Document dZOpKN7DnzKK4emRjJromoV5

MORRISON, MAHONEY 8c MILLER COUNSELLORS AT LAW 250 SUMMER STREET BOSTON. MASSACHUSETTS 02210 617*439-7500 FACSIMILE 617-439 7590 OR 617-737-0090 TELEX 94 0878 700 PLEASANT STREET NEW BEDFORD, MASSACHUSETTS 02740 500*999-0014 FACSIMILE 508-990 0316 1W5 MAIN STREET SPRINGFIELD. MASSACHUSETTS 01103 413-737-4373 FACSIMILE 413-739-3125 SIX LLOYDS AVENUE LONDON. EC3N 3AX ENGLAND Ol 488-2984 TELEX 8011764 FACSIMILE 011-44-1-4806150 ONE OLD STONE SQUARE PROVIDENCE. RHODE ISLAND 02903 401-331-4660 FACSIMILE 401 351-4420 1130 MECHANICS BANK TOWER 100 FRONT STREET WORCESTER. MASSACHUSETTS 01600 508-757-7777 FACSIMILE 508-752-6224 WRITERS DIRECT DIAL NUMBER: ALAN G MILLER* STEPHEN J. PARIS ALAN H. ROBBINS DAVID A. BAKST PAUL W. GOODRICH EDWARD T. CROSSEN RICHARO R. EURICH STEPHEN J. ANDRICK MICHAEL DANK JOEL F. PIERCE RICHARD H PETTlNOELL PETER C KNIGHT MARK P. HARTY JEAN M KELLEY MARK S. ORANOER ALAN M REISCH RICHARO E 0RODV D ALICE OLSEN LAWRENCE F 0OVLE MARK R BCOALINI PAUL S ORANOA ALAN S. RINDLER** MICHAEL A. PEZZA. JR LEE STEPHEN MACPHEE** JOSEPH S BUCKLEY. JR. ELIZABETH BUTLER SAMUEL PERKINS JOHN J. DAVIS MICHAEL F. AYLWARD** ELIZABETH M. FAHEY A A JAMES J. MORAN. JR. WILLIAM F BARRY MITCHELL S. KINO OCRALO FABlANO BRUCE R HENRY JOSEPH A. REGAN JAMES M GRAHAM VALERIE NOEL CIAROI MURRAY I. RAPAPORT JOANNE P. KtATING**** CAROL A. ORIFFINA LAWRENCE A. DUGAN A PAUL J. MUELLO LEONARD H. KESTCN RALPH C- SULLIVAN JEFFREY O PETHICKA A JOHN F. BURKE. JR. MARK E. OEFOSSEZ MARGARET L. COSTA HUNTER O'HANIAN NANCY REGAN WILLIAM BOGAERT KAREN M. MORAN FAITH A. LA8ALLEAA JOSEPH E. RENDINIA JOHN A. SAKAKECNT THOMAS C. FEDERICO CAREY H. SMITH THOMAS G. FIORE aaa DAVID J. HIMMELBERGERA THOMAS M. ELCOCK GARY W. HARVEY DAVID M. MCCARTHY KIMBERLY M. SAILLANT LINDA W WILCOX KATHRYN M. WINN* DAVIO C MAGUOA A KEVIN S. WREOE MARY PAT RIELLVAAA MARK W. MURPHY JOSEPH F. STRUMSKI. JR MARK S. SOONER MARK P. BAILEY JANET MACNAS JOSEPH SECKLER CYNTHIA R. KOEHLER A A LAUREN B. PILLSBURY RHONDA L. RITTENBERO MARY M. PERRY MICHAEL READY JOHN C. WHITE SEAN J. MILANOAAA LAURIE J. CONOOf JOCELYN M. SEDNEYtt THOMAS A. MONTMINY* JAMES C. MCCAMBRIOGE. HI LAUREN MOTOLADAVIS*** MARY ELLEN FLYNN MICHAEL A. FAGER PAUL E. MITCHELL ROBERT M. MACK CAROLE A. SAKOWSKI MARIA C. COU8INEAU JUDITH A. PCRRITANO DANIEL R. BURKE STEPHEN P. HARTCN KARVN T. HICKS RANDALL L. SOUZAAA OEORGC J VOORIN. JR. DAVID W. HEINLCIN AUSTIN T. POWELL RITA B. OYLYSO CHARLES H. YELEN JAMES M. FAY** CHRISTOPHER E. ORANT*AAA JOHN W. HAVERTY PETER C. ANASTOS SUSAN E- BERNSTEIN NOLLE J. BEVINS ANNE O. CLARK ROBERT P. COOK CYNTHIA STONE PHELAN RACHEL BETH COHEN CATHERINE J. CHANDLER OAVID S- MACLEOO FRED L MASON GOROON L. SYKES ELIZABETH M. WATERFIELO * ALSO MEMBER Of FLORIDA BAR * ALSO MEMBER OF NEW YORK BAR A ALSO MEMBER OF NEW MEXICO BAR 1 ALSO MEMBER Of MICHIGAN BAR 0 MEMBER OF CALIFORNIA BAR ONLY * ALSO MEMBER Of MARYLAND BAR ** ALSO MEMBER Of NEW HAMPSHIRE BAR * ALSO MEMBER Of MAINE BAR A A ALSO MEMBER Of RHODE ISLAND BAR ft ALSO MEMBER Of ALASKA BAR 00 MEMBER Of WASHINGTON O.C. BAR AND NEW YORK BAR ONLY ** ALSO MEMBER OF NORTH CAROLINA BAR + ALSO MEMBER OF WASHINGTON O.C BAR AAA ALSO MEMBER OF CONNECTICUT BAR MEMBER OF RHOOC ISLAND BAR ONLY April 18, 1990 FEDERAL EXPRESS Robert P. Powers, Mellick & Porter 1 Joy Street Boston, MA 02108 Esq. Re: Warren v B F Goodrich, et al. Subpoena for Monsanto Dear Mr. Powers: I am writing to you as I understand that you