Document G6Yo1nVJpz5KD1oaRMQkYopx7

FILE NAME Cape Asbestos CAPE DATE 1982 May DOC CAPE178 DOCUMENT DESCRIPTION Deposition of Max E. Meyer Legal - Tibbs Case Exhibit 76 Meyer 18-19 / Eskubits ELECTRONICAL Y ELECTRONICALY Inc. ELCTRONIAY IN THE UNITED STATES DISTRICT COURT . FOR THE EASTERN DISTRICT OF PENNSYLVANIA R. DEAN MUSSER and CIVIL ACTION HELEN L. MUSSER his wife FILED - Services vs. 2023 MANVILLE CORPORATION Services 43-1025 ET AL No. 81-3929 Oct 18 Services 60602 Services ILNOIS R. RAY ZUG and BETTY R. ZUG VS. MANVILLE ET AL CORPORATION CIVIL ACTION 12:30 PM - RICHLAND No. 81-1269 - ReportingReporting 10 JACOB GEESEY and JANE GEESEY 11 VS. CIVIL ACTION COMON 12 PLEAS MANVILLE CORPORATION Reporting Reporting ET AL Reporting 13 No. 81-1274 PLEAS - 14 Reporting Reporting Reporting 15 16 STRET Court 17 KATHERINE DITZLER VS. MANVILLE ET AL CORPORATION CIVIL ACTION 203CP41759 No. 81-1446 203CP401759 18 MADISON 19 WARREN LOSER and BETTY LOSER VS. CIVIL ACTION 20 WEST Victoria 189 21 22 Victoria 23 Victoria 24 MANVILLE CORPORATION ET AL WARREN WOLFE and JUDITH WOLFE VS. MANVILLE ET AL CORPORATION , No. 81-1266 CIVIL ACTION No. 81-1272 WILLIAM SHIRLEY CROCKETT CROCKETT and CIVIL ACTION ELECTRONICAL Y ELECTRONICALY ELCTRONIAY VS. - MANVILLE CORPORATION ose Ae ET AL No. 81-1268 0 FILED - 2023 ee GEORGE DIEM and SHIRLEY DIEM CIVIL ACTION VS. Oct 18 MANVILLE CORPORATION ET AL No. 81-1271 12:30 PM - PAUL J. BOYER and CIVIL ACTION EVELYN M. BOYER 10 11 MANVILLE CORPORATION ET AL 12 13 CLAIR A. WALKER JR and BETTY A. WALKER his wife 14 RIC-HLAND COMON No. 81-1267 CIVIL ACTION PLEAS PLEAS - VS. 15 16 MANVILLE CORPORATION ET AL 17 18 19| EVELYN .. HALDEMAN Executrix of the Estate of Max K. Haldeman deceased CASE No. 81-4886 2023CP40 1759 203CP401759 CIVIL ACTION 203CP401759 20 VS. 21 MANVILLE CORPORATION ET AL 22 No. 81-4882 23 24 SALVATORE BONFIGLIO and SUSAN BONFIGLIO w VS. BELL ASBESTOS ET AL MINES LTD ELECTRONICAL Y CIVIL ACTION ELECTRONICALY ELCTRONIAY No. 81-2612 FILED - 2023 Oct The deposition of MAX E. MEYER called for 18 12:30 examination pursuant to notice and the Rules of 12:30 Civil Procedure for the United States District Courts PM - RICHLAND pertaining to the taking of depositions taken before 10 Robin M. Tokarz and Claudia Ream notaries public RICHLAND .11 - within and for the State of Illinois and County of COMON 12 Cook at 8300 Sears Tower Chicago Illinois on the 13 PLEAS 18th and 19th days of May 1982 at the hours of 14 - 10:00 o'clock a.m. and 5:00 o'clock p.m. respectively 15 203CP41759 PRESENT 16 PORZIO BROMBERG & NEWMAN 203CP401759 17 BY MR MARC Z. EDELL 163 Madison Avenue 18 Morristown New Jersey 07960 203CP401759 19 on behalf of Lac d'Amiante du Quebec Ltee 20 PEPPER HAMILTON & SCHEETZ 21 BY MS ELLEN M. CAVANAUGH 123 South Broad Street 22 Philadelphia Pennsylvania 19109 23 on behalf of Lac d'Amiante du Quebec Ltee 24 13 ELECTRONICALLY ELCTRONIAY Q When you say it was a subsidiary are you talking about Cape Industries Overseas Limited A Yes FILED - 2023 Q . And what if any relationship does Cape ay Lcoato Oct have HF Asbestos Limited to Cape Industries 18 A They are the same corporation Cape 12:30 PM Asbestos Limited changed its name to Cape Industries - Limited RICHLAND At what point in time sir - 10 A I believe in 1975 11 Q At the time that there was a transfer of COMON 12 PLEAS ownership North American Asbestos Corporation 13 - A That's my recollection 14 Q Now with respect to