Document zdB3bMZZq52y1D4ma30o2xgez

James Heffron Rochester, NY April 17, 2003 Page 1 1 JAMES E. HEFFRON 2 3 CERTIFIED COPY 4 5 6 SUPREME COURT OF THE STATE OF NEW YORK 7 EIGHTH JUDICIAL DISTRICT - ASBESTOS LITIGATION 8 9 STATE OF NEW YORK 10 SUPREME COURT: COUNTY OF NIAGARA 11 12 ROBERT C. KRIEGER, and 13 NANCY KRIEGER, his spouse, 14 15 Plaintiffs 16 17 -vs 18 19 A.C. and S., INC., et al.. 20 21 Defendants 22 23 24 25 Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 Plaintiff's Exhibit 112271 James Heffron Rochester, NY April 17, 2003 Page 2 1 2 OWENS-ILLINOIS/ INC. , 3 GARLOCK SEALING TECHNOLOGIES f/k/a 4 GARLOCK, INC./ 5 NIAGARA INSULATIONS, INC., and 6 INSULATION DISTRIBUTORS, INC., 7 8 Third-Party Plaintiffs 9 10 -vs- Index No. 111155/3 11 12 E.I. du PONT de NEMOURS and COMPANY, 13 14 Third-Party Defendant 15 16 17 18 Examination before trial of 19 JAMES E. HEFFRON, taken pursuant to Notice under 20 Article 31 of the Civil Practice Law and Rules, at 21 the law offices of MORRIS & MORRIS, 30 Corporate 22 Woods, Suite 120, Rochester, New York, taken on 23 April 17, 2003, commencing at 9:50 a.m. before 24 VICTORIA SKABRY, Notary Public. 25 Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 APPEARANCES: 2 Page 3 3 LIPSITZ & PONTERIO, LLC 4 BY: JOHN COMERFORD, ESQ. 5 135 Delaware Avenue, Suite 506 6 Buffalo, New York 14202 7 Appearing for the Plaintiff 8 9 PHILLIPS, LYTLE, HITCHCOCK, BLAINE & HUBER, LLP 10 BY: PAUL B. ZUYDHOEK, ESQ. 11 and JAMES W. WHITCOMB, ESQ. 12 3400 HSBC Center 13 Buffalo, New York 14203 14 Appearing for the Third-Party Defendant 15 E.I. du Pont de Nemours and Company 16 17 GOLDFEIN & HOSMER 18 BY: ROBERT T. CONNOR, ESQ. 19 1600 Market Street, 33rd Floor 20 Philadelphia, Pennsylvania 19103-7288 21 Appearing for the Third-Party Plaintiff 22 Garlock Sealing Technologies 23 24 25 Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester* NY April 17,2003 1 MORRIS & MORRIS Page 4 2 BY: BERNADETTE CATALANA, ESQ. 3 30 Corporate Woods, Suite 120 4 Rochester, New York 14623 5 Appearing for the Third-Party Plaintiff 6 Garlock Sealing Technologies 7 8 COLUCCI & GALLAHER, P.C. 9 BY: RYAN L. GELLMAN, ESQ. 10 2000 Liberty Building 11 424 Main Street 12 Buffalo, New York 14202 13 Appearing for the Third-Party Plaintiff 14 Niagara Insulations, Inc. 15 16 17 18 19 20 21 22 23 24 25 Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 5 1 WITNESS INDEX 2 3 JAMES E. HEFFRON 4 PAGE 5 EXAMINATION BY MR. ZUYDHOEK...................................... . . 8 6 EXAMINATION BY MR. COMERFORD................................. 255 7 8 EXHIBIT INDEX 9 10 HEFFRON EXHIBITS PAGE 11 12 1, a CV............................................................................................... . . 8 13 14 2, a document entitled Worker's Compensation 15 Claims.............................................................................................. . 82 16 17 3, a document regarding product liability 18 committee minutes............................... 116 19 20 4, Defendant Garlock Inc.'s objections. 21 Answers and Responses to Plaintiff's 22 Master Set of Interrogatories and Request 23 for Production................................................................ .. . 135 24 25 Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY 1 HEFFRON EXHIBITS (CONT.) April 17,2003 Page 6 3 5, a document containing a listing of 4 styles that Garlock manufactured that 5 contained asbestos........................................................ 143 6 7 6, the Hemeon report by the Industrial 8 Hygiene Foundation............................................................ 179 9 10 7, a document that was distributed to 11 Garlock employees who worked in the 12 manufacturing area ........................................................... 198 13 14 8, a document entitled Berkeley Occupational 15 Medicine Associates.............................................................. 203 16 17 9, a document consisting of a timeline that 18 shows the various gasketing forms that 19 Garlock manufactures........................................................... 207 20 21 10, one of a series of ads developed by 22 Garlock in the late 1980s............................................ 210 23 24 25 Alderson Reporting Company, Inc. 1111 i4th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 7 1 MR. ZUYDHOEK: The same stipulations 2 we've had at the prior depositions? They've 3 all been the same. 4 MR. COMERFORD: They have been, but 5 he has the right to read and sign. 6 MR. CONNOR: Do you want to read? 7 It's going to be a long one. Do you want to 8 read and sign? It's up to you. 9 THE WITNESS: I probably should. 10 MR. CONNOR: If you want to, sure. 11 And then what is it, everything reserved but to 12 the form of the question? 13 MR. ZUYDHOEK: Yes. 14 15 (Whereupon, the following stipulations 16 were entered into by all parties.) 17 18 It is hereby stipulated by and among 19 counsel for the respective parties that the 20 oath of the Referee is waived, filing and 21 certification of the transcript are waived, and 22 that all objections, except as to the form of 23 the questions, are reserved until the time of 24 trial. 25 Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 PageB 1 JAMES E. HEFFRON, 1624 County Road 4, Geneva, 2 New York, after being duly called and sworn, 3 testified as follows: 4 5 EXAMINATION BY MR. ZUYDHOEK: 6 7 Q. Mr. Heffron, my name is Paul Zuydhoek. 8 I represent du Pont. I'm going to be the first 9 one to question today. If you do not 10 understand any question I ask, if you tell me 11 that, I 'll rephrase it so that you do. Is that 12 all right? 