Document kDVXm38Lp2okoQp3BDXQxwBwE
SI-33
1
1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
2 SOUTHERN DIVISION
3 JANE ANN GEYER, p/r/e, JEROLD G. )
GEYER, Deceased,
)
4)
plaintiff,
)
5 vs.
) )
6) BABCOCK & WILCOX COMPANY, et al., )
7)
Defendants,
)
8 )No. 92CV70075DT
vs. )
9 USX CORPORATION, f/k/a United
) )
10 States Steel Corporation,
)
)
11
Defendant and
)
Third-Party Plaintiff, )
12 ) UNITED STATES OF AMERICA, et al., )
13 )
_ Third-Party Defendants.)
14
15 Deposition of ROSS A. HACKEL
16 Wednesday, March 8, 1995
17
18 The deposition of ROSS A. HACKEL, called as a witness by the defendant and third-party plaintiff USX
19 Corporation, pursuant to notice and the Federal Rules of Civil Procedure pertaining to the taking of
20 depositions, taken before me, the undersigned, Barbara Metz Leo, a Notary Public in and for the
21 Commonwealth of Pennsylvania, at the offices of MG&H, Inc., Suite 719 One Bigelow Square, Pittsburgh,
22 Pennsylvania 15219, commencing at 9:40 o'clock a.m., the day and date above set forth.
23
24 COMPUTER-AIDED TRANSCRIPTION BY MORSE, GANTVERG & HODGE, INC.
25 PITTSBURGH, PENNSYLVANIA 412-281-0189
ORIGINAL
2
1 APPEARANCES:
2 On behalf of the Defendant and Third-Party Plaintiff USX Corporation:
3 Baughman & Associates Co., L.P.A.:
4 Gary A. Weiss, Esquire 55 Public Square
5 Suite 2215 Cleveland, Ohio 44113
6 On behalf of the Defendant Elliott Company:
7 Ogne, Alberts & Stuart, P.C.:
8 Jeffrey Bullard, Esquire Suite 1800 Top of Troy
9 755 West Big Beaver Road Troy, Michigan 48084
10 David M. Hoff, Esquire
11 = Angela Hoffman, Esquire Elliott Company
12 Jeannette, Pennsylvania 15644-1473
13 On behalf of the Defendant Sprinkman Sons Corporation:
14 Wiliman & Arnold:
15 Glenn A. Huetter, Jr., Esquire Suite 705, McKnight East
16 700 McKnight Park Drive Pittsburgh, Pennsylvania 15237
17 On behalf of the Defendant Leslie Company:
18 Buckley King & Bluso:
19 Randal G. Ammons, Esquire 1400 Bank One Center
20 Cleveland, Ohio 44114-2652
21
22
23
24
25
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1 MR. WEISS: I would like to start out by
2 having the notice of deposition to the Elliott
3 Company marked as Exhibit A, a document marked
4 as "List of Main and Auxiliary Equipment" marked
5 as Exhibit B for identification, a document from
6 the Elliott Company marked as "Quotation" marked
7 as Exhibit C, a document marked as "Purchase
8 Order United States Steel Corporation" marked as
9 Exhibit D.
10 (Thereupon, USX Deposition Exhibits A
11 through D were marked for identification.)
12 i
13
ROSS A. HACKEL
14 called as a witness by the Defendant and Third-Party
15 Plaintiff USX Corporation, having been first duly
16 sworn, as hereinafter certified, was deposed and said
17 as follows:
18 EXAMINATION
19 BY MR. WEISS:
-
`
20 Q Morning, sir. Could you please state
21 your full name?
22 A Ross A. Hackel.
23 Q And where do you presently live?
24 A Greensburg, Pennsylvania.
) 25 Q What's your address there?
)4
1 A 614 Buckingham Drive. 2 Q What's your date of birth? 3 A 7/27/35. 4 Q Are you currently employed? 5 A Yes. 6 Q Where do you work? 7 A Elliott Company. 8 Q And what's the address of the Elliott 9 Company? 10 A North Fourth Street, Jeannette, 11 Pennsylvania 15644. 12 Q And is that thecorporateheadquarters? ) 13 A Yes. 14 Q Has it alwaysbeen located there? 15 A No. 16 Q Where else has it been located? 17 A Pittsburgh. 18 Q And when did it move to Jeannette? 19 A I don't know. * 20 How long have you been employed with the 21 Elliott Company? 22 A 37 years. 23 Q And what is yourcurrent job title? 24 A Director of productintegrity.
; 25 Q Has that always been your title?
5
1 A No. 2 Q What was the first title you held at the 3 Elliott Company? 4 A Application engineer. 5 Q And you say you started there about 37 6 years ago? 7 A Yes. 8 Q Did you go to the Elliott Company directly 9 after finishing school? 10 A It wasn't called the Elliott Company at 11 that time. It was called Carrier Corporation, and I 12 went there directly from college. 13 Q And where did you go to college? 14 A Case Institute of Technology. 15 Q And where is that located? 16 A Cleveland, Ohio. 17 Q Is that now known as Case Western Reserve 18 University? 19 A Yes, it is. * 20 Q After finishing high school, do you have 21 any degrees? 22 A I have a B.S. degree in engineering. 23 Q Any other advanced degrees? 24 A No. 25 Q Do you have any special training in --
6
1 relating to asbestos? 2 A No. 3 Q Any special training related to dust 4 control? 5 A No. 6 Q Any special training related to industrial 7 hygiene? 8 A No. 9 Q I am sorry, what is the position you hold 10 there right now again called? 11 A Director of product integrity. 12 Q What exactly do you do as a director of 13 product integrity? 14 A I look after the integrity of the 15 equipment that Elliott builds. 16 Q Okay. And you said you have been there 17 for 37 years, and I understand that, but approximately 18 how many other positions there have you held? 19 A I am not quite &ure what you mean by 20 "positions." 21 Q Before you^jaecame this director of product 22 integrity, what did you do? 23 A I was a manager of technical services. 24 Q And what were your duties as manager of 25 technical services?
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1 A Much the same as director of product 2 integrity. 3 Q And since graduating from college, you 4 worked for no one else but Carrier Corporation or 5 Elliott? 6 A Or one of the companies that had -- that 7 were associated with that. Company has changed its 8 name many times. 9 Q Since you have been there? 10 A Yes. 11 Q Have you ever testified in a deposition 12 before in regard to your duties with the Elliott 13 Company? 14 MR. BULLARD: Specifically with regard to 15 asbestos litigation or in general? 16 MR. WEISS: In general. 17 A Yes. 18 MR. BULLARD: I am going to object as 19 irrelevant. Go ahead.' 20 A Yes. 21 Q How many times? 22 A I don't really know. I don't remember. 23 Q Could you give me anapproximation? 24 A Depositions? 25 Q Yes.
'J 8
1 A Estimate 10.
2 Q Did any of those depositions relate to
3 asbestos litigation?
4 A No.
5 Q What did they relate to?
6 A Most of them were product liability.
7 Q You stated -- have you ever testified at a
8 trial?
9 A Yes.
10 Q Did that have to do with asbestos?
11 A No.
12 Q How many times did you do that? }
13 MR. BULLARD: If you can recall.
14 A I am not sure of the definition of a
15 trial.
16 Q Have you evertestified at a jury trial?
17 A Yes.
18 Q How many times have you done that?
19 A Once.
`
20 Q And was that asbestos related?
21 A No.
22 Q Have you ever testified at any workers'
23 compensation hearings?
24 A No.
) 25 Q Any other hearings that you can think of?
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)9
1 A Hearings, yes. That's why I am confused
2 between a trial and a hearing.
3 Q What type of hearings have you testified
4 before?
5 A It was a product related hearing with the
6 Armed Services Board of Appeals.
7 Q Did that have anything to do with
8 asbestos?
9 A No.
10 Q Has anyone from your company, if you are
11 aware, been deposed regarding asbestos litigation?
12 A Not that I am aware of. )
13 Q Has your company ever been involved in
14 asbestos litigation, that you are aware?
15 MR. BULLARD: Well, I don't know what you
16 mean by that question. Obviously, they are
17 involved in this case, which is the Geyer case.
18 Can you be more specific?
19 Q Prior to the Geyer case, have you been
20 involved in any -- the Elliott Company been involved
21 in any asbestos litigation?
.
22 A I don't know the timing of all these
23 things.
24 Q So your answer is yes?
25 A I don't think I said that. I don't know.
10
1 MR. BULLARD: Has Elliott been named as a 2 third party defendant in any other asbestos 3 litigation? 4 THE WITNESS: I don't know. 5 Q Is the Elliott Company currently involved 6 in any asbestos related litigation, other than this 7 Geyer case? 8 A Yes. 9 Q And do you know the names of those cases? 10 A No. 11 Q Do you know how many cases there are of 12 those -- of that type? 13 A I don't know. 14 Q Do you know any other jurisdictions in 15 which the Elliott Company is a defendant in asbestos 16 litigation? 17 A Define "jurisdiction." 18 Q Any other states? 19 A Other than what? 20 Q Than Pennsylvania or Michigan, anything 21 like that. 22 A Yes. 23 Q What jurisdictions would those be? 24 A California. 25 Q And that's the only other one that you are
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1 aware of?
2 A No. There is probably some others.
3 Q Now, have you ever been designated as
4 an expert witness?
5 A Yes.
6 Q What is your expertise regarding?
7 A Rotating machinery.
8 Q And have you ever been designated as a
9 30(b)(6) witness like you are today?
10 MR. BULLARD: Well, I don't know that he
11 knows what a 30(b)(6) is. He is not alawyer.
12 A I don't know.
13 Q Do you know if the Elliott Company has
14 ever been in any trials or -- just trials relating to
15 asbestos before this Geyer case?
16 A No, I don't know.
17 Q And what is your understanding personally
18 of the hazards of asbestos?
19
A Today?
`
20
.Q
Yes.
21 A Today, my-understanding is that people
22 believe that it's hazardous to your health.
23 Q Do you know any morespecific facts about
24 how it's hazardous to your health?
