Document RjzbKBmNNz3BoMvZd23o8JdBz

PAGE: 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Edward Drislane Page and Line Hughes et al. v. Johns-Manville et al. August 23, 1982 LINES: 21-24 1-24 1-20 13-24 1-5 4-24 1-24 1-24 1-24 1-24 1-24 1-24 1-15; 21-24 1-24 1-24 1-24 1-4; 15-20 6-24 1-24 1-10; 19-24 1-24 1-24 1-8 IN THE COURT OF COMMON PLEAS FOR PHILADELPHIA COUNTY ROBER7 A. HUGHES, SR., Plaintiff vs. JOHNS-MANVILLE CORPORATION, ET AL, Defendants OCTOBER TE~~. 198: CIVIL TRIAL DIVIS: JURY TRIAL D~~~DE NO. 4 53 0 (811) !l ~.: IN TiiE UNITED STATES DISTMCT COURT FOR TEE EASTERN DISTRICT OF -~ENNSYLVANIA ~ ~ ~-- r~ I JANET ~. RICE, Administratrix : of the Estate of PAUL S. RICE, I I Ceceased CIVIL ACTION ~ Plaintiff .nq vs JURY TRIAL DEMANDEI: JOHNS-MANVILLE CORPORATION, et al, Defendants NO. 80-0662 NANCY W. REES, Executrix of the Estate of KERMIT M. REES and NANCY W. REES, in her own right, Plaintiffs vs. JOHNS-HANVILLE CORPORATION, et al, Defendants CIVIL ACTION JURY TRIAL DEMANDED NO. 80-4034 vi~; a&~ ~ d~~ .fnc-. gl,?,,u-uL 9~~ f 2 f f ~I&Wau.t .59., !/'wM:, 9()I ~lia, ~a.. 191C7 (.tt.S)So-4 -.1181 ----------- - - - - - - - - - - - - - - - - - - - - I PAGE'- ~----------~~----------------------------------------- ..~ I Paramus, New Jersey August 23, 1982 Deposition of EDWARD DRISLANE, held at FRICTION MATERIALS STANDARDS INSTITUTE, E-210, Route 4, Approved Repor~er for t~e United States District Court. I ---------------- I I"AGE' ....:_ / -A? ?EAR.1lu'iCES : BLANK, ROME, COMISKY & McCAULEY By: JONI J. BERNER, ESQ. 1100 Foe= Penn Center Plaza Philadelphia, Pennsylvania 19103-2599 Attorneys for Plaintiff DURAND, GORMAN, HEHER, IMBRIACO & LYNES By: ROBERT P. GORMAN, ESQ. 105 College Road East Princeton, New Jersey 08540 Attorneys for Edward Drislane and Friction Mate: Standards Institute CU~N, MYLOTTE, DAVID & FITZP~RICK By: RICHARD J. AHERNE, ESQ. . 1718 Locust Street Philadelphia, Pennsylvania 19103 Attorr.eys for Pittsburgh Corning LAMB, CHAPPELL, HARTUNG, BALLIPOLI & COUGHLIN By: HAROLD G. POPE, ESQ. 70 Sip Avenue, Journal Square Jersey City, New Jersey 07306 Attorneys for Celotex NILON, PAUL & MARDINLY By: ESWARD R. PAUL, ESQ. 320 ~vest Front Street Media, Pennsylvania 19036 Attorney for Lear Siegler, Inc. RONALD H. SHERR, ESQ. 601 Dekalb Street Norristown, Pennsylvania Attorneys for Westinghouse SCH~7ARTZ & ANOOLINO By: MARK A. INFANTE, ESQ. 354 Eisenhower Parkway Livingston, New Jersey 07039 Attorneys for Eagle-Picher WHITE AND WILLIAMS By: PETER SAMSON, ESQ. 1234 Market Street Philadelphia, Pennsylvania 19107 Attorneys for Southern Textile Corp. and S.K. Porter Co., Inc. I I , 3 '"AG _ I~ THE COURT OF CO~~OK PLEAS FOR PHILADELPHIA COUNTY ROBER~ A. HUGnES, SR., Plaintiff vs. JOHNS-~~~ILLE CORP., et al Defendants OCTOBER TER.."!, 195: NO 4 5 3 0 ( 8 ll ) IN THE UNITED STATES DISTRICT COURT FOR THE EA~TERN DISTRICT OF PENNSYLVANIA ;, ~ JA..'-;E~ ~!. RICE, Adrnrx. CIVIL ACTION ;i I vs. .. 'Gil ~ JOHNS-HA:t-.~IL.LZ CORP. , et al (' Defendants NO. 80-0662 1., And related case ~i :j 80-4034 J j IFMSI-1 FS:-.!I-2 to FS~li-15 Pamphlet about History of FMSI G~oup of docwnents PAGE 9 18 FSMI-lA to Group of folders FSMI-lZ and AA 29 ------------------ I Oris lane PAGE~ I1 MR. AHERNE: z ?it~sbur;h Ccrninc. Richard Aherne, for 3 On July 29, 1982 UNR Industries 4 Corporation filed a petition in the United 5 States Bankruptcy Court for the Northern 6 District of Illinois, Eastern Division seekinc 7 II reorganization treatment pursuant to Chapter Xl I I8 ,.~ 9 of th~ Bankruptcy Code. As a re~ult of this ~ J !iling, Pittsburgh Corning Corporation tak-e..1.. r-th 10 ~ position tha~ all litigation in which UNR ~ ~11 UNARCO was a party at that time or th3 filing i ~/ 12 automa~ically stayed. That would include ~his J13 case. j 14 : On behalf of Pittsburgh Corning 15 Corporation, we respe~tfully request this 16 discovery be postponed and that stay be 17 respected. 18 If this request is denied, we shall 19 remain and participate: however, it will be the 20 position of Pittsburgh Corning Corpora~ion that 21 first, this discovery will be taken in violation 22 of the automatic stay under title 11 u.s.c. 23 Section 362 and therefore, will be without 24 effect: and second, our participation herein I Drisla.ne 1 shall no~ in any way be deemed a waiver of ou: z- posi~icn as previously stated. 3 ~~ 5 BE R~lE R : I think i t ' s 4 appropriate that I respond to the statement, 5 especially to the extent that the reques~ fo= 6 postponing this discovery is directed to me. 7 First, that request is respec~ful 8 denied and we intend to proceed. We have rnade I9 our position quite ~lear in other depositi2ns ~ 10 taken last week in which the identical staterner , i11 ~ was read on behalf of Pittsburgh Cornin~. We ( 12 ~ not believe that any automatic stay connec~ed I l3 .,., i t !1 li :~;. RC0 ' s bankruptcy has any effect c n ' 14 litigation with other co-defendants and on that 15 basis we're proceeding. 16 EDWARD W. ORISLANE, having been 17 first duly sworn, was examined and testified as 18 follows: 19 EXAMINATION 20 SY 1'-!S. BERNER: 21 Q. Mr. Drislane, what is your position with 22 the Friction Materials Standards Institute? 23 A. Secretary. 24 Q. Do you hold any other position with the ~ -- I Drislane 6 PAG- I1 - ! ::-. s t i ~ 1; t e ? 2-- .. 1 .; 3 <l .'..... Q. How long have you been associa~ed I4 institute? 5 A. October 1970 I started. wi~~ ~ I6 Q. 7 A. Is it a full-time position? Yes. 1,, 8 Q. t~F~ was yo~r ernploy~cnt i~~ediate~y ., ~ ;I ./ -9 ~ before your position with F~SI? ~ ~-- .;; 10 ...II ...... -;:.:a s .. .<: .l !"'. s & Sells, a certified public ~ II .l r ll ~ ~. accountan-:. 12 c. \ie':-e in an oi=ice on Route 4 in ?ara~~s. ..I 13 ~r e \-: ~ .: r ::; e y 'I 14 J ~ ~15 '1 A. ~16 :; 17 Q. A. Is that the only o=fice of FMS:? Ye ~ How long has i~ been at this address? January 1, 1972. 18 i Q. As Secretary or Executive Director of the 19 Institute, do you have particular responsibility 20 for organi=i~g an~ ~aintaining f i l e s and other 21 docunents7 22 A. Yes. 23 Q. What is that responsibility? 24 A. Repeat your full question before that then. , I Drislane PAGE 1 I t is ~aintainir.g f i l e s . --T Q. Yo~ ~ave chief responsibility for 3 ~aintaini~g the f i l e s of the !ns~i~ute? 4 .~. Yes . 5 Q. \fuere are those files physically locate 6 A. At this office. 7 Q. 8 ~ ...... Are all FMSI files in this office? Yc~. "9 4 Q :i Ho '"' 1 on g has f ~! S! been in existence ? 10 ~1 P. Since about 1948. fl ( 11 ;:1I Q. Did ~t exist in any other form, by any 'I 12 other na~e bef~re that date? 13 ~' .-.. .t i14 Q. 15 ~ .-.. :I 16 Q. Yes . ~~at was i t ' s prior existence? I don'~ unders~an~ the question. In what form did it exist before 1948; d. 17 it have a different name? 18 A. Yes. 19 Q. ~~at was its name then? 20 A. Brake Lining Manufacturers Association. 21 Q. And how long had that organization existe 22 A. I don't know. 23 Q. As far as you Know, is the Brake Lining 24 Manufacturers Association the only predecessor I -I I1 ~o F~SI? ,2 -;I ~ '! 3 A. C No. \lh a t Oris lane a r e the o t. h e r s ? 8 P'"AGE- 4 A. I don't know. 5 Q, Mr. Drislane, when we were waiting for 6 this deposition to begin I couldn't help but 7 ,; ~. .8 notice a brochure in the front office, perha?s - entitled history of Fri=tion Mate~~als Standard ~~ ~ ~ ;.. w / 9 I :~stitute or at least indicating the histor~~f ~ I10 this organization. ll Are you familiar with the pamphlet ~12 I A. 13 c. Yes., Is that pamphle~ among the documents that ~ 14 A you are producing tocay in response to a I15 subpoena? 