11(19 12 a.m*) 13 TBS WXTNESSs I'n not sure I understand 14 the question in terns of your meaning of the IS word "concerned* 16 Even though this nay have been a snaller 17 part of our. total company business* I think one 18 would have a concern for each elenent of his 19 business. 20 The point z made earlier is that this* 21 during that period of tine# was never a major 22 part of the conpany's business* 23 BY MR. ERICKSON( 24 Q* Mr* Verhalen# I would like* if you would*' 25 to please review a document along with se which is a B. ALLEN BENOHZTZ 6 ASSOCIATES# ZNC* 1 March 3, 1966 letter* 2 HR* WELCHERi i'm not going to permit it 3 to be underlined and then review it* 4 If you have an unmarked copy, you can let 5 him look at that, but not that marked copy* BY MR* ERICKSONl 7 Q. It you would, pleaae--here is a copy of 8 that Kerch 3, 1966 letter* I would like you to review 9 it along with me* 10 Would you agree with me that this is a 11 letter authored by you to Mr* D* T* Colton, as general 12 manager of Jobns~Manville International Corporation? 13 A* It is* I just haven't had a chance to 14 read it yet* 15 (Witness reading*) 16 A* Yes. 17 Q* Would you agree with me that the subject 18 matter of this letter was some publicity that was being 19 raised with regard to the asbestos hasard? 20 HR. WELCBERs Excuse me.' Before we do 21 that, may we have this marked, Mr* Reporter? 22 HR* ERICKSONS I think if we can, we can 23 agree to use the exhibit markers that are 24 already on here. 25 HR* WELCHERs X would prefer to have it B. ALLEN BEN0WIT2 8 ASSOCIATES, INC* J 1 marked at a separate exhibit* 2 (Thereupon# Plaintiffs* Exhibit Ho. 2 was 3 narked for identification*) 4 BY HR* ERICKSONl 5 Q* Would you agree with e that the docuaent 6 which hat listed down there in the corner an exhibit 7 sticker that was just handed to you is a Johns* 8 Hanvillt--a document that you wrote to Johns*Manville 9 concerning asbestos dust publicity in the 1960's? 10 A* In 1966# and X believe Z wrote this as the 11 president of the Sprayed Klneral Fiber Manufacturers 12 Association! and it was an expression in the interest 13 of the industry* 14 Q. And that# of course# is an industry in 15 which U*S* Minerals Products participated ini did it 16 not? 17 A* That's correct* 18 MR* WELCHERt Objection on the grounds 19 that It is outside the scope of direct 20 exaainaton. (Ilt24 a.a.) 21 BY MR* ERICKSONx 22 Q* I would like you to please read to the 23 jury the second paragraph of what you state in this 24 document* 25 MR. WELCHERi Objection to your entire B. ALLEN BENOWITZ 8 ASSOCIATES# INC. ___ _________________ ______________ :> > 1 line of questioning* Zt is outside the scope of 2 direct* (lls24 a.a.) 3 THE WITNESS* The second paragraph reads* 4 "Publicity of this sort can have a serious 5 adverse effect on the sprayed aineral fiber 6 industry* as well as other industries in which 7 your asbestos products are used.* 8 BY NR. ERICKSON* 9 Q. If you would go on and read the next 10 paragraph. 11 A. (Reading) 12 *We are very much concerned to know what 13 action your company and the entire asbestos 14 Industry might take to counteract this 15 publicity* and we ask specifically what 16 information or help our Association might obtain 17 in order to rebut or at least minimize the 18 unfavorable impression created by this article." 19 Q* Thank you* Hr. Verhalen. 20 I want to show you another letter dated 21 just about the same time. 22 If you would please review that. 23 HR. WELCHERs Would you mark it first* 24 please? ' 25 H. ALLEN BENOWITZ 6 ASSOCIATES* INC 1 (Thereupon, Plaintiffs1 Exhibit No. 3 was 2 marked for Identification.) 3 BY NR. ERICKSON I 4 Q. This letter is also referring to the 5 publicity surrounding asbestos dust} isnat it? 4 NR. WBLCBER* Let the witness finish 7 reading it* 8 THE WITNESSt I's sorry, the question was? 9 BY HR* ERICKSONS 10 Q. The question 1st This letter is also XX about the publicity of the alleged health basard of X2 asbestos in 1966} is it not? 13 A. Yes* X4 Q* And is it not true that in the last X5 paragraph of the document you state-- 16 And this is a document written by you; is 17 it not? 10 A. Yes* 19 Q* And# again# this is as president of the 20 Sprayed Mineral Piber Manufacturers Association# a 21 position you held in 1966} is that correct? 22 A* Yes* 23 Q* And you write in the last paragraph of 24 this document# do you nots 25 "The critical importance of this matter B* ALLEN BBN0WIT2 6 ASSOCIATES# INC* 1 need hardly ba stressed* Your prompt attention 2 will be appreciated.* 3 MR* WELCEER* Objection to the line of 4 inquiry* 5 All the questions pertaining to it are 6 outside the scope of direct* (lls27 a*a*> 7 THE WITNESSS Yes* 8 BY MR* ERICKSON < 9 Q* Would you agree with me that you were at 10 least concerned about the effect of publicity on 11 asbestos was having on the sprayed mineral fiber 12 industry? 13 A* Well, I think perhaps could have 14 eventually an effect# yes* IS Q* Thank you* 16 And it Is true that the CAFCO line of 17 products essentially were a sprayed Mineral fiber 18 product line} was it not? 19 A* That's correct* 20 Q* Mr* Verhalen# I believe you described in 21 your direct examination that your involvement or 0*S* 22 Minerals Products' involvement in the sprayed mineral 23 fiber industry was negligible--was that the word you 24 used? 25 A. In the sprayed fireproofing industry# it B* ALLEN BENOWITS 4 ASSOCIATES# INC* X was negligible* 2 Q* Xa it not true that your company had 3 approximately forty percent of the market of those 4 companies which participated in the sprayed mineral 5 fiber industry? 6 MR* WELCHERI Objection* Outside of the 7 scope of direct* <11i29 a*m*> 8 THE WITNESSi You're talking now about our 9 asbestos containing product* and you're talking 10 now about only those members of the Sprayed XI Fiber Association which together represented a X2 very minor part of the total fireproofing 13 industry* 14 BY MR* ERICSSON* 15 Q* Well* X am going to hand you a document. 16 Have you ever heard of a company called 17 Spraycraft? 16 A* Yes* 19 Q. And* in fact# Spraycraft was manufactured 20 by a company called Smith a Cansler in the 1960's? was 21 it not? 22 A* Spraycraft is both the trade name and a 23 company name* 24 Q* Spraycraft Product was a sprayed mineral ' 25 fiber product that competed against your CAPCO product 8 ALLEN BBNOWITZ 4 ASSOCIATES# INC. *18 X in the 1960*8; didn't it? 2 A. Yes. 3 Q. And X believe that one otheprincipal 4 people at Spraycraft was a person by the name of Dr. 5 Lieff? 6 A. That's correct. 7 Q. And in 1969 or thereabouts* the Spraycraft 8 Company was bought, purchased by a company known as 9 Philip Carey; was it not? XO HR. WELCHERs Objection to this whole line XX of questioning. Xt is outside the scope of X2 direct. 13 So* X don't have to make it each time* it X4 is understood that I'm objecting to the entire 15 line of questioning. <11;30 a.m.) 16 THE WITNESS; X believe the Spraycraft 17 Company wad sold before 1969* but X'n not sure 18 just what the date is. 19 BY HR. ERXCXSONt 20 Q. That might be correct* but somewhere in 21 there it was sold to the Philip Carey Company; was it 22 not 23 A. Some time after 1965 it was sold to the 24 Philip Carey Company. 25 Q. Have you ever heard of a man called A. P. B. ALLEN BEN0WXT2 6 ASSOCIATES* INC hr i 1 Hueller who worked with the Philip Carey Company? 2 A* No 3 Q* 1'* going to hand you here a document 4 which is from the Spraycraft Company discussing the S general industry. e And Z would like you to taka a look at it# 7 if you would* 8 He may be able to speed it up* I'm only 9 interested in a part of that on the third page* 10 (Discussion off the record*) 11 (Thereupon# Plaintiffs* Exhibit No. 4 was 12 marked for identification*) 13 BY NR. ERICKSONl 14 Q* Hr* Verhalen* you have now had a chance to 15 review a 1970 document that was created by one of your 16 competitors? have you not? 17 A* Yes. 18 Q* And would you agree with me that this 19 document characterises the fireproofing industry# at 20 least as seen through the eyes of one of your 21 competitors? o 22 A* It characterises it# but I consider it 23 quite inaccurate. 24 Q* Would you please read to the jury the ' 23 first three paragraphs of Page 5# right on down through 8. ALLEN BEN0WXTS 8 ASSOCIATES# INC* 1 CAFCO-- 2 NR* HELCBERs We're going to object to 3 this because of the fact that the witness is not 4 the promulgator of the document# has not seen it 5 before# and it is outside the scope of direct 6 questioning* <11i40 a*n*) 7 THE WITNESS * And further does not believe 8 it at all to be accurate* The first three 9 paragraphs* 10 "The Sprayed Mineral Fiber Manufacturers 11 Association aeaber producers probably account 12 for seventy percent of mineral fiber type market 13 which it is estlnated to have an annual sales 14 volume of $2*500*000 to three million dollars IS depending on the level of business* 16 "The other non-member mineral fiber 17 producers such as Sprayed-On# Sealtite# et al*# 18 account for the remaining thirty percent* 19 "The annual sales volume of the non20 fiberous* vet applied* cementitious type is 21 estimated to be on the order of two million 22 dollars and is sold by ft* R* Grace# CAFCO and 23 other small producers* 24 "The SHFNA producers of the mineral wool" 25 type product* product names# compositions# et B* ALLEN BEN0WITZ ASSOCIATES# INC* ------------------------------------------------------------------------------------------------------ _j X cetera# ace ae follows* CAFCO# produced by 0.8* 2 Minerals Wool of Stanhope# Hew Jersey (J. 3 Verhalen# president) accounts for about forty 4 percent of the Association aarket." S MR. ERICKSON* That's all X need for you 4 to read. 7 MR. WELCH8Ra Be reads the entire 4 paragraph or not at all. 9 MR. ERICKSON* Go ahead. 10 THE WITNESSi (Reading) 11 "Product consists of aineral wool# 12 asbestos and binders." 13 MR. WELCBERi Again we renew our 14 objection. 15 Xt is inaccurate and it is not prooulgated 16 by this witness# and outside the scope of 17 direct. (11*42 a.a.) 18 BY MR. ERICSSON* 19 0. Mr. Verhalen# would you agree with ae that 20 plasterers were not the only people who applied your 21 product? 22 MR. WELCHER* Objection to the fora-- 23 objection. (11*43 a.a.) 24 THE WITNESS* No, X would not agree with' . 25 you. 8 ALLEN BEN0WXT2 6 ASSOCIATES# INC. `I 4. 1 BY HR. ERICKSON! 2 G. Do you recall having had your ceposition 3 taken In a prior cases I believe it was Xdella Kennell 4 vs* Pfizer# Inc.# and various other defendants? 5 MR. WELCHBRi Be is not going to answer < the question unless he is first given the 7 deposition and give an opportunity to review it 8 and counsel for U.S. Minerals has an opportunity 9 to review it. 10 Otherwise# we are not going to permit it 11 (11s44 a.a.) 12 (Discussion off the record.) 13 B7 MR. ERICKSONS 14 Q. Hr. Verhalen# we were discussing a 15 deposition which you had given previously at which-- 16 You had been deposed on several occasions 17 in the past! have you not? 18 A. Tes. 19 Q. And a deposition isyour sworntestimony 20 under oathi is it not? 21 A. Yes. 22 Q. Would you please read to thejury starting 23 on Page 77 the question and answer given which I have 24 highlighted there? 25 MR. WELCBERi That is not proper B. ALLEN BENOWITZ 6 ASSOCIATES# INC. 1 iapeachaent. 2 You have to ask hia firat If ha remembers 3 bearing tba question and giving the answer# and 4 give hia an opportunity to explain. That is the 5 way it la done down hare. 6 BY MR. BRZCKSONs 7 Q. Okay. Mr. Verhalen, do you remember this 8 deposition which you gave previously? 9 A. I do. 10 Q. And do you remeaber being asked the 11 questions 12 "0* My question to you# sir# is what 13 other trades other than plasterers applied your 14 product?" IS A. That's not what Z recall your question to 16 be. 17 MR. HBtCHCRs Wait until he finishes and 18 reads the answer. 19 BY MR. BRZCXSOHs 20 Q. Mr. Verhalen# do you reaember having 21 answered that question in the past? 22 A. I reaember having answered that question# 23 but X think it is different froa the question that you 24 raised earlier when we were talking about fireproofing. 25 0. That's fine. a. ALLEN BENOWITZ A ASSOCIATES# INC. 1 Well* just go ahead; and 1C you would--was 2 not your answer to this questioni 3 "Carpenters, insulators, painters, and 4 non-union trades*? S A* My answer was in that deposition and here 6 today that fireproofing is essentially always installed 7 by plasterers. 8 Q. X understand that. 9 A. You do. 10 Q. But some of your other CAFCO products were 11 installed by other trades; were they not? 12 A. That'8 correct. Maybe X misunderstood 13 your question. 14 But X know of no case where a fireproofing 15 job, which is a hi-rise, major construction--! know of 16 no case where it is a non-union job and x know of no 17 case where any trade other than the plasterers is used 18 for spraying fireproofing. 19 Q. But more to the point# you do know of 20 cases where other products were applied by other 21 trades? 22 A. Thermal installations on smaller jobs 23 might be put on by non-union people or carpenters or 24 insulators--and acoustical products because they are 25 relatively small jobs--might be put on my non-union B. ALLEN BBNOVfXTZ 6 A8SOCXATSS# INC 1 people or by painters or by insulators. 2 Q. In fact# according to your testimony back 3 in this deposition, it often tines was painters who 4 would apply acoustical products; was it not? 5 A. When you say "often tines," the painters 6 trade would be used if there was texturing. 7 By that Z mean a very thin coat would be 8 put on by a painter. 9 Zf there was an acoustical specification 10 and the coating was generally sore than a quarter inch 11 thick, and it had to meet an acoustical specification, 12 it was quite probably put on by a plasterer. 13 The painters only put on very thin coats; 14 usually without an architectural specification. 15 Q. How, you will agree with ne that your 16 Sound Shield product was put on by painters on 17 occasion? 18 A. I said it sight have been. 19 Q. Hr. Verhalen, let's talk a little bit 20 about the disease known as asbestosis, if we can. 21 There is a nan in your organization by the 22 nase of Frank Stumpf; Is there not? 23 A. Yes. 24 Q. And he has been with you all the way back' 25 to 1954 or even a little earlier than that; has he not? B. ALLEN BEHOHITZ 4 ASSOCIATES, INC. % 1 A. '54 is when Prank joined the company. 2 Q. And Prank's job back then was vice3 president of Research, 1 believe. 4 A. Well, 1 don't know when he received the 5 office of vice-president* 6 Zt was several--a number of years after be 7 joined the company, but be organized and headed up our 8 research activity* 9 Q* And he has headed up that activity from 10 1954 right on up to the present| has he not? 11 A* Pes. 12 Q. And, of course, Mr. Stumpf was aware of 13 the disease asbestosis; was he not? 14 A. I think we, as Z said earlier, had that IS word in our vocabulary and understood it to be 16 impairment or illness that might result from long 17 exposure to large quantities of asbestos dust, usually 18 in relationship to an asbestos milling or asbestos 19 manufacturing operation. 20 Q. Mow, Mr. Stumpf, before he came to work 21 for your company, worked for one of your competitors or 22 a product that competed with you that was produced by 23 the National Gypsum Company called Theraacoustic. 24 A. Yes. 25 Q. And a Theraacoustic product is a sprayed B* ALLEN BEN0WIT2 6 ASSOCIATES, INC. 2a 1 literal fiber product that contained asbestos much like 2 the CAPCO product* aade in the fifties; was it not? 3 A* It vaa quite different* 4 Q* Okay* Zt vaa a spray applied asbestos 5 containing product; was it not? 6 A. It was* 7 Q. z would like for you to please take a look e at a research report that Hr* Stuapf wrote while he was 9 working for National Gypsum Company on the 10 Thermacoustlc product* 11 (Discussion off the record*) 12 (Thereupon, Plaintiffs' Exhibit No* 5 was 13 marked for Identification.) 14 THE WITNESSi I don't believe anybody can 15 read all of this document* 16 HR. WELCHBRs Based upon that statement# I 17 am not going to permit interrogation on it* 18 BT HR. ERICKSONi 19 Q. Okay# Hr. Verhalen# Z want to talk about 20 Hr* Stumpf* 21 You will agree from looking at this 22 document that it is a research report that he wrote in 23 1949# when he was working at National Gypsum Company. 24 That is pretty clear from the document; is 25 it not? H. ALLEN BBNOWITZ S ASSOCIATES# INC to 1 A. X understand that# yes* 2 Q* And you know that Hr* Stumpf was doing 3 research, by reading this document, on various matters 4 about Thetmacoustlc. S And one of those things was something 6 called asbestos floats* 7 A* X knov asbestos floats to be the very fine 0 powdered asbestos, yes. 9 Q. And they are really short fibers* That is 10 what an asbestos float isi is It not? 11 A. A real short fiber* 12 Q. So the jury understands, asbestos cones in 13 different slse fibers and asbestos floats are the 14 smallest. 15 A* That's correct* 10 Q* And by that very nature, they also happen 17 to be the dustiest? 19 A* That's correct* 19 Q* And on the third page of Mr*Stumpf's 20 research report--and correct me if you can't read this 21 part--but be has a recommendation to the Rational 22 Gypsum Company 23 And the recommendation sayst 24 The floats should be removed from the 25 formula, since the Increase in dust, and the H. ALLEN BENOtfXTS S ASSOCIATES, XNC* 1 possibility of asbestosls# outweigh the slight 2 increase in surface smoothness.* 3 MR. HELCBERt Don't answer the question. 4 I am not permitting questions on the document 5 unless the document is legible in its totality. 4 (12s03 p.m.) 7 BY MR. ERICKSONS 6 Q. Mr. Verhalen# assume that Mr. Stumpf told 9 National Gypsum Company back in 1949 that the floats 10 should be removed from the Thermacoustic formula since 11 the Increase in dust and the possibility of asbestosls 12 outweighed the slight increase in surface smootherneas. 13 You would agree with me that Hr. Stumpf 14 was having some concern# not only about the mining and 15 milling of asbestos# but the actual application of 16 sprayed mineral fiber which contained asbestos floats. 17 MR. WEIXBERs Objection to the form and 18 Instruct him not to answer as it calls for 19 speculation about what is in another person's 20 mind when he wrote a memo# not being employed by 21 that company. 22 You don't answer it. <12i04 p.m.) 23 BY MR. ERICKSONi 24 Q. It is not exactly speculation what I an ' 25 talking about in this 1949 document! is it# Mr. B. ALLEN BENOWITZ 4 ASSOCIATES# INC. 5U X Verhalen? 2 HR* WELCHERt Don't answer that* 3 BY MR. ERICKSON: 4 0. You have had a chance to review this 1949 S docunent on many occasions in the pasti have you not? f MR. WELCHERt Don't answer that. 7 MR. ERICKSONt Let ne note an objection 8 Bor the record. 9 We are in here doing a proof deposition. XO There is absolutely no reason in the world why XX Mr. Verhalen cannot testify about this docunent. X2 He has seen it on aany occasions and reviewed it 13 in the past. 14 He has given extensive testimony about IS this docunent in the past. He knows what the 16 docunent says. (12:04 p.n.) 17 MR. WELCHERt Be has indicated he can't 18 read it. 19 MR. ERICKSONt The document is clear as to 20 the natters which are important here today. 21 MR. WELCHERt Legible copy# we will be 22 glad to let hin testify to the docunent. 23 No legible copy* no testinohy. 24 MR. ERICKSONt Don't you believe that that . 25 ought to be an opinion for the Judge as this is B. ALLEN BBNOffXTS 8 ASSOCIATES# INC. X the only copy hero? 2 If the Judge believes that the copy is 3 illegible, he can certainly strike the testimony 4 as being inappropriate. 5 HR. WELCHER: I am not going to read this 6 document which he indicated is not readable in 7 its entirety. 6 BY MR. ERICKSONl 9 Q. Hr. Verhalen, can you read this portion of 10 the document which has been highlighted here? 11 HR. WELCHERt That's the sane question, 12 asking hia to take a portion of the docuaent 13 without knowing the entire document. 14 I an not going to perait him to answer. 15 HR. ERICKSONS We can talk about that 16 portion of the docuaent. There's no problem 17 with that. 18 HR. WELCHERi There is as far as ay 19 concern. X aa not going to perait hia to do it. 20 Get a complete legible copy of the 21 document and he'll talk about anything you want 22 in the docuaent. 23 without a legible copy, he is not going to 24 talk about it or any portion of it. Unfair to ' 25 the witness. H. ALLEN BENOWIT2 6 ASSOCIATES, INC 1 BY MR* ERICKSONt 2 Q* Mr* Verhalen# let' move on to 1956* 3 At this point in tine# Mr* Stump! had 4 joined your company} had he not? 5 A* Yea* 6 Q. And Z believe a Janes L* leapthome also 7 worked for your coapany in 1956} did he not? 8 A* HO. 9 Q* JamesL. Kenpthorne was# insome way# 10 associated with your coapany} was he not? 11 A* Be was a consultant* Be did not work for 12 us* 13 0* Be consulted withyour coapanyin 1956? 14 A. Be did# yes. 15 Q. And in 1956# your coapany applied for a 16 patent with the United States Patent Office regarding a 17 process known as "pneumatic conveying"} did it not? 18 A. I don't remember thespecificpatent# but 19 there were# during those years# several patent 20 applications. 21 Q. How# you will agree with ae that your 22 CAFCO product is applied through a process called 23 "pneumatic conveying"} is that a correct statement? 24 A. Yes. 25 Q. And the transfer ofparticlesfrom one B. ALLEN BSNOW'ITZ 6 ASSOCIATES# INC. 1 place to another through the air# that is essentially 2 what pneuaatic conveying meansj is it not? 3 A* Air conveyed# yes. 4 Q. You sent particles through the air from 5 Point A to Point B? 6 A. Yes. 7 Q. And would you agree with ae that ever 8 since 1955# going right on up through the present# that 9 this process of pneuaatic conveying is dusty in nature# 10 and the only real question is how much dust will be 11 associated with it? 12 MR. WELCHERt That*s two questions in one. 13 Don't answer it the way it is phrased. <12s08 14 P.D.) 15 MR. ERICKSONt Let ae rephrase the 16 question. 17 BY MR. ERICKSONS 18 Q. Will you agree with ae# going back from 19 1955 to the present# that this product Is# by its very 20 nature# a dusty process? 21 MR. WELCHBRs When you say "this product#" 22 do you aean the CAFCO asbestos or CAFCO non 23 asbestos or both? 24 MR. ERICKSONt I will rephrase the 25 question a third time. fi. ALLEN BENGWITZ 6 ASSOCIATES# INC 1 BY MR* ERICKSON* 2 Q* Would you agree with me* going back from 3 1955 to the present, that this process of pneumatic 4 conveying is* by its very nature* a dusty process? S A* Pneumatic conveying is done within a hose. 6 Within the hose* whether or not thero is dust* is not a 7 matter of concern. It is only the effect when the 8 product leaves the hose that causes a concern. 9 But It is not necessarily dusty because of 10 pneumatic conveying. 11 Q. Well* let's just talk more generally. 12 Spraying your product on to a steel beam 13 or a celling structure has--was a dusty process in the 14 fiftiesf was it not? 15 A. There was present some dust In varying 16 degrees* yes. 17 Q. And this dust has represented a limitation 18 on your product going back all the way from the 1950's 19 all the way up to the present; has it not? 20 A. It was an objection on the part of the 21 mechanics using it* yes. 22 0* And because of this objection* your 23 company over time has taken some steps to cut down on 24 the dust if they could? 25 A. We worked on a continuing effort to reduce B. ALLEN BENOWITZ a ASSOCIATES* INC. Sff 1 the dust present on spraying after the material left 2 the hose* 3 Q. But even today there is some dust 4 associated vith your product} is there not? 5 A* Even today there Is some dust. 6 0. would you agree with ae In 1956 there was 7 a whole lot of dust associated with your product? 6 HR* WELCHERt Objection to "whole lot.* 9 <12sl0 p*m*> 10 THE WITNESS! The answer is that it 11 depends on the rate on which the spraying would 12 take place* It depends on the velocity leaving 13 the hose* It depends on the type of blower that 14 was used for pneumatic conveying* It depends on 15 the type of nozzle used* the quantity of water 16 that was atomized, the quality of atomisation, 17 the ratio of fiber to water--a whole number of 18 things impact on the appearance of dust in 19 pneumatic conveying. 20 BY HR* ERICKSONt 21 Q* And not all those things are in your 22 control? 23 In fact, a lot of those things are In the 24 control of the applicator; is that not correct? 25 MR* WELCHER: That's two questions in one* B* ALLEN BENOWITZ 4 ASSOCIATES, INC. 1 Would you rephrase it? Objection to the 2 Corn. 3 Don't answer it. It is two questions in 4 one* <12x12 p.m*) 5 BY MR, ERICKSONi 6 Q. Is it not true that a lot of the things 7 that you just mentioned can't be controlled by u.S. 8 Minerals Products? 9 A* A lot of the elements impacting on dust 10 are controllable only by the contractor in the field, 11 yes* 12 Q Now, in 1956 X believe you mentioned your 13 company applied or was given a patent with regard to 14 this pneumatic conveying process regarding the du3t 15 applied by your--created by your product in 16 application} was it not? 17 MR* WELCHERt Objection* (12x12 p.m.) 18 THE WITNESS} I believe we received 19 patents in this area* 20 BY MR* ERICKSONx 21 0* I would like for you to please review this 22 1956 United States patent* 23 MR. WELCHERx Again, this has underlining* 24 Do you have-- 25 MR* ERICKSONx Those are underlinings B ALLEN BENOWITZ 4 ASSOCIATES# INC -$ 1 which cose from the document as it was found in 2 the ordinary course of business in U.3. Minerals 3 Products' files. 4 HR. wBLCHERi Okay, nark it, Mr. 5 Reporter. 6 HR. ERICKSONS Stop the video for a 7 second. 8 (Discussion off the record.) 9 (Thereupon# Plaintiffs* Exhibit No. 6 was 10 marked for identification.) 11 BY HR. ERICKSONt 12 Q. Mr. Verhalen# you have now had a chance to 13 review the exhibit from the Onited States Patent 14 Office* IS A. Z have scanned it# yes. 16 Q. Mow# are you aware that there ace certain 17 areas of this exhibit which have been underlined---is 18 that not correct? 19 A. Yes. 20 Q. And is that your understanding# that this 21 exhibit was found in the O.S* Minerals Products' files 22 with those areas already previously underlined? 23 A. If you say so# Xpresume so. 24 Q, Do you know whodid that underlining? 25 A* X have no idea* B ALLEN BBNOWITZ 4 ASSOCXATES# INC* Si X 0* Would you please read to the jury the 2 portion that is underlined in the first paragraph 3 there? 4 A* On the left-hand side? 5 Q* That's correct* 6 HR* WELCHERi Start with the beginning of 7 the sentence* 8 THE WITNESSi (Reading) 9 In fact# so much dust is normally 10 encountered in pneumatic spraying of light 11 weight particles that the dust problem is a 12 serious health hazard and production problem and 13 has considerably hampered the use of the 14 pneumatic conveyor system for spraying particles 15 in many applications for which it would be 16 otherwise well suited* 17 BY HR* ERICKSONl 18 Q* Thank you# Hr* Verhalen. 19 Now# in 1956# I ask if you recollect 20 having-- 21 MR* WELCBERt Excuse me* 22 Before we go into that# would you also 23 read the next paragraph down there along with 24 it? * 25 THE WITNESS* (Reading) B* ALLEN BENOWITZ 6 ASSOCIATES# INC .j X The present invention overcomes these end 2 other deficiencies of the prior art by providing 3 a novel apparatus and method for use in 4 pneumatic spraying of light weight particles 5 though a conveyor} more particularly described below and illustrated in the accompanying 7 drawings* 8 BY MR. ERICKSON* 9 Q, Now# Mr* Verhalen# you will agree with me XO that your product at this time# at least Mr* Stumpf XX states in this patent application# had inherent dust X2 creating a serious health hasardr did he not? 13 MR. NELCBERs Objection to the fora. X4 C12tl8 p.m.) 15 TBS WITNESSr Well# I would suggest that 16 this patent had application way broadly beyond 17 even just the spraying of our own products. 18 It was contemplated that any dust in an 19 excessive quantity would be a health hazard# any 20 dust# any nuisance dust in an excessive quantity 21 would be a health hazard. 22 This was a very general preamble for a 23 patent application or a patent that had a wide 24 diversity of applications# had nothing 25 specifically to do with asbestos. H. ALLEN BENOWITZ 4 ASSOCIATES# INC. <o0 1 BT HR. ERICKSONJ 2 Q. Wall, it wasn't very long after this 3 application that your company became aware of health 4 hazards* if they did not know previously* specifically 5 related to asbestos dust. 6 A. We've approached all dust as a matter of 7 concern* a matter of practical concerni but all dust* 8 even nuisance dust in excessive quantity* is going to 9 prevent a person from operating efficiently. 10 0. Well* let's talk a little bit about 11 asbestos dust. 12 1 want you to review a document dated 13 December 23* 1957, It was sent to Mr. Stumpf by an 14 industrial hygiene engineer. 