Document q3a9LgkVkZ5k9242J5XzmwzJR

PLAINTIFF'S EXHIBIT J -3777 3^2 Minutes of the General Meeting A3boeto3 Textile Institute Herb Iron-Plaza Hotel,Now York Juno 5, 1964 In Attendance: AMERICAN ASBESTOS TEX TILE CORP. J ,\if. Weber J.L.Rainey. J.W.Christeribury W.Maaskant D.F.Quealy H.H. Walter. ASBESTOS CORPORATION G.F. Jenkins A.C.Steele E.L. Alexander Bell ASBESTOS MINES LTD. P. P.Smith G.W.Smith R .Dodds-Hebron CASSIAR ASBESTOS CORP.LTD. T.T.Tigert H.K. PORT. COMPANY' INC. J.T.Griffis J.D.McCluer D. E. Childers A.P.Gouveia CADV/ALAD2R,RICK SHAM u TAFT G.D. Reycraft JOHNS-MANVILLE CORP. E. A.Schuman W.C.Atkinson I.Barnett J.E. Connor. N.W.Hendry (Canadian J-M Corp. RAYBESTOS-MANHATTAN, INC. J.A.Bettes,Jr. J.A,Brown,Jr. l.C.Williams J .P.Vronski M.W.Oliver J.W. Hawkins TALLMAN-McCLUSKEY PAERICS CRP. Tod D, McCluakey J.H.7.Jwysuauttr^ h TURNER & NEWALL LTD. Bernard Lincoln UNITED STATES RUBBER CO. S.J.Poole,Jr. A.C.Link D.T.Austin,Jr. G.J.Sligh ASBESTOS TEXTILE INSTITUTE H.E. Sunbury GUESTS: Mr. Wm.M. Segall-------Nations] Cotton Council of America (C-ue3t Speaker) Mr.E.D.Hubbard ---- United State3 Rubber Company Mr.J.L.Tucker------- Retired (Guo3t of Honor) Mr. Shepard ---- -- United States Rubber Company Mr. Miller ------- -- H.K.Porter Company,Inc. i 1. The meeting was called to order by President Peele with a brief address of welcome. Each person was asked to stand and identify himself,and his company affiliation. 2. The minutes of the last meeting wore introduced for readhowever,since all members had received copies of same prior to the date of this meeting,it was moved by Mr.Bettes and second ed by f'r. Barnett,thst the reading be omitted,and that the min utes be accepted as circulated. Agreement was unanimous. 083232 Minutes - General Meeting iJw`r^7 Page - 2 3.The Treasurer's Report was presented by Treasurer J .A. Brown, Jr., who stated that the Board of Governors had instructed that the sura of $5000.00 be transferred from the General Fund to the Savings Acct.Fund. It was moved by Mr.J,T.Griff Is,and seconded by Mr.L.C.W113iams,that the report bo accepted as read,and made a part of these minutes. Agreement was unanimous. 4. Mr.George Reycraft, legal Counsel for the Asbestos Textile Institute,then addressed the meeting and discussed the question of the applicability of the antitrust laws to standardization activities by trade associations. Mr.Reycraft referred to the fact that an indictment had been returned recently against the major steel companies in the United States in which it was al leged that standardization activities formed a part of a general price fixing conspiracy. It was noted that in the Asbestos Ce ment Pipe case in Philadelphia,similar charges had been made. It was pointed out by counsel that standardization activities by themselves,when they are limited to establishing technical guidelines for companies to follow, are perfectly legal under the antitrust laws. However, when standardization are made part of a price fixing conspiracy or are adopted for the purpose of facilitating a price fixing conspiracy, they can be unlawful. It was pointed out thatprlce fixing Is illegal,per se,under the antitrust laws and that there is no defense for such a conspir acy even though the prices agreed upon may be reasonable or may be even lower than would have obtained in a free market. The Supreme Court has said that price fixing is such inherently anticopetitive activity that It Is illegal without more. It was also pointed out that agreement by manufacturers to refr ain from manufacturing products in particular categories could alos violate the antitrust laws. Thus, while an industry might adopt standards which apply to only part of all tho products which are manufactured by it if the members of the industry agree to manufacture only those limited products, such an agr eement woul; be a probable violation of the antitrust laws. The application of standards to products yet to be developed was also discussed. The adoption of standards