Document j274KpL7Z7BYeQQyGByzRvqy

WUHam.'.KSSSas ', IN THE UNITED STATES DISTRICT COURT WITHIN AND FOR THE EASTERN DIVISION OF THE EASTERN JUDICIAL DISTRICT OF MISSOURI. f>LEo FEly JAMES, 'ij vs. Plaintiff, No. 8864 (2) 151952 oerk TH RUBEROID CO., srisbrporation, Defendant. PLF. DCf.ftfl .EXH3IT HO. DL->i 7 DEFENDANT'S ANSWER. CCPOOF: BATt _ For answer to plaintiff's pe-tition defendant states: I 1. Defendant admits the averments set forth in paragraph 1 of the petition. - 2. Defendant admits that plaintiff was employed as a laborer in defendant's plant in the City of St. Louis, Missouri, from the early part of the year 1943 until the early "part of the year 1952. 3. Defendant denies each and every allegation set 19 '\`SQ- l forth in plaintiff's petition which is not hereinabove expressiy admitted. V ii 1. Defendant states that at all times mentioned in plaintiff's petition, and for a long time theretofore, defendant was a major employer under the terns of the Missouri l Workmen's Compensation Law, Chapter 287, Sections 287.010 et seq., Missouri Revised Statutes, 1949, in that defendant at a. ; n ,,o' itl ria all said times had more than ten employes regularly employed; t^at defendant duly elooted to accept the., occupational disease section of said law, Section 287.020, M.R.S. 1949, PLAINTIFFS , EXHIBIT iWV-DQ^llfc PLAINTIFFS EXHIBIT 0\u 0.00 by filing with the Missouri Workmen's Compensation Commission, (now Division of Workmen's Compensation) created by said law, a written notice of its said election, and defendant posted in conspicuous places in its said plant and on its premises notices of said election furnished by said commission; and defendant states that it was at all said times a duly qualified self-insurer under said Missouri Workmen's Compensation Law. 2. Defendant states that the plaintiff at the time he filed this suit and at all times mentioned ,in his petition well knew that the defendant had elected to accept the occupational disease section of the Missouri Workmen's Compensation Law, and defendant states that plaintiff at no time filed with the Missouri Workmen's Compensation Commission or the Division of Workmen's Compensation any notice that he elected to reject the Missouri Workmen's Compensation Law or raid occupational disease section thereof, and that both plaintiff and defendant were at all times mentioned in plain tiff's petition bound by the provisions of said law. .3. Defendant states that if the plaintiff contracted an occupational illness or disease as the result of his employment in defendant's plant, as he alleges, his sole and exclusive right of recovery therefor was and is by means of _ a claim before the Division of Workmen's Compensation, of the Department of Labor and Industrial Relations of Missouri, as in said law provided, and that he has no right to maintain this suit. Ill 1. Defendant states that on or about the 21st day of May, 19?2, plaintiff filed with the Division of Workmen's Compensation, Department of Labor and Industrial Relations -2- I ft of Missouri, a claim wherein'he asserted that he had contracted an occupational disease, namely silicosis and asbestosis, arising out of and in the course of his employment by defendant, and prayed compensation therefor. 2. That a true copy of said claim is attached; to and is hereby made a part of this answer. 3. That the plaintiff thereby made an election to seek recovery for said alleged occupational disease under the Missouri Workmen's Compensation Law, and by the method of recovery in said law prescribed, by which election the plain tiff is bound, and defendant therefore states that plaintiff has no right to maintain this suit. WHEREFORE, having fully answered, defendant prays to be hence dismissed with its costs. MOSER, [John S. Marsalek) VRSAL1X, CARPENTER, CLEARY & CARTER Attorneys for defendant. 330 Pierce Building, St. Louis 2, Missouri. GArfield 5365. _ The foregoing answer was served upon plaintiff this day of November, 1952, by mailing a copy thereof to Milton R. Fox and Courtney 8. Goodman, 722 Chestnut Street, ct. Louis 1, Missouri, his attorneys of record. if- ittorney for deienaant. -3.T_r7>rr T br divJswn Qr wowoncM's d>upTensatiok t. HCFO.TH*RuQp *OlD rn>*------------ DMdbn of Workraon'a " (DO MOT nu lm Bjc. Adb. Far..________ Oh m|! tn Claim for Comj (I> h met J A* AbU* H Jtfnm G*y, Wmnrt? m i-MX r db dn V trr Mj< /!* Mb et n} .ThM fao U.' a HOTti S--I H --h A* tW PMJh hJ h >MT fa wdt tMfliTM ** Float et Kniif.____ CWM by. cm Koua mua, muarr, cm and statx m all adokbszs t. CUnhWtkradrHlUm (at ih(u(*m M prorwUd la tb* M'--art Warbnta'i CowipenratioM Liv, for panonal injury (or de;,.:> tW uhAjih Mr acbdaat irini o ct ami la tba conn ei Ua ia[tiram, Mb umfttrja tad on(Moyne bovine erected to wth - Man m oat time at tint ' A Kannaad at al 9SB OMdc &*v SOS* St* IrOQifl, Zlllncla A Hiaa tad i i at al Btteagpeia Oaagaay &X&9 Btrurrlmi Dsrlra* St* lanin* Hisaeari A XannMi i U al bm. l* A iMjmtai < 11 . e t-- . A Avaraqo **aM) t *_?.? C3__. T. Data at < % PtaH . 1 fa'smk. :z:..`asnBt * ......... ........... ,,,...,,____ ___________ ilLrtrxrvtt Prim (Or* I*. 1L DU btny faaak la CtrnX Part, at My kM-- ta 6feo*. toaaa. Booia 23 ao4t* rtwrw rid* hwrf. taroat Si Ww>i rf imtanry 11 Fiirr ifw rf Mf4 m LI Worife rf pnUUi fttn totponry <fi.datty5i9M2W,, tA HwWtaatiwint. < ,ut aarb lutkya ms U>| lar airlryr at tba tin*. 'prafc" tm -ft b^at^taasa ma3frfcs-sfcaV. olatesat ecotrctd ,r. a&lLs&s&a* ead a&^ftatotto* * * * . n-- , -m uMhI VT^.U -- n c** n ** ^ --*-------- --- * - , Cm Him alda WaoL) i ptS at in, "- ` A ; . ... Tatal vain rnmfawtln* cUraad. JS5_J2_JU5a_. .<tsis*Dsmwer?ea? _i^i~ML mu..n.vt5is(scK,,,,^.so-,,^wrTms TS TBS DISTRICT COURT OF TUB EDITED STATES WITHIR ASD FOR THE HASTERR DIYISIOH OF THE EAST'SR3 JUDICIAL DISTRICT OF MISSOURI. FEE JAMES, Flaintlff# -aTHE KUBX30ID COJtPAST, a corporation. Defendant. Deposition of FEE JAMES. Ho. 8864. filed MAR 12 If't-rs iWUw> PLF.O DF.erC ______ rviwarr tm >0/ ttPOQF: AZ3C-73 (/-J DATE: - Gore Reporting Co. Q N. FOURTH *TItT jl Ilf THE DISTRICT COURT OF THE UNITED STATES WITHIN j AND FOR THE EA3TERN DIVISION OF THE EASTERN JUDICIAL DISTRICT OF MISSOURI. FEE JAMES, Plaintiff, -VS-* |j THERU HERO IDCOMPANY, iia corporation, i; ! Defendant. ) ) ) ) ) ) ) ) ) ) No. 8864. ! DEPOSITION OF WITNESS taken to be used in an action 1 pending in. the District Court of the United States within and I j| for the Eastern Division of the Eastern Judicial District of ij i'Missouri, vherein F^e Jaraes Is plaintiff and The Ruberbid j: Company, a corporation, is defendant, pursuant to agreement, *i ;! under the provisions of the' Rules of Civil Procedure, taken i i. on the 11th day of February, A. D. 1953# at the lav offices of j; Messrs. Moser, Marsalek, Carpenter, Cleary &;v ter. Suite , 330 Pierce Building, 112 North Fourth Street, In the City of it ; St. Louis, State of Missouri, before Thoms T. Gore, a Notary ;; Public vithin and for the County of St. Louis, State of Si jl Missouri. !j The plaintiff. Fee Jaraes, appeared by his attorney, Courtney S. Ooodmn, Esq. The defendant. The Ruberoid Company, a corporation, j appeared by its attorneys, Messrs. Moser, Marsalek, Carpenter, I | Cleary fie Carter, by John S. Marsalek, Esq., and Charles F. i ; Luke, Esq. QORE REPORTING CO. -1- % i i i 1 4rw.>. FEE JAMES, of lavful age, having been first duly svorn to testify the truth, the whole truth and nothing but the truth in the case aforesaid, deposes and says in reply to oral interroga- ii ; tories propounded as follows, to-wit: I | QUESTIONS BY MR. MARSALEE: * * !' Q Will you state your full name, please, Mr. James? I' A Fee James; F-e-e Janes, J-a-a-e-s; li * St. Louis, Illinois. 928 Coolc, East Q Your age? :j A Forty-eight. :! Q Are you married or single? A Married.^ 't f Q Vhat is your wife's name? - A Queen E. James. Q Are you living with Mrs. James at this time? ;; A Yes, sir. 1,1, Q Do you,have any children. Hr. James? A Yes, air. Q Hov many? I- ! them vhat is married? A Veil, you vant the grown ones, .-- Q Hov many altogether? A I got eight. I. I; |l Q And are any of them grovn and married and living by i; themselves? A Yes, sir, two of them is. Q Are the other six living vithyou? A Yes, air. Q Would you mind giving me the names and ages of those i children vho are living vithyou? \ ODRC REPORTING CO. A Tea, air? I can give you them. Q What is it? A Zola, Z-o-l-a, James. Q Hov old ia she? A She ia tventy. Q And vhat ia the next one? A Bertha James, Q Hov old is she? Q Is ahe vorking? Q What ia the next one? ;i E-u-n-i-s-t-i-n-e, James. A Sixteen. A Ho, ahe is in school. A Suniatine, Q Hov old is she? "Q Also going to school? |: Q What is the next one? i! jj Laura llae James. Q, Hov old . is Laura? A She ia. thirteen. A Tea, air. A Laura M. James, A She is tvelve. Q Ia ahe going to school? ,i What ia the next one? Q And hov old ia she? Q Going to school? Q What is the next one? Q Hov old ia Shirley? A Tes, air. A Rose Marie. A Hine. A Tes, air. A Shirley Ann. A Seven. Q And ahe ia going to school, too? A Tea, air. Q, The other tvo are married and gone? A My son, he ia married, hut ay daughter, she ia not married, hut ahe ia gone. Q She ia not living vitb you? A Ho. core: reporting go. Q Where vere you born, Mr. James? A Columbus, Mississippi. Q, Is Zola forking? a She is not vorking, no. Q Hov old vere you vhen you left Columbus? A I left In *43. Q Maybe you can tell us vhat year it vas you left. A I left Columbus in January of 1943. Q Before you left Columbus vhat vork had you been doing' dovn there? A Well, I vorked at the refuse oil mill. Q What kind of vork vas that that you vere doing? li A Well, I vas a conveyor nan. ; r 3 What sort of oil is that? I* a Well,.- they made j! cotton seed meal and oil, and ootton seed oil I guess is vhat i, _ % It ; it is, something like that. t. ! Q Where else did you vork dovn there around Mississippi?; ;'i >! A I vorked for the Q. M. & 0. S j; 3 What did you do for them? A For the railroad Q. What did you do for the 0. M. & 0.? A On the section. Q Vhat else? A Well, I vorked a vhile on the -- I aean for the Colunbus Flying Base, at the air base, and that vas in *42. Q Vhat did you do at the air base? A Well, I labored there; I vac a laborer. QORE REPORTING CO. Q Were you .ever In the Array? A Ho. Q Or any of theother military servioe, Navy, or anything of that kind? A No. J Q Were you examined to go into the Army? i. S A Ho. il j! Q Never did call you? I si had too many kids. a Ho. They said I I didn't bear you. A They told ns I had too || raany kids , they didn't vant aie. I guess. is il said. That is vhat they lj Q Then vhen you left Columbus did juu ccas right up here ii !; to St. Louis? j* A Yea, air. Q And vhere did you go to vork here in St. Louis? i1 il A Industrial Bank, 901 Washington Avenue, Hr. Arthur il !' Blumeyer. ! > I.I; Q Vhat did you do there? r A Janitor. i; Q, Hov long vere you at the Industrial Bank? :! from _ .! A Well, I vas there/January, vhen I started, until April, i; I vent out to Ruberoid April 12th; until about April 10th, I i j think, something like that. ij Q April 12th you vent to Ruberoid? A Yes, sir. Q, Before you ever vent to Ruberoid vere you ever treated by any doctor for anything. Fee? A Ho. I! none reporting co. Q, Never had. been treated by a doctor? A 'Never bad been treated by a doctor. Q Were you ever examined by & doctor for anything before you vent to Ruberoid? A Ho. I never vaa jj examined by a doctor before I vent to Ruberoid. II. \ j! Q Are your parents living? A My daddy. iiij Q hen did your mother die? Do you lenov? Ii ji A She died in 1911# Is vhat vaa told me. !i . Ji Q Do you knov vhat from? i A Childbirth. ij Q And your father is still living? A Yes, sir. ijii Q ts in good health? ii j; Q Where does he live? A Yes. . A He lives in St. f Louis here. \\ ii Q In St. Louis vhere? A I don't lenov exactly I; the address. He gets a room and ^ ^es different .places. Of !' course, I could pretty near get in touch vith him soon and 1 1- Ij call back and tell you vhere he vas. \\ ; Q Does he vork? A No; he is on a pension, l! j Q Do you have any brothers. Fee? A Yes, sir. i Q Hov many? A I have tvo. \ Q. And are they in St. Louis? A One. Q, Vhat is his name? A Calvin James. Q Vhat does he 44? A He vorks at the Industrial Bank, 901 Washington. Q, Vhat doing? A Janitor. QORE REPORTIND CO. Q Is be Id good health? A Yea, sir Q What is the other brother's name? A Allen James, Jr. Q Where does he live? A He lives in Columbus .Mississippi. i \ ! Q Do you toov what he does? A Well; he was is i! farming the last t iae I was in contact with him, he was ji j! farming. i; j| Q As far as you toov, is he in good health? i! A What? !l j! Q As far as you toov, is he in good health? ij A As far as I toov. My brother called me the other i! ii day and told me he got a letter from him and he vas in good j: health. i! I. !' Q That vas Sunday. Do you have any sisters? A Yes, sir. Q Hov many? A I had two. i' . Q, Are either of them in St. Louis? A Ho. Q Where are they? Down in Columbus? _ i' A One is dead and the other one is in Los Angeles, Li j| I Califoraia. iI Q The one who died, where did she die? A She died here. Q Was she married? A Yes. Q What vas her married name? A Veil, I wasn't acquainted with her husband; I don't know. DORE REPORTING CO. -7- ij % What was'her first name? A Callle James, C-a-l-l-i-e. Q Do you know what ahe died of? i A No, I don't. j! || Q Did she ever live with you? A Only when ire were kids, is all. j1 Q, Callie, I mean. A Ys, sir, raised up to- t gether. . li :! Q I mean since you cone to St. Louis. * ;i * i A No. I was down south when she died. i li >; Q, Oh, she came up here before you did? ! A Yes, sir. Q And died before you got here? # ti A And died ' before I came here, ye3, sir. That has been quite a while iI* since i seen her. Q Your sister in California, is she in good health? : Do you know? A Tea, sir. Q Vhat is her first name? A Sue Villie James, j'. She is married; her name is S-u-a-p-t-e-r. fi !' ; Q Do you know whether she is in good health? A She was the last time I heard from her. ' Q Vhat is the condition of your wife's health? A Fine. Q Has she ever been in a hospital? A Yes. Q Since you married her? A Yes, sir. ii QDRE REPORTING CO. Q What for? Q fneuaonli? A Well, she bad pneuaonia A Yob, air, and then a he was with a child; tut, anyway, ahe didn't die from It, anyway, ahe didn't birth the child at the hospital, either, when she was there; * they found ahe had pneuaonia, and ahe was In St. Mary * s. Q, What hospital was that? A St. Mary's Hospital. (1 Which one? A In St. Louis, Infirmary. Q St. Mary's Infiraary? A Yea, air. Q And when was that? A I don't know whether it was in'43 or *44, to he frank; I don't know the ysara*. Q Do you know how long she was in there? A I don't know whether seven or fourteen days; between ; that time. t Q Seven or fourteen days? A Yea, sir, between seven and fourteen days. Q After she got out, how was ahe? A She was in excellent health and give birth to two kids Q She has been in good health since then? A Yea, air, her health is excellent. Q Is that the only time she was ever in the hospital? A Yes, air. Q Ha a your wife ever had any lung disease? A Ho. Q, Hever has? A Ho. GORE REPORTING CO. Q Hever treated for anything like that? i A Ho. Q How about the children?' A Ho. Q Have any of the children had any lung disease of any I kind? iI jQ ;j j! A * A Ho. Have you ever lived with anybody who had a lung disease Ho. * !i 0 At any time, I ncan. A Ho." I' i> y ji Q, "hen you went to work for the Ruberoid Company, did you ii . !| ,i! have a medical examination? ' A Yes, sir. J* i* j Q Do you know who that was that examined you? iI: A Well, a company doctor. I; `. ! Q Then after that did you have any other, while you were j; working for Ruberoid, did you go to any doctor at any time for |- anything? Yes; when I was failing in health. Q Who did you go to? A I went to Dr. Satterfield, Q Anybody else? A And I went to Dr. Little. !Q i !field? Did you go to Dr. kittle before you went to Dr. SatterA Ye a. Q How did you come to go to Dr. Little? A Well, I was just feeling awful bad and just felt tired, and I went to him. Q Do you know when that was you went to Dr. Little? A I wouldn't know exactly what year; somewhere around i OORE REPORTING CD. 1a \ i i 4TV-*. : about *45 or *46.^ Q How long'were you under hia care? A Veil, I wasn't under It very long; I got a few treat- aent8 from him. Q Hov la that7 A A fev treatments from him. Q And did he make any x-raya of you? A Ho. i* ;i Q Did he aend you anywhere for x-raya? A Ho. * . | Q After this treataent by Dr. Little, then hov long was !" i It before you aav this Dr. Satterfield? jj j1 A Oh, I guess i-bcrt a couple of years. ii J1 Q That would be maybe in *47 or `48 or *49? 1 !; A Probably *47 or '48, because I juat couldn't teil you ii ; the exact year, but I didn't, put it dovn, but what I am saying ii <: is true. I- ! Q Why did you go to him? !; A I was juat -- I felt: j; like I was all tired and Ivaa having short breath, and I just ! va3 -- I just felt all out, juat worn out. - 1.i j: Q, All right. A And also I was coughing. ji Q, And hov long were you under Dr. Satterfield's care? Ii A Veil, up un til '48. Q About hov long altogether were you under his care? A Well, I guess around about -- oh, well, I considered I him my family doctor at that time, and I used him around about two years, I guess in there. CORE REPORT!NO CO. -VI - !