Document dn6pZ8Vp8v0aDnXerd66o9Z15

n * . i ' * j ~ ? *. | %; hi .* -*t * ; * ` * " 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 . ) 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 r i UiJi i| U Jili fnnsiiu .. . I j i i r t' i r: l l C : v , 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 !;..v 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. -6- i or i 'i ir J- ) \: ) .- 9 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 OC) Mot^jy Puolice= John F. Kerr.cn I t * 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.- nu-t