13 A. Yes. 14 Q. Mr. Heffron, what is your date of 15 birth? 16 A. 10/25/50. 17 Q. And what is your education? 18 A. I have a high school education . I 19 have an Associate's degree from Finger Lakes 20 Community College, and I have a Bachelor's 21 degree from Roberts Wesleyan. 22 Q- I'm going to mark as the first exhibit 23 this document. 24 (Whereupon, Heffron Exhibit 1, a CV, 25 was then received and marked for Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 identification.) Page 9 2 BY MR. ZUYDHOEK: 3 Q. Mr. Heffron, I show you Heffron Number 4 1. Have you seen this document before? 5 A. Yes. 6 Q. And can you tell me what it is? 7 A. It's commonly referred to as a CV. It 8 is a compilation of my professional and 9 educational experience. 10 Q. And I don't know exactly when this was 11 originally prepared, but is it accurate to 12 date? 13 A. No. 14 Q. Okay. And what would you add to it to 15 make it accurate to date? 16 A. From approximately July of 2000 to the 17 present I am the senior marketing manager for 18 industrial gasketing. 19 Q. And that is not reflected -- that 20 position is not reflected on this exhibit? 21 A. That's correct. 22 Q. Okay. Was this exhibit originally 23 prepared by you? 24 A. Yes, I believe so. 25 Q. For what purpose? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 10 1 A. A CV was requested. It was explained 2 to me that that would be again a compilation of 3 my educational experience and my professional 4 experience to act as the company corporate 5 witness for asbestos litigation. 6 Q. Okay. You have been described by your 7 counsel, and I just want to get the exact 8 wording here, as the singular Garlock employee 9 with knowledge of asbestos-related matters. 10 Would you agree with that characterization? 11 A. The singular meaning the most 12 knowledgeable currently employed by the 13 company, I would agree with that, yes. 14 Q. Are you the only current Garlock 15 employee with knowledge of asbestos-related 16 matters? 17 A. I don't know. 18 Q. Do you know of any other current 19 employees who are knowledgeable with respect to 20 asbestos-related matters? 21 A. Not specifically, no. 22 Q. And let me ask you some specific names 23 of people who I believe were at least at one 24 time Garlock employees, and, and I'll ask you 25 some specifics about them. G. Elwood Houghton. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 Do you recognize that name? Page 11 2 A. Elli Houghton- Yes, I know who he is 3 or was. 4 Q. Is he no longer employed by Garlock? 5 A. No, he's no longer employed by 6 Garlock. He's deceased- 7 Q. What was his position at Garlock? 8 A. Well, Mr. Houghton had several 9 depositions, so I'm sure he was able to 10 identify all of his responsibilities better 11 than myself, but I've reviewed them and I did 12 know him f so his responsibilities I think 13 involved primarily textile manufacturing 14 operations in Palmyra, New York, and he would 15 have been a supervisor dealing with the textile 16 manufacturing. 17 Q. And how long has he been -- how long 18 has it been since he died? 19 A. I don't know- 20 Q. Harold Hughes, do you recognize that 21 name? 22 A. Yes, I do. 23 Q. And is he still alive? 24 A. I believe so, yes. 25 Q. Is he still employed by the company? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 A, No, sir. Page 12 2 Q. Do you know where he lives? 3 A. I don't know specifically. I'm 4 certain he lives in this area. 5 Q. Is he -- was he retired from the 6 company? 7 A. Yes, sir. 8 Q. Would he be a pensioner from the 9 company? 10 A, I would think so. He would be a 11 retiree. yes. 12 Q. What was his position with the 13 company? 14 A. Chief chemist I believe is the last 15 position that he had with Garlock. 16 Q. And do you know of any prior positions 17 that he had before becoming chief chemist? 18 A. No, I don't. 19 Q. Do you know how long he was employed 20 by Garlock? 21 A. Not specifically. I'm sure he had 22 many years with the company. 23 Q. Was he there when you started with the 24 company? 25 A. Yes, he was. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 Q. And that was in 1972? Page 13 2 A. Yes, sir. 3 Q. What was his position in 1972? Do you 4 remember? 5 A. I'm not certain. I don't think I had 6 any contact with him when I first started with 7 the company. 8 Q. Clayton Jewett. Is he still alive? 9 A. Yes, he is. 10 Q. Is he still employed by the company? 11 A. No, he is not. 12 Q. Is he retired? 13 A. Yes, he is. 14 Q. Is he a pensioner? 15 A. When you say pensioner, I don't know 16 the details. He's a retiree. 17 Q. Okay. Do you know where he lives? 18 A. He lives in Reno, Nevada, I believe. 19 Q. How long has it been since he's been 20 employed by the company? 21 A. Gosh, I've, I've lost track. It could 22 be as many as fifteen years, but I really am 23 not certain. 24 Q. Do you know that he has testified on 25 behalf of the company since being retired? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 14 1 A. Oh, yes, I believe so, yes. 2 Q. And what was his position at the time 3 of his retirement? 4 A. At the time of his retirement I think 5 he was the marketing manager for industrial 6 gasketing; a title similar to that. 7 Q. Okay. 8 A. I'm not sure of his title is what I'm 9 saying. 10 Q. I'm not going to pronounce this right 11 but let me take a shot. Kanwal Kapur. 12 K-A-P-U-R. 13 A. Dr. Kapur. 14 Q. Dr. Kapur? 15 A. Yes. 16 Q. Is he still employed by the company? 17 A. No. 18 Q. Was he ever employed by the company? 