Document GKa2z17zd7zkavdOgbe1qbgN

Volume p* --------- T^k Exhibits X^ IN THE UNITED STATES DISTRICT COURT FOR MIDDLE DISTRICT OF GEORGIA MACON DIVISION THE CORPORATION OF MERCER UNIVERSITY, Plaintiff v. NATIONAL GYPSUM COMPANY, et al, Defendants ) ) ) ) ) ) Case No. ) ) 85-126-3-MAC ) ) ) ) ) Deposition of RICHARD LEVINE, taken on behalf of the Plaintiff, pursuant to the Federal Rules of Civil Procedure, before Germaine V. Letoile, a Shorthand Reporter and Notary Public within and for the Commonwealth of Massachusetts, at the Offices of the Division of Occupational Hygiene, Commonwealth of Massachusetts, Department of Labor and Industries, 1001 Watertown Street, West Newton, Massachusetts, commencing at 2:30 p.m. on Friday, January 17, 1986. Irene M. Arabian Certified/Registered Professional Reporter AS East India Row, Suite XO*E Boston, Massachusetts onto (617) *67*8888 2 1 APPEARANCES; 2 MARY CAROLINE PARKER, ESQ., [BRACEWELL & PATTERSON], 3 1825 Eye Street, N.W., Washington, D.C. 20006, 4 for the Plaintiff. 5 JOHN J. WILES, ESQ., [MITCHELL, LOGGINS, CAMPBELL & ELSBERRY, P.C.], 6 Suite 400, 990 Hammond Drive, Atlanta, Georgia 30328, 7 for the Defendant Owens-Illinois. 8 JAMES P. DELPHEY, ESQ., [HERRICK & SMITH], 9 100 Federal Street, Boston, Massachusetts 02110, 10 for the Defendant W. R. Grace Company. 11 12 13 14 15 16 17 16 19 20 21 22 23 24 Irene M. Arabian 3 1 INDEX 2 Deposition of:..................................................Direct Cross Redirect 3 RICHARD LEVINE 7 26 38 4 5 6 Number EXHIBITS For Ident 7 1 - Bulletin No. 492 dated February, 1949, of Mass. Department of Labor & Industries, 8 Division of Occupational Hygiene, entitled "Recommended Safe Practices - Mineral Data 9 Sheet No. 2 - Asbestos" 4 10 2 - Letter dated October 31, 1934, from Manfred Bowditch, Director of Division of Occupational 11 Hygiene, to Bradley Dewey, President of Dewey and Almy Chemical Company 4 12 3 - Letter dated November 8, 1934, from Bradley Dewey 13 to Manfred Bowditch 4 14 4 - Letter dated November 9, 1934, from Manfred Bowditch to Bradley Dewey 15 4 5 - Handwritten memo entitled "Dewey & Almy Chemical 16 Co.," dated 12/11/34 4 17 6 - Notes by H. B. Elkins in re visit to Dewey & Almy Chemical Company on November 27, 1934, 18 and December 11, 1934, and to Multibestos Company on November 28, 1934 4 19 7 - Letter dated December 10, 1937, from 20 Manfred Bowditch to Anthony J. Lanza, M.D., Assistant Medical Director of Metropolitan 21 Life Insurance Company 4 22 8 - Letter dated December 13, 1937, from A. J. Lanza, 23 M.D., to Manfred Bowditch 5 24 9 - Letter dated December 14, 1937, from Manfred Bowditch to Anthony J. Lanza, M.D. 5 Irene M. Arabian  ] 2 3 Number I dent INDEX (continued) exhibits For 4 22 - Letter dated March 28, 1938, from Bradley Dewey to Manfred Bowditch 6 5 23 - Letter dated March 30, 1938, from Manfred Bowditch 6 to Bradley Dewey 6 7 24 - Handwritten memo dated 12/12/38, entitled "Dewey & Almy 1383" 8 6 25 - Letter dated November 8, 1939, from Bradley Dewey 9 to Manfred Bowditch 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Irene M. Arabian 5 1 [Letter dated December 13, 1937, from A. J. Lanza, M.D., to 2 Manfred Bowditch, marked Exhibit No. 8 for Identification.] 3 [Letter dated December 14, 1937, 4 from Manfred Bowditch to Anthony J. Lanza, M.D., marked Exhibit No. 9 5 for Identification.] 6 [Letter dated December 14, 1937, fron Leroy U. Gardner, M.D., Director of 7 The Saranac Laboratory for the Studj of Tuberculosis of The Edward L. 6 Trudeau Foundation; letter dated December 14, 1937, from Leroy U. 9 Gardner, M.D., to Dr. Anthony J. Lanza; marked Exhibit No. 10 for 10 Identification.] 11 [Letter dated February 17, 1938, from Manfred Bowditch to Leroy U. 12 Gardner, M.D., marked Exhibit No. 11 for Identification.] 13 [Letter dated February 19, 1938, 14 from Manfred Bowditch to Bradley Dewey, marked Exhibit No. 12 for 15 Identification.] 16 [Letter dated February 23, 1938, fron Bradley Dewey to Manfred Bowditch, 17 marked Exhibit No. 13 for Identifi cation.] 18 [Letter dated March 4, 1938, from 19 Manfred Bowditch to Bradley Dewey, marked Exhibit No. 14 for Identifi 20 cation. ] 21 [Letter dated March 4, 1938, from Manfred Bowditch to Anthony J. Lanzc, 22 M.D., marked Exhibit No. 15 for Identification.] 23 [Letter dated March 4, 1938, from 24 Manfred Bowditch to Leroy U. Gardner, M.D., marked Exhibit No. 16 for Tdf>n'H f i ffa + i rm ]____________________________ Irene M. Arabian 6 1 [Letter dated March 7, 1938, from C. M. Cummings, Secretary to 2 Dr. Gardner, to Manfred Bowditch, marked Exhibit No. 17 for Identifi 3 cation.] 4 [Letter dated March 8, 1938, from A. J. Lanza, M.D., to Manfred 5 Bowditch, marked Exhibit No. 18 for Identification.] 6 [Letter dated March 10, 1938, from 7 Manfred Bowditch to Bradley Dewey, marked Exhibit No. 19 for Identifi 8 cation. ] 9 [Letter dated March 22, 1938, from Leroy U. Gardner, M.D., to 10 Manfred Bowditch, marked Exhibit No. 20 for Identification.] 11 [Letter dated March 24, 1938, from 12 Manfred Bowditch to Bradley Dewey, marked Exhibit No. 21 for Identifi 13 cation.] 14 [Letter dated March 28, 1938, from Bradley Dewey to Manfred Bowditch, 15 marked Exhibit No. 22 for Identifi cation.] 16 [Letter dated March 30, 1938, from 17 Manfred Bowditch to Bradley Dewey, marked Exhibit No. 23 for Identifi 18 cation. ] 19 [Handwritten memo dated 12/12/38, entitled "Dewey & Almy 1383," markec 20 Exhibit No. 24 for Identification.] 21 [Letter dated November 8, 1939, from 22 Bradley Dewey to Manfred Bowditch, marked Exhibit No. 25 for Identifi 23 cation.] 24 Irene M. Arabian 7 1 MS. PARKER: This will be the deposition of 2 Mr. Richard Levine, and I propose that the deposition 3 be taken according to the Rules of Civil Procedure and 4 that we agree to reserve all objections except as to 5 the form of the question and responsiveness of the 6 answer until the time of trial, if that's agreeable 7 with you gentlemen. 8 MR. DELPHEY: I would also like to reserve 9 motions to strike until the time of trial as well. 10 MR. WILES: I would just like to make a state 11 ment on the record, if I could. Owens-Illinois -- I an 12 John Wiles, and I represent them -- is objecting to 13 this deposition for the fact that the Notice was very 14 short notice. We have had no opportunity to prepare. 15 Additionally, the Notice of Deposition does not 16 have a filled-out Certificate of Service showing when 17 the papers were served, and we received this Notice on 18 Monday afternoon and thus have been unable to prepare 19 for this deposition. 20 MS. PARKER: Okay. Would you please swear the 21 witness. 22 RICHARD LEVINE 23 a witness called on behalf of the Plaintiff, first 24 having been duly sworn, on oath deposes and says as Irene M. Arabian 8 I follows: 2 Direct Examination by Ms. Parker 3 4 Qi Mr.' .Levine, would you state your full name and address 5 for the record? 6 JL Richard Levine, 30 Doppling Brook Road, Sherborn, 7 Mass. Did you say occupation? 8 Ql I didn't, but you may state that, also. 9 Qi I am the Acting Director of the Division of Occupational 10 Hygiene, Department of Labor and Industries, 11 Commonwealth of Massachusetts. 12 Q. My name is Mary Caroline Parker, and I represent 13 Mercer University in a suit which involves the removal 14 of some construction products that contained asbestos. 15 Mr. Levine, have you had your deposition taken before? 16 A On this case? 17 Ql On any case. Have you ever had a deposition taken? 18 A Yes, I have. 19 Qt So then you are aware that in a deposition you are 20 under oath just as if you were before a judge and a 21 jury and that your testimony possibly could be used at 22 trial? 23 A Correct, yes. 24 [Discussion off the record.] Irene M. Arabian 9 t 1 0 Mr. Levine, you stated that you are the Acting 2 Director of the Division of Occupational Hygiene. 3 How long have you held that title? 4 JL Since November 6, 1985. 5 & And I assume that you -- 6 JL I'm sorry. October 6, 1985. 7 & And I assume that you worked for the Division of 8 Occupational Hygiene before that, also. 9 A. Correct. 10 & How long have you been with the Division of Occupationajl 11 Hygiene? 12 A. Since February 1st, 1981. 13 & Could you just briefly tell us the function of your 14 office? What is the purpose of this agency? 15 A. This agency's function is to insure that the workplace 16 is a safe environment for workers. 17 & And when was this Division founded? 18 JL This Division was founded approximately 51 years ago, 19 1934 or '5. I am not quite sure which year. I think 20 it's 51 years. 21 & And it had the same purpose then as it has now? 22 JL Correct. 23 & Now, would one of the activities of your Division be 24 to issue Bulletins that would describe recommended Irene M. Arabian 10 1 safe practices for dealing with hazardous substances? 2 A Correct. 3 fit And this is something that the agency would do in the 4 regular course of its business? 5 A Yes. 6 Qi Would the Division keep a record of those Bulletins or 7 keep them in a file in the regular course of its 6 business? 9 A Yes. 10 Ql And, if you wanted to go look one up, then where would 11 you go? 12 A We have a notebook, hopefully, of all Bulletins, and 13 as we revise them and make a new one on the same one 14 we would enter it into that notebook. 15 Ql Let me show you what has previously been marked as 16 Exhibit 1, and I would ask you to just take a look at 17 it. For the record, I will identify it as a one-page 18 Bulletin, Bulletin No. 492, dated February, 1949, and 19 it is entitled "Recommended Safe Practices Mineral 20 Data Sheet No. 2 Asbestos." Mr. Levine, have you had 21 an occasion to see this document in the notebook that 22 you referred to earlier? 23 A Yes, I have seen this one. 24 Ql So do you have any reason to suspect that this document Irene M. Arabian 11 1 which is marked as Exhibit No. 1 is not a true and 2 correct copy of that document which is in your note 3 book? 4 A I have no reason to believe that it is not correct. 5 Q. So then this is a copy of a Bulletin that was issued 6 by your Division in 1949? 7 A. Yes. 6 Q, Mr. Levine, could you just briefly describe the duties 9 of the Director of the Division? 10 A. Okay. It would be to administer various programs that 11 we are mandated by the Legislature to do, such as our 12 regular occupational health program one would be to 13 insure that there is a safe and healthy work environ 14 ment. We have an asbestos section that we have been 15 mandated to survey and recommend in all public build 16 ings in Massachusetts. We also have a right-to-know 17 section here which has to do with the different people 18 in education in the workplace of hazardous materials. 