16 A. Y:s. 17 0~ To the best of your knowledge, does that 18 pamphlet depict a true and accurate history of 19 20 !l this organization? A. Yes. 21 Q. So that the questions I have just asked 22 you and that you are not aware of, I should be 23 be able to find the answer in that pamphlet? 24 A. I think so. --------------------------------------------~--- Drislane ,. 1 Q. Whe~e is that pamphlet. .., . a ~, 2 ~I S . E E .F.~; .E R : 1 e t. s h a v e t h a ..' 3 a~ t~e first exhibit. 4 We'll do the others 5 A. Here it is. 6 MS. BERNER: I would just 7 copy for the Court Reporter to mark. Ne 8 goi~g to r.ark all the exhibits generated ,,9 =, ti tcc~ys C.cposition as FMSI Exhibit 1 and ~10 jf So this one will be FMSI Exhibit 1. , 11 12 l'!I I (Exhibit FMSI-1 marked for ice~ti.:icat:ion.) ~ 13 fj ,,I Q. ;''i r!r. Crislane, are you familiar with the ;{114 ~rc tic e of Deposition I caused to be served on- 15 z-... ' ..16 ~ you within the last several weeks? A. I don't understand the question. ! ...-.. 17 received a subpoena. I18 o. All right. 19 That subpoena listed certain items. 20 certain docu~ents that I wanted to inspect, ia 21 that cor~ect'? 22 A. Yes. 23 Q. The first category of items I am reading 24 from the Notice of Deposition is membership list I Drislane l PAGE- I1 -of the Friction Materials 2 - f~o~ t~e ince~~ion of the ~ Standards !nstit~te Institute to ths 3J "~' 4 ::1 ~ 5 Have you produced those membershi lists today? I6 MR.GORMAN: We have produced aneth 7 gro~p of documents called for, namely, minut~s J .. ..~, 8 ~ and pape~s of and Asbestos Study .....Cornrnittea whi ~ 9 :J I the group has been looking at. T'her e are .-... 10 ; ~ doc~~ents over on the window shelf to be ~ 11 d produced a~d we can produce each of those and ij 12 I h~ve them marked on the basis of the files now. I 13 j ~ MS. BERNER: That's what :L 14 "I' understand we were doing, Mr. Gorma~, and in I15 light of the subpoena , I w o u 1 d 1 ike t1 r . Dr is l an M 16 if he has those available today, I would like t. 17 know which folder or file contains the 18 membership list of the entire Institute .fror, it! 19 beginni~g to the present. Once that is 20 identified, we'll move on. 21 Or we can, as we said before, take 22 the time now to ~ark each of those membership 23 lists. 24 MR. GORHA~l: They are within I // --<1 I "''~ - -" I 7 , Drislane 1 ano~~er grou9 which he can tell you of. They r are not pulled ~y themselves but ~hey are par !3 o another group which is also called for ~erE 4 THE WITNESS: They d~n't exist b: J s ~hemselves the way you asked for i t . i6 MS. BERNER: All right. 7 Q. How about the second category, me~bershi s tl l I ~,, :i~~ of the Asbes~os Study Co~~i~tee of the 9 ".j. :nsti~~te fro~ the beginning of that comm..i._t. tee ._14 10 \j ~ ':.o ':he prese~t.. j ( 11 ~ Is ~~ere a separate file cantaini: 12 ' ~~~se nem~ershi? :~st.s? 13 ~ In t h e ~soestcs S~~cy Ccm~~t.t.ee ~inut~s i14 ~here is a list of the roster of people on the 15 16 ,, '""17 com~ittee at the ti~e. That provides the information y6u ara asking for in that area. That's in the Asbestos Study Committee minytes. 18 That's the only place they exist. 19 Q. Thank you. 20 \lh e r e H i 11 ! f i :'1 d t h e ::1 e ~ b e r s h i p 21 list of the entire Institute? 22 A. In the minutes of the membership meetings / 23 which are available to you. 24 Q. That is the third category on the subpoena I I Drislane I( 1 -that categor-y ! ar:t reading frorn is the sub?oe: I?,_ Minutes of all ~eetings of the l3 ~ 4 mernbe:-ship, Asbestos Study Co~rnitte~ or any I5 other co~r:tittee cr subdivision of the Institut 6 in which the use of asbestos in brakes and or !7 8 :. fricticn mate:-ials was discussed. Have you r.ade avai:able today ~ I~ " 9 .~, ~in~~es of ~he Eoar= of rirector' s of the d10 .1 :! "( 11 I rl.. ., Yes. 12 ~. files are those? ~~R. GORHA~: Ca:1 go off the l14 reccrd. 15 (Discussion held off the record.) 16 ~~ ~~ n. They're.identified as Board of Directo:-s ~17 :lin u 't. e s . I18 THE WITNESS: To answer your 19 question, there is a Board of Directors Minutes 20 ~ that is i~ one book from 1970 on to the present .,..21 and back further there arc blue files up there " 22 called Board of Directors and in there you woul~ 23 fi~d ~verythi:1g related to the Board of 24 Directors from 1969 which abuts the other one //. "YI. ~ I. OJfl. ,.,. -4 s~ ' I Drislanc L I'"AG_ ( 1 -back to the formation of the corporation. 2.- 3 A. ~R. GORt-~AN: Would you l i k e ~o They are the minutes f=orn 1970 on. 4 Everything earlier is in panda!lex folders. 5 Q. The blue pandaflex folders? 6 A. Those particular blue pandaflex folders, 7 these ones here. 8 I don't kno~ whether the red are 9 here. 10 Let me just check. 11 I think it is just these blue ones I 12 Q. Mr. qrislane, is there any iden-cifing 13 label on those blue folders? I14 A. 15 Q. Yes, Board of Directors, 1966-1969. That's for one folder. Would you read thE 16 other three or four folders? 17 A. Board of Directors, 1965. 18 Board of Directors, 1956-'S~. 19 Board of Directors 1950-55. 20 Board of Directors 1949. 21 Q. In addition, you have handed me a black 22 binder and on the binder is a green label that 23 says ~Board of Directors"? 24 A. Those are the minutes in the file since I I ( Drislane 1 carne with the Institute which are organized a 2'- I3 l i t t l e bi~ cet~er than the earlier ones. Q. Mr. Drislane, to the best of you~ 4 knowledge are the minutes contained in each of 5 the blue folders you have just described and t ~ 0 black binders true and correct copies of minut. 7 a r- ~ 9 10 of meeting held by the board of this Institute A. Ye~. .. Q. Do yo~ have any reason to be 1 i eve minutes as they appear in those folders .J ._t l'ta.t.:..---"t.l". or in ( 11 the blac~ binder have been altered in any way c 12 ~ !.JI 13 ~ateriallychanged? i\.. No. 14 Q. In your opinion, therefore, they are the 15 official record of those Board meetings, is tha 16 correct? 17 A. Yes. 18 Q. Mr. Drislane, the third category 6f the 19 Notice of Deposition also refers to minutes of 20 meeting of the general membership? 21 A. Yes. 22 Q. Are there minutes of the general 23 membership in this room? 24 A. Yes. Drislane "'AGE ( Q. Would you again identify them in the sa r.-!a n r. e r? A. This book here, black book without a la is the com~ittee's minutes from about 1970 up the present. It's the membership. And around six files here that might possibly be an overlap which start in 1~ and go up through 1973. So that would overlap of what you have there because that started in 1970. So ~here is six folders: Annual Minutes 1948-'49. ( Annual Minutes 1950-'55: Annua~ Minu~es, 1956-'59, Annual Minutes 1960-'65; Annual Minutes 1966-'69, and the one which may be an overlap, Annual Minutes 1970-'73. Q. Again, Mr~ Drislane, to the best of your information are the minutes contained in those folders and in the binders a true and correct copy of the minutes of the general membership o~ FHSI? A. Yes. Q. Again, do you have any reason to believe ./ that they have been altered in any fashion? A. No. ,, .-/1' , ~,,.....,.. . . . . . I Drislane I:( l Q. So these are the official records of thr l..,,_ 3 gener~l ~embership of t h e :~stitute, cor:rect? is that 4 A. Yes. 5 Q. Category three of the subpoer.a also refe 6 to minutes of meetings of the Asbestos Study 7 Committee. ,. 