Document ppq6Y9k22rqgOZR6nn7q9eEva

OTTCTED STATES DISTRICT COU FOR THE DISTRICT OF COLUMB X FLETCHER MDANIEL, ET AL. Plaintiff, vs Civil Action No. 83-3520 ARMSTRONG WORLD INDUSTRIES, INC., ET A. Defendants X NOTICE OF DEPOSITION WITH SUBPOENA PUCE TECUM PLEASE TAKE NOTICE that the plaintiff by and through the undersigned counsel of record will take the depositon of Alexander Norman Marshall, Mansfield, Thornhill, Dumfries-Shire, Scotland pursuant to Rule 30 of the Fed. R. Civ. P. in the offices of Ashcraft & Gerel, 2000 L Street, Washington, DC 20036, on September 30, 1985 at 10:00 a.m. or at such other time and place as is agreed to by counsel for the purposes of obtaining testimony in the captioned action. Pursuant to Rule 30(a) and Rule 45(a)(b), a subpoena duce tecum is attached hereto commanding the attendance of Alexander Norman Marshall and commanding him to produce at the deposition the books, papers, documents or other tangible things designated in Annex A which is attached to the subpoena and which is incorporated herein by reference. The notice of deposition and subpoena are being served upon Alexander Norman Marshall and upon counsel to Turner & Newall, PLC, pursuant to Rule 5(b) in that Turner & Newall is a -2party to this action and upon information, it is believed that Alexander Norman Marshall is an agent, servant or employee of Turner & Newall, PLC or Turner & Newall exercises sufficient dominion and control over Alexander Norman Marshall so as to justify requiring Turner & Newall to produce him for deposition. PLEASE BE FURTHER ADVISED that plaintiffs shall seek to conduct the depositon of Alexander Norman Marshall through video tape and stenographic means pursuant to stipulation or upon Court order pursuant to Rule 30(b)(4). The deposition shall continue from day to day, as is necessary. You are invited to attend. Dated: Respectfully submitted ASHCRAFT & GEREL Peter Enslem, Esq. 2000 L Street, N.W. Suite 700 Washington, DC 20036 (202) 783-6400 , ANNEX "A" DEFINITIONS The term "documents" means all correspondence, memoranda, notes, diaries, reports, files, desk calendars, telegrams, cables, lists, minutes, agenda, books, records, tabulations, charts, graphs, work papers, financial statements, financial and statistical information, .computer print-outs, x-rays and other photographic diagnostic reports, tissue samples, slides, specimens, analyses, surveys, press releases and all other writings of every kind and description, whether typed, printed, recorded by hand or recorded by any other means, including all computer or electronic memory systems, as well as drafts of such items, and all copies of such items which, by reason of notations thereon or otheriwse, are not'identical to the original, which are in deponent's possession, custody or control. The term "person" means individual, partnership, corporation, association, governmental agency, union, and any director, officer, employee, attorney, agent or other representative thereof, and any combination or group of any of the above. The term "J.W. Roberts, Ltd." includes. Turner & Newall, PLC as well as all its branch companies and subsidiaries including but not limited to TAC Construction Materials, Ltd., and Keasbey and Mattison Company. The term "Turner & Newall, PLC" refers to the defendant as well as all its branch companies and subsidiaries including but not limited to J. W. Roberts, Ltd., TAC Construction Materials, Ltd., and Keasbey and Mattison Company. The term "you" or "your" includes agents, servants, and employees including but not limted to any and all counsel retained by you or who otherwise represent you or your interests. INSTRUCTIONS If deponent claims that any document covered by this subpoena is subject to a conditional or absolute privilege or should not be produced for any other reason, deponent shall at or before the deposition, prepare and submit a