Document aJn8LkrQadX3aQanp8369EXyR

1 IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY, MARYLAND 2 STATE OF MARYLAND, 3 Plaintiff; 4 vs. 5 KEENE CORPORATION, St al.. 6 Defendants 7 8 Thursday, April 3, 1986 Deposition of 9 Janes P. VERHALEN, 10 a witness, called for examination toy counsel for the 11 State of Maryland, pursuant to Notice, at the Office of 12 the Attorney General, State of Maryland, Attorney 13 General's Conference Room, Munsey Building, 7 North 14 Calvert Street, Baltimore, Maryland, 21202, commencing at 15 2:30 p.m., before John Oliver, a Notary Public, when were present on behalf of the respective parties: 16 ON BEHALF OF THE PLAINTIFF: 17 DAVID M. SHEEHAN, ESQUIRE 18 Assistant Attorney Generals Office of the Attorney General State of Maryland 19 Munsey Building 7 North Calvert Street 20 Baltimore, Maryland 21202 21 99 iMcJCim** & &U, Jtmfim* 9H4S V ON BEHALF OF U. S. MINERAL: 1 WILLIAM CLAGUE 2 4701 Sangamora Road Bathasda, Maryland 20816 3 ON BEHALF OF U. S. MINERAL 4 LOUIS S. GILLOW P. 0. Box 56 5 Natcong, Naw Jarsay 07857 ON BEHALF OF PFIZER, INC* : 7 PHILIP M. HAMMETT Suita 3600 1600 Markat Straat 8 Philadalphia, Pannsylvania 19103 9 ON BEHALF OF NATIONAL GYPSUM: 10 ED BROWN Smith, Soaarvilla, 6 Caaa 100 Light Straat 11 6th Floor Baltimora, Maryland 21202 12 ON BEHALF OF DEFENDANT: 13 DENNIS C. WHELLEY 14 20 S. Charlaa St. Baltimora, Maryland 21201 15 ON BEHALF OF W.R. GRACE 6 COMPANY, INC.: 16 DENNIS O'CONNOR, ESQUIRE Jordan, Coyna, Savita 6 Lopata 17 1030 15th Straat, N.W* Washington, D.C. 2005 18 19 20 21 2 99 *&%**} **07 (30f) 647-8SCO 9HH 2A 28 CONTENTS 1 WITNESS 2 JAMES P. VKRHALBN EXAMINATION BY Mr. Sheehan 3 EXHIBITS VERHALEN DEPOSITION No. 1 - Letter, 10-20-65, to Mr. Reycraft froa Mr. Varhalan No. 2 - Mlnutas, 11-3-65, froa J. B. ra "Meeting to Discuss Organization* No. 3 - Minutes of First Annual Meeting of Meabers, S.M.F.M.A. 10 11 12 K 13 No. 4 - Letter, 3-4-66, to aeabers of the Technical Coaaittee from Mr. Levine No. 5 Letter, 3-8-66, to Dr. Lleff froa Mr. Verhalen No. 6 Letter, 3-9-66, to aeabers of the Technical Coaaittee froa J. B. 14 No. 7 - Letter, 3-11-66, to aeabers of the Technical Coaaittee froa J. B. 15 No. 8 16 OL* No. 9 17 Notice of Meeting, 3-15-66, froa Mr. Verhalen Letter, 3-28-66, to Albl-Clad Manufacturing Coapany froa Dr. Lleff 18 No. 10 - Letter, 4-11-66, to aeabers of the Technical Coaaittee froa Mr. Levine, with attachment 19 No. 11 - Letter, 5-10-66, to aeabers of the 20 Technical Coaaittee froa Mr. Levin# 21 (continued) PAGE 3 PAGE 53 54 57 61 61 62 63 65 65 66 69 Sbm*** *H4 (*u\ G*7~M30C 2C 1 EXHIBITS *" Tcontinued) 2 VERHALEH DEPOSITION 3 No. 12a - Letter, 6*6*66, to Mr. Boyer fro Mr. thru 12b Verhalen, with attachment, latter, 4 6*3*66, to Mr. Evan fro Mr. O'Rourke 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PAGE 71 w 99 JttJCm** 8-d .<*4407 *(, 9H4 (XH) 47'9300 3 1 2 Whereupon, 3 JAMES P. VERHALEN, 4 a witness, was cal lad for examination by counsal for 5 Plaintiff and, having baan first duly sworn, was 6 examined and tastlflad as follows: 7 EXAMINATION BY COUNSEL FOR PLAINTIFF 8 BY MR. SHEEHAN: 9 Q Mould your stata your full naaa, business 10 address, hoots address for the record, sir? v..' 11 A James P. Verhalen. Box 186, Stanhope, New 12 Jersey. My business address Is the U. S. Mineral 13 Products Company, Furnace Street, Stanhope, New Jersey. 14 Q Mr. Verhalen, what's your position with the 15 U. S. Mineral? 16 A Chairman of the Board. 17 0 You're also an officer with the company? 18 A As chairman, I am an officer. 19 Q Are you also president of the company? 20 A No. 21 Q Does somebody else now occupy the position of O'" 99 JleKn** * 3tC 3h* #07 9>*ma tH4S 4 1 president of the company? 2 A Yaa. 3 Q Who la that, air? 4 A Arthur H. Janaan. ,5 0 Can you Indicate for ma at what point in 6 tlaa you wara no longar tha president of tha company? 7 A About Juna of *84, aa I recall, or July of 8 '84. 9 0 Can you indicata for ma what tha composition 10 of tha Board of Dlrectora of U.S.M. la? 11 A There are three of ue on tha Board of 12 Dlrectora. Art Jansen, myself, and a local attorney 13 named Gian Redboard. 14 0 Can you indicate for me what tha authority 15 for tha Board of Directors la over the operations of 18 U.S.M*? 17 A I would think it's typical of tha authority 18 the board has in any corporation. It elects the 19 officers, it fixes their salaries, it makes major 20 decisions relating to the company and its business and 21 its future. $9 iMcJUm** U*\f4mnd fH4 (9M) 647*8300 5 1 0 For how long have you been with U.S.M.7 2 A 1948. 3 0 Can you tall as at what point in tine you 4 bacama a member of tha Board of Diractors? 5 A 1952, aa I racall. 6 Q You aarvad continuoualy from 1952 to the 7 pre8ant? 8 A Z have 9 Q During that period of tiae, 1952 to the 10 present, haa the role and responsibilltlee of the Board 11 of Directors that you just described changed in any way? 12 A Not at all that I know of. 13 0 Sir, can you give ae a brief overview of your 14 educational background? 15 A I'a a Mechanical engineer graduated from 16 Marquette University in Milwaukee in 1948. 17 Q Then upon graduation, by whoa were you 18 eeployed? 19 A I was eaployed for a short period of time by 20 the M. A. Banna Fuel Company, then caae to U. $ Mineral 21 and been there ever since. 99JkXm*m&*md BtC 3B<* **07 O/(V /) <!(. OA/1 ****$ 6 1 0 What was your first position with U. S. 2 Mineral? 3 A Plant engineer* 4 Q What plant was that, sir? 5 A South Milwaukee, Wisconsin. 6 Q What was your responsibility as plant 7 engineer? 8 A Oh, pretty such equipment design, oversight 9 of all capital projects, and oversight of the 10 maintenance of the plant and equipment. 11 Q Sir, you indicated you have a B.S* degree 12 fron Marquette? 13 A Correct. 14 Q Do you have any post-graduate training at 15 all? 16 A I've had a lot of post-graduate individual 17 studies but no formal degree work. 18 0 In what types of areas have you had post 19 graduate studies in? 20 A Principally in business, marketing, and that 21 sort of thing. $9 ttwy 3tmd 3tC fat M07 fanntt fad, iMtnvdtnJ tHH 7 1 Q Have you had any In tha araa of industrial 2 hygiana -- 3 A No. 4 0 -- industrial safaty? 5 A No formal training and no acadamic training, 6 if you will. Psrsonal reading, yas. 7 Q What typas of parsonal raading ara you 8 alluding to, sir? 9 A I raad trada aagazinas; 1 raad publications; 10 I raad tha dally nawspapars, that sort of thing. U Q Sir, how long did you serve as plant engineer 12 in South Milwaukee? 13 A Oh, probably about a year. 14 Q What was your next position? 18 A Plant manager. 16 Q At tha same plant? 17 A At tha same plant. 18 0 What typas of products did this plant 19 produce? 20 A This plant produced tha mineral wool, batts, 21 blankets, and blowing oil. 99 .36 3km *40? JCnyM ***40 8 1 0 Old it produce any othar products? 2 A That's all it produced. 3 Q Old It svsr produce Coalnco and slated 4 cements? 5 A No, sir. 6 0 For how long were you at the South Milwaukee 7 plant? 8 A Was there until we closed It In 1952. 9 Q Throughout that entire period of time that 10 plant never manufactured Coalnco and slated cement? 11 A That's correct. 12 0 Zt did not manufacture any products 13 containing asbestos? 14 A Not to my knowledge. 15 0 Were there other plants operated by U. S. 16 Mineral at other locations during your tenure or was 17 this the only plant? 18 A No. The plant at Stanhope, New Jersey, has 19 been In continuous operation making mineral wools since 20 1875. 21 0 Were there any other plants around the 99 &mtt . 3k* #<n 9H46 (JO/) 647'6300 9 1 country at that time? 2 A Thara waa another plant that we leased for a 2 short period of time In South St. Paul, Minnesota. That 4 was closed In 1959 or *50. 5 0 In 1948 and In 1949 when you were In South 6 Milwaukee, were you faelllar with the other products 7 produced by U. S. Mineral? 8 A Well, those were the products produced by U. 9 S. Mineral. 10 Q Old U. S. Mineral produce Comlnco and slated 11 cements at any of Its manufacturing locations In 12 those years that you know of? 13 A It nay have Intermittently produced Comlnco 14 cement In Stanhope. 15 . Q But you had no personal Involvement with 16 that? 17 A No personal Involvement. 18 Q So the produce line that you were most 19 Involved was mineral wool products? 20 A Correct. 21 Q Was that considered to be an area of 99 36 3k* *407 & AU, 9Htt 10 1 specialty for you? 2 A Was is that? 3 0 Mineral wool. 4 A That was the company'sbusiness. That was 5 the company's only business. 6 0 At that point in time, did you in any way 7 keep abreast of the literature that was published about 8 mineral wool and mineral wool productions? 9 A Tried to. 10 Q What types of literature would you 11 familiarize yourself with? 12 A In those years and even today, there's very 13 little public information about mineral wool. There are 14 no textbooks on the. subject. The cupulo-meldlng 15 practices, there is perhaps more European literature 16 than American. The industry -- everybody thought that 17 what they were doing was so special and different that 18 it was difficult to get much information -- much 19 technical information on what other's were doing. 20 0 During the period of time that you were in 21 South Milwaukee, from 1948 to 1952, were you aware of or 99 &omd . 36 3Bm *407 3*4, 9**4S (90*) 94?-*#*> 11 1 made aware of any allagad hazards associated with 2 exposure to mineral wool? 3 NR. CLAGUB: Objection. It's beyond 4 the scope of the litigation, but you can go ahead and 5 answer. 6 A X don't believe there was a hint of any kind 7 of hazard connected with mineral wool. 8 BY HR. SHEEHAN: 9 0 So you're not familiar with any articles 10 which may have been published that may have raised that 11 to a level of concern among those In the Industry? 12 A X would suggest X don't believe there were 13 any. 14 Q Sir, are you familiar with the publication 15 Rock Products? 16 A A magazine. X read it occasionally. 17 0 How about during that time period that you 18 were in South Milwaukee, would you have read that 19 magazine? 20 A X would have occasionally read that magazine. 21 0 Has that considered to be a magazine that 99 iMc.JUmtqt Stcmd &<* **C7 X 0U4, JUnJ-U 3H46 (srvj 647**300 12 1 dealt with the trade? 2 A One of the trade publication's I would 3 follow. 4 Q Were there very many at that point in tine? 5 A Well, when you say "very many," Foundry 6 Magazine. Rock Products, I would say that nost of the 7 other publications I read were wore business oriented 8 than they were technologically oriented towards cupulo9 neldlng practices or the foundry or rock industry. 10 Q Now, sir, you mentioned that you left the 11 South Milwaukee plant upon its elose in 1952? 12 A Correct. 13 Q And went to Stanhope, New Jersey? 14 A Exactly. ' 15 Q Was that the only manufacturing plant 16 operated by U.S.M. at that point in time? 17 A Zt was the only one then operating. 18 0 In what position were you recruited when you 19 moved to Stanhope, New Jersey? 20 A I came without a title, position, or a 21 promise The company had a sales manager. The company 99 ' 36 Sk* *<n 3m/, (9M\K47'MMO 9H4 13 1 had a plant aanagar, but It didn't hava laadarshlp. I 2 had no tltlas. 3 Q Who was tha president of the company at that 4 point In tlma? 5 A Edward B. Dally. 6 0 Did Mr. Dally continue on aa president for a 7 number of years thereafter? 8 A He continued on as president until 1 became 9 president in -- sometime In the sixties* 10 0 Was he also a member of the Board of ii Directors during that tine period? 12 A He was a member of the Board of Directors 13 right up until July of '84. 14 0 And he no longer serves with the company in 15 any role? 16 A At U. S. Mineral, no. 17 Q Now, sir, when you first arrived at the plant 18 in Stanhope, New Jersey, what were your assigned 19 responsibilities? 20 A Stop it from losing money. 21 0 How did you do that, sir? 99 J&UMr StC 3k* 4407 SP--rma *Ma\jJmn4 tHH (.**) 4U7.&WC ^ 14 1 A First thing we did was to bring in ths usable 2 used equipment to sake batts and blankets. From 3 Stanhope, brought it, 1 seen, from South Milwaukee we 4 brought it to Stanhope and installed that used equipment 5 in Stanhope and broadened the product line to include 6 batts and blankets. Prior to that time, the only 7 product eade there was blowing oil. Granulated mineral 8 oil. After we got the batt line operating and got some 9 volume of batt business, the losses stopped and we began 10 to make small amounts of profit. 11 Q Now, sir, in preparation for today's 12 deposition in this case, did you have occasion to read 13 or review any documents that may be pertinent to the 14 inquiry? 15 A I consciously avoided reading all the 16 documents that you've called for. 17 0 Have you read any documents at all, sir? 18 A In relation to this, no. 19 Q Now, sir, you've been deposed on prior 20 occasions? 21 A Z have. 99 &omd . 2C 3k* #07 JttnUmti 9H46 15 1 Q How many occasions? 2 A Three, four, fiva. 3 Q Do you racall the last tiae that you took a 4 deposition raiatsd to asbastos litigation? 5 A I do. 0 Whan was that,sir? 7 A Z don't reaeaber axactly whan it was. It was 8 in Stanhope. Maybe a year ago. bass than a year ago. 9 Q What type of case was that, sir? Was that 10 personal injury, bodily injury, or property daaaga? 11 A It was a personal Injury case having to do 12 with either Pennsylvania or Ohio. 13 Q Since that tiae, you haven't had your 14 deposition taken? 18 A No, I have not. 16 Q Sir, do you recall the first tiae that your 17 ooapany aanufactured asbestos-containing products? 18 A We entered the Cafco spray fiber business in 19 February or March of 1954. 20 Q Prior to that tiae, to your knowledge the 21 company aanufactured no asbestos-containing product? 