8 9 ..Am I correct in un~rstanding that _._s' those minutes have already been isolated ana- ~ 10 i shown to rne earlier this morning? 11 tl A. That's correct. !( 12 Q. Would you just look through these, please ~ I13 Mr. Drislane, the minutes that you !14 are looking at right now are for the following 15 dates and each one i~4icates that i t is a minute 16 of meetings of the Asbestos Study Committee or 17 of that same committee under its new name. 18 Would you remind me please what its new name is? 19 A. The Health and Environmental Affairs 20 Committee. 21 Q. Now the dates of those minute are: 22 September 15, 1971: February 10, 23 1972: August 17, 1972: February 16, 1973; June l, 24 1973; June 14, 1974: April 28, 1975: October 24, . .,, ... ,, .......... ' I ( Drislane PAGE: 1 1975: March 28, 1977; Janua:-y 19, 1978: Augus r 1978: Octcber 25, 1979: January 14, 1981 a:-.c! 3 April 28, :982. 4 Mr. Dris1ane, you look puzzled a 5 the same point as I did. There are no ~inute 6 for 1980. 7 As far as you know, were any l8 ~eetings held oi"the Asbestos Study Committee 9 1980? 10 1 A. I he~itatec for a different reason than ~ i11 what you die!. Because we always start t~e 12 1 ~eeting with a minute of the previous meeting 13 ~ and that particular meeting t~ey didn't do. I N. 14 was going by the previous meeting to make sure 15 didn't miss something, 16 Q. Do you k~ow i f the Asbestos Study 17 Committee met in 1980? 18 A. I am looking. 19 Would you give me a few minutes? 20 Q. Oh, certainly. 21 A. You people shuffle these things around. 22 Q, That is the co~plete package in the order 23 that you handed them to me about an hour ago. :!4 A. Just give me a minute, please. -------I ( l Drislane There are no 1980 minutes. 2--. were no r.1inutes. PAG _1 Ther. 3 Q. To the best of your knowledge, are the 4 minutes, the dates for which I have just read 5 the complete set of minutes of the Asbestos 6 Study Committee? 7 A. Yes. 8 Q. Do you have any reason to believe that t ~ ~ I .i--~ 9 contents of any of those minute ~y hav-e been ~ 10 I changed in any fashion? 11 A. No. ( 12 Q. Therefore, is it safe to assume t~at thej 13 ii!i are accurate reflections of the meetings of the 14 u committee? 15 A. Yes. 16 Q. I do wan~ each of the minutes marked. 17 They can be marked FMSI exhibits 2 18 through 15. 19 (Exhibit FSMI-2 through 15 marked 20 for identification.) 21 o. Mr. Drislane, the fourth category on the 22 subpoena asks for reports, bulletins and/or any I 23 other communication about the health hazards 24 associated with asbestos exposure which ~ere , I Drislane I( 1 prepared by and/or distributed by the Institut 2- or any of its subdivisions to all or part of t 3 general Institute and/or to the public? 4 Have you brought any documents or 5 segregated any documents for our review under 6 that category? 7 P... Yes. I8 Q. 9 A. And where are those documents? There were three miscellaneous folders I10 which ~ay rel~te to what you asked for. ~ I ( 11 really don't know what you are asking for. 12 This is called Asbestos Articles, 13 this folder here. 14 Q. h~ere did you get that particular folder 15 called Asbestos Articl~s7 16 A. I bought t~e folder from a stationary 17 store. I stuffed it with things that came in 18 here. They seemed to relate to some of 'the 19 questions on asbestos during the years. 20 Q. Is this a folder that you have kept in 21 your capacity as Secretary or Executive Director 22 of the Institute? I 23 A. Yes. 24 Q. Was such a folder maintained before your - ......---- I Drislana ( l arrival at the Institute? 2 .;. No. 3 Q. ~:hen you carne to the .:!'lstit~t.e i:-1. 197C, j4 believe you said, do you know if there were 5 files or a file on asbestos health hazards? 6 A. Yes. I know. 7 Q. You know t.hat there was such a fil~? 8 , ~9 10 A. I know thife wasn't. Q. How do you know that? A. Because simply I went over files whe~I l l ca~e on board and there wasn't any. ( 12 Q. The file that you have shown ~e marked .J 13 I :I.I Asbestos Articles then is a folder that you hav I14 generated since 1970? 15 A. Correct. 16 a Q. Glancing through this, Mr. Drislane, it 17 appears to be memorandum reprints of magazine 18 articles or other sorts of articles from other 19 Institutes not written by or produced under the 20 auspecies of your Institute, is that correct? 21 A. That's correct. 22 Q. The second of these folders is another 23 manilla folder marked asbestos papers. What .:.s :4 this folder? I , I Drislane A. Papers that have been published concern asbestos and health that I have picked up ~hrough the years. Q. Again, these articles appear to be doc~ments that were generated outside of the Friction Materials Standards Institute, is tha correct? A. That's correct. Q. And the third folder is entitled Asbesto Exposure Levels, Brake Shops. Again, this appears to be a serie! ( of articles, papers, magazine articles and similar docu~ents generated by entities othe~ than FMSI, is that correct? A. Yes. Q. You answered earlier that the first of these files, the one marked Asbestos Articles i one that you have maintained since l970.when yo became associated with FMSI. Is that true of all three folders? A. Yes. Q. Again, none of the three folders existed I prior to your becoming involved with the Institute in 1970, is that correct? "_,_________ /I. "R:- /.. .. @!/.--- ..-f . " '( Oris lane 1 A. That's correct. 2 Q. Have you ~ade any or all of the artic!es 3 in any of those three files available to the 4 members of FMSI or M~mbers of any subcommittee 5 A. Could you state that question again, 6 please? 7 MS. BERNER: Why d on ' t you r e a d i t ,.. 8 back, Hac. I ~ I9 10 -.,( P en c i n q q u e s t i on w a s r e ad ) .. .....,.. ~ 4MR. GORMAN: \Vha t do you me an f I11 available: sent them to them or told them abou 12 '! I ~ theM or kept them in the office so as somebody 13 c a m e L:l y h e r e t h e y c o u 1 c s e e t h e r:1 o r "' h a t ? 14 MS. BERNER: Any of those things. 15 THE i''II TNES S: Yes. 16 C \lh i c h o f tho s e t h i n g s ? 17 A. I don't know. 18 Q. Have you sent some of these articles to 19 members of the Institute? 20 A. Yes. 21 Q. nave you told the members about any of the 22. articles wi.thout sending copies? 23 A. I don't recall. 24 I don't believe so. , I Drislane ~PAG ' : I Q. Have you made them available to members -- ~ \..;h 0 ~ay co~e into t~e Institute to review 3 inforcation about asbestos? 4 A. In direct answer to your question, no. 5 Nobody has come in, though. 6 Q. So of those three ways of designating th 7 information i t is most likely that if ~ny of t 8 members have received these articles, it has 0.- been because you have mailed copies, is that .; 10 correct? :&. 11 A. Yes. I 12 Q. Do you know if that desimination was l i 13 ''II :i~:.-:~d ;:o -:.':-.~ :::1ambcrs of t,;,e Asbes't.cs Stud...,... 14 Committee as opposed to the members at large? 15 A. I don't know. 16 Q. If you had disseminated any of this 17 information to the members, whether the members 18 at large or the members of the Asbestos.Study 19 Committee, would there be documentation of that 20 in the folders that you have provided today? 21 A. Yes. 22 Q. Mr. Drislane, how many employees does the ' 23 Institute have? 24 A. That's a sweet heart. 11. "V' . 1_ ~tt. ,.. ,. ~ t I ( 1 Oris lane Right now, one. 2- Q. I consider that must be you? 3 A. Yes, right. There is a gentlemen who i~ 4 out front helping me for a few days. I am 5 trying to get help. Right now there is two of 6 us, he and myself. 