Document VEpRpVZ7eOJ0O8OrmO4mOX2p

DEPOSITION WITH SUBPOENA PUCE TECUM PI^$i^TftKB`rNdTICE that the plaintiffs by and through the undersigned obuhselof record will take the deposition of a duly appointed representative of. Turner & Newall, PLC pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure in the offices of Ashcraft & Gerel, 2000 L Street, Washington, DC 20036 on Friday, September 20, 1985 at 10:00 a.m. for the purposes of obtaining documents and at 10:00 a.m. on Tuesday, September 24, 1985 for the purpose of obtaining testimony relevant to the documents produced and for the purposes of obtaining testimony in areas identified below. Pursuant to Rule 30(b)(6) of Fed. R. Civ. P., Turner & Newall, PLC is hereby advised of its duty to designate one or more officers, directors, or agents, or other persons who consent to testify on its behalf to provide testimony pursuant to this notice of deposition and to provide documents identified in Annex A as required by the attached subpoena. Pursuant to Rule 30(b)(6) of the Fed. R. Civ. P., Turner & Newall, PLC. is hereby advised that the matters on which * examination will be conducted will include: 1. Turner Newall, PLC's corporate structure. 2. Turner 6 Newall, PLC's relationship to J.W. Roberts, Ltd. and/or to Keasbey & Mattison and/or to Alexander Norman Marshall. 3. The testimony given by Alexander Norman Marshall in Dana Bond et al, v. Atlas Asbestos Co., et al. CV 78-1345 United States District Court for the Eastern District of Missouri, Eastern Division. 4. All documents utilized by Alexander Norman Marshall in preparation for testimony in Dana Bond et al., v. Atlas Asbestos, Co., et al. CV 78-1345 United States District Court for the Eastern District of Missouri, Eastern Division and/or all documents which were used during that testimony. 5. Turner & Newall, PLC's knowledge of health effects of exposure to asbestos and asbestos-containing products. 6. Turner & Newall, PLC's knowledge of asbestos dust emission and/or control of asbestos dust emission. 7. Claims against Turner & Newall, PLC since 1920 for injuries related to exposure to asbestos and/or asbestos-containing products. 8. Asbestos-related diseases among Turner & Newall, PLC's employees since 1920. 9. Asbestos-related diseases in employees of Turner & Newall, PLC's branches, divisions, and/or subsidiaries. 10. Documents generated by or sent to the following: A. Dr. H. M. Bateman B. Dr. J. F. Knox C. Dr. H. C. Lewinsohn D. Dr. S. Holmes E. Dr. Mereweather F. Dr. Price 6. Dr. E. J. King H. Mr. A. N. Marshall I. Mr. R. Spavoid J. Mr. Dolbey K. Dr. Richard Doll ~ 11. Turner & Newall, PLC's its branches', divisions', and/or subsidiaries' relationship to the following: A. Dr. H. M. Bateman B. Dr. J. F. Knox C. Dr. H. C. Lewinsohn * -3- 0. Dr. S* Holmes E. Dr. Mereweather F. Dr. Price G. Dr. E. J. King H. Mr. A. N. Marshall 1. Mr. R. SpavoId J. Mr. Dolbey K. Dr. Richard Doll 12. Turner & Newall, PLC's its branches', divisions', and/or subsidiaries' funding of research concerning asbestosrelated diseases. 13. Communications between Turner & Newall, PLC,its branches, divisions, and/or subsidiaries and other manufacturers, miners and distributors of asbestos and asbestos-containing products concerning health effects of exposure to asbestos and asbestos-containing products. 14. Warnings given by Turner & Newall, PLC's to its branches, divisions, and/or subsidiaries concerning the actual or potential heatlh hazards from exposure to asbestos and asbestos-containing products. 15. The placement of precautionary health warnings by Turner & Newall, PLC, its branches, divisions, and/or subsidiaries on asbestos and asbestos-containing products. 16. Turner & Newall, PI, its branches', divisions', and/or subsidiaries' packaging of Sprayed Limpet Asbestos. 17. The formulation, marketing and sales of Sprayed Limpet Asbestos. 