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- OOHAkO P. M. UHOO" IMMCU Oieaoc o. loiiNtD fr ' law orricca Sweeney, Sheehan & spencer a orciiiomai. corporation 19TM FLOOR THRCC PCNN CCNTCR PLAZA PHtUOCLPHIA. PENNSYLVANIA 19103 . December 14, 1982 WAkUt . 9IOIM o. 4%. t**o**i L 0wtv* l Purr vwet**r a. jk. nt..* i.o**o****o.u. McKinley Wise & Associates Court Reporters 1211 Chestnut Street Philadelphia, Pennsylvania Re: FMSI Documents Dear Mac: As you know, I reviewed the exhibits to the FMSI deposition on Tuesday, December 7, 1982. After a review of those, documents, I have determined that I would like the following exhibits : . One copy of FMSI history. ' Exhibits A2 -1 5. . Exhibits Bl-3. ; Exhibits C2, C12. Exhibits D4, 6 7 - 9. Exhibits E2, 4 8. ' 'Exhibits F2, 7 9, 12-13, 15-17, 19-20. I, 28?^) ^Exhibits Gl-2, 4-8, 13-15, 18, .'Exhibit H2. Exhibits 12, 7 ^Exhibit L. *' Exhibit K. / '' Exhibit T. ^Exhibits Ul-2, 6. 12, 15. SCF-ALLF-08800 .i SC-ALL-22840 MAR 000001 McKinley Wise & Associates 2 December 14, 1982 / I/ ` Exhibits VI, 3-4. 6, 13. ''Exhibits Yl. 6-8, 10-11, 15-16, 20, 22(pages 59-104), 23. 26-27, 33. i/Exhibits Z8. /^Exhibits AA21, 36-37, 1 would also appreciate a copy of the deposition transcripc taken of the Friction Material Standards Institute. I realize that this will entail some effort, so please feel free to cake a reasonable amount of time in order to produce these documents. I would appreciate their production within the next three or four weeks, if that is possible. Of course, please bill me for any coses involved. Very truly yours, SWEENEY, SHEEHAN & SPENGER WSJ:fk MAR 000002 . IN THE COURT OF COMMON PLEAS . FOR PHILADELPHIA COUNTY ROBERT A. HUGHES, SR., Plaintiff vs. JOHNS-MANVILLE CORPORATION, ET AL, Defendants : : : OCTOBER TERM, 1981 CIVIL TRIAL DIVISION JURY TRIAL DEMANDED NO. 4530(811) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JANET M. RICE, Administratrix : of the Estate of PAUL S. RICE, Deceased ' Plaintiff : CIVIL ACTION vs. : JURY TRIAL DEMANDED JOHNS-MANVILLE CORPORATION, et al, Defendants : : NO. 80-0662 NANCY w. REES, Executrix of the Estate of KERMIT M. REES and NANCY W. REES, in her own right, Plaintiffs : : vs. : JOHNS-MANVILLE CORPORATION, et al, Defendants : : CIVIL ACTION JURY TRIAL DEMANDED >. ' NO. 80-4034 . ftff CA&UruU Sft-. SduiaSCt ^ui^uzSs^Xui, 2a, i9107 /'ffSJS6A -ttst 9 MAR 000003 PAOI la Pararaus, New Jersey August 23, 1982 Deposition of EDWARD DRISLANE, held at FRICTION MATERIALS STANDARDS INSTITUTE, E-210, Route 4, at 10:00 a.a., on the above date, before McKinley Wise, a Registered Professional Reporter, Notary Public and Approved Reporter for the United States District Court. MAR 000004 2 PAGf ____ APPEARANCES: - BLANK, ROME, COMISKY & McCAULEY By: JONI J. BERNER, ESQ. 1100 Four Penn Center Plaza Philadelphia, Pennsylvania 19103*2599 Attorneys for Plaintiff DDRAND, GORMAN, HEHER, IMBRXACO t LYNES By: ROBERT P. GORMAN, ESQ. 105 College Road East Princeton, New Jersey 08540 Attorneys for Edward Drislane and Friction Materials Standards Institute CURRAN, MYLOTTE, DAVID & FITZPATRICX By: RICHARD J. AHERNE, ESQ. 1718 Locust Street Philadelphia, Pennsylvania 19103 Attorneys for Pittsburgh Corning . LAMB, CHAPPELL, HARTUNG, BALLIPOLI 6 COUGHLIN By: HAROLD G. POPE, ESQ. 70 Sip Avenue, Journal Square Jersey City, New Jersey 07306 . Attorneys for Celotex . NILON, PAUL & MARDINLY By: ESWARD R. PAUL, ESQ. 320 West Front Street Media, Pennsylvania 19036 Attorney for Lear Siegler, Inc. RONALD H. SHEER, ESQ. 601 Dekalb Street Norristown, Pennsylvania Attorneys for Westinghouse SCHWARTZ & ANDOLINO By: MARK A. INFANTE, ESQ. 354 Eisenhower Parkway Livingston, New Jersey 07039 Attorneys for Eagle-Picher WHITE AND WILLIAMS By: PETER SAMSON, ESQ. 1234 Market Street Philadelphia, Pennsylvania 19107 Attorneys for Southern Textile Corp. S.K. Porter