19 We also have an OSHA consultation program here. And 20 the Director is responsible for those four programs 21 here. 22 Qi Would the Director normally write letters in the course 23 of his activities to representatives of industry con 24 cerning safety in the workplace and concerning health Irene M. Arabian 12 ] problems? 2 A It could be that in the past the Director could have 3 sent out letters when there were particular problems 4 in a particular industry. 5 & And I assume, then, that you would have also received 6 letters from those companies back'. 7 A. Correct. 8 & Would those letters and copies of those letters normal] Y 9 be preserved in the course of the business of this 10 agency in some file or record-keeping system? 11 A Yes. We generally save all our correspondence all the 12 way back in our files. 13 & Could you describe briefly how your files are set up? 14 Are they set up chronologically, or are they set up 15 by subject matter, or are they set up by company? 16 A Generally, the way we -- we operate, first of all, by 17 answering in the regular program employee complaints. 18 It would be a main function of it. And then we would 19 keep our files by company name generally, and one file 20 would have all the complaints, whether they are 21 related or not to each other, in that company file, 22 and they would generally be in the file chronologically 23 but one file per se. 24 But in the case of a major company like, say. Irene M. Arabian 13 1 General Electric, where they have various plants in 2 Massachusetts, there might be sub-files on various 3 locations. It might be in a separate file but still 4 filed under, say. General Electric. But there may be 5 four or five different locations with four or five 6 different files. 7 Ql Well, I notice that you have a file on the table before 8 you. Mow, is this one of the files that you were 9 describing? 10 A. Yes. As you can see, this one was 235 Harvey Street, 11 Cambridge. I am not sure -- 12 Ql And it's entitled "Dewey and Almy"? 13 A "Dewey and Almy Chemical Company." 14 Qi Mr. Levine, I am going to show you some documents that 15 have been copied from the documents that are in that 16 file here in your office, and basically I am going to 17 ask you the same questions about each and every docu 18 ment. I would like to show you the document that has 19 been marked as Exhibit 2, and for the record Exhibit 2 20 is a one-page letter to Mr. Bradley Dewey, President 21 of the Dewey and Almy Chemical Company, from 22 Manfred Bowditch, Director of the Division of Occupa 23 tional Hygiene; and it's dated October 31, 1934. 24 Mr. Levine, is this a true and correct copy of a Irene M. Arabian 14 1 document that is in your file? 2 A Yes. 3 Q. Do you have any reason to suspect that this document 4 is not authentic? And by that I mean that it is not 5 what it purports to be. 6 A 1 have no reason to suspect that. 7 Ql And was this document found where you would be likely 8 to find it if it were a true and correct document? 9 A Yes. 10 Ql Let me show you what has been marked as Exhibit 3, 11 and after you have had a chance to review it would you 12 please tell me if this appears to be a true and correct 13 copy of a document from your file? 14 A Yes. 15 Qt Do you have any reason to suspect that this document 16 is not authentic? 17 A No. 16 Qi And is your file a place where this document is most 19 likely to be? 20 A Yes. 21 MS. PARKER: Let me identify that. That is a 22 one-page letter to Manfred Bowditch from Bradley Dewey 23 dated November 8, 1934. 24 Qi Exhibit No. 4 is a one-page letter to Bradley Dewey from Irene M. Arabian 15 % 1 Manfred Bowditch dated November 9, 1934. Mr. Levine, 2 is this a true and correct copy of a document from your 3 file? 4 A Yes. 5 Qt Do you have any reason to suspect that the document is 6 not authentic? 7 A. NO. S Q And did you find this where it would be likely to be 9 found? 10 A Yes. 11 Q. Mr. Levine, I show you Exhibit No. 5, which is a one12 page handwritten note. Does this appear to be a true 13 and correct copy of a document from your file? 14 A Yes. 15 Ql Do you have any reason to suspect that the document is 16 not authentic? 17 A No. 18 Ql Was it found where it would be likely to be found if 19 it were authentic? 20 A Yes. 21 Ql Mr. Levine, I show you Exhibit No. 6. It's a seven22 page typewritten Report entitled "Notes on visit to 23 Dewey & Almy Chemical Company, Cambridge, on 24 November 27, 1934, and December 11, 1934, and to the Irene M. Arabian 16 1 Multibestos Company, Walpole, on November 28, 1934. 2 By: H. B. Elkins." Is this document a true and correc t 3 copy of a document from your file? 4 Jl Yes. 5 Ql Do you have any reason to suspect that the document 6 is not authentic? 7 Jl No. 8 & Was it found where it would be likely to be found if 9 it were authentic? 10 A. Yes. 11 fr. Let's look at Exhibit No. 7. This is a one-page 12 letter to Anthony J. Lanza, M.D., from 13 Manfred Bowditch, dated December 10, 1937. Mr. Levine, 14 is this a true and correct copy of a document from youx 15 file? 16 A. Yes. 17 & Do you have any reason to suspect that it is not 18 authentic? 19 A. No. 20 & Was it found where you would be likely to find it if 21 it were authentic? 22 Jl Yes. 23 & Exhibit 8 is a one-page letter to Manfred Bowditch 24 from A. J. Lanza, M.D., dated December 13, 1937. Irene M. Arabian 17 1 Mr. Levine, is this a true and correct copy of a docu 2 ment from your file? 3 A Yes. 4 Qi Do you have any reason to suspect that it is not 5 authentic? 6 A. No. 7 Ql Was it found where it would be likely to be found if 8 it were authentic? 9 A. Yes. 10 Qi I have passed you Exhibit 9. This is a one-page lettei 11 to Anthony J. Lanza, M.D., from Manfred Bowditch, 12 dated December 14, 1937. Is this a true and correct 13 copy of a document from your file? 14 A Yes. 15 Ql Do you have any reason to suspect that the document 16 is not authentic? 17 A No. 18 Ql Was the document found where it would be likely to be 19 found if it were authentic? 20 A Yes. 21 Ql I have now passed you Exhibit 10. This is two pages, 22 and.the first page is a letter to Manfred Bowditch from 23 Leroy U. Gardner, M.D., dated December 14, 1937, with 24 enclosure. The second page is a portion of a letter Irene M. Arabian 18 1 to Dr. Anthony J. Lanza from Leroy U. Gardner, M.D. 2 Is this a copy of a document from your file? 3 A Yes. 4 Qt Do you have any reason to suspect that this document 5 is not authentic? 6 A No. 7 0. Was this document found where it would be likely to be 8 found if it were authentic? 9 A Yes. 10 Qt I show you what has been marked as Exhibit 11. This 11 is a one-page letter to Leroy U. Gardner, M.D., from 12 Manfred Bowditch, dated February 17, 1938. Mr. Levine 13 is this a true and correct copy of a document from 14 your file? 15 A Yes. 16 Ql Do you have any reason to suspect that the document is 17 not authentic? 18 A No. 19 Qt Was this document found where it would be likely to be 20 found if it were authentic? 21 A Yes. 22 Qi If you would please look at Exhibit 12, which is a 23 one-page letter to Mr. Bradley Dewey from Manfred 24 Bowditch, dated February 19, 1938, is this a true and Irene M. Arabian 19 1 correct copy of a document from your file? 2 JL Yes. 3 & Do you have any reason to suspect that this document 4 is not authentic? 5 JL No. 6 & Was it found where it would be likely bo be found if 7 authentic? 8 1L Yes. 9 & I have now passed to you Exhibit 13. This is a two10 page letter to Manfred Bowditch from Bradley Dewey, II dated February 23, 1938. Is this a copy of a document 12 from your file? 13 A. Yes. 14 & Do you have any reason to suspect that the document 15 is not authentic? 16 A. No. 17 & Was it found where it would be likely to be found? 18 JL Yes. 19 & Exhibit No. 14 is a one-page letter to Mr. Bradley Dewe y 20 from Manfred Bowditch, dated March 4, 1938. Is this a 21 true and correct copy of a document from your file? 22 A. Yes. 23 & Do you have any reason to suspect that the document 24 is not authentic? Irene M. Arabian 20 1 A Mo. 2 & Was it found where it would be likely to be found if 3 it were authentic? 4 A Yes. 5 Q. I show you Exhibit 15. It is a one-page letter to 6 Anthony J. Lanza, M.D., from Manfred Fowditch, dated 7 March 4, 1938. Is this a true and correct copy of a 8 document from your file? 9 A Yes. 10 Qi Do you have any reason to suspect that the document is 11 not authentic? 12 A No. 13 Qi Was it found where it would be likely to be found if 14 it were authentic? 15 A Yes. 16 & Exhibit 16 is a one-page letter to Leroy U. Gardner, 17 M.D., from Manfred Bowditch, dated March 4, 1938. Is 18 this a true and correct copy of a document from your 19 file? 20 A Yes. 21 Qi Do you have any reason to suspect that this document 22 is not authentic? 23 A No. 24 Qi Was it found where it would be likely to be found if Irene M. Arabian 21 1 it were authentic? 2 A. Yes. 3 fii Mr. Levine, Exhibit 17 is a one-page letter to 4 Manfred Bowditch from, it looks like, C. M. Cummings, 5 in any event. Secretary to Dr. Gardner, dated March 7, 6 1938. Is this a true and correct copy'of a document 7 from your file? 8 A. Yes. 9 fii Do you have any reason to suspect that it is not 10 authentic? 11 A. No. 12 Q. Was it found where it would be likely to be found if 13 it were authentic? 14 A. Yes. 15 Ci Exhibit No. 18 is a one-page letter to Manfred Bowditch 16 from A. J. Lanza, M.D., dated March 8, 1938. Is this 17 a true and correct copy of a document from your file? 18 A Yes. 19 Qi Do you have any reason to suspect that this document is 20 not authentic? 21 A No. 22 Ci Was. the document found where it would be likely to be 23 found if it were authentic? 24 A Yes. Irene M. Arabian 22 1 fit I have passed you Exhibit 19. This is a one-page 2 letter to Mr. Bradley Dewey from Manfred Bowditch, 3 dated March 10, 1938. Is this a copy of a document 4 from your file? 5 A. Yes. 6 Q. Do you have any reason to suspect that the document 7 is not authentic? 8 A. No. 9 Ql Was it found where it would be likely to be found? 10 A. Yes. 11 Cl Please look at Exhibit 20. It is a one-page letter to 12 Manfred Bowditch from Leroy U. Gardner, M.D., dated 13 March 22, 1938. Is this a true and correct copy of a 14 document from your file? 15 A. Yes. 16 Ci Do you have any reason to suspect that it is not 17 authentic? 