Document 8RK6D7pBEOVMDjLaYr2z2kL35

1 1 CIRCUIT COURT OF MOBILE COUNTY, ALABAMA 2 ........................................................................................X 3 In Re: ALL ASBESTOS-RELATED : 4 PERSONAL INJURY OR DEATH CASES : 5 FILED OR TO BE FILED IN : 6 MOBILE COUNTY, ALABAMA : 7 ...................................................-...........................X 8 Washington, D.C. 9 Monday, May 4, 1992 10 Deposition of DAVID T. AUSTERN, a witness 11 herein, called for examination by counsel for Plaintiffs 12 in the above-entitled matter, pursuant to Notice, the 13 witness being duly sworn by JAN A. WILLIAMS, a Notary 14 Public in and for the District of Columbia, taken at the 15 offices of Manville Personal Injury Settlement Trust, 16 1825 Eye Street, N.W., Suite 300, Washington, D.C., at 17 10:45 a.m., Monday, May 4, 1992, and the proceedings 18 being taken down by Stenotype by JAN A. WILLIAMS and 19 transcribed under her direction. 20 21 22 ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 1 APPEARANCES: 2 3 On behalf of the Plaintiffs: 4 PETER A. KRAUS, ESQ. 5 Baron & Budd, P.C. 6 The Centrum 7 3102 Oak Lawn Avenue h 8 Suite 1100 9 Dallas, Texas 75219 10 (214) 521-3605 11 12 On behalf of Defendant Owens-Corning Fiberglas: 13 RICHARD M. CRUMP, ESQ. 14 Crosby, Saad & Beebe, P.C. 15 Suite 600 16 3290 Dauphin Street 17 Mobile, Alabama 36606 18 (205) 476-3000 19 20 21 22 2 ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 1 APPEARANCES: (Continued) 2 3 On behalf of Defendant Flintkote, Inc.: 4 KELLY A. McCLOSKEY, ESQ. 5 Thompson, Hine and Flory 6 1920 N. Street, N.W. 7 Washington, D.C. 20036-1601 8 (202) 331-8800 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 3 4 1 CONTENTS 2 3 THE WITNESS 4 DAVID T. AUSTERN EXAMINATION BY COUNSEL FOR THE PLAINTIFFS 5 By Mr. Kraus 6 7 7 EXAMINATION BY COUNSEL FOR DEFENDANT OWENS-CORNING FIBERGLAS 8 By Mr. Crump 9 10 35 FURTHER EXAMINATION BY COUNSEL FOR THE PLAINTIFFS 11 By Mr. Kraus 12 54 FURTHER EXAMINATION BY 13 COUNSEL FOR DEFENDANT 14 OWENS-CORNING FIBERGLAS 15 By Mr. Crump 56 16 17 EXHIBITS 18 EXHIBIT NO. PAGE NO. 19 Plaintiff's Exhibit Nos. 1 through 19 5 20 21 * Plaintiff's Exhibit Nos. 12 through 14 retained by 22 counsel. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 5 1 PROCEEDIN GS 2 (The documents referred to 3 were marked Plaintiff's 4 Exhibit Nos. 1 through 19 5 for identification.) 6 MR. KRAUS: Let me state for the record that I 7 am counsel for Plaintiffs, my name is Peter Kraus. 8 I have had the court reporter mark as Exhibit l 9 an Amended Notice of taking the oral deposition of David 10 Austem. And I had copies of this Notice served on 11 counsel for Owens-Illinois, Rock Wool, Garlock, A.W. 12 Chesterton, Owens-Illinois/Keene, Flintkote, John-Crane, 13 Pittsburgh Coming, Fiber Board, the Center for Claims 14 Resolution, Defendants Owens Corning Fiberglas, and 15 AC&S. 16 MR. CRUMP: Excuse me. Let me state something 17 for the record. 18 As a preliminary matter, it is my understanding 19 that there were motions to quash this deposition filed in 20 the Circuit Court of Mobile and that there was a phone 21 hearing held on those motions this morning. I was not 22 party to the phone hearing, but Mr. Kraus advises me that ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 6 1 the motions were denied. 2 MR. KRAUS: Let me just clarify that, Richard, 3 for the record. The hearing never took place, I never 4 spoke with the judge, I learned only from his secretary 5 that there would be no hearing and he would not rule on 6 any of the motions to quash these depositions. 7 MR. CRUMP: I understand. Thank you for 8 clarifying. 9 In any event the motions to quash then are 10 outstanding on this deposition and we do not by our 11 appearance here waive any grounds for quashing this 12 deposition which are asserted in those motions. 13 Additionally we would object in that we had not 14 had an opportunity prior to today to review the exhibits 15 tendered to Mr. Austern. Polly Kellar requested those 16 Friday and she was informed he wasn't sure which 17 documents he would tender to Mr. Austern and that maybe, 18 if we could check back later, we could be told that 19 information, although he was leaving shortly I believe 20 sometime Saturday to come to D.C. 21 So we don't waive any of those objections that 22 either were stated in the motions to quash which I have ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 7 1 stated or will state during the course of the deposition. 2 Whereupon, 3 DAVID T. AUSTERN 4 Was called as a witness by counsel for Plaintiff, and 5 having been duly sworn by the Notary Public, was examined 6 and testified as follows: 7 EXAMINATION BY COUNSEL 8 FOR THE PLAINTIFFS 9 BY MR. KRAUS: 10 Q. Would you state your full name for the record, 11 sir. 12 A. David Thomas Austern. 13 Q. And, Mr. Austern, what is your occupation? 14 A. I'm general counsel of the Manville Personal 15 Injury Settlement Trust. 16 Q. Would you describe briefly what your duties are 17 as general counsel for the Manville Personal Injury 18 Settlement Trust? 19 A. I direct the legal department in the trust and 20 supervise the lawyers and other staff in that 21 department. I also supervise the corporate legal affairs 22 of the trust both internally and with respect to the ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 1 trust's relationship with the Manville Corporation and I 2 supervise the litigation that the trust is in. 3 Q. Would you describe briefly what the Manville 4 Trust is? 5 A. The Manville Trust was -6 MR. CRUMP: I object. We didn't state any 7 stipulations on the record. I assume the uspal 8 stipulations apply, although I don't know that, but I 9 would object on the record as to the relevance of that. 10 THE WITNESS: The trust was created by a plan 11 of reorganization under Chapter 11 of the bankruptcy code 12 pursuant to which the trust was given certain assets of 13 the Manville Corporation and assumed certain liabilities 14 of the Manville Corporation. It is a New York common law 15 trust. 16 BY MR. KRAUS: 17 Q. Would you describe please the connection 18 between the Manville Trust and the Manville Corporation. 19 A. We own on a fully diluted basis 80 percent of 20 the stock of the Manville Corporation, both preferred and 21 common. We are also the corporation's largest creditor 22 and are on a weekly and sometimes more frequently basis ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 9 1 in contact with the Manville Corporation about its 2 affairs. 3 Q. Can you describe for me, sir, the relationship 4 between the Manville Corporation and a company that was 5 known as the Johns-Manville Corporation? 6 A. During the Chapter 11 bankruptcy, I mentioned 7 the Johns-Manville Corporation which consisted of - - the 8 Johns-Manville Sales Corporation and ten or possibly 11 9 subsidiaries were formed into the Manville Corporation. 10 So it is the successor corporation to Johns-Manville. 11 Q. Sir, was Johns-Manville a participant in the 12 asbestos industry? 13 MR. CRUMP: Object to the form of the question. 14 THE WITNESS: It was. 15 BY MR. KRAUS: 16 Q. What happened to the documents maintained by 17 Johns-Manville in the course of its business related to 18 its participation in manufacturing, mining, and milling 19 of asbestos products? 20 MR. CRUMP: I object to the form of the 21 question in that there was no proper predicate or 22 foundation laid that shows this gentleman has this ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 10 1 knowledge. 2 THE WITNESS: The corporation had what I'll 3 divide just for the sake of explanation into two types of 4 documents. They had asbestos-related documents which 5 Johns-Manville and its successor corporation, Manville, 6 had used in litigation either defending personal injury 7 lawsuits filed against the corporation prior to August of 8 1982 when the corporation declared bankruptcy and 9 additionally documents used by Manville as plaintiff in 10 litigation first against its insurance carriers in 11 California and later in a case filed in the Court of 12 Claims in the District of Columbia against the United 13 States Government. That was one set of documents. 14 And the other set of documents were all other 15 asbestos-related documents which Manville did not use in 16 its either defending itself in litigation or using as 17 plaintiff in litigation. 18 BY MR. KRAUS: 19 Q. Okay. What happened to those documents related 20 to Manville's participation in the asbestos-related 21 industry? 22 MR. CRUMP: Again I object to the form of the ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 11 1 question in that there is no proper predicate or 2 foundation laid that shows that this gentleman has that 3 knowledge. 4 BY MR. KRAUS: 5 Q. Let me strike that then and rephrase. 6 Sir, do you have knowledge of what happened to 7 documents related to Johns-Manville Corporation's 8 participation in the asbestos industry? 9 A. Yes. 10 Q. And how do you have that knowledge, sir? 11 A. When I first became employed by the trust, I 12 went to Denver, Colorado, where Manville was 13 headquartered, to their headquarters building. And I was 14 actually shown the litigation part of the documents that 15 I referred to, consisting of virtually thousands of 16 documents involved in the 17,000 or so pending personal 17 injury cases which were stayed by the bankruptcy and in 18 addition an equally large and perhaps even slightly 19 larger group of documents which Manville had used in the 20 litigation in California against its insurance carriers 21 which was then over and was presently using in the Court 22 of Claims in its suit against the government. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 12 1 MR. CRUMP: Move to strike those portions of 2 this gentleman's answer which are clearly hearsay in 3 which he was shown documents and was told or is purported 4 to know whose documents they appear to be. 5 BY MR. KRAUS: 6 Q. Sir, did those documents which you reviewed at 7 the Manville Corporation include the internal documents 8 of Johns-Manville Corporation in asbestos-related 9 businesses? 10 MR. CRUMP: Object to the form. 11 THE WITNESS: It included them. Obviously in 12 the personal injury side there were plaintiffs' documents 13 as well, but it included the asbestos work of 14 Johns-Manville. 15 BY MR. KRAUS: 16 Q. Sir, what happened to those asbestos-related 17 documents in 1988? 18 MR. CRUMP: Object to the form. 19 THE WITNESS: We, the trust, had transferred to 20 a warehouse which we leased in Denver all of the Manville 21 documents used in the insurance litigation in 22 California. We had transferred to us in the District of ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 13 1 Columbia most, not all, but most of the personal injury 2 documents which Manville had had pending in 1982 in the 3 thousands of lawsuits that were stayed. 4 We had transferred to us to the Denver 5 warehouse all of the documents Manville was not currently 6 using in the lawsuit against the United States Government 7 in the Court of Claims and then copied the documents 8 which they were currently using during that litigation 9 and then had transferred to us in the same warehouse in 10 Denver all of the asbestos documents from wherever they 11 were located in the country. They were in three 12 principal places, in Manville facilities, some of which 13 were closed, some of which were opened, by truck and 14 brought to us in the Denver warehouse. 15 BY MR. KRAUS: 16 Q. Sir, are you now the custodian for those 17 documents related to Manville's asbestos activities? 18 MR. CRUMP: Excuse me. Are you referring to 19 Mr. Austem personally or the Manville Trust as an 20 entity? 21 MR. KRAUS: I am referring to Mr. Austem 22 personally. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 14 1 BY MR. KRAUS: 2 Q. Are you, Mr. Austern, now the custodian for 3 those documents related to Manville's asbestos-related 4 activities? 5 A. Yes, I am. 6 Q. Sir, let me show you what's been marked as 7 Plaintiff's Exhibit No. 2. 8 A. Okay. 9 Q. Would you identify what that is? 10 A. This is an affidavit which I prepared and 11 signed in March of last year. 12 Q. Is that affidavit true and correct to the best 13 of your knowledge, sir? 14 A. It is -15 MR. CRUMP: Excuse me. I object to the form in 16 that the document speaks for itself. 17 THE WITNESS: It is accurate. 18 BY MR. KRAUS: 19 Q. I'm going to show you a series of exhibits 20 here, and let me identify them for the record. 21 First Plaintiff's Exhibit No. 3 which is also 22 labeled Plaintiff's Exhibit JM 3, a letter to ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 15 1 Mr. Vandiver Brown, Attorney, dated October 1, 1935, with 2 an attached letter dated September 25, 1935, to 3 Mr. Sumner Simpson from Ms. Rossiter of Asbestos 4 Magazine. 5 Plaintiff's Exhibit No. 4 also marked JM 4, an 6 October 3, 1935, letter to Mr. Sumner Simpson from 7 Mr. Vandiver Brown. 8 Plaintiff's Exhibit No. 5, also marked 9 Plaintiff's Exhibit JM 6, a Memorandum of Agreement dated 10 November 20, 1936. 11 Plaintiff's Exhibit No. 6, a February 27, 1937, 12 letter to Mr. Sumner Simpson from Vandiver Brown. 13 Plaintiff's Exhibit No. 7, also marked JM 12, 14 that's Plaintiff's Exhibit JM 12, a May 11, 1937, letter 15 to Raybestos-Manhattan, Inc., from Vandiver Brown, 16 attaching a First Progress Report on Asbestos Experiments 17 dated May 5, 1937. 18 Plaintiff's Exhibit 8 also marked Plaintiff's 19 Exhibit JM 16, a May 3, 1939, letter to Sumner Simpson 20 from Vandiver Brown. 21 Plaintiff's Exhibit 9, also marked JM 29, a 22 February 24, 1943, letter to Vandiver Brown from Leroy U. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 16 1 Gardner, attaching an Outline of Proposed Monograph on 2 Asbestosis. 3 Plaintiff's Exhibit No. 10, also marked 4 Plaintiff's Exhibit JM 30, a June 18, 1943 letter to 5 Mr. Sumner Simpson from A. S. Rossiter, attaching a 6 June 14, 1943, letter to Mr. John E. Morgan. 7 Plaintiff's Exhibit No. 11, an April 30, 1948, 8 letter to Mr. Ernest Muehleck, I cannot read the name 9 exactly, but he's identified as the president of Keasbey 10 & Mattison Company, from Vandiver Brown. 11 Plaintiff's Exhibit 12, also marked Plaintiff's 12 Exhibit JM 283, a December 8, 1936, letter to Members of 13 the Asbestos Industry from Mr. C. J. Stouffer. 14 Plaintiff's Exhibit 13, also marked Plaintiff's 15 Exhibit JM 292, a picture with caption identified as the 16 May 1945, International Hygiene Trustees Meeting. 17 Plaintiff's Exhibit No. 14, also marked 18 Plaintiff's Exhibit JM 294, a Xerox of a publication 19 entitled Health and Industry dated on the facing page 20 November 7, 1946. 21 Plaintiff's Exhibit 15, also marked Plaintiff's 22 Exhibit JM 296, a Report of Preliminary Dust ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 17 1 Investigation for the Asbestos Textile Institute dated 2 June 1947. 3 Plaintiff's Exhibit 16, also identified as 4 Plaintiff's Exhibit JM 306, a letter dated December 6, 5 1956, to Mr. Hugh M. Jackson from Daniel C. Braun. 6 Plaintiff's Exhibit No. 17, also marked 7 Plaintiff's Exhibit JM 310, an August 23, 1957, letter to 8 Mr. Hugh M. Jackson from Daniel C. Braun with attached 9 references. 10 Plaintiff's Exhibit 18 also marked Plaintiff's 11 Exhibit JM 416, a June 12, 1961, confidential memorandum 12 to.Mr. A. W. Spedding, from Leon Morowitz or Horowitz, 13 it's not readable. 14 Plaintiff's Exhibit 19, also marked Plaintiff's 15 Exhibit JM 297, dated July 11, 1947, a Memorandum on 16 Plant of Johns-Manville Corporation. 17 MR. CRUMP: Just for the record, I don't want 18 my silence to be construed as an admission that those 19 documents are what Mr. Kraus says that they purport to 20 be. 21 MS. McCLOSKEY: Do you have any copies of the 22 exhibits? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 18 1 MR. KRAUS: Yes. 2 MS. McCLOSKEY: Thank you. 3 BY MR. KRAUS: 4 Q. Would you review these, sir. And by these I'm 5 referring to Exhibits 3 through 19 I just identified. 6 A. Okay. 7 Q. Mr. Austern, are Exhibits 3 through 19 genuine 8 and authentic copies of documents maintained in the files 9 of the Manville Trust? 10 MR. CRUMP: Excuse me. I want to object to the 11 form of the question inasmuch as I understand the Alabama 12 rules and the law of the state of Alabama, documents 13 cannot be authenticated en masse. As these are a number 14 of different documents from different authors, I object 15 to Mr. Austern identifying them en masse. 16 BY MR. KRAUS: 17 Q. Then let's go through them one by one. Is 18 Exhibit 3 a genuine and authentic copy of a document 19 maintained in the files of Manville Trust? 20 MR. CRUMP: I object to the form of that 21 question in that there is no foundation laid or proper 22 predicate for that and it does not comport with the ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 19 1 Alabama rules of law of authentication. 2 BY MR. KRAUS: 3 Q. Did you answer? 4 A. No, I didn't. The answer is yes. 5 Q. Is Exhibit 4 a genuine and authentic copy of a 6 document maintained in the files of Manville Trust? 7 MR. CRUMP: Same objection that I just stated. 8 THE WITNESS: Yes, it is. 9 BY MR. KRAUS: 10 Q. Is Exhibit 5 a genuine and authentic copy of a 11 document maintained in the files of Manville Trust? 12 MR. CRUMP: Same objection. 13 THE WITNESS: Yes, it is. 14 MR. CRUMP: Can I just have that same objection 15 as to all the documents which you are going to ask this 16 gentleman about? 17 MR. KRAUS: Yes. 18 MR. CRUMP: Yes? 19 MR. KRAUS: Yes. 20 BY MR. KRAUSi: 21 Q. Is Exhibit 6 a genuine and authentic copy of a 22 document maintained in the files of Manville Trust? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 20 1 A. Yes it is. 2 Q. The same about 7? 3 A. Yes. 4 Q. And is 8 also? 5 A. Yes. 6 Q. And is 9 also? 7 A. Yes. 8 Q. And is 10 also? 9 A. Yes. 10 Q. By also you understand I mean the same question 11 I just asked you, whether these are genuine and authentic 12 copies of documents maintained in the files of the 13 Manville Trust? 14 A. I understand. 15 Q. And is 11 also? 16 A. Yes. 17 Q. And 12? 18 A. Yes. 19 Q. And 13? 20 A. Yes. 21 Q. And 14? 22 A. Yes. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 21 1 Q. Fifteen? 2 A. Yes. 3 Q. Sixteen? 4 A. Yes. 5 Q. Seventeen? 6 A. Yes. 7 Q. Eighteen? 8 A. Yes. 9 Q. Nineteen? 10 A. Yes. 11 Q. And, sir, are you the custodian for these 12 documents? 13 MR. CRUMP: Object to the form. 14 THE WITNESS : Yes . 15 BY MR. KRAUS: 16 Q. Sir, is there anyone else in either the 17 Manville Trust or the Manville Corporation who maintains 18 a collection or a repository of all these documents? 19 A. No. 20 Q. Sir, have you seen original copies of these 21 documents? 22 MR. CRUMP: Object to the form. Again it calls ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 22 1 for him to verify seeing originals of a number of 2 different exhibits and I object to the form of that on 3 that basis. 4 BY MR. KRAUS: 5 Q. Answer it if you can, sir. 6 A. Can I refresh my recollection for a second? 7 Q. Yes. 8 A. I believe I'm going to say Exhibit 14, yes. 9 With respect to Exhibit 13, I have never seen the 10 original picture, but I have seen the original magazine 11 or a copy of the original magazine. With respect to all 12 the exhibits up to 13, I have seen either carbon copies 13 on tissue paper of Vandiver Brown's correspondence to 14 Sumner Simpson or his colleague of what are frequently 15 referred to as the Sumner Simpson papers. Obviously, 16 where Vandiver Brown is the sender, I have not seen the 17 original, I have seen the tissue copy or a tissue copy, I 18 can't say it's the only tissue copy. 19 With respect to correspondence to Vandiver 20 Brown from Sumner Simpson or others, in a few cases I 21 have seen the original letters and in some of those cases 22 the original letters were actually offered into evidence; ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 23 1 although I have seen them, I do not have them, I have 2 copies. 3 With respect to Exhibit 14, I have seen an 4 original publication; that is to say, this is a copy of 5 the original publication, there were obviously a number 6 of copies. 7 The same for Exhibit 15, I have seen -- this is 8 a copy, but I have seen what certainly appeared to be 9 original versions of Exhibit 15. 10 I cannot tell you that I have seen originals or 11 even tissues of 16 or Exhibit 17, but I certainly have 12 copies in my possession in the warehouse. And I have 13 seen what I believe are original typed versions of 14 Exhibits 18 and 19. 15 BY MR. KRAUS: 16 Q. Now, sir, for those documents which you just 17 identified as having seen either the original or a tissue 18 carbon copy, did those documents that you actually saw 19 appear to be aged? 20 MR. CRUMP: Object to the form of the question 21 because there's no specificity with respect to which 22 documents he saw. In particular I would cite to the fact ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 24 1 that he saw some but not all of the original of what he 2 referred to as the Sumner Simpson papers and I would 3 object to lack of foundation as to whether this witness 4 can testify to their age or not. 5 BY MR. KRAUS: 6 Q. Sir, in light of the objection, I think we had 7 better break this down again. With regard to Exhibit 3 8 and the attachment, have you seen either the original or 9 a tissue carbon copy original of that? 10 A. Yes. 11 Q. Did they appear to be aged? 12 MR. CRUMP: Object to the form. 13 THE WITNESS: They did. 14 BY MR. KRAUS: 15 Q. Did they appear to be in a condition so as to 16 create no suspicion as to their authenticity? 17 MR. CRUMP: I object to the form, it calls for 18 a conclusion that I think is best left to the Court. 19 THE WITNESS: I certainly believed they were 20 authentic. 21 BY MR. KRAUS: 22 Q. Do you have any reason to believe that the ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 25 1 dates reflected on the documents are incorrect? 2 A. No. 3 Q. Let me show you Exhibit 4. Have you seen 4 either an original or a tissue copy, original carbon copy 5 of that document? 6 A. Yes. 7 Q. Did it appear to be aged? 8 MR. CRUMP: Same objection as to the form, lack 9 of predicate or foundation. 10 THE WITNESS: It did. 11 BY MR. KRAUS: 12 Q. Is there any reason for you to believe that the 13 date is incorrect on that document? 14 A. No. 15 Q. Same question as to Exhibit 5 here. Have you 16 seen an original or a carbon copy of that document? 17 MR. CRUMP: Same objection. 18 THE WITNESS: I have seen a typed original of 19 that document which I believe has the original signatures 20 on it. 21 BY MR. KRAUS: 22 Q. Any reason to doubt that the date reflected on ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 26 1 that document is in any way incorrect? 2 MR. CRUMP: Object to the form. 3 THE WITNESS: No. 4 BY MR. KRAUS: 5 Q. The original typed copy appeared to be aged? 6 A. Oh, yes. 7 Q. Let me show you Exhibit 6. Have you seen 8 either an original or an original carbon copy of Exhibit 9 6? 10 A. Carbon copy, yes. 11 Q. Did it appear to be aged? 12 MR. CRUMP: Same objection. 13 THE WITNESS: Yes. 14 BY MR. KRAUS: 15 Q. Do you have any reason to believe that the date 16 reflected on that exhibit was incorrect? 17 A. It appeared to be correct. 18 Q. Have you seen Exhibit 7, have you seen either a 19 copy or an original tissue carbon copy? 20 A. I've seen a tissue carbon copy of this. 21 Q. Did it appear to be aged? 22 MR. CRUMP: Same objection. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 27 1 THE WITNESS: Yes, it did appear to be aged. 2 BY MR. KRAUS: 3 Q. Any reason to believe the date reflected on 4 that exhibit is not correct? 5 MR. CRUMP: Same objection. 6 THE WITNESS: Same answer. 7 BY MR. KRAUS: 8 Q. I show you what's been marked as Exhibit 8. 9 Have you seen an original or an original carbon copy of 10 Exhibit 8? 11 A. A carbon copy again. 12 Q. Did it appear to be aged? 13 MR. CRUMP: Same objection. 14 THE WITNESS: Yes, it did. 15 BY MR. KRAUS: 16 Q. Any reason to believe the date is not correct 17 on that exhibit? 18 MR. CRUMP: Same objection. 19 THE WITNESS: I believe it's correct. 20 BY MR. KRAUS: 21 Q. I show you Plaintiff's Exhibit 9. Have you 22 seen an original or a carbon copy of Plaintiff's Exhibit ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 28 1 9? 2 A. I have seen a carbon copy. 3 Q. Did that tissue carbon copy appear to be aged? 4 A. It did. 5 Q. Any reason to believe that the date reflected 6 on that exhibit is incorrect? 7 MR. CRUMP: Object to the form, particularly in 8 light of the fact that there is an attachment; and, 9 whether or not the date on the cover letter is correct or 10 if it appears aged, object to the form with reference to 11 applying that to any attachments. 12 THE WITNESS: I believe it's correct. 13 BY MR. KRAUS: 14 Q. How about the attachment, sir? 15 A. I believe the age of this is correct as well. 16 MR. CRUMP: I object to the form. I don't see 17 a date on that document anywhere. 18 THE WITNESS: I'm relying on the date of the 19 letter. 20 BY MR. KRAUS: 21 Q. Fine. Have you seen a copy of the attachment? 22 A. Yes. And there appears to be an attachment to ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 29 1 the attachment. In any event, I have seen the entire 2 document. 3 Q. And did the attachment and the attachment to 4 the attachment appear to be aged as well, sir? 5 A. Yes, they did. 6 Q. Let me show you Plaintiff's Exhibit 10. 7 A. Yes. 8 Q. Have you seen an original or an original carbon 9 copy of Plaintiff's Exhibit 10? 10 A. I have. 11 Q. Did it appear to be aged? 12 MR. CRUMP: Same objection. 13 THE WITNESS: Yes, it did. There's also an 14 attachment to Exhibit 10 which bears a date four days 15 earlier. 16 BY MR. KRAUS: 17 Q. Do you have any reason to believe that the date 18 of the letter or the attachment is not correct? 19 MR. CRUMP: Same objection. 20 THE WITNESS: I believe it's correct. 21 BY MR. KRAUS: 22 Q. Let me show you what's been marked as ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 30 1 Plaintiff's Exhibit 11. Have you seen an original or an 2 original carbon copy of Plaintiff's Exhibit 11? 3 A. Yes, I have. 4 Q. Did it appear to be aged? 5 MR. CRUMP: Same objection. 6 THE WITNESS: It appeared to be aged. 7 BY MR. KRAUS: 8 Q. Do you have any reason to believe that the date 9 reflected on that document is not correct? 10 MR. CRUMP: Same objection. 11 THE WITNESS: I believe it's correct. 12 BY MR. KRAUS: 13 Q. Let me show you what's been marked as 14 Plaintiff's Exhibit 12. Have you seen an original or an 15 original carbon copy of Plaintiff's Exhibit 12? 16 A. Yes, I have. 17 Q. Did it appear to be aged? 18 A. It did. 19 MR. CRUMP: Excuse me. I'm going to have the 20 same objection to did it appear to be aged and did 21 the -- the same two questions that Mr. Kraus has been 22 asking, did the document appear to be aged and did it ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 31 1 appear to be the date that was reflected, I think the 2 basic thrust of those questions, that I have the same 3 objection to all of those. And if you will give me a 4 standing objection on that. 5 MR. KRAUS: That's fine. 6 MR. CRUMP: Thank you. 7 THE WITNESS: It appeared to be aged. 8 BY MR. KRAUS: 9 Q. Do you have any reason to believe that the date 10 reflected on that document is incorrect? 11 A. No, I believe it's correct. 12 Q. Let me show you what's been marked as 13 Plaintiff's Exhibit No. 13. I believe you testified 14 earlier that you have seen a copy, an original copy of 15 the magazine that that picture came from? 16 A. Yes. Let me tell you, I believe it's a 17 privately printed magazine, I don't suggest it's like 18 Time or Newsweek or anything like that, and I believe 19 it's also a program for a convention or some meeting. 20 But yes, I have seen the original. 21 Q. And do you have any reason to believe that the 22 May 1945 date of that picture is incorrect? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 32 1 A. I have no reason to believe it's incorrect. 2 Q. Sir, did that original copy of that program 3 that you have seen appear to be aged? 4 A. Yes. 5 Q. And, sir, let me show you what's been marked as 6 Plaintiff's Exhibit 14 dated on the facing page November 7 7, 1946. Have you seen an original copy of ;that 8 document? 9 A. I have seen an original in the exact spiral 10 form that the first page appears to be copied from. 11 Q. And did it appear to be aged? 12 A. Yes, it did. 13 Q. Do you have any reason to believe that the date 14 reflected on that exhibit is incorrect? 15 A. I believe it's correct. 16 Q. With regard to Exhibit 15, sir, have you seen 17 an original or an original carbon copy of that report? 18 A. I have seen an original, what appeared to be an 19 original version of this report. 20 Q. Did it appear to be aged? 21 A. It did. 22 Q. Do you have any reason to believe that the date ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 33 1 reflected on that document is not correct? 2 A. I believe it's correct. 3 MR. CRUMP: Excuse me. Off the record just a 4 second. 5 (Discussion off the record.) 6 BY MR. KRAUS: 7 Q. Mr. Austern, I believe you testified earlier 8 that Exhibits 16 and 17 you have not seen originals or 9 original carbon copies of? 10 A. That's correct. 11 Q. You are, however, the document custodian for 12 these documents? 13 A. That's correct. 14 Q. And do you have any reason to believe the dates 15 reflected on Exhibits 16 and 17 are incorrect? 16 MR. CRUMP: Object to the form, no predicate or 17 foundation. 18 THE WITNESS: No, I do not, I believe they're 19 correct. 20 BY MR. KRAUS: 21 Q. Let me show you Exhibit 18, sir. Have you seen 22 an original or an original carbon copy of this document? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 34 1 A. Yes, I have. 2 Q. Did it appear to be aged? 3 A. It did. 4 Q. Do you have any reason to believe the date 5 reflected on that exhibit is incorrect? 6 A. I believe it's correct. 7 Q. And the same question with 19, have you seen an 8 original or an original carbon copy of Plaintiff's 19? 9 A. Yes, I have. 10 Q. Did it appear to be aged? 11 A. It did. 12 Q. Do you have any reason to believe the date on 13 that document is incorrect? 14 A. I believe it's correct. 15 Q. And, sir, in summary are you the custodian for 16 Exhibits 3 through 19 for the Manville Trust? 17 A. Yes. 18 Q. And are Exhibits 3 through 19 genuine and 19 authentic copies of those documents that you are 20 custodian for? 21 MR. CRUMP: Same objection. 22 THE WITNESS: Yes, they are. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 35 1 BY MR. KRAUS: 2 Q. And do you have any reason to believe that any 3 of the dates reflected on Exhibits 3 through 19 are 4 incorrect? 5 MR. CRUMP: Same objection. 6 THE WITNESS: No, I do not. 7 MR. KRAUS: Pass the witness. 8 MR. CRUMP: May I have just a second, please. 9 EXAMINATION BY COUNSEL FOR 10 DEFENDANT OWENS-CORNING FIBERGLAS 11 BY MR. CRUMP: 12 Q. Let me ask you a few preliminary questions, 13 sir. When did you become affiliated with the Manville 14 Personal Injury Trust? 15 A. November 1 or 2, 1987. 16 Q. Prior to that date, had you had any connection 17 or affiliation with either the Manville Corporation or 18 Johns-Manville or any of its subsidiaries? 19 A. No. 20 Q. Would it be fair to say that prior to the 21 date of November 1, 1987, or November 2, whichever the 22 correct date is, you have no personal knowledge with ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 36 1 respect to either the history of Johns-Manville 2 Corporation, the recordkeeping procedures of 3 Johns-Manville Corporation, or other aspects of its 4 corporate policies? 5 A. That's correct. 6 Q. How old a gentleman are you, sir? 7 A. I'm sorry? 8 Q. How old a gentleman are you? 9 A. Fifty-three, February 8, 1939. 10 Q. Do you recall most of the documents Mr. Kraus 11 asked you about were dated in the early to mid-thirties 12 and early forties, correct? 13 A. Correct. 14 Q. You would have been either not born or an 15 infant during the time that most of these documents were 16 purportedly authored? 17 A. Correct. 18 Q. And you clearly don't purport to have firsthand 19 knowledge with respect to the circumstances of offering 20 transmission or receipt of those documents? 21 A. I have no firsthand knowledge. 22 Q. As I understood your earlier testimony, sir, ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 37 1 the, quote, Manville documents are divided up into in 2 your opinion three categories, category one or maybe 3 category one and two are really one category but 4 documents used in litigation, either third-party 5 litigation, insurance litigation by Johns-Manville, or 6 John Manville's claim against the United States? 7 A. That's correct. 8 Q. Can we just combine those into, quote, 9 litigation documents? 10 A. Certainly. 11 Q. And the other category would be anything other 12 than litigation documents? 13 A. That was asbestos-related. 14 Q. And do you have an independent recollection as 15 we sit here today with respect to Exhibits 3 through 19 16 that Mr. Klaus asked you about whether any of those came 17 from the, quote, litigation documents or any other 18 documents? 19 A. Almost all of them were given to me separately 20 at one time so I can't tell you. 21 Q. I believe that I understood your testimony 22 earlier correctly in that the litigation documents ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 38 1 included documents that Johns-Manville used, either their 2 own documents or documents that they obtained through 3 discovery; is that correct? 4 A. That's correct. 5 Q. So, with respect to the aspect or the portion 6 of the documents that are considered to be litigation 7 documents, those all are not necessarily internal 8 Johns-Manville documents or documents that are kept at 9 Johns-Manville, they may have been received through the 10 discovery process? 11 A. That is correct. 12 Q. And, as you sit here today, do you have an 13 independent recollection with respect to each of these 14 documents whether any of those were received by 15 Johns-Manville through the litigation discovery process 16 as opposed to being kept by them originally, do you have 17 any firsthand knowledge with respect to that? 18 A. I have no firsthand knowledge, no. 19 Q. And I believe your characterization of the 20 documents that you reviewed when you went out to Denver 21 were thousands and thousands of documents; is that 22 correct? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 39 1 A. You mean that were in Denver at the time. 2 Q. Yes. 3 A. Yes. 4 Q. And that was in approximately 1988? 5 A. Early '88. 6 Q. And approximately 1988 would have been the 7 first time that you would have personally seen any 8 documents that were the, quote, Manville documents; is 9 that correct? 10 A. No, that is not correct. 11 Q. Would it have been sometime after November l of 12 1987? 13 A. In December of '87 I was shown some documents. 14 Q. Do you have a recollection as you sit here 15 today whether any of the documents Mr. Kraus showed you 16 were included in the documents you saw in December of 17 1987? 18 A. Yes, they were. 19 Q. So would December of 1987 be a good starting 20 point with respect to your personally having seen any, 21 quote, Manville documents? 22 A. That's correct. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 40 1 Q. Would it be a fair statement, sir, that, from 2 the date that any of these documents may have been 3 authored to December 1987, you would have no personal 4 knowledge with respect to how they were kept, where they 5 were kept, or in what form they were kept? 6 A. I have no personal knowledge, that's correct. 7 Q. Now, you indicated that there were sources of 8 the documents other than the main Johns-Manville offices 9 in Denver? 10 A. That is correct. 11 Q. And I think you said there were three main 12 other sources. What were those three main other sources? 13 A. Manville, New Jersey, where Manville at one 14 time had a large plant and boxes were in storage there. 15 Lompoc, California, where similarly Manville had a large 16 plant, asbestos plant, and documents were sent to us from 17 Lompoc. And Bloomington, Illinois, on which I have no 18 firsthand knowledge, but huge numbers of documents came 19 from a Manville facility in Bloomington, I can only 20 assume a factory or a storage facility of some kind. 21 Q. As you sit here today, do you have personal 22 knowledge as to which of the documents, if any, that ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 41 1 Mr. Kraus has shown you today came from which of those 2 four facilities; in other words, Denver, Manville, 3 New Jersey, Lompoc, or Bloomington? 4 A. I don't believe any of the documents up to 5 exhibit - - can I refresh my recollection - - up to and 6 including Exhibit 12, I don't believe any of the 7 documents came from any of the three facilities you just 8 mentioned. 9 Q. Do you know at what point in time documents 10 from those facilities were sent to either Denver or 11 D.C.? 12 A. From those facilities? 13 Q. Yes. 14 A. They went to Denver and it was I would say from 15 April 1 to May 1, 1988, it was done by truck over a 16 period of time. 17 Q. Did you in any way oversee or supervise the 18 loading of the documents or the shipping of those 19 documents from the three facilities that we just 20 discussed to Denver? 21 MR. KRAUS: Object to the form of the 22 question. What do you mean about in any way oversee, you ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 42 1 mean actually there on the loading dock or involved in 2 the process? 3 BY MR. CRUMP: 4 Q. Do you understand my question, sir? 5 A. I think I do. I was not at the shipping end, 6 the loading end, of the documents. In a few cases I 7 believe I happened to be there when the documents arrived 8 in Denver. 9 Q. With respect to the documents in Denver, prior 10 to December or so of 1987, would you have had any direct 11 knowledge or input into the pulling together of all those 12 documents from the various sources within the Denver 13 facility? 14 A. Well, when I saw them in December of '87, they 15 were all pulled together. I can't tell you when that 16 happened. 17 Q. And you don't know, you have no personal 18 knowledge of who did that or under what circumstances 19 that was done or what protocol was followed to do that? 20 MR. KRAUS: Object on the grounds of 21 relevance. 22 THE WITNESS: Only through hearsay do I know ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 43 1 who did it. 2 BY MR. CRUMP: 3 Q. So the answer to my question would be that's 4 correct in terms of you have no personal knowledge? 5 A. I have no personal knowledge. 6 Q. Now, you mentioned the areas of litigation and 7 you mentioned insurance litigation that Johns-Manville 8 was involved in and a claim here in Washington against 9 the United States Government. 10 A. That's correct. 11 Q. And is it your understanding that that claim 12 was that Johns-Manville was pursuing either 13 indemnification by the government or compensation from 14 the government because of Johns-Manville having sold 15 asbestos products that were military spec'd products? 