Co., Inc. and . // *w' ' "> / -- . ' - MAR 000005 **oe__3 :n the court of common pleas FOR PHILADELPHIA COUNTY ROBERT A. HUGHES, SR., Plaintiff vs. JOHNS-MANVILLE CORP., et al Defendants OCTOBER TERM, 1981 NO. 4530(811) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JANET M. RICE, Admrx. : CIVIL ACTION vs. JOHNS-MANVILLE CORP., et al Defendants : NO. 80-0662 And related case No. 80-4034 I 11 1 EXH I BITS FMSI-1 Pamphlet about History of FMSI FSMI-2 to FSMI-15 Group of documents FSMI-1A to Group of folders FSMI-12 and AA PAGE 9 18 29 MAR 000006 * O_ rx. s,1ane P*Gt 4 ' ' l MR. AHERNE: Richard Xherne, for . 2 Pittsburgh Corning. 3 On July 29, 1982 UNR Industries 4 Corporation filed a petition in the United 5 States Bankruptcy Court for the Northern . 6 District of Illinois, Eastern Division seeking 7 reorganizat ion treatment pursuant to Chapter XI 8 of the Bankruptcy Code. As a result of this 9 filing, Pittsburgh Corning Corporation takes the j 1 0 position that all litigation in which UNR or ' 11 UNARCO was a party at that time or the filing is 1 2 automatically stayed. That would include this 13 case . 14 On behalf of Pittsburgh Corning 15 Corporation, we respectfully request this 1 6 discovery be postponed and that stay be 17 respected. 18 If this request is denied, we shall 19 remain and participate; however, it will be the 20 position of Pittsburgh Corning Cprporation that 21 first, this discovery will be taken in violation 22 of the automatic stay under title 11 U.S.C. 23 Section 362 and therefore, will be without 24 effect; and second, our participation herein // V' ' ", . - " MAR 000007 . , Drislane no * ' . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 ' 22 23 24 shall not in any way be deemed a waiver of our position as previously stated. MS. BERNERi I think it's appropriate that I respond to the statement. especially to the extent that the request for postponing this discovery is directed to me. First, that request is respectfully denied and we intend to proceed. We have made our position quite clear in other depositions taken last week in which the identical statement was read on behalf of Pittsburgh Corning. We do not believe that any automatic stay connected with UNARCO ' s bankruptcy has any effect on litigation with other co-defendants and on that basis we're proceeding. EDWARD W. DRISLANE, having been first duly sworn, was examined and testified as follows : EXAMINATION BY MS. BERNER: Q. Mr. Drislane, what is your position with the Friction Materials Standards Institute? A. Secretary. 0- Do you hold any other position with the . .- ' MAR 000008 Drlslane iCf 6 ' 1 Institute? 2 A. Executive Director. 3 Q. Row long have you been associated with the 4 institute? 5 A. October 1970 I started. . 6 0. Is it a full-time position? 7 A. Yes. a 0. What was your employment immediately 9 before your position with FMSI? 1 0 A. Haskins & Sells, a certified public n accountant. 1 2 0. We're in an office on Route 4 in Paramus. 1 3 New Jersey. 1 4 Is that the only office of FMSI? 1 5 A. Yes. 16 Q. How long has it been at this address? 17 A. January 1, 1972. 1 a Q. As Secretary or Executive Director of the " 19 Institute, do you have particular responsibility 20 for organizing and maintaining files and other 21 documents? 22 A. Yes. 23 Q. What is that responsibility? 24 A. Repeat your full question before that then. MAR 000009 _Drls,1 an e 7 '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 > 19 20 21 22 23 24 It is maintaining files. 0. You have chief responsibility for maintaining the files of the Institute? A. Yes . 0. Where are those files physically located? A. At this office. 0. Are all FMSI files in this office? A . Yes . o. How long has FMSI been in existence? A. Since about 1948. 