are local counsel for Monsanto Company in Massachusetts. I am representing one of the defendants in the above case which is pending in Federal Court in Springfield Massachusetts. I am enclosing a copy of a deposition subpoena which is being served on Monsanto in Springfield. As we are acting under a Court deadline we would like to go forward with the deposition of Monsanto on May 2, 1990 in our Springfield Office as indicated on the subpoena. We recognize that it will not be possible to comply with all the sections of the two schedules on May 2. We would propose going forward only with Schedule A paragraphs 2, 3, 4, and 5 and with the production of documents in Schedule B of paragraphs C and D on May 2. The remaining documents and witnesses could be produced at a mutually convenient later date. 00 ft] 79 MORRISON, MAHONEY & MILLER Robert P. Powers, Esq April 18, 1990 Page 2 I would appreciate your getting back to me on this as soon as possible. Thank you very much. Very truly yours, MORRISON, MAHONEY & MILLER MSG/smr Enclosures cc: Lane McGovern, Esq. James Tourtelotte, Esq Mark S. Granger 000] UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ALICE L. WARREN, ADMINISTRATRIX OF THE ESTATE OF JOHN H. WARREN, DECEASED, Plaintiff, v. THE DOW CHEMICAL COMPANY, THE B.F. GOODRICH COMPANY, WHITTAKER DEVELOPMENT CO. (FORMERLY GREAT AMERICAN CHEMICAL CORPORATION), UNION CARBIDE COMPANY, AMERICAN CYANAMID CORPORATION, AND CONTINENTAL OIL COMPANY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. 89-30201-F NOTICE OF TAKING DEPOSITION To: Lane McGovern, Esq. Pierce O. Cray, Esq. Ropes & Gray One International Place Boston, MA 02110 James H. Tourtelotte, Esq. Robinson, Donovan, Madden & Barry, P.C. 1500 Main St., Suite 1400 Springfield, MA 01115 PLEASE TAKE NOTICE that, pursuant to the provisions of Fed.R.Civ.P., Rule 30, The B.F. Goodrich Company ("BFG*), a defendant in the captioned action, will, by its attorneys, Morrison, Mahoney & Miller, take the deposition upon oral examination of The Monsanto Company, by the person having charge of its records, at the offices of Morrison, Mahoney & Miller, 1145 Main Street, Springfield, Massachusetts, at 10:00 AM on Wednesday, May 2, 1990 before an officer authorized by law to administer oaths. The oral examination will continue from day to day until completed. 00016 The deponent is required to bring to the deposition the following documents: A. the complete employment records of John H. Warren, including but not limited to all attendance records, applications, pay stubs, tax records, disciplinary records, evaluations, accident records or infirmary or health care records; B. all literature (including but not limited to correspondence, memoranda, booklets, brochures, flyers, pictures, diagrams, photographs, films, video or audio tapes) pertaining to worker safety or chemical exposure made available to John H. Warren during his employment by Monsanto; C. all invoices, receipts, ledgers or other records (whether physically or electronically recorded) memorializing the purchase, delivery, storage or utilization of vinyl chloride utilized at the Springfield facility between January 1, 1947 and January 1, 1983, inclusive; D. any and all charts or diagrams or documents of whatever description memorializing or depicting the corporate structure of Monsanto between January 1, 1947 and January 1, 1983, inclusive; E. any and all documents in the possession of . Monsanto or of any of its