18. Criminal indictments and or civil actions against Turner & Newall, PLC, its branches, divisions, and or subsidiaries for injuries allegedly resulting from exposure to asbestos and asbestos-containing products. A subpoena duce tecum pursuant to Rule 45(b) has been served with this notice of deposition and commands the person to whom it is directed to produce the following books, papers, documents, or tangible things identified in Annex A. % -4- The deposition will continue from day to day as is necessary. You are invited to attend. dated: Respectfully submitted, ASHCRAFT & 6EREL James F. Green 2000 L Street, N.W. Suite 700 Washington, DC 20036 (202) 783-6400 Attorneys for the Plaintiff ANNEX "A" DEFINITIONS The term ^documents" means all correspondence, memoranda, notes, diaries, reports, files, desk calendars, telegrams, cables, lists, minutes, agenda, books, records, tabulations, charts, graphs, work papers, financial statements, financial and statistical infbrmation> computer print-outs, x-rays and other photographic didgnQ&fcic 'reports, tissue samples, slides, specimens, analy$$s, surveys, press releases and all other writings of every kind and description, whether typed, printed, recorded by hand or recorded by any other means, including all computer or electronic Memory systems, as well as drafts of such items, and all copies of such items which, by reason of notations thereon or otheriwse, are not identical to the original, which are in deponent's possession, custody or control. The term "person" means individual, partnership, orporation, association, governmental agency, union, and any director, officer, employee, attorney, agent or other representative thereof, and, any combination or group of any of the above. The term "Turner & Newall, PLC" refers to the defendant as well as all its branch companies and subsidiaries including but not limited to J. W. Roberts, Ltd., TAG Construction Materials, Ltd., and Keasbey and Mattison Company. INSTRUCTIONS If deponent claims that any document covered by this subpoena is subject to a conditional or absolute privilege or should not be produced for any other reason, deponent shall at or before the deposition, prepare and submit a list setting forth each such document (a) its date, (b) its description (letter, memorandum, etc.), (c) a description of the file in which the document was originally kept, (d) its author, (e) its distribution, including addresses and persons to whom copies were sent, (f) the subject matter or matters referred to in the document and (g) the ground or reason for non-production. If the document is one which was submitted to deponent, then in addition to items (a) - (g) above, set forth (h) the identity of the person submitting such document, (i) the date of its submission, and (j) whether the person submitting such document designated it as confidential or with any other restrictive legend. DOCUMENTS TO BE PRODUCED A. Any and all documents which constitute, refer, relate or pertain to the following specific types or categories of documents: -6- j,** 3be Resign formulation and manufacture of asbest08-Snta&dj&9 products including but not limited to Sprayed Limpet Asbe&tf# 2$20 to present. 2distribution, shipment, licensure for manufacturi>liensure for distribution, licensure for use, of asbestoscoO^aXnii|0 -products including but not limited to Sprayed Limpet Asbestos IBftho Continental United States including but not limited to'theDistrict of Columbia, Virginia and Maryland, ' . S* 'Y V 3. The vgdlcal and scientific publications, texts, treatises,` abstracts^, studies, proposed studies, unpublished materials, Ahd writings concerning directly or indirectly (a) the health effeCts^Qx asbestos and asbestos-containing products, and (b) asbestos dvta$ bm^ssion and control. ' 4 Asbest<bdrtfelated since 1920 .. ' . - - 5. Asbestos-related employees since ,1920, disease disease workers' compensation claims among Turner & Newall, PLC's 6. Professional, trade, industrial, safety, hygene, and health associations, research foundations or organizations Turner & Newall, PLC is or has been a member of since 1920, including but not limited to: A. Asbestosis Research Council B. Asbestos Textile Institute C. British Occupational Hygene Society D. Asbestos Association E. Asbestos Information Centre 7. All documents relating to: A. Dr. H. M. Bateman B. Dr.. J, IN. jtno* C. Dr. ^ ^ ,`Lewinsohn D. Dr. S. Hbimes E. Dr. Mereweather F. pr. Pri G. Dr. E. H. Mr. Ay ft* 'Marshall I. Mr Spavold J. Mr. Dolbey.,,, K. Dr. Richajrd Poll 8. The funding, directly or indirectly by Turner & Newall, PLC of research concerning asbestos and its relationship to disease. 