99 t/4b*2bwMar &omt( 3k* *407 (30*)647'830C 16 1 A The company, Z believe, erratically or 2 intermittently say hava made some insulating cements at 3 Stanhope. It was not a successful product. Never 4 amounted to a hill of beans. 5 Q When you first arrived there in 1952, was the 6 Stanhope plant manufacturing Cominco cement. 7 A I don't think so. 8 Q When is the first time that you recall that 9 the product was actually manufactured there? 10 A We put it in blending equipment to mix these 11 casklll products in '54. And Z believe there was an 12 attempt to make Insulating cements in the later years. 13 Z do know we produced some for Cuba in the later '50s, 14 '57, *58, '59. Z do know we exported some insulating 15 cements to Cuba. I'm sure we may have attempted to 16 market those products intermittently. But it was never 17 a product that got any management attention of any 18 significance. 19 0 Did you also serve the company in a sales 20 capacity before coming to Stanhope? 21 A Well, in the Milwaukee area, in the mid-West 99 vfc Xmtfy 9>4*mma frU, JUyM MS 17 1 area, I ended up with tha salas and aarketing and 2 minding tha total ganaral aanagaaant rasponsibillties 3 for tha middla Hast. 4 0 During that pariod of time, you varan* t 5 sailing any Coainco than? $ A No, sir. 7 Q Now vara thara othar plants loeatad around 8 tha country othar than Stanhopa? 9 A Stanhopa and South St. Paul. Tha St. Paul 10 oparation va vara involvad only for a coupla of yaars. 11 That was a laasad oparation as I said. 12 0 Now, sir, can you tall mm tha Coluabia 13 Acoustics and Plraproofing Company was foraad? 14 A February 24, 1954. 15 Q Was that tha tlae tlaa that you began 16 production of Cafco products? 17 A Cafco products. Correct. 18 Q Who are tha principals in Coluabia Acoustics 19 and Fireproofing Company? 20 A Vail, It was a wholly-owned subsidiary of 21 U.S.M. so tha U.S.M. principals ware tha saaa as tha 99 1c`Xm*p Umd ***** (90*) 647-9300 18 1 Cafco Columbia Acoustics principles. 2 Q Sir, do you recall at what point in time U. 3 S. Mineral began to develop asbestos products? 4 A Veil, we started a research and development 5 operation when Prank Stuapf joined the company late in 6 1954. 7 Q The reaaarch for Cafco products was begun 8 with Mr. Stuapf? 9 A Really, yes. 10 0 Was anybody else in the company responsible 11 for the development of those products, the product line? 12 A Other than Prank? 13 Q Yes. 14 0 No, not really. 15 A How about Mr. James Kempthom, was he? 15 0 Hell, we -- what we did is we took a license 17 from Mr* Kempthome and got presumably the required 18 technology to make these products in February of '54 19 when we started in the business. 20 A So you began to produce Cafco spray under 21 license from Mr. Kempthome? 99 *Atc3immt . 36 3B<* *H>7 3xd, *4*.a,w 9HH 19 1 A Based on his formula* and his tast 2 information and his knowledge of tha business, yas. 3Q 4 fiald? Was ha a parson who was knowledgeable in his 5 A Ha thought so. 6 0 Did ha sarva in any official rola with your 7 company? 8 A Navar as an eaployee or officar or in any 9 diract contraction. 10 Q Did ha sarva as a consultant? 11 A As a consultant. 12 0 For what period of tlaa did ha sarva as a 13 consultant? 14 A Our agreeaent with hla kept him on in that 15 rola for flva years till 1959. 16 Q During that period you continued to 17 aanufacture a product that ha had designed? 18 A No. Wa continued to aanufacture his product 19 only until Frank Stuapf had enough tiaa to taka tha bugs 20 out of his product. 21 0 What was his product called? 99 . 36 3h* **07 &U, JUybmt ***** (90*) 047-9900 20 1 A Sprayed-on. 2 0 Was that aade undsr tha Cafco name? 3 A Por tha first ysar tha Cafco product was the 4 saaa as tha Sprayed-on product that ha brought to us. 5 Q My quastion was was it aanufacturad and sold 6 as Cafco or Sprayed-on. 7 A It was aanufacturad and sold as Spayed-on in 8 tha New York aetropolitan area which is tha territory 9 that was exclusive to Mr. Keapthorne and everywhere else 10 tha same product was marketed and sold as Cafco. 11 Q Was that part of your license agreementwith 12 Mr. Kempthorn? 13 A Yeah. 14 Q That was. some of the other teras of the 15 license agreement? 16 A He had the exclusive territory. He had -- he 17 got a aodest royalty based on our sales outside of New 18 York. There was soae minimum royalty payment as I 19 recall. I don't reaeaber the aaount. He consulted with 20 us with respect to product development, with respect to 21 machinery, application machinery development, with 99 3k* *407 JUyM 9H4$ 21 1 respect to marketing and tasting and that sort of thing. 2 Q Sir, lat aa back up. Whan did your company 3 naka tha initial daclslon to go into tha spray aarkat, 4 tha flbar spray aarkat? 5 A Probably mlddla third quartar of '53. 6 0 Who would hava involvad in that daclslon? 7 A I gusss I was principally involvad in that 8 daclslon and Bd Dally and tha othar dlractors. Whan it 9 was finally agrasd, wa wara abla to finally work out an' 10 agraaaant with Mr. Kaapthoma. 11 0 Who was it that locatad Mr. Kaapthoma? 12 A I did. 13 Q So this was a project that you had assumed a 14 graat daal of responsibility for? 15 A Bundrad parcant. 16 Q Hundred parcant. How did you find Mr. 17 Kanpthom? 18 A Impossible. (Followed by laughter) 19 Q Wara you responsible for negotiating with Mr. 20 Kaapthoma? 21 A Yes, l was. 99 iMc-JCm** 36 3h* #07 9H40 22 1 Q And negotiating this license agreement? 2 A Yes. 3 Q in the course of these negotiations for the 4 manufacture of Sprayed-on, his role of serving as 5 consultant for the company, did Mr. Kempthome make any $ of his materials related to spray fiber or the apparatus 7 for spraying fiber available to you? 8 A Mr. Kempthorm came to my attention as one of 9 our bad debts. He was in bankruptcy, and we had been 10 selling him mineral wool, and that's how I became 11 acquainted with him and his creditors and his process 12 and his products. As part of the bankruptcy sale, we 13 purchased the manufacturing equipment that he owned and 14 brought it up to Stanhope and started the manufacture 15 that way. 16 0 Mere you aware of the various patents that 17 Kempthome held for the spraying of mineral fiber? 18 A Oh, sure. Me got a license as part of that 19 agreement under all those patents. 20 0 Mow which patents would you had a license to 21 use? 99 &omd && 3B<* *407 &$mnna t**4 ' (30*) 47'6300 23 1 A All of his patents. 2 Q Did you have occasion to read through his 3 various patents? 4 A Read through then and discussed them with 5 him. 6 Q So you're familiar with the content of all 7 those patents? 8 A I think generally -- it's a few years ago, 9 but, in general, yeah, Z think so. 10 Q So any of the patents that Nr. Kempthome held U at that point in time that related to either the 12 machinery or apparatus for spraying fiber and the manner 13 of spraying, you would have been familiar with? 14 A That was principally what he brought to the 15 table. 16 0 Now, sir, how long a period of time did you 17 oontlnue to manufacture Sprayed-on for Mr. Kempthome under 18 this license agreement? 19 A Until that five year exclusive territorial 20 thing terminated in '59. 21 Q Por what period of time did you manufacture 99 3l &omd *07 9H*S 24 1 his formula with your labsl? 2 A Until Frank Stumpf successfully developed and 3 tested a Modification of that product. Probably about a 4 year into the first second-quarter of '55. 5 0 After that tiae, you no longer used Mr. 6 Kempthom' s formula? 7 A That * s correct 8 0 Only for the manufacture of his product in 9 metropolitan New York? 10 A Oh, after describing to him the improvements 11 that had been made, he quite agreed to accept in the 12 Spray-on bag, the Cafco produets so we had only one 13 product to make. Zt was just put in different bags. 14 Q So Sprayed-on and Cafeo were one and the 15 same? 18 A Were one and the same. 17 Q Until 1959? 18 A Until either sometime in March or the first 19 of April, '59, that terminated. We stopped 20 manufacturing for him. 21 Q Did he sever his relationship witn your 99 tA 8<*#c7 &U. (SO/) S47'S90C 25 I company? 2 A Quito. 3 Q That was a coaploto sovoranco? 4 A Quito. 5 Q Aftor that, Mr. Kompthomo wont into manufacturing business himself? 6 A Correct. 7 Q With his own formula orwith yours? 8 A Ho had his own formula. 9 Q Do you have any knowledge as to how that 10 differed from yours? 11 A No, and very frankly, we didn't care. 12 Q So it's quite possible he.continued to use 13 your formula? 14 A NO. 15 Q How would you know that, sir? 16 A Well, let's say It would not have boon proper 17 for him to use our formula nor would it have boon proper 18 for him to know our formula. 19 Q Was this the only location that Sprayed-on 20 was made during those years? 21 99 3tt &c* **<n .v <*#.< *** 26 . 1 A During those year*, that's correct. 2 Q 1954 to 1959? 3 A Corract. 4 Q After that point in time, where was Sprayed5 on made, if you know? 6 A I believe ha sat up in Newark. 7 Q At that point in tiaa had tha licensing 8 agreement, tha azclusiva arrangement for tha 9 metropolitan New York area ended? 10 A That ended. 11 Q So you vara direct competitors at that time? 12 A Ha vara competitors. 13 0 Did you aver have occasion to have your 14 research department, Mr. Stumpf, analyze a sample of 15 Sprayed-oa to sea tha extant it resembled your own 16 formula? 17 A No. 18 Q Has there any controversy aver made known to 19 you that, in fact, ha was using your formula or your 20 formulation or a vary close replica thereof in tha 21 continuing manufacture of Sprayed-on? 99 0tom4 SFmrtma 9H4 <9M\ 47*A.Wf) 27 1 A Wall, he was not using ezactly tha sama 2 formula as ours. 3 Q Do you know what dlffarancss thara wara? 4 A No. I just know that it was not azactly tha 5 sama? 6 0 How do you know that, sir? 7 A If ha had azactly tha same formula, ha would S hava qualified at Underwriters Laboratories for tha 9 sama test status that wa had, and ha did not qualify for 10 that. U Q I sea. Based upon that, you assume that tha 12 formulas wara different? 13 A Based on that, I know it's different. I 14 don't know to what extent it's different or how. 15 Q Now, sir, during this period in 1954 to 1959, 16 we can stick with that for a while, what other products, 17 if any, did you manufacture for other companies or other 18 individuals? 19 A In tha blended fiber asbestos-containing 20 area? 21 0 Yes 99 yW . 36 3B<* **C7 3--tmn t>A* tH4 28 I A Non* that I recall. 2 Q During this tin* period, war* you producing 3 Cominco camant again? 4 A I do know that we made attempts at it. And I 5 do know that we sold some to Cuba. Z think we made 6 attempts to sell to Con Edison in New York, but it's my 7 recollection we failed at that. 8 Q So Cominco was never a very big product for 9 your company during that time period? 10 A It, as 1 said earlier, was of no consequence. 11 0 Who would have been responsible for the production of Cominco? 12 A When you say "production, * you mean the 13 manufacturing of it? 14 0 Yes. 15 A Well, whoever was responsible for 16 manufacturing at Stanhope, that was different people at 17 different times. 18 Q So was there ever a time period you 19 manufactured Cominco cement for Arrid Magnesia? 20 A For Arrid Magnesia. Not that X recall. 21 99 . 3t(R SPpttma 9U4, **Q7 9HH 29 1 0 Bow about in tha 1960s, did you manufacture 2 Comlnco for Empire Ace? 3 A Probably. 4 0 Here there any other companies that you would 5 have manufactured Cominco for? 6 A He may have made some for Johns Manville, but 7 X don't recall* 8 Q If you made, for example, Cominco cement for 9 another company, would that be sold under their label or 10 yours? 11 A They would have given us a formula. He would 12 have mixed it, put it in their bags. 13 0 Now, sir, going back to this time period, 14 1954 to 1959, was Mr* Xempthome responsible for the 15 development of any other products other than Cafco 16 spray? 17 A Mr. Kempthorne was not responsible for the 18 development of any product following Mr. Stumpf's 19 arrival at our company. 20 0 Did you recruit Mr.Stumpf? 21 A I did. 99 fttmd $6 3k* m? 0U4, tmd 9H46 30 1 Q Were you familiar with his background? 2 A no, yss. 3 Q At tha tima you racruitad him? 4 A Wall, as part of tha intarviawing procass, I 5 did not know him before our first discussions about his 6 joining the company. That was tha first tima I became 7 acquainted with Prank. 8 Q You knew that he'd worked on sprayed mineral 9 fiber with asbestos during his tenure at National 10 Gypsum? 11 A Z learned about that as part of the 12 interviewing process, yes. 13 Q During this tine period 1954 to 1959, were 14 there any other manufacturing locations to U.S.M.? 15 A This was the sole manufacturing location for 16 U.S.M. up until 1973. 17 0 At that point in time, you had ceased 18 manufacturing asbestos containing products, is that 19 correct? 20 A Before that time, we had ceased and we then opened a plant in Birmingham, Alabama. 21 99 Jte-yCm-r * && tom #C7 SPtmima 2H46 31 1 Q So during this time psrlod 1954 to 1970, *72 2 3 A Only at Stanhope, New Jersey. 4 Q During that tlaa parlod, what othar products 5 wars producad baaidas tha asbestos-containing products? 6 A Wa aada batts and blankats out of mineral 7 .wool. Wa aada Industrial falts out of mineral wool. Wa 8 aada granulated mineral wool for blowing into homes and 9 for Industrial high taaperature and cryogenic 10 applications and wa aada polystyrene foam products. 11 Q Going back to tha Cafco line of products. Is 12 that tha only line of products that aver contained 13 asbestos? 14 A Correct. 15 Q With tha excepting ofCoalnco. Coainco 18 wasn't a Cafco product? 