0 . Did it exist in any other form, by any other name before that date? A. Yes . Q What was it's prior existence? A . I don't understand the question. Q. . In what form did it exist before 1948: did it have a different name? A. Yes. Q. What was its name then? A. Brake Lining Manufacturers Association. o. And how long had that organization existed? A. I don't know. 0. As far as you know, is the Brake Lining Hanuf acturers Association the only predecessor ,, . ... - MAR 000010 Oris1ane 8I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ' 20 21 22 23 24 to FMSI7 A. Ho. o. What are the others? A. I don't know. o. Mr. Orislane, when we were waiting for this deposition to begin I couldn't help but notice a brochure in the front office, perhaps entitled history of Friction Materials Standards Institute or at least indicating the history of this organization. Are you familiar with the pamphlet? A. Yes . 0- . Is that pamphlet among the documents that you are producing today in response to a s ubpoena ? A . Yes . 0. To the best of your knowledge, does that pamphlet depict a true and accurate history of this organization? A. Yes . Q. So that the questions I have just asked you and that you are not aware of, I should be be able to find the answer in that pamphlet? A. I think so. 1 ' i // V' * ">/ * mar 000011 .' Drls1ane ? ... 1 1 2 3 4 5 6 7 8 9 10 11 12 ' 13 14 15 16 17 18 19 20 21 22 23 24 0- Where is that pamphlet. MS. BERNER: let's have that marked as the first exhibit. We'll do the others quickly. A. Here it is. MS. BERNER: I would just like one copy for the Court Reporter to mark. We're going to mark all the exhibits generated by today's deposition.as FMSI Exhibit 1 and forward. * So this one will be FMSI Exhibit 1. 1 j I1 j (Exhibit FMSI-1 marked for identification.) Q. Mr'. Drislane. are you familiar with the Notice of Deposition I caused to be served on you within the last several weeks? A. I don't understand the question. I received a subpoena. 0. All right. " That subpoena listed certain items. certain documents that Z wanted to inspect, is that correct? A. Yes. 0. The first category of items I am reading fror. the Notice of Deposition is membership list //'<>> ?/ - * - ' .* MAR .000012 Drislane 1O 1 1 1 of the Friction Materials Standards Institute 2 from the inception of the Institute to the 3 present. 4 Have you produced those membership 5 lists today? 6 MR.GORMAN: We have produced another 7 group of documents called for, namely, minutes 8 and papers of and Asbestos Study Committee which 9 the group has been looking at. There are other 10 documents over on the window shelf to be 11 produced and we can produce each of those and i 1 2 have them marked on the basis of the files now. 13 MS. BERNER: That's what I 1 4 understand we were doing, Mr. Gorman, and in 1 5 light of the subpoena, I would like Mr. Drislane, 16 if he has those available today, I would like to 1 7 know which folder or file contains the 18 membership list of the entire Institute from its 1 9 begirming to the present. Once that is. 20 identified, we'll move on. 21 Or we can. as we said before, take 2 2 the time now to mark each of those membership . 23 lists. 24 MR. GORMAN: They are within MAR 000013 ,, , Dr 19 lane >A<*I 1 1 1 another group which he can tell you of. They 1 ; 2 are not pulled by themselves but they are part 3 of another group which is also called for here. . 4 THE WITNESSt They don't exist by . 5 themselves the way you ashed for it. 6 MS. BERNERs All right. 7 0. How about the second category, membership 8 list of the Asbestos Study Committee of the 9 Institute from the beginning of that committee 10 to the present. 1 1 Is there a separate file containing ` 12 those membership lists? 1 3 A. In the Asbestos Study Committee minutes 1 4 there is a list of the roster of people on the 15 committee at the time- That provides the 16 information you are ashing for in that area. 17 That's in the Asbestos Study Committee minutes. ' 18 That's the only place they exist. 