16 MR. KRAUS: Object to the question on a number 17 of grounds. First off it's completely irrelevant to the 18 purpose of this deposition; secondly, the witness has no 19 personal knowledge; thirdly, any government contract 20 defense-related questions are completely irrelevant to 21 this litigation. 22 THE WITNESS: To the extent I understand how ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 44 1 the Court of Claims works, I believe it was an 2 indemnification case. 3 BY MR. CRUMP: 4 Q. Sir, let me ask you about the affidavit that 5 was marked as Exhibit 2 I believe. Have you got that in 6 front of you, sir? 7 A. Yes. 8 Q. All right. You indicated that you drafted 9 that? 10 A. Yes. 11 Q. At whose request? 12 A. Somebody in the firm of Baron & Budd. 13 Q. Did that person provide you with the documents 14 about which they requested an affidavit on the 15 authenticity? 16 MR. KRAUS: Object to the form of the 17 question. 18 THE WITNESS: I'm not sure. You mean documents 19 themselves? 20 BY MR. CRUMP: 21 Q. Well -22 A. I believe I had a list --to clarify my answer, ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 45 1 I believe I had a list of documents, I'm not sure at the 2 time I had the documents. 3 Q. You were provided a list of documents by Baron 4 & Budd? 5 A. Yes. 6 Q. And the list would identify the date, author, 7 and recipient perhaps of the document or maybe the 8 subject matter of the document? 9 A. Essentially in the form of the affidavit, yes. 10 Q. And did you undertake to go to the document 11 repository and compare the documents that were identified 12 on the list with the originals in order to execute that 13 affidavit? 14 A. In some cases, yes; in some cases I had already 15 done that because of other affidavits in other 16 depositions. 17 Q. Do you have a recollection at this point in 18 time - - I understand it's four years later, do you have a 19 recollection of which of the documents you actually went 20 to the repository and verified as opposed to which you 21 did from memory from other affidavits? 22 A. Well, it's not four years later, it's one year ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 46 1 later. This is March of -- excuse me, you're right, 2 March of '91. Certainly the first 12 exhibits I had here 3 and had done that exercise before. I know the picture 4 and I recognize the picture and I've seen the original. 5 I believe 14 and 15, the two publications that 6 have been referred to, I have seen the originals a number 7 of times. I can't tell you with respect to 16 or 17 8 because I'm not sure I have ever seen originals and 9 frankly as I sit here I can't remember what I did with 18 10 and 19. 11 Q. Let me ask you a question, and I will need to 12 refer to the affidavit now. There are a couple of 13 documents that Mr. Kraus asked you about here today that 14 were not listed on this particular affidavit and I'm 15 going to go through them individually. But generally did 16 you review any documents in the repository in preparation 17 for the deposition here today? 18 A. No. 19 Q. Would it be fair to say that any testimony you 20 have given with respect to documents that were not 21 contained on this affidavit you're giving from memory in 22 terms of you haven't looked at that document recently in ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 47 1 the repository and compared it with any copy that 2 Mr. Kraus may have offered to you? 3 MR. KRAUS: Object to the form of the 4 question. 5 THE WITNESS: That's correct. But, to make it 6 clear, I had copies of these documents in advance of the 7 deposition. 8 BY MR. CRUMP: 9 Q. Yes, sir. 10 A. I have not compared them in preparation for 11 this deposition with copies in the warehouse, that's 12 correct. 13 Q. Let me see if I can find which ones I'm 14 particularly referring to. For example, Exhibit No. 15, 15 also identified as JM 296, I believe was identified by 16 Mr. Kraus as being a preliminary dust study sent to the 17 Asbestos Textile Institute; is that correct? 18 A. That's correct. 19 Q. If you'll look at your affidavit, I don't 20 believe that's one that you mentioned in your affidavit. 21 Certainly, if it is, it's not in chronology. 22 MR. KRAUS: Object on the grounds of relevance, ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 48 1 it's immaterial whether or not that was a document that 2 we asked about in his affidavit. 3 THE WITNESS: I agree, it does not appear to be 4 in the affidavit. 5 BY MR. CRUMP: 6 Q. And, aside from relying on your memory, 7 you have not taken the copy of Exhibit 15 that 8 Mr. Kraus has provided you and compared that with any 9 original document or such that may be kept in the 10 Manville repository? 11 A. Not in preparation for this deposition. 12 Q. A number of the documents Mr. Kraus showed to 13 you were not authored by someone at Johns-Manville; is 14 that correct? 15 A. That's correct. 16 Q. As to any of the documents, you have no 17 firsthand knowledge with respect to the mode of its 18 preparation or whether or not it was, in fact, prepared 19 at or about the time that the date is reflected on the 20 document? 21 A. I have no personal knowledge. 22 Q. And you have no personal knowledge with respect ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 49 1 to whether or not it was prepared at or about the time 2 that the event that purports to be depicted in the 3 document took place? 4 A. I have no such personal knowledge. 5 Q. As to the documents that were not authored by 6 someone at Johns-Manville, you have no firsthand 7 knowledge as to whether or not that document was prepared 8 in the regular course of business of whatever entity 9 authored it? 10 A. That's correct. 11 Q. Do you have any reason to believe that any of 12 the documents that Mr. Kraus has asked you about were 13 distributed outside of the named recipients on the face 14 of the documents? 15 A. I'm sorry, were they what? 16 Q. Distributed beyond the named recipients 17 indicated on the face of the document. 18 A. I don't know if they were or weren't. 19 Q. You have no information about that? 20 A. That's correct. 21 Q. This may be a variation on a question 22 I asked you earlier and I'm trying to understand ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 50 1 it to remember if I did ask you. If I did, I 2 apologize for my repetitiveness, and I'm going to 3 ask you several questions that are going to start 4 with the premise that -- let me just ask the questions. 5 With respect to the documents. Exhibits 3 6 through 19, that Mr. Kraus has shown you, do you agree 7 with me that all the documents bear a date before any 8 involvement by you with either Johns-Manville or Manville 9 Trust? 10 A. That's correct. 11 Q. And, with respect to whether or not the 12 documents authored by or purportedly authored by either a 13 Manville individual or authored outside Manville, you 14 have no personal knowledge regarding the method or 15 standard operating procedure employed by either Manville 16 or the purported author of the document with respect to 17 the making of business records? 18 A. That's correct. 19 Q. And you have no personal knowledge with respect 20 to either Manville or the purported author of the 21 document as to what was the regular practice of business 22 regarding the making of records during that period of ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 51 1 time? 2 A. That's correct. 3 Q. And you have no personal knowledge whether or 4 not any of the documents were made at the time of the 5 event recorded or within some close period of time 6 following that? 7 A. That's correct. 8 Q. With respect to all the documents that were 9 gathered from Manville facilities, and I think your 10 testimony was that all the documents that Mr. Kraus has 11 shown you here today you believe were gathered from 12 Manville facilities? 13 A. Correct. 14 Q. You have no personal knowledge what may or may 15 not have happened with those documents, how they were 16 stored, or any changes that could have been made on those 17 documents from the date that they bear to the time that 18 you first became involved with them in December of 1987 19 or thereabouts? 20 A. That's correct. 21 Q. Some of the documents contain what I will refer 22 to as marginalia or handwriting on the face of a typed ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 52 1 document, correct? 2 A. Correct. 3 Q. And would it be correct to say that you have no 4 personal knowledge regarding who may have put the 5 marginalia on there or when it may have been placed on 6 there? 7 A. With the exception of the numbered stamps, not 8 date stamps but number stamps that appear on the lower 9 right-hand corner of some of the documents, that is 10 correct. 11 Q. What I will refer to as the Bates stamp, that's 12 the printed number on the lower right-hand corner of some 13 of the documents? 14 A. That's correct. 15 Q. When and by whom were those numbers placed on 16 any of the documents that they appear on? 17 A. I can't tell you the identity of the person who 18 placed the numbered stamps on them, but I will tell you 19 that the numbered stamps refer to documents used either 20 in the insurance litigation by Manville or in the Court 21 of Claims litigation by Manville. 22 Q. Did either Manville or the trust attempt to ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 53 1 Bates stamp all the documents contained within its 2 various repositories? 3 A. I will tell you, the trust certainly did not. 4 I don't know if Manville did. 5 Q. With respect to the documents that Mr. Kraus 6 has shown you. Exhibits 3 through 19, he went through 7 each one of them individually and asked you if you had 8 seen an original and did it look aged and did you have 9 any reason to believe that it was dated other than the 10 date on the face of the document. 11 Do you have any firsthand knowledge other 12 than the date on the face of the document that the 13 document was, in fact, prepared on the date that it 14 bears? 15 A. That's what I rely on, the date on the 16 document. 17 Q. You have no firsthand knowledge other than that 18 date? 19 A. That's correct. 20 MR. CRUMP: I believe those are all the 21 questions I have. Thank you, sir. 22 MR. KRAUS: Just a couple of follow-up. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 54 1 FURTHER EXAMINATION BY COUNSEL 2 FOR THE PLAINTIFFS 3 BY MR. KRAUS: 4 Q. Mr. Austern, were all of these exhibits 5 among exhibits received by the trust in either 6 facilities, agents, or employees of the Manville 7 Corporation? 8 MR. CRUMP: Object to the form. 9 THE WITNESS: That's correct. 10 BY MR. KRAUS: 11 Q. Let me ask you once more to examine Exhibit 15 12 carefully. 13 A. Okay. 14 Q. Does it appear to be a genuine and authentic 15 copy of the original of that document which you have 16 reviewed? 17 MR. CRUMP: Object to the form, lack of 18 predicate or foundation. 19 THE WITNESS: Yes. 20 BY MR. KRAUS: 21 Q. You have reviewed the original of this 22 document? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 55 1 A. Oh, I've seen an original of this, yes. 2 Q. Isn't it true, sir, that, when the 3 Manville Trust took custody of all these documents, 4 all the asbestos-related documents of the Manville 5 Corporation, that they were covered with asbestos 6 dust? 7 MR. CRUMP: Object to the form. 8 THE WITNESS: The boxes that came to us from 9 the three facilities that I mentioned had to be vacuumed 10 before we opened them because they had asbestos dust on 11 them. 12 MR. KRAUS: Nothing further. 13 Thank you. 14 MR. CRUMP: Off the record for a second. 15 (Discussion off the record.) 16 MR. CRUMP: Please read back the first question 17 by Mr. Kraus on redirect. 18 THE REPORTER: Question: Mr. Austern, were all 19 of these exhibits among exhibits received by the trust in 20 either facilities, agents, or employees of the Manville 21 Corporation? 22 ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 56 1 FURTHER EXAMINATION BY COUNSEL FOR 2 DEFENDANT OWENS-CORNING FIBERGLAS 3 BY MR. CRUMP: 4 Q. Let me clarify one thing, sir. The litigation 5 in which Johns-Manville was involved, the third-party 6 litigation, the insurance litigation, and the Court of 7 Claims litigation was all ongoing. With respect to the 8 third-party litigation, it had stopped by the time you 9 became involved? 10 A. That's correct, it was subject to a bankruptcy 11 stay. 12 Q. And do you have information with respect to at 13 what point in time Johns-Manville first became involved 14 in third-party litigation? 15 A. Generally, yes. 16 Q. And approximately when was that? 17 A. I think the very first lawsuit was a Workers' 18 Compensation lawsuit in the '30s. But, as far as - 19 Q. I said third-party lawsuits. Do you understand 20 the distinction between third-party lawsuits and Workers' 21 Compensation? 22 A. Excuse me, you're absolutely right. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 57 1 With respect to the 17,000 or so personal 2 injury files we inherited, I believe the oldest pending 3 was over ten years old which would make it just prior to 4 1972. 5 Q. Okay. And the insurance litigation and the 6 Court of Claims litigation was litigation that was either 7 ongoing or had concluded prior to the time that you 8 became involved with either Manville or the trust? 9 A. The insurance litigation was definitely over 10 because we had the money, the insurance company money. 11 The Court of Claims litigation was ongoing. I don't mean 12 to say that trials were underway, but discovery was 13 ongoing. 14 Q. And, when Mr. Kraus asked you in 1988 when the 15 trust received the documents from JM, he asked you 16 whether or not they were received from the facilities, 17 agents, or employees of JM. Prior to JM turning them 18 over to the trust, you have no personal knowledge of 19 where JM may have gotten them including how much of them 20 may have come from the litigation through discovery from 21 plaintiffs or otherwise? 22 A. That's correct. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 58 1 MR. CRUMP: Thank you, sir. 2 MR. KRAUS: That's it. 3 (Thereupon, at 12:00 p.m., the taking of the 4 instant deposition ceased.) 5 6 7 Signature of the Witness 8 9 SUBSCRIBED AND SWORN to before me this day of 10 , 19. 11 12 13 NOTARY PUBLIC 14 My Commission Expires 15 16 17 18 19 20 21 22 ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO CERTIFICATE OF REPORTER UNTIED STATES OF AMERICA ) ss.: DISTRICT OF COLUMBIA ) I, JAN A. WILLIAMS, the officer before whom the foregoing deposition was taken, do hereby certify that the witness whose testimony appears in the foregoing deposition was duly sworn by me; that the testimony of said witness was taken by me to the best of my ability and thereafter reduced to typewriting under my direction; that I am neither counsel for, related to, nor employed by any of the parties to the action in which this deposition was taken, and further that I am not a relative or employee of any attorney or counsel employed by the parties thereto, nor financially or otherwise interested in the outcome of the action. My commission expires: _3_-5/-_f/ Notary Public in andfor the District of Columbia IN THE CIRCUIT COURT OF MOBILE COUNTY. ALABAMA IN RE: ALL ASBESTOS-RELATED * PERSONAL INJURY OR DEATH CASES * FILED OR TO BE FILED IN * MOBILE COUNTY, ALABAMA * AMENDED NOTICE OF TAKING ORAL DEPOSITION TO: ALL COUNSEL OF RECORD in the above-styled and numbered cause of action. PLEASE TAKE NOTICE that pursuant to the Alabama Rules of Civil Procedure, the deposition of David Austern, custodian of the records of the Manville Trust, will be taken stenographically on Monday, May 4, 1992, commencing at 10:30 A.M., and continuing until concluded, at the Manville Trust, 1825 Eye Street, N.W., Suite 300, Washington, D.C., before a certified court reporter from Alderson Reporting, 1111 14th Street, 4th Floor, Washington, D.C. 20005, telephone number 1-800-FOR-DEPO. All counsel of record are invited to attend and cross-examine. NOTICE OF TAKING ORAL DEPOSITION - Page 1 SAUSTERN(M0BILE5)cls (04/29/92) IA PLAINTIFFS EXHIBIT Respectfully submitted, BARON & BUDD A PROFESSIONAL CORPORATION The Centrum 3102 Oak Lawn Avenue Suite 1100 Dallas, Texas 75219 (214)521-3605 FAX: (214) 520-1181 to6M to By: RUSSELL W. BUDD State Bar No. 03312400 CERTIFICATE OF SERVICE I hereby certify that an exact copy of the foregoing Notice of Taking Oral Deposition has been delivered to all counsel of record herein for the Defendants via telecopy and U.S. Mail on this the 7,S 1"day of /) V? <"{ / , 1992. RUSSELL W. TSUDD ~ NOTICE OF TAKING ORAL DEPOSITION - Page 2 SAUSTERN(M08lLE5)cls (04/29/92) ************************************** THIS FILE HAS BEEN CLEARED. FILE FILE TYPE NO. 70 SEND IMMEDIATE MEMORY TRANS REPORT :BARON BUDD DEPT. PAGES RESULTS CODE 6/6 OK 6/6 OK 6/6 OK 6/6 OK 6/6 OK 6/6 OK 6/6 OK 6/6 OK 6/6 OK 6/6 OK 6/6 OK 6/6 OK ( APR 29 '92 10:49AM ) GROUP REMOTE TERMINAL IDENTIFICATION 5 SPEED DIAL 61 5 SPEED DIAL 62 5 SPEED DIAL 63 5 SPEED DIAL 64 5 SPEED DIAL 65 5 SPEED DIAL 66 5 SPEED DIAL 67 5 SPEED DIAL 68 5 SPEED DIAL 70 5 Speed DIAL 71 5 SPEED DIAL 72 5 SPEED DIAL 73 * ** * * * * * * * * * * * * * * * * * * * * * * ****** ************************************* FILE FILE TYPE NO. 70 SEND IMMEDIATE NEW FILE REFORT ^|^|^^|q|q|q|q|q|q|q|q|q|q|q|q|q|q|^|q|q|q|q|0|q|^q|Q|q|q|Q|^ :BARON BUDD ( APR 29 '92 10:00AM ) DEPT. PAGES CODE GROUP REMOTE TERMINAL IDENTIFICATION 5 SPEED DIAL 61 5 SPEED DIAL 62 5 SPEED DIAL 63 5 SPEED DIAL 64 5 SPEED DIAL 65 5 SPEED DIAL 66 5 SPEED DIAL 67 5 SPEED DIAL 68 5 SPEED DIAL 70 5 SPEED DIAL 71 5 SPEED DIAL 72 5 SPEED DIAL 73 REMAINING CALL CAPACITY 288 * * * * * * * * * * * # * * * * * * * * * * * * * * * * * * * * * * * * ^REOER'C* M BARON RuSSEllw buOD BRENTm ROSEN'-a JANE N SAG I N A W BRIAN O VVEINS-E S Saraho Clark lisa a BljE - 0 MARY S*Ei_N>K STEVEN D WOLENS Baron <Sc Budd a professional corporation ATTORNEYS AND COUNSELORS THE CENTRUM 3102 OAK LAWN AVENUE suite uOO Dallas. Texas 75210 (2)4) 5 21-3605 TELECOPIER (2>4) 520-1161 ' O IA N E M ANOREW WENOV L SmiT- jONAtwan oavio * `peter a kraws JENNIFER 6 CalmOlN JANICE E ROB'NSCn SCOTT M hENC.ER ERIC O BEA. C ANOREW WATERS 'LICENSED ONut in : L AND c " LICENSED ONL7 IN vA GROUP #5 DATE: A *A A SP.# 61 62 63 64 65 66 67 68 69 70 71 72 73. TO FAX NUMBER PHONE NUMBER W. MICHAEL ATCHISON(01) (205) 868-6098 (205) 868-6000 R. STAN MORRIS (ROCK WOOL) (205) 328-0013 (205) 328-2366 RICHARD VOLLMER (GARLOCK) (205) 479-7700 (205) 476-5900 E.B. MCDONOUGH (A.W. CHESTERTON) (205) 432-3300 (205) 432-3296 MICHAEL B. KINNARD (01/KEENE) (615) 525-8569 (615) 549-7000 JAMES W. TARLTON, III (FLINTKOTE) (205) 432-4276 (205) 432-7517 JAMES A. PHILIPS (JOHN-CRANE) (205) 344-7160 (205) 344-2814 j MARK L. REDDITT (PC/FIB) (205) 432-3736 (205) 432-3700 STEVEN M. HEATH (PC/FIB) (404) 353-0673 (404) 354-4000 NORWOOD S. WILNER (CCR) (904) 358-6889 (904) 354-8310 ! JON A. GREEN (OCF) (205) 471-0810 (205) 476-3000 MARY BETH MANTIPLY (AC6S) (205) 433-3559 (205) 433-3544 I DAVID BARFIELD (ACiS) (601) 353-6235 (601) 352-7500 NOTICE OF CONFIDENTIALITY The information contained in and transmitted with this facsimile is either subject to the Attorney-Client privilege; Attorney work product; or confidential and is intended only for t individual or entity designated above. You are hereby notified that any dissemination, distribution, copying, or use of or reliance upon the information contained in and transmitt with this facsimile by or to anyone other than the recipient designated above by the sender unauthorised and strictly prohibited. If vou have received this facsimile in error, please notify Baron 6 Budd by telephone at (214) 521-3605 immediately. Any facsimile erroneously transmitted to you should be immediately returned to the sender by O.S. Hail, or if authorisation is granted by the sender, destroyed. * FROM>pjt ( * Vy. f\ PAGES SENT (jp URGENT! PLEASE DELIVER IMMEDIATELY c:\fax\alastate A WASHINGTON, D.C. SS: AFFIDAVIT David T. Austern, being duly sworn, deposes and says: 1. I am General Counsel of the Manville Personal Injury Settlement Trust (the "Trust"), with offices at 1825 Eye Street, N.W., Washington, D.C. 20006. I am admitted to practice before the courts in Washington, D.C., New York, Indiana, and before numerous federal courts, including the United States Supreme Court. 2. The documents attached to this affidavit and listed below were delivered to the Trust for custodial purposes by the Manville Corporation during May, 1988. To the best of my knowledge, the documents had been maintained until May, 1988 by the Manville Corporation in the ordinary course of its business. Based on the locations from which the documents were delivered to the Trust and the communications I received from officers of the Manville Corporation concerning the documents, I believe the documents are authentic. 3. Since May, 1988 the Trust has been the custodian of these documents and has maintained the documents in the ordinary course of its business as a settlement trust. 4. The dates of these documents reflect that they are more than twenty years old. 5. Many of the attached documents and similar documents maintained by the Trust as described above have been admitted into evidence in asbestos personal injury trials throughout the United States since at least 1984. 6. The attached documents referenced herein are: JMl Notice of Directors Meeting served April 15, 1933. JM3 Letter dated October 1, 1935, to Vandiver Brown from Sumner Simpson with attachment: Letter to Sumner Simpson from A.S. Rossiter dated September 25, 1935. JM4 Letter dated October 3, 1935, to S'. Simpson from V. Brown. JM6 Memorandum of Agreement dated November 20, 1936. JM11 Letter dated February 27, 1937, to S. Simpson from V. Brown. JM12 Letter dated May 11, 1937, to S. Simpson from V. Brown with attachment: First Progress Report on Asbestosis Experiments at the Saranac Laboratory dated May 5, 1937. JM16 Letter dated May 3, 1939, to S. Simpson from V. Brown. JM19 Letter dated May 4, 1939, to V. Brown from President (S. Simpson). JM29 Letter dated February 24, 1943, to V. Brown from L.U. Gardner with attachment: -Outline of Proposed Monograph on Asbestosis." JM30 Letter dated June 18, 1943, to S. Simpson from A.S. Rossiter with attachment: Letter dated June 14, 1943, to J. Morgan, Dept, of Labor & Industries, State of Washington, from E. DeForest, Northwest Magnesia Association. JM31 Letter dated June 22, 1943, to V. Brown from S. Simpson. -2- JM32 JM86 JM89 JM102 JM118 JM121 JM132 JM134 JM141 JM146 JM152 JM159 JM178 JM179 JM181 JM182 JM201 JM207 JM210 Letter dated June 24', 1943, to S. Simpson from V. Brown. April 8, 1946, letter from L. Gardner to J.P. Woodward. April 18, 1946, letter from Gatke to V. Brown. August 15, 1946, letter from L. Gardner to V. Brown. December 2, 1946, letter from V. Brown to Bowditch. Minutes of meeting held January 21, 1947. July 29, 1947 letter from V. Brown to Woodward. Summary of findings. Letter dated December 29, 1947, to E. Day from R. Bertogliat. February 25, 1948, letter from Woodard to Vorwald. April 19, 1948, letter from V. Brown to Rohrbach. April 30, 1948, letter from V. Brown to E. Muehleck. September 14, 1948, letter from Thomas Gatke to V. Brown. October 12, 1948, letter from Thomas M. Durkan to J.P. Woodard. October 22, 1948, Asbestos Experiments report from V. Brown to E. Muehleck and J.F.D. Rohrbach. October 27, 1948, Saranac Laboratory Asbestos Dust Experiments report from V. Brown to American BrakeBlok, Gatke Corporation, Keasbey & Mattison Co., Raybestos-Manhattan, Inc., The Russell Mfg. Co., Thermoid Co., Union Asbestos & Rubber Co., and United State Gypsum. November 12, 1948 letter from Vandiver Brown to W.T. Kelly, Jr. December 14, 1948, letter from Dr. A.J. Lanza to Arthur Vorwald. March 3, 1948, letter from V. Brown to American BrakeBlok, Gatke Corporation, Keasby & Mattison Co., Raybestos-Manhattan, Inc., The Russell Mfg. Co., Thermoid Co., Union Asbestos & Rubber Co. and United States Gympsum Co. -3- JM226 JM2 60 JM2 61 JM2 68 JM270 JM277 JM280 JM282 JM2 83 JM292 JM294 JM297 JM298 June 14, 1949, letter from Thomas Gatke to V. Brown. March 21, 1951, letter from V. Brown to American BrakeBlok, Gatke Corp., Keasbey & Mattison Co., Raybestos-Manhattan, Inc., The Russell Mfg. Co., Thermoid Co., Union Asbestos & Rubber Co., and U.S. Gypsum Co. March 21, 1951, letter from V. Brown to Ivan Sabourin. Confidential report to the Johns-Manvilie Corp. by the Saranac Laboratory entitled "Asbestosis". January 31, 1949. Letter dated May 13, 1954, to H. Jackson from B.w. Luttenberger. Johns-Manvi lie Internal Correspondence da'ted May 7, 1976, to Labeling Review Committee from E.M. Fenner with Attachment: edited warning label. Letter dated January 22, 1935, to M.F. Judd from V. Brown with attachment: Memorandum regarding Mellon Institute of Industrial Research Symposium on Dust Problems-Pittsburgh-January 15, 1935. Letter dated December 4, 1936, to C.J. Stover from V. Brown. Letter dated December 8, 1936, to Members of the Asbestos Industry from C.J. Stover with attachment: Application for Membership of the Air Hygiene Foundation of American, Inc. Picture of the Industrial Hygiene Foundation Trustees' meeting held in the Board Room of the Johns-Manvilie Corp., in New York in May, 1945. Health in Industrv. Transactions Bulletin No. 8, 11th Annual Meeting of Industrial Hygiene Foundation of America, Inc., November 7, 1946. Industrial Hygiene Foundation of America, Inc. Memorandum on Plant of Johns-Manvilie Corp. dated July 11. 1947. Supplementina the General Report. "Preliminary Dust Investigation for Asbestos Textile Institute" of June, 1947. Letter dated February 25, 1948, to Arthur Vorwald from J.P. Woodard. -4- JM301 JM3 06 JM310 JM313 JM319 JM320 JM321 JM322 JM323 JM3 81 JM386 IHF Memorandum on Proposed Epidemiological Study of Lung Cancer in Asbestos Workers for the Quebec Asbestos Mining Association dated March 16, 1956. Letter dated December 6, 1956, to Hugh Jackson from Daniel Braun. Letter dated August 23, 1957, to Hugh Jackson from Daniel Braun with attachment: References of articles showing an association between lung cancer and asbestosis. Letter dated December 30, 1957, to Ivan Sabourin from Dr. K. Smith. Letter dated December 15, 1934, to V. Brown from G. Hobart. Letter dated December 18, 1934, to M.F. Judd from V. Brown. Report by the Industrial Health Service Policyholders Service Bureau of the Metropolitan Life Insurance Co., New York, entitled "Effects of the Inhalation of Asbestos Dust Upon the Lungs of Asbestos Workers." Letter dated December 21, 1934, to A.J. Lanza from V. Brown. Letter dated December 24, 1934, to M.F. Judd from V. Brown. Nima Committees, 1963-1964. June 16. 1966 - Minutes of the Health and Safety Committee Meeting of the National Insulation Manufacturers Association. -5- JM416 Confidential Memo dated June 12, 1961 to A.w. Spedding from Leon B. Horowitz. David T. Austern Subscribed and sworn to before me this /sCX dav of February-, 1991. /M/oec-H My commission expires: jjy Commission Expires May 14,1994 -6- Bridgeport, Conn. Oct. 1, 1935 Ur. Vandiver Dro7.n, Attorney, Johns-Manville Corp., 22 Bast 40th St., New York City. Hy dear Mr. Brown: Enclosed is copy of a letter re ceived from Ills:: Hossiter, of "Asbestos." As I see it personally, we would be just as roll off to say nothing about .it until our survey is complete. I think the lens mid about asbestos, the better off we are, but at the same tine, yjc cannot lose track of the fact that there have been a number of articles on asbestos oust con trol and asbestosis in the British trade magazines. The magazine "Asbestos" is In business to publish articles affecting the trace and they have been very decent about not re-printing the English articles. I shall be pleased to have your opiniotf in the natter. Very truly yours, SS-G. Enc. President 1 PLAINTIFFS EXHIBIT \ Vv.' yy T^ublisJied ^ :2 =1 ^ 16th Floor, Inquirer Bldg, PHILADELPHIA, PA., U. S. A. Septembor 25, 19^5. C Mr. Sumner Simpson, President, riaybestos-*'anhattan, Inc., Bridgeport, Conn. l/ Dear Sir: You may recall that we have written you" on several occasions concerning th-* publishing of information, or dis cussion of, asbostosis and the work which has been, and is being done, to eliminate or at least reduce it. Always you have requested that for certain obvious reasons we publish nothing, and, naturally your wishes have been respected. Possibly by this time, however, the reasons for your objection to publicity on this subject have be^n eliminated, aud if so, we would like very much to review the whole natter in "ASBESTOS". Our thought is that v.e could either prepare from data which we have in our files, or obtain from Hr. V/. a. Godfrey of the Cape Asbestos Company, London, who is much interested in the subject, an article on th-.; work done in England and th-rn*.. follow it with an article written by someone in your^ organiuat'i-en, as to the work done here. ' * `j j V/g understand from Mr. Gtover that" your !'orth Charleston io t * i plant, contains very complete cust control equipment and a d..-scri ticn of such equipment, if you approve, would make a vo-y interns ing part of th-. article. Possibly evmi you could supply a photogr s V or two showing some part of this dust control .e uip/n.mt. . Cj \?o await with much interest your reply. Il tnore is no J J serious obJ?ction it would se^ra to bo a most inter:*? t int su-joct lor th.s pagos of " A3BZ.'T03n, and possibly a^liscurcion oi' it in "Ao3.`..?TCS" along thu right lines, would serve to c.,muat s_mo of V. ths- rathur undesirable publicity giv^n to it in curn^t r.swsp'.pers. very trul v. your? "A 3 3 E To' /&C, )-\ i 7 . / .. / / Jokns-IWanville Tiv[nty-Twc East Fortieth StreE' New Ycrk.N.Y. j PLAINTIFF'S EXHIBIT q October 3, 1935 I/; ,\ f-5 icr. S. Simpson, President, Eaybestos-uanhattan, Inc., Bridgeport, Conn. 7y dear iir. Simpson: I wish to acknowledge receipt of yours of October 1st enclosing copy of the September 25th letter from the editor of the magazine "AS3EST0S". I quite agree with you that our interests are best served by having asbestosis receive the minimum of publicity. Even if we should eventual ly decide to raise no objection to the publication of an article on asbestosis in the magazine in question, I third: we should warn the editors to use American data on the subject rather than English. Dr. Lanza has frequently remarked, to me personally and in some of his papers, that the clinical pic ture presented in North American localities where there is an "asbestos dust hazard is considerably milder than that reported in England and South Africa. I believe the question raised by liiss nossiter might well be considered at the committee meeting scheduled for next Tuesday, at which I understand both you and 'dr. Judd will be present. b \ .v YE: T '/ / " - - tr` S/j/4 f;i f [*/' .' * 47/ /Y ^ * r jr j,^/ vf , s 7ery truly yours, / /W, C&XJlvfUl > u ^ Vandiver Brown Attorney ' / ,, 'I t PLAINTIFF'S EXHJMT 4(4H^ jzs 1CK0 RAN nSm*W IMTTJTI" A ^ . > , . fa * November , 193c TIE UNDERSIGNED hereby agree to underwrite certain experiments with asbestos dust to be conducted by Dr. LeP.cy U. Gardner at the Saranac Laboratory, Saranac Lake, New Dark. The getieral nature of these experiments and the cost thereof were explained at the meeting of certain brake lining manufacturers held in New York City on November 19, 1936. The purpose of this memorandum is to confirm the agreement between the Undersigned to underwrite the cost of these experiments amounting to C5,000 per year for a period of three (3) years, or a total of 15,000. The Undersigned agree to share equally the costs of said experiments. For example, if ten parties sign this Agreement, the annual contribution of each will be 500. It may be more or less, depending on whether the number of those signing is more or loss than ten. It is understood that payments to Dr. Gardner will, for the sake of convenience, be made directly by Johns-I/anville Corporation or by Raybestos-l'anhattan, Incorporated, and that the others of the Undersigned will reimburse Johns-ianville Obo J 0 p.Tk share o f such payments as =ade. AHE?.::;/ bp./j-z sl-^ eat ::n ^ ^ O V ^rO w TS By // " /. / _l_-_s__-_'_/_y_/v//_ ' vice rresiier.t A CT3tT^C/* * JS^T' 1 *" * ^ ^ i -* % gat:<z c^SSraticn r (LVy^eu to 3250_^0C BaQ.^X^^L^^ /v. ^ /x' . '/ johns-lulnvillz ccepczat: z:: By/n* ( _ Vt c e - T^'Vi. u a%*^r /?_ By. UNION ASEESTDS RUBBER COMPANY ( United to ;,/-.50.00 For tnr.ur. } Byr'/y^U,^ U 3ocrcrry-'.r *u.:v.rcr UNITED STATES1 CYPSUU COMPANY fLl = 1*/>rf to SCW-PO -r **==>'---------------- By_ CA<Uk v Sortry-Tre*jurr By By <> i-o ] 7 By_____ v f t-V ...... ^...... i>JoT-il.-i ASij-3 w.,<i'n*y Hy_ ,/ @,tA. 75'T.jLtO . .......................................' 1 -0- ^ t* o J s xecutxve Offices Johns -Maxville Corporation T^'tNTV TVO EAST rOKTIETH STULLT NEW YORK. N. V j. ---- > - Mr. Sumer Sin?son, Raybestos-Manhattan, Inc., Bridgeport, Conn. Re: Asbestos Dust Experiments Dr. L. tJ. Gardner Dear Mr. Simpson: The United Stares Sypsurs Co21?any signed tne ..er::- rar.dun of Agreement relating to .x .i. w <* I*T O V-} A? :ents v/ith asbestos dust, limiting its participation to the sun of ?250 per annum, or a total of ''750 for the three-;* term of tne experiments. I believe *. U re.. C have no;? fully canvassed Tne co-operation of me lono'ving companies nas obtained on a basis whereby their respective contributions limited to *250 oer annum: ceer. are fl) American Brahe Bloch Corporation 2) Gatke Corporation (3) Union Asbestos 1 Rubber Company (4; United States Gyp sat. Company. The participation of the above named companies will provide ?1,C a year, leaving the sum of 74,000 per year to ce pro-rated cetv= the following companies who have not limited their participate in the enterprise: (1' Asbestos Manufacturing empany >"< Joims-Manville Corporation I'easbey 1 hataisen P.aybestos-Manhataan, Incorporated (5) ?-ussell har.ufectv.ring Company )\ i'*<' / Tharmoid Company and Southern ---soesi The six companies last above named wi--, be caj._ed upon to ccr.tr acute tne su; cf :666.67 pe: t''rse-**c-ar' o-rici. -- ri ' i w 1* 1* PLAINTIFFS EXHIBIT r^ -- '-> J u t y- I an enclosing herewith. your records, 3a phote- "~py of the Heucrandun of Agreement and photosraoio copies of uy letter to Hr. Gardner of November 20, 1936 s ** > -f - -.r* November 23, 1936, which se + Or'J~'r *'ne substance o: tne arranae- ner.t between Dr. Gardner and tne group. Copies of this letter, together v.-ith copies c: enclosed pchnoottostats, are being sent to each of the other traer-o---:o-"-1-- , ..1. i* O Last December Johns-Yanville Corporation sent Or. Gardner its check for 01250, constituting advance payner.t for the first quarter of 193" cn account of his annual retainer. Your Conpany and others of the group will be billed shortly for your share of this payment under the terns of the liemorandun. JchnsYanville Corporation is rilling to continue making these advances to Dr. Gardner at the connencenent of each succ-eeding calendar quarter during 1937, unless you or others prefer the natter be handled differently. I believe, however, that Dr. Gardner wil prefer, in the natter of payment, to deal with one neuter of t group and it is uy opinion, in which I believe you concur, tha this represents the nost satisfactory procedure. . i--I ! ! <J> 1/1 f i l |4-> Johns-Yanvilie Corporation has likewise provided Dr. Gardner with 12CC pounds of asbestos fibre which he cor.sid satisfactory for his purposes, although it has teen found nece for hin to subject it*to a ''ball nulling" process in order to dues it to the desired degree of fineness. He estinates that quantity will be sufficient for the first year's experiments a we will be very glad, at our expense, to provide hin with sinilar quantities for the other two years. I have also sent Dr. Gardner a photostatic copy of the lienoranaun of Agreement so that he is fully advised as to the identity of those conpar.ies whose support he is receiving. At tne sane tine I advised Dr. Gardner that*those concerns which had linited their contributions were to participate just as fully in the benefits resulting from his experiments as.were the ethers. z.no.osures Vandiver Hrown General Attorney cJ U V / %5 sj xrcL'TivK Cmczs -Johns-Manville Corporation tviinh'-two n\>T fontu;tii stklET NEW YOKE N V lay 1. 37 ^"plaintiffs i EXHIBIT j Raybestos-ilanhattan, Inc., Bridgeport, Conn. ^. Attention: Mr. S. Sinoscn, Pres. Dear Hr. Simpson: . ;< ^ I an enclosing herewith copy of Er. Gardner's first progress report dated !.iay 5, 1937 on the asbestosis experiments being conducted by him at the Saranac Laboratory. Very truly yours, clj.-y.v vS Vandiver Brov.-n General Attorney / -:u Enclosure First Progress Report on Asbestosis Experiments at the Saranac Laboratory. May 5, 1931 To furnish a better understanding of the disease, asbestosis, and to provide standards as a basis for its diagnosis by x-ray films, a group of animal experiments has now been started. It is expected that anatomical changes will be produced in the lungs of animals inhaling fibrous asbestos -which will cast shadows on an x-ray film comparable to these seen in human beings. Since the animals can be killed as seems advisable it will be possible to compare the anatomical changes in their lungs rrith the shadows seen in the films. To make certain whether the fibrosis in the lung is due to the chemical composition of asbestos or whether it is the result of a mild irritation in the -walls of the air spaces result ing from the action of a fibrous foreign body Ci.e. its physical structure) injection experiments are in progress. If no fibrosis results from accumulations of asbestos in other organs it may probably be assumed that chemical stimulation of the tissues is not restonsisle for the pulmonary fibrosis. As a further check on the physical vs. the chemical hypothesis, the action of ground serpentine is being compared -with thrt of chrysotile. Since they both have the same chemical composition the comparison should be instructive whatever the result. To check the effect cf mere fibrous structure, a search for other fibrous minerals was made. None other than those classified as asbestos could be discovered which had the same structural 4M* W interest in A action of gypsum. End 3.Iso one of soda trenolite -were selected for comparative 3 x---.g . Finally, the action c: arious members of the asbestos group, amphibole, anesite, crocidolite and anthophyllite are ail being compared with that cf chrysotile. It is too early to report more than the fact that the experiments have been started. Fcr the inhalation of chrysotile, dust furnished by ::r. Fisher from a plant at yanville, N. J. is being^employed. As iz was received, the dust was not suf ficier.tly .me :or experiments orf- * v-- --- 3 ' w- -. -. ^ o we -were forced to re grind io r U . i * *1 J3 23 1^ ^3^3 pi -- time was c r*< o ^ v o*--* a r - 0^*1" 2. -70027 type of mill for the purpose. This difficulty was ov^r/"* <*>i a s *" inhalation was begun on March 22. In the dusting room we placed 33 guinea pigs, 20 rats, S rabbits and 3 cats, More of the latter will be procured as they become available. A dust concentration of approximately 175 million particles per cubic foot of air is nov; being maintained. This may later be changed. Over 90n of the particles are less than 5 microns in diameter. Since significant results cannot ba expected to develop until exposures have been continued for from 1 to 2 years there*can be little to report before the expiration of that time. The various injection experiments are further advanced although it is too early to report any results. For this purpose all dusts have been analysed chemically and petrographicaliy.