of size,perfor mance, or other objective criteria which could be met by all members of an Industry was Indicated to be consistent with anti trust laws. In fact, tho adoption of sizo standards could have the effect of promoting competition since smaller manufacturers would have the opportunity to develop products interchangeable in size and performance with those manufactured by their larger competitors. However, an agreement to limit tho development of products to particular types or categories could also violate the antitrust laws. Any standardization activity which resulted in an agreement not to manufacture products already being man ufactured or to refrain from manufacturing products yet to be developed raises serious questions under the antitrust laws. In conclus ion, the charge of the District Court In the Asbestos Cement Pipe case was read to the meeting ,in which the court made it quite clear that standards based on technical consider ations rather than the elimination of competition would be up held. 083233 Minutes - General Moating Page - 3 5* The next part of the meeting was devoted to committee rep orts,and the chairmen of tha several working committees reviewed the matters considered and actions taken by their committees since our last meeting,and also in session on June 4th, Their fo mal reports are attached, a$ The Air Hygiene & Mfg. Committee Report was presented by Chairman I,.C.Williams b) The Sales Promotion Committee Report was presented by Chairman J.W. Chrlstenbury c) The Fiber Committee Report was made by Mr. N.V/.Hendry of th the Canadian Johns-Manville Corp.,Ltd. No formal report is made by this committee,but Mr.Hendry's remarks were most interesting. He mentioned that business was brisk in most grades of fiber,-that Asbestos Corporation and Johnson's Co. had merged,-that the Munro Mine is to be closed. That Calif ornia has become a producer of certain grades of fiber, and competition from Russian fiber is still a factor in the mar ket. Foreign trade has held up very well. Regarding new uses for asbestos fibers,the experimental work for use in certain types of paint appears promising,todate. At conclusion of Mr. Hendry's remarks, Mr. J.T.Griffis paid tribute to the cooperation of the mining companies in redu cing the dust content of spinning grades of asbestos fiber. d) The Technical Committee Report wa3 presented by it3 Chair man, Mr. VYm.Maaskant. e) The Fiber Testing Committee Report was presented by the Chairman, Mr. I. Barnett. 6, President Peele said that the following men had recently received important and well deserved promotions within their respective companies, and extended congratulations and best wishes to; G.l ,Jenkin3 ------------ Asbestos Corporation,T.td, M.P. Carson.................... " " "* J.W.Weber ---- American Asbestos Textile Corporation J.T,.Rainey.......... " " " " R.Dodds-Kebron------ i'ell Asbestos Mines .l imited 7, Mr. Peele announced that a special program had been decided on by the Bosrd of Governors for our 20th Annual Meeting in October,and that he had appointed f.r. Jack Bettes as Chairman of the 20th Anniversary Committee to formulate plans and all necessary arrangements for this special occasion. The date is October 8-9, 1964. Plac-Barbi^on-Plaza -Hotel,few York City. It is hoped that v;e will have a record attendance at this,our 20th Anniversary Meeting.. We plan to extend invitations to foreign visitors,as well as officials of member companies. 8, Mr. Peele referred to the planned symposium on "Asbestosis" now officially termed ''Conference- Biological iffects of Asbes tos" to be hold at the l-nldorf-Astorio hotel on Oct. 19-2lst,of this year.The conference is sponsored ty the he.' York Academy of Sciences,and j;r. Peo]o stated that A..T.I, would not be 08323-1 Minutes General Meeting Page -4- 8.(continued) officially represented at the conforancc,but he asked member companies to seriously consider sending qualifiod personnel to it. Mr. Griffis requested that the Secretary of A.T.I. obtain and send to all members,full details of th coming conference, al30,that our members should advise the Secretary who will attend from their respective companies. 