17 A NO. 18 Q So was tha Cafcoproductline and Coainco 19 constitute tha asbestos-containing product line of tha 20 company? 21 A Correct. 99 'Jte'Xm** Rtmd 36 4*07 32 1 Q When you first began the manufacture of Cafco 2 products, had you done any type of Market survey to 3 determine number 1: what the market for the product was 4 and, number 2, who the principal competition was? 5 A Perhaps not in the formal sense that you 6 would think of it. Z -- as part of the evaluation of 7 Mr. Kempthom's history and his product acceptance and 8 his market position, Z did visit with everyone of his 9 important customers and did get a feel for their opinion 10 as to prospective growth in the spray fireproofing 11 markets. And that was enough knowing the risk we were 12 taking to justify starting out in the business in a 13 small way. 14 Q Do you recall who the other competitors were 15 at that point in time? 16 A Zn the United States in the spray fiber 17 field, the only two real competitors were Limpet and 18 Asbestos Spray. That's 1954. 19 0 Has Spraycraft in existence then as a 20 product? 21 A As part of that same bankruptcy sale. Smith $9 &omd $. 8cx *407 f**4 (JO*) 47-6300 33 1 and Kanzler acquired tha equipment that we did not 2 acquire. And thay startad up In tha buainaaa about the 3 same time we did. 4 Q Who's responsible for starting up their 5 business, do you know? A Dr. Morris Llaff. 7 0 So you both entered the field at the same 8 time? 9 A Correct. 10 Q How about the powder named Spray-Kote, were 11 you familiar with that? 12 A That's one I'm not familiar with. 13 0 At that point in time, were there other 14 principal competitors in the fireproofing business? 15 A Well W. R. Grace -- well, prior to W. R. 10 Grace, it was Zonollte Corporation which was a Chicago 17 outfit had clearly the strongest position in the 18 marketplace with a vermlcullte plaster product. U. S. 19 Gypsum, the National Gypsum were both major factors in 20 the plaster -- perlite plaster vermlcullte wet mix 21 business, the slurry business* Those three companies 99 ' & &Ut*l t&c* #07 oUa\yJ*nd 9H4S 34 1 dominated that market. Eighty-five parcant of tha 2 fireproofing market was theirs for those three 3 companies. 4 Q At that time in 1954? 5 A At that time in '54. 6 Q Did that change over the course of the 7 following ten years? 8 A Hell, Zonolite somehow squeezed both National 9 Gypsum and U S. Gypsum out of the business. It was to fiercely competitive. Then there were a bunch of 11 regional little companies in the business. 12 Q Has Aerothexm one of those companies? 13 Q They were a Chicago-based, pretty much a 14 regional company. 15 Q And Spray Flake? 16 A Spray Flake, also, in the Midwest and pretty 17 much regional. 18 0 Were those sprayed-flber products? 19 A Those were sprayed-flber products. 20 0 Were those also asbestos containing, do you 21 know? #C7 (3Ot)647'*W0 35 1 A I'm not sure. 2 Q Now, sir, when you began the manufacture of 3 Cafco product -- let me backtrack. The first product 4 was Cafco spray, is that correct? 5 A Correct 6 Q And it was used for fireproofing? 7 A It was used for everything. It was multi 8 purpose product. 9 Q What is this spray going to be put to, sir? 10 A It's used for thermal insulation, used for 11 acoustical treatment or used for fireproofing. 12 Q Rad all the required tests -- 13 A All the required tests and characteristics to 14 do any one of those or all three simultaneously. 15 0 Now, sir, the principal constituents of that 16 product were mineral oil and asbestos, is that correct? 17 A Correct. 18 Q You manufactured the mineral oil yourself? 19 A Correct. 20 0 Where did you purchase the asbestos from? A Initially, we only bought small quantities. 21 $9 UKrJ&UMr 0Umd - 3Bax *407 SF--m* /rwl **.#**- a iH4S 36 1 We had -- we only -- we probably bought froa local 2 distributors or froa the J. M. distributor locally until 3 we started to buy in carload quantities or truckload 4 quantities. That happened two or three years later, I 5 guess. 6 Q Froa whoa would you purchase the fiber from? 7 A The bulk of our purchases were froa J. M. in 8 Canada. 9 Q Froa what other alnlng -- asbestos aining 10 operations would you purchase asbestos froa? 11 A The J. M. venture, as I recall, was at 12 Thecford aines in Quebec. 13 Q No, sir, I aean what other coapanles would 14 you purchase asbestos froa besides J. M.? 15 A Well, substantially all of our aaterlal would 16 have bought froa J* M. but we bought lnteralttent 17 quantities, I think, froa Cary of Canada, and It seems 18 to ae there was another supplier whose naae I just don't 19 recollect? But they -- 20 Q Row about Lake Asbestos? 21 A Pardon? $9 5W 3tC 3b* m7 & 3bd, UKrmW 9H4S 37 1 Q How about Laka Aabaatos? Old you purchase 2 from thaa? 3 A It's a faalllar naae and, psrhaps, yas, but I 4 can assure you, not such quantity. 5 Q How about the Rubroys Company? 6 A Don't know that we bought -- if we bought 7 anything, they'd be trial quantities. Certainly no . 8 substantial -- no truckload quantities. 9 Q What types of asbestoswould you purchase? 10 A You seen what grades? 11 Q No, what type? 12 A Essentially, only Canadianchrysotlle. 13 0 Froe tine to tlse, would you use aaoslte 14 type? 15 A We used trial quantities of aaoslte in an 16 atteapt to sake an laproved heat shield product. That 17 didn't work out. And the answer is no. Only test 18 quantities of aaosltes. 19 Q So virtually all of your products that are 20 Installed anywhere in the country ought to contain only 21 chrysotlle asbestos. 99 <Me3Cmk*m ' 9tt 9k* M7 Skmima <.a 9H49 38 1 A Correct. 2 0 The great bulk of that was purchased from 3 John* ManvlXX#? 4 A Corract. 5 0 Now, air, do you still hava raeords at U. s. 6 Mineral reflecting the purchases of your fiber, asbestos 7 fiber? 8 A we searched those records in connection with 9 some other interrogatories and whatever data we have we 10 have. There is some data available on asbestos 11 purchases. 12 Q Do you recall forwhat tineperiod they 13 reflect purchase of'product? 14 A Nell, our purchaserecords are not as 16 complete as our sales records and so I don't remember 10 what years we have that data for. But there is some 17 data available. 13 Q Now, sir, in 1954, how large an operation was 19 this Stanhope plant? 20 A Nhen you say how large it is, by what 21 measure? 99 &omd 9L4, JUiUmti 9H4 /** 39 1Q 2A 3Q 4 in? How many employees? Twenty-five, thirty. What typa of volume of businass would you be 5 A Z Just happan to remember. I think the year 6 ending March 1952, our sales wars lass than half a 7 million dollars. They grew to a llllon dollars, I 8 believe, or want over a Million dollars in the year 9 ending March of '54. Total corporate sales for all 10 products. 11 Q Now what's your total corporate sales for all 12 products today? 13 A Twenty--22 million. 14 Q How many .employees do you have today? 15 A U.S.M. plant employees, probably 60, and 10 sales and overhead employees, probably almost or about 17 an equal number. 18 Q How many manufacturing plants do you have 19 today? 20 A We're manufacturing In Huntington, Indiana -- 21 oh. I'm sorry, you said Stanhope, okay, that's Stanhope. 9$ 0k* #0? JUybnd *H4 (VH)647'l30C 40 1 we have manufacturing operations in Huntington, Indiana, 2 and Birmingham, Alabama. 3 0 Tha 20 to 22 million dollars -- 4 A Includes all of the plants. 5 Q Does that include international operations, 6 too? 7 A That does not. It includes some export sales 8 but doesn't include -- it only the sales manufactured by 9 U.S.M. and exported are included in the 20 to 22 10 million. 11 Q Sir, going back to this period in 1954 to 12 1959, did you begin to enter the sale of mineral fiber 13 in Canada? 14 A We exported to Canada '57, '58 and about that 15 time set up a plant in Montreal. 16 Q Was that a blending operation? 17 A it was a blending operation in Montreal. 18 Q Did you also set up a Canadian subsidiary of 19 your company? 20 A Subsidiary. That we did. 21 0 Who are the principals of that company? 99 & &U, 9H46 41 1 A I don't reaeaber any longar what ay rola wa* 2 but that was assantlally ay responsibility. 3 Q Did you also have offices In Canada other 4 than the aanufacturlng plant? 5 A There were no Canadian officers In the venture. It was a very aodest operation with a 7 aanufacturlng aanager at the plant, and he had no more 8 than two or three or, at aost, four eaployees during a 9 busy tlae. All of the aerketlng and sales, I was 10 personally responsible for. 11 0 Was your Canadian affiliate -- Z assume this 12 was a wholly owned -- 13 A Wholly owned subsidiary. 14 0 Was this-subsidiary a aeaber of any trade 15 organisations in Canada? 18 A Oh, no. It was too snail an operation to -- 17 Q During this period of tlae, 1954 to 1959, did 18 your company have any contact or affiliation with the 19 Quebec Asbestos Mining Association? 20 A NO. 21 Q Bow about the Asbestos Textile Industry? 99 Xomd X <w\ *4*. 9HH 42 1 A Never. 2 Q How about the National Insulation 3 Manufacturars Association? 4 A National Insulation Manufacturers 5 Association. At the tins It had that tltls -- I think 6 that subsequently became the Thermal Insulation 7 Manufacturers Association. Our involvement with TIMA 8 had nothing to do with mineral fiber. We were In the 9 1960s In the urethane foam business and a part of TIMA 10 was a urethane foam roof Insulation sub--, something or 11 other, and we were involved in TIMA only because of 12 urethane foam. And only for a relatively few years. 13 Q Who from your company would have been 14 assigned responsibility for attending meetings and the 15 like? 1$ A Oh, If I recall, John O'Rourke and Bob 17 Rosenfleld were the people that I think were Involved. 18 No, John O'Rourke would not have been. It'd have been 19 Bob Rosenfleld who would have been active with Tima. 20 Because we didn't get Into the urethane foam business 21 until John left us 99 sMe X***f . 3t HC7 &U, Amytml ***** -- - - - - - - - - - V 43 1 0 How about the National Minaral Wool 2 * Association? 3 A Ns hava bsan aetlvs in that association 4 continuously. 5 0 Sines shat point in tins? 6 A Ns wsrs a founding aember and hava bsan a 7 maabar continuously sines 1934. 8 0 You've also sarvsd as a offlcar in thair 9 organisation? 10 A Navar an offlcar -- wall, 1 aay hava hald 11 offica, ysah, I was tha traasurar of that for a nuabar 12 of yaars and a dlractor for aany, aany yaars. 13 Q Nara you tha parson in tha coapany who 14 attandad tha aaatlngs of tha National Minaral Nool 15 Association? 16 A That was ay role, yas. 17 0 Nhsn did you first bagin attsndlng thosa 18 aaatlngs? 19 A 1950, '49, *50. 20 Q Zn fact that you kspt tha records froa soae 21 of thosa organisation's aestlng, is that correct? 9$ Umd 3M Sk* #07 &U, JLnyUm/ tHH (301)647-1900 44 1 A Of Mineral -- 2 Q Tha National Minaral Wool Association. 3 A Wall, wa have -- I hava some racorda but 4 thosa racorda ara cosplata. Tha Association is active. 5 It's in businass. Z think thay'va got all tha archives 6 In history that anyone sight want. 7 0 Where is that Association headquartered? 8 A Headquartered at Summit, New Jersey. 9 Q Now, sir, by tha period of tlae 1960, do you 10 know what tha competition was in fireproofing and what 11 your relative position in that market was? 12 A With any degree of accuracy, based on any 13 statistical data, no. Nor do X think anybody does. 14 Q Row about by 1967? 15 A Thera never has been any accurate statistical 16 data available to help anyone get a feel for the total 17 else of the market or any one individual company's 18 market share. 19 Q Does that Include the whole fiber market or 20 simply segments of it like sprayed mineral fiber? 21 A Well, the whole fireproofing market is -- was 99 U&JftwMr &U>mJ 8C. 3k* *C7 3*4 9H46 45 I then end Is today dominated by W. R. Grace, the 2 successor to Zonolite's operation In Chicago. They're 3 still the major factor. 4 0 Does your company from time to time attempt 5 to estimate your share of the market? 6 A I think every progressive company does. 7 0 Do you have any competence at those 8 projections, have any reliable degree of accuracy? 9 A They're estimates. I say, they are 10 estimates. 11 Q They're estimates. Sir, was there every any 12 formal attempt to report on shares of the market of 13 sprayed mineral fiber that you recall? 14 A There was a limited period of years when 15 there was an attempt at using Price-Waterhouse or some 16 independent auditing firs to accumulate and disseminate 17 statistics. I don't remember how it was done. It 18 lasted a short period of time. The problem with those 19 statistics is they weren't complete. 20 Q When you say weren't complete, what do you 21 mean, sir? $9 Ssmd St *407 Smyrna frU, UfetjNW MS 46 1 A Nell, the few members of the Sprayed Mineral 2 Fiber Manufacturers Aeeoclatlon all put together that 3 were reporting didn't repreaent 20 or 25 percent of the 4 total Industry. So it just wasn't worthwhile to know 5 what share of what little aarket segment you had. 6 Q The aembers of the Sprayed Mineral Fiber 7 Manufacturers Association, what portion of the aarket of 8 sprayed mineral fiber did they represent? 9 A Of spray mineral fiber? 10 0 As opposed to veralcullte and acrylic based? 11 A Zt did not Include F. B. Madison or Turner12 Newell. It did not Include Limpet Products. It did not 13 Include Sprayed-on. It did not Include Firm Acoustic. 14 It did not Include any of these regional guys that were 15 still selling regionally a sprayed mineral fiber. So 16 I'd be guessing, and only a guess, I would guess that 17 the members of the Sprayed Mineral Fiber Association 18 represented somewhere between a half and three-quarters 19 of the total market. 