1 9 Q. Than"h you. 20 Where will I find the membership 21 list of the entire Institute? 22 A. In the minutes of the membership meetings 23 which are available to you. 24 Q. That is the third category on the subpoena. /V' / "// * . * .* MAR 000014 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 . 17 18 19 20 21 22 23 24 Drislane -- 12 1 . that category I am reading from is the subpoena: 1 i ; Minutes of all meetings of the Institute's Board of Directors, general membership, Asbestos Study Committee or any other committee or subdivision of the Institute in which the use of asbestos in brakes and or friction materials was discussed. Have you made available today minutes of the Board of Directors of the Institute? . A. Yes. 0. Which files are those? MR. GORMAN: Can I go off the record. .. (Discussion held off the record.) A. They're identified as Board of Directors Minutes. THE WITNESS: To answer your question, there is a Board of Directors Minutes that is in one book from 1970 on to the present and back further there are blue files up there called Board of Directors and in there you would find everything related to the Board of Directors from 1969 which abuts the other one // ' * 9 MAR 000015 Drislane 1 back to the formation of the corporation. 2 MR. GORMAHi Would you like to -- 3 A. They are the minutes from 1970 on. 4 Everything earlier is in pandaflex folders. 5 0. The blue pandaflex folders? 6 A. Those particular blue pandaflex folders. 7 these ones here. 8 9 here . . I don't know whether the red are 10 Let me just check. 11 I think it is just these blue ones. 1 2 Q. Mr. Drislane, is there any identifing 13 label on those blue folders? 14 A. Yes, Board of Directors, 1966-1969. 1 5 Q. That's for one folder. Would you read the 16 other three or four folders? 17 A. Board of Directors, 1965. 18 Board of Directors, 1956-'S9. 19 Board f Directors 1950-55. 20 Board of Directors 1949. 21 0> In addition, you have handed me a black 22 binder and on the binder is a green label that 23 says "Board of Directors"? 24 A. Those are the minutes in the file since I //. 2/' . 'j- --/----- /. <f.. i ' mar . 000016 Dnslane *AG* 11 4 I .! 1 came with -he Institute which are organized a : 2 little bit better than the earlier ones. 3 Q. Hr. Drislane, to the best of your 4 knowledge are the minutes contained in each of 5 the blue folders you have just described and the i 6 black binders true and correct copies of minute : 7 of meeting held by the board of this Institute? 8 A. Yes. 9 Q. Do you have any reason to believe that the 10 minutes as they appear in those folders or in 11 the black binder have been altered in any way or 12 materially changed? 1 3 A. Ho. 14 Q. In your opinion, therefore, they are the 15 official record of those Board meetings, is that 1 6 correct? 1 7 A. Yes. 18 Q. Mr. Drislane, the third category of the 19 Notice of Deposition a 1 s.o refers to minutes of 20 meeting of the general membership? 21 A. Yes. 22 0. Are there minutes of the general 23 membership in this room? 24 A. Yes. //. 2/'... cr ~/ f.. MAR 000017 n. , Dris1 ana PAO*1S ! . 1 0. Would you again identify them in the same 2 manner? 3 A. This book here, black book without a label 4 is the committee's minutes from about 1970 up to 5 the present. It's the membership. 6 And around six files here that 7 might possibly be an overlap which start in 1948 8 and go up through 1973. So that would overlap 9 of what you have there because that started in 10 1970. So there is six folders: 11 Annual Minutes 1948-'49. 12 Annual Minutes 1950-'S5; Annual 13 Minutes, 19S6-'59, Annual Minutes 1960-'65: 14 Annual Minutes 1966-'69, and the one which may 1 5 be an overlap. Annual Minutes 1970-'73. 