19 A. I don't think he was ever -- when you 20 say employed, he was not a full-time Garlock 1 21 employee to my recollection. I believe we've 22 answered the physicians who have been employed 23 by Garlock over the years. I'm certain his 24 name is on there. So he would have been like 25 the company physician, but not -- I'm certain Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 15 1 that he wasn't full time employed by Garlock. 2 Q. He was a plant physician who would 3 visit the plant for physicals and things of 4 that nature? 5 A. Yes. 6 Q. Would Lee Reichman, R-E-I-C-H-M-A-N, 7 have a similar position? 8 A. The name is not familiar to me, sir. 9 Q. Dr. Kapur, is he still a plant 10 physician? 11 A. No, not with Garlock. I have no idea 12 what he may be doing. 13 Q. Do you know if he still lives in the 14 area? 15 A. I don't. 16 Q. Is there a current plant physician for 17 Garlock? 18 A. I actually don't know,. I know we have 19 a, a company nurse but as to whether we have a 20 company physician, I'm unsure. 21 Q. Wilbur Klotz, K-L-O-T-Z? 22 A. Yes. 23 Q. Still employed? 24 A* No, sir. 25 Q. What was his position? Alderson Reporting Company, Inc. 1111 i4th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 16 1 A. His last position was probably -- last 2 position with Garlock I would think might have 3 been an OEM salesman. 4 Q. OEM meaning? 5 A. Original equipment manufacturers. 6 Q. And so that would be the nature of the 7 customer that he sold to? 8 A. That's correct. 9 Q. And is he still alive? 10 A. Yes, he is. 11 Q. Do you know where he lives? 12 A. Philadelphia, Pennsylvania - 13 Q. Alexander Kuzmuk, K-U-Z-M-U-K? 14 A. I'm familiar with Alexander, yes- 15 Q. Is he still alive? 16 A. I don't know. I think he may be, but 17 I don't know. 18 Q. Do you know where -- if he is alive 19 where he 'd be living? 20 A. No, I don't. 21 Q. How long has he been -- did he retire 22 from the company? 23 A, Yes. 24 Q. When did he retire? 25 A. I don't know. Many years ago. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 17 1 Q. What was his position? Do you 2 remember? Last position? 3 A. Last position. I'm not sure. He -- 4 no, I guess I'm not sure. 5 Q. Would it have been in sales or 6 marketing? 7 A. Most of the time he was manufacturing 8 management, so I don't think it would have been 9 sales and marketing. 10 Q. Gordon Leroy? 11 A. Yes. 12 Q. And is he still employed? 13 A. No. 14 Q. Is he retired from the company? 15 A. I don't know if he retired. He left 16 the company. He was -- and I know he was 17 working after he left, so I don't believe he 18 was old enough to retire from the company. 19 Q. Can you give me your best estimate of 20 when he left the company? 21 A. Oh, it was many years ago. It might 22 be twenty years ago. 23 G. And the last position he held? 24 A. He was in engineering, but I'm not 25 sure of his title. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 18 1 Q. Do you know what company he left your 2 company for? 3 A. They were a reciprocating pump 4 manufacturer, but the name doesn't occur to me 5 right now. 6 Q. Thomas Mills? 7 A. Yes. 8 Q. Still employed? 9 A. Yes. 10 Q. What is his position? 11 A. He would be an area manager which is a 12 sales position. 13 Q. Covering a specific territory? 14 A. Yeah. I'm not sure of his exact 15 territory, but I believe he -- I believe he 16 lives somewhere in the area of Wilmington, 17 South Carolina and operates out of that area. 18 Q. And can you describe generally his 19 responsibilities? 20 A. Well, generally his responsibilities 21 would be calling on end users, and to get 22 Garlock products specified, also to perform 23 training and associated activities. He would 24 also support our independent distributors that 25 exist in the area -- the geographic area that Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 he covers. Page 19 2 Q. And do you know how long he worked for 3 the company -- has worked for the company? 4 A. Not specifically. I think he probably 5 began with the company in the late 1970s. I'm 6 not sure if his employment with the company has 7 been continuous throughout that period or not, 8 but he is currently employed by Garlock. 9 Q. Has the sales area that he covered 10 always been that area that you mentioned, 11 Wilmington, South Carolina? 12 A. I don't believe so, no. 13 Q. Can you tell me what prior other areas 14 he covered? 15 A. I believe Tom covered portions of New 16 Jersey, and beyond that I'm not certain, but 17 when I first met him, I believe that he covered 18 that area of the country. 19 Q. Is Walter Rooney still employed? 20 A. No, sir. 21 Q. Dead? 22 A. Quite possibly. 23 Q. When was the last time you remember 24 him being employed? 25 A. I don't believe he was employed by Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heff'ron Rochester, NY April 17, 2003 1 Garlock when I started in 1972. Page 20 2 / Q. Was he retired from the company in 3 1972? 4 A, I think so. He may have been -- he 5 may have been an employee of the company in 6 1972. In my position I wouldn't have dealt 7 with him, but I don't recall him being with the 8 company at that point in time, no. 9 Q. Do you remember any of the positions 10 that he held? 11 A. Not specifically, no. 12 Q. Herbert Schaefer? 13 A. Yes. 14 Q- Still employed? 15 A. No. 16 Q. Still alive? 17 A. Yes, I believe so. 18 Q. Do you know where he lives; what area? 19 A. I believe he lives in Florida. 20 Q. Would you have an estimate of his age? 21 A. I would think that Mr. Schaefer would 22 be in his '70s, perhaps late '70s. I couldn't 23 guess beyond that. 24 Q. What position did he hold with the 25 company when he was employed? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 21 1 A. I'm sure he had many positions. When 2 I first met him, I believe he was -- he had 3 manufacturing responsibility but perhaps not. 4 I'm certain he spent time in sales or 5 marketing, as well. 6 Q. George Townsend? 