Document dn6pZ8Vp8v0aDnXerd66o9Z15
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i v1K TiiL UlPTRlCi or SuUTh CM'.M-J ?b\ gkcenville division
Greeuvi 1i . County School Dis*
Plaintiff,
vs .
United States Gypsum Company, V.*. R. Grace Comp any rational Gypsum Crmpsny, P: o-.o Industrie;
r
c/a No. 82-3142-11
Tafendants .
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defendant united states gypsum company's response TO "NOTICE" INTERROGATORY CUESTION FCSET BY THE
HONORABLE WILLIAM W. WILKINS
United States Gypsum Company (hereinafter "USG") respo.nds to the "notice" Interrogatory propounded by the 'Honorable v.'ii'iiam W. V.'iihins, on January ?, 19S4 as follows :
A thcro :ch review mof USG files and records which could be identified as possibly containing information encompassed by this Interrogatory reveals that on or about September 3, 1948, was the earliest documented date upon which USG, or any of its officers, employees or agents, in an individual or corporate capacity, first became suspicious or aware that asbestos may be a helpful substance.
PLAINTIFF'S t EXHIBIT il iis& m
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since that, date until 1973, the date of last construction :the
Greenville school cases. To the extent that documents are
identified which predate 1948, these documents were physically in
USG file^, but there is no evidence suggesting that the documents
we:e act. any recei'. ec at any tine prior to the above date.
'.2 ::tic- ..y . USG i ; .-.are of a .'.en.ora.nf un. of
eer.cr.t dated
ICover.be: 20, 1936, produced in other litigation, which suggests
that USj may have contributed to a study conducted by Dr. Leroy
Gardner at Saranc Lahe Laboratory commencing in 1936. However,
as indicated on the listing, USG cannot confirm whether, or to
w.-.at extent, it may have participated in the study or received
Columbia, South Carolina day of February, 1934
'=>/3/AS
'pGrating Bulletin
This bulletin marks the first document date showing a recognition by USG of any of the health hazards associated with exposure to asbestc This bulletin relates sc-ely to USG workers.
In addit Lon, USG has located in its files copies of the cllowing stu lies, published before 1943:
9/3/43
Printed report
10/1931
Frinted study
1932 1937 1937
Printed list of references
Pamphlet printed by U.S Dept, of the Interior
Official printed transcript
"Report on Effects of Asbestos 0^-j L.ur*.trs b.nc5.
Expression in the Asbestos Industry," E. R. Merewether, M.D. and C. v,'. Price.
"A Review of Pneumoconiosis: Further Roentgenological and Pathological Studies" by H. K. Pancoast, V,.D. and E. P. Pendergrass K.D.r reprinted from the American Journal of Roentoenologv and Radium T her any , Volu n, e X X VI , Ko. 4 ,
wll n i
"Pneumoconiousis - A List of References, Published in the United Kingdom, for the International Labor Office <League of Nations).
"Review of Literature on Effects of Breathing Dusts with Special Reference to Silicosis," by D. Harrington and Sarah J. Davenorrt.
"Third Symposium on Silicosis" An Official Transcript of the Third Silicosis Symposium Held in Connection with the Trudeau School of Tuberculosis at Saranac Lake, New- York, June 21 to June 25, 1937.
K: J lut i n
24 3
":'; u-'iy w. Ai'.l-L'i'.toii 'Jo. _ i
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4\
ft/1933
P jnpl^l e t
"S.ilicosis and Similar Dust Diseases."
1/31/49
Experimental study report.
"Asbestos Pneumoconiosis * Experimental Studies by tne. Saranac Laboratory; Report to the Johns-Mar.ville Corporations."
However, USG has located no information suggesting that these
documents w
lv eivec
->r 10; to 14S cr bv whom,
ft C i 5 c c urr.a i1 i. r. were rtviev.ed t u r.y r r rr.
vs S is aware of a "Memorandum c r.crfirr.cr.u, 11 dctG-
November 20, 1936, produced in other litigation which suggests that USG may have been "suspicious that asbestos was harmful" and
that USG cont.ributed to a study conducted by Dr. Leroy Gardner at
Saranac LaV.e Laboratory commencing in 1936. However, no
documents or information concernino this "Memorandum of
Agreement" or the study which it purports to fund have been
located in this defendant's files nor have any present or former
USG employees with knowledge of same been located. Thus, USG
cannot confirm whether, or to what extent, it may have
participated in the study or received the findings.
7/24/52
Internal memo
Directive tc all department heads and supervisors regarding various darts, including asbestos. Tne health concerns relate only gypsum dust and 6ilica, not asbestos.
to
11/9/53 through 12/7/53
Letters and memos
I\ scries of letters and memos from and to C.P. Kipp, USG, requesting information
2-
2/11/54
Operating Bulletins
2/13/59 throuch 7/7/80
5/19G3
Operating Bulletins
Various ou'o 1 i shed articles
10/2/6S throuch 2/1973
Internal Memo
1969 9/19C9
Regulations Pamphlet
Late 3960's
Various memos, letters
1.: : i : 1r
i or ; i .he3 fto.
c. .
1! c:;
Elimination c tlusly conditions ir. the plants and requirement that employ-: wear adequate respiratory ecu-ipment.
Operating Bulletins establishin X-Ray program USG employees exposed to asbestos.
: or
Vsrlour nev-rrper ar^irl
r-. *ar. ine a: : -
, b ' X .ts,
ah.: f overn: .
recu_e*.
lelating t: ;=bestos, and its
health hac.rds, its
characteristics, applications,
and alternatives.
Phrenological listing of n-iwspaper stories, magazine articles, and various information gathered relating to asbestos.
