Document ZnrKzG8noQjQ5D81erxXVEN6V
FILE NAME: Asbestos Sacks and Bags (ASB) DATE: 1975 May 20
DOC#: ASB018
DOCUMENT DESCRIPTION: Legal - Excerpt from Deposition of Charles Morgan
09/45/199? 05:11
5045817535
MARTZELL BICKFORD
PACE 01
John R.Marteell*
S cott R. Bickford ** Reoina O- Matthews D uooam F, E lus M. S uzanne Monrsiin Richard A. F LCE Ray L. RllVWES4
AlV,ITTlilJIS TKXApi COWJWWMJ ".J.YA'-VnTKtli ixTkxail
M artzell & B ickford Attorneys At Law
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DATE
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S tephen C. Wolf. CPA"
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COlfKT AHD GENEJIAL REPOilTEBS 123 W. Mauiwin St . CHICAGO flOOO
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MARTZELL BICKFORD W
PAGE 02
RECEIVED FE3 2 1 1 *
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION & K 1..Q
JU LIA N , BETLEY A A SSOCIATES
HERMAN YANDLEj, et a l fJ
,, j
Plaintiffe,.
-V B ~
PPG INDUSTRIES, INC., et al..
Defendant,,
Civil Action TY-T^-S-NCA
) ) ) )
LESTER KAY, Plaintiff
va -- PPG INDUSTRIES, INC et al..
Dfendante
)
i) Civil Action
TYr7Vl-3rCA ) ) ) )
The deposition of CHARLES G. MORGAN, taken,
in behalf of the Plaintiffs herein before Martin F.
Betley, Certified Shorthand Reporter and Notary Public
V
in-jand for -the State of Illinois, at Suite 2*100, 1 3 5 South LaSalle Street, Chicago, Illinois, .on Tuesday, May 20, 1975 commencing at the hour of 9 00 ,,-o1clock a.., pursuant to agreement of counsel.
1312) 230-0341
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e
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4O*
woiLd have given warnings or instructions to, would
there?
*
A I shouldn't think so.
7|H1 q, Did they give you any instructions to ha
pasted along to Pittsburgh Corning concerning asbestos?
IA
ho, sir.
OQ
K
Q, Were you ever around the packaging of the
t,
I
asbestos delivered by the government? Had you ever
si4f Observed it?
w`Ba*t*
5o
A
No, I did not.
a! Q Do you know of yor own personal knowledge
t-
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D
whether or no t the packaging Itself contained any
Oo
type of warning that was delivered to Pittsburgh
fa
Corning?
<
wo
A. Not to ay knoledge.
(XfIl
Q
Were any safety items or safety discussions
ever mentioned between you and Mr. Goodman or any
other employee or agent of th*e United States
<
Government?
>*>
is
A
I can only recall one brief conversation
ins
with him by telephone regarding this.
Q
When was this?
t
n w
A
It must have been soma time in I9 7 1 .
t
<r*J <1 What was saldjdo you remambei*7
M
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MARTZELL # BICKFORD
FACE 9503
3 Qcd
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A
Veil. at this time the SAHA regulations
u
?ere being written and we knew we would be required
Vb2
to put & "Caution" label on the bag and I asked Mr,
g
5. Goodman if they would furnish a "Cautlwi1 label safi
I he sort of laughed and said that he really wasn*t
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to
a
too familiar with the regulations.
Q
Did he ever furnish you with any warnings?
A
No, sir.
Q
Did he ever furnish you with any other
type of instraetidas aftet5 that?
A
None whatsoever.
Q
Did he orally give yu atorinstruetions
i
as to warning Pittsburgh Corning or anyone else?
A
Ho, sir.
Q
Did you understand Mr. Goodman t be on of
the ultimate authorities n these sal between you
and the U. S. government?
A
I believe so, yes.
MR . BALDWIN % Finished?
MR . BAILETE; Not quite.
Now, one other thing. who is the liability
Q
insurance carrier for North American Asbestos?
i We had two carriers. One was Centennial
\
I1 and. one i<?as S t, Paul, I believe.
*
b==--------
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84 96
(
ac
3
1
Q. The difference In tlaie spaa, Is that the
reason yew had two different carriers?
Si
A
No. One is a regular policy, I believe,
and the other is an umbrella policy.
Q
Can you tell me which is which?
<A A I believe Centennial is the carrier and
K
B
St, Paul Is the umbrella, but I am not sure l am
f4
K
correct. I am not that familiar with the policies.
2
can you tell me what the policy limits
were?
g
3
f
o
A
Not without looking at the policies.
Q Could you supply mo with the policies?
A
They have been furnished to our attorneys.
Ecfl
MR. BERNAYSi We will let you look: at them.
Mu
0
MR. BAIXg'Y* Do you have theawith you today?
73
73< MR. BERNAYS $ Yes. y
MR*.BAILEY;Would it be permissible to have
8
Xerox copies of them?
n
I
si
MR. BERN AYS: W e will let you make notes of the
3
1
limits, if you wish.
MR. b A H ey: I have no further questions.
<)
O R
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wWrAUAMlMW"
FURTHER DIRECT EXAMINATION BY MR. BALDWINS
PACE 05
97
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Q
Mr. Morgan, when was this that the
government required a label?
A The Act was promulgated in J u l y of *72.
Q And you went to the government and asked
them to furnish the label?
A
I dldn*t specifically ask them to furnish
a label, X asked them if it would be labeled.
Q.
Did you do the asue thing as to Cape
Asbestos Fibers?