9. The resignation of Johnson's Company,ttd.,as an Associate Member of the Institute due their merger with the Asbestos Corporation,I.td.,was mentioned by Mr. Peele. Ho expressed regret at the loss of this fine aompany,who for so many years has been a staunch supporter of the Institute and expressed the hope that we woulld continue to maintain contact with the personnel from Johnson's Company,who regularly did attend our meetings. 10. President Peele paid tribute to Mr. J.L. Tucker,our Honor Guest. Mr. Tucker,prior to his retirement from Johns-Manville Corp. last February had been a very active member of A.T.I. As Chairman of the Technical Committee,and in many other ways, Mr. Tucker has served the Institute well and faithfully for many years. At conclusion of his remarks. President Peele pre sented Mr. Tucker with a handsome plaque as a token of the Ins titute's appreciation. Mr. Tucker responded with appropriate words of thanks,and extended his best wishes to the Institute and to its members. 11. President Pesle asked Mr. Bernard Lincoln,of Turner !. Newall Ttd.,to address the members,pointing out that this was the fir st meeting for Mr. Lincoln,and that ho was a member of our Fiber Testing Committee, and that we hoped he could attend our future meetings regularly. Mr. Lincoln thanked Mr. Peele for the opportunity of addressing the meeting,and said they in Eng land had been very concious and appreciative of the work that our x?iber Testing Committee has boon doing. He hoped and belie ved they could contribute something of value in the continuing efforts of that committee. President Feele then introduced our Guest Speaker, Mr. Wm.M. Segall, Research Specialist, national Cotton Council of America. The Subject of his talk was " Cotton Fights Back" This was a most interesting talk on the efforts being made by the cotton industry to combat the competition from synthetics, and developments in new finishes to expand the markets for cotton fabrics. 15. Date of next meeting,our 20th Anniversary Annual Meeting, is October 8-9. 1964,to bo held at the Barbizon-Plaza Hotel, New York City. 14. Recessed for luncheon,and meeting adjourned immediately after luncheon. respectfully submitted, i;. Sunbury, Exec .Secretary 083235 Minutes BOARD OP GOVERNORS MEETING Asbestos Textile Institute Earbizon-Plaza Hotel,New York,N.Y June 4, 1964 In Attendance: S.J. Peele,Jr. - United States Rubber Company J.W.Weber - American Asbestos Textile Corporation J.A. Bettes,Jr, - Raybestos-Manhattan,Inc. J.T. Griffis - H.K. Porter Company,Inc, E.A.. Schuman -. Johns-Manville Corporation 0, TMcCluskey - Tallraan-McCluskey Fabrics Company -"'6.D. Reycraft - Cadwalader,Wickersham & Taft (Legal Counsel) H.E. Sunbury - Asbestos Textile Institute (Secretary) I. The meeting was called to order by President Peele,who noted that Mr. E.A. Schuman,and Mr, Ted D, McCluskey had been properly accredited by their respective companies,in the absence of Messers W.S. Hough and T.C.McCluskey, 2. The minutes of the last meeting of this Board,held on Feb.6th, were presented for reading,but since all members had reoeived copies and were familiar with same,it was moved by Mr. Bettes and seconded by Mr, Gr iff is, that the minutes be approved as submitted. Agmement to this motion was unanimous. 3. The Treasurers Report as of May 8, 1964,was submitted and read by the Secretary, It was moved by Mr. Or iff is, seconded by Mr. Bettes,that the report be accepted,Agreement was unanimous. Mr. Griffis suggested that %5000.00 be transferred from the Gen. Fund,to the savings account fund,and theie was unanimous agreement that this should be done at once. Mr. Reycraft questioned the method of reporting the previous transfer of ij.5000.00 to the Sav4g ings Fund,as shown on the report of May 8,and the Secretary agreed to take this matter up with the Treasurer in orderto arrive at the correct procedure in the handling of this current transfer. 