Document jBkaOaxaDObvoDQNERj38bo1p
FILE NAME Allied Signal Bendix ASB DATE 1966 Sept 12
DOC ASB048
DOCUMENT DESCRIPTION Letter to Johns Manville with Attachments Newspaper Article & Answers to Interrogatories
BENDIX
September 12 1966
Mr. Noel Hendry
Canadian Johns Manville Asbestos Quebec
Canada
Co.
Ltd.
Dear Moel
Just to be sure you have a copy an article that appeared in Chemical Week magazine is inclosed
So that you'll know that Asbestos is not the only contaminate^ N
a second article from O.P. & D Reporter assess share of the
blame on trees
My answer to the problem is if you while working with asbestos products
got to be some cause
have enjoyed a good life why not die from it There's
EAM MAC FEC
Director of Purchases E. A. Martin
Taking Giant Steps
Two chemical process companies took giant steps toward diversifying into the oceanography field last week and two paper companies with comhined sales of nearly $ billion reached a tentative agreement 10
merge
1 Bendix Corp. Detroit expanded its oceanic activities by acquiring for an undisclosed amount of
stock Marine Advisers La Jolla
Calif producer of oceanographic instruments for petroleum and utility companies state and federal agencies and firms engaged in scientific pro-
grams
2 Fluor Corp. Los Angeles
and B. L. McFarland and Associates Fort Worth and Midland Tex a
group of five companies involved in offshore and onshore drilling operations have agreed to merge subject to stockholders approval The Mc-
Farland group operates five offshore
drilling rigs in the Gulf of Mexico
3 A tentative agreement to merge has been reached by U.S. Plywood
Corp. New York and Champion Papers Inc. Hamilton O. It is subject to both directors and stockholders approval The corporate identities of both companies will be preserved
Reducing Gas Rates
The Federal Power Commission has ordered El Paso Natural Gas Co. and
Transwestern Pipeline Co. to reduce by 17 million the price of na-
tural gas in the southern California market
The rate cut stems from the July
26 decision in which FPC turned
down the application of Gulf Pacific Pipeline Co. a Tenneco subsidiary to supply gas to the Los Angeles area CW Aug. 6 p 20 Gulf Pacific last week filed for a rehearing
El Paso and Transwestern were
told they would have to lower their
rates to reflect the lower costs result-
ing from the bigger deliveries possible in the expanded system At the
same time FPC said it would conduct
further proceedings to decide if cus-
tomers should get additional benefits resulting from more liberal depreciation allowances
FPC has given the companies 45 days to show cause why the reduction should not take place
Sources of airborne asbestos
Asbestos ducts used in centrally conditioned buildings
Asbestos ducts and insulation in home heating plants
Motor vehicle brake linings and clutch plates -
Auto undercoatings
Asbestos ceiling and floor tiles
Asbestos shingles and sidings
Construction and demolition
cutting Fitting
and removing asbestos
flooringsppipiingping piping and Insulation
wallboards
and
Incineration of asbestos scrap
}
Improperly filtered effluent from asbestos processing plants
Asbestos Awaiting Trial
The asbestos industry end products are valued at more than 500
million may be in for a shake-
up It could come in the form of
federal legislation limiting the use of
asbestos because asbestos has been acthough not yet convicted
as a significant health hazard Prob
able contender for asbestos markets
plastles
Recent studies have convinced U.S.