7 Q. Generally, how many employees do~s the ,. 8~ Ins~itut~ have? I~ 9 A. Tw-o. r~; 10 ~ Q. typ~~You and a clerical receptionist ~,( 11 person? 12 .~I .r... Yes .. .d 13 ~ Q. Mr. Drislane, the first and last categorj 14 on the subpoena asks you to provide reports, 15 bulletins and/or othe~ communication about the 16 health hazards associated with asbestos exposur 17 which were received by the Institute from any o 18 its rnembers, any government agency, anytrade 19 Association and/or any other person or entity. 20 Do you have separate files to be 21 produced today with that file? 22 A. No. ( 23 Q. Is that included in the three files we 24 have just discussed? " Drislane 1 -have just discussed? A. That's included in one of those three 3 ..I! . , ~~es. 4 Q. r~ich one would that be? 5 A. Asbestos Study Committee file. 6 Wait a second. 7 Maybe you don't have that .. 8 Q. That's true. The three files that you 9 showed me Asbestos Articles, Asbestos ~apers, 10 and Exposu=e Levels. ~ ll 1.2 ~~ ~ 13 .:.l record. ) MR. SAMSON: Off the record. (Discussion is held off the 14 MS. BERNER: So again anything tha 15 you have -- 16 MR. GORMAN: I think that should b. 17 on the record. 18 BY MS. BERNER: 19 o. Anything that complies with the first 20 category that I have just read, the first 21 category o the subpoena would be located in the 22 one of several blue folders marked Asbestos 23 Study Committee, is that correct? 24 A. Yes, including the fact that the latest I // "f// , .....,,, - - - ,<# I Drislanc 2I ~AGI'- I( 1 folder is red but I am not sure. 2 Q. ~~ile we're on that poir.t, we haven't 3 discussed th~se folders yet. 4 Before this deposition began, we 5 started reviewing certain documents that are i 6 expandable folders, each is marked Asbestos 7 Study Committee with dates after that name. 8 , ~ 9 10 ~mat are tho~e docu....m.. ents? A. They generally include wh.~t" y~u just; ~t about, in other words, general corresponde~e ll that came in, went out, and stuff like that ( 12 involving asbestos. 13 Q. Involving asbestos or involving Asbes~os 14 Study Committee. 15 I am talking about tho~e particula 16 folders now marked Asbestos Study Committee? 17 A. Well, yes that could have been any kind o. 18 bulletin to the membership alerting them to somr 19 particular problem or things like. 20 o. Sulletins from you? 21 A. Bulletins from the office out to them, yes 22 stuff like that. I 23 I believe the information you were 24 just asking for. / / "tjj'. I d/1' ,.~ ~.'I I.-.... ' Oris lane ""C~-2 ( 1 Q. To the best of your knowledge, are the 2 - ~.) 4 .. conter.ts of t~e Asbestos Study Co~~ittee fold, true and correct copies of all correspondence sent to or received from the members of that 5 Committee? 6 A. Yes. .: 7 Q. Again, do you have any reason tobelieve 8 that the contents of any of those folders have 9 been altered in any way? I10 11 11 A. Q. No. So that as we look through those ~oday ar !( 12 the marked copies, we can be assured that thosE 13 q'~"' are the official records of the Asbestos Study 14 Committee as kept by you, is that correct? 15 A. Yes, but they are correspondence to them 16 not the records of the Committee. They include 17 other things. 18 The answer to your question, yes. 19 Q. Other than the folders we have discussed 20 today, are there other records of the Asbestos 21 Study Committee? 22 A. ~10. 23 Q. You have produced, then, today, for our 24 inspection, every piece of paper that has to do // "'i/. , /f)'' ,. - - " I Dris1ane I( 1 with the Asbestos Study Committee? !2 A. I believe so. i3 Q. Who ~as access to all of ~he reco=cs or 4 any of the records that we have been discussin~ 5 this morning, other than yourself, Mr. DrislanE 6 A. No one. ..7 8 y~ Q. ;. You are the only person? Yes. I~ ;- 9 ,J .. MR. GORMAN: Outside of a S e S.s-t OR :) i10 such as this? ( 11 :n' 12 ~.~. MS. BERNER: We 11 , of course . Off the record for a minute. 13 '1 t A (Discussion held off the record.) 14 MS. BERNER: Let's go back and mark 15 this folders, folders A so that all categories 16 of documents have a folder. 17 We have previously marked FMSI 18 Exhibit 1 through 15. 19 Exhibit 1 will stay the same. That 20 is a pa~phlet about the history of FMSI. 21 Exhibits 2 through 15, however, 22 will now have a subcategory. 23 This will be A-2 through 16. 24 That is because we are marking the Oris lane ( temporary folders in which those documents vex coneained as Folder A. We '11 in turn go through each of t folders Mr. Drislane has already discussed and give them a letter designation. .' .So we'll do all that off the -.r.~JafJci"i'~.o. . to make ultimate identification of these documents easier. . ~ \ I. .....,- ! (Folders were marked A throug~ ~~ and AA for identification.) -.~ ., ( MS. BERNER: Every folder ~n ever) binder now has a letter assigned to it. The only letter FMSI which is the pamphlet on the history on this organization. Each folder has a let~er. The first folder letter A is the Asbestos Study Committee miriutes, 1971 to 1982. This is the list ! previously read into the record. It is certain specific minute! t-1 R J 0 H ~7 S : That was Exhibit 2 through 15 before. HS. BERNER: Yes, it is no\" ( Exhibit 1. The next series of folders are all ------- I Drislane -~AO~ lO ( 1 -folders marked Asbestos Study Committee. 2 -3 Folder B is Folder c is 1971. 1971 through '72 -.~ .. - . ~;..... 4 Folder D is 1973. -~--5 Folder E is 1974 through I 7 5o '~ 6 7 ,8 ~ 9 Folder F is Folder G is 1975 1977 through through '76 . . . ~ ......'79. .:..~1!:- . ~ Felder .Folder H I is is 1980 unda t thr. ., ed Eug = but h '81. .\~ conta, iJ :~ 10 1982 docur.1ents. ~~. -~ 11 The next group of folders are all_ ( 12 those marked annual meeting. ; 13 Folder J is 1948 through '49. 14 Folder K is 1950 through I 55 o 15 Folder L is 1956 through '59. 16 Folder 41 is 1960 through '65. 17 Folder N is 1966 through '69. 18 Folder 0 is 1970 through I 73 o 19 The next .group of folders are all 20 all marked Board of Directors. 21 Folder p is 1949. 22 ( 23 24 Folder 0 is 1950 through '55. Folder R is 1956 through '59. Folder s is 1960 through '65. " ) Drislane ( 1- 3 4 5 6 Folder T is 1966 through. '69 .. Folder u is undated. -. -~~...., po.....~- .... -..~..l..l,., '-I...I...Folder v is undated. Folder w is a binder. .....~~x . ... , And X is The last a binder. three folders are er..~. ~ ~ the 7 manila folders that Mr. Drislane described tha 8 he keeps himself with varic,us articles and ~ 9 documents in them. 10 .~tFolder Y is entitled Asbestos ( 11 Exposure Levels, Brake Shops. 12 13 Papers. Folder Z is entitled Asbestos 14 Folder AA is entitled Asbestos 15 Articles. 16 Al! of the folders have been marke 17 on their covers. 18 The binders have been marked on 19 their cover sheet. The marking is FMSI and ther 20 the letter that ! have read for identification. 21 And today's date, August 23, 1982. 22 { 23 MS. BERUER: Off the record. (Discussion is held off the 24 record.) ..~~ ~-- I Drislane -( --------~~--------------------------------------- l MS. BERNER: In the folders and 2 bi!"lders t~at were marked a binder was marked ~Ji ~...~. ,.~ 3 binder X erroneously ca~egoriz~d with the other ' 4 Board of Directors materials. 5 In reality binder X was annual 6 minutes. I will not reletter it. 7 MR. GOR1'1AN: Of the general ,. 