18 A. No. 19 Ci Was it found where it would be likely to be found if 20 it were authentic? 21 A. Yes. 22 Ci Please look at Plaintiff's Exhibit No. 21. It is a 23 one-page letter to Mr. Bradley Dewey from 24 Manfred Bowditch, dated March 24, 1938. Is this a Irene M. Arabian 23 1 true and correct copy of a document from your file? 2 A. Yes. 3 Ql Do you have any reason to suspect that it is not 4 authentic? 5 A. Mo. 6 q. Was the document found where it would be likely to be 7 found if it were authentic? 8 A. Yes. 9 Q. Please look at Exhibit No. 22. This is a one-page 10 letter to Manfred Bowditch from Bradley Dewey, dated 11 March 28, 1938. Is this a true and correct copy of 12 a document from your file? 13 A. Yes. 14 Ql Do you have any reason to suspect that the document 15 is not authentic? 16 A. No. 17 Ql Was it found where it would be likely to be found if 16 it were authentic? 19 A. Yes. 20 fr I have now passed you Exhibit No. 23. It is a one21 page letter to Mr. Bradley Dewey from Manfred Bowditch, 22 dated March 30, 1938. Is this a true and correct 23 copy of a document from your file? 24 A. Yes. Irene M. Arabian 24 1 & Do you have any reason to suspect that this document 2 is not authentic? 3 A. No. 4 & Was it found where it would be likely to be found if 5 It were authentic? 6 L Yes. 7 & I pass you Exhibit No. 24. It is a one-page handwritt n 8 document entitled "Dewey & Almy" and dated 12/12/38. 9 Is this a true and correct copy of a document from youi 10 file? 11 A. Yes. 12 Q. Do you have any reason to suspect that the document is 13 not authentic? 14 A. No. 15 & Was it found where it would be likely to be found if 16 it were authentic? 17 A. Yes. 18 & This is the last exhibit. It is Exhibit No. 25. It 19 is a one-page letter to Manfred Bowditch from 20 Bradley Dewey, dated November 8, 1939. Is this a true 21 and correct copy of a document from your file? 22 A. Yes. 23 & Do you have any reason to suspect that this document 24 is not authentic? Irene M. Arabian 25 1 A No. 2 Ql Was it found where it would be likely to be found if 3 it were authentic? 4 A. Yes. 5 6 Mr. Levine, I believe you testified earlier -- and I 6 don't want to put words in your mouth -- that letters 7 such as this are kept in the regularly conducted course 8 of your business. 9 A. Correct. 10 Qi And that letters that would have been written by your 11 Division would be kept in the regularly conducted 12 course of your business? 13 A Correct. 14 Qi Would it be fair to say that everything that goes into 15 your file is prepared and maintained in the regularly 16 conducted course of your business? 17 A I am not quite sure what you mean. 18 Qi Well, would it be fair to say that the documents that 19 I have shown you today have all been prepared in the 20 regularly conducted course of business of the Division 21 of Occupational Hygiene, or they have been maintained 22 as part of your regular practice to maintain these 23 documents? 24 A Yes. I have not read each individual one to know if it Irene M. Arabian 26 1 would be normal, but we normally keep all correspondenc e 2 pertaining to a particular company in the file. 3 & And all of the documents that I have showed you marked 4 as exhibits came from this file on the table before 5 you? 6 A Yes. 7 & Or they are copies of the documents that you have in 8 the file before you? 9 Jt Yes. 10 & The documents that I have showed you are dated from, 11 I believe, 1934 to 1938 or '39. Do you have any 12 reason to suspect that the documents were not written 13 on or about the dates that appear on the documents? 14 A. I have no reason to believe that they were not written 15 in that period of time. 16 MS. PARKER: I have no further questions. Do 17 either of you gentlemen have any questions? 18 MR. DELPHEY: I have some examination. 19 Cross Examination by Mr. Delphev 20 21 fit Mr. Levine, my name is James Delphey, and I am one of 22 the attorneys representing W. R. Grace Company in this 23 litigation. Referring to the documents which we have 24 marked and which you have examined, documents numbered Irene M. Arabian 27 1 2 through 25, do you have any knowledge whether 2 W. R. Grace Company ever received these documents 3 prior to July of 1985? 4 A. Would I have any knowledge? 5 Qi Yes. 6 A. No, I would have no specific knowledge that they have 7 received them except for -- all I am aware of is what's 8 in the file. 9 Qi You have no knowledge, then, that W. R. Grace ever 10 received these documents at any time, do you? 11 A. I have no specific knowledge of that. 12 Qi You don't have any knowledge at all of that, do you? 13 A. No. 14 Qt And you have no knowledge at all that anyone at 15 W. R. Grace ever read those documents at least prior 16 to July of 1985, is that right? 17 A I would have no knowledge of that. 18 Ql And you would have no knowledge that anyone at 19 W. R. GRace ever knew of the existence of these docu 20 ments prior to July of 1985, isn't that right? 21 A Correct. 22 MS. PARKER: You know, I am going to object to 23 this whole line of questioning of Mr. Levine. It's 24 really outside the scope of direct examination. He ha: Irene M. Arabian 28 1 only testified they are in his files, and he hasn't 2 testified to anything else. 3 MR. DELPHEY: I don't believe that the Notice 4 of Deposition was limited to any particular subject 5 matter. Looking at your Notice, I believe it states 6 that Mr. Levine is being deposed simply for the pur 7 poses of discovery. I see no limitation on the scope 8 of the examination. 9 MS. PARKER: Well, just possibly to shorten th 10 deposition, I would represent that, if he knows any 11 thing else about the litigation, you are perfectly 12 free to ask him about it. I doubt that he does. 13 Qi Mr. Levine, are you aware of the subject matter of the 14 pending litigation which has been brought by Mercer 15 University? 16 A 1 became aware of it today in a casual conversation. 17 Ql What is your understanding of the nature of the claim 18 made by Mercer University in this lawsuit? 19 A I think it's that Mercer University is suing, -- and I 20 don't know how Grace got involved -- I assume, Owens21 Illinois about some removal of asbestos from their 22 buildings for, I imagine, the price of the removal of 23 the asbestos in the buildings. That's about all. I 24 don't know any more details, but that there is a suit Irene M. Arabian 29 1 involved for damages against some companies. I am not 2 sure which companies. In fact, I don't know any of 3 the companites. I only know -- I mentioned Owens 4 because one of the attorneys is here, and you are from 5 Grace, so I would assume that there are two. I have 6 no knowledge of what companies are involved except the 7 two; I would assume, since you are here, that your two 6 companies are involved. 9 fr So would it be fair to say that you are at least 10 generally aware that Mercer has brought a suit con 11 cerning the removal of asbestos-containing products 12 from various buildings at Mercer? Is that your under 13 standing? 14 A. Correct. That's about all I know about it. 15 Ci The documents which we have marked Exhibits 2 through 16 25, had you read those documents before today? 17 A. I haven't read them. I have seen them before today, 18 yes. I have looked at the file but have not read the 19 documents for content. 20 Qi How did these documents first come to your attention? 21 A. These documents? 22 Qi The documents which we marked Exhibits 2 through 25. 23 A. Okay. This goes back a few months or so. It came to 24 my -- I think some of the conversation has been with a Irene M. Arabian 30 1 Miss Kelly, who has retired, a phone call between 2 Mary Caroline Parker and both Miss Kelly and myself. 3 I think there have been conversations back and forth 4 about some records in our file. 5 Qi Who is or was Miss Kelly? 6 A Miss Kelly was a former Head Clerk who retired at the 7 end of December, 1985. 6 fr You are the Acting Head of this Division, is that 9 correct? 10 A Correct. 11 & And you weren't even aware of documents 2 through 25 12 yourself until several months ago, is that correct? 13 A I want to put it back more than several months ago. 14 It might be four months ago. 15 Qi But they first came to your attention -- 16 A Yes, correct. 17 Qi -- less than half a year ago? 18 A Correct. I didn't look at this particular file prior 19 to being notified by Miss Parker. 20 Ci And it was a call from Miss Parker or her office -- 21 A From her office. 22 Ci -- that called these documents to your attention? 23 A Correct. We also, I think, received them in the mail, 24 copies of documents to verify whether those copies were Irene M. Arabian 31 1 copies of material in our file, which we verified 2 before Miss Parker came here. I had Miss Kelly check 3 the file. 4 Ql How long has the Division of Occupational Hygiene 5 occupied Its present offices here on 1001 Watertown 6 Street in West Newton? 7 A We have been here since February of 1984. 8 Qt Has the file on Dewey and Almy been maintained in these 9 premises since about the time that your Division moved 10 in here? 11 A I am not sure what you mean. Were they here when we 12 moved? 13 Oi Yes. 14 A Yes. They were moved at that time. I think it was 15 February 24th. 16 Qi Where physically within this building in which we are 17 sitting today is this file normally maintained? 18 A In the office, in the secretarial office or administra 19 tive office. 20 Qi Prior to the Division's move to these quarters, where 21 was the file maintained? 22 A They were maintained in the same relative space of the 23 Head Clerk and Clerks at 39 Boylston Street, Boston, 24 Mass. Irene M. Arabian 32 1 Ql And do you have any personal knowledge as to how long 2 the file was at 39 Boylston Street? 3 A The whole period of time that the Division was at 4 39 Boylston Street. 5 Qt And do you know for how long the Division was at that 6 location? 7 A I would assume approximately 10 years. 8 Ql Do you know where the Division was located in the year 9 1938? 10 A I believe the Division was on Joy Street in Boston. 11 Qt Do you know where the Division moved after they moved 12 from Joy Street? 13 A No, I am not completely sure of all the locations. I 14 think there might have been three or four locations 15 for various periods of time, but always in the down 16 town Boston area. 17 Qi Do you know how many locations there were between 18 Joy Street and Boylston Street? 