15 I believe you have seen this document 16 previously; have you not? 17 HR. WEIGHERS First* would you mark it* 18 Hr. Reporter? 19 (Thereupon* Plaintiffs' Exhibit No. 7 was 20 marked for identification.) 21 HR. WELCHERs Secondly* it is addressed to 22 Hr. Stumpf. 23 Have you seen this document before or did 24 you get a copy of it? * 25 THE WITNESS; I have seen it in connection H. ALLEN BENOWITZ 4 ASSOCIATES* INC j j> 1 with other depositions* 2 MR* WELCHERt old you get a copy of it at 3 the tine? 4 THE WITNESS 1 No* 5 BY MR. ERICKSON* 6 0. Hr* Stuapf is again the nan who is in 7 charge of your Research Department; was he not? 8 1* Yes* 9 Q* And this document was sent to your 10 company# was it not# to Mr* Stumpf in that position? 11 A* Yes* 12 Q* And if you read along with me# doesn't it 13 state that this industrial hygienist--first he thanks 14 you for a previous letter which gave the composition of 15 CAFCO* 16 MR* WELCHERs Objection. Be doesn't thank 17 him# he thanks Mr* Stuapf* (12*20 p*a.) 18 BY MR. ERICKSON* 19 Q* Be thanks Mr* Stuapf; does he not? 20 A* Yes. 21 Q* And you have seen that whole series of 22 documents before; haven't you? 23 HR* WELCHERs Objection to the fora* 24 (12*20 p.m.) 25 THE WITNESS! I believe I have* B* ALLEN BENOWITZ 6 ASSOCIATES# INC 1 BY MR* ERICKSONI 2 Q* So, you were aware that this industrial 3 hygienist had previously written Mr* Stumpf# and Mr* 4 Stumpf had written hint back and saidt 5 Our product contains several ingredients# and 6 one of those is asbestos*? 7 HR* whLCHERi Objection to the fora* 8 Pre-supposes he was aware at the time of 9 this letter writing of previous correspondence* 10 The witness has not so indicated* (12t21 p*m) 11 THE WITNESSi My knowledge about this has 12 cose recently as in connection with various 13 depositions* 14 BY MR. ERICKSONt 15 0. Zf you would please read to the jury what 16 the industrial hygienist says in the first paragraph. 17 MR. WELCBER* Don't do that because it is 18 not addressed to you* 19 If you want to publish the entire letter 20 to the jury# go ahead* 21 There is no showing that the witness had 22 any dealings with it at the time* 23 Don't read it. 24 MR* ERICKSON} Well# he is the chief 25 executive officer of the company. H. ALLEN BEN($WXT2 6 ASSOCIATES# INC 1 MR. WELCHERi You haven't established that 2 he had knowledge of it at the tine* 3 MR. ERICKSON: Well# if you want to 4 withdraw your objection after this--this is the S reply to that and you will notice that it is 6 carbon copied to Mr* Verhalen. 7 MR. WELCHERi Yes, X will withdraw ny 8 objection* 9 You can read the first paragraph# if you 10 want# of that letter* 11 BY HR. ERXCKSONt 12 Q. Would you please read that paragraph? 13 A. Xt says: 14 Dear Mr. Stumpfs IS Thanks very much for your letter of 16 Septenber 17# 1957# giving us the composition of 17 your CAFCO Spray. 18 My interest in this material originated 19 when X saw a company applying this material to a 20 celling and noticed that considerable dust was 21 present. 22 From my observations of the material, i 23 concluded that some asbestos was present! and 24 knowing of the possible harmful effects on the ' 25 lungs from breathing asbestos# X wrote you the H. ALLEN BENOWITZ 6 ASSOCIATES# XNC v't 1 letter inquiring about the composition of this 2 notarial." 3 Q. Now/ Hr. Verhalen, you are faailiar with 4 what an industrial hygiene engineer is* aren't you? 5 A. z know the kind of work they do* 6 HR* WBLCHERs Excuse ae. Would you read 7 the next paragraph/ too? 8 HR* ERICKSON1 He will get into that. You 9 will have a chance to cross exaaine* 10 HR. HELCBERs I think, in fairness/ if you n want a paragraph read/ we are going to read the 12 next paragraph. 13 NR. ERICKSONS Hell/ I aa-- Excuse ae. 14 HR. HELCBERs I an not going to permit 15 these to be read-- 16 HR. ERICKSONS Objection. <12s23 p.a.) 17 HR. HfeLCBERs --unless we read the entire 18 aaplifying paragraph. 19 Read it--"I suspect"-- 20 HR. ERICKSONs I have a right to cross 21 exaaine this witness in any aanner that I want. 22 You can cone back and do your redirect on this 23 witness and read any paragraph of the letter 24 that you want. 25 HR. HELCBERs It is going to be read at B. ALLEN BEN0WZT2 6 ASSOCIATES/ INC. ---------------- -------------------------------------------- ---------------------- . - ------------------------------------------------------- 1 the time or it is not going to be published in 2 the fora of having hia read a paragraph which is 3 misleading without the other one* 4 NR* ERICKSONi He will come back and talk 5 about the other one* 4 It ie fine with me if you just read the 7 whole document to the jury* if you would like* 8 HR* WELCBERs I just want him to read that 9 paragraph* 10 BY HR* ERICKSONl 11 Q* Hr* Verhalen# we have decided that in the 12 interest of making sure that the jury fully understands 13 this document* It would be best for you to read the 14 whole document to the jury* 15 A* I have read the first paragraph* 18 HR* WELCHBRs Start with the second* 17 THE WITNESS t (Reading) 18 As industrial hygiene engineers# we need 19 to know the extent of the hazards so that we can 20 recommend proper medical and engineering 21 controls and prevent the dispersion of dust into 22 the atmosphere which would be in the breathing 23 zone of the man applying the material* 24 We are well aware of the relatively inndr 25 nature of mineral wool* B. ALLEN 8BN0WXTZ 8 ASSOCIATES# INC* 1 "I suspect that the percentage of asbestos 2 in the total mix is relatively small, but we 3 would like to know the percentage of asbestos in 4 this mix so that we can recommend the proper 5 medical and engineering controls. 6 "He have in mind the recommending of a 7 physical examination and chest X*ray for men 8 exposed to dust from this material. If the 9 asbestos content is high enough to justify such 10 a recommendation. 11 "Hill you therefore give us additional 12 information on this material? Any information 13 which you give us will be kept confidential and 14 used only from an industrial hygiene point of IS view. 18 Very truly yours." 17 BY HR. ERICKSONs 18 Q. How, we were discussing exactly what an 19 Industrial hygiene engineer was before this. 20 Are you familiar with industrial hygiene 21 engineers? 22 A. Generally, yes. 23 Q. And you would agree that Hr. Lange here-- 24 part of his job as an industrial hygiene engineer is to 25 go out and review sites for the people that be is 8. ALLEN BEN0WIT2 4 ASSOCIATES, INC *24 1 Insuring to soo if thoro are any aafaty problems? 2 A, 1 would think so* 3 0. And it Is pretty clear from this letter 4 that he vas reviewing the problem--or an application# 5 excuse me# of your CAFCO Spray* 6 A. That is what he represents* yes* 7 Q* Be wants to know the extent of the baxard 8 so he can recoaaend what safety precautions ought to be 9 taken while this aaterial is being applied} is that not 10 correct? 11 HR. WELCHERi Objection as to fora* 12 Extent of the hazard#* pre-supposing there is a 13 hazard* (12s26 p.m.) 14 BT MR. ERICKSON* 15 0* X mean# isn't that what he states there in 16 the first sentence of the second paragraphi 17 As industrial hygiene engineer# we need 18 to know the extent of the hazards so that we can 19 recoaaend proper acdical and engineering 20 controls*? 21 A* Reason would tell me he wants to know the 22 potential* 23 Q* And he tells you in this document pretty 24 clearly that he understands mineral wool is an inert * 25 product and he is not concerned with the hazards B. ALLEN BENOWITZ 6 ASSOCIATES* INC 1 connected with mineral wool spraying? 2 A. That*a correct. 3 0. But it is also pretty clear that he is 4 concerned about asbestos* isn't he? S A. Yes. Q. And he wants to know the e^act percentage 7 of asbestos so that he can determine what procedures 8 and controls ought to be implemented* is that correct? 9 A. I am presuming that that is what he wants XO from the way that his letter is coached, yes. XX Q. Then it sayss 12 "We would like to know the percentage of 13 asbestos in this mix so that we can recommend 14 the proper medical and engineering controls*" 15 That's what the letter states* isn't it? 16 A. Yes. Be is not asking for the type of 17 asbestos or certain other data that he ought to ask for 18 in order to make a full evaluation. 19 Q. And he does talk aboutwanting to know 20 this so that he can recommend theproperprocedures, 21 and they would include things such as physical 22 examinations and chest X-rays? Zs that not what the 23 letter states? 24 HR. WELCHER: Objection. The letter vili 25 speak for itself. It is the best evidence. B. ALLEN BEN0WIT2 6 ASSOCIATES, INC. m 1 1 think we ace getting beyond the scope, 2 not only of direct, but of what the letter 3 contain!. 4 Don't answer. The best evidence is the 5 letter* (12s28 p.a.) 6 BY MR* ERICSSON: 7 0* Hr* Verhalen, does the letter not state 8 that be has in wind recoaaending physical examinations 9 and chest X-rays depending on the aaount of asbestos 10 you tell hin is in your.product? 11 MR. WELCHES: Objection. The best 12 evidence is the letter. This Is repetitious. 13 Don't answer it. (12:28 p.a.} 14 MR. ERICKSON: It is not repetitious. 15 MR. WELCHSR: It has been published to the 16 jury. It has been read and it is self17 explanatory. It says what It says. Objection. 18 The best evidence is the letter. 19 Don't answer any further. It says what it 20 says. (12:28 p.a.) 21 BT MR. ERICKSON: 22 Q. Mr. Verhalen, he states in that letter 23 that he is going to keep that infornation confidential 24 and will only use it for an industrial hygiene point of 25 viewi does he not? B. ALLEN BENOJWXT2 & ASSOCIATES, INC. X A. That*a what tha letter says. 2 MR. WELCBERi Same objection. (12*28 3 p.a.) 4 BY MR. ERICKSONt S Q. Mr. Verhalen# did your company tell Mr. 4 Lange in 1957 the percentage of asbestos that was 7 contained In your product? 8 A. I don't believe ve told him the exact 9 percentage in our product. 10 Q. What did you tell Mr. Lange about the 11 asbestos content of your products? 12 A. well# you have a subsequent letter here. 13 Q. Would you read to the jury the first 14 paragraph? 15 MR. WELCHERt Let's mark it first. 16 (Thereupon# Plaintiffs' Exhibit No. 8 was 17 marked for .identification.) 18 MR. WELCHERt I will object to the 19 editorial "you" since it was written by Hr. 20 Stumpf and not by Mr. Verhalen. (12*29 p.a.) 21 THE WITNESSt Your question again? 22 BY MR. ERICKSON! 23 Q. My question 1st would you please read to 24 the jury what you told Mr. Lange about the content of ' 25 asbestos in your product. B. ALLEN BENOWITZ 4 ASSOCIATES# INC. 1 MR* WELCHER: Objection. It is not what 2 ho told** (12:30 p.a.) 3 BY MR. ERICKSONt 4 0* "You" being O.S. Minerals Products. 5 A. The reply to Mr. Lange's letter confirms 6 his view that the asbestos content in CAPCO Spray is 7 relatively small. 8 It also vent on to explain the factors 9 that caused dust and to Indicate that respirators are 10 available from our company* the type supplied with the 11 applicator equipment* and suggesting what our 12 recommendations for respirators was. 13 0. And* in fact* isn't it true that ten years 14 later in 19**nine years later in 1966* you got another 15 request from a person in a similar position and you 16 told him that the asbestos content in your product was 17 relatively small* too--"you* being O.S. Minerals 18 Products. 19 A. Well* this was essentially a mineral wool 20 product* not an asbestos product. A mineral wool 21 product to which asbestos and binders had been added. 22 So* essentially, in terms of description* 23 you would describe it as a mineral wool product. 24 Q. Isn't it a fact that the product ratio ' 25 contained approximately thirty percent asbestos? B. ALLEN BENOWITZ k ASSOCIATES* IRC & 1 A* ?he Type 0 down neat twenty, the Blaze 2 Shield standard up there near thirty; In that range of 3 twenty to thirty percent* 4 Q. Thant you, Mr* Verhalen. 5 How, Hr* Verhalen, the dust problems 6 didn't exactly 90 away with your patent in 1956, the 7 new patented process; did they? 8 A. X think our improvements continued 9 throughout our entire business activities related to 10 this business* XI Q* Would you agree with me that in 1962 your 12 product was still considered dusty and there was still 13 concerns in 1962 about that being a serious health 14 hazard? 15 A* Xn 1962, as X recall, we put a warning 16 label on our products relative to the people using the 17 product wanting to use adequate protection* 18 Q And that warning went on your products 19 some tine in May or some time in that area of 1962; is 20 that correct? 21 A* Somewhere between January and May of 1962* 22 Q* And about that time you were discussing 23 the health hazard of your product--*you* being u*s. 24 Minerals Products--with Hr* Noel Henry of the Johns- 25 Manville Company; weren't you? 8. ALLEN BENOWZTZ 6 ASSOCIATES, INC J) X A. well* the answer is probably. 2 Z think that's a discussion that 3 re-occurred several tines In our relationship with 4 Johns-Manville as a principal supplier* 5 0. Isn't it a fact that your company was 5 informed in 1982 that the asbestos component is the 7 most dusty portion of any spray fiber and this can be a 8 serious health hasard? 9 A. That's perhaps too broad a statement to XO make* but again it depends on the product and the IX formulation and so forth. 12 But in its broadest general sense* the 13 asbestos dust was a concern* yes* 14 0. And you were informed in 1952 that it is 15 possible to remove the dust* However* that it was 16 going to cost extra money to remove that dusti was it 17 not? 18 A. I really am not sure we're on the same 19 wavelength* There were different grades of asbestos* 20 Q. That's what I am talking about. Let me 21 give you-- 22 A* And the cheapest grade was the dustiest 23 and the most expensive grade was the least dusty. 1 24 think that is general knowledge. 25 0. You were informed in 1952 that by spending H. ALLEH BENOWITZ 4 ASSOCIATES* INC. X a little bit sort money and getting a aorc expensive 2 grade of asbestos/ you wouldn't have as much dust 3 associated with your application* 4 Isn't that a fair statement? 5 A* X think that's one approach to it and we could have gone out of the business because we weren't 7 competitive* 8 In business you have to keep a balanced 9 relationship between perforreance--there were other ways 10 to satisfy the dust problem without adding to the cost IX of the product and asking it non-competitive* 12 Ideally# we would like to have removed all 13 of the asbestos as the most expensive ingredient* if 14 we could have removed it all# we would have saved the 15 most money* 16 Q* But you didn't do that in 1962i did you? 17 A* Could not have sold a pound of product 18 then* 19 Q. He'll talk about that later* 20 But you did not in 1962# when you were 21 informed that asbestos was the most dusty portion of 22 your product/ remove asbestos from your product? 23 A* That was not the direction to solve the 24 problem* 25 He solve the problem through process B* ALLEN BENOWIT2 6 ASSOCIATES# INC 1 improvement, 2 Q* Now, isn't it a fact that in 1962, about 3 the tine you put a warning label on your product, you 4 became aware that lung cancer was at least alleged to 5 have been caused by exposure to asbestos dust? 6 A. X don't recall that so early in the 7 sixties, X recall that in *66 or '67, 8 X don't know that X have any recollection 9 back in the early sixties of that being a generally 10 accepted allegation, 11 Q Well, now, you had a person in your office 12 by the nane of B, W. Fairweather; did you not? 13 A, Yes, 14 Q, And he was in charge of sonething called 15 National Accounts; was he not? 16 A, Yes. 17 Q, And did he not receive a letter or Infora 18 you in 1962 about conversations that he was having with 19 Johna-Manville regarding caution labels? 20 A, He did have communication on that subject, 21 yes, 22 Q, And correct me if X read this incorrectly, 23 but is it not true that Mr, Fairweather- says: 24 "Currently, they"--being Johns-Nanville-- 25 "are a party in a suit by several asbestos B. ALLEN BENpWITZ 4 ASSOCIATES, INC, 1 workers who claim lung cancer was aggravated by 2 the asbestos materials with which they work," 3 If you would# please review this 4 document-- 5 HR* WELCHSRt First of all# I need to look 6 at it* 7 Hark it first# Hr* Reporter* a (Thereupon# Plaintiffs1 Exhibit No* 9 was a marked for identification*) xo HR* WELCHERs Take your time and read it* XI BY HR* ERICKSONt X2 Q* Hr. Verbalen# was that a fair reading of 13 that sentence of that document? X4 A. There is an indication here that Johns15 Manville has got a problem) and that would not have 16 surprised us* They were millers and miners of 17 asbestos* 18 The possibility of there having a plant 19 dust problem was many times ours* 20 And these were only claims* There was no 21 proof# there was no recognition* This was just an 22 acquisition or a claim* 23 Q* You were at least aware in-1962 that 24 people were making claims# at least to Johns-Hanvllle#* 25 that their exposure to asbestos was causing lung H* ALLEN BENOWZTZ 6 ASSOCIATES# INC 1 cancer? 2 That it pretty clear Iron that document* 3 isn't it? 4 A* That's a representation made to us by one 5 of JH's people, yes. 6 Q. And this was about the tine that you did 7 put a warning label on your product? 8 A. The only thing we knew was that the 9 American Conference of Governmental a Industrial 10 Hygienists had fixed a dust level half as high as inert XI or nuisance dust for asbestos dust. 12 That's what we knew. That's what provoked 13 our putting the warning label on the product. 14 It is relatively more hazardous than 15 mineral wool or cement or plaster or other nuisance 16 dusts. 17 Q. Mr. Verhalen, as we have reviewed a lot of 18 documents already this morning, you will agree with me 19 that in several of those documents there is at least a 20 reference to a serious health hazard from exposure to 21 asbestos. 22 A. To any dust. We treated--and I don't know 23 how to get it across--we treated dust as a hazardous24 dust was an objectionable--nuisance dust, asbestos 25 dust--dust was objectionable, and a basic objection to H. ALLEN BENOWITZ 4 ASSOCIATES, INC 1 our produet* 2 So# our concern was to reduce the dust 3 level# the total dust level# however we could* 4 0* I understand that. And you were aware 5 that asbestos dust# what you called the "threshold 6 Unit value#" was lover than that for other dusts. 7 A. As I remember# it was only five million 8 parts* whereas# ten million parts were allowed for 9 ceoent and plaster and mineral wool and so forth# yes. 20 Q. And at least by 1962# you were aware that 11 claias were being aade that cancer could be associated 12 with asbestos dust. 13 A. Hell# a claia by workers or employees can 14 often tiaes be sponsored by attorneys and not be 15 sponsored by fact. 16 Q. You didn't perfora any internal research 17 at this time with respect to the hasards of asbestos 18 dusty did you? 19 A. Health hasards# no. 20 Q. You didn't have a aedical officer on your 21 staff to look into the health hazards of asbestos dust? 22 A. We were just a little company. 23 Q. You didn't aake a review of the scientific 24 literature that was available to determine if there was 25 a health hazard associated with asbestos dusty did you? B, ALLEN BEH0WIT2 8 ASSOCIATES# INC 1 Mark it# please. 2 MR. ERICKSONt This is a portion of the 3 Complaint listing the various manufacturers that 4 are Involved In this case. 5 (Thereupon# Plaintiffs1 Exhibit No. 10 was 6 marked for identification.) 7 BY MR. ERICKSON* 8 Q. If you would please review the list of 9 manufacturers. 10 Are you familiar with most of those 11 companies listed on that Complaint? 12 A. Most all of them# yes. 13 Q. Do you know any of those companies in 1962 14 that put a warning on their product like yours? 15 A. I know of none that had a label on their 16 product. 17 Q. Okay. Mr. Verhalen# you will agree with 18 me that as the sixties progressed# more and more 19 concerns were raised about lung cancer and its 20 association to asbestosi would you not? 21 A. Hy recollection in 1966*67 is when 22 publicity was given to the questions raised. That's 23 when it became more generally known. 24 0. Are you aware that--you have heard of a * 25 doctor# of course# called Dr. Irving J. Selikoffi have B. ALLEN BEHOWITZ 6 ASSOCIATES# INC XL 1 you not? 2 A. TOO. 3 0. And it is your understanding that be was 4 the one that was raising this publicity about asbestos 5 dusti wasn't be? 6 A. Yes. 7 0* And you will agree with me that as this 8 publicity was being raised# 0*8* Minerals Products was 9 not oblivious to the whole notion! were you? 10 A* Z think we were consciously aware from 11 reading newspapers and aagaslnes# as most people do. 12 0. Zn fact# we have already looked at two 13 documents today where you talk about this matter being 14 of great concern to the sprayed mineral fiber industry; 15 is that correct? 16 MR. HSLCBERt Objection. <12*49 p.ra.) 17 THE WITNESSt We have looked at some 18 documents# yes# sir. 19 BY MR. ERXCXSON* 20 Q. And you kept a pretty watchful eye on what 21 the various people in the medical profession were 22 saying at this time about the relationship of 23 inhalation of asbestos dust and the possibility of 24 various cancers being caused; didn't you? 25 A. I don't know how to characterise what you B. ALLEN BENOWIT2 6 ASSOCIATES# INC 1 an by a 'watchful aye." 2 We were constantly avare of vhat was 3 published and sonatinas out customers or other trade 4 factors would tall us about what they learned; so that S t would say yes, wa ware aware* 6 0* And would you agree with aa that beginning 7 in 1966 that you kept up with the health reports that 8 Sellkoff was publishing out of bis Kt* Sinai Hospital? 9 A* I think by then our Sprayed Kineral Fiber 10 Association had been formed and communication with 11 Sellkoff and the things he published--that thereafter 12 communications improved, yes. 13 Q. And Z believe you will agree with ne that 14 his 1964 medical article was, of course, sent to your 15 company, a medical article discussing--technically 16 entitled 'Asbestos Exposure and Neoplasia"? 17 NR. WELCHER* Objection. Not quantified 18 as to when it was sent. <12s49 p.m.) 19 BT HR. BRICXSONs 20 Q. Are you aware of receiving that article? 21 A. I have seen it, yes. 22 Q. And I believe you received it in March of 23 1966; does that sound about right? 24 A. That was about the time when 1 think we H 25 received it from Mr. Levine. B. ALLEN B ENOWIT2 & ASSOCIATES, INC 1 Let'* nark it first. 2 (Thereupon. Plaintiffs* Exhibit Ho* 11 was 3 narked for identification.) 4 (Discussion off the record.) 5 BY HA. ERICKSONt 6 Q. Hr. Verhalen. have you bad a chance to 7 revlev the nodical article fron Dr. 8elikoff? 8 A. It is five paces of rather detailed 9 nodical and statistical information. 10 Z have scanned it. I wouldn't profess to 11 say I understand it. 12 Q. Would you acres with me that Dr. Selikoff 13 in 1964 was raisinc questions about other trades being 14 exposed to asbestos? 15 A. The whole article has a tone about a lot 15 of questions and the need for nore study and so forth. 17 yes. 18 Q. Now. you weren't exactly impressed at this 19 tine with the work that Dr. Selikoff was doing; is that 20 a correct characterization of how you felt in the 21 sixties? 22 A. X think the asbestos industry was not 23 convinced by the very preliminary work he had done at 24 that tine and Z was as much influenced. I think, by te 25 broad view of everything that was said. B. ALLEN BENOWXTZ 6 ASSOCIATES. INC. 1 Q, is it true that you previously 2 characterized Dr* Selikoff's tactics as sort of 3 headline grabbing scare tactics? 4 A* Be was seeking funds to do this research S and these many added studies and the publicity that he 6 got enabled him to obtain fairly large grants, usually 7 Government grants* 8 And I guess that's an appropriate way to 9 get answers to questions and get funds for studies is 10 to get publicity* 11 And to be sure, he did that quite 12 effectively. 13 Q* And you would agree with ae that at least 14 it is your position at this time that no definitive 15 studies had been done? 16 A* Z think he describes this work as 17 prelininary and indicates that such aore studies is 18 neededi aany questions remain unanswered* 19 Q. And you didn't think Selikoff had the 20 answers in 1964? 21 HR. WELCHES* It's getting to be 22 argumentative. Counsel* 23 Don't answer that question any further* 24 (1t06 p.n.) 25 B. ALLBN BENOWITZ 6 ASSOCIATES, INC 1 0* Mr* Verbalen# X have a copy or an article# 2 and I guess ay question is--I want to read to you the 3 very last paragraph of the article speaking about 4 asbestos fibers. It statesi 5 "Asbestos exposure in industry will not be 6 United to the particular craft that utilises 7 the material. The floating fibers do not 8 respect job classifications. 9 Thus# for example# insulation workers 10 undoubtedly share their exposure with their 11 workmates in other trades. 12 "intimate contact with asbestos is 13 possible for electricians# plumbers# sheetmetal 14 workers# steam fitters# laborers# carpenters# 15 boiler makers and foremans! perhaps even the 16 supervising architect should be included." 17 How# - is that an accurate representation of 18 the article which you received in 19667 19 MR. WELCHERt You mean# is that what the 20 article says? 21 BY MR. SRZCXSOHl 22 Q. Is that what the article says# Hr. 23 Verhalen? 24 MR. WELCHERt Be is going to have to read 25 it first--the last paragraph. B. ALLEN BENQWIT2 8 ASSOCIATES, INC. 1 BY HR* ERICKSONl 2 Q. During the time that all of these 3 queationa were being raised# your company vent about 4 business pretty much as usual? 5 HR. WELCHES I Objection. That is 6 repetitious. <107 p.m.) 7 MR. ERICKSONi Could you please explain to 8 me which question that is repeated? 9 MR. WELCHBRt Zt is repetitious of what he 10 has told you they were doing in 1966 when be got 11 the letter. 12 It is repetitious of indicating when they 13 changed their product formulation# what they 14 were doing up to that time. 15 That makes it completely repetitious. You 16 have been harping on this for the past thirty 17 minutes. 18 BY HR. ERICXSONs 19 Q. Did your company wait for Dr. Selikoff's 20 studies to be completed prior to making any 21 recommendations about asbestos? 22 A. No. 23 Q. Did your company take a position about 24 asbestos In 1966 when Dr. Selikoff was raising this 25 publicity? B. ALLEN BENQWITZ 6 ASSOCIATES# INC. 1 A* In 1962, ve put notic# on our bags that 2 indicated asbestos vac comparatively more hazardous 3 than the other nuisance dusts in our product. 4 Continuously from the time ve entered the 5 business, ve treated all dusts as a problem. 6 And ve constantly, like Dr. Selikoff, from 7 the time ve started until today, continued to vork on 8 activities vithin our processing and vlthin the 9 application that continuously reduced the dust levels 10 with the use of our product. 11 0. Is it fair to say that John O'Rourke--who 12 X believe vas a vice-president of sales in your 13 company; is that not correct? 14 A. Be vas. 15 Q. And he vas concerned about the publicity 16 that vas being generated in 1966; vas he not? 17 A. X think ve covered that the publicity had 18 an adverse effect on the entire spray fiber industry, 19 yes. 20 Q. And you were getting questions not only 21 from the Government, but from--excuse me, not only from 22 the press, but from industrial safety divisions of 23 various states and things like that; veren't you? 24 A. There vere some such inquiries, yes. 25 Q. And in 1966, is it accurate to say that R. ALLEN BENOWITZ & ASSOCIATES, INC X BT MR. ERICKSONl 2 Q. Let me put It to you this way: You 3 certainly didn't have the answere to the quescions he 4 was raising in 1964; did you? 5 A. Z don't believe anyone had the answers. 6 0. And it is your belief or your company's 7 belief that there was a little bit of ambiguity out 8 there raised by the Selikoff studies. 9 A. "Ambiguity" say not be a good word. 10 X think that there are sore questions and 11 X think those are Or. Selikoff's words. 12 X think X heard his correctly in saying 13 there are sore questions than there were answers. 14 There was such sore study needed before 15 there were definitive answers. X heard hia say that 16 Byself. 17 Q. Well, isn't it a fact that Or. Selikoff 18 and the Mt. Sinai Hospital is still studying problems 19 with asbestos? 20 A. That's correct. 21 Q. And he was raising questions in 1964 and 22 hopefully providing some answers; was he not? 23 HR. WELCHERt Objection, zt is 24 repetitious. 25 Don't answer it any further. (Is07 p.m.) H. ALLEN BENOWITZ k ASSOCIATES, INC fi 1 nr* O'Rourker et least' wrote you a letter regarding 2 this problem and be saldt 3 "X don't think we should wait until tests 4 are run or test methods are developed since this 5 might take many years* 6 "X feel we have enough information at this 7 time at least to be able to neutralise the minds 8 of some individuals such as the Division of 9 Industrial Safety until more concrete 10 information can be established." 