Document gazrDMmnD6QOwabJgMn8Lz8OV

NOON & PRATT ORIGINAL 1 2 1 . II, ,-"sI It . . . - * * _, .. 4 !;--j i r'-'ri:'.; r.V i " >i . 'p-, M - ` ..*.J *<J Hi1;!. ' , -f c 6 7 I . /;* 10 n 12 I) 14 n 15 16 17 * It 19 20 * 21 22 23 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES SIMON DeWARD, V'V'vs Plaintiff, JOHNS-MANVILLE, et al., '* *im 11* Defendants. MODESTO GOMEZ, vs. Plaintiff, . JOHNS-MANVILLE, et al., _______Defendants, CARLOS M. GONZALES, Plaintiff, vs. JOHNS-MANVILLE, et al., ___ Defendants. GABRIEL VALDES, vs. Plaintiff, JOHNS-MANVILLE, et al., ___________________Defendants. FRANCISCO 0. VILA, Plaintiff, vs. JOHNS-MANVILLE, et al., _____________ Defendants. .Vi1 No. C 298717 i* ..IV No. C 310916 No. C 310917 No. C 310915 No. C 310918 24 23 DEPOSITION OF JOHN L. MYERS 26 Reported by: 27 Jennie Babich, CSR #3029 Notary Public 28 r NOON & PRATT CarttflMl Shorthand Reporters 1930 WILSHIRE BOULEVARD. SUITE 400 LOS ANGELES. CALIFORNIA 90057-0905 (213) 484-9770 UCAREF00012254 NOON & PRATT 1 2 J 4 *i 5 6 7 8 ( 9 10 11 12 Deposition of JOHN L. MYERS 13 taken on behalf of Plaintiffs, M at 333 South Grand Avenue, r' 13 Los Angeles, California 90017, 16 commencing at 1:45 P.M., 17 Thursday, August 30, 1984, 18 pursuant to Notice. 19 20 :i 23 24 >< 26 28 UCAREF00012255 NOON & PRATT I 2 3 4 APPEARANCES OF COUNSEL: . ` 1` ' 5 6 7 8 9 10 II 12 FOR ALL PLAINTIFFS: STEVEN ROSEMAN, ESQ . 1308 West 8th Street 3rd Floor Los Angeles, California 90017 FOR DEFENDANT UNION CARBIDE CORPORATION: GIBSON, DUNN AND CRUTCHER BY: CHARLES C. IVIE, ESQ. ELIZABETH A. GRIMES, ESQ. SULA L. BAYE, ESQ. 333 South Grand Avenue Los Angeles, California 90017 13 FOR DEFENDANT VINNELL CORPORATION: 14 SCHELL AND DELAMER BY: GRANT ERIK BEYCHEL, ESQ. 13 3333 Wilshire Boulevard Suite 500 16 Los Angeles, California 91410 17 FOR DEFENDANTS THE CELOTEX CORPORATION, CAREY-CANADA, INC.: 18 COYLE, MARRONE AND ROBINSON 19 BY: GIUSEPPE CASTALDI, ESQ. 3356 Barham Boulevard 20 Los Angeles, California 90068 21 `f ' 'p 23 24 ;; 26 TJ 28 UCAREF00012256 NOON & PRATT 1 2 3 .. . _ . 4 INDEX .. 5 6 THURSDAY. AUGUST 30. 1984: 7 8 WITNESS EXAMINATION 9 10 JOHN L. MYERS 11 12 (By Mr. Roseman) 3 13 (By Mr. Castaldi) 74 14 13 16 17 PLAINTIFFS' EXHIBITS 18 19 NUMBER 20 I 21 2 23 24 2-A 26 DESCRIPTION IDENTIFIED A multi-page document entitled "* Calidria' Asbestos SG-130 and SG-210 for tape joint compounds" 23 A multi-page document entitled "Stipulation and Protective Order" 74 A multi-page document entitled "Notice to Produce" 77 28 UGAREF00012257 NOON & PRATT 3 1 MR. IVIE: Before we begin the deposition, I 2 would like to note for the record that Union Carbide 3 has produced certain documents at the deposition 4 consisting of a stack of approximately six or sever* J inches and exemplar SG-130 bag pursuant to the-terms ( 6 of a stipulation and protective order that has just 7 been executed by Mr. Roseman and Ms. Grimes of our 8 office, and that following the deposition session, K 9 we expect to mark each of the documents produced 10 with an appropriate stamp, indicating that they were It produced pursuant to protective order and at that K 12 time we will make duplicates of the documents and 13 supply them to any counsel at the deposition who 14 has subscribed to the protective order. C 15 MR. ROSEMAN: I think that is correct with 16 respect to my office and myself, in any event. 17 Please swear in the witness. <. IS 19 JOHN L. MYERS, 20 having been duly sworn, testified as follows: :i EXAMINATION BY MR. ROSEMAN: 24 Q Mr. Myers, would you please tell us '5 your full name? 26 A John L. Myers. 27 Q What is your business or occupation, 28 please? UCAREF00012258 NOON & PRATT 4 I A I am a chemical engineer. Q And by whom are you employed? } . . .. -A o ..Calidria Corporation. . . ..... 4 . .*_ . ..vQ . And at what address, please? - - 3 : : A . - Post Office Box K, King City, California. " C 6 Q Is there a street address? 7 A No. 8 Q Do you have an address that is permanent 9 where you can be located in the event, for example. 10 that you have to be subpoenaed in the trial for 11 this matter? r: 12 A At that address. That is my company 13 address. 14 Q But I am sure you understand that no 13 one can serve a Post Office Box and have that 16 effective service. 17 So can you tell us how one might 18 contact you personally if it becomes necessary to 19 do so? 20 A 21 Q IT A At a home address? Yes. Tell us. 102 River Drive, King City, California. 23 Q Thank you. ;a MR. IVIE: We would, of course, ask that there be no direct contact with Mr. Myers respecting this Zh matter, and if, indeed, his appearance is requested at trial. Mr. Roseman should contact our office first and there would probably be no need for a UCAREF00012259 NOON & PRATT 5 subpoena. MR. ROSEMAN: I assume that would be the case. .1 would send out the usual notice, but it was just kind of a safety measure that I made that inquiry; for. iV. .. : Q Mr. Myers, I am sure you have had your deposition taken before from what I understand of my research; is that correct? A Yes. Q And so you know that the oath that has been given to you is the same oath that you would take if you were testifying in court and has the same significance and the same rules apply. Do you understand that? A Yes. Q After the deposition has been completed, everything that has been said here today will be put into a transcript form by the court reporter. Your counsel will be given the original of that deposition for you to review and sign probably under the penalty of perjury. In the event that you make any changes in the transcript, at the time of trial any of the parties to this case have the right to call those changes to the attention of the court and the jury. Do you understand that? A Yes. Q Likewise, in any event this matter I i UCAREF00012260 NOON & PRATT 6 I proceeds to trial and you are called as a witness 2 and your testimony at the trial is different in any 3 respect than it.is here today, that inconsistency 4 .can.also be brought to the attention of the court- S and jury. Do you understand that? 6 A Yes. * . . 7 Q In the deposition today, I probably will 8 be asking you questions about events, perhaps dates 9 and circumstances that have occurred in the past, 10 possibly the past 10 to 15 years, and we would, of n course, prefer you not to guess at any answers. 12 If you do not have that information 13 ready in your mind, please tell us that. 14 On the other hand, when it comes to 15 questions such as dates, times and even occurrences, 16 if you can, give a reasonable approximation. 17 We are entitled to that. We are entitled 18 to your best estimate. Do you understand that? 19 A Yes. 2(1 Q For how long have you been employed by 21 Calidria Corporation? A Since April 2nd, 1984. 23 Q Is Calidria a new corporate entity? 24 A Yes. 25 Q When did it come into being? 26 A On April 2nd, 1984. Q What is the business of Calidria? 28 A Mining, milling UCAREF00012261 ( ? r NOON & PRATT 7 1 asbestos fiber. 2 Q Does the mining and milling take place 3 .,in-~ the: same approximate location? _ 4 A? 'Approximately, yes. - 5 ~Q "Where is that? - 6 A Near King City, California. 7 Q Before April 2, 1984, who was your 8 employer? 9 A Union Carbide Corporation. 10 Q For what period of time were you employed 11 by Union Carbide? 12 A For 33 years. 13 Q Did Union Carbide operate the mine and 14 milling facilities at Calidria IS A Yes. 16 Q What is your position with Calidria? 17 A I am Product and Production Manager. 18 Q Can you tell us briefly what your duties 19 or function is? 20 A My responsibility is the management of 21 the operation of the mining and milling operation. Q Would it be correct to say that you are. 23 in effect, the number one man in regard to the mining 24 and milling operations? 25 A Yes. 26 Q For how long have you held this position? 27 A 1981. 28 Q When you were employed by Union Carbide UCAREF00012262 NOON & PRATT 8 1 in this capacity, what was your title? 2 A The same. .3 - Q Before 1981, what was your title? 4 ` A Marketing Manager, Asbestos;- 5 Q For what period of time were you the ( 6 Marketing Manager? 7 A From 1970 to 1981. 8 Q Before that, what did you do? What was ft( 9 your title, we should say? 10 A I was Technical Superintendent. 11 Q I gather from 1970 to 1981 you worked 12 at the same location? 13 A No. 14 Q Tell us about that,then, please. Where ( 15 did you work from 1970 to 1981? 16 A In Niagara Falls, New York. 17 Q I see. What type of facility did Union 18 Carbide have in Niagara Falls at that time? 19 A What do you mean? 20 Q Was there another mining operation there 21 or was it a plant of another type or office structure? A It was primarily an office structure and 23 a plant of another type. 24 Q Will you tell us please what type of plant it was? 26 A It included research and development 27 facilities and some metal operations with which I am 28 not familiar. UCAREF00012263 NOON & PRATT 9 1 Q Now, is Union Carbide what might be 2 termed a diversified corporation? Did it engage in 3 . . .different businesses? _. . 4 .A Yes. -- 5 Q :Can you tell us with respect to your 6 title of being Marketing Manager during the period 7 of 1970 to 1981 what, in general, your function was? 8 A I was responsible for the sales of -- ( 9 for the marketing of asbestos. 10 Q During the period of 1970 to 1981, did 11 Union Carbide mine asbestos at any other location ( 12 other than King City? 13 ' A NO. 14 Q Now, before 1970, what did you do? 15 A I was Technical Superintendent. 16 Q Still at Niagara Falls? 17 A At King City. 9k 18 Q During what period were you Technical 19 Superintendent? 20 A From 1967 to 1970. 9- Q And as Technical Superintendent, what were your duties? 2.1 A I was responsible for the laboratory 24 operation. quality control. 25 Q Are you a graduate chemist? 2f> A No. 27 Q Do you have any degrees? 28 A Chemical engineering. UCAREF00012264 NOON & PRATT 10 1 Q Can you tell us where you received your 2 degree? 3 - - -r- A. - Purdue University. 4 Q In what year? -- 5 A 1951. - 6 -Q That was a very good year. 7 A Good. 8 Q Now, it takes us back to 1967. 9 Can you please tell us what your title 10 was before that date with Union. Carbide? II A Research Engineer. 12 Q During what period of time did you have 13 that title? 14 A 1966 to 1967. 13 Q Where was your employment at that time? 16 A Niagara Falls. 17 Q Did your research pertain to any 18 particular entity or item? 19 A Yes. 20 Q Tell us what that involved? 21 A It involved asbestos applications. Q Before 1966, what did you do or what 23 was your title or both? 24 A I do not remember the title. I was ;j with our Nuclear Division in Paducah, Kentucky. 26 Q Had you done any research in the field 27 of asbestos before the year 1966? 28 A No. UCAREF00012265 NOON & PRATT 11 I Q Had you performed any function on 2 behalf of Union Carbide that had anything to do with 3 asbestos before 1966? . . A No. -- 5 Q Outside of your employment in relationship 6 with Union Carbide, before 1966 did you involve your 7 self in any way with asbestos research? 8 A No. 9 Q Do you know when Union Carbide obtained 10 any ownership interest in the mine at King City? II A Not -- I do not know a year or a date, 12 no. 13 Q Would 1963 be a fair approximation, to 14 your knowledge? IS A Yes. 16 Q Do you know how longthe mine atKing 17 City was in existence before Union Carbide took 18 ownership interest in it? 19 A What do you mean by mine? 20 Q Was there a mine at the samelocation 21 operated or owned by another entity or another person before Union Carbide began to do mining there? 23 A No. 24 Q In effect,when UnionCarbide went into ^|S the mining of asbestos, it essentially started a 26 brand new operation? A Yes. 28 Q Is that the same with reference to the UCAREF00012266 NOON & PRATT 12 P 1 mill? Would your answer be same in reference to the 2 mill? 1 A - 'Yes. - : 4 . Q When you were assigned to do research 5 in the year 1966, can you tell us what the problem ... PC 6 or aim was to your research at that time? What pur 7 pose did you have in mind? 8 MR. IVIE: Objection; mischaracterizing the PC 9 testimony. He may answer. 10 THE WITNESS: I am sorry. 11 MR. IVIE: I objected on the grounds that it Pc 12 mischaracterized your prior answer, but you may 13 answer that question. 14 THE WITNESS: Would you repeat it, please? PC 15 MR. ROSEMAN: Q You indicated you did research 16 when you were in Niagara Falls in 1966; isn't that 17 correct? 18 A Yes. 19 Q And that research did involve the field 20 of asbestos in some way? 21 A Yes. . Q Can you tell us what the purpose and 23 objective of the research was? 24 A Yes. As I stated before, it involved 2< the development of applications for asbestos. That 26 may not be classified as research. My title was Research Engineer. 