* They were then ground and fractionated by allutriati,on. 0nl7 particles 1 to 3 microns in diameter were used. Their composition was again checked by the same methods of analysis. The various tests are tabulated for your information. Chrysotile ^Thetford) a. Intravenous Injections. Have proved difficult. 7 rabbits have died, apparently from mechanical effects, without receiving significant quantities of the dust. Further attempts are in progress. b. Intraperitoneal Injections - 5 guinea pigs, 'larch 31,1937 One killed after cne month. No gross fibrosis. Amthibole a. Intravenous Injection. 4 rabbits still in progress. Have each received 11 doses totalling 0.55 grams. No fatalities. b. Intraperitoneal Injection. 5 guinea pigs. Feb. 5,1?3"? 2 killed after 12 and 30 days respectively. Dust plaques without gross fibrcrsis. " "*6 S ^ ^ q a. Intravenous Injection. 4 ibbits still in progress. Have each received 11 doses totalling 0.55 grams. No fatalities. b Intraperitoneal Injection. 5 guinea pigs on Feb.5,193'7 2 died of infection. 1 killed after 1 month. no fibrosis. Most of the dust absorbed; r^ *- O T I l. i,, p. n. oc: j -' * a. Intravenous Injection. 4 rabbits have each receive full dose of cr.e gran ir. 20 injections. None .-:ille b. Intraperitoneal Injection. 7 guinea pigs. 2 died of infection. 1 hilled after 1 nonth. Pigmented dust plaques without fibrosis. a. Intravenous injection. 4 rabbits have each received full dose of 1 gran in 20 injections. 2 killed after 3 1/2 to 6 months respectively. No evidence of fibrosis in the lungsi spleen, liver or bone narrow. b. Intraperitoneal Injection. 5 guinea pigs. 3 killed after 1, 4 and 8 months respectively. Disappearing reaction with gross evidence of fibrosis. a. Intravenous Injection. 4 rabbits have each received full dose of 1 gran in 20 injections. Ail alive and well. b. Intraperitoneal Injection. 5 guinea pigs. 2 killed after 1 and 4 months respectively Soft pigmented dust plaques without fibrosis. Pibrous l-yosum - Satin Soar a. Intravenous Injection. 4 rabbits have each received 11 of 20 injections, or a total of 0.55 grams. No fatalities. b. Intraperitoneal Injections - not made. a. Intravenous Injection. 4 rabbits have each received total dose of 1 gram in 20 injections. All alive and -.veil. 5. Intraperitoneal Injection. 5 guinea pigs. ! killed after 1 month. Small pigmented dust plaques without fibrosis. r r\ uU --n l t- ierel esser ','or.e of th.ese early results is regarded as significant conclusions will be drawn until the observat ntir.ued for at least one year. It is not ye ficulties ?:i.th intravenous infection of ohrysctile are a nattsr of technique or whether this substance is .all" toxic. V.*e are attempting to discover the cause. H 4-> r n :~o U [J *r I *-- r .'CEcrrr.-E ^fftces Johns -Manville Corporation TWENTY-T''o EAST FOHTTETIT STREET NEW YORE. N Y \ Sumner Simpson, Esq., President, P.aybescos-^annaccan, Inc., Eriuneccrc, Conn. C > l/ i </)H P " t.; CJI who will iet::;.:r.e v.;.eoner ; ^ V,' r. * ? 2`1 Z 6 '11 one. in wnat nanner tr.ey snail be .race publ: In the event it is oee.ueu desirable t:.at t: results be made public, tr.e manuscript of ; study ".111 be submitted to us dor approval prior to publication.'' dhe proposal contamec in this setter v.ao = ' Dr , Gardner in a letter of November u3ru, fro::, w.-h cuote the following paragraph: ''The Saranac Laboratory agrees that tr.e results of these stucies snail become t..s property of the contributors and tnat tr.e manuscripts of any reports snail for approval of one contributors tion. " Sincerely, V* ~-- * -Jr V ano i v e r 5 ro wr., General Attorney. " un 4: --/ < ( -I PLAINTIFF'S 11 exhibit __ The Sajunac Uuoxatc FOft THE STUOY Of TUSEJlCULCtlS Of THI BTWAta l_ TlVOtAU kumoatioh Sa/umaC Uu. N.T. February 24, 1943 Y2^ Hr. Vandiver Brown Johns-Kanville Corporation 22 East 40th Street Hew Tork, Hew York Dear Hr. Brown: . I have at lat succeeded In analyzing coat or cur vqjS&lnoua experloental data and assessing the results?) I reall: tliat this should have besn ooapleted before this, but the ecerrer. has left as short-handed in the Laboratory and also necessitated doing a good deal of extra traveling. I hope that the sponsors c our study of asbestosls will bs charitable and realize that the v has far exceeded its original ecope. Ve have done over 40 different experlcents, zar.y c. thee divided into several parts, which involved exposure cf ar.Lzp.: for 1 to 3 years to various duste. The business of preparing -ic: sccpic sections and ohealcally analyzing the tissues or. core t.-.ar. 600 enlsals has been a Job in Itself, liy tine for studying sectl: end analyzing data has been eo United that ve are ber.lr.d our sc: ule. T have still not had tine to write a full report cf this ver which will of necessity be sonographic. However, for the benefit the contributor*, Z an eubaittlng a table of contente end en an notated outline to Indicate conclusions and the line of argument t will be developed. The latter ltaelf occuplee IS pages, but I he they will find It sufficiently Interesting to read. 1 shall work the final nanuacrlpt aa I have opportunity. There are a few experinente etlll in progress which should be coopleted by the tiee ve are ready for then, ^he vorz o nethoda.of duat determination, Z oonslder lnportant enough to in clude in the atudy. The question of cancer auaceptlbllity now see ocre aigniflcaat than Z had previously imagined. Z believe Z can obtain eupport for repeating it fron the cancer reaearch group. A it will take two or three years to oosplete such a study,- I belle it would better be onltted froa the present report. Zf it should beeoaa possible to oaks thle study, Z hope that Z acy count on scc> of your aeabera to supply oe with enough pure, long fibre asbestos for the purpose. I* PLAINTIFFS EXHIBIT Hr. Vandiver Brown 2- February 24, 1*1 Naturally. I ehall welcone any oritioiee that y; any of the other contributor* would care to offer. Should any then want to di*ou* detail*. I- would bo pleased to neet wi Hay 1 take thu opportunity to thank all the eporveoro throu the support that w* have had. Blnoerely your*. LUG:S3H Leroy 0. Gardner, M. D. Director t cu?l::?e or proposed hcnoosupm cv A3Bzs?;:a itranse Laboratory Hill as&tt 2Cinl IZiS Allocution ? axt 2 human AaaeaTcaia Z Huaan Pathology - a study of 2S autopsy oases, ZUustratsd 2 X-rs7 Patterns in Asbestosls. ZUustratsd 3 Asti and Mineral Values in Hu&an Asbestosls 4 Coapllestions of Asbestosls (s) Susceptibility to Infection 1 Tuberoulous 11 Non-Tuberculoua 111 Cancer of ttie lung 5 Disability, causes arid coopariaon with silicosis 6 Diagnosis . (a) History of adequate exposure Co) X-ray flla pattern (o) Physical examination (d) Asbestosls bodies In sputua. their significance ?a?.t :: (2) Aapsa 1 XiKodi (a) Inhalation expo sura to plant dust*. (b) Injection into lungs through tracr.ea of pur* sine.-*: (e) Injection of pure mineral* Into otnar organ*. 2 6pecle* Susceptibility Man, guinea pig*, raboite, eat*, white hire ar.d ra: dog*. 3 Peculiar Charaoterletloa of Aabeatoala (a) Unuaual leeallzaion of ehryeotile fltr# in lung*. (b) Rate of reeultant tlasue reaction sore rapid than to ouartz. (e) Reaction to ehryeotile not progreialve after expoture ceaaaa; again the revere* of tne altuatlon in ailieo* (d) Xabeatoel* Bodle* 1 Coapoaltlon and method* of formation. 11 Oeeurane* In different cpeole*. Ill formation doe* not parallel development of fibre lv Oradual dlaappearanc* after cxpoaure ceatc*. 4 Cosparatlve Effect* of Different Aabeatlfors mineral*. (al Canadian Chryeotile. (b) Arizona Chryeotile, low iron. (e) Crooldellte 1 Bolivian apeelsen. atlff and elaatic. 11 South African, aoft ar.d flexible. (d) Antr.ophylllte (*) Afioelte. (f) Tremollt*. 5 Effect* of Control Mineral* (a) Orannular Serpentine, ease chemical oocvotltlon a* chryeotile. (b) Olaes Vool, a synthetic ellloate fibre. (o) Bruoite, a flbroua magnesium hydroxide almost free o silica 6 Chemical Composition of Aabestlform minerals in Relation Irritation. (a) Nothing in composition correlated with relative Irri capacity. (b) Preliminary acid treatment 1 Hydrochloric acid 11 Carbonic acid (3> 4 (c) Effeots of Alualr.ua 7 Physloa! Properties in Relation to Irritation (a) Langtn of fibre (b) Effaot of Crushing (c) Hast treataent 6 Natura and Significance of Aabaateals Body (a) Formation (b) Proteetlva effaot preventing further irritaticr. (o) Ultloate solubility in tieaue 9 Theories of Action of Aabeatlfora Minarala (a) Chaaical - raaaona for oenaldaring invalid (b) Meohahleal - experiasntal deoonatration of. 10 Coaplieatlons (a) Infection, tubareuloaia and other varieties (b) Cancer of lung - experiasntal data suggestive but r. proven 11 Disability 12 Essential features of Hatardoua Expoaura (a) Mature of duat - flbroua oosponent and site faotcri (b) Atnospheric Concentrations - probably lover than f: quarts i Inadequacy of standard lepingsr saspling oath: vhich doss not eolleet the dangerous fibres ii Eleotrostatio preeipitata<saapllng preferable t w aethod oust be sodifled ** (e)* Duration of Expoeuro 13 Reeoaaendatlona for a Mew Standard of Safe Ataospherlc eentratione of Aabeetoe Oust (a) The Quaal-offlelal standard of 4 to 5 alllion part per cu. ft. (b) Work upon better aethod of eaapllng (c) Necessity for ooaparison of results with X-ray fir. in eaployees 14 Prevention (a) Chealeal means not praotleal r < U) 1 Aeiioeie neoeseary to &leaolee . h._ . ,, . tftir. ------ ' *n --** * 11 Aluninva Therapy Inapplicable ^11 ChieT reliance Kill upcn due? p~ # e~ pedal eapnaele upcn :ne fibrcue cc=por.es:i *" * Hunan Pathclorv and X-r*y Pattern - Staorlptian Bated upon 23 huaan autopsies 2 Ain and Mineral Valuta Hunan Lunge. 3 Complication Si Aabeetoela (a) Susceptibility to Znfeotion 1 Tuberculous- High lncidanoe in English experience cot duplicated la surveys of Aaarlean Plante. Available autopay etatletlca deceiving because of aaieetlon of naterlal. ll Non-Tuberouloue- The ease reaeon probably appllee ehould be eheoked.by analyela of abaeateelaa aaong aabeatoa workers. Ill Cancer of Lung - Ditto, but there are now on record 10 eaeea of. lung cancer in aabeatoa verier*. Compared to the total nurbtr of autepelea on aabeatoale. thla lneldence la exceea:?e. Ko eueh frequency has been discovered ir. ellicoeia ,^r ether forna of pr.euccccr.io- ala exoept^ the Setneeberg nine's of radio active orca. The evidence la suggestive but not conclusive that aabeatoale cay precipitate the developsent of eancer lr. eueeeptlble individuals. 4 Pliability Clinical experience suggests that truly disabling aebestoala is nanlfceted by less striking X-ray changes than a corresponding 6trc9 of eiliooeis. Such disability in aebeetosle is due to disease within the lungs and not to eecoadary heart disease. Aa in allleesle. associated pulsonary infection increases the scaur.: severity of the dust fibrosis with resultant accentuation of disability. There is urgent need for a careful physiological study of puloonary function in aebeetosle of varying severity. Undoubtedly, there are oany dlagnosable casta with no significant disability. 3 Dlegnoels depends upon three factors. (a) Kistery of adequate exposure, usually 6 to 6 years, eoce tinea longer, at work where both the concentration end character of the asbestos* dust are haxardoue. (o) Ivlder.se :' d 1 e s a a e 'in a characteristic XV -r,,c. ,, ... usarinatir r. vr.icr. reveals :?r: c 1 r. :ay reveal evider.cea of a! sa:il ** * 1 1 i 1 " " ,2 . * *"a: #" * ,, bedisa la the sputur. are err.:: n : r V ' " 3 " * y icccra . .-.*. 1 ?- ---1 - re' -.. .- all positive. ularly i:. tr.e H c w <* a 53CT.S e *"A zz~ * :' - r t r. c r. i v. infection. Aabestoaii dies unsup ported by other * V ^ 1 * d ^ " : - - .- . a diagnosis. Cccaaior.al cr.eo have beer. fcur.d a::.: autopsy specimens cf percor.o with no jer.ovr. er.zzz.re s.-.i nz fibre*la, probably of .. nan-occupational origin. PA.-.T II Zroeri.f r.tal Aabeatoalz '.t thoda (a} I * 1 * E * heap - Specific ^ ^ M<^l | K. . noMB A BBW 0o.ar.5ea eloewhere.J (b) Infections of Slsllar reaul icr.ea - (c) In 'ection ef of ?ur lr;ra:9inc= ether errors Fibres diasol' ; r.o aaoestosia bodies; tissue rise" fined to phyg: toaia and encapsulation. Concare tr.e - asbestos cprzn of t'zcs:. subjects . !oeoleg Suscert'.billt^ Unlike free silica,-asbestos does no: produce ita opecifi offec: in any organ of-any apeoiea of anisal.'* 'll oa-uaeo fiorcsi a c__r._i.y the lungs of sar. ar.d tnoae of*a few of-'the opocies tested,e .. - *v* -\*- v4-':'.* '* ' : ies Fibrosis AabestoaN 3odl es *:Species'`'Fibresis Agree tcV'lSr 4* 4* Cor. Guinea ?ir 2* 2*- - __ ' White'House' C raid: ;<r- tv. ; * -*JVfr** Jog -v 0 t <-. Peculiar Characteristics of Aabeatosli . ;/.. < .. (a) Localisation of fibrcua' slnerala* / in . :`-*V4*- \ ;lur.go t 4 ****** of granular duet particles.-;' ;v,. 1 Fibres like ohrysotile having a certain degree of f'-axit*. 1 * and elasticity eorusulate within tha finest air tube*: gran-*:dust la carried further on and la widely aoattered through :ne* terminal air apaoaa. (b) Rata of tlaeue raaotlon to aabattoa la much sore rapid than to an active duet Ilka quarti. Evidences of fermaticr. appear aa aeon aa sufficient ooneantratlon of fibres r.aa localized In apaolflo areas; with quarts, there la a latent period cf aontha. (e) Reaction to asbestos doss not progress on osssation of expos* urc. Zoung sear tissue that say have fcrasd, contracts ar.d beeoacs eors danse but ths area of Involvement decreases in- site. In silicosis, ths-young nodules bseoae larger after exposure oeases. (d) ,t Asbestosls Bodies sre a specific eoneoaaltant of this fora of pneuaoeonioels. They arc due to a deposit of protein and iron upon the surface of Inhaled fibres. In guinea pica they form after about 60 daya of eontaot with the tissue. they are abund ant in can and guinea pigs, (Bee paragraph 2 above) but auch larger In the forcer probably because the larger sized air tube adoit larger fibres. Zn cats, rabbits and ales, there Is an atypical coating of a few of ths fibres after auoh longer resi dence in the lungs; in rata and dogs no bodies eould be dis covered. - Froc paragraph 2 It la apparent that their occurence docs not parallel deveiopeent tf floroela. Zn lung injection experiment*, the bodies have jblC -`evelopad snttl if>r fibrosis le-'sl. aovrnsed. The nusber of bodies aaeos tu uccrease several years after exposure oeases. y Coaoftrp.tlv Effects of Different Asbestosls Minerals *" (a) Canadian ^hrrsotllc - highly irritating. (b) Arizona Chryaotlla (lew in Iron) equally irritating and pro duces Just** many aebestesla bodies as the Canadian product with over 11 tlaee as aueh Iron. (e) CrgqH9;m - The South African blue asbestos la known to cause asbestosls. Only a Halted supply of this materiel in pure fora was available, aost of It was used earlier In the verk in non-productive experiments. For the later critical injection testa into the lunge, a Bolivian variety was substituted be cause of its high purity. Zts fibres were aueh etraighter, stiffer end aere eleetle than the eottony South Afrieen variety. Perhaps beeauee of theae peculiarities. It has not given reactions eoaparable to ohrysotlla. Zt produced asbestosls bodies hut did not localize in the terolnal air tubes nor ceuee * any fibrosis. Testa now being repeated with a typical South African eroeldollta with physical eharacttrlstles simulating chryaotlle. ^ . .r?S -- t v. ,zz~ as-ea::::: bodies ferns slowly but no localization or fi:rc3l: in l_-.rc. (e) Atcaite - Cit to. (?) Tr*rolit ? - Citto but very few aebestcais bodies "- being car.tir.ued. / a t i:.-. (a) C-rairjlr Ser-*-.tlr.e of sens ehesical composition oa chafer tile io inert causing no fibrosis in lungs or otnor organs, attracts iron frca the lunga but of course, r.o `bodies* dovslzr. (b) Claes VooKa synthetic ailicato) fibres ors net inbalabla free air-oorr.e suspensions, apparently because of their stiffeeos (the diaseter is r.ot responsible as sorts used were lesa than 1 nicren this*) On injection into the lungs, they do not localize in the air .tubes but are widely scattered. Obey cause no fibrosis. After 3 or 4 sonths in ccr.taot with lung fluid, a few glass fibres taice up iron but remain smooth. I.-.ey never shew the swollen ends and lateral projections of the true asbestssla bodies. (c) 5rucite of interest because it is a fibrous nir.sral praotionlly free of allies (o.9J). Cryatalicgraphically the arrangement of its #g and OH groups in each unit oell is similar to t.-.at in chrysctlle. The aaople used also contained about lc iron, pro bably from oontanlna:ing aegnetita. The fibres are stiff and needle Hite. Cbservaions not yet osapleted but after 2 months in the lunga, typical asbestoaia bodies develop but tnere is ae yet no fibrosis, `ns fibre are scattered through the lung ir.steo of being localised inoide the terminal air tubes and tissue reaction occurs around, instead of wiohir. :ne tubes. Conroe it lor, m Relation to Irritation v a :oThing in the following chemical --c--a---c-csltlcna can be cor related with variations in capacity to pr he tissue reaction. (See Table Next Page) , <;; - ~ * -- * Zr-A. A15> C - c s.:s<- * * &K c.c*c 7 7$. C KuC 0.29 C . 79 4.20 >175* 14.32 .-* ' T'* V'w .*:*' .stsjD- -?>- -.Assfll-.i T --' i1 . ^ -.-3 * :: , * \ *' . ?4.33* 15.T" 47.*23 ' *'" az.zts n . h 4.C=* o'fclo '55.7-c* 2.0?* ^ 7' * J -0/ . , / 4.23* ... 0 7 32.r- o ^ v.- * ^e^ ' 1.02* 0.25* 1. 09* 1.50* 0.25* - - - < W i _ # 0.44* 2.01* 4,-5* ~ * m. * * O *9*< _ 0O 2P.?4< 0 5^ 3.23* 0.32 *9* <9<T< 0. tO 20.520 9. ~a gm _ y; j a4 '4 C, 7 C 72 9u * * 0.32 2.42 0.10 0.33 1.S1 0.1? 3.29 /*> r:c 0.24 2. "a a a a* n /- - s (b) Acid trea tser.t of o hryaotile fi bras--,. - i One hour in dilute cr concentrated HCL dess net alt:r"oc--" pearance of fibre tut after such treatment 1: rapidly dis solve# and disappears on injecting into living tissuec. ii Treatser.t with CCj buttled through water cr lung J-i:e eueper.alons of chryeotile fibres'eauaea partid'acl-ticn with liberation of ailica and nagnesla. (c) Colloidal allusina does not neutralise tr.e effects of csesetc: as it does quartz. On injecting ciiryeotils suspended in alumnus hydrate solution^ fitreeie and aoceetcs bediee C*T- els? at the usual rate. At renair.a to dener.strate ner tc; fibres*bsocse coated with a layer of al-pinuz ser.enyira te as haa been proved in the ease of quarts, -f t.ney have, t cs ::i: does not affect their capacity to irritate tissue. Physical Prcoertlea in Relation to Irritation :f lung li;;,* (a) ler.rth ;f fibre Short chryaotile fibre*under 2 direr.a ore practicclly in 20 to SO merer, fibres eauae typical fibrcais. The effects of longer ones could not be tested for tech.-.i ai reasons. (b) Crushing ooapletely dsatrsys the fibrous structure of chrysotile. Yitn loss cf structure, all capacity to irritate disappears. Till lungs, no fibres'# develops,-rosotioa Halted to payagooytoeia Ho asbeetosls bodies forasd. V ::^'' '>V .*./ y*V-*"..- ..C....* *V T\ . cv- Mature end Sigr.lfloenos of AfbsutofU BgAiea r (a) Bodies probably result fro# dopoeltlon^of iron-and organic sitter on a slowly dioeolving fibre .of '.asbestos.- Tht source of the Iron la sore llioly to, be the lung tissue than tne lr.eral itself as tbs costing "la Just-as-heavy on fibrous ir.erals of lev iron oontonvaa upon those high in Iron. *v~ t ,* \ **" (b) The offset of asbestos!* bo4y\ionaatloniia asounod to be pro-;' tsetlvs although It has not'bssa.possible;to.Isolate a large . enough quantity of. theao structures* in .unaltered fora for purposes of teat. The asooth rounded-ends'.presented by the ''' bodies would not b# aeohaaloally^lrrltatlng^-'^^.*o^' - . r*. (c) If they wers oapsble of eauelag-irritation<the fibrosis in the lungs should progress after exposure oaaess.which it doss aot. (d) The gradual disappearance of bodies (aod~flbrs) long sftsr sxccsunf'{feints to ultlaate solubility in* t la out fluids. 4f (t) *he bodies ere probably a fortuitous eonoosaltant rather than a eauss of fibrosis. IX Theories al Irritant let Ion 2l Aabestlforc Minerals (a) Chenienl Iheee experloents do not eonfira the theory that aabeetoels la aertly a fora of silicosis resulting fros free ^ silica liberated In the solution of s silicate molecule. If this wers true asbestos, lilt* euartt^phould eauss florosli In any organ of any tpseles for the experiments have shewn that Injected asbestos dissolves In these looatlons. However, it does not. c*ues such reaction in any location but the lungs of * ae spsciss. (b) Mechanical Irritation V# are proposing the theory of oeehsnicsl irritation which Is ainlfeeted only in the lungs bscause this organ Is the only one whose noraal physiological functions involve s high degree of aoblllty. Expsrieents designed to prove the necessity for cotie In tnis tissue have failed for technical reasons. Tor this theory to be applicable.-it Is aceseaary that the fibres be concentrated in the fl/T# tsrolnal air tubes. It has been shown that only ohrysotils of the asbeatlfora doer all thus faVnaa the proper physical characteristic*.to insure such localisation. It is also essential that xhe fibre shall panic long enoueh before It dissolves in the lungs of spaelss lilts ales, rats,"*" dogs. It aprarsatly dlosolvo* so rapidly that It exerts no Irritation. Similarly rapid solution csy explain In part, the lac'* of fibrosis in organs other then the lungs. -7. OTrsohubuerernoedfulr,bvnredbeterlaoodkneabnyhuaapett nhddbaesegoowloocinnythegtictreethnoteeoeduldglhttenllwaeootpe.itttcehhh'eaowcteeotuihicleedsynpadcruieatpivnopenncneertttinbceeerer.cttracr.ecer*4p'allieoiierted*.tfry*.~stKe-s#iee guinea pige treated with long fibre cnryeotiie end fibrooi">reeulta With the other aebeetifora olnerale that havo been tested, esse or all of the prerequisite vara lacking and no flbroeie developed. (c) If the Irritation were cheoical, fine eerpentine which hae the ear.e' chesical ocopoaltlon aa chrycotlie should hav# *iec cause flbrcelo. The eruahed chryeotlla ehoudi hav# been sere active thr.n intact flbrea, because of the greeter eurfneo Arena erpoeed to body flulda. On the aeeuaption that chryaotile. lias nuartz, becocee coated with a wary thin layer of alum.-. cn treatsent with colloidal alualnua hydroxida, oapacity to cause flbroeie enould be deetroyed If the action war* chaoical but auch 14 not tha ossa. (d) *he heavy eoeting reaultlng fron aaoeatoala body formation ap parently doee atop tlaeue reaction but hart the effecta are probably caehanioal for raaaona cited. () Heat euffiolent to alter chenioal atructure d aatroye power to irritate but it alao altera aaaontial phyeioal charecteriet that affect localization of tha flbrea in tr.a lunge. X Coaollcntlana (a) ^aacfstiblllty to Infection C</t n 1 Tuberculoua - Asbestos behavee like noet other -1 erain this reapect and not like ouartz which epecifically ir.creas native auacaptlbility to the-tubercle baclllue.^ Thle in fection nay spread for a tlae but than haala. *he reau.tar. flbroaia accentuates tr.at oauetd by the aineral fibre. 11 t<onTuberouloua - of no greater frecueney than in aninale inhaling duata of other klnda. Occasional epidecica of pneuaenla occur in our duat roene, but theee are due to aethoda of houalng rather than to duat; they aiea occur in unaxpostd xaloals. in * Cjm<ui 2l kusi Ho axperlaenta were.designed to eluoldata thle point -u. certain avidanea suggetta that asbeatosis cay actually favor developoant of tuaora dn auaceptibl* apeoiea. 1 Zn guinea pigo. rabbit*.* rata, oata and doga lung visor; are rare. 2 When these speolee were subjected to 2 to 3 yeare in halation of aaboatoa duat, the incidence of lung tuner was not increased. .. -s 3 Soce (train* of wait* ale* do lTalc; fusera withe.* apparent oaus*. '* * 4 ^eft a strain of white alee wa unintentionally used three inhalation experiment* with aaotatae. 5 Cf 11 ale* inhaling long fibre asbestos far 15 ta 2* aer.v 8 developed aailgnar.t turners in tnelr lung* and 8 of this had tuaora in other organ*. The lr.eller.ee rate eyceaaiv*. Cf 22 aloe Inhaling abort fibre aobestee far net larger t 12 concha only 3 developad lung tuaora. P-nte 1:. it 7 As control*, w* have only th# experience with do* in cth gust experiment*. * or short period*. thar* war* 31 aloe exposed to 4 other Kind* of duet for 10 to 12 months./ Znoldanoa of lung tua 1.9/1. For lenr periods. there were 143 ale# exposed to 4 differ kind* of dust, ineluding purs quarts, -2 to 31 aonths. T all this group of aloa ths average Ir.oldenea of lung tuac was 13.89: ths high*at rats (239) was in a subgroup *xpc< to flint duat. Thus tha Incidence of lung canoer In the long fibre aabestoi elo< wss over 16 tiaea the average for aloe inhaling other duete for comparable period* and over 3 tiasa the asjtiaua for any other"gr ille* exposed to the practically inert ahort fibre asbestos shove fewer lung tuaora although 7 tiaea sore than those in short expo, to other dusts. `he** observation* are suggestive but not conclusive evidence of cancer stiaulating action by asbastoe duat. They are open to sevcrtl criticise*. The strain of elee was net the saaa in the asbestos experiaent as in oany of the others olted; apparently t former were unusually susceptible. Not enough anlcala survived the duet for longer than the 13 senths apparently necessary to produce many-tumors. 'here were no unexposed control# of the aa strain and age end no dollar oontrola expeaed to other duete. It is hoped that this experiaent can be repeated under properly controlled condition* to determine whether asbestos actually f*% cancer.pf the lung. XI Disability Cannot bs determined in animals. *hs accidental death* were froo the saae causes oet with in all our dust inhalation expe centa. V i V .Ty-v * genf.nl r*c.;ra si Ktwrdomi r-oVure ' (4) Nature of Sun - V' .,, .-^ ,- 'Y^- >*.1>1! 1 *he hatrd* increase* with the proportion of 1 intact fifcr*`-it ~ in the dust. Granular notarial ar.d cruah*d fitre are >*-'-* inert diluent*. . ii "he lon fibre* nuet be thin enougn (1-3 Micro.-.*) *r.d thsrt enough (under 30 Microns?) to be inhaled. Hi Very short fibre* (under Z Hicrone) ere practically inert. (b) Atsoaoheric Concentration Still under etudy. Apparently this feeter is lower than in the otii of duete oocpoced of granular nlnera.e but aethods of causation are ale leading. ,; I The average standard Public health flerrlo* ispinger count in the long fibre asbestos duet roeo'vas 40 aillion particle* per eu. ft. of air. *his-concentration-onus*d fibrosis visible to tbs naXed eye in 20 to 24 ninths. Tor comparison ths average iapinger oounta in an experiaent with pure ouartt was 120 Billion partidee per eu. ft.* and fibrosis developed at about the same rat*. : - ,.-1,' ** II However, iapinger oounte are deceptive because by this method of stapling very few fibres, which ere the significant eleaents in the dust are oolleoted. ?yy: ill Stapling with an eleetroetatlo precipitator le a such sere efficient means of colleoting fibre* fron eir-berne -- pcnslone. Sanples fron our long fibre aebestoa room showed thet the duet in the air contained 32.54 of fibres few of whleh had been oolleoted or oounted in the ihplr.rer saaple. "he latter stapled largely the inert granular parti cles. . .. v. ' iv Aa ordinarily eeployed precipitator sanples ere weighed end the results expressed in og. per eubio foot of sir. There is no neons of converting eueh value* into nusbers of particles partieulerly when thece vary in sit*, shape and "apecifio gravity. v Siaultaneous stapling with preolpitator and standard ispinger yielded the respective values of 0.65 eg and SO Bil lion partlolea per oublo foot of sir. vl `heoretloally the beet index of hatard would be either the nuaber or weight of fibrous eleaents in the duet. -10' Ourwtlan 2l Evuaeurg 1 Fibrosis vitible to the naked eye after 12 increases in extent in subsequent 12,scr.gr.* ex.-oi--e, 11 The enan of Ilf# of our coat suaeeptible iaccratsry ar.:=*l, the guinea pie has presented continuing >x^o#-re isnrer than three years. 2n this period only the comparatively early stance of asbestos!# have been produced. with. *.r.e xr.ovledre that we have gained, it la probnbie that cere extenaiv- disease could h*ve been produced with a purer iciv nire -chrysotlle. The long lived species, like cat*, dcr are u.-.- fortunately not susceptible*. '.* - ill Tor these reasons X-ray ohuiges have been olnisal and we were not able to fulfill one of the objective* of this pro- era. .. . - . Reossendetlon for 'j Haw Standard at Aaceatco tAiat. Ataosoherlo Concentration T';*1 (a) Vhile there la no official standard, the tentative one of 4 or 5 esiliion particle* per cubic foot of air la freauer.t.y ouoted. <() y x;v (b) This is probe'oly unreliable because it 1* based upon aoctlir. with s standard iaplnger vhloh ve haverehown does net ccllec caorof the fibres that are the source of.h^tard. (c) '*e r.ow think that a standard should be based upon samples collected with an electrostatic precipitator if la feasible to determine readily the relative proportion of.fibres ir. such arterial. \f -1 . ;v (-5 Vorfc is still in progress upon the latter-point. t- \*v (e) To be of -value the* new standard would.-haee<.-to^be correlated * with the-'X-rey findings-upon:*oploy*ea'exposed ..to different concentrations of duet. -V .e . ;wv-- v Prevention of Asbeetcela ` - -- ' The erperioento hove failed to*'develo? .anyty'ractieal cheoical ueans of neutralising the action' of fibrous:asbet:os.. .'r' v'u- N- > .'y (a) To alter the hus*n'lun so that it would .'die solve'asbea tee fibres rapldlr like a rat would necessitate-(wee scerS creating an acllosla whioh would bevsorse ,than the effects Of the fibrosis. %> ? \ v.uLT-^ /.:'*:: :iJ / a S `>4V "' . 1 V-. i <&:}*: V - .*y;- . * -.v*r*.-; * ,,*-is :? >. . ..f ; ; I ?'-.* - - s ? V- v V> ... Apparently aluasiauaa,#"feica U.-M f?euVV:6calnfftir'fptt iiiie .hat.little iafloenaa n^uV ^wxu#r^;4^c;;: U) Rovcvtr. 1? *fpV\d-b^.-'ot great.'tbecretloal'iRtereet 'tn treat`d fev oihi with real* d/pno4;liroa abcitcaiaiOjr 'aiuainuc *id~h * Il V,**` W**>**'. tf-p* -* V~i.V ;v- ^*4 ' >>. -;&.: ' halation. W# arai by"-no tteasa^prtAlo,.vhthnr^tta:faverahlt'Vl!: raaulte upon adranoad.^illQotlea are.-Out tp^'a'^^eslcal neuTral cation of ouarfit''iA*th9 lussw.'Alu&l&uB*Bl?trs*hav4*'ae=a^aarfl^ 3J -l^ ' $*&;1 M?1*2 . ,* <r- w*. f v./*A?/'."'-iTT'*.%Mii-a.Wr^"W"fC'-"TVvCV**'..' *': '* /.*,* ' ' --vE*'**' -.... " .-.**?# a *5* * *.. *.'?*.. * iiv , -*^.V<*-v# * *..**'.. . v ^ .... ...r, -. ;; .. . .. ra* ' * . * v* >v \ 'J'J PLAINTIFF'S i EXHIBIT j 3YY\jbC Mr. S. Simpson, President, P.aybestos-Manhattan, Inc,, Bridgeport, Conn. Bear Mr. Simpson: The attached copy of letter written by the Northwest Magnesia Association to the Department of Labor & Industries of the State of Washington, ias teen sent us apparently by the Secretary of the Association, Elliott DeForest, without any comment whatever, end in the envelope of the Asbestos Supply Compeny, First Ave. 81 Jackson, Seattle, Washington. Mr. DeForest is connected with the Asbestos Supply Compeny. There does not seem to be anything we can do about it under the circumstances, and we are passing it along to you thinking it might interest you generally, and perhaps you might like to contact Mr. DeForest on the subj ect. If you would prefer that the matter be bandied thru us, we would be glad to write Mr. DeForest at your direction; otherwise you need not returnthe letter. Very truly yours,BJ5/SS" srTtos'siter^ TJ Editor. v`-" 4 PLAINTIFF'S EXHIBIT nr/) U-.1' COPY . Seattle, Washington T June 14, 1943 Ur. John E. Morgan, Supervisor of Safety Cepartaent of ^sbor ^ Industries State of Washington Olympia, Washington Dear Mr. Morgan* RE: Proposed General Safety Standards Standard 49. Article A-5. ASBESTOSIS Our Association has given due consideration to the above nentioned subject and subnit to you the following reconraendations. * Inasmuch as any dust which night occur in any of our operations during the application of material in which asbestos migjit be used is not of any dif ferent character from the ordinary dust that is d eveloped in thousands of occupations, we feel that it is adequately classifiediunder Standard 45 in the general classification of "Hazards and Protective Devices." The relative quantity of asbestos in the materials that use the name "asbestos" is quite snail. As a matter of fact, magnesia is 852 of most of the pipe covering which is generally referred to as asbestos aaongest those uninformed. In our entire practice of handling asbestos in the State of Washington, and our Association members have been in this business over 40 years, we have no knowledge of anyone who is even acquainted rdth the coined word "Asbestosis" much less ever having contracted the disease.- We feel that if such a so-called disease were advertised to the general public, and our workmen in particular, that it would give them an excuse upon which to place claims for all sorts of allied ailments and our particular industry v.ould be unduly- burdened by such parasites. # Our Committee, consisting of Ur. V.' S. Jenkins and Ur. T. F. Bellamy, who were interviewed by John E. Morgan and Kerman Luft at the Smith Tower offices of the Department of Labor & Industries, report that the recorded singular .. case of Asbestosis as noted in the medical journals occurred in Sigland some 40 or 50 years ago under must unsanitary and inhuman working conditions. Since this foreign disease has not come to our attention, we feel it should be left in Europe where it belongs and not brought to our local communities and create hysteria and fear aoongest the families of our contented woriur.en who are now enjoying good health and living to a ripe old age, which* is significant of the Pipe Coverers Union as compared with the other trades. These statistics of your Department confirm the soundness of this argument 1 by the low rate which we have, and we wish to continue enjoying this low rate by not allowing our standards to be adulterated. Therefore, we heartily recommend that this entire Paragraph A-5 be deleted from your code, and pledge our cooperation to your Safety Standards, which as we interpret them, is using good common sense on *11 occasions. Cn all our operations where the slightest amount of dust might arise from any sawing, your representative will concur that we have proper ventilation and respiratory devices. Hoviever, when it cones to instilling our material in cramped quarters of war vessels, we have proven that it is of more value to consider safety in regard to giving ?. at'* proper vision and not alloying him to be encumberod with respirators, air hoser3, hoods, etc. 'o-kir., to you for favorable -*-iLon in this matter, *e re... . Very truly yours NORTHWEST HAGNESIA ASSOCIATION Elliott CeForest Secretary J to. Xraeat IttaUwL. fruldct, Cibr * tottiioc latltr, P. Daer to. feebleest Tou ere oorroct is tout uaderstaadlad that th#ra la wt eoeplete Identity bataaao thoae na sponsored Or. Cardaer's axparlamts sad those me ara praeeatly aaabara of ma iibaitei textile lastltate. Z believe It 111 ba helpful for jovi aad Sr. Sehrhaeh's consideration of tala subject If Z provide 70s *lta the felled** Hat of thee# aae aontributads iMJbar 4 lattl layboatos-Sanhattan, lac. *ohns Tin~m t Corporatio ftwifhaiw, Jobaatea Gowpmy Onlaa iibastaa 4 tobher Oats* Corporation Ubaitai `danofaeturlac Ca. toaeoll lanofscrurlac Ce. felted Stataa dypeuw Company daar&aaa Bnka Sloes Co. the lest four mnaratad abort art oot aajrars ef tha Institute. the firat fear mao rated a bora aada the eat aubetaotial aontrlbutleae, pladiiac aad paylhd C,000 par year terlBf aaea ef tfte four or five years that aupport vaa cxtmdad to Dp. tertoer. the mat paid hy the others vaa t*per year.and huiall Sff . and Isbestoa If(.Co. dla* itlaued tbal? rnttoUau earlier mm the ethers. : wt be created bat, aw appear teat tha fi la settled 9 I X mil appreciate jut hoe the mall ewalttee should baale af eoatrlbutl n, It eou!4 itri hated the ___ it vould ha justified ttae eewpoaad of a rapraseotatlvd ef oecft. to. 'a vlaaa. Sincerely, c WrJJ. ver I / \ unzszriAL ire-ms fcutcaticzj cr aj-ssica, 3c, W*00 Fifth Aver.ua PItteburgh 13, Pa, ( PLAINTIFF'S I EXHIBIT j -j m a% SPORT OF SSELSEIAS rOST E'iSnCATIC:? FOR AS2Z3TCS ES2H2 ZTSTITCSZ. JUTS, 1947 ' 37 - V.C.I. 5*=eon Eead Hngineer * Industrial Hygiene Fcundaticn of Assrica, Ir. r-- By John F. McMahon Managing Director ^f of PHELH'Guar bust suevzt for ASEESTOS 'STILE 1,STITT': June, I9U7 OBJECT 0? INVESTIGATION Thio project was a prelisinary i2.veati5a.ticn of the ascestproblea in textile plants of nsabsrs of the Asbestos Textile Instituvlth the imsdiata abject of defining the specific nature and the rag tude of the problea in ell ita phases. Eron such a definition, the c acter of a long-tem project could he outlined. An original objects meet irradiate inpertnnee was to facilitate the exchange cf infermt: between nenber ccnpaniea eu successful netheds cf dust centre! and o vise to prenote a general irnroveasnt in that field. SUMMARY The facts upon which this report is based vers obtained cn during tho pact three nonths, to all plants' of Institute nenhers (ax ore, vte wished the visit pcstpcned to a later date). Complete coot was extended at all plants. Sr. C. Bichard Vainer, Medical I ire etc.Industrial Hygiene Foundation, pnrticipated in visits to throe plant .