4. Mr. Schuman suggested tint a Special Program be considered for our Twentieth Anniversary Annual Meeting which will be held on October 9th. (The Institute v.nn organized at a meeting held on November 16, 1944).There was general agreement that thi3 should be done,and President Peele appointed Mr. Bettes as Chairman of the M Twentieth Anniversary Jommittoo". 5. President Peele brought up the matter of the"Symposium on Asbestosia" to be held on October 19-21,1964,at the WaldorfAstoria Hotel,New York. He pointed out that the position of A.T.I. in respect to representation at this symposium should be settled. After discussion it was agreed that A.T.I. would have no official representation,but that member companies should try to have their company doctor,or their hygienist,attend. Further,that we should ask Dr.L.J.Cralley,of the U.S.P.H.S. ,if he would be agreeable to present certain data that he has accumulated todate from his in dustry survey of members plants. Minutes - Board of Governors Page -2 6. The Secretary reported on the project for printing up a pam phlet entitled " Method for Doterniving Asbestos Dust Concentr ation" us rocommondod by the Air hygiene & Mfg. Comm. at the Febrauary meeting. This pamphlet is now in the hands of the prin ter,and it is expected jto be finished in the later part of June. The cost of one thousand copies win be about &370.00. Pamphlet has been priced by the Board of h-overnors to sell at i 1.00 each. The first publicity for this new pamphlet will appear in June Issue of the Asbestos Magazine. 7. As agreed in our previous meeting,a plaque has been prepared for presentation to Mr. J.I..Tucker,who had served A.T.I. as chairman of the Technical Committee prior to his retirment from active business,and the Board was given a preview of the plaque. Comments were most favorable on its general appearance and the wording of the commendation. 8. President Peele introduced a letter from Johnson's Company,Ltd. dated May 5, 1964,in which they tendered their resignation as an Associate Member of A.T.I.,due to the fact that they had been taken over by the Asbestos Corporation,Ltd. It was moved by Mr. Griffis,seconded by Mr. Weber,that tho resignation be accepted with regret,and that, in view of tho fact that dues for all of 1964 had been paid,that Johnson's Company had no further oblig ation in respect to membership dues.Agreement was unanimous. 9. President Peele quoted from Mr. Hough's lotter of March 10th in which he suggested that Constitution of the Institute be am ended to make provision for regular Legal Representation at both the Board of Governors and the General Meetings. Mr. Reycraft suggested this could be done under Article IV-Paragraph 4. It was agreed that Mr. Reycraft would draft the proposed change,and that it would be circulated to Board Members prior to the October Meeting,and voted on at that meeting. 10. Receipt of literature from Dr.S. Holmes,Seeretary,Asbestosis Research Council,Turner Bros.Asbestos Co.,Rochdale,England,in April of this year,was reported by the Secretary. T'-.is literature consisting of a dozen copies each of four different papers on the genoral subject of Asbestosis,has been turned over to the Air Hygiene f Mfg. Committee. 11. President Peele reported that Mr.Hough had beon advised by Nicolet Asbestos Mines,Ltd.,that they wished to table the matter of applying for membership in A.T.I. at this time. 12. Mr. Peele called attenttion to the appointment of Mr.Bernard Lincoln,Turner & Newall Ltd., as amember of the A.T.I. Fiber Testing Committee. It is felt that mutual bonefit will be derived from Mr, Lincoln' attendance nt meetings of tho Fiber Testing Committee, and interim correspondence on committee matters. 13. A letter from Boll Asbestos Mines,Ltd,dated May 4th,was noted; in which they informed us that Mr. .B. Dodds-Hebron has hwn appointed a Director of their company. He is in charge of all milling operations,since the death of tbnir Herbert Smith. Mlnut 0 3 board of Governors Page-3 14. The Secretary road a letter from Mr. L.C. 