` i Q During that two years what did Dr. Satterfield do ;1 * j for you? A Veil, I felt fairly good, and then aoaetiaes I didn<t, and, however, he wrote ae a atrip to take to ay employer, which was the Ruberoid Company^ and I taken it j but there and st that time I was on the beater floor, and that I' very same day I taken the atrip out there they moved me off the beater floor down fen the first floor in the manufacturing |i l: ' i department. . i. ; it I ... i j': Q Did Dr. Satterfield have any x-rays cede? . A He had one; Q Where was that made? At his office? . A He referhed me to Dr. Teiber. . Q Dr. Teiber? A Teiber; that is at Compton !J and Washington. I am pretty sure that is where he is at. 1; , j I could get it in the d4factory. .( * Q Compton and Washington? j. A Yea, sir. | ; Q Did Dr. Little tell you what the trouble was with you?: A Ho. Q He didn't give you any idea what your difficulty was? ri! A Ho, he didn't. Q Did Dr. Satterfield? A Ho, he didn't. Q Did you ask them what was ailing you? A 'Ho, I never asked them anything about what was ailing | ae, or nothing. I just tell him my condition and he would giVi ae a physical examination and give ae something, sent me for DOPE REPORTING CD. ..1 O _ i an x-ray and after that he given e a paper to take to the apany. Q When be gave you that paper, did he tell you anything about your condition being caused by your work? ij A Ho. !; i* Q Vhy did he give you a paper to take to your boss? Do you knov? l* Ij paper to take there. li.l jj cause I don't know. A I wouldn't know vhy he give ae a I guess aaybe -- I wouldn't guess, be `He didn't tell ae and so I just did what be told ae to do, and I know what happened after I give them M U the paper,. I know what happened after that. ji . i , Q Did you read that paper? # A I couldn't read it; I didn't knov what was on there. Q After that, after you were treated by this Dr. Satter- ; field, did ^wU.then go to some other doctor later? A Well, I went out sometififito Phillips, out to the clinic ;; out at Homer Phillips. Q Do you remember when you first went to Homer Phillips?! A I don't exactly knov, no. Q Was that after you left Dr. Satterfield? A Well, that was sometime during the time, and I also had an operation for appendix. Q Was that at Hooer Phillips? A ?es, sir, in '47. I i i Q At that time did they sake x-rays of you, too? CORE REPORTING CO. -13- A At Phillips? Q, Yes. A Yea, they did. I don't knov exactly at the present tine when I was operated for the appen- i *; dlx, but an x-ray has been taken of ae out at the Phillips * Hospital. \ Q Did they tell you that vas wrong with you? Si jj A Ho, they did not. j; Q Did you ever aee your hospital record at Homer I: i !| Phillips Hospital? A Ho. I,don't think they >ll! *' ! ; !l do anything like that, show a record like that to a patient. P j! . Q Then after you had gone to Dr. Satterfield and to | Homer Phillips, what la the next doctor or hospital you were at? ii A The next doctor was Dr. -- let's see; J;i. . something----- 1 fifteen hundred ' Q, Well, where was the next doctor you sav? ll ji St. Louis or in East St. Louis? J' j: A In East St. Louis. It was Dr. Here in- Q, Dr. Gueno? A Gueno, yes. ! I i Q, When did you go to him, about? i ' A March 1st. I i Q What year? A *52* { Q Why did you go to Dr. Gueno? A Well, I was just all down, I couldn't go any further, I just was all washed up, sick and tired out, and short of wind, and Icouldn't rest, and I couldn't cliab a stair, I couldn't walk a block, and I would throw up, and nothing would stay on ny stomach, -and----- ODRE REPORTING CO. -14- Q When you couldn't walk a block, waa that because you i* were weak? A I were weak, and I waa abort -- ay wind waa ahort, it wouldn't allow me to, and I am atlll under treatment by Dr. Oueno. March 1, 1952, up until now. j Q Fee., has Dr. Efueno made any x-rays of you or had any- iiti I body elae make x-rays? A Yea, air. ij I Q Who did he have make x-rays? i! A Dr. Bihss, '. Francis . Blhsa. U . .1 Q Is that doctor In East St. Louis? \ A Yes, air, he la In East St. Louis. j' Q Did this doctor make x-rays of you more than once? i, ii A Yes, air. > Q About how many times? A He made it two times (i Q Have you seen any other doctors than Dr. Gueno and !-Dr. Bihss since you left the Ruberoid plant? i *i A Yea. i, What other doctors? r ;i Q Dr. John C. Murphy? A Dr. Murphy. A I guess that is j; his name. |j Q He had an x-ray made of you? A Yes, sir. Q Hov did you come to go to Dr. Murphy? A Through my lawyer. Q, By Hr. Goodman? A Yes, air. ;I Q Were you in the Barnard Skin and Cancer Hospital at one time? A Ho, I wasn't in there. I went i l| QDRE REPORTING CO. wn* mum. mo. -15- there for -- I vent there, hovever, hut I vaan't in there. They didn/t keep me; they just looked ae over and sent e home, Q Did they Bake any x-rays of you there? A Ho. You Dae an did they make an x-ray of me there? i Yes, they did. They did, yes. i' i' Q Do you knov vhat part of you they x-rayed? ! * . jj A They x-rayed ay chest and, hovever, I had ay nose hen: I! jj vas irritated and, hovever, my doctor referred me that dust ii !i vas the cause of it, eating inside lining out of ay nose, and Hr ' - ii that is vhat I vent there for, to the skin and cancer hospital, || i! ;; and after I vas there the doctor give me a close examination i! ii and then he referred ae to get an x-ray. Ho one referred me !' to there for the x-ray, but I vas referred there by the company ii ji doctor for ay nose, he told me to go there. I' Q, Do you say the company told you that this irritation :i Jj of your nose vas due to the dust? i ' A had a little sore started in ay nose and, ii . i1 :i hovever, I vent in to the nurse for first aid and she looked jj at it and told ae she vould let the doctor look at one morning, ii jj he vould be in there, and she told ae to stop by one aorning, i and I stopped by and he looked at ay bead and looked at it and didn't do anything but told ae to go out to the skin and cancer hospital, and that is vhat I did. ^ Did you make ayy complaint at the Ruberoid company tha anything that you vere vorking vith, either dust or anything of OQHE REPORTING CO. !| ; that kind vaa doing you any ham? A Veil, no, I didn't. I didn't make any kind of a complaint to them, hut I vaa going to ay family doctor and I just kept feeling had, and I mould aak him about giving me an -j ;! examination. Hovever, I aaked ay committeeman, vben he vent I i; ' j! in, and aaked them about giving ne -- I mean an examination, !: . ' ;i and he vent in and aaked them. i!i i Q Aaked the company to have you examined? jj A That ia right,yes. i| Q, Why did you have your committeeman aak the company to !|Ihave you examined? * A because I had aaked them,! !' myself, and they bad failed to do it. I vas being aick and j! feeling avful bad, and juat losing veight and shortness if 'breath, and I vanted them to knov something about it. In fact, !; I vanted them to do something about it. Q Did you think it vaa due or caused by your vork? ;; A I did not knov vhat it va3, vhat vas the cause. ! Q Who vas this committeeman you speak of? j; A One vaa Hoy Fuertvanger. lI;I ' Q Does he have something to do vith the union? ii A Yes, air; he vaa our committeeman at that time. Q Shop stevard? A Well, tvelve men on<a committee * and shop' -- veil, be ia shop,stevard and committeeman, and Joe Reed, that vas another one, he vaa our president at the time. | Q Joe Reed? A Ya. I l OGRE REPORTING CO. -17- Q You did go to the company clinic quite frequently, didn't you? A Ho. Q Didn't you go to the company clinic and get aedioine andask them for medicine for one thing and another? A la that what you mean? Yes, I would go there some- jj times and get -- they have a liniment, you know, if you had a iji little wound or something like that, or a -- just anything, !' kind of a sprain, I would get something for that. r;i ij Q Didn't you go there for a cough and tell them you had a cough and they would give you a cough medicine? ^ A WelJ, if I needed a cough syrup or a common oold, or i ; probably sick, I would stop by the office and get some cough ;i I' medicine. Q You mean at the company clinic? I1 A Yes, air. Q, Did you ever see tl - loctor there at the company !: clinic? A Oh, I never was examined there but once ;! I mean twice or three times, at the highest, by the company, the whole time I was there. ;I, j| Q Were you ever examined by any other doctor for the j| company while you worked there, other than at the clinic? A Well, Dr. Westeraan, when he was the company doctor, he was out, I don't know whether on a vacation or what, but tbejr sent me, the company did, to a doctor which was a substitute in his place down on St. Louis Avenue. I don't know what number, : Q Did you see that doctor on St. Louis Avenue more than GORE REPORTING CO. -18- ! once? A COne time, once. That includes the times, | -what I r6an the three times I was examined by the company. Q Vhat other doctor examined you for the company, other t than this doctor on St. Louis Avenue? \ A Ho other doctor examined me for the company, outside ! J of the once Dr. vesterman, and I forget the one name when I ft ! jl first started. ; Q Vesterman? A Vesterman. ii . jl Q Did he examine you for the company? , i lj \ Ii: ii for ! j: A him. Q Well, I say that fellow must have been substituting . In other words. Dr. Vesterman-didn't examine you? ' A He didn't. ! J: Q Do you remember Dr. Yost? Did he examine you? j A I.iv 1 member another doctor, but I couldn't give you hi3 j name. I don't know his name. Probably he may have been the ji i nan that examined me the second time. jt I knew Dr. Vesterman : and the first one they had,, but I didn'tknov the last doctor, i1 ~ ji didn't know him by name. I just only seen him, that is all. j Q Did they have a doctor at the clinic at these differ- i ent times when you vent there, when you say you would have a bruise or a scratch or an injury of some kind you would go to I (the clinic, would there be a doctor there? i A Ho. He has certain days, as far as I know, certain days----- II DDUE REPORTING CO. -19- 5 He would ."be there some days and not other days? `A Yes, -sir. He wasn't there but just that one part time, when the nurse told me, consulting about my nose, when I had an Irritation In my nose, and she told me what day to If stop by'and she would have him there to look at ny nose, and i i vhiiah that was done. i' Q Have you been confined to any hospital since you left i ! the Ruberoid Company? A Ho. While I was at the i! I. Ruberoid Company I was in the Phillips Hospital, operated on .tj for appendix while I was there in the service, at the hospital, I was operated on for the appendix. i; ! Q Is that the last hospital you were in? A Yes, sir. Q The Phillips Hospital, in 1947, for appendicitis? A Ye^ that is the first and last. Q Do you remember hov long you were in the Phillips t j; Hospital that time? A I don't know. Between 'i |j nine and eleven days. - Q Have you done any work since you left the Ruberoid j! Company? A Ho, sir. Q Have you tried to work anywhere? A My doctor^-I wasn't able to work as far as I know by ay feeling. I wasn't able to work, and a$t doctor, I would asl ! him about it sometimes and what be thought about my working i I condition, and he said, "Mr. James," he says, "You are not dor reportincj cd. -20- |able to work and I aa not going to release you." Q, What doctor is that? Piggott. A Dr. Queno, 1228 4 Q And then I assume from that you haven't gone anyvhere and applied* for work anywhere, have you? * j; A No, air. II .r Q Have you earned any money since you left Ruberoid? A Ho aoney at all . jj Q Could you tell us what work you did at Ruberoid? i . ; 5; - A Yes. I! ji ' Q, What work did you do? A Wel1, X first was a j; beater Ban. Q, How long were you a beater aian? j! A Well, about between three and four years, something f : like that. | | Q And then what were you? A Well, I was a stacker. Q A stacker for the rest of the time you worked there? A Well, they had different odd Jobs, but it wouldbe just like if they have to move up, you would be moved up and j- ! maybe released by a month, and maybe set back, the material li they would have a lot on hand and laid off and bumped back on, and probably be a stacker. Q You mean you would shift from one job to another? lf A Yes, sir. t j Q You didn't stay on the beater man job continuously, ! ______________________________________________ :______________ _____ II aof?E reportinq co. I ! you would work on that & while and work on something else a while? A Yea, air; but I waa more sonstantly on that beater job for three or four years, I know constantly aore on that I [than anything else. i i Q For the first three or four years you worked there? A Yes, air. i 3 Where does the beater Ban work in the plant? i! A On the second floor. ti . r '` .^ * Q And what work did you do as beater man? ! A Well, I handled asbestos fiber and cement and lime- stone and something they call like scrap; but, however, that i :asbestos shingle, when they sake it, they would have rejects i* and grind it up and blow it back up and a separate room they l! ii would have to go In and shovel it in carts. Also the fiber, l - | we had to do that fiber that way. Q You shoveled fiber in the cars? A Yes, sir, in a room just about as big as this one, and they blowed it In from the wall up there and the room would ! be consumed with dust and we would have to go in there and take li * h j; along something like a hoe, a long one, and from here to Good man and put in the oart. Q, `Was that a scoop, like, you used? A Well, I used a sc oop; but I didn't get to that, yet. Anyway, I would throw it over and put it in the cart and when GORE REPORTING CO. -PP- it got too lov to "put in the oart, ve would have to take a scoop and'shovel it in there, in the cart. However, it was all dry dust. Q Hov such of the time did you work in this scrap room you speak of? A Veil, in an eight-hour period ; you was in and out there eight hours, the scrap room, and also I; the fiber, that was our job, eight hours in and out. i! li Q You worked eight hours a day, but I mean hov much of ! * ''the time did you work in there? Were you in there every day, i; . " li or every month, or every week? ii I: A Every day. i ! Q Hov long did you work in that scrap room every day? i' i i; A Well, that was continued in the beater man's job. i; Q When you were beater nan, all your work was in the i- < !: scrap room? A Well, that is what all that we j: had to go in the same aix7were mixing up to go in that beater, ti |j all of that was in the same job. i* \\ \ Q I thought you said.this scrap was shoveled out and -.1 ji into a car. A It was. in Ok*-?' li ' jj Q Well, then did that go into the beater? i A Yes. Q It wasn't a car to take it avay, then? A Hov? i . Q That wasn't a oar to take it avay; that was tbe car It to take it to the beater? II DOPE REPORTINQ CO. A Yes; souSething like a wheelbarrow. It had two wheel*; on It and you would roll it and push It "by hand, and it wasn't automatic. % It was a cart? A Yes, sir, that Is what jI said, yea. il u j 3 I misunderstood. .A That is what we pushed j! our cement in to the beater at the time I was on the beater iS i! f, floor. j! Q Did they have any fans in that ..room where you did this || beater work? A Ho, there was no fan in that room ii at all. The onlie3t air that penetrates in that room was when il ' they bloved it In, just in a round old pipe about like that i i. ,'pipe, or the shade, and a hole about that size, and bloved It 1;!' in from the top and fall dovn in the room until It was full, :i i' * j; and there was no fan in that room. r ! Q, Was that that you speak of a sort of a pipe In which i - i.pair came through? A Yes. They had a blower and they would blow It up, upstairs in that room, and the pipe | would come up and----- * i MR. G00DMA3: He means, Mr. Marsalek, not the air, if I understand it correct, the blowing of the material. MR. MARSALEK; Q. Was that the material that came through that pipe? A Yes, that Is what I call It, material; material. rv.