19 A I can only guess. I think there were two -- two other 20 locations prior to Boylston Street from Joy Street. 21 Q. Who had responsibility for maintaining the files of the 22 Division when the Division was at its Boylston Street 23 location? 24 A Our Administrative Assistant, a Miss Linde, who is Irene M. Arabian 33 1 still with us, would have had that responsibility. In 2 fact, she goes back 45 years with the Division -- 3 approximately 45 years. 4 Ql Do you know who had responsibility for maintaining the 5 files at the Joy Street location back in 1938? 6 A I know that Miss Linde would have been involved with it. 7 I would assume -- I can't say for sure, but I know that 8 she had some responsibility for the files. 9 Qt Is she still employed by the Division? 10 A. Yes, she is still employed. She is not here today, 11 though. 12 Ql Are files such as the Dewey and Almy file, such as you 13 have in front of you today, made available to the 14 public by the Division? 15 A Yes, they^are, on request. They can look at them. 16 Q. If a person wants to come in and look at a file on a 17 company, would that person have to sign a ledger of 18 some kind indicating that the person had had the file? 19 A Generally, we would ask for a request, and I am not 20 sure if in the past all of them have been by written 21 request or just a telephone call with some identifica 22 tion of who they were and their purpose. 23 Qi Is a record maintained of persons who request to see 24 various Division files? Irene M. Arabian 34 1 A I doubt it. I don't think so. 2 Qi When Miss Parker or her office requested to see the 3 Dewey and Almy file, what reason did they provide for 4 that request? 5 ft. They only looked at the file today. Okay? They had 6 copies of the file prior to having seen the file. The} 7 mentioned that they were a law firm involved in an 8 asbestos case. 9 Q. How would it be possible to obtain copies of documents 10 in that file without having seen the file at some 11 previous time? 12 ft. Somebody else probably somewhere down the line had 13 come here and made copies of it. 14 Cl It's your testimony that the Division would not have a 15 record of people who came and made copies in the past? 16 ft. As far as I know, there is no record of that. 17 MS. PARKER: Just for the record, although I 18 don't mean to testify, I would like to clarify that I 19 have never had a copy of the entire file. I have only 20 had a copy of the documents that we have marked as 21 exhibits, and those documents were sent to me through 22 the. mail by W. R. Grace and Company. 23 And I would also like to clarify that the 24 documents which have been marked as exhibits and which Irene M. Arabian 35 1 we have discussed today are copies that have been made 2 directly from Mr. Levine's file, and they are not copies 3 of the documents that W. R. Grace and Company sent me. 4 Q. Mr. Levine, I believe you testified that you did not 5 read any of the documents which we have had marked as 6 exhibits for content, is that correct? 7 A Not until today. I glanced at them. As I was looking 8 at them, I looked at part of the content of some. 9 Qi Mr. Levine, did you have a chance to at least glance 10 at Exhibits 13 for Identification and 6 for Identifica 11 tion as to their content? And I hand you now copies 12 of the exhibits which have been so marked. 13 A Do you want me to look at them for content? 14 Q. I am just asking you if you prior to this deposition 15 had a chance to review them for their content. 16 A No, I have not. 17 Qi Could you take just a moment or so to do so now? 18 MS. PARKER: Now, I am not making an objection 19 because I know we are reserving our objections, but I 20 would just like to point out that Mr. Levine has 21 given us a lot of his time already today, and I don't 22 mean to suggest that you don't intend to make a valid 23 point, but I would remind you that he has testified 24 only to the fact that they are true and accurate Irene M. Arabian 36 1 copies of the documents in the file. 2 MR. DELPHEY: Mr. Levine is the Head of his 3 Division, and I just want to ask him a few questions 4 about the documents he has testified on that the 5 Division has maintained. 6 MS. PARKER: I might also just point out that, 7 if the purpose is to establish that he doesn't know 8 anything about the events described in the documents, 9 I think you have already established that he hasn't 10 already read the documents, and he doesn't understand 11 the subject of this lawsuit or the subject matter con 12 tained in the documents. 13 MR. DELPHEY: I don't think that's a fair 14 characterization of his testimony. He has now had a 15 chance to read some of the documents. I want to ask 16 him some questions about them. 17 Ql Mr. Levine, referring to Exhibit No. 13 for Identifica 16 tion, which you have had a chance to read; if not 19 read word for word, you have had a chance to examine 20 Exhibit 13. 21 A. Let me just take a look at that. I just looked over 22 that other one. 23 Ql Okay. Why don't you just take a look at the document 24 marked as Exhibit No. 13? Irene M. Arabian 37 1 A [Witness complies.] 2 Q, Have you had a chance to review Exhibit No. 13? 3 A. Yes. 4 fit Would you agree with me, Mr. Levine, that the subject 5 matter of this document is occupational exposures to 6 asbestos by workers in plants which manufacture 7 asbestos products? 6 A. Yes. 9 Ql Would you also agree with me, sir, that there is 10 nothing in this document speaking to the subject of 11 exposures of persons to fabricated in-place products 12 which may contain asbestos? 13 A. I would assume. I think so from this one here, yes. 14 It has to do with fibers in particular, manufacturing. 15 Q. So Exhibit 13 has to do with occupational exposure 16 by workers in the asbestos industry, is that not 17 correct? 18 A. Correct. 19 Qi And did you also have a chance just now to review at 20 least briefly the exhibit we have marked as Exhibit 6 21 for Identification? 22 A Okay. There seem to be two sections to this ones one 23 speaking on solvents, the other speaking on Multibesto* 24 Company. There seem to be two. Irene M. Arabian 38 1 Qi Insofar as the document speaks to asbestos at all, 2 sir, would you agree with me that it's concerned with 3 occupational exposures of wotkers in asbestos plants 4 to asbestos fibers? 5 JL It seems that way. 6 & Yes? 7 A Yes. S MR. DELPHEYs I have no further questions at 9 this time. Maybe Mr. Wiles has some questions. 10 MR. WILES: No questions. 11 Redirect Examination by Ms. Parker 12 13 Ql For the record, just let me finish up with a couple of 14 questions. You did testify, Mr. Levine, that you have 15 no reason to suspect that the documents are not 16 authentic? 17 A. Correct. 18 fit And you did testify that they are true and correct 19 copies of documents found in the files of the Division 20 of Occupational Hygiene? 21 A Yes. 22 Cl Thank you. Now, Mr. Levine, as you are aware, you have 23 the right to read and sign the deposition. I don't 24 know that you will feel the need to change any of your Irene M. Arabian ________________________________________________________________________ 39 1 testimony/ but would you like to waive that right? 2 A Yes, I would waive my right. 3 MS. PARKER: In that case, I would like to 4 thank you very much for your time this afternoon. I 5 appreciate it very much, and we will close the deposi 6 tion. 7 MR. DELPHEY: Before we conclude I would just 8 like to make a very short statement on the record. It 9 appears at this deposition we have marked various docu 10 ments, and neither Mr. Levine nor I have had a chance 11 to review them, but I have not seen any relevance of 12 any documents to the subject matter of the pending law 13 suit by Mercer University, which is, as I understand 14 it, any alleged dangers to occupants of buildings from 15 asbestos-containing products which are in place. 16 In view of the fact that I believe from what I 17 have seen this deposition has not uncovered any rele 18 vant evidence, nor has it uncovered anything reasonably 19 calculated to lead to admissible evidence, W. R. Grace 20 Company will reserve its right to move for costs with 21 regard to the taking and attendance at this deposition, 22 MS. PARKER: Well, in response to that, I would 23 just suggest that relevance, like beauty, is in the 24 eyes of the beholder. With that we will close the Irene M. Arabian 40 1 deposition. 2 [The deposition was concluded at 2:30 p.m.] 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Irene M. Arabian 41 1 2 CERTIFICATE 3 4 COMMONWEALTH OF MASSACHUSETTS ) ) ss 5 COUNTY OF MIDDLESEX 6 7 I, Germaine V. Letoile, a Shorthand Reporter and Notary 8 Public within and for the Commonwealth of Massachusetts, do 9 hereby certify: 10 That RICHARD LEVINE, the witness whose deposition is 11 hereinbefore set forth, was duly sworn by me and that such 12 deposition is a true record of the testimony given by said 13 witness. 14 I further certify that I am not related to any of the 15 parties to this action by blood or marriage and that I am 16 in no way interested in the outcome of this matter. 17 IN WITNESS WHEREOF, I have hereunto set my hand and 18 affixed my seal of office this 18th dav of January. 1986. 19 20 21 22 My Commission expires: 23 January 4, 1991 24 Irene M. Arabian RECommEnoEO safe practices minERAi data sheet na i estos: HAZARD CLASSIFICATION UK - rm 1UKKB. - Kay eaM aebaateeia. GENERAL lata 1tea U 1 tllmi ilitin rf nrlni ilUtitii, Mill; tt* l(4nM illeat* af MpuiU with ililtliul piiUUM af Irea, alHlaa, Mtt, ptuilu aai caldia. & (llmi cfcaracterletle, nUir Uu tha cheataai aaapoeltlea. U rtiptulMi far tha harafal Him ahaataa la tha laaa. 