25 A Little bit.
12
1 Q Can you please explain those?
2 A You inhale the stuff and it gets in your
3 lungs and cuts off your oxygen.
4 Q Do you know when the Elliott Company, a
5 representative of the Elliott Company became aware of
6 the hazards of asbestos?
7 A No, I don't.
8 Q Do you know whether the Elliott Company
9 ever communicated to its employees that asbestos was
10 hazardous?
11 MR. BULLARD: What time frame? Ever?
12 MR. WEISS: 1948 to 1992.
13 A I believe, yes.
14 Q And when was the first time that
15 information was communicated to the employees?
16 A I don't know the exact date.
17 Q Do you have an approximation?
18 A No, because I don't know the form that you
19 are referring to.
`
20 Q The Elliott Company was originally founded
21 as what company?
22 A It was founded as, I believe. Liberty
23 Manufacturing.
24 Q In about what era? What date was it
25 founded?
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1 A Early 1900s. 2 Q And how many times has it changed names 3 since that time, if you can remember? 4 A I am not sure what you classify as name 5 changes. Elliott has maintained the Elliott name in 6 some form. but legally, I don't know all the ins ;and 7 outs of the: legal entity. 8 Q What else has Elliott been known as? You 9 said Carrier Corporation before. 10 A Carrier Corporation bought Elliott. 11 Q In what year? 12 A 1957. 13 Q And does Carrier still own Elliott? 14 A No. 15 Q Who does? 16 A It's a wholly owned company. It went LBO 17 in 1987. 18 Q Has been since 1987? 19 A Right. ` 20 Q What line of business is the Elliott 21 Company in right now?-, 22 A Rotating machinery. 23 Q And they manufacture that machinery? 24 A Yes. 25 Q Do they also distribute that machinery?
'J 14
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ' 21 22 23 24 25
A Yes. Q Do you use any other types of distributors across the country? A Today? Q Yes. A Yes. Q Can you briefly describe what types of distributors? A They would be sales agents that would sell some of our products. Q And who are some primary competitors of the Elliott Company at this juncture?
MR. BULLARD: In terms of what kind of products? Rotating machinery?
MR. WEISS: Yes. A Dresser Rand would probably be our leading competitor. Q Where are they located? A Various places,`New York State, other places too. Q Does the Elliott Company now, if you are aware, have a medical director? A I am not aware of one. Q Between the years 1948 and 1992, are you aware^that they ever had one?
15
1 A No, I am not aware of one. 2 Q Did the Elliott Company ever manufacture 3 products containing asbestos? 4 A No. 5 Q Did the Elliott Company ever purchase 6 asbestos products in any way? 7 A Yes. 8 Q What types of products would they buy? 9 A Gaskets, packing. 10 Q How would the gaskets be used within an 11 Elliott machine? 12 A Between flanges. 13 Q Can you explain thatbriefly? 14 A We have oil flow on our machines, and you 15 would connect pieces of pipe with flanges, and they 16 would put a gasket between those flanges. 17 Q And the gaskets would contain asbestos? 18 A Could. 19 Q And where would'those gaskets be obtained 20 from? 21 A Suppliers^ 22 Q Do you recall any particular suppliers? 23 MR. BULLARD: For gaskets, packing, both? 24 MR. WEISS: For gaskets. 25 A John Crane, Johns Mansville, U.S. Rubber.
") 16
1 Q You also said asbestos was used in some of
2 the packing materials at Elliott?
3 A Yes.
4 Q What types of materials?
5 A What do you mean Mwhat types of
6 materials"? Packing material.
7 Q Yes. How were asbestos-containing packing
8 materials used by the Elliott Company?
9 A It was used in, I guess what you would
10 classify as a string form.
11 Q And how would that be applied?
12 A It would be applied in rolled pieces that
)
13 would be put into the packing area on the governor
14 valves.
15 Q Who would supply you with this string form
16 packing material?
17 A John Crane, probably someothers.
18 Q Do you recall any others at this point?
19
A Garlock.
`
20 Q You stated you don't know when someone at
21 Elliott became aware o4L when asbestos materials were
22 hazardous; is that true?
23 MR. BULLARD: Wait a second. I don't
24 think that's what he has testified to. I am
) 25 going to object to the form of the question.
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17
Q Let me rephrase the question. To your knowledge, when did someone at Elliott become aware that asbestos was hazardous?
A I don't know the answer. I don't know. Q You don't know if employees at Elliott were ever warned about the hazards of asbestos? A They were warned, but I don't know when. Q Do you know how they were warned? A Letters and notices. Q Did you bring any of those letters or notices with you? A No. Q Did you conduct a search for any of those letters or notices? A I have looked for some of that stuff, yes. Q And have you been successful in finding any of it? A I found it, yes. Q What types of materials did you find? A Letters. Q You did not., bring those today pursuant to the subpoena, is that true? A That's true. Q What was the basic content of theletters? A The letter that I recall said that
18
1 asbestos could be hazardous and you should take proper 2 precautions. 3 Q Do you remember the dates of these 4 letters? 5 A Quite awhile ago. 6 Q Could you give us an approximation? 7 A Between 1970 and 1980. 8 Q . Were these letters sent to all employees? 9 A No. 10 Q What types of employees were they sent to? 11 A I don't remember. 12 Q What types of employees at Elliott would 13 be exposed to the asbestos-containing gaskets? 14 MR. BULLARD: Well, I am not sure what you 15 mean by "exposed," so I am going to object to 16 the form. 17 If you can answer the question, I don't 18 know 19 A I don't think that the letter referred to 20 gaskets, per se. 21 Q What did it^ refer to? 22 A I think that the letter primarily referred 23 to just maintenance, to asbestos-containing materials. 24 Q Did you say these letters were not sent to 25 every employee?
A No. I recall it was primarily directed to the maintenance group.
Q And why would those letters be directed towards the maintenance group?
A Because we have steam piping in our plant and gaskets and that, and that's primarily where it was aimed to because they maintained the equipment.
Q Other than the letters sent to these workers, did the Elliott Company take any other precautions to protect their health from asbestos?
A I don't know. Q You are stating you don't know what job classifications at Elliott entailed asbestos exposure, is that true?
MR. BULLARD: Again, I am not sure what you mean by the term "exposure," but I don't know if you can answer that question or not. A I don't know. Q Specifically, doyou know whichproducts that Elliott Corporation or any of its predecessors manufactured that contained asbestos? -- MR. BULLARD: I am going to object to the form of the question. - If you can answer. A It's very broad. I am not quite sure how
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1 to answer it, because it's so broad. 2 Q Can you give us an example of one product 3 that you manufacture that contained asbestos? 4 A Some steam turbines contained asbestos 5 material that we would install; some don't. 6 Q Does the Elliott Company produce any 7 products now that contains asbestos? 8 A You are talking about total Elliott 9 Company worldwide? 10 Q That's correct. 11 A Yes, I believe we do. 12 Q What types of products would those be? ) 13 A Gill thrusters. 14 Q Are those manufactured in this country? 15 A No. 16 Q Where are they manufactured? 17 A England. 18 Q Today, any products that are manufactured 19 in the United States by the`Elliott Company, do any of 20 those products contain asbestos? 21 A Not that I-<know of. 22 Q And when did the Elliott Company stop 23 using asbestos in its products? 24 MR. BULLARD: Manufactured in this
) 25 country?
21
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ' 21 22 23 24 25
MR. WEISS: Exactly. A There is no exact date on everything, but it was -- I would say we were, in the United States, we were no longer using any asbestos-containing products that we purchased in about 1992. Q And why did you stop using asbestos in those products? A For numerous reasons. Q Could you please list those? A Specifications changed, other materials became available. Q No other reasons? A I am sure that there is. The hazards in the advertisement that has gone along with them. Q Obviously, the Elliott Company supplied products to commercial shipping companies, is that true? A Commercial shipping companies, yes. Q They gave products -- they sold products to shipbuilders, is that right? A That's cor-rect. Q I am going to hand you what has been marked as USX Exhibit B, and I will direct your attention to the bottom of the first page. There is listed as a "Main Condenser - One." Could you
22
1 describe what that product is?
2 MR. BULLARD: I don't think we have
3 identified what the document is, so I am going
4 to object to form and foundation.
5 If you can answer.
6 A It says that it's a main injector, and a
7 main injector would be -- I am sorry, main condenser.
8 and the main condenser would be a condenser that
9 worked off of the main turbine and would condense the
10 steam coming out of the main turbine.
11 Q What's the purpose of such a product?
.J 12 A To return the steam to water. 13 Q And what are the applications for a main
14 condenser, as listed there?
15 A To go on the exhaust end of a steam
16 turbine.
17 Q This would be used for maritime purposes?
18 A Yes.
19 Q And this particular product, if you are
20 aware, was this sold to shipbuilders?
21
A Yes.
--
22 Q Are they still sold to shipbuilders?
23 A No.
24 Q When did they stop selling this product to
\ 25 shipbuilders?
23
1 A Approximately 30 years ago. 2 Q How long was this product on the market? 3 A 30 years. 4 Q Do you know what temperature ranges a 5 product like that would be subject to? 6 A Yes. 7 Q What would they be? 8 A Maximum temperature would be in the order 9 of 250 degrees; minimum temperature would be 50 10 degrees. 11 Q Would asbestos have been used to make or 12 manufacture that product? 13 MR. BULLARD: I am going to object to the 14 ^form of the question. It's vague and ambiguous. 15 How can asbestos be used to manufacture a 16 condenser? 17 If you can answer the question, go ahead. 18 A I don't think asbestos can be used to 19 manufacture a condenser. ` 20 Q Are there any asbestos components in that 21 condenser? 22 A Yes. 23 Q What types of components? 24 A Gaskets. Could be. Doesn't have to be, 25 but it could be.
24
1 Q And how many gaskets would a condenser
2 like that contain?
3 A That would be supplied by Elliott?
4 Q Yes.
5 A Probably two, maybethree.
6 Q What would be the size of those gaskets?
7 A It doesn't tell me how big this condenser
8 is, so I don't know.