28 Q Research Engineer. You mean by the UCAREF00012267 NOON & PRATT 13 development of applications of asbestos how one could use the product, what use could be made of the product? A Yes. -- - v. ' : r.-.Q . From whom did you receive this assignment? - - . A I do not recall a person's name. Q When you participated in this development in 1966 and 1967, did you work by yourself as opposed to having a staff? A No. Q Can you tell us what staff you had, then. please? A As I recall, I had a technician. Q Did you at that time do any research that caused you to delve into the literature on the subject of asbestos? A No. Q Can you tell us essentially what you did to further the project? A Do you mean physically? Q Yes. A We tested asbestos mixtures with water to- determine the thickening ability of the asbestos. Q Were you trying to find out something about the industrial uses of asbestos? A Yes. Q Did you at the end of that period, UCAREF00012268 NOON & PRATT 14 1 namely 1966 to 1967, come to some conclusions or 2 recommendations about how asbestos may be used? 3 .- A As I recall, that was a -- it was a 4 very short period of time. ------- ju'-- 3 -I-would say the conclusion when I left . < 6 was that, yes, the application did appear promising. 7 Q In what fields did it appear promising? 8 A In drilling fluids. 9< 9 Q Did you come to any decisions or findings 10 having to do with floor tile? 11 A No. 12 Q Did your work at that time primarily 13 concern how asbestos was to be used in drilling 14 fluids as opposed to any other products? C 15 A Yes. 16 Q In 1966, did Union Carbide have a 17 Medical Department? 18 A In what location or what do you mean by -- 19 Q Was there such a thing as a corporate 20 Medical Department? A Yes. Q Where was it located? 2J A In New York City. 24 Q Was there such a thing, such anoffice as a corporate Safety Department? 26 A I do not know. Q Did your development work in 1966 and 28 1967 in any manner involve your Medical Department? UCAREF00012269 NOON & PRATT 15 ' A No. Q During that period of time, did you communicate with.anyone in the medical profession .about your project? -- A No. :` Q Did you consult any medical books with reference to the project? A No. Q In 1966, did you know that there was a condition described as asbestosis? A Not that I recall. Q When, to the best of your knowledge, did you first learn anything about asbestosis? A I do not know. Q When you were assigned to the staff in 1966, were you provided with any literature that dealt with the subject of hazards or risks involved in being exposed to asbestos dust? A Not that I remember. Q When you were in the development of -- doing the development work in 1966 to 1967, did you communicate with any corporate entity or any parties with reference to that project that were not working for Union Carbide? A Would you clarify that? Q Yes. During the year 1966 to 1967 when you were involved in a development project with reference to asbestos, did you in any manner UCAREF00012270 NOON & PRATT 16 ft 1 involve in that project or was there anyone else 2 involved in that project who was not employed by J Union Carbide? . .... ._ 4 : : A " No. '- I ' Q Do you have any recall on the occasion ;'i ( 6 when it was announced that Union Carbide was going 7 to go into the asbestos mining business? 8 A No. ft: 9 Q Do you know anyone associated with Union 10 Carbide who participated in the decision to enter into II the asbestos mining business? ft' 12 A No. 13 Q By the way, do you know how many 14 employees there are in the Union Carbide organization? ft. IS A No. 16 Q Do you have am estimate? 17 A U.S. employees or -- ft' 18 Q Yes. 19 A I guess it would be 40,000. 20 Q Where is the current headquarters for 21 Union Carbide? 22 A In Dambury, Connecticut. 23 Q For how long have the headquarters been 24 in Danbury? 25 A I do.not recall exactly. 26 Q Were the headquarters in Danbury in 1966? 28 A No. UCAREF00012271 NOON & PRATT 17 I Q Where were they at that time? 2 A New York City. 3 .: .Q_ . I see. During the period of 1967 to 4 .1970 when you were Technical Superintendent or 5 .Supervisor atr King City, who was your supervisor? 6 A John Riddle. 7 Q Is Mr. Riddle currently employed with 8 Union Carbide or Calidria? 9 A No. 10 Q Do you know where he is located? 11 A No, I do not. 12 Q What type of a lab was there at King 13 City when you had this position of Technical 14 Superintendent? 15 A Quality control. 16 Q Can you define for us what was done in 17 quality control; what the purpose of quality control 18 was? 19 A To determine the quality of the product 20 in process and in final form. 21 Q By the product, you mean the raw asbestos that was taken from the earth? A Yes. 24 Q And what was the objective with respect ;5 to processing the asbestos? 26 A The objective of the processing? 27 Q Yes. Evidently, the asbestos was taken 28 from the earth and went through some process before UCAREF00012272 NOON & PRATT IS i it was packaged and shipped or else shipped in bulk; is that correct? 3 . A Yes. . . 4 l'"f Q -What was the purpose of processing it?. 5 What was the purpose of changing it in.any way, from ( 6 the raw state that it had when it was removed from 7 the earth? What did you hope to accomplish? 8 A To remove the fibers from the ore to put r 9 them into a usable form. 10 Q And then what would your job as Technical 11 Superintendent have to do with putting the fibers into m 12 a usable form? 13 A To determine, based on the quality 14 control tests, whether or not the process was working 15 correctly and that the final product met our 16 requirements. 17 Q Can you tell us, to the best of your 18 ability, what those requirements were? 19 A That is very difficult with regard to 20 asbestos. 21 The material, the final product is required to pass certain screen tests and purity 23 tests. 24 Q With respect to the purity, do you mean by that that you had to remove some substances from 26 the ore that was mined? A Yes. 2M Q Was there anything else involved in UCAREF00012273 NOON & PRATT 19 t removing foreign substances in having the result of 2 the final product of asbestos? 3 . . .A Removing foreign substances and 4 separating fiber- from bundles' of fibers* as it occurs 5 `in the raw ore. /: - ': - - - .- _ ( 6 . -Q Was there anything added to the 7 ingredients that were obtained from the earth? 8 A Water. ( 9 Q Anything else? 10 A To produce the productsinvolved in the 11 companies we are talking about? 12 Q To produce the finalproduct, yes. 13 A No. 14 (A short recess was taken.) 15 MR. ROSEMAN: Q I do not recall the last 16 question, but in any event, I know we were asking 17 you about the period of 1967 to 1970 when you were 18 Technical Superintendent in the lab and quality 19 control operation. 20 When you were assigned to that parti ' 21 cular position, were you given any written information IT having to do with the hazards or risks involved in 23 asbestos dust? 24 A Not that I recall. Q Did you, up to that point intime, do 26 any research on your own on that subject? '7 A No. 28 Q Up to that point in time, had you UCAREF00012274 NOON & PRATT 20 r- 1 attended any meetings of a company, namely. Union 2 Carbide, where the subject of hazards or risks was 3 : discussed, hazards*and risks of asbestos?., - 4 rf-'v A- : Not that I recall. -- 5: ! ' s: i7 :.-Q - . ' When you worked as the Technical 6 Superintendent'at King City, was there a Safety 7 Committee? ' 8 A -I really do not know for sure. 9 ' Q " Up to the year 1970 when you were 10 employed at King City, did you have anything to do 11 with designating information on the labels that went r- 12 out with the product? 13 A No. 14 r " Q Did you engage in any procedure where 15 you sent memorandums or instructions in writing 16 having to do with the laboratory operation? 17 A Would you clarify that? 18 Q When you were the Technical 19 Superintendent during the period of 1967 to 1970, 20 did you participate in writing memorandum or other - 21 documents pertaining to your work there in che laboratory? 23 A Yes. 24 Q And to whom were these directed? A To various people. 26 Q When you were at King City during the 27 period of 1967 to 1970, to your knowledge, was there 28 any individual or department at Union Carbide UCAREF00012275 NOON & PRATT 22 r assumes facts not testified to. 2 MR. ROSEMAN: It probably is a little con -3 fusing. _ ... -J. ....................;.. ; 4 ... Q During the period -- I will withdraw- . 'S it -- 1967 to 1970, to your knowledge, could one c 6 contact the King City operation- and order asbestos 7 material directly? 8 A I do not remember. I do not think so, r 9 or let me clarify that. What do you mean by someone? to Q Well, any user, any plant, for example? 11 A I do not think so. * 12 Q To your best recollection, what procedure 13 was utilized in ordering asbestos from King City? 14 A The potential customer would contact a 9 15 salesperson. 16 Q Were there sales people on the staff of 17 the King City operation? 18 A No. 19 Q Where were they located? 20 A Various cities in the United States. 9: 21 Q Were the orders for delivery of asbestos placed by the individual salesmen from 23 their various locations in the United States as 24 opposed to coming from a central location, such as 'S headquarters ? 26 A Yes. Q And any salesman could, then, contact 28 an individual or an office at King City and direct UCAREF00012276 r 1- ' * - * r W r NOON & PRATT 23 ] 7 3 .4 ;; J that a certain, amount of asbestos or a certain number of bags of asbestos be shipped to a particular location? A Yes. ' ' -- . ~Q - During the period of 1967 to 1970, did if 6 you have any knowledge of warnings that were given 7 to customers who purchase asbestos from King City 8 about risks or hazards involved in using asbestos? 9 rW 10 A Not that I recall. *.*c<ft'&** be+U ****** *6U;m ^ MR. ROSEMAN: Please, mark this. ^.S, Cc* , 11 (The document referred to was 12 marked by the Notary Public as 13 Plaintiffs' Exhibit No. 1 for 14 Identification, and is attached hereto.) 15 MR. ROSEMAN: Q Showing you what has been marked as Plaintiffs' 1 for Identification in this ,7 deposition and ask you to please, if you have seen 18 this document in the past or a copy of it or a 19 facsimile of it? :o A Yes. 21 Q Now, the first page of this document which has six pages, the lover right-hand corner has 2y the date of October 1968. Can you tell us when you first became 25 aware of a document of this type? MR. IVIE: I object as ambiguous. 27 MR. ROSEMAN: Q First became aware of this :s document? UGAREF00012277 NOON & PRATT 24 I A No. 2 Q Do you have a recall of seeing it during 3 the period that you were Technical Superintendent? ,. 4. A No. - 1 J Q During the period that you were Technical 6 Superintendent, did you discuss the subject of TLV 7 with anyone? 8 A Not that I recall. 9 Q During the period that you were employed 10 as a Technical Superintendent, 1967 to 1970, did you 11 have annual physical examinations? 12 A I do not know. 13 . Q Do you know whether it was the policy 14 of the company to require its employees to have 13 periodic physical examinations during the period of 16 1967 to 1970? 17 A I cannot recall the policy. 18 Q I think before the break I was asking W you about a Safety Committee at King City during the 20 period of 1967 to 1970. Can you tell us whether 21 there was such, to your knowledge? A You did ask and I did answer that I 23 could not recall. 24 Q Okay, I am sorry. 23 Can you recall during this period of 26 1967 to 1970 being given instructions by anyone ^-- employed or retained by Union Carbide dealing with 28 the subject of health hazards as a result of being UCAREF00012278 r NOON & PBATT 1 exposed to asbestos dust? 2 A No. 25 3 --: :: Q ...iNow, with reference to-Plaintiffs* 4 Exhibit 1 that you have before you, now that has a 3 date of October 1968 on it. . .v c 6 Do you know, with reference to any 7 subsequent knowledge that" might have come to you, 8 for what period of time this particular publication 9 was issued by Union Carbide and distributed? 10 A You will have to repeat that. 11 Q Yes. This particular document which is 12 in front of you, I think you have told us that you 13 recognize it; is that correct? 14 A Yes. 15 Q To your best recollection, where did you 16 first see it? 17 A I do not remember. 18 Q Did you, in any of your assignments 19 subsequent to 1970, have to communicate with anyone 20 from Union Carbide about the contents of this 21 document? A What do you mean "communicate with"? 2.1 Q Did anyone ask you your opinion about 24 the contents of the document? '< A Not that I recall. 26 Q Did you give your opinion to anyone concerning the document? 2* A In what time frame? UCAREF00012279 NOON & PRATT 9 1 Q After 1970? 2 A No. 26 3 Q , . Then, did you have any input with 4 Reference to the document or a modification of this 5 document? - - - 6 A No, 7 Q Is this a document that was distributed 8 by Union Carbide to its asbestos customers? 