11 Xf you would please review that document* 12 Was that Hr* Verhalen's or O.S. Minerals 13 Products' position in 1966? 14 MR* WELCHERt Pirst let the witness review 15 a document which you have read only a portion 16 of. 17 I would first like to get it marked* 18 (Thereupon# Plaintiffs' Exhibit Mo. 12 was 19 marked for identification.) 20 HR. WELCBERt I'm going to object to the 21 question the way it is phrased since the witness 22 hasn't even read the document. 23 After he has read the document' you may 24 ask him any questions you wish if he recognized 25 the document and identifies it. (ItlO p.m*) B. ALLEN BENOWXTZ 6 ASSOCIATES' INC* 1 TBS WITNESSi Z have read the document* 2 BY HR. ERICKSON; 3 Q. Hr. Verhalen# is it true that Hr. O'Rourke 4 was telling you that you all couldn't wait around for 5 the results to come in--is that accurate? 6 A. Well, I'm not exactly sure what tests he 7 was referring to and what results he was waiting for. 8 X don't think that has anything to do with 9 waiting for Dr. Selikoff's results to cose. 10 Zf that is what is implied by your lino of 11 questioning# I think that has nothing to do with 12 waiting for Dr. Selikoff's studies to be completed. 13 What he is simply saying# I think# is just 14 good business practice. You can't ignore questions 15 that are raised on the subject. They need to be 16 answered. 17 And he is simply suggesting that our 18 counsel# John Boyer# help us formulate a reply. 19 "Don't wait for a lot of data." 20 0. And you did# in fact# formulate a reply; 21 did you not? 22 A. The industry association developed a safe 23 practices bulletin that embarked on a program of 24 impressing contractors with housekeeping and safety 25 processes of dust control. B. ALLEN BENOWXTZ 4 ASSOCIATES# INC. n 1 Zt undertook a program to reduce the duet 2 levels In the product through process improvements at 3 the time of manufacture and with nosxle and application 4 technique improvements* 5 The entire industry was working in a 6 positive way to reducing total dust levels* 7 0* Are some of these tblngs--the items that 8 you just mentioned-*are they the things that are 9 referred to by Hr* Herbert Levine who was a member of 10 your Association* was he not* in an April (sic) 22* n 1966 letter addressed to you* among other persons* 12 where he statest 13 It was determined that the following 14 tasting program be set up by the technical IS committee as quickly as possible* to combat any 16 future developments of repercussion from or* 17 Sellkoff's- previous publicity concerning 18 aabestosls* 19 HR* WELCHERs First let's get the document 20 marked* 21 (Thereupon* Plaintiffs' Exhibit No. 13 was 22 marked for identification*) 23 MR* WELCHERt Let the witness have an 24 opportunity to review it and then he can answer 25 any questions about it* B. ALLEN BEN0WZT2 6 ASSOCIATES* INC I A* Ho# we did not* 2 Q. And the information that you had regarding 3 warnings and tha need--what you have discuasad about 4 tha threshold value--that was available to everybody in 5 tha asbestos industry) was it not? 6 A. Yes, ^ 7 Q. And every one of those manufacturers out 8 there had an opportunity to inspect your bags and see 9 that you put a warning on your bags) didn't they? 10 A. X don't Know what others did* 11 Q. Would you agree with me that it was a 12 fairly common practice to every once in a while buy one 13 of your competitor*8 product to see how it was 14 performing? 15 A. We did that# yes* 16 0* You wouldn't be surprised to find out that 17 some of your competitors did that# too? 18 A* Xt is possible* 19 Q. And if they did that# they would have seen 20 that you were putting a warning on your bag in 1962; 21 wouldn't they? 22 A. X presume so* 23 Q. Hr* Verhalen# X would like you to please 24 take a look at what is the Complaint in this action. ' 25 MR* WELCHERi A portion of the Complaint* H* ALLEN BENOWITX a ASSOCIATES# INC. 1 BY MR. ERICKSON I 2 Q. Have you had a chance to review the 3 document? 4 A. I have read the document. 5 Q. Is it an accurate statement that Mr. 6 Levine is suggesting that the industry set up, at least 7 undertake some testing to combat some repercussions 8 that the industry was feeling from Dr. Selikoff's 9 publicity? 10 A. Yes. He is proposing that testing be done 11 by the industry as a whole. 12 Q. And, in fact, didn't you go out in 1966 13 and hire an independent consultant by the name of 14 William Bradley to run dust testing on your industry 15 product? 16 A. We did. 17 Q. And the dust testing that Mr. Bradley 18 performed in December of 1966--to your recollection, 19 were those the very first testing that your industry 20 had ever done regarding how much dust was actually 21 being transmitted by your application process? 22 A. I thought it was early *67, but it might 23 have been December of *66. That would have been the 24 right time for this program to be Implemented. 25 It was recommended in August, probably H. ALLEN BENOWITZ A ASSOCIATES, INC -ll 1 approved In September--that would be as quickly as such 2 a program would go* 3 Q. So you will agree with me that even though 4 you knew back in-- 5 Pirst off# let me rephrase the question. 6 You knew back in 1962 at least that asbestos dust had a 7 lower threshold value than other dust; is that not 8 correct? 9 A* That's correct* 10 0* And yet it wasn't until 1966 that you did 11 any testing of the dust levels of your product; Is that 12 correct? 13 A. X don't have any recollection of dust 14 testing having been run before that time* IS Q. Let's take a look at the tests that were 16 run in 1966. 17 X would like you to please review--this is 18 a letter from Nr. Stumpf to you# December IS# 1966# 19 regarding the first tests that Bradley performed* 20 HR. WELCHES Have you got a copy without 21 underlining? 22 Could we mark it first? 23 (Thereupon# Plaintiffs' Exhibit No. 14 was 24 marked for identification.) 25 B. ALLEN DENOWXTZ 6 ASSOCIATES# XNC ^4 1 BY MB. ERICKSON$ 2 Q. Mr* Verhalen, have you had a chance to 3 review this document? 4 MR. WELCHERi He is just reading it. 5 Counsel. 6 THE WITNESS! Not quite. 7 THE TECHNICIAN! Excuse me* I'm going to 8 have to go ahead and change tapes now. 9 (Thereupon# the following is now on Video 10 No. 2 of 2.) 11 THE TECHNICIAN! Back on the record. 12 Continuing on Videtape No. 2. 13 THE WITNESS! I have read the memorandum. 14 BY HR. ERICKSONS IS Q. Now, you will agree with me that this is a 16 test of various Association products? 17 A. A test of two different Association 18 products. 19 Q. And from the results of these tests, it is 20 clear that the man making the tests was a Hr. Bradley 21 and he was *quite alarmed*? 22 A. That is what the memorandum says. 23 Q. And it shows at least one of these 24 products had a fiber count of twenty-six parts per 25 million at a spray gun nozzle; is that correct? B. ALLEN BENOWIT2 6 ASSOCIATES, INC -fr 1 A* That it what it says. 2 But X don't know how to correlate parts 3 per Billion into different units* 4 Q* You are not an industrial hygienist# so 5 you don't know such about that? 6 A* Well# statistically they talk about 7 Billions of parts per cubic foot and X don't know bow 8 to correlate parts per alllion to Billions of fibers 9 per cubic foot* 10 Q* You will agree with me that according to 11 this test# sixty feet away froa the fiber gun# there is 12 still nine parts per Billion* 13 A* But X don't know what that aeans. That 14 aay be a very low level* 15 Those weren't the units that were used in 16 the threshold Halt values* 17 0* Let's take a look at a test that Hr* 18 Bradley put together on all your Association products 19 in January 23rd of 1966 which was shortly after this 20 docuaent* 21 HR. WELCHER: Mark it first* 22 (Thereupon# Plaintiffs' Exhibit Ho* 15 was 23 marked for identification.) 24 HR* ERICKSON: If you would please review 25 it. H. ALLEN BENOWITZ & ASSOCIATES# INC at 1 HR* WELCHEAl Be Will. 2 THE VITNESSs Z have read the report. 3 BY HR. ERICKSONt 4 Q. Mr. Verhalen# you will agree with me that 5 that ia a report of all Association products; is that 4 correct? 7 A. The four members# not the entire 8 industry--just four members out of the Association. 9 Q. And it included resultsfromyour company? XO A. Yes. 11 0. And that is expressed in terms of parts 12 per cubic toot# if you look at the table? 13 A. Yes. 14 Q. And please refer to the table. IS There is not a single entry on that table 16 that is below the threshold limit value for parts per 17 cubic foot; is there? 18 A. Millions of particles per cubic foot. 19 Q. And those are all up in the teens; are 20 they not? 21 A. But if myrecollection iscorrect# this is 22 measuring total dust. 23 It is measuring the cement dust# the 24 gypsum dust# any other binders# and the mineral dust#''* 25 as veil as the asbestos dust; measuring total dust B. ALLEN BENOWITZ 6 ASSOCIATES# INC f r ' X particles in Billions of particles per cubic foot* 2 That's ay recollection* So, this isn't 3 all asbestos* 4 Q. Again, you are notan industrial 5 hygienist? 6 A. Mo# Z aa not* 7 0* So you are not exactly sure what that 8 threshold Halt value was meant--was aimed at when it 9 said five Billion pacts per cubic foot; do you? XO A* Z aa not* XX Q. And it may very well be that you used that X2 whenever there is asbestos dust present, even though 13 there could be other dust present? is that possible-- 14 Z aean you just don't know? IS MR* WELCHER) Objection* He has no way of 16 answering that question* 17 Don't answer it* (1;26 p*m*) 18 MR* ERICKSON* Let as rephrase the 19 question* 20 BT MR* ERICKSONS 21 Q* Because you were not an industrial 22 hygienist# you don't really know if those results are 23 exceeding the threshold Halt value as it was supposed 24 to apply at that time to your product; do you? 25 A* The only thing I know from the summary B* ALLEN BEMOWITZ ft ASSOCIATES# INC 1 report of Dr* Bradley ia that tha threshold limit value 2 for asbestos fiber is five million fibers per cubic 3 foot. 4 What X don't know ia whether this ia a 5 measurement just of aabestoa fibers or whether it ia total dust content. 7 0. Well# what does Hr. Bradley say in hia 8 summary about whether or not you were above or below 9 the threshold limit value? 10 MB. WELCHER Objection to the form. 11 <1:27 p.a.) 12 THE WITNESSj The dust he counted was in 13 excess of five million. 14 BY MR. ERICKSONx 15 Q. Would you please read what he says on 16 that? X believe there Is a specific sentence on that. 17 A. It says# "All test"-- 18 MR. WELCHERt Excuse me. That is not 19 addressed to him. That is addressed to someone 20 else. 21 I'm going to object to him reading 22 portions of it. 23 The best evidence would be* the report# 24 which is in evidence. * 25 Don't read it. Xt speaks for itself. B. ALLEN 8EN0WXTZ 6 ASSOCIATES# INC TT 1 (1:28 p.a.) 2 He Is not the author of it, not was it 3 addressed to hia. 4 BY HR. ERICKSON I 5 Q. You received a copy of this report! did 6 you not? 7 A. Yes, I did. 8 0. And is it clear that his report sayss 9 "All test results were deterained to be in 10 excess of the five aillion particles per cubic 11 foot threshold Halt value"? 12 A. Por asbestos, yes, I understand that. 13 Q. Nov, do you know how auch these Bradley 14 tests cost you? 15 A. I really don't. 16 Q. Does *500 seem like it is in the ballpark? 17 HR. WELCHER: Don't answer it unless you 18 know. 19 TBB WITNESS: I don't know. 20 BY HR. ERICKSON: 21 Q. Have you ever seen a document referring to 22 the cost? 23 Let ae refresh your memory, - if I can. 24 If you would please refer to an exhibit ' 25 marked 3751. H. ALLEN BEN0WIT2 6 ASSOCIATES, INC. X 1 am principally interested in a 2 resolution which your company or your Association 3 passed with regard to the Bradley test. 4 HR. WBLCBERs Hr. Reporter# do you want to 5 mark that first? (Thereupon# Plaintiffs' Exhibit Ho. 16 was 7 marked for identification.) 8 BT MR. ERICKSON* 9 Q. Tou have had a chance to review it. 10 Is it fair to characterise that as the 11 minutes of the Sprayed Mineral Fiber Manufacturers 12 Association meeting? 13 A. Yes. They are not signed# but I am 14 presuming that they represent the business of the 15 meeting. 16 Q. And there is an entry in there which talks 17 about funding some Bradley teatsi does it not? 18 A. It does. 19 Q. And doesn't it say that the Association 20 will spend but not to exceed 1500 on an additional 21 Bradley test? 22 A. That apparently reflects his quotation# 23 yes. 24 Q. And there are four members of that 25 Association# if I am correct*-is that not right? B. ALLEN BBNOWITZ 6 ASSOCIATES# INC 1 A. Yll 2 Q. 8o that la about (125 a company, If my 3 math serves at correctly? 4 A. If you divide the 500 by four# yes. 5 0. X assume the Association got its money 6 from the companies! did It not? 7 A* That's correct. 8 Q. You will agree with me that (125 to fund a 9 little testing didn't exactly break U.S. Minerals 10 Products Company's financial status! did it? 11 MR. WELCHERi X think the question is very 12 argumentative and X object. 13 You can answer it# if you can. It is a 14 very argumentative question. (Is33 p.o.) 15 TBE WITHESSs This is only one of several 16 testing programs that were discussed. 17 Xt was my recollection that thousands of 18 dollars were paid to Dr. Bradley for a long 19 series of tests and there were other tests 20 besides that. 21 And our company individually# aside from 22 the Association# conducted some tests. 23 BY MR. ERICKSON* 24 0. My point is this* Be was willing to run` 25 at least a series of tests for (500. B. ALLEN BENOWITZ 6 ASSOCIATES# XHC X A. Z believe that was a second series. 2 Q. And the first time you asked fcr these 3 tests to be run was 1966; is that not correct? 4 A. I think it was a month or two before this* 5 Zt was late in *66--this is January of v77* 6 This is an immediate follow on from the 7 first test report, following which X think each of the 8 member companies had made some improvement in their 9 processing in an expectation in subsequent testing they 10 were going to show up better than they did on the first XI test* 12 0* You would agree with me that what I would 13 characterize as the.cost of dinner for four at a fancy 14 new York restaurant, your Association was able to get 15 at least some grasp of the level of dust that was being 16 emitted by your product? 17 HR. 'HBLCHERs Don't answer it the way it 18 is phrased. Zt is highly argumentative. 19 Bo has told you that there were a series 20 of tests conducted by the Association. Be has 21 also indicated that his own organization, U.S. 22 Minerals, conducted their own tests* 23 The question is highly argumentative. 24 Don*t answer it. Zt is really not a question.' 25 (1:35 p.m.) H. ALLEN BENOWITZ 6 ASSOCZATBS, INC -u J 1 BY MB* ERICKSONI 2 Q* Mr* Verhalen, you mentioned previously In 3 1962 your company placed a caution on Its bags* 4 A* Yes* 5 Q* And that caution, I assume, vas hoped to 4 at least be read by the persons opening the bags and 7 spraying the material* 8 A* They vere the people we were concerned 9 about* 10 Q* And this caution didn't say anything about 11 the inhalation of asbestos dust causing cancer; did It? 12 A* Mo, it did not* 13 Q, And it didn't sayanything about the 14 inhalation of asbestos dust being possibly fatal; did 15 it? 16 A* Certainly not* 17 Q* And Mr. Kay is not an applicator or a 18 painter-* 19 You've read his deposition* You are aware 20 that he is not an applicator or sprayer. 21 Be is a person In the painting industry; 22 is that correct? 23 A. Mr* Kay probablyhad nocontactwhatever 24 with any of our products* 25 Q* Hell, you agree with me that there is H ALLEN BEHOWITZ 6 ASSOCIATES, INC ------------------------------------------------------------------------------------------- ------ Lgij 1 nothing on your bags that would instruct the applicator 2 or the sprayer to post a warning in the area where 3 other trades were working so that they would know to 4 where a respirator or take soae protective cautions if 5 they were in that area? 6 A* I've been in this business for a good 7 nuaber of years# and Z have been on aany# aany spraying 8 sites. 9 The practice in this industry--contrary to 10 what you read in Kr. Kay's deposition# you don't see 11 other trades active in an area where spraying is going 12 on# siaply because the way they spray# the floors want 13 to be clear and you don't want other people or other 14 scaffolding in the way to spray efficiently. That IS isn't the way it is done. 16 Q. You are not telling se that other trades 17 didn't ever work In the area where your aaterials were 18 being sprayedi are you? 19 A. At the tine they were beingsprayed? 20 0. That's correct. 21 A. I would say probably a fair description is 22 "didn't ever." I have never seen other trades working 23 in the spray area. 24 Q. You never worked with Mr.Kayi did you? 25 A. I did not. H. ALLEN BENOHXTZ 8 ASSOCIATES# INC. 1 Q. Mr. Verhalen# if you would pleas# review 2 what is a copy of the Sprayed Mineral Fiber 3 Manufacturers Association's June 17# 1966 minutes* 4 I'm interested in what is on Page 3. 5 MR* WELCHBRi Mark it. 4 (Thereupon# Plaintiffs' Exhibit Wo. 17 was 7 marked for identification.) 8 THE WITNESS! I have read it. 9 BY MR. ERICKSONl 10 0. Would you agree with me that reflected in 11 those minutes is a problem with an office building in 12 Cleveland# Ohio? 13 A. Yes. 14 Q. And# in fact# that there was a walk-out by 15 other trades at that office building that refused to 16 work on the same floor where your product was being 17 applied? 18 A. Zt doesn't indicate on the same floor. 19 Q. Well# I have got another document here and 20 I will let you look at it. Zt says* 21 "Attached is a copy of the letter I 22 discussed with you by phone last Friday# which 23 is the first instance where we have learned that 24 other trades have refused to work on the same ^ 25 floor where our products are being applied." B. ALLEN BENOWITZ t ASSOCIATES# XHC 1 If you read that document, X think you 2 will agree with me that it*a referring to the Cleveland 3 office building. 4 HR. WELCHERt That ia a comment. Counsel, 5 which Z will move to strike. 6 I think the proper procedure ia to have 7 the document narked and have the witness testify 8 concerning whether or not he recalls it and 9 whether or not it ia related to the other 10 document. 11 Your comments, I think, are improper. 12 <1*41 p.m.) 13 HR. WELCHERt Hark it, please. 14 (Thereupon, Plaintiffs* Exhibit No. 18 was 15 marked for identification.) 16 BY HR. BRICKSONt 17 Q. Now, you have had a chance to review that 18 exhibit} have you not? 19 A. Yes. 20 Q. And it is pretty clear from that exhibit 21 that they were indeed working on the same floor that 22 your product-- 23 HR. WELCHBRt Objection to the form. 24 (Ii42 p.m.) 25 HR. BRICKSONt Is that not correct? H. ALLEN BENOWITZ 4 ASSOCIATES, INC 1 HR. WELCHERt It pre-supposes that the one 2 letter refers to the alnutes In which the natter 3 was discussed nuch later. 4 I don't see that there Is a relationship S between then. 6 THE wiTHESSs Let's see if Z can explain 7 the way a spray joh proceeds. 8 Now* you could be right or wrong on the 9 Cleveland Federal Office Building because Z XO don't know how large it is. 11 If it is a very large floor* a very large 12 floor--very large--floors soaetlaes will be as 13 big as thirty* forty* fifty thousand square 14 feet. 15 It is entirely possible that one can spray 16 effectively and productively in one area of such 17 a large floor. 18 And after that work has been coapleted 19 that the other trades could follow on while the 20 spraying continues uninterrupted. 21 That is possible on very large floor 22 areas. 23 X just don't happen to know that building 24 and it is not one that X have been on* so it 25 could be either way. B. ALLEN BENOWXT* 6 ASSOCIATES* INC. 1 BY HI* ERICKSONi 2 Q. IE you would# for a second# hand ae back 3 that exhibit* 4 You will agree with ne that you are 5 suggesting to Kr. Boyer in this document-- Lot as rephrase that. 7 Zt is aa accurate characterization of this 8 docuasnt that you are asking Kr. Boyer if# perhaps# it 9 wouldn't be good for your Association to develop a . 10 standard official stateaent of policy regarding these 11 type of incidents. . 12 Is that not what you say in the second 13 paragraph? 14 A. That was the purpose for it. 15 0. And# la fact# you got other coaplaints 16 about these type of aattecsf did you not? 17 A. A Halted nuaber of other coaplaints# yes. 18 Q. And# la fact# It got so far as to develop 19 a fora letter of reply to a notice of walk-out In that 20 spray fiber is a health hazard! did you not? 21 A. I don't know that that is correct. 22 Q. I would like you to please review-- 23 HR. WRLCBBRs Let's nark this first. 24 (Thereupon# Plaintiffs' Exhibit No. 19 was. 25 narked for identification.) a. ALLEN BENOtfZTZ 4 ASSOCIATES# INC. X HR* WELCHERI Could Z look at this first? 2 It is undated. Z don't know if you ara 3 the author or not. 4 THE WITNESSI Z have read it. 3 BY MR. ERICKSONi Q. Would it be a fair characterization of 7 that docuaent that it represents a fora letter reply to S a notice of walk-out? 9 A. That's what it represents, and I believe 10 it was in response to our request for such a thing. 11 I just have no recollection of it ever 12 being used by the Association. 13 Q. Would you not agree that the contents of 14 that fora letter is basically the saae thing that was 15 contained in your June 3, 1966 response to the 14 Cleveland Office Building. 17 And X aa going to band you that document 18 to please review. 19 HR. WELCHERt When you're talking about 20 "your response," you're talking about Hr. John 21 F. O'Rourke's. 22 HR. ERICKSONi X'a talking about D.S. 23 Minerals' response. 24 HR. WELCHERi Mark it, please. Hr. 25 Reporter. 8. ALLEN BENOWXTZ 6 ASSOCIATES, INC. X 0 for fireproofing air *plinlBs or exposed 2 acoustical ceilings." 3 How# that is aerely tba report of what 4 that Association data Is. 5 0. And you didn't aentlon anything in that 4 brochure about any connection to asbestos and cancan 7 did you? A. That was a transition-- Ho# no. X don't 9 think we have ever taken on that nodical era. He XO haven't done that. XX HR. ERICKSONi Thank you# sir. X don't X2 have any aore questions. 13 REDIRECT EXAMINATION X4 BY HR. NELCBBRs 15 Q. Sir# in the three hours that you have been 16 subjected to cross examination# have you in any way# by 17 anything that you have heard# changed your opinion as 18 to whether or not Hr. Kay was exposed to any product of 19 yours or caae in contact with It in any occupation or 20 level of job that he was on? 21 A. X find no connection whatever. 22 Q. Sir# you have testified that O.S. Minerals 23 Products were utilised by licensed applicators# is that 24 correct? 25 A. Yes. H. ALLEN BENOWITX 8 ASSOCIATES# INC. 1 Q. Who trained these applicators in the use 2 of the product? 3 A. Technicians from our headquarters in 4 Stanhope. 5 Q* Why did you do that# sir? 6 A. We have a concern for our reputation 7 The reason as well for the formal license 8 agreement with contractors was to exert every conscious 9 effort to see that the products were correctly 10 installed so they would perform after Installation in 11 the manner that both we and the specifying agents 12 expected them to perform. 13 Q. Does that concern itself with what I 14 should term "product integrity"? 15 A. Tea. * 16 0. And bow did you expect the product would 17 perform if it was Installed in accordance with your 18 recommended procedures by licensed applicators? 19 A. X guess in the most general sense, it 20 would perform properly. 21 Q. What about its adhesion qualities? 22 A. The adhesion and cohesion qualities add 23 safety factors, substantial safety factors of twenty, 24 thirty, forty times the weight of the material. H. 25 Q. Can you elaborate on that? B. ALLEN B ENOWIT Z a ASSOCIATES, INC. *W 1 A* U11, if a square foot of aaterial weighed 2 one pound# it would take a force probably of forty or 3 mote pounds to dislodge it or effect it adversely# 4 either cause it to be reaoved from the substrate or S to--cohesive failure would be to cone apart within c itself. 7 Q. Would this be an advantage over the other 8 type of asbestos manufacturers that did not use spray 9 type applicators? 10 A. X think Z should say generally that aost 11 of the products we competed with# if they were 12 correctly Installed, would perfora similarly. 13 Q. Did you give these contractors--strike the 14 word "contractors*--did you give these applicators any 15 type of a booklet at the tlae you sold them the 16 product? 17 A. Upon licensing, they would have received 18 an application manual and would have receipted it for 19 it at the tlae the license was executed. 20 Q. And what was in the application manual 21 relative to the use of aasks, if anything? 22 A. There was a caution provision in the 23 manual relative to dust levels and recoaaending certain 24 types of approved dust masks. 25 Q. Did that distinguish--was that one of the 8. ALLEN DEN0WXT2 t ASSOCIATES# XWC. 1 distinguishing factors bstweon 0S* Minerals licensed 2 applicators and othar applicators who would be using 3 other types of spray products other than O.S. Minerals? 4 A. X don't know what other competitors did* 5 X only know what we did. 6 Q* Tou did not recoaaend In your application 7 annual that other people* other than spray applicators* 8 use Basks; did you# sir? 9 A* We recommended that the people handling 10 the product at the machinery and at the nozzle wear 11 certain protective gear# including aasks* 12 Q. Once the product was applied# did you find 13 any need or reason for a person to have a mask on after 14 it was applied? IS A* Wo* 16 Q. in addition to the instruction in the 17 aanual itself* what warnings were placed on the bags? 18 X assume they were transported in bags* 19 A. Yes* 20 0. Whatwarnings# ifany# were placed on the 21 bags? 22 A* X forget theexactwording# butthe gist 23 of the warning was that the product contained asbestos 24 and Inhalation to high levels of asbestos dust can be' 25 barnful to one's health and recoaaending that anyone B* ALLEN BEN0WXT2 6 ASSOCIATES* INC 1*4 1 who was exposed to tho dust on application wear 2 suitable protected gear. 3 Q. Did you expect or intend for any of these : 4 products to be applied by anyone other than a licensed 5 applicator? 6 A. Ho* 7 Q. Did you sell or distribute this product at 8 any tine--when Z talk about "this product*--the CAFCO 9 product to anyone other than a licensed applicator? 10 A* MO. 11 Q. Why? 12 A. We talkedabout it ingeneraland--we 13 started out in this business requiring licensed 14 applicators because of a relatively poor reputation 15 that spray fiber had before our entry into the 16 business. 17 And bur Investigation deteralned that the 18 cause for the problea was not the product itself, but 19 rather the aethod of application. 20 Zt was a kind of specialized product that 21 couldn*t be given to just anyone. 22 Zt was essential that the right aachinery 23 for application, the right training, the right 24 application aethods be applied in order for the product.: 25 to be correctly installed. a B. ALLEN B6MOWZT2 6 ASSOCIATES, INC. J 1 0. In the process of attempting improvements 2 in your product# did you change the method of applying 3 the product insofar as the nozsle length or size? 4 A. There were nany nozsle improvements over a 5 period of years and those improvements continue on even 6 today* 7 The most dramatic improvement was made in 8 our processing is the plant itself where the products 9 were blended to where a chemical additive to the 10 product caused the dust to be attached to the larger 11 particles so that there was a substantially reduced 12 level of fine dust* 13 Q* When was that chemical composition added 14 to the product? 15 A* That process started# as I recall# about 16 1959 or *60 and probably it has reached its most nearly 17 totally effective point perhaps only a couple of years 18 ago* 19 Q* Do Z understand that it was a--excuse me* 20 as Increasing formulation? 21 A* No* It was a method by which this 22 additive was Introduced and the method by which these 23 fibers and binders are blended in the factory* 24 0* There have been questions put to you about 25 the information supplied to architects by your company B* ALLEN BENOWITZ a ASSOCIATES# INC* 1 U*S* Minerals as featured in the Sweat Catalog os 2 Sweat*a Catalog X think it is properly called. 3 Do architects* in your understanding of 4 the building trade# have access to the sane information 5 that your company has relative to the products? 4 A* Relative to asbestos# X believe they did* 7 Q* Do you believe that architects have a duty 8 to investigate any health hasards of the product that 9 they specify? 10 A* They certainly are aware of it now* 11 Whether they were as aware of it back then--I would 12 think that that consciousness level has increased as 13 tine has passed. 