Document RJznvYDn9YZxxyz84R7MwJMZ7
98-25C CLJ/comp
L
NO. 94-C-2110-2
JOHNNY B. AARON, ET AL.
IN THE DISTRICT COURT OF
VS. BRAZORIA COUNTY, TEXAS
ABEX CORPORATION, ET AL.
23RD JUDICIAL DISTRICT
TELEPHONIC DEPOSITION OF: LOUIS KILIAN
JANUARY 9, 1998
COPY
DUPLICATE
FILE COPY
BEAUMONT
Petroleum Tower 550 Fannin. Ste. 1125 Beaumont, TX 77701 Tel: (4091333-0016 Fax:(409)833-0793
WORLDWIDE : COURTREPORTERS,
HOUSTON
Texaco Heritage Plaia 1111 Bagby, Ste. 2500 Houston, TX 77002 Tel: (713) 651-1100 Fax:(713)654-1888
T.nn.7/{C.< ini
INC.
DALLAS
City Place Center 2711 N. Haskell Ave,, Ste. 410
Dallas, TX 75204 Tel: (214) 824-2011 Fax:(214)824-1609
13 1 Q. (By Mr. Lanier) I just thought he was 2 making the joke, he said as best as I can tell 3 it. 4 MR. RUBEN: No, sir. He's just 5 answering your question. Shall he continue? 6 Q. (By Mr. Lanier) Yeah. I thought he was 7 making a pun off asbestos. I was going to 8 compliment it. As best as I could tell the 9 story. 10 MR. RUBEN: No, not at all. He's 11 just trying to answer your questions. 12 A. To tell you the truth, I wish I had 13 thought of it. 14 Q. (By Mr. Lanier) My apology. I thought 15 it was clever. I was. going to compliment you on 16 it. I didn't mean to interrupt. Go ahead, sir. 17 MR. RUBEN: Go ahead, Mr. Kilian. 18 We have limited time and I want you to give full 19 and complete answers. 20 A. My understanding of the history of the 21 company is that it began, oh, I think, before 22 1930, but let's say 1919 or something by a man 23 named Wert Quigley. So the company got the name 24 from an individual whose last name was actually 25 that. And I think he started the business in his
WORLDWIDE COURT REPORTERS, INC. 1-800-745-1101 AUSTIN/BEAUMONT/DALLAS/GALVESTON/HOUSTON
14 1 basement in Brooklyn. And I think he developed
l 2 -- he had worked on boilers I think for the coal
3 company or something and had worked on mortars or 4 whatever to put brick together. And then 5 Mr. Quigley at some point, I think it was around 6 the early '30s, had bought a plant in Sayreville 7 to go into the business of making some refractory 8 brick. And he bought it because that plant at 9 the time was the Old Bridge Brick and Tile Enamel 10 Works and was just what he was looking for. I 11 guess he wanted to go into the brick business. 12 Then at some point after that, really he 13 did mostly brick making but then discovered a 14 process for extending the roofs of open hearth 15 furnaces and that really made Quigley Company 16 into the monolithic refractory company that it is 17 today in the sense that -- or what it was until 18 1992, in the sense that that's the business that 19 Quigley is primarily in and that's making basic 20 refractory materials to spray inside furnaces to 21 extend the life of those furnaces. And so it 22 kind of graduated into BOF furnaces and electric 23 furnaces. 24 Q. (By Mr. Lanier) Okay. Hang on. I'm 25 writing slower than I'd like.