9 A Yes. 10 Q To the best of your knowledge, is this 11 document in its current form still distributed to 9 12 asbestos customers of Calidria? 13 A No. 14 Q When was the last time a document of 15 this type was distributed to Calidria customers? t6 MR. IVIE: I object as being vague and 17 ambiguous. * 18 MR. ROSEMAN: Q All right. When was the last 19 time, to your knowledge, that this particular :o document or a copy of it was distributed to a 21 Calidria customer? A I do not know. 23 Q Are you aware of any modifications 24 that were made to that particular document in the course of years beginning with 1968? 2ft A No. Q Do you know whowasresponsible for 28 offering this particular document? UCAREF00012280 NOON & PRATT 27 I A No. 2 Q Do you know what department was ) responsible for formulating it and printing it up? 4 . - A - - Now - --- - 5 c.r . Did you, prior to this particular 6 occasion, discuss the contents of this document 7 which is Plaintiffs' Exhibit 1 with anyone? 8 A Would you repeat that, please? 9 Q Yes.Prior to this occasion, have you 10 discussed the contents of this particular document II with anyone? 12 A Yes. I) Q When is the last time you discussed it 14 with anyone? 15 A I cannot recall an exact date. 16 Q Can you recall the year that you last 17 discussed it with anyone? 18 A Within the last year. 19 Q And with whom was it that you discussed 20 it? 21 A With counsel in Oregon. Q I see. Was this particular document 23 utilized in a lawsuit in Oregon? 24 A Yes. ;5 Q Did you this particular document 26 to anyone in connection with the litigation in Oregon? A No. 28 Q When you say you discussed this document UCAREF00012281 NOON & PRATT 28 1 with counsel, do you mean with your own attorney or 2 with an attorney representing someone other than 3 Union Carbide?. ... .. . . .. 4 A Which question -- or what is the 5 question? _ .. ( 6 Q The question is, you indicated amoment 7 ago thatthe last time you discussed the contents of 8 this document was when you spoke with counsel within 9 the last year on the matter having to do with Oregon 10 litigation. 11 The question asked is whether it was 12 your own attorney or the attorney for another party? 13 A Yes. 14 Q The attorney for another party? 15 A No. 16 Q Your own attorney? 17 A Yes. 18 Q Now, did your recallwithreference to 19 your last discussion about this document refresh 20 your memory as to whether this particular document 21 was being sent to customers as late as one year ago? A No. 23 Q Is there anyone within the corporate 24 structure of Union Carbide or Calidria that you think would be in a position to know over what period 26 of time this document was sent to Union Carbide ;7 customers? 2K A I do not know. UGAREF00012282 NOON & PRATT 29 Q Now, to your knowledge, at any time was 2 information about the health hazards of asbestos 3 jnailed to the King City operation or otherwise 4 delivered from the King City operation to customers? 4 5 A Not to my knowledge,'f f/iW UJC ss - uxtsni*^ ^e e+vuj r--if, a~.-*--J-->---i--.-*--6---s--------- 6 Q In other words, if documents of this fasit jfafy? 7 type, then, were sent to customers, from where woul 8 they originate? 9 MR. IVIE: Objection; vague and ambiguous. 10 MR. ROSEMAN: Q Where would they be sent to 11 the customers? What office or location would be 12 responsible for sending them out to customers? 13 A The sales offices. 14 Q And up to this point in time, has there 15 been a sales office at the King City location? 16 A No. 17 Q And is it the casethat theKing City 18 location did not, in any manner, participate in 19 sending warnings or cautionary information about the 20 use of asbestos to the customers of Union Carbide? 21 "flyWe LU&S Q~ Q Not to my knowledge, Z Well, you were, of course, the chief 23 operating officer at King City for a time. 24 You are now, but you were also -- you also held that position on behalf of Union Carbide. 26 A No. 27 MR. IVIE; I object as mischaracterizing his 28 testimony. UCAREF00012283 NOON & PRATT 30 MR. ROSEMAN: Q Is that right? A (Witness shakes his head.) - ` Q" Well, I think I used the term of "never . one man," and- I -think you `agreed* that you were a v ' chief person,-especially,-'of'course, with respect'to ' - > production at the King City operation; is that p>; correct? A Would you repeat that? Q You are the chief supervisor of operations at King City? A No. Q I see. Can you tell us who is? A I can give you my title. I am Product and Production Manager. Q To whom do you answer or to whom do you report? A Mr. Thurber. Q And where is Mr. Thurber's office? A Danbury, Connecticut. Q I see. How many people are employed at King City, including the mine and the mill? A Approximately 60. Q Do you at King City receive shipping orders from the Danbury office? A No. Q When you make a shipment of asbestos from King City, do you normally transmit that information to the Danbury office or any other office? UCAREF00012284 NOON & PRATT V ] A Yes. 31 2 Q To whom do you advise of such shipments? >! 3 4 t . QA VThe. sales.office. . ... ... -7 .'.Q : .The sales., of f icethatoriginated the -v J rorder? sat - _ . :a ( 6 A Yes. 7 Q Any other office? 8 A The customer. ( 9 Q Anyone else? 10 A No. 11 Q When you ship merchandise from King ( 12 City, do you send the customer anything else than 13 the product, itself; namely, asbestos, and a bill of 14 lading or document verifying the shipment? 15 A No. 16 Q And has this been theprocedure that 17 has been followed during the period of 1970 to 1981, 18 to your knowledge? 19 A Which procedure? 20 Q When merchandise isshipped to a 21 customer, that no other information is sent to the customer from King City, such as pamphlets of the 23 type before you, and that the only thing sent to the 24 customer is a bill of lading or sales slip confirming the sale? 26 MR. IVIE; Objection; compound. You may answer. 28 MR. ROSEMAN: Q So far as you know, has that UCAREF00012285 MOON & PRATT 32 1 been the procedure? 2 A To the best of my knowledge. 3 Q Since you have been employed by Union 4 Carbide and Calidria, have you been aware of any . 5 policy or arrangement that involves the sending of 6 written information to Union Carbide customers having 7 to do with hazards or risks in utilizing asbestos? 8 A Yes. 9 Q Can you tell us what the policy or 10 arrangement is? 11 A Yes. 12 Q Please do so. 13 A The Sales Department periodically sends 14 mailings to customers of record which includes is information regarding the health effects of asbestos 16 and safe work practices regarding asbestos. 17 Q When you say the Sales Department, are 18 you referring to a central Sales Department or are 19 you referring to these individual sales offices that 20 we spoke about earlier? 21 A The central sales office. 1 "9 Q Is that in Danbury? 23 A No. 24 Q Pardon? 25 A No. 26 Q Where is the central sales office now? 27 A Pittsburgh, Pennsylvania. 28 Q For how long has it been in Pittsburgh? UCAREF00012286 NOON & PRATT 33 A Two or three years. Q ,office? Before then, where was the central sales .A Niagara Falls, New York. - .. Q For what period of time was it in Niagara Falls? A 1970 to 1981. Q Before that, where was the sales office? A You mean the central sales office? Q Yes. A In New York City. Q Now, of course, in 1970 to 1981, you indicated that you were Marketing Manager; is that correct? A Right, from mid-1970 to 1981. Q And as Marketing Manager, can you tell us please what you did? A I managed sales personnel who sold asbestos. Q How many sales personnel were under your jurisdiction? A I do not recall the early years. It would probably vary from three to seven. Q Individuals? A Yes. Q How many sales offices were there? A Again, that would vary from probably the same number, three to seven. . ' UCAREF00012287 NOON & PRATT 34 P 1 Q Did you personally handle the GAF 2 account? 3 .l- - - 'A Yes. 4 .. Q Can you tell us what the usual procedure 5 ; 1' was with respect to GAF ordering asbestos? ' * 6 A Yes. 7 Q Please do. 8 A Their purchasing agent would call myself pc 9 or one of our salesmen and place an order. 10 Q And when you say their purchasing agent, 11 do you have in mind a single individual or a single 12 office of GAF? 13 A No. 14 Q I see. In other words, could any p 15 purchasing agent from any of the GAF plaints place 16 a call to you or place an order with you? 17 A Yes. p- 18 Q And after the order was placed, would 19 you communicate this information to King City? 20 A Yes, if by you you mean the person to p 21 whom the order was given. Q Yes. Now, to your knowledge, could the purchasing agent at GAF telephone or communicate with p 24 King City directly and order asbestos? A I think, yes, on someoccasions that 26 would be doner especially if a blanket purchase order 27 had been issued. This would be affecting a release 28 on a blanket order. UCAREF00012288 NOON & PRATT 35 I Q Are you familiar with the procedure 2 of the purchasing agent in Long Beach, California, 3 with respect to ordering asbestos to a GAF plant 4 there? 5 j A .What, do you-mean'by his procedure? t 6 Q I mean, would the purchasing agent there 7 contact your sales office in Niagara Falls as 8 opposed, for example, to just calling up to King 9 City or communicating with them directly and 10 ordering the product? II A As I recall, he would do both or could 12 do either. 13 Q Do you recall the name or names of any 14 purchasing agents you dealt with from GAF in Long IS Beach? 16 A Yes. 17 Q What names do you recall? 18 A I think this is correct. It could be 19 verified by GAF records. I think there was a name 20 of Sid Brown. 21 Q Did you know Mr. Brown personally? 22 A By personally, what do you mean? 23 Q Did you know him other than to communi24 cate with him about sales and delivering orders? 25 A No. 26 Q Did you meet him face to face? 27 A Yes. 28 Q At Long Beach? UCAREF00012289 NOON & PRATT 36 I A Yes. 2 . . Q How .many -times did you visit the Long 3 Beach plant? . . .. . 4 .-...A X cannot recall. 3 .Q As Marketing Manager,-did you give 6 direction to anyone on your staff to mail documents, 7 such as Plaintiffs' Exhibit 1, to customers? 8 MR. IVIE: I object as being vague and 9 ambiguous. He may answer. 10 THE WITNESS: Would you repeat it, please? 11 MR. ROSEMAN: Q Yes. As Marketing Manager, 12 did you give instructions to anyone on your staff 13 to send a document such as Plaintiffs' Exhibit 1 14 to Union Carbide customers? IS MR. IVIE: Same objection. He may answer. 16 THE WITNESS: Yes. 17 MR. ROSEMAN: Q When did you first get such 18 instructions? 19 A I cannot recall a specific date. 20 Q Would it be fair to say that you gave 21 such instructions during the entire period that you > . were Marketing Manager? 23 A Yes. 24 Q Did you personally receive direction 2? with respect to requiring the sending of such 26 documents? vi A You will have to repeat that. 28 Q Why is it that you did instruct your UCAREF00012290 NOON & PRATT 37 staff to send communications of this type to your 2 customers? 3 y A Why did we send -- 4 Q Yes. 5 ' A To describe the asbestos products we '* <-6 had for sale. ' 7 Q Well, this particular document has 8 reference to the toxicological properties of 9 asbestos, beginning at Page 3 and over to Page 5 10 and/or Page 3 and 4. 11 Now, did you receive instructions from 12 anyone that was superior to you to infojnn a customer 13 about the toxicological properties of asbestos? 14 A I do not recall. IJ Q When you gave directions for information 16 about asbestos to be sent to customers, did you 17 instruct your staff what type of information they 18 should send? 19 A Yes. 20 Q What did you tell them? > | A As I recall, I would tell them to send IS appropriate literature for the customer or potential 23 customer. 24 Q Well, when you say appropriate literature, what did you have reference to? 26 A Appropriate to the application to which the asbestos would be put. 28 Q I see. When you say appropriate, does UCAREF00012291 NOON 8, PRATT 38 1 that involve the concept of informing the customer 2 about any health hazards associated with the use of 3 .the product? . / - ~ 4. .A The information about health hazards .'3 would apply to all customers. . . 6 h>-Q Now, when you were the Marketing Manager, 7 do you know who was responsible for authoring the 8 information that you sent to the customers? 9 A Not by name. 10 Q Well, by source or department? II A Information was usually prepared by a 12 committee or a group of people familiar with the 13 application and the information required. 14 Q Would this group be identified in any 13 way by name or department? 16 A No. It would include several departments. 17 Q Is there any individual that was in 18 charge of this group? 