Document dn1v69wz5rv3O0koZ4dgajNOB

FILE NAME Manville JMA DATE 1979 DOC JMA279 DOCUMENT DESCRIPTION Legal - Notice of Filing John McDaniel vs M et al & Met Life Answers to Interrogatories IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS - --McDANIEL EASTERN et al DIVISION Se Se -vs- Plaintiffs Se See NO 77 C 3534 ee - ee ee Defendants ee ee ee RECEIVED RECEIVED IVED DEC NOTICE OF FILING 16 DEPARTMENT TO ALL attached RECORD JOHNSON CUSA& CBEK LL LIMITED PLEASE TAKE NOTICE that Septembe1r 3 1979 there was filed with the Clerk of the United States District Court for the Northern District of Illinois Eastern Division ANSWERS TO INTERROGATORIES a copy of which is attached hereto a -. BAKER & MCKENZIE 130 East Randolph Drive Chicago Illinois 60601 5554XX025 861-2792 Attorney Zor CDefehndanot ler Defendant METROPOLITAN LIFE INSURANCE. - COMPANY State of Illinois )} ) SS County of Cook ) The undersigned on oath states that a copy of the above and foregoing Notice of Filing was served on all attorneys of record by mailing a copy on this 13th day . of September 1979 \ Subscribed and Sworn to this 12 LharcheesNoF ocl^'s} day of September 1979 Notary Public COONEY & STENN 77 West Washington Chicago Illinois Street 60602 Hinshaw Culbertson Moelmann Hoban & Fuller 69 West Washington Street Suite 2700 Chicago Illinois 60602 Kralovec Sweeney Marquard & Doyle 39 South LaSalle Street Chicago Illinois 60603 Clausen Miller Gorman & Witous 5400 Sears Tower Chicago Illinois 60606 Caffrey Isham Lincoln & Beale One First National Plaza Suite 4200 Chicago Illinois 60603 Epton Mullen Miller & Druth 69 West Washington Street Chicago Illinois Shaheen & Burke 20 North Chicago Lundberg Callahan Wacker Drive Illinois 60606 a Lord Bissel & Brook 115 South LaSalle Street Chicago Illinois 60603 Peterson Ross Schloerb & Seidel 200 East Randolph - Suite 7300 Chicago Illinois Johnson Cusack & One North LaSalle Chicago Illinois Bell Ltd. Street 60602 Darci L. Rock Trial Attorney Torts Branch Civil Division U.S. Department of Justice Washington D.C. 20530 Edward Moran Assistant U.S. Attorney Everett McKinley Dirksen Bldg 219 South Dearborn Street Room 1500 South Chicago Illinois 60604 Jenner & Block One IBM Plaza - 44th Floor Chicago Illinois 60611 re a ae , i " rs fl- fl- fl fl - fl- fl IN FOR THE THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JOHN D. McDANIEL et al ) Plaintiffs V. MANVILLE et al Defendants No. 77 C 3534 ANSWERS TO INTERROGATORIES NOW COMES the defendant METROPOLITAN LIFE INSURANCE COMPANY by its attorneys BAKER & MCKENZIE and for answers to interrogatories propounded by the plaintiffs state as follows 1. Has Metropolitan Life Insurance Company ever performed studies for Manville Corporation and its subsidiaries and prepared reports and made recommendations to Manville Corporation and its subsidiaries based upon the information obtained in the studies If answer is affirmative state weds a b c d e f The nature of the studies reports and recommendations The date Metropolitan undertook of making such studies reports mendations the and task recom- The name address and position of the person or persons who prepared such studies reports and recommendations studies date or dates such studies reports and recommendations were provided The manner in which such studies reports and recommendations were provided Attach hereto a copy of all studies reports and recommendations Metropolitan provided and all writings and documents referring thereto ANSWER Yes In response to subparagraphs a and b where available the Industrial Health Section of Metropolitan Life Insurance Company for the years 1924 when the Industrial Health Laboratory was founded through 1951 when the Industrial Health Laboratory was discontinued copies of the relevant excerpts of which are attached reveal the following references to inspections done for Manville Corp. plants which essentially concerned an evaluation of the dust control system in each plant studied ( NN i Surveys of asbestos plants started in 1934 and concluded during 1936. Such investigations included recheck surveys of some of the plants to determine what improvements if any had been effected by the we mete ta we Ce me ie <: installation of certain equipment designed to control the dust as well as surveys of a number of new plants particularly those on the Pacific Coast Plants studied for Manville Corp. in 1936 were those located in California at Redwood City Pittsburg Los Angeles and Lompoc ii During 1937 1025 ray films of the chests of employers of the Asbestos Quebec Plant of Manville Corp. were read and interpreted and a report was sent to Mr. Vandiver Brown attorney at Manville Corp.'s New York City office - iii During 1941 1942 and 1943 and information were made by Corp. requests for and given