-. Q Hov, then, what I am trying to find out is was there 1! DDR REPORTING CO. Oh . any kind of a pipe through vhlch air vas brought Into the room? A Ho; no more than that la the onlleot air I knov of. Q Vere there vlndowa that were open? A Ho; they had the door barred and had It air tight, * and bloved the fiber In, and all that dust vould be In there, j; and you Just couldn't hardly see yourself In there. L Q Were there any vindovs? A Ho, nothing but just the door. I! Q And no kind of fans of any kind? it - A Well, they had one fan----- ;i j| Q To take air in or out? A Hot In that-room. j; '< There vas one, I vould call It more of a heater than it vas a ii - \ * ' fan, because it bloved hot air for vinter; and In the summer, I; vhy, it vould blov cold air. Just something like you nay -- I S. if you had a fan in here; but, anyvay, it vas more out of fix {; than it vas anything else, and it didn't do any good, because-- i' j: Q Was that in this room that you speak of? i ii a No;' just on that floor. j Q, That vas on that floor? ij; floor; it vasn't in the room at all. A Yes, sir, just on thp Q Hov big is this scrap room, about? A Just about -- it vasn't quite as large as this room; just about that high, I guess. MR*- GOODMAN: Let's have it described for the record, if you don't mind. Can you estimate it in feet? II GORE REPORTING CO. II i : A Veil, I couldn't tell such about It. It wasn't any larger than this room; It wasn't as large as this room. I just compared It from ae being here, and I would compare this room was just about near the same size that fiber room was, ! where the fiber was blown Into it. .1 P >: MR. GOODMAN: Vhat would you say, Mr. Marsalek, for the I; record, the size of your office? !; MR. MARSALEK: . I never figured It out. i' I MR. GOODMAN: I would estimate it about fifteen, or ten j .. ; j; by twelve feet long, and about eight feet wide. i: MR. MARSALEK: It's wider than eight feet. T think j; . *; this room is about eleven or twelve feet wide and about eighteen !; feet long. 51 . il MR. GOODMAN: That sounds about right. How high would il you say your ceiling is? \ A Well, that room was as high as this wall. !' i; MR. KARSAIEK: Ten feet. I.i `i A Around about eight feet. i; ;! MR. GOODMAN:Tu say eight feet? i !j !! A Yes, sir. \ MR. GOODMAN: All right. MR. MARSALEK: Q. Outside of this room you speak of, this scrap room, was there any dust on that second floor where I j the beater department was? A Yes, sir. OORE REPORTING CO. oc Q, Vbat saade dust outside of the scrap room? A Well, they was bloving and they didn't have that vallec in from the labor department, that dust vould come in, and the windows on the side, what they did have vailed in, all the window glass was broke out. !j MR. GOODMAN: All the what? I; jj A All the vindow glasses was broke out on the side, what i! jj they did have vailed in, and dust just penetrated right out of the labor department where it was blowing right on up there !l ;j and, however, sometimes that room would blow where they have it ii ji air tight, and blow out, andt*'-.' ^ust would come right out. Ji !; MR. MARSALEK: Q. Did they give you a respirator to work i: I: with? A Tes, sir. i; Q, Did you use that respirator when you were in the scrap !; room? A Yes, sir. Q Did you use the respirator when you were outside the beater scrap room but in thia/department? A Yes; but in the eight hours the respirator was so ! j! uncomfortable you couldn't keep it on at all times and, however^ if you did, that oement and all that dust would make sores around your mouth and your nostrils, and that is what the matter is with my nostrils today, the doctor said. - Q Did you always wear the respirator when you were working in the scrap room? A When I go in the scrap room alone, yes, I would always dopk: repdrtino co. ; put it on. i Q You kept it on until you came out of the as rap room? A Yes, air. i ! Q And -when you were out of the acrap room in the beater I' -. i{department, did you wear this respirator all the time you were L {j working, or just part of the time?' it ! A Well, it was so uncomfortable, I couldn't keep it on 'all the time. Ho way to keep it on. : I S' ^ Part of the time you wore it and part of the time you V i! didnTt? ;< jj Q, A Yes. Who gave you the respirators to use? m A Well, the company; they furnished the respirator. ;j Q, Who did? A The company furnished the respirator. j: !: I' ij he? Q Who was it, what man gave them to you? A Well, our foreman. i Q You got the respirator from your foreman, and who was A One was named Charlie Hichola. . Q, Charles Hidnla? A Charlie Hichola. jj Q And any other foreman who gave you the respirator? i! A Well, let's see, now -- well, Roy Meyers. Q, Did you have any other foremen during the time you worked for Ruberoid, any foreran other than this Charlie Hichola and Roy Meyers? I A Yes; we changed from shift to shift, whenever they had three shifts, and whenever you get bumped; we had plant- nnov oronqriNO f.n. vide seniority and vben you vere bumped on one shift and there vaa a job open on another shift, they vould transfer you over. Q You had different foremen on the different shifts? A Yes, sir. One vas Sam Hill, and Ollie DePaul. i* | Q Who vas that, Sam vho? A Sam Hill, Ollie ! Depaul and Roy Meyers and John Podorski. !i ' >i Q Vhen you vorked downstairs, you say they transferred i! j; you out of ,tbe beater department and put you dovnstairs? j| A Yes. ,t ' !| Q And that is vhen you say this Dr. Satterfield sent the ! fnote to the company? |i A Yes, sir. ii Q. Then what work did you do downstairs? % - !, A They moved me the same day. Fowever, I stacked. j- !. Q You vere a stacker? i. A Yes, sir. ! Q, Vhat dw you do as a stacker? A Veil, that is j a vet sheet and it come down on a belt and, however, I vould !| j guide it, and they had different ways of stacking it, but the il last stacking I did I would guide it down a belt and some i; i! fellows vould pull it. The last stacking I did on that was jj with an air hoist, something flat like this table, and you let it down and then pick it up. Q, Well, you vere a stacker and piling up the material that they made, weren't- you? A Piling up the material, yes. j Q And this roofing shingles, blocks and siding and things I -I il nr>nr oronOTlwri PH. of that kind? . A Tea, that atone wall aiding. I waa piling them on a flat , and whenever we waan't on that, 1 waa atacklng ahlngles, and I would alt down and catch shingles like tbla and stack them on a -- I would call It a small flat, something like that, and push them off to someone else. ; Q, There was no dust In that work, was there? i I, A Dust waa throughout the plant, what I mean is I; ii Q Did that work sake any dust? ij A Well, the dust j! come -- that work didn't make any dust, no. :j ' jj Q That Is what I am asking. A There would be 1 so much dust come through the plant, until It settled on us, i '. J and you couldn't tell what our clothing was. i: f Q You mean even on that job there was a lot of dust that j' came from other places In the plant? i- ji A TV', sir, from back In there and up on that beater ! floor, and it was wide open and ju3t up over U3, and something Ii j! like ten or tvelve feet, and that dust come right on out down li there and also from the labor department. ~ P || Q Did you while you worked there, when you first went ij to work there, did you take particular note to see what signs i they had around the plant, signs of any kind on the walls or on the bulletin board or things of that kind, did you check them? A They didn't have any signs. Q I say did you check them to see whether there were any ;i rinor- nronotiun r*n signs around anyvhere? A Well, I didn't necessarily check them, hut I didn't see any signs. Q, You just didn't notice any? a Veil, I !looked ----- * # Q Vbat vere you looking for signs for? r A I didn't say I looked for-any signs. All the -way !i through the plant I never seen any signs. Q You weren't looking for signs, vere you? ' A Veil, no, I vasn't looking for any signs, hut I guess ! just like a lot of things, you don't look for, probably you may 1 ! see them. * Q You might see a sign even if you -weren't looking for ; it, but you didn't particularly look for any? i- A Ho. Q Vas there never any sign of any kind posted in that : plant, during all the time you vere there? A Vhat kind of signs? Q Any kind of a sign or notice to the employees, or any 'i ' thing of that kind, did that ever happen vhile you vere there? i I. !j A Ho. 1; ! Q It never did; you never sav a sign or notice to the employees, of any kind? A No. Q. And if they did post any sign or notice of any kind, j you didn't see it? 1 !see it. A That is right, I didn't Q And that JLs true for all the time you worked there? A That is true for all the time; yes, sir, that Is true for all the time I worked there. Q But as you say, you weren't looking for any particu lar kind of signs, were you? A Ho, because didn't anyone tell me about It. jj. . . Q You didn't know of any particular kind of signs to l; I! look for, didyou? A No. i. j; Q Ho reason why you should look for them? ii - 5 II ? 1 - A Ho, nobody never deputized me to. !i Q After you left the plant, you did file a claim before .j, the Workmen's Compensation Commission, did you not? A Yes, I filed a claim, yes. ' Q That was a claim that you had gotten a disease, illnes I ' of your lungs resulting from your work? : A Yes, that is when I went to my doctor. It wasn't of I i- .my own doing, because I didn't know what was the natter with me Q You filed a claim, anyway? A Yes, sir. ~ ;; Q Through a lawyer? A Yes, sir. Q You had a lavyer file it for you? A Yes, sir. MR. KARSALEK: That is all. QUESTIONS BY MR, GOODMAN: Q You filed this claim with the Workmen's Compensation j Commission and then I dismissed that claim, or your lawyers did r rnn OTUiH PH. % Mr. Fox and I, on your behalf; la that right? A Yea, air. Q And then this suit Has brought? A Yea, air. Q Now, Fee, after you filed that claim did you receive i ; any workmen's compensation benefits from Ruberoid Company? . j i A Ho. || Q Before you filed that claim did you receive any work- li \\ * ' li men's compensation benefits from the Ruberoid Company? i! , - ' |. A Ho. (I Q Vhen I say that I mean payments of any kind. ! j; A Yes, I received from the insurance, I received thirty;i .! five dollars a week for thirteen weeks, weekly benefits. !. ,, Q You mean under a group insurance policy? f' j' A Yes, air, group policy. !: Q Did you receive any workmen'scompensation benefits I' |; or payments aside from that insurance from Ruberoid Company? Q Before the filing of the claim? itl i and not after. A Not before i 1 Q, Nor afterwards, either; is that right? A That is right. Q How, did the Ruberoid Company ever furnish you, either before or after filing the Workmen's compensation claim, any 1i I medical treatment? A No Q Nov, you'vere asked about any signs or notices. During at the time you vorked tbere/tbe Ruberoid Company did you ever see any notice or sign posted in a prominent place in the plant or in that.part of the plant vhere you vorked, rather, that il . " Ruberoid Company bad accepted the Workmen's Compensation Lav I1 . j| and that you vere, as an employee vere under that lav? !t !; - A No. Q You never sav any notice like that? i. !! A Ho. / *r \ } Q Hov, the time that you vorked there and in the depart- I1 ; ments vhere you personally vorked, vould you say that there vas i j! or vas not any such notice posted in a prominent place in the . departments of the plant vhere you vorked advising you that you vere under the Compensation Lav of Missouri? MR. MARSALEK: We vill object to that as calling upon the vitness for an opinion and conclusion. MR. GOODMAN: You may ansver. i A I vould say no, there vasn't any. I didn't see any. ;; Q In the various parts of the plant vhere you vorked, ji j since you vere employed there, from 19^3* did you see any notices 'i j posted either in vhat you have called the scrap room or the varehouse vhere they had this asbestos fiber, or in the room next to it vhere the beater operations vere carried on, or on i j the first floor vhere you did vork as a stacker, in that room i ; or any one of those places, did you ever see any sign on the vail or notice telling you the dust vas dangerous or hov you ohould take care of yourself In any vay vlth reopect to that dust? A Ho. Q Would you ay there vas or vaa not any auch notice of the type I have just mentioned, advising you hov to take care of yourself around a dusty atmosphere there posted on the vail or not? A There vas not. Q During the time you vorked there In any of those places vhere you related you vorked In that plant, did the Ruberoid Company furnish you vlth any vork clothes? -* A No. I Q Did the Ruberoid Company during the time you vorked j there in any of those parts of the plant or departments that i `.you have mentioned give you any -- have their doctor or any I doctor of their selection to examine you periodically, once i .. each month? A Ho. Q In any part of the plant vhere you vorked as you have related here, vas any sveeping ever done around any part of the plant vhere you vorked during the time you vorked there? A Yes. j Q When you say yes, in vhat part of the plant vas sveep- Ji ing carried on and vhen and under vhat circumstances vas it carried on? Can-you tell us? A Yes Q Go ahead. A When Ivas working on the heater floor, whenever some other machine vould break dovn or get out of operation, the employees on that machine, they "would sweep until that machine was repaired enough to go back to work and during my working hours we all.had to clean up around where |i |we worked and sweep up where we worked at. Dovn on the first ii j. |ifloor where I always was working when I had to quit, they would !i || use the employees whenever a machine would break dovn, they ,i ' ` would use the employees to clean up around the machine, and j', throughout that plant, just sweeping, just consuming dust. i: . ' Q Was the sweeping you have described carried on during .1 !' the working hours of the day while you were a beater man'? j! A Yes, sir. Every shift workman around his floor, as r ;|big around as this room, he had to clean up where be worked j, i there. ii . i i. !: Q So we don't have any misunderstanding, did they wait 'until the end of the day when the plant operations stopped in ii j! order to sweep, or did they sweep while the plant operations I; |j were going on? I A They sweeped while the plant operation was going on. Q, I see. A If you was on day shift, when the three-thirty shift came in, why, you actually had to clean up and have your machine cleaned up. around there before the other man takes over, whether you were a beater man or relief man or i f .w nnntr oroppri N f? TO. ! wherever you were working at. Q Is that true also vith respect to sweeping when you worked on the first floor as a stacker, vas sweeping done while the plant operations va3 going on? ! A Yes. Our relief man and also the people, as I first i ! said, whenever the machine would he broke down, they would he Ji i: cleaning up and sweeping up all around where you were working. ij |j You bad to move hack out of the way for them to sweep up dust ii ' ' i! and dtuff. ji ; ,? |j Q On the floor -- I don't mean in this room, now, we j; will come to that in a minute; I don't mean this room-you have 1; described about the size of this room, hut in the room where ii - i! you did feed these heater machines -- is that what they are 1 ^ : called? i* ! rA Yes, sir. ii Q In that particular room were there any hi overs or suction fans of any sort, as exhaust fans to take off any of i* i :i the dust in those rooms or in that room, while you were working (" ; there? | ! A No. i Q Nov, in that particular room was this a heater -- describe for us how this heater machine was located. Vas it even with the floor, above the floor, or how would you feed that machine with this asbestos fiber? A Well, this heater was just like this floor here, and nnTivjn r*n T 1 ! they had an iron tank that vas put in the floor, and also I don't knov vhether it vas screved or vhether it vas velded 4 - into the floor, but, anyvay, it vas dropped doyn something like about, I vould guess about -- veil, about seven feet, I guess. ii dovn betveen the tvo floors. i: i. i! Q All right. Wait a minute, let me interrupt you here. ;j This iron tank vith a lid on it, hov high above the floor vas i. i: that? Vas, it even vith the floor, or a foot above the floor. !: or vhat? * ji " A Ho, it vas !; i -- it vas right even vith the floor, so I! you could roll a cart right up to it and dump it over in i f there, just like throving it in A pit, just like a barbeque !! ; Pit. | Q Did they have atny exhaust fans or blover apparatus ! !; immediately over that iron lid or opening to that tank vhen i- j: you took the lid off, so dust "vouldn't come out? i ;j A Ho. Q, Ho blover or suction fan over these openings vbere .1 ' | you shoveled in asbestos fiber? A Ho. They auto- i matically didn't have a lid. They automatically didn't have a lid to go over that beater. Q . There vasn't any 111 over it? Q Vas it round or square? A Ho. A Veil, it vas square. And about how square vas it? A Veil, I vould ORE REPORTING CO. say around about -- about tvo by -- veil, let's see; \ t j say around about .four by six, or four by----- I vould Q, Those four by six openings vere even vitb the floor? I A That Is right. *\j1j Q And as I understand It, you vould go and get a little !: * cart or a cart and load it vlth this asbestos fiber and come over and unload It Into this opening? > A Tea, air. The cart bad a little door In front of it, i* ' $ land you vould just hnlatch that door arid you push the cart. i| Hovever, you vould be standing over there and just push the i| jj cart and that vould dump dovn in there, and the remains vould i' :! fly up. Q You say there vas no lid over that? ji A Ho lid over it at all, no. ! Q, That vent dovn into this opening. Into a metal tank? A In an iron tank, yes. Q, In that iron tank? A Yes, sir. Q Hov, over this opening there vaa no exhaust fan or jl suction fan3 or blovers of any kind to keep the dust from I* !* j'coming out vhen you vere vorklng there, vas there? A There vasn't any. Q, Hov many of these beater opening tanks did they have on that floor? A They had number one and -- let's see; number one and number four, number tvo and number six and number seven. Q Hov many did you mention? About five? I A Let's see; number one, number tvo, number four, number six and number seven; about five. t .' | Q Hov far apart vere they on the floor, these openings? : A Oh, I guess It vas something like about -- probably 1! j; may have been about tvelve feet, I .guess. Q Were the openings all alike? ! A Veil, no -- veil, they vere considered all alike, but, nov, tvo of the i ; openings vas on the third floor, and three vas- on the -- three openings on the third floor and tvo vas on the second floor. !* Q I mean on the floor vbere you vorked there vere tvo? A Yes, sir. I vorked on the second floor, too; but, i anyway, the main beater I vorked at vas on the second floor. Q You had also done some vork in the beater room on the i> r ] third floor? A Yes, sir. Q, But most of your time vas spent, from *43 to '47 or i !' '48, on the second floor? \\ . >1 A Yes, most of the time ; from '43 to the time I spent vas mostly on the second floor. :i Q, And there vere tvo of these openings on the second ij jl floor? A Tvo on the second floor----- i Q They vere identical in size, vere they? A Yes, they are all just about the same, j Q And there vas no lid on either one of them? | A No lid. j Q And no suction fan or blover on either one, to carry nn.ot- prpORTING CO. II i iI the dust off? I - A No. Q That is correct. Is it?. A That is correct. Q Now, this was called, I believe, a scrap room; what was in the scrap room; this asbestos fiber? jl ! A No; those rejects which would be stone wall siding I ' and all kinds of shingles and shingles that would be rejects, i. j, and they would send them from the trimming department and have .