'illiams.Chairman of the Air Hygiene V. 1-ifg. Comm. , da tod Hgry 18, 1964,in which he eet forth his views of the objectives of hie committee, the value of thoir new pamphlet aa mentioned in Paragraph 6 above, and his feeling that they should cooperate with the work that Dr.L.J. Crnlley is doing.. Comraentson this letter were favorable. 15. Letter of May 6th from Mr. J.T. Griffis to the Secretary raised the question of whether the A.T.I. should assist, or cooperate with, the Jessop Steel Company in furthering the dis tribution of a paper on nAsbestoslsn,same being a reprint from the Official Journal of the American College of Chest Physicians. It was decided that we vould confine its distribution to our Air Hygiene C- Mfg. Committee. 16* Receipt of a card of thanks from Mr. JtT;Griffi9 and family for floviers sent by A.T.I. at the time of Mrs. Griffis funeral was noted. 17. The Secretary read a letter from Mr. Clarence A. Predell of the General Services Administration,dated June 1st,in reference Specification P-3-R3 which governs the purchase of raw asbestos for the stock pile. The point at issue la the specified Magnetic Rating of 0*75 percent,and whether this should be raised to allow for the drop in magnetite which occurs in textile processing. It was decided to accept the reconmendatidn of the Piber Test ing Committee in replying to this letter. 18. President Peele appointed a Nominating Committee to bring in a slate of officers for election st our Annual Mtg: in October: namely; Messers V. .S. Hough (Chairman) ,J .L.Rainey, T,.Cj Williams. 19. Mr. Schuman suggested that we consider the possibility of extending invitations to representatives ot asbCatbs textile manufacturers in foreign countries who plah tb atten the symp osium on Asbestosis Oct. 19-21st,to attend oiir Annual Meeting on October 9th if they can so arrange their schedules.This would not be limited to our present Associate Members in SnglanJ'and France. Further thought is to be given this suggestion. *' 20. The next meeting is October 8-9,1964,ot this same hotel. 21. The date and place of the first meeting in 1965 Is to be recommended by committee composed of Messers Peele and Griffis. The possibility of a southern location,sometime in February, met with generally favorable reaction. 22. Motion to adjourn was mode by Mr. vlebor,seconded by Mr.Griffis and this motion was carried unanimously. Respectfully submitted M.-i. ounbury, ixoc.Sec'y 8323q ASBESTOS TEXTILE INSTITUTE Report of Punda May 0, 1964 Balance on Hand at Last Rcport(1/9/1964) General Fund Savings Account Fund Petty Cash Fund 10196.19 7386.07 a 10.77 Receipta Handbook & Test Manual Sales 92.75 Assessments for 1964 8749.00 Total to General Fund 8fi41.75 To Savings Account Fund (by transfer from G.FJ5000.00 To Petty Cash Fund (by transfer from G.F.) 192.18 Total On Hand and Received Disbursements legal Expense (6 months ending 2/29) 756.35 Mimeograph Machine (used) 60<00 Subscriptions 4.50 Office Supplies 37.25 Telephone (4 months) 71.29 Transfer to Savings Account 5000.00 February Meeting .Expense 566.23 Office Rent (4 months) 166.64 Secretary's Salary (4 months) 400.00 Printing 14.43 Florist 21.00 Stenographic 50.00 Transfer to Petty Cash Fund 192.18 Petty Cash Vouchers (77/55-82 incl.) 102.95 Total Disbursements $17593.03 14033.93 $ 3l625;&6 7442.82 Balance on Hand as of May 8. 1964 $ 24104.14 Funds Gener-.l Fund (Bank Statmt 5/8/64) Savings Account Fund Petty Cash Fund Total Pund3 v: 11698.07 12386.07 100,00 Assets as of May 8, 1964 Gash in Bank (Checking Acct.) &11698.07 Cash in Bank (Savings Acct.) 12386.07 Petty Cash on hand 100.00 Postage on hand .88 Accounts Receivable (1964 dues) 500.00 Furniture & Equipment (Nominal Value) 1.00 Total Assets Liabilities Net Worth n $i> 241&4.14 $ 24686.02 none 24686.02 Rospectfu]ly submitted. H-E, Sunbur^TT^ saistant Troasurer 083231