Don Friction who was th 15 owner of that company 203CP41759 16 MR WARREN I object to that question instruct 17 the witness not to answer 18 MR EDELL Just for the record my silence is 19 not an acquiescence of your direction If some 20 court deems it appropriate to continue the deposition 21 of Mr. Meyer based upon the erroneous direction you 22 have made I would obviously seek costs including 23 travel expenses to Chicago 24 MR WARREN My understanding is that we're here te) 14 ELCTRONICALY pursuant to Judge willing to listen Becker's order to an offer of and that proof on I would be ELCTRONICALY how this is FILED relevant to the dissolution of North American - MR LEVIN offer of proof Is Judge Becker going to listen to H 20230 too or will you decide it 18 MR EDELL I'm not trying the case right now 12:30 Counsel I don't have to make an offeorf proof PM I - RICHLAND think the questions are relevant I don't have to explain to them why they are Obviously you think - 10 COM ON they are not - not germain That's your perrogative 11 BY MR EDELL PLEAS 12 Q Sir did you ever hear of a corporation or 13 - an entity called Associated Minerals Corporation 14 A Yes I have heard of it 203CP41759 15 Q In what context 16 A My recollection is that it's in the context 17 203CP401759 of assigning a trademark to it 18 Q And what trademark was assigned to it 19 A Trademark called Noramite 20 01 Noramite was a trademark for a product 21 manufactured by North American Asbestos Corporation 22 is that correct 23 MR WARREN Object to the form You answer 24 if you know ELECTRONICAL Y 15 ELECTRONICALY ELCTRONIAY BY MR EDELL FILED Don't answer if you don't know Go ahead sir I'm sorry - 2023 A Noramite as I understand it was a trademark Oct in connection with the use of asbestos mat and plasti18 At one time in the did at least on an early 60s North American Asbestos 12:30 experimental basis try PM manufacturi q CRIHLAND the mat and sold it -~ tried to sell it to companies that might use it in manufacturing plastics but - 10 COM N after a couple years year and a half two years or 11 something the whole thing was abandoned discontinued PLEAS 12 MR EDELL Will you start marking these - 13 Exhibits No. 1 through 6 14 marked as requested 15 203CP41759 BY MR EDELL 16 Q Sir I'm going to show you documents which 17 have been marked as Meyer Exhibit 1 2 3 4 and 6 18 and will you identify those documents in the order in 19 | 20 which they have been marked sir A One is the minutes of a regular meeting of 21 directors of North American Asbestos July 21 1958 22 Q Is that an accurate copy of those minutes 23 sir 24 A It appears to be That's my signature on it wie ELECTRONICAL Y 16 ELECTRONICALY ELCTRONIAY Q Okay FILED A No. 2 appears to be minutes of the special meeting of directors of North American Asbestos - 2023 Corporation of December 11 1958 Oct No. 3 appears to be minutes of a special 18 meeting of directors of North American Asbestos 12:30 PM Corporation of February 22 1962 - RICHLAND No. 4 appears to be minutes of the annual meeting of directors of North American Asbestos - 10 COMON Corporation April 11 1962 11 No. 6 appears to be minutes of a special 12 meeting of directors of North American Asbestos PLEAS - 13 Corporation December 10 1962 14 Q Are all those minutes signed by you sir 15 203CP41759 A Yes 16 Q And do you recognize them as true and 17 accurate copies of the original minutes 18 A Well I haven't read them in detail but I 19 