7 A. Yes. 8 Q. Still employed? 9 A. No. 10 Q. Still alive? 11 A. Yes. 12 Q. Area where he lives? 13 A. Florida. 14 Q. How long has he been retired? 15 A. Oh, gosh, probably since the late 16 1980s. 17 Q. Last position held? 18 A. I'm not sure -- I would think 19 president of Garlock. 20 Q. Your estimate of his age? 21 A. I don't know. 22 Q. Roy Whittaker? 23 A. Yes. 24 Q. Still alive? 25 A. Yes. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 Q. Still employed? Page 22 2 A, NO. 3 Q. How long has he been retired? 4 A. I think he retired in 1995. 5 Q. Do you know where he lives? 6 A. He lives in this area. I can't tell 7 you specifically where, no. Probably the 8 Canandaigua area. 9 Q. What was his last position with the 10 company? 11 A. Probably a title something like 12 director of engineering, and he also had 13 quality responsibilities, so I'm not sure how 14 the title read specifically. Director of 15 engineering for industrial gasketing. 16 Q. Was he employed in 1992 when you 17 started with Garlock? 18 A. 1972? 19 Q. 1972. 20 A. Yes, he was. 21 Q. What was his position in 1972? 22 A. I don't know specifically. It might 23 very well have had something to do with 24 quality. Much of his career was spent in 25 quality. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 23 1 Q. Are you aware of any other current 2 employees of Garlock with knowledge of 3 asbestos-related matters? 4 A. I'm not certain what knowledge of 5 asbestos-related matters might encompass. 6 Certainly there are employees who currently 7 work for the company in sales, for instance, 8 that sold products that contained asbestos, but 9 their level of knowledge, I have no idea what 10 their level of knowledge is. 11 Q. And would you give me the names of 12 those people, please? 13 A. Those people? 14 Q. Current employees who sold 15 asbestos-related products. 16 A. Well, asbestos -- compressed asbestos 17 sheet was not discontinued until December 31st 18 of 2000, so potentially anyone who was in sales 19 at that time sold product. I don't know what 20 their level of knowledge would be. 21 Q. Okay. Let me take you back a ways. 22 Let's go back to 1955 to 1960. Are you aware 23 of any current employees at Garlock who would 24 have been employed at that time by Garlock? 25 A. No. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 24 1 Q. Are you able to say there are none? 2 A. Time frame again, sir? 3 Q. 1955 to 1960. 4 A. And would it be any employees, sir? 5 Q. Are you aware of any employees of 6 Garlock still employed who would have been 7 employed at that time? 8 A. No, I'm not aware of any employee. 9 Q. Okay. Let's talk a little bit about 10 your CV and job history at Garlock. If you 11 need to refer to Exhibit 1, please do. 12 You started in 1972 which I take it 13 would be the last reference on the exhibit. 14 A. Yes, sir. 15 Q. Okay. Prior to, prior to joining 16 Garlock were you employed? 17 A. Prior to joining Garlock I was in 18 college. but yes, I was employed. 19 Q. Okay. So since leaving college has 20 Garlock been your only full-time job? 21 A. No. I believe after I graduated from 22 college I continued to be employed for -- by 23 Mobil Chemical, that was the name at the time. 24 Mobil Plastics until January of *72. So 25 probably about a six-month period or something Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 like that Page 25 2 Q. And what did you do for Mobil 3 Plastics? 4 A. I worked in the production line 5 producing plastic extrusion. 6 Q. Who hired you to work for Garlock? 7 A. I believe it would be Charlie Terr, 8 Charles Terr. T-E-R-R I think would be the 9 spelling. 10 Q. I presume that Mr. Terr no longer 11 works for the company? 12 A. He does not. 13 Q. Is he still alive? 14 A. I believe so. 15 Q. Do you know where he lives? 16 A. Wisconsin, I believe. 17 Q. Okay. And the position that you were 18 hired for, it's a little bit hard to read this, 19 is it MHO? 20 A. MRO, sales correspondent. 21 Q. Okay. And is that an accurate 22 description of what your, your duties were? 23 A. Yes. 24 Q. Would that have been -- you said 25 responsible for all product lines. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 A. Yes. Page 26 2 / Q. And would you delineate what those 3 product lines were? 4 A. Garlock used to refer to the products 5 it manufactured by product line. It doesn't 6 tend to do that anymore. 7 Product line one would be hydraulic 8 seals. Product line two would be oil seals, 9 lip-type seals for oil service. Product line 10 three would be gasketing, both sheet and head 11 gaskets. Product line four would be 12 compression packing also known as braided 13 packing. 14 Product line five would be various 15 rubber products; not rubber sheet, but molded 16 rubber products, primarily sold to an OEM 17 market. Product line six was I believe Teflon 18 products. Product line seven would be 19 mechanical seals. I had very little 20 involvement in mechanical seals. Product line 21 nine -- I'm not sure if there ever was a 22 product line eight. 23 Q. Okay. 24 A. Product line nine was and is expansion 25 joints, flexible rubber connectors that go Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 27 1 between pipe flanges. There were a few other 2 products that were sold at that time, 3 Garlock had an industrial paint line 4 which it sold some years later. I believe 5 there was a, a coatings -- not paint coatings 6 but a metallic or plasma-type coatings that I 7 had almost no dealings with, but I think it 8 would be accurate to say I had some. 9 Q. Did some of those product lines that 10 you delineated contain asbestos? 