19 A Okay, which group? ' 20 Q The group that was responsible for 21 formulating the information that was printed up and 22 sent to the customers. 23 A Our Promotion Department would prepare 24 the actual information, literature, yes. 'J Q Were you personally contacted at any 26 time about any matter having to do with the contents 27 of the literature? 28 A That would have to be put into a time UCAREF00012292 NOON & PRATT ' l frame. 39 2 .Q During 1970 to 1981? 3 L : .. A -- Yes. 4 ' Q Now, during the period that GAF ordered 5 . asbestos from:Union Carbide, were all of the payments , C- * 6 for the merchandise made from a single office of GAF? 7 A 1 do not recall. 8 Q Do you know whether written information : 9 about health hazards of asbestos was mailed at any 10 time to the Long Beach office of GAF? II A Yes. . 12 Q What do you recall about that? 13 A As I stated earlier, the Marketing 14 Department made periodic mailings of health 15 information concerning asbestos to all customers. 16 That would include GAF Long Beach. 17 Q I see. Do you have a record of such a 18 mailing? 19 A No, I do not. 20 Q Do you have a personal recall of 21 documents going to GAF in Long Beach? A No. 23 Q Do you have a personal recall of 24 documents going to the main office of GAF dealing 25 with the subject of explaining the use of asbestos 26 and health hazards? A . Maybe I should^hat you mean by personal 28 recall. UCAREF00012293 NOON & PRATT 40 I Q Well, in your mind's eye, you can 2 reflect backwards and have -- think independently 3 and picture that certain documents were made to 4 various addresses or certain addresses, I should say? / 3 a- No, - not certain addresses. -"-'I;' ' ., >1:';' 6 Q Did Union Carbide, to your knowledge; ` ' 7 send representatives to its customers for the purpose 8 of explaining health hazards involved in using 9 asbestos? 10 A Yes. II Q During what period of time? 12 A I cannot recall. 13 Q From where were these representatives 14 sent? 13 A From Niagara Falls and New York City. 16 Q Do you know of your own knowledge 17 whether -- 18 A Let me correct that last one and just 19 say Niagara Falls. Strike New York City. I cannot 20 recall that for sure. 21 Q What is it that you recall about these representatives? 23 You indicated that representatives would 24 go from Niagara Falls to various customers to explain 25 the health hazards associated with the use of 26 asbestos; correct? A Yes. Q And on what do you base your response UCAREF00012294 NOON & PRATT 41 I in this regard? 2 A I would be the one to have requested . 3 fa "person to travel to a customer and explain the 4 health hazards. ' ' 2 :r : - - 2, ? 5 . -Q 6 ' ` A 'X see." '---i.1 '1 .er- ; Or I would be aware-of it. v 7 Q I see. Can you tell us what the 8 customers * practice was with respect to sending 9 individuals to customers to explain health hazards? 10 A What do you mean? 11 Q In other words, did you do it on a 12 regular basis or did you do it as the occasion arose? 13 Did you do it when someone requested information? 14 A Yes. 15 Q Which of those? 16 A When requested. 17 Q I see. When requested, how would you 18 respond? 19 A Normally by sending someone. 20 Q Someone, and was there a special :i department at Union Carbide at that time that concerns itself with informing customers on health 23 hazards of asbestos? 24 A No. Q Well, how would you determine who to 26 select? ., 27 A It would be^on the people knowledgeable 28 about the health effects. UCAREF00012295 NOON ft PRATT 42 r i Q How would you learn who was knowledgeable in the corporate structure about hazards and risks of-asbestos? >->. =-.nn--' , ; .. -A It was normally people involved with the asbestos marketing group. .. . .v Q Normally that would be people in your department? A Yes. Q Was there some type of educational program or other means for people in your department who obtained knowledge about the hazards of using asbestos? A There was no program. Q How did individuals in your department come to know about hazards of asbestos? A By reading or listening to others. Q Is there an individual basis as opposed to a group orientation? A Both. Q Was there during the time that you were Marketing Manager a program of any kind set up for the purpose of informing employees, including employees in the Marketing Department, about the hazards of asbestos? A Not that I remember. Q Were there meetings held in which instruction was received having to do with the hazards of asbestos? UCAREF00012296 NOON Si PRATT 43 IA 2 - -Q What do you mean by instruction? -I mean .where someone with special 3 Jcnowledge in the area of the use of asbestos, such . 4 as a physician or a chemist or smother 'individual 5 cwhohad doneresearch on-the subject, someone from 6 the government? .* "" 7 A Not that I recall. 8 Q Well, how did you personally know which 9 individual to select to send out of the Niagara Palls 10 office to a customer to inform them about asbestos? II A Most of the people on my staff, or I 12 should say all of the people on my staff were aware 13 of the hazards and would be able to explain this to 14 customers or to provide them with literature which 15 explained the hazards. 16 Q Where did they obtain the literature? 17 A Various sources. 18 Q Is any such literature -- was any such 19 literature transmitted to employees of Union Carbide 20 by Union Carbide? 21 A Yes. n Q During what period of time? 23 A I cannot recall. 24 Q Was such information transmitted as ;j far as you know, since you became Marketing Manager? 26 A Sorry. Would you repeat that? 27 Q With reference to the information 28 disseminated by Union Carbide to its employees, has ( ;. - > _# c r .4 .S 6 8 10 11 12 13 14 15 16 17 18 19 20 21 V* 23 24 2J 26 27 28 NOON ft PRATT 44 that occurred, so far as you know, since you have been Marketing. Manager? ...... .. ik.'ic/w-L.A.:i">.You- mean to all of Union Carbide employees?, c . . ; 'u-?- . .vr.o hflt' cci Union Carbide employees that-you managed? I think you told me you would send people out from your staff who had knowledge about hazards of asbestos, and you also indicated that people on your staff would receive information that was disseminated or distributed by Union Carbide. My question asked whether this information to the Union Carbide employees insofar as you know that were on your staff was transmitted to them during the period that you were Marketing Manager? MR. IVIE: I object. It is vague, ambiguous and unintelligible. He may answer. THE WITNESS: I would like you to try to make it more direct. MR. ROSEMAN: Q All right. During what period of time, if you know, was written information transmitted to employees on your staff about the hazards of asbestos? A The early '70's. Q With reference to the author of such information, do you know who wrote it? A Which information? Q The information thatwas given to the UCAREF00012298 NOON & PRATT 45 employees on your staff. A Various authors. .... Q Were some of .the authors on .the company payroll? . --- `A Yes. :.............................. . if, . . . MB. CASTALDI: Can we go off the record briefly? {There was a brief recess taken.) MR. ROSEMAN: Q May I ask you with reference to this document which is Plaintiffs' 1, you indicated a little earlier that this document, documents like it, are provided the Sales Department by the Promotional Department; is that correct? A Yes. Q Now, is the Promotional Department at the headquarters' office? A No. Q Where are they located? A In New York City. Q Do you know their address? A No, I do not. Q Do you know whether they retain their documents of this type, their promotional papers? A Retain them as far as the file copy? Q Yes. A I do not know. Q Did you, in the Sales Department, have a particular name or denominate this document in any certain way? UCAREF00012299 NOON & PRATT 46 I In other words, if you wanted this 2 document to be mailed out to one of the customers, 3 how would you designate it?' t ; y 4 .A --.Probably as information on ' asbestos 5 for tape joint compounds. 6 Q - Here there other documents that might 7 be utilized; for example, in the floor tile industry? 8 A Yes. 9 Q Are you familiar with these documents 10 sufficiently to tell us how often there would be a II new printing of them? 12 A No. 13 Q To your knowledge, did anyone from 14 Union Carbide conduct dust studies or dust tests 15 of any kind at the customers? 16 A Yes. 17 Q When, to your knowledge, did they start 18 doing that? 19 A As I recall, 1971. 20 Q Did the people who conduct these dust 21 studies come under your supervision? A Yes. 23 Q Did they belong to a special department? 24 A The Marketing Department, Marketing ;5 Group. 26 Q Were they essentially salesmen, also. 27 in addition to individuals who knew how to conduct 28 the studies? UCAREF00012300 NOON & PRATT 47 I A Maybe you should define studies. 2 Q Dust counts. ,3 .. ..r, :A - ; ; No. . . 4 Q Were there people in your group that 3 ' were trained to do dust counts? 6 A Yes. , 7 Q Did you know how to do dust counts? 8 A No. 9 Q Now, were the people who were trained to to do dust counts also salesmen? II A No. 12 Q Were thepeople whowere trained to do 13 dust counts in a special department that was limited 14 to that purpose? 1$ A No. 16 Q What title ortitles did theyhave? 17 A I cannot recall any exact titles. 18 Q What did they do for Union Carbide other 19 than take dust counts? 20 A Laboratory work. 21 Q What type of laboratory work? A Quality control verification, work on 23 new -- or work on applications for asbestos, and the 24 development of new products for varieties of 25 asbestos -- I am sorry, not varieties of asbestos, 26 but new asbestos products that could be made by 27 Calidria. 28 Q How many individuals were there in the UCAREF00012301 NOON & PRATT 48 Laboratory Department that participated in these 2 dust counts? 3 A Normally only one at a time. 4 . . Q Were you. the person that would decide- . 5 ' whether they would be sent to any particular location * 6 to do dust counting? 7 A Yes. Not necessarily me alone, but yes, 8 I would. ( 9 Q What are the factors that would go to 10 determine whether this individual should be sent to 11 one location or the other? 12 A Customer requests. 13 Q Would they, this person, be sent out to 14 do a dust count in any instance where he was not i. 15 requested by the customer? 16 A No. 17 Q Do you know whether there is any record 18 that would indicate the occasions that this individual ( 19 was sent out to do the dust counting? 20 A Would you repeat that one, please? 21 Q Can you tell us whether there is a record 7 > anywhere that would indicate the occasions, the dates or approximate dates this individual was sent out to 24 do dust counting? >< A Yes. 26 Q And how would that record be denominated? 27 Do you know what the record would be called? 28 A No. Let us say air monitoring reports. UCAREF00012302 NOON & PRATT 49 I I suppose, if it had a name. 2 Q Where are they located? Do you know? A in Niagara Falls. *wJr t 'flu. J ofJL'c&s ai ']).** tf&n' ` 4 Q r Do you know whether any such.individuals $ have.aver been sent to the Long Beach plant at GAF? _ 6 -. A No. 7 Q Do you know whether any such individual 8 was sent to the Kentile factory in Torrance? 9 A No. 10 Q Did you personally have anything to do It with taking orders from or making deliveries to the 12 Kentile factory in Torrance? 13 A I do not recall. 14 Q Did you ever visit the Kentile factory 15 in Torrance? 16 A Yes. 17 Q During what period or periods? 18 A I cannot recall. 19 Q Were you personally acquainted with 20 anyone at Kentile factory in Torrance? 21 A By personally? Q Did you know any individuals there by 23 name to this date? 24 A No. I am sorry. Do you mean do I 25 remember any of the names at this time? 26 Q Yes. 27 A No, I do not. 2X Q Do you know whether anyone from Union UCAREF00012303 NOON & PRATT 50 Carbide at any time visited the Kentile plant to do 2 dust counts? 3 .. . -A -'No, -again. - ^ ` ' ,4 . -Q rI think I asked you with reference to = 5 -'X3AF. 'rve .' i. ~.c::. " r:~ z.. -i- . r : 3' 6 A I think you asked both. 7 Q Did I? 8 A Yes. ( 9 Q I might have. Now, you answered some 10 Interrogatories. At least your name was signed to 11 Interrogatories that the plaintiffs in the DeWard c 12 case, I believe the Kentile case also, asked of 13 Union Carbide. Do you recall that? 14 A Yes. i 1$ Q And with reference to the Interrogatories 16 on the Simon DeWard case, it was indicated that there 17 were shipments made to the GAF plant in Long Beach in 18 1968 and then again commencing in 1971. Do you recall 19 on what information those Answers were based? 20 MS. GRIMES: May I request that you give 21 Mr. Myers the benefit of reviewing a copy of the V* Interrogatory responses? 