8 "' 9 ..membership as opposed to the Board of Directo ~~ HS. BERNER: Did I misspeak? ~..110 Thank you for correcting me. 11 HS. BERNER: Mr. Drislane, I have, ( 12 no more questions for you and I thank you for 13 your cooperatio!"l. MR. GORMAN: 14 And there are no other questions from defense 15 counsel, correct? 16 MR. AHERUE: Correct. 17 .(Deposition concluded at 12:50 18 p.m. ) 19 20 21 22 ( 23 24 /.1 -.j/. I IJJI/._. ..,..J . ~ t/.. IN THE COURT OF COMMON PLEAS FOR PHILADELPHIA COUNTY ROBER7 A. HUG2ES, SR., Plaintiff \"S. JOHNS-MANV:LLE CORPORATION, ET AL, Defendants OCTOBER TER~, 19E CrviL TRIAL DIV:S JURY TRIAL D~~~C NO . 4 5 3 0 (8 11 ) .r .tl . -,.,; IN THE UNITED STATES DISTMCT COURT FOR TEE EASTERN DISTRICT OF-~ENNSYLVANIA ~-- t I JANE~ X. RICE, Administratrix : i of the Estate of PAUL S. RICE, I I Ceceased CIVIL ACTION ~ n Plaintiff q vs. JURY TRIAL DEMM.'DE. I I JOHNS-M&VVILLE CORPORATION, et al, l Defendants NO. 80-0662 f NANCY W. REES, Executrix of the Estate of KERMIT M. REES and NANCY w. REES, in her own right, Plaintiffs CIVIL ACTIO~ JURY TRIAL DEMANDEC l,l vs. JOHNS-NANVILLE CORPORATION, 'f et al, ; Defendants l r NO. 80-4034 .../~/crt~ ~ ~~ Jn&. f&-p,Md9~~ 1211 9!/uuHud S't.., !I'~ .901 ~.uz.. t!Ja. 1.91C7 (21s)so-4 2181 ' I PAGE. I- _~, Paramus, New Jersey August 23, 1982 " Deposition of EDWARD OR!SLANE, held at FRICTION MATERIALS STANDARDS INSTITUTE, E-210, Route 4 [! at !8:00 a.~., on the above date, before McKinley Wise ~ a Registered Professional Reporter, Notary Public and H Approved Reporter for t!'le United States District Court. I ------------------ I PAGE_ / -A??EAR.~.NCES: BLANK, ROME, COMISKY & McCAULEY By: JONI J. BE~~ER, ESQ. 1100 Fou= Penn Center Plaza Philadelphia, Pennsylvania 19103-2599 Attorneys for Plaintiff OORAND, GORMAN, HEHER, IMBRIACO & LYNES By: ROBERT P. GORMAN, ESQ. 105 College Road East Princeton, New Jersey 08540 Attorneys for Edward Drislane and Friction Mate Standards Institute CURR.h:.;, MYLOTTE, DAviD & FITZPI\IRICK By:' RICHARD J. AHERNE, ESQ. ~ 1718 Locust Street Philadel?hia, Pennsylvania 19103 Attorr.eys for Pittsburgh Corning -~ .... ~-- LAMB, CHAPPELL, HARTUNG, BALLIPOLI & COUGHLIN I By: HAROLD G. POPE, ESQ. 70 Sip Avenue, Journal Square Jersey City, New Jersey 07306 Attor~eys for Celotex NILON, PAUL & MARDINLY By: ESWARD P.. PAUL, ESQ. 320 'vest Front Street Media, Pennsylvania 19036 Attorney for Lear Siegler, Inc. RONALD H. SHERR, ESQ. 601 Cekalb Street Norristown, Pennsylvania Attorneys for Westinqhouse SCHVTARTZ S ANOOLINO By: M..a.RK A. INFANTE, ESQ. 354 Eisenhower Parkway Livingston, New Jersey 07039 Attorneys for Eagle-Picher WHITE AND WILLIAMS By: PETER SAMSON, ESQ. 1234 Market Street Philadelphia, Pennsylvania 19107 Attorneys for Southern Textile Corp. and S.K. Porter Co., Inc -. ----------------------------------- , I - I~ THE COuRT OF C0!1."1m: PLEAS FOR PHILADELPHIA COUNTY ROEER7 A. HUGHES, SR., ~ Plaintif= vs. JOHNS-?-!.A!-.'il!LLE CORP. , et al Defendants : NO. 4530(811) IN THE t~ITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA :, ~ C:VIL ACT!ON ;i I vs. JOHNS-HAr--'ili L:.~ CORP. , et al ~r Defendants NO 8 0- 0 6 6-2 1 And related case ~~c t 'i 80-4034 j ~ FMSI-1 -E -X -H -I -B -I -T -S Pamphlet about History of FMSI PAGE 9 FS.:OU- 2 to FSHI-15 G,;-oup of docu."t1ents 18 FSMI-lA to Group of folders FSMI-lZ and AA 29 I Drislane PAGE~ I1 z - ?it~sbur;~ MR. AHERNE: Ccrning. Richard Aherne, for 3 On July 29, 1982 UNR Industries 4 Corporation filed a petition in the United 5 States Bankruptcy Court for the Northern 6 District of Illinois, Eastern Division seekin 7 II reorganization treatment pursuant to Chapter x I .. ..,,. 8 I9 o f t h ~ B a n }~ r up t c y c o d e . As a re~ult of this ? ..: ~ :iling, Pittsburgh Corning Corporation tak...e.. T-tr l10 ~osition that all litigation in which UNR ~ 11 UNARCO was a party at that time or t~3 filing ~12 ., auto~atically stayed. That would include ~his j13 case. "14 : On behalf of Pittsburgh Corning 15 Corporation, we respe~tfully request this 16 discovery be postponed and that stay be 17 respected. 18 If this request is denied, we shaU 19 remain and participate: however, it will be the 20 position of Pittsburgh Corning Corporation that 21 first, this discovery will be taken in violation 22 of the auto~atic stay under title 11 u.s.c. 23 Section 362 and therefore, will be without 24 effect: and second, our participation herein __________- ____., -------------------------------------~- , I Oris lane -l shall no": ~n any way be deemed a waiver of oc z- posi~icn as previously stated. 3 ~! S BE R~TE R: I think i t ' s 4 appropriate that I respond to the statement, 5 especially to the extent that the request for 6 postponing this discovery is directed to me. 7 First, that request i~ respect:u: 8 denied and we intend to proceed. We have r..ad( 9 our position quite clear in other depositi~ns I ._10 taken last week in which the identical state~e , 11 ~ was read on behalf of Pittsburgh Cornin~. We a 12 ~ not believe that any automatic stay connected I lJ with su:~ARCO' bankruptcy has any effect en ' 14 litigation with other co-defendants and on tha 15 basis we're proceeding. 16 EDWARD W. DRISLANE, having been 17 first duly sworn, was examined and testified as 18 follows: 19 EXAMI~1AT I ON 20 SY HS. BERNER: 21 Q. Mr. Drislane, what is your position with 22 the Friction Materials Standards Institute? 23 A. Secretary. 24 Q. Do you hold any other position with the _........... I Oris lane 6 PAG _ I1 2 - .. 1 ...... 3 I <I Q. How long have you been assoc~a~ed w:~~ ~ I4 institute? 5 A. October 1970 I started. I6 Q. 7 A. Is it a full-time position? Yes. ,., 8l :i ' ~9 before your position with F~SI? -./ ~ ~-- 10 ".J.i .~.... I! "";..: .. _.C\S:(l:1S & Sells, a certified public ._ 4 ~l l r .~ accou:.~ano;. 12 .. ..I C:. ~:e ':::-e in an office on Route 4 in ?ara:::...:s, 13 :I ., i.14 ~~ 15 1 ~ /"\. Ye3 . Is that the only offi=e of FMS:? I16 :i 17 Q. A. How long has it been at this address? January 1, 1972. 18 I Q. As Secretary or Executive Director of the 19 Institute, do you have particular responsibilitJ 20 for organi=i~g ann ~aintaining files and other 21 dOCUr:!P.nts'? 22 A. Yes. 23 Q. What is that responsibility? 24 A. Repeat your full question before that then I Drislane P'AG 1 I t is ~ain~aini~g files. -+ Q. You ~ave chief responsibility for 3 ~aintaini~g the files of the Institute? 4 .~. Yes. 5 Q. h'here are those files physically locatl 6 A. At this office. 7 Q. Are all ~MSI files in this office? 8 ~ .-. . ~ 9 ~ Q. ;j 10 ~l Ji Yc=: . How 1ono has F~S! been in existence? Since about l94B. I ;,( 11 ~I Q. Di d .:. ~ e x i s t i n any o t h e r for rr. ,. by a n y 'I 12 other na~e before that date? 13 ~' ~. ,I I14 Q. 15 ~ n ~I 16 Q. Yes. ~.,"hat ..;as i t ' s prior existence? I don~ understanJ the question. In what form did i t exist before 1948~ d 17 it have a different name? 18 A. Yes . 19 a. r~at was its name then? 20 A. Brake Lining Manufacturers Association. 21 Q. And how long had that organization existe 22 A. I don't know. 23 Q. As far as you know, is the Brake Lining 24 Manufacturers Association the only predecessor l Oris lane _,I( I 1 -=.o F:-iSI? 2 A. No. ~ 'I 3 1 C llh a t. a r e t. h e o ~ h e r s ? 4 A. I don't know. 8 I"AG- 5 Q. Mr. Drislane, when we were waiting for 6 this deposition to begin I could~'t help but .7 ,; notice a brochure in the front office, perha?s ~8 entitled fistory of Fri=tion Mate~~als Standarr r .~ . / 9 ! :~stitute or at least indicating the histor~~ ~ ..... 