11 A. Yes. 12 Q. Which ones? 13 A. In 1972 hydraulics product line one 14 would have contained asbestos. Product line 15 two would not. Product line three would have 16 included asbestos products. Product line four 17 would have included asbestos-containing 18 products. 19 I'm not certain that I can say that 20 there were no products in product line five 21 that had asbestos, but it would have been very 22 unusual. Product line six, if I've accurately 23 portrayed it as Teflon products, would not have 24 any asbestos in it. And product line nine, 25 probably in 1972 there may have been some Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 28 1 asbestos-containing expansion joints, but again 2 that would be relatively unusual. 3 Q. You may have skipped inadvertently 4 product line seven, mechanical seals. 5 A. Mechanical seals would not contain 6 asbestos. 7 Q. When you started with the company in 8 1972 how did you become familiar with the 9 product lines? 10 A. Well, there would be a variety of 11 methods. We had a, a training program. I'm 12 not sure if I can say it was a formal training 13 program, but we had a training program. And 14 each of the product lines met with us and 15 conducted training over a multi-week period. 16 I think one night a week we would have 17 had training one night each -- with each 18 product line. The course -- when I started 19 with the company there was pretty extensively 20 published information we called product 21 manuals. I think that's the correct name, and 22 I think they had last been updated in 1971. 23 So the people that I trained under 24 believed very strongly that the information 25 that I needed to understand about our product Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 29 1 was published in the product manuals, and so we 2 were encouraged and expected to review those 3 product manuals, and to seek out information 4 when we had a question first in those. 5 Of course, Garlock published various 6 catalogs and brochures which we used as part of 7 your day-to-day job which wouldn't be a formal 3 method of training, but would be training. And 9 probably some other types of training, but that 10 was -- 11 Q. Were the -- you were not the only 12 salesperson that was hired at this time? There 13 were other people that were going through the 14 program with you? 15 A. Yes, there were. 16 Q. And how many of those were there? 17 A. I think there may have been three or 18 four new employees all hired at the same time 19 in that time frame. 20 Q. Are any of them still employed? 21 A. No. 22 Q. And at that time in 1972 where did you 23 get your training? 24 A. Well, some of the training took place 25 in Philadelphia. We had a warehouse in Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 30 1 Philadelphia that was closing down, and I 2 traveled to Philadelphia and spent, I believe. 3 approximately three weeks there training with 4 the people who were doing the job at that point 5 in time. some of whom did transfer to Palmyra, 6 a small group of two or three people. And I'm 7 sorry. 8 Q. And -- okay. And the remainder of the 9 time you spent in training would have been in 10 Palmyra? 11 A. Yes. 12 Q. Okay. And was your home in Palmyra or 13 near Palmyra at that time? 14 A. It was near Palmyra, yes. 15 Q. Have you continuously lived in the 16 Palmyra area since starting with the company? 17 A. No. 18 Q. At what points in time in your career 19 were you outside the Palmyra area? 20 A. Well, if by Palmyra area if you mean 21 Upstate New York, if you mean within driving 22 distance of the plant -- 23 Q. You had an office of some sort in the 24 plant or telephone number or telephone 25 extension in the plant? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 A. Yes. Page 31 2 Q. Okay. And there was a period of time 3 when you were elsewhere? 4 A. Yes. 5 Q. And what periods of time were they 6 and, and where were you? 7 A. The only time that I was employed by 8 the company outside of -- without a desk, an 9 office in Palmyra would have been, as the CV 10 indicates, from approximately the spring of 11 1981 until August of 1982 when I was a 12 southwest regional manager and I was living in 13 Houston, Texas. 14 Q. Okay. And let's go back to your 15 training program. The product manuals, were 16 you given your own copies of those? 17 A. I would think so, yes. I don't recall 18 but I'm certain that I had my own copy. 19 Q. Do you still have them? 20 A. No. 21 Q. Were they periodically updated? 22 A. Well, Garlock went from -- I'm not 23 certain. Garlock went from a centralized form 24 of management when I was first hired, to a, a 25 product line philosophy in 1975 or thereabouts. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 32 1 So I don't believe that the product manual 2 survived that transition, and I'm not certain 3 that they were ever updated after that. I 4 don't recall ever seeing an updated copy beyond 5 1971. 6 Q. Do you know if the 1971 product manual 7 still exists? 8 A. I think so. 9 Q. If they exist, where would they be? 10 A. Well, if they exist, I'm quite certain 11 that Garrison Litigation may have a copy or 12 perhaps there is one in -- well, I think 13 there's -- there may be one there. 14 Q. What is Garrison Litigation? 15 A. Garrison Litigation is a wholly-owned 16 subsidiary of EnPro that manages our asbestos 17 litigation. 18 Q. What is EnPro? 19 A. EnPro is a parent company of Garlock 20 Sealing Technologies. 21 Q. So there's a separate affiliated 22 company that manages the asbestos litigation? 