14 Q* But of all of the people and all of the 15 concerns and all the professions* an architect is the 18 one nost--supposedly most knowledgeable concerning the 17 type of product# its composition and its hasards# if 18 any--would that be fair# sir? 19 A* Those are the normal elenents that the 20 architect investigates before he either specifies or 21 approves a product for use on a project that he 22 controls* 23 Q* And back in 1983# '64# and '65# and indeed 24 in 1970# when you were producing asbestos free ' 25 products# what were the architects specifying at that B. ALLEN BENpWXTS 6 ASSOCIATES* INC. 1 tiae for their projects? 2 HR. ERICKSONi X object to the question* 3 <2:15 p.a.) 4 TBS WITNESS I Tbocs wore still 5 spselfiestlqns requiring asbestos# which caused 6 us to continue to manufacture asbestos 7 containing products up into 1971* 8 BY NR* WELCHESI 9 Q. When you say "specifications*-- 10 specifications by whoa? 11 A. Architectural specifications* 12 Q* would that include engineers as well? 13 A* Yes, 14 Q. would that include contractors as well? 15 MR. ERICKSON* Objection. <2*17 p.a.) 16 THE WITNESSt Contractors usually didn't 17 have a specification voice. 18 Contractors might influence a 19 specification or a change in specification! but 20 they were not a specifying authority. 21 BY NR. WELCHERl 22 Q. Referring to Exhibit No. 5--it is aarked 23 defendants', but it should be the plintiff. These are 24 all aarked incorrectly--which la the United States 25 Patent Office patent granted to Hr. Stumpf for the H. ALLEN BENOWXTS * ASSOCIATES# INC. T* - 1 (Thereupon# Plaintiffs' Exhibit No* 20 was 2 sarked for identification*) 3 THE WITNESS* Much of the key phaseology 4 fron the draft of fora letter was used in our 5 letter to the contractor on the Federal Office 6 Building in Cleveland* 7 BY HR* ERICKSONl 8 Q. Thank you* sir* 9 Hr* Verhalen# I want to talk a little bit 10 about vhat you talked about as the asbestos market* 11 I believe you characterized earlier in 12 your testimony--and correct ae if Z aa wrong when I say 13 this--but you didn't think there was any market for a 14 product that didn't contain asbestos In the early 15 sixties* 16 A* I believe It would have been difficult to 17 aarket such a product in competition with asbestos base 18 products when asbestos was commonly specified* 19 That was ay stateaent* 20 Q. And you will agree with me that the 21 architect is the person that specifies a product? 22 A* Usually# yes* 23 Q* And in the sense the architect is your 24 consumer? 25 A* Sometimes it is the structural engineering B. ALLEN BENOWIT2 & ASSOCIATES# ZNC* 1 Sira or the architect. 2 0* Mow# you vlll agree with ae that a 3 consumer deciding about vbat product to use ought to 4 have the information ha noods to sake an inforaed 5 choice about that produeti does that sound reasonable? 6 A. *Ought to have*--X* a not sure X 7 understand. 8 Q Let ae try again. 9 When a conauaer vents to buy a product* la 10 it nice for hia to have all the inforaation about that 11 product vbich is available? 12 A. Well# that's an ideal clrcuaatance. 23 0. You vouldn't sell ae a used car that had 14 faulty brakes vithout telling ae that the car bad IS faulty brakes. 16 A. That vould be a responsibility. 17 Q. And llkevise don't you think that you 18 should tell the architect about any deficiencies 19 associated vith your product before you sell it to hia? 20 MR. WELCHERt Objection to--objection* 21 <153 p.a.) 22 THE WITNESS * We didn't believe--we didn't 23 then believe that our product had any 24 deficiencies. H 25 And as ve sit here today# except for the 8. ALLEN BENOWITZ 8 ASSOCIATES# XNC. IU 1 exposure that the men had in application# Z 2 don't believe thero were or are any deficiencies 3 In the asbestos containing product. 4 Properly Installed# that product will 5 perform well and bo trouble free. 6 BT MR. ERICKSONl 7 Q. Hell# you will agree with ae that an 8 architect has a lot of responsibilities when it coaes 9 to a construction job* doesn't he? 10 A. Yes. 11 Q. And Included in those would be# he would 12 want to know what type of precautions ought to be taken 13 In regard to the product before he specified it. 14 Does that aake sense? 15 A. withrespect totheapplication# generally 16 the architect--generally the architect has a broad 17 Interest in the way a product is Installed# not only 18 the way it functions. 19 And# yes, the architect has a 20 representative on the job site. 21 And# yes# the architect's representative 22 had as such exposure to the warning labels that were on 23 our bags as the nechanics who handled our bags. 24 Q. Do you knowwhatSweat's Catalog is? 25 A. Yes. B. ALLEN BENOWITZ 4 ASSOCIATES# INC, 11J 1 Q* And it's * fair characterization to say 2 that that la where an architact turns when he decides 3 what product to specify for a particular construction 4 application! isn't it? 5 A. That's where he starts* 6 Q* And if ha turned into Sweat's Catalog# 7 there would be a section there where he would find your 8 brochures! wouldn't that be correct? 9 A* Generally all the fireproofing brochures 10 would be in the sane section# yes* U 0* And yours would be up there next to the 12 other fireproofing brochures? 13 A Tea* 14 0* Por Instance# it would be up there next to 15 W* R* Grace's brochure? 16 A* Yes. 17 0* And it would be up there nest to a 18 brochure produced by Jetsulation? 19 A* Yes* 20 Q. And it would be up there next to a 21 brochure put out by Albeclad? 22 A* Oh-huh. 23 Q* nr* Verhalen# Z took the liberty of going 24 to Washington to collect# as best I could# all your 25 brochures froa 1954 up through 1971* B* ALLBN BBNOWIT2 4 ASSOCZATBS# INC. you to toll bo where la those brochures you mention anything to the architect about the hazard of 4 asbestos* 5 A* Don't believe there are any hasards to 6 asbestos to which the architect is concerned* 7 The concern is with the people applying 8 the product* Those are the people who need protection* 9 Q* Tou will agree with ae then that there is 10 nothing in your sales literature that would give the 11 architect any clue that asbestos can be harnful under 12 certain conditions? 13 A* I would suggest that In certainly all of 14 that literature in the description of the product# it 15 is described as a product containing asbestos* 16 I suggest that the architect probably had 17 as auch general information on the hazards of asbestos 18 as we did and perhaps the building owner did in teras 19 of publicity In the lay press which la the publicity 20 available to us* 21 And Z suggest that architects were the 22 ones who did raise questions# as were building 23 officials and the people who finally regulated against 24 the use of asbestos* 25 But in all those brochures in the B* ALLEN BENOWITZ & ASSOCIATES#. INC* 1 description of our product is sn explanation that this 2 product is an asbestos containing product. 3 He didn't attempt in any vay to hide it. 4 The--but we didn't believe that there was a concern for 5 health hasard to anyone except those people handling it during application. 7 Q. Don't you think* even with that belief* 8 that it would be nice for the architect to have that 9 knowledge in his broad sense when he is specifying 10 products? XI A. But you recognise it wasn't until 1969 or 12 '70 when we withdraw the asbestos that the position 13 generally acknowledged had reached that point. 14 Zt wasn't until the late 1960's or 1970 15 before--and we were the first one to introduce a non 16 asbestos product. 17 That*s the first time that such an action 18 was truly called fori the first time that the quality 19 of information available from the medical community 20 would have confirmed* at least to some extent* that 21 connection between asbestos and cancer. 22 That is really the first time and we 23 responded by introducing non-asbestos products. 24 Q. He have looked at a lot of documents 25 today--you will agree with that? B. ALLEN BENOWITZ t ASSOCIATES* INC 1 A* 2 Q* And they clearly indicate that as far back 3 as 1956# your company was aware of the serious health 4 hazard associated with spraying your product* 5 A. We treated all dust as being hazardous and 6 the asbestos dust was just relatively more hazardous. 7 we were concerned about dust throughout 8 our entire existence in this business of pneuaatlc 9 conveying* 10 We made continuing# progressive progress 11 towards reducing dust levels in manufacturing and In 12 application* 13 We believe that we did a conscious# right 14 thing as a responsible manufacturer. 15 Q. Mr* Verbalen* X have one more brochure 16 that X want to mark specifically# and this is 1970 17 CAFCO Blaze Shield Type D. 18 After you get a chance to review it# I 19 would like you to please read to the jury the second 20 entitled 'Environmental Safety* 21 MR. WELCHERI Mark that# please* 22 (Thereupon* Plaintiffs' Exhibit Ro. 21 was 23 marked for identification*) 24 MR* WBIiCBERs What did you want him to 25 read? B. ALLEN B ENOW IT2 * ASSOCIATES* INC* li.. X HR. ERICKSONi The section entitled 2 "Environmental Safety#" right there 3 (indicating)* 4 BY HR. ERXCXSOHt 5 Q. Hr. Verhalen# in 1970# your company was 6 veil on its vay to having already developed an asbestos 7 free product! la that correct? 8 A. Hell on its way--the first asbestos free 9 fireproofing material vas a product called Deck Shield XO Introduced in 1968. XX The architectural fireproofing product X2 called CAFCO Blaze Shield CP vas introduced early in 13 1970# yes. 14 Q. And is It not correct that that X5 advertising brochure reflects that you were telling 16 architects in 1970 that CAPCO Blaze Shield Type D was 17 environmentally safe? 18 A. The paragraph you requested being read 19 sayst 20 "Environmental Safety - study sponsored by 21 environmental health authorities# under the 22 sponsorship of the Sprayed Hlneral Piber 23 Hanufacturers Association# have shown that no 24 respirable substances result from the use of ' 2$ sprayed mineral fiber such as Blase Shield Type B. ALLEN BENOWIT2 8 ASSOCIATES# INC. X pneumatic device that is contained therein* 2 Has the preamble that you have read 3 concerning the asbestos dust as contained therein a 4 preamble as to what had been prior the practice and 5 what this particular device was designed to elialnate 6 or at least reduce? 7 MR* ERICKSONS Objection* <2sl8 p.a.) 8 THE WITNESSi Hell, the part that I read 9 didn't address the subject of asbestos; but just 10 addressed the subject of dust problems in 11 general as a serious health hasard and a 12 production problea and considerably hampered the 13 use of pneumatic conveying systems* 14 And we treated all dust as a hazard and a 15 nuisance and something to be reduced and 16 overcome. 17 BY MR. HELC8ERS 18 Q, Okay* Mow, sir, in all the years that 19 O.S* Minerals Products sold asbestos type products 20 containing asbestos to the applicators, had you ever 21 received one complaint from any applicators that 22 utilized your product concerning development of 23 asbestosis or cancer or fibrosis from the use of your 24 product? 25 Had anybody complained to you that this B* ALLEN BENOtfXTZ 8 ASSOCIATES, INC* 1 vas a hazard, anyone that used it? 2 A Mona at all. 3 Q. Bov about your paopla up at Stanhope, Hew 4 Jersey? Old they uaa the product? 5 A* They didnt uaa the product* They ware 6 involved in the manufacturing of the product* 7 Q* Hava thera ever been any proven nodical 8 claims generated as a result of 0*8* Minerals* 9 eaployees using--strike the word using*--formulating 10 the product since its inception up until today? 11 A* Thera are no proven claims* 12 Q. Bov many employees did 0S* Minerals have 13 during the period of time from 1959 through 1970 that 14 vould have bean Involved in the formulation of the 15 particular product? 15 A. rou#re talking nov about the manufacturing 17 and processing of* the product. 18 Q* That's vhat X mean by "formulation** 19 My question vas inartfully phrased* 20 A* The eaployees in that end of the business 21 probably vould average during peak periods of the year 22 tvanty or tventy-tvo employees* 23 0* Sir, va talked about the Bradley testing 24 and there vere several exhibits that vara shown to you 25 concerning the testing for the Sprayed Mineral Fiber B* ALIEN BENWITZ 4 ASSOCIATES, INC. 4*0 1 Manufacturer* Association by Dr. Bradley and the like-- 2 you rocall those? 3 A. Yes. 4 0. All right. Does the distance at which the 5 spraying is done play a role in determining the amount 4 of dust that coaes out of the particular nossle? 7 A* well# the dust concentration falls off as 8 the distance froa the nossle increased. It falls off 9 substantially. That*s noraal and to be expected. 10 0. Did U.S. Minerals have anything to do with 11 the development of aaaller type nossles by reason of 12 these tests? 13 A. Smaller* perhaps is not the right 14 description# but there is adiversity ofnozzles for 15 different applications# for different products. 16 So that knowing the product to be 17 installed and knowing the clrcuastance of application# 18 the aachinery to be used# we can optialse the nozzle 19 for the least amount of dust on application. 20 Q. Does the way in which the product is aised 21 play any role in the production of dust? 22 A. At our plant? 23 Q. Yes# sir. 24 A. The answer is *yes* X described the * . 25 importance of that control and the improvements in that 8. ALLEN DEN0WIT* A ASSOCZATBS# INC. 1 proem* 2 Q. Bov About on tbo field where the 3 contractor--the applicator actually utilized the 4 product? 5 Zs the vay that It Is mixed differ from 6 other spray applications insofar as reducing the dust 7 when one uses your product? A# Be think that our product does and has 9 historically compared favorably to competitors, if 10 that*s what you mean. 11 Q. Are you able to estimate what percentage 12 of the market CAFCO products containing asbestos had 13 during the period that O.S. Minerals marketed them from 14 1953 to 1968*49? 15 A There is no accurate information 14 available. 17 Q. Did you have difficulty marketing the 18 asbestos free product that you came out with? 19 A. Prior to 1970, yes. 20 0. Why? What was the resistance to them? 21 A. Well# for long years, since the 1930's# 22 major worldwide companies that introduced sprayed 23 fiber, in this case Turner Hewell, had in the 24 architectural community created a recognition of the 25 value of asbestos and had been promoting all asbestos B. ALLEN BENOWITZ A ASSOCIATES, INC. 1 products 2 And asbestos in the Binds of an architect 3 and an engineer was synonymous with fire protection 4 performance* S Q* Do 2 take it from that that a completely 6 non-asbestos formulated product was not synonymous with 7 fire protection during that period of time? 8 NR* ERICKSONi Z object to the question* 9 (2s25 p*m.) 30 THE WZTNESSs Xt was considered a cheap 11 substitute until the acceptance* 12 BT NR* WELCHBRs 13 Q* A cheap substitute by whoa* sir? Who 14 considered it that way? 15 A* Xf you will* the building community) those 16 people who bad an image of asbestos as the epitome of 17 permanence and safety for fireproofing* 18 Q* Do you know up until when the 0*3. 19 Government was recommending asbestos--strike the word- 20 strike the question* 21 Do you know approximately when the u.S* 22 Government stopped recommending or stopped prescribing 23 the use of asbestos in its standards for Government 24 buildings? " 25 A* X believe it is 1973* B* ALLEN 8ENOWXTZ 4 ASSOCIATES* INC 1 Q. Op to that time# if one had a governmental 2 contract that prescribed a standard for asbestos# could 3 you substitute an asbestos free product? 4 A* lot without a great rigor mortis. We made 5 no attempt to. We just didn't fill those orders. 6 Q. Bov auch tiae is there--does it take to 7 develop or did it take to develop an asbestos free 8 product froa start to finish in taras of your 9 acoustical installation and the like? XO You have aentioned at one point in your XI direct testlaony approximately a year--is that the X2 start to finish? 13 A. Where there is no fire testing required X4 and where you have a good deal of research luck* that 15 job generally can be done in a year. ltf Q. Bov about if it is a fire situation where 17 you have to have fire resistant properties? X8 A. You noraally have to add another year or 19 so to the basic development year for testing. 20 0. Why is that? 21 A. Because without an Underwriter's 22 Laboratory Listing# one cannot market--there is no way 23 to get acceptance for a fireproofing product In this 24 country without an Underwriter's Laboratory Listing. ' 25 To get that listing# one needs to get the H. ALLEN BENOWITZ t ASSOCIATES# ZNC 1 Design Department's approval at Onderwrlter's 2 Laboratory. 3 An entire floor and beam section needs to 4 be constructed. And you have to get a contractor to do 5 that after the engineering design is completed. 6 And then concrete Is poured, and it 7 usually takes more than sin months for that concrete to 8 cure before it can be tested. And that's an 9 accelerated cure. 10 After that, the Test Section gets sprayed 11 and another sixty days is required. 12 Then you enter their fire testing 13 schedule. 14 And after the test is completed, if it is 15 satisfactory, you have got to wait for a report to 16 issue. 17 If that can be done in twelve months time, 18 it is outstandingly good. 19 Q. When you were made aware of Dr. Selikoff's 20 report--I believe it was disseminated to you in 1966-- 21 did you subsequently meet with Dr. Selikoff? 22 A. Yes. 23 <2. And as a result of that meeting, did you 24 cone away from it with any idea that asbestos should be 25 Immediately removed from the marketplace? Is that what 8, ALLEN BENOWITX * ASSOCIATES, INC. 1 Dr* Selikoff told you? 2 HR. ERICKSONt Objection. (2:29 p.n.) 3 TBE WITNESS! Dr. Selikoff believed as 4 lets as 1970 that the spraying of asbestos 5 containing product eould properly be controlled 4 and did not need to be banned* 7 BY HR* WELCBSRl Q* Can you tell ae what fores your belief for 9 the statement that Dr* Sellkoff felt that aa late as 10 1970 products could be used containing asbestos and did 11 not have to be banned? 12 A* well# I believe they were public 13 expressions on his part} and when he finally took the 14 position of supporting New York city* for instance# in 15 the banning of asbestos# he did it with great apology# 16 only because the contractors siaply would not follow 17 the instructions of the manufacturers effectively in 18 their housekeeping practices and their containaent 19 practices for buildings being sprayed. 20 0* In your aanual that was given to 21 applicators that were utilising your product# you have 22 told us about the requireaent of the aask* 23 Do the manuals also address the 24 requireaent of aasks being used by anyone that is * 25 coning in contact with the product? B* ALLEN BENOWITX * ASSOCIATES# INC* ' sv. X A* Z think we used the term# "Exposed to the 2 dost telated to the spraying or the application of the 3 product* 4 Q. What I take it from that that the 5 responsibility for applying these instructinos rested 6 with the various licensed contractors. 7 A. Zt was clearly their responsibility. 8 Q. why do you say that# sir? 9 A. Because they are contractor eaployees who 10 are performing and the contractor and the contractor's XX supervisors that we trained, we are not there. 12 So clearly it is the employer or the 13 contractor's responsibility to see that his people 14 follow instructions. 15 Q. You had indicated that O.S. Minerals did 16 some testing of their own concerning the inhalation of 17 dust* if you willr and the performance of their 18 asbestos product$ is that correct? 19 A. No# you are incorrect. 20 The testing we did was a separate test 21 series by Or. Bradley on just our product# for our 22 company. And Z believe there was a separate report 23 issued. 24 Wo have not done any inhalation or health 25 studies. fl. ALLEN BfiNOWITZ 4 ASSOCIATES# INC. 1 Q. When was that tasting dona by Or* Bradley 2 for your product alone? 3 A* I think in 1967 or '68* Zt was in that 4 aone general area* 5 It was at the point where we believed that 6 we bad reached a rather satisfactory level of 7 controlling the level of the dust in the plant* 8 {Discussion off the record*) 9 BY HR* WELCHBRS 10 Q* Way back when we started this morning, you 11 indicated there was one other distributor in Florida 12 whose naae you could not remember* 13 Bow about Bari Manufacturing Company? 14 A* That was it* 15 0* And it started withan "8" rather than an 16 o-? 17 A* It was a short name* 18 0. Was that a distributor--strike the word 19 distributor*--an applicator in north Florida? 20 A* X think Jacksonville if ay memory serves 21 me right* 22 Q* Hr. Verbalen# you have no present plans to 23 leave Stanbopej do you* sir? 24 A* Z hope not* ' 25 Q* You are a permanent resident of New B* ALLEN BENOWIT2 a ASSOCIATES/INC. 1 Jersey? 2 A. Z have beon living there and raised a 3 fanily there since 1952* 4 MR. WELCHBRi Z have no further questions* 5 RECROSS EXAMINATION 6 BY HR. BRICKSOHt 7 Q. Hr* Verhalen# it is not exactly accurate 8 that 1970 vas the first time Dr* Selikoff went about 9 the process of trying to ban asbestos containing 10 fireproofingsi is it? 11 A. Dr* Selikoff*s official and public 12 position vas that it is a process to be controlled# not 13 banned. 14 Q* Isn't it a fact that your industry 15 throughout this tine frame kept telling Ht* Sinai and 16 Dr* Selikoff and the people that worked with hi that 17 asbestos vas a necessary ingredient in your product? 18 HR* WELCHERi Are you distinguishing 19 between 0*8* Minerals and the Association here 20 or are you including U*8. Minerals in this? 21 MR. ERICKSONi I* including U.S. Minerals 22 and the Association. 23 THE WITNESS * I will agree that it vas 24 difficult for ne several tines to vear two hat*. 25 There vas nany tines when our coapany's interest B. ALLEN BENOftlTZ & ASSOCIATES# INC. 1 conflicted with the trade association's 2 interest* 3 There were many times ve took a leadership 4 role without the trade association's support* 5 Our introduction of the product Deck 6 Shield for fireproofing decks in I960--this was 7 a non-asbestos product* 8 Admittedly it was not well received in the 9 marketplace* It did not net much of the market 10 share. 11 Then our introduction of the asbestos free 12 Blase Shield Type D in 1970--for a period of two 13 years when the rest of,the industry did not have 14 an asbestos free product# with our company hat 15 we were promoting asbestos free products* 16 And with our industry hat# we were 17 participating in a concensus with members who 18 did not have an asbestos free product. 19 There was a conflict there. 20 BY HR* BRICKSONl 21 Q* You testified that the U.S* Government 22 stopped prescribing asbestos in 1973. 23 That Is not totally accurate# what the 24 U.S* Government did In 1973> was it? - 25 A* Z think that was the latest time when BPA B* ALLEN BENOWITZ 4 ASSOCZATBS# INC. 1 adopted their ban* 2 You have got a whole bunch of departments 3 within the Governaent who then removed or ended any 4 specifications calling for asbestos* 5 Q* I believe you hit the nail on the head* 6 They not only stopped prescribing 7 asbestos* they banned it in 1973 froa spray 8 fireprooflngf is that not correct? 9 A* The ban permitted one percent asbestos* if 10 that's what you call a ban* 11 That is still permitted today* 12 0* And you take offense today of the fact 13 that the ban doesn't totally preclude all asbestos froa 14 products) isn't that correct? 15 A* Z don't know that--if a non-asbestos 16 product is available* it would be desirable to reqlre 17 non-asbestos products* That's our posture* yes* 18 Q* Xn 1987* it is your posture that if a non 19 asbestos product is available* It is desirable to use 20 the non-asbestos product? 21 A* And that is the type of promotion and 22 specification work that we do* 23 Q. You never did totally get rid of the dust 24 in your product! did you? 25 A* X think wo will agree that in pneuaatic 8* ALLEN BENOWITt 4 A880CXATES* XNC* 13 * 1 conveyance of dry particles, there la duet* 2 Sons of it ia coarse, aoae of it is 3 medium, aoae of it is finer but there ia dust in the 4 pneuaatlc conveying of dry materials, 5 Q, One last exhibit for you. This is talking 6 about the test froa Hr, Bradley conducted on behalf of 7 your Association, 8 And I believe this refers to the one that 9 finally got under the Halts for you. 10 If you would please read to the jury the 11 second paragraph, 12 HR. WELCHERs First I will aove to strike 13 counsel's comments "to finally get out of the* 14 limits." 15 It is coapletely unprofessional and 16 totally iaaaterlal* 17 Secondly, do you have a clean copy, 18 please? (2t38 p.m,) 19 (Discussion off the record,) 20 (Thereupon, Plaintiffs* Exhibit Ho, 22 was 21 marked for identification,) 22 BY HR. ERICKSON* 23 Q. Hr, Verhalen, you have had a chance to 24 read this August 17, 1967 letter; have you not? * 25 A, I have. H, ALLEN BENOWITZ 6 ASSOCIATES, INC 1 q. Is it not true that this letter states in 2 the second paragraph* referring to dust testing Bradley 3 did: 4 "The results appear too good# and for that 5 reason it is suggested that intonation not be released until it is discussed at the meeting 7 scheduled for Septeaber 7th." 8 A. That's what the paragraph says. 9 HR. WELCHERt Bzcuse ae. You said '87. 10 That is *67. You aeant to say *67. 11 HR. ERICKSONt Thank you# sir. 12 HR. WBLCBERs That's it. Z think we will 13 not waive. We want to look at it first. 14 Thank you. IS (Thereupon# the video deposition was 16 concluded.) 17 18 19 20 21 SWORN TO and subscribed before ae on this 22 day of June 1987. 23 24 25 R. ALLEN BENOVZTZ t ASSOCIATES# INC. 1 CERTIFICATE OF NOTART 2 STATS OF FLORIDA ) > 6S 3 COUNTY OF DADS > 4 X, KENNETH SELLINGER, a Notary Public Tor S the State of Florida at Largo, do hereby certify that X 6 reported the video deposition of JAKES P. VERBALENr a 7 witness called by the defendants in the above~styled 8 cause; that the said witness was duly sworn by ae; and , 9 that the foregoing pages, numbered froa 1 to 141, 10 Inclusive, constitute a true record of the video 11 deposition by said witness. 12 X further certify that X as not an 13 attorney or counsel of any of the parties, nor a 14 relative or enployee of any attorney or counsel IS connected with the action, nor financially interested 16 in the action. 17 WITNESS ay hand and official seal in the 18 City a* Miami, County of Dade, state of Florida, this 19 day of June 1987. 20 21 22 23 24 25 8. ALLEN BENOWXT2 4 ASSOCIATES, ZNC. hie No. r LAWYER'S NOTES H. ALLEN BENOWITZ & ASSOCIATES REGISTERED PROFESSIONAL REPORTERS 100 COMMONWEALTH BUILDING 4SS.W. FIRST STREET MIAMI, FLORIDA 33130 r* lAiNTIFF'S iXHIIIT rnfZ . ** :, Mr. O* ?. Colton, Oovil Mmcar ; joiu*.bsvllle Sstarnatlosal Oarpcratlna ;22 list tot* Street toe Tbrt, 9to Tort 10016 Mvefc 3* 1365 * Dmr Br. Colton* Ton aay already to war* of an article pah? Intort la tto 3av Tbrt TlrtT on torch 2, 1366 entitled "Istoatoa Dost Celled a Ccsard to at laaat Oce-ffcsrth of 0* 8.N a copy of lAleh la attached. felicity of tfela sort can fcava a eorloos irfwrs effect oa tto sprayed alaartl fiber infantry as voll aa ottor industries ia vfeieh tw asbestos prodaets ara used. ) Va ara my onto cammed to Jam toat action your Coapsny sod tto entire aobeatoe iadnatry flight taka to econtorect tide pcblicifcy, aad va oak specifically vbst infawtioo or help oar Association sight obtain la ortor to retot or at least alxdjdaa tto unfavorable lapreaslon greeted by this article. Beemuc tto raport la described aa a 'jrvlieiJwry 7106160'* vs esn reasonably aatlolpata follower pnhllflity* Ibis ecttcr la of vital concern to tto aatlra aatoatoa ladestry, aa vail aa to oar sprayed fifcsr lssodstleo> and va vill appreciate vtotovor ceanenta. saggiatlona end help year CDopsty sight provide. JTV/deo ? Verfceleo, IJ President tod i Mr* i. 3. Singer - &dth 1 Snzlar Cospoay Ur. J. H. mtkop - Bsldvin-SJxet-ra.il, lbs. Mr. H. L. levins - Asbeatoeprsy Corporation Spiaied Mineral Fiber Manufacturers Association, Inc. SUITE 2200, 14 WALL STREET, NEW YORK, N. Y. 10005 ftaab t* 2966 c fir fenrft# ttetf* foirmn CCBBtfctOO ' ftttftfc 4 bate Co^ontteD liate* tar-tamr ^TWHint to Bari ZooiWft 4atsd But* ktb* oofwrrrtag tt* ftll^ead btoXtti bawd of oJbectoo, X ifaiafe Mo imgwtlrti i a fool oat* ptfttortoittjr in rims of Mg pnoeort vtfctimhtp usat t nwiirr boaOladof jwoMtttooaitbftr. ftoJlteff. taSM^o Bart oaa b*2p oat ttto ^ ad X mid poSMBSXr flCpsoetafeo beta* aodfiad of tfao mtMng m tbo otter 4Uoatm tbs& tto? o jft to attend, if ppwtt** Tbo cxit&cfcl feportanM. c ttta bsUat aacri h&H07 be otmsod. roar prapt fc$Bt&c XU1 bo agprorrlatorf^ SS&MSOS/f xrEEaAl naen mm&a&saa ASsocxyna 22s, TMAat ; JW/b \j \J eoi ft* X* iortao* Asbtatarprttr CapcawfclrB ta^rWoost 3oXftda^fitapi*aui Ccopo^ / ft. ftt dtsopf, ft* ft* ifiaonx SreOttto Caro? ' ftofta BcftftTt Catwa.iftftr VSobwatea 4 fttfb - PLAINTIFF'S | EXHIBIT Boris Stern ft.OX* A. P. Mueller PRIVILEGED MATERIAL REDACTED' wavier.