* in ioveiepnent of the csdical concepts of this report. The problea is aeon to be ccnposed of tiuree aopccts which liacussod in three sections of the report and sumnrized herewith, : BKECEOTJC, MEDICAL, and rEfSICAL CZSTSIG. # In/cine-nr.::. -- Mechanical methods vcre seen in use in cr.o cr plants which effected practical dust control In all operations, bringing concentrations down to five million cr lover with cne cr two exceptions: is proposed to prepare formal detailed descriptions of these methods for &1 distribution to members of Asbestos Textile Institute. Medical Supervision of Workers. -- Only fire plants have had c* nedical x-ray surveys of employees. In the others, therefore, there is serious lack of information as to the incidence of asbestosis. Ike lack nore serious, in a sense, because in nost of these plants no cexpensable of asbestosis hare occurred to drav attention of top marngenrnt to the pi While the nedical survey conducted by one plant recently shevs only abcu*: per cent of the employees vith asbestosis, tvo other plants appear to ha*20 per cent of their employees affected. ( Medical supervision of workers in this Indus try is of umeso 1: portnnee for the protection of both erployee end enployer, not to mantis:, considerations. Therefore, it is strongly recommended that each plant ir tute a program of nedical and x-ray examinations of all exposed vorhars c early ao practical. Physical Testing (lust Counts, ete.) -- The "maxims remiss:.: dustiness" for asbestos is cocmcnly taken to be five million particles y foot. liia represents good ettainmsnt in the dust control program. It pfcesia-d, however, that duat elimination to this extant docs not pcsitivoure that no asbestosis will develop in sons workers after a long verimn(greater than 20-25 years). Scientific evidence is obscure on this point, recossendcd, therefore, ths.t studies be initiated aimed to develop ar.cth- yardstick, 'because it is subjected that vhen control holcw five uillicn attained, present dust count rotheds nay net properly asasure the rerzsir. hazard. A detailed sumary of reccmsndationa for a long-torn ir.resti is Giver. at the end of thi.a r5 I - I N C ! H i H 1! C TFzSZ:? STATUS OF TOT CCIITPCL Practically all plants visited have had one cr acre duct count . voys rade of thoir operations and these data vere available for the prese:; study. la adiitica, a few staples were takau b7 the investigator ia root These records were studied end a range of conceatratioas Judges uoot representative oelectcd for the sumary given la Table I. Vhere re lav ly extreme values appear it is an indication of too few-data to permit a estimate. Figures in the last eclunr. are selected to Indicate the nagr.itu-:readily attainable dust concentrations with dust central neesure 3 now in use; or fudged to be nest typical of an operation vhere no special dust cneasures era employed, e.g., ring spinning. discussion of Concentrations The available dust count data for operations in the preperat: or. are highly variable end reflect the poorer accuracy in sanpling inherent 1 operations that are intermittent end miscellaneous in character. These fi.ere, therefore, considered ruch less reliable than those for other depar'r: Th# figures for carding room dustiness indicate .that with reasc good enclosure and exhaust of the nachines, concentrations veil belcv chr nillicn are obtainable. Pour cf the plants visited exceed the five mill-' Unit naterially. AH the data for male spinners exposure indicate a vide vtriatic dustiness, ranging from two to eight nillicn, but the voluse of data arc 7^ I P S- iH 3 83 -4 a U 0* - 0 r- fi.JS k K *4 *4 3 *- f-. -- c 0 1 1 9O Oj *J U 0 <3 A _ o X vrs fi1 a Jf KN 44 r^ 0m ffl1 i CMo- SO O' i lA -S' *1 i A t-4 o o i C0O* 09 Ii i oi <N A K" 44 44 A < * 35 -7 o Cm M a o t A --4 .:a w* .4 *ft W" 1 04 1 cS t ril 04 04 oo 1--< CM1 i 1 04 04 1 --Vv CM00 -S 1i 04 / 04 tf"\ 11i 44 04 r* A 1 1 . -4<V (4 OJ Os 0* i US JX A 1 l *"\ A A Jf CMi i 04 -t 1 a A-- 04 i i SO . rs o *4 \r\ r1t i tr\ a 04 ii --4 44 4-N A A 1i1 *4 #4 1 A 11 04 CM| -S' SO 1i i 04 04 *4 fi A 04 r-- i 04 04 1 1 -S 1 04 eo ee e 4* o eo c CO CO* e 01 kC 'a. 2 4> to eo c a c ** e 44 44 2. Q eU Cm mmu ti z CO0m u o a 0+ 2 w 0 3 44 3 Q s U o oe 9 1 greet enough to yield a good average. Concentrations for ring cplnr--4 free: coo to five nillicn although there la no otreng iniloatlcn in tho a' data of narhed differences bctvccr. thia operation and reile spinning. There la a isilar vide variation in data for tvisting (tvo to .on), hut there is sens Justification in these data for the opinion held that this ia one of the dueticr operations in the finishing end of It ia believed that occasional high values in both ring spinning and. tyi^ reflect in ocnc caaee the oanpling procedure. If the largo intingsr ia _ tained in one location and there Is a strand breakage in that imediate * the" resulting vhipping dust vill be reflected in that single cangle end v. not, therefore, be representative cf the verier`o enpeaure. Lustiness in veering operations reflects the use of vater for control in sons plants ahd exhaust system in others. The Ir-est conccr.'- tiens of one to wo niilion obtained in Plant A reflect highly effieien-. veaying rstheds there esployed. Concentrations less than four to firo ni are readily attainable by local exhaust rstheds os indicated by the msvi several slants. The data for spooling end vinding opera tiens are included for . plctcness, but reflect niacellnneous operations and conditions. Tie du,, ported is often due to the effect of other rachincry in the cans rocn. considerations therefore affect the reliability of these data, as in tht of operations in the proparaties rocs. ZXZSTIT.'G ns? cc?:t?oi tpacticts The following discussion of duct control practices in the Indus is nereis an outline. To he useful to these vho are responsible for the engir.ecrir.3 in each plant, they vill need to he set forth in the fem cf. detailed specifications describing details of ccnsducticn, specif!cat!or for sheet nrtal contractors, for purchase of fans of proper capacity and design and operation of dust collectors. Highly variable practices prevail in different plants and the c: collanecu3 character of operations vithin a single plant rahes it inpract: to fomniate cany general statenants. Hcvever, it nay he said that such trol as is realised results fron the use of nodem ecuipnent that 13 veil closed and vhich usually incorporates pneuratic conveyors vith ceiling c-t densers. E:e large covenant of air involved in pneucatic transport serve useful additional purpose of preventing the escape of dust iron the priru. equipesnt. Discharge of atocJc fda ceiling condensers into bins, stcch h or feed heppere is a du3t usually not under control. The blending operab le another eource vhich ie often cot satisfactorily controlled. With th. cepticn of -these two cornon operations, cost of the dust control proc-du q,uircd trill be ncro or less specific for each plant. Cardins As has been noted, reduction of dustiness ia carding to ccr.cer. tions of three dllion or leas is easily attained by good enclosure cf " nachine and carefully designed exhaust. Moreover t experience of severe.'. ccrpanieo proves that it does not interfere seriously vith ranufacturir._ operations ncr vith quality cf roving produced. Our investigations indicate the superior advantages of having vails of the enclosure of vocd to facilitate snail clearance by rubbing ~ tact at the edge of the rain cylinder, thus avoiding excessive air irfi; tion at that point; Wood covers have the advantage of resistance to cr-: vhich vas evident in installations vith sheet.ratal covers. Connection of the enclosure to the exhaust sycter by rears of bers of anple dirsasicns, i.e., large cress-eeetiorai area is of rajer . pcrtance to avoid localised high air velccities clcse to the vebeing in rain cylinder. This detail vas not alvays obserred. In viev of sirilar degrees of success, Judged by dust counts, tveen various inctc 11atiers, 'the beet criterion of superior design as tails of exhaust fror the rachihe vas in the relative eccrcry respecter volurs cf air exhausted per urchins. Cur observations indicated rathe, trers variaticra as indicated in the relieving table of exhaust rates j carding set in five representative plants: Plant Air Exhausted Per Set B C\< *** E 0 H * U "\ 1500 cm 2200 cm 3800 cm 5U00 cm 2coo cm / \ \ It is apparent fms this investigation that 2CCO-23CO cm pci' of breahor and finisher cards is arris exhaust capacity if the syctsr properly designed. All five of the systems described in the table serve their satisfactorily frem the viewpoint of operation, but it dees net rear they veuid be equally satisfactory to others. Thus the plant vith hi haust capacity (C) baa a unique intcrplant tunnel connection, sc that cr heat from another plant supplies replacement air without added cost, fe:- cr vir.ter discomfort. Plant 2 ecntrols dust by completely housing each pair of card; spacious rocn, exhausted at a rate of 2CC0 cfn. Sidevalls are easily rs_ ed for repairs. Most plants vould not prefer this arrangement. u. As far as the dust count data can chcv, the card reen of Plant vith 22CO cfn is equal if not superior to that of Plant Z vith 38CO cfn. recently installed systen. Ihc fundamental features of beat card dust control systems ct. are ae follows: 1. Vocd enclosure vith hingeins arrangement. 2* Liberal clearance between vorher rolls and curve of cover permitting -air passage at lev velocity. 3. . large chamber connection on cover, to duct. 1*. Luct branch net over 5", preferably k", 5. Ho blast gate dampers in branch line. 6. Inhaust influence over comb, cither by extension of sain cover or by separata heeds. 7. Exhaust apace under machine, not over U" duct. 8. Enclosure and exhaust of food hopper, not over duct. Two installations include an exhaust brunch to prevent the e; dust originating in the ^ace between the ring doffers and the main cyl: One plant has installed ventilation fcr their ring spinnir has reduced dust in this epe in a aerie enings under the frane, near ths length of each frans. Tina did not pemit dsnonatrading to cur satisfaction whether a nsasurable irprovenent had hesn effected cr n This should he dsns by a scries of dust nsasurenents vith exhaust cn off. The vciune of air exhaust is insufficient to effect a true loc haunt action, and if it is effective it rust, therefore, he on effec sirele dilution. Tvistir.f! Interest in control'of dust iron twisters is widespread ir. dustry and Plants A and 3 have installed an exhaust ays ten lihs ths scribed for the spinning franss in Plant A. Here again the operator a rarlced inprovensnt has resulted. lust count data is needed that v neasure the degree of inprovensnt. Winders >- b Cop vinders have been exhausted in Plants A and 3 vith rep beneficial reduction in dustiness. We do not have quantitative data point. Tho exhaust arrangenent for Pester vinders vaa developed san ago and is veil Jcicvn. She tendency to slinination of this nachine tho problsn one of little practical interest ncv. In nost plants, dust frea other equipnent, such as epinnir twisting vhich are ccnocnly in the aano roon, is of greater irportar that froa vinding operations. 19^7 Wcavin/? Cno plant haa a superior nethcd cf suppress ins last in weaving : vet no theda and dust count records indicate a complete suppress icn of dus ' It involves a water spray head raurted above the v&rp at-the rear of the haraos3 vith a r-chanical ocrev arrangerant for constant reverent of the . head transversely to the varp.. They believe it to he rare effective than syoter ccaaaen in several plants vherein the varp is pasaed over vetted rel it is apparsnt.17 not practical to reecarand ICO per cent vet vcj threeshout the industry. Hereover, wo are satisfied that it is practical control dust in this operation by local exhaust, where dry wearing is ccr.a ed irrsrntivefcr special properties of the cloth. Cne of the best eulaus arrongenants inclades an exhaust opening directly under the varp at the rof the harness frans vith a slot exhaust opening carried by the lay bear., latter connected to the stationary part of the exhaust 37sten, eithsr b flexible hose crmngsnant or by an all natal svivel Joint. luct Hark The actual arrangensnt of duct vcrle and exhaust fan present no usual prcblcna where good practice in sheet natal fabrication is foilove'points are of sufficient inportar.ee to require enphasis. . Special care nh be exercised in the fabrication to avoid sharp projections on the inside < create points of lodgeaent for fibers. Soccndly, it rust be designed to vide adequate transporting velocities. Velocities belcv 2C00 far, in tht experience of the industry, nay pemit sottlcnsnt of natcrial end gradual clogging. Therefore, alloving a mrgin of safety, the desist should jr* * for velocities of 3CC0 fpa. Tho problcr cf distribution of planned air fir-'a to tho dlffo branches cf the oyster, is of irportanco it the desi^i of all dust orhau syctors. The use of darpers in branches to adjust air flcvs is avciiad the test oysters. Their function in effecting halar.ee betveen brunches test attained in the original dssi{p. Design. procedures to effect this Jective are available hut vill not he elaborated at thi3 point. Dust Collectors Firs plants in the survey crplcy the vcll-kn: m m /* for filtering air frer Tnrious exhaust oysters. The favored filtering is deterrined on the basis of one square foot fer each air flcv of 2 cf Host arranaerer.ts are such as to perrit cleaning by vhipping vith a bar pole or a buggy vhip by ren vho rerrin or the clean air aide of the f il cloth. In one syoter, the rennre required to enter the dust side for ing purposes, end final clearing is carried out cr.cs ve-kly vith the uee central station vacuus, cleaner, rracticee in different plants arc vari to frequency vith vhich the burlap filter is freed of its duct load by While these dust collectors verk veil, ve are not prepared to rend then to the exclusion of sens ccrrercial typee of filters having u shakers. Several engineering olersnts enter into the design of a dust or systen, involving principally a proper estirate of pressure drop in rents of ths systsn and especially that through the filter proper (hock If the pressure drop ootimte in ths filtsr is incorrect, the syoter v: operate properly. If the basic resistance of the filter, i.e., that ir- ly after shaking the cloth, is subject to a constant increase over a pc of veeis, the system operation vlll suffer. Apparently, sen- of the clde. ccrsr-rcial flat tag type of collectors did exhibit that difficulty. Medi cations in the design of such units have, however, been incorporated in m. recent nodels and these, difficulties nay have been eliminated. Two plants cap107 commercial collectors of the flat bag or enve type. Another plant uses a cloth tube commercial collector and also cne filtering element is of paper, vhich is replaced at intervals of several ' A study of operating details of these commercial collectors is indicated this study, including considerations of original cost and operating cost. ?eoirculation Several plants return air from the dust collectors to the verbs* conser7.e heat in the cold veather. Ve are not prepared at this point -it. to condone or to condemn this practice except in cases vhere there is cbr. ly IsaVmge of dust through ths filter and consequent recontamination :: air inside the plant. Tie practice is generally frevnsi upon vhere dusts that ere hazardous to health cro being handled. We believe there are ceicircumstnnces vhere the practice night be permissible provided adequate ' guards are Incorporated in operating procedures. Tie large volumes cf as. involved la dust control represent a tremendous problem as to h--^ S boiler capacity vhich cannot be passed over lightly. II HS3IC AL PPZSH'.T >-SDICAL 7ACHITHS ATT3 7PACTTCIS -,5; r has connections vith* a local specialist in radicle^. vho ia employed for diagnostic verb cr* an irregular basis. Three have the cvn r-ray raohineo used b7 ths local specialist, hut only cne has a vell- establiahed schedule of periodic radical exarinatiers. Half of the plants have ao positive information aa to the iaciie cf ashestesia arcr.g their verkers. The situation is these respects is in- dieated ia Title H, tapis n. P555SNT P7ACTTCIS AITS 7ACZIITH3 AS TO 1SSICAI X-PAY Hlil-HILU'ICh'S HI VAEICU3 PLAITS 00 0 1 Plaat A 3 C 3 2 ? G 3 I J Secent X-ray^ Survey Made Yea No Ye* w Yea No No No Yea No Periodic X-ray T'T'~!~sticr.3 Mnde No No No No No No Yea No No Have Cvn X-ray Machine Yea /< .. 0 No ( No No No No * No Yea No Yea j Within laat fev years, and results available to plant or its pi^Biciaa SSTIMAG t.:zz2t::zz ct asppstcsis 2:e incidence of aobes ;ais among employees of these plants vhsr employees vers examined in reccn /ears, shows a mrhai variation as indi ed by the following: Plant A. has recorded cases disposed as asbs3tcei3 to the oxze j^4'- about 20 per cent, and In the past nine 7ears has compensated, c: tr.s arc: two ease3 per ann: i. Total textile employment about bOO. Plant C on the basis of a recent systematic surrey, estimates asbestC3is incidence to bo about three to four per cent. Plant 3 has results from an incomplete surrey in which four ear were found among those volunteering for examination with a total textile . ployment of around 150. They have ccmpensated one case in about 10-years. Three more are pending. Plant 3 with a textile employment of 300 finds five or aim caser annually that the physician believes show early changes due to asbes CS Pliant J has counted potential cases of asbestosis amounting in number to about 20 per cent, comparable with Plant A. other plants hare conducted no systematic x-ray surveys of their cvn and hare no iafermatien as to incidence among their employees. None of these has had eaocs requiring compensation. While ve have no complete data on history of employment end la: turnover in the several plants, it is apparent that there is, at least sv ficially, a narhed inccnsistcncy in thie picture. Also, it ie clear tha. Jura, 1^7 a serious lacfc of information prevails generally cn this aspoct of tho p ration, Iho stor7 in Worth Carolina is verth special mention. ^.is sent- instituted 10 years ago, o oyster, of periodic nodical examinations for ell. vorisrs in dusty industries and, banco, all asbestos textile verrors have been x-rayed and clinically exnnir.cd for a longer period, cn a periodic bK than any other asbestos textile plant in this group. If the state exsnin*. finds that vorhars should discontinue their cmgloymnnt because of rapidly *' r developing aoheoteois they hare tho authority to effoct this change. They ' ees to it that verbors vho should receive vcrlma'o ccnpensation due to di: abling ashes tesia ere processed. So far as ve have been able to ascertain neither ovent has occurred to any employee of tho tvo Worth Carolina ashea plants in this ^*cup, Ihese observations suggest that there may veil be a rarhed divor in radical procedures, ir.tarpretationa, and attitudes respecting the diagr of asbestcsls. Hare is & very urgent need for a concerted cooperative medical effort to dovelep improved diagnostic procedures end uniformity of interpr etation. i2^?0BSk::cz of rZgicsic mssicai 3ca>-c?atic::s Cne of the most important elements of a program of protecting of workers In dusty occupations ic the periodic nodical examination. The . cf scientific ir.foration regarding ell aspects cf ashcatosia ia serious. This ciroot be ever-emphasized. The obvious procedure to help overcome th. deficiency ia to employ every tool new available that vill throv zero ligh"' the facto, lie importance cf the periodic radical m-rcy examination car. pc. haps beet bo emphasized by otating that dust court ir.veati50tiera carrot, jj. the presort state of Iczsvlcdge, give uo acsurar.co ac to the extent of cur scses in eliminating the ha card. Segular crc.rir.atiera csrve to protect the verier by giving earl7 dication of health impairment due to dust, and perrit intelligent aoticn t: tahor to avoid further aerious he'clth deterioration. This is particularly tree if the detection is early enough and there ia no progression to lats stage asbestosia. More important, for the long tern, the accumulation of factual ir. formation regarding the health status of exposed workers, statistically in." prated in relation to dustineec studies end to mechanical developments in control eqTiijeaint, will eventually indicato when the battle of aabestcais trol is being won. This aspect of the problem is elaborated in the follow, section. The inventory provided by such a. medical program is *ust as impc to intelligent action in this problen, as. material inventories are to the proper conduct of buolncos. The question as to vhether a plant should purchase its ewa x-ray is an eccncnie cne involving cans ids rati on- of cost of local cuts nodical and x-ray facilities and of loss of employee tins in tr etc. A^ To further the objective of inproTenent and uniformity in diamr.:> procedures, a nodical section cf the program is proposed in the fern, of a MEDICAL ASrESTCSIS PAT2. to be composed of outstanding nodical non ir. this field, and cf the physician desi^ated by each company as the ens rasper-si'fer its nsdical and dia^rostic verk. The composition, as to outside nedical personnel, of this panel vculd be detemimed by its objectives: the assembling cf the best possible nsdical brains and the mutual education ir. liacnos+ic procedures that cones' fren exchanges- of scientific emperisr.ess and information. The panel vould meet, perhaps aemi - annually, and consider the ql. nificance of x-ray films and other clinical data, brought to the group -7 s~ participating physician. Dr. C.' Sichari Walmsr'a services vould be-availi.. fox* the organisation and other details. STATISTICAL STJDZZS C? HHIICAL SZCOSDS Tier* are two very Important questions concerning the physicicg:. naturs of asbestos that hare not yet bear, answered by any published ir.vcs' gation: 1. . Vhat la the expectation of asbestesis in vorhara exposed no: than 15-20 y-ars to lew concentrations of aebestos duet? Aacng the JCO-c.-.' vorhers who ccnposed the subjects in the TJ,S, Public Health Service otudy; there were abnormally few who had been exposed for nore than 1$ years and practically none orer 20 years. Th.eoe facta seriously effected the ccnclu aiens that could be drawn. 2. Is there a progression to advanced asbestos!s after expesuran individual has been discontinued or has been reduced to very lew level. due to actian of dust deposits fren earlier exposure? This question is very groat inportance to intelligent cedioal supervision of verbers in trplants. It is virtually certain that statistical investigations of exhc records would throw valuable light on these questions. Bone of the plants visited during this inquiry have sufficient extensive and systemtic records to provide satisfactory. answers to these questions, but the radical dcpartnsnt of Metropolitan Life Insurance Carr under Er. A. J. Lanza, have x-rays of a amber of ran obtained, in the cai 1930* s which could provide the nucleus of sera useful information, deper.on hew many of the original group are available for re-x-ray. uur. > xv** I Sis nest cuts ending store of infcrnation is in the records cf the Division of Industrial lygicne of tho North Carolina leparnoer.t cf Isa', vho, in accordance vith state lav hare x-rayed vorkera in this, and other dusty industries, alnc3t annually for the cast 10 yc&rs. A study of thee, records vculd undoubtedly cast nuch light on the question cf progression, Ihrough officials of the ccnpsny nsnbers in North Carolina, ve alrsad7 hav assurances of their full cooperation in any investigations, and although have not discussed the. natter vith then directly as to details, there is every reason to suppose that the desired infomsticn vould be rale availab?. to us for the purposes described. In addition, a general x-ray end nodical surrey of verhers in c:v or tvo plants vith a long history of high order of dust control vculd ts : great value for this purpose. ? 2TSI CAL SXGEI7ICA2:C2 OF ITJS' Correlation between development of esheetcois and acre pertinent neasure of dustiness, ~e.g., dust counts, can 1:8 developed by periodical!y serving and recording data on 'both aspects -- periodic radical exaninuticr. of exposed vorkers together vith the periodically neasured dust exposure ceach. Ecvever, to he useful for preventive purposes, theaeprccsdurcs have to he ertsci.ed into the past vhcrever data i3 aTuilab.c ^ii3 vas the prcc. ure employed .in the studies of the U.S. Public Health Service in North Care, plants (Public Health Bulletin IIo. 2klf 1533). The sain -mine of dust counts in asbestos plants is to obtain da on duct concentrations that can be- ccrpared vith that study, and thus lee/, conclusions as to probability of developnent of ashes tosis in the parties plant being studied. In that study, dustiness of different occupations vas neasured = the usual nanner, end also the incidence cf asbcatesis by medical ar.d x-r: exeninatianfl of tho nen employed. A statistical comparison of the tvo se data led tho Investigators to the conclusion that now cases cf asbestosis vculd probably not occur if dust control measures vers undertaken to ensur that no dust exposures exceeded five million particles per cubic foot (measured in the sans sennor). i APPSAISA1 C? TZZTJZzD n*S7 ~-\Z.*GD Having reached a degree cf dust central represented by the dune count Unit cf .five zillion, it is then proper to ash: 'Vhat degree of assurance is afforded by existing Icicvledge that asbestosis vill not, in fact, develop in the future if dustiness is kept be lev that level?" If there ere factors, at present unknown, that vill indicate a need for still letter dust control,vhat vill that Unit he? Ihe informtian available dees not remit cordlete assurance the five nillicn is thoroughly safe nor has infomaticn been developed* pemittc a better cstinste of safe due tineas. It la nevertheless of the greatest inpertonce either that such assurances be sought or a nsv yardstick of acocnplishnent be feuri for ac curately neasuring any ranaining hazard in the dust sons belov five nillic for the elininstiaa of future asbestosis depends upon the degree of centra effected new. Heasurenant of Pastiness Oat * basis of uncertainty as to applying present conventional counting techniques to the neaeurenent of asbestos dust hazards belov the five nil lion level is sunsariced in the question -- ore the fibers of ash' the causative agent or the nan-fibreus "cubical" particles that look like these of other industrial dusts? 2ie nen-fibrous particles in nest tentii operatiens ccrprisc 80-95 per cent of the total dust seen in dust counting Vhilo it is proven that asbaetae dust is the cause of asbestesi there is no certain infcmatica as to vhat shape or size of dust is the causative factor. Bie correlation studies of tho U.S.Public Health Scm v ---- ; employed conventional dust count techniques vhich, in effect, related incite of ashestesis to tio nunber of non-fibrous particles of a alee ranging frer to five cr 10 nicrcns, Tor illustration, suppose the causative dust elenent is senothinrdlfferent, e.g., fibers that are less than 50-^0 --crons long, and Ljcs tie 1-2 nicrona in dianctcr. The conventional dust count nathed vculd ba aatir factory only if there vere a fairly constant ratio between the two types c:` dust; if vculd, in that case, provide an adequate, index. Prel^--'nsr* Studies on Cualitiea of Asbestos rust With a viev to eventual develcpnent of eupplenentary nsthods fer naaauring asbestos dust concentrations cn a veight- basis, ve have conducts-:', ocs prolininary studies directed to the colcrinc-tric detemination of tots silica in the ninute quantities of asbestos dust obtained in a -typical atre. picric sample. This requires dcvelopnent since it could provide a valuable tool for further investigation. Sub-cicrcscoclc -particles. and fibers. Another aspect of the dust exanination problen cn vhich preli=ir_. vork has been dene involved studies -with the electron nicroscope. Ve pose the two following questions: 1, Ordinary dust particles, one to three nicrcns in dianater, prise nest of tie particles in the dust count. They look like ordinary in dustrial dust and ve refer to then as "cubical" as distinguished freu "fibr particles. B:e question is: are theac pariiclea in fact nen-fibreus or t. they ndlco cf fibers? 2. Secondly -- since the Unit of resolution of the microscope lenses used in dust counting does r.ot remit seeing particles very much sn. then cr.e micron, one my ash if there are nary filers of groat length, but such small width that they ere invisible? Samles of atmospheric dust vere obtained for emuir.etics by the electron microscope, by mounting the smll specimen slide used vith this instrument, in the dust collecting zone of the electric precipitator. In c to eliminate very large fibers, the air being campled was caused to pass fi through a glass spiral ccatcd vith adhesive cn its interior. This subjects the dust particles to centrifugal force and ths largoet enss vould be pre cipitated out, such as they night bs in ths nasal passages of ran. Studies vith other induetrial dusts employing this spiral ir.dicat that very rarely do cubical partibles larger than three to five ricrcns sue ceed in passing through the several turns of the spiral. In samples obtainedvith this apparatus in a card room having a good dust control, ve obtained pictures, eons of which are reproduced in to attached Figure. They demons irate first, that ths cubical particles seen v a lew power light-aicrosccpe are in fact bundles cf fiber resembling a lifv sire handful of partially opened fibers. Cse picture further demonstrated that there are many fibers cf aidcmble length, sons fully 50 microns, whose other dimmsicn is only a fraction of a micron; ths fiber is therefore invisible in the dust ccuntir; micrcscomco. TIITS C l OGLE ). MICRON DIAMETER Eiey also shewed acre fibers a few rierona In length whose dian . is cnly 0.01-0.02 ricrons, although the cc=cneot particles are bur.dlee oi fibers about 0.1 nicrcn in width. In addition to the light these obsei-raricno throw cn the sub- ricrosccpe character of asbestos dust, they are cited to indicate the cth;. qualities that night be pertinent to eraluaticn cf dust erpesure, to auppl nsnt the dust count technique new in uae. srziTirr vcs\r.-zs or stock la lavestigaticns of the ^pe being preae^iy considered, a. pr-- ala rust be to develop isprcvensntc ia dust ccr.trol vith the --- 0f vt.* aotlca and expensive expsrinsntation on a plant scale. At the stage of devslcr-mt of the industry, causes of dust are very cftea not obvious, e^aainaticn of dust count records nade available to us, ccabined vith the tests ve performed ourselves, provide auaarcus instances of variation, thi. cause of vhich is not apparent. We undertook recently to asasure the arsunt of dust in. the rcvir._ diffevent uamfacturers by suspending a reinsured quantity of roving in alee then raking a dust count in the sans runner as vith air sarples. The resul vould be expressed in rillicns of particles per yard of roving or per gran and vould be of great advantage in relating differences in dustiness to th. causative factor. Such a reacurersnt technique vould be essential in app* Ing the aetual value of oil. Ve do not have sufficient data on this effort cn vhich to drav c-; elusions. There are difficulties to be overcone, and the solution depends rore laboratory experirrntati cn. Another test Tssthcd vhieh vould be of value is a standardised r: ordeal abuse of roving in a csall vessel vhile sucking a stresr of air vi-. resulting dust as in ths sarpling for ordinary dust counts. A test of thi. kind, in conjunction vith the dustiness index vould be of value in evalua;-. the oiling practice, or it sigh^ take the piece entirely of the procedure previously outlined. oinups of j5cs?-g^ED ??cczr~s FOB ASHISTCSIS STCSTIGATICftS A. Disscrinatien of Irlstinr Infcrraticn Provide factual irfcrraticn to Institute renters vith Is ast pass. delay; prepare bulletins vith design sketches on sore or' all s` several subjects listed belcv, to be distributed singly as rea-s. Additional field ebservatiena required in can;' cases. 1. Carding dust control: for various rakes of rachir.es / 2. Dust in rrsasraticn. riseellaneous operatiers 3. Wet veering equiprsnt h, Ixfcauat for Dry veering 5. Inhaust for vindora. etc. 6. Design cf duct verk 7. Design of dust house B. Develocsant of ITev Techniques for Dust Control la-this category, tha problers for vkich there are no present severs: like twisting, spinning, appraisal of operation, '"efficiency and cost of ccmeroial dust collectors, etc. 2ii5 la urgently reccrrcndod to all companies. Medical advice as to organizations procedures yill be given by the Foundation upon request. 3. Orvanizaticn of a Dirt-Trestle Panel for Asbestos!* Arranged by the Foundation's Hediced Director and organized to roet in Pittsburgh at suitable intervals for scientific revlev of diagnostic prcblcrs, reading of x-ray filrs, etc. Panel to consist of individual cerpar.y physician or nodical consultants together with other nodical authorities to be deterrined. C. Statistical Study cf Irietins Hrdical ?ccords Desired to find answers to irpertant questions concerning radical and physical nature cf aobestesis; especially concerned vith records of State of Ilorth Carolina, Metropolitan Life Insurance Ccrpany, etc. in. pgjfsiCAL sstets (Further Fust Studies) Studies of physical and chcrica- characteristics of asbestos dust designed, in conjunction vith radical studies, to provide core significant Inforration concerning tha nature cf ths dust exposure; to develop supplcrantary techniques for reeraring reraining asbestesia hazard after reduction of. dust to rest the present standard; to insure that effective control of dust has been attained* fills is a step by step progras aired at the eUrination of asbestosis eases froa the plants of Asbestos fertile Institute rerbers / --- " u.' nu i ^ w. [) ./.' ( L, i Mr. Hugh M. Jackson Industrial Health Prog Jdms-Manviila Corpora 22 Cast lOth Street New York IS, 'lew York JO.M 1 1 PLAINTIFF'S I EXHIBIT j -5TA ypio At tho time of oui MceCine you :.id I diueuased the stilus of tlie ATI study, and I promised to 3 end you material which might be help ful. I realise that you .will not be unin^ it ur.tu January or r'e'jruA.ry, but thought I would send you what wo turned up i.T. mo dial c 1 y. Vie will coot ..'.'a: to search and will send you anything more tha: wc find before tnc time c; your meeting. In the American Journal of Medicine for November l'J52, laaei- b.'chcr, Klaus, arid Hardy hava in article entitled, "Asbc stoats ar.d Crpncho- genic Carcinoma". They rooort one case but review the literature u.-.a they state that "about 10,000 workers arc probably engaged in potentially k.i r. a r uo u atbastoi manufacturing operations in the United State 3. Most of the industry is angaged In asbestoo textile manuf.icUirl.ng............" As early au Lat:t 9 climated that about 12,000 individual a '.erc employed In toe chief ajhcstus pl.mtr. in Cite Uailod blatcj, ot whom 10,000 might he exposed. Hinaha.v unu Garland in their book. "Chso-iaos oi the Chert", just off the pres a. at.n.. in part "c.\posuro occur in Industrial plants v.-here asbestos products are fabri cated ami among those who luatall Insulating matanals; the spinning and wCav of asbestos In conbuUtion with other textiles also results in capojurc". The Is aelbachor article collects 20 cauoi including their own, of which 10 Apparently occurrod in this country. The occupations of thei<: :C Citn crc as follow ; throe weavers, t w 0 pipe Insulators, one pipe tcvcrjr one asbestos mill worlur and nortor, and thrje no: known. Tho occupations of tho other 10 (foreign) cues wore as follows: spinner; rr.-ttress and spcr.ir, dcparlmocls; packo r - olO r 0 department; carder, spinner, and '.vr.ivcr; pre1 p I imin 3 . a a ae .-nbl y room; machine adjustor; ba.tgor; pipe coverer; "ijbejioi worker"; and one wuO upont Id years lu an asbestos plant although the occupa tton 1 s not given. Mr. H.rh M. J.i-rXcm, ] 'ic'iniu' r C, 1 "> ; G L">e couclua ion of I'm a article la that asbustos la associated with hr cho ,icli;c c ar r inotu-t In 1 J, ') ** of live crea cllod In the Iltc r-iliiro, Doll, "Mortality from Lung Cancer In Aebusto* V.'orhe.-:", il r:t.iu Journ. Lod. Mod., April 1755, presents data on 18 enter. n{ lung cancer -li--,- nosed at autopny ai:mni| 105 cnmcullvc autopiiafl of winker* in a lirf.c jjLi:; "o;Vi. .* 1/tccn of Iho IS had ab*toala and throe did not. These Indivl t'ji'. were not minora, of course, and their occupationa includod: nine wea.vSr*. three fibertscra, two disintegrators, one bag carrier, two spLnacra, ^nd enu nuuileair.ee man. In addition, have found article* reporting at lent sever, other ciict, cnoatly in the foreign lilcraturo and many of which do not specify the occupation. L. IV. Smith, "Pneumoconloal and Lung Cancer'*, Compensation .Medicine, November 1949, states that the American and r.iglidh figures cor respond so closely that It becomcj more and more difficult to absolve asbestos a* a pol<*-tjal factor in the development of pulmonary cancer, lie r.uutoj a re cent editorial in tho JAMA as follows: "As the Available evidence shows that the occurrence ot cancor of the lung is related to pulmonary asbeatosid ana is not meroly a possible sequela of exposure to a a bo stoa duut. . . . . and states V_/ihat claims for componsation will become of Increasing frequency due to the general increase of carcinoma of tho lung. I hope that this material will be helpful to you in enlightening the r rp re s c:1.;1.vy c of the textile industry. We will continuo to send "arr.mur.Ulon" a s we uncover It. With kinds at porsonal regards. Sincerely youra, ;CL:lf Daniol C. Lraun, .M.D. Medical Director I Auguat 23, 1957 Mr. Hugh M. Jnckeon, Manager Industrial Health Program Johns-Manville Corporation 22 Liar: <Ct!i Street .New York lo, New York Lear Hugh: Thank you lor your letter of August 19 regarding tho 2ptemher meeting of the ATI, As a matter of fact, baring completed tho literature search, It Is apparent to us that tho possibility of an association between lung can car and asbestosis is much more likely to exist in aebostos factories than In mining operations. For example, of 99 cases which had been re ports! op to 1955, at least SO appear to have occurred in asbestos warkei othr than miners. A number were women, and the occupations given were: weaver, carder, mattress maker, l&gger, bagger, pipe coverer, spinner, etc. Two specific articles which mention the type of exposuro and the job is" that by Doll (l) and that by laselbacber, at. al. (2). Seventeen cases studied by Gloyna and 31 reported by Merowether, as well as three mrnticnod by Harrison and one each by Cureton and Owen occurred in Lngl?nd. If my information is correct, there is no mining of asbestos in England, and these must ail have been workers in textile or similar jobs. In this country, the ten cases reported were apparently ail in textile workers. The first case, reported in 1935 by Lynch and Smith was a weaver in cn asbestos factory for 21 years. Iseslbachnr's cases involved e contractor's helper engaged in cutting and sawing asbestos board and eortar in an asbettoa mill Ur. Hugh. M. Jackson -Z- August 23, ?37 The GAMA study is in tin final stages which a:s, of course, ths slowest. Ail of the statiaticai analysis has been completed, and the report is 99% written. What remains is mainly minor revisions, typing the manuscript and proofing* If should go to the print shop by ths end of this month. I hope this supplies you with whet you need for the meeting. If there is anything further, please let me know and I will try to get It to you m time. Sincerely yours, L'CD:1* Enclosure Daniel C. Braun, 2*1.D. Medical Director .References i. Doll, R.J tality from Lung Cancer in Asbestos Workers. Brit. J. Indust. hisd. 12, 51-86, 1955. 2. lasslbocher, K. J.; Klaus, II,; and Hardy, H. L.: Anbos toils and 3r ur.chcganic Carcinoma, Am. J. Mod. 15, 721-732, Ncverr.be 1953. 