23 MR. ROSEMAN: Sure. I am glad I looked at that 24 because I was mistaken in the date that I told you 25 in the '60's. 26 Just for the record, in response to 27 Interrogatory No. 21 on Page 19, it is indicated 2* there that Union Carbide did ship to the GAF UCAREF00012304 NOON 8, PRATT 51 I Corporation in Long Beach in 1964 and then commencing 2 again in 1971 through 1978. 3 Q I an going to hand you these 4 Interrogatories and the response to see if they 5 refresh your memory. 6 A What was the question? 7 Q The question was, on what information 8 did you base your responses to that particular 9 question; namely, that shipments were made in 1964 10 and then commencing again in 1971? II A It would be based on retained copies 12 of invoices. 13 Q Do you or does your company currently 14 have a group of retained copies of invoices? IS A Yes. 16 Q Where are they located? 17 A In King City, California. 18 Q Can you tell us whether they are 19 catalogued on a yearly basis, or if you want to 20 explain how they are catalogued, why, I will certainly 21 accept that as an answer. 22 A They are filed alphabetically. 23 Q By the customer? 24 A By customer name. 25 Q Are they demarcated further on a yearly 26 basis under the customer name? 27 A Yes. 2* Q Are you personally familiar with the UCAREF00012305 NOON 8i PRATT 52 I way these records are kept? 2 A Yes. . ,3. Q Now, can you tell us from your personal 4 knowledge of the way the records are kept whether it 5 does happen sometimes that invoices are not inserted 6 in the file? 7 A You would have to clarify that one. 8 Q Well, is it the case that sometimes an 9 invoice will not find its way to the proper file or 10 it might be lost -- II A Not to my knowledge. ' 12 Q Or disposed of in another way? Can 13 you tell us the procedure that is used in making up 14 these files and in retaining them? 15 A Yes. 16 Q Tell us that. 17 A I think the current procedure is on a 18 quarterly basis to insert invoices for the prior 19 quarter into the filing system. 20 Q Have the invoiced files been in the 21 same location over a period of years? A Yes. 23 Q For approximately how long? 24 A 21 years. 25 Q Who is the individual assigned to 26 compiling the invoices quarterly and inserting them 27 in the file? 28 A Not necessarily an individual. It UCAREF00012306 NOON & PRATT 53 1 would be someone in the office, of the office 2 personnel. 3 & In response to these Interrogatories;-.. 4 .did you personally visualize the invoices? .- 'r 5 A _ ~ - Not all of them. C 6 Q I see. Well, you obviously checked 7 the files where these invoices were located; is 8 that correct? ftr 9 A What do you mean by check? 10 Q Well, you looked at them? II A The files? t 12 Q Yes. 13 A I did not look at each individual 14 invoice in the file, no. IS Q I see. Well, do you know how the 16 numbers and figures in response to this Interrogatory, 17 I guess, 21, were determined? 18 A Yes. 19 Q How was that done? 20 A By adding up the quantities shown on t. > | the invoices for those particular years. Q Well, do you know who the individual zy was that did that? 24 A Yes. 25 Q Who is that? 26 A Mr. Vessels. 27 Q What is Mr. Vessels' first name? 28 A George. UCAREF00012307 NOON & PRATT 54 1 Q What is his position with the company? 2 A He is Plant Controller. 3 - Ir-sae.m.kYou, of course, have responded 4 to Interrogatories in other cases dealing with - ,* . S asbestos lawsuits; is .that correct? 6 A Yes. 7 Q Have you at other times provided similar 8 information as you have in this case with respect to 9 the sales of asbestos to Union Carbide customers? 10 A Yes. II Q Has ithappened on any occasion where 12 you have discovered that there were certain invoices 13 that were missing from any particular year? 14 A No. 15 Q So far as you know, then, the list and 16 the files that you have indicating the asbestos 17 delivered as indicated in response to Interrogatory IS 21 is accurate? 19 A Yes. 20 Q The only way youwould knowwhether 21 asbestos was delivered from King City, for example, to either the Kentile plant or to the GAP plant in 23 Long Beach was to consult these files; is that 24 correct? 25 A Yes. 2ft Q Do youknow how long Mr. Vessels has been employed by Union Carbide? 2K A Not exactly, no. UCAREF00012308 NOON & PRATT r l Q A long time? 55 A Over 25 years. 3 Q A long time. 4 A Because he has a watch, also. . 3 Q Now, are you familiar with the length * 6 of the fibers that are mined from the King City 7 location? 8 A Yes. r 9 Q To your knowledge, is there something 10 unusual about the length of the fibers that are 11 mined from the King City location? t 12 A Yes. 13 Q What would you consider to be unusual 14 with respect to the length? 1$ A The entire ore deposit is short fiber. 16 Q Well, does that have any significance 17 with respect to marketing the fiber? v 18 A Yes. 19 Q What significance is that? 20 A It very much limits the market. 21 Q To what type of product? A To products which use short fiber. Q Like what? 24 A For example, floor tile. 25 Q Now, is there any particular feature 26 of the short fiber, to your knowledge, that would 2? make the short fiber less of a hazard to one's 28 health than the longer fiber? UCAREF00012309 NOON 8. PBATT 56 1 A I am not qualified to answer. 2 Q Well, has anyone from Union Carbide 3 .advised you that the short fiber asbestos poses a 4 lesser problem to one's health than the longer ; 5 ' fibers? ' - ' . 6 `A No. 7 Q During your period of employment at 8 Union Carbide, did you become familiar with any kind 9 of a library facility where there are books, articles, 10 periodicals dealing with the subject of asbestos? It A The library specifically for that 12 purpose? 13 Q No. A library that contained books. U articles, periodicals dealing with that subject. 15 A Yes. 16 Q Where is that library located? 17 A I assume that any library would have 18 articles. There is one such library in Niagara 19 Falls. 20 Q I see. Well, at Union Carbide, of 21 course, I am referring to. A Yes. 23 Q Union Carbide facility? 24 A (Witness nods his head.) ;j Q Is there one at King City? 26 A At the plant? 27 Q Yes. 28 A No. ' '<s UCAREF00012310 *' V.' K IK C ; NOON & PRATT 57 1 Q Is there a Safety Department at King 2 City? 3 -c . i-.-.A No, unless you would want to define 4 Safety Department. Maybe I should ask that. 3 . .* ' Q Well, is there a department -- I should 6 say an individual that his main concern or function 7 is to be informed and disseminate information on the 8 health and safety of employees? 9 A Yes. 10 Q I see. Is it a department or an 11 individual? 12 A Yes. 13 Q Which? 14 A An individual. 15 Q What is his name? 16 A Daryl Garcia. 17 Q And what is his title? 18 A Safety and Health Supervisor. 19 Q For how long has he been employed at 20 Union Carbide? 21 A Approximately 20 years. Q Insofar as you know, does he go out to 23 the customers for any reason? 24 A No. Q His main function is right at King 2A City, then? 27 A Yes. 28 Q In answer to question -- or to UCAREF00012311 NOON 8i PRATT 58 1 Interrogatories, it was indicated that the Union 2 Carbide was a member of the Asbestos Information ) > .Association of North America. Do you recall that? 4 _/,... A _ -Yes. - . ..... 5 ' Q Do'you know for how long Union Carbide 6 has been a member of that group? 7 A No. I do not recall, unless it was in 8 the Interrogatory. 9 Q Have you attended any meetings of this 10 association? II A Yes. 12 Q When did you first attend such a 13 meeting? 14 A I do not remember. IS Q Was it before 1970? 16 A No. 17 Q Was it while you were in charge of 18 marketing in Niagara Falls? 19 A Yes. It would be between 1970 and 1981. 20 Q How many meetings did you attend? 21 A I have not kept count. I do not know. 22 Q Do you still attend those meetings? A Yes. 24 Q Can you tell us what the purpose of that organization is? 26 A The primary purpose is to disseminate 27 information on the health effects of asbestos. 28 Q Do you know whether that organization UCAREF00012312 NOON & PHATT 59 * 1 was formed prior to your ascending to the position 2 of Head of Marketing? ,3 : - A 4Q Was it fprmed prior to 1970?. , Yes. _. m. . .... 3. A No, I do not know. . .. >. * 6 Q There was also mention in the 7 Interrogatories of an Industrial Health Foundation. 8 Are you familiar with that? pc 9 A Familiar with what? 10 Q The Industrial Health Foundation? 11 A No. 12 Q Aside from Sid Brown, do you recall any 13 other purchasing agent that you dealt with at GAF? 14 A No. pc 15 Q Can you recall any purchasing agent you 16 dealt with at Kentile? 17 A Kentile, Torrance? 18 Q Yes. 14 A No. 20 Q Do you recall the procedure used in 21 ordering asbestos at Kentile, Torrance, whether it was any different from the one that we mentioned 23 you described with reference to GAF? 24 A What was the question? 25 Q Well, can you tell us what you can 26 recall about the procedure used in ordering and 27 delivering asbestos to the Kentile plant in Torrance? 28 A No. UCAREF00012313 NOON & PRATT 60 Q Did you, personally -- are you 2 personally familiar with the arrangement to sell 3 ;iivand deliver asbestos to Kentile? - 4 . ..A I am not sure what you mean. . 5 Q Well, during the period of 1970 to 6 1980 when you were marketing it, did you have any 7 thing to do with handling the account of Kentile? 8 A I think I did. 9 Q Do you have any recall of whether the 10 orders for asbestos from Kentile were made from a II central location as opposed to various branches of 12 Kentile? 13 A No. 14 Q Do you recall the name of any individual IS from Kentile that ordered merchandise from Union 16 Carbide? 17 A Kentile, Torrance? 18 Q Kentile, New York; Kentile, Torrance; 19 or anywhere? 20 A Yes. 21 Q Who was it that you recall? A Andrew Kennedy. 23 Q When did you first know Mr. Kennedy? 24 A I do not remember. Q What is it that you recall about Mr. 26 Kennedy? 27 A In what way? 28 Q Well, in any respect. Do you recall UCAREF00012314 NOON 8t PRATT . I him being associated with Kentile? 61 2 A Yes. . 3 .... . Q ... Do you recall that, he worked for Kentile 4 in New York? , ,, __ _ ' .. . - 3 A Yes. - . . -_, . r 6 Q Did you personally speak with Mr. Kennedy 7 with respect to ordering and delivering asbestos? 8 A Yes. 9 Q Do you recall when it was that you first 10 communicated with him? II A No. 12 Q Do you recall over what period of time 13 you communicated with him? 14 A No, I do not. 13 Q Do you recall when you last communicated 16 with him? 17 A Probably 1990 or 1981. 18 Q I see. Do you remember any of that 19 associated with the closing of the Kentile plant in 20 Torrance? 21 A Any event? 39 Q Do you remember when the Kentile plant 23 in Torrance closed? 24 A No. 2? Q When you shipped merchandise to Kentile, 2ft was it shipped to a central location as opposed to 27 being shipped to some of the periphery plants, such 28 as Torrance? UCAREF00012315 NOON & PRATT 62 1 A What is the question? 2 Q Well, you did ship merchandise to 3 Kentile; is that correct? I ( 4 A Yes. : - 1 5. Q To what location did you ship it? . 6 A Various locations. 7 Q And in the case of Kentile, didyou 8 receive orders from various locations, also? 9 A I think so. 10 Q We have mentioned Torrance and we have II mentioned New York with respect to Kentile. 12 Do you recall there was any other 13 location that you shipped asbestos to? 14 A Yes. IS Q What other location? 16 A Chicago. 17 Q Were all the shipments made from the 18 King City location? 19 A Yes. 20 Q And in the case ofKentile, did you 21 receive orders for asbestos from certain sales offices? A I think so. 24 Q You seem a little uncertain about what ;j the procedure is. 26 A I cannot recall every company,whether 27 it was from the Kentile location or through a sales 28 office. UCAREF00012316 NOON & PRATT 63 Pv 1 I would answer like I did earlier. It 2 would have probably ]).&* loo'Me 3 . Q . - Now, with respect to Plaintiffs' 4 Exhibit 1, to. your knowledge, was this document 5 sent to Kentile? . : 1 . PC 6 . A Not to my knowledge. 7 Q To your knowledge, was a document like 8 it, similar to it, sent to Kentile? 9 A I do not know. 10 Q Likewise, with respect to Kentile, if 11 such a document were sent to Kentile, would there PC 12 be a record made of it, mailing or other delivery? 13 A Not a record available today, no. 14 Q In answer to Interrogatories, it was P. 15 indicated that there was testimony given by a 16 representative or representatives of Union Carbide 17 before the United States Department of Labor in the P' 18 OSHA hearings. 19 Do you know who it was that testified 20 as a representative of Union Carbide? 21 I am pointing now to Interrogatory 34 and its response. 23 A What was the question, then? 24 Q The question is, do you know the name 25 of the individual who gave testimony for the 26 Department of Labor in connection with the OSHA 27 hearings? 28 A In 1972? UCAREF00012317 NOON & PRATT 64 1 Q Yes. 2 A Yes. 3 Q Who was it? .. .. . . . . 