* Spraycraft, Uudcu Plant RefLT ar oatc* October 10, 1*170 CO A. it. Morgan p 7? W. M/ V7" Tlio foil owing is to report the currant status of and the proposed program tor the future o the Spraycraft operation at our Liudeu facilities. Material tor this report was obtained in discussions of the subject with Or. M. Lief by A. R. Morgan and the writer ou September 14, 1970, and various previous discussions aud phone calls. ` 1. Stntc,,of Current nusiness Spraycraft is marketed through both exclusive.;and non exclusive applicators and distributers. The exclusive applicator uses only "Spraycraft" material for which he reeeivos certain sales and technical- assistance from us, which is provided almost entirely by l)r. Morris Lief. Some'markets ere too large to be handled by one applicator New York City bciug an example where we have two, Empire Pyre Spray, Inc. and Hcrrii-5x*uwu, law. Our distribution by applicators, both exclusive and non exclusive in the various geographical areas is as follows: (a.) Yew York Citv - Empire Pyro-Spray, Inc. aud 1 ^ Morrell-Brown, Inc. Wc also have a small applicator ou Long Island. (b.) Philadelphia. . Pa. - Here wc had an applicator, the Venae Co., who began a job which was then closed down because of restriction instituted while the Job was in progress. This joh has since been finished with Monocole, a wet cementitious type produced by V. 11. Grace. Currently, wc hav no one in this area.* (e.) Yew .Icrscv - This* area is covered by the McGlor _ Co. of Hahway, Yew Jersey. (i.) Hnl timorij, Md.- Here we huvn an exclusive appilent John H. Hampshire of ?, y Maryland, who covers Ihe nrt' v-- braced by llallimnrc, j i- 1 ,m UoannUu, and XurfulK. C 15' 9 - C WTEt>tUy\L CORRESrOHOEHCE rtf* . M** jgojccrt Sprnycraft, Linden Plant (cent.) Ate* tepvr *t CC* . page 2 # .r PRIVILEGED MATERIAL ' } REDACTED (o.) XorVh am! South Carolina - Very little business * iu this area - insuXXieieat to support au applicator. ff.l Georcia - Here wc have another exclusive applicator - The German J. Russell . Plasterins Co. of Atlanta, Geor;ia. fir.} Cleveland, Ohio-Applicator has been Acme Arcina ^ ~~ Plasterins who has not been too active. As the result oX a complai and removal oX R. Toth, we lost position and Keene moved la. Dra slier claims we now have new ippJ eator in Cleveland who should be good Xor 30 truckloads over the uc; Xew months. Re also elaims a new account in Abron. (h. ) Cincinnati, Ohio Applicator is nrueggeman Co. who t date Has done but one job, the Formica building at Ath & Walnut. (i.) nctroit. Michigan -Wo representation. (j.) Chicago, Illinois -Applicator is Krucck Co,, who is not exclusive ami also applies Mouocotc. lie also bids jobs in U Cleveland and Toledo area. (k.) S t. Louis. Mo.- Applicator in this area is the " Robertson Company. (I.) Minnesota Wisconsin Aren - Very ixttle business to date. Probably covered by Soul tile Co. owned by Miles Kernhaher who also produces mineral wool. * A TOt *' * MOM* ,HTnMAL CORRfiSPONOCHCE juwter. Spraycraft, Unden Plant (cont.) OATt: MPtY OT: CCi page 3 V other* Areas - Vo-were formerly active on the Vest Coast _ but have now established a franchised producer in Vestcru Chemical of Los Angel* California. We receive royalties from this operator of approximately 512.00/lou Tcchuical Director or this, operation is a Mexican by the name of Manny Ucrrcra. Vc provide technical guidance (calls about --------- once a month) , and maintain U.L. and ICOO " listings at a cost of several hundred dollars per aumia. A.R. Morgan is chccki this eon tract arrangement with the Legal Department. During the period of Victor management el this plain, a subsidiary operation was bu: y at St. Thomas, Ontario. When Dana purch; Victor, their Caimuiuu subsidiary, Dana I sold it to Cartier Insulation, managed U; --------Rill Vilson. Ve have, however, retained Sprayeraft franchise and rceei'-e a :yal Vo provide technical service, maintain U listings cetitroi. Ve pay for U.L. listi maintenance and also fiuanee any new app A recent example is an application and approval by Canadian U.L. for Robertson* Irwin, a steel deck producer. Listing j tor a flo.or assembly,* steel floor in vwc designs. Listing fees and tests costs r moderate and Dr. Lief feels they arc Justified. A check on the disposition < royalty fees is also indicated here. 2, Volume of Business - Economics Our amnia] volume of business seems to have leveled out at a figure of 3000 Lous. Our bust year .was iydl when vjuu tons were sold, but this included the West Coast and Canada. Sales last year worn JOub tons; but sales this year to dale are running at about the jJOO ton pur annum' level. i c_ (HTcmiAL coRREtroMoencc (Is . f riex) jt6T. Spraycraft, Umlen Plant (cont.) OATti >.* CCi ftCPUT Y page <i $ s,, Sales price is $150/ton but some is sold At Sl'iO/ton. Cose (or labor, Uurdeu aud materials is said to be $100/leu. Gross profit is said to bo about 503, DotU of the,above .figures are to bo checked. *: v^r, Mineral.wool used Is purchased from the A & B Mfg. Co., successor to the Pott Morrell Co. of Bethlehem, Pa. This is now owned and Managed by Matt Morrell, brother of the deceased, and the employees. Cost of the wool is S1.00/3A lb.( bag .or approximately $60/tou. This is a very clean, shot free wool and probably the best available. Specifications for gradation are 2ft on 3/*t" mesh, less than 7.55 in the pan and the remainder equally retained ou the 1/2" and l/;t" screens. Test is hO grn sample in Jlotap for 15 minutes. Screen series is; 3A" 1/2", 1/*" and pan. In addition to the regular costs of producing the product, there appear to be other miscellaneous costs of operating this business as follows: (1.) Cost of repair of spray machines returned to Linden maintenance shops for lUis purpose. (2.) Cost of respirators furnished to field personnel. (5.) Cost of supplying hose, delivering muchiuc to field and maehanical trouble shooting on machines iii the field. Al Cinaglia and C. Brasher will be contacted to see how these charges are handled b> Accounting. 3. Competition Our competition consists of (a) four other producers of mineral wool based material suuh ;ih ours who are member* of the $MKH\, (b) several producers of similar materia) but mil'memhern or the Association, and (h) the producers of the esscnitiatJy non-fibruus, wet applied, cementitious WTCRHAl CORRESPCJUOEHCe OATCt HCPLT at?-- FROM* * CC* JUftjCCTs Spraycraft, Lindcu Plant (coat.) page 5 Tlic SMKMA member producers probably account for 70# of * mineral fiber type market which it is estimated to have an annual sales volume of $2,500,000 to $3,000,000.dopendins on the level of busiuess. The ether non-member mineral fiber producers such as Spraydou, Scaltito, et al . account for the remaining 30. The annual sales value of the noil-fibrous, vat applied, cementitious type is estimated to be ou the order of $2,000,000 and is sold by V. It. Grace, Cafeo and other small. producers. The SMFMA producers of the mineral wool type product, product names, compositions, etc. are as follows: (jrff"cnfco>- produced by 0. S. Mineral Wool of \ fii iTTTiTijii i i ll i 111j m n i n 111 ii. n i i ini m ) accounts fox*.about 40# of the association market, product consists of mlueral wool, asbestos, and binders. (b.) Ashestosnrav - produced by Asbestospray, Inc., of kewux'K, New Jersey (uert Levine, President) con sists of mineral wool, asbestos and binders. They also produce a specialty liue of high temperature spray on cements, consisting of mineral wool, amosite or crocidlllte and binders. They account for 13;; of the association business. a (c.) Pvrosnrnv - produced by Kccue Corporation (ex Huldwxu-hlhrcl-Uill). Ted Jcimcy is the manager. Product is composed of mineral wool, asbestos and binders and accounts for 20*,i of association market. They stay out of the Xev fork City uiarke and operate ou a contract basis with the ii*. own "Universal" machines. 2 PUAlMTIfr (d.) dohn-s-Manvl I l o - is an association member but has woimni i an ly withdrawn from the market. Their product, M-spray", was produced by Keene CorporaLi .on resale basis. l I IlfTCfiKAL COKESSPOMOfiMCg ATIi ACl'cr ftt. fCOUi suijcct* SprnycraXt, UjuIcu Plant (coat.) CCi page 6 The principal .uou-member producer of the* aiucral wool typo Is Spray on Insulation and Acoustics, Inc., a subsidiary ot Sprayou Uescarch Corp. Originated by Joses Kemp thorne with the assistance ot U. S. Gypsum, It has fallen into ovil company and is now controlled and operated by Louis Giaaboi and Stanley Fonfa ot MoiropoUtuu Spray, both of which have couuocviotts with the Mafia controlled construction trades in Yew York City. Their product is called "Spray Don" and accounts for most of the iion-mcmber business. Operations art concentrated in Yew York City and Miami, Florida. The noti-fibrous, cementitious, wet applied products arc produced principally by V, A. Grace aud U. S. Mineral Wool. "Monocotc", the V. R. Grace product is composed of vcrmieulite, gypsum and asbestos. Monospruy" is produced by U. S, Minoru 1 'Wool and exact .composition is uuJiuown. These products arc much heavier than the mineral wool, type applied density being lS-2'itf/f t.3 compared to 12-152/ for the fibrous type. Two similar products, 0. S. Gypsum's "Fire Kobe" and National Gypsum's "Klrcshicld" consisting essentially of gypsum, vcrmieulite and asbestos, have been in this field, but have now becu withdrawn from the market. PLAINTIFF'S INHIBIT 3252Ik) The wet applied, cementitious products have an advantage in that excessive dusting and discharge of fibrous materia into the atmosphere is much reduced, but they also have certain disadvanLuges as follows: (1) Cementitious type cannot be-applied in winter, because of freezing and fall-off. Our type of product can be applied at temperature* down to 3S"K, aud it usually dries before it can freeze. ; Kvcu if it dors freeze, fall off is rare, be caws of lew water content. (2) Ki bruits type is cheaper everywhere cxcrpi w.-st Coast. .. .... . *V C0ftRSr0iCUC3 7 OATCt Rt-r'.T If; *MOu< suBJtCT: Spraycraft, Linden IMuul (cent.) CCi page 7 (3.) The cementitious product Is harder, better looking, ami less subject to damage. It is therefore heavier aud requires more* ins tailed material requiring 3U more material by weight than the fibrous type. (*i.) Clean-up from overspray iu area is more ex pensive and must be scraped up rather than swept up. (5.} Requires the use of asbestos fibre and cracks vhcu asbestos is eliminated- (6.) Asbestos cannot be eliminated entirely, since vermieulite ore contains asbestos-lik'e fibers. h. Present Status - Asbestos - Health Jin sards (a) Xcv York City is pushing to outlaw asbestos in this type of product altogether. Cufco has Introduced rn . an asbestos free produet called C.ifco "Cf" which is felt to. eontain Portland Cement and bentonite, however, it is giving problems with fall off. V. It. Grace introduced an asbestos-free "Moiioeoto* product which failed U.L. tests.aud had to bo withdrawn from the market Doth Keene and Spraydon are claimed to have usbcsu.sfree products, but little is known of their composition. SMFMA has adopted rules to minimize problems which arc . purely suggestive aud not mandatory. Selikoff is claimed to have said that adoption of these practices would make the use of asbestos liveable. Hearings on the subject arc planucd in Xcw York for early November. To date, no positive action has been taken. (b) In Philadelphia, SMFMA is working with a Mr. Weaver of the Air Health Group to get a satisfactory ruling." (c) A hearing was held in Detroit and no further restriction: are expected now. h- (d) A set or proposed apptlea(ion rules have been sent to ' Columbus for consideration in the Slate of Ohio, bul 110 unit on lias brim repot* l ed . II wteshm- cormnscotioEMce TO* mom VJiitCTi Spraycraft, Liudeu Plant (cont.) OATS: *1 CO \ page 8 art 5. Program for Developing Asbestos - Free Product Xji studying this pi'ohlem, numerous substitute materials were considered as a possible replacement for asbestos. Fiberglass is no alternate for it Is considered hazardous when sprayed aud will not .withstand firo tost temperatures. Perlite has temperature resistance, but eauuot withstand pumplug, often as high as 25 floors. Ceramic fibers are intolerably expensive. ( * .. In the area of new binders, Lumuitc cement is also expensive aud in short supply. In order to reduce the high eost of U.L. approvals, it was decided to embark on a Joint development program with Asbestospray, Inc., of Newark, Now Jersey. This would split the estimated U.L. test costs ou the new product ($30,000 total), in addltien, Asbestospray can batch small quantities (10-15 bags), of experimental material which is difficult iu our continuous operation. Also, at Levine's request, Jolms-Manviilc has offered to help by naming small scale fire tests and conductivities ou experimental batches of material, The following experimental batches have now been prepared and tested with results as shown below. No Composition J.M. Fire Test M Min Wool so;;, Bentonite 3ft Luminite 10ft, Portland Cement <15#/fl3) <h) Min Vool SOS, Luminite 20ft (13i?At3) (c) Min Vool, 65ft 30ft Asbestos, 2*i hentonite (Peg Spruycraft) 2*5ft Sul Silica (12j/ct-') (<i) Miu Voel 73ft, Ce l) 11} ose rj.f** Portland Cemun t 20ft (c) Min Wunt 73ft, Ceramic K nJ,tt** 1 l.uumitc 20ft 111 min 112 min 115 win 115 min )IS min K 75*FMT .31 .32 .26 .35 33 >0*s susjtcTi Spraycraft -- Liudcu riant (cent.) page 9 In the spray out of these experimental batches, use of Deutonite alone was unsatisfactory, with the material falling apart when wet, but the audition of cement, Portland or Lumnite, seemed to help* Since ourmcetiog at Linden, the cellulose containing material (yjt cellulose, 20ft Portland Cement) has beeu sprayed out. Adhesion and consistcuey development was good, but the use of organic material is considered questionable from a test standpoint and would also present a manufacturing problem. It is felt this formulation should be avoided if some other method can bo employed to develop adhesion. The proposed formulation, consisting of 73ft mineral wool, 5ft bentonite, and 20ft Typo'ill (High early) cement, will therefor be prepared and sprayed out iu the comiug week. Results will be forwarded to the writer immediately. S No cost problems arc anticipated iu these formulations, as u matter of fact, they will prububiy be cheupwr than the current formulations, for most binders are cheaper than asbestos fibers. 6. U.I.. Approval on Asbestos-Free Product On September 29th, Dr. Morris Lief, Hcrt I.cviuc of Asbcstospray, aud the writer met with Russ Parks of U.J,,. at the Northbrook Offices. As the result of the meeting, it was agreed that Mr. Parks, on the part of U.I.. will set forth the number and types of floor and beam tests which they will require to approve the new formulation. Tests will be so solcctcU as to cover the greatest number of listings with each individual test to minimise Che costs. It is estimated that a total expenditure of $20,000 will be required, which would he equally shared by Carey and Ashes tos pray on a sponsor aud co-sponaftr lmsis. Mr. Paries investigation proposal should be iu our hands shortly. It would he uur recommendation that no program of lOKiiug he initialed until Uus ultimate formula, bulb from thu standpoint of thermal properties and spraying characteristics has been fully developed. %w. V IHTIRH.AL COBReSHOKOKlCB rtOi mom iutjtcTi spraycraft - Linden Plant (coni.) * OATCi KSPLT ST pago 10 7. Manufacturing Facilities at Linden In our recent visit to Linden, we spent some tine watching the operation of the $praycr:tft department* Since that time wo Uuve also studied the schematic drawing of the equipment Xo. Sllb7 oX 17 April 1909. It was reported that ve are now producing 6b bags or one pallet per hour using a five man crew. we were also told that in the past, ve have gotten as much as 10-11 pallets per shift instead of the S pallets per shift we are now producing. The difference was attributed to a green crew who have yet to develop a good working puce. Ve also understand that, we are operating at variance with the existing local and State Health regulations on allowable dust levels and could be shut down at any time. Costs of revising equipment end ins lulling proper Just collection equipment are estimated to be on the order of $15f900. It would be our recommendation that instead of spending this amount of money on a rather Improvised piece of manufacturing equipment, we consider picking up a good used lloekvool engineering Hag Packer. Such a piece of equipment is uow available at cite Midwest Hock Wool Corporation at VahastL, Indiana. This device would receive .Uic blcudud product in a fully enclosed muguvtinc, weigh the material, then fill and close the bag automatically without blowing product all over the opera tiny, area. If the new CormuLution is developed eliminating asbestos fiber only one charging station would be required. Ve could thus operate with one charger, one bag puck operator and one supply man, reducing the erew to three people. Purchase of our mineral wool in 750J bales instead of bags should also be considered, both as a cost .reduction (cost <* bass.) and us a means of increasing productivity. fftc* ( BBt X. I3B MUMV <#! flkm *7 U ( * rift lU (tfltic m mMm aft, w ttl *w tttw* tn> t. ns aMWtattC MftM<M hft* MM IMtlMS 4U Ml aw M MilUrU;, ^ J. "Ms Mac* f** ft*# imtl* Ms -- njat lft IV jm IV ? Miwia..! MS MllUtot 'ts fl>1 nviM M AMI *g tt. %. Ska Hsiil raasIlM U r. nM fUlBM aMfma. 5. i4(MM^iMi v* m4 uit tMn ilL?>tir, mi aMirtMs w . ewaci M Vr IMM r^MvM m. ft. . M Ma. wilt i, MftlvalMt t* |^D I. A.;*lMn yv BIB. 7. tafaHUi rt BMT BUp*M fm CMmm t'U Ml *Kfn } u TMla piBs 4M t*MU, 3. toto fmdiiV tyrtoa <! wjU I* ftiitt trii d1li< toftoto rato I MW M ImM (78) v*. -*- *--r* *M *Irrw*x* T* n 7E ifiartot tntoitoi'M m Arc*t ni ais>*. to v*t aiil ****--*ia 9i xMrUll Tau`*i** Vlto SW*r* laij^w fwUl/, Ma *."**Lsn* rt-liw/tlitCto.<;*.K**lmKl*'..il<t4riitA U r7*llyl tto/tCtwe U*p>;,aMU*wvitA 4f*r%;* 414 -M4.Mftmat%um9*R<f*fa*:tt. utaoJtlmto.i 7i mrw'jptttttK CMt^a*w x Jlr.i ;u2r **. b^itatn*fKLiiafa*tfl?4u ..to**a* *.1at* * ost.oj fIttoo,. *,4T 1a*!l.t ;4frtra^ toflito. to* S **! ats ^nmi to 1*1 'I* CM <tU 4 w. ns. t<oattmmi|m4 0y ftaul, stoi R wM nat > stert to towfc to* .*! %a um tova tolto Mbifto *i? -U to tto uiii *.? ... A 032*4 A 1 5ft 2.S*. "* :-v-'y.. - " <' .* ' * * .' .' , CmWUnMrUltMoMWUtgo.nUMMIam OAvtTarltmfWiwMA4ittMir.imU a.r,tui( :tnt*fremnc.aMtmoM*i*.uiOruUtt ilaUtumMrl MMidwyw|Mw.ta*i VM* mmttUrfma<MTy.a* toT I tf (ta qmrat m! ms mm! -tto a tol* Mto to TU. * * M as Mil a M n*l, art a Mitt Htttt. ItAtMs* hsgtMl*a*MMS*itatfi--u1r11t>tI.W4IUwltttyttri as Mil m pm%mSIS|M* imS Am Mia, S. & * V** kfw**to *to**?Ml*Iaf mi w*uOi >>a...X. W ysS. laaS)/9 ttl.*.i Waging lift Mto *pT1*iM MS tolls to* *S f^lMllM to UmI, MHaatoarM^MOtoi to Cs * to toast ftttii. fti nai iu U t*o*%* n, sttoostoto*sgsUattotlUiwSwttot ftototoitttoitltioanta*l*.*tIoiatot*utllgimi msammto*t S. Vito to* gsOttlV to jsfMmUc tti Ui fils' m 'rv *>t. ktod*ftaoniligi rMtiifa*ir ttoo*torr*fTs*tlotor Sto*toAi**Vt*%ImmuM I i. t u *. j, to* w f*nal* Sail V* to# l^i Z rttsil Ml rttootstliiiAaW?* u Ms (toMllM, >M Rj \S;> v. to* ft** fttnlt Mil V* ilMttiMi t* Wsart*; itta * t* n-lt IMS is IV*. to ft Vac. *1 a a.Vf-a'1 *f <at>ti Mlt 1* r^tus *m MJfiaC M* IV. Wa. . X SttMT /1 \\ . >*.' %H*Tto ftl UtiRlMI V Patent Office - 2,754,155 Patented July 10,19S6 of highly flexible tubing k feacncd Into (he conveyor 2,75445* hose. Fig. 10 is a fragmentary, sectional, schematic view. APPARATUS FOR USE B* PNEUMATIC SPRAYING OFUCHTtVEICKT rARTICLES THROUGH A CONVEYOR HOSE ** ibowiag the manner in which the iavtatiou may he an* * plktf at the discharge end of a conveyor be**, and Fig. IOb it a fragmentary sectional view, ttlMUating the man* James L. Kematbenw aod Frank M. Strntpf, Ctsabelh, ner in wbkb another unit, nt another point of the con* NTJa teid intmaf wl(Mr to Untied States Mineral vcyormay be used, in addition thereto. Wool Company, Borough ef Sranbope, N, J, a eorpaca Fig. Ilkafrapmentary,partlydevstiona!andsection* tleo of New Jersey 10 al view, illustrating the manner in which the mvcntioa Application April 25,19SS, Serial No. SU^St fOtea (CLMS-M) may be wed in connection with a conveyor boae having a conventional moistening apgaraca asocktsfl web the discharge end thereof. Fig. 12 k a fragmentary perspective view fflustratiag a TTik invention relates to the art of spraying materials, 1$ form of the invention including a section of highly flexible such as lightweight particles, pneumatically. When tueh tubing (shown ku in rig. S) in the length of conveyor lightweight particles--as. for example, granulated and hose, and powdered particles, light ftben and the like, are pneu* Fig. IJ k a fragmentary sectional view of the end por* maritally propelled through a conveyor hose and out of the dteharge cad thereof, they tend to "funnel" or to lion of another form of device embodying the invention. As shewn in the drawings, the apparatus of the invert* "flower out." making it difficult for the operator o dircet tion is adapted fur use in pneumatic spraying of light* ciil materials to the point desired; mueh wastage also weight particles *, fot example, rite pm ikies 20 (Fig. 5) recurs. Such paniclm. being light in weight are in* through a eonvc>M' ! os Imm 22, nU Imc 2uif m herefitly dusty or dost*genetiag. In fact, so much dust k normally encountered in pneumatic spraying of light* AS end 29 for coupling to n source 22 of pneumatic feed* ing of said particles into said end of the hose' under weight particles that the dust problem is a serious health .inertia urging snhl panicks to flow through the hose hazard and productk.t ptieWcm and has considerably in a tfircction parallel to longitudinal axis 22 thereof. hampered'the use of Ute nacumatic conveyor system for Unjjlhn particles in many appiulMlWll 161 wntch it The source 22 of pneumatic feeding nf the particles may be n conduit 24 cuumatted to or containing any niiabie would he otherwise well autted. 59 source of supply f partidea 20 under pneumatic pres* Ollier devices proposal m the prior an were found sure; as shown in uac example (Fig. 6), the source 24 wanting as they were bulky and awkward, dogged tasty, may bo the outlet end 25 of a blower 2f which draws created undesirable effects such as venturi effects or pankles from a suitable source 21 connected to the "d"eTMad** spots, allowed "b-wui.l--d.in..#g --urp" o--f --the "mate--r-i-a-l -b'einOg i| bwslowwwwefr m2w5 wbpy pp-i*p|'we m2Sm mour wthoew wtiknem. Suuource 2o2 ImIMaJy bVef conveyed, disturbed or stopped atomization, and proved 99 any suitable source which supplies panicles under pneu* unreliable and only spasmodically operative. marie pmSure and fvd them iuo the end 29 of hose The present invention overcomes these and other de* 20 under inenia ur- t them to flew through the hose ficieneies of the prior art by providing a novel apparatus and out of the dmh ;.ar end 29 thereof (Figs. S. lat, and method for use in pneumatic spraying of lightweight II). Pursuant in tltc twessnt invention, the particles will particles through a amveyor, more particularly described 40 be so discharged in a straight tine (stream 27 of Fig. !0m) below, and illustrated in the accompanying drawings. - m the plane in which said end of the hose is directed hy In the drawings: the operator. The h*w 21 may be made of any suitable Fig. t is a fragmentary sectional view of a conveyor material--for example, of a material of relatively inherent hose provided with an apparatus embodying the lavcn* rigidity so as to maintain ru cioai luiamal outline while lion. 40 the particles are ftd therethrough pneumatically. Fig. 2 k an enlarged transverse seeitonal view thereof, Liehlweieht particle* lack stability In flowing. and are taken on tine 2--2 of Fig. I. ' Fig. 2 k an enlarged, partly sectional view of a tube dusty in nature tav noted at Ji. Fit, i \ so that. ow"dtT Charag from the hi*w. they scriotHv contaminate the Nemiwbowdryiinnsg i(nhe* Minvvecnmtiwoan,. non*e nensd nof wwhiiricchn mmaoyf nhe* t, W the area_ULJ!dliiJl-llie^nania^^^^flravftF* Tli. disposed in the conveyor horn pursuant to the invention. heretofore wrewnted a substantial deterrent toTiiT^f Fig. 4 k a transverse mirpnwf view thereof, taken on such equipment anl presented an occupational jvi>arr. line4--4 of Fig. 2. endangering Use health or workmen, reducing the elWn? Fig. Ska partly fragmentary, longitudinal sectional cy.pi tne notfraimn ;imi_<reanng coustocraftic otminion vkw of a conveyor hose embodying the invention, shown gg tQ-the urn of ti^* conveyor wn-m for snravmo coupled so a source of pneumatic feeding of particles thereinto, lightweight ryrintg*mmanuitwiaiLninmwherein .. on**j. wise would may twi highly desirahlc. Fig. 6 k an illustrative fragmentary elevaiionat view of one of many means useful for pneumatie feeding of inc present imveuoa. these objections are fVerCOm^.by *** P^vumn of a novel apparatus, includ* lightweight particles into a conveyor, which may be used * !LaZ"?Su*t ?* <F}* 7)* 9re*crahJr medially in connection with the invention, !SL^^ *?"*?**? opposmlends 22. 24 Fig. 7 is a schematic perspective view, shoeing a pneu* S 7)* ** ,uh* " *"!*** mane conveyor hose (in dettcJ tines) provided witlt an apparatus embodying the invention. Fig. 7a is a similar bus fragmentary view of another form thereof. Fig. | is a perspective view of a conveyor hose embody* gg bent longitudinally to define the outline of a very g.adtul fl. as shown in the drawings--a form found to K.* pur* ticulariy suited for currying out the invention; the in. ventien, however, k not limited to the specific form of tube 21. The end 24 of the tube is adapted to be mounted exteriorly of the hem, with the bent and streamlined *ng rite invention, showing a form of valve control mech* pn;:ion 22 of llie tube (Fig. I) passing through an aper. anism which may be used m concetion therewith. 70 M the hose. The tube b so proportioned tlui Fig. 9 it a partly broken, fragmentary lonpitudinal sec* the end 22 opposite the mounted end 24 will h< dr%. tional view of x form of the invention wherein a leogth posed iu the boe aod directed toward the discharge end 3,794,199 34 of tbe hose. Gas and liquid lines 49, 44 are eenaeetcd hose nozzle 45 provided with conventional water and air to the wousifd ead 94 of the rate 91 (Fig. 7), whereby tines 44, 47 controlled by valves 44*. 47*. liquid uoder pressure may be connected to the tube ex The present invention may be use~ to add various teriorly of the hose, to provide a spray 94 internally of liquids, such as oil, water, binding ageou, coloring agents the hose and directed toward the discharge end thereof, < and catalytic agents, to panielcs pneumatically sprayed. ie the path of movement of the particles 24 through the Suitable controls may be provided for the apparatus, hose. Said panicle* 28, in flowing into the spray intern* sueh as, for example, to provide for the flow of air or ally of the hose (Fig. $) will be pre-wet thereby; the dust other gas through the tub* 49 continuously while the condition is eliminated and the pxitictea then adhere to projected straight lines on discharge from the hose and 19 source alive. 29 of Thus, pfnoeruemxaatmicpfleee, dioingthoef the ease poarfticalepsneitumopaetirc- to the point toward which said discharge end of the hose feeding system such as shown (n Fig. 4. the gas line 43 fa directed by the operator (97. Fig. IQ*). may be cootrotted so ss to operate continuously while the The end 99 of the tube 91 deposed in the hose 21 pertietes a fed fram the hopper 27 end through tha is preferably (Fig. 2) disposed in substantially the cross sectional center 99 of the hose 21. 