23 A. I'm not sure what you mean by separate 24 affiliated, but my understanding is they are a 25 wholly-owned subsidiary of -- probably of Alderson Reporting Company, Inc. 1111 i4th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 EnPro. Page 33 2 Q. Do you know why that structure exists? 3 A. I know that the -- I know that they're 4 there to manage our asbestos litigation. 5 Q. Do you know if there would be product 6 manuals that would go back to the time period 7 1955 to 1960? 8 A. Not that I've ever seen. 9 Q. Have they been looked for? 10 A. Well, I routinely look for 11 information, so I would say that I'm pretty 12 familiar with most all information that we 13 have. I never recall in my entire tenure with 14 the company having seen a manual that went past 15 1971. 16 And as to specifically whether I have 17 looked for them, I guess I can't honestly say 18 that I specifically looked other than I've 19 looked through all the information we have and 20 have never seen one. 21 Q. If they exist, do you know where they 22 would be? 23 A. No, I don't. 24 Q. So as far as you can tell right now, 25 the, the earliest product manuals that you Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 would have would be in 1971? Page 34 2 A. Yes, sir. 3 Q. You also mentioned catalogs and 4 brochures. I take it to some extent they would 5 describe the products. 6 A. Yes, they would. 7 Q. And do you know if catalogues and 8 brochures prior to 1971 exist? 9 A. Yes, they do. 10 Q. Where would they be? 11 A. In our -- perhaps in our public 12 warehouse, but also I'm sure Garrison 13 Litigation has either the original or copies of 14 those old catalogs such as they exist. 15 Q. Can you tell me -- describe the 16 difference between a catalog and brochure and a 17 product manual? What would be the substantive 18 difference in a general way between those 19 documents? 20 A. In a very general way a brochure, to 21 me, suggests a fairly limited, you know -- 22 perhaps a two-page, perhaps a multipage 23 document that is primarily used to provide 24 information on products that you offer. 25 A catalog would be -- certainly the Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 35 1 way they have been published in the past would 2 attempt to be a complete source of information 3 for all products that were offered at that time 4 by Garlock, typical information that a customer 5 would want; what is the product, what are the 6 specifications of the product, what materials, 7 medias, fluids and gases would that product be 8 suitable for use with or the base materials in 9 that product, those type of -- those -- that 10 type of information as well as -- well, that, 11 and perhaps some other technical data. 12 A product manual was a document that 13 was for internal use only that assisted people 14 probably at various levels, but certainly in 15 inside sales in understanding the proper code 16 to apply so that the order could be processed, 17 the various forms that the material was 18 available in, if it was available as a butt 19 cut, ring or double-cut ring, any critical 20 information about tolerances that the product 21 was manufactured to; perhaps the finishes of 22 the equipment that it was designed to go in and 23 information such as that. 24 Q. is it a fair characterization that 25 brochures and catalogs were intended for Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 36 1 customers, and product manuals were intended 2 for internal use? 3 A. I believe that's fair, yes, sir. 4 Q. Would there have been in the 1971 5 product manual any specific reference to 6 asbestos as it was used in the product lines? 7 A. Specific reference. If the, if the 8 product in the product manual contained 9 asbestos , it would have been referenced in the 10 manual, if you mean that as an example. 11 Q. Because it was a part of the product 12 itself? 13 A. Yes, sir. 14 Q. Would there have been any specific 15 reference in terms of dealing with health 16 aspects of asbestos in the product manuals in 17 1971? 18 A. I certainly wouldn't expect so, no. 19 sir. 20 Q. Okay. How about the catalogs and 21 brochures in 1971? Would there have been any 22 health references to asbestos in the catalogs 23 and brochures? 24 A. I wouldn't think so, no, sir. 25 Q. And would that be an accurate answer Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17> 2003 Page 37 1 for any of the prior catalogs and brochures 2 that you have seen before 1971? 3 A, What would be? 4 Q. Okay. Would there have been any 5 specific health reference to asbestos in any 6 catalog or brochure prior to 1971? 7 A. I don't believe so, no. 8 Q. And you've actually seen some of 9 those? 10 A. Absolutely. 11 Q. And you know from having seen them 12 that there are no such references? 13 A. I believe so, yes. 14 Q. Would there have been any type of 15 warnings at all in the catalogs and brochures 16 in 1971 of any kind? 17 MR. CONNOR: You're not limiting it 18 to asbestos? 19 MR. ZUYDHOEK: No. Any warnings at 20 all in the catalogs or brochures intended for 21 customers of any kind. 22 THE WITNESS: Well, warnings has kind 23 of taken on a different meaning to me since my 24 involvement in asbestos litigation, but 25 certainly there is information in the catalog Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 38 1 that might have -- I don't know if I'd 2 characterize it as a warning, but would talk 3 about the proper way to install a product and 4 check for -- to make sure that the sealing 5 surface was proper and so forth. I wouldn't 6 characterize those as warnings, however, but 7 you might. 8 BY MR. ZUYDHOEK: 9 Q. Well, when you say warnings has taken 10 on a different meaning for you, what is your 11 current meaning of warning? 