16 0. Again, Mr. Drislane, to the best of your 1 7 information are the minutes contained in those 18 folders and in the binders a true and correct 1 9 copy of the minutes of the general membership of 20 FMS2 ? 21 A. Yes. 22 Q. Again, do you have any reason to believe 23 that they have been altered in any fashion? 24 ' A. No. . // v' "?/ * MAR 000018 Drislane PAor A 1 . 1 Q. So these are the official records of the 2 general membership of the Institute, is that 3 correct 7 4 A. Yes. S 0. Category three of the subpoena also refers 6 to minutes of meetings of the Asbestos Study 7 Committee. !i1 8 Am I correct in understanding that ! 9 those minutes have already been isolated and ' 1 0 shown to me earlier this morning? 11 A. That's correct. 1 2 Q. Would you just look through these, please. 1 3 Mr. Drislane, the minutes that you 14 are looking at right now are for the following IS dates and each one indicates that it is a minute 16 of meetings of the Asbestos Study Committee or 1 7 of that same committee under its new name. 1 8 Would you remind me please what its new name is? 19 A. The Health and environmental Affairs 20 Committee. 21 0. Now the dates of those minute arei 22 September 15, 1971; February 10, 2 3 1972; August 17, 1972: February 16, 1973; June 1, 24 1973; June 14, 1974; April 28, 1975; October 24, s/(c*yCs\2u/ ty'tu MAR 000019 Dnslane . ; 1 1975; March 28, 1977; January 19, 1978; August 3, 2 1978; October 25, 1979; January 14, 1981 and 3 April 28, 1982. . 4 Mr. Drislane, you look puzzled at 5 the sane point as I did. There are no minute 6 for 1980. 7 As far as you know, were any 8 meetings held of the Asbestos Study Committee in 9 1980? 1 0 A. I hesitated for a different reason than 11 what you did. Because we always start the 1 2 meeting with a minute of the previous meeting 13 and that particular meeting they didn't do* I 14 was going by the previous meeting to make sure 1 15 didn't miss something. 16 0. Do you know if the Asbestos Study 17 Committee met in 1980? 18 A. Z am looking. 19 Would you give me a few minutes? 20 0. Oh, certainly. 21 A. You people shuffle these things around. 22 0. That is the complete package in the order 23 that you handed them to me about an hour ago. 24 A. Just give me a minute, please. //. vT_ /. . df ___ /. MAR .000020 Drislane o ! ,1 Thera are no 1980 minutes. There 2 were no minutes, 3 0* To the best of your knowledge, are the 4 minutes, the dates for which I have just read 5 the complete set of minutes of the Asbestos 6 Study Committee? 7 A. Yes. 8 0* Do you have any reason to believe that the i 8 contents of any of those minutes have been 10 changed in any fashion? 11 A. No. 1 2 Q> Therefore, is it safe to assume that they 13 are accurate reflections of the meetings of that 14 committee? 15 A. Yes. 16 Q. 1 do want each of the minutes marked. 17 They can be marked FMSI exhibits 2 18 through 15. 19 (Exhibit FSMI-2 through 15 marked 20 for identification.)' 21 Q. Mr. Drislane, the fourth category on the 22 subpoena asks for reports, bulletins and/or any 23 other communication about the health hazards 24 associated with asbestos exposure which were * MAR 000021 n. . Drislane 1 _ 1 prepared by and/or distributed by the Institute 2 or any of its subdivisions to all or part of the 3 general Institute and/or to the public? 4 Rave you brought any documents or 5 segregated any documents for our review under 6 that category? 7 A. Yes* .. 8 Q. And where are those documents? 9 A. There were three miscellaneous folders 10 which may relate to what you asked for. I 11 really don't know what you are asking for. 12 This is called Asbestos Articles, 13 this folder here. 14 Q. Where did you get that particular folder 15 called Asbestos Articles? 16 A. I bought the folder from a stationary 17 store. I stuffed it with things that came in 18 here. They seemed to relate to some of the 19 questions on asbestos during the years. * 20 0. Is this a folder that you have kept in 21 your capacity as Secretary or Executive Director 22 of the Institute? . 