Document e7VbYg9OaGnoqbR3m15Vyva6e
FILE NAME: ORT DATE: 2007 ORT014 DOC#: ORT014 DOCUMENT DESCRIPTION: Legal - Declaration of Gary Childress [Spear Exhibit 4]
EXHIBIT 4
FAX 614 895 5610
K'IXJN CKKAMIC FDM
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I GABRIEL A. JACKSON, State Bar No. 98 U 9 CATHERINE E. GOLDEN, State Bar No. 127694
2 DANIEL D. O'SHEA, State Bar No. 238534 JACKSON & WALLACE LLP
3 55 Francisco Street, 6th Floor San Francisco, CA 94133
4 Tel: 415.982.6300 Fax: 415.982.6700
5 Attorneys for Defendant
6 EDWARD ORTON, JR. CERAMIC FOUNDATION
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SAN FRANCISCO
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11 NORMA SCHLESINGER.,
Case No. 453402
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Plaintiff,
DECLARATION OF GARY CHILDRESS
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v.
14 AMTICO INTERNATIONAL, INC. etal,,
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Defendants.
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I, Gary Childress, declare as follows:
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1. Iam the General Manager of the Edward Orton, Jr. Ceramic Foundation and have
19 held this position since September 1,2001. Prior to being named General Manager of the
20 Foundation, I was a Vice-President of Hecla Mining Company, Coeur d' Alene, Idaho.
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2. In my capacity as General Manager of Orton, I have gained intimate and extensive
22 knowledge of the pyrometric cones that Orton manufactures and has distributed over the course
23 of its history, as well as the contents of the packing in which, the cones are and were contained.
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3. As part of my duties as General Manager, 1have reviewed documents and
2$ information in the possession of Orton regarding the contents of the packing materials contained
26 in boxes of Orton pyrometric cones over the course of the company's history. I have also had
27 conversations with employees and former engineers regarding the contents of Orton packaging.
28 Accordingly, I have personal knowledge of the facts contained in this Declaration and I am
JC lit*
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DECLARATION OF GARY CHILDRESS
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07 :50 FAX 614 395 5610
ORTON CERAMIC FDN
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competent to testify thereto,
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4. Prior to mid-1963 Orton pyrometric cones were not packaged in vermiculite.
3 Rather, the cones were packaged in non-asbestos saw dust.
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5. Beginning in the middle of 1963, Orton began packaging its cones with
5 vcmriculite, which was supplied to Orton at various times by Zonolite, W.R. Grace, and A-Tops.
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6. In approximately 1983, Orton ceased packaging its cones with vermiculite in favor
7 of non-asbestos Styrofoam material.
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I declare under the penalty of perjury under the laws of the State of California that the
9 foregoing is true and correct to the best of my knowledge and belief.
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11 Dated: November / - ^ 2007 12 13
GAR^KfflLDRJBSS Genital Manager, Edward Orton, Jr. Ceramic Foundation
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DECLARATION OF GARY CHILDRESS