0 Now, sir, this organisation was Sprayed 20 Mineral Fiber Manufacturers Association was an 21 99 tXtmd ' 4*07 & KsHaxwtand 944*0 /> .V A/* ft 47 1 organization you helped found? 2 A tfa were ona of tha founding, charter 3 companies, yea. 4 Q Whan vara tha first atteapts Bade to form 5 such an organization? 6 A If I recall, around 1965. 7 Q Vara there earlier atteapts to do that, sir? 8 A I can't recall any serious attempts. Not 9 where -- there was probably discussion on the subject 10 but 1 don't recall any serious atteapts trying to do 11 that. 12 Q What was the lapetus for foraatlon of this 13 association? 14 A Principal, lapetus was a perception that the 15 cementitious products would eventually squeeze out totally 16 the sprayed fiber products unless the sprayed fiber 17 people had a common interest in marketing and gaining 18 market acceptance for the sprayed fiber end. The 19 ceaentltious group consisting of U.S.6. and National Gypsum and Zonolite was just overwhelming. As individual 20 companies just unable to successfully compete against 21 99 xMc'Xm*** . 3Bex *4C7 ^NM0 e/vt 9H46 48 1 them. Hope wee that if ire were to join our marketing 2 forces, we eight -- eight be eore successful than as 3 individual companies. 4 0 Sir, let ee show you a docueent entitled 5 "Notice of Meeting," dated Deceeber 11, 1961, and ask if 6 you recall the circumstances leading up to that? 7 A X remember the details, but what's your 8 question? 9 Q Do you recall the meeting having taken place? 10 A The meeting took place and I do remember it 11 only because of its location. I've had few reasons to 12 be Newarker Restaurant in Newark Airport terminal and X 13 do recall it. X think that X recall that we had poor 14 attendance. 15 0 Sir, we just happen to have a memorandum of 16 the meeting here which is dated, undated, but it refers 17 to being held on December 11, 1961. 18 A Your question? 19 0 The question is is -- are these the minutes 20 of that meeting, sir? 21 A X don't recall what took place specifically 99 lAk'JCmmi famd * $6 fa* MC7 Shmnnm fad, <Mmydmd 9H46 49 1 back la 1961, but Z hava a ganaral racollaction of that 2 attanpt that fallad. 3 Q Now tha paopla in attandanea at this 4 particular aaatlng wara Bart Lavina of Aabaatoa Spray 5 Corporation, is that corraet? 6 A Ysah. 7 Q Hr. Lsvina was tha haad of tha company? 8 A Ha was tha ownar of Asbastos Spray. 9 Q Was ha a parson with whoa you'd workad on 10 pravious occasions? 11 A Whan you say workad, I think wa sold his 12 alnaral wool and ha was a custoaar of ours, but I don't 13 know that wa workad with his. Z'a saying now prior to 14 1961. 15 0 You nsvar aanufacturad products for tha 16 Asbastospray Corporation? 17 A Not to ay knowladga. 18 Q Nsvar blsndsd products for thsa? 19 A No, sir. Thay had thair own plant. 20 Q And Mr. Parr and Mr. Richardson? ' 21 A I don't raaaabar than. Tha nans Andy $$ <Mc %*M#ar SUmA ' SC 9k* #07 SmA, *Ma\y4an( tH46 50 1 Richardson's familiar, tout I don't racollact them or the 2 meeting or their participation in the meeting. The 3 minutes indicate they were there. 4 0 As representatives of P. B. Madison and 5 Company? 3 A Yeah. 7 Q What product did they -- 8 A Lipid. 9 Q Lipid? 10 A Right. 11 Q Mr. Conner and Dr. Lieff were there on toehalf 12 of Smith and Kanzler Corporation? 13 A Correct. 14 0 What product did they produce? 15 A They made Spraycraft. 16 Q And Mr. Brader Walls? 17 A Trade association lawyer from Cadwalader. 18 Q Was he a person that had toeen recommended to 19 you as a trade association lawyer? 20 A He's a person that I was acquainted with 21 because of my involvement with the spray mineral -- or $9 &omd ' 3km *07 & 9*40 (30*) 647'8300 51 I the Mineral wool Insulation Manufacturers Association. 2 0 Did he represent that organization, too? 3 A Yea. 4 0 Sir, you Mentioned that the serious effort to 5 organize took place in 1965? 6 A As I recall it, it was a fellow Ed Stevens 7 who played the leadership role in bringing that about. 8 Q Who's Ed Stevens? 9 A Ed Stevens was president of Baldwln-Ehret10 Hill Corporation. They wade a product call Pyrospray. 11 Q Was Pyrospray a competitor of yours? 12 A Absolutely. 13 0 So it was spray-on fireproofing? 14 A Yes. 15 Q Did it have otherapplications that were in 16 competition with you? 17 A In theraal insulation andacoustical 18 treatment, yes. 19 Q Let ne show you a letter dated October 20, 20 1965 from you to Mr. George Reycraft at Cadwalader. 21 A Cadwalader. 99 U&'Xmmv @Umd & f f t .< 52 1 Q Cadwalader. Is that ths attampt to organize 2 the association that you just referred to? 3 A Right. 4 0 The first seating was going to taka place on 5 October 25, 1965? 6 A Yes, sir. 7 Q What manufacturerswere going to be Involved? 8 A Asbestospray, Baldwin-Ehret-Hill, Spraycraft 9 and ourselves. 10 Q Sir, this letter here makes a reference to 11 the Spraycraft Division of Victor Racking Company. 12 A Well, what happened was thatSmith and 13 Kanzler sold out. Half of their company they sold to 14 Flintkote and the other half they sold to Victor 15 Packing. The spray end went to Victor Packing. 18 Q Did it remain that way to your knowledge? 17 A No, then it went to Dana Corporation, and 18 then it went somewhere else, and then Bert Levine ended 19 up picking it up. 20 0 At what point In time was Smith and Kanzler 21 sold to Victor Packing, do you recall? 99 -Mc-Km*f SW . && &<* *407 9H46 (J0*> 6*7-9*00 53 1 A Sometime prior to '65, but not such before 2 that, '63, '64. 3 Q Sir, let at show you a document titled "Spray 4 Mineral Fiber Manufacturers Association, Re: Meeting to 5 Discuss Organization." And ask if you can identify that 6 as the minutes of the first organizational meeting? 7 MR. SHEEHAN: Only might be up to the 8 20th, letter's dated -- Mo. 1. 9 (Whereupon, at this point in the 10 proceedings, the document was marked as Verhalen Exhibit 11 number 1.) 12 BY MR. SHEEHAN: 13 Q Are those the organizational meeting minutes? 14 A Well, there're a better record than ay memory 15 is and I presume them to be accurate. 0 Sir, the attendees at this meeting included a 16 Rudolph Toth? 17 A Toth. 18 0 Toth. Who is that, sir? 19 A Rudy Toth was a salesman for Smith and 20 Kanzler in New York metropolitan area. 21 99 d wtma &btd, twu\ *407 9H46 ^ 54 1 Q And A. E. Binger? 2 A Oh, Binger was kind of an office manager, 3 administrator fellow and the inside general sanager for 4 the spray business for Spraycraft. 5 Q And Mr. Boland? 6 A Z don't have any recollection of him except 7 that he again Rudy Toth's counterpart as salesman in the 8 New York metropolitan area. 9 0 And Mr. Stevens was the head of BaldwinEhret-Hill? 10 U A He was the president ofBaldwln-Ehret-Hlll. Q And Mr. Witticop? 12 A Witticop was kind of a general top guy in 13 sales and aarketing for all their products, all 14 geography. 15 0 Sir, as an outcoae of this aeetlng, you were 16 elected to the office of president of the Association? 17 A Yes. 18 MR. SHEEHAN: Can I have thac marked as 19 Number 2? 20 (Whereupon, at this point in the 21 99 &omd & 9mA, 9HH (.XH) 647-S30C 55 1 proceedings, the document wee marked as Verhalen Exhibit 2 number 2.) 3 BY MR. SHEEHAN: 4 0 Sir, I'm showing you a document dated January 5 IX, 1966. They are the "Minutes of the First Annual 6 Meeting of Members" of the Sprayed Mineral Fiber 7 Manufacturers Association. Excuse me, I think I'm 8 giving you the wrong copy. 9 A Question? 10 Q Yes, sir. Did you read the minutes of the 11 first annual' meeting? 12 A Nell, Z didn't sign them, but all the subjects 13 discussed are famlllax; and I presume it to be an 14 accurate record of that meeting. 15 0 Sir, would you please turn to page 3? 18 There's a reference of a communication in the form of an 17 advertisement from the Albi Manufacturing Company was 18 discussed, including certain fire retardant claims. Do 19 you recall what that was, sir? 20 A Not specifically. 21 0 Do you recall it to have anything to do with 9$ & {3(H) $47'o300 56 1 asbestos? 2 A No, If ay recollection Is right It was kind 3 of a derogatory sort of thing against the products that 4 this group represented. It was a knock against sprayed 5 fiber, as I recall, but I don't know the specifics of 6 it. 7 Q Was it a knock against sprayed fiber that 8 contained asbestos? 9 A No. No, it had nothing to do with asbestos. 10 It had to do with the durability or the hardness and 11 Albi was promoting a product called Durospray. It was 12 in that connotation, as I recall. 13 Q This technical coaalttee was also formed at 14 this first meeting, is that correct? 15 A That's what itsays. 16 Q And Mr. Stuapf was elected to its membership? 17 A Yes. 18 0 And Dr. Lief was naaed the chairman, is that 19 correct? 20 A I think so. 21 (Whereupon, at this point in the 99 U&J&mmw StemJ ' 36 Sim *407 Smmrna BbU, /MV) *H4S 57 1 proceedings, e short break was taken.) 2 MR. SHEEHAN: Can we aark the last 3 exhibit as Exhibit three? 4 (Whereupon, at this point in the 5 proceedings, the document was aarksd as Verhalen Exhibit 6 number 3.) 7 BY MR. SHEEHAN: 8 Q Mr. Verhalen, I'd like to show you a document 9 dated March 4 of 1966 froa H. L. Levine directed at the 10 membership of the S.M.F.M.A. Z ask you if you recall 11 receiving a copy of that, sir? 12 A I've recollections of the subject matter but 13 not specifically receiving this communication. 14 Q Do you recall whether this was the first 15 communication aaong the aeabership of the Sprayed 16 Mineral Fiber Manufacturers Association that related the 17 health hazards associated with exposure to asbestos? 18 A Well, I think it was because it followed the 19 press releases Immediately and included the newspaper 20 articles on it. In all probability was. 21 0 Sir, were you aware at this point in time at 99 . ( **C7 Wv> 58 1 Mr. Levine's personal physician was Or. Salikoff? 2 A Yes. 3 Q For how long have you know that, sir? 4 A Oh, I think Mr. Levine aade no sacrat of that 5 and his close relationship with Dr. Salikoff. I e probably knew it before then. Exactly when, I don't 7 know. 8 Q Did you have any prior conversations with Mr. 9 Levine about the discussions he had had with Dr. 10 Salikoff related to asbestos and health hazards? 11 A Hell, I do know that Mr. Levine has been in 12 the asbestos business aost of his adult life and because 13 of that acquaintanceship with Salikoff was probably more 14 sensitive than aost people to the subject. 15 0 Rad he ever had any discussions with you 16 about his conversations with Or. Salikoff that went back 17 to 1960? 18 A Not that I recall. 19 Q 1961? 20 A 1 don't think that was a subject at the -- at 21 that first meeting you had referenced to. I don't think 99 . SPtmtma &<* 4*C1 9M46 59 1 that was aven a subject of conversation in '61 and don't 2 know that avsn in *65 that it was considered an 3 important reason for the trade association cooperation. 4 It was more defense, as I said earlier, and a combined 5 marketing effort. So this probably is the first general 6 approach to that problem, perhaps being a basis for 7 cooperative support by all the members. 8 Q My question is much more directed at your 9 communications with Mr. Levine prior to the formation of 10 the Association that may have related to conversations 11 about asbestos and health hasards associated with 12 asbestos exposure 13 A I don't remember it being a significant 14 subject of conversation. It probably was a topic but 15 not -- not one of great import. Certainly didn't 16 represent a threat to our business. It certainly didn't 17 represent a threat or a hazard to our people. It wasn't 18 in that tone or context. 19 Q Did you know Mr. 8d Cox? 20 A Oh, yes. 21 0 Was he an associate of Mr. Levine's? 99 SUmd St &<* #07 UKnmW t#4$ <30t) 647'SJOC 60 1 A I think Cox was a -- was, in fact, a 2 stockholder in Levine's Asbestospray Corporation. 3 Q Did you know Mr. Cox? 4 A I had set his. 5 Q Do you know whan ha diad? 6 A 1 don't. 7 Q Wara you awara that ha was treated by Dr. 8 Salikoff? 9A 10 0 a Levina? Not specifically, no. Vara you sada awara of that through Mr. 12 A Don't think that subject aver cane up. 13 Q Do you recall the first tins you and Mr. 14 Levina discussed any conversations ha nay have had with 15 Dr. Salikoff relative to asbestos and health hazards? 16 A Following this publicity, there was industry 17 discussion on the subject. Whether there was any 18 discussion prior to that it was probably more of a 19 casual nature than anything else* 20 MR. SHEEHAN: Can we have that marked 21 as the next exhibit? $9 f4S 61 1 (Whereupon, at this point In tha 2 proceedings, the docuaent was aarked as Verbalen Exhibit 3 number 4.) 4 BY MR* SHEEHAN: 5 0 sir, the next docuaent is dated March 8, 6 1966, and is a letter froa you to Dr* Morris Lleff with 7 copies to aeabers of the Association* Can you identify 8 that, sir, as being yours? 9 A My letter and ay initials. 10 Q As a result of this letter, do you recall 11 whether or not a meeting was set up with Dr. Selikoff? 12 A Well, I don't know if it was a result of this 13 letter, but 1 know as a result of Bert Levine's efforts, 14 he was able to set it up with Dr. Selikoff. 15 0 Did you attend such a meeting? 16 A (Hi, Z've attended aore than one but whether I 17 was at the first one or not, Z don't recall. 18 MR. SHEEHAN: Have it narked. 19 (Whereupon, at this point in the 20 proceedings, the docuaent was aarked as Verhalen Exhibit 21 number 5.) $9 UfeJtSmM* &omd . 36 3k* #07 &+*m* tme (XH) 647-4300 62 1 BY MR. SHEEHAN: 2 Q The next lta here is dated March 9, 1966, 3 and it's to aeabers of ths technical committee, "Re: 4 SMFMA - Albi-Clad" froa J. B. Do you recognize that 5 letter, sir? 6 A Z don't recall the specific letter, but, as I 7 say, the subject aatter having to do with the durability 8 of sprayed fiber versus their Durospray product was a 9 kind of an on-going aarketlng contest. 