Document ypOg7vwNm2kZEBmj0yOkrE6QX

REDACTED Ro b e r t L. Mu f x i.e r Ro b e r t E. Da v l in Ric h a r d W. Gu n n in g De n n is S. O'Br ie n L. Ro b e r t Mu e l l e r Ke v in J. Da v l in LIVINGSTONE, MUELLER, GUNNING, O'BRIEN & DAVLIN, P.C. Attorneys at Law 620 Ea s t Ed w a r d s St r e e t Po s t Of f ic e Bo x 335 Sp r in g f ie l d , Il l in o is 62705 DECEIVED Te l ep h o n e (217) 525-1070 October 28, 1986 iU"- r v0fp.# i'!88 jVJgnjf FORM ER lY Liv in g s t o n e , Mu e l l e r , Dr a k e a n d Da v l in C. A. Liv in g s t o n e 1896-1982 Le s l ie V. Dr a k e 1895-1971 Mr. Steven Borgstrcm Raymond Sheakley & Associates, Inc. 2605 West 22nd Street - Suite 34 Oakbrook, Illinois 60521 Dear Steve: In re: 8209 00116 May 15, 1981 v. Sherwin-Williams Oral arguments were had Monday, October 27, 1986 before three members of the Canmission, Chairman Bachman, and Coirmissioners Black and Holland. You recently wrote asking that I send you a copy of our Response to Pe titioner's Statement Of Exceptions. I'm attaching a copy, along with a ccpy of Petitioner's Statement Of Exceptions. I have long since given up trying to foresee the outcome of oral arguments. At least two of the Commissioners seem to have looked at our Briefs, and ques tions were asked both of Mr. Larsen and me. They seamed to show seme interest in whether any dust in the work place, whether toxic or not, could compound asthmatic problems. Accordingly, I lay seme emphasis on the fact that Sherwin-Williams had never been cited by OSHA for their dust levels, had fur-, nished the employees with respirators though did not require than to use than because of OSHA's noninsistence, and, had monitored dust levels, and included in that monitoring exercise. Also, it was pointed out that neither Dr. Dixon nor Dr. Van Ordstrand felt that zinc ingestion was a pulmonary prob lem. Metal fume fever was discussed briefly as being wholly transitory, and again, that Dr. Van Ordstrand did not think it a pulmonary problem. It was pointed out to the Commissioners that that was the only well documented mani festation of exposure to zinc oxide. I can't tell you when we will have the Decision of the Canmission. They are still one member short, - the reason for Commissioner Bachman's sitting in on the Springfield orals Monday. With best regards, I am Very truly yours, N40321 REDACTED Robert L. Mueller ELM: In Enc. 0007-SWP-005801290