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Dr. Lee B. Grant
AIR MAIL
George E. Dupeai , Esquire Walla, Duncan & |Beard Beaumont Saving/ Building Beaumont^/ Texaj 77701
Ret Tomplait Case Against Pittsburgh Corning Corporation
Dear Mr. Duncani
Pittsburgh Coming would like to begin at once to place the following legend on cartons of UNIBESTOS shipped from the factory!
"THIS PRODUCT CONTAINS ASBESTOS FIBER. IF DUST IS CREATED WHEN THIS PRODUCT IS HANDLED, AVOID BREATHING THE DUST. IF ADEQUATE VENTILATION IS NOT POSSIBLE, WEAR RESPIRATOR APPROVED BY U. S. BUREAU OF MINES."
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This legend appears on cartons of products shipped by some of the other members of the asbestos Insulation industry.
I believe it very desirable that Pittsburgh Corning adopt this practice, but we do not wish to do so at this time if it will Jeopardise Pittsburgh Coming's defense in tho Tomplait case. Will you please let me know whether it la satisfactory to you, looking at it from the standpoint of trial, counsel, for Pittsburgh Coming to
adopt this practice.
On Page 2 of your letter to me of May 23, 1968, you said that you would appreciate my forwarding to you any and all thoughts of Dr. Grant regarding the medical aspects of this case.
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ALL-STATE LEGAL
George E. Duncan, Esquire June 24, 1968 Page 2.
Dr. Grant believes that the evidence that Pittsburgh Corning can adduce of the preemployment'and annual chest x-rays of the factory workers, which do not show evidence of pulmonary damage, are of little If any value In the defense of a case brought by an applicator, because typically the applicator is exposed to a much higher concentration of dust than is a factory worker.
Dr. Grant believes that the best prospect of defending Pittsburgh Corning in the case lies in the fact that plaintiff was exposed for a maximum period of not more than olx weeks to Pittsburgh Coming's product. In this connection, however, it will be necessary to adduce expert medical testimony to the effect that six weeks' exposure is far too short a time for symptoms of the disease to develop I do not think that Dr. Sellkoff's deposition can be used for this purpose. Accordingly, Dr. Grant should be consulted with respect to , the selection of an appropriate expert.
I would urge you to telephone Dr. Grant directly here at the General Office -- Area Code 412 - 281-5100, Extension 2195 -- to discuss with him directly his medical views of the case and also to get his thoughts as to an expert. .
I have alerted Dr. Grant to the possibility that you may be telephoning him directly and he will be glad to talk to you about the case.
Very truly yours,
RC?:bl cct Dr. Lee B. Grant
Richard C. Packard Assistant Counsel
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