WORLDWIDE COURT REPORTERS, INC. 1-800-745-1101 AUSTIN/BEAUMONT/DALLAS/GALVESTON/HOUSTON
15 1 When did you understand Quigley began 2 using asbestos in the manufacture of any of their 3 products? 4 A. From what I can tell in going through 5 some of the Quigley files and information, I 6 think that that probably would have started 7 around 1935. 8 Q. What size of a company was Quigley when 9 if was dissolved in 1992 or whatever? 10 MR. RUBEN; This is Ron Ruben. I'm 11 not sure what you're asking him, sir. Could you 12 rephrase that? I don't know that he told you it 13 was dissolved. Can you clarify that? 14 MR. LANIER; Yeah. It's a good 15 point. 16 MR. RUBEN; He'll answer it, but 17 maybe just break it down for him. 18 Q. (By Mr. Lanier) In 1992 Quigley sold 19 their assets or at least the plant that you're 20 involved in to Minteg. Did Quigley sell 21 basically all of their manufacturing that you 22 understand? 23 A. I guess they did. 24 Q. Okay. Did they have any other plants 25 other than the plant that you've referenced
WORLDWIDE COURT REPORTERS, INC. 1-800-745-1101 AUSTIN/BEAUMONT/DALLAS/GALVESTON/HOUSTON
45
1 THE STATE OF TEXAS COUNTY OF HARRIS
2
3 REPORTER'S CERTIFICATION
4 TO THE DEPOSITION OF LOUIS KILIAN TAKEN ON JANUARY 9, 1998
5
6 I, Carol Jenkins, Certified Shorthand
7 Reporter in and for the State of Texas, hereby certify that this deposition transcript is a true
8 record of the testimony given by the witness named herein, after said witness was duly sworn
9 by me.
10 I further certify that I am neither
11 attorney nor counsel for, related to, nor employed by any of the parties to the action in
12 which this testimony was taken. Further, I am not a relative or employee of any attorney of
13 record in this cause, nor do I have a financial interest in the action.
14
15 Further certification requirements pursuant to the Rules will be certified to after
16 they have occurred.
17 SUBSCRIBED AND SWORN to on this the 9th
18 day of January, 1998.
19
20
21 Carol Jenkins
22 Certified Shorthand Reporter In and for the State of Texas
23 Certification No. 2660 Expiration Date: 12/31/98
24
25
WORLDWIDE COURT REPORTERS, INC. 1-800-745-1101 AUSTIN/BEAUMONT/DALLAS/GALVESTON/HOUSTON
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
ANNA M. CHRISTELLO, et al vs ,
BETHLEHEM STEEL CORP., et al
CIVIL ACTION NO. K - 8 3 - 1.2 5 5 - K
GEORGE DAVENPORT, vs .
BETHLEHEM STEEL CORP., et al
CIVIL ACTIONNO. K-83-3033-K
DORIS V. ELARDO, et al vs .
BETHLEHEM STEEL CORP., et al
CIVIL ACTION NO. K-83-3762-K
CLAIR W. BRESSLER, et al vs.
CIVIL ACTION NO. K-83-3 60-K
BETHLEHEM STEEL CORP., et al
WALTER ROYAL, et al ' vs .
CIVIL ACTION NO. K-83-2436-K
-BETHLEHEM STEEL CORP., et al
? 23
WILBERT R. HENSON, et al
: CIVIL ACTION
&
24 25
vs .
i NO. K-81-2112-K
BETHLEHEM STEEL CORP., et al
400 MARKET STREET Philadelphia pa iim
KAIPJE COURT REPORTING SERVICE
U 3I * 7JW
*-^9 U\CC\b \" 1 Cb
Joseph J. Marino
16
1 chemisty, acids and basics.
2 Q.
When you say process/ what you mean is the
3 process which the refractory is being subjected to - -
4 A.
That's correct.
5 Q.
-- and not the process of manufactur i ng the
6 refractory?
7 A.
That's correct. That's correct.
8 Q.
Let me give you some terms, if I can, and
9 ask you if these products were being made by Quigley
10 when you first arrived there in 1969. Castable
11 refractories?
12 A.
Yes.
13 Q.
what is a castable refractory?
14 A.
A castable refractory is a -- is a method of
15 installation. You -- it's like your -- like cements,
16 you're pouring concrete on the road, you mix it up
17 with water, mix it into some sort of a mixture and
18 then just pour it into place.
19 Q.
When we say --
20 A.
It's castable .
21 Q.
When we say it's castable, we mean a form i.*
22 made up and it's poured into the form so that the
23 shape can be cast?
24 A.
Usually there's a form to it, yes.
25 Q.
And how about a plasticrefractory?