Public Health Service specialists and
other medical authorities that about
40 of all Americans have mild chronic cases of asbestosis even though most of them never worked directly with asbestos
Unlike other airborne dust particles asbestos fibers have the ability
most as much as activated carbon-
to absorb polycyclic hydrocarbons
and arsenicals Furthermore says USPHS in the past 30 years the asrelated cancer rate has increased sixfold
The Inferences While the average
ashestos worker is well protected the
man on the street is not The 3x1-
micron asbestos fibers in his lungs can come from a variety of sources table
above
And medical experts say there's no
way to assess hydrocarbon content in those lung deposits
American Cancer Society researchers feel certain there is a synergistic relationship among airborne asbestos smoking and lung cancer They reason that the nondegradable hydrocarbon-
soaked fibers may well be a constant
source of lung irritation
PHS officials think it may take them up to five years to establish
asbestos true role as an air pollutant However Congress may act before the research is finished Says Repre-
sentative Robert Watkins R Pa
We've seen enough evidence already Asbestos will never get a clean bill of health With just a little more
data we'll move for controls and
strict ones Some form of asbestos control is
in the offing public health officials are certain if only part of a larger
ambient program However
there is the danger that Congress may enact rigorous controls on the quanti-
ty of asbestos that could be used In that case both Canada and U.S.
asbestos = products = manufacturers
would be hard hit Of the five forms
of asbestos mined today chrysotile asbestos holds the predominant market position because of its insulating and processing qualities Canada produces more than 80 of the chry-
sotile asbestos used in the U.S. In both countries a number of serious
dislocations would occur
At present there is no known material that could fill all of asbestos
strategic roles On the other hand should federal controls merely call for higher standards for binders and shieldings that would spark a rise of new products with plastics taking
the lead
Reason say industry spokesmen present polymer technology could easily turn up products to replace as-
bestos in most uses
. 32
CHEMICAL WEEK September 10 1966
100
100
Bayard Handelman & Murdoch
es
_
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In Re Asbestos Litigation 1 Master File No. Misc 85-100
Limited to
C.A. No. 85-688 Fortugno
C.A. C.A.
No. No.
85-581 85-580
Kracyla DiMedio
) C.A. No. 85-673 Paris
ANSWERS OF ALLIED CORPORATION TO PLAINTIFFS STANDARD SET OF INTERROGATORIES AND
REQUEST FOR PRODUCTION TO ALL DEFENDANTS LIMITED TO JURISDICTION AND PRODUCT NEXUS
PREFATORY STATEMENT
Please take note that more than fifty per cent 508
of the voting stock The Bendix Corporation Bendix was
acquired by Allied Corporation Allied as of December 21
1982.
As of January 31 1983 Allied was the sole common
stockholder of Bendix
On April 1 1985 Bendix ceased to
exist as a legal entity Bendix was incorporated in the State
of Delaware and haa its principal place of business in the
State of Michigan
The successor in interest to Bendix is
Allied which was incorporated in the State of New York in
1920. Allied has its headquarters at Morristown New Jersey
The answers
Interrogatories
responses to Defendant
and have
objections to plaintiffs been prepared on the basis of
information supplied by employees of Bendix or documents which
were in the possession of Bendix up to and including March 31
1985.
The answers herein similarly reflect information or
documents acquired by or known to employees of the Automotive
Sector of Allied after March 31 1985 the business unit within
Allied which continues the Bendix friction materials product
lines demanded in answer to Interrogatory No. 1
Beyond the undertaking to respond as described in the
preceding paragraph Defendant objects to all Interrogatories
calling
for
subsidiaries
information
and alleged
about
affiliated
predecessors these
companies portions of
plaintiffs Interrogatories are overbroad and unduly burdensome
as there is no indication that
action were exposed to products
any of the
of any such
plaintiffs in
entities as a
this part
of their employment with the Railroads
1.
Describe
in
detail
with
specificity
and
particularity each product mined produced manufactured or
sold by the answering defendant or its predecessors in title of
NOV 13 1986
subsidiaries which contained asbestos for each
until 1980 and for each such product describe
year
from
1936
a Its chemical ingredients
b
State the manner in which it was intended to
be used
i.e.