10 this organization. I "11 Are you familiar with the pamphlet 12 I A. Yes. 113 c. Is that pamphle~ amo~g the documents that ~ 14 ~ you are producing tocay i~ response to a I15 subpoena? 16 A. Y:!s. 17 Q. To the best of your knowledge, does that 18 pamphlet depict a true and accurate history of 19 20 !f this organization? A. Yes. 21 Q. So that the questions I have just asked 22 you and that you are not aware of, I should be 23 be able to find the answer in that pamphlet? 24 A. I think so. Drislane , 1 2- ~3 .; Q. Where is that pamphlet. ~1 S 2 E F. ~l' E R : l e t ' s h a v -: a3 the first exhibit. We'll do the others 5 A. Here it is. 6 MS. BERNER: I would just 7 copy for the Court Reporter to mark. 8 goi~g to r.ark all the exhibits gen~rated 9 =, t~c~ys ccposition as F~SI Exhibit 1 ~ ~.,10 I' So this one will be F~SI Exhibit 1. , 11 (Exhibit FMSI-1 marked for ~12 I ice~ti:icat:ion.) J 13 tl ,.,I Q. t!r . Crislane, are you familiar with the~ ~, :o -~~ 14 Notice of Deposition I caused to be served on- I ... _..15 you within the last several weeks? 16 I don't understand the question. I17 received a subpoena. 18 Q. All right. ! 19 That subpoena listed certain items. 20 certain docu~ents that I wanted to inspect, i~ 21 that cor::-ect'? 22 A. Yes . 23 Q. The first category of items I am reading 24 from the Notice of Deposition is membership list I Oris lane II 1 -of the Fricti~n Materials Standards Institute 2- ~ 3 :.. ~ ~ 4~ ~ 5 Have you produced those membersh lists today? I6 MR.GORMAN: We have produced anot: 7 gro~? of documents called for, namely, minuta~ -.J ~,,. 8~ and pape.::s of and Asbestos ~ -. 9 J I the group has been lookir.g at. T"h ere are -... 10 ; ~.. doc~~ents over on the window shelf to be ~ 11 ll ?reduced and we can produce each of those and a 12 I h~ve the~ marked on the basis of the files now I 13 1 ~ HS. BERNER: That s \.,hat r " 14 J' understand we were doing, Mr. Gormar., and in I15 light of the subpoena, I would like Hr. Drislar M 16 if he has those available today, I would like t 17 know which folder or file contains the 18 membership list of the entire Institute .fror.t it 19 beqinnir.g to the present. Once that is 20 identified, we'll rnov~ on. 21 Or \ve can, as we said before, tak<:! 22 the time now to ~ark each of those membership 23 lists. 24 MR. GORMAN: They are within I // "1(/ I l'j)fl - ~ .-f , I Oris lane , I"AGE".: 7 -1 ano<:.:ter grou~ which he can tell you o!. They r are not pulled ~y themselves but they are par ~3 of another group which is also called for her l4 THE WITNESS: They don't exis':. ~: 5 <:.hemselves the way you asked for it. I6 MS. BERNER: All right. ~7 Q. How about the second category, menbershi 6 I :i~~ of the Asbes<:.os Study Co~~i~tee of the l,i, 9 II j i4 10 ~i ~ :ns<:.it~te fron the beginning of that commit<:.ee ~ ':o the present. ~ j ( 11 .~. Is there a separate file cantaini 12 ~~ose nem~ershi? l~st.s? 13 ~ In ~~e ~soes~os Stucy Com~~t.tee ~inu~:s ;j i14 there is a list of the roster of people on <:.he !15 comnittee at the ti~e. 7hat provides the 16 ll I"! information y6u ar~ askinq for in that area. 17 That's in the Asbestos Study Committee min~tes. 18 That's the only place they exist. 19 Q. Thank you. 20 ~lh ere \-1 i 11 ! find the :-:1 e ~be r ship 21 list of the entire Institute? 22 A. In the minutes of the membership meeti~gs / 23 which are available to you. 24 Q. That is the third category on the subpoena I I Drislane , PAG _: I( 1 - thac category r a~ reading from is the sub?oe l'-- - Minutes o! all ~eetings of the I3 4 mernbe:-shi~, Asbestos Study Co~mitte~ or any I5 other comnittee cr subdivision of the Institu 6 in which the use o= asbestos in brakes and or 7 friction materials was discussed. !8 :, ~ ~ 'n~ Have you nade avai:able today ~ y- a=9 ..i, ~in~~es the Boar= of rirectors o: the d10 .I ; :l r n11 I ~--... I ., Yes. 12 J. ~;'hich :iles are those? ~~?.. GORHAl\: Ca:1 go o:= the i14 :-eccrd. 15 {Discussion held off the record.) 16 ~ ~~ A. They're.identified as Board of Directors 17 :linu tes. 10 THE WITNESS: To answer your 19 question, there is a Board of Directors Minutes I20 21 :r4: that is i~ one book from 1970 on to the present and back further there ar~ blue files up there 22 called Soard of Directors and in there you woul 23 find ~verythi:1g related to the Board of 24 Directors from 1969 which abuts the other one I I Drislane 1 PAG(- { 1 -back to the formation of the corporation. ~- 3 A. MR. GOP.t-~AN: Would you like to ~hey are the minutes f=orn 1970 on. 4 Everyt~i~; earlier is in panda!lex folders. 5 Q. The blue pandaflex folders? 6 A. Those particular blue pandaflex folders, 7 these o~es here. 8 I don't kno~ whether the red are 9 here. 10 Let me just check. 11 I I think it is just these blue ones 12 Q. Mr. qrislane, is there any ident.ifing 13 label on those blue folders? I14 A. 15 Q. Yes, Board of Directors, 1966-1969. That's for one folder. Would you read th. 16 other three or four folders? 17 A. Board of Directors, 1965. 18 Board of Directors, 1956-'5~. 19 Board of Directors 1950-55. 20 Board of Directors 1949. 21 Q. Ir. addition, you have handed me a black 22 binder and on the binder is a green label that 23 says "Board of Directors"? 24 A. Those are the minutes in the file since r Drislane - carne with the Insti~ute which are organized a l i t t l e b:~ bet~er than the earlier ones. Q. Hr. Drislane, to the best of your knowledge are the minutes contained in each of the blue folders you have just described and t black binders true and correct copies of minut of meeting held by the board of this Ins~itute A.. Yef' ....J Q Do yo~ have any reason to be lie v e t h'a""'t---"t.1 minutes as they appear in those folders or in the blac~ binder have been altered in any way c ~aterially-changed? ;;,. No. Q. In your opinion, therefore, they are the official record of those Board meetings, is tha correct? A. Yes. Q. Mr. Drislane, the third category 6f the Notice of Deposition also refers to minutes of meeting of the general membership? A. Yes. Q. Are there minutes of the general membership in this room? A. Yes . , I Drislane ( -1 Q. Would you again identify them in the s. 2 ~ a :1 r. e :: ? 3 A. This book here, black book without a 1~ 4 is the com~ittee's minutes from about 1970 up 5 the present. It's the membership. 6 And around six files here that 7 might possibly be an overlap which start in 1 8 and go up through 1973. So that would over:at I9 of what you have there because that started i~ ,I10 ~ 1970. So ~here is six folders: 11 ( ij Annual Minutes 1948-'49. 12 Annual Minutes 1950-'55: Annua~ ~ 13 Xinu~es, 1956-'59, Annual Minutes 1960-'65; 14 Annual Minutes 1966-'69, and the one which may 15 be an overlap, Annual Minutes 1970-'73. 16 Q. Again, Mr~ Drislane, to the best of your 17 information are the minutes contained in those lS folders and in the binders a true and correct 19 copy of the minutes of the general membership o 20 FMSI:' 21 A. Yes. 22 Q. Again, do you have any reason to believe ./ 23 that they have been altered in any fashion? 24 A. No. /, .. ; / - , ~ # , . . . _ I Drislane ( 1 - c. So these are the official records of th ., I.,_ qen~r~l ~~mb2rship of the :~stitute, is tha~ !3 correct? 4 A. Yes. 5 o. Category three of the subpoe~a also refe 6 to minutes of meetings of the Asbestos Stucy 7 Committee. ,. 