9 Q You don't know what percent those gaskets
10 would contain of asbestos?
11 A No, I don't.
12 Q Or what type of asbestos would be in those
13 gaskets?
14 A I am not sure.
15 Q Now., handing you what has been marked as 16 Exhibit B, page 2, I direct your attention to the top
17 of the page. There is marked a main condenser removal
18 pump drive.
19 A Okay.
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20 Q Do you know what one of those is?
21
A Yes.
~4
22 Q What is it?
23 A Steam turbine.
24 Q What exactly is a steam turbine?
25 A It converts steam pressure to rotating
25
1 power. 2 Q And that obviously would have maritime 3 applications? 4 A Yes. 5 Q Does that product sold byElliott have any 6 asbestos-containing components, that you know? 7 A Yes. e Q What componentswouldthose be? 9 A The packing. 10 Q What type of packing? 11 A I am confused with the term "type of 12 packing." It's packing that you would put around a 13 valve. 1 am not sure the definition of type. 14 "= Q This obviously was sold to shipbuilders, 15 is that correct? 16 A It was in this case, yes. 17 Q And it was sold to shipbuilders in the 18 Great Lakes region, is that true? 19 A Yes. 20 Q What temperature ranges would an object 21 like that have? 22 A It says right on here 450 degrees. 23 Q That's the maximum temperature? 24 -A That's the design temperature. 25 q On the same exhibit, X would like to
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1 direct your attention to the paragraph below where it
2 says "Main Air Ejectors - Two."
3 A Okay.
4 Q Could you tell me what those are?
5 A Ejectors are a device that use steam to.
6 in this particular case, remove air from the
7 condenser.
8 Q And what would the temperature ranges on 9 that item be?
10 A It doesn't say.
11 Q Do you have an estimation? 12 A I could say it's the same temperature as 13 the turbine above, 450 degrees.
14 Q And would this product have
15 asbestos-containing components?
16 A Could have.
17 Q- And you say "could have." What types of 18 components could it have had?
19
A Gasket.
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20 ' Q And from looking at this, can you tell me 21 how many gaskets it would contain?
22 A No. It doesn't tell me enough
23 information
24 Q And again, this product was sold to
I 25 shipbuilders in the Great Lakes area?
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1 A Yes. 2 Q Now, showing you from the same exhibit 3 bottom of page 5, where it says "Auxiliary Condenser," 4 do you know what one of those is? 5 A It's a condenser, yes. 6 Q And that alsohas maritime applications? 7 A Yes. 8 Q And that was sold by the Elliott Company 9 to shipbuilders? 10 A It says that, yes. 11 Q What is the purpose of an auxiliary 12 condenser? 13 A I am not sure of the context that it's 14 used in this regard. It's a condenser like the main 15 condenser. 16 Q What purpose would it have on a ship? 17 A It would condense steam. 18 Q And what would the temperatureranges on 19 this auxiliary condenser be? 20 A Similar to what I gave you for the first 21 condenser. 22 Q 450 degrees? 23 A No, I didrP't give you that. It would be a 24 lower temperature than that.
) 28
1 A Probably about 250.
2 Q Would this auxiliary condenser have any
3 other asbestos-containing components other than
4 gaskets?
5 A No.
6 Q And you could not tell me how many gaskets
7 this condenser had?
8 A Two or three.
9 Q And as to those gaskets, what would be the
10 percentage or type of asbestos?
11 A I don't know in this particular case.
) 12 Q Now, handing you, from the same exhibit, 13 directing your attention to page 6, marked as "Drive
14 Turbine," could you briefly tell me what a drive 15 turbine is?
16 A It's a steam turbine.
17 Q What would its maritime application be?
18 A To drive something. It converts steam to
19 rotating power.
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20 Q And when were these turbines manufactured
21 by the Elliott Company?,
22 A My guess is in excess of -- between 50 and
23 75 years ago.
24 Q And they no longer produce those?
) 25 A This particular model, yes.
Q They do? A These models, they do not produce. Q As to that model, when was that discontinued? A That's what 1 am going on. The models that -- the previous one that you showed me, we stopped manufacture in about 1945 or something like that, give or take a couple years, and this model that is here, which is -- which was probably discontinued before that time. Q And what would be thetemperature ranges of a drive turbine listed there? A 1 don't really know, but it wouldn't be greater than 450 degrees, than the other turbine. Q would this drive turbine contain asbestos-containing components? A I don't know. Q Directing your attention in thesame exhibit to the auxiliary air ejectors. Again, what are those? A They are similar to the previous air ejectors that we talked about. They are just auxiliary air ejectors. I am not sure how they fit into the scheme of things. q And what is their purpose on a ship?
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1 A Their purpose is to -- they are a
2 compresser of sorts, but they use steam as a driving
3 force.
4 Q And what would the temperature ranges on
5 these ejectors be?
.
6 A It's not stated here.
7 Q Do you have an estimate?
8 A It wouldn't be greater than the previous
9 steam.
10 Q And as to asbestos-containing components,
11 what would likely be found in one of these ejectors?
12 A It doesn't say, but they are auxiliary 13 ejectors, and they could be smaller and not have any
14 gaskets in them.
15 Q So it's possible they contain no asbestos
16 whatsoever?
17 A Good possibility.
18 Q As to the products we just spoke of, where
19 was the asbestos purchased from by the Elliott
20 Company?
21 MR. BULLARD1: I am going to object. He
22 has not testified that we purchased any
23 asbestos. He testified that we purchased
24 gaskets and packing that contained asbestos.
) 25 There is a big difference.
31
You can answer the question, if you know, if you can. A We didn't purchase any asbestos. Q So the Elliott Company never purchased asbestos as a raw material? A That's correct. Q As to asbestos-containing gaskets, where were those purchased from? A Suppliers. Q Could you please mention who they are?
MR. BULLARD: It's been asked and answered, but go ahead. A I don't really know. We are talking about 75 years. Companies change names. I don't know. Q As for the packing, that would be your same answer? A That would be the same answer, correct. Q Handing you what has been marked USX Exhibit C, could you pi ease`describe what this document is, if you know?
MR. BULLARB,: I am also going to object to the document. As I understand it, this man's sailing history, according to plaintiff's own exposure history that was filed in October of '93, indicates that his period of exposure on
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32
1 page 1 was from 1950 to 1972.
2 This document is dated 1981, well after
3 this man was never exposed, according to
4 plaintiff's own exposure history.
5 Go ahead and answer if you can.
6 A This is an invoice, document for parts
7 supplied.
8 Q And on this invoice, gaskets are listed.
9 is that correct?
10 A Yes, item No. 7 says gaskets. No. 4 says
11 gasket, 5 says gasket and there is a bunch of gaskets
.) ^ down at the bottom, 12, 13, 14 and 15. 13 Q Now, to the best of your knowledge, would
14 these gaskets contain asbestos?
15 A I don't know.
16 Q And you have no idea where these gaskets
17 were purchased from?
18 A No, I don't.
19 Q I am handing you what has been marked as
20 USX Exhibit D. Do you recognize that document?
21 A It says
22 MR. BULLARD: Let me see it for a second.
23 Again, this document is dated August of
24 '76, so I am going to have the same objection.
) 25
Go ahead.
33
1 A It says it's a purchase order. 2 Q From whom? 3 A United States Steel Corporation purchasing 4 division. 5 Q And it's a purchase order for what? 6 A Manhole gaskets for deaerator heater tank 7 for 59 square foot vent condenser No. 16835, 8 deaerating heater XX 4112. 9 Q What exactly would a manhole gasket for a 10 deaerator heater tank be? 11 A It's a gasket. It goes over a hole in the 12 tank. 13 Q What is a deaerator heater tank? 14 ^A Deaerator heater is a device that removes 15 air from the steam, actually, it's from the water that 16 is going to be made into steam. 17 Q And that obviously has a maritime 18 application? 19 ^ Yes, it does. ` 20 Q And did Elliott Company manufacture these 21 deaerator heater tanks^, 22 Yes, we made deaerator heater tanks. 23 Q During what period of time? 24 A I don't know the exact year that we began, 25 but 1930. We went out of the business in the early
34
1 '60's. 2 Q Did these heater tanks contain 3 asbestos-containing components? 4 A They could, yes. 5 Q And what would the range of temperatures 6 be on one of these tanks? 7 A Temperature range, they primarily deal 8 with water, and they inject some steam into them, so 9 the steam coming in would be a couple hundred degrees. 10 Q And the only type of asbestos-containing 11 components on this type of tank would be in a gasket? 12 -A That's correct. 13 Q And again, you did not know where the 14 gaskets for these tanks were purchased? 15 A I don't know where it was for this 16 particular tank. 17 Q Do you know for any other tanks? 18 A If I could track it, I could probably 19 guess where they would be. ` ' 20 Q Now, as to the products that the Elliott 21 Company produced that-'Contained asbestos, the 22 components that contained asbestos, why was asbestos 23 used in those components generally? 24 A It was the industry standard. 25 Q Why was it the industry standard, if you
in
~i;
mamm:..
^ 35
1 know?
2 A Because it served a purpose that it was
3 meant to do very well.
4 Q Which is?
5 A To seal these vessels and turbines and
6 ejectors and what have you.
,
7 Q The Elliott Company produces products all
8 over the country, or just in Pennsylvania?
9 A Primary manufacturing location is
10 Jeannette, Pennsylvania.
11 Q And it's been there for how long?
, 12 _A 70 years. J
13 Q 70?
14 A 70. I might be off by a couple.
15 Q So the products we've been discussing so
16 far were produced in Jeannette, Pennsylvania?
17 A Yes.
18 Q Did the Elliott Company ever have any
19 other manufacturing plants in this country? 20 A Yes.
21 Q Where were-,they?
22 A The two that I can think of were in Dayton
23 and Springfield, Ohio.
24 Q Are those still in operation?
25 A I am not sure.
'-.mmsuM..