4 ..A J. w.Rawlings. -- `C '* 5 ^ - . ~Q L.iWhat was Mr. Rawlings' position with 6 the company? 7 A I think he was Vice President of the 8 Metals Division. 9 Q . And the same response to Interrogatory 10 34 indicates the testimony was given before the II Cal. OSHA Health Standard Board in 1979 in Fresno 12 and in San Diego. 13 Do you know who it was that testified 14 on behalf of Union Carbide on that occasion? IS A I am not sure. 16 Q Have you at any time testified at any 17 governmental hearings dealing with the subject of IK asbestos? 19 A Yes. 20 Q What hearing orhearings haveyou 21 testified? n A I cannot recall the dates. Q Approximately. 24 A That may have been me at those Cal. 2j OSHA hearings you mentioned. I cannot recall for 26 sure. 27 Q I see. Well, do you recall giving 28 testimony having to do with the subject of UCAREF00012318 NOON & PRATT 65 i 1 establishing standards for the safe use of asbestos? 2 A You would have to -- I am not sure I 3 understand exactly. - . 4 Q Do you recall, when you testified, in 3 " front of what type of body you testified? ( 6 - A The question is what type of body? . 7 Q Yes. 8 A The regulatory agency. ( 9 Q In California? 10 A Yes. 11 Q What was the nature of the testimony C 12 you gave? 13 A I cannot recall. 14 Q Do you know for what purpose you gave ft. 15 your testimony? 16 A For the purpose of providing information 17 to the hearings, but I do not recall the specific 18 nature of the testimony. 19 Q Did you testify with reference to a 20 recommendation for the TLV with respect to asbestos 21 dust? 22 A 2} Q No, not that I recall. Do you know what the phrase, "shrink 24 film" refers to? 2< A Yes. 2ft Q That has reference to the packaging in of the asbestos product by Union Carbide? 28 A Yes. UCAREF00012319 NOON & PRATT 66 r ] Q Can you tell us how the shrink film 2 packaging might differ from other types of packaging? .<.*4,. ' .3, 4 H` * j j, 6 ,, i.rA . . _Yes. . Q Please do. -- A.- . Shrink film is used on many things, such as things you buy in a store. . " 7 A razor or something has plastic which 8 is shrunk around so it conforms to the shape of the it 9 razor. 10 We package our asbestos in paper bags II and then apply a wrapping of plastic which is shrunk 12 by heat to provide a tight package. 13 Q I see. Of course, you have brought a 14 package with you today; is that correct? 15 A Yes. 16 Q At least a bag that resembles the 17 package that is used; is that correct? 18 A Yes. 19 Q Is this bag that you brought with you 20 today the package -- the bag that is used in packaging 21 asbestos today? A Yes. 2} Q For how long has this particular bag 24 been used? 25 A I could not say^fhat one has not been 26 used at all. Q Well, this type of bag. And, of course. 2K it has -- UCAREF00012320 NOON & PRATT 67 I A I cannot say how long it has been in 2 use. I cannot remember. 3 . .Q . Now, do the invoices in your files 4 indicate whether delivery was made in packages that s were subjected to the shrink film process? " 6 ..A No. 7 Q Is there any way that one could determine 8 whether the packages were shrink-filmed by looking at 9 invoices or any other paperwork? 10 A No. I do not think so. 11 Q At this time, are all of your packages 12 done in a shrink film made process? 13 A No. 14 Q Some aredelivered in these paper 15 packages, such as what we have here today; is that 16 correct, and some are done with shrink film? 17 A Yes. 1R Q At thebottom ofthis particular 19 package there is a statement to the effect that it 20 has a net weight of 40 pounds. 21 I imagine that there are other bags for the purpose of shipping merchandise with 2.1 greater weight in them; is that correct? 24 A Yes. Q For how long has the shrink film method 26 been utilized? 27 A I cannot recall when that was started. 2K Q I think before I ask you any additional UCAREF00012321 r NOON & PRATT 68 1 questions, I think I would like you to just peruse 2 the documents which you and your attorney have brought 3 .with you today.in response to our request for 4 production, the first of which is a bag that we have 5 been talking about. The designation on the bottom pc 6 is 40.pounds. Off the record. 7 (There was a brief discussion off 8 the record between counsel.) PC 9 MR. ROSEMAN: Q Mr. Myers, your counsel has 10 brought certain documents to this deposition in 11 response to the Notice to Produce. . PC 12 Have you seen that Notice, by the way? 13 A Yes, I have. 14 Q Have you reviewed the documents that PC 15 are here today? 16 A I have not reviewed each single page 17 of all of them, but primarily the invoices which 18 are the major part of that. I have not reviewed 19 each individual invoice. 20 Q Turning to the invoices which I am 21 going to mark, the first invoice has a date on it 22 of May 5, 1964, and I will mark that 3 in the upper 23 right-hand comer as I will mark all of these items. 24 For want of a better word, we will not use the term 25 exhibits because we are not entering them into 26 evidence for the purpose of the deposition. 27 In any event, I am marking the May 5, 28 1964 invoice as 3 and the July 30, 1964 invoice as 4, UCAREF00012322 NOON & PRATT 69 ( and ask you to please look at these and identify 2 them for me 3 ^ .- Are those accurate copies of invoices 4 _ that you pulled from your file in preparation for::- 3 this proceeding? .' ( 6 A. Yes. 7 Q And do those two invoices indicate the 8 sale and delivery of asbestos to the Long Beach plant C 9 of GAF? 10 A No. 11 Q Mastic Tile Division -- excuse me. t 12 No. 3 is addressed to Ruberoid Company and Mastic 13 Tile Division. Do you understand these two entities 14 to be predecessors in interest to that plant at Long 15 Beach that GAF did business at? 16 A Yes. 17 Q And No. 4 is addressed to the Ruberoid IX Company; is that correct? * 19 A Yes. 20 Q And then it also indicates a delivery 21 to the Long Beach plant; is that correct? A Yes. Q Do you know when the earliest records 24 are kept at King City with respect to the invoices? A Yes. 26 Q What is the earliest date the records are kept? 2X A 1963. UCAREF00012323 NOON & PRATT 70 9 i Q Now, these invoices have the designation on of standard rate asbestos pallets. Can you tell 3 us please whether this term is used to describe the 4 asbestos that was packaged? - 5 -- A -Yes. . * 6 Q Can you tell us whether this material is 7 used to designate a form of asbestos; is that correct? 8 A Yes. V. 9 Q Can you tell us what these pallets are? 10 A Yes. 11 Q What are they? e : 12 A They are a pjll^t-shaped form of our 13 Calidria asbestos which is approximatelyone-quarter 14 inch diameter by one-half inch long. r 15 Q Now, I am showing you what we are going 16 to mark as No. 5, and is this an invoice which 17 designates that a shipment be made to Kentile in 18 Torrance and dated Fdaruary 28, 1965? 19 A Yes. 20 Q And No. 6 which I am handing you, does 21 that have a shipping date of February 28 -- excuse me, but February 28th, '65, which is a designation 23 of a shipment to Kentile in Torrance? 24 A Yes. Q Okay, No. 7, ashipment date ofMay 19, 26 20, 1965, with a shipment to Kentile in Torrance? 27 A Yes. 28 Q No. 8, a shipment date ofOctober 21st, UCAREF00012324 NOON & PRATT 71 1 1965, to Kentile in Torrance? 2 A What was the date used? 3 : Q -October 21, 1965. 4 . A. Okay, yes. ... . 5 Q And No. 9, a date of 6/16/66 to Kentile 1 6 in Torrance? 7 A Yes. 8 Q No. 10, 7/14/66, to Kentile in Torrance? 9 A Yes. Could we go back -- can you 10 determine from the record whether this was October 21, 11 what year was given? 12 Q That is, I think -- I did give a year 13 of 1965, and that is a little blurred there, but if 14 you look on the left-hand side, it has a '65 date 15 on it. 16 A I thought you said '68. 17 Q Well, that was No. 8? is that correct? 18 A (Witness nods his head.) 19 Q We will go on to No. 11 which has a 20 date of shipment of 9/7/66 to Kentile plant in 21 Torrance ; is that correct? A Yes. 23 Q No. 12, shipment date of 8/18/66 to 24 Kentile in Torrance? 25 A Yes. 26 Q No. 13, a date of 8/29/66 to Torrance, California, but that is obviously to Kentile in 28 Torrance ; is that correct? UCAREF00012325 NOON & PRATT 72 1 A Yes. > Q This next one which is 14 has a date on 3 of 9/1/66 to.Kentile Floors "in Torrance; is that 4 correct? i .. SA 6` Q Yes. . No. 15 an invoice date of 9/9/66 to - 7 Kentile in Torrance? 8 A Yes. 9 Q No. 16, invoice date of 9/13/66 to 10 Kentile in Torrance? 11 A Yes. 12 Q No. 17, 9/20/66 to Kentile in Torrance? 13 A Yes. 14 Q 18, shipping date of 11/7/66 to Kentile 15 in Torrance? 16 A Right. 17 Q 19, a date of 11/21/66 to Kentile in 18 Torrance? IV A Yes. :o Q 20 -- 21 A Let me question this one. Q You are looking at 19 now; is that 23 correct? 24 A No. 19 has a shipment to an address 25 typed in of Brooklyn, New York, with a handwritten 26 "Torrance?." 27 Q And the basis of that document, are you :k ever able to tell where the shipment went? ' i; UCAREF00012326 NOON & PRATT 73 A No, I could not tell for sure. Q I am handing you No. 20 which has an invoice date of 11/29/66, indicating a shipment to Kentile in Torrance; is that correct? ' A Yes. Q 21, an invoice date of 12/16/66, a shipment to Kentile in Torrance? A Yes. Q 22, 12/15/66 invoice date to Kentile in Torrance? A Yes. Although No. 22 also has type written an address in Brooklyn and handwritten, "Torrance, California." Q And 23 has an invoice date of 1/16/67 to Kentile in Torrance? MB. IVIE: Can we go off the record for a moment ? (There was a discussion off the record between counsel.) MR. ROSEMAN: I do not have any additional questions to ask Mr. Myers. Do you have any questions? MR. CASTALDI: Not unless those documents ;4 have something other than the names of Kentile or Union Carbide. In reviewing those, have you seen any names other than that? MR. ROSEMAN: No, I have not seen any of what UCAREF00012327 NOON & PRATT I 1 I have reviewed. 74 2 MR. CASTALDI: Maybe I could just briefly and .3 quickly browse through them. ~ 4- I thought that you might identify them, J during the course of the deposition, but since that . ft 6 is not going to be the case, I will quickly go 7 through them. 8 MR. ROSEMAN: We will mark as the next exhibit < 9 in order which is No. 2 a copy of the Stipulation and to Protective Order that was entered into by Gibson, It Dunn and Crutcher and plaintiffs' counsel with 12 reference to the items brought to this deposition * 13 in response to the Notice to Produce, the original 14 of which has been signed, and I understand, will be V- 15 filed with the court. 16 MS. GRIMES: That is correct. 17 (The document referred to was 18 marked by the Notary Public as 19 Plaintiffs' Exhibit No. 2 for 20 Identification, a copy of which is 21 attached hereto.) MR. CASTALDI: I do have a few questions, sir. 23 :4 EXAMINATION 25 BY MR. CASTALDI: :a Q Sir, my name is Joe Castaldi. I 27 represent one of the other defendants in the lawsuit :h filed by Mr. Roseman's clients. UCAREF00012328 NOON & PRATT 75 I You indicated that you had sent 2 some of your people to conduct dust counts at some 3 ..customer facilities; correct? 4 .. A Yes. '' '" S Q At any of those facilities,- is it your 6 :understanding that the results of those dust counts 7 were in excess of the threshold limit value standard 8 for that particular time, respective to the period 9 of time that they actually went there, since I do 10 understand that the threshold limit value has II changed over the years? 12 A I cannot answer that. I do not know. 13 Q In regard to the periods of time when 14 customers had requested that one of your people 15 conduct a dust count, do you understand or have any 16 knowledge as to why such requests were made? 17 A Yes. 18 MS. GRIMES: Objection; calls for speculation. 19 MR. CASTALDI: Not if he has -- well, in any 20 event, what is your understanding? 21 MS. GRIMES: I move to strike the answer. ii MR. CASTALDI: Q What is your understanding, 33 sir? 24 A Beginning in 1972, OSHA required an 33 initial dust monitoring of anyone using asbestos, 26 and we encourage people to follow that requirement. 27 Q Were your services or the services of 28 the maui who worked with and under you provided at UCAREF00012329 NOON & PRATT 76 1 no extra charge in regard to the dust counts? 2 A Yes. 3 , .. Q . - -.If there were dust counts that were in 4 excess of the special limit value at customer 5 facilities that your man had gone to, this would - 6 be reported to the customer; is that correct? 7 A Yes. 8 Q Beyond reporting that to the customer, 9 would you or any of the men who had gone to take the to dust counts perform any further function beyond II merely reporting that the dust count there was 12 within the threshold limit value of exceeded it? 13 A No. 14 Q So you or your men would not report to IS OSHA in regard to a dust count that was in excess of 16 the threshold limit value; is that correct? 