3. Doll, R.: Bronchial Carcinoma: Incidence and Aetiology (l.lliroy Lectures, abridged) Brit. M. J. , 11, 521-527, Sept. 5 , 1 953; 565-590. Sept. 12, 1953. EXHIBIT NUMBER DESCRIPTION FOR IDENTIFICATION ONLY JM-419 Deposition of David T. Austern, In re: All Asbestos Related Personal Iniurv or Death Cases Filed or to be Filed in Mobile Countv. Alabama. Circuit Court of Mobile County, Alabama. May 4, 1992, and all exhibits thereto. ADMITTED IN EVIDENCE A -W y V t / k PLAINTIFFS' EXHIBITS JOHNS-MANVILIE - Updated May 14, 1992 EXHIBITS\MANVILLE ORIGINAL 1 1 CIRCUIT COURT OF MOBILE COUNTY, ALABAMA 2 ...................................................................................X 3 In Re: ALL ASBESTOS-RELATED : 4 PERSONAL INJURY OR DEATH CASES : 5 FILED OR TO BE FILED IN : 6 MOBILE COUNTY, ALABAMA : 7 - - -...................................................................X 8 Washington, D. C. 9 Monday, May 4, 1992 10 Deposition of DAVID T. AUSTERN, a witness 11 herein, called for examination by counsel for Plaintiffs 12 in the above-entitled matter, pursuant to Notice, the 13 witness being duly sworn by JAN A. WILLIAMS, a Notary 14 Public in and for the District of Columbia, taken at the 15 offices of Manville Personal Injury Settlement Trust, 16 1825 Eye Street, N.W., Suite 300, Washington, D.C., at 17 10:45 a.m., Monday, May 4, 1992, and the proceedings 18 being taken down by Stenotype by JAN A. WILLIAMS and 19 transcribed under her direction. 20 21 22 ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 1 APPEARANCES: 2 3 On behalf of the Plaintiffs: 4 PETER A. KRAUS, ESQ. 5 Baron & Budd, P.C. 6 The Cent main 7 3102 Oak Lawn Avenue 8 Suite 1100 9 Dallas, Texas 75219 10 (214) 521-3605 11 12 On behalf of Defendant Owens-Corning Fiberglas: 13 RICHARD M. CRUMP, ESQ. 14 Crosby, Saad & Beebe, P.C. 15 Suite 600 16 3290 Dauphin Street 17 Mobile, Alabama 36606 18 (205) 476-3000 19 20 21 22 2 ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 1 APPEARANCES: (Continued) 2 3 On behalf of Defendant Flintkote, Inc.: 4 KELLY A. McCLOSKEY, ESQ. 5 Thompson, Hine and Flory 6 1920 N. Street, N.W. 7 Washington, D.C. 20036-1601 8 (202) 331-8800 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 3 4 1 CONTENTS 2 3 THE WITNESS EXAMINATION BY COUNSEL FOR 4 DAVID T. AUSTERN THE PLAINTIFFS 5 By Mr. Kraus 7 6 EXAMINATION BY COUNSEL FOR 7 DEFENDANT OWENS-CORNING FIBERGLAS 8 By Mr. Crump 9 10 35 FURTHER EXAMINATION BY COUNSEL FOR THE PLAINTIFFS 11 By Mr. Kraus 12 54 FURTHER EXAMINATION BY 13 COUNSEL FOR DEFENDANT 14 OWENS-CORNING FIBERGLAS 15 By Mr. Crump 56 16 17 EXHIBITS 18 EXHIBIT NO. PAGE NO. 19 Plaintiff's Exhibit Nos. 1 through 19 5 20 21 * Plaintiff's Exhibit Nos. 12 through 14 retained by 22 counsel. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 5 1 PROCEEDIN GS 2 (The documents referred to 3 were marked Plaintiff's 4 Exhibit Nos. 1 through 19 5 for identification.) 6 MR. KRAUS: Let me state for the record that I 7 am counsel for Plaintiffs, my name is Peter Kraus. 8 I have had the court reporter mark as Exhibit 1 9 an Amended Notice of taking the oral deposition of David 10 Austern. And I had copies of this Notice served on 11 counsel for Owens-Illinois, Rock Wool, Garlock, A.W. 12 Chesterton, Owens-Illinois/Keene, Flintkote, John-Crane, 13 Pittsburgh Corning, Fiber Board, the Center for Claims 14 Resolution, Defendants Owens Corning Fiberglas, and 15 AC&S. 16 MR. CRUMP: Excuse me. Let me state something 17 for the record. 18 As a preliminary matter, it is my understanding 19 that there were motions to quash this deposition filed in 20 the Circuit Court of Mobile and that there was a phone 21 hearing held on those motions this morning. I was not 22 party to the phone hearing, but Mr. Kraus advises me that ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 6 1 the motions were denied. 2 MR. KRAUS: Let me just clarify that, Richard, 3 for the record. The hearing never took place, I never 4 spoke with the judge, I learned only from his secretary 5 that there would be no hearing and he would not rule on 6 any of the motions to quash these depositions. 7 MR. CRUMP: I understand. Thank you for 8 clarifying. 9 In any event the motions to quash then are 10 outstanding on this deposition and we do not by our 11 appearance here waive any grounds for quashing this 12 deposition which are asserted in those motions. 13 Additionally we would object in that we had not 14 had an opportunity prior to today to review the exhibits 15 tendered to Mr. Austern. Polly Kellar requested those 16 Friday and she was informed he wasn't sure which 17 documents he would tender to Mr. Austern and that maybe, 18 if we could check back later, we could be told that 19 information, although he was leaving shortly I believe 20 sometime Saturday to come to D.C. 21 So we don't waive any of those objections that 22 either were stated in the motions to quash which I have ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 7 1 stated or will state during the course of the deposition. 2 Whereupon, 3 DAVID T. AUSTERN 4 Was called as a witness by counsel for Plaintiff, and 5 having been duly sworn by the Notary Public, was examined 6 and testified as follows: 7 EXAMINATION BY COUNSEL 8 FOR THE PLAINTIFFS 9 BY MR. KRAUS: 10 Q. Would you state your full name for the record, 11 sir. 12 A. David Thomas Austern. 13 Q. And, Mr. Austern, what is your occupation? 14 A. I'm general counsel of the Manville Personal 15 Injury Settlement Trust. 16 Q. Would you describe briefly what your duties are 17 as general counsel for the Manville Personal Injury 18 Settlement Trust? 19 A. I direct the legal department in the trust and 20 supervise the lawyers and other staff in that 21 department. I also supervise the corporate legal affairs 22 of the trust both internally and with respect to the ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 8 1 trust's relationship with the Manville Corporation and I 2 supervise the litigation that the trust is in. 3 Q. Would you describe briefly what the Manville 4 Trust is? 5 A. The Manville Trust was -6 MR. CRUMP: I object. We didn't state any 7 stipulations on the record. I assume the uspal 8 stipulations apply, although I don't know that, but I 9 would object on the record as to the relevance of that. 10 THE WITNESS: The trust was created by a plan 11 of reorganization under Chapter 11 of the bankruptcy code 12 pursuant to which the trust was given certain assets of 13 the Manville Corporation and assumed certain liabilities 14 of the Manville Corporation. It is a New York common law 15 trust. 16 BY MR. KRAUS: 17 Q. Would you describe please the connection 18 between the Manville Trust and the Manville Corporation. 19 A. We own on a fully diluted basis 80 percent of 20 the stock of the Manville Corporation, both preferred and 21 common. We are also the corporation's largest creditor 22 and are on a weekly and sometimes more frequently basis ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 9 1 in contact with the Manville Corporation about its 2 affairs. 3 Q. Can you describe for me, sir, the relationship 4 between the Manville Corporation and a company that was 5 known as the Johns-Manville Corporation? 6 A. During the Chapter 11 bankruptcy, I mentioned 7 the Johns-Manville Corporation which consisted of -- the 8 Johns-Manville Sales Corporation and ten or possibly 11 9 subsidiaries were formed into the Manville Corporation. 10 So it is the successor corporation to Johns-Manville. 11 Q. Sir, was Johns-Manville a participant in the 12 asbestos industry? 13 MR. CRUMP: Object to the form of the question. 14 THE WITNESS: It was. 15 BY MR. KRAUS: 16 Q. What happened to the documents maintained by 17 Johns-Manville in the course of its business related to 18 its participation in manufacturing, mining, and milling 19 of asbestos products? 20 MR. CRUMP: I object to the form of the 21 question in that there was no proper predicate or 22 foundation laid that shows this gentleman has this ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 10 1 knowledge. 2 THE WITNESS: The corporation had what I'll 3 divide just for the sake of explanation into two types of 4 documents. They had asbestos-related documents which 5 Johns-Manville and its successor corporation, Manville, 6 had used in litigation either defending personal injury 7 lawsuits filed against the corporation prior to August of 8 1982 when the corporation declared bankruptcy and 9 additionally documents used by Manville as plaintiff in 10 litigation first against its insurance carriers in 11 California and later in a case filed in the Court of 12 Claims in the District of Columbia against the United 13 States Government. That was one set of documents. 14 And the other set of documents were all other 15 asbestos-related documents which Manville did not use in 16 its either defending itself in litigation or using as 17 plaintiff in litigation. 18 BY MR. KRAUS: 19 Q. Okay. What happened to those documents related 20 to Manville's participation in the asbestos-related 21 industry? 22 MR. CRUMP: Again I object to the form of the ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 11 1 question in that there is no proper predicate or 2 foundation laid that shows that this gentleman has that 3 knowledge. 4 BY MR. KRAUS: 5 Q. Let me strike that then and rephrase. 6 Sir, do you have knowledge of what happened to 7 documents related to Johns-Manville Corporation's 8 participation in the asbestos industry? 9 A. Yes. 10 Q. And how do you have that knowledge, sir? 11 A. When I first became employed by the trust, I 12 went to Denver, Colorado, where Manville was 13 headquartered, to their headquarters building. And I was 14 actually shown the litigation part of the documents that 15 I referred to, consisting of virtually thousands of 16 documents involved in the 17,000 or so pending personal 17 injury cases which were stayed by the bankruptcy and in 18 addition an equally large and perhaps even slightly 19 larger group of documents which Manville had used in the 20 litigation in California against its insurance carriers 21 which was then over and was presently using in the Court 22 of Claims in its suit against the government. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 12 1 MR. CRUMP: Move to strike those portions of 2 this gentleman's answer which are clearly hearsay in 3 which he was shown documents and was told or is purported 4 to know whose documents they appear to be. 5 BY MR. KRAUS: 6 Q. Sir, did those documents which you reviewed at 7 the Manville Corporation include the internal documents 8 of Johns-Manville Corporation in asbestos-related 9 businesses? 10 MR. CRUMP: Object to the form. 11 THE WITNESS: It included them. Obviously in 12 the personal injury side there were plaintiffs' documents 13 as well, but it included the asbestos work of 14 Johns-Manville. 15 BY MR. KRAUS: 16 Q. Sir, what happened to those asbestos-related 17 documents in 1988? 18 MR. CRUMP: Object to the form. 19 THE WITNESS: We, the trust, had transferred to 20 a warehouse which we leased in Denver all of the Manville 21 documents used in the insurance litigation in 22 California. We had transferred to us in the District of ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 13 1 Columbia most, not all, but most of the personal injury 2 documents which Manville had had pending in 1982 in the 3 thousands Of lawsuits that were stayed. 4 We had transferred to us to the Denver 5 warehouse all of the documents Manville was not currently 6 using in the lawsuit against the United States Government 7 in the Court of Claims and then copied the documents 8 which they were currently using during that litigation 9 and then had transferred to us in the same warehouse in 10 Denver all of the asbestos documents from wherever they 11 were located in the country. They were in three 12 principal places, in Manville facilities, some of which 13 were closed, some of which were opened, by truck and 14 brought to us in the Denver warehouse. 15 BY MR. KRAUS: 16 Q. Sir, are you now the custodian for those 17 documents related to Manville's asbestos activities? 18 MR. CRUMP: Excuse me. Are you referring to 19 Mr. Austern personally or the Manville Trust as an 20 entity? 21 MR. KRAUS: I am referring to Mr. Austern 22 personally. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 14 1 BY MR. KRAUS: 2 Q. Are you, Mr. Austern, now the custodian for 3 those documents related to Manville's asbestos-related 4 activities? 5 A. Yes, I am. 6 Q. Sir, let me show you what's been marked as 7 Plaintiff's Exhibit No. 2. 8 A. Okay. 9 Q. Would you identify what that is? 10 A. This is an affidavit which I prepared and 11 signed in March of last year. 12 Q. Is that affidavit true and correct to the best 13 of your knowledge, sir? 14 A. It is -15 MR. CRUMP: Excuse me. I object to the form in 16 that the document speaks for itself. 17 THE WITNESS: It is accurate. 18 BY MR. KRAUS: 19 Q. I'm going to show you a series of exhibits 20 here, and let me identify them for the record. 21 First Plaintiff's Exhibit No. 3 which is also 22 labeled Plaintiff's Exhibit JM 3, a letter to ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 15 1 Mr. Vandiver Brown, Attorney, dated October l, 1935, with 2 an attached letter dated September 25, 1935, to 3 Mr. Sumner Simpson from Ms. Rossiter of Asbestos 4 Magazine. 5 Plaintiff's Exhibit No. 4 also marked JM 4, an 6 October 3, 1935, letter to Mr. Sumner Simpson from 7 Mr. Vandiver Brown. 8 Plaintiff's Exhibit No. 5, also marked 9 Plaintiff's Exhibit JM 6, a Memorandum of Agreement dated 10 November 20, 1936. 11 Plaintiff's Exhibit No. 6, a February 27, 1937, 12 letter to Mr. Sumner Simpson from Vandiver Brown. 13 Plaintiff's Exhibit No. 7, also marked JM 12, 14 that's Plaintiff's Exhibit JM 12, a May 11, 1937, letter 15 to Raybestos-Manhattan, Inc., from Vandiver Brown, 16 attaching a First Progress Report on Asbestos Experiments 17 dated May 5, 1937. 18 Plaintiff's Exhibit 8 also marked Plaintiff's 19 Exhibit JM 16, a May 3, 1939, letter to Sumner Simpson 20 from Vandiver Brown. 21 Plaintiff's Exhibit 9, also marked JM 29, a 22 February 24, 1943, letter to Vandiver Brown from Leroy U. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 16 1 Gardner, attaching an Outline of Proposed Monograph on 2 Asbestosis. 3 Plaintiff's Exhibit No. 10, also marked 4 Plaintiff's Exhibit JM 30, a June 18, 1943 letter to 5 Mr. Sumner Simpson from A. S. Rossiter, attaching a 6 June 14, 1943, letter to Mr. John E. Morgan. 7 Plaintiff's Exhibit No. 11, an April 30, 1948, 8 letter to Mr. Ernest Muehleck, I cannot read the name 9 exactly, but he's identified as the president of Keasbey 10 & Mattison Company, from Vandiver Brown. 11 Plaintiff's Exhibit 12, also marked Plaintiff's 12 Exhibit JM 283, a December 8, 1936, letter to Members of 13 the Asbestos Industry from Mr. C. J. Stouffer. 14 Plaintiff's Exhibit 13, also marked Plaintiff's 15 Exhibit JM 292, a picture with caption identified as the 16 May 1945, International Hygiene Trustees Meeting. 17 Plaintiff's Exhibit No. 14, also marked 18 Plaintiff's Exhibit JM 294, a Xerox of a publication 19 entitled Health and Industry dated on the facing page 20 November 7, 1946. 21 Plaintiff's Exhibit 15, also marked Plaintiff's 22 Exhibit JM 296, a Report of Preliminary Dust ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 17 1 Investigation for the Asbestos Textile Institute dated 2 June 1947. 3 Plaintiff's Exhibit 16, also identified as 4 Plaintiff's Exhibit JM 306, a letter dated December 6, 5 1956, to Mr. Hugh M. Jackson from Daniel C. Braun. 6 Plaintiff's Exhibit No. 17, also marked 7 Plaintiff's Exhibit JM 310, an August 23, 1957, letter to 8 Mr. Hugh M. Jackson from Daniel C. Braun with attached 9 references. 10 Plaintiff's Exhibit 18 also marked Plaintiff's 11 Exhibit JM 416, a June 12, 1961, confidential memorandum 12 to.Mr. A. W. Spedding, from Leon Morowitz or Horowitz, 13 it's not readable. 14 Plaintiff's Exhibit 19, also marked Plaintiff's 15 Exhibit JM 297, dated July 11, 1947, a Memorandum on 16 Plant of Johns-Manville Corporation. 17 MR. CRUMP: Just for the record, I don't want 18 my silence to be construed as an admission that those 19 documents are what Mr. Kraus says that they purport to 20 be. 21 MS. McCLOSKEY: Do you have any copies of the 22 exhibits? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 18 1 MR. KRAUS: Yes. 2 MS. McCLOSKEY: Thank you. 3 BY MR. KRAUS: 4 Q. Would you review these, sir. And by these I'm 5 referring to Exhibits 3 through 19 I just identified. 6 A. Okay. 7 Q. Mr. Austern, are Exhibits 3 through 19 genuine 8 and authentic copies of documents maintained in the files 9 of the Manville Trust? 10 MR. CRUMP: Excuse me. I want to object to the 11 form of the question inasmuch as I understand the Alabama 12 rules and the law of the state of Alabama, documents 13 cannot be authenticated en masse. As these are a number 14 of different documents from different authors, I object 15 to Mr. Austern identifying them en masse. 16 BY MR. KRAUS: 17 Q. Then let's go through them one by one. Is 18 Exhibit 3 a genuine and authentic copy of a document 19 maintained in the files of Manville Trust? 20 MR. CRUMP: I object to the form of that 21 question in that there is no foundation laid or proper 22 predicate for that and it does not comport with the ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 19 1 Alabama rules of law of authentication. 2 BY MR. KRAUS: 3 Q. Did you answer? 4 A. No, I didn't. The answer is yes. 5 Q. Is Exhibit 4 a genuine and authentic copy of a 6 document maintained in the files of Manville Trust? 7 MR. CRUMP: Same objection that I just stated. 8 THE WITNESS: Yes, it is. 9 BY MR. KRAUS: 10 Q. Is Exhibit 5 a genuine and authentic copy of a 11 document maintained in the files of Manville Trust? 12 MR. CRUMP: Same objection. 13 THE WITNESS: Yes, it is. 14 MR. CRUMP: Can I just have that same objection 15 as to all the documents which you are going to ask this 16 gentleman about? 17 MR. KRAUS: Yes. 18 MR. CRUMP: Yes? 19 MR. KRAUS: Yes. 20 BY MR. KRAUS: 21 Q. Is Exhibit 6 a genuine and authentic copy of a 22 document maintained in the files of Manville Trust? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 20 1 A. Yes it is. 2 Q. The same about 7? 3 A. Yes. 4 Q. And is 8 also? 5 A. Yes. 6 Q. And is 9 also? 7 A. Yes. 8 Q. And is 10 also? 9 A. Yes. 10 Q. By also you understand I mean the same question 11 I just asked you, whether these are genuine and authentic 12 copies of documents maintained in the files of the 13 Manville Trust? 14 A. I understand. 15 Q. And is 11 also? 16 A. Yes. 17 Q. And 12? 18 A. Yes. 19 Q. And 13? 20 A. Yes. 21 Q. And 14? 22 A. Yes. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 21 1 Q. Fifteen? 2 A. Yes. 3 Q. Sixteen? 4 A. Yes. 5 Q. Seventeen? 6 A. Yes. 7 Q. Eighteen? 8 A. Yes. 9 Q. Nineteen? 10 A. Yes. 11 Q. And, sir, are you the custodian for these 12 documents? 13 MR. CRUMP: Object to the form. 14 THE WITNESS: Yes. 15 BY MR. KRAUS: 16 Q. Sir, is there anyone else in either the 17 Manville Trust or the Manville Corporation who maintains 18 a collection or a repository of all these documents? 19 A. No. 20 Q. Sir, have you seen original copies of these 21 documents? 22 MR. CRUMP: Object to the form. Again it calls ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 22 1 for him to verify seeing originals of a number of 2 different exhibits and I object to the form of that on 3 that basis. 4 BY MR. KRAUS: 5 Q. Answer it if you can, sir. 6 A. Can I refresh my recollection for a second? 7 Q. Yes. 8 A. I believe I'm going to say Exhibit 14, yes. 9 With respect to Exhibit 13, I have never seen the 10 original picture, but I have seen the original magazine 11 or a copy of the original magazine. With respect to all 12 the exhibits up to 13, I have seen either carbon copies 13 on tissue paper of Vandiver Brown's correspondence to 14 Sumner Simpson or his colleague of what are frequently 15 referred to as the Sumner Simpson papers. Obviously, 16 where Vandiver Brown is the sender, I have not seen the 17 original, I have seen the tissue copy or a tissue copy, I 18 can't say it's the only tissue copy. 19 With respect to correspondence to Vandiver 20 Brown from Sumner Simpson or others, in a few cases I 21 have seen the original letters and in some of those cases 22 the original letters were actually offered into evidence; ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 23 1 although I have seen them, I do not have them, I have 2 copies. 3 With respect to Exhibit 14, I have seen an 4 original publication; that is to say, this is a copy of 5 the original publication, there were obviously a number 6 of copies. 7 The same for Exhibit 15, I have seen -- this is 8 a copy, but I have seen what certainly appeared to be 9 original versions of Exhibit 15. 10 I cannot tell you that I have seen originals or 11 even tissues of 16 or Exhibit 17, but I certainly have 12 copies in my possession in the warehouse. And I have 13 seen what I believe are original typed versions of 14 Exhibits 18 and 19. 15 BY MR. KRAUS: 16 Q. Now, sir, for those documents which you just 17 identified as having seen either the original or a tissue 18 carbon copy, did those documents that you actually saw 19 appear to be aged? 20 MR. CRUMP: Object to the form of the question 21 because there's no specificity with respect to which 22 documents he saw. In particular I would cite to the fact ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 24 1 that he saw some but not all of the original of what he 2 referred to as the Sumner Simpson papers and I would 3 object to lack of foundation as to whether this witness 4 can testify to their age or not. 5 BY MR. KRAUS: 6 Q. Sir, in light of the objection, I think we had 7 better break this down again. With regard to Exhibit 3 8 and the attachment, have you seen either the original or 9 a tissue carbon copy original of that? 10 A. Yes. 11 Q. Did they appear to be aged? 12 MR. CRUMP: Object to the form. 13 THE WITNESS: They did. 14 BY MR. KRAUS: 15 Q. Did they appear to be in a condition so as to 16 create no suspicion as to their authenticity? 17 MR. CRUMP: I object to the form, it calls for 18 a conclusion that I think is best left to the Court. 19 THE WITNESS: I certainly believed they were 20 authentic. 21 BY MR. KRAUS: 22 Q. Do you have any reason to believe that the ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 25 1 dates reflected on the documents are incorrect? 2 A. No. 3 Q. Let me show you Exhibit 4. Have you seen 4 either an original or a tissue copy, original carbon copy 5 of that document? 6 A. Yes. 7 Q. Did it appear to be aged? 8 MR. CRUMP: Same objection as to the form, lack 9 of predicate or foundation. 10 THE WITNESS: It did. 11 BY MR. KRAUS: 12 Q. Is there any reason for you to believe that the 13 date is incorrect on that document? 14 A. No. 15 Q. Same question as to Exhibit 5 here. Have you 16 seen an original or a carbon copy of that document? 17 MR. CRUMP: Same objection. 18 THE WITNESS: I have seen a typed original of 19 that document which I believe has the original signatures 20 on it. 21 BY MR. KRAUS: 22 Q. Any reason to doubt that the date reflected on ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 26 1 that document is in any way incorrect? 2 MR. CRUMP: Object to the form. 3 THE WITNESS: No. 4 BY MR. KRAUS: 5 Q. The original typed copy appeared to be aged? 6 A. Oh, yes. 7 Q. Let me show you Exhibit 6. Have you seen 8 either an original or an original carbon copy of Exhibit 9 6? 10 A. Carbon copy, yes. 11 Q. Did it appear to be aged? 12 MR. CRUMP: Same objection. 13 THE WITNESS: Yes. 14 BY MR. KRAUS: 15 Q. Do you have any reason to believe that the date 16 reflected on that exhibit was incorrect? 17 A. It appeared to be correct. 18 Q. Have you seen Exhibit 7, have you seen either a 19 copy or an original tissue carbon copy? 20 A. I've seen a tissue carbon copy of this. 21 Q. Did it appear to be aged? 22 MR. CRUMP: Same objection. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 27 1 THE WITNESS: Yes, it did appear to be aged. 2 BY MR. KRAUS: 3 Q. Any reason to believe the date reflected on 4 that exhibit is not correct? 5 MR. CRUMP: Same objection. 6 THE WITNESS: Same answer. 7 BY MR. KRAUS: 8 Q. I show you what's been marked as Exhibit 8. 9 Have you seen an original or an original carbon copy of 10 Exhibit 8? 11 A. A carbon copy again. 12 Q. Did it appear to be aged? 13 MR. CRUMP: Same objection. 14 THE WITNESS: Yes, it did. 15 BY MR. KRAUS: 16 Q. Any reason to believe the date is not correct 17 on that exhibit? 18 MR. CRUMP: Same objection. 19 THE WITNESS: I believe it's correct. 20 BY MR. KRAUS: 21 Q. I show you Plaintiff's Exhibit 9. Have you 22 seen an original or a carbon copy of Plaintiff's Exhibit ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 28 1 9? 2 A. I have seen a carbon copy. 3 Q. Did that tissue carbon copy appear to be aged? 4 A. It did. 5 Q. Any reason to believe that the date reflected 6 on that exhibit is incorrect? 7 MR. CRUMP: Object to the form, particularly in 8 light of the fact that there is an attachment; and, 9 whether or not the date on the cover letter is correct or 10 if it appears aged, object to the form with reference to 11 applying that to any attachments. 12 THE WITNESS: I believe it's correct. 13 BY MR. KRAUS: 14 Q. How about the attachment, sir? 15 A. I believe the age of this is correct as well. 16 MR. CRUMP: I object to the form. I don't see 17 a date on that document anywhere. 18 THE WITNESS: I'm relying on the date of the 19 letter. 20 BY MR. KRAUS: 21 Q. Fine. Have you seen a copy of the attachment? 22 A. Yes. And there appears to be an attachment to ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 29 1 the attachment. In any event, I have seen the entire 2 document. 3 Q. And did the attachment and the attachment to 4 the attachment appear to be aged as well, sir? 5 A. Yes, they did. 6 Q. Let me show you Plaintiff's Exhibit 10. 7 A. Yes. 8 Q. Have you seen an original or an original carbon 9 copy of Plaintiff's Exhibit 10? 10 A. I have. 11 Q. Did it appear to be aged? 12 MR. CRUMP: Same objection. 13 THE WITNESS: Yes, it did. There's also an 14 attachment to Exhibit 10 which bears a date four days 15 earlier. 16 BY MR. KRAUS: 17 Q. Do you have any reason to believe that the date 18 of the letter or the attachment is not correct? 19 MR. CRUMP: Same objection. 20 THE WITNESS: I believe it's correct. 21 BY MR. KRAUS: 22 Q. Let me show you what's been marked as ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 30 1 Plaintiff's Exhibit 11. Have you seen an original or an 2 original carbon copy of Plaintiff's Exhibit 11? 3 A. Yes, I have. 4 Q. Did it appear to be aged? 5 MR. CRUMP: Same objection. 6 THE WITNESS: It appeared to be aged. 7 BY MR. KRAUS: 8 Q. Do you have any reason to believe that the date 9 reflected on that document is not correct? 10 MR. CRUMP: Same objection. 11 THE WITNESS: I believe it's correct. 12 BY MR. KRAUS: 13 Q. Let me show you what's been marked as 14 Plaintiff's Exhibit 12. Have you seen an original or an 15 original carbon copy of Plaintiff's Exhibit 12? 16 A. Yes, I have. 17 Q. Did it appear to be aged? 18 A. It did. 19 MR. CRUMP: Excuse me. I'm going to have the 20 same objection to did it appear to be aged and did 21 the -- the same two questions that Mr. Kraus has been 22 asking, did the document appear to be aged and did it ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 31 1 appear to be the date that was reflected, I think the 2 basic thrust of those questions, that I have the same 3 objection to all of those. And if you will give me a 4 standing objection on that. 5 MR. KRAUS: That's fine. 6 MR. CRUMP: Thank you. 7 THE WITNESS: It appeared to be aged. 8 BY MR. KRAUS: 9 Q. Do you have any reason to believe that the date 10 reflected on that document is incorrect? 11 A. No, I believe it's correct. 12 Q. Let me show you what's been marked as 13 Plaintiff's Exhibit No. 13. I believe you testified 14 earlier that you have seen a copy, an original copy of 15 the magazine that that picture came from? 16 A. Yes. Let me tell you, I believe it's a 17 privately printed magazine, I don't suggest it's like 18 Time or Newsweek or anything like that, and I believe 19 it's also a program for a convention or some meeting. 20 But yes, I have seen the original. 21 Q. And do you have any reason to believe that the 22 May 1945 date of that picture is incorrect? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 32 1 A. I have no reason to believe it's incorrect. 2 Q. Sir, did that original copy of that program 3 that you have seen appear to be aged? 4 A. Yes. 5 Q. And, sir, let me show you what's been marked as 6 Plaintiff's Exhibit 14 dated on the facing page November 7 7, 1946. Have you seen an original copy of ^hat 8 document? 9 A. I have seen an original in the exact spiral 10 form that the first page appears to be copied from. 11 Q. And did it appear to be aged? 12 A. Yes, it did. 13 Q. Do you have any reason to believe that the date 14 reflected on that exhibit is incorrect? 15 A. I believe it's correct. 16 Q. With regard to Exhibit 15, sir, have you seen 17 an original or an original carbon copy of that report? 18 A. I have seen an original, what appeared to be an 19 original version of this report. 20 Q. Did it appear to be aged? 21 A. It did. 22 Q. Do you have any reason to believe that the date ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 33 1 reflected on that document is not correct? 2 A. I believe it's correct. 3 MR. CRUMP: Excuse me. Off the record just a 4 second. 5 (Discussion off the record.) 6 BY MR. KRAUS: 7 Q. Mr. Austern, I believe you testified earlier 8 that Exhibits 16 and 17 you have not seen originals or 9 original carbon copies of? 10 A. That's correct. 11 Q. You are, however, the document custodian for 12 these documents? 13 A. That's correct. 14 Q. And do you have any reason to believe the dates 15 reflected on Exhibits 16 and 17 are incorrect? 16 MR. CRUMP: Object to the form, no predicate or 17 foundation. 18 THE WITNESS: No, I do not, I believe they're 19 correct. 20 BY MR. KRAUS: 21 Q. Let me show you Exhibit 18, sir. Have you seen 22 an original or an original carbon copy of this document? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 34 1 A. Yes, I have. 2 Q. Did it appear to be aged? 3 A. It did. 4 Q. Do you have any reason to believe the date 5 reflected on that exhibit is incorrect? 6 A. I believe it's correct. 7 Q. And the same question with 19, have you seen an 8 original or an original carbon copy of Plaintiff's 19? 9 A. Yes, I have. 10 Q. Did it appear to be aged? 11 A. It did. 12 Q. Do you have any reason to believe the date on 13 that document is incorrect? 14 A. I believe it's correct. 15 Q. And, sir, in summary are you the custodian for 16 Exhibits ;3 through 19 for the Manville Trust? 17 A. Yes. 18 Q. And are Exhibits 3 through 19 genuine and 19 authentic copies of those documents that you are 20 custodian for? 21 MR. CRUMP: Same objection. 22 THE WITNESS: Yes, they are. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 35 1 BY MR. KRAUS: 2 Q. And do you have any reason to believe that any 3 of the dates reflected on Exhibits 3 through 19 are 4 incorrect? 5 MR. CRUMP: Same objection. 6 THE WITNESS: No, I do not. 7 MR. KRAUS: Pass the witness. 8 MR. CRUMP: May I have just a second, please. 9 EXAMINATION BY COUNSEL FOR 10 DEFENDANT OWENS-CORNING FIBERGLAS 11 BY MR. CRUMP: 12 Q. Let me ask you a few preliminary questions, 13 sir. When did you become affiliated with the Manville 14 Personal Injury Trust? 15 A. November 1 or 2, 1987. 16 Q. Prior to that date, had you had any connection 17 or affiliation with either the Manville Corporation or 18 Johns-Manville or any of its subsidiaries? 19 A. No. 20 Q. Would it be fair to say that prior to the 21 date of November 1, 1987, or November 2, whichever the 22 correct date is, you have no personal knowledge with ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 36 1 respect to either the history of Johns-Manville 2 Corporation, the recordkeeping procedures of 3 Johns-Manville Corporation, or other aspects of its 4 corporate policies? 5 A. That's correct. 6 Q. How old a gentleman are you, sir? 7 A. I'm sorry? 8 Q. How old a gentleman are you? 9 A. Fifty-three, February 8, 1939. 10 Q. Do you recall most of the documents Mr. Kraus 11 asked you about were dated in the early to mid-thirties 12 and early forties, correct? 13 A. Correct. 14 Q. You would have been either not born or an 15 infant during the time that most of these documents were 16 purportedly authored? 17 A. Correct. 18 Q. And you clearly don't purport to have firsthand 19 knowledge with respect to the circumstances of offering 20 transmission or receipt of those documents? 21 A. I have no firsthand knowledge. 22 Q. As I understood your earlier testimony, sir. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 37 1 the, quote, Manville documents are divided up into in 2 your opinion three categories, category one or maybe 3 category one and two are really one category but 4 documents used in litigation, either third-party 5 litigation, insurance litigation by Johns-Manville, or 6 John Manville's claim against the United States? 7 A. That's correct. 8 Q. Can we just combine those into, quote, 9 litigation documents? 10 A. Certainly. 11 Q. And the other category would be anything other 12 than litigation documents? 13 A. That was asbestos-related. 14 Q. And do you have an independent recollection as 15 we sit here today with respect to Exhibits 3 through 19 16 that Mr. Klaus asked you about whether any of those came 17 from the, quote, litigation documents or any other 18 documents? 19 A. Almost all of them were given to me separately 20 at one time so I can't tell you. 21 Q. I believe that I understood your testimony 22 earlier correctly in that the litigation documents ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 38 1 included documents that Johns-Manville used, either their 2 own documents or documents that they obtained through 3 discovery; is that correct? 4 A. That's correct. 5 Q. So, with respect to the aspect or the portion 6 of the documents that are considered to be litigation 7 documents, those all are not necessarily internal 8 Johns-Manville documents or documents that are kept at 9 Johns-Manville, they may have been received through the 10 discovery process? 11 A. That is correct. 12 Q. And, as you sit here today, do you have an 13 independent recollection with respect to each of these 14 documents whether any of those were received by 15 Johns-Manville through the litigation discovery process 16 as opposed to being kept by them originally, do you have 17 any firsthand knowledge with respect to that? 18 A. I have no firsthand knowledge, no. 19 Q. And I believe your characterization of the 20 documents that you reviewed when you went out to Denver 21 were thousands and thousands of documents; is that 22 correct? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 39 1 A. You mean that were in Denver at the time. 2 Q. Yes. 3 A. Yes. 4 Q. And that was in approximately 1988? 5 A. Early '88. 6 Q. And approximately 1988 would have been the 7 first time that you would have personally seen any 8 documents that were the, quote, Manville documents; is 9 that correct? 10 A. No, that is not correct. 11 Q. Would it have been sometime after November 1 of 12 19.87? 13 A. In December of '87 I was shown some documents. 14 Q. Do you have a recollection as you sit here 15 today whether any of the documents Mr. Kraus showed you 16 were included in the documents you saw in December of 17 1987? 18 A. Yes, they were. 19 Q. So would December of 1987 be a good starting 20 point with respect to your personally having seen any, 21 quote, Manville documents? 22 A. That's correct. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 40 1 Q. Would it be a fair statement, sir, that, from 2 the date that any of these documents may have been 3 authored to December 1987, you would have no personal 4 knowledge with respect to how they were kept, where they 5 were kept, or in what form they were kept? 6 A. I have no personal knowledge, that's correct. 7 Q. Now, you indicated that there were sources of 8 the documents other than the main Johns-Manville offices 9 in Denver? 10 A. That is correct. 11 Q. And I think you said there were three main 12 other sources. What were those three main other sources? 13 A. Manville, New Jersey, where Manville at one 14 time had a large plant and boxes were in storage there. 15 Lompoc, California, where similarly Manville had a large 16 plant, asbestos plant, and documents were sent to us from 17 Lompoc. And Bloomington, Illinois, on which I have no 18 firsthand knowledge, but huge numbers of documents came 19 from a Manville facility in Bloomington, I can only 20 assume a factory or a storage facility of some kind. 21 Q. As you sit here today, do you have personal 22 knowledge as to which of the documents, if any, that ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 41 1 Mr. Kraus has shown you today came from which of those 2 four facilities; in other words, Denver, Manville, 3 New Jersey, Lompoc, or Bloomington? 4 A. I don't believe any of the documents up to 5 exhibit - - can I refresh my recollection - - up to and 6 including Exhibit 12, I don't believe any of the 7 documents came from any of the three facilities you just 8 mentioned. 9 Q. Do you know at what point in time documents 10 from those facilities were sent to either Denver or 11 D.C.? 12 A. From those facilities? 13 Q. Yes. 14 A. They went to Denver and it was I would say from 15 April 1 to May 1, 1988, it was done by truck over a 16 period of time. 17 Q. Did you in any way oversee or supervise the 18 loading of the documents or the shipping of those 19 documents from the three facilities that we just 20 discussed to Denver? 21 MR. KRAUS: Object to the form of the 22 question. What do you mean about in any way oversee, you ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 42 1 mean actually there on the loading dock or involved in 2 the process? 3 BY MR. CRUMP: 4 Q. Do you understand my question, sir? 5 A. I think I do. I was not at the shipping end, 6 the loading end, of the documents. In a few cases I 7 believe I happened to be there when the documents arrived 8 in Denver. 9 Q. With respect to the documents in Denver, prior 10 to December or so of 1987, would you have had any direct 11 knowledge or input into the pulling together of all those 12 documents from the various sources within the Denver 13 facility? 14 A. Well, when I saw them in December of '87, they 15 were all pulled together. I can't tell you when that 16 happened. 17 Q. And you don't know, you have no personal 18 knowledge of who did that or under what circumstances 19 that was done or what protocol was followed to do that? 20 MR. KRAUS: Object on the grounds of 21 relevance. 22 THE WITNESS: Only through hearsay do I know ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 43 1 who did it. 2 BY MR. CRUMP: 3 Q. So the answer to my question would be that's 4 correct in terms of you have no personal knowledge? 5 A. I have no personal knowledge. 6 Q. Now, you mentioned the areas of litigation and 7 you mentioned insurance litigation that Johns-Manville 8 was involved in and a claim here in Washington against 9 the United States Government. 