400 MARKET STREET Philadelphia PA 19106
HOIP^COHSQ
nmIBT BFPOBTINGT SEftVlCE
PHOHfi {2151
I
Joseph J. Marino
17
1 A.
A plastic is like a clay where you would
2 just ram it into or hammer it into its cavity or
3 wherever you're putting it.
4 Q,
And you mentioned you might ram it into
5 place .
6 Is there a difference between 7 something called a ramming mix and a plastic
8 refractory?
9 A.
It's usually -- a ramming mix you would
10 normally mix with water first to a specific
11 consistency and then ram it into place. A plastic is
12 already mixed and it's already in the clay form and
13 you would just ram it into shape.
14 Q.
so that the plastic refractory comes to the
15 customer already moist?
16 A.
That's correct.
17 Q.
Already wet, and the ramming mix normally
18 comes dry and has water or some moisture added it to
19 it?
20 A.
Normally.
21 Q.
What about lagging, what is lagging and did
22 Quigley make a lagging in 1969?
23 A.
Lagging is a term of insulating the outside
24 of -- insulating or coating the outside of a
25 particular unit or vessel.
*00 MARKET STREET PHILADELPHIA PA 19106
KffliJ-CQt|En rniiBT oeonoTiMrt ceav/irc
PHONE 15151 936 9300
Joseph J. Marino
16
1 Q.
is it a term --
2 A. 3 Q.
Pipe. - - which describes a product or a term which
4 describes the manner in which a product is
5 installed?
6 A.
It's more of a manner.
7 Q.
Okay.
8 A.
Kell, it's more of -- a manner in which it's
9 installed, a manner -- it's just a -- it's a
10 description. I can't -- I'm not sure I can give you
11 another -- something else that's clearer.
12 Q.
Let me ask this. Can you tell us what the
13 difference is, if any, between calling something an
14 insulation product as opposed to calling it a
15 refractory*product?
16 A.
Well, usually a refractory has to withstand
17 the process conditions on which it's being applied
18 to, either it be molten metal, unusual atmospheres
19 within the vessel. An insulation does not have to
20 normally withstand the process conditions. It's usee
21 to conserve energy and it's used as a back up to a
22 refractory normally.
23 Q.
Am I correct that there are products which
24 serve to some extent both functions, products
25 referred to as refractory insulations?
400 MAAKET STREET PHIt.AOCl.AHIA PA 19106
HHIPEJ-COHCn finilPT REPORTING SEffolCE
PhQHE (J1S) 928 9300
19 j Joseph J. Marino
A . That's correct.
Q. And is that because they have attributes of
both the refractory and the insulation?
A.
i
j Q.
That's correct. Describe for rr.e, if you would, some of the
types of products which classify as refractory
insulations.
A. Well, they're normallyin the alumina
silicate line and their features are that they can
withstand high temperatures and they are relatively
light in weight.
Q. And what -- and what forms did they come in
in the time when you first came to work at Quigley;
and by forms I mean bricks, castables, plastic?
A. Are you asking me what forms Quigley made
them in or which forms they came in period?
Q. Why don't we talk about it generally and
then we'll get to Quigley specifically.
A. Generally they came in pre-shaped which are
brick or some other form made, castables, gunnibles.
Q. You used the word gunnibles. What is that?
What does that mean, if a refractory insulation is a
gunnible?
A. It just means it can be applied via
pneumatic process.
400 MARKET STREET RMII.AOEI.PHIA pa 19109
KMBCf-COftlCf! COURT REPORTING SERVICE
pmonE (2151 *29 9X0
Joseph J. Marino
171
1 CERTIFICATE
2 STATE OF NEW JERSEY
3
4 COUNTY OF CAMDEN
5
6 I, Mary Jane Brennan, Registered
7 Professional Reporter-Notary Public within and for
8 Camden County, State of New Jersey do hereby certify
9 that the foregoing testimony of J. J. Marino was
10 taken before me at 235 South 17th Street,
11 Philadelphia, Pennsylvania on Monday, May 20, 1985;
12 'that the foregoing testimony was taken in shorthand
13 by myself and reduced to typing under my direction
14 and control, that the foregoing pages 1 to 170
15 contain a true and correct transcription of all of
16 the testimony of said witness.