17 A Yes. 18 Q You can rest a little bit. Those are 19 the questions I had in light of other than these 20 documents. I do not have any more questions at 21 this time. MS. GRIMES: Do you want to stipulate? 23 MR. ROSEMAN: All right. We can stipulate that 24 the deposition be signed under the penalty of perjury and that the parties be informed within -- well, 26 probably within 30 days of the return of the 27 deposition of any corrections. 28 The original of the deposition will be UCAREF00012330 MOON ft PRATT 77 i lodged with defendant's counsel for safekeeping, and if the original is not available at the trial of 3 .this matter or any other proceedings, it requires .. 4 that a copy be used in its stead. -- 5 GRIMES:- So stipulated. *1 * . . - C 6 ' MR. ROSEMAN: And let us mark as Exhibit 2-A 7 the "Notice to Produce." 8 (The document referred to was w 9 marked by the Notary Public as 10 Plaintiffs' Exhibit No. 2-A for 11 Identification and is being retained 12 by counsel.) 13 MR. ROSEMAN: I will get the reporter a copy 14 and send it to her. I IJ The parties have agreed that the 16 documents presented at the deposition in response 17 to the Notice to Produce be continued in the custody r 18 of defendants with the proviso that defendants mark 19 each document consecutively and number the document 20 beginning with No. 3, and that thereafter they will r 21 provide me with a copy of it, and that the bag and 31 the other documents be retained with the original stamping by defense counsel in preparation for the :4 trial of this matter. 2< MS. GRIMES: So agreed. 2b (I declare under the penalty of perjury that the foregoing testimony is 28 true and correct.) UCAREF00012331 noon & PRATT 78 r (Executed on Gr ^ 1984, at /oc ftu^e.les____________ -California.) >' - '` 26 UCAREF00012332 NOON & PHATT 79 1 STATE OF CALIFORNIA ) ) ss . 2 COUNTY OF LOS ANGELES ) 3 4- t JENNIE BABICH ... ________________________ ~ '1 ' 3 Certified Shorthand Reporter, No. 3029 , . and Notary. . *' **' **-*',"*, r 6 Public within and for the County of Los Angeles, State . 7 of California, do hereby certify: 8 That the foregoing deposition of 9 JOHN L. MYERS was taken before 10 me pursuant to Notice____________________________________________ , II at the time and place herein set forth, at which time 12 the witness was put on oath; 13 That the testimony of the witness and 14 all objections made at the time of the examination 13 were recorded in shorthand and were thereafter trans 16 cribed under my direction and supervision; 17 That the foregoing deposition is a true 18 record of the testimony and of all. objections made at 19 the time of the examination. 20 I further certify that I am neither 21 counsel for nor related to any party to said action, 22 not in anywise interested in the outcome thereof. 23 IN WITNESS WHEREOF, I have subscribed my 24 name and affixed my seal this _____ day of September , 23 19 84 . 26 27 NOTARY FU3LIC IN AND FOR THE COUNTY 28 OF LOS ANGELES, STATE OF CALIFORNIA UCAREF00012333 II GIBSON, DUNN & CRUTCHER CHARLES C. IVIE 2 ELIZABETH A. GRIMES MICHAEL T. WILLIAMS 3 333 South Grand Avenue Los Angeles, California 90071 4 (213) 229-7000 5 Attorneys for Defendant UNION CARBIDE CORPORATION 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 SIMON DeWARD, ) ) 11 Plaintiff, ) 12 v. 13 JOHNS-MANVILLE, et al., ) ) ) ) ) 14 Defendants. ) ) 15 ;) 16 MODESTO GOMEZ, ) ) ) 17 Plaintiff, ) 18 v. ) ) 19 JOHNS-MANVILLE, et al., ) ) ) 20 Defendants. ) 21 .: 22 CARLOS M. GONZALES, 23 Plaintiff, 24 v. 25 JOHNS-MANVILLE, et al. , 26 ) ) ) ) ) ) ) ) > ) NO. C 296717 STIPULATION AND PROTECTIVE ORDER NO. C 310916 NO. C 310917 III Name __________________ III Date f/.ScJ'i'*/..----------------------------- Identification P/an'n'fy'-f-fs.^Ll-- UCAREF00012334 Ii 1 GABRIEL VALDES, ) NO. 310915 2 3 V. ' 4 JOHNS-MANVILLE, et al., 5. Defendants. 6 7 FRANCISCO O. VILA, ) NO. 310918 8 Plaintiff, 9 v. 10 JOHNS-MANVILLE, et al. , 11 Defendants. 12 13 ) ) ) ) ) ) 14 IT IS HEREBY STIPULATED AND AGREED by and between 15 the undersigned attorneys for defendant Union Carbide 16 Corporation ("Union Carbide") and plaintiffs Simon DeWard, 17 Modesto Gomez, Carlos M. Gonzales, Gabriel Valdes and 18 Francisco O. Vila ("Plaintiffs") as follows: 19 20 1. This Protective Order shall apply to all writings 21 as defined in California Evidence Code Section 250 and other 22 items, copies thereof and their contents produced by Union 23 Carbide in response to plaintiffs' Request for Production 24 [CCP 2031] ("such writings") as to which protection is 25 expressly claimed by Union Carbide at the time of production. 26 The documents to which this Protective Order shall apply 27 include all such writings identified in the Response of 28 Union Carbide Corporation to Plaintiffs' First Request for 2 UCAREF00012335 1 ' y* 2 *. s 'A 6 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Production of Documents. >_<'I. - - , _ 2. Plaintiffs and their counsel shall not in any . ... manner,..directly or indirectly, transfer such writings- or .. -j> copies of such writings, or communicate,- orally or in writing any of the data contained in such writings to any person other than for purposes directly related to trial of these cases only. Plaintiffs and their counsel may only transfer or communicate such writings to a person (a) to whom it is necessary and who is required to receive such transfer or communication for purposes directly related to trial of these cases, and (b) who is also an agent, representative or employee of plaintiffs or their counsel, or an expert consultant or court reporter. Any such person to whom any such communication or transfer is made shall be bound by the terms of this Protective Order. Under no circumstances shall plaintiffs or their counsel transfer or communicate such writings to any other person who has claims, past, pending or future, of exposure to asbestos, or to any other counsel or law firm other than the Law Office of Steven Roseman. 3. Any person permitted access to such writings except a Judge of the above-entitled Court, or a Court Clerk or other employee of said Court, at the trial of these matters, shall treat such writings as confidential and shall not disclose, divulge, reveal, describe, transmit the original, III III 3 UCAREF00012336 1 copies or any other copy or summary of such writings, or otherwise communicate such writings to anyone, except to other 3 persons who have been permitted access under the terms of 4 this Protective Order, and shall "maJce "no use of such writings 5 other than for purposes directly related to the trial of these 6 cases only. 7 .. . 8 4. Plaintiffs and their counsel shall not make use 9 of any such writing as an exhibit to any pleading, motion, 10 affidavit or declaration before the trial in these cases. 11 Plaintiffs and their counsel shall give notice to Union Carbide 12 and its counsel prior to making use of any such writing 13 as an exhibit at a deposition, hearing or at trial, so as 14 to give Union Carbide and its counsel the opportunity to 15 request in camera treatment and take like protective measures. 16 5. Each person, including a court reporter, who is given access to such writings or the information derived from such writings shall be advised that the information is being disclosed pursuant to this Protective Order and may not be disclosed other than pursuant to the terms hereof. The attorneys of record for Plaintiffs in these actions shall assume responsibility for the following: /// (a) to instruct each person given access to such writings or information derived from such writings that such writings are subject UCAREF00012337 1 to this Protective Order; 2e 3 .. .(b) to instruct.each person given access 4 -...to. .such, writings or. information derived from 5 such writings of the terms of this Protective 6 Order and that they are bound by this 7 Protective Order; and 8 9 (c) to inform Union Carbide in writing 10 of all persons who were given such writings, 11 including all copies of such writings or 12 summaries thereof. This list should be sent 13 to Union Carbide at the termination of these 14 actions along with the return of such writings, 15 as provided by Paragraph 6 below. Such list 16 should include the name, address and description 17 of the writings received by each person. 18 19 6. Upon termination of these actions, all writings 20 produced hereunder, including all copies of such writings, 21 I i 22 shall be returned to Union Carbide with an affidavit from the attorneys returning them that they have complied with all 23 of the terms of this Protective Order. Termination of these 24 actions means settlement and release of all claims or final 25 judgment or other resolution by the Court which disposes 26 of all claims. 27 Ill 28 III tctiaf 5 n UCAREF00012338 1 7. Any summaries of such writings shall be 2 destroyed at the termination of these actions. The affidavit 5 required in' Paragraph 6 above shall expressly include a -is* *;f r*'*?***;-*--*. t-*.* ' ` ' 4 representation that, such-summariesjhave.'been-.destroyed. 5 ..`- V . - ; ' 6 8. The termination of these lawsuits shall not 7 relieve any person permitted access to such writings 8 pursuant to this Protective Order from the obligations 9 set forth herein. 10 11 9. Neither this Protective Order nor the consent 12 of counsel to the form thereof shall in any way constitute 13 a waiver of the right to raise or assert any objections 14 which may hereafter be raised or asserted in regard to the 15 documents furnished subject to this Protective Order, including, 16 /// 17 /// 18 /// 19 20 21 22 23 24 25 26 27 28 Idler 6 UCAREF00012339 1 but not limited to, defenses or'objections-with respect to the 2 iie>1 relevancebr-admissibility of"ahy-6f such writihgs or'' 3 theirV Contents1.r ~2 ' - : - -v' - 4 6 -DATED: 6 7 August 30, 1984 GIBSON, DUNN & CRUTCHER CHARLES C. IVIE ELIZABETH A. GRIMES MICHAEL T. WILLIAMS 8 9 By_____________________;__________________ Elizabeth A. Grimes 10 Attorneys for Defendant 11 UNION CARBIDE CORPORATION 12 13 DATED: August 30, 1984 LAW OFFICES OF STEVEN ROSEMAN 14 15 By____________________________________ Steven Roseman 16 Attorneys for Plaintiffs 17 18 19 ORDER 20 It is so ordered. The Court does not consider this 21 Stipulation binding upon Court personnel or Court exhibits. 22 23 DATED: 24 HONORABLE CHRISTIAN E. MARKEY JUDGE OF THE SUPERIOR COURT 25 26 27 28 7 UCAREF00012340 UCAREF00012341 TMl 0-SC0v( COu'tiT t S '/-- T-' V. * /\* Z.-T c> . AJCrr Mt- / <TcT o ^ r /Z^r> -To SZyf /Set* in. Ct>, Li.rii r-\. ":f? "CALIDRIA" ASBESTOS SS-130 AND SG-210 * For Tape Joint Compounds . k.-***.: Lowers Costs Two WoyS Enhonces Sondobility CALIDRIA Asbestos acts as a body* ing and secondary thickening agent permitting formulation of lower den sity, more economical tape joint com pounds without the sacrifice of per formance. CALIDRIA Asbestos is produced by a proprietary manufactur ing process that yields unusually high fiber content and more complete fiber liberation from the natural bundles. As a result, CALIDRIA Asbestos goes up to twice as far, pound for pound, as commercial grades of as bestos containing large amounts of other filler materials that have no specific desirable effects on tape joint compound properties. CALIDRIA Asbestos contains mainly chrysotile fiber and is essentially free from abrasive contaminants, such as magnetite and serpentine rock dust. This composition results in a low density product, free from con taminants that interfere with sanding. Improves Uniformity Narrow and well-controlled particle size distribution, low alkalinity and high brightness are characteristic of CALIDRIA Asbestos. These proper ties are consistent from batch to batch and improve the uniformity of tape joint compounds using CALIDRIA Asbestos. Reduces Cracking - Suggestions for Use of CALIDRIA The fibers of CALIDRIA Asbestos Asbestos behave as an active lyophobic colloid CALIDRIA Asbestos can be readily in aqueous dispersion; by this mecha used in your present tape joint compound nism CALIDRIA Asbestos increases formulation. Add approximately one-half tape joint compound liquid cohesive the proportion of asbestos you now use. strength during drying. Increased Increase the proportion of calcium carbon liquid cohesive strength greatly re ate or other inert filler to make up for the duces the tendency for cracks over lower quantity of asbestos. You may also nail holes, in (hick sections at the be able to use slightly more water in your center of the joint, and along the ready-mix and maintain your present vis Name Date feathered edges. 