) 36
1 Q Do you know when they started operation? 2 A No. 3 Q The Elliott Company never had any other 4 manufacturing plants, other than the one in Jeannette, 5 the one in Dayton and the one in Springfield? 6 A In the United States? 7 Q Right. 8 A Only manufacturing facilities, yes. 9 Q What types of products were manufactured 10 in the Dayton plant? 11 A Tube tools. 12 Q I am sorry? 13 A Tube tools. 14 Q How about the Springfield plant? 15 A It's the same thing. 16 Q And you say the Elliott Company also has 17 some manufacturing plants abroad? 18 A Yes. 19 Q Where would they be located? 20 A What year are we talking about? 21 Q Start from-,the inception of the company. 22 A Manufacturing, we manufactured in Holland 23 from 1957, I don't remember the exact year, but 24 sometime in the '80's, we manufactured in England,
) 25 from SLometime in late '70's until the mid '80's,
37
1 manufactured -- this is through -- the one in Holland
2 was a licensee and Japan is a licensee. Japan
3 licensee started in 1960 something. Still in
4 existence.
5 Q What types of products were manufactured
6 at the Holland plant?
7 A Primarily steam -- primarily centrifugal
8 compressors and steam turbines.
9 Q Is that plant still operational?
10 A It's not part of Elliott.
11 Q As to the England plant, what do they
12 produce?
13 A Same thing.
14 Q Is that still operational?
15 A No, it's gone out of business.
16 Q And the Japanese plant, is that still
17 operational?
18 A It's a licensee. It's still in operation.
19 Q What is produced there?
20 A Compressors and steam turbines.
21 Q Approximately how many people does Elliott
22 employ in the United States now?
.
23 A Today?
24 Q Yes.
25 A It changes from day to day, but I would
) 38
1 say between 1500 and 2000.
2 Q How many of those people are involved in
3 manufacturing?
4 A I don't know the exact number.
5 Q How many of those people are in Jeannette
6 right now?
7 A Again, I don't know the exact number.
8 Q Has your company ever supplied to its
9 employees material safety data sheets?
10 A Yes. ,
11 Q And when did your company start doing
, 12 that? )
13 A I don't know the date. I don't have a
14 date. 15 Q
And were those sheets supplied to all
. 16
types_of workers?
17 A They were available to all types of
18 workers.
19 Q How were they made available?
20 '
A Through issue of manuals.
21 Q And when wejre they supplied to employees?
22 A I thought I said they weren't supplied to
23 employees. They were supplied as a manual to the
24 various areas.
} 25 Q And did these material data safety sheets
iiflBiiil... v ::^.Iaix:-MigM:....a:T;-:aaEas''. ...::........................................................... iunii
39
contain any information regarding asbestos? A I don't know. Q As part of your preparation for this
deposition, did you review any of these material safety^data sheets?
A No. Q Were these same materialsafety data sheets supplied to any of your customers or distributors? A I am sure that some have. I can't say that I know the details. Q Does Elliott Company keep a record of those sheets? A The ones that we have? Q Any of them you have ever produced, are they kept as records?
MR. BULLARD: I don't know that he has produced them or Elliott has produced the MSDS, so I am going to objedt to the form of the question. A I am having a problem with the way you presented the question. Q Does the Elliott Company, in its archives. save these sheets that they distributed to their employees?
WWflPHlg.T'Vr *WrT '.
... ^ *-*
^iS mmm "^a-,j j^iiffilg^rr i^iiilfffitliy^B
40
1 A I don't know. 2 Q Or to their customers or distributors? 3 A I don't know how we handle that. 4 Q Has the Elliott Company ever distributed 5 literature to its -- literature of any kind to its 6 customers or distributors regarding asbestos, if you 7 are aware? 8 A Not that I am aware. 9 Q Were letters or memoranda sent to anyone 10 from the Elliott Company that you are aware regarding 11 asbestos-containing components? ) 12 A Not that I am aware. " 13 Q And you have already stated that as to the 14 gaskets used by the Elliott Company, you don't know 15 the type of asbestos used in them? 16 MR. BULLARD: What time frame are you 17 talking about? I mean, his knowledge may have 18 changed over the years. I am going to object to 19 of the form of the question. 20 A Again, the question is so broad that you 21 would have to pick a specific case and then maybe I 22 could help you out. Not in a broad sense. 23 Q For maritime applications in the 1940's, 24 what type of asbestos would be used in the gaskets
) 25 used in your products?
) 41
1 A I am not sure of the answer to that.
2 Q Of the products manufactured by the
3 Elliott Company, were they coded based upon asbestos
4 content?
5 A Not that I am aware of.
6 Q So there was never specific color codes
7 given to products manufactured by Elliott?
8 A Not that I am aware of.
9 Q Does your company maintain any records of
10 the catalogs that it has produced throughout the
11 years?
12 A You mean contain a historical record? 13 Q Right.
14 A No.
15 Q Does your company retain any of the
16 catalogs it has produced throughout the years?
17 A If you ask me if we open up a file, would
18 there be a catalog in there, probably. Do we keep a
19 record of it, no.
`
20 Q As part of your preparation for this
21 deposition, did you try; to obtain oldcatalogs?
22 A Yes.
23 Q Did you -- were yousuccessful in finding
24 any of them?
} 25 A I have found a few.
") 42
1 Q Did you bring those with you today? 2 A No. 3 Q What catalogs did you find? 4 _A I think I found part of a Johns Mansville 5 catalog, some, I think, Garlock. 6 Q As to the -- I am sorry. 7 A Maybe a few others. 8 Q As to the Johns Mansville, what type of 9 catalog was that? 10 A It was with pipe coatings andthings like 11 that. 12 Q These are pipe coatings supplied by Johns 13 Mansville to the Elliott Company? 14 =A To the industry. 15 Q As to the Garlock catalogs? 16 A Yeah. They are catalogs that were just 17 general. 18 Q You stated earlier that there came a time 19 when the Elliott Company bedame aware of the hazards 20 of asbestos? 21 A Okay. 22 Q Do you have any information as to where 23 that information came from? 24 A Not specifically, no. ) 25 Q Generally, do you know?
) 43
1 A Generally, from trade magazines. 2 Q Did your company ever perform any studies 3 on its finished products to determine the effects of 4 the asbestos'components they contained? 5 A Can you restate that one again? 6 Q Okay. Did your company ever conduct any 7 tests or studies to determine the effects of the 8 deterioration of asbestos-containing components? 9 A Thank you. No. 10 Q Are you aware of any tests or studies that 11 your company was made aware of? 12 A Regarding asbestos? ) 13 Q Right. 14 A No. 15 Q Did your company ever contribute any money 16 to any asbestos related disease research? 17 A Not that I am aware of. 18 Q You stated that of the products made by 19 the Elliott Company in this`country, none contain 20 asbestos? 21 A Today? 22 Q Is that correct? 23 A That's correct. 24 Q And when was asbestos completely phased 25 out of your products?
) 44
1 A I said about 1992.
2 Q What are some of the products that
3 replaced asbestos in your products?
4 A I am not sure what replaced them. They
5 come from the suppliers with names like Nobestos and
6 things like that, and I don't know what's in there.
7 Q You don't know any of the specific
8 replacement products?
.
9 A In many cases, I don't. Some cases, I
10 have a little knowledge.
11 MR. BULLARD: I am going to object to the
. 12 form of the question. I think he knows what 13 products they are, but he does not know what
14 makes up those products. I think you are
15 talking at cross purposes there, and I don't
16 know that the record is clear.
17 Q When the Elliott Company was producing
18 products that contained asbestos-containing
19 components, did the manufacturing employees wear any
20 safety devices regarding exposure to asbestos?
21 A Not that I-am aware of.
22 Q You stated in this country, there were
23 three manufacturing plants?
24 A Corrrreecctt..
) 25 Q There were never any more than that?
45
1 A Manufacturing.
2 Q Now, of these manufacturing plants, did
3 any of them have a medical library?
4 A Not that I am aware of.
5 ' Q And did any of those plants belong to any
6 industrial hygiene organizations?
.
7 A Not that I know of.
8 Q Does your company currently employ an
9 industrial hygienist?
10 A Not that I am aware of.
11 Q Has the Elliott Company ever employed
12 an industrial hygienist? )
13 A Not that I am aware of.
14 Q You stated that you testified for the 15 Elliott Company at depositions before?
16 A That's correct.
17 Q And this is the first one that has
18 regarded asbestos, is that true?
19 A That's correct. `
20 '
Q And when did you initially learn that you
21 would be testifying at^this deposition today?
22 A I think about last Thursday, whatever date
23 that was.
24 Q So about a week ago?
)1 . 25
A Probably less than a week.
-iKiiwfi.-r
m T'i
- ;. -Tfint^t
-til...... whtiKb-
a- .......-LijiAiM lewnmw
Sjtim-.---
46
1 Q And did you review any materials in
2 preparation for this deposition?
3 A I read the notice.
4 Q Did you review any documents from the
5 Elliott Company regarding this deposition?
6 A Yes.
7 Q What types of materials?
8 A I helped gathered this material here.
9 Q You are referring to the materials you
10 brought here today?
11 A Right.
.) 12 Q Did you bring any materials regarding the 13 subpoena that was attached to your deposition notice?
14 MR. BULLARD: The subpoena duces tecum. 15 the list of items that were attached to the
16 notice. 17 A Isn't that what this is? I am confused.
18 but I thought that's what this is.
19 MR. WEISS: You'are going to allow us to
20 copy those or you are going to supply us copies
21
of those?
--,
22 MR. BULLARD: Sure, if you want them.
23 Q Did you speak with any other company
24 employees regarding this deposition?
25 A Like my boss, telling him I was coming to
> 47
1 it.
2 Q You just spoke to your boss about this
3 deposition?
4 A I told him I was coming.
5 Q What's his name?
6 A Frank Rassmann.
7 Q What does he do at Elliott?
8 A He is director of engineering. Director
9 of engineering, I think, is his title.
10 Q How much time would you say you spent in
11 preparation for this deposition?