23 A. Yes. 24 Q. Was such a folder maintained before your // v' / "* -/ ** <> ^ MAR 000022 Drislane | . 1 arrival at the Institute? ! ! ! 2 A. No. 3 Q. When you cane to the Institute in 1970, I 4 believe you said, do you know if there were 5 files or a file on asbestos health hazards? 6 A. Yes. I know. 7 0. You know that there was such a file? 8 A. I know there wasn't. ,, 9 Q. How do you know that? 10 A. Because simply I went over files when I 11 came on board and there wasn't any. 1 2 ' Q. The file that you have shown me marked 1 3 Asbestos Articles then is a folder that you have 14 generated since 1970? . ' 1 5 A. Correct. 16 0- Glancing through this, Mr. Drislane. it 17 appears to be memorandum reprints of magazine 18 articles or other sorts of articles from other 19 Institutes not written by or produced under the 20 auspecies of your Institute, is that correct? 21 A. That's correct. 2 2 0* The second of these folders is another 23 manilla folder marked asbestos papers. What is 24 this folder? S' . .Jnr. MAR 000023 Drislane p*.o . . 1 2 3 .. 4 5 6 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 A. Papers that have been published concerning asbestos and health that 1 have picked up through the years. Q. Again, these articles appear to be documents that were generated outside o the Friction Materials Standards Institute, is that correct? A. That's correct. ," 0. And the third folder is entitled Asbestos Exposure Levels, Brake Shops. Again, this appears to be a series of articles, papers, magazine articles and , similar documents generated by entities other than FMSI, is that correct? A. Yes. Q. You answered earlier that the first of these files, the one marked Asbestos Articles is one that you have maintained since 1970 when you became associated with FMSI. Is that true of all three folders? A Yo s 0< Again, none of the three folders existed prior to your becoming involved with the Institute in 1970, is that correct? tf.. I/,*/.,, ?/: , c/ -/ mar. 000024 Dris1 ant 22 PAOt 1 A. That's correct. 2 0. Rave you made any or all of the articles 3 in any of those three files available to the 4 members of FMSI or members of any subcommittee? 5 A. Could you state that question again, 6 please? 7 MS. BERNER: Why don't you read it 8 back, Mac. ' 9 (Pending question was read) 10 MR. GORMAN: What do you mean by 11 available: sent them to them or told them about 12 them or kept them in the office so as somebody 13 came by here they could see them or what? 14 MS. BERNER: Any of those things. 15 THE WITNESS: Yes. 16 Q. Which of those things? 1 7 A. I don 11 know. 18 Q. Have you sent some of these articles to 1 9 members of the Institute? 20 A. Yes. . 21 Q. Rave you told the members about any of the 22 articles without sending copies? 23 A. I don ' t recall . 24 . I don't believe so. MAR 000025 Drislane PAat ' 1 Q. Rave you made them available to members 2 who may come into the Institute to review 3 information about asbestos? 4 A. In direct answer to your question, no* j 5 Nobody has come in,, though. 6 0. So of those three ways of designating this 7 information it is most lifcely that if any of the 8 members have received these articles , it has 9 been because you have mailed copies, is that 10 correct ? 11 A. Yes. 1 2 Q. Do you know if that desimination was 13 limited to the members of the Asbestos Study 14 Committee as opposed to the members at large? 15 A . I don ' t know. 16 0. If you had disseminated any of this 17 information to the members, whether the members 1 8 at large or the members of the Asbestos Study 19 Committee, would there be documentation of that 20 in the folders that you have provided today? 21 A. Yes. 22 0- Mr. Drislane, how many employees does the 23 Institute have? 24 A. That's a sweet heart. ?