9. Communications between Turner & Newall, PLC and other manufacturers, miners, and distributors of asbestos and asbestos-containing products concerning the health effects of asbestos and asbestos-containing products. -7- 10. Turner & Newall, PLC's notification of its employees of the hazard or potential hazard of asbestos exposure. 11. The placement of precautionary health warnings by Turner & Newall, PLC on its asbestos and asbestos-containing products. 12. Advertising, sales brochures, literature, product specifications, installation instructions, brochures, warranties, and warnings for asbestos and asbestos-containing products including but not limited to Sprayed Limpet Asbestos. 13. The subject matter of the Limpet Asbestos Spray School. 14. The packaging of Sprayed Limpet Asbestos including but not limited to the design, size, and content of the labeling on the packaging. 15. Examples of each of the different types of packaging used to package Sprayed Limpet Asbestos. 16. Samples of each formulation of Sprayed Limpet Asbestos. 17. The subject matter of J. W. Roberts, Ltd. 18. The subject matter of Keasbey and Mattison Company. 19. The subject matter of Krafft Murphy Company. 20. The subject matter of National Asbestos Company, Inc. 21. The subject matter of Armstrong Construction and Supply Corporation (A.C. & S.). 22. The subject matter of Bell Asbestos Mines, Ltd. 23. The subject matter of Atlas Asbestos Company. 24. The subject matter of Atlas-Turner, Inc. 25. All documents used in preparation for and/or during the deposition given by Alexander Norman Marshall in Dana Bond, et al. v. Atlas Asbestos Co., et al., CV 78-1345, United States District Court for Eastern District of Missouri, Eastern Division. 1357K if CERTIFICATE OF SERVICE I HERERBY CERTIFY that a copy of the foregoing was mailed. , 1985 to: Michael P. Chervenak, Esq. FORD & O'NEIL 17 West Jefferson Street Rockville, Maryland 20850 Attorney for Armstrong World Industries, Inc. Kevin J. McCarthy, Esq. Charles E. Gallagher, Jr., Esq. O'MALLEY, MILES, FARRINGTON & MCCARTHY 99 Commerce Place Upper Marlboro, Maryland 20772 Attorneys for A. C. & S. H. Patrick Donohue, Esq. DONAHUE, EHRMANTRAT & MONTEDONICO, CHARTERED 51 Monroe Street Suite 700 Rockville, Maryland 20850 Attorney for Atlas Turner, Inc. and Bell Asbestos Mines, Ltd. H. Emslie Parks, Esq. WRIGHT & PARKS Suite 1012 409 Washington Avenue Towson, Maryland 21204 Attorney for Celotex Corporation John M. Bray, Esq. Charles B. Wayne, Esq. SCHWALB, DONNENFELD, BRAY & SILBERT 1025 Thomas Jefferson Street, N.W. Suite 3 Washington, D.C. 20007 ~ Attorneys for National Gypsum Company Charles E. Dorkey, III, Esq. RICHARDS, O'NEIL & ALLEGAERT 15th Floor 660 Madison Avenue New York, New York 10021 Attorney for Turner & Newall, PLC R. G. Guziak, Esq. BRAULT, GRAHAM, SCOTT & BRAULT 1314 - 19th Street, N.W. Washington, D.C. 20036 Attorney for Nicolet, Inc. Hopewell H. Darneille, III, Esq. BOWMAN, CONNER, TOUHEY & PETRILLO, P.C. 2828 Pennsylvania Avenue, N.W. Washington, D.C. 20007 Attorney for Turner & Newall, PLC, Turner Newall, Ltd, & J. W. Roberts Company & Brock R. Landry, Esq. KECK, MAHIN & CATE 1730 Pennsylvania Avenue, N.W. Suite 350 Washington, D.C. 20006 Attorney for United States Gypsum Co. Patrick J. Attridge BROMLEY, BROWN AND WALSH 51 Monroe Street Suite 806 Rockville, Maryland 20850 Attorney for United States Mineral Products Company Edward J. Lopata, Esq. JORDAN, COYNE, SAVITS & LOPATA Suite 500 Washington, D.C. 20005 Attorney for W. R. Grace Company Peter T. Enslein ASHCRAFT & GEREL Suite 700 2000 L Street, N.W. Washington, D.C. 20036 (202) 783-6400