Asbestos Regulation 1969, London, England.
"Recommended Code of Practice for the Handling and Disposal of Asbestos Waste Materials," by the Asbestos Research Council.
Relating to USG's manufacture of Spray-Don products for Metropolitan spray and/or Sprayon Research Corporation.
3/11/70 through 8/25/71 (Approx.)
Varied memos and pamphlets
1/13/70
Letter
Various nemos by C. P. Kipp relating to health and safety committee of the Asbestos Cement Products Association.
From P.E. Leclerc, Regional Sales manager for Asbestos Corporation, Ltd. to Mel Thornton of USG, advising USG
3
5/70
6/1/70
6/3/70
8/20/70 thrcuoh 7/19/73
1970 11/1/71 6/2/72 6.14/72
7/21/72 through 8/36/73
Internal memos -
Interoffice nemo
Georgia-Pacific documents
Research & s unna ry documents, nemos and copied
articles
Letter
Interoffice' memo
Memo anc newspaper article attached
Interoffice nemo
NATLSCO study for USG Research . Center
.
thf.t 1 1 A;;)vf- -O: fisberto:-
1abc*.
f v.11 .;* *. '
'
Cerj.OJ it, Ltd. o'.
would bi.-.,r a caution
Research Evaluation - hazards to user from S3niing joint compounds - conclusions^ "no hazard."
From E.V. Salvo, New York
office, tc C..1. Bell, regarding public hearings on
the health effects of spraying
of asbestos-containing
materials.
Ge crci a-Faci : i.c cocumur.*.
relating tc
. Sinai his vital
Medical School's Lung research
as related \o a five-mar. crew
or. a dryvall job in Hew York.
Ail Research reports relating tj this subiect were previously made available to counsel for plaintiff in connection with Lexincton Count*' School District Five v. US 3.
Attcrney/client privilege asserted.
Draft nemo from C*P Kipp concerning asbestos and cancer.
.Regarding industrial safety precautions - tape and joint compounds.
From C.P. Kipp to A.J. Watt, Dr. J.W. Zabor, A.R. Rump, and C.C. Grar.er regarding threshold limit values for asbestos.
Measurement of exposure levels from mixing and sanding -of joint compounds
4-
/
:>
v."/.." 3
c re f f i ce nemo
7/3l/7 3
Letter
8/15/73
Gypsum Association study
1 9-73
Reports
1/1974 through 3/1974
1974
Interoffice memos
Internal Memo
1978-60 (Approx.)
IHF Digests .
10/1979
Medical article reprint
Uncertain Article
Uncertain Editorial
ir- J.J. V.cV-.y 1: s - ~ plants advising cove* nnc r.ta' ban regarding the up-- of a she* st os in spray acoustical ami insulation materials.
From Irving J. Selihoff, .D. responding to Marie F-hr-'rnn, Librarian, USG, providin' published literature concerning asbestos.
"Gypsum Association Evaluation of Exposure to Asbestos During Mixing and Sanding of Joint Compounds," and documents related thereto.
Reports of National Gypsum Company ar.c Union Carbide Corporation relating to asbestos in joint treatments and chrysotile asbestos in plastics.
OSKA standards as relate to asbestos.
Attorney/client privilege asserted.
Available for inspection and copying.
"Asbestos and Health in 1969," by George W. Wright, reprinted from American Review of. Respiratory diseases, volume 100, No. 4, October, 1969.
Article by Harold J. Rosen of Skidmore, Owings & Merrill concluding that asbestos spray insulation must be eliminated in future construction.
Dr. J.C. McDonald of McGill University's Department-of Epidemiology and Health concludes that, at the present
levels of dust exposure in today's asbestos mills, even 5
Uncertain Depositions Various Research Reports
? 0 ye err. c*npl nyriont probably not carry any measurable rish of luno cancer.
Included by reference herein and incorporated hereby :re all of the depositions iihen by Mr. Speights of USG employees or former employees, to the extent applicable.
Counsel for plaintiff has had an opportunity to inspect and' copy these records -- those that relate in any way to the subject of asbestos as well as any others requested by plaintiff's counsel.
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VLT.iric.vrjo:: I, JCHM r. HERMAN, declare: I an the Manager, Corporate Quality Assurance, of Vr.itec States Gypsum. Company, one of the above named defendants, and am authorized to nai:e this verification for and on behalf of said corporation; I have read the foregoing Answers, Objections and Other Responses to the Court's Supplemental Interrogatories and am. informed and believe that the same is true and on that ground allege that the natters therein stated are true. I declare, under penalty of perjury, that the foregoing is true and correct, and that this declaration was executed on .March L, 1584 , in Chicago, Illinois.
Subscribed and sworn to before me this 5th day of March, 1984'.
\ Pi. V<F
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Mot^jy Puolice=
John F. Kerr.cn
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This is 10 Ci.itify that 1, Jiiiioineuv C. Mutii,, employee of i;'u> frim of Robinson, KcFaddcn, Moore, Pope, v;inic.t:.f , Taylor, & Braiisfoid, P.A., have this date served Daniel *. Speights, attorney for the plaintiff in the foregoing matt.:' with Defendant United States Gypsum Company's Response to "Notice" Interrogatory Question posed by the Honorable William W. Wilkins and the Court's Supplemental Interrogatories by placing a copies of same in the United States mail with adequate postage thereon, addressed as follows:
Daniel A. Speights, Esquire P. O. Box 621 Hampton, SC 29924 Dated at Columbia, South Carolina this 15th day of February, 1983.
Bv//.
cc: (w/enci.):
F. Barron Grier, Esq. Glenn Bowers,.Esq. P. Michael Duffy, Esq. Suzanne K. Torrey, Esq.-
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