'fH J2_---- sffnn. *' &}s> JSI'J' / cosity level. No other changes in your Oclobar, 1961 F-42256 Identification CALIDRIA, C.LLQ5jZ_B_. UCAIt^ and UNION CARBIDE iff ude Ua* Ctrbadr Coipwatio, UNiQN CARBIDE CORPORATION CHEMICALS AND PLASTICS 27D PAPK av/PWim m v m v mrver UCAREF00012342 "OALIDRIA" ASBESTOS SG-130 AND SG-210 For Tope Joint Compounds Suggestions for_Use of CALtfiRlA -- bedding-6*eifipounds' dr perhaps sparkling r' y-> __A>t>e^lO^-(Cojtiauej)-^--^^^^ram^,>,,lnd The SG-210 h'as.the finer partT' ' __ .formulation or manufacturing procedure cle size and is favored for topping com- . are required. ' pounds ^ all-purpose compositions, texture ' ^ ^ | ^CSLI&RlA Asbestos SG*T30 has' t"Be TT paints, and similar formulas. coarser particle size; it finds use for - >< * ' \ >< < B C A Suggested Reody-Mix Tope Joint Compound For Use With CALIDR1A Asbestos Ports by Weight Dry Bosis Fillers: Calcium Carbonate, No. 1 White (Thompson Weinman)............................................... Mico, P80F (Western Mica)........................................ ........................................................... Clay, ASP-400 (Minerals and Chemicals Philipp Corp.)............................................. CALIDRIA Asbestos, SG-210 (Union Corbide).............................................................. 61.42 21.00 4 00 4 58 Binder: UCAR Latex 131 (Union Carbide)....................................................................................... 6 60* Workability Control Agent: CELLOS1ZE Thickener, TJC Grade (Union Carbide)................................................... 0.50 Drying Control: Ethylene Glycol (Union Carbide).......................................................................................... 1 00 Defoamer: "Nopco" PD-1 (Nopco Chemical Company)................................................................... 0.10 Dispersant: "Doxod" 30 (Dewey & Almy Cbemicol Div.)................................................................... 0.60* Bocleriostat: "Dowicide" A (Dow Chemical Co.)................................................................................... 0 20 100.00 Total Water: obout 56 parts by weight per 100 parts dry solids *Confeind oli4 boiif 2 UCAREF00012343  ft t ( ft ft ( c ft c ft ft ft "CALIDRIA" ASBESTOS SG-130 AND SG-210 For Tope Joint Compound* Typical Product Choro- c- l.er i(sfics . . T: ' Peflepionct (G.E. Photovolt) ........................... Contained magnetite............................................ Alkalinity (as 5 of NojO)................................. pH (55 oqueous slurry)........................................ Surface oreo (BET)..... ......................................... Oil Adsorption (OOP f/lOOf osbestos)......... Wet Bulk, settled vol. (ml.) 10g/250 ml./l hr. Dry Bulk (*/ft.S) ................................................. Water absorption (wt. % in filter cake) ......... Sire distribution (cumulative % retained) Wet Screen mesh size 100.................................................... 200 .................................................... 325 ................................................................. CALIDRIA Asbestos SC-130 - SC-210 685 25 mox. ---~~ 0.05 to 0.06 8.5 io 9.5 50 lo 60 m Vg. 90 to 100 200 7 to 8 55 to 60 no to 120 220 5 to 6 62 to 65 5 17 28 to 32 Troee 3 10 to 15 Pockoging and Shipping Information Product Form - Opened (finely ground) chrysotile osbestos fiber. Pockoging -- One Pockage.......................................................................................... Pallet Weight Carload ............................................................................................. Truckload .......................................................................................... Skipping -- Classification - asbestos shorts Rail point of origin - Welby, California (King City, California) CALIDRIA Asbestos SG-130 SC-210 40 lb. 30 lb. * 1.600 lb. 2,000 lb. 1.050 lb." 1,500 1b. TOXICOLOGICAL PROPERTIES It has been known for many years that some persons working in asbestos produc tion were prone to develop a disabling lung disease. In time, this condition became known as asbestosis and was related to exposure to high concentrations of asbes tos dust. With further experience, it was found that men could work with asbestos without development of lung disease if dust concentrations were kept below a certain level. It is now generally accepted that a man can work a 40-hour week for a lifetime without developing asbestosis if the asbestos dust particle count is kept at or below 5 million particles per cubic foot of air. This dust concentration of 5 million particles per cubic foot of^air is the Thresh old Limit Value for asbestos, and no cases UCAREF00012344 'CALIDRIA" ASBESTOS S'S-130 AND SG-210 TOXICOLOGICAL PROPERTIES (Continued) 49* . *' "+ * %T*.` _ of asbestqsis an believed to have occurred ^(flow systems, wet processes where.-possfc (-when exposures* have been,maintained at Me, and adequate exhaust ventilatioirwhere -''or below ibis' level, despite large-scale openings-in "the system are necessary. .utilization (now approaching one million '^Pelletizing is sometimes used to improve tons per year in the U.S.A.). This concen the handling characteristics of otherwise tration of dust is generally not visible in dusty materials. There satisfactory con the average work area unless a beam of tainment to stay within the Threshold Limit light causing a Tyndall effect is present. Value is impractical or impossible, effi Usually the dust concentration must be cient and reliable respirators are available from 8-10 million panicles per cubic foot for the protection of the employee. A pro before its presence is visible in average gram of environmental monitoring in manu lighting conditions. facturing operations is highly desirable to Several years ago, it was reported determine that Threshold Limit Values are that there was an increase in the incidence not being exceeded. Employees should ' of cancerous tumors, especially of the lung, wear respirators where dusting occurs in associated*with asbestosis. Recently there finishing products such as sanding taped have been reports of some cancers occurring joints.' . in individuals exposed to asbestos dust, Pre-employment and periodic physical but who have not developed clinical as examinations of workers are desirable. bestosis. It is believed by most authorities These should include chest X-rays to in that these cases have been associated sure that the worker has no chest con with exposures significantly exceeding the dition prior to work with asbestos and to Threshold Limit Value. A major manufac determine that no lung changes are result turer of asbestos products who also mines ing from work with asbestos. asbestos has not been able to show an in In conclusion, while asbestos dust crease in cancerous growths in men work in excess of the Threshold Limit Value is ing where dust concentrations were main potentially harmful, as are many other tained at the Threshold Limit Value. dusts encountered in industry, it is as. Control of asbestos dust exposure is therefore necessary. The control methods are the standard ones applicable to a variety readily controlled as other such dusts and it can be used safely with appropriate * precautions. of dusty operations. They include closed '' 4 UCAREF00012345 "CAL1DRIA- ASBESTOS SC-130 AND SG-210 For Tope Join* Compounds > I 4 * "'V: :-. +:*j>, Vj* RELATIONSHIP BETWEEN WATER & OIL ADSORPTION CAPACITY OF SOME ASBESTOS PRODUCTS FOR TAPE JOINT ADHESIVE FORMULATIONS UCAREF00012346 > THE DISCOVERY COMPANY Sa/es Offices . UNIOBLCARBIOE CORPORATION ____ ^CHEMICALS AND PLASTICS 270 PARK AVENUE. NEW VORK.N.Y. 10017 v- < United State *< ATLANTA GEORGIA 30309..................................... 1371 Peschtree St_ N. E.........................404-892.7500 BALTIMORE. MARYLAND 21207............................ Beltway Bldg.. 6707 Whilestona Rd.____ 301-944-8211 BOSTON. MASSACHUSETTS 02194 ....................... 300 First Av*,, Naadham Hgts................ 617-444-5400 BUFFALO. NEW YORK 1422S................................. 3343 Hartem Rd.......................................... 716-837-6450 CHARLOTTE. NORTH CAROLINA 28210............... 6230 Fairview Rd.........................................704-364-1400 CHICAGO. ILLINOIS 60606......................................120 South Riverside Para........... ............. 312-822-7000 CINCINNATI. OHIO 45227......................................West Street and Madisenville Rd.............. 513-272 0206 CLEVELAND. OHIO 44114........................................1300 Lakesida Ava- NX...........................216-6214202 CUFTON. NEW JERSEY 07012..............................935 Ailwood Rd.........................................201-778-2900 DALLAS. TEXAS 75207.............................................2710 Stemmans Freeway..........................214-631-0010 DETROIT. MICHIGAN 48221....................................10421 West Saven Mile Rd.........................313-341-3131 HARTFORD. CONNECTICUT 06103......................... 410 Asylum SL.........................................203-525 9345 HOUSTON. TEXAS 77027........................................ 3839 West Alabama Ave........................... 713-621-1000 INDIANAPOLIS. INOIANA 46220.................. .......... 720 Broad Ripple Ave...............................317-255-3181 KANSAS CITY. MISSOURI 64141...........................910 Baltimore Aye..................................... 816-221-2400 LOS ANGELES. CALIFORNIA 90058.......................2770 Leonis 81yd........................................ 213 583-3061 MCMPHIS. TCNNCSSEC 38116................................3385 Airways Blvd...................................... 901 396-5375 MINNEAPOLIS. MINNESOTA 55416.......................3033 acefs>or Blvd.....................................612 927-4221 'MOORCSTOWN. NEW JERSEY 08057 .................... Route 38 and Peasant Valley Rd..............609-235 6200 NEW YORK. NEW YORK 10017............................... 220 Park Ave...............................................212-551-4641 PHILADELPHIA (MOORESTOWN. NEW JERSEY SALES OFFICE)................................................ 215 923 3200 PTTSBURGH. PENNSYLVANIA 15220..................P-fcwey Center. 875 Creintree Rd..............412922-5700 ST. LOUIS. MISSOURI 63105................................. 10 South Brtntwood Blvd......................... 314-726-0324 SAN FRANCISCO. CALIFORNIA 94106..................22 Battery SL............................................ 415 982-1360 SEATTLE. WASHINGTON 98118 ............................. 4726 Rainier Ave- South.........................206-723 8660 TULSA. OKLAHOMA 74114 .................................... 2901 South Harvard............................... 918-742 5524 Affiliates C i Part America Eastern Europe w rjif Erst, and North Africa ARGENTINA Union Carbide inttr-Americe. Inc., Buenos Aires ~ BRAZILUnion Carbide do Brasil S. K. Sao Paulo. Rio de Janeiro CANADA - Union Carbide Canada Ltd.. Calgary. Lachine (P.Q ). Toronto. Vancouver, Winnipeg CARIBBEAN____ Union Carbide Inter-America, lnc_ San Juan. Puerto Rica CENTRAL AMERICA--.--. Union Carbide Inter-America. Inc.. Panama City. Panama CHILE___________________ Union Carbida Comercial Chile Ltd.. Santiago COLOMBIA - Union Carbide Colombia. S. A., Bogota MEXICO - Urucarb Comercial. S. A dt C. V.. Mcaico. 0. F_ Guadalajara. Monterrey PERU Union Carbide Inter-America. Inc_ Uma VENEZUELA Union Carbide de Venezuela, C. A., Caracas ' WESTERN HEMISPHERE--. Union Carbide Inter-America, Inc- New York. N. Y. AUSTRALIA .......- ... Union Carbide Australia Ltd- Sydnty, N. S. W. HONG KONG ........................Union Carbide As>a Ltd- Hong Kong INDIA............... ..... . -........ Union Carbide India Ltd- Calcutta. Bombay. Madras. New Doth! NCW ZEALAND __ Union Carbide New Zealand (Ply) Ltd- Auckland PAKISTAN ......... ........... National Carbon Co. (Pakistan) Ltd- Karachi PHILIPPINES . -- ......... Union Carbide Philippines Inc- Mentis SINGAPORE . -..... . , Union Ctrbide Singapore Ud- Singapore AUSTRIA ____ ___________ Union Carbide Austria Gee. mbH- Vienne BELGIUM ......... --,,i Union Carbide Belgium N. V- Brussels " FRANCE............. ........ Union Carbide Europe S-S- Succursate Francaiss. Puteaua-Paris GERMANY Union Carbide Deutschland. GmbH. Dusseldorf - ITALY . ----... Union Carbide Italia S.pJL, Milan MIDDLE CAST Union Carbida Middle East Ltd- Athens. Greece * NETHERLANDS --............. Union Carbide Belgium N. V- Amsterdam SCANDINAVIA --. Union Carbide Norden A. B.. Stockholm. Sweden SPAIN------------------------------- Union Carbide Iberica S. A- Madrid SWITZERLAND -- Union Carbide Europe s.a- Geneve UNITED KINGDOM_______ Union Carbide U. K. limited, London. Manchester. Rickmirwworth; England Ulrica AFRICA (EAST) ----...... Union Carbide Africa Ltd- Nairobi, Kenya AFRICA (SOUTH) --..... Union Carbide South Africa (Pty) Ltd- Johannesburg. Capetown, Durban; Republic ot South Africa ( '#.* > c 711 ft > - >u UCAREF00012347