. 12 A Aside from digging these records out -- )
13 including these records, it was several hours.
14 Q How were the documents you brought with
15 you today retrieved?
16 A By looking for the names of the ships that
17 were listed in the letter that we had.
18 Q Which ships did you find?
19 A Ones that are there. I don't remember the
20 names of all the ships.
21 Q You can refer to those if you want. Could
22 you give me the names of the ships?
23 MR. BULLARD: While he does that, I am
24 going to take a break.
)> 25
(Recess taken.)
) 48
1 A Would you like to repeat the question? 2 - MR. WEISS: Could you read the last one 3 back. please? 4 (Record read.) 5 A These are the ship names that I see in the 6 files. This file here has got Steamer Roger City. 7 Q Do you know who manufactured the Roger 8 City? 9 A By "manufacture," you mean -10 Q The shipbuilder. 11 A The shipbuilder. This also has in the 12 file B. H. Taylor, and the original unit was shipped 13 to Bradl ey Transportation Company. 14 Q And did you personally retrieve that file? 15 A Did I personally retrieve it? Pretty 16 close. 17 Q Who else helped you retrieve it? 18 A The file clerk. 19 Q No one else was`involved in the retrieval 20 of that file? 21 A Yeah, there* was another person that helped 22 me. 23 Q Who was that person? 24 A Angela Hoffman. 25 Q What did she do at Elliott Company?
49
1 A She is sitting down there.
2 Q What is her position there?
3 A An attorney.
4 -- Should I go to the next one?
5 Q Please.
6 A This one has Steamer Taylor in the file.
7 It was purchased by Pittsburgh Steamship Company in
8 Cleveland, Ohio, but I don't know if they were a
9 shipbuilder.
10 This file has Bradley Transportation,
11 Steamer W. F. White. I don't see anything else.
; 12
Steamer Cedarville. It's also got Steamer
13 Harvey on it. It was shipped to Great Lakes
14 Engineering Works. That was a shipbuilder. It's also
15 called the A. F. Harvey.
16 Steamer Lehigh, also has steamer J. H.
17 Hillman, Jr. I don't know who built that ship.
18 I am not sure how to pronounce this
19 A-f-f-1 -- I am sorry, A-f-f-l-e-c-k, Affleck. Also
20 it would be called the B. F. Affleck. This was again
21 purchased by Pittsburgh, Steamship Company in
22 Cleveland, Ohio. There is no indication here on who
23 built the ship.
24 Steamer Calcite, C-a-l-c-i-t-e. It says
1 25 the user is Bradley Transportation Company. There is
50
1 also a listing here that says White, Steamer White
2 and Steamer W. P. White.
3 This one has Steamer J. H. Hillman, Jr.,
4 Great Lakes Steamship Company. The engineer was Great
5 Lakes Engineering Works.
6 This last file, I haven't found a name in,
7 and it's just an order for Great Lakes Steel Company.
8 Haven^t found a name of a ship in it.
9 Q Okay. Thank you. I am going to ask you
10 some questions specifically regarding the subpoena
11 that was attached to the notice. The subpoena asked
12 you to bring with you sales records showing sales and 13 purchases of insulation materials.
14 Did you bring any materials -- materials
15 with you today?
16 A For sales of insulation materials?
17 Q Or purchases.
18 A No. We didn't -- no, I didn't bring any
19 material with me.
1
20 Q Did your company conduct a search for
21 those types of materials?
22 A I don't know where to look.
23 Q Do you know if any sales or purchase
24 receipts for insulation materials exist within
25 Elliott's control?
ZLMkMi
jStatLBBJtAl
immi
) 51
1 A No, I do not. 2 Q Did you bring with you any purchase orders 3 showing the purchase of insulation materials by the 4 Elliott Company? 5 A Insulation materials? 6 Q Right. 7 A No. 8 Q Why did you not bring those? 9 A Because the subpoena, the way I read it, 10 was for the Great Lakes fleet. 11 Q In the files you brought with you, are all 12 the materials germane to the Great Lakes fleet that 13 you have in your possession? 14 A For the whole Great Lakes fleet? 15 Q Regarding insulation materials. 16 A Insulation materials? 17 Q Right. 18 A No. There probably could be some others. 19 Q Where would tho^e be located? 20 A In our files. 21 Q Again in Jeannette, Pennsylvania? 22 A Yes. 23 Q You were also asked to bring with you 24 advertising materials received from manufacturers and > 25 distributors within your possession of products
52
1 containing asbestos-containing components. 2 Did you find any of those in your search? 3 A I don't recall reading these questions 4 that way. 5 Q Did you search for those materials. 6 advertising materials? 7 A No, I didn't. 8 Q Are you aware if any of those advertising 9 materials exist? 10 A Not -- they may. I am not sure of the 11 question. I didn't read the question that way. /.t 12 _Q The next item was information or 13 promotional literature or brochures regarding the safe 14 handling of asbestos-containing products. 15 Did you find anything of that nature in 16 your search for documents? 17 A I don't recall these questions read that 18 way. Which question are you referring to? 19 Q No. 5 of the dudes tecum. 20 A The question No. 5 reads, "All advertising 21 materials received from, manufacturers and distributors 22 concerning the sale of products containing asbestos 23 for use in the maritime industry, specifically aboard 24 Great Lakes vessels and/or vessels upon which decedent 1 25 worked."
-WI!ll'f!!ai.^...i-'-J?Wt~-',,.2:..aia,: vntVTm. ^J.U..ZL.^. Vi' ^-^-WPUMfl :-ra;a.t--
) 53
1 We don't have any files relative to
2 maritime or Great Lakes vessels, per se. There might
3 be something in our general files.
4 Q Did you conduct a search for those
5 materials?
6 A I looked for this, because I didn't --
7 they don't exist, that I am aware of, for the maritime
8 or for the Great Lakes vessels.
9 Q I will direct your attention to the next
10 paragraph No. 6.
11 A Okay. "All information received from or
\ 12 sent or delivered to manufacturers and/or distributors 13 of asbestos-containing products for defendant
14 concerning the nature, quality, content, use,
15 manufacturing methods, distribution methods, safety.
16 health hazards, availability, installation procedures.
17 warranties, guaranties concerning asbestos-containing
18 products sold, distributed or manufactured by
19 Defendant."
`
20 I am not aware of any.
21 Q You conducted a search for the items
22 listed in that paragraph?
23 A As much of a search that I would look for
24 stuff in that time frame. I didn't find anything. I
25 don't know where to look.
54
1 Q I will direct your attention to paragraph 2 9 of the duces tecum, ''All shipping receipts and bills 3 of lading concerning the shipping and receiving of 4 asbestos-containing products for use or sale in the 5 marine industry, specifically aboard Great Lakes 6 vessels and/or vessels where the decedent worked." 7 Did you conduct a search for those 8 materials? 9 A That's the shipping records that we would 10 have. This stuff is all over 30 years old, and 11 consequently, it's not readily available. 12 Q All the things you found pursuant to that 13 last request, you brought with you today? 14 A That's here. that I found. 15 MR. WEISS: I have no further questions. 16 MR. AMMONS: I have none. 17 MR. HUETTER: None. 18 MR. BULLARD: I don't have any questions. 19 You have the option of reading this 20 transcript. 21 THE WITNESS,: I would like to do that. 22 MR. BULLARD: You can't make changes to 23 the transcript itself, but if you find errors. 24 you can list those errors, and that page will be 25 attached to the deposition transcript.
m%d
A;'.&*: fes-mr;,""
--II I'lflhflfjjH
) 55
1 Do you want to do that? 2 THE WITNESS: Yes. 3 MR. BULLARD: Send him the original and 4 let him read it. 5 6 (Thereupon, at 11:10 o'clock a.m., the 7 deposition was concluded.) 8 9 10 11 12 ) 13 14 15 16 17 18 19 20 21 22 23 24 25
1 56
1 SIGNATURE PAGE
2 3
4
5
6
7
8
Subscribed and sworn to before me this
9
/V
day of
________
1995.
10
i*' '
11
12 Notsu^y Public
13
14
15
16
Notarial Seal
^JdtthA. ZiemiansM, Notary Pubfc Jeannette, Westmoreland County My Commission Expires Sept 19,1996
Member, PenrayVanraAssociation o< Notaries
17
18
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20
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24
) 25
k-BE
57
1 CERTIFICATE
2 COMMONWEALTH OF PENNSYLVANIA, )
) SS i
3 COUNTY OF ALLEGHENY.
)
4 I, Barbara Metz Leo, do hereby certify that before me, a Notary Public in and for the Commonwealth
5 aforesaid, personally appeared ROSS A. HACKEL, who
then was by me first duly cautioned and sworn to
6 testify the truth, the whole truth, and nothing but the truth in the taking of his oral deposition in the
7 cause aforesaid; that the testimony then given by him
as above set forth was by me reduced to stenotypy in
8 the presence of said witness, and afterwards transcribed by means of computer-aided transcription.
9 I do further certify that this deposition was
10 taken at the time and place in the foregoing caption
specified, and was completed without adjournment.
11 I do further certify that I am not a relative,
12 counsel or attorney of either party, or otherwise interested in the event of this action.
13
IN WITNESS WHEREOF, I have hereunto set my hand
14 and affixed my seal of affA^ie at Pittsburgh,
Pennsylvania, on this
day of /
^ _,
15 1995.
" ''
16
17 L
B^trba/ra Metz Leo, Notary
<
18 Irr-~and for the Commonwealth of Pennsylvania
My commission expires September 21, 1995
19
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25
1 INDEX
2 EXAMINATION BY: 3 Mr. Weiss 4 5 USX DEPOSITION EXHIBIT NOS. 6 A - Notice of deposition 7 B - List of Main and Auxiliary Equipment 8 C - Quotation 9 D - Purchase order United States Steel
Corporation 10
11 12 13 14 15 16 17 18 19 20
21 22 23 24 25
58
PAGE 3
MARKED 3 3 3 3
Page Line
LAWYER'S NOTES
0p l
a o n i /n v o n ju
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JANE ANN GEYER, P/R/E, JEROLD G. GEYER, DECEASED,
Plaintiff,
v. BABCOCK & WILCOX, CO., et aL,
Defendants.