17
18
19 / Y -Z_- -*.t- s. 'y-.ss'r -
20 MARY' JANE BRENNAN Notary Public
21
22 My commission expires
MARY JAWC BRENNAN
23
Notary Pute*c of
*****
My Commi*4too fc*pe4 ** *9
24
25
400 MARKET STREET
OWII ACVKI PMIA PA 141AA
HAIPSI-COHCn
PHOK (215) 92ft 9900
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
HANNAH WEAVER, as Personal Representative of the Estate and Survivors of CHARLES D. WEAVER, Deceased,
Plaintiff
Versus
THE CELOTEX CORPORATION ET AL,
CIVIL ACTION NO M-86-0112-CA
Defendants
QUIGLEY COMPANY, INC.'S ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS
TO Plaintiff and her counsel of record Defendant QUIGLEY COMPANY, INC. ("Quigley"), by its
undersigned attorney, hereby answers PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS (hereinafter "Requests") as follows:
GENERAL OBJECTIONS
1. Quigley objects to Plaintiff's Requests on the grounds that they are burdensome, not relevant and not reasonably calculated to lead to Lhe discovery of admissible evidence and that Quigley has only limited records of ever having sold any products to the Plaintiff or Plaintiff's employers. Without
-27-
Insurance Company and published in the Public Health Report, Vol. 50, no. 1, dated January 4, 1935? ANSWER: No.
66. When was your company first aware of the above mentioned Lanza report? ANSWER: See General Objection ;No. 5.
67. Please state whether the defendant, defendant's predecessors, or defendant's subsidiary companies at any time have been members of any "trade organization" or "trade association" composed of other manufacturers, miners and/or sellers of asbestos products and, if so, please identify the name and address of each such association or organization, the dates of membership, and the names of any publications issued or written by such association or organization. ANSWER: Quigley was a member of the following associations:
American Society for Testing Materials American Institute of Metalurgical and Petroleum
Engineers American Ceramic Society Refractory Institute American Iron and Steel Institute While Quigley has no records indicating that it was ever a member of the Industrial Hygiene Foundation of America, Inc., or its successor, the Industrial Health Foundation, Quigley is aware that records in the possession of the Industrial Health Foundation tend to indicate that Quigley
ST r-i \ *i ^ r r r* ?z
STATEMENT OF INCOME, EX i1 ESSE f AND rl'ND BALANCE Years Ended March 31, 1980 and 1979
PLAINTIFFS EXHIBIT
RI-125
Ini -'.'ine: M-'rr.bers ' dues Interest income fale of publications Factory Operators' Meeting Cr an t s Miscall neous
registration
A \1
Expense: 8tnff payroll end related expenses: Salaries end t eir.pors ry help Payroll taxes Retirement benefits Insurance benefits
Office i-xp- nses : Stati.'r.ory end supplies Office equipment maintenance and rental Other office expense Post age <v--nt TeIephone Insurance and taxes
Institute activities: Staff expenses Meetings ~
Pub 1icat ions: Print ing Census Bureau statistics Hues and ^ubscriptions
i960
$451,234.50 38,577.22 13,774.70 21,610.00 54,000.00 6.24
579,252.66
126,885.95 6,038.55
32,695.58 4,320.57
169,940.65
4,783.81
436.28 11,381.03
7,S64.11 17,501.58
9,661.85 1,308.97
53,027.63
16,898.70 54,163.00
71 ,061.70
10,273.70 10,080.00
4,555.82 \
24,909.52
( Coii t i ruiL'd )
1979
$383,022.50 2 3,98 3. 70 22,500.39 11,617.50
ISl .65
441,306.24
88,1 lr. 9 3 2,336.68 3,170.58 3,3313.78
97,462.6 7
5,325.49
855-97 909.96 8,022.56 13,930.03 4,188.74 1 , 146.65
34,377.40
7,360.71 30,258.21
38,118.92
10,634.05 9,560.00 3,998.66
24, LP2.71
S fA w
OF
M P*' > -- A * U ' 'M** U*( ('or, t i rsiii-ii )
i) ra:.\
Years Endud March 11, 10SO and 1979
Er.peo.se (Continued): Professional services: Auditing and accounting Loga 1 Re i-.r.Rursed expenses
Special surveys Impact study, Others OS HA study
and projects: silica
Grants: Ohio State University Testing and Research Programs Contest awards Foundation in Refractories Education (FIRE)
Excess of income over expense before depreciation
p recia tion
Excess of income over expense
nee , g of year'~ "
Fund ba larrce Z end of year
19S0
1979
$ 3,875.00 53,309.60 10,015.32
10,69/4.20 54,992.61
132,686.53
$ 3,750.00 70,945.35 !1,769.75
16,147.91 29,910, if.