agents, officers, employees, directors or servants between January 1, 1947 and January 1, 1983, inclusive (whether physically or electronically recorded) which memorialize, relate or refer to: 1) any information with regard to the physical or health effects of exposure to vinyl chloride; 2) any information with regard to the physical or health effects of exposure to any chemicals to which John H. Warren was exposed (other than vinyl chloride) during his employment with Monsanto; 2 00ft l o File Memo to Warren/Dow from JHT: 2/22/90 I spoke to Eunice Trevor (215) 665-1600. She's done a lot of toxic tort work and presently has a PVC case in which she has learned that the chemical manufacturing companies knew for some time that this vinly chloride was a dangerous product and sought to suppress that information at some point--at least the Chemical Society in the United States and the Chemical Society in Europe tried to suppress it. She's going to provide us with that data. In addition, she will give us the name of the industrial hygienist she plans to use in the case. She intends to use one to show that there were safety steps that could have been taken in regard to this material and that certain warnings should have been given concerning it. We may want to use a hygienist as well considering the nature of the case. She also was able to obtain records of shipment from the defendants which showed they had shipped the materials to Firestone, where her employee was injured. Her expert is one George Stanton and he is located in New Jersey JHT/sw 8692Z 000 List of materials compiled for deposition hearing, scheduled for May 9, 1990, Springfield, MA. (Warren v Dow et al) 1 NONE 2. a) Monsanto-Springfield Control Laboratory Safety Manuals 1962s Vinyl Chloride Monomer Handling Section III, pgs. 10-12. 1968: Vinyl Chloride Monomer Handling Section VG, pgs.9-13. b)Vinyl Chloride Monomer Testing, East Control Laboratory. Personal notes, RGG. Undated.pgs 11-21.(Probably after 1967.) 3. a) Airview of Monsanto Springfield plant, undated. Probably early 1970's. White dust on large warehouse and 85 Bldg, identified as PVC dust. b) Photocopy of photo appearing in Monsanto local publication (The Santonian) 1975: dismantling of VC flare stack. c) VCM in groundwater- Monsanto -EPA report: SAMPLING TRIP REPORT MONSANTO CORP. INDIAN ORCHARD PLANT SPRINGFIELD MASS. July 1988. 16 pgs. Note pgs. 3,4,5 and 8. (20 #g/l found vs. 2 ug/1 EPA standard.) d), e.) fllon4.an.to mapa. 4. a) The Story of Monsanto: FAITH,HOPE & $5,000. The Trials and Triumphs of the First 75 Years. Dan J. Forrestal, Simon & Schuster 1977. 285 pgs. (Index lists neither VC or VC. Product index, by decades, does not include VCM. b) Monsanto-Springfield "Scrap-Book", prepared by Personnel Director Paul Bureau, March 1982. PR. c) Tnan4.cn.ipt - "0SHA" $une. 13, 1975 f.Fn Ledland WWH TV Chi. ko. SpnLng.fLe.id, flA. in id Warren v Dow Matls- 2 . NONE . a) VC Exposure documents: OSHA,NIOSH, Monsanto. ^OSHA - July 11, 1974, 64 pages. Analyst work and Sample ID sheets. E. Freedman, I.H. May 7, 1975, 60 pgs. J. Lewine, I.H. NIOSH - April 19, 1974. Trip Report - Monsanto ** Indian Orchard Plant. James H. Jones, I.H., 4 pgs. Includes results from sus pension and paste resin PVC areas. Monsanto - March 1, 1974 Status Report on VCM 3 Health Issue. R.L.Bourget to PVC Per sonnel. 