* CASE NO. 92 CV 70075 DT * *
* HONORABLE GEORGE WOODS
*.
* NOTICE OF DEPOSITION * PURSUANT TO FED CIV. R. 30(W6>
*
*
* *
USX CORPORATION, flea
*
UNITED STATES STEEL CORPORATION,* *
Defendant and Third-Party Plaintiff,
* *
*
v. *
*
UNITED STATES OF AMERICA, et aL,
* *
Third-Party Defendants.
*
Please take notice that, pursuant to Civil Rule 30(b)(6), the Defendant Elliott Company is hereby requested to designate and produce one or more individuals for oral examination before trial in the above titled and numbered action on Wednesday, March 8, 1995 at 9:30 a.m. at the offices ofMorse, Gantverg & Hodge, Inc., Suite 719, One Bigelow Square, Pittsburgh, PA 15219. Defendant Elliott Company is requested to produce one or more individuals with personal knowledge as to the following areas of concern:
SiTM
1. One or more representatives who can testify as to the types, purposes and percent of asbestos in any asbestos-containing product manufactured, sold, distributed (including products containing asbestos components and/or requiring the use of asbestos components) for use in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
2. One or more representatives who can testify as to an overview of defendant's and its predecessor's past business activities with respect to asbestos-containing materials, including but not limited to Defendant's corporate business history, dates of manufacture and sale of asbestos-containing products, nature and composition of said products, type of asbestos fiber used, description of package, and any information provided with reference to health hazards.
3. One or more representatives who are knowledgeable about the sales, ) marketing, use and promotion of Defendant's asbestos-containing products (including
products containing asbestos components and/or requiring the use of asbestos components) and who can identify people with knowledge concerning Defendant's sales and use of asbestos-containing products by Defendant for use in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
4. One or more representatives who can testify as to existing-record keeping systems by Defendant concerning asbestos, products containing asbestos, and/or products requiring asbestos-containing components such as invoices, orders, purchase records, sale summaries, bills oflading, etc.
5. One or more representatives who can testify to any and all investigations that Defendant had made at, before, or during the time period that Defendant sold or used i
2
asbestos-containing products (or products requiring the;- use of asbestos-containing components), into the safely of asbestos generally and specifically as to Defendant's asbestos-containing products.
6. One or more representatives who can testify to any and all steps taken by Defendant to protect, by warning or otherwise, the health and safety of persons who were or may have been exposed to asbestos-containing materials, supplied, sold and/or used by this Defendant.
7. One or more representatives who can testify about the manufacture of asbestos-containing products including without limitations, encapsulations, military specifications, Navy specifications, sales and corporate history for use in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
8. One or more representatives who can testify about alternatives, known by Defendant or its predecessors, for the use of asbestos as a component material in connection with Defendant's asbestos-containing products (or products requiring the use of asbestos-containing components).
9. One or more representatives who can testify as to the identities of the manufacturers of asbestos-containing materials purchased by Defendant for use and/or resale in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
10. One or more representatives who can testify as to the identifies of suppliers of raw asbestos fiber and/or asbestos-containing components for any product used, sold or manufactured by the Defendant for sale and/or resale for use in the Marine
3
Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
11. One or more representatives who can testify as to the identity of all distributors for Defendant's asbestos-containing products or its asbestos-containing components for use in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
12. One or more representatives who can testify as to the existence and content of plans and specifications for any of Defendant's asbestos-containing products and/or products requiring the use of asbestos-containing components for use in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
13. One or more representatives who can identify subcontractors which Defendant hired, retained or otherwise contracted with, for the installation, replacement, repair or removal of asbestos-containing products for use in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
14. The names and addresses of all clerical employees of Defendant with duties involving the processing of sales, purchase orders, receipts, invoices and billings for asbestos-containing products and/or products requiring the use of asbestos-containing components purchased and sold by Defendant for use in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
15. One or more representatives who can testify as to the content of any document which the deponent is required by the subpoena accompanying this Notice to
^yiigg^y
Hmmmimmm.
bring to the deposition, when the documents were received,. who supplied the information,
who had knowledge ofthe information, and who was notified ofthe information.
16. One or more representatives who can testify as to all communications
from any source, including, but not limited to, between the deponent and the manufacturers,
other sellers and/or distributors of asbestos-containing products concerning the nature,
quality, content, use, manufacturing methods, distribution methods, availability, installation
procedures, warranties and guaranties with regard to such products for use in the Marine
Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent
worked.
17. One or more representatives who can testify as to all communications
from any source, including but not limited to, between the Defendant and the
manufacturers, other sellers and/or distributors of asbestos-containing products concerning product safety, health hazards, asbestos-related disease or asbestos-related litigation with
regard to such products for use in the Marine Industty, specifically aboard Great Lakes
Vessels, and/or vessels upon which decedent worked during time periods encompassing
decedent's employment with United States Steel Corporation (1948-1982).
18. One or more representatives who can testify as to the express language
and substantive content of any written or oral warning, caution or caveat given by
Defendant to any customer, contractor, installer or employee concerning the hazards of
and/or use of any asbestos-containing products which it manufactured, sold, distributed,
installed and/or specified for use in the Marine Industry, specifically aboard Great Lakes
vessels, and/or vessels upon which decedent worked.
*
71JM.
Bil--
19. The identity and description of any and all tests and/or experiments conducted by Defendant or any person, firm or facility on its behalf; to determine and establish the quantity of asbestos fibers which would become airborne as a result of manufacturing, processing, fabricating and/or use, including installation, maintenance, and/or removal ofasbestos-containing products and the dates ofsaid tests and experiments.
20. The identity and description of any and all tests and/or experiments conducted by Defendant or any person, firm or facility on its behalf to determine the effect ofinhalation ofasbestos fibers and/or asbestos dust or particles into the human body, when those tests were conducted, their results and whether the results were published.
21. The identity and description of any and all tests and/or experiments, tests to determine the effect ofinhalation ofasbestos fibers and/or asbestos dust or particles into the human body, upon which Defendant relied, at any time in the manufacture, sale, distribution, installation and/or specification ofasbestos-containing products.
22. One or more representatives who can testify as to the identity of shippers used by deponent and/or distributors of deponents* insulation materials, refractories (including castable refractories), gaskets, packing and/or other asbestoscontaining materials to supply the products to deponent for use or sale for use in the Marine Industry, specifically aboard Great Lakes vessels, arid/or vessels upon which decedent worked.
23. One or more representatives who are knowledgeable, or who can identify people with knowledge, concerning the sales, marketing , distribution, use and/or promotion of Defendant's asbestos-containing products (including products containing asbestos components and/or requiring the use of asbestos-containing components) to
6
United States Steel Corporation and/or USS Great Lakes Fleet, Inc. during time periods ) encompassing decedent's employment with United States Steel Corporation (1948-1982).
24. One or more representatives who are knowledgeable about the provision of or contracting for sendees to United States Steel Corporation and/or USS Great Lakes Fleet, Inc. that encompass the use, application, installation, repair, replacement, maintenance, and/or removal of asbestos-containing products, including but not limited to, insulation materials, refractory materials (including castable refractories), cements, construction materials, fireproofing materials, friction products, brake linings, gaskets, pipe lagging, packing, drywall boards, joint and/or caulking compounds and raw asbestos fiber, during time periods encompassing decedent's employment with United States Steel Corporation (1948-1982).
25. One or more representatives who can testify as to the identity of ) Defendant's employees, representatives and/or agents who visited a United States Steel
Corporation facility related to its Great Lakes maritime activities and/or the United States Steel Corporation vessels upon which decedent worked during time periods encompassing decedent's employment with United States Steel Corporation (1948-1982).
DUCES TECUM
,k
You are further notified that pursuant to the accompanying Subpoena Duces Tecum that the persons designated by Defendant pursuant to Rule 30(b)(6) are required to bring with them to the deposition the following items, documents, or things within the care, custody cr control ofDefendant for inspection and photocopying.
}
7
. WU'I-.W '
KHMm
1. All sales records showing sales and purchases of insulation materials, refractories (including castable refractories), gaskets, packing and other asbestos-containing products for use or sale in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
2. All invoices shoving the sale and purchase of insulation materials, refractories (including castable refractories), gaskets, packing and other asbestos-containing products for use in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
3. All purchase orders shoving the purchase of insulation materials, refractories (including castable refractories), gaskets, packing and other asbestos-containing products for use or sale in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
4. All plans and specifications for use in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked, pursuant to which plans and specifications deponent's insulation materials, refractory materials (including castable refractories), asbestos gasketing material, asbestos packing material and other asbestos-containing materials or such materials provided or sold by deponent were used in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
5. All advertising materials received from manufacturers and distributors concerning the sale of products containing asbestos for use in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
8
6. All information received from or sent or delivered to manufacturers and/or distributors of asbestos-containing products for Defendant concerning the nature, quality, content, use, manufacturing methods, distribution methods, safety, health hazards, availability, installation procedures, warranties and guaranties concerning asbestoscontaining products sold, distributed or manufactured by Defendant
7. Photocopies of any and all written warnings, cautions or caveats referred to in paragraph no. 18 ofthis Notice ofDeposition.
8. All documents and/or reports concerning tests and/or experiments referred to in paragraph nos. 19,20 and 21 ofthis Notice ofDeposition.
9. All shipping receipts and bills of lading concerning the shipping and receiving ofasbestos-containing products for use or sale in the Marine Industry, specifically aboard Great Lakes vessels, and/or vessels upon which decedent worked.