15 discharge end 25 found convenient olof Ac blower 24. This expedient is avoid any possible fouling of the If desired, the gas and liquid lines 42, 44, may bo JtwWge end 93 of the tube 31 by any residue or snail connected directly to the cod 94 of the tube 91 as io amounts of liquid which might otherwise collect at or Fig. 7 nr to a V or other fitting such as shown at 79, flow out of the discharge end 33 of the tube 31 after Fig. 7, said filtting in turn being connected to the end the shutting off of the liquid supply, whereupon, on re- 94 of tube 31. As shown in Figs. 3 and 7, a second tubo 29 turning the pneumatic feeding of particles the latter might 48 may be provided entering the cad 94 of tube 91 as adhere to anti contaminate the discharge end 33 of tube shown in dotted tines. Fig. 7. or extending from that 3t and build up on areas of the host upon which the point to the very end 99 of tube 31, as shown in Fig. 3 * liquid drained. Hence, in accordance with this invention or to any intermediate point As shown in Fig. 13, ooc the gas line 43 Is preferably operated essentially eon- tube 9i* may be disposed outside or apart from the 22 tmooutly or for x predetermined length of time after other, 49*. Tubes 31 and 49 (Fig. 7) or the idling 73 cutting off of the liquid line 44 ano the panicle source 23. of Fig. 7* may be ecnsecttd exterioriy of the hose with and likewise in ativance of their being turned on again. the gas and liquid tines for the liquid to be sprayed under pressure. To facilitate control by the operator for the above and other reasons, an cteetrie valve sueh as solenoid valve 51 If desired, the discharge end 29 of tube 21 may be 29 for control of the liquid tine 44 may be provided, and aa formed as a straight section 42 (Fig. 5) parallel to the . cleetrie valve sueh a solenoid 52 for the control of the gas longitudinal axis 22 of the hose; In the form shown to tine 49 may be provided. Said solenoids may be con Fig. 9. both tubes 31 and 40 are formed with straight nected, as hy the wires 51* and 52* with suitable button* sections at the discharge end 33. If the discharge ends SU and 52b in a switch unit or means S3 which may of the tubes 31 and 48 arc in registry (as ia Fig. 3) very 2* be mounted on the hose at the discharge end thereof favorable results are attained, but tube 48 may, as above (Fig. t). Hand actuated valves 54, 55 may be provided noted, be of lesser length than tub* 3L. if desired. for said liquid and gas lines 44 amt *9. The operator When two tubes 31, 48 arc used in carrying out the in is thus enabled to control end regulate the relative flow vention, they may be connected exteriorly of the hose to and ratio of ga* to liquid internally of conveyor hose 21. gas and liquid tines 43, 44, which may be coupled to <9 (hereby predetermining the degree of pre-wetting of the said tubes by the use of any desired or convenient means, jutrticier29 purvuat to the invention. such as by connecting the ends of said tubes to coupling An clcctrie vyJ.e. sueh as a solenoid 54 (Fig. g), mar sections 45, 44 (Fg. 7) for engagement with comple b* provided to eunirol the source 29 of pneumatie feed- mentary coupling member sections 47, 44 to which the ing of the particles: said solenoid may be connected, a* gas and liquid tines 49 and 44 may he coaaeeted. 7be ** hy wire 54* with switch 53, having a buitnn 544 for the opposite ends (not shown) of the gas and liquid lines said solenoid, and a hand actuated valve 57 may be may he respectively connected to an air compressor or provided to further control the flow of panicles from compressed air system and to a source of supply of water source 23. under pressure, or to n conventional water supply faucet. Tbe hose 21 i* preferably of relatively inherent rigidity The inner cube (48) may cither be the liquid tube nr gas 99 ao as to maintain it* erms-sectional outline while paniele* tube; tbe outer tube being correspondingly either the gas are feu therethrough pneumatically. A length of hose 4ft or liquid tube. Tbe coupling sections, 44, 45 and tubes 49, 31 may (Fig. 7) be fixed to a bracket 49 to which (Fig. 9) of cor* tprasling rigidity may be provided spaced from hwte 21 Hut* 21 may he nut in provide tiir cm.t a separable section 59 may be connected by bolts 51 or section 99) and a tencih of highly flexible ttihintt 41 may the like, lo figjljtate damping said bracket to the hose be scftircil inicnm.-Ut.ite said section* 48 and 21 if cn 21. Relative dtatextions of the pans may be approxi veyor hose 21. &ud length of highly flexible tubing f.i mately theae shown in Fig. 7 in a fora found suitable for practicing!})* invention. In sueh proportions, tubes 48 and 91 arc of fine size and adf<!eaning. The outer tube may be tapered (as at 99, Fig. 3) toward the end 29 of boss 21 if desired to enhance the streamlined, self- g0 ia preferably made of very thin material such a* rubber, so as to be flexible and substantially ks* rigid than the hose sections, and erm* seasonally unstable during tie pneumatic feeding *f partieks 28. The flcaible tubing 4! cleaning action. will thus lend lo Ik* anti move during sueh feeding, a- Tbe tube 3i may be mounted adjacent the point of poeumttie feeding of the particles into the end 97 uf hose indicated hy the dotted line 42 (Fig. )) to thereby conn tcraet any tendency >*f the particles to build up in flowing 29,.as shown in Fig. $, or may be mounted adjacent the 4S through the tubing and n> break up any hmlj-up. Tin* discharge end 29 of said hose as shown in Fig. 10*. workmen can. hy squeezing tubing 41 if necessary, sqp- Likewise the tube 31 ns shewn ip Fig. 10*. may be used pleittent it* actum. To facilitate securing the tubing at solely for pre-wetting the particles, or ii may be used in between the scctusm of hose, rigid collars may he pro association with n second tube, 31*. shown in Fig. IOh. vided as fcttfj at fc.t. 44. and said tubing and how of similar structure and corresponding with the tube 9t ?0 turns may k eirntwctcti tisercin a* *4to*n in He. **. in the details above described and positioned in the hose The flexible tats* 41 may be introduced tor went intermediate the discharge end 29 thereof and the intake reasons: If the panicle feed rate decreases, e\c**ive cad 39 thereof. Or, as shown in Fig. 11, the tube 31 liquid may cause particles to uirk to the side; if the may be positioned ia the hose iatermcJUte its cuds 29, particle flow temporarily stops due to running out of ra- 39 and used la association with a eooveational type of 7 tcria), sticking may again occur, la sueh cates, the Acs- 4 a,7,ie ibk lobe wfll tort to be self ctesniag. or css be squeezed or ca^iy removed for drafting. . ,a U desired, o rigid frame ti may be provided (or use .fa roancctiou with flexible tnbe *1. Said frame may be feeding, to thereby eouMcruct soy tcodeoey of the par ticles to boAd up in flowing through the flexible whine. 3. An apparatus for ums m the pneumatic spraying o( lightweight particles through a conveyor boat, said hose filed as st 09 adjacent the point of pneomsue feeding bavin* n dbcharge end opening into the ambient atmos o/ 4* po/iicks (mo ihc end >9 of the how 21 sod bavin* phere nod bavin* n second end for coupling to a source a free cod 79 remote therefrom, thereby safeguarding Of pneumatic feeding of said particles into said bow tuM* 01 tnm boa* folded responsive to auaipulatioo of the hew by the operator. A flange 71 may bo pro- under inertia ur*in* said particles to flow through the bote parilet to the kmpttwdinai ails of the bow. tod vhkd at the free end 70 of frame it, bavin* ti*id col- 19 mu of th* opposite discharge end of dm hew directly lar 72 for rrnwminn of the flexible tubio* il therewith, hue the ftftrjimi atmosphere at that cod of the horn and as shown is Pi*. 12. in the pilot to which said end of the how k directed. Having thw described our invention, what we claim said apparent compming ait doegakd tube, one cad of as ocw and desire to secure by Letters Patent is: acid tube being adapted to be mounted exteriorly of the 1. An ifHiintiu for we io pneumatic spraying of 3* hose, a pardon of the tube pasted through ae aperture lightweight particles through a conveyor hose, said how te the how. said tube being so proportioned nod dts- having a dteharge cad opening into the ambient atmos- posed thw the cad thereof opposite the so mounted cad pbere and bava* a second end for coupling to a source of will be dhpoicd la the how* directed toward the dis- pneumatic (ceding of aid particles into said how under charge end of Che how. and a reread, open tube mounted taenia urging sum! purtkles to fiww tiniMgb the 1mm to with*a tlU tot am.:Ltd tubs and coextensive there- parallel to the longitudinal axis of the hose, and out of with, whssuby air and water lines may be connected to the opposite, dbcharge end, of the hose directly into the the tubes exteriorly of the hose, so provide a spray inter* ambient aMphere at the end of the how aad in the nelly of the hose, directed toward (he discharge ead tbere- pia* to which said cod of the hose is directed, said of, in the path of movement of the particles through the apparatus compruing an elongated tube beat so as to gg hose, so that said panicles, la flowing into said spray dispose its opposite ends in offset relation, ooc csd of internally of the hose, will be pre-wet thereby, aad win said tube bong adapted to be mounted exteriorly of the therefore adhere to a prejmed line oo discharge from base, with 9* bent portion of the tuba passed through the hew and toward the point to which tba dbcharge aa aperture io the hose, said tube being so proportioned ead of the bow b directed, and the setting up tod carrying and bent that the ead thereof opposite the to mounted of dust hcyoatl the spray tad of the tuba in said bow ead will bn deposed to he how aad directed toward the ad out of the dbcharge cad of the bow It essentially dbcharge cad of the hose, whereby liquid may be con nected to the tube exteriorly of the hose to provide a 4. to aa apparatus a* wt forth ia claim 3, straight spray iatcnmtty of the boc ami directed toward the dis section* formed inwardly of the open cads of said tubes charge cad thereof, in the path of movement of the par- aad dhtun ed parallel hi the toagtfodfral axis of the hose, ticks through the how, so that said panicles, in flowing aid tabes being formed, imsmcdbic said straight sec hue said spray internally of the hose, wilt bo pre-wet. tions aad the point of entry of said tabes into the hose, thereby, and wiB therefore adhere to a projected line oo at aa acanc angle to the longitudinal axis of the hose. discharge from the how aad toward the point to which 5. la aa apparatus as set forth in data 3, said first the discharge cad of the hose is directed, aad the setting 49 mentioned tube being tapered toward the open cad of we up aad carrying of dust beyond the spray cod of tba hose. lube in said bow aad out of the discharge cad of the ibss apparatus s wt forth la data 3. control hose will be essentially eliminated. means coonetted to sail air aad water tines exteriorly of 2. la as apparatus as set forth ia data 1, said how the how for the comiauatios of opetatiot of the sir being of relatively inherent rigidity so as lo its 4f line for a predetermined period after cfattiog off, aad ia cross-sectional outline while said partklee are so fed advanes of turning on, of the liquid line. through the bow, a second length of bow of corresponding rigidity spaced from the tot-mettiooed how, aad a ftsferesew Cited la the Ha of this patent length of highly flexible tubing secured to said soeood and tot-mentioned how sections, said tubtag beiag of *0 UNITED STATES PATENTS 430,551 substantially less rigidity than the how sections aad beiag 1,792490 Kitk------- cmsT trrrinaoHy unstable during said pneumatic feeding 24*144? of the partieki through the bow sections, whereby said 2491.414 TV, 5*' 10< flexible tubing will wad 10 flex aad move duriag such 24*0,499 -....... Sept. If, 1931 July 10. 1956 apparatus j. u pc* use tkxepmnpeutmhaotirc nscpjuycxtnaclop 2,754,15s tzcHrvcxcHT PAATZCUS THROUGH A CONVEYOR HOSE flirt April 25, ItSS 3 SA*l-Sb*t 3 o7a> tt Wa '*** *e&*A/*r />f trr4//>t*><e *rS ------------ V ATTORNEY.* I July 10. 1956 J. t_ KEMPTHORNE PT At 2,754,155 APPARATUS m USE 111 PNEUMATIC SPRAYING OP LXCHTTEIGHT PARTICLES THROUGH A CONVEYOR HOSE Filtd April 29. 1999 91 July 10* 1956 apparatus forJU. S^E IKNEPMKPECTVHATOXRC NSEPRAEYtTJIASL0? LicwTtc2fc7H5T4*'I1C5C5 _. PARTICLES THROUGH A C0:.*V'/0R HOSE Filed April 2*, 195S 3 Sbatt9-Sht 2 UUU'Ji / n --EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCuffiSlW " EMPLOYERS MUTUAL FIRE INSURANCE COMPANY HOME OFFICE: WAUSAU. WISCONSIN Mr. 7* M. Stuipf Fieo-Presldent, Research Columbia Acoustics and Fireproofing Company Stanhope, Nv Jersey Address Reply T* iMPHtbIWttTu4taHtI.iUiuiwTUvi*.ttialliC*IH**I^* NOUM t*lH September 23, 1957 Dear Mr* Stuapfi Thanks eery much for 7our latter of September 17, 1957, firing us the composition of your CA7C0 Spray. My interest la this material originated vhen I sav a company applying this material to a ceiling, and noticed that considerable dust vaa present* From ay obserrations. of the material, X concluded that some asbestos vas present, and taow-. ing of the possible harmful effects on the lun^s from breathing asbestos, X vrote you the letter inquiring about the composition of this material* As industrial hygiene engineers, ve need to know the extent of the hazards*so that we can recoaaend proper medical and engineering con trols and prerent the dispersion of dust into the ahaosphere which would be in the breathing zone of the man applying the material* Ve are veil aware of the relatlrely inert nature of mineral wool. - X suspect that the percentage of asbestos in the total mlx*is relatirely small, but ve would like to kaow the percentage of asbestos in this mix so that we ean recommend the proper medical and engineering controls* Ve hare in mind the recommending of* a physical examination and ehest x-ray for men exposed to dust from this material, if the asbestos eon- teat Is high enough to justify such a reeomendatlon* Vlll you therefore giro us additional information on this material* Any information which you giro us will be kept confidential and used only from an industrial hygiene riew point* * Plange-ML 14 'Very tjuly yours /-' '<ZtuL/ Industrial Kygieoe Engl* October 3, 1957 Hr* ?aul Unff* nplc7rs .'Mtuols of .Vausau 6620 '<* Capital jrive Milwaukee 16, Wisconsin -ear Hr* lancet With reference to your letter of September 23, 1957, the asbestoe content in CAPCO Spray is u you indicated, relatively sail* > The anoint of dust produced during application is dependent upon the Teed rate, and the .mount of water used to vet the fiber* The eeepa^r has available a dust control systea which aost appli cators use* This device ellainates aost of the dust* The dust that is ^rodueed can be ellaiaated with adequate ventila tion* If working conditions are sueh that the area is dusty, then respirators should be used* The respirators available fr this Ccepaqr, and tho type supplied with the application equipnent are approved by the Oureau of Mines as Permissible Respirators for dusts, anil Pneuaoeonioels - !h*oducing aists* Please aavise if you require any further information* ro/ad SC: J. ?. Vartudar. Sai'eo F, M* Stuwpf Vice President - Research 2 PLAINTIFF'S i exhibit rlAINTiFF'S IXHItlT met THE ORIGINAL FR.CD ON PAUL KAY and SYLVIA KAY bla !<* plaintiff#, IN THt CIRCUIT COURT OT TXt 11TK JUDICIAL CIRCUIT IN AND TOR OADC COUNTY. FLORIOA GENERAL JURISDICTION OIVXStOM CASE NO.i Florida tar Moa.s Rabat! E. Malabar*: 2*5474 David K. Llpoan: 2*0054 PITTSIURCH-eOGNINC CORPORATION. Individually and a* ouecaaaer to UKARGO INDUSTRIES. INC. A Ponnaylvanio Corporation: ARMSTRONG WORLD INDUSTRIES. INC., retoarly Known aa Acaatron* corK Comaany. a fannoylvanla Corporation: THE. CELOTtX CORPORATION. auecaaaet'ln*lntacaat to PHILIP CAREY MANUFACTURING CO.. PHILIP CAREY CORPORATION. BRIGGS MANUFACTURING CO., and PAMACON CORPORATION, a OaUvtt* Corporation: EACLE-PICHCR INDUSTRIES. INC., an Ohio Corporation: N1COLCT. INC., Individually and eueeeaeor*tn*interoot to KEASSY* MaTTISON company. A Pannaylvanla Corporation} OVDrS'CORNlNG riSERGLAS CORP.. a Delaware Corporation: U. S. MINERAL PRODUCTS COMPANY, a Maw Jorooy Corporation: V. R. GRACE ft CO. a Connecticut Corporation STANDARO INSUUTIONS. INC., (oroarly STANOARO ASBESTOS MANUFACTURING 4 INSULATING CO. a Mlaeourl Corporation: NATIONAL GYPSUM COMPANY o Dolowaro Corporation: SCENE CORPORATION, tndividuolly ond aa auectaaor* in-intoroat to tho BALOWIN-CXRCT-HILL COMPANY, ond KEENE BUILDING PRODUCTS COMPANY, and EKRET MAGNESIA MANUFACTURING COMPANY, a Now York Corporation: CAT CORPORATION, a Dolowaro Corporation! CARET CANADA. INC.. o Foralsn Corporation: comrvstion cMGiwtERiwe. tue. Otlmct (otMtttiMt CROWN. COM * SEAL CWANY. INC.. Now Tori Corporotlon; CWENS'tlUMOtS, INC.. A OMO Corporation; lAisn refractories. Otvlalon of Kalaar Aluolmio and Chtalcal Corporation, t California Corporation; QU1CLET COMPANY. INC..' a Now York Corporation; RAftCOCX & WILCOX COMPANT. a Oolawaro Coapany: XAMtNSOH'WAUU. a DWUloo of Oraaaor tnduatrlaa. Inc.. a Pannaylvaaia Corporation; EICCbOV'UPTAX CORPORATION, a Michigan Corporation; GENERAL REFRACTORIES COMPANY, a Oolawaro Corporation; A. P. CREEK REFRACTORIES COMPANY, a Oolavata Corporation; UNITED STATES CYPSUK COMPANY, a Oolawaro Corporation: CK1CACO/VEUSVJLLC flRS ERICK CO., on llllnolo Corporotlon; NATIONAL REFRACTORIES, a Dalawara Corporacloni MATtONAL LEAD, an Ohio Corporation; ROCK WOOL MANUFACTURING CO.. XNC*. an Alabaoo Corporation; FORTT'EtCHT INSULATIONS. INC. an llllnolo Corporotlon; RATMARX INDUSTRIES. INC..' auceataot*ln*lntoraat to Rayboalea'Manhattan, Ine. A Forottn Corporation, Dafandanta. CWIAIHI Plolntlffa. PAUL KAY and SYLVIA KAY. hia vtfa. awa Dofandantat P1TTSEURCN-C0RNIN6 CORPORATION. Individually and aa awecaaaor to UMARCO INDUSTRIES. INC., a Pannaylvanta Corporation; ARMSTRONG WORLD INDUSTRIES. INC., fotnatly known 2 wm rv <*< # TW ni I Am fin^li m4..>HW4A.mV*v. m1M.MlWw JrJt .*|! I EXHIBIT // HfHrn^L Asbestos Exposure and Neoplasia /mn| J. SMtof, JfX>. /ani CW|. MD, and E. Cmyl'm Hmmmnnd. OV, AW yrt liiUW mW inilailt varkfti lim relatival? light. iwamfctsdt* espoauiu to r1----- or 412 ImolatUu nikm. who MW the trade before )%U and vm treaed ihreuch 1442. forty-five died af emmt af tba tu*g or pleura, whwi only U web deaths m nf*u4 Three ef the pkvrd tBBww were natftellww; there m al toe p>ritiwl BMvotbelio* M. Four MkliKW SB total af 2SS 4mlu < an nnWimlv high iaridftwf far rh i rare tumor. In iMlian, aa oan* pfflHIy large aunther f am AH of earn* m a( the Momirh, raloa. or rtrtmu (24 maparrd with 4.4 IHher ran. pfn were aol iomawrf: 20,5 were rtpeeird. 21 errurml. Twelvr men died of b*ior*. lthough pulmonary carcinoma had Akhwn >Wnwd m tlie earbrst studies of asbes tosis. association Wrtwcrn the two eonditlom was first suggested hy Lynch and Smith in 1935.* Ad* dltionat reports of such association folWad Per* laps the most striking data was presented in the annual rqaat of lie Chief Inspector of Factors of Great Britain for 1965.* Every death with a** heatmis m the file* of the Factory Department, fmm the first recognition of ashestmh as a disease entity, was studied. Aitogether 365 such deaths were recorded (1924*19651. Sixty-five or 17.8% were found to be accompanied by cancer of the King or pleura. DoU.' after reviewing the problem and add* tug data of his men. concluded that hmg cancer was a specific industrial hazard of heavily expuaed asbestos wsrim. Nevertheless, some Investigators have held that, while thaw obawvticm might ba suggestive, they did net establish an increased incidence of card* aoma of dw lung Ib pulmonary asbeatotir. and further, that the inrlitinn was unproved. Tto factor cf iitortino was ceotidciwd a poten tial t ulmi in evaluating reports of autopay series. It was noted that oompflcaaad asd unusual cases would bt snore liktiv to com to autopsy, thus ratify tba apparent frequency of associated .lung inqihirif- Furtbar. it was argued that *utapajr -*i*L wfodi dealt with particular groups W tins who* died, do not reflect total populations ef asbaetos workers.* Addition*! resarvatkau were baaed on the frequant >barer-* of dau regarding IT. II s;.T-- ItVI JLltSt exposure, smoking hob*, and htilorv, on the step of series, and a verificatiem in tome cases. Within the loot few yean a number of irtdmwl probUmr connected with sab tins ospweeo hove appeared, making dartflcuHon and reeeiutioo of the fcuegoing statistical uncertainty a matter of con siderable (mown. First, there baa been peat)? increased use of the various types ef asbestos (a five-fold increase in wurld utilization of tba group ef minerals, from 500.000 torn to ILSOOlOOO tons per veer in the last 30 years J. aa well as a greatly in- cremed number and variety of mdnafriai applica tions at asbestos (over 3.IXJ0 such uses auw re corded!. Snood. tusfMcion has hven crowing that iiuliinMiity omcmIuI with asbatos exposure mav include neoplasms other than am-mnma of tlte tuns. Thus, a significant relationship far been claimed Ixlvwii diffuse ineMNhrltnute of (iwr piniM atul peritoneum ami asbestos nprauie.' Tliis cmiimuntc*tin is comrmed with Investi* catims undertaken to Mtidy tl** following iorton: 11 * ll* incidence <4 deaths due to pulmonary cat* i-inmru armmg a group of worker* espuwd to av hr>tm limin' I'nilid Mate* industrial cuoditiom in the past several decodes. (2l whether or not such individuals would also he found to have an increased risk of utlier neoplasm*. ami (3) whether such risks would he present in on industry oilier than the asbestos-producing or asbestos*products industries, with which must reports in the past have been concerned hut which would not nee* essorily represent the mast important areas of as bestos exposure at this time. Further, it was hoped (list study of an industry with asbattot exposure of limited extent and inteatity would throw some tight an tbs potential problems aonciated with minimal exposure to asbestos. MaUrali and Methods Our investigations have been cootaiwd with 1.522 members of the Asbestos Workers Udan in the New York metropoktaa are*, members of New York Local 12 and Newark, Nj. Local 32 of the International Aswafotion of Heat and Frost Irmi* lators and Ashestm Workers. As the bill tide Im plies. three men arr uuuUtkxt workers. Although the union U considered one of the building-trades unions, its members do insulation work in a va riety of industries, including shipbuilding. Called "laggen* in Crest Britain, tliey are often desig nated "pipe coveren," "InsuUton,* or 'asbestos workers* in this country. The union is one of tire oldest in tire country. u.*. -jtn** S . J1iIl6AIHHXI1V l d | ( Vat IM, I ASBESTOS EXKHVW-IEUXOfT ET At* * THa New Tarit fecal as the "Salamander Associa tion of Bader sad Ftps Felton.* was thr first Mini of fi^rW*** <waUu to ths United States. It soul* Kunated wflb edtor ball as the cunoit AxbcsSor Workers Utoon hi 1911 The stability of this date has be-- reiwtid la the toehffey af Mi i ship raDs. *Ooeo a pipotoMror. ihays a end ha made this poop of able far the study of ioo|4tnt affects of has tohaktion. Uatte utoUied wfca t he nhatioa tohafetinu la paddy paid then to Btife tohar tons-- emo* wdat.Amrtli employ--nt records era tained by the aha. which has aba baea earned with health probfe-- to the industry. The toads woe bodfy hit during the depre some mb had to drop aat aad very few were added dmtog the Ws. By the aad of 1942 the uiMoa relb eeaatotod --inly of men with ceowd* arable experience, plot a few who joined to 1940. 1941. and 1942. Between 1946 aad 1962 omen membership increased substantially. Source of Oeas.--From union records, a list was prepared of every individual who waa a member of other of the metropolitaa locals on Dee 31. 1942, or whoJoined between that date and Dee 31, 1961 No one was emitted, whatever his subse quent wodt history. The 1942 hit included 632 men: 690 men joined after 1911 Personal data were obtained from union record*, and the work history of each man was detailed, including withdrawal fnn employment I war ser vice. other ORptoymcnt. retirement, illness). These data gave the baseline for calculation of the onset and duration of exposure. For members who had died, records <d the Health aad Welfare Fuad prm tided date and place of death. Copies of death certificates ware obtained on all but one of them. Autopsy protocols, histological specimens, and hos pital records eve obtained and reviewed in those deaths, approximately ooe half, in which the ter minal Dims had occurred In a hospital. Statistical Aaafyris Prrrimn studies have sug gested that nceplmia aiaodeted with asbmtoato sel dom occurs until 99 yean after first exposure to as- bestea dust Therefore. we decided to Umit thr present analysis to area with such an exposure history. Our mmpleta records cover all memhen of the uaami ftoriodtog active aad retired mem bers, both dnd aad alive) during the 39-yeir period fiem jea 1, 1943. through Dec 31, 1961 However, with few exceptions, the only mm with a history of 29 years or longer since first exposure to asbeatee were the 632 men on tie unioo rolls as of Jan 1, 1911 {The exceptions were a few men who joined the union after Jan 1, 1943, but who had been employed previously as asbestos wnrkers elsewhere.) Of thos 032 men. 235 died before Jan 1, 1983. TaWe t.-Uan-YMft ot Cseertence of &32 Astottos Vrerfters tipnurt to Ubwtw Oust 20 vMerer tea** " IBM iInMSs tmiMnOss MIA aai.e att.e ime M sja u u uua mrno* uISuM M aaxa *. m* MIJ * me .. JIM Bl IS1A4 ^maasn^m urns mrno* 79 . l 1 ISO * sose IU.I S44.S tut art ms axs aa --V UJU tmwoi Uy.J9 SIM . sea s >* snsxsea misres ni m ISA AAUA 7* , Of these 632 men. 339 bad been expomd to as bestos dust prior to 1921 In ether wards, as of Jan 1. 1943, 20 yean or longer had elapsed atooe these 339 men were first irpuisj. The remaining 293 men reached the 2^years-fince-first-cxposm point at soma time after Jaa 1,1943, aad before tbe end of 1961 Tbe 339 man who were first exposed prior to 1924 were counted to each of the 20 yean (or up to the time of deeth of those who died). TTie 233 who were first exposed in 1924 or later were counted only after they reached the 20yean-sincv- firat-exposure point (those who died being dropped at the time of death). When the statistics were completed, we found that wg had records covering a* total of 3.737J5 man-years of experience of men with a history of 20 yean or longer since first exposure to asbestos dust Of the 8,737.5 man-ycan, 1912.0 were to thr five- year period 194119(7; 2.478.0 were in the pt*nml 194S-1952; wrre to the period 1953-1937. and 2.011.0 were in the period 193S-19ftl Tabic 1 shown tlw age distribution uf the maivyeun in cudi of tluwe five-year periods. Table 2 shims (11 the average age-specific death rates of all US white.males during each of these periods, and (2' the average age-specific death ratn from ciocer uf the King, pleura. mediastinum, and trachea among US white malm during each period, as reported by the US National Office of Vital Statistics. The man-years were then multiplied by the cor responding reported US deeth rates to ascertain the expected number of deaths under the null Hypothesis that the deeth rates of ashestc* workers do not differ from death rates of all US white males (both age and date being taken into consid eration). The results arc summarised io Table 3. Rendu ^ Total Deeth*.--During the first five vean> i iwv 1947) only 28 deaths occurred among the uinus . workers, whereas 39.7 deaths would havr uimd had their age-specific death rates been the as for all US w*hite males during those years ( fa- * ble 3). In otlter words, at the start uf the ttudv. tlw asbestos workers had below average death rates. This Is by no means surprising. IncWd. swell AS1CST0S exposure--scuxorf CT AL JAJfA, A*rll . 1*4 jtym 2^--Total OhM aid OaatN from C*e*r of fho Lung. R/uwetiua. Piovra. ModtasKmaN. and Trachea per 10.000 WMi Mate* ptr Tear* mam) TWI let Comm* ss as lii ISS m ass 04 77 (AO Ml "s t s t " --> S " a tMOIW T4l low CMVI SO 41 1 7f s ' "Ik " 1s iee a sat n ir .11 ms it sis 10 uu * ISO 1* maiiw MO ts 0 71 its US m 14 saa in UK mi mu -----Vm-1t Cm IS 1 41 1 >0 3 "lia t STS 11 m 17 its h 07 me 11 m 17 Utt' IS uu 11 *OmO wm t I Win MM fftktvS NMMi 0* W SMnMi A *'M |-- MNO M*e lor wee Am>ci Nr IfMIMl < mmum iWbltW. mm mi ! *Wi I H*ei* l (mOmiomomomdmaiCumlc4mt w*miMomr.m* aw*#. wOfciiww, w wow. wmr * Mnnnwr * mm m*. 4iw mw la almost ahrav* found in the tint few year* of a pmipRthe rpklnninloeieal study of this type. Tin* explanation is almost certainly as follows: Tlie 632 men In this analysis wee* Actively employed as as* bestos workers in 1942. Since diaahilit>* from illnt-ts or other causes precludes employment in a trade of this typo, these men wrve presumably well ior at least not disabled) at the start of the study ponod. Almost any poop so selected as to exc lude the 111 and disabled has a lower death rate during the ensuing few years than does the general popu lation. since ill and dtsablrd persons have extreme ly high death rates. A selective effect of this type gradually wrs off with time and largely disap pears within &ve to tea years from the time of in itial relection. During the second five-year prriud il&4*Sth52' the death rate of the asbestos workers was slight ly higher than the death rate of all US wliite males, ie. 54 observed deaths compared with 50-S expected deaths. In later periods, the death rate ol the asbestos wwk*T was proportionately higher. For tha period lU&'VlUST. tlirre were S5 observed deatlu compared with S6.9 expected deatlu. and for the period i`JS*iy02 there were Vi observed deaths cranpared with only 54.4 expected deatlu. TaWe 3.--Ob<v*d and Cipected Number of Deaths Amort* 63? Asbestos wortert Ciposed to Asbestos Oust 20 Tsars or Longer Cm* *4 OnA ISNMSI 7**l. Ml (MM .... ..., 11 om-iM imimiw --low (IMCIM AM MW MIM> ... j.r Tool (MM*r. 4* MM .. .. _. OiwwM (iumim w*mi Omcim (US M* *>HW ~ S.7 C****? * MW IM M*w** Oa>ri m immiim own (iMCIO (US IMI MMl . as Cota 0 hkmA tins au iNkm .. . 4 OImum iwumi Mmi tlpMIM (US *W **** . i.a CACM 4* U M* OtM MM* km* ... -............ 1 OktMM* MMl tl|IIW( (US WMI (** . .. 1* IlkMKM e OkMM* (MOMIM MWU ie*a ms test 1VS7 S4 as SOS s*a 17 $.1 11.0 a i) 1 4 7.0 47 U l.k S 44 a 4 14 (Mil, IMS IMS mi ISO a m u SOS s ss n S 1 HI ! 