Document K69v4aaYQzZw5ZRb1qBQZGvzK
UC 143-2
INTERNAL COSRiSPONDcNCt
PLAINTIFF'S! r'exhibit*'
UC-81-0*Wm\
METALS DIVISION
To(Name)Mr. J- J- Sibley Division uCC-Law Dept.
Location 47th p-|00r
270 Park Avenue New York, NY 10017
copy to
MessrSt
File
H. B. Rhodes S
W. C. Thurber^
P. 0. BOX 579 -4525 ROYAL AVE., NIAGARA FALLS. NEW YORK 143C2
April 4, 1978 "Calidria" Asbestos
Answering letter date
Affidavit for Kanawha County Case
Enclosed is the duly executed Subject as revised by me.
JLM:dal Enclosure
`C-CE/vex
APR - 7 m
IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA
CHARLES J. SOWARDS, JR.
DALLAS E. TAYLOR, WALTER
)
BUCHANON, JAMES E. CANNON
)
and BERNARD BELVILLE,
)
)
Plaintiffs,
)
) CIVIL ACTION NO. CA-78-107
vs. ) (Judge Goshorn)
)
)
JOHNS-MANVILLE CORPORATION,
)
a corporation, et al..
)
)
Defendants.
)
AFFIDAVIT OF JOHN L. MYERS IN SUPPORT OF A
MOTION TO DISMISS ON BEHALF OF UNION CARBIDE CORPORATION,
A CORPORATION
JOHN L. MYERS, being first duly sworn on oath, deposes and says that:
1. He is Marketing Manager-Asbestos of the Metals Division of
defendant Union Carbide Corporation ("Union Carbide") with an office in
Niagara Falls, New York, and has been employed in that position by Union Carbide since 1970.
2. He has personal knowledge of the matters hereinafter set forth,
is competent to testify to such matters, and makes this affidavit in support
of the motion of Union Carbide to dismiss this action.
3. Union Carbide does not now, and never has mined, processed, or
sold any asbestos or asbestos products for use in the heat insulation industry
including, without limitation, asbestos insulation, asbestos papers, asbestos
board, asbestos block, aircell pipe coverings, asbestos rope, asbestos cement,
insulating felt, asbestos gaskets, asbestos packing, insulating cement, lace
on insulation of asbestos, slip-on insulation of asbestos, semi-expansion
insulation, asbestos cloth, asbestos-cement sheets, asbestos sheathing, asbestos electrical panel insulation, asbestos yarns, calcium silicate, celinite sheathing, asbestos tape, and molded insulation.
4. From 1963 to date. Union Carbide has mined, milled and marketed CALIDRIA asbestos fiber, a unique form of chrysotile asbestos not elsewhere produced. CALIDRIA asbestos is a uniformly short fiber asbestos not suited for insulation materials.
5. If called upon to testify in open court on said motion to dismiss, affiant would testify as set forth herein.
Further affiant sayeth not.
SUBSCRIBED AND SWORN TO before me this <3ay of , 1978, in the County ui Niagara, State of New York.
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