* ti to be transferred from the trimming department and, however, ti !! they call it the finishing department, btut, anyway, they would !; be put in a hammer mill and have someone feed it in the hammer '! * mill and blow it back upstairs on the beater floor where we . i I was and into a room like this. a Q There were two room3 there, a fiber room and what you are calling a scrap room? A Yes, sir. *; Q Were both rooms about the s-me size*O A Yes, sir. i* * ! .i1 Q You have, already described the size of the room? * A Yes, sir, just about the same size. ; Q Were they next to one another? r |; scrap room was right next to the fiber room. A Yes. The Q From the fiber room, you mean? A Yes, sir. Q, Is that what you are saying, fiber room? A Yes, sir, right next -- the asbestos fiber. Q ^as it separated by a partition? A Yes, sir. Q And did it have a ceiling over each of those rooms? ( A Yea, they had a ceiling over that. q And both rooms, you say, vere about the same size? A Yes, air, about the same size; yes, sir. Q And into each room vaa a pipe,,if I understand it, Inhere this -- in the scrap room there was a pipe that blev i i this reject stuff that vas ground'Up into that room? i A Ye, just the ----- Q Just a minute. . And. vas theee another pipe that blev r j the fiber into the fiber room? ;! A Yes. Tvo different kinds of pipes. !; q The purpose of the !; |; they vould fill the room? !' ;:.blov it in there. pipe vas to blov -- that A Yes, sir, is the vay; J they vould! q When you vent in those rooms you used the respirator? i i ' A Yes, sir. q Vas there any exhaust i ;; in either one of those rooms? r i, j. A Ho. fans or suction fans of any kind[ * ! q In other vorda, the operation vas to fill those rooms i; I. j; by these blovers that blev this stuff in? j A Yes, sir. i q In each of those rooms? A That is right; yes, Bir. I I q And you vould have to shovel that stuff out as the job jvould require into a cart? I A Yes, Bir I! Q Is that bight? A Shovel It out Into a cart and then roll It over and dump it in the beater. Q, I see. Did they change --after you vere taken dovn and transferred from the job as a beater man from the second * I ! floor to the job as a stacker on the first floor,, vere any | changes made there In connection vith the plant operations in i' |i sofar as the Asbestos fiber room vas concerned, or the scrap < r i! room vas concerned? Were any different equipment or arrange- i |: ments made for that type of vork, that you kiiov about? i: [' A Veil, there vas Some change made, but I vas off, they I; brought me off that floor and I vent up there seldom, because !` ! I couldn't stand that dust, it vas more severe than it vas i' dovnstairs, and I couldn't stand it, and, hovever, as near as j I can come at it, they did make a change In the beatees, but i-.... j that vas after I vas gone. |. Q What change did they make In the beater room after you !j vere taken off the job aB a beater man? I- A Well, they later had a closed-in heather. I vouldn't ij knov vhat they call it. ! j Q Describe It the beat vay you can. i I A They called it a dry mix machine and, hovever, they vould have those vorkers, they dump vhatever they bad, that ! fiber they had In sacks, and just dump it in there, and also ! they really put the cement in, and they vould just pass by i | each beater. That vas after I vaa off. ________________________________;;___________________________. CORE REPORTING CO. fc* * 1 n I Q I understand that. After you were transferred from I the second floor to the first floor, did they change these beater openings in any way, or put in machinery of any differ ent kind? A Veil, as near as I can come at it, about two.and a j! half years that they reorganized those beaters and they had a | dry mix completely on the second floor, and they had something |; they call a-worm conveyor and latch like a door, they pull it i'i out, and that dry mix would come on through that better down !? I: into the tank where the water was, and from there on down to ii ii.t - ,, !i the machines and from there -- but I wasn't in that partic, ular Ii. ! department when they ----- Q I understand that. I am/trying to show what changes were made, if any, from the time you left that beater operation !, on the second floor until the time you left the employ of the i ; company. . ! A Yes. Q Did they still have these openings, beater openings? A Just on the particular one machine, that is number one i! Q, And the rest they--------- A They didaway with them and put in -- I don'tknow whether theycall it -- a million dollars worth of machinery. I don't know. A. Q $hey put in a different kind of a closed-in machine? j A Yes, sir, called a dry mix. i Q Vhioh they didn't have when you were there? ROPE REPORTING CO. A They didn't vhen I vas on that floor, Number one vas the onlleat machine when I left there February 29th of *52,that vas the onlleat machine that vas underneath vhere they dump it dovn In that vat, like I was telling you all about, `1 % ' j that is the only one that vas on that operation at that time. : Q Nov, this fiber room, you .said it vas about the size same of this room, about the/size as the scrap room, and tell us abodt l: !i this fiber. Did it come in balls or sheets, or hov? This ii !1: asbestos fiber. - i A Veil, it vas almost -- I guess you have seen spun ;i cotton. ii Q Looked like spun cotton. A It vouldn't be : that large, but you could pick it up like that and seems like ;; you vould pick up a lump of -- veil, it vasn't a lump; you !; vould roll it in a lump, just fiber, just soft. Q It vas blovn into this room vhen you vorked there; is ;; that right? A Yes, sir. Q Or did you at any time have to empty it out of bags? i; A I- f Q, ii vas it? No, I didn't ever have to do that. All right. Vhen you vent in that room to get it, vhere Right on the floor? A On the floor, yes. Q And then you vould take a little cart in there vith yoir j A Veil, I rolled the cart up to the door,yea. I vould j ! roll the cart up to the door and take a long shovel, a long OTPORTING CO. I handled hoe, we called it a hoe, and throw it over there and pull it in the box. But constantly it would get too low for that and we couldn't get it in like that, and we would have to shovel it, and Iwould push ay cart inside the room and shovel lj it. Ve automatically have to clean out the rooms, and didn't ii j! have enough fiber, and would have to blow back in the same || room, because we shoveled it out. I'1 ` Q. You used this thing you call a hoer and a shovel? i ! A Yes, sir, a shovel. !; Q Did you use your hands anv in that work? !: A Ho, I didn't use my hands, no more than 1 used the i: P shovel, that is all. i! Q, And how high would this asbestos fiber be piled up in ! there usually when you went in there? !; A Ve pdled it up to the wall. r i: Q, To the ceiling? lj A r as much as they could get in there. ii To the ceiling, practical:. 7j q> That was about eight feet high from the floor? I: \ A Yes, air, eight or nine feet, something like that, jQ l room? How high would this scrap be pi}.ed up in the scrap A Just the same. Q The same? A Yes, sir. Q How would you load the cart? In the same way, with a hoe and shovel? A A hoe and a shovel, yea, sir, andpractically when you open those doors, whenever you go to 1 . ' f* n that door, vhy, It vould just be pressing against the door i fall right out, and there vould be a pool of dust, and ctically something like tventy or thirty minutes before it get '.d7so probably ve could see one another, Q Which room are you talking about? A That is on that particular floor there, Q You mean the second floor? A Yes, sir. Q, Where you vorked as a beater man? I Yes, sir. Hov big a room vas that? I mean outside, nov, of the1 >om and outside of the fiber room, asbestos fiber room, fas the rest of that floor? The vbole main floor? fhere the beater man department vas, vhere you vorked r sain, hov big vas that room vhere you vould dump it e'rs? rever, the beater vas not in the room, and it vas on loor and made in that ----- : floor, I mean. Fee. A On that floor, 1.3 vide as the plant. I couldn't say that, room? A Well, the vhole entire floor. - A As vide as the plant, here other operations carried on, besides vork that second floor? What else vas done on py had a Job they |ed were grinding color, and I vorked in there. Q Vhat did that vork consist-of? A Consist of dry color grinders. Q Vaa that done on the second floor? 3i A That was on the first floor, "but that vaa a separate i! i! room and just about as large as this, or a little larger. jl !; Q Hov long did you vork as a color grinder? i* i .1 i> A Veil, that vaa in and out, just like I vas vhen I vas h ; in the other job, just if I got bumped; back and classified, I i *1 vorked there. ji Sometimes it vould be tvo or three months at a - * j| time, and sometimes longer, and sometimes the time vould be :: shorter. Anyvay, I vas consumed vith dust at all times. That beater |, vas automatically vorse than the/femv floor, because you had l! j; different kinds of color. i You had----- . ; Q, You vorked on that at different times, no special or jl regular job, is that it? i A Veil, it vas a regular job, yes, but off and on; if it ~ !! you had to move up or set back, and if you had a seniority to i: I move up, you vould get it, and you vould have to move back. i | Probably tvo or three months and probably tvo veeks, or something like that, veil, you vould have a set back. If you got bumped back, you vould go right back in the color room. Q At the time you left this company, about Harch 1st of 1952, vhat vere your average veekly earnings there? V-'. A Ob, veil, I think Igot it here. nn^r nrpnDTIMIj HD. MQ . Q .1 don't.mean that one slip; but what was your average 1 A About fifty-five -- the gross pay was $56.40. Q $56.4o? I A Yea, air. Q Hov long had you been earning that? 1 II A For five days, working five days, that was $56.40. Q The average was $56.4o per week? A Yes. Q Hov long had you been earning that? A Well, we run regular, I would aay I would run around IiI; that for the last two and ahalf years; two and a half years, ! i' something like that. Si I am not counting last year. I wasn't there but just a short while. ii I*':I1I q Hov, you testified that you had asked the company I! toexamine you on several occasions? A Yes. I vent in and asked them. Q When was that? A Well, that was around in 48, '49. Q, Who did you ask? A Well, I would consult with a friend of ours. 1! Q Who? j! personnel man. A Frank Mollerus. He was the Q I didn't get that last name. A Frank Mollerus. I think 'that was his name. Q, Mollerus, or something like that? A Mollerus, or something like that. I Q He was the personnel man? A He yas at that I time. i I iQ ^ This vas about 1948 or .*49? A Tea. Q. And how did you come to go to him and ask that you be sent to a doctor? A Veil, I would just -- I * i bad bad feelings and I vas Just going dovn, aeema to lte I I wasn't doing any good, I vas coughing and losing weight, and ; > appetite. i Q, Did he send you to any doctor? A Ho, be didn't. Q I see. A He would always tell me he would i; see about it. r * He never would see about it, and then that is how come me to consult with my committeeman to do something about it. Q I see. A And I don't know exactly what time i. but they did have a doctor look at me once, but whatever was said, I don't know. I remained on the same job that I was on. Q Do you know Mr. Villiam L. Helson? j A Yes, I know him well. { Q And what is his position, if you know? I; !| A Veil, I don't know whether he is supervisor or auper- !; intendent, I don't know which one it is. He is the big shot I there, that is all I could say. Q Is this Mr. Mollerus, or whatever his name is, the i personnel aan, is he under Hr. Villiam L. Helson? ' A Yes, be is under Helson. I don't know exactly now what he is, hut ai some particular times during that time he was personnel, hut they have different personnels there nov. Q Is 1h is personnel man, Mollerus, whatever his name is, his boss, as far as you know, William L. Kelson? A Yes. Q Kelson is superintendent of the plaint? A He is the bead nan there. He signed those checks. As far as Iknow, he was superintendent, or he Is the bead of everything, running It. As far as I know, that is what they told me. Q Did you ever unload any cement or asbestos from any !of the freight cars on their spur? A No. Q, Any doors or windows on that second floor where you feed these machines or hole in the floor as a heater nan? . A You mean in the plant? Q Yes. I mean on that second floor where you worked mainly for about three or four years, were there any windows j; on that floor? i' |! A Yes. I i Q, Were they open at all times? A Wo. Q When did they open them and when did they close them? S A Well, according to the rules, they wasn't allovdd to j open them Q Why? A That Is something I wouldn't know They always told me they wasn't allowed to open them, "because some of the fellows would open them, and, anyway, they wasn't allowed, that is what we was told. Q Didn't they open them even In the summertime? . A Tea, sometimes. But when they did want to open them tand they put fans on the floor, I was off the floor then. t! ' j: Q When you worked up on that floor, the second floor, di$ |* I !; they have any ventilating fans of any kind? r' j; A .The onllest fan they had was just what I told you all i about. It stayed broke down most of the time, just one. j: jl Q What kind of a fan was that? Describe It briefly. ! A Well, 5t was just -- I would call it a heater, and it. ; then in the summer to blow air. i* Q How big a fan was it? Is that the fan you said was ! j` about as big v t this lamp, or larger? i, i. ; A Ho, that was larger. It had three holes, one bloving i i. this way and one straight out, and one to each side, and one . straight out. >. Q You mean this one fan? A Yes. the Q, Where was it located? In the center of, floor, or nex to the windows, or where? A It was in the center of the floor. Q How high was the fan? Did it stand on a pedestal? A It was built up on ----- Q, Was it built on a pedestal, or on a pipe, or hov was rn it placed? ' A It operated "by a belt, and I don't know whether it was a galvanised Sin; or what. Q It was driven by a belt? A Yes, sir. Q How big was this fan? A Veil ----- Q About? A Well, it stood about seveh feet li high, and I guess ----- Q How big were the blades? I \ something inside; I never seen the blades. A Well, that was That is pulled by a belt, and it was down in there, and blows up over, and it come out up there, up over me. ^ How big was the container in which the fan itself was placed? Give us some idea about the size of the fan. A Something about like that table but not as long as ?! |i that. I i : Q I t -j; wide? it: !`. Q, Hot as long as Mr. Marsalek's desk here, but about as A About as wide, yes. About four or five feet long, would you say? j: A It wasn't quite that long; r!i | by -- it was just about like this. * about three feet, three j Q Was that the only fan they had on that floor? A When I was there. Q When you worked there? A Yes, sir. Q On the second floor? ! A Yea. Since I was off they practically put some electric fans practically at every beater, after I was off the floor. When I was ontere.. that vas .the ' onli.est fan they had, and it stayed broke dovn more than it run. Q Did dust accumulate on the floor, on that second floor? A You mean just the vails ----- i I Q On the vails and on the floor. I A Yes, sure. I; Q Was it covered by dust? A Covered by dust, yes. !| Q Can you describe the dusty conditions that you said ! , ' j| existed to some exten^bn the first floor, vhen you became a IS , !; stacker? i! !i A Veil, that dust vould come dovn so strong ve vould || \l i have-- ve had a cap and it vould get so thick on there you could i !: vrite your name on it. i! Q On vhat, nov? i! * A On your cap, and the dust, you |! could take your finger and vrite your name on it. !' Q You mean vhen you ve.re even a stacker? ! i. ij A As a stacker on the first floor, yes. And ve had some I' i: ladies that vorked there and doing the same type of vork as i' ;i the stackers, they vould have to tie their bead up, and if they |didn't tie it up, they vould get it all in their hair, so 'much dirt and dust and it vould be all in your mustache and I n,ose, you could run your finger in your nose and get it out jus'; like mud.' Q Vas that the same sort of situation that existed on ttu second floor vhen you vorked up there as a beater man, or vas it vorse or better? A It was worse on the second floor than Itvaa on the flrat floor. Q I see. A Vhen ve -- sometimes between times before quit work, after our shift would go off, and we had * an air hoae that you turned over there, a little rubber hose, i ! something about like this right here, about that size. I woulc ij i, isay about an inch, and come down and i, . ! Q. Like an inch or inch and a half pipe, hose, inch and Ij | a half hose? A Just about an inch hose, a little ij jj small hose, a little bigger than your finger. You would have ! to turn it on and blow the dust out of your clothes to De kind i |i I'of fit to get out there and put them on the next day. !; Q You had to do that at the close of each day? i! j! A Yes, sir; !: hours was over. sometimes between times before the working ii;` Q, Was that what that hose was for? i; . i*l A Yes, for the beater men. ii Q, To blow the dust out of your clothes? I A Yes, sir, to blow the dust out of your clothes and off your cap. Q And your cap. Did the company ever furnish you any gloves or cap or -- you said they never furnished you any work clothes? A Ho, sir, no work clothes. Vhen I first started to work there they didn't furnish any gloves, we had to buy them; I j tut later on they did furnish work: gloves. |^ Q I see. As far as you know, what was the condition of your health before you went to work there at the Ruberoid Company? j A Veil, as far as I know. It was excellent. I was In i S excellent condition. I taken a physical examination out \, !; I there, and they was pretty tight, because we was -- some of I i the first colored they ever hired there, and I was amongst some i li !l of the first men they hired and they were awful particular abou ; ji !! your health. ' !