130,523.17
37,508.00
23,000.00 60,508.00 512, 134.03
67,118.63 3SS.P0
66,230.63
335,422.33
$401,652.96
31,796.54 ` 468.75-
2 3,00n.00 __55_j_26_5_.2_?
379,939.96
61 , 366.28 836.02
60,530.26
276,392.07
S335.422.33
\
33
BOARD OF DLRECTuRS THE REFRACTORIES INSTITUTE
1930 - 1981
R ogc- r G. A c'r. nr.an A. M. (Tony) Cal to Henry P. Day Dun a Id R. Do Vo mix '.-.'ns. A. Franca, Jr. Eny.-.c-nd T. Hogonnn Donald Herzfeld Hovard E. Konrad Francis H. T.o'ibe Ralph V. !.n\-.-re:ioe John G. Matchulat Robert E. McIntosh Richard B. McNamara Novara M. Nelson, Jr. Harvey R. Pederson Richard J. Puricelli Wi 11 i-on W. Raleigh Paul H. Reed Robert H. Rook Robert W. Schaefer Rich.ard C. South Robert P. Stuntz i.ean R. Inacker `.'ill i am T. Tredc-nnick E. Ave ry '.-.'i 11 ierrs , Jr.
Corhart Refractories Co. Sasic Incorporated Valley Mineral Products Corp. Harbison-Walker Ref rectories J. H. France Refractories Co. C-E Refractories Tnterpace Corporation Johns-Manville Sales Corp. Freeport Brick Co. General Refractories Co. Ferro Corp., Electro Division" A. P. Green Refractories Co. Norton Co. Kaiser Refractories Chicago Fire Srick Co. The Carborundum Co. Tidier Taylor Refractories Corp. New Castle Refractories Co. Martin Marietta Chemicals Plibrico Company Lava Crucible-Refractories Co. Babcock & Wilcox Co. Quigley Co., Inc. Rcsco Products, Inc. `North American Refractories Co.
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TO: FROM: RE:
July 28, 1980
ALL FORMULA CARD HOLDERS J. P. Zitelli FORMULA CARDS - CORRECTIONS
The attached Formula Cards (F-406, F-417, F-491) have bean revised in order to conform to Raw Material Specification Sheets.
Please destroy the corresponding cards previously issued to you and replace them with these in your files.
the WOllastonite in F-406 and F-417 now has code number 1123
as per the raw material book and computer files. Also, the Secar Cement -
in F-491 is now designated, 'Secar 71'.
*
JFZtdc Enclosures
PLAINTIFF'S EXHIBIT
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o f i nSpscist ManulactuunQ Instruction* and/or Gansral Cornrasnts:
Combine components PORTION Z h o ld in g ta n k . Add
components in s p e c ifie d o rd e r w ith continuous m ix in g (w a te r-s ilic a te s o lu tio n should be 33.5 Bauae). Supply heat in w in te r as necessary to prevent freezing.
ICombine components o f PORTION X I and s ix . W hile m ixin g
add PORTION s o lu tio n . C onsistency may be v a rie d as necessary by a d ju stin g liq u id s content.
I* NOTE: PORTION o f t h is p ro d u c t is th e same as
th a t used fo r re g u la r Chromix F-17.
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