A
We advised them that a Ifcel would be
necessary and when it was published in the Federal Register we took the exact wording from the Federal Register and forwarded it to EGNBF and advised
them that all future shipments would have to carry this label,
Q
Now, did you do that by letter or by cable
or how did you do It?
A
I believe it was by cable.
Q
Would you furnish us with copies Of that?
A
If I can find it, yes, sir,
Q
And this was when?
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A. Well, it had to ho when it came out in tho
Federal Regie ter, and while 1 am. a little hazy on
&
the date I think it must have been in perhaps April
!
or May of f?2.
q
But you knew sometime before that that the
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government was going to require then to be labeled?
H
A
Yes, sir.
Ci
O
t.
Q
How long before that did you know that?
33
A
Approximately a year.
eft!
Q
Did you inform Cape Asbestos Fibers then?
S-
A
Yea, sir.
u ts
Q
A year bSTore the Federal Register came out?
8 A Yes, sir.
Ctf5
P
Q. You informed them at that time that the
-
ui*-
government was going to require a label?
otc
3
A
Yea, sir.
4S
*
Q
And that you desired one?
g
A
Yes, sir.
4
Q
Did they furnish a label at that time?
-4
3
A
No. They came back and asked me how should
f?
the label be printed and at that time we went back
to the government and said, nWhat wording do you want
3
on this label?" and tiey suggested that we wait
CO
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w
until it was published as to the exact wording that
r4
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PAGE 07
they wanted before we attached the label, because
there was a question as to the exact wading on the label.
Q, time?
Was there any label attached before that
A
Not to my knowledge.
03 E Q Now, you had been talking toyour lawyers
here before this deposition, I s n 't that right?
>4
A
Yes,
K
SS
s
<4 And that would be Mr. Bernays and Mr.
a> Mllwld?
h>
est
A
Yes, sir.
O
O
MB. BALDWIN; Those are all the questions
I have.
II
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CKOS3 EXAMINATION
PAGE 08 !
BY MR. O'CONNORS
b
VI
X
Q
I am Just a little confused on the detea*
e <
Did I understand you to aay that in 1971 you talked,
s'
<> ei
to Mr. Goodman at GSA and asked him if GSA was goings
V.
to put a earning on toe product?
A Ho, I didn't. I think the first tine I
W
J
ever talked to him was in *71.
"I
Q
When was this time that you talked to him
and asked him if GSA a going to put a warning oh the!
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1
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product and he laughed and aid he wasn't too familiar with that?
A I can't he exact on any dates, tout X believe it was during this period when the hearings wire b e i n g held in Washington, which X believe was
some time in 71, where then it became obvious they were goig to have to be labeled.
on that,
I'm sorry, but I c a n t give you a date
Q
But, to the best of your recollection,
GSA never actually laced d y warnings on their
product?
6
en N
A
Ho, sir.
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<
Q, That 1, up to February of 1972?
A Ho, sir. And, to the best of my knowledge,
t*
s.
they are still not placing labels-on there,
sr q At any time from 19&2 through February of
^ 3972 did North American or EGNEF ever place any
?t warnings on their products?
Ui
I
A Mot to my knowledge.
q
Did you supply products to Pittsburgh
j
5 Corning from *62 thragh *72 periodically?
gir.
u
A North American Asbestos?
a!C
<
q. y e s ,,
5
5>
And let me rephrase that and say,
O
did you service the supply of asbestos products
5G
*a" from *62 to *72 that went to Pittsburgh ,:Corning7
3
ft
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jy
-A
The records would indicate that we did.
CVf)l
<*
Q At any time during that period did m y of
s the products that you serviced ever have a warning
m
on them?
as
A Not to myknowledge.
a,4
a"5
Q At any time during that period did any *
of the products that you obtained from GSA have
any warnings on them?
5
90
A No, sir.
rlt
N
MR. 0^CONNORx All right.
N *
w(0 *D
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H PAGE 10 102
MU, BARON* Are you finished?
MB, O'CONNOBi YOS,
*
MB, BARON* Does anybody else have anything?
MR a BALDWINS `X have a couple of questions,
ei
REDIRECT EXAMINATION
<8
BY MR,. BALDWIN l
O Q, Did EGMEP ever place a warning on the
-4 asbestos* to your knowledge* up to the present
B
o
time?
A
You mean up to this date?
o
Q. Yes*
A They placed a warning* I believe, when
p
shipment began in June of 1972. They started to*
<
oo4
I am not sure about the exact date* but it was in
<w
-<
that area,
a
ajm
Q
Did they ever change the container it was
a
shipped in from the time you came to work, until June
s
a -of *7 2 ?
A
Well* let* see. We were in the process of
going to the metric ton, I thick* about the time I
camn with them in early 1 9 7 1 and they went to a
fO CO
**ew typ of press-packed bag that was in. a poly
omi
C4 liner, in a poly-woven bag* and I think that varied
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eei> oo
<a
O
<3 u
ffan what used to be a poly liner with the hessian
'
bag.
Q. What is- the difference?
c
r.
A The hessian bag as we know it X would call
?3 $ a gunny sack, which is rather loosely woven fiber*
arid the new bag is a poly liner on the Inside and s
th'e poly-woven bag was a much tighter bag that was
less prone to damage.
i Q
Isn't one common characteristic of all
w to net bags that they leak?
t* 8
SE-
*o*w O<
(A
-4
A * Especially if you run a forklift into the*.
Q. When did this change come about?
A
It was right after I came with the company*
some time in *71* and I can't give you the exact ate.
MR. BALDWIN: Thank you.
a
'S3
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N
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