12 A. I don't know if I have a meaning for 13 it, but it tends to refer to things such as 14 warning labels or caution labels, so that's the 15 context when I generally think about it. 16 Q. Okay. In 1971 in the catalogs or 17 brochures were there any warning labels or 18 caution labels at all? 19 A. Not that I recall, sir. 20 Q. And would that be true of anything 21 that you have seen prior to that time, as well? 22 A. Yes. 23 Q. And the products themselves are -- 24 were contained in some kind of packaging when 25 they were delivered to the customer? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 A. Yes, Page 39 2 Q, Would there have been any warnings at 3 all on the outside of any of those packaging 4 products ~ of the products? 5 MR, CONNOR: What time frame are we 6 talking about? 7 MR- ZUYDHOEK: 1971 when you started 8 with the company, 9 THE WITNESS: I don't believe so. 10 BY MR. ZUYDHOEK: 11 Q. And would that be true for any 12 packaging that you're familiar with prior to 13 1972 when you started with the company? 14 A. Yes, sir. 15 Q. And you've actually looked at some of 16 the earlier packaging and you know for a fact 17 that there are no warnings on that packaging? 18 A. Well, there is no packaging that I'm 19 aware of that exists prior to my employment 20 with the company. I'm not sure what packaging 21 still exists, but certainly the packaging 22 tended to remain pretty consistent over the 23 years or for a long period of time. 24 Q. What types of statements would be on 25 the packaging when you first started selling. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 40 1 selling this -- these product lines other than 2 I assume you'd have an identification of 3 Garlock of some sort? 4 A. Well, typically packaging would vary 5 from one type of product to the next, but many 6 products were shipped in a box and the box 7 generally would have, of course, the Garlock 8 name and other logo, and often would have -- if 9 the, if the packaging was specific to that 10 product, it would have some information on the 11 product itself in terms of the temperature and 12 pressure rating of the product, perhaps a very 13 limited explanation of the types of equipment 14 that it might go into, et cetera. 15 Q. Okay. Let's talk about the product 16 lines where you mentioned there was some 17 asbestos. Hydraulic seals. Would there have 18 been instructions for use of hydraulic seals 19 enclosed with the package? 20 A. I'm not certain. 21 Q. Okay. Would there have been -- there 22 would have been a label of some sort on the 23 outside of the package? 24 A. Generally, yes. 25 Q. Would the seals inside a box of Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 41 1 hydraulic seals, would they be packaged 2 separately? 3 MR. CONNOR: I'm not sure. You might 4 want to rephrase. Object to the form. 5 BY MR. ZUYDHOEK: 6 Q. How would, how would hydraulic seals 7 be shipped to a customer? What form would the 8 shipment take? 9 A. I believe there would be a variety of 10 forms that could take place depending on the 11 product and the size of the product. If the 12 product -- most shipments -- when I began with 13 the company in 1972 most of our customers were 14 independent distributors, and they were not 15 ordering -- generally speaking they weren't 16 ordering a single product at a time. 17 Generally, generally they would place 18 an order that covered a variety of items 19 perhaps a cross product line, perhaps within a 20 product line, and of course we would try to 21 consolidate and ship the material in the most 22 sensible method, which could be as many 23 different products as we could fit inside a 24 large shipping container or box. 25 So hydraulic seals were often sold as Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, KY April 17, 2003 Page 42 1 Chevron sets which would be a top and bottom 2 adaptor and a varying number of center rings or 3 Chevron rings, and they would be held 4 together ~ I'm not sure if we were using 5 plastic ties at that point in time or not. 6 Then they might have been - placed in the 7 situation I'm describing them. They might be 8 placed in a box with paper around it or wrapped 9 in paper. 10 So there could be in one box a number 11 of different sizes. Other sets were quite 12 large. And might have been in a box all by 13 themselves or perhaps -- I'm not certain of 14 this, but perhaps shipped without being in a 15 box, but I can't tell you that for certain. 16 Q. How many distributors were there in 17 1972 when you started with the company? 18 A. I really don't know. 19 Q. Was there a specific distributor whose 20 territory would have included Western New York? 21 A. Yes. 22 Q. And was that the only distributor in 23 Western New York? 24 A. I don't know. I don't believe so. I 25 think even in 1972 there may have been more Alderson Reporting Company, Inc, 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 43 1 than one distributor covering Western New York. 2 / Q- Okay. Who was the -- what are the 3 names of the distributors covering Western New 4 York that you can remember in 1972? 5 A. In 1972 I can remember Queen City 6 Rubber. 7 Q. Any others? 8 A. Well, there have been other 9 distributors who -- we had a classification 10 where we had distributors that we considered 11 general line. They handled all of our 12 products . And other distributors who may have 13 only offered certain products. 14 So there may have been other 15 distributors handling certain products whose 16 names are not familiar to me. I believe 17 Buffalo Rubber may have been a distributor, but 18 I' m not certain of that. 19 Q. Is Queen City in Buffalo? 