> Q As far as you know you in good condition, then? i, J:iA As far as I know I was in excellent condition. l! j; Q As far as you know did you ever have any lung trouble f' l! * at all before you went to work there? f i! A Well, I never remember of even going to a doctor pore. r. ... !! Q, How----- A Up until after I went to work for I; ij the Ruberoid Company. ": Q, 'You mentioned a Dr. Little here. Va3 he a company j| doctor? A Ho. Dr. Henry Little, he is a -- his I office is at 3100 on -- let's see, what is the name of that I street -- I can't tell you now. Q Vas he your orn doctor, or did the company send you to him? A He was y family doctor for a while. Q Before Satterfield became your family doctor? A Yes, sir. Q Is Dr. Scrtterfield stillliving? A Ho, he is dead. He died a few months ago. Q Who was the doctor that gave you the medical examina tion for the company before you went to work there? | A I don*t know his name, I mill be frank, I forgot his ! 'name. r I once knoved bis name. If you could call it, I {`could call it, but I can't think of it. Q Was this Dr. Vateman with the company at that time? A Ho; he come in afterwards. Q When did he become the company doctor? to your knowledge? ij A Well, I was examined so seldom, I didn't know the year; j: Q You don't know? A Ho, because I didn't have ; very many up3 and downs when I first started. I; i! Q, Where did this Dr. Westerman have his office? I |i A Well, aa far aa I know, they always examined the ir`employees at the company there, out there. jj Q, In the office? A Yea. i* Q Did they have -- Hr. Harsalek used the word "clinic"; ii |did they have a company clinic or dispensary or first aid? A Yea, they had a first aid. Q, What did they call it? A Just like if you got your hand.hurt on some machines, you would go in and the lady would wash it In ----Q What did they oall It? dispensary or clinic? First aid department, or A Well, I gueas they did 1 J j have & clinic, because I Been aome of the eiaployeea that -would ! go in there. i i j Q They called it a clinic, aa far aa you know? ! A Tea, air. i Q Did they have a nurae in charge of it? ! }j A Tea, air. . j'l Q Do you Imov her name? A Well, they had one in there at the time, they called her Hias Plathuah and----- i! Q They had no doctor there at all times; he would only ' come occaaionally, ia that it? jj A Tea. Certain daya he came in there, aa far aa I know , .1 \ . j; to consult the doctor being there. !' Q The only company doctor 'whose name you can recall is i I' this Dr. We a terrain? < A Dr. Weateraan. I 1= don't -- I can't think of the man that give ae the first j. physical examination when I was hired there. I can't think I! . . || of hia name; but I know if someone would call it----- Q, Fee, did Dr. John Uurphy send you to any other doctor? !; A Tea, air, be sent ne to----- j! *i Q. Who to? i: I i building. ` A I don't know. He was in the same Q An x-ray nan? A Tea, air, the x-ray man. Q Did he send you to any laboratories, doctors that run a laboratory? A Tea, air, ha sent me there. . Q Do you know who they were? A Ho, I don't kno ronori n CO. He just sent ae there. HR. GOODMAN: .That ia all A That vaa all I know. QUESTIONS BY MR. MARSALEE: | Q Pee, after you left the Ruherold Company there, the i1 last day you worked and you left, did you ever go hack? i i !, A Go to Ruherold? !! Q .Yes. A I been hack out there once. Q When was that? A I can't recall it, hut !i I had that little group insurance and, however, that was in -- li H ij sometime in November, and they had on there when you are totally and permanently disabled, and I vent out there and I i| ; was totally disabled to vork at that time 7 think ten months; ii ' j, hut, anyway, I consulted with ay committeeman, Joe Reed. H0v- i: i; !; ever, he e*.,3 ay president and committeeman. I consulted vith I him about it, because they hadn't paid me none of that money, and so I consulted vith him and he vent in to see about it, I ! and then he sent me word that I would have to come out and ,i j| talk vith the personnel, and so I called out there, instead of ij jj going at that time, and they informed me I would have to get ;i j! a Btrip from ay doctor. So I vent to Dr. Gueno and he give me a atrip to take out there to them for total disabled, permanently disability. Q Then you took that slip out there that the doctor gave I you? A Yea, sir. a- #V-N Q Did you See the personnel man? A Tea, sir. Q Youdidn't go around the plantat that time, did you? A No; I Just went in theiroffice. 3 Just to see the personnel aan? A Yes, air. ! Q You can read, can't you? A Yes, air. Q But you can't tell ua any kind of sign you ewer sav posted around that plant, or any kind of a notice? A I didn't see one. I: !l Q You can't tell us one? .i A JTo. j: Q Any kind of a sign? A The signs you are {! !' asking concerned about, I never seen them. They posted a iI.l j sign for the work or help. They bad a schedule, they wanted j! you to come in on a Sunday to work, or if they had overtime, I '* ve looked for that sheet:9 but that wasn't the kind of a thing ' * j' you asked me concerned about. j' Q You did see signs, then, for -- relating to your work, !' when you were to come back to work or overtime or something !' ; like that? ii;' * * j. A Vork aohedules, yes, from Monday through Friday, and i! jj I was supposed to look at that. i! i* Q You were looking for those, weren't you? A Yes, air, because I vas told to look for them. Q You didn't look for any other kind? A Ho, I didn't -- no one tell ae about it, and Ididn't look for no other kind, and I didn't see no other kind. i HR-. HARSALEK: That is all. HR. GOODMAN: That is all. ^ ___________ Fee James. Subscribed and s-wom to before ate this cllo^^day of A. D. 1953. Hy commission expires September 19, 36. . a j j*. ;ary Public, within County of St. Loi r the Missouri, CERTIFICATE STATE OF MISSOURI ) ) ss. COUNTY OF ST. LOUIS ) I, Thomas T. Gore, a Notary Public within and for the County of St. Louis, State of Missouri, duly commissioned, qualified and authorized to administer oaths and to take and certify to depositions, do hereby certify that pursuant to agreement, in the civil cause now pending and undetermined in the District Court of the United States -within and for the Eastern Division of the Eastern Judicial District of Missouri, entitled Fee Jaae3, plaintiff, vs. The Ruberoid Company, a corporation, defendant, to be used at the trial of said cause in said court, I was attended at the law offices of Messrs. Moser, Marsalek, Cai*Pnter, Cleary & Carter, Suite 330 Pierce Building, 112 North Fourth Street, in the City:of St. Louis, State of Missouri, by Fee James, Courtney S. Goodman, Esq., John 3. Marsalek, Esq., and Charles F. Luke, Esq., on the ij 11th day of February, A. D. 1953. 11 ij The said witness. Fee James, being of Bound mind and being 'i !i by me first carefully examined and duly cautioned and sworn to j testify the truth, in the case aforesaid?, thereupon testified j !j as is shown in the foregoing transcript, said testimony being j |11i1 by me reported in shorthand and caused to be transcribed into !'typewriting, and that the foregoing 6l pages correctly set fortfc 1; j! the testimony of the aforementioned witness, together with the (j !: jl questions propounded by counsel, and remarks and objections of !'counsel thereto, and is in all respects a full, true, correct iJ'l and complete transcript of the questions propounded to and the jl ' - j; answers given by said witness; that said testimony, so trans- ij ji cribed, was subscribed by him in ay presence in the City of St. Louis, Missouri, on the ^clay of 1953* I further certify that I am not of counsel nor attorney * for either of the parties to said suit, nor related to nor interested in any of the parties or their attorneys. Witness ay hand and notarial seal at St. Louis, Missouri, this <7? b -<Jay of u, 1953. : J*y ooonaanission te:xpire^ September l^t,Vl956. I . A , f/t /'x.A OORE REPORTINC PIF. Mfct] EXH'grr mo. n ^ ,,.!u vT7 OEPOOF: V/.', l,' S' MTt ____<7" DC THE UNITED STATES DISTRICT COURT FOR THE EASTERN DIVISION OF THE EASTERN JUDICIAL FEE JIVES, Plaintiff, THE KUBEROID COUPANT, a corporation. Defendant* PLAINTIFF'S INTERROGATORIES PROPOUNDED TO DEFENDANT, THE RUBKROU) COMPANY, A CORPORATION To the above-named defendant and Nooar, Narsalek, Carpenter, Cleary & Carter, and John S. Narsalek, its Attorneys of Record: Under and pursuant to the provisions of Rule 33 of the Federal Solas of Civil Procedure, you are hereby requested to answer separately and fully, to-wit: INTERROGATOR! NO. 1 When was the last time that your company filed an application seeking to be qualified as a self-insurer under The Workmen's Compensation Law of the State of Nissouri? State the date of said application and the date of the filing thereof, and the name of the person or persons connected with your company who signed said application* INTERROGATOR! NO. 2 State whether the last time your company was licensed as a quali fied self-insurer under The Workmen's Compensation Law of Nissouri whether your license was issued by the Workmen's Compensation Commission, the Divi sion of Workmen's Compensation, or by the Industrial Commission of Nissouri; and give the exact date your company was ao licensed* INTERROGATOR! HO. 3. Did your company during the year 19U5 or at any time thereafter flla an application seeking to become a aelf-Insurer under The Workmen*a Compensation Law of Nissouri with either the Division of Workmen's Compen sation or with the Industrial Commission of Nissouri? If so, state the date any such application was filed and with whom filed and whether or not any license was Issued pursuant thereto, and the name of the official agency that iiaued ijy eueh license. . INTERROGATOR! *0.' U Giro the exact date your company lest made application under The Workmen's Compensation Law of Missouri svideneing its intention to elect to bring Itself within the proTisions of said law with respect to occupational disease; and state whether such application was filed prior to 191(5 with The Workmen* a Compensation Cosaission of Missouri, or since that data with the Division of Workmen1s Compensation or with the Industrial Commission of Missouri. INTERROGATOR! NO. 5 State whether William L. Kelson is employed by your company as general superintendent, and if so, state how long he has been employed in that capacity* INTERROGATOR! HO. 6 State whether William L. Nelson is manager of your plant at 9215 Riverview Drive, in the City of St. Louis, Missouri. If so, state during what period of time he has been manager of said plant* * IH1EHR0GATORI HO. 7 Do you admit that William L. Helson was the plant manager or plant superintendent in said plant from the early part of the year 19U3 until the early part of the year 19527 INTERROGATOR! NO. 8 Is it true that in said plant your company manufactures asbestos cement building products? ~ INTERROGATOR! HO. 9 Is it true that the principal ingredients of the products manu factured in said plant are asbestos and portland cement? INTERROGATOR! NO. 10 Do you admit that from the early part of the year 19U3 until the early part of the year 1952 the plaintiff. Fee James, worked in said plant aa a laborer where manufacturing proceases were carried on in which asbestos and Portland cement were the principal ingredients. INTERROGATOR! NO. 11 During the tine that plaintiff, Fee Janes, worked in said plant aa a laborer, did your company furnish bl* with any work clothes? If so, give fall particular* with respect to the nat ire and extent of the clothes so fur nished. INTERROGATOR! HO. 12 Daring the period of tine that plaintiff worked In said plant did your company furnish him with any work glovee? If so, state the nature of said gloves and the reason for furnishing ease* INTERROGATORT HO. 13 In addition to the asbestos and Portland cement are any coloring natters used in the nannfaeturlng processes there carried on? If so, state In detail what paints, pigments or other coloring natters are used, and the sanner in which used. INTERROGATOR! HO. Hi Is it true that daring a large period of plaintiff's snploynent he was employed as a beatsrman? If so, state what work In particular he was re quired to do in that capacity* INTERROGATOR! NO. 15 Is any dust generated in connection with the work of a beaterman? * __ If so, to what extent*^ INTERROGATOR! NO. 16 la it true that the asbestos fibres used in the manufacturing pro cesses carried on In said plant come in freight cars which are unloaded Into a warehouse or a storage room In said plant? INTERROGATOR! HO. 17 . If your answer to the next preceding Interrogatory is In the affirm ative, did plaintiff's work require him to shovel or lead asbestos fibre in said warehouse or storage room and cart it Into the manufacturing room for the pur^ pose of placing it Into a mixerj and state bow often during the time of his employment he was required to do this particular type of work. INTERROGATOR! NO. 18 During the time plaintiff worked as a beaterman in said plant did be use a fork or shovel in an asbestos fibre storage room in order to place such fibre into a cart or truck for hauling to a mixing tank? If io, state how long be was engaged during the entireperiod of Me employment doing that ;:v Wofv' type of work IHTERROGATORT HO. 19 ire the atmospheric conditions in the manufacturing part of the plant any different from the atmospheric conditions in the asbestos fibre room, 1. e., is more dust generated in the one room than the other. INT5RE0GAT0RT HO. 20 Did your company erer make a dust count in either the manufactur ing part .of said plant or in the asbestos fibre storage room, or in any other . part of your said plant? Xf so, give full, particulars as to any and all of such dust counts,' state when they mere made, by whom they mere made, horn they mere mads, including a description of the equipment or apparatus used in making such tests, and state in detail the findings and results of ary and all such dust`counts, DiTBRfDGATOHT HO. 21 State -whether there mere any exhaust fans maintained and placed in operation during the period of plaintiff's employment -with your company in either the manufacturing and processing part of your said plant or in the asbestos fibre storage room, or in any other part of your said plant. Xf -- so, give full particulars -with respect to the type and character of any such fans maintained gnd placed in any of such sections of your said plant. OT2RR0GATOHT HO. 22 Aside and apart of any exhaust fans as mentioned in the next pre ceding interrogatory, did your company maintain any other type of exhaust or blower system to remove any noxious gases, fumes or dust from the manufacture ing-or processing part of your said plant or from the asbestos fibre storage room or from any other part of said plant? Xf so, state full particulars giving the type of exhaust equipment or apparatus so used. ^ XNTEKROGAXOAT HO. 23 Is the plant lay-out and working conditions in those sections of your said plant in which plaintiff worked during the entire period of his employment the same now as they were during the time plaintiff worked for your compary? Xf there have been any changes, state full particulars in connection with any changes so made* 0 -h- INTERROGATOR! NO* 2l State tba waber of -windows in the manufacturing or processing department of sold plant and the number of windows as contained in tbs asbestos fibre storage room or -warehouse, and also state the dimensions of said -windows and -where located* INTERROGATOR! HO. 25' During the tine thst plaintiff worked for your coopsnr at or near the miring tank or eat was there any hood or any other device over or about said mixing vat or tank which was used for drawing off any fumes, dusts, or gases? If so, givo full particulars with respect thereto* INTERROGATOR! NO. 26 During the period of plaintiff'a employment was he required to work around any cement bins? If so, state where such bins were located and whether the atmosphere around any auch bine was dusty] and give the dinenalons of auch bins* INTERROGATOR! NO. 27 Did plaintiff ever work in your said plant m-i-Hug ground dry colors or pigments? If so, state how long he worked in such operation. INTERROGATOR! NO. 28 In connection with any of the Jobs assigned to plaintiff during his period of employment with your company did your company ever furnish him with any respirator? If so, state when this was done and the nature of the plant operation where respirators were indicated or required. INTERROGATOR! NO. 29 Does a beaterman's job entail more exposure to dust than other types of employment in your said plant? if INTERROGATOR! NO. 30 Is a beaterman's Job one of the dustiest Jobs carried on in your said Plant? S INTERROGATOR! HO. 31 Has your company aver