'ahilrUl uknUi la ahlafly tarltiat fna Caaaha. I'aly aal tha Irumil. hateatat la aaai ia a nrlatr af pnluta. tha laa film are meat la tha tastlla iadaatry far tha aaaafactax* at data, trait, rape* thMtra aortalaa,. ate. tha abortar fltraa KpUai with aa ipat ara aaai la tha fattua af fall, cayer, cartteari. ratal M.a. oerrla aaata. caaaata. aai ratMr Urea. . a HAtMfUL EFFECT! Kay aaaaa'aebaateeia."a tlaaaaa af tha laacs la itlh tha af9 facial loa* tlaaaa taaaaaa partlallr aallapaet aat flbiatla. tha aaaffectet lu* llaaaa taata ta tacaac tllatat aat wphyewaleaa. tha alpi aat ajoptaae an oaoah. arpaoWrmtloa. afaartaMa af traaih. wl(ht laaa, at aatr fatlphlllty. ewelanplly, aataataa earaa aay acaar la tha akla af tha haada eaaaat by pcaetratlaa af aataalaa fltara lata tha layara af tha akla. It tafeM lira ta in yean far lebaataele ta tamlap. Baath. la thaaa aaaaa, la aaa _*y tha raaalt af lafaatlaa af tha laap, aaeh aa tabaraalaala, ar fraa aaaaatlaa heart tlaaaaa. MAXIMUM AHOWA6LE CONCENTRATION aaatlaoaaa ttoaian Vreaplrahla tuat tha aartaua allawl .a aaacaatra. tlaa ia 9 allllaa "tartlelee af aataataa^Mat war labia fact af air. PROTECTIVE MEASURES tha aataataa taat ehaalt ta aaatrallat at tha pill at rlfla ty ua af laaal aahaatt cyitwa ar wt aetbeie. tha eperatlea tiaparat tha hit ahaolt ta tMlatat ar aaelaaat, ar tha aprratlea a chitpl aa ta alia cate tha tlaparalaa af tha tuat. ippraret tact type raaplratara are raaaaaaata, aaly aa a laat raaart. MEDICAL CONTROL *ra-aaplayaeml phyelaal aaaalMlea taa'-tla* aa X-ray af tha beat ahault ta r*qlr*4 af all r'.Ain axpeaun ta axcaealae taat will ta aaeaaatarat. ladlrlteale itk a hlatary af tatarealeda ahoolt aat ta llaaat la a taaty taaa'ibare, Periodic phyileal asaalaatlaaa laelutlac ehaat (ran ahaul! ta raaalrat at laaat aaaually af all parMaa nplayet la taaty aeteatea apart tlaaa. (TlRSS.riPICaPSORi)in.jllSllES OlVlSlOn OF OCCUPRTlCrifiL HyGIEFIE XaUatit Vaataf fatr iff. ijkf pifl,1 Hi! !s*|i "it 3 N 5t October 21, 1824* Mr. Bradley Dewey, President, Dewey and ALay Cheatcal Company, 25 Harvey Street, Cambridge, Massachusetts. > Bear Bradleys " We are establishing in this department a Division of Occupational Hygiene, one of the sain purposes of ehich will be to give advice ana help to employers in the control of un healthy conditions caused by injurious substances used In industry. We are starting off in a very snail any end intend to operate In as economical u manner as is consistent with rendering real service, le are setting up a smell chemical laboratory for the analysis of the materials mith which we come in contact in industry and :dll employ one chemist. Our chemist, Dr. Hervey B. Elkins, is a young man mno comes to us with very high recommendations from the Harvard Department of Chemistry and the Harvard School of Public Health. His actual industrial experience nas, however, been limited to a summer as technical assistant for the Atlantic Refining Company. Because it is ay firm belief that the value of a laboratory nan doing such jorlc is greatly enhanced through first-hand acquaintance with actual conditions in industry, X want to have Dr. Elkins make a fen visits to manufacturing plants in this state. Would yoa be willing to let me send Dr. Elkins to your plant, to meet some of your men and devote such time to the processes involving the more toxic chemicals as he feels will be profitable to hint A day or so spent in this say would, X am sure, be well *orto nis while. X can promise you that Dr. Elkins is not the sort who would moke hlmael P in any way a nuisance in the plant. He is a highly intelligent young man and will be quite as appreciative as sill X of any courtesies suown aim. Sincerely yours, . MBs CM Manfred Bowditch Director Division of Occupational Hygiene -* - ,r V'-; -C* . <* V** y -. 'V/ T*rtW. .. . *~ : -r ' Deweyand Aejit Chemical Company . TACTONIKI CAMBRIOCC. MAMACHUIITTI OAKLAND. CALI FORM I A RARNHAM. QUC.CANADA LONDON N.II.CNOLAND NARLCl.ltALY MULTiBUTOS COMPANY MCOffMRATCO IM MABBACMUBCTTS KAMUrACTDUM OF DEWALCO AND GOLD SEAL PRODUCTS Cambridge B, Massachusetts `DIWALCO'BOtTON November 8, 1934. Ur. Manfred Bowditch, Director, Division of Occupational Hygiene, The Commonv/ealth of Massachusetts Department of Labor and Industries, State House, Boston, Massachusetts. Dear Manfred: Sorry to have been so tardy in answering your letter of October 31st, in regard to sending Dr. Elkins to study our operations. Of course, we shall be delighted to have Dr. Elkins with us and to have him spend just as much time as he wants to in the two places where we may be said to have industrial hazards; to wit: in our Solvent Room in Cambridge and at the plant of the Multibestos Company at Walpole. As soon as he is ready to visit us, tell him to get in touch with our Chief Chemist, Mr. Charles H. Egan, who will take care of all the arrangements. The next time you have a Job of this kind, don*t think you have to write us so long and arduous a letter. Just call up on the telephone and tell us what you want us to do. Very sincerely yours. BD:EB ' i \ .> it . -r* ove*ber 9, 1934. / H** Ur. Bradley Dewey, President, Dewey and Al^y Chemical Cospfiay, Cambridge, Massachusetts. Dear Bradley: - . ' Thank you Tor your coruled, reply to ay letter of October 31st. as you suggest. Dr. Likins Bill get in touch with Sr. Egan as to a tiae convenient for nis visit to'your plant, is he bus quite a bit-ahead of hiu, this aay uot be for s couple Of weeks. . ' Z v.iii adnit that ay letter v;as a trifle long, but it was not as "arduous11 as it cay have appeared. I am sending Dr. Elkin3 to quite a number and variety of plants end, since some' employers are a bit leas liberal in such natters than our good friends the Dewey and Alay Chemical Company, it seemed best to compose a letter* telling pretty -mien tne ihols story. Tnis letter, sith minor variations, has been or bill ae sent to tne Dewey ana Aimy Chemical Company, General Electric Company, Caaoriage Rubber Company, Graton and Knight Company, Stetson ^boe Cc-pauy, lortoh Company, waunua 'ihuiufucturing Company, llxbriage Tioriitcd Company, Hampton Company, Biro anu Bon, Lev*r Brothers Company, DuPont Viscoloid Company, Marrimac''Chemical Company, Msrrimhc Hat Company, Citisa Service Be.fining Company ana the Auericui Optical Company. 1 think you will agree that I am doing ay best to give Dr. Elkins & liberal, even though sameuhrt compressed, industrial chemical education. Sincerely yours. . M3*G* ILm fired Bo-oitch * Director Division of Occupational Hygiene V. v \ \4*f' >* ** % /trn-t 'h.^Ci'j /)> ^L+a--i *y Mr. Ross ilr. Jensen Mr. Taggart Ur. Metre Mr. Stowe The more important contacts are underlined. Note: Due to the nature of its business many of the processes of this company are unique. Items which it is believed mey not be general practice ere marked with an asterisk and should be treeted as confidential until passed upon by an official of the sompeny. The Dewey end Almy Chemical Company manufactures primarily latex cements and allied products, such es solvent rubber cements, rub'berlzed fabrics, and rubber*bonded brake linings. It was because of their developments in this last field that they acquired the IJultibestos Company, which ranufactures brake linii^s and clutch facings of ell typos. Eewey end Almy Company l!r. 2gen showed me about the plant in Cambridge. latex cements: Rubber lEtex is obtained in solutions containing 35, 6C or 75 per cent solids. In the dilute solutions there is about three fourths of a per cent of ammonia, which keeps the solution at a pH of 11, and 60 prevents fermentation and spoilage. In the most concentrated solutions the alkalinity is maintained by a mixture of caustic potash and a potassium cocoenut oil soap. Ammonia is preferable for most purposes because it evaporates off. Its concentration is so low that it is no problem except when the cement or compound is used in very large quantities. ^Various materials such sis pigments and fillers are added to the latex solution in making the compound. One such material is a modifying; soap made from beeswax and 8mmcnie under high pressure. Sulfur is cdd3d whenever it is desirable and possible to cure the rubber in the cement or other product. In the linings for tin cans sulfur can not be used but fortunately an uncured material is more setlsfactory. For many purposes a latex cement is inferior to an artificial rubber emulsion, made by masticating vigorously coagulated rubber and then dispersing it with protective colloids and other suitable chemicals. A cement of this type seemed much finer and more homogeneous then corresponding latex cements, and its cost was said to be the same. Latez cements are of Interest to us because they cdmnete with solvent rubber cements. One of the chief uses of benzol is as a solvent Tor the latter. for some purposes non-toxic non-inflammable latex cements are better substitutes for toxic, inflammable benzol cements than the slightly toxic but Inflammable naptha cemsnts. ISr. Ferguson said that there had been a swing away from latex sealing compounds toward solvent compounds, but that he felt that its peek had passed end the immediate future would see an Increased use of the latex products. Solvent room: This company make.-: both benzol and naphtha solvent cementB and com pounds. The .letter constitute about two thirds of the total, and it was said that probably next yerr three quarters of the solvent compounds would be made from naphtha. The so-called solvent room is the second floor of an isolated building. It is about 35* x IS* x 8*, and contains two mixers, for naphtha and benzol products, respectively. Each mixer holds about e hundred gallons. Exposure to the solvent mey occur chiefly in three pieces; the pump room, the solvent room, enc ruddier room, in which the finished cement is - loaded into drums for shipment. In the pump room there is same leakage of vapor, or seamed to be, but the pumps ere operated from outside, and the roam is rerely entered. In filling the drums there is undoubtedly seme exposure, but the greatest hezerd is certeinly in the solvent room. The solvent is ordinarily pumped through e meter into the mixer. The stirrers ere heevy spiral shaped knives which twist and tear the smell pieces of rubber which are introduced. Some beat is evolved in trig operation, so that the temperrture of the mixture is raised, the outside of the mixer being above body temperature when the process wis observed. The mixers are closed except for an opening in the top Fbout IP" x 10" which is covered loosely exce :t when materials ere being added, when the batch is being in spected, and .,'hen it is being emptied. The eddition of rubber (cut in small pieces) takes some time, as the severel leyers are torn apart by hand or they are fed into the machine. Some other m*tericls, such as wax, are usually added. In the operation observed inspections of the batch as it was being mixed were frequent. As the top of the mixer is about five feet from the floor the tendency is for the workman to put his face close to the opening in looking in et the batch. After two to eight hours, depending chiefly on the kind of rubber used, the mixer is tipped on its side and the batch of finished product ia dumped through an opening in the floor into the muddler. The dumping operation observed took four minutes, including the time required to rake out the residual compound. The opening in the mixer through which the substance is poured is about three feet from the floor, end the operator stands three to four feet away except when he is cleaning out the residue. The extremely viscous and elastic mess was said to contain only thirty per cent of solids. Its vapor pressure would presumably bs appreciably more than 70 per cent of that of pure benzol, but the viscosity of the mixture should cut down its rate of evapora tion considerably. 