10. All information, documents and/or correspondence, of any kind, reflecting Defendant's communications with United States Steel Corporation and/or USS Great Lakes Fleet, Inc. during time periods encompassing decedent's employment with United States Steel Corporation (1948-1982).
on B
55 Public Square, Suite 2215 Cleveland, Ohio 44113 Tel. (216)687-1244 COUNSEL FOR DEFENDANT USX CORPORATION (fka UNITED STATES STEEL CORPORATION
)
i
10
CERTIFICATE OF SERVICE
A copy ofthe foregoing Notice of Deposition Pursuantto Fed. Civ. R. 30(b)(6)
has been served upon the following counsel of record on this
May of February, 1995,
by U.S. ordinary mail postage prepaid:
Michael B. Serling MICHAEL SERLING, P.C. 280 N. Woodward, Ste. 406 Birmingham, MI 48009 Attorney for Plaintiff
Steven Hickey HICKEY & CIANCIOLO 150 W. Jefferson, Suite 1700 Detroit, MI 48226 Attorney for MI Medical
Program & Manvilie Trust, Sprinkman Sons Corporation
S. David McNeill
FREEMAN, McNEILL
3310 W. Big Beaver, Ste. 518
Troy, MI 48084
.
Attorney for M.H. Detrick and
Ingersoll-Rand
Thomas Marcucci 1301 West Long Lake Rd., 135 Troy, MI 48098-6340 Attorney for Babcock & Wilcox & Diamond Power and Bailey Meter
Kevin T. Kennedy, Esq. BLAKE, KIRCHNER, SYMONDS,
MACFARLANE, LARSON & SMITH 1432 Buhl Building Detroit, MI 48226 Attorney for Foster Wheeler
James Stuart, Esq. Jeffrey Bullard, Esq. OGNE, ALBERTS & STUART, P.C. 755 W. Big Beaver Suite 1800 Troy, MI 48084 Counsel for FMC Corporation Westinghouse Electric Corporation & John Zink, Elliott Co., Cash Co., Inc. (fTk/a AW. Cash Company)
Donald B. Miller, Esq. BUTZEL, LONG 150 W. Jefferson, Ste. 900 Detroit, Michigan 48226 Counsel for General Electric; Jamar Company, Inc.
ranw-
iiitiitiiii;;
liLiHiilL
\
Donald A Powell, Esq. BUCKINGHAM, DOOLITTLE & BURROUGHS 50 S. Main Street P.O. Box 1500 Akron, Ohio 44309 Counsel for Alfa Laval, Inc
Christopher Terry, Esq. RUILEDGE, MANION, RABAUT, TERRY & THOMAS, P.C. 2300 Buhl Bldg. Detroit, MI 48226 Counsel for Copes-Vulcan
William F. Scully, Jr. REMINGER & REMENGER CO., L.P.A. The 113 St Clair Building Cleveland, OH 44114 Counsel for Custom Padring & Seals
E. Philip Adamaszek, Esq. SCHLOSS, PEPPLER AND ADAMASZEK 66 Market Street Mt Clemens, MI 48043 Counsel for Detroit Air Compressor & Pump Company
Daniel P. Kong, Esq. KOHL, SECREST, WARDLE, LYNCH CLARK & HAMPTON 30903 Northwestern Hgwy. P.O. Box 3040 Farmington Hills, MI 48333 Counsel for Ernst Gage Co.
Terry J. Pawlowski, Esq. HARVEY, KRUSE, WESTEN &
MILAN, P.C 1050 Wilshire Dr., Ste 320 Troy, MI 48084 Counsel for Fisher Controls
William F. Rivard, Esq. DaleR Burmeister, Esq. Ronald E. Westen, Esq. HARVEY, KRUSE, WESTON & MILAN, P.C. 1730 Buhl Building Detroit, MI 48226 Counsel for Flesritallic, Inc., A.P. Green, Armstrong World, T&N, and National Gypsum
Bruce F. MacFariane BLAKE, KIRCHNER, SYMONDS FARLANE, LARSON & SMITH 1432 Buhl Building Detroit, MI 48226 Counsel for Gardner-Denver Company
Laura D. Mason, Esq. CARPETJJ, SCHAEFER & MASON 306 S. Washington Avenue, Suite 500 Royal Oak, MI 48067 Counsel for Gariock, Inc. and Anchor Packing
Lawrence DiBasio, Esq. _ Suite 300
17187 North Laurel Park Dr. Livonia, MI 48152-2600 Counsel for John Crane, Inc.
2
j-ffia;.,.
mm
)
Margaret R. Foley, Esq. MASSETTI & FOLEY 113 St Clair Ave, Suite 530 Cleveland, OH 44114 Counsel for JJ. DISCH COMPANY
Loretta Ames, Esq. PLUNKETT & COONEY, 900 Marquette Building Detroit MI 48226-3260 Counsel for Lake Shore, Inc. and Fisher-Flack
Made A Wisniewski, Esq KETCH, SAURBIER, DRUTCHAS,
WAGNER & KENNEY, P.C. One Woodward Avenue, 10th Floor Detroit MI 48226 Counsel for Owens-Coming
Fiberglass Corporation
RJEL TAYLOR DIVISION Taylor Engineering do Robert Moore 1111 James P. CoIeBlvd. Fling, MI 48503
Richard J. Disantis, Esq. BUCKLEY, KING & BLUSO 14 Bank One Center Cleveland, Ohio 44114-2652 Counsel for Robert H. Wager Company, Inc. & Leslie Co.
Linda Orians, Esq. LINDA ORLANS, P.C. 650 E. Big Beaver, Suite E Troy, MI 48083-1432 Counsel for Rockwell International
>
Mark D. Shoup MARKD. SHOUP & ASSOCIATES 315 Ford Building 615 Griswold Avenue Detroit Michigan 48226 Counsel for Zacgler, Inc.
William F. Rivard, Esq. HARVEY, KRUSE, WESTON & MILAN, P.C. 1730 Buhl Building Detroit MI 48226
Clayton F. Farrell, Esq. COLLINS, EJNHORN & FARRELL 4000 Town Center, Suite 909 Southfield, ME 48075 Counsel for Aurora Pump Co., Owens Illinois Corp., Harbison-Walker/ Dresser Industries, Inc.
Stephen L. Witenofi; Esq. THOMAS, DEGROOD, WITENOFF & HOFFMAN 645 Griswold, Suite 960 Detroit MI 48226 Counsel for ATLAS TURNER, INC.
MaiyM. O'Day Kirkpatrick & Lockhart 1500 Oliver Building Pittsburgh, PA 15222-5379 Counsel for Dresser Industries
Jonathan T. Walton, Jr., Esq. CLARK, KLEIN & BEAUMONT 1600 First Federal Building 1001 Woodward Avenue DetroitMI 48226 Counsel for KAISER ALUMINUM & . CHEMICAL
3
Michael W. Cianciolo, Esq. HICKEY & CIANCIOLO, P.C. 150 W. Jefferson Suite 1700 Detroit, MI 48226 Counsel for SPRINKMAN SONS CORP.
BALDWIN-LIMA-HAMILTON CORP. (Address Unknown)
PNEU-HYDRAULICS, INC. (Present Address Unknown)
EDWARD VALVES, INC. (Address Unknown)
SERVICE PRODUCTS, INC. (Present Address Unknown)
WALLACE & TIERNAN, INC. (Address Unknown)
WORTHINGTON PUMP CORPORATION (Present Address Unknown)
ZALLEA BROTHERS, INC. (Present Address Unknown)
CELOTEX CORPORATION (BANKRUPT) 4010 W. Boy Scout Blvd. Tampa, FL 33607
H.K. PORTER CO., INC. (BANKRUPT) do C.T. Corporation Systems 28 W. 8th Street Trenton, NJ
BAUGHMAN & ASSOCIATES
4
. JMHgjBlM-
tS-- -'.tig.' f - -- <WWir>i
--
LIST OF MAIN AND AUXILIARY EQUIPMENT DESIGN L6-S-B1 -- U. S. MARITIME COMMISSION VESSELS
BUILT AT GREAT LAKES ENGINEERING WORKS .
STEAMER
/?tJAH USMC HULL S$l
BUILDERS HULL J2&Z.
MAIN PROPELLING ENGINE - ONE
Great Lakes Engineering Works - River Rouge, Michigan
Engine Ho. S~V7
Size 24n-4ln-684`c "42" stroke
`
Triple Expansion
.
Normal I.H.P. - 2500 @,85 R.P.K.
Maximum I.H.P. - 5200 @ 94 R.P.K.
Steam 250# - 450 F Exhaust - 25" Vacuum
THRUST BEARING - ONE
Kingsbury Machine Works - Philadelphia, Pa.
Size - 52-1/2 FGF
'
Serial No.
-6Z.-?>o
PROPELLER - ONE
Cast by Cramp Brass & Iron Foundry - Philadelphia, Pa.
Diameter - l8 ft.-On
.
Pitch - 14 ft.-9"
4 Blade Manganese Bronze .
.
MAIN CONDENSER - ONE *
' ' "" '
" ........
.
Elliott Company - Jeanette, Pa.
.
101051 t ;
Condenser - Low Level Jet Type with Integral Centrifugal
. ' Removal Pump (1200 R.P.K.) and Dual Air Ejectors ` Capacity Maximum - 45,O0Qr Steam - 26" Vacuum @ 75 Sea Vet<
Condenser and Removal Pump Serial No.
MAIN CONDENSER REMOVAL PUMP DRIVE - ONE '
*
Elliott Company - Jeanette/ Fa.
Type - 2 BY, 60 H.P. - 4800/1200 R.F.H. Geared Turbine Adjustable Speed Downward
Steam - 220# Ga. 450 F Exhaust 8 to 10# Ga. B.P. Turbine Serial Ho. 778"X Vf
MAIN AIR EJECTORS - THO
Elliott Company - Jeanette, Pa.
One - Two Stage Non-condensing -- 45.4# hr. Air- Capacity Serial No. 1st Stage Serial No. 2nd Stage XU r
One - Two Stage Non-condensing -- 75.6# hr. Air Capacity Serial No. 1st Stage $Lol-A. Serial No. 2nd Stage xuoi
FEED AND FILTER TANK - ONE
Great lakes Engineering Works - River Rouge, Michigan
Size of Tank - 40-1/2" x 81-3/4" x 54" high Clean Water Storage Capacity - 355 gallons Filter Medium - Loofah Sponges or Cellulose Sponges Number of Filter Passes - Two Sponges Required - Loofah--210; Cellulose--264
GREASE EXTRACTOR - ONE TWIN
Blackburn Smith Mfg. Co., Inc. - Hoboken, N. J.