0 t 44 1* 79 1.3 74 7 21 SO 20.S 1 12 Cancer of the Lung, F/cttre. and Trachea.-In each if the four five-year periods, far more deaths from cancer of tlie lung and pleura occurred among the asbestos workers than would have oc curred had their death rates from these disease* hero the same as for ill US white males (Table 3). Altogether 4$ of the 632 asbestos workers died of cancer of these dies, whereas only 6.6 such deaths would he expected from general US experience. Of thne 45 deaths. 42 were recorded as due to bronchogenic carcinoma and 3 to neoplasms of the pleura. The pleural neoplasms were alt recorded as mesotheliomas. Thus it was found that the death rate from can cer of the bronchus and pleura was 64 times as high among these axliexti* workers as in the gen era! US wiiite male population (both age and date being taken into consideration). It nuv he asked whether the high rate of lung cancer among tiiesc asbestos workers ctndd pro-ribh lie attnhuted to an unusually large proportion of agarvtte sanoken among them. We cannot an swer this qvcatmo directly, since we have not yet been able to ascertain the smoking habits of the men who dud. However, the following pieces of evidence indicate that unusual smoking iubits cannut account for the high death rata from lung can cer among these workers: We have interviewed 320 of the 377 surviving members of tlie HM2 group. Table 4 gives a sum mary of the smoking habits in this group compared with a sample of men drawn from the general population of 1.121 counties in 25 states.* The un ion sample is somewhat inadequate sioco it dots not indude the men who died and does not in clude all of the present living members of the union. Nevertheless, it shows that a substantial proportion of adxsius workers never smoked ciga rettes regularly- Certainly the 632 men in our analy sis of death rates were nut all heavy cigarette smokers. In the general male population, lung-cancer death rates ore alwmt teu timet as high sunoog cigarette smokers its among noiwmokers; and die .!, * I A.- Aiscrros cxrosuu-seuKorr rr al Mattto e 120 Atostos WMan Cipom* to iMNito ------------,---iS.'j-L----------- 1 l%Ei am------------- Bar*" left " li* " "SJ"" 'err* \2SSmm "Tn ' FJ ---->* --TO---- --------- ns------- Vasr or Uacw nwy v r* f*a ' HI U rur --------- E------ . death nit {ran iu&| caw ha;ri.*>ai greatly with the amount of dgaretoi ukteg. However, i large proportion of oO mm Ii the Uotted States hove o history of regular cigarette smoking. From dots to a prospective study oo otoktofr* it may bo *tioiatcd that if all man anoked a peek or mors of cigarettes a day tf aQ the iwnmwlrm, agar smoken, pipe nnoken, end tight cigarette smok ers bad, instead, been heavy dprette smuken) the lung-ciaeer death mfeo would bo approsimately 3.4 tirees as high as it is at tots time. From this wo may --*"*-** that even if ell our albedos workers had cnokod a pack or more of cigarettes a day (and, indeed, from our sample we know they did act), end if exposure to asbestos were of no siptificance, too their lung cancer death rate would have been about 3.4 times ae high aa toe rata to the general US male popula tion Clearly, the smoking habits of the asbestos workers cannot account fv too loot tost their hagoncer death rate was 44 tones as high as that of white males to the general population. Caifroltoriffnef Canesr.--Rather to our surprise, the death rate from earner cf toe stomach and toe death toto from canmr of too colon and rectum were higher among too asbestos workers than would be expected from too rates reported for the US white male population, eaiculetod in too some way as f bag canca. Twehe deaths from gastnc cancer occurred among toe asbestos workers, as compared with only Oapected. Seventeen deotos from cancer of too colon and rectum occurred among too asbestos workers, as compared with 13 expected. Cancer of MI Ocher Sties.--The combined death rate'from cane* of al titoe other toon lung and pleora, and tfemach, colon, and rectum was ooc increased Twoty-ene such death* occurred among asbestos workers, as compared with 20.5 expected. AikviMsfe.--Of to* 235 deaths, 12 were due to ashestosts (pulmonary insufficiency, cor pulmo nale). The lapsed time from ftnt asbestos exposure to death horn asbestosb averaged 45J yean, with a range of 32 to 5G yeen. Comment Certinomo of the iong.-Tha results with regard to caurctocma of the hag are deer. Industrial ex- ' pomre to asbestos by Insulation workers, is stud ied bore, results In a marked taaease to too feddence of enneer of the hag, approximately tix to seven times the expected locidence. Altogether. 45 (17-0%) of 255 men with more than 20 yean elapsed stooo the onset of exposure died of cancer of the htng or pleura. These dote do not give the *toddence of cancer of the hag in asbestcaia.* They relate to the spe cific conditions of cur investigation: to a group of men with only intermittent exposure to materiab containing limited amounts (often 2% to 20%) of asbestos under working conditions varying from very dusty, aa in extracting old insulation to dosed quarters, to those with tittle dust exposure, as to building construction to open air. Moreover, they relate to the relatively meant past, in a trada with the shorter work week of the strong building trada unions, to an ere when industry has been aware nf potential asbestos hazard and the working popu lation has had seme consciousness of potential risk associated with duct exposure. These data would not necessarily apply to asbestos exposure in other industries, such as the factory production nf asbestos products, the asbestos textile industry, etc. where conditions of employment might he quite different. Our moults do not contradict the even higher incidence of htng cancer suggested to other studies *; they ore merely a shade less strik ing. Disuse Ptevnl end Peritoneal Meiifnancy- Meeothaitoma.-Determining toe toddence of dif fuse pleural mesothelioma is explicated by the insecurity of its histological verification. While some pathologists will so categorize a high propertion of diffuse pleural turnon, to the experieice of others it is a very rare, tumor and may be mim icked by anaplastic peripheral carcinoma of the lung and diffuse fibrosarcoma of the pleura. It is difficult to evaluate completely the published reports of diffuse pleural mesothelioma in bafasu in the absence of complete details of each To the present time, there baa been no Informa tion concerning else Incidence of diffuse pleural mesothelioma to asbatosis, since tie published cases are reported without reference to a total pop* illation to which they occur. Nevatbclcxs, the M AbStUTOS .XPOSVRE-*EUKtT ET AL . JAMA. Aant I. )B*4 * ' growing numhrr of reports 4 individual case* suggests that these turnon art* prrhaps brcnming rrUm-riy frrtputtt compKcatuen pusure. Our ubsen-aianm in tlais series tut* similar!) vug- fntivr. la tlirre of the 2S5 Jnl)it among tin* mm who had siariwd for 20 years or mow*. tltr rumtning pathologist considered the death dur la iU- fuse pleural mesothelioma. am! a tlie two *ww liL which we lave hem able to review tiw* hhiidudr^l material, the hiititlopn) appearance was that of* ten so categorized, and tsheitm hudtes were pres ent. This modem* of more than l" of dmtba from pleural mesothelioma is strikingly high hr a tumor which is gmrvaJly uvmdered to he extreme ly ran*. In one case in air stew% pathological et- aminatiuo suggested diffuse peritoneal mrtothrli* orul This siuftlr nprrirtMv a ton fragmentary for evaluation. Carrinomti -IwiLltxl jnstamn of gastrointestinal carcinoma in the prrvuu* of av hcstiKM have hem known, hut tlten* have b***fl no data to indicate dust thne were tlian omici- ilental Endings. Among the asbestos workers studied hen*, canrrr 4 the ttomaih. (dU. and rrvtnm was three times as fretpient as expected. Tliese data suggest that there may jwrhapx he an etiological relationship between industrial asbestos exposure and ctrcimmu of the gastrointestinal tract fCnciVonmrnttf/ Asbestot F.xvimirc --The recent demonstration. by Smith African* and Hntish* in vestigators of pleural and peritoneal neoplasms among mdivhhials who had chance environmental exjMKiirr to avlvstn* many wan before mixes the very important question of pmsihle with-spread carcinogenic air pollution. Tlie possibility iif en vironmental rxpmntt has long hero known. Soon aftT tlie initial clarification of axbiMoMx as a c linic entity. Ilachiow *" demonstrated adwitns bodies in a man not employed in thr industry hut living nest done to an asbestos factory. This finding wa later mitrured in tle finding of chrunir beryllium do* erne* among r^nhutx of a community near a hrrvllimn iaefory '' What is new. liowever. is an appre- ctatiou c4 tin* (Haeutial eatent of tlie protdem. Tlinmsnn and awoeiatrs " have reportt\! tiw fre quent findings of aslwxtns bodies in tlie hings of uiha|..dwellers. Among 6412 individual* x-rayed ilk an area ah tit an asheitus mine in Finland, EMIimKO ** found 1*19 case's of pleura! calcification of tlu.* tv pc i huructcristicully seen among ashesttu tr wkm. wntltfMit oIiskmis cause. In a vsxnparahle ' area without any asbestos mine, oo cases were found among 7,101 persons x-rayed. U daaild he noted that these w*re not p*u|>le who worked in the mine--none did--hut. rather, were farmers, housewives, and others who lived in the general location In om* subp'll who came to autopvv. polarixrddight microscopy demonstrate! asbestos fillers in the lung. Similarly, tla* lung of a cmv gr.u- iog near tiw mine also sliowcd tlu presence of asbestos. . A particular variety of environmental evposure may he of even greater tstneem. Axlwxtos c\p*vor in industry will not hr limited to tia* particular 'craft that utilizes tlie material. Tlie Boating filters do not respect job classifications. Thus, for ex ample. insulation workers omkxibtedly vliare their exposure with their workmates in other trades; intimate tsmtact with asbestos is possible for ekvtriciam. plumbers, sheet-metal workers, steamfit* terx. laborers, varjwtilm. boiler makers, and fore* men: perliaps even tlu* supervising architect should he included. 1 E Itxah St. W Ttwk inogw (Dr. Selikoir*. This study was supported liy the Health Rmrauh (awn, ril <4 de (afy af New York. Coiprralio* in this mvrrtixatiea were the rsertitive .rf. Ssrrs *4 he iMeouiMNial Awncialmn nl Heat ^mi Few insulUoes ami Adwstos Warkm. Wadutiglun, DC. ami W tithms ami mtwd*rslup f the New York and Newark. N). ha-aJs 4 iImi ('win. gftemcm f 1. Lynch. K3I, and SaUth. WjL: Fithanmey AtbedMw: Cimimm ni Luac ai AabeUa fihun. Amer / Cnm J4JO-A4 I.May) 1631 S. Anmul fiipan af CM lafRW of Kuterirs for Yea/ I9SS. Uimkm: Her iliMf'i SUInany (Hfise. 1656, tsumi N. p X DuB. K.: Mwtality Pmai Uar Causer in Ashestos Workm, rtm / ladwar Mml ISdttaM. I61V 4. Qohbg. II.. and Jacnb. C.j Neue Oakhtipunkte nine len Lunae.Afehs det AaUnUrWttff, Druink Mni M'k/v Xl.m-iM (Krh I?) 19M. X firmm. !).(!, and Tnraa, T.D.; EpU>mibu:K*al .Study <4 Lung Canm Albertos Mum, AMA Areh IntuMt f/ra/ih I7i6 U^03 dune) 1QS1 1 Wictwf, J C. Steggs. C-\.; am! Marthaml. P DiBiiw liniral MivsMmiu ami Aihstm i!i|uir m X.trih "'ulrf# Cape Krueima, Brit J i*4n*r MrJ HMO. 7. Hamnviod. E.C, and Carfinkel. L: SimAmc Habiti <4 Men and Wianen, / S'M Cenref It* t7;4hM42 (Aug) I'rtl. 1 Itamnumd, K.C. and Horn. D.; SanAinx ami Death Rates: Report on Korty-Fmir Mnmhs of Fuikrw-up <4 1K7. 7R1 Men. I. Total Mortality; II. Death Rates he Cause JIMAUAA. IMtllS.|172 (Matvh B). !2M-t3tlfi tMat.h 15) 6. MiCaufhey, W.T.K.; Wade. 0.t_; and Elme*. P.C.; Eapuaurt to Atbrttm IXst and Dtfiue Pleural mai. frit Med / M`W7 (Nov 24) |!2. 10. Ha*M*w. A.C., in Kepnrt of Annual Mrehng 4 Rrittsh Mesih-ai AMasalkm. MaurheWet, IV2V Lemti 2:110.2.11 (Aug J> 1*20. tl. Owstwr. C: Otmnir Pulmonary Crarmlnmatmi* m Resident! <4 Community Stu Refyliuun Plant: Three Autopurd Ctsrs. Ann inltrm Afed 32:lOiVtO (him-) IS. Thrnnsim. J.C.. EanhuU.. R O.C.. and M uIWild. R.R.: AdirXiit *% MiaUso Erbau ilaaatd. 5 AJt ,Ud 1 37:77-61 (Jan 19) life). 13. Khiluuto, R.: riestral Caldkratiun ai Rnentsetoln^tc $io of Non^X-cupatwmal Endew Anth^hylliir-Asbestmu, Ada Rodiuf Suppl 194, pp 1^7. lWbo. 2 PLAINTIP I EXHIBIT 1 T J. P. Terhalan .one J. F. O'Hourke Subject: SHFHA. General Meeting INTER-OFFICE MEMORANDUM UIO O i Dafcti November 18, l$6fc Bert Levine has suggested that a general Meeting be ealled as quiekly as possible so that the StfMi organisation can take a unified stand end approach on this asbestos health hazard problem. It is the writer's feeling that ve should equip John Boyer with a standard reply and existing documentary infomaticn so that prompt letters can be dispatched wherever ve uncover adverse cement or actions against sprayed fiber i case In point is the Division of Industrial Safety in California. I honestly think that sons laaediate action and reply should be taken sending thea easting information right now. I don't ve should wait until tests are run or test aethods are developed since this eight take aany years. X feel ve have enough information at this tise at least to be able to neutralise the alnds of eoae individuals such as the Division of Industrial Safety until aore concrete information can be established. I concur with Bert Levine that a general aeel . as quickly as possibl ( '.vn_ t '>X.r O/hyZ^C Sxxtu d Iamslxr Gompomatzox Hr* if* Lxxpp lUiDVZM-ExnxT-Bzii, Corporatxox A* B* VxMOOU *S* Hxmxram Aodogtx.Goupamt Hr* F* Smpr y *. O'*jfxxxau* Atawcxs Zfi. rfcs&x&rv f* CUxuifrAMt* Vxgxxrseau d Tatt - A* 5om PtAINTW'! KXHltlT _>37Jte _Grxxjwr; lin ir a Board op Directors ueetzmo op ru ./T*/*ifi. ojr TxrasxAr* 1 lvo95f I$, rr vax rnmiin that tux pollovzmq textzmo JPROQRAM MX XXT OP XT TUX fXGMXXGAL COMMITTEE AX Q2XCXL7 AX '-/PO8XXMMX0TO eOUMAt AXT POTORX DXTTL0PSX9TS OP REPERGO33Z0M __ prou Dx* Sxlixopp'x pretzqvs pomlxgxtt coversvxvx Axmxstoxzs. rTpAXXX 09 A ntXTXXQ memo vxtx Dr* Sxlzxopp, at vhzgu Jxn LJJERUAMX9 A9D 5x31 f LXPZXX VERX XX ATTE9DAMCE, AMD DZ3CV33Z0M3 f"METVXE9 OX APTXR TXAT UXXTXXO, XT VAX DXTZRXX9XD 79AT XT MIGHT MX ADPZ8AMLE TO TXST TUX P0LL0VX9G 3XT OAT10981 I- fXXTg VXTX 30UX RXPOTAMLE LAM ORATOR T, DOST G09GX9TRATZ09 ZX fj TUX XPRATX90 AMXA* lx OTUXR V0RD3, VX SHOULD TAXX DOST / C0U9T3 IMMEDIATELY AOAAGE9T TO TUX UX9 WUO ARX 00X90 TUX 3PRATI90, AMO AT PAXX003 XAOXX PROM TXAT POZMT, TO X9DZCATX TUX PACT TXAT TUXRX XX 90 XPRXAO OP 008T C0MCX9TRATZ09 MXTOXO TXAT P0X9T* 2m To Rxuorx tux xouPxexox that tux osx op a spratxd pzmrovs MATERIAL Z9 A PLX90U CUAHMXR C09TRZMVTX8 TO AS9X3T03 DOST XX TUX AXR OP TUX 3T3TXU, VX VOOLD LIME .0 R09 DOST COOMT * TX8TX 09 TUX XUX83Z09 PROU DOGTS PROU ARXAX VUXRX TUX PLXMOM HAS MXX9 TRXATXO: a) Vxtx uprated pzmrs rinxpRoorzuQ x) Vxtx Homo-Cote pxrxproopzmg g) Vxtx rxzmporgxd comgrstx treatmemt cs f u> 9 -*rc> RXI8D , -----XUA19M MWM*  * ficmeiA Gohmittmx Aox JV *i009r 22xo0 1966 ' ; . ... . V .V * 'f Va axoviD vaa a amputam&x uamomatqmt to aogohhqoatx ron raasa Tasra An oar tbxm doom am qozenr am pooazxia, ao tmat wm cam MATM TMM PMOPMM AMHVMXTXOX TO rXOBT AMT OMtmXHMMTAO aTATMHMXT TMAT MXQMT MM MAOX MT GXZOXMs XTC. TMXMt WM MSOVLO AHMAMQM TO MATM A BMMTZMQ OT TMM TXCSMZCAL OHMTTXM AS QVZCXLT A3 PQSSZBLX# TO LOOT XMTO TXMSM MATTXM3 AS tu am oTxxaa waxes mate oaraoopao* Tsar muLT xovaa, SPRAYED MNERAL FIBRE XFRS. ASSN. INC. BLL/mm B+L. LxrxMM 52**^ LH INTER-OFFICE MEMORANDUM 0 U G ~oc From: J. P. 7erhalen F. M. Stoapf 0`te Decemb8r 1966 Subi*cfc Oust Twti Th writer, with William Bradley of Bradley Associates, Newark, conducted tests is two locations* With R* Toth of Smith & lanalsr, ve vest to the Lord & Taylor job at Paramus, N* J. and had as opportunity of conducting only three tests since they were only spraying snail areas* Results were: * 1. Outside under soffit area: 4i parts per billion 2* Inside at hopper: 4* " 3. inida tuidiag while spraying wall ,, area with pole gun: 7 11 Temperature inside at Noon was: Dr7 bulb -46 Wet bulb - 44 or 95* percent R.3. In New Toxk City we were accompanied by Harry Wiljon of 3-E-H for their ford Foundation job "on 42nd Street* Results were: 1* At fiber gun on scaffold: 2* Sixty feet from fiber gun in comer of building: 3. Thirty feet froa fiber gun in comer of building: 4* Ten feet from fiber gun is comer of building: 26 parts per million 9* 12 " 7 " 5. Two floors below in a small room to house electrical switch gear as a control: 2*7 parts per million Temperature in the little enclosure at 3 p*m* was: Dry hilb - 42 W#t bulb - 39 or relative humidity of 95 As a result of these tests, Mr* Bradley was quite alarmed; especially at the Baldwin-Hill material which he indicated in his slide shoved waxy poor quality asbestos, as compared to the long fibers in the Smith & Kannler product. He said, based on the litigations he has been involved with, that our industry had perhaps better face up pretty qubkiy to this problem* On mentioning that our people have X-ray tests taken by the Tuberculosis Associatl he indicated that this is a small 37 am picture which does not reveal prob? ms' and for people in our Industry, a full scale 14" x 17" plate x-ray should be taken* ` The report will be addressed to the Sprayed Mineral Fibers Manufacturing A3Soe^Ati but will be sent to the writer's attention. I mentioned that after the issociatio has had an opportunity to review this report, we would probably like to have Mr. Bindley visit us and further discuss this matter. IMS/ec / / WiHim R. Bradley and Associates gSVtftONMtKTAl HIAitW CONSUITAJITS IS G&ISN ST&SIT NtWAftK, N. /. OT1SS Sprayed Mineral Fiber Msnufsetursrs Mselation. Inc. Suits 2300 . Ons Wall Strsst Nsw York, Nsw York 10005 Attentions Technical Conaittss HAINTIF KXMMT 3m_ Ra: EHVIROBMEKTM. HEALTH INVESTIGATION An environmental health stud/ was mads for the Sprayed Mineral Fiber Manufacturers Msociation, Incorporated on January 12, 1967, at the United states Mineral Products Com pany in stanhope. New Jersey, in quarters provided for this study* Products of four companies were sprayed under con trolled conditions of application during which tests of air samples were collected in the breathing zone area of the spray operator. These air samples were submitted to micro scopic examination and dust count using the approved tech nique for the determination of respirable size particles in the work environment, the dust counts involved particles 5 ) microns or less in diameter* PC MUD__ _____ mins rum ji Sha tit were conducted la a large open iria with one Ida of the building opened directly to tho outdoor*, the r* sample collection point was at all tints two to throw foot * of tho oporators aoso. #The oporator sprayed part of tho time on' tho celling and part of tho time on tho wall during oach tost. Bo hold tho spray noaslo in Mo hand and appllod tho products at a distance of throw to fivo foot fro tho coiling or wail. A largo podlstal fan was tumod on to ven tilate the test area between oach tost. Material appllod during one tost was removed from tho wall between each tost. Material applied to tho colling foiled by gravity during the tests which gave representative conditions of application. the same personnel conducted all of tho product food to the blower and performed tho spray application. The first twelve tests were conducted for ton minute periods each and the second series of twelve tests wore conducted for five minute periods each. During tho first twelve tests the UniAir type gun with sixteen holes was used. During the second twelve tests the Uni-Jet, airless type gun was used, with % each type of spray gun the four products were spray tested under water flow rates of 7-% pounds per minute, 10 pounds per minute and 12-% pounds per minute, these water flow rates wore used with both -types of application guns 3 The fiber feed rate for ell tests was designed for ten pounds per alnute/^ee^ial lfiber`feed rates as supplied by the blower hopper operator as followst : ^ zTJ3Ja c,rr:. 'r i0 to* 11.4* pounds peir minute ggg 7"c , to' 8 'poundt per minute 8 to 10 pounds per minute rr~~ Xsb. %<> ' 13.6 to 15 pounds per minute r The results of dust samples are as follows s Dust Sample Analysis United'States Mineral Products Co. (USHP) Cafeo Blaze-Shield Type D Baldvln-Chret-Hlll, znc. (BEH) Pyrospray Type 1 Smith & Kanxler (S&X) Spraycraft 1132 Type s Asbestosprmy Corporation (Asb.) Asbestospray Type T TOSt So. 1. 2. 3. 4* 5. 6. 7. 8. 9. 10. 11. 12. Product Water 910* TYPE OUH _ Mats (lbs./ uni-Air .. . Uni-Jot mlnete) 18 holes Airlsss USMP BIB SAX Alb. -rtf:*-' ' X 7.5 ,, X 7.5 X 7.5 X . USMP 10 ' X B2H 10 X SAX 10 X lib. 10 X USMP BEB SAX Asb. 12.5 12.5 12.5 12.5 * X X X X Millions It Particles par Coble root of 13 18 21 14 11 17 22 12 9 12 14 7 13. USMP 7.5 14. BEB 7.5 15. S&K . 7.5 16. Alb. 7.5 17. USMP 18. BEB 19. SAX 20. Asb. 10 10 10 10 21. USMP 22. BIB 23. SAX 24. Asb. 12.5 12.5 12.5 12.5 X 14 X 19 X 23 X 15 X 13 X 19 X 22 X 14 X 12 X 16 X 21 X 11 .^r.-Besultsof dnst-studlaa_made..oa^4...nlnoral fiber products ' . J sprayed under controlled environmental conditions shows that the spray oparater would ba exposed to tha inhllation of as* d. a *.aC -Mf bestos fibers and othar ainsral wool dusts that night load to occupational illness. Tha threshold limit values for as bestos fiber dusts is 5 million particles per cubic foot of air. It is considered that exposure to asbestos dust in concentration less than 5 million figure will not lead to the formation of asbestosis. Asbestosls is more likely to occur after long continued inhilation of asbestos dusts in high concentration such as may exist in a mining, milling or cutting of asbestos. All test results were determined to be in excess of the 5 million particles per cubic foot threshold limit value. It is apparent that product application was more dusty when using the Uni-Jet (airless) type gun then when using the air supplied gun. It was also apparent that there was less air- born dust as the water flow rate Increased, products labeled USMP and Asb. were found to be about equal 'in dustiness as applied. It is noted that more Asb* fiber was applied per * ' - ... I* 1' f alnuta than QSM Application rata. Zt ia notad that SX fibar is aost dusty with product 88B being slightly lass dusty in ; all eases, but considerably aere dusty than USMP and Xsb. -l! ** ' ' '. ' 0 \ produets. WRB/dS WILLIAM R. BRADLEY ' SPBATSD XXHERAL' FIBER MANUFACTURERS ASSOCIATION, INC. Minutes of Annual Meeting of Members January 31, 1967 The Annual Meeting of the members of. the corporation vas held at the Plainfield Country Club, Plainfield, New Jersey on January 31 19$7 *t 10:00 A*M , The following members were present: Member Represented by Asbestospray Corporation Messrs. Levine Baldwin-Ehret-Hill, Inc. Jenne Smith ft Ranzler Company Singer United States Mineral Products Company Verhalen being all of the members and a quorum. Present by Invitation were Messrs. Miller, Stumpf, Toth and Wilson. Also present was John Boyer of Cadwalader, Wlckersham ft Taft, counsel. Hr. Verhalen, President of the corporation, acted as Chairman of the meeting and Mr. Blnger, acted as Secretary of the meeting. The Chairman, after calling the roll, read the minutes of the Fall Meeting of Members held on December 1, 1966, which had been previously distributed to the members. } There being no amendments or additions, the minutes were ordered filed as approved. ; * * ; The Chairman called for the report of the Nominating Ccauittee, by its Chairman, Nr. Levine, who stated that at a meeting of the Nominating Committee duly called and held on the 27th of December, 1966 the Committee had voted to nominate as Directors and Officers of the corporation the same persons as presently held such offices as follows: Directors James ?. Verhalen A. S. Blnger Herbert L. Levine J. H. Vittkop Officers James P. Verhalen, President A. E. Blnger, Vice-President Herbert L. Levine, Treasurer J. H. Vlttkop, Secretary The President .asked If there were any other nominations, and there being none, upon motion duly made, seconded, and unanimously carried, it was RESOLVED, that the nominees of the Noadnatlng Committee be, and they hereby are, elected as the Directors and Officers of the Corporation for the ensuing year, each of such Directors and Officers to hold office subject to the By-Laws, and until his successor is elected and shall qualify. -2- Ihe Chairman called upon the Treasurer, Mr. . Larina, to render his report on the financial condition of the corporation through the year ended December 31, 1956. Mr. Levine outlined the receipts and disbursements for the year 1966 and the amount of cash on hand as con tained In his written report* The report of the Treasurer was unanimously approved by. the members of the corporation and ordered filed with the minutes of the meeting* ~3he Chairman stated that it was in order to consider the appointment of new Chairmen of the Technical Committee and the Promotion Committee to succeed Dr. Lleff and Mr* Jenne, respectively, and, after discussion, upon motion duly made and seconded, it was unanimously RESOLVED, that Messrs* H* Wilson and R. H. Toth are hereby appointed, respectively, as the Chairman of the Technical Committee and the Pro motion Comaittse to serve until their successors are appointed* The Chairman then called for report of the Tech nical Committee which was read by Mr. Toth in the absence of Dr* Lleff* Progress on the air erosion test project in process at the Kodaras Laboratories was reported* Dr. Lleff al6c noted that the Government Services Administration had been contac by him with respect to the proposed GSA air erosion test method. -3- Dr. Lieff next reported on the dust collection test conducted* by the Bradley firm in the field and at the laboratory of United States Mineral Products Coeipany. The meeting considered the results of these tests In detail and the proposals for continued testing as veil as the test method to be followed in further tests recommended to determine the Incidence of dust at various distances from the spraying gun. After discussion, it was moved, seconded and unanimously voted that a further series of 22 tests be conducted by the Bradley firm on each of the industry products utilizing two types of spraying guns, a one to one ratio of vater to dry fiber 5, 10 and 15 pounds of water flow per minute, all with the purpose of developing further information on the incidence of asbestos dust particles in order to further the corporation's health research program. After discussion, upon motion duly made and seconded, it was unanimously RESOEVED, that a sum not exceeding $500 is hereby appropriated to cover the costs of additional dust collection tests to be conducted by Villiam R. Bradley and Associates. Dr. Lieff reported on developments In the ASTM task force considering proposed standard methods of testing sprayed fireproofing material at its meeting in Washington, ' D. C. The initial draft standard developed by this task force. Dr. Lieff reported, will be circulated throughout industry for comments before being submitted to subcommittee 2 -4- of ASTM Committee E-6. Dr* Lleff Also reported on an invitation from Mr* Erwin, secretary of the USA Standards Institute Sectional Committee A-42 on plastering and lathing % to become members of the Committee* In connection with the complaints concerning the accuracy of the promotional material of Thexmo-K, Themo-Kote and the *13 product made to the FTC, counsel reported that no word h*ad been received fromi the PTC concerning the progress of its investigation and was requested to contact the Bureau of Deceptive Practices of the FTC to determine what steps were being taken on the complaint* The Chairman then called for a report of the Promotion Committee Chairman, Mr* Jenne, who outlined the progress made to date on the preparation of news releases, preparation of an industry brochure, including a recommended specification and on the design of an association logo type. Mr. Baer of John Baer Company, also present by invitation for this portion of the meeting, then reviewed the activities of his fixm in the preparation and distribution of news releases and on the design of the brochure. Mr. Baer presented to the meeting a number of alternative logo type designs, and after discussion, upon motion duly made and seconded. It was unanimously H RESOLVED, that the association hereby adopts as its logo type the design featuring the spray gun nozzle and the name of the Association* m; plaintiff I ( EXHIBIT If 3ISlC-s *r4 Bie Beeting then considered the Promotion Con* ,, mlttee budget for 1966 end the alternative programs available for promotional activities '^during 1967 at. various budget levels. Chairman Jenne was requested to develop budget programs for alternative budgets of $2,500, $5,000 and $75,000- for presentation to the Board of Directors prior to its next meeting. Mr. Levine reported on his investigation of the charges for a statistical reporting program that had been quoted in response to Inquiries made by him, and he . noted that the account