3 , A blower was operating in the well opposite the nixfer, peer the floor, end above It the window was opened. The operator was between the window and the ' mixer, but a little to one side most of the time. The efficiency of this system of ventilation aeems somewhat questionable. Tests on the air in this room (made by the insurance company) showed satisfactory conditions, however, it was said. The men working on this job are given blood counts every three months end as a rule are transferred after six to nine months. No real cases of benzol poisoning heva been encountered. AR dope: This impregnating material, is a mixture of about five parts coal ter pitch and one part toluol. The componsnts are heated in mixing, and ventilating equipment has been ordered for the process. The fumes did not seem bad at the time a finished batch was observed in the open mixer. _ "Rubber bonded brake lining material: Certain brake linings, especially those for heavy work, are made from asbestos to which carbon black and other substances may be added, end rubber latex. The various materials are mixed in a paper beating machine, spread on a wire screen and the weter sucked out, then pressed in a hydraulic press, cured and brought to the proper thickness v/lth a sanding machine. The last operation is well ventilated, but the method of feeding the paper beater was said to be dusty end needs improvement. Probably some such method'as was worked out at Walpole will be applied here. None of these processes were in operation. "Artifical leather: A soft absorbent paper is per,Bed through a latex solution containing sulfur, coloring natter, etc., end then over a series op heated rolls where the weter end ammonia are given off and the rubber is cured. An exhaust system provides for the removal of the ammonia given off (estimated at three pounds, or about si.cty cubic feet, per hour). It ic necessary to stop the machine for brief periods in order to attach nei rolls of neper. If the Eton is -^or too lor.r the paper in contact with the hot rolls tends to disin+egrtte. Sven the short stops unavoidably mpde mey ceu3e variations in '.uelity in the finished material. The rubberized sheet is peered through a calender tc bring it to the proper thickness. Two or more sheets are often cemented together, sometimes two or three rolls being combined on a machine similar to the impregnating machine, but smaller. No provision for the removal of ammonia is mede in this case, but there was no appreciable odor of emcnia around the machine. If still thicker sheets are to be mace, pieces about fivs feet square are cemented together by hand. In the operation observed e naphtha solvent cement was used. Other products: Soda lime, used in gas masks for absorbing phosgene, chlorine and acid gases, is mode ir. some quantity. Zinc chloride solutions and zinc ammonium, chloride cryotels ere also mad9. Sore dermatitis has been caused by these mat3rlals. Chloroform end toluene ere used es preservatives. Carbon tetra chloride la also used for sane purposes. Apparently these are used in rel atively small amounts. Another small use of benzol 1b in cleaning out drums* 5 The Multibestoa Company Ur. Ucl'ordie, who designed e large pert of the ventilating equipment used at the plant, showed me about. There have been numerous esses of asbestosis developed here, and as a result the methods of manufacture have been greatly modified. The carding proc ess has been dropped, the yam being bought already spun, end a wet weave sub stituted for a dry weave process. Ur. Bateson seld that more oases of asbestosis were developed in the weave room where the dust count was about seven and a halfmillion particles per cubic foot, than in the carding room, where the dust count was much higher. The most recent counts ran from half a million to two million, except at a carboloy sew, where it was 6.7 million, and at the pacer beater during its feeding (31 million). A new process has been developed for feeding the paper.beater the use of the carboloy sbw is discouraged pending its removal, and the general ventilation has been greatly improved since these counts were made. Woven fabrics ere used chiefly for brake linings, but for some clutch facings es well. Host of the latter and some brake linings, especially for heavy brakes, ere moulded, or made originally es an asbestos paper. For impregnating materials asphelt, chinawood oil, end bek -lite resins are used. Rubber bonded linings are not im.-regnatad; the rubber bonding is done* in Cambridge, but all cutting, shaping and finishing is done in .'clpole. Weave room: The yrrn consists of cotton and asbestos fibre wound eround a small wire. The warn is dry as it leaves the spools hut passes over a wet roll before -going through the guide bo that the dust given of? by the vigorous agitation of the dry warp in tr.e weaving process is ltrgely olininated, since the yarn is wet at this stage. The spindles of weaving: yarn are soaked in water before use. The loom spools of Dry yarn are shaken somewhet but undoubtedly by far the largest part of the potential dust is prevented from coning off. *0n some of the loons a process of inursgnttinf the yarn es it is woven is being tried. The roll wet with water is reolecod with one wet with impregna ting solution, in most ensos asphalt in kerosene. This is su. posed to give e more thorough impregnation and eliminates a process. It has the .disadvantage of dirtying up the loom, however, and the fumes of the solution contaminate the eir of the weave room. A solution of resin was also being applied in this way: they have succeeded in eliminating toluol from th solvent for these mixtures. On one section of e loom a water emulsion of a resin lm>regnant wes being tried, it being both non-toxic end non-inflammable. The fura-is of kerosene near the looms using the asphaltic impregnant were sonawhLt obnoxious. Impregnating room: The method still used for most of the woven linings is that of impreg nating the fabric after it is woven. A long strip is run through e bath of solu tion, before and efter which t>re placed drying ovens. Conditions in this room aeened satisfactory. 6 Grinding room: . Hers the clutch facings and brake linings are ground down to the proper size, the re-uired holes are drilled, etc., and in this room the most strenuous efforts in ventilation have been made. The removal of visible dust seemed almost perfect in the case of all the grinding operations observed. The chief source of dust seemed to lie in the handling of piles of articles In loading or unlondinr a mechine. In some ceses ventilation was even pro vided for these operations. One of the men operating an inside grinder (for the inside of clutch facings) wore a respirator, however. - Clutch department: In the process of making moulded brake linings and specially clutch facings, asbestos is fed into a paper beating nrchine, where it is mixed with water, pigments, fillers and a little red lead, which helps the lmpregnant to harden. From here it is pumped to the panar machine where a layer of the mixture is spror.d continuously on an endless belt, the weter drained off, and the re sulting sheet of asbestos paper is removed, pressed, and cut up. Formerly the act of feeding asbestos into this mechine was very dusty. l?cw the bags of asbestos are emptied into a chute (In an enclosed room on the seoond floor) end the water for the mixture is sprayed in simultaneously, wetting down the asbestos so that it is soaked with water when It enters the beater, end little or no dust is given off. The man handling the bags of asbestos wears a respirator, the oparttion taking hut a few minutes. The room where this was done ssened surprisingly freo from visible dust. This sensed'to ns e vary s' tiaf ittTy, common sense end economical solution of this particular problem. Twenty pounds of red loud are sprinkled with e hand scoop into each batch nixed up in tho paper banter. This is heavier then many lead compounds and none of it 3sensed tc be dissipated in the form of dust. I understood the workman to sey that the maximum output of the machine was five batches e day. Clutch impregnating room: Lost of the clutch facings era impregnated with AR dopa, a solution of a coal tar :itch in toluol, which is rude in the Cambridge plant. A raok about 4* x Z* x 8' is filled vidh clutch facings and then submerged in one of the tan3;s of dope, of which there ere three or "our in a room about 28* x 12* x 6*. The solution ia kept at SC degrees F. or higher, and the tenks ore covered except when the solution or sol sunt is betn_ added, when the rack of clutch facings is baint introduced, and hen tho clutch facin.s heve Just bean re moved and the excess solution is allowed to drain beck into the tanka. There is no ventilation in this room and the fumes ere said to be bad ct times. The foremen said he wouldn't enter the piece on a damp day, end that the men often got Jags from the fumes. One of the men said he wes often made dizzy by the toluol veper, end thrt he and his colleague suffered con siderable discomfort generally. It seemed to me that unless these men were exaggerating greatly the conditions should by all means be improved. A determination of the toluol concentration in the air miht be worth while. Two or three window blowers, to be operated when the tanks were open, might improve the situation suffi ciently for practical purposes. TJhile the insurance company was said to have investigated these con ditions and to be satisfied, and while it is true that toluol is not as in sidious a poison as benzol, or asbestos dust, and while there is some doubt about its ever causing chronic poisoning, it is still classified with benzol in Bulletin 582 of the U. S. Dept, of Labor. Certainly conditions such as apparently exist here should not be tolerated if