list setting forth each such document (a) its date, (b) its description (letter, memorandum, etc.), (c) a description of the file in which the document was originally kept, (d) its author, (e) its distribution, including addresses and persons to whom copies were sent, (f) the subject matter or matters referred to in the document and (g) the ground or reason for non-production. If the document is one which was submitted to deponent, then in addition to items (a) - (g) above, set forth (h) the identity of the -3- person submitting sucb document, (i) the date of its submission, and (j) whether the person submitting such document designated it as confidential or with any other restrictive legend. DOCUMENTS TO BE PRODUCED A. Any and'all documents which constitute, refer, relate or pertain to the following: 1. Any and all .documents reviewed by you and/or utilized by you in preparation fbr any and all testimony given by you in the case of Dana Bond, et* al., v Atlas Asbestos Co., et al.. Civil Action No. 78-1345, United States District Court Eastern District of Missouri, Eastern Division. 2. Any and all notes made by you before, during and/or after testimony by you in the case of Dana Bond, et al., v. Atlas Asbestos Co,, et al., Civil Action No. 78-1345, United States District Court Eastern District of Missouri, Eastern Division. 3. Any and all documents in your possession or control which concern, directly or indirectly, (a) the health effects of asbestos and asbestos-containing products, and (b) asbestos dust emission and control. 4. Any and all documents in your possession or control concerning asbestos related claims of injury since 1920. 5. Any and all documents in your possession or control concerning asbestos related diseases among Turner & Newall, PLC's employees since 1920. 6. Any and all documents in your possession or control concerning asbestos related diseases among J.W. Roberts, Ltd. employees since 1920. Any and all documents in concerning: A. Dr. H. M. Bateman B. Dr. J. F. Knox C. Dr. H. C. Lewinsohn D. Dr. S. Holmes E. Dr. Mereweather P. Dr. Price G. Dr. E. J. King H. Mr. A. N. Marshall I. Mr. R. Spavold J. Mr. Dolbey K. Dr. Richard Doll .8 Any and all documents in concerning the funding, directly or indirectly by Turner & Newall, PLC of research concerning asbestos and its relationship to disease. -4- 9. Any and all documents in your possession or control concerning the funding, directly or indirectly by J.W. Roberts, Ltd. of research concerning asbestos and its relationship to disease. 10. Any and all doucments in your possession or control concerning communications between Turner & Newall, PLC and other manufacturers, miners, and distributors of asbestos and asbestos-containing products concerning the health effects of asbestos and asbestos-containing products. 11. Any and all doucments in your possession or control concerning communications between J.W. Roberts, Ltd. and other manufacturers, miners, and distributors of asbestos and asbestos-containing products concerning the health effects of asbestos and asbestos-containing products. 12. Any and all documents in your possession or control concerning Turner & Newall, PLC's notification of its employees of the hazard or potential hazard of asbestos exposure. 13. Any and all documents in your possession or control concerning J.W. Roberts, Ltd. notification of its employees of the hazard or potential hazard of asbestos exposure. 14. Any and all documents in your possession or control concerning the placement of precautionary health warnings by Turner & Newall on its asbestos and asbestos-containing products. 15. Any and all documents in your possession or control concerning the placement of precautionary health warnings by J.W. Roberts, Ltd. on its asbestos and asbestos-containing products. 