made a study of any kind with respect to the effect of asbestos or cement exposure or a combination of both, on 0 the worker? If so, state the nature of any such study and the findings and results thereof. -5- HtTSHROGATOHT HO. 32 Except for the plaintiff, here any cases cose to your attention where workers in yottr said plant have contracted asbestosis, silicosis or any other chest condition? IX so, state the number of cases that hare cose to your attention and full details with respect thereto. Sf -puex ^e**^**" * IHTERROGATOR! HO. 33 Yaa plaintiff given a pre-employment medical examination before he went to work for your company? If so, state whether you have a record of such examination and give the name and address of the examining physician. ihtzrrooatoki ho. 3U . After plaintiff was ewployed did your company give his a periodic monthly aedical examination during the entire period of his employment? If so, state the dates that these examinations were Bade and the name and address of the physician or physlcims who made them. INTERROGATOR! NO. 35 During the period of plaintiff's employment with your company did yo*:r coapany post, in a conspicuous and prominent place, a notice that it had ;cted to accept the occupational disease provisions of The Missouri Yorkarn's Compensation Law? If so, state how many of such notices were posted and where the same were posted; also state when same were posted and give the name and address of the person or persons who posted same. INTERROGATOR! HO. 36 During plaintiff's employment with your coapany did William L. Nelson have supervision of or Jurisdiction over the adninistratlon of acci dents, diseases or claims of workers arising under The Yorkmen's Compensation 0 Law? If so, state the extent of such jurisdiction or supervision. INTERROGATORI HO. 37 During plaintiff's employment did William L. Nelaon have Jurisdic tion of and supervision over the general housekeeping and health and safety measures in said plant? INTERROGATOR! HO. 38 During plaintiff's employment what health or safety measures were adopted to control the dust generated in said plant. -S 39CHEFROGA.TORT MO. Daring the period of plaintiff b eniployaen t how often would the floors of said plant in the departments In which plaintiff worked be cleaned and swept! XHTERROGATOKf HO. IjO Would the cleaning and sweeping of the floors In said plant where plaintiff worked be carried on during working boart? INTERROGATOR! HO. U1 Daring the period of plaintiffs employment did jour company post in any conspicuous place in any of the departments where plaintiff worked any notice which would warn plaintiff and other employees of any of the dust -or fuse hazards as may ha to been present in said plant? If eo, state when and where such notices were posted and by whom. INTERROGATOR! NO. U2 Is it true that during the period of plaintiffs employment all reports of accidents and illnesses of employees which occurred during the operation of said plant, whether written or oral, would be brought to the attention of William L. Nelson? If so, state what Hr. Nelson would do with said reports. (Tpu-t-w.'v . INTERROGATOR! NO. U3 la it true that during plaintiff's employment William L. Nelson signed all reporta as required by The Workmen's Compensation Law with respect to accidents and illnesses whLicehh nay haws occurred in the operation of said plant. INTERROGATOR! NO. lilt . > itt -- .* During the time of pplainnttiiffff's employnmeenn' t was your said plant ewer inspected by factory inspectors of the State of Hiaeourl? so, state when such inspections were made and in what part of the plant aame were aada; also state the findings, conclusions and recommendation* of said inspectors. Cr.-ail <*' Milton R. Fox 722 Chestnut Street St. Louis 1, Missouri -<CH 5077) Copy of the AboTM Interrogatoriea mailed this VZ/day of April, 1953, to defendant* attorneys, Moser, Marsalek, Carpenter, Cleary k Carter, aV, and Yvtt&i ^ Courtney o. Jooctman 722 Chestnut Street St. Louis jL, Missouri -(CH 1990) and John 3. Marsalek, 330 Pierce Bldg., St. Louis, Missouri Attorney* for Plaintiff 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN JUDICIAL DISTRICT OF MISSOURI EASTERN DIVISION. FEE JAKES, Plaintiff, vs. THE KUBEROID CO., a corporation. Defendant. J ) ) ) ) ! 8864 *2) No. } ) ) Court Room No. HULEN, J. ) ) Circuit Court lo. 59222; ) ! NOTICE OF FILING OF REMOVAL PETITION. TO THE ABOVE NAMED PLAINTIFF OR MESSRS. MILTON R. FOX and COURTNEY S. GOODMAN, hi* ATTORNEYS OF RECORD: I You are hereby notified that the defendant above named has filed in the United States District Court for the Eastern Judicial District of Missouri, Eastern Division, a petition and bond for removal, copies of which are hereto attached. * MOSER, MARSALEK, CARPENTER, CLEARY & CARTER, fJnViw a. Attorneys for Defendant. Pierce Building St. Louis 2, Missouri. GArfleld 5365. Service of a copy of the above A copy of the above notice and notice and of the attached re of the'attached removal petition moval petition and bond for and bond filed in -the Circuit removal la acknowledged this Court of the __________ of 31^- day of , 1&S3- jj ,Mlssoury, this --'J'f _ --_ day ol> C7a-r; 19 _n nr 'f gy. Attorney for Plaintiff./ PHEL1M OTOOLE Clerk of aaid circuit Court. 'j.t/ 6 Circuit Court for the City of St. Louis State of Muaouri \ v- r- : Fee PlainUS The f.uberolri Conpany, a corp. No. 5.92/U D Div. / Defendant The Slate ol Miuouri to Defendant SUMMONS The ltuberoid Conpany^ a corp* You are hereby rummoned to appear before the above-named court and to le your pleading to the petition, copy of which la attached hereto, and to aerve a copy of your pleading upon ' 1 Hilton H. Fox fc Courtney S. Ooodnan attarr*y lor piainU- vhoc* kddrtu la - 722 St* .............. ail within 30 day. after advice of thia lummoni upon you, exciuaive of the day of aervice. If you fail to do ac, judgment by default will be taken against you for the relief demanded in the petition. Dated Oct. 13 , IS 52 (Seal of Circuit Court) By PHELIM O'TOOLE Circuit Clerk. Deputy Clerk. j).Z. / Jc* X >. 4^/. --... -iJpVd'V _,,.r - . jvr~ w-.-, * a. KF. DEF. ------------EXHWT KO. Z?Z__ ? DEPOOV? MTt 7- IB THE UNITED STATES ____ _ )R THE EASTERN DIVISION OP THE EASTERN JUDICIAL DISTRICT OP MISSOURI. PEE JAKES, Plaintiff, THE RUBEROID COMPANY, a corporation. ) ) j ) ) ) ) Cause No. 8861;. Court No. 2. Defondant. ) DEPENDANT'S OBJECTIONS TO PLAINTIFF'S INTERROGATORIES. Pursuant to Rule 33, P.R.C. P., defendant, within ten days after service upon it of plaintiff's interrogatories, objects to certain of said interrogatories, herein set forth, for the reasons stated: INTERROGATORY 50. 15 "Is any dust generated in connection with the work of a beateraan? If so, to ehat extent.* Defendant objects that said interrogatory in calling for an answer as to the extent of the dust, seeks an opinion or conclusion, and not a statement of fact. INTERROGATORY HO. 19 "Are the atmospheric condition in the manufacturing part of the plant any different from the atmospheric conditions in the asbestos fibre room, i.e., is more dust generated in the one room than the other." Defendant objects that said Interrogatory ealls for an - opinion and comparison, and that the answer would net be rclovsnt to the subject matter involved in the aotlon. "INTERROGATOR! BO. 23 Is the plant lay-out and working conditions in those sections of your said plant in which plaintiff worked during the entire period of his employment the same now as they were during the time plaintiff workftd for your company? If there here been any changes, state full particulars in connection with any changes so aade." Defendant objects that said interrogatory is too broad and general. .. That it calls for infomation not naterial or relevant to the subject natter; that it is vague and indefinite in its reference to "plant lay-out," "working conditions" and "changes." "INTERROGATOR! HO. 29 "Does a beaterman's job entail nore exposure to dust than other types of employment in your said plant?" "INTERHOGATOHI HO. 30 "Is a beaternan's job one of the dustiest jobs carried* on in your said Plant?" Defendant objects that said interrogatories call for a comparison and opinion, and for inforaantion not material or relevant to the subject matter of the action. "IHTERROGATOHX HO. 31 "Has your company ever made a study of any kind with respect to the effect of asbestos or cement exposure or a eonlna- tlon of both, on the worker? If so, state the nature of any such study and the findings and results thereof." Defendant objects that such interrogatory does not call for any fact which would be material or relevant to tho subject matter of the action; that it calls for opinions and conclusions, and for the result of investigation, study and research on defendant's part; that plaintiff is not ontltlsd to eall for such information. 2 "IHTERROGATOHI BO. 32 "Except for the plaintiff, have, any caeca cone to your attention there workers In your said plant hare contacted asbestosls, silicosis or any other chest condition? If so, state the number of eases that hare come to your attention and full details with respect thereto." Defendant objects that said interrogatory is too broad and inclusive; that it calls for matters which would be col- lateral, immaterial and irrelevant to the subject matter of the action; that it would require defendant to express opinions whether other employees had sustained asbestosls, silicosis or other chest conditions. "INTERROGATOR! BO. 36 "During plaintiff's employment with your company did William L. Kelson have supervision of or Jurisdiction over the administration of accidents, diseases or claims of workers arising under The Workmen's Compensation Daw? If so, state the extent of such Jurisdiction or supervision." .,, Defendant objects that said interrogatory calls for Information which is immaterial and irrelevant to the subject matter of the action, and that it calls for a legal conclusion and opinion. "IBTERROOATOEX MO. 38 During plaintiff's employment what health or safety measures were adopted to control the dust generated in said plant. Defendant objects that said Interrogatory is vague and indefinite and too broad in its reference to "health or safety measures." "IETERROGATORY BO. 42 "Is it true that dnrlng the period of plaintiff's employment all reports of accidents and illnesses of employees ! which occurred during the operation of said plant, whether written or oral, would be brought to the attention ef 31111a* L. Beleon? If so, state what Hr. Selson would do with said reports.* "IHTKRBOQATOET 30. is it true that during plaintiff's employment 31111a* I>. Helson signed all reports as required by The 3or2cten's Conpen- satlon Law with respect to aocidents and illnesses which aay have occurred in the operation of said plant." Defendant objects that said laterrogatories are too broad, vague and indefinite, that they call for a conclusion and opinion and for information which is not relevant or material to the subject natter of the action. "INTERROGATORS' DO. 1& "During the tine of plaintiff's employment was your said plant ever Inspected by factory inspectors of the State of Missouri? If so, state when such inspections were made and in what part of the plant same were made; also stats the findings, conclusions and recommendations of said inspectors." Defendant objects that said interrogatory calls for information which is immaterial and irrelevant to the subject matter of the action; that it calls for the opinions and eon- elusions of the factory Inspectors referred to, and not for facts. WHEREFORE, defendant respectfully prays the judgnent ef i this Court, whether it be required to answer said interrogatories Copy of above objections nailed to Courtney S. Goodman, plaintiff's attorney, this /*7,-^A.day of April, 1953* ? i MOSER, ^Li/BSALEEJ, oChnARSPE. RKTEaHra, aClaLKSA, HT fc CARTER, Attorneys for Defendant. 330 Pleroe Building, Qt. Louis 2, Missouri. GArfleld 5365. - V- IN THE UNITED STATES DISTRICT COURT VITHIH AND FOR TEE EASTERS DIVISION OF THE EASTERN JUDICIAL DISTRICT OF MISSOURI. FEE JAMES. *U.ED "BVisiaa) Plaintiff, No. 886U. (2) CUSK THE RUBEROID CO., * corporation. Defendant. DEFEHDAMT*S ANSWER. w.otw. aC .tXWIT M DL-l 7 vMeUn:tt_: 3 f For anawer to plaintiff* petition defendant atateat I 1. Defendant admit* the averment* aet forth in paragraph 1 of the petition. 2. Defendant admit* that plaintiff vaa employed a* a laborer In defendant'* plant In the City of St. Loula, Hlaeourl, from the early part of the year 1943 until the early part of tbe year 1952. 3. Defendant denlaa each and every allegation aet forth in plaintiff* petition which la not hereinabove ezpreaaly admitted. II 1. Defendant atatea that at all tinea mentioned In plaintiff'a petition, and for a long time theretofore, defendant wa* a major employer under the terma of the Mlaaourl Voricmen'a Compenaatlon Law, Chapter 287, 8ectlona 287.010 at aeq., Mlaaourl Revlaed Statute*, 1949, In that defendant at all aald time* had more than ten employe* regularly employed; that defendant duly elaoted to accept the. occupational diaeaae aection of aald law. Section 237.020, M.R.S. 1949, by riling with the Missouri Workmen's Compensation Commission, (now Division of Workmen's Compensation) created by said law, a written notice or Its said election, and defendant posted In conspicuous plaoes in Its said plant and on Its premises notices or said election furnished by said commission; and defendant states that It was at all said times a duly qualified self-insurer under said Hlsaourl Workmen's Compensation Law. 2. Defendant states that the plaintiff at the time , he filed this suit and at all tlmea mentioned in his petition well knew that the defendant had elected to accept the occupational disease section of the Hlssouri Workmen'a Compensation Law, and defendant states that plaintiff at no time filed with the Missouri Workmen's Compensation Commission or the division of Workmen's Compensation any notice that lm elected to reject the Hlsaourl Workmen'a Compensation Law or raid occupational disease section thereof, and that both plaintiff and defendant were at all times mentioned in plain tiff's petition bound by all the provisions of said law. J). Defendant states that If the plaintiff contracted an occupational Illness or disease as the result of hla employment In defendant's plant, as he alleges, hla sole and -xcluslve right of recovery therefor was and Is by means of _ a claim before the Division of Workmen's Compensation, of the Department of Labor and Industrial Relations of Missouri, as In said law provided, and that be has no right to maintain this suit. Ill 1. Defendant states that on oc about the 21st day of Kay, 1952, plaintiff filed with the Division of Workmen's Compensation, Department of Labor and Industrial Relations i.i - mi -21 . '.'.V.1 Ji'-' ST* i J.JJ! '.'ll' !'" '.' I..! "" '-1 l- J.' I of Missouri, a claim wherein* he asserted that ha had contracted . an occupational diaeaia, nasal; allicoala and aabaatoala, arialns out of and in the course of hia employment by defendant, and prayed coxpanaatlon therefor. 2. That a true copy of said clais ia attached to and la hereby Bade a part of thla answer. 3. That the plaintiff thereby made an election to aeek recovery for said alleged occupational dlaeasa under the Klasourl Workmen's Compensation law, and by the matbod of recovery is aaid law prescribed, by which election the plain-* tiff la bound, and defendant therefore states that plaintiff has no right to maintain thla suit. VdERZrORE, having fully answered, defendant prays to be hence dismissed with its costs. _____ hlM/aaP/J?. j] IJonn o. harsalesj MOSER, HARSALEK, CARPS.TER, CLEARY & CARTER Attorneys for defendant. 330 Pierce Building, St. Louie 2, Missouri. GArfleld 5365. The foregoing answer was served upon plaintiff this j4xU day of November, 1952. by mailing a copy thereof to Milton R. Pox and Courtney S. Goodman, 722 Chestnut Street, ct. Louis 1, Hiaaouri, hia attorneys of record. -3 - .... .. > 4 Kum tW I MX iS:-JS3SBfc 14 ----------------.. j -1IL run i VI c* g***- 11 *w9md tniwrrlrtffX * ' ..-- --... 3lsgrtgu55sn_ md amn.i Hu i m . a .... ww. u>4no. tcrpoahil <u>. Omt, fa fofrYpryl*, 11 Vac f inCMi (mm MMpanry * bTrtfg.tes.tA..-- g*o M _^WU4a MM flUWf! r . 1 #o..TJ?J*/..^ Ohs. /ItlJvi'tHstC &r United States District Court lutn D(fU*i *f Ike Eutvi JiUdil District #f Miwui &. Ho. JL. X. f is$3 - MEMORANDUM FOR CLERK ffLpa AsActA^Z f/t 4^ ii+-il4Lstts{ Jirr A^yu^- J/hUvtjS. PH&idaJlsJZ fopffjj fir aiJyf- tr tov FnrrD- &PP 2r, 1353 JLUe-mlfL. fw>wfM-lJ M mm iuf 2U. *l" ' 5 e7T?'> <a t PUF. DF. U FXHBHT WO 'EPOOF: , '77^/1 '<xrtf <Mt jfT' IN THE UNITED 3TATES DISTRICT COURT WITHIN AND FOR THE EASTERN DIVISION OF THE EASTERN JUDICIAL DISTRICT OF MISSOURI FEE JAMES, Plaintiff, a. ) No. 6864 THE RUBEROID CO., a corporation. Room No. 2 Defendant. DEFENDANT'S ANSWER TO PLAINTIFF'S INTERROGATORIES Interrogatory Number_________ Answer 1. Date of "Application for Authority to Self Insure* under MiBBouri Workmen's Compensation Lav, December 10, 1935. Application filed December 13, 1935. Application signed toy W. B. Harris. 2. The Missouri Workmen's Compensation Commission. 3. No, to the best of Informant's knowledge. 4. Application filed August 30, 1933, with the Missouri Workmen's Compensation Commission. 5. Yes, since 1944 except for year 1948. 6 Yes, since 1944 except for year 1948. 7- No. 8. Yes. 9. Yes. 10. Fee James worked in said plant from April 12, 1943, to March 3, 1952, as a laborer, but was not always engaged directly in the manufacturing processes referred to. 11. No, gloves excepted. 