in the construction and insulation of
buildings and equipment etc
c For each ingredient contained therein state
1
The name or chemical composition of
each substance what harmful effects if any are known that it
produces in man or mammals and whether it produces its harmful
effects through ingestion
inhalation
absorbtion
or
a
combination of these
ii
When
that the substance produced effects were produced
you determined harmful effects
and learned
and how such
iii
Identify
each
individual
who
participated
in
such
determination
and
obtained = such
knowledge
iv
Identify each document that refers
reflects or relates to any information pertaining properties of each of the ingredients and how the
to the harmful
effects are produced as well as your determination of those
toxic effects and the manner by which they are produced
v
As to any information received orally
in answer to this interrogatory identify each person who
supplied such information and state the full substance of the
information supplied
vi which products mined which were manufactured and which answering defendants
or ingredients were were distributed by
ANSWER
Bendix has manufactured
sold
and
containing distributed the following friction material
processed chrysotile asbestos fibers
products
ns
Brake lining segments
Marshall
to present
.
Eclipse
Bendix
to present to present
Master
to present
EDF
1946 to present
FK
Friction King
| 1955 to present
i
1960 to present
_
Disc
brake pads
Bendix
Friction King
FK
II
Brake blocks Bendix
1966 to present 1979 to present
1947 to present
Clutch facings
Bendix
October 1974 to early 1979 sold only to Borg
and Beck
All of the preformed friction material products are presently
on the market except Bendix woven brake linings which were used
in
industrial
nonvehicular
applications
and
which
were
withdrawn from the market in 1959 because of decreasing market
demand Clutch facings are no longer on the market they were
sold only to Borg and Beck for use in Borg and Beck service
clutch assemblies for light trucks these were first sold in
October 1974 and they were withdrawn from the market in early
1979 because of poor market penetration
a The composition of the Bendix friction
material brake linings disc brake pads brake blocks and
clutch facings are trade secrets and therefore proprietary
This Defendant objects to this interrogatory insofar as it
requests proprietary information
However in an effort to
provide a good faith response the following information is
provided fibers in
the the
percentage by weight brake lining segments
of chrysotile
brake blocks
asbestos and disc
brake pads varies from 25 to 50 depending on the particular composition and in clutch facings approximates 49 1/28
vehicles driving or
b As
to brakes
to
stop
or
as to clutch facings to connect 05
a driven part of a mechanism smoothly
slow
motor
disconnect a
c Objected to as beyond the scope of discovery permitted by Case Management Order No. 4
2
If
any
product
identified
in
answer
to
Interrogatory No. 1 and was produced manufactured and sold
under a trade name identify that trade name and state the
time period that each such product was sold under such trade
name
ANSWER
The trade names are identified in the
response to Interrogatory No. 1
3.
For
each product
identified
in
answer
to
Interrogatory No. 1 state
a The address of each plant where it was manufactured processed or packaged
manufacturer
b
Whether
you
and distributor of
were
the
the product
sole
and if
producer
not
i
The
name
person firm or other entity
manufacture and distribution
companies which rebranded for the
and address of each other
engaged in the production of the product including
answering defendant
produced
you
ii the product by
Whether virtue of
any
other
a franchise or
manufacturer license from
product
for
iii distribution
The persons or firms in the United States
who
produced
the
product
for
iv distribution
The person or firms who in the State of Delaware
produced
the
c All
products
the
answering
defendant
manufactured mined or sold which it would relabel for others
and the names of any entity such relabeling occurred for
including when where and with whom defendant dealt with
d Any changes answering defendant made in the product or packaging for others of its products and any changes answering defendant requested be made in products or packaging of products others rebranded for the answering defendant
ANSWER
Defendant objects to this interrogatory
on the grounds that it seeks information which is neither
relevant nor calculated to lead to the discovery of relevant
evidence
is overbroad
unlimited
in
scope
and unduly
burdensome
However in effort to
response
and without waiving the
provide a foregoing
good faith objections
defendant responds that it has manufactured friction material
products containing processed chrysotile asbestos fibers at the
following facilities
Friction Materials Division
Troy New York plant arcuate brake
lining segments disc brake pads
brake blocks
clutch facings
1939 to present 1966 to present 1947 to 1964 1974 to 1979