/:., v ------- C- MAR 000026 Drislane PAOt 1 Right now, one. 2 0< 1 consider thatmust be you? 3 A. Yes, right. There is a gentlemen who is 4 out front helping me for a few days. X am 5 trying to get help. Right now there is two of 6 us, he and myself. 7 Q. Generally, how many employees does the 8 Institute have? 9 A. Two. 10 Q. You and a clerical receptionist type 11 person? 1 2 A. Yes . 13 0. Mr. Drislane, the first and last category 14 on the subpoena asks you to provide reports, .1 5 bulletins and/or other communication about the 16 health hazards associated with asbestos exposure 17 which were received by the Institute from any of 18 its members, any government agency, any trade 19 Association and/or any other person or entity. 20 Do you have separate files to be 21 produced today with that file? 22 A. No. 23 0. Is thatincluded in the three files we 24 have just discussed? MAR 000027 Drislane paoc .i 3 1 have just discussed? 2 A. That's included in one of those three 3 files. 4 0. Which one would that be? 5 A. Asbestos Study Committee file. 6 Wait a second. 7 Maybe you don't have that. e Q. That's true. The three files that you 9 showed me Asbestos Articles. Asbestos Papers, 10 and Exposure Levels. n MR. SAMSON: Off the record. 12 (Discussion is held off the 13 record. ) 14 MS. BERNER: So again anything that 15 you have -- 1 6 MR. GORMAN: I think that should be 17 on the record. 18 BY MS. BERNER: 19 0. Anything that complies with the first 20 category that I have just read, the first21 category of the subpoena would be located in the 22 one of several blue folders marked Asbestos 23 Study Committee, is that correct? 24 A. Yes, including the fact that the latest 4 MAR 000028 1. Drislane j - 1 folder is red but I am not sure. 2 Q. While we're on that point# we haven't 3 discussed these folders yet. . 4 Before this deposition began# we , 5 started reviewing certain documents that are in 6 expandable folders, each is marked Asbestos 7 Study Committee with dates after that name. 8 What are those documents? 9 A. They generally include what you just asked 10 about, in other words, general correspondence 11 that came in, went out, and stuff like that 12 involving asbestos. 13 Q. Involving asbestos or involving Asbestos 14 Study Committee. 1 S I am talking about those particular 16 folders now marked Asbestos Study Committee? 17 A. Well, yes that could have been any kind of 16 bulletin to the membership alerting them to some 19 particular problem or things like. 20 0. Bulletins from you? 21 A. Bulletins from the office out to them, yes. 22 stuff like that. 23 I believe the information you were 24 just asking for. MAR 000029  . Drislane J 1 Q. xo the beet of your knowledge, are the 2 contents of the Asbestos Study Committee folders 3 true and correct copies of all correspondence 4 . sent to or received from the members of that S Committee? 6 A. Yes. 7 0. Again, do you have any reason to believe 8 that the contents of any of those folders have 9 been altered in any way? 10 A. No. 11 Q. So that as we look through those today and 12 the marked copies, we can be assured that those 13 are the official records of the Asbestos Study 14 Committee as kept by you, is that correct? 1 5 A. Yes, but they are correspondence to them 16 not the records of the Committee. They include 17 other things. 18 The answer to your question, yes. 19 Q. Other than the folders we have discussed 20 today, are there other records of the Asbestos 21 Study Committee? 22 A. No. 23 0. You have produced, then, today, for our 24 inspection, every piece of paper that has to do 1 /4?/<., c.* ------ MAR 000030 D_ r.isl,ane PAat16 , 1 with the Asbestos Study Committee? 2 A* I believe so. 3 Q. Who has access to all o the records or i Ii 4 any of the records that we have been discussing ; ! 