10 Q Do you recall the principle discussion being 11 that Albi-Clad, quote, won't dust or flake like asbestos12 type fireproofing, end quote? 13 A I didn't reaeaber the exact wording. It 14 wasn't the asbestos they were targeting as a hazard. It 15 was the durability of Sprayed Mineral Fiber. 16 MR. SHEEHAN: Will you sark this next 17 exhibit? 18 (Whereupon, at this point in the 19 proceedings, the docuaent was aarked as Verhalen Exhibit 20 nuaber 6.) 21 BY MR. SHEEHAN: 99 ' SC &+1 *4V7 fMmwinJ 9H4S fr. .\ /ayi.- 63 1 0 Sir, the next letter Is dated March 11, 1966, 2 again to members of the technical committee, "Re: 3 Publicity on Study of Asbestos Oust" by J. B. I assume 4 that's John Boyer? 5 A I think so* 6 0 Do you recognize tills letter, sir? 7 A I don't remember this specific letter or the 8 specific suggestion that they meet with Dr. Cralley. 9 But, as 1 said earlier, about that time there was a lot' 10 of activity on the subject. 11 Q Sir, were you aware that this firm 12 represented other trade associations that Included 13 asbestos manufacturers? 14 A Yes. 15 Q Bad they ever Informed you on any previous 16 occasion that they'd been aware of Dr. Selikoff's 17 activities in this area because of their representation 18 of other such trade associations? 19 A Not that 1 recall specifically, no. 20 MR. SHEEHAN: Would you max* this as 21 the next exhibit? $9 v4r-A4MM)r (jOf) 647-83CO tH46 64 1 (Whereupon, et this point in the 2 proceedings, the document was marked as Verhalen Exhibit 3 number 7.) 4 BY MR. SHEEHAN: 5 Q Sir, the next document is dated March 15, 6 1966, and it's a notice of a meeting. It has your name 7 as president. I ask you if that's a document you're 8 familiar with? 9 A Typical form of notice of meeting. 10 Q The topics of discussion are Albi-Clad and a Asbestos Health Hasard? 12 A Well, the first one Is joint fire testing. 13 The second one's Albi-Clad. The third one's asbestos 14 health hazard. And fourth is such other business as may 15 come before the meeting. 16 0 At this point in time namely March 15, 1966, 17 warn the issue of asbestos health hazard an Important 18 issue for your Association? 19 A I don't think it was considered an 20 overwhelming problem and I think consciously-one would 21 have set the priorities in the order listed. Bert $$ xMcJi***** . & 9k* *07 & 9Uu(, iMaiy&md 2H4S /ansi o 9/vi 65 1 Levine probably more sensitive than any othar member to 2 It, and sparked tha Involvad of that subject on the 3 agenda. X don't think tha othar nanbars of tha 4 Association had tha same sansitivity. 5 MR. SHEEHAN: Can I hava that narked? 6 (Whereupon, at this point in the 7 proceedings, tha document was narked as Verhalen Exhibit 8 number 8.) 9 BY MR. SHEEHAN: 10 0 Sir, tha next document is a latter from 11 Morris Lieff as chairman of tha technical committee to 12 Albi-Clad Manufacturing Company dated March 28, 1966. 13 Is this a formal latter that was approved at tha 14 meeting on March 15, 19667 15 A The meeting date was the 25th. 16 0 March 25, excuse me. 17 A This letter is after the meeting so 18 undoubtedly it had the approval of the Association. 19 MR. SHEEHAN: Do you have that marked? 20 (Whereupon, at this point in the 21 proceedings,, the document was marked as Verhalen Exhibit 99 &Umd &<* 4407 ffipriwrr (*rt) 47. 94440 66 1 number 9.) 2 BY MR. SHEEHAN: 3 Q Sir, the next is a Xattar dated April 11, 4 1966, from K. L. Lavlna to certain designated members of 5 the Association. Attached with it la e copy of an 6 article entitled "Asbestos Exposure and Neoplasia," by 7 Irving J. Sellkoff and others. Do you recall having 8 received this, sir? Do you recall receiving this, sir? 9 A Not really, not specifically. 10 Q Do you recall reading Dr. Selikoff's article? 11 A No, because even today I don't know what 12 neoplasia is. 13 Q Have you ever seen that article before? 14 A I have no recollection of seeing before, I 15 may have, but I don't recall. 16 (Whereupon, at this point In the 17 proceedings, the document was marked as Verhalen Exhibit 18 number 10.) 19 BY MR. SHEEHAN: 20 Q This Is a letter dated May 10, 1966, from K. L. Levine to Mr. J. ?. Verhalen among others. Do you 21 $9 . SC 3k* *407 67 1 recall receiving that letter, Mr. Verhalen? 2 A The subject matter 1 recall well. This 3 specific letter I just don't happen to recall. 4 Q Sir, did you consider the dangers of 5 asbestosis a matter of, quote, unquote, grave concern? 6 MR. CLAQUE: To who? 7 A Where are you reading that? 8 BY MR. SHEEHAN: 9 Q In the first paragraph. 10 A I think the point that I made earlier is u relevant here. Bert Levine had a greater sensitivity 12 because of his connection with Dr. Sellkoff than the 13 other members of the Association. This letter clearly 14 is intended to heighten the awareness of the other 15 members. 18 Q Is this the first occasion you've been made 17 aware of any alleged danger of using fireproofing 18 material containing asbestos? 19 A Z don't believe there was then or is now a 20 hazard in the use of that product in that application if 21 it's correctly installed. SSJCc.Xm** &o~l , SC 3B* *>7 tH4S e+m 68 i Q Sir, would you road into tha racord the 2 second paragraph of that latter beginning with tha 3 sentence, "During the course"? 4 A "During the course of our conversations," 5 that Is, between Sellkoff and Leiff -- Levine, "It was 6 brought to ay attention that contact has been made with 7 Dr. Sellkoff by an architect in Canada, calling 8 attention to the fact that using sprayed fibre as a 9 fireproofing medium in return air plenums, subjects the 10 people occupying the building to asbestos dust, by 11 virtue of erroslon [sic] of that material during the use 12 of the plenum chamber. Z pointed out to Dr. Sellkoff 13 how erroneous this was, by virtue of the fact that the 14 filtering apparatus In the air conditioning system would 15 catch any dust, and furthermore, we treated the sprayed 16 materials to prevent this erroslon [sic] and dusting." 17 The publicity given to erosion and dusting 18 was a competitive, aggressive act on the part of the 19 dominant factor in the Industry. Zt was he, through his salesmanship and promotion, pointing out to- specifiers 20 the difference in hardness and durability between the 21 99 3C. Set 407 tfawm jtmf&mtt t**4 <MM\ *47*ASM 69 1 cementitious products and the sprayed fiber products. 2 HR. SHEEHAN: Would you mark this next 3 exhibit? 4 (Whereupon, at this point in the 5 proceedings, the document was marked as Verhalen Exhibit 6 number 11.) 7 BY MR. SHEEHAN: 8 Q Z want to show you a letter dated June 6, 9 1966, from you as Executive Vice President of U. S. 10 Mineral Products Company to Mr. John Boyer. That's the 11 letter. There's another letter to a Mr. Alton Evans, 12 Cleveland, Ohio, signed by John O'Rourke, U.S.M. Is 13 that your signature on the letter to Mr. Boyer? 14 A Those are my initials. That's my letter. 15 Q This letter concerns tradesmen who walked off 16 the Job while your product was being sprayed in 17 Cleveland? 18 A That's correct 19 0 And is accompanied by a letter from Mr. 20 O'Rourke to the project manager in Cleveland? 21 A Correct. $6 &* 407 p0mt**a Jkatyland SH40 1 70 I Q Did you review and approve that latter prior 2 to it being sent out? 3 A I don't think I specifically reviewed or 4 approved that letter. But I subscribe to the 5 representation made in the letter. 6 Q Sir, at this point in time, had the 7 Association conducted any dust tests of the application 8 of its products, an air sampling to determine 9 concentrations of dust and asbestos in the sir? 10 A Back in '66? No, I think it was sometime a later that those tests were conducted. 12 .Q Do you recall whether any discussion was had 13 at this point in time as to the need to conduct air 14 sampling to determine the concentration of dust created 15 during application of your and the other Association 16 member's products? 17 A Well, I'm sure that was one of the 18 suggestions discussed at the meeting, and I think it 19 resulted in a testing program a few months later. 0 Do you recall any other Instances* in 1966 20 where other trades refused to work on the sane floor 21 99 . 3M *407 9HH 71 1 where your products were being applied? 2 A Specifically, no, except that the publicity 3 given to this subject about that ties simply continued 4 to Increase. 5 MR. SHEEHAN: Do you have that marked? 6 (Whereupon, at this point In the 7 proceedings, the document was marked as Verhalen Exhibit 8 numbers 12a and 12b.) 9 MR. CLAGUE: You got a good place to 10 break or are you -- 11 MR. SHEEHAN: Yeah, let's do that. 12 (Whereupon, at 4:27 p.m. the 13 proceedings in the above-entitled matter were 14 adjourned.) 15 (Signature - not waived.) 16 (Filing - waived.) 17 (Exhibits - attached.) 18 19 20 21 99 'McJCm** Smtt ' SC Set HOJ Sterna 74 .1 CERTIFICATE OF NOTARY 2 I, John Oliver, the officer before whom the 3 foregoing deposition was taken, do hereby certify that 4 the witness whose testimony appears in the foregoing 5 deposition was duly sworn by me; that the testimony of 6 said witness was taken by me by magnetic tape and 7 thereafter reduced to typewriting by me or tinder my 8 direction; that said deposition is a true record of the 9 testimony given by said witness; that I am neither 10 counsel for, related to, nor employed by any of the 11 parties to the action in which this deposition was 12 taken; and, further, that I am not a relative or 13 employee of any attorney or counsel employed by the 14 parties hereto, nor financially or otherwise Interested 15 16 17 18 19 20 21 99 tXcad . 36 Sh* #C7 & 9H46 OzsSS. Nr. Oeorge l7eraft Cadvalader, Wickersham k Taft 14 Util Street lav York, low York October 20, 1965 Dear George * This will confirm our appointment to Boot with you aa a group of spray Blnoral flbor manufacturers on Monday after- ' noon, Ootobor 25th, at 4*30 p*m* at tho teglneers Club, 32 West 40th Straat, Hav Y^rk Civ* Tba manufacturers involved, la addition to our Company, are Aabaatoapraj Corporation, Baldvin-Shret-Hlll and Spraycraft Division of viator Packing Company. Tha purpose of thla Boating la to lap tba ground vork for tba formulation of a trad* association* It la auggaatad that you sight viafa to bo praparad with tha quaatlona vhlch re quire an anavar in order for tha drafting of tha neeeaaary corpor ate papers, constitution and by-lavs* We understand that your fee for all of tha formation docuMots and initial organisation will approximate $1,000 and that your retainer for tha first year in addition to tha above amount, will be $2,500* Me contemplate that during this first year, approxi mately six meetings will be held, all of them probably in Hav York or certainly nearby* laturally, such out-of-pocket expenses as you mould have for travel, ate*, in eonneetlon vith these meetings would be reimbursed* Me look forward to seeing you on Monday* Tory sincerely, U)rfT& &*TBS MIHSRAL PJtODOCTS COMPAHY V* c\* >TtrXMIVU) ExecUutive Ties President JPT/deo act Mrr** t** ta** S9,tevvtewnvs,, Prrrvessident Baldvin-Biret-Bili, Inc &Z3`i~ spray mznbuil wimk manuiactukkrs assocxatxcm Rei Meeting to Discuss Organisation Ob October 25# 1965 representatives of four spray mineral fiber manufacturers met at 32 Vest 4Oth Street# at the Sngineers Club at 4*30 PJl. to oonslder the steps to be taken to organize a new trade association of the industry and the kinds of activities which the proposed association might undertake to further the interests of the industry. In attendance were the followings Hams firm Messrs. James 3. Verhelen United States Mineral ftroducts Co Mudloph H. Toth Smith ft Kanzler Company *JB. Blnger Smith ft Kanzler Company Herbert L. Levina isbestospray Corporation John P. Colourks united States Mineral Products Co John J. Boland Baldwin-Khrct-Hill, Inc. B.H. Stevens Baldwla-Khret-Blll# Zno. J.H. Vittlcop Baldwin-Khret-Hlll, Zno. O.D. Heyoraft Cadwalader# Ulcksrshaa ft Taft J. Boyer Cadwalader# Wickeraham ft Taft Nr. ttrhalen was asked to chair the meeting and began the discussion with a reading of the minutes of a previous informe 1 11 ^n /*o mating of manufacturers held la 1961. Om chairman than reviewed certain of the objects that an association could achieve# as veil as sane of the problems faced by the Industry# Including the need for an Indiatry voice In the development of standards for spray mineral products by the Ooverment Services Administration# the PHA and others* Mr. fteycraft outlined the areas of panalsslbls activity that could be carried out by a trade association# as veil as the areas prohibited for discussion by competitors, Consideration vas given to the provisions desired for Inclusion in a constitution and by-laws relating to the name of the association# eligibility for membership# and assessment of dues* At approximately 6t00 F*X, Ir* Norris Lief, the technical director of Stalth & Canzler# Joined the meeting and outlined the progress with respect to product tcatlng being conducted under the procedures of A33K* On motions duly made and seconded the representatives present expressed their preference for the following designees for offleet im Mr* James 2* Verhalen Office President Mr. A. 2* Binger Mr. Herbert L. Levine *. J. 2* Vlttloop Ties President Treasurer Secretary -2 Alternates for each of the companies were also designated as follows* Uhlted States Mineral Products - Nr. O'Mourkaj faith * fancier Coopsnjr - fa>* Both; Aabestospray Corporation Nr. Millar; and Baldwin-faret-Bill, Xnc. - Nr* Boland* % lhe nazt meeting was sehadulad for Tuesday, December 7, 1965 at 10tOO A.M* at the offloas of Cadwaladar, Nickarahaa a Taft, 14 fall Street, Maw York, M* T* Couasal wara aslead to oireulats a proposad oartlfleata of Incorporation and a constitution and by-laws for oonmants and approval (attached hereto). J* B. November 3# 19^5 i I ' C?.3>l SPRAYED MIHERAL FIBER MAHUFACTORERS ASSOCIATION. IRC.