they can be easily remedied. Drums containing toluol were in soma cases lebelled as containing alcohol. General: Ur. KcLIordie sold that some dermatitis was caused by the formaldehyde used with tar acid in the manufacture of bakelite resins. Respirators were ?;orn on many odd Jobs, such as sweeping the floor, using the carboloy saw, etc. In general the firm has been admirably thorou^;, Ingenious, end, I believe, effective in the steps taken to eliminate dusty conditions. December 10* 1987 Anthony J. Lansa, M.D* Assistant Medical Director >. Metropolitan Life Insurance Company 1 Madison Avenue Mew Xoric, Bee Xork Dear tonyi Thank you for your note of December 8th* Z find that ve aleo have a- copy of "Solvents" hj Durrana and, Judging from ite veil thumbed appearance| it la a useful tome* lou eill recall that vo have a Dust and Fume Code Committee onion is engaged in setting up maxiraua allowable concentrations far dusts and fumes* As to silica dusty ve are planning to follow the recommendations of your Medical Committee of the latlcnal Silicosis Conference end our figures on the various industrial fumes are those which I showed you the other day* Khile asbestos is at present no very important factor in Mas sachusetts industry , X feel th&t ve should nevertheless set up aome sort of a figure for it and X would be very grateful If you would be willing to give me your aavieo on this* Xou will no doubt feel that this ia just what you don't vent to do( but X hope that you will be a good guy never theless and give me at least whet you regard as a "beet guess** X had quite a talk today with Bradley Deweyy president of the Dewey it limy Chemical Company, who formerly owned the Multibestos Company, the concern about whose former employees Dr* Hawes has recently so eloquently written* X mentioned to him Boy Gardner's opinion that ashestosis is definitely not progressive and was quite surprised to have him take pretty definite issue with this* Be gave it as his opinion that the four principal types of asbestos, Canadian, Suasion, Bhodeoian and African, varied markedly in their pulmonary effect and he thought that the results of experiments with one type would not hold for another* Dewey is a highly intelligent chap and definitely one of the leaders in industrial chemistry In this country^ also, incidentally, an dx-colonel in the Chemical Warfare Service* Xf you have any dope which would be interesting In reply to hia theory about the different types of asbestos, X would be more than glad to be able to transmit it to him* Sincerely, MB SB Manfred Bowditch .Director Metropolitan Life Insurance Company FREDERICK H.EcKER. Chairman ofAt board Leroy A.Lincoln, Pmsidtnt December 13, 1937 Ur. Manfred Bowditch, Director, Division of Occupational Hygiene, 23 Joy Street, Boston, Mass. Deer Manfred: A recent number of the Public Health Reports had a survey of an asbestos plant made by Bloomfield and one of his staff* They state that everything considered they think five million particles is a pretty fair threshold limit for the asbestos industry and I agree with-them. I do not know what to say about Mr. Dewey's opinion and I can not imagine upon what the opinion iB based* Of codrse, the asbestos people in Canada have advanced that idea for some time as an explanation of why as bestos seems to be more clinically severe in England than in this country but I have always had the feeling that their argument was motivated by self-interest rather than to make a scientific contribution. I have had the feeling for some time that asbestosis is pretty much of a mare's nest anyway. I do not doubt that asbestos dust in sufficient quantity will cause a pulmonary fibrosis. I am not sure that asbestosis alone will produce disability or death. I think that in*tE3 reported cases of fatal asbestosis they have put the cart before the hor$e - that is to eay, these individuals have died of heart disease and because they worked in an asbestos plant and had some pulmonary fibrosis, their deaths were charged to asbestosis. In the complicated cases, death was due to tuberculosis. Tuberculosis and heart disease are the two^feading causes of death among industrial workers and it is to be expected that the asbestos workers would have their quota. However, this is just an opinion of mine. I am engaged now in running down all our death claims from as bestosis. Some time in January or February, I want to go up to Boston because in this series which we have, the only post-mortems were those done in Boston by Dr. Timothy Leary and, incidentally, I may use your good offices to get an introduction to Dr. Leary as I want to discuss these cases with him. Best regards. Sincerely yours. A. J. Lanza, M*D. Assistant Medical Director r-~ ..r.i ^... ,, , W&r * 11 r ^jjj ^ * .'tjrSVTr.- -'S V I December 14, 1987 Anthony J* Lansa, M.D. Assistant Medical Director Metropolitan Life Insurance Company 1 Madison Avenus ' lev Xork, Be* Xork tz~^JjL * Dear Tonyt Furtner referring to the subject matter of my letter to you of December 10th, X hare Just noted in the current issue of the Archly f&r Qeverbepathologie und Qewerbehyglene (8 Band, 2 Beft) an article by V* di Biasi "Zur pathologiscneu Anatomle der Lungenaabeatoae" in which, if my German has not failed me too badly, he indicates at least mild enthu siasm for mecnanlcal causation, combined with chemical* This fits la witn Bradley Dewey*s tneory, about whioft X wrote you, he being of the opinion that Canadian asbestos is pretty harmless mecuanically end Bus- sian, the converse* As a layman wandering around in comparatively fltygian outer darkness, X listen to all these bright ideas and find that they give me more or less mental indigestion* If Old Doc Lansa has a pink pill specific to the situation, X hope he will prescribe it* la the light of some of your remarks when we last met, X have read the editorial in the December 11th J*AMA* on the Council on In dustrial Health with Just a bit of amusement. The boys ore certainly good at patting themselves on the back for little or no reason* Binoerely, MB ZB P, S* Manfred Bowditch Director Please don*t feel obliged to inform me that Rhodesia is in Afrioa X am given to understand that there is one variety of asbestos known as Rhodesian end another variety, hailing from elsewhere in the same continent, known as African. Perhaps this is Just another instance of my abysmal ignorance* . OF THE EDWARD L. TRUDEAU FOUNDATION post orricx box JTI 7 CHUECH ITUBT Saranac Lake, N.Y. December 14,,1937 Mr. Manfred Bowditch,Director Division of Occupational Hygiene Department of Labor and Industries 23 Joy Street Eoston. Mass Dear Manfred: Tony sent me a copy of a letter which he received from you on the subject of asbestosis. I replied and am enclosing a copy of that portion of my letter for your reference. I do not think the subject Is closed but Iv/uuld be surprised If we found evidence of a difference in the irritating properties of the various kinds of asbestos. As to progression of the disease, I am Inclined to believe that the factor of Infection is the one largely resi onsiblc for the cases that appear to have progressed. V/ith best regards. Sincerely yours. Director '-Bradley/Bewey 'got - *:C. " different/.types !substances;r.u. '/.these- -different, substances.-.have been reported. February 17, 198C Leroy 0, Gardner, M.St, Director Saranac Laboratory for the Study of Tuberculosis of Tne Edward L* Trudeau Foundation 7 Church Street Saranac Lake, Sew Xork Dear fioyi Zf you tare bothered to think about it at all, you must hare thought me most discourteous in having failed to reply before this to your letter of December 14th about the Bradley Dewey asbestoals matter wnicn Z communicated to Tony Lansa. Sy only excuse, frankly a pretty flimsy one, is that a letter received from Tony left me temporarily in somewhat deeper water than Z expected and it was only last week, whan he turned up here, that Z had the opportunity to wade ashore* Sy principal reason for taking the interest which Z did in Hr* Dewey* s opinion was his unusual and rather unemployerlike attitude about the whole business* Z have passed along to him the opinions which you and Tony have expressed and believe that the matter is prob ably now closed* Bad you beard that Dr* Ti.aothy Leary has been quite side with pneumonia? Be aeeas to be recovering and will probably be back at his office in the very near future* Z learned of it only when Tony end Z tried to communicate tilth him by telephone last week in connection with the latter* s effort to track dom asbestoals oases* Z hope that all goes well with you in the snowy north* Sincerely yours. HB XB Manfred Bowdltch Director Tehxnary 19, 193B Ur. Bradley Dewpy, President Dewey and Alsy Qhamioal Company 235 Harvey Street Cambridge, Massachusetts Dear Bradley* Heferring to oar oanversation on December 10th as to possible differences In the effects of Tarioas types of asbestos in causing asbestosis, you say thlfck ne mildly crazy in following up a siatter which you indicated over the telephone the other day to be oloeed as for as yon are concerned. While that is quite naturally the ease, ny Interest in asbestosis and its causes is such that 1 as risking being pat down as a pest by sending yon herewith copies of two lettera and an enclosure received sons tine ago from Drs. JL. J. Lanza of the Metropolitan Life and L. V. O&rdnor of Saranac as an indirect result of ay talk with you. Yoa will note that Dr. Gardner has experimented with five different types of asbestos.' whlah Z presamo are about all there are. While his experiments have thus far been by injection, the best opinion seems to be that the results of injection are in dicative of those to be expected from inhalation. If thia is eo, the fact that the five types give similar results by the former method may be taken to indicate that the inhalation effects would also be modi alike. Sincerely yours, UB IS LSB 3hcl--3 Manfred Bowdltdh Direotor gst IjeWEYAM) AuiY tHEMICAL COMPANY MCONtOIATSO IM MAtlACHUSCITt DARES DEWALCO AND HOLD SEAL PRODUCTS B,-- Cambridge Massachusetts CMU AQOACftft "OCWALCO** OSTOH February 23, 1938. Mr. Manfred Bowditch, Director, Division of Occupational Hygiene, Department of Labor and Industries, The Commonwealth of Massachusetts, 23 Joy Street, Boston, Mass. Dear Manfred: I am sorry If I sounded as though I suddenly turned Into a black sheep with no further Interest In asbestosis. That isn*t what I meant to convey. ' I havdio evidence that would impress Lanza. However, despite the fact that I love positive proof as well as the next fellow, I know that it will take a lot more than injection experiments to remove the hunch that I have. Your answer to the above is -- what is your hunch due to? It is due in a large measure to the following circumstances. (You will note that I do not dignify them with the term of proven facts.) 