10 A. That's correct. 11 Q. And is it your understanding that that claim 12 was that Johns-Manville was pursuing either 13 indemnification by the government or compensation from 14 the government because of Johns-Manville having sold 15 asbestos products that were military spec'd products? 16 MR. KRAUS: Object to the question on a number 17 of grounds. First off it's completely irrelevant to the 18 purpose of this deposition; secondly, the witness has no 19 personal knowledge; thirdly, any government contract 20 defense-related questions are completely irrelevant to 21 this litigation. 22 THE WITNESS: To the extent I understand how ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 44 1 the Court of Claims works, I believe it was an 2 indemnification case. 3 BY MR. CRUMP: 4 Q. Sir, let me ask you about the affidavit that 5 was marked as Exhibit 2 I believe. Have you got that in 6 front of you, sir? 7 A. Yes. 8 Q. All right. You indicated that you drafted 9 that? 10 A. Yes. 11 Q. At whose request? 12 A. Somebody in the firm of Baron & Budd. 13 Q. Did that person provide you with the documents 14 about which they requested an affidavit on the 15 authenticity? 16 MR. KRAUS: Object to the form of the 17 question. 18 THE WITNESS: I'm not sure. You mean documents 19 themselves? 20 BY MR. CRUMP: 21 Q. Well -22 A. I believe I had a list -- to clarify my answer, ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 45 1 I believe I had a list of documents, I'm not sure at the 2 time I had the documents. 3 Q. You were provided a list of documents by Baron 4 & Budd? 5 A. Yes. 6 Q. And the list would identify the date, author, 7 and recipient perhaps of the document or maybe the 8 subject matter of the document? 9 A. Essentially in the form of the affidavit, yes. 10 Q. And did you undertake to go to the document 11 repository and compare the documents that were identified 12 on the list with the originals in order to execute that 13 affidavit? 14 A. In some cases, yes; in some cases I had already 15 done that because of other affidavits in other 16 depositions. 17 Q. Do you have a recollection at this point in 18 time - - I understand it's four years later, do you have a 19 recollection of which of the documents you actually went 20 to the repository and verified as opposed to which you 21 did from memory from other affidavits? 22 A. Well, it's not four years later, it's one year ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 46 1 later. This is March of -- excuse me, you're right, 2 March of '91. Certainly the first 12 exhibits I had here 3 and had done that exercise before. I know the picture 4 and I recognize the picture and I've seen the original. 5 I believe 14 and 15, the two publications that 6 have been referred to, I have seen the originals a number 7 of times. I can't tell you with respect to 16 or 17 8 because I'm not sure I have ever seen originals and 9 frankly as I sit here I can't remember what I did with 18 10 and 19. 11 Q. Let me ask you a question, and I will need to 12 refer to the affidavit now. There are a couple of 13 documents that Mr. Kraus asked you about here today that 14 were not listed on this particular affidavit and I'm 15 going to go through them individually. But generally did 16 you review any documents in the repository in preparation 17 for the deposition here today? 18 A. No. 19 Q. Would it be fair to say that any testimony you 20 have given with respect to documents that were not 21 contained on this affidavit you're giving from memory in 22 terms of you haven't looked at that document recently in ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 47 1 the repository and compared it with any copy that 2 Mr. Kraus may have offered to you? 3 MR. KRAUS: Object to the form of the 4 question. 5 THE WITNESS: That's correct. But, to make it 6 clear, I had copies of these documents in advance of the 7 deposition. 8 BY MR. CRUMP: 9 Q. Yes, sir. 10 A. I have not compared them in preparation for 11 this deposition with copies in the warehouse, that's 12 correct. 13 Q. Let me see if I can find which ones I'm 14 particularly referring to. For example, Exhibit No. 15, 15 also identified as JM 296, I believe was identified by 16 Mr. Kraus as being a preliminary dust study sent to the 17 Asbestos Textile Institute; is that correct? 18 A. That's correct. 19 Q. If you'll look at your affidavit, I don't 20 believe that's one that you mentioned in your affidavit. 21 Certainly, if it is, it's not in chronology. 22 MR. KRAUS: Object on the grounds of relevance, ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 48 1 it's immaterial whether or not that was a document that 2 we asked about in his affidavit. 3 THE WITNESS: I agree, it does not appear to be 4 in the affidavit. 5 BY MR. CRUMP: 6 Q. And, aside from relying on your memory, 7 you have not taken the copy of Exhibit 15 that 8 Mr. Kraus has provided you and compared that with any 9 original document or such that may be kept in the 10 Manville repository? 11 A. Not in preparation for this deposition. 12 Q. A number of the documents Mr. Kraus showed to 13 you were not authored by someone at Johns-Manville; is 14 that correct? 15 A. That's correct. 16 Q. As to any of the documents, you have no 17 firsthand knowledge with respect to the mode of its 18 preparation or whether or not it was, in fact, prepared 19 at or about the time that the date is reflected on the 20 document? 21 A. I have no personal knowledge. 22 Q. And you have no personal knowledge with respect ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 49 1 to whether or not it was prepared at or about the time 2 that the event that purports to be depicted in the 3 document took place? 4 A. I have no such personal knowledge. 5 Q. As to the documents that were not authored by 6 someone at Johns-Manville, you have no firsthand 7 knowledge as to whether or not that document was prepared 8 in the regular course of business of whatever entity 9 authored it? 10 A. That's correct. 11 Q. Do you have any reason to believe that any of 12 the documents that Mr. Kraus has asked you about were 13 distributed outside of the named recipients on the face 14 of the idocuments? 15 A. I'm sorry, were they what? 16 Q. Distributed beyond the named recipients 17 indicated on the face of the document. 18 A. I don't know if they were or weren't. 19 Q. You have no information about that? 20 A. That's correct. 21 Q. This may be a variation on a question 22 I asked you earlier and I'm trying to understand ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 50 1 it to remember if I did ask you. If I did, I 2 apologize for my repetitiveness, and I'm going to 3 ask you several questions that are going to start 4 with the premise that -- let me just ask the questions. 5 With respect to the documents, Exhibits 3 6 through 19, that Mr. Kraus has shown you, do you agree 7 with me that all the documents bear a date before any 8 involvement by you with either Johns-Manville or Manville 9 Trust? 10 A. That's correct. 11 Q. And, with respect to whether or not the 12 documents authored by or purportedly authored by either a 13 Manville individual or authored outside Manville, you 14 have no personal knowledge regarding the method or 15 standard operating procedure employed by either Manville 16 or the purported author of the document with respect to 17 the making of business records? 18 A. That's correct. 19 Q. And you have no personal knowledge with respect 20 to either Manville or the purported author of the 21 document as to what was the regular practice of business 22 regarding the making of records during that period of ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 51 1 time? 2 A. That's correct. 3 Q. And you have no personal knowledge whether or 4 not any of the documents were made at the time of the 5 event recorded or within some close period of time 6 following that? 7 A. That's correct. 8 Q. With respect to all the documents that were 9 gathered from Manville facilities, and I think your 10 testimony was that all the documents that Mr. Kraus has 11 shown you here today you believe were gathered from 12 Manville facilities? 13 A. Correct. 14 Q. You have no personal knowledge what may or may 15 not have happened with those documents, how they were 16 stored, or any changes that could have been made on those 17 documents from the date that they bear to the time that 18 you first became involved with them in December of 1987 19 or thereabouts? 20 A. That's correct. 21 Q. Some of the documents contain what I will refer 22 to as marginalia or handwriting on the face of a typed ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 52 1 document, correct? 2 A. Correct. 3 Q. And would it be correct to say that you have no 4 personal knowledge regarding who may have put the 5 marginalia on there or when it may have been placed on 6 there? 7 A. With the exception of the numbered stamps, not 8 date stamps but number stamps that appear on the lower 9 right-hand corner of some of the documents, that is 10 correct. 11 Q. What I will refer to as the Bates stamp, that's 12 the printed number on the lower right-hand corner of some 13 of the documents? 14 A. That's correct. 15 Q. When and by whom were those numbers placed on 16 any of the documents that they appear on? 17 A. I can't tell you the identity of the person who 18 placed the numbered stamps on them, but I will tell you 19 that the numbered stamps refer to documents used either 20 in the insurance litigation by Manville or in the Court 21 of Claims litigation by Manville. 22 Q. Did either Manville or the trust attempt to ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 53 1 Bates stamp all the documents contained within its 2 various repositories? 3 A. I will tell you, the trust certainly did not. 4 I don't know if Manville did. 5 Q. With respect to the documents that Mr. Kraus 6 has shown you, Exhibits 3 through 19, he went through 7 each one of them individually and asked you if you had 8 seen an original and did it look aged and did you have 9 any reason to believe that it was dated other than the 10 date on the face of the document. 11 Do you have any firsthand knowledge other 12 than the date on the face of the document that the 13 document was, in fact, prepared on the date that it 14 bears? 15 A. That's what I rely on, the date on the 16 document. 17 Q. You have no firsthand knowledge other than that 18 date? 19 A. That's correct. 20 MR. CRUMP: I believe those are all the 21 questions I have. Thank you, sir. 22 MR. KRAUS: Just a couple of follow-up. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 54 1 FURTHER EXAMINATION BY COUNSEL 2 FOR THE PLAINTIFFS 3 BY MR. KRAUS: 4 Q. Mr. Austern, were all of these exhibits 5 among exhibits received by the trust in either 6 facilities, agents, or employees of the Manville 7 Corporation? 8 MR. CRUMP: Object to the form. 9 THE WITNESS: That's correct. 10 BY MR. KRAUS: 11 Q. Let me ask you once more to examine Exhibit 15 12 carefully. 13 A. Okay. 14 Q. Does it appear to be a genuine and authentic 15 copy of the original of that document which you have 16 reviewed? 17 MR. CRUMP: Object to the form, lack of 18 predicate or foundation. 19 THE WITNESS: Yes. 20 BY MR. KRAUS: 21 Q. You have reviewed the original of this 22 document? ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 55 1 A. Oh, I've seen an original of this, yes. 2 Q. Isn't it true, sir, that, when the 3 Manville Trust took custody of all these documents, 4 all the asbestos-related documents of the Manville 5 Corporation, that they were covered with asbestos 6 dust? 7 MR. CRUMP: Object to the form. 8 THE WITNESS: The boxes that came to us from 9 the three facilities that I mentioned had to be vacuumed 10 before we opened them because they had asbestos dust on 11 them. 12 MR. KRAUS: Nothing further. 13 Thank you. 14 MR. CRUMP: Off the record for a second. 15 (Discussion off the record.) 16 MR. CRUMP: Please read back the first question 17 by Mr. Kraus on redirect. 18 THE REPORTER: Question: Mr. Austern, were all 19 of these exhibits among exhibits received by the trust in 20 either facilities, agents, or employees of the Manville 21 Corporation? 22 ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 56 1 FURTHER EXAMINATION BY COUNSEL FOR 2 DEFENDANT OWENS-CORNING FIBERGLAS 3 BY MR. CRUMP: 4 Q. Let me clarify one thing, sir. The litigation 5 in which Johns-Manville was involved, the third-party 6 litigation, the insurance litigation, and the Court of 7 Claims litigation was all ongoing. With respect to the 8 third-party litigation, it had stopped by the time you 9 became involved? 10 A. That's correct, it was subject to a bankruptcy 11 stay. 12 Q. And do you have information with respect to at 13 what point in time Johns-Manville first became involved 14 in third-party litigation? 15 A. Generally, yes. 16 Q. And approximately when was that? 17 A. I think the very first lawsuit was a Workers' 18 Compensation lawsuit in the '30s. But, as far as - 19 Q. I said third-party lawsuits. Do you understand 20 the distinction between third-party lawsuits and Workers' 21 Compensation? 22 A. Excuse me, you're absolutely right. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 57 1 With respect to the 17,000 or so personal 2 injury files we inherited, I believe the oldest pending 3 was over ten years old which would make it just prior to 4 1972. 5 Q. Okay. And the insurance litigation and the 6 Court of Claims litigation was litigation that was either 7 ongoing or had concluded prior to the time that you 8 became involved with either Manville or the trust? 9 A. The insurance litigation was definitely over 10 because we had the money, the insurance company money. 11 The Court of Claims litigation was ongoing. I don't mean 12 to say that trials were underway, but discovery was 13 ongoing. 14 Q. And, when Mr. Kraus asked you in 1988 when the 15 trust received the documents from JM, he asked you 16 whether or not they were received from the facilities, 17 agents, or employees of JM. Prior to JM turning them 18 over to the trust, you have no personal knowledge of 19 where JM may have gotten them including how much of them 20 may have come from the litigation through discovery from 21 plaintiffs or otherwise? 22 A. That's correct. ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO 58 1 MR. CRUMP: Thank you, sir. 2 MR. KRAUS: That'S it. 3 (Thereupon, at 12:00 p.m., the taking of the 4 instant deposition ceased.) 5 6 7 Signature of the Witness 8 9 SUBSCRIBED AND SWORN to before me this day of 10 19 . 11 12 13 NOTARY PUBLIC 14 My Commission Expires 15 16 17 18 19 20 21 22 ALDERSON REPORTING COMPANY, INC. 1111 FOURTEENTH STREET, N.W. SUITE 400 WASHINGTON, D.C. 20005 (202)289-2260 (800) FOR DEPO CERTIFICATE OF REPORTER UNTIED STATES OF AMERICA ) ss.: DISTRICT OF COLUMBIA ) I, JAN A. WILLIAMS, the officer before whom the foregoing deposition was taken, do hereby certify that the witness whose testimony appears in the foregoing deposition was duly sworn by me; that the testimony of said witness was taken by me to the best of my ability and thereafter reduced to typewriting under my direction; that I am neither counsel for, related to, nor employed by any of the parties to the action in which this deposition was taken, and further that I am not a relative or employee of any attorney or counsel employed by the parties thereto, nor financially or otherwise interested in the outcome of the action. My commission expires: Notary Public in andfor the District of Columbia IN THE CIRCUIT COURT OF MOBILE COUNTY. ALABAMA IN RE: ALL ASBESTOS-RELATED * PERSONAL INJURY OR DEATH CASES * FILED OR TO BE FILED IN * MOBILE COUNTY, ALABAMA * AMENDED NOTICE OF TAKING ORAL DEPOSITION TO: ALL COUNSEL OF RECORD in the above-styled and numbered cause of action. PLEASE TAKE NOTICE that pursuant to the Alabama Rules of Civil Procedure, the deposition of David Austern, custodian of the records of the Manville Trust, will be taken stenographically on Monday, May 4, 1992, commencing at 10:30 A.M., and continuing until concluded, at the Manville Trust, 1825 Eye Street, N.W., Suite 300, Washington, D.C., before a certified court reporter from Alderson Reporting, 1111 14th Street, 4th Floor, Washington, D.C. 20005, telephone number 1-800-FOR-DEPO. All counsel of record are invited to attend and cross-examine. MOT ICE OF TAKING ORAL DEPOSITION - Page 1 SAUSTERN(H0BlLE5)cls (04/29/92) PLAINTIFFS EXHIBIT 3/4/fZ' QgJ Respectfully submitted. BARON & BUDD A PROFESSIONAL CORPORATION The Centrum 3102 Oak Lawn Avenue Suite 1100 Dallas, Texas 75219 (214)521-3605 FAX: (214) 520-1181 (A) to By: RUSSELL W. BUDD State Bar No. 03312400 CERTIFICATE OF SERVICE I hereby certify that an exact copy of the foregoing Notice of Taking Oral Deposition has been delivered to all counsel of record herein for the Defendants via telecopy and U.S. Mail on this the day of l 1992. IZlAJ RUSSELL W. 'BUDD " ^ NOTICE OF TAKING ORAL DEPOSITION - Page 2 SAUSTERN(H0BILE5)cls (04/29/92) MEMORY TRANS REPORT :BARON BUDD ( APR 29 '92 10:49AM ) ************************************** ************************************** THIS FILE HAS BEEN CLEARED. FILE TYPE SEND IMMEDIATE DEPT. PAGES RESULTS CODE 6/6 6/6 6/6 6/6 6/6 6/6 6/6 6/6 6/6 6/6 6/6 6/6 OK OK OK OK OK OK OK OK OK OK OK OK GROUP REMOTE TERMINAL IDENTIFICATION 5 SPEED DIAL 61 5 SPEED DIAL 62 5 SPEED DIAL 63 5 SPEED DIAL 64 5 SPEED DIAL 65 5 SPEED DIAL 66 5 SPEED DIAL 67 5 SPEED DIAL 68 5 SPEED DIAL 70 5 JaPEED DIAL 71 5 SPEED DIAL 72 5 SPEED DIAL 73 ************************************* ************************************* FILE FILE TYPE NO. 70 SEND IMMEDIATE NEW FILE REPORT :BARON BUDD ( APR 29 '92 10:00AM ) DEPT. PAGES CODE 6 GROUP REMOTE TERMINAL IDENTIFICATION 5 SPEED DIAL 61 5 SPEED DIAL 62 5 SPEED DIAL 63 5 SPEED DIAL 64 5 SPEED DIAL 65 5 SPEED DIAL 66 5 SPEED DIAL 67 5 SPEED DIAL 68 5 SPEED DIAL 70 5 SPEED DIAL 71 5 SPEED DIAL 72 5 SPEED DIAL 73 REMAINING CALL CAPACITY 288 fREOER'C* M BARON RuSSEll w buoo BRENT m ROSEN'*-Ab JANE N SAGlNAwV BRIAN O WEINS'E'N Sarahj Clark LISA A BluE R" D MARY E SKELNIK STEVEN O wQlEnS Baron & Budd a professional corporation ATTORNEYS AND COUNSELORS the Centrum 3102 OAK LAWN AVENUE Suite moo Dallas. Texas 75219 (214) 521-3605 TELECOPIER (214) 520-1)61 ' 01A N E M ANDREW WENDY SmiT- jOna^man David PETER a kpauS JENNIFER B Calhoun JANICE E ROB'NSCN SCOTT M mENC.EB ERIC O BEa_ C ANOREW WATERS * liCENSEO ONlv in anO ** l'CENSC Only in va GROUP #5 SP.# 61 62 63 64 65 66 67 68 61 70 11 72 21 ' ' _____L TO W. MICHAEL ATCHISON(01) R. STAN MORRIS (ROCK WOOL) RICHARD VOLLMER (GARLOCK) E.B. MCDONOUGH (A.W. CHESTERTON) MICHAEL B. KINNARD (01/KEENE) JAMES W. TARLTON, III (FLINTKOTE) JAMES A. PHILIPS (JOHN-CRANE) MARK L. REDDITT (PC/FIB) STEVEN M. HEATH (PC/FIB) NORWOOD S. WILNER (CCR) JON A. GREEN (OCF) MARY BETH MANTIPLY (AC&S) DAVID BARFIELD (AC&S) FAX NUMBER (205) 868-6098 (205) 328-0013 (205) 479-7700 (205) 432-3300 (615) 525-8569 (205) 432-4276 (205) 344-7160 (205) 432-3736 (404 ) 353-0673 (904) 358-6889 (205) 471-0810 (205) 433-3559 (601) 353-6235 PHONE NUMBER (205) 868-6000 (205) 328-2366 (205) 476-5900 (205) 432-3296 (615) 549-7000 (205) 432-7517 (205) 344-2814 (205) 432-3700 (404 ) 354-4000 (904) 354-8310 (205) 476-3000 (205) 433-3544 ( 601) 352-7500' NOTICE OF CONFIDENTIALITY The information contained in and transmitted with this facsimile is either subject to the Attorney-Client privilege; Attorney work product; or confidential and is intended only for t individual or entity designated above. You are hereby notified that any dissemination, distribution, copying, or use of or reliance upon the information contained in and transmitt with this facsimile by or to anyone other than the recipient designated above by the sender unauthorized and strictly prohibited. If you have received this facsimile in error, please notify Baron & Budd bv telephone at (214) 521-3605 immediately. Any facsimile erroneously transmitted to you should be immediately returned to the sender by U.S. Mail, or if authorisation is granted by the sender, destroyed. URGENT.' PLEASE DELIVER IMMEDIATELY c: \fax\alastate PAGES SENT WASHINGTON, D.C. SS: AFFIDAVIT David T. Austern, being duly sworn, deposes and says: 1. I am General Counsel of the Manville Personal Injury Settlement Trust (the "Trust"), with offices at 1825 Eye Street, N.W., Washington, D.C. 20006. I am admitted to practice before the courts in Washington, D.C., New York, Indiana, and before numerous federal courts, including the United States Supreme Court. 2. The documents attached to this affidavit and listed below were delivered to the Trust for custodial purposes by the Manville Corporation during May, 1988. To the best of my knowledge, the documents had been maintained until May, 1988 by the Manville Corporation in the ordinary course of its business. Based on the locations from which the documents were delivered to the Trust and the communications I received from officers of the Manville Corporation concerning the documents, I believe the documents are authentic. 3. Since May, 1988 the Trust has been the custodian of these documents and has maintained the documents in the ordinary course of its business as a settlement trust. 4. The dates of these documents reflect that they are more than twenty years old. 5. Many of the attached documents and similar documents maintained by the Trust as described above have been admitted into evidence in asbestos personal injury trials throughout the United States since at least 1984. 6. The attached documents referenced herein are: JM1 Notice of Directors Meeting served April 15, 1933. JM3 Letter dated October 1, 1935, to Vandiver Brown from Sumner Simpson with attachment: Letter to Sumner Simpson from A.S. Rossiter dated September 25, 1935. JM4 JM6 JM11 Letter dated October 3, 1935, to S'. Simpson from V. Brown. Memorandum of Agreement dated November 20, 1936. Letter dated February 27, 1937, to S. Simpson from V. Brown. JM12 JM16 Letter dated May 11, 1937, to S. Simpson from V. Brown with attachment: First Progress Report on Asbestosis Experiments at the Saranac Laboratory dated May 5, 1937. Letter dated May 3, 1939, to S. Simpson from V. Brown. JM19 Letter dated May 4, 1939, to V. Brown from President (S. Simpson). JM29 Letter dated February 24, 1943, to V. Brown from L.U. Gardner with attachment: "Outline of Proposed Monograph on Asbestosis." JM30 Letter dated June 18, 1943, to S. Simpson from A.S. Rossiter with attachment: Letter dated June 14, 1943, to J. Morgan, Dept, of Labor & Industries, State of Washington, from E. DeForest, Northwest Magnesia Association. JM31 Letter dated June 22, 1943, to V. Brown from S. Simpson. -2- JM32 JM86 JM89 JM102 JM118 JM121 JM132 JM134 JM141 JM146 JM152 JM159 JM178 JM179 JM181 JM182 JM201 JM207 JM210 Letter dated June 24, 1943, to S. Simpson from V. Brown. April 8, 1946, letter from L. Gardner to J.P. Woodward. April 18, 1946, letter from Gatke to V. Brown. August 15, 1946, letter from L. Gardner to V. Brown. December 2, 1946, letter from V. Brown to Bowditch. Minutes of meeting held January 21, 1947. July 29, 1947 letter from V. Brown to Woodward. Summary of findings. Letter dated December 29, 1947, to E. Day from R. Bertogliat. February 25, 1948, letter from Woodard to Vorwald. April 19, 1948, letter from V. Brown to Rohrbach. April 30, 1948, letter from V. Brown to E. Muehleck. September 14, 1948, letter from Thomas Gatke to V. Brown. October 12, 1948, letter from Thomas M. Durkan to J.P. Woodard. October 22, 1948, Asbestos Experiments report from V. Brown to E. Muehleck and J.F.D. Rohrbach. October 27, 1948, Saranac Laboratory Asbestos Dust Experiments report from V. Brown to American BrakeBlok, Gatke Corporation, Keasbey & Mattison Co., Raybestos-Manhattan, Inc., The Russell Mfg. Co., Thermoid Co., Union Asbestos & Rubber Co., and United State Gypsum. November 12, 1948 letter from Vandiver Brown to W.T. Kelly, Jr. December 14, 1948, letter from Dr. A.J. Lanza to Arthur Vorwald. March 3, 1948, letter from V. Brown to American BrakeBlok, Gatke Corporation, Keasby & Mattison Co., Raybestos-Manhattan, Inc., The Russell Mfg. Co., Thermoid Co., Union Asbestos & Rubber Co. and United States Gympsum Co. -3- JM226 JM2 60 JM2 61 JM2 68 JM2 70 JM277 JM2 80 JM282 JM283 JM292 JM294 JM2 9 7 JM298 June 14, 1949, letter from Thomas Gatke to V. Brown. March 21, 1951, letter from V. Brown to American BrakeBlok, Gatke Corp., Keasbey & Mattison Co., Raybestos-Manhattan, Inc., The Russell Mfg. Co., Thermoid Co., Union Asbestos & Rubber Co., and U.S. Gypsum Co. March 21, 1951, letter from V. Brown to Ivan Sabourin. Confidential report to the Johns-Manvilie Corp. by the Saranac Laboratory entitled "Asbestosis". January 31, 1949. Letter dated May 13, 1954, to H. Jackson from B.W. Luttenberger. Johns-Manvi lie Internal Correspondence da/ted May 7, 1976, to Labeling Review Committee from E.M. Fenner with Attachment: edited warning label. Letter dated January 22, 1935, to M.F. Judd from V. Brown with attachment: Memorandum regarding Mellon Institute of Industrial Research Symposium on Dust Problems-Pittsburgh-January 15, 1935. Letter dated December 4, 1936, to C.J. Stover from V. Brown. Letter dated December 8, 1936, to Members of the Asbestos Industry from C.J. Stover with attachment: Application for Membership of the Air Hygiene Foundation of American, Inc. Picture of the Industrial Hygiene Foundation Trustees' meeting held in the Board Room of the Johns-Manvilie Corp., in New York in May, 1945. Health in Industry, Transactions Bulletin No. 8, 11th Annual Meeting of Industrial Hygiene Foundation of America, Inc., November 7, 1946. Industrial Hygiene Foundation of America, Inc. Memorandum on Plant of Johns-Manvilie Corp. dated July 11. 1947. SuDDlementina the General Report, "Preliminary Dust Investigation for Asbestos Textile Institute" of June, 1947. Letter dated February 25, 1948, to Arthur Vorwald from J.P. Woodard. -4- JM301 JM306 JM310 JM313 JM319 JM320 JM321 JM322 JM323 JM381 JM386 IHF Memorandum on Proposed Epidemiological Study of Lung Cancer in Asbestos Workers for the Quebec Asbestos Mining Association dated March 16, 1956. Letter dated December 6, 1956, to Hugh Jackson from Daniel Braun. Letter dated August 23, 1957, to Hugh Jackson from Daniel Braun with attachment: References of articles showing an association between lung cancer and asbestosis. Letter dated December 30, 1957, to Ivan Sabourin from Dr. K. Smith. Letter dated December 15, 1934, to V. Brown from G. Hobart. Letter dated December 18, 1934, to M.F. Judd from V. Brown. Report by the Industrial Health Service Policyholders Service Bureau of the Metropolitan Life Insurance Co., New York, entitled "Effects of the Inhalation of Asbestos Dust Upon the Lungs of Asbestos Workers." Letter dated December 21, 1934, to A.J. Lanza from V. Brown. Letter dated December 24, 1934, to M.F. Judd from V. Brown. Nima Committees, 1963-1964. June 16. 1966 - Minutes of the Health and Safety Committee Meeting of the National Insulation Manufacturers Association. -5- JM416 Confidential Memo dated June 12, 1961 to A.w. Spedding from Leon B. Horowitz. David T. Austern Subscribe^ and sworn to before me this /*&* dav of February-, 1991. My commission expires: jjy Commission Expires May 14.1994 -6- \1 Bridgeport, Conn. Oct. 1, 1935 Ur. Vandiver Brown, Attorney, f Johns-Manville Corp., 22 East 40th St., New York City. My dear Mr. Brown: Enclosed is copy of a letter re ceived from Mis:: Hossiter, of "Asbestos." As I see it personally, v.o would be just as well off to say nothing about it until our survey is complete. I think the lens mid about asbestos, the tetter off we are, but at the same tine, wc cannot lose track of the fact that there have been a number of articles on ai-bestos oust con trol and asbestosis in the British trade magazines. The magazine "Asbestos" is in business to publish articles affecting the trade and they have been very decent about not re-printing the English articles. I shall be pleased to have your opiniotf in the matter. Very truly yours, SS-G. Enc. President 2 PLAINTIFFS EXHIBIT 3 6pU? R -L| I c VI* Published bif j M :i =1 ^ : i i/it *Tx` 16th Floor, Inquirer Bldg. PHILADELPHIA, PA., U. S. A. September 25, 1935. \ l.!r. Sumner Simpson, President, r>ybestos-'*anhattan, Inc., Bridgeport, Conn. Buar Sir: You may recall that we have written you on several occasions concerning th-- pu'olis hing of information, or dis- cussion of, asbestos is and the vjork which has been, and is being done, to eliminate or at least reduce it. Always you have re;.U':sted that for certain obvious reasons we publish nothing, and, naturally your wishes have been respected. Possibly by this time, however, the reasons i'or your objection to publicity on this subject have be^n eliminated, and if so, we would like very much to review the whole natter in "ASBESTOS". Our thought is that we could either prepare from data which we have in our files, or obtain from Hr. a. Godfrey of the Cape Asbestos Company, London, who Is much interested in the subject, an article on th-.r work done in England and th--n-. follow it with an article written by someone in your^ organization, as to -the work dons hero. * `J ) <*! Y/o understand from Mr. Stover that" your T'orth Charleston plant, contains very complete dust control ocuipm-nt and a d.:6cri ticn of such equipment, if you approve, would make a vo.-y interns ing part of th-* article. Possibly evrrti you could supply a photogr jv" or two showing some part of this dust control .e uipm.rnt. . . Via await with much interest your reply. If tr.ore is no serious objection it would so-?m to bo a most interns tint su-jnet for th.s pag:-.s of "ASBZ.VTOS", and possibly a^iiscurciun oi' it in " A.G3..STCS" along th- right lines, would serve to c.,rrjtt s of the rathur undesirable publicity given to it in current r.ewsp'.pers. very trulv. yom-fy /O . /. T 0 A i 7 l( ' 1- ./ /.. \ / i t: Jokns-Manville Twenty-Two East Fortieth Stree' New Vork.N.Y. m1 PLAINTIFF'S EXHIBIT M October 3, 1935 ?<!r. S. Simpson, President, Eaybestos-Lanhattan, Inc., Bridgeport, Conn. / My dear Hr. Simpson: I wish to acknowledge receipt of yours of October 1st enclosing copy of the September 25th letter fr on the edi tor of the magazine ,JAS3EST0S". I quite agree with VQiU - - -- t our interests are best served by having asbestos! s receive the minimum of publicity. Even if we should event ual- lv dec! de to raise no objection to the publication of an as*nrotiucilue on asbestosis in warn the editors the magazine in question, to use American data on the I thirl: subjec uo 773 rather than English. Er. Lanza has frequently remarked, t c ze persona lly and in some of his papers, that the clinical pi ^ e ~ esentea in North American localities where there is an asbesto s dust hazard is considerably milder than that repo in Engl and and South Africa. I believe the question raised by liiss Eossiter might well be considered at the committee meeting scheduled for next Tuesday, at which I understand both you and Mr. Judd V7ill be present. c, b // r J . /> A- J, yj/fri-"'' y.. : . /.j/ .*r < ' ' Very truly yours, 'CZUjLli'SZSi Vandiver Brown Attorney 3 PLAINTIFF'S EXHJBIT WfV JZV 1 MEVQRAhTUM C? ACP.7.7UT.X7 November cl, l?3o TIE UNCERSIGNED hereby agree to underwrite certain experiments with asbestos dust to be conducted by Zr. Ler.cy U. Gardner at the Saranac Laboratory, Saranac Laice, :;ew 1'crk. The getieral nature of these experiments and the cost thereof were explained at the meeting of certain brake lining manufacturers held in New York City on November 19, 1936. The purpose of this memorandum is to confirm the agreement between the Undersigned to underwrite the cost of these experiments amounting to C5,000 per year for a period of three (3) years, or a total of Cl5000. The Undersigned agree to share equally the costs of said experiments. For example, if ten parties sign this Agreement, the annual contribution of each will be C5C0. It may be more or less, depending on whether the number of those siting is more or loss than ten. It is understood that payments to Dr. Gardner will, for the sake of convenience, be made directly by Johns-ltanville Corporation or by Raybestos-l'anhatton, Incorporated, and that the others of the Undersigned will reimburse Johns-ilanville Obc J G - i **-- j''-rate: rata share of such payments as :zade. America/ sp./j-z hi:/: cc?.?-v lLiJ=L'4d to' 42LC.Z2 per ar.r.u=) By //w /- / O' ^yy yy/y vice rres / /P By. UNION ASEESTpS & RUBBER COMPANY ( Lirited to ; <-50.00 Fr onr.ur. } By T'*' /^vX " * --* 0 Socrcrarryy--'.r-'..'u ;uuircr UNITED STATES'GYPSUM COMPANY (Llsl.d tn teW.W-''r ___ By__ CA^Jk /(AM/ V Sortry-Ir*fcJurr By. By. -2 * to i; By. f T-V ^ ..... {/ iiJLi..11.-i ASio.5 fy A> y <2gAI. 'Bu 'H.0JS xecl'tive Orrrcss Johns -Maxville Corporation r^'KNTY-Tv'O tAST 1'OHTI UT1 STHLCT NEW YOHK. N Y. Febru Mr. Sumner Simpson, Raybsstos-Manhattan, Inc., Bridgeport, Conn. Re: Asbestos Bust Experiments - Dr. L. U. Gardner ___ )ear --r. Simoson: Tr.e United Stares Gypsum Company signed the Memo randum of Agreement relating to the underwriting of Cr. Gardner ! c experiments with asbestos dust, limiting its participation to the sun of {:250 per annum, or a total of f?50 for the three-ye = ; tern of the experiments. I believe that -re have now fully canvassed the industry. The co-operation of the following companies has been obtained on a basis v.hereby their respective contributions are limited to *250 per annum: Cl) American Brahe Bloch Corporation 2) Gatlce Corporation (3) Union Asbestos 1 Rubber Company (4) United States Gypsum Company. The participation of the above named companies will a year, leaving the sum of C4>0C0 per year to be pro-rated cetw the following companies who have not limited their partioipati: in the enterprise: Asbestos Manufacturing Company - Jaims-Uanvills Cor".oration 3) I'easbey 1 Mattisor. (4) P.aybestos-h'anhattan, Incorporated (>1f<) hussell hr.r.ufctv.ring Tharmoid Company The six companies last above named v.ill, ti cai.e; upon to ecntribute the sun of C666.67 per year 'r S--''-22.r OtriCu . \* PLAINTIFFS EXHIBIT r -\ -> J I h w X. / -- >X"1.-- I as enclosing herewith. your records, a phot; H - O ini * i) ib O H O> r t O') >ci t y . n ft- f fb in t )^ ceowsen Zr. Gardner and tne group. Copies of this letter, together with copies c: nclosed photostats, are being sent * v w G w *1 w -- W U . . w __ ants. ^ ^-- ar ^ w ^ ^ A*. JV- ic Last Zeceifoer Johns -lianville Corporation sent Zr. ecu for *1250, cons titutir.g advance payment for ths ir St cu arts of 1937 on account of his annual retainer. Your on ria e of and _i o_^ thpeayrsmeonft the group under the will be billed shortly for your terns of the Lemorandum. Johns o n tH 1 ' ration is willing t :tinue maxing these es O I :c._ _ ner a the commaneemen of each succcc-eeeeddiing callendar u: ter dur ir.g 1937, 'unless you or o'" a - .led - < fer O ri 4-7 v I believe, 10 e **; int ---------- , atter of payment, 7- r\ v t ^ 5 . j - w -- o uy ooinion, in wh ____ . s - - -at::. - c satisip.c irs prefer the: matte: er, that Zr. Gardne. .eal tvw4 ^iVthi nonnae --ma emobe* r ' believe you ccr.cur procedure. -- ^*"*%-*** 7--^---C. ^ w. -vv. ^ U. Jl* 1 5e P" *4 co ^ 4 -'ap cj l r J tn ID -a: is of asbestos fibre which he cons id atisfactory for his purposes, although it has teen found nece or Liu to subject it* to* a "ball milling" process in order to uce it to the desired degree of fineness. He estimates that quantity will be sufficient for the first year's experiments a we will be very glad, at our expense, to provide him with similar quantities for the other two years. I have also sent Lr. Gardner a photostatic copy of >16 ^ : norandun of Agreement sc that he is fully advised as to the ider.ti f those companies whose support he is receiving, r- u w ~~ sane ime I advised Dr. Gardner that those concerns which had 7 -S -- ? * . d their contributions were to participate just as fully ii le benefits resulting from his experiments as.were the ethers. enclosures <erjr Y'l r C/Cvw_^^ ^ A Vandiver Brown General -^erney c-^ 1/ V / 0 J xrccTivt Crricis -Johns -Manville Corporation twenty-two f.am kohtieth stwlet NEW YOKE. N Y 'ay -*J 37 TTmmT )I EXHIBIT i ^OTW*^ Raybestos-ilanhattan, Inc., Bridgeport, Conn. Attention: Hr. 5. Siroson, Pres. / Dear Hr. Sinpson: I aic enclosing herewith copy of Dr. Gardner's first progress report dated Hay 5, 1937 on the asbestosis enperinents being conducted by hia at the Saranac Laboratory. Li* -H. - Very truly yours, C-l,' VN Vandiver Brov.n General Attorney Enclosure First Progress Report on Asbestosis Experiment: at the Saranac Laboratory. May 5, 193" To furnish a bette '-ir^csr*sndin" of1 iis6--ss^ asbestosis, and to provide standards as a basis for its d: by x-ray films, a group of animal experiments has nov: beer started. It is expected that anatomical changes will be produced in the lungs of animals inhaling fibrous asbestos which will cast shadows on an x-ray film comparable to these seen in' human beings. Since the animals can be killed as seems advisable it will be possible to compare the anatomical changes in their lungs crith the shadows seen in the films. To make certain whether the fibrosis in the lung is due to the chemical composition of asbestos or whether it is the result of a mild irritation in the walls of the air spaces result ing from the action of a fibrous foreign body ^i.e. its physical structure) injection experiments are in progress. If no fibrosis results from accumulations of asbestos in other organs it may probably be assumed that chemical stimulation of the tissues' is not responsible for the pulmonary fibrosis. As a further check or. the physical vs. the chemical hypothesis, the action of ground serpentine is being compared th"t of chrysotile. Since they both have the same chemical composition the comparison should be instructive whatever the result. rith. To check the effect of mere fibrous structure, a search for other fibrous minerals was made. None other than those classified as asbestos could ce discovered which had the same structural i the action of 5.a sample of satin star (fibrous) and also one of soda tremmoolliittee for comparative testing. being compared with that cf chrysotile. 1 the asbestos hyllite are all cv-a-n* -0^* s r.ave oeen started. act that the r. of chrysotile i- -- tr , N. Z. is being employed. As it was received, the dust v/as noet ssuuffffiicciieern.tt:ly fine for experiments of this type and we were forcceedd tto regrind it \r ^ * "(* 0- A i'l a '"22.2. si2.2. Considerable tise was spent in exper 2 proper type of sill for the purpose. This difficul cose ar.i inhalation was begun on March 22. 9IVt -- *.vas In the dusting room we placed 33 guinea pigs, 20 ra1uS , 8 rabbits ar.i 3 cats. More of the latter will be procured 3.5 the^/ becose available. A dust concentration of approximat elv 175 million particles per cubic foot of air is now being s This say later be changed. Over 90^ of the particles are ies than 5 microns in" diameter. Since significant results can:.