__________ Minutes of First Annual Meeting of Members The first Annual Meeting of the members of the corporation was held at the Essex House* Hewark* Hew Jersey* on the 11th day of January* 1966 at 10:30 o'clock A.M. The following meabers were present: Member Represented By Asbestospray Corporation Baldwin-Biret-Hill* Inc. Smith A Kanzler Company United States Mineral Products Company Messrs. Levine 1 Vlttkop Toth Verhalen being a majority of the meabers and a quorum. Present by invitation were Messrs. Stumpf, Miller* Boland* Vilson and O'Rourke. There was also present John Boyer of Cadwalader* Vlckersham A Taft* counsel. Mr. Verhalen* President of the Corporation* acted as Chairman of the meeting and Mr. Wittkop, Secretary of the Corporation acted as Secretary of the meeting. The Chairman* after calling the roll* reviewed the actions taken by the Incorporators and Directors prior to the Annual Meeting and the minutes of the meetings of Incorporators and Directors theretofore distributed to the members. / After those present at the meeting had had an opportunity to examine the said minutes, upon motion duly made and seconded. It was unanimously RESOLVED, that the acts, proceedings, elec tions and appointments of the Incorporators, the Board of Directors, Officers and Agents of this Corporation since the first meeting of Incorpor ators held on December o# 1965, as set forth In the minutes of said meetings, submitted to this meeting, be and the same hereby are adopted, approred, ratified and confined. The Chairman then reported on the submission to the Board of Directors by mail vote of resolutions concern ing the election of members, the dues and manner of payment of dues of members and the budget of the corporation, which resolutions had been unanimously approved by the Board of Directors. The nail ballots of the Board of Directors were ordered filed with the minutes of the Corporation. The Chairman asked for discussion of any comuni cations received by the members. The meeting proceeded to consider an advertisement of the United States Insulation Company setting forth certain performance claims for its product as a fire retardent when sprayed on metal beams for building contraction* This cowunicatlon was referred to thetechnical Committee for consideration. The meeting then considered the question of offer ing to participate In the current revision of the lew York -2- City Building Cod# with rep#ct to sections dealing with the thicknesses of sprayed material for fire-proofing, acoustical sac other uses. A communication in the fora of an advertisement from the AIM Manufacturing Company was discussed, including the fire retardent performance claims contained in its promotional material. Other communications considered included the status of GSA specifications for sprayed mineral fiber, the develop ment of an ttoderwrlters Laboratory testing procedure for pro ducts of the industry, and the performance claims made by the manufacturer of Mono-Cote. Each of these matters was also re ferred to the Technical Committee. \ The then called for discussion of new busi ness. The co^osltlon end operation of the Technical Committee end the Promotion Coralttee of the corporation were considered. Ifeon notion duly made, seconded and unanimously carried, it was RESOLVSD, that the following nominees be, end they hereby ere, elected as representatives of their respective colonies to serve on the following committees of the corporation, to wit: Technical gawtittee Promotion camittee Messrs. Lieff Levine Stumpf Vileon Messrs. Boland Miller O'Bourke Toth 3 . The Chairman then stated that a By-Law amendment had been recommended by counsel to provide that Article V, Section 1 of the By-Laws state that the number of directors, within the limitations contained in the Certificate of Incor poration and the By-Laws be determined from time to time by resolution adopted by a majority vote of the entire Board of Directors. Upon motion duly made, seconded and unanimously carried, it was ABSOLVED, that Article V, Section 1 of the By-Laws be, and the same hereby is, amended so that the first sentence thereof shall read as follows: "She general management and control of the policies, activities, affairs, funds and property of the Association shall be vested in a Board of Directors which shall consist of not less than four and not more than nine parsone, * the exact number to be determined from time to time by resolution adopted by a majority vote of the entire Board of Directors.* the' Chairman then stated that it was in order to receive nominations for officers and directors of the corpora tion for the --year, each of such officers and directors to hold office subject to the By-Laws, until his successor is elected and shall qualify. The following persons were duly nominated, seconded and unanimously elected for the ensuing year to the offices set opposite their respective names, to wit: Officers James P. Verhalen - President A* E. Binger - Vice President Herbert L. Levine - Treasurer J. H* Wittkop - Secretary Directors James P. Verhalen - Director A* E. Binger - Director Herbert L. Levine - Director J. B. Vittkop - Director The meeting proceeded to a discussion of the pro posed letterhead of the corporation and the handling of com munications received at the office of the corporation* with the sense of the meeting being that it would be advisable for copies of all communications received or sent by the corpora tion to be submitted to all members of the corporation* as well as counsel. Upon motion duly made, seconded and unanimously carried* the meeting was then adjourned until 3:00 o'clock P.M. following the first meetings of the Technical and Promotion Committees. The Chairman reconvened the adjourned Annual Meeting at 3:00 o'clock P.M. and requested the Vice Chairmen of the Technical Committee* Mr. Wilson* and the Chairman of the Promo tion Ccorittee, Nr. Boland* to render their reports. Mr. Wilson outlined the projects considered and the V assignment* made at the first meeting of the Technical Committee, inn-hiding the investigation made by Messrs. Levine and O'Rourke of the action by the llew York City Engineering Department on the specifications of the 1350 Avenue of the Americas' project; New Tort Public Law 76) use of intumescant paint for fire raalatant ratine of structural steel; and the possibility of davaloping a taat procedure at Underwriters Laboratory* Mr* Boland reported on the recommendation* made by the Promotion Committee to inquire of architects, ateel manufacturer* and other* with respect to their interest in a film depicting the advantages of industry products in fire proofed steel construction and to seek Joint sponsorship of such a film* Mr* Boland reported further on plans for a letterhead of the Association and for a press release announcing its organization* The Chairman commended the conlttee members for the progress made at their first meetings and stressed the Jjportance of the Association developing specific project assignments and adhering to the schedule set for accomplish ing the wort assigned* There being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, the meeting adjourned at 4:10 o'clock PJC* APPROVED: Secretary or the keeting Chairman or tne Meeting ~ ~ 4 qbtf Stunt Mnmti Fun HANitcnmu Asstcunm, lac. SUITE 2200. U WALL STREET, NEW YOEK, N. Y. 10005 At*nr Ha, 19BB IumzaSnar-Bztt. Camparr Jb. Iu*r Bnaaa Surra 4 iaaaaaa Cmenumm Ai. Bnaxa Itarr B.S. Ezaaaaa Punier* CnPAUT Bm, Pktuu Staurr ff,S. SuMi Atircfi OtmoAUT Mu Bm taUUAAae CAUVAiAim, VzemtuAM 4Tarr A. 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Into* J. ftl*, KM limil todfud Mil kOff M IM IiTBKf (ft* itDMMMk ll JiftMTKt f M Dr. Mtoaff -r1*1-- Uuti* v.aM#<nw>4iadDit'*>ttUft*nUrtrclkMcrlgH>uMMraKtUMJVor*.kMpiimlmra-*warreUfwu*fmlirMUf2*(oTMys*tLfvMw"UM!u--cw?itMMf1lta1trf*sf*rtti*.a*!tat.UfTM`"uSt"ftriy"kJ<..'.tftf1Ato(tt*tftfeftotrot*tol*tfouofaaitM*rtMtto-aouudlncr*taN-o*nowo*rMrtutgK*ohmu(iMlrl(**atffdtMftlalwfymintldka!aufM*fttfdnlfettn^fojrtt*o*ciiifpd<tt--taao*wutait'ao*mKtaf*MMt*t>*f1fp!,j..*j.:. ..tftar nmnl *mu Utt aa>| ""to 1U-1-- rj vuattat* MU Uft* M Wli' Pr. ftOnff M ftM aaM *.r Mifftt .cieat* nadtoai ftM*;Mft#M U (ft* anr Moratory* tf7l** tora(rf*t* ml.ihMM*s.taqr M8 ft*{:t*on MrtM ft ttw>wr <ft*T ; >.ftyjmDkr. MUM own DMM?*MU Ur to.' V ufetuM wertun OMuwM u _ i^riudMi toatft rato___ . 3tm m tftr** Una* (ft* mi Mu rata tram amm to** Otftrr Wt i>r ftrtthur a*(M Uat 4aAci of apawn to M ia<; trrr* ** HwiKOd I* ____ vfw work difeetiy vttft (ft|* .Mrottou* 'Wft*lt*r M tOtf :::itrrtKL tto Mm ft* aas tnrttonw*oerknefcr*ftf*t< MDs Study Effects of Asbestos Dust Pagan at NmA SUM Ki|i taXSaflUae tom annually Ittol today an u toftantoy now. Wtfra an f*ta( a am t> Ond ext wftgftg rft* dug (ft* raauito at Uton mdl ISM.* nan to k fturtag th* net ad to Tto *lv t .' ,> ASBESTOSPRAY corporation itdRCH 7TH, 1966 1060 9ROAD STREET NEWARK, NEW JERSEY 07102 (201) 662*4230 U.S. XlNSRAL PRODUCTS COMPANY Stanhope, JY.J. ft Att: fa. Verbals# Dear Jin: Your lztter or Hatch 3rd to fa. Colton or J.8. International crossed in the hail with a letter THAT I HA VS SENT TO MEMBERS OF THS TECHNICAL GQ'iniTTZS, ALONG WITH A COPT TO T0V, CONCERNING THIS PARTICULAR HATTER. As I HAD HENTZONSD, I CAN HAVE IHHEDIATS ENTREE TO DOCTOR SSLIKOFT AND THINK THAT SOHTTHING SHOULD BE DONE TEST QUICKLY TO CONS UP WITH SOME EQUITABLE SITUATION, BEFORE WE ARE SERIOUSLY HURT BY VIRTUE' OF THESE STATEMENTS. Pleats let me know what you want me to do furtrtr CONCERNING THIS. ITH KINDEST REGARDS. Very truly yours. Viv* XIL/rb 8.1. Lenme 0/t FailSpuid Miniiai Mamiactuiiis Amum Inc. sum 2200. 14 WALL STEBBT, NEW YOEK, N. Y. 1000) CAOWALAOa WTOCBSHAM 4 TAf. m wail stmt. ** yom. n. t. woo* <9rso4> Members of tbs Tschnicsl Ccwt Set SMTKA - 4n eooy of tbs Albl-Clad things, "won't dust or s lottos {losing o wfcleh elAine, Sun * booms# too brood Albl-Clod would like circun Association night ts such os this or# fAlss or deceptive la oil elreuootoDoos (or boeouso floko if eppllod or oatpossd la setsrsl pooslblo approochst tbs CM relstiwsly laaoeuous egproscb Is to boro tho Association writs a lottor on boholf of tM mMoss to tbs Albl-OM Iti# toting exception to thslr stotSMBt About osbostos tops fireproofing. Seocnd weald be a eenplslnt to tbs Psdsrsl Trsdc CoMlssion# ftlrd would bo a fossibillty of UtigAtien bar cm or more of tbs oHiirs Against AIM-ClArt, lbs AssocIaaIoa itself would look standing to litlMts tbs otter* sines tbs dings thrsstsuAd bp nUrepresentstien is to tbs aMbsrs rotbsr tboa tbs Association* tbs dsirlslon i to which of these tbrss Avonus# tbs Assoelatlsn night wish to consider is probably lamortsat enough tbnt it should be discussed at a nesting of tbs Sosrd of bArsetovs* CAOWMAOa. WKOUHAM TAFi m wau sam. mw ran h. t. mm 9, 1966 Zb tt flnt lantoaM, 1* aoold irtwimily to telafttl tot tootalaai Covlttaa to trrl at a jafttotot aa to & taafrdaal aaaaraay of to eta t imtmm itt tepUte* ttaa tot aatoetoa-tm teat aoi fUte voter aU aoadltoaaa, and tfeat tios im-eud viu not toot ar flato. to alao not* toot too Clad too toan "Aooaptod tgr all it la Thn--mitt to to^ar Alkft-eiad aao not to la a aato, aa toUato ttot of to Baud of Dtroctoro to AflMtlitiM or ana or of Am-Oftd ta*t it mab a otter tantnlntl attrlte atataa ttet Ate- ateold te fl'vao at a tafrlna aattoa ao tetolf of tea tatetea fteoal terte te tea adortteoat, va atoll of with you at yoiff to dlaouaa thla oittv /totter site CAOWAUDa WKXBSHAM S . .T w wmx, snm. mw tok. h, r. rm Hwbers of tha Technical Coosilt So: Publi of Asbestos Dust Qentlessn: 49 have reviewed fs letter dated Karob 4, 1966 to the Teehnle sttsehlns news reports of the studies being oondudletf by Or. Sell-off sod his associates on the enrlrocBMtslilMSlt) dhpeota of asbestos dust. ** are sen or w pubUelty given Or. Sellkoff* eetlvltles In thlA&eld^erot^h our representation of other associations. tbls^publfelty is olearly s setter of eonssni to ell firs* sarfeatlag asbestos produets. Considerable effort is being devoted by Mahers of the aebestos industry and thalr aaaoelatlona to an appropriate and responsible approach to tush pubUslty. be else understand that research la being oonduoted In thla field by the United states PubUe Health Serrlce, by state health offlelala and by private fins in an affort to develop sufficient data on whlsh to base eonolusiona as to the effects of asbestos dust and the safeguards that say bo needed to protect workers and othors owing in contact with asbestos produsts. /} A4~' CAOWALAOOt, WKSBSHAM 4 i -T u wau STtor. ww rom. * t. ms whiro of tte technical Ccmittec r Nmh 11, 1966 Uanrrtlngly, wo would iiiggoet that it M7 bo advis able for tte technical Ccmlttaa/befare ocosldarlag a dlroot approach to flr atllkoff, to asscablc com background lafam tloa oa tte otter work being dona la thla area, la particular* It acy bo helpful for tte eonlttcc to bare tte views of 8r* Lewis 9. Cralley of tte Uhltod States Public Soalth Scrvlco ate la particularly sell Infaraod and objective with rospoet to tte alleged health haaards of aabostos mat* Ho would bo Clad *' arraaao for fir* Crallcy to aoot with tte frontttoo if you bollore that would bo helphil. \\ itfo atell of oourao bo glad further with you at your convenience ttCT jyio A. . Spkaid Mdieiai Fiber Manufactuios Association, Inc. SUITS 2200, 14 WALL ST1BET, NSW YOEK, N. Y. 10009 J.ILVIRKOr. 