firm of Price Waterhouse & Co. had ( ) agreed to undertake a statistical progrm for the Association at a cost of $175 end $60 per report thereafter, with an additional $10 for each class of product covered in the report. After discussion. It was the sense of the meeting that a statistical reporting program be undertaken and recommended for adoption by each company based on quarterly reporting of shipment*for one classi fication only - sprayed mineral fiber for building con struction - on a regional basis, with the country for this purpose to be divided into six regions, and that all individual company data be reported on a confidential basis directly to Price Waterhouse & Co. -6- The Chairman then stated that it was In orcer at the Annual - Meeting to ratify and confirm the activities of the Board of Directors and officers and agents of the Cor- poratlon since the date of the last Annual Meeting. Accord- * ingly, upon motion duly made and seconded. It was unanimously RESOLVED, that the acts, proceedings, elections and appointments of the Board of Directors, officers and agents of this Corporation since the Annual Meet ing of the Corporation held on January 11, 1966, be and the same hereby are adopted, approved, ratified and confirmed. There being no further-business to come before the meeting, upon motion duly made, seconded and unanimously carried, the meeting vas adjourned at 4:50 o'clock p.m. APPROVED: Secretary of the Meeting Chairman of the Meeting -7- Minutes o _______Members. June 17, 1966 The Spring Meeting of the members of the Corporation was held at the Plainfield Country Club, Plainfield, New Jersey, on June 17* 1966 at 10:00 o'clock A.M. The following members were present: Member Represented By Asbestospray Corporation Messrs. Levine Baldwln-Ehret-Hlll, Inc. Wittkop Smith & Kanzler Company Singer United States Mineral Products Company Verhalen being all of the members and a quorum. Present by Invitation were Messrs. Boland, O'Rourke, Stumpf, Toth and Wilson. There was also present John Boyer of Cadwalader, Wlckersham & Taft, counsel. Mr. Verhalen, President of the Corporation, acted as * Chairman of the meeting and Mr. Wittkop, Secretary of the Corporation acted as Secretary of the meeting. The Chairman, after calling the role, read the minutes of the first annual meeting of members held on January 11, 1966, which had been previously distributed to the members. ThereH i being no amendments or additions to the Blnutes as read, the :? Chairman ordered the minutes filed;' The Chairman then called for the report of the Chairman; of the Promotion Conmlttee, Mr. Boland. The meeting then proceed to consider in order, the schedule of news releases as previously assigned to the members, the retention of John Baer as public relations counsel, the status of preparation of association literature, and the progress being made on the preparation of a promotional color film. The Chairman then called for the report of the Technical Conanittee by its Chairman, Dr. Lieff. Consideration was given tc the reply of Albi-Clad to the communication sent by the Assoclat: requesting discontinuance of the derogatory references to Spray* Fiber contained In its advertising material. Mr. Stumpf discuss' the validity of the claims of Therao-Kote with respect to therma conductivity at various thicknesses, and it was determined that counsel should draft a .request to the FTC to Investigate the accuracy of the claims and to enjoin any false or misleading cla being made. Mr. Wilson referred to the heat resistant character istlcs of Sprayed On products and recommended that a sample be obtained in order to test that product's melting point. Dr. Lie then reviewed the developments with respect to the proposed CSA specifications which were considered in meetings at Newark and Washington, D.C. Dr. Lieff noted that the recommendations of tt Technical Consolttee had been incorporated in the GSA April, 196* revisions and now appear to be In satisfactory form* The meetli -2- also received Dr. Lieff's report on the status of the ASTM Committee developing a durability test procedure which could toe developed into a product standard* Dr. Lleff then discussed the^ communications had with the CPLIA Technical Consnittee, including the question whether the proposed specifications being developed by that Cossnittee would Incorporate separate specifications for plastering and fireproofing. Mr. Verhalen then outlined the problem encountered at the Cleveland Federal Office Building where workers in related trades had walked off the Job alleging that sprayed fireproofing operations had created a health hazard. The Chairman requested consents on the draft form of statement prepared to reply to publicity or complaints related to the alleged health hazard i of asbestos dust. Dr. Lieff and counsel were designated as a subcommittee to prepare an industry statement on the health aspects of sprayed asbestos products. Consideration was given to the advisability of'meeting with Dr. Sellkoff to discuss the research he is conducting in this field. The Chairman requestec counsel to obtain the views of Dr. Kenneth Smith the Medical Director of Johns-Manville Corporation on the accuracy of allegations and publicity concerning the health aspects of asbestos products. The meeting then turned to a consideration of developm of an industry fire test program at Underwriters Laboratories. Counsel reviewed certain of the legal requirements of a fire -3- test and subscription program as outlined In the c. :/t subscript! agreement distributed to each member of the Board or Directory Further consideration was given to the possibility of expanding fire tests into new use areas and to the listing requirements of Underwriters Laboratories in the event an Industry developed product formula were tested. The Technical Committee were requested to consider the feasibility of developing a formula foj purposes of fire testing. The Treasurer, Mr. Levine, reported on the income and expenditures of the Association during the .previous five months and on the balance of funds on hand as of the date of the , meeting. There being no further business to come before the meeting, on motion duly made, seconded and unanimously carried, the meeting was adjourned at 4:20 o'clock P.M. APPROVED: Chairman of the Meeting Secretary "of "the Meeting s 0/5Y 6, 1966 Mr. Jbba Boyor dteiitej ttokonbi 4 toft X ton stmt Wv Tor*, Bw Tax* 3000$ floMocti Aobootoo Pohlidtr Door Mat Ittocbod it o eo9T of tbo lottor X 4>aad with yoo by ffcooo loot Pridjr* tfdoh is tho firot lootoaeo tboro m bow looraod tbot otter tarodoa bow rofbood to oorfc oo tbo son floor tero oar jrodacto voro teat oppllod* X boliow it io ioporotiw tbot Sproyod Maorol Flbor Honflotororo UtodatlflB 3be* dewlap o otoadord offlolol ototoont of nllflv wA am9 too and br onr of tbo aabn B^h i cod* dlUoa orloo oa writ ttay t dolac, oad X ooold go yoa to bow o text of oocb ototoonb jpoporod oo tbot it debt corn oo o boslo of dloeoooloa ot cor ioooolotieo oootlac on tee 17th* Brr slaont^i JTV/doo te cos lb* & X Iorino Br* J. B. Wlttkop Hr* 1* S* Blajor Aofaeotooproy Corporotioo dolibda-Hbrot-sm, lbs* Baitb 4 twlv Cooptxy J. P* O'&curkt -- P. M. Stumpf flHUXD lanm nn laxmcTams amocxazzq** dr. fTbni Litttf Xeply to Votlee of Velk-Ottt oo the CUli ttet Aprsyed Tiber 1* e Health Hasard] *r Door t This is in reply to your advice that workers la other trades present on tbs Jot la progress at the claim that a poeaible health hasard may result fro* exposure to sprayed Inoral fttar dost* Vo art| of course* familiar with tho putlicit? appcarlaa recently la certain media concerning the poaaltla offoeta of long axposuro to high concentration* of asbestos dust. While a number of medical investigations of this question tare been conducted over a period of years* the conclusions drama from the nodical evidence adduced to date vary considerably. At this Juncture* it id fair to say that asdlcal authorities are not la agreement, even as to the effects of long tera exposure to high concentrations of such dust* for example where ventilation la lacking. Definitive data is lacking on the effects of occassional axposuro to present-day sprayed asbestos fiber dust. Thus the more exhaustive studies and thosa of longest duration do not relato specifically to the type of sprayed mineral fiber products non being produced by members of tha Association* and accordingly not to the type of product being used on this job. v Moreover* tte studlas which tew teen cited la tte adverse publicity ere tesed essentially set --died records of *r works-- wte ysrfor--d ttelr Jobs under condition* substantially different far-- tte email conditions --v --Intelnsd st Job sites* Association produets or* specially trusted durln* processing with dust control agents* Oust concentration is further einindasd by tte introduction of etodsed ester sprays ss the flbsr leaves tte boss* Tte llksllhood of say serious conesatreti-- of dust parti cles would be only in tte 1--diets vicinity of tte spray gun* for that reaooa* ve caution applicators to vear sultehls dust auU, sines tter --y be working under tteso conditio-- ervur extended period* of ti-- Our Association aoeters ssriously doubt that szy sig nificant hassrd exists for other work--n -- the so-- Job sits net actually spraying fiber* There is no nsdlcal evidence to our knowledge indiesting that anyone spraying* using Association produel or exposed to dust In arses adjacent to the spraying have aver bean afflicted with respiratory or other ailosnts caused by Association fibers or processes* The sprayed fiber Industry* togsthir vithlsthar Industrie dealing in asbestos products* arc cooperating with sad supporting responsible research projects now under way In the laboratories of the environ--ntal health division of the Public Health Service and 2 \ s lt A. h such reputable reseerah organisations ta the Industrial Hygiane ' foundation of Aatriet In Pittsburgh, Pennsylvania. Since thaaa * research afforta have not baan concluded, any stateaent indicating ^ conclusive knowledge of tha toaalth aapaota of today* a sprayed fibar product#, applied under today*a conditional would be pranature and aarioualy misleading. Tha Aaaooiation la taking every effort to aaaura that workaentapplylng tha produeta of tha Aaaooiation are adequately protected with reapiratory masks. If a particular workman operat ing in arena adjacent to the apraylng of aineral fibers is unduly senaitlve to duat, he ahould also wear a protective mask. Such allergic tendencies would be exhibited in the presence of nost any duat, for excels, resulting from fiber spraying, conerets hanaering, plaster nixing, floor sweeping, end the like* There la to our knowledge, however, no nodical research that haa established the occasional exposure to soae fiber spray duat as either sore or less serious health hasard than other types of duat connonly associated with construction site operations* Ke believe this answers tha questions raised. The Association would be pleased to furnish such other information as nay be requested. Sincerely yours, SPRAYED MINERAL FIBER MANUFACTURERS ASSOCIATION, INC. -3 DIStt USM UNITED STATES MINERAL PRODUCTS COMPANY 6im* Offle* M4 STAMMOPC. NCW i(SCT 07174 Tt. 3*7>tooo a*** coci an CaM: CA^eo<NSUU * Vwt 3, 1966 , Mr. Alton Snest ftoject 3nagar Buber, & BLchols - freak Briscoe Cenpany, Joint Venture Cleveland frdaral. Office Wrtlm loot 9th ad Tokesido Cleveland, Cfclo Door fr* Svanat. 2n reply to tbo telephone request of &> VllUn Vdnrf ve are plMood to <*----fc oa tbo questions raised uimeniirg tbo possibility of health hoard thought toy acne form to result fren exposure to tho ipii/lzv of tbo nLneral fiber bov boixg applied far fireproofing t tho Cleveland frdaral Office Building* Bare hos been sooa publicity recently with respect to tho poasiblo effect! of long exposure to high coacoatrotioao of ssbeeto* duot* Although tho studloa have boon under 07 for yean, do flnol reporta or finding! bow boon roloaood* Apparently, tho probability of a hoolth hoard exists only la thoan situations vhoro tbare la exposure to aobostoo dust over long periods, probably saiy 700re, and la placoa vhoro there is a high dust concentretloa and vostllation is lacking. Sooa of thoao studloa are related specif! rally to spray staersl fiber product#, nor to our CAFCO 21AZ2*5H2I2) Typo D being used oa this Job* Our CA7C0 saterlala are specially treated during proeeaslng vlth chist control agents. Dust concentration is further odsUdsod by tbo introduction of stcalxad* aster sprays so tbo fiber leave# the hose* B likelihood of aiy serious concentration of dast particles would be only in the law(Hate vidJdty of the apray gun* for that reaaon ve caution applicator# to wear suitable dust nssha, since they my be working under thee# conditions over extended periods of time* We doubt seriously that any seed haasrd erLsta for other vurioaen on the sane site who are not actually spraying fiber* Ve have no tacartodgo of ny apiajar or vorknen using CAFCO aetezial or of any person exposed to it ever having been afflicted with e respiratory sllaant caused by our fiber or process* Ve have ben infearaed by the other naebera of the Sprayed Mineral fiber MenufVcturars Association Ine* that, similarly, they have no knowledge of any case of respiratory illnesa being caused by the use of their spray admiral fiber products. Of coarse, if s particular vorkasn Is unduly sensitive to dust, ha should also wear a suitable protective assk* Such allergic tendencies would be exhibited in the presence of seat eiy dust, such aa fiber spraying, concrete haaneriag, plaster stbdng, floor sweeping, and the like* * Ve believe this snsvers the questions raised, and ve will be pleated to fundah such ether infonaation aa aay be required* J70/deo 3 PLAINTIFF'S Tours very truly, exhisit UVI2ED STATED rCQETUL PRODUCTS CCMKiEr 2U5.tr 1 * - i - /-- > A".r< u/f John f* O'Hourko, Tice President - m Mil* ntlt M ItUHl MU1K MMvtM 13* * *M !# M*HUI**1 'KIKuX *!**< <r N*WO M WMttfet smtt* n* 'ooucn < Ut UNITED STATES MINERAL PRODUCTS COMPANY ram' So Uns TYPE D DIRECT-TO STE EL SPRAY- FIBER FIREPROOFING *uni A CAfCO BLAZE-SHIELO Type 0 is a factory formu the Sprayed Miners! Fiber Manufacturers' Associa lated blend of virgin minors! frbors and propriotary tion, have shown that no respirable substances result binders designed specifically for direct-to-steel fire- from the use of sprayed mineral fiber such as BLAZE- proofing. It also has excellent thormal insulation and SHIELO Type 0 for fireproofing air plenums or ex acoustical absorption properties--often eliminating posed acoustical cailinga. the need for supplemental insulation or acoustical materials. Particularly suitable for largo, long-span structures, one coot of BLAZE-SHIELD Typo O can bo built up to any desired thickness. Resists air erosion-BLAZE-SHIELO Type 0 fireproof ing effectively resists erosion, dusting or flaking dua to high valocity air movamant. It axcaads GSA requirtments. BLAZE-SHIELO Typo 0 exceeds U.S. Government re-` puiremenu for eir handling planum chambers, ft maintains high bond strength under normal structural movement end will not crack or spall, dust or flaks. It provides deflection end bend-impect characteristics for building occupancy. Protects against corrosion-independent laboratory tests confirm the corrosion-resistant properties of BLAZE-SHIELO Type O. BLAZE-SHIELO Type O pro vides corrosion protection to structural steel surfaces, end can be applied to either painted or unpainted steel. It Is economical to apply.' BLAZE-SHIELO Type 0 . Can be applied in adverse weather conditions--BLAZE does net require a primary adhesive, tamping or sr' SHIELD-Type 0 can be applied under a wide range of sealer coat and can usually be applied from floor adverse weather conditions, enabling firoproofingwore Uvel. without scaffolding. It also can be applied * to precede curtain wall erection. This maintains job w a wide range of weather conditions. Ask for schedulas, reduces job heating costs, and contributas ring test. toward eariiar occupancy dates. CArCO BLAZE-SHIELD Type 0 FEATURES: Excallent thermal insulation prepertlea-BLAZE- Fire rated by UL in UiA and Canada. BLAZESHIELO Type 0 is listed by U.LL. U.L.C. end other world agencies for virtually any combination of floor or ceiling construction (see fire rating table below}. SHiELO Type O possesses a thermal conductivity *V* factor of 0.34 at 7S*F mean temperature. It affords low-cost joint-free insulation for exterior structural members, curtain walls, roof setbacks, etc. It can be applied to virtually, any structural design. Acoustical absorptlon-BLA2SHIELD Type 0 sound Fast and permanent protection-Witft BLAZE-SHIELO absorption characteristics markedly reduce acoustical Type 0. old heavy wet mix materials are eliminated problems, and the problem of sound transmission and it provides permanfttt protection to deflection, from one office area to another by providing continu impact structural systems without surface cracking ous absorption in the planum area. x spalling due to normal structural expansion or light bi weight-SLAZE-SHlELO Type O is light in contraction. weight. Its use can eliminate tons of dead toad weight Environmental safety--Studias conducted by Environ over other forms of fireproofing, permitting savings mental Health Authorities, under die sponsorship of In framing and foundation costa. t dart aomwnuatiwt m, imwnx APPLICATION ADVANTAGES taty to apply. Just spray BlAZE-SHItLO Type D ta a clean, rigid. pre-wetted wdm. Then ovsrtpray *ft nip wttr. Its natural white finish provides a light reflectance coefficient rating 1 It percent. Only ana eaat require*. The required tiiteknes* al BLAZE-SHIELD Typa 0 can ba but up with only ana coat. applied directly ta tha ataaf surface. Curing tint# it only 34 hour*. Adhesive priming caat it eliminated. Na priming adhesive la required an Pa surface ta he treated at the adhesive ef BLAZE* SHIELD Type 0 is an integral pan ef the product Temping it eliminated. Na tamping ef SIA2!*SMIEL0 Type 0 It required since the apolicetien process produces an accept* ehlo uniform, firm fiber mat. Sealer it eliminated. No sealer or cruet caat la required tinea BLAZE-SHIELD Typa D forma o hard crustod surface wife thd verspray of water. Scaffolding It aiiminatod oa most jpfec No scaffolding It nor* mally required, as with a lightweight pole gun. a man can easily' roach surfaces 10 to IB feat tram dm Baer. ARCHITECTURAL SPECIFICATIONS CAFCO BLA2E-SHIELD Typo D GENERAL Scope--This section shell inefudo materials. equipment and nacaaeary tabor for Installation of sprayed mineral fiber-In accordance with specifications and applicible drawings. Contractor--The convector shelf be ffcanierf by die manufec* hirer of the material and bo qualified end skilled in dtit type of application. Ho shall use mewrists end equipment recommended by the manufacturer end shell execute ell work In accordance widi manufacturer's recommendations. Product Coaspiience -- The eprayod Aar shed hem boon meted by accredited laboratories to moot required ratings end per* fermanca. and shall conform m the epphcebfe requirements of dm building coda and on auditWee bowing jurisdiction. Responsibility of ethers--It she* be tim rasponsfrltlry of etwra to provide adequate slaortt pnm, womr. ventilation. light end neat, am njnge'i. *,.*..*, ...... - - by wltiet ludrt iliwi t|Klf rt cwintd. fiber -- The fiber shell bee factory duainr<ontreiid end formu lated mis of virgin mineral fibers combrned"with proptmtary Unt binders. Fibers shall ba CAFCO IA2E*HIC10 Type 0 a men* ofecturedby United States Mineral Product* Company (in Canada --Columbia Acoustic* 4 Fireproofing Ce~ ltd.l or an approved equal. 1it* Ifiri Mm'S Ik* drlnr'H to tho |0h Site in Staled buns t*-rh arv (ebt-H-u in Hk-i.Klf Mm- qytimon lur iiiih nM t ,, intended. INSTALLATION Examination ef .Surface -- The contractor shall rumuH- *u >urfacas which are to bo treated widi CAFCO mineral tmr arm before application begin*, shad report in writing to the general contractor, any conditien* which might impair prop*r installation and adheston. Tna general esnuactor snail promptly correct such conditions before eppticaiien begins. Surfaces shaft ba ressonabty dean and tree from dire grease. aN, loose plaster, rust scale, lease palm or ether conditions which would prevent good odbssWn. Cold woodmr application shall follow dm manufacturer's recommendation. Application -- The surface ahafi ba watted with water as racorn* mended by dm manufacturer. The fiber shall then ba sprayed to dm wet surface to tho desired thickness. Tamping is net roquired. Cleaning -- After completion of ooch day's work, dm contractor shall sweep dean ad adjoining wells and Boors upon which fiber he* boon deposited. WIDELY ACCEPTED CAFCO BLAZE-SHIELD HAS BEEN USEO IN: World Trade Center Twin Towers ......................New York City Toronto International Airport......................... Melton American Cyenamid Building....................Weyna. New Jersey Union Carbide Building.....................................New York City Stem Office Building.............. lesion 140 Broedwey Building ...............................Now York City IBM Building ......................... Philadelphia Fordhtm University...............................Now York City Cateway Center *4 ...................................................... Pittsburgh Firemen's Fund loliding ......................,................ loo Angeles Seattle First National Bank............. Seattle Federal Office Building ............................ Juneau Lincoln Building.............. Spokane Waite Fargo Building ...........................................Sen Francisco Fedora) Once Buildings .. New York City. Newark. Bridgeport. Boston. Baltimore. Cleveland. Sen Francisco United fneuronce Building .............. Chicago Ohio National Ufa insurance Building............ Cincinnati Burroughs Office Building.................................................. Oepott Homo Security Building.................................................. Durham First National Sank Budding............................................Orlando Allen Towers.............................. ......................... New Orleans Metropolitan Ufa Insurance Bufldfng............................... Ottawa Federal Building............................................................... Toronto National Cash Register.................................................... Chicago toll Telephone Building ....................... Davenport Cuinrmts Tower........................Vancouver. g.C. Lone Star Gas luliding.................. Dalles Univarsity Towers ............................ ..............................El Peso Wachovia Building......... .....................................Winston-Salem Canadian National (LaBweys Building............................ Montreal OTHER CAFCO BLAZE-SHIELD PRODUCTS i 01A?C SHiElO STANOARO tr AvtttUui lUinwi lA2t $Hi(L0 Stenderd H a economical solution wNfwit MUHl ebkOtPUUn. 4lt3 .!MnMllOI *19 dr *<*0 It eUO provide* bupp*ontnMfy vdw'Uji* m providing tandetiseuon control. its fcreprooimg feature hot gamed wide acceptance by building coOo. municipel. n0 insurence authorities for high-rise sport- mom sno office buildings. refineries. warehouses. ships, stool nulls, industrial punts, ote. SLA2C-SHli.O Stsndsrd. possess ing escefiem scousticsl snd ihormsl insulating properties. is w*od n such divers* applications os motsi buddings. cunsin ril construetien. snd under surtscos of concrete slobs ond root systems. FRO0UCT FEATURES Proven fire performance -- Esposed to setuol sever* tiro condi tions on merer high-rise structuros. DLA2E-SHIELO Stondord did not crocs or spoil. Its fire-resistem properties hovo been Approved by Poctory Mutuol Engineering Oivision for the con version of Closs il insuisted Mewl Roof Deck Construction to tne leaver premium cost Cuss I cotegory. High thirmol insuUting efficiency -- BLA2E-SHIELD Standard possesses e tow thermal conductivity `V factor of OJ? RTU per hour, per square foot, par inch, per degree Fahrenheit. Its use provides important heating ond air conditioning savings. Hick sound absorbing efficiency -- DLA2E-SHIEL0 Standard offers high acoustical absorption characteristics ovor o wide frequency range. K provides for an entirely new concept in ceiling design since it is equally suited for flat, curved, or configurated ceilings or roof* and can bo attractively painted widi virtually any design color. `tsutiM control -- BlAZS-SHfCU) Standard posiessot a vidling action which permits its fibers is absorb and I n moisture veper. Condensation formed in the fiber mot sot tt to the base surface is absorbed and later roleased by me evaporation process. &A BLA2E SHI61D TYPE H V Acoustical --Thermal ilAZC-SHItlD Typo M features acoustical absorption and thermal insulation--with essentially the seme overall souro absorption and thermal insulation characteristics listed lo* BLAZE-SHIELD Standard. In addition. BlAZE-SHiELD Type is formulated to provide a more aesthetic, fissured, travertinetype JMsh for oiposod applications whore finish, as well as damage resistance, to of prime importance. Its monolimic east ing absorbs normal structural movement without surlece cracking or spelling. SOUND ADSORPTION Heieci&Tkitkaesi Dim (MNcieev mm w tooe ttcSTBST ut; VSUKSHtClO STANOASD WtNUto It ki 41 U K v "i VSUUESNtOOSUflOMD H'SUKSNtOOrrFED SsM il M AZ Deck frans il AS JO 41 Jl .St .SS .S3 47 a to* SU2C-SHI&D STAMMID Sififf to* RJUt-SMtCLD Ttff H m s ii ii js n J 1 to*mt2E-SMUDfmM NefNUia M AS 73 41 M V to* haze-shod mtN Said M it .43 Jt .SC .SS 48* Tl WUMMI W miniMl ASTUC tUUT ey Oivemene U*uii > Saeenteriee. Caneve. NMeo er Ceaer W| Wnue uuntwo. cm* APPLICATION AOVANTAGES Harder, denser finish -- BIAZE-SHIELD Typo H cpnuins a ourable damegenesisum fiber, resulting in a harder, denser finish Where ceding heights ora lass man 0 feat or where ceiling surfaces would bo subject to abrasion. OlAZE-SHJElD Tvpo h Is racommandatf as either an integral application or a* e fetish ever a DIA2C-SHIEL0 Standard base far ceilings or reels. This provides far a compioiety incombustible. rat proof, and verm.n proof inswUetion. Adaptable -- BLAZE-SHIELD Type H to adaptable to virtually any surface shape. Unlike preformed insulation materials, it may be applied directly to curved or irregular surfaces forming e con tinuous mat thus eliminating air spaces and pockets of condensation which could result in corrosion of metallic base surfaces, ft to oacoflont far swimming poofs and high humidity areas. I OTHER CAFCO PRODUCTS CAFCO FIELD ASSISTANCE SERVICE Esperisncod. licensed CAFCO convectors end CAFCO repre sentatives throughput the United States end Ceneds end in 3D foreign countries represent ene g< the largest licensed contrac tor end service organisations in Vie world. CAFCO service personnel are avertable far immediate consulutien regarding, estimates, specifications, and coda approvals. Job-inspection servico by CAFCO representatives is also available to archi tects. general contractors, end owners. Through be wall* caordinetsd efforts of the CAFCO field assistance program, con struction schedules ere not delayed. CAFCO HEAT-SHIELD -- Provides a direct-applied, continuous incombustible insuUting btanket with a thermal conductivity Ik! value of 0.26 at 7S*F. ideal for manual insulation of pre engineered mewl buddings and oVtor applications. CAFCO POWER-SHIELD -- A high quality controlled blend et minerel fiber*, wilh propriawry binders, specifically formulated for thermal intuUlion in critical high taieyerafura industrial ap plications. CAFCO SOUNO-SHIELO "D~- Answering on industry need for e herder, whiter, spray-applied ceiling finish providing predict able eccoustieal performance. SOUNO-SHIELO "IS'' surpasses the performance characteristics of moat spray or vowel applied acoustical coiling materials, k to U.LA fra tasted and rated. * CO\c UNITIO TATS* MINIMAL MMODUCTS COMPANY ^ cme tN ff'M stamhom. New JlKSgr 07$7* T**. )47>I3O0 M CAM Ml Cam* cvcoimiuw M. t*. >v 10* 17, 17 Hiatal Tlfcor iweiUHflit Nr. J. ?. TorfmLu* tf. a, NiaoraX Nr. 4. 8. Bal*l&*WSill JL X T9tt 3*1th * Xtttlir K. l*. UrlMf Ailn^Mpfiy Corporrtis* Nr. J. dbyor* CiMlidcr, tflsksnfew % taft 3ubi--ti Sonya* flbor Oust Toots l^eioscd at* to* oopioo of tho litnii toot molts fro* /UIIsb * "r*<a7> *ad Asoootats* os tts fifth suits of spnqrod fibor dust tost* dot** An^ost ULy 1967* Tht mults sspctr tot goed fhr that mioa It is sufftst** that laitnatl** sot ho rsloostd wtil It is dittos*** at too asotin* sefcodoM for Sertaofcsr 7. Tbs lsvrlos ftr 1552.00 Is b*iac ** to Trtssursr Bort looias* Tbs isvdoo hrtstedowi is ?p*rtBtljr $200,00 f*t for Mr. 1100.00 for to assistant, $240.00 ftr tbs 24 ssoplst taksa. Itt/o* > (lost sMlosom) As. N. Lioff, Soitfc k Kaoaltr Mr. a. Vllm# lalAdA-fejvt^Ul litlt Ml *0.|* AMtiC MMwCft M (l <M it! MVU*rvM tattfUltOa. ((** I'l'tn ntu(i; tillttiM. lilAAf Ml ce*lv.(l itl.L 1L\L& OAtm__ _ ..Crr KAIW OA7..>; {^r {w1htMamtfCsI m>.! 'Mm.n4u*.1w