8 ~ 9 ..Am I correct i~ un~rstanding tha _J those minutes have already been isolated anc- 10 1 ~ shown to ~e earlier this morning? l l tl A. That's correct. ~( 12 ~. Would you just look through these, please I13 ., Mr. Drislane, the minutes that you I14 are looking at right now are for the following 15 dates and each one in4icates that it is a minut 16 of oeetings of the Asbestos Study Committee or 17 of that same committee under its new name. 18 Would you remind me please what its new name is: 19 A. The Health and Environmental Affairs 20 Committee. 21 Q. Now the dates of those minute are: 22 September 15, 1971: February 10, 23 1972: August 17, 1972: February 16, 1973; June l 24 1973; June 14, 1974; April 28, 1975; October 24, ,, .,, ~ .. -------------------- Oris lane I" AGE ( 1975: March 28, 1977: Janua:-y 19, 1978; Aug.; .:.978: Octcbe:- 25, 1979: January 14, 1981 a~c April 28, :982. Mr. Drislane, you look puzzled a the same point as I did. There are no ~inute for 1980. As far as you know, were any ~eeti~~s held oi'the Asbestos Study Co~~ittee 1980? I heoitated for a different reason than what you did. Because we always start t~e ~eeting with a minute of the previous meeting and that particular meeting they didn't do. .'T..' was going by the previous meeting to make sur~ didn't miss something, Q. Do you know if the Asbestos Study Committee met in 1980? A. I am looking. Would you give me a few minutes? Q. Oh, certainly. A. You people shuffle these things around. Q. That is the co~plete package in the o:-de:- , that you handed them to me about an hour ago. A. Just give me a minute, please. I Drislane 1: PAG- ( l There are no 1980 minutes. There 2--. were no r..inutes. 3 Q. To ~he bes~ of your knowledge, are the 4 minutes, the dates for which I have just read 5 the complete set of minutes of the Asbestos 6 Study Committee? 7 A. Yes. 8 Q. Do you have any reason to believe tha~ t~ I,. 9 ~ 11 - contents of any of those minutes have 10 I changed in any fashion? l l A. No. ( 12 Q. Therefore, is it safe to assume t~at they 13 ~"~I are accurate reflec~ions of the meetings of t~a u 14 commit~ee? 15 A. Yes . 16 Q. I do want each of the minutes marked. 17 They can be marked FMSI exhibits 2 18 through 15. 19 (Exhibit FSMI-2 through 15 marked 20 for identification.) o.21 Mr. Drislane, the four~h category on the 22 subpoena asks for reports, bulletins and/or any I 23 other communication about the health hazards 24 associated with asbestos exposure which were . /t. ~.. /.. .. ~/~.- ~ ~4 , I Drislane I( 1 -pre?ared =y and/or distributed by the Instit 2- or a~y c= its subdivisions to all or part of 3 general :nst:tute a~d/or to the public? 4 Have you brought any documents s segregated any documents for our review unde: 6 that category? 7 J... Yes. 8 Q. And where are those documents? I9 A. There vier e three miscellaneous folders I l.10 which r:tay relate to what you asked for. I ( 11 really don't know what you are asking for. 12 This is called Asbestos Articles 13 this folder here. 14 Q ~11 ere did you get that particular f o 1 C. e 15 called Asbestos Articl~s? l6 A. I bought t~e folder from a stationary 17 store. I stuffed it with things that came in 18 here. They seemed to relate to some of 'the 19 questions on asbestos during the years. 20 Q. Is this a folder that you have kept in 21 your capacity as Secretary or Executive Direc 22 of the Institute? ' 23 A. Yes. 24 Q. Was such a folder maintained before you - ._...... I Oris lana ( 1 arrival at the Institute? 2 FlAG _ 2 .; . No. - 3 Q. ~:hen you carne to the ::1stit:Jte ~'" 197C, 4~ 5 believe you said, do you know if there were =iles or a file or. asbestos health hazards? 6 A. Yes. I know. 7 8 , ~9 10 Q. You know ~hat there was such a fil~? ...... I %. now thi~~ wasn't. ~ -~ 'I Q . How do you know that? -., ~- - A. Because simply I went over files whe~r 11 ca~e on board and there wasn't any. ( 12 Q. The file that you have shown ~e r.arkec .j 13 I II ;. ~sbestos Articles then is a folder that you ~av I14 generated since 1970? 15 A. Correct. 16 a Q. Glancing through this, Mr. Orislane, .~.. ..... 17 appears to be memorandum reprints of magazine 18 articles or other sorts of articles from o~her 19 Institutes not written by or produced under t~e 20 auspecies of your Institute, is that correct? 21 A. That's correct. 22 Q. The second of these folders is another I 23 manilla folder marked asbestos papers. What :.. s :4 t.his folder? I , I Drislane "AG .:. -A. Papers that have been published cancer~ asbestos and health that I have picked up through the years. Q. Agai~. these articles appear to be doc~ments that were generated outside of the Friction Materials Standards Institute, is tha correct? A. That's cortect. Q. And the third folder is entitled Asbest~ Exposure Levels, Brake Shops. Again, this appears to be a serie ( of articles, papers, magazine articles and similar docu~ents generated by entities other than FHSI, is that correct? A o Yes . Oo You answered earlier that the first of these files, the one marked Asbestos Articles i one that you have maintained since l970.when yo became associated with FMSio Is that true of all three folders? A. Yes o Oo Again, none of the three folders existed I prior to your becoming involved with the Institute in 1970, is that correct? //_ "#.'--1.. 6111.--- ..,.4 . 4 ( ( r I Drislane 1 A. That's correct. 2 Have you r.ade ~ny or all of the artic~e. 3 in any of those three files available to the 4 ~embers of FMSI or n~mbers of any subcommittee 5 A. Could you state that question again, 6 please? 7 MS. BERNER: Why don ' t you r e a d i I, 8 back, Hac. I9 10 i11 available: ( P e n c i n g q u e s t i o n wa s r e a d ) ,. ...,. - MR G0 RM AN : ~Vh a t do you me an ~ sent them to them or told them abeL 12 ... ~ 13 then or kept them in the office so as somebody c am e i.J y h e r e t h e y c o u 1 c s e e t h e r:t o r "'' h a t '? 14 MS. BERNER: Any of those things. 15 THE rli'!'!lESS: Yes. 16 c. llhich of those things? 17 A. I don't know. 18 o. Have you sent some of these articles to 19 members of the Institute? 20 A. Yes 21 Q. nave you told the members about any of the 22. articles wi.thout sending copies? 23 A. I don't recall. 24 I don't believe so. , I Oris lane JII'AG: I 1 Have you made them available to members --2 t :-. e Institute to review 3 infor~ation about asbestos? 4 A. In ~irect answer to your question, no. 5 Nobody has come in, though. 6 Q. So of those three ways of designating tt 7 information it is most likely that if any o: t 8 members have received these articles, it has ..0 been because you have mailec copies, is that -; 10 correct? :.. ll A. Yes. ( 12 Q. Do you know if that desimination was l .,i c13 :1 .:. i ~:::.. t ~ d i:.;:, ~ ":: e ::1 am b c r s of t:. e As best c s S ~ u y 14 Committee as opposed to the rne~bers at large? 15 A. I don't know. 16 Q. If you had disseminated any of this 17 information to the members, whether the members 18 at large or the members of the Asbestos.Study 19 Committee, would there be documentation of that 20 in the folders that you have provided today? 21 A. Yes. 22 Q. Mr. Drislane, how many employees does the ' 23 Institute have? 24 A. That's a sweet heart. /I. "'t' - I. :f}.t/. ,. ,. - I ................... ....................~ 1~ ~..G.~ ~D.r.is.l.an.e.......................... .. ( 1 Right now, one. 2- Q. I consider that must be you? 3 A. Yes, right. There is a gentlemen who i 4 out front helping me for a few days. I am 5 trying to get help. Right now there is two o 6 us, he and myself. 7 Q. Generally, how many employees does t~e , 8~ Ins~itut~ have? I9 A. ..-- i~i ij10 Q. You and a clerical receptionist typt!