4HB. m*+i$, i566 IQtlCl o r 111T i Q i Mating of tbo ToohMeol GoMdttoo vill bo bold ot tbo oftloo of Catalodor, Mekorohoa 4 Toft, lk bbll Stroot, 9m York City, on Friday, Mrcb 25# 1566 ot 1*30 y*a, foil--log Mcb tboro Mil bo o Qraorol iaooeUtloB OMtlng ot 3*30 pi Bio following sabjoeto will bo oowrod ot tfalo aootlagt o) Mat Tiro loot b) AIM-Clod o) Aabootoi Boolth Btsord 4) 8Mb othor booiatoo oo aoy ooao boforo tbo aMtlag Moooo oako o?igy offort to ottoad. SOobaiool OM&ttoo sr. amTBSli cboinoa . i miM ft. f. a. SM Mroctoro WTk. 1. BUgor 1ft. J. I. Mttkoy 1ft. I. L. Xoviao WUH r* TMMWl| ffcOOidOBt <0/&?3 S Mmmi Fimtuid Maotmotuu kmmm, be. sum 2200, U WALL STEEET, NEW YOEK, N. Y. 10005 J. 8. Wtmaf. feowrui M*.li IImi im.Im. ULtXVlNI.TUAJVUi March 28* 1966 Albi-Clad Manufacturing <3ci^any* Inc. 98 Sast Main Street Rockville* Connecticut Dear 61rs: It has cone to the attention of the members of the Sprayed Mineral Fiber Manufacturers Association* Inc. that you have stated In your advertising copy that Albi-Clad *won't dust or flake like asbestos-type fire* proofing.* As you may know* it Is an unfair trade practice to publish statements that are misleading or deceptive* in whole or in part* In disparaging competing products. Such practices are actionable In the courts. In addition* the Federal Trade Ccnslsslon has Jurisdiction to Issue a cease and desist order against unfair trade practices* Vs ask that you send us promptly your assurance that you will remove phrases such as the one Quoted above from all promotion materials. . Further* we note your claim that Albl-Clad has been "Accepted by all Leading Building Cedes"* and we request that you substantiate this claim by providing us with a Hat of the building codes referred to In your Sincerely yours* Morris Ueff f Chairman* Technical Committee Sprayed Mineral Fiber Manufacturers Association* lac. 0/6o Apan lit*, 1999 iuivn-Ar>fn( Compamt . 9a. Etaar Iftaaaa Sattw A tunn Catmint* A. 8. Lxatt _ 0.5. Biamt Paaaaeta A. /. Sttatt O.S. Btann Product* ' A. fnuan CAOwmon, VxcanaaAa A tier A. Am IfT Startert Data cttcntxtt Aataett* txpana y Onnnaai At m iaat attrite tt rtt S.B.P.B.A. TteatitAt Cttaxrttt, I Atatan tat aaapeaaxanxtr at tmrxaa r* aat tarn Da. Santera iu at raa raatxaxaa tita catenaxaa axa tartarxAtxaaa tata Attaataa axtaavaa arc. Mia attic* tit taemitat ta aata a* m at raa xtaaa ttit entrant un AtAtuna, tevtm, I cat* aat rat ateaxtaa rata. I tta taeite xa at* at at tnn aaaaraxaa r*At a* ntriaeatr Art ax, vaxea xa ttnaa ",Aaantaa tataana tat MaatuatA I am anaaxra aaentire, tea ran ceaatanAtxaa, a ranae-nt caer at taxt aatant. Aa aaaa a* iitmiut xaraaiutioa xa xa *A*a, m Ataxrxaan aatnxara am* attaint at aa, I ant mac* taaa ATAitutha ta Aik raa antna at raa Caamxtrat, ta an Patataaat, Ata ta Ceeaaat. Trmr nnr rant, SPRATID HIMBUZ PIMM URS. ASSM. MU/aa 9.1. latxaa Asbestos Exposure and Neoplasia Befog MM, M CW* *>. and t Cnylm WmmmmO. Me. New Tar* - - .* . Of ttt ha trade hefere midMN Htt. forty**** died af Three ef was Un mi iirHwil i^hrHi m. Paw mr ------is a tettl ef 2SS Mi ti m Mcwlnly high iiHMi far mA i mt tiii. ta iJfhiii. m imi* penucdly larfp number W eww M of sr ef tfc* lowerti. raloa. or rmrnrn (2t i smyirf idi f.4 n|ortH. I Hher can* rcn wm m lacrvawf: 2-5 wrie rtpritrd. 21 mwwf, TWw fM of iMuk Although pulmonary carcinoma had them nhwrved m the erlint studies of ashes* trail. mioctathat httwe*n the two conditions was Cnt wffiMff by Lynch and Smith m 1915.' Ad* dWoml reports of well association fodooid. Per* haps the must striking dot* was presmted in the inoiial report nf the Chief Inspector of Factor** of Great Britain far I9S9-* Eveiy death wth as* heMtaris in the tin of die Factory Department, from the fcst imoptittan of ashes*** as a disease antity. was staded Altogether 309 such deaths ware lecorded (1924*11851. Sixtv4ve or 17J% were found Id h sccrraprafrd by cancer of the lung or pleura Dal.* aftar mMf the problem and add* tag 4am d tas atm. concluded that tang caneer wm a madia tadntahal htreed of heavily npoaad ae of the various types af a^aetae (a Ira hdd totraam ta world utihration of thta poop af enormia, Irani .100.000 Inns ta 19HKM tana par yrar ta the tan 30 yean), as trail a pratK in* crarard number and variety of aidiirtrtal appkca* tieas af ashrstus (over 3.0U0 wdi uses euw ra* cnrdrril Snsai suspicion has been trusting that malignancy associated with asheitia etpiaure mav terfcnlr nenplsimi other than csrrinoma of the ham. Tims. a significant relationship has been ciainual latwcep diffuse tiasuahelmaia uf the pirira and peritoneum and ashertus espraure." Thb conammcatH is concerned sritb invrati* ptrsa undertaken to study Ihr (nfluwtng factors: ill the itK-ideniv <t deaths due to pulmonary car* ttarana among a group of workers aapoaed to ashestin under l etted State* indtntrial cuuditinm in the past several decades. (2) whether or not such individuals wottkl aho ha found in base an Incteaied risk of other nenphana. and (3) srhethcr rach rhks would ha prriant at an toebaoy otiwv than the rahartcn nenrinrtag or setartni ptrehirfi todmtrtes. wffh sradch mast, reports in the put have been concerned bnt which wanid not arc* beaten esparure^ this ttat.'pSdmil waa hoped timt r^tsawdwvy oasf a^ansu isnssdmrs^aewsanv wwsistsha us^Btrannaiwun eaMiaarrvarar^anaw of limited orient and interafts smifcl that rarae Ight an the pun ntial pralih-- --minted with il esposure to ^Assmesr? w-*-- **"' nfaert AS of etrtopey VW KVCIQpnQBI nSrf HV1 CQMV1M win \m msrahm of ri Aabestra Waken Union ta the New Ynk mitropolRan arm. nenhn of New Toth Local It and Newark, NJ. Local 31 of the lumarirmaf Amoctotion af Hint and Ftart brat* htan rad Ashertus Workers. As the hit tide tar* ptra, them men are taentrtfan workers. Akhough the anion k coraidered one of the bu0dtag*tradn mtaan. Ra mwnbm da tasuhtion work to a va riety af indrawn, tadudfeg ddphrtliftag Catted ` ta Grant Britain, they an often derif* art* `to corarara- ^raalrton.- or of tfa aldert ta At S>'* - gi -- a* mk I-- made tofapMof--n pretfantrefy soft- v ' obi far Ai iMy /fa tw rfrti rf -- ' m* to ashatoa )Mta to poorly paid Dm to mb Mar tow-- am by too ---.'wfato has aha Of toaaa 802 men, SB hod ha-- topsoad to an wftb halto retofa-- to tor bastos dnst prior to 1921 la etoor werto. m of Jan Tho trade w--haftp hit dwtoy too ^ 1.19(1 90 yam or k--re had toapaod store three tow mao had to dap eat lad vory i 339 own wrre 8-- rrpmsrf The renuJaiog 293 oddad Mg fe 19KT*. Bp toe end to IMS toe uafan rtob reotisted aato)p of a-- with marirt man ranchad too 90 yam dura fast siposure point at sos-- time after j-- 1190. and b--ire the end mbie tipariw, ptoa a fare who joined to 1940. of 1981 The 339 own who ware first exposed prior 1941. aedWt Betwere 1949 and 1962 --i to 1924 wore counted to eech to tot 20 yean (or --ibarAtp tocnaaad sabstaatiaDy. op to the baa of death to those who died). Thr Sown of D-L-Fram uaaoo records, a ft* was 293 who were first i ipaswf la 1921 or later were prepared of ovary fartMrtnil who waa a member counted only after tory ranched thr toy-- tinea of rid-- of the aattopeltoto beak or Dec 31 Irst'exposure point (three who died being dropped 1941 or who jateed briweta that date tod Dec 31. al tor bar of death). When too statistics ware Ml No are wre a--ttod. whatever his rebse- completed, wo found (hot we had records covering qmat work Itotory. The 1942 tot included 632 a total of 1737-5 man*yean to ospariaooa of am meo: 890 awo joined after 1942. with a history of 20 yran or longer rise* first Finnosl data ware obtained from union record! expontre to asbestos dust 'S.s and the wash history of endi awn was detailed Of too 1737.5 man-yuan. 19129 were ia the five* metunag ware-- non awpuyaew (we m* year period 1943-1947; 2(710 ware to toe period vice, other --pfapaaoft. retirement. Uteres). There 19411962 23315 were in the period 1953-1957; data gave the baseline far rekuhtior of the onset --d 2011.0 were in toe period 1968-1982 Tabfa 1 and mirati-- of mpoaam. For mrmhan who hod dad re--to of the Hoshh and WoKno F--d providrd data tod ptere of date. Copies of death uad-- wtsn obtained on al but one to (bom. shows the age distribution of the mso-yren in and of there five year pariads Table 2 shows (1) the average agr-spedie death rates of afl US white mslet during each of there prrtoto. and (2) Autopap protocols. biriofagfcal rptrrm--. and hot* pitas recorre wane so--r ano nrem n sen deaths, ippreetentrlp ana half, to which the ter* ntoal Uban had oectosad to a hospital. flrtsfcd Isdbsh faiton studios have sug* reatod that aoaplwto sssactotod with asheetoris sel tho average age-specific (hath rotes from ream to tha hag, pleura, msrhsitinire, and trachea among US w hite males during each period, as reported by too US Noli--al Oton to Vital Statfatfo. Tho man years were tore aahipliod bp the cor responding reported US dreth rotas to ascertaio dom occurs toil 9 po-- afasr Irst exposure to a* too expected number to dmths under the wdl betooo drat. Thsss--n no decided to Unto thr hypothesis that the death re-- to ashastoa woefcen pretoto aaafcrii to am with such an exposure history. Our a--fate rereads cover al memben of too --i--flh--dteg estiva and retired nan do not diisr from death --a to afl US white (both age and date being tab-- into conrid l The raauks m ream irtarrt te Tabfa X bars, hath dtod tod tM durtag toe to-- period tontoUH tenughDoc 31 1981 However. w-- faw iweatinre. the only own with Tosto Ooaitot.-Durteg the fast five years (IWV y* htotorp of 29 porn hogsr to-- ft-- eopreura 1947) only ft deaths oocacsof among the ashestm^ to ashastoa unre the 08 am on too unioo reQs os woHraw. wharf 36.7 deaths would have *vurrd of Jan i Ml (The recaptions ware a few wen hod their age ineriflr dooto ratea hero the w who joteed too untoo tolar lan 1. 1913, but who aa for afl US widte aalae dartag thoao yean tTe- hod bean --pin) art previously as asbestm worfcors bio 3b hi otocr words, at too tiait to too study, tosowhare^ Of tore 02 --o,05 toed before j too asbestos worl-s Ited below ovwaga dreth 1.190. Tito la bp no aaans sarpriring Indeed, such -.Iff M Ji: .-*4> i vii mrtaooowiu* rr al k almost ahttvi found te An Int few yn of a prmpectfve epidemiological study of this type. The explanation is jlmost certainly as follows: The 613 - man fa this analysis was actierfv employed as as* halos workers ia 1941 Siooa disability from or othar causes predodas employment in a trade of this typo, these man wnr* presumably welt (or at leak not disabled) at the start of the study peiloi Ahnnst any group so srlecttd as to rstlude the ill and disabled has a Were* death rate during tha ensuing few yean than don the general pnpn* latfon. since ill and disabled persons base extreme* 1f high death rates. A selective effect of this type gradually wean off with time and largely disap* peas within five to ten yean host the time of in* trial Ihiriag the second Ivwyear periud tl948>rdS2i tha dead rare of tha aibatur worker* was slight* 1y highar than the death rate of all US w hite males, ia. 94 obaerved deaths compared with 90J ex* peeled deaths. In later perioda.th* death rate of the asbestos workers was proportionately higher. For the period 196^1967, there were 65 observed deaths compand with 96.6 mpecteil deaths, and for the period 1966*1961 Own were SB obamed deaths compared with only 94.4 expected dcatln. Table A3m.--oOngbi<w6v2edAaatnwdiMbaWsmetMmHt utompsa--usofaPeotOs ToW. toe aua am JU tea saa *4 4 Ml u if a M a u u IM 1 as s 11 IS 4# U t 10 14 * 7M n &a u tl U so a a 7 *t u 41 4 U as a1 1u m mm *> sm mm Cancer of the Lung. Ftawe. and TmeAes.-U each of the four five year periods, for more deaths from cancer of the King and pleura occurred among the asbestos awfcan than would have oc curred had their death rates from these diseases been the same for aO US white males (Table 11. Altogether 4$ of Hie 632 arbutus workers died of cancer of these sites, whereas only M such deaths would be expected from general US experience. Of these 45 deaths. 42 were recorded as due to bronchogenic carcinoma and 3 to neoplasms of the pleura. Hie pleural neoplasms were sO recorded as mesutheliomaS' Thus it was found that tha death rate from can* car of the bronchus and pleura was 64 ttmr* as high among these asbestos workers as ia tha gen* era! US w&tt male population (both age and date being taken into comids ration). It any be asked whether the high rate of lung cancer among these asbestos workers could pos* ribty be attributed to an unusually large proportion id cigarette anokm among than. We cannot an swer this question directly, since we have not yet heea able tu ascertain tbs annlring habits of the mra wlm died. However. Hie foOmring pieces of evldencr indicate that unusual smoking habits can not account for the high death rata from lung can cer among these workers: ^ __ We have interviewed 320 of tha 377 surviving members of the 1942 group Table 4 gives a sum mary of the nanking habits ia this group compered with e sample of men drawn from tha general population of 1.121 countfos is 0 states.* Ttw un ion sample Is somewhat inadequate dace it doa not mrkirir the men who dfod and dots not ta- cfode afi of the present (Mag membm of tbr union Sevsrthslua. it shows that a substantial propnrtiuo of asbestos workers never nnnked ciga rettes regularly. Certainly the 632 non in our sash rig of death rate* were not afl heavy cigarette smokers. la tha ffrioral male papulation, hiag-cencrv death rales sre about ten dmm as high among dpntts anokers as among ooeanokers; and tb* - ..... wnum IT AL Vk' ' &P--- '&f-T1 --.-iSt--.