^.JAU^ expected to develop until exposures have been continued fc: 1 to 2 years there* can be little to report before the expi: of that time. The various injection experiments are further advanced although it is too early to report any results. For this purpose all dusts have been analysed chemically and petrographically. They were then ground and fractionated by allutriation. Only particles 1 to 3 microns in diameter were used. Their ccmpositio was again checked by the same methods of analysis. The various tests are tabulated for your information. Chrysotile ^Thetford) a. Intravenous Injections. Have proved difficult. 7 rabbits have died, apparently from mechanical effects, without receiving significant quantities of the dust. Further attempts are in progress. b. Intraperitoneal Injections - 5 guinea pigs, March 31,1 One killed after one month. No gross fibrosis. Asohlbole a. Intravenous Injection. 4 rabbits still in progress. Have each received 11 doses totalling 0.55 grass. No fatalities. b. Intraperitoneal Injection. 5 guinea pigs. Feb. 5,1937 2 killed after 12 and 30 days respectively. Dust plaques without gross fibrcrsis. a. Intravenous Injection. 4 ibbits still in progress. Have each received II doses totalling 0.55 grams. No fatalities. b. Intraperitoneal Injection. 5 guinea pigs on Feb.5,193'7 2 died of infection. 1 killed after 1 month. no fibrosis.' Most of the dust absorbed; J.'U; Intravenous Injectio 4 raedits have each received full dose of cr.e gra in 20 injections. None .-cilled. b. Intraperitoneal Injection. 7 guinea pigs. 2 died of infection. 1 hilled after 1 nonth. Pigmented dust plaques without fibrosis. Anthonhv1lite a. Intravenous injection. 4 rabbits have each received full dose of 1 gran in 20 injections. 2 hilled after 3 1/2 to 6 nonths respective!}'. No evidence of fibrosis in the lungsi spleen, liver or bone narrow. b. Intraperitoneal Injection. 5 guinea pigs. 3 hilled after 1, 4 and 8 nonths respectively. Disappearing reaction with gross evidence of fibrosis. ns a. Intravenous Injection. 4 rabbits have each received full dose of 1 gran in 20 injections. All alive and well. b. Intraperitoneal Injection. 5 guinea pigs. 2 hilled after 1 and 4 months respectively Soft pigmented dust plaques without fibrosis. Plbrous 2-?'"?sun - Satin Soar a. Intravenous Injection. 4 rabbits have each received 11 of 20 injections, or a total of 0.55 grams. No fatalities. b. Intraperitoneal Injections - not made.* 1 a. Intravenous Injection. 4 rabbits have each received total dose of 1 gram in 20 injections. All alive and -.veil. 3. Intraperitoneal Injection. 5 guinea pigs. 1 hilled after 1 month. Small pigmented dust plaques without fibrosis. rp uU --n im .H<1> iH l 1 J'one of th.ese earl;* results is regarded as sig: - `M ccnclusi ons will be drawn until the observations r.B.v $ noirued for at least one year. It is not yet cl ficulties vi.oh intravenous injection of chryscti a matter of technicue or whether this substance .allv toxic. V.'e are attempting to discover the c r ^ r--o V. 'J *r I u r xccrr~ jrrzczs Johns-Manville Corporation TVE.VTY T^O E^ST FOHTIETn STREET NEW VO HE. N. V y -- *\ (D U i Sumer Si-psar., ?r esii er.t, > e 1J ft ^ V*> pjr-. Cor. s a: > i Gear Mr. Simpson: won! er if y ve seen the Irjo re;; La'corato ry. .*0 to j i. w* o u Ir. Gartner note tue references r. Pace 3 of wl.c !,?.eoort of one j-irec Ir.oluaeo 5 . j :_es t he oei cry eo __ of Mi wi.i note *-=--*-- , -. > - asosst-oo a.nere is also a reprint of ar. a rer er. Title! "Zticlorv of Pr.eunoconios ore ..ovenoer, i^po issue Meiioal Association. In tnis article irette.; to a ref^-e^cs ^.s ce s t o s i s o ticu-any a* too o: .D--: f-oa~ 1-- * me or ove r* a ;:a t o: OS j ..r.te v. o 0 or. o; t..s- :o.*o i o :.ose .; o wno ue ter.tine v.netuer, to v.r.s and in v.nat r.ar.ner tr.ey shall be :;ace on: In the event it is oee.uec, desirable t:.at results be ::.aoe public, tr.e nanus cript o: study vill be subr.ittel to us lor ova. prior to publication.'' ihe proposal contained in this letter v.ao a: -j -'L Gardner in a letter of .'Joveuber -3ru, fro::, -.v.-.i. cuote the following paragraph: ''The Saranac laboratory agrees that tr.e results of tr.es e stuaies snail be core t..e property of the contributors and tnat tr.e manuscripts of any reports snail be s ub.ui ttec for acorbval of the contributors tion. " Sincerely, Vandiver Erovm, General Attorney. i (') . u1 ! ., PLAINTIFF'S 1 * exhibit The Sajunac bkso*ATT" FOft THE STUDY Of TUIEACULOSIS Of THI WffWAtO L. TlUOtAU FOUNDATION SaAAMAC LaU. N.Y. February 24. 1943 iZh^ V.. Hr. Vandiver Brown Johns-Kanville Corporation 22 East 40th Street Hew York, Hew York Dear Hr. Brown: , Z have at laat succeeded in analyzing cost of cur viaS&inoua experimental data and assessing the resulta^ I resile tF^T'thia should have been ooapleted before thie, but the ecerger.: ha a left oe ahort-handed in the Laboratory and alao necessitated : doing a good deal of extra traveling. Z hope that the sponsors c: our study of asbeatoaia will be oharitable and realize that the v: haa far exceeded its original scope. Ve have done over 40 different experlcer.ts, cany c: then divided into several parts, which involved exposure cf arinal for 1 to 3 years to various dusts. The business of preparing :::: scoplc sections and oheoically analyzing the tleeues or. cere t.-.ar, 600 enloala has been a Job in itself. My tine for studying eectlc and analyzing data has been so United that ve are behind cur ec.ule. T have still not had tine to writs a full report cf this vcr which will of necessity be monographic. However, for the benefit the contributors, Z an subaittlng s table of contents and an an notated outline to indicate conclusions and the line of argument C will be developed. The latter itself occupies IS papee, but Z he they will find it sufficiently interesting to reed. I shall vcr* the final nanuacrlpt aa Z have opportunity. There are a few experlnenta etlll In progress which sheuld be cocpleted by the ties we era ready for then, ^he wort c. aethoda.of dust deterninatlon, Z oonalder lnportant enough to In clude in the study. The question of cancer susceptibility now see: ncre significant than Z had previously imagined. Z believe Z can obtain aupport for repeating it froo the cancer research group. Ai it will taXa two or three years to oosplete such a study,' X belle it would better be omitted from the present report. Xf It ehculd become possible to oaXe this study, I hope that X aey count on sect of your members to supply me with enough pure, long fibre asbestos for the purpose. PLAINTIFFS EXHIBIT Hr. Vandiver Brown -2- february 24. Naturally* I hall waloona any orltlclen that you .nr Of th other oon.rlhu.or. Joul^o-T. S;?lS:*nlr c <*> r rr?S.*?Mi"JporwalW. >"* *U ,'Mn,r" ,r-c" the eupport that w# hare had. fllnoerely youra, LUO:S3H Leroy U. Gardner, M. D. Director outline or proposes hcsoorapk on asbzstc:za itrmo.; Laboratory Srudy und 2c|fli X2 *^UM Association HUMAN A3BE3TC3IS Z Human Pathology - a etudy of 2S autopay oaaas, Illustrated 2 X-rt7 Pattern* in Aebestosls, ZUuatratad 3 Ash and Xlneral Valuta in Hunan Aebestosls 4 Cooplieations of Asbestosla (a) Susceptibility to infection i Tuberouloua 11 Non-Tubsrculou* ill Canear of tna lung 3 Disability, eauaaa and cooparlaon with alllcoala 6 Diagnosis . (a) Hiatory of adequate exposure Co.) X-ray flla pattern (o) Physical examination (d) Aabeatoaia bodies in sputum, their significance (2) PA?. :: Ejugzvsmvi 1 Methoda (a) Inhalation expo aura to plant duota. (b) Injaotion into lunge through tracr.ea of pur* cmeral (c) Injaotion of pura olnerala into otnar organa. Z 6peclee Suaceptibility Man, guinea pige, raboita, oata, white x::s and ra: doga. 3 Peculiar Ch*raoteriatioe of Aabeetoala (a) Unuaual loealitaion of ehryeotile fibre in lunga. (b) Rata of raaultant tiaaua reaction sore rapid than to ouarti. (c) Reaction to ehryeotile not progreaaive after expoeure ceaaaa; again the revere* of tna aituation in allies* Cd) Aabeetoala Bodiaa 1 Cospoaitlon and nethode of foreatlon. ( ii Oecurenea in different apeoiea. ill foroation doea not parallel developcent of fibre c It Gradual dlaappearance after expoaura ecaaea. 4 Cooperative Effeeta of Oiffarant Aabaatiforo olnerala. (a) Canadian Chryeotile. (i) Aritona Chryaotile, low iron. (c) Crooldollte 1 Bolivian apaoloan, atlff and alaatio. 11 South African, eoft and flexible. (d) Anthophylllte (e) Afioalta. (f) Traoolita. 9 Effeota of Control Kmarala (a) Orannular Serpentina, aaaa ehenloal oos-oaitlon aa chryeotile. (b) Olaaa Wool, a synthetic allloate fibre. (o) Bruoite, a flbroua aagnealua hydroxide alcoat free c allies 5 Chealeal Coapoaltlon of Aabaatiforo olnerala in Reiaticr. Irritation. (a) Mothing in coapoaltlon correlated with relative irr: capacity. (b) PreliBlnary acid treatneat 1 Sydroehlorie aoid' 11 Carbonic aold (3> 4 (e) Effeota of Xloair.ua 1 Phyaioal Propertiee in Halation to Irritation (a) Length of fibre (b) Effaot of Cruahing (o) Haat traataant 8 Mature and Significance of Xabaatoaia Body (a) Forsation (b) Protective effaot preventing further irritation (o) Ultlaate aolubility in tlaaua 9 Theorlee of Action of Aabeatlfora Mlnerale (a) Chaaieal - raaaona for eonaldtrinc invalid (b) Heohanlcal - experimental deaonatratlon of. 10 Cosplleatlona (a) Infection, tubareuloala and other varletlee (b) Cancer of lung - axpariaantal data euggeetive but r. proven 11 Diaability 12 Eeeentlal Taaturao of Haaardoua Expoaura (al Mature of duat - fibroua eoaponant and aite faeteri (b) Xtsoapharle Concentration - probably lower than f: quartt 1 Inadequacy of atandard iapingar eanpling sath: which doaa not collect the dangeroua fibrea il Claotroatatlo preeipitatat'eaapling preferable t w aethod auat be aodlflad (e)'Duration of Expoaura 13 Reeoanendatione for a Mew Standard of Safa Xtaoapharls eentratlona of Aabeatoa Duet (a) The Quaei-offlcial atandard of 4 to S Billion part per eu. ft. (b) Work upon batter method of eaapllng (c) Neceeaity for ooaparlaon of reaulta with X-ray fir. in aaployaee 14 Prevention (a) Chaaieal aeana not practical u> 1 Atrucniioili r.eoeataj-f to .......... .. *. n_ . , *! 11 Aluainus Tf.eropr inappliotblt 111 ^hlo^ Ptll&nco itlll upon ^ * tptoiol spral upon :a# ribram cc=poR#4a:; 1 Huasn Psthclory and X-ray Patterns - Dssoription Baaad upon 23 husan autopsies 2 Mlr.tral Tfttatl 12 &2AQ Ungi. 3 Ceasllostloo (a) Susceptibility to Xnfeotlon 1 Tuberculous- High lneidanoa in English axparlcnca to: duplicated la surveys of Aoeriean Plants. Available autopay statistics deceiving because of sel ection of aatsrlal. ll Non-Tuberouloue- The sass rsason probably applies should ba eheoked.by analysis of abssntsslsfl aaong asbastos workers. Ill Cancer of Lung * Ditto, but thsrs are now on record 10 cases of. lung cancer in asbestos werkers. Coopered to the total nusber of autopsies on aabestosis, this lnoidence la excessive. No such frequency has been discovered ir. silicosis ,^r other forss of pr.euseocr.lo- sle exoept,the Schneeberg nines of radio active ores, the evidence Is suggestive but not conclusive that aabestosis cay precipitate the devslopeent of eaneer lr. susceptible individuals. d Disability Clinical experience suggests that truly disabling aabestosis is nanifsated by lass striking X-ray changes than a corresponding degree of sllieosis. Such disability in aabestosis is due to disease within the lungs and not to secondary heart disease. As in sllieosis, associated puloonary Infection lncreaaea the sscur.t eV eeverity of the dust fibrosis with resultant accentuation of disability, there is urgent need for a careful phyalologlcal study of puloonary funetlon In aabestosis of varying severity. Undoubtedly, there are nany dlagnosabls easea with no aignificer.: disability. 5 2i4S2|il depends upon three factors. (s) History of adequate exposure, usually 6 to 6 years, eoce tines longer, at work where both the concentration and character of the "asbeetoa* dust are haaardous. ('=) Evidence of disease ' d .0 5 onaracceristdc X-.-;;- -zzztrr.. (Z) A pl-.y91 = r.l .zari.oatlcr. which reveals certain z-.irzz~.ir-.: s l-'.rs a.nd ray reveal evidences :ddsacil::..- if ere 5 (i)' Ascsstcels bodies la the aoutur. are ccr.f irra:: rp previous footers sre'all positive. Howe'er, :-e aay be abse.nt, particularly 1:. the acserse :f :r:. infect 1 :r.. Asbestoaibodies unsupported by other eviaer oe d: nr: a dlarr.csls. Coeasic.nal c.neo have beer, found m a::.: : autopsy spscireno of porecr.B with no hr.;---- enpocure and fibrosis, probably of. aon-ocoupatlor.al on;;!.'.'. ?a*: ra< *** a' Aebeatoala Methods (a) Inhalation E.toc*' lungs, no on< "a r.c>-. *<I -#-4 . (b) Inactions of flu Slsilar results. a- to) In`action cf 3us Fibres dissolved fined to phygosy asbestos ^rtes e: -crcare t: 3;e;1ea Susceptibility Unlike free eilira,. asbestos does not orcduae Its specif: In any organ of- any species of aniral.'* 'll oauaeo floras: a only the lungs of aan and these of-a few of-'the species tested. Scecies fibrosis ::ar. 4* lulr.es ?ir 2* Asbestos" 5odl ea *' Ssecies^'FlbrcelB n' t-. v u -p. 4* - -' Cat* - ' 1 * 3*' - * Whtta Mouee ' c "* Aaceeto * ."abblt * - - - `/hits Rat '0 ' * Z V * * * ** f:*; * /lTs ; : ^ 0 7* 1 *T *w*** w- * ^ 1 9oflf **,* + , 0 *' ' . i jl r IZ Peculiar Characteristic* of Aabsstoali . ;il'r'it-.< .. \ (a) Localisation of fibrous' sinerala* In lur.ga differs f: of granular dust particles.-; . ;v,. r..- -t a-- - * o`:'' \" 1 ribree Ilka ohryaotile haring a eertem degree of flexit*'--* and elaetlcity aorusulate within the finest air cut**; granu;a- duat la oarrlad further on and la widely soatterad through* :n` tersinal air apaoaa. (b) Rata of tlaaua raabtlon to aabaatoa la auoh aora rapid than to aa aotlva duet Ilka quarts. Evidences of feraatisr. appear aa aoon aa sufficient oeneantratlon of flbraa naa localized In apaolflo areaa; with quarts, there la a latent period cf aontfta. (e) Reaction to aabaatoa doaa not progress on oaaaation of exposure. Toung aoar tlaaua that aar have forsed, oontraota and bacoaet sort danae but tha area of Involvement dacraaaea inalsa. In alllooala, the .young nodulaa beeoaa largar after azpoaura oaaaaa. (d) Aabaatoela Bodies are a apaolflo eoneoaaltant of this fors of pnauaoeonioela. Thay are due to a deposit of protaln and iron upon the aurfaoe of Inhaled fibres, la guinea pica thay fern after about 60 daya of oontaot with the tlaaua. They are abund ant in can end guinea pigs, (See paragraph Z above) but such larger in the forcer probably beeauaa the largar sized air tubes adait larger fibres. In cats, rabbits and aloe, there is an atypleal coating of a few of the fibres after suoh longer resi dence in the lunge; in rata and doge no bodies could be dis covered. - Froa paragraph Z It la apparent that their occurence does not parallel deveiopsent florosls. In lung injection experlaer.t*, the bodies have J*nC developed snttk af*r fibrceie leusll advrnoed. The nusber of bodies eeaaa tu uccreese several years after exposure oeasee. t Caeoaratlva g* Different Aabaetaala Minerals s' (a) Canadian ^hrTaotlle - highly Irritating. . (b) Arizona Cnraaotlle (low In Iron) equally irritating and pro duces Just.-as many aabeatoala bodies aa ths Canadian product with over 11 tlaaa aa such iron. (e) Croeldollte - Tha South African blua asbestos la known to cause aabeatoala. Only a Halted supply of this aaterial in pure fora was available, ooat of It was used earlier m the verx ir. non-productive experlatnts. For tha latar critical lnjectien taata Into tha lungs, a Bolivian variety was substituted be cause of Its high purity. Xta flbraa wars auoh etraighter, etlffer and aora alaatle than tha cottony South African variety. Perhaps baeauaa of thaaa peculiarities. It has not given reactions coaparable to ehrysotlle. It produced aabeatoala bodies but did not localise In the tcralnal air tubes nor cause " any fibrosis. Teats now being repeated with a typical South African croeldollte with physical characteristica simulating ehrysotlle. Ar.tbcobvlllte straight fibres - a t y;1o o1 aabestooie bciiae foru9 alovly but no localisation or fiorosis in i_-.g: ' e) Ano3:: - Citto. (r) . _.u . w*'' , Titta. (?) -.--I.., Titto but very few asbestccis bodies being continued. at!:.-. (a! C-r rulr 3*r--.tlne of atae cbesisal composition za chryoc: is inert causing no fitrooie in lunga or otuer organs. Ct" attracts iron frea tbe lungs tut of course, no "bodies' djej -i im * n o Ct) SI a; VocKa synthetic silicate) fibres are r.ct iaialatlc fr air-oorna suapenaions, apparently becauae of their stiffne: (the diaaeter ia not responsible ae a ores uael were less the 1 sicron thici) Cn ir.Jeotian into tbs lungs, they do not localize in tbe air .tubes but are vilely aeettered. ~'z;y c no fibrooia. After 3 or 4 aentha in contact with lung flu: a few glass fibres taite up iron but reaain oaecth. T.-.-y r.s enow tr.e swollen enda and lateral projections of tbs true aabestosla belies. > (c) free of soilficiante(ore.9sJt5)b. ecaSurayeatiatllciegraa pfbibic:a* lU^ly3 a a n * ' * t.be arrangement its fiz ar.i CM groups in each unit cell ia aiailar tc t.-.at in cbryactile. Tbe aanple used also oentainsd about lev iron, bably froa aontasinating aegnetito. Tbe fibres are etiff an / needle liite. Cbaervaiona not yet ocspleted but after 2 sent, i o in t.be I urge, typical aabeetoeia bcliea develop but tr.ere ia IS yet no fitroaia. *ne fibre are scattered threugr. t.be lur.g 1: s:s: of being localised inaide tbe terminal air tubes ar.d tiesue reaction occurs arcur.i, instead of vitbir. :r.e tubes. Asiatic-. to Irrltati? \ a i ** c ..... tbe fallowing cbUe.-s bbscoeiticna can be cor related witb variations in capacity to prcvo.ce tissue recotlo: (See Table `<ext Pare) .v..... r \ z- AA a A a1-A A- At5> V. 4b A~ A -^^ C.ClC M 0 Maj. C 0.29 KiC C . ?3 -w! 4i:; 4.30 > \ - * 0 14.52 (b) 54.55* ,,*, ^ a 4.2?< *---A-^A^ a iai4 . Q? 0.5? C .02 m t. T- * w*., *' ;-a- -'nv *1 . ' *V . ;<*** 'y ..*. ---Am*~. >-B'Jlr *.(* s W. *?'*'. _. V'- ' i. * ... 'N` 'At'.ZTf Ss'fcal * rs aa^ A< 4.051 ` '2.0?i '?.oi/; :2 32.STT 0 /A . V. "* 0.2d< 1.051 1.201 A 4^* T.44S 2.011 1 *9 AO"< 4,45? 29.5*1 0.52 A * '?.?< 0.32 0.10 T3.201 0. '0 0.12 20,520 -a A^ 0.32 0.55 0.22 A *A A AA^ j a;r _ ./ * --< t <t^ ( _- 7- - J A A* i a a - <A ?* W**V 2.42 1 3.29 '* 2. ,, ", , Acid trea tner.t of a hrysotile fi bras - . aa a ' ` ~ ._ - Cr.e hour in dilute or concentrated HCL dose not oltor'ac-- pearance of flira but arts? such trectner.t i: rapidly dioaolves and disappears on injecting into living tissues. Treatner.t with CC2 bubbled through water cr lung j.ioe .. eueper.alons of chryaotile fibrea'eaucca partial'scl-tlcn with liberation of silica and nagneela. (c) Colloidal allunina does not neutralioe tne effects a -- ! as does cuartx. Cn injecting chryaotile suspended 1: alumnus hydrate solution^ fibrceia and acoeetoa todies dev elop at the usual rate. At rename to dencnstrate v.-.e:ner tn: fibresbeccns floated with a layer of alumnus rcncnydrate as has Seen proved in the case of cuartr. -f tr.ey have, me coat does not affect their capacity tc irritate tissue. Short ehrysotlle fibre*under 2 nitrons are practically inert. 20 to SO nicrcr. fibres cause typical fibrosis. The effects of longer ones could net be tested for technical reasons. (b) Crushing aoapletely destroys tne fibrous structure of c hry so tile. Vita loss of st rue t ure a---- capac -- .y *c --rr. .o.e disappears. / fibrewstruoture is preserved,-`-ribree bsccme sxtresIy Bri-'-iV'*. <'Tbe physical change alters typlosl localisation'within lunge. no fibres*# develops,-roeotioa liaiCoO to poyagocytoivaV Ho asbestosls bodies formsd. >;v-c.r. Till Mature ar4 Hjgniflcanoo'of Asbestoele Bqfliee *. .. * () Bodies probably result from dopoeitiontof Iron and organic matter on a alowly dloaolving fibre .of'.aa'bsatoa... The source of tbs iron is core llioly to, bs tbs lung tlsaus than the lr.eral ltaslf os tbs oootlngla'Just-as-heavy on fibrous minerals of lev iron aoatoavno upon.those high la iron. ** 4Jr */'^ (b) The offset of msbestoelm bedy\foroatloa'* io 'niouaod to bs pro-;' teetlve althouga it bos not-been.possible;to.isolate a large . enough quantity of. tbsae structures-in.unaltered fora for . purposes of test. Tbs smooth rounded-enda'.presented by the '* -- bodies would not "bs aaohnnloallj irritating * I" %%/' ` *' f*r'`-v*T " *' " (e) If they wars oapable of eausing-irrltatldn.'ttbs'fibrosis in tbs lungs should progross after sxpoaureosasso which it data net. *% * * (d) Ths gradual disappearance of.bodies (and'fibrss) long eftar exrosufY'Jjcinti to ultlsats solubility in* tlasus fluids. 4f Is) *he bodlsa are probably a fortuitous oonoosaltaat rather than a cause of fibrosis. IX Theories $ Irritant Action 2l Aebestlfom Minerals (al Chenlonl *heee sxpsrlaents do not confirm ths theory that asoestoeis la merely a fora of ailleoais resulting free free ^ slllcA liberated in the solution of a sllloats molecule. Zf this wr true asbestos,ll'xe ouortsvphcuid oauie fibrosis in any organ of any species for ths experiments have shown that injected asbestos dissolves in these looatlons. However, it does not. c.ues such rsaotlon in any location but the lungs of Ule species. (b) Mechanical Irritation Ve are proposing the theory of mechanical Irritation which is oanlfested only in the lungs bsoouas this organ is the only one whOee normal physiological functions involve s high degree of mobility. Experiments designed to prove ths necessity for cotie in tnis tissue have failed for technical reasons. Tor this theory to be applicable,it is necessary that the fibres bs concentrated In the fJ/T* terminal air tubes. It has been shown that only ohrysotlla of the aebestlforn minerals thus fb!r nas the proper physical ohmraoterlstloa to insuro such localisation. It la also sosontlal that the fibre shall psrsle long onouffh before it dissolves in the lungs of apsolss libs ales, rota,*dogs. It s^ren:!? diosolves so rapidly that it sxsrta no irritation, dlmilarly rapid aolutlon may explain in part, the lac'* of fibrosis in organa other than the lunge. *h -7- The fibre* au*t b long noucn *0 that they cannet be csspletely -oukd * brokewn*/ s2nhd**rcweyitthtc thoeeldl*elwiora.icth* *coeuil,,*i psruepvpeonrttincgonttra.ect aoirf ttru. see Oh??Uat'an haa deaouetrated tnnt these csnditicn* are reelited bee ll"'* rn l.i* fr. cnrr4o-.il. .nd fiaro.i. r... in 111 cf"*r.r?riQ**uhl.*aibtiforn aln^ecr*itlinth*a"dt hr`avefl6breoe,n1't#e**t*evde,lep:*:a. it* or (c) If the irritation were cheaical, fine eerpentine wr.icn h* the acne'chasical ooapoaition *e chrycotlle ahould have *iec c*uee fibrceio. The crushed chryootlle ehoudi have been sere active than intact fibre*, beenuee of the greetar surfnes nrrr.e ?- posed to body fluid*. On the assumption that chryaotile. like r-iartt, becosee coated with a very thin layer of alumi.*. cn treatsent with colloidal aluoinua hydroxide, oepecity to caue* fibroaia ahould b# deatroyed if th* eotloa war* oheaical but eueh 1$ not the oas*. _ (d) *he heevy coating resulting froa aeoeetoela body formation ap parently doee etop titeue reaction but her* the effect* are probably aechanioal for reaeone cited. (e) Heat eufficient to alter oheoioal etractur* d eetroya power to irritate but it alao alter* eaeontial phyeioel cr.arecterist that affect localiration of th# fibre# in tr.e lunge. X Coaalicntlsns (a) auecectlbilitY to Infeoticn C*t rj 1 Tubereulsua - Aebeetoe behave* like aoat other air.eral/^ in this respect and not like ouartz which epeeificaiijr ir.crea: native susceptibility to the-tubercle beeillut. This in fection say spread fer a tiaa but then heal*. The resultan fibrosis accentuates that caused by the aineral fibre. ii Non-Tuberouloua - of no greater frequency than in eninals inhaling dust* of other kinds. Occasional epidecica of pneuaonla occur in our dust roeas, but the** are due to aethede of housing rather than to duet; they ** also occur in unexpoeed animals. Ill * Cancer 4* Lunge No experiaents were,designed to eluoldate this point but certain evidence suggest* that asbeetosia eay actually favor development of tumors In euaeeptlble specie*. 1 In guinea pigs, rabbits.*rata, eats and dega lung tumor* are rare. 2 Vhen thee* sptelea were subjected to 2 to 3 years in halation of asbestos dust, th* incidence of lung turner wae not laereaesd. ... y 3 Soee (trains of waits mica do develop tumor V apparent oauae. 4 ^ch a strain of white alee vae unir.tanti0r.all7 uaad m three inhalation experiments with aaaeatca. 8 Cf 11 aica Inhaling Ians fibre aabeatoa far 15 to 2* sent8 developed aallgnant tuscra in thalr lung a and fl ef then had t user a In other organa. The lr.cidgr-cg rnte 51.* la exeeael V-t. Cf 22 aloe inhaling abort fibre aabeatoa for r.ot longer t: 12 eontha only 3 developed lung tusors. ?-n:e 11 * 7 Aa eontrola. w# have only the experience with doe ir. cth gust experiments. * or abort periods. there ware 51 alee expoecd to 4 other fcmda of duet for 10 to 12 months./- Inoldenoe of lung turn. 1.9/1. For lenr periods. there were 143 sice expoaad to 4 differ kinds of duat. Including pure quarts, 13 to 31 aontha. T all tr.ia group of sloe the average Incidence of lung tunc waa 13.8*: the hlghaat rata (25*) waa in a aubgroup expo* < to flint duet. Thus the Incidence of lung eanoer In the long fibre aabeatoa sloe waa over 16 tiaee the average for sloe inhaling other duata for eosporable perloda and over 3 timas the saxlsus for any other'gre Hice expoaad to the practically inert aher_t fibre aabeatoa ancvec fewer lung tuaora although 7 tisea sore than thoaa in abort expee to other duata. *heaa ebaervatlona are auggeatlva but no? conclusive evidence cf cancer atisulating aotion by aabeatoa duat. 'hay are open to acvaral orltlclasa. The etraln of sice was not the ease In the aabeatoa axparlaent aa in aany of the othera cited; apparently t: former war* unuaually euaoaptlbla. Not enough anlsala aurvlvad the duat for longer than the IS aontha apparently neceaeary to produet aany -tuaora. `here were no untxpoaad controle of the aa. etraln and ago ar.d no Alallar oontrola axpoaed to other duata. Zt la hoped that thlt experlaent can be repeated under properly controlled conditions to dateralne whether aabeatoa actually fev cancer pf the lung. XI Pliability Cannot be determined In anlsala. *he accidental deatha were froo the aaaa causea sat with in all our duat inhalation expe: senta. V \ \ V x:: In the duet. Granular malarial and crushed ritre are Inert diluante. - * 11 `he Ion* flbree must be thin enough (1-3 Kicror.a) and chert enough (under 50 Hicronat) to be inhaled. Hi Very ehort fibre* (under 3 Klcrone) are practically ir.ert. (b) At-oaoheric Concentration 8tUl under study. Apparently thla factor le lower than In the oaaa of duet a oospoaed of granular ninera.a but aethoda of eatinaticn are olsleadlng. , V I The average atandard PubUo health fierrloe Ifiplnger count In the long fibre asbestos duet roea'vas 40 aillion partiolaa per eu. ft. of air* *hl|-concentration caused fibroaia visible to the naked eye In 20 to 24 olntha. for eoaparlaon the average lapinger oounte in an experlaent with pure ouartt vae 120 aillion partlelee per eu. ft.*and fibroeia developed at about the ease rate. : **r .v_ . * II However, lapinger oounte are deceptive heeauee by thla aethod of aaapllng very few fibre*, which arc the eignifleant eleaenta In the duet are collected. v: 111 Saapllng with an electreetatle precipitator la a such sore efficient aeana of collecting flbree fros air-berne eut- pcneiona. Saaplee fros our long fibre asbestos room hewed that the duet la the air contained 32.54 of flbree few of which had been collected or oounted In the inplr.rer saaplc. *he latter easpled largely the Inert granular parti- ole a. . . w lv Aa ordinarily eoployed precipitator atopies arc weighed and the reeulte expressed in ag. per cubic foot of air. There la no aeana of converting eueh values into nusbera of particles particularly whan thaae vary In site, shape and ` specific gravity. v Slaultaneoui aaapllng with precipitator and atandard leplnger yielded the respective values of 0.65 eg and 80 zil lion particles per oubie foot of air. vl `heoretloally the beet Index of hatard would be either the nuaber or weight of fibrous eleaenta in the duet. -10 <> <- ^t Juration -f Exuagur" -. 1 Fitrcsle vuitle to the naked eye after 11 increases in extent in eubeequent IS,son:.-.#. * tx^>t -V * j* * /." >* v r. 11 The enan of Ilf* of our cost sueeeptible iaccratcry aniaal the guinea pig has prevented continuing 'expoa.ire larger tran three years. In this period only tne comparatively early stage* of aeoeatosle hnve been produced. With tne know ledge that w# have gained. It lo profinOie tna: cere exteneiv, disease could have been produced with a purer long nine ehryaotlle. The long lived speclss, like cat*, dega .-e un fortunately not susceptible-. . * w- ill For these reasons X-ray change* have been alninal and we were not able to fulfill on* of the objective* of this pro* AF 4* -V fex:: 2l Cr"- .. . '1. - *: vr ;(aj ^ (t) W-. "r.j.f mtn ie no otiiciai itanasra, isv wen*-.-.* 4 or 5 Billion particle# per cubic foot of air is freauer.tly ouoted. - # . 4* % ' . This la probc'oly unreliable because It is based upon sasclir.r with e standard lsplnger **hioh vs haver shown does net collect cocfof the fibres that or* the source of.hazard. (c) '*e r.ow think that a standard should bs based upon sacplei collected with an electrcstatlo precipitator if it is feasible to determine readily the relative proportion of-fibre* ir. suer, arterial. :? * (-) Varh It still in progress upon-the latter point. v. (e) To be of -value the new standard would.-hiye^-to^be correlated with tr.s-X-rey findings-uponTeoployeea'exposed .to different concentration* of dust. . . ;jr " `.V -C* i'^ "-i x;v Prevent ten si Asbestcsls " ' * *' The erperiaento have failed-to"davelop .anypractical chemical ueane of neutralizing. t12h-e.. .ac.tion*t o` f ^fibr' o*; u,* s? '4asb' e.v*cr`:o>s.. y** (a) *o alter the husan'lung to that it would;'dleoolve/asbestos - fibres repldlr like s rat would nscsasltits- (aeeiie creating an aeldoela which would bsjworse^than the e.'fe::* of the fibroeie. .* .1*''/ '** ' 1 Sp' '* *>* V * . r.-, .*'.<** * ** / * >:v . .-. v ;T'.V"u , *.* * . v V (o) . However, It wp\Ad- bjj'ot great;t&eortiol'ir.ter**t `to treat;*:'- * , c few oaeea with PBftlidjtpnoerXrea aeBeetoiieDy aiuainuc %*. ^ V# -*W:*t * *, / ir >*'+ V~i*V.*?, -n>t i*C*~ .*'- v.l. halation. W# ar*ihy.:no aeaaa;perta4a,;yfcatharSta;faeratilS?S reeulte upon adTanoed.p1lioctloe ere. 'due <$,iv neutral" gteetnioernalof --o--u--a--r--t-**-,--in,5-tSie lu"s$--a:./~-wAlu.-swl&.u--a*r&---lg--&--r-e*j-a-T----.---4-o--s--Vvj&vv r# \w- Chief $*& ' air and fiBreue tKj5 X? rx%t .j -4 &r: :. ff.5. . S'fe- *? " KH-g- $$- * ... ?v rs; "/ i Published by 'J'J PLAINTIFF'S t EXHIBIT J 3lViC Mr. S. Simpson, President, P.ayhestos-Manhattan, Inc., Bridgeport, Conn. Dear Mr. Simpson: The attached copy of letter written by the Ilorthv/est Magnesia Association to the Department of Labor &. Industries of the State of V.'ashington, has been sent us apparently by the Secretary of the Association, Elliott DeForest, without eny comment whatever, end in the envelope of the Asbestos Supply Compeny, First Ave. at Jackson, Seattle, V.'ashington. Mr. DeForest is connected with the Asbestos Supply Compeny. There does not seem to be anything we can do about It under the circumstances, end we are passing it along to you thinking it might interest you generally, and perhaps you might like to contact Mr. DeForest on the subj ect. If you would prefer that the matter be handled thru us, we would be glad to write Mr. DeForest at your direction; otherwise you need not returnthe letter. Very truly yours,- TJ t * '/ / 2 PLAINTIFF'S EXHIBIT rt)) RM nL- r,-/<r a' .* * COPY Seattle, Washington June 14, 1943 j Ur. Jchn E. Morgan, Supervisor of Safety Department of Labor & Industries State of Washington Olympia, Washington Dear Mr. Morgan* RE: Proposed General Safety Standards Standard 49. Article A-5. AS3E5TC5IS Our Association has given due consideration to the above nentioned subject and submit to you the following recorsuendations. * Inasmuch as any dust which night occur in any of our operations during the application of material in which asbestos mi^it he used is not of any dif ferent character from the ordinary dust that is d eveloped in thousands of occupations, we feel that it is adequately classifiedlunder Standard 45 in the general classification of "Hazards and Protective Devices." The relative quantity of asbestos in the materials that use the name "asbestos" is quite snail. As a matter of fact, magnesia is 85S of most of the pipe covering . which is generally referred to as asbestos asongest those uninformed. In our entire practice of handling asbestos in the State of Washington, and our Association members have been in this business over 40 years, we have no knowledge of anyone who is even acquainted with the coined word "Asbestosis" much less ever having contracted the disease.- We feel that if such a so-called disease were advertised to the general public, and our workmen in particular, that it would give them an excuse upon which to place claims for all sorts of allied ailments and our particular industry v;ould be unduly- burdened by such parasites. 0 * Our Coremittee, consisting of Ur. V.'S. Jenkins and Mr. T. F. Bellamy, who were interviewed by John E. Morgan and Kerman Luft at the Smith Tower offices of the Department of Labor & Industries, report that the recorded singular .. case of Asbestosis as noted in the medical journals occurred in Ihgland some 40 or 50 years ago under must unsanitary and inhuman working conditions. Since this foreign disease has not come to our attention, we feel it should be left in Europe where it belongs and not brought to our local communities and create hysteria and fear aoongest the families of our contented^workmen who are now enjoying good health and living to a ripe old age, which*is significant of the Pipe Coverers Union as compared with the other trades. "y / These statistics of your Department confirm the soundness of this argument ' [' 1 by the low rate which we have, and we wish to continue enjoying this low rate by not allowing our standards to be adulterated. Therefore, we heartily recommend that this entire Paragraph A-5 be deleted from your code, and pledge our cooperation to your Safety Standards, which as we interpret them, is using good common sense on all occasions. Cn all our operations where the slightest amount of dust might arise from any sawing, your representative will concur that we have proper ventilation and respiratory devices. However, when it cones to instiling our material in cramped quarters of war vessels, we have proven that it is of more value to consider safety in regard to giving ?. a r - proper vition and not allowing him to be encumberod r/ith respirators, air hosers, hoods, etc. rv ' ocVcir.i to JoU ^or favora''^e "'1i.'on in this .-natter, M> 1 Very truly yours : c-- NORTHWEST LiAGNIiSIA ASSOCIATION Elliott CeForest Secretary .] 1. i r - ' -. > -...sTn 1 ,t *\. < ' .* ; ~... i*'.*.'.'' 1 :iv i *.* ... 11 . .S W ' * 1 I * * . * I* - * r ir> ,*u ..r ....... I ; Ir -M f - v. . * : :.j : >.v-r* ............i..i.. . f.j -i i..i- : V M w; .........:*. ; V . * . *i ' n . .V; i * ; ; .. i * .: ( , .... * f * * ** v . t. * ,. .l, *. f / i'1 r. Inut teo&lact.. PraslOact, taibn * lattlxob Caxof! Ixtlir, bant. Dear fr. tasshleexi Tou art urrtet 1a tout uadartiatelac ttet tBr la at coarlatt Uatlt; tetaaao thoit na spontorsd Dr. Cards*r'a *Lxp*rlaatx a&d casts ata tfi araaeatlr aeaters of tfto X* tea to a ?oUl last!tat*. I tell*** It *111 te aifful for roars ud ir. 2eartaea*s aasiantia of tala auhjoct 1/ Z arorlde yom *lta tte faUo*lA< List of tte** aw aoatrltetadt Coaster 1 lattli lUyteatos-la/ihattan, Zac. loins fronil* Cs.<>ntli io testa* Ohloa Asbestos * lister Oatso ec-wratlOB Attest** tenufacturtac Co. tesaoll laaufActurlaf Ob. kltst Stalas CriteB Cote<9 Won asa Brake Sleek Co. Th* last to>if woeratod ateee art aot waters of th* Zaaticute. Tte first Tour mao r tad above aw* tte asst aubataatlai ssatrlbuCoBJ, xlodci&c ate telac Cl*000 par rur aortas *aea af tte four or flat raars ttet eustert vaa artasdod to Or. taifrar. Tte aiat roll fr tte attars na i*er jmot, mod teosall IfI. ate A* tea toe Ifg.Co. 01> cootieued tbalr aeatteutloue sarllar taw tte otter*. Z aat aars )ut te* tte wall snwltteo ateulO te craataO tat, as tte teals af aoatrltaitlete, It aoultf ppasr ttet tte four tea contributed tuo aaot mlo te Justified La sattlax a* a oowltl** eewosad of a raprasaotativ# of weft. Z tould Mpratlata 7tv* ate lr. teartecs* s fists. Slacerulr* rnxjsrsiAi Erc-nrz ycwrcAnca cr a; SPICA, 3'C. W*00 Fifth Aver.ua Plttaturgh 13, ?*, 7 S{ PLAINTIFFS EXHIBIT pma% SEPOF.T OF PSELTCIASE EJS? E-rVXSTICATICIJ FOB asssics T22HS rrsniCT. JOKE, 19^7 , 37 V W.C.L, Sazaon Head Engineer / * Industrial Sygien* Foundation of Ansrica, Ir. Sy John F. McMahon ^r of FHELE'iEIASY BUST SUE7ZY for ASZESTOS TUTUS: ZiSTITUTS June, 19^7 OBJECT 0? INVESTIGATION Thio project vas a pre lininary investigation of the ashestr problea In textile plants of centers of the A*bestcs Textile Institu- r vith the iccsdiata object of defining the specific nature end the eg tude of the problea in all Ita phases. Tree such a definition, the c acter of a leng-tera project could be outlined. An original object!^ meet ircediate icpcrtnr.oe vaa to facilitate the exchange of infer--t: between eseber ccapanies ca successful cethcds of dust control ar.i 0 vise to pronote a general icnrovecsnt in that field. SUMMARY The facts upon vhich this report is based vere obtained cn during tho past three conths, to ell plants' of Institute cechers (ox one, vfco vished the visit postponed to a later date). Ccrplete coot vas extended at all plants. Tr. C. Richard Vainer, Medical lirecto;' Xn4u*'trial Hygiene Foundation, participated in Tisits to throe plan*: . in &ovelc]psr.t of the csdical concepts of this report. The problea is seen to be ccaposed of three aepocts vhich dlscuseod in three sections of the report and sussariaed herevith, : 23G3EEZ3E:C, MEDICAL, and rETSICAl TESTEIC. Zr./tir.ee rinn. -- Mechanical methods vcre sees in use in one or _ plants wfcleh effected practical du3t control in all operations, bringing concentrations devn to five million or lever vith ens cr two exceptions s is proposed to prepare fczesl detailed descriptiono of these methods for al distribution to members of Asbestos Textile Institute. Medical Supervision of Berbers. -- Only five plants rave had cnedlcal x-ray surveys of employees. In the others, therefore, there is serious laeh of information as to the incidence of asbestesis. The Inch acre serious, in a sense, "because in nest of these plants no compensable of aabeetosis have occurred to drav attention of top management to the p. While the medical survey conducted by one plant recently shevs only abcu*'-. per cent of the employees vith asbestos is, two ether plants appear to ha20 per cent of their employees affected. Medical supervision of verifiers in this industry is of utmost im portance for the protection of both employee end employer, not to mantle-, considerations, Therefore, it is strongly recommended that each plant ir tute a program of medical and x-ray examinations of all exposed verhars a early as practical. Physical Testing (lust Counts, etc.) -- The "maximum permissi: dustiness" for asbestos is commonly tahen to be five million particles z-.foot. ils represents good attainment in the dust control program. It phasiied, however, that dust elimination to this extant does not pcsitivoure that no aebestosis will develop in sees verifiers after a long verinr.. (greater than 2C-23 years). Scientific evidence is obscure cn this point, recommended, therefore, that studies be initiated aimed to develop ancth- yardstick, 'because it ia suggested that vfcsn control ho lev five uiliica attained, present dust count retheda nay net properly aeasure the renainun hazard. A detailed surrary' of re c emendations for a long ia given at the end of res tigs I - I N G I N I Z SIHC r.