12. He was furnished with rubber or canvas gloves, because during the war it was difficult or impossible for employes to purchase gloveB, and on that account the defendant procured and furnished sane and has continued to do to. : v::' ;\Vv- S-iv:-'.:-":.. ........ Interrogatory Humber 13. 34. 15. 16. 17. 18. .20 .21 Answer Coloring, In tbe nature of oxide, is nixed wivh cement In a pebble mill and later applied by a cylinder to the face of shingles as a veneer. Plaintiff worked as a beaterman at intervals during his aforesaid employment. Els aggregate time aa beaterman was approximately 85 weeks. In said capacity, by means of a cart, he carried asbestos, and possibly cement also, to the nixing tank and dumped said material into the opening of the tank. Some dust is generated on occasions by the work of a beaterman. Asbestos fiber, in bags, is brought to the plant in freight cars, from which said bags are unloaded and placed in a warehouse. . Ho. In part of his work as beaterman, plaintiff used a fork or shovel in tbe asbestos fiber room located on the second floor of the plant for the purpose of placing said fiber into a cart for, hauling to the mixing tank. Defendant has no record showing how much of his time v&b devoted to said operation. Informant has no record or recollection of any dust count ever having been made in any part of said plant. (a) There was an exhaust flue extending from the asbestos scrap room on the second floor to a bag dust collector. Air was propelled through this flue by a fan located at the crusher in the finishing department. (b) The asbestos sterags room on the second floor was equipped with a return flue through which the. air conducted to said room by the carrier flue circulated back to the Kohler mill in the raw material department. The air was propelled by a fan located at the Kohler mill. (c) Both of said rooms were sealed shut -2 - Interrogatory Humber 22. 23. P)|. Answer while the blower operation waa in progress. (d) Exhaust Tans, 60 inch, 5 h.p. no tor, llllO r.p.m., capacity 5^000 e.f.m.were located as follows: 2 in asbestos storage warehouse. 2 on second floor, manufacturing department. 2 in roof of main floor, Manufacturing department. 3 in roof of trimming department. ' Answered above. Plant lay-out is practically the same now as when plaintiff worked here. Some changes have been made on the beater floor (2nd floor), material formerly having been a wet mix, now all material is mixed dry. Stacking equipment has been changed from hand stacking to auto matic stacking. Hydraulic pressing no longer followed. (a) Both the east and west sides of the. main building of the plant are composed * principally of glass panels. Some of the frames are swung on pivots so that they can be opened. (b) There are no windows in the asbestos fiber room on the second floor. (c) The warehouse which adjoins the main building ia equipped with windows. (d) The roof of the main building ia of saw-tooth construction, with glass windows in the vertical faces. (e) The size and number of the windows are as follows: 16 windows in Manufacturing Department, East wall - 3 ft. nigh - I4. ft. wide. 3 windows in Manufacturing Department, 2nd floor - 3 ft* high - ft. wide. 11 windows in Manufacturing Department, West wall - 3 ft. high - U ft. wide. 5 windows in Manufacturing Department, 2nd floor - 3 ft. high - Ij. ft. wide. 2 windows in Manufacturing Department, 2nd Tloor - 3 ft. high - 3 ft. wide. 12 windows 3 ft. wide x 3$ ft. high in each of 7 saw tooth roof section, Total of 8U windows. -3-  4 * jvT:/- Interrogatory Number 25. 26 27. 28. 31. 33. * 34. 35. ' Answer 1 door vest side 1 door west aide 1 door west side 1 door vest aide 1 door west side 8 ft. x 8 ft. 5 ft. x 8 ft. 4 ft. x 7 ft. 3ift. x 7 ft. 8 ft. x 7 ft. 6 windows in asbestos storage warehouse, west side - 3 ft. x 3 ft. 6 windows 3 ft. x 3 ft. in each of 4 sections of saw tooth roof. Total of 24 windows. 1 door east side 1 door east side 1 door west side 11 ft. wide - 7$ ft. high. It ft. wide - 7 ft. high* 11 ft. wide - 7 ft. high. Ho. Ho. Yes. 8/19/k3 to 8/23/43; 9/16/43 to 9/16/43; 9/1/43 to 9/25/43, 10/2/43 to IO/4/43; 10/9/43 to 10/10/43; 10/31/43 to 11/1/43; 10/14/4J4 to 2/20/45; 5/21/45 to 5/28/45; 1/14/46 to 1/28/46; 10/20/47 to 12/2/47. Defendant furnished plaintiff with a respirator whenever he was engaged as beaterman or color grinder. * Not to the knowledge of the Informant. Yes; defendant has the record referred to. Examination was by Chas. Jost, M.D., 6400 V. Florissant. No. The noticos referred to were originally posted in 1933, on the bulletin boards located in the factory, in the office, in the machine shop and in the employment office. Later some of the bulletin boards were moved and the signs went along with the boards. Later, signs were posted near the old boiler room, on the Kohler mill platform, in the boater department on the second floor, and in the pre-mix room on the third floor. The posting of these notices was first dona under the super** vision of 7. 0. Boeoon, now deceased. Later this matter was under the super vision of E. C. Kohl (present address Baraboo, Wisconsin), D. E. Mosby, present address unknown, and 0. W. Duerlnger, _ -4- Interrogatory Humber 36. 37. 39. 1^0. Ul. , llil. Answer (St. Louie, street address unknown), and others. Valter B. Schaeffer, 7516 Chandler Avenue, St. Louis, did the work of installing some of the notices. Luring the time Vo. L. Kelson was General Superintendent of the plant, . as stated above, the matters inquired about were under the direct supervision of the personnel manager. Hr. Kelson was over the personnel manager, but had no direct duties in connection with said matters. .As general superintendent of the plant, Mr. Kelson exercised general supervision over the matters referred to. The employes raked up trimmings or swept their working places as their work permitted. When not actively engaged in their regular operations they were required to clean and sweep about their machines or working places. The machines were cleaned and scraped about once a week and the floors were cleaned as part of the same operation. Defendant has no record showing more definitely than above how often the floors were cleaned and swept. Yes. Ho. Yes. THE RUBEROID CD. b (Francis Hollerus) P e r8 onno l^Mana ge r. CLEARY & CARTER, Attorneys for defendant. STATE OP MISSOURI ) ) ss CITY OF ST. LOUIS ) Francis J. Mollorus, of lawful ago, being duly sworn, on his oath states that the foregoing answers to Interrogatories are true, to the best of his knowledge, infojrnmaatilon anndd belief. - -, j l-rancis/ 4. Hollerua Subscribed and avorn to before me thia ^V^fray of -5 - 4s . CLjvyJl . 1953. My commission oxplroa -rrx&jQ* /f'^ & Copy of the above answers mailed to Courtney S. Goodman, 722 Chestnut Street, St. Louis 1, Missouri,^, plaintiff's attorney, this day of April, 1953- SyVWV'-'! 6 PLF. KFrO EXHfSJT HO. D1- OEPO OF: -.//t.n DATE -----y - ~/c D! THE UNITED STATES DISTRICT COURT FOR THE EASTERN DIVISION OF THE EASTERN JUDICIAL FEE JAMES, Plaintiff, TO. THE HUBEROID COMPANY, a corporation. Defondant. PLAINTIFF'S INTERROGATORIES PROPOUNDED TO DEFENDANT, THE RUBEROID COMPANY, A CORPORATION To the above-named defendant and Moser, Marsalek, Carpenter, Cleary & Carter, and John S. Marsalek, its Attorneys of Records Under and pursuant to the provision* of Rule 33 of the Federal Rules of Civil Procedure, you are hereby requested to answer separately and fully, to-witj INTERROGATORY NO. 1 When was the last time that your company filed an application seeking to be qualified as a self-insurer under The Workmen's Compensation Law of the State of Missouri? State the date of said application and the date of the filing thereof, and the name of the person or persons connected with your company who signed said application. INTERROGATORY NO. 2 State whether the last time your company was licensed as a quali fied self-insurer tr-ter The Workmen's Compensation Law of Missouri whether your license was issued by the Workmen's Compensation Commission, the Divisionof Workmen's Compensation, or by the Industrial Commission of Missouri; and give the exact date your company was so licensed* INTERROGATORY' HO. 3. Did your company during the year 19lt5 or at aqy time thereafter file an application seeking to become a self-insurer under The Workmen'* Compensation Lav of Missouri with either the Division of Workmen's Compen sation or with the Industrial Commission of Missouri? If eo, state the date any such application was filed and with whom filed and whether or not any license was issued pursuant thereto, and the name of the official agency that iAsuod any such license* . INTERROGATOR! WO.' U Oire the exact date your company last made application under The Workmen1 s Compensation Lair of Mlasouri evidencing Its Intention to elect to bring itself within the provisions of said Law with respect to occupational disease; and state whether such application was filed prior to 19hS with 3he Workmen's Compensation Commission of Missouri, or since that date with the Division of Workmen'8 Compensation or with the Industrial Commission of Missouri. INTERROGATOR! MO. 5 State whether William L. Kelson is employed by your company as general superintendant, and if so, state how long be has been employed in that capacity. ! INTERROGATOR! HO. 6 State whether William L. Nelson is manager of your plant at 921? Riverview Drive, in the City of St. Louis, Missouri. If so, state during what period of time he has ]been manager of said plant. INTERROGATOR! NO. 7 . Do you adult that William L. Nelson was the plant manager or plant f superintendent in said plant from the early part of the year 19U3 until the early part of the year 19527 INTERROGATOR! NO. 8 la it true that in said plant your company manufactures asbestos cement building products? -- INTERROGATOR! HO. 9 Is It true that the principal ingredients of the products manu factured in said plant are asbestos and Portland cement? INTERROGATOR! NO. 10 Do you adoit that from the early part of the year 19U3 until the early part of the year 1952 the plaintiff. Fee James, worked in said plant aa a laborer where manufacturing processes were carried on in which asbestos and Portland cement were the principal ingredients. INTERROGATOR! NO. 11 During the time that plaintiff. Fee James, worked in said plant as a laborer, did jour company furnish hi* -with any work clothes? If so, give foil particular* with rsopect to the nat ire and extent of the clothes so fur nished. INTERROGATOR! HO. 12 During the period of tine that plaintiff worked in said plant did your company furnish him with any work gloves? If so, state the nature of said gloves and the reason for furnishing same. INTERROGATOR! MO. 13 Zh addition to the asbestos and Portland cenent are any coloring natters used in the manufacturing processes there carried on? If so, state in detail what paints, pigments or other coloring natter* ere nsed, and the manner in which used. INTERROGATOR! NO. 11* Is it true that daring a large period of plaintiffs employment be was employed as a beatsrman? If so, state what work in particular he was re quired to do in that capacity. INTERROGATOR! NO. 15 Is any dust generated in connection with the work of a beaterain? If so, to what extent. INTERROGATOR! BO. 16 Is It true that the asbestos fibres used in the manufacturing pro cesses carried on in said plant come in freight cars which are unloaded into a warehouse or a storage room in said plant? INTERROGATOR! BO. 17 ^ If your answer to the next preceding interrogatory is in the affirm ative, did plaintiffs work require hln to shovel or load asbestos fibre in said warehouse or storage room and cart it into the manufacturing room for the pur- i" pose of placing it into a mixer} and state hcrw often during the tine of hie employment he was required to do this particular type of work. INTERROGATOR! HO. 18 During the time plaintiff worked as a beatarsan in eaid plant did he use a fork or shovel in an asbestos fibre storage room in order to place such fibre into a cart or truck for hauling to a mixing tank? If *o, state bow long he was engaged during the entireperiod of his employment doing that 3 type of -work MTERROGATDRr MO. 19 Are the atmospheric conditions In the manufacturing part of the plant any different from the atmospheric conditions in the asbestos fibre room, 1. , is more dust generated in the one room than the other. ^ XHTERTOGATORT NO. 20 Did your company ever make a dust count in either the manufactur ing part .of said plant or in the asbestos fibre storage room, or in any other . part of your said plant? If so, give full particulars as to any and all of such dust counts, ' state when they were mads, by whom they were made, how they were made, including a description of the equipment or apparatus used in making such tests, and state in detail the findings and results of any and all such dust'counts. INTERROGATOR! NO. 21 State whether there were any exhaust fans maintained and placed in operation during the period of plaintiffs employment with your company in either the manufacturing and processing part of your said plant or in the asbestos fibre storage room, or in any other part of your said plant. If so, give full particulars with respect to the type and character of any such fans maintained gnd plced in any of such sections of your said plant. INTERROGATOR! NO. 2? Aside and apart of any exhaust fans as mentioned in the ^re ceding interrogatory, did your company maintain any other type of exhaust or blower system to remove any noxious gases, fumes or dust from the msnufactur- ing*or processing part of your said plant or from the asbestos f "*>re storage room or from any other part of said plant? If so, state full particulars giving the type of exhaust equipment or apparatus so used. INTERROGATOR! NO. 23 Is the plant lay-out and working conditions in those sections of your said plant in which plaintiff worked during the entire period of his employment the same now as they were during the time plaintiff worked for your coapary? If there have been any changes, state full particulars in connection with any changes so mads. 0 IHTERnOGATORt NO. 2l State the number of windows in the manufacturing or processing department of said plant and the number of windows as contained in the asbestos fibre storage room or warehouse, and also state the dimensions of said windows and where located, INTERROGATOR HO. 25' During the time that plaintiff worked for your company at or near the nixing tank or vat was there any hood or any other de-vice over or about said nixing vat or tank which was used for drawing off any fumes, dusts, or gases? If so, give - full particulars with respect thereto. INTERROGATOR! NO. 26 During the period of plaintiff's employment was he required to work around any cement bins? If so, state where such bins were located and whether the atmosphere around any such bins was dusty} and give the dimensions of such bins. INTERROGATOR! NO. 27 Did plaintiff ever work in your said plant mixing ground dry colors or pigments? If so, state how long he worked in such operation. INTERROGATOR! NO. 28 In connection with any of the jobs assigned to plaintiff during his period of employment with your company did your company ever furnish - -TL , him with any respirator? If so, state when this was done and the nature of the plant operation where respirators were indicated or required. INTERROGATOR NO. 29 Di_8l a heaterman's job entail more exposure to dust than other types of employment in your said plant? $ INTERROGATOR! NO. 30 Is a heaterman's Job one of the dustiest jobs carried on in your Ssaid Plant? INTEHROGATCRT HO. 31 Has your company ever mads a study of any kind with respect to the effect of asbestos or cement exposure or a combination of both, on 0 the worker? If so, state the nature of any such study and the findings and results thereof. 5 INTERROGATOR? HO. 32 Except for the plaintiff, hare any cases come to your attention -where -workers in your said plant have contracted awbeetosie, silicosis or any other chest condition? If so, state the number of cases that have come to your attention and full details -with respect thereto > ' INTERROGATORTNO. 33 Was plaintiff given a pre-employment medical examination before he -went to -work for your company? If so, state -whether you have a record of such examination and give the name and address of the examining physician. urmmooATORi no. 3U After plaintiff was employed did your company give him a periodic monthly medical examination during the entire period of his employment? If so, state the dates that these examinations were made and the name and. addrsss of the physician or phy&Lcims who made them. INTERROGATOR? NO. 33 During the period of plaintiff's employment with your company did yy-:r company post, in a conspicuous and prominent place, a notice that it had C :cted to accept the occupational disease provisions of The Missouri Work- m?n's Compensation Law? If so, state how many of such notices were posted and where the same were posted} also state when same were posted and give the name and address of the person or persons who posted same. INTERROGATOR! NO. 36 During plaintiff's employment with your company did William L. Nelson have supervision of or Jurisdiction over the adninistration of acci- dents, diseases or claims of workers arising under The Workmen's Compensation Law? If so, state the extent of such Jurisdiction or supervision. *&.