- -ML m'* - no ,.. -- -8-----=T-i*--- by Ird to o of off to do tM ten km i of conorof tot *10 tag. Iron dm to te too oqyod study m note** * my bo tt- 43 (173*1 dSmwto ton if off m mokte o pock or mar* of otapaod moo too oom of dtodof dq^ (I* f off too onmrnnksw. dpr to thotoof orploun. te mote* Old Kfto ten** "* Tbnt dm do an c*o tbo Toddies to coom mod. bon boovy tornado antes) too (to mold bo oppmstontoly to too tec to aobomoto* Thoy rtono lotoop* die crowtokn to on tovootifodn: to o po* to 3.4 ten n bifb tt kn ton te. men wfto oaly totostedsn ntwo to notteb fnm tok wo my cootoodo te mo ff off on mtfatotof bmdod monk (tea Ift n *) to wastes bid nokod o pock or mam of o doy (sod, todnd. bm our mmgk wo vory tony, to oidtontotteto tooy did to* nd tf to won of oo tetocoon dm took tef dooto ito would bon bon about 3.4 d btoldtac onstraodn to itlm to too ftoottvoiy US too )te to too mo to too fmnl US mlo too sbomr work wok to too dm Qsorfy. dto nab* fcbta of too uatona, to n on f'.S water cnnt meant In too fm atom daoto mto was II dms as thoignhtbastotrobnnco*f to ptorndol ukototeif itolo ten te tel moo wiosrfnnuB to o wtoto mloo to too anani popotott risk would tfto toteatetoe to otoor totoaotrirs, aock m too Jactny dnto nto fan cdkeor of tW to nbootoo products* too osbotoos tods ole. wboro snrtfdon to mgbymat Bigkt bo On tonlb do an oomodht too otoor OudlB *; tooy no antoy toodo te jdto* Com of toffCMai^SHn- Ifco conbtaod dooto odor ton tef nd !). iiinipdffdto wttottS U 433 wttb of too Into an tom. Dtfuso Hmto Bid Memmi ffdtey yontototom--Durw skc tot toridnas to diffuoo plontl mUMem Is nwnplrotod by too tooremffy of * frmloclrsl mUcadn. WMr am potholnto* wdl so cmcforfeo o topb propordn to dtfuaa ptenl tamo* to too oporteco to otoors Mill my ran tnaor nd my bo oto kite by BMploBto pniphml cectea to too tef md dtfooo ftranooBo to too pirn. It to dtftek to ovoteto nnnplilily too pubfcbod n* ports to ddteo ptonol mntoolkno to to too abmaeo to campion dstaffs to oock To too pwn (ton tom te bon dn nmondag too tofidnro to Mat ptonal to nkBlsds. torn too puNkM rtod wttkon tenoaco to totol po^ ulodn to wbtek tooy oom. Nwtbwte. too .4-' V AV\V * ' ASfiESTOt rr al MIM. Apd a. IMS . r- ^ pvmtq aamber to reports to ndiridtial nM . suggnts tbit this* Imoo me perhaps bevuming _ ichnwif hvfMl MoNn at w- - puittfO. Our IIImr allnm to thfc urtot wmihrk xug- - fnhve. I> three of the S deaths among the rm . who hod worked tor IQ ymn or mgr. the exam* Mrtg pethnlagtri canridrred the death due to dtf* tow pleural muothehnn. tad to the two case* to which we have hem able to rotor the hivtnhigical Material, the hiatoloftcal appearance was that of ten m cntegorticd. and nKrtoja hodbx were pres* ant. Tito toridmcr of mow than r nf deaths tom plana) ncaotheliomi is strikingly high for a tumor which is frnerafiy tunridrral to he extreme ly rare. In ana caw to mg series patbdngicaJ m- aminattan suggested diffuse peritoneal mrsothelt- oma. This single experience is ton fragmentary for evaluation. (totwwititoiid CareUtnmm - |<nUtl mtnm rf gastrointestinal carcinoma to the prevm-e >4 as- hestuus have hem known, hut there hate been nu data m todirate that these were mure titan mwi* dental Indinn. Among the ashram wxgkcn studied here, cancer of the stomach. e*lo. and rectum ww three tones w frequent as expected. Time data suggest that there may (terhaps be an etiological relationship between industrial asbestos exposure and carciauma of the gastrointestinal tract. Entirtmmentd AsheMoe Eipowo-.-The recent demonstration, by South African 4 and British * in* vestijptnrs of pleural and perittmeal neoplasms among todtriduali who had chance environmental exposure to asbestos many years before raises the very important question of possible widespread carcinogenic m poBtrtion. The possibility id an* v(momenta] exposure has long bem known. Siam after the initial darifiention id asbiMmri as a clinic entity. Iladduw " demonstrated asbextns bodies in a man not employed to the industry but living next door to an asbestos factory. Tito lading was lator ntomeed in the finding of chrcnk bexyQhim din tor amng residents <d a cammanity near a bervt* lua lactory.1' What is new, hawever, is an appro* csatiiw id the potential mtsat id the problem. Tkwmwi ami associates " have reported the fre quent findings <d asbestos kola to the lungs of * orhen dwellers. Among C313 individuals x-rayed to an area abut an asbmtos Mine to Finland. KiriJunto11 found Wfi cases of pleural calcification of the type characteristically sam among aabaatoa vwkm. witUtut obvious caoae. to a cumparahlt arm without any asbestos mtoc. no caws were found among T.101 persons stayed. It shnuld be noted that them were not people who worked to the mme none did--but rather, were farmers, housewives, and others who fived to the general location, to uni* subject who came to autopsy. putariarxMigltt mktnacopy demonstrated asbestos fiberv in the lung. Similarly, the lung of a cow gnutog near tin* mine also showed the presence of asbrstuh. A particular variety of environmental evpmure may he of even greater ixmccrn. Asbestos e\|*ore to industry will mg he limited to the particular craft that utilizes the material The Inuring fieri do not respect job classifications. Thus, fw ex ample. insulation workers undoubtedly share ttonr exposure with their workmates in tgher trades; intimate contact with asbestos is possible fig elec tricians. plumbers, sheet-metal workers, steamfit ters, labgen, carpenters, bailer makers, and fore men: perhaps even tiie supervising architect slmuld he induded. 1 E Ionto St. N#w York 10M (Dr. SdftdF). This nude vat upp>*ted fay it Haalth hmnk (aw* dl of the Cgy of New YoHt. <4m rariag <a tha wwertlmtim the esecutrie *4km g the iMemaiuaal AaoWsi d Heal aad Free lawlne mI Adwvfcv Worked Wuhiagtna, DC ew) tha dm md newb'idap of rtv New Twk md Newark. SJ. lords d this I'm*. 1. Lpath. Pt, wd SMh. WjL fstossiry ArfcmiM: Can-Voaa of Laag ta AtoSatiMi, Amtr / Ctmewr UiSOM (Mm> IM 1 Aaaasl firm* to Ohf faspwaw f Factories tor Teat* IMS. I aha Hw IM't Hatharr, Ofike. IM. ixwd a. a Ml X Dafi, to: Mwtatoy Prim Laag C<mi ia Athenw Weaken, fir* / tm*m Med 114141. IM 4. fiddia, H.. mi Jacah. C; Km Cetohuputott ator dea laani'kfiki tor AdutatbAa, Oritak Med K'dfa Ii3l4:n (Ph 11) IM 5. finaa, tXC. mi Tim, TA: EpakmaJnakal Stody af Laaa Caace* ia Atotrim ton AMA Arc* iatoto IMt* I7MU4B9 M tM A Weave. }.C; Arm CA; md totivl f DUbw Heard Miaihisas mi Atb'tfni Etyiwr m North Wedwa Opa Haitoo, fir* / hriato Med 1740471. 7. Ht--nad, EC. mi Garfitod. L: Smdfcg Hafa* af Mea sad Wnm / MW Ckv hm 17*41*443 (Aag) 1SS1. I Ifiwseisil K.C. md Hma. a: Stektog end Death Bain: fiapeet oa Faety^aur Moadv f Fdbw-ap ai VC.7t3 Mea. L Tard Mwxdfty; a Omlh fin by Ci. /AMA ItotllSkllTS (Marc* to UN>1 (Mm* IS) !M . McCaudvy. W.T.E.; Wade. 04^ md Eton. P C: Ftpcwwa ta Atoenaa Dan aad Odme Hmrd Meaahdia. naa, Br# Med / SilWT (Nee M) IM tfiL Haddov. A C. m depart d Aaaml Maerim d firithh Madkal Avuciartm, MiarkiUrr. IM. Uarrt ttiW4St (Aeg 3) IM. 11. Omni. C: GfaraaSc Hdnamry Grawifcmremr a Rrtfeas id GoemaeMy Nam ht)nm Plmt: Tfaeae' Aulapiint Caras. Aim Inara Mad Sfc!M-!04S <^ar) IM II Thmmm. J.C.. fin hah. IOC; aad MmOaiwM. H: Adbaalua a Midera Vffaaa Haiard, S Aft Med i 37*7741 Urn IS) IM. U firims fi-: Pliard CalctonHm aa Heatssradnglc Stoi 4 NewOompatfmd Bndmit AetbiphjHti A*b Md* Asm MoAd Sappl IM. pp 147, IM . * ::eSrf' Sfuiu Mmiai ton tomucmns issccum be. SUITE 22001 14 WALL STREET, HEW YORK, N. Y. 10005 X 9. TWUUN. Pummn OMIaillMMnCHm ifcr iOnr, 1966 tm.X M. WirrEOf. SKttTtfT >*ii Ka. h.Lirwi.niMn Mr. J.P. Verbals* U.S. Mineral Products Mr. Harold Mzttkop Baldwzn-Ehret-Hzil Coup. Mr. A.E. Binder Smith & Ianzler Corp. Mr. Boyer Cadwaladsr, Mickershab & Taft Gentlemen: Me are all aware of tbs adverse publicity WHICH BAS BEEN ZN TBE NEWS-PAPERS FOR SOBS BONTBS NOW, GENERATED BY Dr. I. SSLZEOFF CONCERNING TBE DANGERS OF ASBSSTOSIS. As WE BAD DISCUSSED AT SOBS OF OUR PREVIOUS MEETINGS, TBZS SHOULD BE A BATTER OF GRAVE CONCERN TO US AND BIGHT BATE VIOLENT REPERCUSSIONS WHICH COULD AFFECT OUR VARIOUS BUSINESSES. Dr. Selieoff bappens to be by personal physician, and I VISITED WITH BIB ON TUESDAY, MAY IOtB TO SAVE BY ANNUAL physical. During the course of our conversations, it was BROUGHT TO BY ATTENTION THAT CONTACT BAS BEEN BADE WITB Dr. Selieoff by an architect in Canada, calling attention TO TBF FACT THAT USING SPRAYED FIBRE AS A FIREPROOFING BEDIUB ZN RETURN AIR PLENUMS, SUBJECTS TBE PEOPLE OCCUPYING THE BUILDING TO ASBESTOS DUST, BY VIRTUE OF ERR08Z0N OF THAT MATERIAL DURING THE USE OF TBE PLENUM CHAMBER. I POINTED OUT TO dR. SELIEOFF SOW ERRONEOUS TBZS WAS, BY VIRTUE OF THE FACT THAT TBE FILTERING APPARATUS ZN THE AIR CONDITION ING SYSTEM WOULD CATCH ANT DUST, AND FURTHERMORE, WE TREATED THE SPRAYED MATERIALS TO PREVENT THIS ERR OS ION AND DUSTING.I I THINK IT OF VITAL IMPORTANCE THAT AT TBE NEXT BOARD BESTING, WHICH SHOULD BE VERY SOON, THIS MATTER SHOULD BE PUT ON THE AGENDA FOR DISCUSSION AND DETERMINATION AS TO A COURSE OF ACTION TO BE TAKEN. I BAD A VERY BRIEF DISCUSSION WITS JlB YERBALES BT TELEPBOSE TODAT CONCERNING THIS HATTER, WBICB BAS GENERATED THIS ROUND ROBIN LETTER, Vs BATE 30HE THOUGHTS ON TBS SUBJECT WBICS SHOULD BE DISCUSSED RATBER EXHAUSTIVELY AT OUR NEXT BOARD MEETING, AND I JUST WANTED TO ADVISE YOU THAT THIS SHOULD BE ON TBS AGENDA AT THAT MEETING, AND WE SHOULD ARRIVE AT SOME COURSE OF ACTION Very truly yours, .SHI AYEd MINERAL FIBRE MFRS. ASSN INC HLL/rb H,L. Levine 01 6, im ClUIllj/w iW * W 1*U Stow* Mr tM fcv Yt 10005 * attdigfci lab--tea fctlth mmu* ffellcUr ittMbad li a off wt tfet XttMr Z iitmmtmi *tfc jw *r 9fcm ]! MAqr, AUI it tte flni latitaoa Am m teat 2amd that tn*M teat nfM it tort os A* tm flaar Am ov m*Mto im Mat *&** m/4m ttf ar* I* u *.s. . 1. s. - M* 4 J* F. O'Jtaorka -- ?. K Sta^f k oisH- UNITIO TATI# MINBRAL PRODUCTS COMPANY Tt MMMO * CMa 301 eiM CA^eo^nsuu te J, 1566 . Altai twwy frajoet %nr BBter, tent ft motel# - tote Brlsooo Comn> Mot Totem amlnd fttel Ctttsa teiLttn M pft sad Xoltatete Clanlnd, Odo Dw *. Ami 1ft raply to tte tolopfem raqo--t af Sr. VWIn Wa, w no plsasad to eoMt on tte raiaad giwiinliit tte psaihtllty of teolth ftwt tboMftt tar mb pmm to ronlt Cm wpowrt to tte aptoylag of tte team! liter nor May appUsd for nrtproollny at tte Qsnlaad Mnl QttLoa Bdldlay. tern tea bm mm pabllelty rocsnfcly site rsapsot to tte posaiblo affoett of lane pnn to My* cnpuntritiSMo of aaboatoo teat* Altteayft tte stadias ten teas voter ny for yarn, oo Coal raporto or ftitainga ban teas ralaaaart Apparently, tte probability of a bsaltb teaard odota nly la tteoa slteatim tears ttera la aipasm to aatestoo teat am loot porlote, pratebly any yarn, tad la plaoaa tern ttero la a blab teat gwrantratli aad mtllatlnn la lateiay* Soo of tteao stadias era ralatsd apod finally to apny ftanl Hbn protests, aar to on CAPCO BU3-SHSZ8 typo 9 teiay wad an this Job. On CAPCO aatertala ara apsaially troatod darlay prauaoslny nth teat cctiiral afteta. Sort ccneanrfcraUsn la tertter teirtteaod by tea iteroteuliea af ataaUad aatar sprays as tte liter loans tea teas* tea Utellteod of an aarlooa ccnoantratlon of teat partloloa mold te ooly la tea 1--Bits tlaltety of tea spray cob. For teat rain as o--tloci appUoators to war stetablo teat nates, aloes ttey aay ba aeriday rater tteoa ocadLUm onr ortM pniodo of tea. tea teabt anrioaaly teat an teaard mats for atear mbm n tea aaoa die tea ara aot aoteslly sprayiay liter. Us ten as tawrtadyt of an W or irteaa iteay CAPCO ntorlal ar of an term oqpssd to It onr tetiay bon affiletsd site a intetoy aUmf oamd tor on liter ar pram. tea ban bm lalftraad ter tte atear anters of tte Sprajod Mnnl Piter tenflstems Aaassdatlsa, Jte. ttet, aAtelarly, ten ban as katelsdyo of an oass af raspixotny lllraao balay aaaoad ly tte m of fttelr spray adaml liter protects. , Of nm, II a parUeolar aocteaa la wtetiy amltln to dart, te teoald also osar a stetablo pratsotin Saoh allnyle tsntenrtaa mid ba od&bttod la tte praams af ml an teat, aote at liter sprayiay* mrti temrlay, plaster teaday, Con aasaplny, aad tea lifts. Ili ballon da imnn tte qwttei rolood, tad so tell bo pZooood to finite sate atear lalteaatlea as aay te roqmlrsd. Tom my tnly. BSD STUB 3DBBAL IBGDQCX9 COAST / _y jra/di. 72 1 CERTIFICATE OF DEPONENT . 2 I hereby certify that I have reed and examined the 3 foregoing transcript and with corrections nade by me. If 4 any, the same Is a true record of the testimony given by 5 me. r' 6 /JAMES P. VERHALEN 7 8 Subscrlbed arnd sworn to me before this tday of 9 , 1986* 10 U 12 My Commission Expires: 13 /AtuXl 'fl Notary Publlp _____ ROTARY PUBUC OF RW tOSCi t**m*W*lW** 14 15 16 17 18 19 20 21 9$ vtir-Xm#'f &Um4 'in &<* #07 $9k*4. %Ma**7aMi tH4 1 2 PAGE 37 48 9 5 9 6 10 7 12 8 14 CORRECTIONS LINE 21 CORRECTION Blowing wool 10 Insulating cement 4 1949 or '50 10 insulating cement 14 cupola melting 9 cuDOla melting 7 blowing wool 9 14 8 mineral wool 10 16 11 20 24 12 25 13 26 14 28 35 15 46 16 46 11 1,4,6,7 12,14 19 4,15,21 19-20 16,18 13 13, ETC. CAFCO products SPRAY-DON SPRAY-DON SPRAY-DON SPRAY-DON EHRET Magnesia mineral wool Thermacoustic SPRAY-DON 17 50 18 108 131 222 19 8-9 1 20 19/20 Limpet manuals to our contr.... mineral wool ...I have known Ed Stevens 20 Salni - where it appears should be SALNY 21 99 %McJ(m*w . 3tC &<* **C7 (*04)*4?~%900 tHH &load &.. 38occ 1407 /ev#t*na &cwJl, d(evMfda/H<{ 21146 April 17, 1986 William Clague, Esquire 4701 Sangamore Road Bethesda, Maryland 20816 RE: State of Maryland v. Keene Corporat Deposition of James P. Verhalen Dear Mr. Clague: Enclosed please find a copy of the above referenced matter. < Please make arrangements with Mr. Verhalen to read and sign his deposition. Please send back to us the original Certificate of Deponent and errata sheets. Thank you for your cooperation in this matter. Yours truly, HUNT REPORTING COMPANY LOUISE WADDELL Secretary /slw cc enc ttmmd . S&mm. (S0l) &7.S3W