to plant surveys Manville iv In 1945 Mr. W.G. Hazard Director of the Industrial Hygiene Division of the Department of Health of New Jersey was ordered by the War Production Board to make an investigation of the Manville plant at Manville N.J Mr. Hazard accepted the findings of the inspection made by the Industrial Health Section of Metropolitan Life Insurance Company made his report to the War Production Board and the case was closed v In 1946 tests were conducted on certain days of the week for three consecutive weeks in the carding room of the Manville Plant at Manville N.J vi In 1947 1948 1949 and 1950 surveys of a number of Manville Corp. plants were conducted Two letters from Manville Corp. regarding such surveys are attached However in response to subparagraphs c through f the records of the specific nature dates manner and results of such tests and studies - are no longer contained in the files of Metropolitan Life Insurance Company Investigation continues 2. Has an inspection of state Metropolitan Life Insurance Company ever undertaken any Manville plant If answer is affirmative a b c d List the date and place of such inspection Identity of the person making such inspection Attach to your answers copies of all reports or memoranda of inspection Attach copies of your answers to interrogatories of writings and documents referring to said inspection ANSWER ( continues ~ See answers to Interrogatory No. 1 Investigation G . ee f J -- lh 3. Has Metropolitan Life Insurance Company been sued in f any other Court in the United States on allegations similar to the ones set forth in plaintiff's Complaint in the above entitled cause If answer is affirmative state . a Name of plaintiff b Court number and Court where case is pending c Name and address of plaintiff's attorney ANSWER requested Yes Attached is a list of all information - studies amounts 4. Has Metropolitan Life Insurance Company ever conducted concerning the potential danger of breathing significant of asbestos fibers If answer is affirmative state a b c d e Date or dates of said studies Name and address of person or persons conducting studies Location at which the studies were performed Name and address of person or persons to whom reports were made of said studies Attach to your answers copies of all studies reports and recommendations made by Metro- politan Life Insurance Company ANSWER Yes Based on where available the annual reports of the Industrial Health Section of Metropolitan Life Insurance Company for the years 1924 through 1951 copies of the relevant excerpts of which are attached the following references to studies conducted by Metropolitan Life Insurance Company concerning the potential danger of breathing significant amounts of asbestos fibers can be found and at- tached is a copy where available of each such study i Study of the Raybestos Plant in Passaic N.J. in 1934 ii Studies of the Bridgeport and Stratford Plants of Raybestos in 1930 1935 1936 and 1939 iii Studies of the Raybestos Plants in Charleston S.C. in 1930 1934 and 1936 iv Studies of the Raybestos Plants in Mannheim Pa in 1930 1935 and 1939 v A report of the physical examinations of asbestos workers at Thetford Mines Quebec in 1930 vi An article entitled Effects of the Inhalation of Asbestos Dust on the Lungs of Asbestos Workers by Dr. A.J. Lanza now deceased in 1935 a copy which was published in Public Health Reports and a copy issued directly to Manville Corp. . vii An article entitled Asbestosis by Dr. A.J. Lanza . published in the February 1 1936 issue of the < Journal of the American Medical Association air viii An article entitled Air Sampling of Asbestos Dust by J. Wm Fehnel now deceased of Metropolitan Life's Industrial Health Section publisheidn an issue of Industrial Medicine in 1939 Any other studies which were conducted are referred to in the copies of the excerpts of the annual reports of the Industrial Health Section Based on information and belief these and the above enumerated studies are the only incidents involving Metropolitan Life Insurance Company's conducting studies specifically concerning the dangers of breathing significant amounts of asbestos fibers Investigation continues Charles M. Preston State of New York ; County of ) ) SS ) CHARLES PRESTON being first duly sworn upon his oath states that he is the Associate General Life Insurance Company and that he has answers to interrogatories and that the Counsel for Metropolitan read the above and foregoing same are true to the best of his knowledge and belief SUBSCRIBED AND SWORN to this 9 day August , 1979 William D. Honest Notary Public _ WILLIAM D. HONEST NOTARY PUBLIC State of New York No. 31-4624475 Qual in N. Y. County Certificate filed in New York County Commission Expires March 30 1980 Charles M. Preston