Twin - Cartridge Type - .4" Size, Welded Steel
325# Maximum Operating Pressure
Capacity Each Unit of Twin - 60,000# hr.
Serial No.
and No. 4^ ^-* -
FEED WATER HEATER - ONE
Ross Heater & Mfg. Co. - Buffalo, N. Y.
Vertical, Tubular, Floating Head Type
5/8 O.D. #16 BWG Admiralty Tubes
8 * -ps-" Between Tube Plates
Heating Surface - 164 sq. ft.
Capacity - 60,00Q# Water per hr. - 125 F. to 220 F.
8# Steam Pressure
Serial No. SS:o33 AS"
MAS? SANITARY PUMP - CHIB
Auroras Pump Company - Aurora, Illinois
.
Motor Driven, Turbine Type Pump - Model H.H.5 Size - 2" Suction and 1-1/2 w Discharge - 1750 RPM Capacity - 55 OPM -- 65# Maximum Discharge Pressure Complete with 180 gallon expansion tank and automatic
pressure start and stop Serial Ho. 56/7/7 BF
SANITARY PUMP MOTOR - ORE
Crocker-Wheeler Electric Mfg. Co* - Ampere, N. J.
5 H.P., Cont. Duty, 1750 RPM, HORizontal, Ball Bearing,
Shunt Wound Motor - 115 Volt D.C. - Input 23 Amps* - 40 C
Serial Ho. *7/6 v6> 7
50 A
CONDENSATE RETURN PUMP - OHE (Pall Heating System)
Aurora Pump Company - Aurora, Illinois
Motor Driven, Turbine Type Pump - Model 15F4-1/2 1750 RPM - Capacity *5 GPM - 4# Discharge Complete with 15 gallon receiver and float control Serial Ho. F4-g 3 ss`go &
COKDEKSATE RETURN PUMP MOTOR - OHE
Century Electric Company - St* Louis, Mo*
1/2 H*P. 1750 RPM, 115 Volt D.C., Frame 81, Form A ` Serial No. 3 WS3 6>LC>
AUXILIARY COHDEHSER - OHE
. Elliott Company - Jeanette, Ps.
Surface Type - Horizontal - 500 sq. ft. Surface - Two Pass
. Si-O* Tube Length - 3A" O.D. Thbes
Serial No. nfol
.
MMisaMnflMHW
AUXILIARY CIRCULATING PUM? - ORE (For Auxiliary Condenser)
Puuro
Union Steam Pump Company - Battle Creek, Michigan
Slfctt
Company,.
6100 North Puiaeld 8<L
Chicago, lit <0646 Phonos 312-267-7800
WHEN ORDERING REFER TO OUR
QUOTATION NUMBER
L1739
SuMdtaiy at Canltr Corporation
TO: united States Steel Corporation
2Q8 South. LaSalle Street Chicago, Illinois 6Q69Q
S.O.S/N
--------8601A and 8601
PAGE
OF
THIS QUOTATION IS SUBMITTED ON BEHALF OF
ELUOTT :
-.COMPANY,: *
AND IS SUBJECT TO TERMS AND CONDITIONS
AS SET FORTH ON ATTACHED FORM 210-ES
ATTN: Hr. G. L. Hurray
ITEM
_1
QTY. DESCRIPTION
1 Diffuser
.2 1 Nozzle plate
3 4 Nozzle washer
4 6 . Gasket
5 6 Gasket
'
INST. BOOK PART NO.
3
4
YOUR INQUIRY G_ reat l_ak. es Flee,tDATE
630-38377
CATALOG NUMBER
ATPROX WKS.OCL
1
UNIT PRICE
total
47267-1
12
11I $ 1564 j
42627-45
12
111
266;
6 7 8
14636-146B G59863SP G51-Q30SP.
12 $ 47 00 .* 188 j
12
28
1
0\0^i
\\
168!
12 /'j'18 !0<\ Vl T \l681
6 '4 76
81
Nozzle
.
5
Gasket
9.
Above for first stage S/N 8 SOlA
Diffuser
"z
-->
51364--146B 12
l j QQ
|i
] OQ 111 1
uA*ii08 j
168| 111
1564;
91 10 4
NOzzle plate Nozzle rV\\
fr\\ V0)
U
\^6^7-A-45 51224--146B
12 12
! 277 | OQ
i
266;
1108 j 1
11 4 `_12 6
13 6 14 6 15 e
Wf\ ^
Gasket-* Gasket '
15 16 17 18 19
14647--146B G59863SP G51-Q3QSP
*
12 ' 12
12 12. 12
47 ; qo i
28 I QO ii
28 i oo 1t
28 ! 0Q ti
28 ! oo
1881 1
168 j1
168; 1
168! 1
168!
Above -for second , stage S/N 86Q1
"^1
1 11111 t1
1tt 1I1
11
Payment Taunt. Me attached Foim 210-ES .
'
Lattara ot Credit- ara to be made out payable to:
Shipping Tecme. are F.OJL ex-woifca wUh normal Wand auttoce height prepaid Is Bit dwUratton to coninentai IMM SIMM.
OuoMPrteM. are aubjeet to change wtmout nodeeaAar Mnp PO) day*.
ELUOTT I .. . COMPANY, J
DEPARTMENT L2S1P, PITTSBURGH, PA. 15264
towlee Frtoaa . wB be tonae to aged to tone o< aNpmenL
*
Minimum tMtona - mere ie a minimum biting chug* at FXly ddtara (SSOjOO) per eider.
Special Preparation end Pacfcaging - iwB be an ettra.chaipe.
.
Partial Shipments . Seer resenee me right ta make partial aNpmenti unleea ethanaiaa
spedfled on the Buyer's pwchaie order.
SIGNATURE
einhilper Parts sQ@e)ll4=d.
TITLE
CUSTOMER COPY
ELLIOTT COMPANY 5301 OAKMAN BLVD. DEARBORN, MICHIGAN. 4S126
ntvtou* mmicai o aoomonac uoo&
L
OiMINO
if ^
630-65E-08261
'
"woSSTjoTmT
rfiMi
United States Steef Corporation
Purchasing Division
COMMODITY COOC AMO MSCIYTION
FOR DEAERAETOR TANK
Manhole Gaskets for Deaeraetor Heater Tank For 59 sq. ft. Vent Condenser No: 16835 Deaerating Heater XX A112
MASTER RECORD COPY gi?MT JV
6-Gaskets
aowse price in dupucai
fiETORE EiLURu.
BEG SIVED
DATE: '47.-.7C,.
5 \(s^* - U-0 (Sigpature) GREAT jlke fleet
J
FOR STORES USE ONLY: IF USED AS A RELEASE. DESTROY COPY I AND CHECK RELEASE SELECTOR BLOCK.
IF USED AS A REQUISITION, RETAIN COPIES 6. 7. 8 ANO CHECK REQUISITION BLOCK ON THESE COPIES.
SEND REMAINDER OF FORMSET (COPIES I THRU 5) TO PURCHASING.
J v*o- SUTNRIT. ETD.WSTARTOESBINSTSEOENL. CEONRGPROSR, ADTEIOFTN.
tnoom SIAM*
O*OCa Mam
as r * *. *
j. JVi
i
*
VIA
GREAT LAKES FLEET ROGERS CITY, MICHGAN. 49779.
.State Tax Applies
Exempt
-.3$ "'v
*
WTOS-il
J, CARLISLE DEHAY, JR. (1922 - 1991)
GARY D. ELLISTON DAVID W, CROWE MEL D. BAILEY CHRISTOPHER P. MANNING PAUL E. HAMILTON KATHRYN HERMES W. SCOTT BERRY LAURA E. KUGLER TODD J. SUDDLESON ME LINDA S. HUFF BRENT M. KARREN THOMAS W. BURCH, III
WRITER'S DIRECT DIAL (214) 210-2417
ffrtTfnih<M*<wr Mil
=DeHay & Elliston, L.L.P
ATTORNEYS AND COUNSELORS - 3500 BANK OF AMERICA PLAZA =_ 901 MAIN STREET ---- DALLAS, TEXAS 75202-3736 ^ (214) 210-2400 ............... " FACSIMILE (214) 210-2
JOHN W. ARNOLD HEATHER A. BERNER
CHARLENE R. ECHOLS JASON W.FATHEREE
MARCO D. FLORES WILLIAM A. FYNES S. SHAYNE GARDNER
JAMES B. GREER TROY D. HELLING STEVEN K. HOLCOMB TANDY V. JOURET EDWARD A. KALABUS, JR. MELISSA M. LEON JEFFREY M. MAROSZ MISTI D. MOSTELLER
TODD D. OGDEN ROBERT B. PADGETT
BLAIR M. PARTLOW TODD H. RAMSEY JUSTIN H. ROY TINA M. STAMPS
JACK A. WALTERS, III BRIAN R. WESLEY
BERNARD E. ZWILLENBERG
April 4, 2001
Via Hand Delivery Ben K. Dubose, Esq. Baron & Budd, P.C. 3102 Oak Lawn Ave. Suite 1100 Dallas, Texas 75202
__ . ^
? T--
Re: Cause No. CC-99-08033-B; Malcolm Murphy, et al. v. Owens Coming, et al.
Dear Ben:
""
With regard to the above-referenced matter, and specifically the involvement of defendant
Elliott Turbomachinery therein, enclosed please find transcripts of the depositions of Ross Hackel
taken in the Geyer and Luna cases. This should complete your request as to Elliott's responses to
Interrogatory No. 39.
IT
Thank you very much for your attention to the foregoing. Please contact me with any questions or comments.
Sincerely,
JWA end.
/John W. Arnold
H:\BENDUB3.JWA