**< - INTERROGATOR! NO. 37 During plaintiff's employment did William L. Nelson have Jurisdic tion of and supervision over the general housekeeping and health and safety measures in said plant? INTERROGATOR! NO. 38 During plaintiff's employment what health or safety measures wars adopted to control the dust generated in said plant. -S 6 INTERROGATORY NO. 39 During the period of plaintiff's employment how often would the floors of said plant in the departments in which plaintiff worked be cleaned and swept! INTERROGATOR! HO. !j0 Would the cleaning and sweeping of the floors in said plant where plaintiff worked be carried on during working hourr? INTERROGATORY HO. Ul Daring the period of plaintiff's employment did your company post in any conspicuous, place in any of the departments where plaintiff worked any notice which would, warn plaintiff and other employees of any of the dust or fume hazards as may have been present in said plant? If so, state when and where such notices were posted and by whom. INTERROGATORY NO. Ij2 Is it true that during the period of plaintiff's employment all reports of accidents and illnesses of employees which occurred during the operation of said plant, whether written or oral, would be brought to the attention of William L. Nelson? If so, state what Mr. Nelson would do with said reports. <rfu****vi v INTERROGATOR! NO. Ii3 Is it true that during plaintiff's employment William L. Nelson signed all reports as ^required by The Workmen's Compensation Law with respect to accidents and illnesses which may have occurred in the operation of said plant (tti u > ; l -X. - _ . INTERROGATORY NO. 1U ' 1 ; ' During the time of plaintiff's employment wa3 your said plant ever inspected by factory inspectors of the State of Missouri? /is so, state when such inspections were made and in what part of the plant same were made; also state the findings, conclusions and recommendations of said inspectors, drro.it Respectfully submitted. Copy of the ahqvg Interrogatories mailed this Y//day of April, 1953, to defendant attorneys, Moser, Marsalek, Carpenter, Cleary & Carter, and John S. Marsalek, 330 Pierce Bldg., St. Louis, Missouri Milton R. Fox 722 Chestnut Street St. Inula 1, Missouri -(CH 5077) and Courtney S3. J80o0 man 722 Cheatsw; t SSttreet St. Louis % MMiissouri -(CH 1990) Attorneys for Plaintiff d FEE JAMES, vs, THE RUBEROID CO., a corporation. Defendant. i.Court Room Ho. HULEN, Circuit Court No. 59224 HOTICE OF FILING OF REMOVAL PETITION. TO THE ABOVE NAMED PLAINTIFF OR MESSRS. MILTON R. FOX and COURTNEY S. GOODMAN, hia ATTORNEY OF RECORD: You are hereby notified that the defendant'above i i i' ii=med has filed in the United States District Court for the Eastern Judicial Distr5~<- of Missouri, Eastern Division, a petition and bond for removal, copies of which are hereto attached. MOSER, MARSALEK, CARPENTER, CLEARY & CARTER, (John S. Har-aiOak) (J Attorneys for DDeeffendant. Pierce Building St. Louis 2, Missouri. GArfleld 5565. Service of a copy of the above A copy of the above notice and notice, and of the attached re of the'attached removal, petition moval petition and bond for and bond filed in the Circuit removal iIs acknnoowwlleeddggeedd, tthhisis Cpurt of the 'GiJtsf, of ^1 /Jr day of CM.-&*-**<. ,Missoury, this -3W- day of f?a~r 195"^ ft Attorney for Plaintiff PHEUM O'TOOLE Clerk of eaid circuit Court.  FILED flF.DDEF . . EXHSWT KO. FWB) ^ PEPO OF: _Qfci/9----,!*<%, MTfc 16135? $ CiXRK -~*r irro rmfTffrPTT QT>,nrg Tfr gT>PTrT< f'ATTB'r gflB gEnT- TT1 flTORJt,. Circuit Court for the City of St. Louis State of Missouri ree J{j...e3 Plaintiff . rhe ikuberoid Coapiny, a..corp* No.. .;?2^ 0 Defendant The Sute of Missouri to Defendant SUMMONS 'flic i:ubt;roia Cnnpany, a corp. You are hereby summoned to appear before the above-named' court and to file your pleading to the petition; copy of which is atuched hereto, and to serve a copy of your pleading upon KUton Re.. /Ppx...fe Co^rtty. S*...Goodman attorney------for plaintiff. , whoee address is............... *12.2. .Ch.C3tinuti.. St*.. .................................................................... ........ all within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the petition. Dated. 0CW..12......... , 10. 52 ' (Seel ct Circuit Court) By PHELIM O'TOOLE Circuit Clerk. Deputy Clerk. tfea time plaintiff worked for your company? If there have been 3" m. > any changes, atate full particulars in connection with any changes ao made." Defendant objects that said interrogatory is too broad and general. That it calls for information not material or relevant to the subject natter; that it ia vague and Indefinite in its reference to "plant lay-out," "working, conditions" and "changes." "INTERROGATORY BO. 29 .."Does a beater-man1 s job entail more exposure to dust than other types of employment in your said plant?" "INTERROGATORY NO. 30 "Is a beaterman's Job one of the dustiest jobs carried on in your said Plant?" Defendant objects that said Interrogatories call for a comparison and opinion, and for informantion not aaterial or _ relevant to the subject matter of the action. "INTERROGATORY NO. 31 "Has your company ever made a study of any kind with respect to the effect of asbestos or cement exposure or a eoaination of both, on the worker? If so, state the nature of any such study and the findings and results thereof." Defendant objectB that such interrogatory does not call for any fact which would be material or relevant to the subject matter of the action; that It calls for opinions and conclusions, and for the result of investigation, study and research on defendant's part; that plaintiff ia not entitled to call for such Information. "IHTERBOGATORY HO. 32 Except for the plaintiff, have, any cases cone to your attention there workers in your said plant have contracted asbestosis, silicosis or any other chest condition? If so, state the number of eases that have come to your attention and full details with respect theroto." Defendant objects that said interrogatory is too broad and inclusive; that it calls for matters which would be col lateral, immaterial and irrelevant to the subject matter of the action; that it would require defend ant to express opinions' whether other employees had sustained asbestosis, silicosis or other chest conditions. . *IHTERROGATOHY HO. 36 "During plaintiff's employment with your company did William L. Kelson have supervision of or jurisdiction over the administration of accidents, diseases or claims of workers arising under The Workmen's Compensation Daw? If so, state the extent of such Jurisdiction or supervision." Defendant objects that said interrogatory calls for information which is immaterial and irrelevant to the subject -V * matter of the action, and that it calls for a legal conclusion and opinion. "IHTERROGATOHY HO. 38 "During plaintiff's employment what health or safety ^ measures were adopted to control the dust generated in said plant." Defendant objects that said interrogatory is vague and indefinite and too broad in its reference to "health or safety measures." "IWTERBOGATORY HO. 1^2 "Is it true that during the period of plaintiff's employment all reports of accidents and illnesses of employees 3 which occurred during the operation of said plant, whether * written or oral, would be brought to the attention of Willlaa a(rv L. Kelson? If so, state what Hr. Kelson would do with said reports." I3TERR0GAT0HI 30. 1^3 "Is it true that during plaintiff*a employment Milllaa L. Kelson signed all reports as required by The Workmen's Conpen- sation Law with respect to accidents and illnesses which nay have occurred in the operation of said plant.* Defendant objects that said interrogatories are too broad, vague and indefinite, that they call for a conclusion and opinion and for information which is not relevant or naterial to the subject natter of the action. * INTERROGATOR! 50. ; . -- ` f- "During the tine of plaintiff's employment was your said plant ever inspected by factory inspectors of thr Ttwte of Missouri? If so, state when such inspections wore made and In what part of the plant sane were nade; also state the findings, conclusions and recommendations of said inspectors." Defendant objects that said interrogatory calls for W infornation which is immaterial and irrelevant to the subject matter of the aotlon; that it calls for the opinions and con clusions of the factory inspectors referred to, and not for facts. WHEREFORE, defendant respectfully prays the judgment of this Court, whether it be required to answer said interrogatories. Copy of above objections nailed to Courtney S. Goodman, plaintiff's attorney, this r2^-day of April, 195 MOSER, John 3. Maroalok, iSALEK,.CARPENTER, CLEAR! k CARTER, Attorneys for Defendant. 330 Pierce Building, St. Louis 2, Missouri. GArfield 5365. " ^ * . ptF.nKF.cr___ . EXHRMT BO. _Z2i. _s: (TMFWBB|l x-C * P OEPO CT: 0 *ATE IN THE UNITED STATES.DISTRICT COURT WITHIN AND FOB THE EASTERN DIVISION OF THE EASTERN JUDICIAL DISTRICT OF MISSOURI. FEE JAMES, Plaintiff, a. THE RUBEROID CO., a corporation, Defendant. ) ) ) ) ) No. 8864 ) ) Room No. 2 ) ) DEFENDANT'S ANSWER TO PLAINTIFF'S INTERROGATORIES Interrogatory Number 1. 2. Answer Date of "Application for Authority to Self Insure" under Missouri Workmen's Compensation Law, December 10, 1935. Application filed December 13, 1935Application signed by W. B. Harris. The Missouri Workmen's Compensation Commission. 3. No, to the best of informant's knowledge 4. Application filed August 30, 1933, with the Missouri Workmen's Compensation Commission. .5. 6. 7. . 8. Yes, since 1944 except for year 1948. Yes, since 1944 except for year 1948. No. - Yes. 9. .10 ,11 Yes. Fee James worked in said plant from April 12, 1943, to March 3, 1952, as a laborer, but was not always engaged directly in the manufacturing processes referred to. No, gloves excepted. 12. He was furnished with rubber or canvas gloves, because during the war it was difficult or impossible for employes to purchase gloves, and on that account the defendant procured and furnished same and has continued to do so. Interrogatory Humber 13. 14. 15. 16. 17. 18. 20. 21. Ana wer Coloring, In the nature of oxide, is mixed with cement in a pebble mill and later applied by a cylinder to the face of shingles as a veneer. Plaintiff worked as a beaterman at intervals during his aforesaid employment. His aggregate time as beaterman was approximately 85 weeks. In said capacity, by means of a cart, he carried asbestos, and possibly cement also, to the mixing tank and dumped said material into the opening of the tank. Some dust is generated on occasions by the work of a beaterman. Asbestos fiber, in bags, is brought to the plant In freight cars, from which said bags are unloaded and placed in a warehouse. e Hot In part of his work as beaterman, plain tiff used a fork or shovel in the asbestos fiber room located on the second floor of the plant for the purpose of placing Baid fiber Into a cart for hauling to the mixing tank. Defendant has no record showing how much of his time was devoted to said operation. Informant has no record or recollection of any lu>t count ever having been made in any part of said plant. (a) There was an exhaust flue extending from the asbestos scrap room on the second floor to a bag dust collector. Air wa3 propelled through this flue by a fan located at the crusher In the finishing department. (b) The asbestos storags room on the second floor was equipped with a return flue through which the air conducted to said room by the carrier flue circulated back to the Kohler mill in the raw material department. The air was propelled by a fan located at the Kohler mill. (c) Both of said rooms were sealed shut -2 - Interrogatory Humber____ 22. 23. 24. , Answer while the blower operation waa in progress. (d) Exhaust fans, 60 inch, 5 h.p. motor, ll4o r.p.m., capacity 54000 c.f.ra., were located as follows: 2 in aabestoa storage warehouse. 2 on second floor, manufacturing department. .2 in roof of main floor, manufacturing department. 3 in roof of trimming department. " Answered above. Plant lay-out is practically the same now as when plaintiff worked here. Some changes have been made on the beater floor (2nd floor), material formerly , having been a wet mix, now all material is mixed dry. Stacking equipment has been changed from hand stacking to auto matic stacking. Hydraulic pressing no longer followed, (a) Both the east and west sides of the, main building of the plant are composed principally of glass panels. Some of the frames are swung on pivots so that they can be opened. (b) There are no windows in the asbestos fiber room on the second floor. ! The warehouse which adjoins the main building is quipped with windows. (d) The roof of the main building is of saw-tooth construction, with glass windows in the vertical faces. (e) The size and number of the windows are as follows: 16 windows in Manufacturing Department, East wall - 3 ft. high - 4 ft. wide. 3 windows in Manufacturing Department, 2nd floor - 3 ft. high - 4 ft. wide. 11 windows in Manufacturing Department, West wall - 3 ft. high - 4 ft. wide. 5 windows in Manufacturing Department, 2nd floor - 3 ft. high - 4 ft. wide. 2 windows in Manufacturing Department, 2nd floor - 3 ft. high - 3 ft. wide. 12 windows 3 ft. wide x 34 ft. high in ach of 7 aw tooth roof section. Total of 84 windows. -3 Interrogatory Number 22. 23. 24. w Answer while the blower operation was In progress. (d) Exhaust fans, 60 Inch, 5 h.p. motor, 114.0 r.p.m., capacity 54000 c.f.ra. ,* were located as follows: t in aebeBtoo storage warehouse. 2 on second floor, manufacturing department Z in roof of main floor, manufacturing department. 5 in roof of trimming department. Answered above. Plant lay-out is practically the same now f.s when plaintiff worked here. Some changes have been made on the beater floor (2nd floor), material formerly having been a wet mix, now all material is mixed dry. Stacking equipment has been changed from hand-'stacking to auto matic stacking. Hydraulic pressing no longer followed. (a) Both the east and west sides of the. main building of the plant are composed principally of glass panels. Some of the frames are swung on pivots so that they can be opened. (b) There are no windows in the asbestos fiber room on the second floor. (c) The warehouse which adjoins the r>ain building is equipped with windows. (d) The roof of the main building is of saw-tooth construction, with glass windows in the vertical faces. (m) The sizo and number of the windows -e as follows: I windows in Manufacturing Department, E.st wall - 3 ft. nigh - 4 ft. wide. 3 windows in Manufacturing Department, 2nd floor - 3 ft, high - 4 ft. wide. II windows in Manufacturing Department, Vest wall - 3 ft. high - 4 ft. wide. 5 windows in Manufacturing Department, 2nd floor - 3 ft. high - 4. ft. wide. 2. windows in Manufacturing Department, 2nd floor - 3 ft. high - 3 ft. wide. 12 windows 3 ft. wide x 34 ft. high In each of 7 saw tooth roof section. Total of 84 windows. -3- Number 25* 26. 2?. 28. 31. 33. 34. 35. Answer 1 door west aide 1 door west aide 1 door west aide 1 door west aide 1 door west aide 8 ft. x 8 ft. 5 ft. x 8 ft. 4 ft. x 7 ft. 3&ft. x 7 ft. 8 ft. x 7 ft. 6 windows in asbestos storage warehouse, west aide - 3 ft. x 3 ft. 6 windows 3 ft., x 3 ft. in each of 4 sections of saw tooth roof. Total of 24 windows. 1 door oast side 1 door east side 1 door west aide 11 ft. wide - 7^ ft. high 4 ft. wide - 7 ft. high. 11 ft. wide - 7i ft., high Ho. Ho. Yes 8/19/43 to 8/23/43; 9/16/43 to 9/18/43; 9/21/43 to 9/25/43, 10/2/43 to 10/4/43; 10/9/43 to 10/10/43; 10/31/43 to 11/1/43; 10/14/44 to 2/20/45; 5/21/45 to 5/28/45; 1/14/46 to 4/28/46; IO/20/47 to 12/2/47. Defendant furnished plaintiff with a respirator whenever he was engaged as beatman or color grinder. Hot to the knowledge of the informant. Yea; defendant has the record referred to,, Examination was by Chas. Jost, M.D., 6400 W. Florissant. Ho. The notices referred to were originally posted in 1933, on the bulletin boards located in the factory, in the office, in the machine nhop and in the employment office. Later some of the bulletin boards were moved and Hie signs went along with the boards. Later, signs were posted near the old boiler room, on the Kohler mill platform, in the beater department on the second floor, and in the pre-mix room on the third floor. The posting of these notices was first done under the super vision of 9. 0. Beeson, now deceased. Later this matter was under the super vision of E. C. Kohl (present address Baraboo, Wisconsin), D. E. Mosby, present address unknown, and 0. W. Duerlnger, -4- Interrogatory Humber 36. 37. 39. IpO. Ul. kk. Answer (St. Louis, street address unknown), and others. Walter B. Schaeffer, 7516 Chandler Avenue, St. Louis, did the work of installing some of the notices. During the time Win. L. Kelson was General Superintendent of the plant, as stated above, the matters inquired about were under the direct supervision of the personnel manager. Mr. Kelson was over the personnel manager, but had no direct duties in connection with said matters. As general superintendent of the plant, Mr. Nelson exercised general supervision over the matters referred to. The employes raked up trimmings or swept their working places as their work peimitted. When not actively engaged in their regular operations they were required to clean and sweep about their machines or .working places. The. machines were cleaned and scraped about once a week and the floors were cleaned as part of the same operation. Defendant has no record shovj^ --r-^e definitely than above how often the floors were cleaned and swept. Yes. Ho. Yes. RUBEROID John S7 Harm iSER, MARSALEK, CARPENTER, CLEARY & CARTER, Attorneys for defendant. STATE OP MISSOURI ) ) ss CITf OP ST. LOUIS ) Francis J. Mollerus, of lawful age, being duly sworn, on his oath states that the foregoing answers to interrogatories are true, to the best of his knowledge, information and belief. ^ Jl FranclffVJ. Mollerus Subscribed and sworn to before me this .f 5-