1. As I understand it, Multibestos ran for years without much trouble. It then switched to Russian and Rhodesian crudes and suffered an enormous amount of trouble. 2. I have been through plants of competitors (for various reasons, I do not ?/ant to name them in a letter but will be perfectly glad to discuss them) where conditions have been so bad that vision from one end of the shop to the other was actually impaired by asbestos dust in the air. In some of these, long streamers of asbestos fiber hung from every beam, sprinkler pipe and shaft hanger. Where these plants reported no trouble, I could not help but be impressed by the fact that they had seemed to have a long history back of them of having used only Canadian fiber. Mr. Manfred Bowditch, The Commonwealth of Mass Page 2. Feb. 23, 1938. 3. It seemed to me that in many of the cases where I had heard that plants had suffered trouble, they were the ones that had used goodly quantities of foreign fibers. 4. I personally cannot study the disease record of the Walpole plant and not believe that asbestosis is a very serious and sometimes fatal disease. I think it is one that should not be belittled and It is one which should be objectively studied until reliable facts are known and out in the open. All this is simply so that you may know my own personal feeling. Far be it from me to get embroiled in somebody's else troubles. Sincerely yours, * BD:EB March 4, 19S6 Mr. Bradley Dewey, 'President Dewey and Alny Cneaicol Coapany CS5 Harwey Street Cambridge, Massachusetts Dear Bradley! Thank you very men for the interesting statement of your views on asbestosis contained in your letter of Februuxy Srd. Z had no thought whatsoever taut you were anything approaching a black sheep" in this connection but an very glad to have this sttenent Z an sure that you will have no objection to my passing it along to ay friends, Lanza ana Gurduer. Sincerely yours, ur jrfl Manfred Bowditeh Director ,i larch 4 1988 Anthony J* Lansa, l*D* Assistant Medical Director Metropolitan Life Insurance Company 1 Madison Avenue lee York, Mew York Dear Zonyt I nad thought that the Bradley Dewey osbeutoeia Batter was ended, but last week I received the letter Iron nia of which a copy is enclosed* lihile it contains nothing startling, it is perhaps worthwhile to pass it along to you* I aa also send ing a copy to Boy Qardner* Sincerely yours. MB EB End* Manfred Bowditch Director Leroy 0* Qardner, M*D*, Director Saranac Laboratory Tor toe Study of Tuberculosis of tiie Edward L. Trudeau foundation 7 Church Street Saranac Lake, Sew Xork Dear Eoyt I had thought that the Bradley Dewey as* beatoaia natter was ended, but last week X received the letter from him of which a copy ia enclosed* Hhile it contains nothing startling, it is perhaps worthwhile to pass it along to you. X am also send ing a copy to Tony Lansa* Sinoerely yours, MB IB Enel* Manfred Bowditch Director The Saranac Laboratory for the Study of Tuberculosis of THE EDWARD L. TRUDEAU FOUNDATION rorr OFFICE aox 591 7 CHUECH ETUET Saranac Lake, N.Y. March 7, 1938 Mr. Manfred Bcw ditch Department of Labor and Industries 23 Joy Street Boston, Mass. Dear Mr. Bonditch: Dr. Gardner is out of town for a fen weeks. T.ln he returns your letter of March 4h will be brought to his attention. * Very truly yours. Secretary to Dr. GardAer Metropolitan Life Insurance Company / Frederick H.Ecker, OuunmefAtboaM Leroy A.Lincoln. am ANTHONY J. LANZA. M.D. Wmdiaml Director NEW YORK CITY March 8, 1938 llr. Manfred Bowditch, Director, Division of Occupational Hygiene, 23 Joy Street, Boston, Mass. Dear Manfred: Many thanks for your letter of March 4* However, I do not see that it really tells us much. Mr. Dewey points out that Uultibestos ran for years without much trouble. Of course, the reason was that no body knew anything about asbestosis. I am not quite sure what he means when he says "trouble" but I suspect he means "lawyer trouble" which, of course, has nothing to do with the issue. The same comment holds good +v,o m. competitors. They did not have any trouble either, I am pretty certain that his third point is not valid. I have no quarrel with his statement in his fourth point. I believe that his statement is accurate and correct. The point that I wish to make is that in running down many of these so-called cases of asbestosis or cases in which asbestosis was given as a complicating factor with other disease, close investigation showed no worth while basis for such a diag nosis. In other words, it is a situation that we have seen over and over again. A man works in an asbestos plant, he has this, that or the other, so he has asbestosis. In other words, most of the articles on asbestosis, in which anywhere from two or three to fifty cases as listed as occurring within the personal experience of the writer,are mostly so much tripe. There is no real argument between any of us on this subject but it is clear that much of the so-called diagnosis in this type of case will not stand up under care ful analysis. I am quite sure, however, from what information that I have that several of those Boston cases of Timothy Leary's were very genuine. With best regards and hoping to see you soon, Sincerely yours, A. J. Lanza, M.D. Assistant Medical Director Mr* Bradley Dewey, President ' Dewey & Mirny Cbenical Coepany 62 Ihltteeore Avenue Canbridge, Massachusetts Dear Bradley) $ Since X aeee to bare becoao a sort of self* appointed officer between ay friends Dewey and Xansa, X send you the enclosed copy of a letter re* ceived Tuesday from the latter* ' Please do not bother to reply unless you feel so disposed* Sincerely yours. MB ZB Zncl* Manfred Bowditch Director l t .. The Saranac Laboratory for the Study of Tubbrculosis of THE EDWARD L. TRUDEAU FOUNDATION votT r/pica aox ffl 7 CtiUKCH ITUIT Saranac Lake, N.Y. March 22, 1936 Mr. Manfred Bowditch Department of Labor 23 Joy Street Boston, Mass. Dear Manfred: On my return from Guatemala I found your letter of the 4th with Its enclosure from Mr. Bradley Dewey. I do not think that h^s explanation that Russian and Rhodesian asbestos might be the cause of asbestosis is the ptg!per one. I cannot help but feel that the length of the fibre has more to do with it. However, one must admit that there have apparently been more cases of this disease in your state than Tony was able to detect up at Mannheim and other places. I talked tolth Tony not so long ago and promised to send him autopsy reports on all the cases I have seen. His experience with x-rays tends to make him minimize the condition, but certainly it is a real thing and cannot be G)ughed off too easily. On the other hand I do not believe that we are seeing the extreme cases that have been reported from England. Thanking you most kindly for keeping me Informed, I am, with very best wishes. Sincerely yours. LUO:CC Leroy U. Gardner, M.D. Director '* i Hr. Bradley Dewey, President . Oewe> & Aliy Chemical Company 62 Whitteaore Avenue * Cambridge, Massachusetts Bear Bradley* *. > * Ringing down the curtain on the esbeetosis - nutter, herewith is s copy of s letter received today from Dr. L. U. Gardner who has been away from uie of fice for a number of veetes* . Sincerely yours* \ MB IB Encx* Manfred Bowditcb Director 4 r- : 7.Vi ft Oicr- PmMmmr. MMiC* UMf.M. Vl> (MMHI 9^ $ Deweyaxi> Auiy Chejiieal Cojipant MC0H0*AT&D IM MAStACMUSCTTS UMtlOM. HMUtHWWm jiaUlWB C*UPOMtA UAREX DEWALCO AND GOLD SEAL PRODUCTS Cambridge B, Massaciius, CAflkX AOOMII OCWALCO'* BOSTON March 28, 1928, Mr. Manfred Bov/ditch, Director, The Commonwealth of Mass. Department of Labor, Division of Occupational Hygiene, 22 Joy Street, Boston, Mass. Dear Manfred: As a postscript to the final curtain, I call your attention to the second paragraph of Dr. Gardners letter about the conditions England. As I understand it, Rhodesian as bestos is used in considerable quantity in England. Perhaps I am wrong on this point. Why not have the biological departments of some of the universities that you are in touch with make some microscopic and X-ray studies to see if they can't find differences in various types of asbestos? Sincerely yours. ED:EB / 1 f Hr* Bradley Dewey* President Dewey and liny Chemical Company 6 Vhittesore Avenue Cambridge* Massachusetts Dear Bradley! f Shank you for your letter of March 8th* raising the asbestos curtain for an encore* Dr* Lanse will be up In the course of the next couple of weeks and Z an setting aside your suggestions for discussion with him at that time* Sincerely yours* ' KB B Manfred Bowditch Director <lk ^US htcc* _ (-- I ( Dewkyam) Aehy Chemical Compaxyt 4) V. mCOMPONAHO IM MAtftACMUICTTS #y V/ NIRIOAt.MktlACHUinTt OAMANO.CAUfOfMI I* MOMTAIAA MIlteURNK UNOON KAMI DARCX fyf-TDEWALCO AND GOLD SEAL PRODUCTS Cambridge B, Massachusetts CAtU ADOR1II -OCWALCO" BOSTON November 8, 1939. Ur. Manfred Bowditch, Director, Division of Occupational Hygiene, The Commonwealth of Massachusetts, 23 Joy Street, Boston, Massachusetts. Dear Manfred: A thousand thanks for the paper by Dr. George and Dr. Leonard on the asbestos situation. It is a scholarly work and I have road it with a lot of interest. I am still aware of the fact that I ought to be getting together with you but, I on the otherhand, the problems incident to the present upset conditions of the world seem to be multiplying rather than lessening, and I am pretty nearly frantic. Sincerely yours. BDiEB 0 "V 1 difD fichibd l - iOj3il34 T>iu>tu frw 0DUJddch kMirU ihtioautiton A**DiVidn insfiaor /Jr CHuns u/i/M Vtwcq--fa>nt fy)Midth Imr mhhninq ffJans' orrimJ S J 12/11/34 rnfe- 11 StperMci bu \ Drytins" b- izju jzA Hobs Arm. Elki'ns ` psU is Ojbdf pOwtb 7 \2/10/37 UmoUm y&uldd) km cawnine/ /Delay's e&imJion 12/13/32 <H Omsttx ti&iiy tfouidiich ArorK UnZ*- Sittll Ahfcf-isSbc&asis 4 "modes ru&" Unit, Itdik 6tMic7ch (not sent, fouhdkouXcfo UnznJ jtiJunaa&uJ Dbuueys 'jh/oUf to 12/14/37 ftoudJth droiKbiLrdmr izdfang Jw&ui AAnOti^s Auau^ It e/p/3t !$. i/4/3? CtfJMJotunJ) 6ttrdntr Aron. EowcUkJi SirpiuuJ. 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