-ii; STATUS CF TEST CCUTFCL Practically all plants visited have had one cr acre dust count . * veye rsde of thoir operations and these data vere available for the prssei'study. In addition, a few sarplcs were taken by the investigator in rc3t These records were artudded end a range of concentrations Judgeo. aoat representative oeiectcd for the surra07 given in Table I. Vhere rclav ly exlrere values appear it io an indication of too few-data to perrit a estirate. Figures in the last celusn are selected to indicate the ss^iitu-;readily attainable dust concentrations with dust control no asuras now in use; or fudged to be rest typical of an operation where no special dust creasures are employed, e.g., ring spinning. Discussion of Concentrations The available dust count data for operations in the preparation are highly variable end reflect the poorer accuracy in sarpling inherent i operations that are intern!tteat end siscellarsous in character. These fl are, therefore, considered ruch less reliable than these for other dcparM.- Sis figures for carding rocn dustiness indicate .that with reuse good enclosure end exhaust cf the re.chines, concentrations veil below uhn nillicn are obtainable. Four cf the plants visited oxeeed the five rill.' Unit raterially. All the data for sale spinners exposure indicate a vide variate: dustiness, ranging ires two to eight riUicn, but the volure of data are I TABLE 1 M g cun|i fc 5 E8 ft Cay fe *4 a ua 4 o O.JS V. * *> --C 3 ** a e o z j r- 3 * 0I 1 r Cj a a_ i* ^A fW 11 P" -ff ITS p ii a -S- VO O' 11 a A i A i CM M p o cu 1 ot K- o CD 1 AA *4 1-4 < -7~* o Gm U A O < H .:a ,,3 -f * A 1 CM p- A i cm CM I r-- 1 ao 11 i--< i ev CM CM -4ft 0 J* CM A i i OJ 1 i i CM -4 CM -4 ITS 4 a CD . *4V 1 i A *"N a A CM OS ii a Jt A 1 i CM i a CM a V-- CM i i NO ITS o 44 A r-- 4 ii 1 IA <4 44 A CM *-v (A A A -4 i A 1 f* -4i i -4 t <4 A 11 CM 1 4 VO 1 CM CM CM -4i i A A P A CM Pi CM CM 1 -S' 1 CM e 00 C 09 S4 o 4> ce c 2 CO u or a* c CO CO 4 +t CO C A 4e-- -- -4 --e &ou U9 a o 3 m9c* e 3 a a O TJ 2Si -e4 A a z as (?- CO A great enough to 7icli a good average. Concentrations for ring spinning fren coo to tIra sill!on although there ia no strong indication in tho ordata of narked difforer.cca be Ween this operation and rale spinning. There ia a sirilar vide variation in data for twisting (tvo to . rillim), hut there ia sera Justification in thoae data for the opinion held that this ia one of the dustier operations in the finishing end of It ia believed that occasional high values in both ring spinning and W;U reflect in sene cases the oenpling procedure. If the largo irpinger ia _ tair.ed in one locctien and there is a strand breakage in that irradiate the* resulting '-hipping dust vill be reflected in that single cample and v\ not, therefore, be representative cf the verier*a closure. lustiness in veaving operations reflects tho use of vater for control in sons plants and exhaust system in others. The Ir-est c one on*tiena of one to wo nillion obtained in Plant A reflect highly efficient, veaving nstheda there employed. Concentrations less than four to five ri are readily attainable by local exhaust nstheds as indicated by the resul several slants. The data for spooling and vinding operations are included for . pictones*, but reflect niecellaneous operations and conditions. The du. ported is often due to the effect of other rachincry in the cans men. considerations therefore affect the reliability of these data, aa in th; of operations in the preparation rocn. W --V 7 i scxsm.'o rjs? cc?:t?ol tpactichs The follcving discussion of duct control practices in the indue is rarely an outline. To be useful to these vho are responsible for the engineering in each plant, they vill need to be set forth in the fern of detailed specifications describing details of construction, specificstic:: for sheet cecal contractors, for purchase of fans of proper capacity and desi^i and operation of dust collectors. a tion Highly variable practices prevail in different plants and the -- cellarecus character of operations vithin a single plant calces it irpract: to fcrmlate any general state cents. Hovever, it nay be said, that such trol as is realized results fron the use of zicdem eouiprrnt that is veil closed and vhich usually incorporates pneurztie conveyors vith coiling c-r densers. The large covenant of air involved in pneumtic transport serve useful additional purpose of preventing the escape of dust free, the prim-, equipccnt. Discharge of atocic frea ceiling condensers into bins, stcci or feed hoppers is a dust usually not under control. The blending operan ds another source vhich is often cot satisfactorily controlled. Vith th. copticn of these tvo comon operations, nest of the dust control precein quired vill be ncro or less specific fcr each plant. endin'? Ao' has been noted, reduction of dustiness in carding to ccncer. tions of three nillion or loss is easily attained by good enclosure cf " cachine and carefully designed exhaust. Moreover, experience of several -7" I . ccrpanieo prcves that it does not interfere seriously vith ranufacturin. operations r.cr vith ovality cf roving produced. Cur investigations indicate ths superior advantages of having valla cf the enclosure of voed to facilitate so11 clearance by ruVbirf tact at the edge of the rain cylinder, thus avoiding excessive air infill tion at that point. Wood covers have the advantage cf resiatar.ee to cr-` vhich vaa evident in installsticr.c vith sheet.ratal covers. Correction cf the enclosure to the exhaust syster by rears of hers cf a^le dirersiens, i.e., large cross-eectioral area ia of rajer . portance to avoid localised high air velocities elcae to the vetoing in rain cylinder. This detail vaa not elvays observed. In viev of siailar degrees of success, fudged by dust counts; tveen various incta 11atiers, 'the best criterion cf superior design as tails of exhaust free, the rachine vas in the relative ecerccy respectir voluaa cf air exhausted per urchins. Cur observations indicated rathe-, trere variations as Indicated in the relieving table of exhaust rates j carding set in five representative plants: Plant w A j ,y . A r, 3 C- ' E G H * 1' Air Zxhausted Per Set 1500 cfa 2200 cfa 3800 cfa 5U00 cfa 2000 cfa \ \ It is apparent frrx this investigatica that 2CC0-25C0 cfa per of breahor aad finisher cards is aaple exhaust capacity if the systsa properly designed. All five of the systens described in the table serve their pur satisfactorily fren the viewpoint of operation, but it decs not near, nhf they veuli be equally satisfactory to others. Thus the plant vith high : haust capacity (G) has a unique interplant tunnel connection, sc that ox heat fren another plant supplies replaccnent air without added cost, fo: or vir.ter diecczfcrt. Plant 2 c.cn'=rol3 dust by completely housing each pair of card; spacicus rocn, exhausted at a rate of 2CC0 cfn. Sidevalls are easily rs~ ed for repairs. Most plants vould not prefer this arrangement. u. As far as the dust count data can ehev, the card reen of Plant vith 22CO cfn is equal if not superior to that of Plant 2 vith 38CO cfn. recently installed systen. The fundanental features of beat card dust control systens ct. are as follows: 1. Wood enclosure vith hinge lag arrangement. 2. Libexal clearance between worker rolls end curve of cover permitting -air passage at lev velocity. 3. . large chanter connection on cover, to duct. 1*. Duct branch not over 5"/ preferably U". 3.. Ho blast gate danpers in branch line. 6. Inhaust influence over comb, cither by extension of sain cover or by separate hoods. 7. Ixhauot space under-machine, not over U" duct. 8. Enclosure and enhaust of food hopper, not over duct. Tvo installations include an enhaust branch to prevent the a. dust originating in the ^pace between the ring doffers and the main cyl; Spinning One plant haa installed ventilation for their ring spinning fr" vhich nanagenent "believes haa reduced dust in this operation. It consist in a series of exhaust openings under the frars, near the fleer, rmir.c ths length of each frara. Tina did not pemit derma trading to cur cvn satisfaction vhether a rsasurcble irprovensnt had hoen effected or not. His should he done by a scries of dust rsasurenents vith exhaust cn an-, off, 2ae vclure of air exhaust is insufficient to effect a true local hsust action, and if it is effective it rust, therefore, he an effect c^; Birole dilution. Twisting Interest in centrolcf dust frer twisters is videepread in th: dustry and Plants A and 3 have Installed an exhaust syster liho the cue scribed for the spinning frunes in Plant A. Sere again the operators b<a mrhsd inproverent has resulted. lust count data.is needed that vili aeasure the degree of inprovensnt. Winders A,J(*. v.-* tt:- J-* Cop vinders have been exhausted in Plants A and 3 vith roper beneficial reduction in dustiness. We do not have quantitative data or. point, lio exhaust arrongcaent for Pester vinders vas devclcpad rony r- ago and Is veil taevn. The tendency to elinination of this nachine ra.<- tho problsn one of little practical interest r.cv, la aaat plants, dust frea other equipnent, such as spinning twisting vhich ore ccansnly in the ocro rooa, is of greater irportanee that frua winding operations. Vcavin/? Cno plant has a oupcricr aetbcd cf suppressing dust In veaving vet nothcda and. duat count records indicate a complete suppression of da It involves a vater spray head counted above the varp at-the rear of tho harness vith a cechanical ocrev arrangerent for cor.3tent covenant of head transversely to the varp.. They believe it to be acre effective system ccanon in several plants vherein the varp is passed over vettc - It is apparently not practical to reecccsnd ICO per cent vt v throughout the industry. Moreover, *-*o are satisfied that it is prac control dust in this operation by local exhaust, vhere dr7 vearing i3 cc ed irrerativefor special prepertis3 of the cloth. One of the best 6^ arrcngecants includes an exhaust e;porting directly under the varp at of the harness fracs vith a slot e.xhaust opening carried by the lay latter connected to the stationary part of tho exhaust systen, eith VV flexible hose arrangement or by an all natal svivel Joint, 2uct Voric The actual arrangccent of duct vcrlc and exhaust fen present no usual problcaa vhere goed practice in sheet seta! fabrication is folicve points are of sufficient irpcrtance to rocuire enphasis. . Special care s be exercised in the fabrication to avcid sharp projections on ohe inside create points of lodgeaent for fibers. Socondly, it cast be designed to vide adequate transporting velocities. Velocities belcv 2C00 fan, in th experience of tho industry, cay permit sottlcnsnt of natcrial end gredua clogging. Bterefore, alloving a nsrgin of oafe^, tho desist should pro for velocities of 3CC0 fpa. The preblcn cf distribution of planned air flows to the differ- branches cf the oysten is of inportanco in the design of all dust onhaus-: syctcns. The use of dancers in tranches to adjust air flows is avoided the test system. Their function in effecting talancc tetveen tranches test attained in the original design. procedures to effect this Jestive are available tut vill not te elaborated at this point. lust Collectors Five plants in the surrey capIcy the veH-5c:cvn turlap dust sc* / for filtering air fren various exhaust systens. ~e favored filtering is deiemined cn the basis of one square feet for each air flcv of 2 cfn. 4 ? w m vi'th a pole or a tug^ vhip ty non vho ronain cn the clean air sciidiee cf the ef*l.*i^tw-.. cloth. In one ayaten, the non .are required to enter the dust side for a., ing purposes, and final cleaning is carried out once weekly vita the use central station vacuus cleaner, rractices in different plants are mrir.: to frequency vith vhich the burlap filter is freed of its dust load by irh While these dust collectors work veil, ve are not prepared to ~ nend then to the exclusion of acne cornersial types of filters haring shakers. Several engineering oleusnts enter into the design of a dust or systen, involving principally a proper estinate of pressure drop in .. nsnts of the systea and especially that through the filter proper (hack If the pressure drop ostirate in the filtsr is incorrect, the ayoten v: 1 operate properly. If the basic resistance of the filter, i.e., that in ly after shaking the cloth, is subject to a constant increase over a pe. of veela, the abates operation vill suffer. Apparently, scma of the clda: commercial flat tag type of collectors did exhibit that difficulty. Modi' cations in the design of such units have, however, been incorporated in n. recent node Is and these, difficulties nay have been eliminated. Two plants employ commercial collectors of the flat bag cr cavi? type. Another plant uses a cloth tube commercial collector and also cne filtering element is of paper, which is replaced at intervals of several A study of operating details of ths3e commercial collectcra is indicated thio study, including ccnsideraticns of original cost'and operating coot. recirculation Several plants return air from the dust collectors to the vcrlm* conser-re heat in the cold weather. Ve are not prepared at this point sit: to condone or to ccrdcnn this practice except in cases where there is cbr. ly lealage of dust through ths filter and consequent re contamination of air inside the plant. The practice is generally frowned upen where ducts that ere hatarioua to health arc being handled. Ve believe there ere ceicircumstnnces where the practice might be permissible provided adequate ' guards are incorporated in operating procedures. The large volumes cf ai involved in dust control represent a tremendous problem as to heat 1 CCS boiler capacity which cannot be passed over lightly. '7- l n - hid : cal p?zsz::t i-sdical pachttits ajo ppacttczs 2v*r7 plant has connections -1th- a local specialist in radio 1=Gvho i3 erplcyed Ycr dia^.cstic vcri cr an irregular basis. Three hs7e cvn r-ra.7 rachirea used b7 the local specialist, hut crJy cr.e has a 1 _ established schedule of periodic radical exmiraticrs. Half of the plants hare no positive irfcrraticr as to the ir.~4 Ar of asbcstcsis arcng their vcrkers. The situation is these respects is in*. dicated in Table H* TAPIS n. PrSSZS? P?ACTTCZS AITT rACZIITTHS AS TO ?TTICAL X-PAY HM^ZIIUTCNS ST VAHICJ3 PLANTS Plant A 3 Secent X-ray1 Survey Made Yes No Periodic X-ray '"`tarinaticns Made No No Have Cvn X-ray Machine Yes /* .. No (>. - C Yes No No D - Yes No No No No No No No _* No 0 No No "No H Yes Yes Yes J- 1 I No No No J Too No Yea ^Within lest fev ;years, and results available to plant or its physician J.-X*aizd r::z:z:n: c? as-tstcsis She lnciisr.ce of asbestssis axsr.g employees of those plants vhsr employees vers exsxir.ed la recent years, shevs a mrhed variation as irii ed by the followings ?lar.t A, has recorded cases disposed ss acbestccis to ths cate jv^* about 20 per cent, ar.i in the past nine years has eexpensated, cn the stc; two cases per annux. Total textile exployxent about ^00. ?lent C ca the basis of a recent aysteratic survey, ectinats9 asbestC3is incidence to bo about three to four per cent. Plant D has results frex an incsxplets surrey in vhioh four os,: vere found axons those volunteering for examination vith a total textile . ployxent of around 150. They have compensated one case in about 10-years. Sxree xcre are pending. Plant g vith a textile exployxer.t of 300 finds five or cix case. .-Vs annually that the physician believes show early changes due to asbestos. it J he3 counted potential cases of asbestosis axcurtir.3 in nuxber to about 20 per cent, comparable vith Plant A. The other plants hare conducted no systematic x-rsy curveye of their ova. and have'no iafermatien as to incidsnco among their employees. Hone of theso has had caocs requiring compensation. Vhile ve have no emulate data cn history of cxplcyxsnt end lac turnover in the several plants, it is apparent that there is, at least cv; ficially, a xarhed inconsistency in this picture. Also, it is clear tha.- w , 19 u7 a aerlouo lacfc of infematicn prr.uiis generally cn this aspoct of tho problcn* Tho story in ITorth Carolina la vorth special rsr.ticn. 2iis stat': instituted 10 years ago, a oyster, of periodic nodical cr.arinaticns -for all vorirrs in dusty industries and, hence, all asbestos textile verhers have boon x-rayed and clinically emnined for a longer period, cn a periodic bfv than any other asbestos textile plant in this group. If the state exazin* finds that vorhsrs should discontinue their czploynar.t because of rapidly ' r developing asbeotesio they hare tho authority to effect this change. They : eee to it that verhors vfco ehculd receive vcrhran'o ccnpensaticn due to dir abling asbestesis are processed. So far as ve have been abla to ascertain neither overt has occurred to any ezplcyec cf tho tvo I'crth Carolina ashes plants in this ^cup. r These observations suggest that there nay veil be a rariced diver in radical procedures, interpretations, and attitudes respecting the diarr of asbestesis. There is a very urgent need for a concerted cooperative nodical effort to develop ixprovad diagnostic procedures and university of interp-. taticn. J2<?0Racres of tzsicsic medical scame:at;o::s Cne of the nest important elements of a program of protecting he-, of workers in dusty occupations is the periodic nodical czarina tier.. The of scientific infermtien regarding all aspects cf asbestosis is serious. This cannot be cver-enphasiaod. The obvious procedure to help overcome th. deficiency is to employ every tool new avails."bis that will threw mere ligk5' the facto. The inportcr-oo cf the periodic nodical x-rs.7 examination car. pc. laps beet ho emphasised by stating that dust count investigations cannot, jU the present state of Jmccvlcdge, give us assurance as to the extent of cur c- csss in eliminating the hazard. % Segular examinations csrve to protect the worker by giving early dication of health inpairnsnt due to dust, and permit intelligent aeticn t- takon to avoid further serious he'aith deterioration. This is particularly tree if the detection is early enough and there is no progression to lets stage asbestosis. More important, for the long tern, the accusation of factual in formation regarding the health status of exposed workers, statistically in- prated in relation to dustiness studies end to mechanical developments in control esuipcent, will eventually indicate when the battle of asbestosis trol is* being won. This aspect of the problem is elaborated in the follow, section. tte inventory provided by such a. medical program is Just as impe- to intelligent action in this problem, as. material inventories are to the propor conduct of business. 2:e question as to vhether a plant should purchase its cvn x-ray equipmr.t is an eccncnic one involving cons ids rati on- or cost of local cut nodical and x-ray facilities and of loss of cnployce tins in travel, etc. Eic.irr.cctic rar.ol To further the objective of inprovenent and unifsmity in diagno procedures, a nedical secticn cf the pregraa is prcpcsed in the fern :: a IfZDICSL ASEZ3TCSIS JO to be ccnpcscd cf outstanding nedical non in this field, and cf the physician dcsi^-sted by each conpany as the cr.a respensi'for its nedical and dia^ostic verk. The ccnpcsiticn, as to outside nedical personnel, of this panel vculd be detemined by its objectives: the assembling cf the best possible nedical brains and the srtusl education in diagnostic procedures that cones' frea exchanges- of scientific experiences and iniconation. The panel vculd neet, perhaps send -annually, and ccnsiier the ai. nificancs of x-ia.7 filna and other clinical data brought to the group b participating physician. Er. C.*Richard Walner's services vould be-availsfor the organisation and other details. STATISTICAL STUDIES C? MS2ICAL "OPTS There are tvo very important quest!cr.3 concerning the physiclcg:. nature of asbestos that have not yet teen answered by any published inves' gat!on: 1, . Vhat ia the ejectaticn of asbestesia In vorhers exposed no: then 15-20 yeere to lev concentrations of asbestos dust? Ancng the 500-c.-. vorhrrs vho ccnpcsed the subjects in the iJ.S. Public Health Sorties study; thero vere abnormally fev vho had been exposed for rare than 15 ycr.ro and practically none over 20 years. Theoe facta seriously effected the ccr.clu eicns that could be dravn, 2. Is there a progression to advanced aabestoois after expesutan individual has been discontinued or has been reduced to very lev leveldue to action of dust deposits fren earlier exposure? This question is very groat inportance to intelligent nodical supervision of versers in Im plants. It is virtually certain that statistical investigations of exirecords vculd-threw valuable light on these questions. Hons of the plants visited during this inquiry have sufficient extensive and systesatic records to provide satisfactory. answers to these questions, but the cedical departasnt cf Metropolitan Life Insurance Corunder fir. A. J. Lansa, have x-rays of a stabsr of nen obtained, in the ear 1930*s vhich could provide the nucleus of sons useful information, deper.an hcv many of the original group are available for re-x-ray. ^VUO, C5:e neat outstanding store of inf emotion is. in tha records cf the Division of Industrial Hygiene of tho North Carolina Separtaent c vho, la accordance vith state lav hare x-rayed vorkers la this, ar.d o dusty industries, alu?3t annually for the past 10 years. A study of records vculd undoubtedly cast mch light on the question cf prepress e through officials of the coupany nenbers in North Carolina, ve airsady hzv assurances of their full cooperation in any investigations, and althc have not discussed the. natter vith then directly as to details, there is every reason to suppose that the desired informtier, vouid be rude av to us for tie purposes described. In addition, a general : 7 4 dical survey cf verbs rs in c:v or tvo plants vith a Ions history Vi high order of dust control vculd be : ^reat value for this purpose. - PHYSICAL slc~ica2:cz cr ms? ccunts Correlation between dcveloprant of oshestcsis and sees pertinent neasxire of dustincss, e.g., dust counts, con be developed by periodically serving and recording data on both aspects -- periodic zedical exon.'r.e.ticrof exposed verkers tegsther vith the periodically censured dust closure ceach. Hevever, to be useful for preventive purposes, thescprccedurcs have to be estcoied into the past vherever data. i3 avnilab.c 2:13 ves the prcc^ ure cnplcyed .in the studies of the U.S.Public Health Service in North Caro, plants (Public Health Bulletin ITo. 2Ul, 1538). 2he coin value of dust counts in asbestos plants is to obtain da on duct concentrations that can be- colored vith that study, and thus lea/, concluaions as to probability of developnsnt of esbestosia in the particu*;. plant being studied. In that study, dustiness of different occupations vaa noaaured . the usual saaner, end also the incidence of asbeatesis by nsdioal end x-r' exeninatians of tho nen enployed. A statistical eenparison of the two se data led the Investigators to the conclusion that now eases of asbestos is would probably not occur if dust control nsesures were undertaken to ensurthat no dust exposures exceeded five cillion particles per cubic foot (ncaaurcd In the ease nanner). } I appsaisai c? tzzjczd res? -iazaps Having reached a degree cf dust control rep: sented by the duse coun- llzlt cf.fi,ve rillien, it is then proper to ash '".That degree of assurance is afforded by easting Jncvledge that asbestosis vill not, in fact, develop in the future if dustiness is kept be lev that level?" If there are factors, at present urJczcwn, that vill indicate a need for still letter dust control,vhat vill that Unit he? The inforration available dees not remit corhlete assurance the. five nillicn is thoroughly safe nor has infomaticn been developed- pemicuu a better'estimate of safe dustiness. It is nevertheless of the greatest importance either that such assurances be sought or a nev yardstick of ccccnplishnent be found for ac curately noasuring any reraining hazard in ths dust cone beiev five rillir for the elirinaticn of future asbestosis depends upon the degree of ccr.tr<effected new. Heasuronsnt of Sustineas Qae ' basis of uncertainty as to applying present conventional counting techniquea to the reasurerent of asbestos dust hazards bslcv the five nil lion level is eumarized in the question -- are the fibers of ash* the causative agent or the nan-fibreus "cubical" particles that look like those of other industrial dusts? The nen-fibreus particles in nest tertij operutiens ccnprisc 80-95 per cent of the total dust seen in dust counting Vbilo it is proven that asbestos dust is the cause of ashestcs:. there is no certain Inforration as to vhat shape or size of dust is the causative factor. The correlation studios of the TJ.S.Public Health Servi- ------- ; employed conventional dust count techniques vhich, in effect, related inci.de or aabestesis to tea number of non-fibrous particles of a eize ranging frer to five or 10 micrcms. For illustration, suppose the causative dust element is semothirrdifferent, e.g., filers that are less than 50-60 microns long, and Isas tl* 1-2 microns in. diameter, The conventional dust count method vculd la anti,? factory only if there vere a fairly constant ratio Ictvcen the tvo types c:' dust; if vculd, in that case, provide an adequate, index. Preliminary Studies on Cualitiea of Aalastoa 5ust Vith a viev to eventual develcpnent of supplementary methods for measuring asbestos dust concentrations on a veight lasis, ve have conducts:', oens preliminary studies directed to the colcrirefrie determination of totssilica in the ninuto quantities of asbestos dust obtained in a typical atme. pheric sample. This requires development since it could provide a valuabl. tool for further investigation. Sub-eicroscooie -particles. and filers. Another aspect of the dust examination problem on vhich prelimicu. vork has been dene involved studies vith the electron microscope. V pose the tvo follcving questions: 1, Ordinary dust particles, cne to three sierras In diameter, prise nest of the particles in the dust count. They look like ordinary indua*tial dust and ve refer to them as "cubical" as distinguished from "film particles. Ike question is: are these particles in faet nen-filrous or . they * mdlea cf filers? 2, Secondly -- since the lirit of resolution of the ricrccccpe lenses used in dust counting does not pemit seeing particles very ruch sn, than one nicron, one =ay ash if there are nary filers of great length, but such snail viith that they are invisible? Sanples of amospherie duet vere obtained for enaninaticn 'ey the electron ricrcsccpe, by rcurtirg the esll specirsn slide used vith this instrunant, in the dust collecting zone of the electric precipitator. In c to eliminate ver7 large fibers, the air being carried vna caused to pass f1 through a glass spiral coated vith adhesive on its interior. This subjects the dust particles to centrifugal force and. the largest enss vouli be pre cipitated out, mch as they night be in the nasal passages of =n. Studies vith other induo trial dusts employing this spiral indicat that very rarely da cubical partibles larger than threo to five nisrens sue eeed in passing through the several turns of the spiral. In sables obtainsdvith thio apparatus in a card roor having a good dust control, ve obtained pictures, eons of which are reproduced in th attached figure. They denenstrate first, that the cubical particles seen > a lew pever light-aicrosccpe are in fact bundles of fiber rescnbling a lifv sice handful of partially opened fibers. Ihe picture further denonstrated that there are nary fibers cf siderable length, ecne fully 50 sicrons, vhese other dirrraicn is only a fraction of a nicron; the fiber is therefore invisible in the dust countin nicrcscc-DO. * .A V M O a f< O H I 2 oa 3 u 5 i M o co g 2u 3 H bS TUTS CIRCLE ) MICRON DIAMETER Eiey also shoved sera fibers a few niersns in length whose d is cal;* 0.01-0.02 ricrcns, although the ccrrrcneot particles are bundles oi fibers about 0.1 nicrcn in vidth. In addition to the light these obaerraricn3 throw on the sub- nicrosccpe character of asbestos dust, they are cited to indicate the oth;. qualities that night be pertinent to eoaluaticn of dust erpesure, to suppl' rent the dust count technique new in use. - z?i>rr icsurrsss or stock la investigations of the ^pe heirs preoe^iy considered, a. prir air must "be to develop improvements ia duet ccntol vith the *-?- 0f vr.roticn and expensive expsrinsntation on a plant scale. At the stage of development of the Indue try, causes of dust are very often not obvious, examination of dust count records made Available to us, combined vith the tests ve performed ourselves, provide numerous instances of variation, the cause of vhich is not apparent. We undertook recently to measure the amount of dust in the roving differont aanufac turors by suspending a measured quantity of roving in aloe then making a dust count in the same manner as vith air samples. The resul vould be expressed in millions of particles per yard of roving or per gram and vould be of great advantage in relating differences in dustiness to th. causative factor. Such a measurement technique vould be essential in apor ing the actual value of oil. We do not have sufficient data on this effort on vhich to drav c; elusions. There are difficulties to be overcome, and the solution depends sore laboratory experimentation. Another test method vhich vould be of value is a standardized m asical abuse of roving in a small vessel vhile sucking a stream of air vir resulting dust as ia ths sampling for ordinary dust counts. A test of thi kind, in conjunction vith the dustiness isdes vould be of value in evelum the oiling practice, or it sight take the place entirely of the procedure previously outlined. V *, OUTLETS 0? 5gCg?-g:rSD ??.CCZ3~S FOR AS5ZSTCSZS 277ZSTICATICKS X. vr *7::c A. Disserinaticn of Iristirc Infcr-aticn Provide factual inforzaticn to Institute neniers vith least pc delay; prepare bulletins vith design scotches on sene or all c several subjects listed belcv, to be distributed singly as rea Additional field observations required in cany cases. 1. Carding dust central; for various zakes of nachir.es 2. Dust in orecarat! cn. niscellaneous operaticna .3 Wet vcarlr.g equipnsat Zzhauat for Drr veaviag .5 Inhaust for vinders. etc. .6 Zesign of duct verb .7 resign of dust house B. Pevcloczsnt of TTcv Techniques for Sust Control In-this category, the problens for vhich there are no present savers: Ilka twisting, spinning, appraisal of cpsraticn, ""efficiency and cost of cczrcrcial dust collectors, etc. TT METICAL A. Institution of Periodic Medical Examinations Clio is urgently recommended to all companies. Medical advice a.o to organizations procedures yill 'be given by the Foundation upon request. 3. Cr.raniznticn of & Tirt.Trestle 1 for Asbestosis Arranged by the Foundation's Medical Tirsctor and organised to coet in Pittsburgh at suitable intervals for scientific review of dia<postic problems, reading of x-ray files, etc. Paacl to consist of individual company physician or nsdical consultants together with other nsdical authorities to be dc tomined. C. Statistical Study cf Existing Medical Pccords Tesigned to find answers to important questions concerning cedical and physical nature cf ascestcsie; ccpccially concerned with records of State of Ilorth Carolina, Metropolitan Life Insurance Commany, etc. in. PHYSICAL USTZTC -- (Further Bust Studies) Studies of physical and chcmica_ cr acteristics of asbestos dust designed, in conjunction with :dical studies, to prevade core significant information concc: .an tho nature cf the dust exposure; to develop supplementary techniques for measuring remaining ascestcsis hazard after reduction of. dust to mset the present standard; to insure that effective control of dust has been attained. Shis is a step by step program aimed at the elimination of ashestosis cases from the plants of Asbestos Textile Znsti tute members. /y / 2, i ( (_ Mr. Hugh M. Jackson l.nduslr !.\1 Health Pro^ Jdur.r -Manvilla Corpora 22 fiat \0lh St r ; c t New York 16, Hew York At the time of ou; Mealing you and I dlscuaseJ `.ha tta'.-.u o( the ATI study, and I promised to send you material which might be help ful. I realise that you will not be unin; U until January cr ; Ur ua: y. but thought I would send you what *>o turr.od uu irr. media t ciy. V. e will continue to search and will scud you anything more that we find before tnc : 1 rr>c of your meeting;. In Che American Journal of Medicine for November l'}53, iajsib.-chcr, Klaua. and Hardy have an artlclo cntitlod, "A she a cosis and 2:mc*.ogcnlc Carcinoma". They report ona ease bul review tbe literature ana they tatc that "about 10, QUO workers arc pro'oabiy engaged in potentially it.i e a r uo a a asbostoi muaufactur lng operations in the United States. Mom of the industry la engaged In aabcatoa textile manufacturing............" As early lu I'Mh L-ansa. estimated that about 12, 000 Indl vidua.! a were employed Ln toe chief -unes'-us planer. in the United biatej, ot whom 10,000 might he exposed, Kmahu ./ ana Garland In their book. ''Oiao-i aes of the Cher;", juat off the prera, at.it-, in part "c.xpoauro occurs in Industrial plant! where asbestos product a are fabri cated ami amonij those who Install Insulating material*; the eptnnlng and weaving of asbestos In combination with other textileu also results in eapoaure". The 1 a su Toucher artlclo collect* 20 cauos including their own, of */hlch 10 Apparently occurrod In thl* country. The occupations of their :C casei Mire :i follow a; tliroo weavers, Sfl pipe Insulators, one pipe C ever or, one nl-uioi mill w-orbur and nortar, and throe no: known. Jho occupations of the other 10 (foreign) case* woro as follow*; aplr.r.cr; rr.-ttrnos and open;.-.;; departments; packo r - ato r a depa rttr.cnt; carder, spinner, and weaver; preiplnnins-i) lernlily room; machine sdjuator: ba.jijor; pipe coverer; "i:bc u:j worker"; and one w uO spent 16 year* to an aabestoa pl.M although the occupa tion Is not given. Mr. H^jh M, J.xc.ycm. 1 ,*'CC||il):r (,, < " *j f. C'ic couclmion of thin article La 11-vi asbestos la at.jocl-U.nl with brcnMio.iciuc carrino-.n.i in 1 i.-hf* of the c.'*ca cited in the liter.itur*j. Doll, ''Mortality from Lung Cancer In Anbesta* Workers", iir:t:s-j Journ. Ind. Mod., April l?55, pruocntj data on 18 carer, of h;n^ zr.r.cnr ii;r- noeod *t .nitopoy ioioiiit 105 consecutive autopsies of '*m k:ri i:t a large worVs, r lftcon Of Lho IS hod &*btoais and throe did not. These Individual* were not minor*, of course, and their occupation* inciudod: nine weaver*, thrso fiberlaer*, t wo di a imeg rotor a, or.a bag carrior, two spinncrB, ..sd enu maintenance man. Ln addition, we hove found article* reporting at lea*: sever, other coica, mostly Ln the foreign literature and many of which do not specify the occupation. L. Vf. Smith, "Pneumoconloai and Lung Cancer", Corr.penaaticn .Medicine, November 1949, states that the Anioricafl and LTnglijh figures car* ro*pond so closely that It become* more and more difficult to abaolva ii'acs'.as a i a potr-tji.1 factor in the development of pulmonary cancer. lie quotes ,i re cent editorial in the JAMA as follows: "A* the available evidence chow* that the occurrence oi cancer of the lung is related to pulmonary uibcotosis ana is not merely a poroible equola of exposure to asbestos duu t. and states VMthet claims for compensation will become of IncreauIng frequency due to the general increase of carcinoma of the lung. I hope that this material v/ili bo helpful to you in enlightening the repre jci'.ttvvs of the textile InMuetry. We will continue to *nd "ammunition" 13 we unc ovu r 11. WiLh kindeot personal regards. Sincerely your*, DC L): if Daniel C. Lirat-n, M.D. Medical Director August 23, 1 ?5T Mr. Hugh M. Jnckson, Manager industrial Health Program Johns-Manvilis Corporation 22 .ar: <Cth Street Now York 16, New York Lear Hugh: Thank you for your letter of August 19 regarding tho CopumUr meeting of the ATl, As a matter of fact, having c&mploted tho literature search, it is apparent to us that th* possibility of an association between lung etnear and asbestosis is couch more likely to exist in asbestos factories than in mining operations. Tor example, of 99 cases which heel been reportei up to 1955, at least SO appear to bars occurred in asbestos workers other than miners. A number worn woman, end the occupations given wirt: weaver, carder, mattress maker, lagger, bagger, pipe coverer, spinner, etc. Two specific artlclee which mansion the type of expoduro ar.d the job is" that by Doll (l)ond that by Issalbacher, el.al.(2). Seventeen cases studied by Gloyna and 31 reported by Merewether, ae well as three mrnticnaU by Harrison and one each by Ccroton and Owen occurred in Lngljnd. If my information io correct, there is no mining of asbestos in England, and these must all have been workers in textile or similar jobs, in this country, the ten cases reported were apparently all in textile workers. The first case, reported in 1935 by Lynch and Smith wae a weaver in an asbestos factory for 21 years. Isselbachar's cases Involved a contractor's helper engaged in cutting and sawing asbestos board and sortar in an asbestos mill. Ur. Hush M. Jackson -2- August 23, * ?57 The QAM A study is in the final stag*! which are, of course, ths slowest. All of the statiaiical analysis ban been completed, and the report is 'i9 ? written. WTiat remains is mainly minor revisions, typing the manuscript and proofing. It should go to the print shop by the end of this month. I hope this supplies you with what you need for the meeting. If there Is anything further, please let me know and I will try to get it to you in time. Sincerely yours, LCD:U ilnciosure Daniel C. Braun, M,Q, Medical Director .Reference* i. Doll, P..1 Mortality from Lung Cancer in Asbestos Worker*. Brit. J. Indust. Mod. 12, 81-86, 1955. 2. loaalbacher, K. J.; Klaus, It,; and Hardy, H. L.: Asboatoeis end 3rui*chc2anic Carcinoma, Am, J. Msd. _15_, 721*7 32, Ncverr.bc 19 r- 3. /' 3. Doll, R.: Bronchial Carcinoma: Incidence and Aetiology (Milroy Lectures, abridged) Brit. M. J. , 2,, 521-527, Sept. 5, 1953; 565-590, Sept. 12, 1953.