~ ~( 11 person? ~I 12 'I A. Yes .. u~. 13 Q. Mr. Drislane, the first and last categor 14 on the subpoena asks you to provide reports, 15 bulletins and/or othe~ communication about ~he 16 health hazards associated with asbestos exposu: 17 which were received by the Institute from any c 18 its members, any government agency, anytrade 19 Association and/or any other person or entity. 20 Do you have separate files to be 21 produced today with that file? 22 A. No. ( 23 Q. Is that included in the three files we 24 have just discussed? " ' I Oris lane 1 -have just discussed? .:; That'5 incl~ded in one of those three 3 files. 4 Q. ~~ich one would that be? 5 A. Asbestos Study Committee file. 6 Wait a second. 7 .a c' Q Maybe you don't have that. That's true. Th~ three files that you 9 showed me Asbestos Articles, Asbestos Papers, 10 and Exposu~e Levels. l 11 ~ 12 J .,.4. 13 .:1. record. ) 14 MR. SAMSON: Off the r~cord. (Discussion is held off the MS. BERNER: So again anything thE 15 you have -- 16 MR. GORMAN: I think that should c 17 on the record. 18 BY MS. BERNER: 19 o. Anything that complies with the first 20 cateqory that I have just read, the first 21 category of the subpoena would be located in thf 22 one of several blue folders marked Asbestos ( 23 Study Committee, is that correct? 24 A. Yes, including the fact ~hat the latest I / / "'t/1' I /.">1' - - - I Oris lane (- 1 folder is red but ! am not sure. 2-- Q. ~~ile we're on that poir.t, we haven't 3 ciscussed th~se folcers y~t. 4 Before this oeposition began, we 5 started reviewing certain documents that are 6 expandable folders, each is marked Asbestos 7 Study Commit~ee with dates after that name. 8 r- 9 10 . ~mat are tho~e docu....m... ents? ~~ -. - .? A. They generally include what you jus;~ about, in other words, general corresponde~e ll that came in, went out, and stuff like that ( 12 involving asbestos. 13 Q. Involving asbestos or involving Asbes~os 14 Study Cor.1rnittee. 15 I am talking about tho~e particula 16 folders now marked Asbestos Study Committee? 17 A. Well, yes that could have been any kind o 18 pu1letin to the membership alerting them to scm 19 particular problem or things like. 20 Q. 9ulletins from you? 21 A. Bulletins fror.1 the office out to them, ye! 22 stuff like that. { 23 I believe the information you were ~4 just asking for. I..., Drislanc ..AGI. ( -1 Q. To the best of your knowledge, are the 2 contents of t~e Asbestos Study Co~~ittee fo1c ~.J 4 .. true and correct copies o: all correspondence sent to or received from the members of that 5 Committee? 6 A. Yes. 7 Q. Again, do you have any reason tobelievE 8 that the contents of any of those folders have 9 been altered in any way? ,, I10 A. 11 Q. lNo. So that as we look through those ~oday a !( 12 the marked copies, we can b~ assured that thos, ~13 are the official records of the Asbestos Study 14 Committee as kept by you, is that correct? 15 A. Yes, but they are correspondence to them 16 not the records of the Committee. They include 17 other things. 18 The answer to your question, yes. 19 o. Other than the folders we have discussed 20 today, are there other records of the Asbestos 21 Study Commit-tee? 22 A. ~ro. 23 Q. You have produced, then, today, for our 24 inspection, every pi&ce of paper that has to do I Drislane I( 1 with the Asbestos Study Committee? ~::2 A. I believe so. 3 ie Q. Who :-.as access to all of -:.he recc:-::!s or 4 any of the records that we have been discussin 5 this morning, other than yourself, Mr. Dris1an 6 A. No one. ~ " .7 8 y~ Q. You a~e the only person? Yes. r- "9 MR. GORMAN: Outside of a ~ S e S-a-tOR ; i10 such as this? 11 :I (~ ;~ MS. BERNER: Well, of course. 12 ~.. Off the record for a minute. 13 'i (Discussion held off the record. 'Af 14 MS. BERNER: Let's go back and mark 15 this folders, folders A so that all categories 16 of documents have a folder. 17 We have previously marked FMSI 18 Exhibit l through 15. 19 Exhibit 1 will stay the same. That 20 is a pa~phlet about the history of FMSI. 21 Exhibits 2 through 15, however, 22 will now have a subcategory. t 23 This will be A-2 through 16. 24 That is because we are marking the ../~ ,;_, ....._,,.__.._.: , Oris lane ( - tempora:=y folders in vlhich those documents ..,. contained as Folder A. We'll in turn go through each of folders Mr. Drislane has already discussed an, give them a letter designation. .' . ~-.~ So we'll do all that off the "rJa'Hc~-e':' to make ultimate identification of these doc~nents easier. -...... (Folders were marked A through Z ~ .~ and AA for identification.) l ( MS. BERNER: Every folder ~n ever binder now has a letter assigned to it. The only letter FMSI which is the pamphlet on the history on this organization. Each folder has a letter. The first folder letter A is the Asbestos Study Committee miriutes, 1971 to 1982. This is the list ! previously read into the record. It is certain specific minute~ t-1R. JOH:ttS: That was Exhibit 2 through 15 before. HS. BERNER: Yes, it is no\" ( Exhibit 1. The next series of folders are all I Oris lane ~ACI~!!. ( 1 -folders marked Asbestos Study Committee. 2- Folder B is 1971. . .?/- 3 Folder c is 1971 through '72. ....... . ~'- 4 Folder D is 1973. 5 Folder E is 1974 through 6 Folder F is 1975 through 7 I,. 8 ~ 9 Folder G is 1977 through '7~. Felder H is 1980 .th~ugh '81. ...........~~..,. ., Folder I is ~ undated but J'.~ c o n ta l.~:.:L 10 1982 documents. ~ ' ( 11 .I!,! The next group of folders are all, .12 :-o those marked annual meeting. 13 Folder J is 1948 through '49. l I 14 Folder K is 1950 through 55. 15 Folder L is 1956 through '59. 16 Folder H is 1960 through '65. 17 Folder N is 1966 through '69. 18 Folder 0 is 1970 through I 73 0 19 The next group of folders are all 20 all marked Boarc of Directors. 21 Folder p is 1949. 22 ( 23 24 Folder Q is 1950 through '55. Folder R is 1956 through '59. Folder s is 1960 through '65. ;7)'' ~~-"' . "' ) Oris lane ( Folder T is 1966 through. '69 .. ':. :-~.~-. :c~ Folder u is undated. -..~...l..l,_ :..-...Folder v is undated. Folder w is a binder. ' . 4~' !-' X~ , And X is a binder. ~ The last three folders are the ,manila folders that Mr. Drislane described thl he keeps himself with varivus articles and -~ documents in them. l .: Folder Y is entitled Asbestos ~ ( Exposure Levels, Brake Shops. Folder Z is entitled Asbestos Pap e t s. Folder AA is entitled Asbestos Articles. All of the folders have been mark on their covers. The binders have been marked on their cover sheet. T~e marking is FMSI and the the letter that ! have read for identification. And today's date, August 23, 1982. MS. BERUER: Off the record. ( (Discussion is held off the record.) I, ' _.--- I Dr is 1 an e .-ca :!_ -( -----~-------------- 1 MS. BERNER: In the folders and 2 bi~ders t~at were marked a binder was 3 binder X erroneously ca~egoriz~d with :t4 B0 a r d o f D i r e c t or s ma t e r i a l s :45 In reality binder X was annua: 6 minutes. I will not reletter it. ~,_.: 7 MR. GOR!-1AN: Of the general \. 8 "*" 9 Directo~-membership as opposed to the Board of ~ t~ = ~ ~H S 8 E R E R : 0 i d I ... i s s-p e a k ? \-110 Thank you tor correcting me. 11 f1S. BERNER: Mr. Drislane, I have; ( 12 no ~ore questions for you and I thank you for 13 your cooperatio~. MR. GORMAN: 14 And there are no other questions from defense 15 counsel, correct? l6 MR. AHERUE: Correct . 17 .(Deposition concluded at 12:50 18 p.m. ) 19 20 21 22 ( 23 24 // ~/. I !I)/I----,..,/ . , . . f/..