have no reason to think they are not 20 Q If you'd like to satisfy yourself you 21 can sit there and you can read them I don't want to 22 waste your time but they were supplied to me by 23 counsel for North American I'll make that representation representation 24 for you ELECTRONICAL Y 17 ELECTRONICALY ELCTRONIAY A As I say as far as -- without having the originals here to compare them I believe they are FILED . yes - 0 I'm going to show you a document which has 2023 Oct been marked as Meyer 5 for identification It's 18 a number of pages but can you tell us what that is s 12:30 or that purports to be PM - A They purport to be bills from the law office RIGHLAND of Lee and Smith with respect to renewal of the - 10 trademark Noramite 11 And can you tell us specifically how that COMON PLEAS 12 transfer of trademark occurred sir PLEAS 13 A To the best of my recollection some months - 14 nearly a year after North American Asbestos had been 203CP41759 15 dissolved a trademark lawyer contacted me or somebody 16 and said there's a trademark Noramite that was 17 apparently in the name of North American Asbestos 203CP401759 18 Corporation that is expiring or up for renewal and 19 the question is whether it should be renewed It 20 hadn't been used for years but I contacted Mr. Penna 21 at Cape Industries Overseas Limited in London and 22 asked if they wanted it renewed for any reason and 23 they said yes decided yes to have it renewed 24 18 ELECTRONICAL Y ELECTRONICALY ELCTRONIAY And the question is since North American Asbestos was out of business who should it be FILED renewed to and they said to Associated Minerals - Corporation And my recollection is that that's 2023 Oct what was done 18 12:30 Q Now Mr. Penna is Anthony J. Penna 12:30 A Well Tony Penna PM - Q Tony And he's an attorney a solicitor RICHLAND or barrister over there in England - 10 A Yes 11 Q And am I correct sir that the trademark COMON 12 PLEAS was first transferred to you and then you transferred 13 it to Associated Minerals Corporation 14 MR WARREN Objection to the form 203CP401759 15 MR EDELL What's wrong with the form of the 16 question 203CP401759 17 MR WARREN It assumes facts without simply 18 asking him how was the transfer done 19 BY MR EDELL 20 Q. Okay you can answer sir 21 A I don't recall the details It could be 22 correct 23 Q Why don't you take a look at the first page 24 document D.L. 5 for identification ask you if that foreman 19 ELECTRONICAL Y ELECTRONICALY ELCTRONIAY refreshes your recollection A I read what it says but I don't recall as to how the mechanics were done FILED - 0 Was that bill prepared by your office sir 2023 Oct A By my office No. 18 the Q Let attorneys me see that This bill was prepared Lee and Smith is that correct by 12:30 PM - A Yes I assume so RICHLAND 0 And who if anyone -- strike that - 10 Do you know why they sent the bill to 11 you sir COMON 12 A I employed them to do the services you PLEAS 13 Q I see And did review the bill to - 14 ascertain whether or not it was correct or incorrect 15 prior to its payment 203CP41759 16 A I'm sure I looked at it yes 17 -- Do you have any reason to believe that the 18 statement contained on the first page of the document 19 Meyer 5 is incorrect with respect to what occurred 20 A No I do not 21 0 And that statement in part indicates that 22 there was an assignment from North American to you 23 and that there was an assignment from you to AMC 24 is that correct sir