5 this morning, other than yourself. Hr. Drislane? ! A. No one. .1 6 .i 7 Q. You are the only person? - j a A. Yes. -' !i i 9 MR. GORMAN: Outside of a session ' 10 such as this? n MS. BERNER: Well, of course. 12 Off the record for a minute. 13 (Discussion held off the record.) 14 MS. BERNER: Let's go bach and mark 1 S this folders, folders A so that all categories 16 of documents have a folder. 17 We have previously marked FMSI 18 Exhibit 1 through IS. 19 Exhibit 1 will stay the same. That 20 is a pamphlet about the history of FMSI. 21 Exhibits 2 through 15, however. 22 will now have a subcategory. 23 This will be A-2 through 16. 24 That is because we are marking the //r. V ?/ ****/+ $*+ + MAR 000031 Dri. sl,ane PAOf * ' ! 1 temporary folders in which those documents were 2 contained as Folder A. 3 We'll in turn go through each of the 4 folders Mr. Drislane has already discussed and 5 give them a letter designation. 6 So we'll do all that off the record 7 to make ultimate identification of these 8 documents easier. 9 (Folders were marked A through Z 10 and AA for identification.) 11 MS. BERNER: Every folder in every 12 binder now has a letter assigned to it. 13 The only letter FMSI which is the 14 pamphlet on the history on this organization. 15 Each folder has a letter. The 16 first folder letter A is the Asbestos Study 17 Committee minutes, 1971 to 1982. 18 This is the list I previously read 19 into the record. It is certain specific minutes. 20 MR. JOHNS: That was Exhibit 2 21 through 15 before. 22 MS. BERNER: Yes, it is now 23 Exhibit 1. 24 The next series of folders are all MAR 000032 O_ n. sl,ane *ao . 1 folders marked Asbestos Study Committee* 2' Folder B is 1971. 3 Folder C is 1971 through '72. 4 Folder 0 is 1973. 5 Folder E is 1974 through '75. 6 Folder F is 1975 through '76. 7 Folder G is 1977 through '79. e Folder R is 1980 through '81. 9 Folder X is undated but contains 10 1982 documents. 11 The next group of folders are all 12 those marked annual meeting. - 1 3 Folder J is 1948 through '49. 14 Folder K is 1950 through '55. 1 5 Folder L is 1956 through '59. 16 Folder M is 1960 through '65. 1 7 Folder N is 1966 through '69. 18 Folder 0 is 1970 through '73. ^ 1 9 The next group of folders are all 20 all marked Board of Directors. 21 Folder P is 1949. 22 Folder 0 is 1950 through '55. 23 Folder R is 1956 through '59. 24 Folder S is 1960 through '65. * MAR. 000033 Drislane .1 Folder T is 1966 through '69. 2 Folder U is undated. 3 Folder V is undated. 4 Folder W is a binder. 5 And X is a binder. 6 The last three folders are the 7 manila folders that Mr. Drislane described that 8 he keeps himself with various articles and 9 documents in them. 10 Folder Y is entitled Asbestos 11 Exposure Levels, Brake Shops. 12 Folder Z is entitled Asbestos 13. Papers . 14 Folder AA is entitled Asbestos 15 Articles . 18 All of the folders have been marked 17 on their covers . 18 The binders have been marked on 19 their cover sheet. The marking is FMSZ and then 20 the letter that I have read for identification. 21 And today's date, August 23, 1982. 22 MS. BERNER: Off the record. 23 (Discussion is held off the 24 record.) 0 MAR 000034 ,,Dr.is l,ane not ' * .1 MS. BERNER: In the folders and 2 binders that were marked a binder was marked 3 binder X erroneously categorized with the other 4 Board of Directors materials. 5 In reality binder X was annual . 6 minutes. I will not reletter it. 7 MR. GORMANi Of the general ,, 8 membership as opposed to the Board of Directors. 9 MS. BERNER: Did I misspeak? 10 Thank you for correcting me. 11 MS. BERNER: Mr. Drislane, I have 1 2 no more questions for you and I thank you for 13 your cooperation. MR. GORMAN: V 14 And there are no other questions from defense IS counsel, correct? 16 MR. AHERNE: Correct. 1 7 (Deposition concluded at 12:50 18 p . ra. ) 19 20 21 22 23 24 //r.y/tst/rt* nrt/r/*' . MAR 000035 - I Page ' Line I j I II i I II I I MAR 000036