3 pgs. May 7, 1975. VCM exposure listed in history provided to PVC worker. August 1974. VC air samples reported from Control Lab in excess of 50 ppm. From S/H notebook, RGG. --^ V'Vy i6 n75- 14 * 3 * 5- vc.f'A 7. a) Suppliers of VCM to Monsanto-Springfield: Tank car identifications, from E. Control Lab data sheets, 1968,1969. (Monsanto, Dow, Conco (sic),Good rich). Recorded by RGG in S/H note book, while pursuing right-to-know information for an OSHA complaint, and citation follow-up. 00 A * ' *3 j % Rev. 2/L1/53 DEPARTMENT: PLANT LABORATORIES JOB TITLE: LABORATORY ASSISTANT O.C. 253 JOB DESCRIPTION: r . Performs all routine chemical, physical and electrical tests according to established standard or written procedures or their equivalent on new, raw, in pra.ces3, finished, or .'scrap materials and special services. Te3ts will generally be of a standard repetitive nature. Sets up laboratory apparatus, prepares samples, performs tests or analyses> as'assigned. Uses variety of laboratory apparatus to' determine chemical,-..physical- j .% and electrical properties of samples, as required. Standardizes /* reagents~occasionally*, if necessary. ,' Records and rep/o>rts all s test results including night shift;operations, as required, in log books or on forms provided,. Results of tests are subject to check by supervision before going out to production. Performs associated calculations, as required. Obtains samples, or solvents and supplies, when necessary. Cleans and arranges equipment and working area to meet laboratory standards. Occasionally exposed to outside weather conditions. Works on night shift without direct supervision. /eA-J* Rev. 10-2-66 DEPARTMENT: PLANT LABORATORIES JOB TITLE: ANALYST A JOB DESCRIPTION: O.C. 253 Perforins all routine chemical, physical and * electrical tests following standard or written procedures, or their equivalent, on new, raw, in-process, finished or scrap materials and special services. Sets up a variety of laboratory apparatus to perform tests or analyses, prepares samples, and determines necessary sample properties. Under direction of the Lead Analyst handles standardization of chemical solutions, re-agents, laboratory instruments, required checks in laboratory subdivision and at production test benches. Records and reports all test results as necessary.* Performs all associated calcula tions. Assists in the training of new laboratory personnel and/or others as designated. Obtains samples, solvents, and supplies. Cleans and arranges equipment and working area to meet laboratory standards. Works on night shift without direct supervision. . 2/11/53 / DEPARTMENT: PLANT LABORATORIES JOB TITLE: SENIOR ANALYST O.C. 48l ' JOB DESCRIPTION: Performs all duties assigned to laboratory assistants and In addition, handles standardization of chemicai * * solutions, laboratory instruments and other required checks in laboratory subdivisions and at production test benches. Performs specialized, low volume frequency tests in order to maintain a high degree of precision and familiarity with such operations. . Runs test3 on which verbal instructions, in lieu of written standard procedures, may be used. Assists in the training of new laboratory personnel and/or others as may be designated. Writes reports on any required phase of analytical work, charts data and makes' calculations of simple control limits. Observes-or personally takes samples that may be required by laboratory supervision. Cleans and arranges equipment and work area to meet laboratory standards. Occasionally exposed to outside weather conditions.