16. Any and all documents in your possession or control concerning the packaging of Sprayed Limpet Asbestos including but not limited to the design, size, and content of the labeling on the packaging. 17. Any and all documents in your possession or control concerning the subject matter of J. W. Roberts, Ltd. 18. Any and all documents in your possession or control concerning the subject matter of Keasbey and Mattison Company. 19. Any and all documents in your possession or control concerning J. W. Roberts, Ltd. ~ 20. Any and all documents in your possession or control concerning Keasbey and Mattison Company. 21. Any and all documents in your possession or control concerning of Krafft Murphy Company. 22. Any and all documents in your possession or control concerning National Asbestos Company, Inc. -5- 23. Any and all documents in your possession or control concerning Armstrong Constructin and Supply Corporation (A.C. & S.) 24. Any and all documents in your possession or control concerning Bell Asbestos Hines, Ltd. 25. Any and all documents in your possession or control concerning Atlas Asbestos Company 26. Any and all documents in your possession or control concerning Atlas-Turher < Inc., 27. All documents used in preparation for and/or during the deposition given by Alexander Norman Marshall in Dana Bond, et al, v. Atlas Asbestos Co., et al., CV 78-1345, United States District Court for Eastern District of Missouri, Eastern Division. B. Please produce samples of each formulation of Sprayed Limpet asbestos. C. Please produce examples of each of the different types of packaging used to package Sprayed Limpet Asbestos. 1409K CERTIFICATE OF SERVICE I HERERBY CERTIFY that a copy of the foregoing was mailed, postate prepaid, this day of > 1985 to Michael P. Chervenak, Esq. FORD & O'NEIL 17 West Jefferson Street Rockville, Maryland 20850 Attorney for Armstrong World Industries, Inc Kevin J. McCarthy, Esq. Charles E. Gallagher, Jr., Esq. O'MALLEY, MILES, FARRINGTON & MCCARTHY 99 Commerce Place Upper Marlboro, Maryland 20772 Attorneys for A. C. & S. H. Patrick Donohue, Esq. DONAHUE, EHRMANTRAT & MONTEDONICO, CHARTERED 51 Monroe Street Suite 700 Rockville, Maryland 20850 Attorney for Atlas Turner, Inc. and Bell Asbestos Mines, Ltd. H. Emslie Parks, Esq. WRIGHT & PARKS Suite 1012 409 Washington Avenue Towson, Maryland 21204 Attorney for Celotex Corporation John M. Bray, Esq. Charles B. Wayne, Esq. SCHWALB, DONNENFELD, BRAY & SILBERT 1025 Thomas Jefferson Street, N.W. Suite 3 _ Washington, D.C. 20007 Attorneys for National Gypsum Company Charles E. Dorkey, III, Esq. RICHARDS, O'NEIL & ALLEGAERT 15th Floor 660 Madison Avenue New York, New York 10021 Attorney for Turner & Newall, PLC LAW OFFICES ASHCRAFT A OEREL SUITS 700 sooo l street. n. w. WASHINGTON. D. C. 20096 SUITE 220 4600 KENMORE AVENUE ALEXANDRIA* VA. 2X604 706-761-7400 SUITE 1006 ONE CENTRAL PLAZA 11900 ROCKVILLE PIKE ROCKVILLE. MD. 20662 901-770-9767 SUITE 101 METRO 400 SUILDINO LANDOVER. MD. 10769 5424A SUITS 60S ' EAST BALTIMORE STREET BALTIMORE. MD. 11202 90I-S29-M22 R. G. Guziak, Esq. BRAULT, GRAHAM, SCOTT & BRAULT 1314 - 19th Street, N.W. Washington, D.C. 20036 Attorney for Nicolet, Inc. Hopewell H. Darneille, III, Esq. BOWMAN, CONNER, TOUHEY & PETRILLO, P.C. 2828 Pennsylvania Avenue, N.W. Washington, D.C. 20007 Attorney for Turner & Newall, PLC, Turner Newall, Ltd, & J. W. Roberts Company & Brock R. Landry, Esq. KECK, MAHIN & CATE 1730 Pennsylvania Avenue, N.W. Suite 350 Washington, D.C. 20006 Attorney for United States Gypsum Co. Patrick J. Attridge BROMLEY, BROWN AND WALSH 51 Monroe Street Suite 806 Rockville, Maryland 20850 Attorney for United States Mineral Products Company Edward J. Lopata, Esq. JORDAN, COYNE, SAVITS & LOPATA Suite 500 Washington, D.C. 20005 Attorney for W. R. Grace Company Alexander Norman Marshall Mansfield, Thornhill Dumfries-Shire, Scotland (DHL Express) Peter T. Enslein ASHCRAFT & GEREL Suite 700 2000 L Street, N.W. Washington, D.C. 20036 (202) 783-6400