20 A. The Greater Buffalo area, yes. 21 Q. Do you know when you started in 1972 22 how long this distributor network had been in 23 use by Garlock? 24 A. Well, I think it's generally correct 25 to say that in the late '60s, perhaps 1968, Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 lames Heffron Rochester, NY April 17, 2003 Page 44 1 Garlock began to go from direct sales to sales 2 through independent distribution. By the time 3 I started in 1972, that activity was -- that 4 transition was complete. 5 Q. Okay. And between 1955 and I960, 6 would it have been direct sales as opposed to 7 through distributors? 8 A. Yes, sir. 9 Q. Do you know who would have been -- 10 would there have been a specific person inside 11 of Garlock assigned to the Western New York 12 area for sales between 1955 and 1960? 13 A. I don't know if that individual would 14 have been assigned to the western area of New 15 York exclusively, but I'm certain that there 16 would have been an individual who provided 17 coverage to that area. 18 Q. Do you happen to know who it would 19 have been? 20 A. No, I don't. 21 Q. Is there any way to find that out? 22 A. There are no records that go back that 23 far, so I believe no. 24 Q. When you say no records that go back 25 that far, you mean there are no company Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 45 1 documents at all between 1955 and 1960? 2 A, I'm not sure that I could say that 3 because there are documents that I review 4 periodically that could be in that time frame. 5 I'm not *-- I don't recall anything 6 specifically, but I'm saying in terms of sales 7 records, the oldest sales records go back to 8 1974. 9 Q. Okay. And so you are able to say 10 right now that there are no sales records 11 existing of Garlock between 1955 and 1960? 12 A. That1s correct. 13 Q. And you've specifically looked for 14 sales records in that time frame and 15 ascertained that there are none? 16 A. I've looked for sales records. I 17 wouldn't say that when I searched for the 18 records that I was necessarily looking for '55 19 to '60, but part of my responsibilities have 20 been to familiarize myself with the records 21 that exist, particularly sales records, and 22 what the oldest such records are, and the 23 oldest such records go back to 1974. 24 Q. When you say part of your 25 responsibilities, you mean part of your Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 46 1 responsibilities as a company witness? 2 A. Yes, sir. 3 Q. In asbestos litigations? 4 A. Yes, sir. 5 Q. Let's go back to packaging the other 6 product lines. Gaskets product line number 7 three. How would they have been packaged when 8 you started with the company? 9 A. Well, in all cases I guess I want to 10 say my memory as far as specific detail on how 11 the product was shipped in 1972 probably is not 12 as accurate as I would like it to be or as 13 detailed, but certainly -- 14 Q. I remember everything that happened in 15 1972. 16 A. Yeah, but in 1972 if it was -- I think 17 you said gaskets. So if it was a gasket. 18 anything from being shipped again in a box, you 19 know, a cardboard box along with other gaskets. 20 perhaps along with other products because again 21 we were trying to, to -- the word we used was 22 consolidate and consolidate our shipments to 23 the distributors and try to get them the best 24 freight possible by combining it with whatever 25 else was on the order or whatever else from Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 47 1 other orders that was due to ship. But it 2 would also be -- I would think they would 3 almost always be in a box. 4 Q. And sheet gaskets, would they be part 5 of product line number three? 6 A. Yes, sir. 7 Q. And would they be in a box, as well? 8 A. Well, it depends. No. Generally 9 sheet gaskets, product line three includes 10 rubber material, both homogeneous and fabric 11 reinforced. They would typically be shipped in 12 a roll. They would be considered rolled goods. 13 Some sizes and thicknesses of some 14 compressed asbestos sheet could be rolled and 15 shipped in a roll form. Generally the product 16 would be in a flat form and shipped perhaps on 17 a pallet, a wooden pallet. 18 Q. When shipped on a pallet, would they 19 be wrapped in some kind of container? 20 A. In 1972, I, I honestly don't know. I 21 certainly recall in later years when plastic 22 overpacking became popular seeing skids wrapped 23 in plastic. I don't recall in 1972 what may 24 have been done. 25 Q. Okay. The sheet -- the rolled sheet Alderson Reporting Company, Inc. 1111 i4th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 48 1 itself, would it have labels on it on the 2 outside of the, the roll? 3 A. The sheet -- if you're referring -- 4 there were several rolls. One would be a 5 rolled rubber good, but if -- regardless of 6 whether it was a rolled rubber good or a rolled 7 sheet of compressed asbestos, our products 8 typically were branded, so it would have 9 information -- I'm certain that the detail on 10 the brand name may have changed over the years, 11 but certainly it would have Oarlock's name, the 12 style number, the thickness of material. 13 Currently it ships -- other gasketing 14 material ships with the quarter of production, 15 the quarter of the year in which the production 16 occurred, but -- so I think you asked if there 17 was a label on there. I don't believe there 18 would be a label on the product, if we're 19 talking about 1972. But the product would be 20 branded on its outside surface. 21 Q. And, and rolled rubber goods, they 22 would have no asbestos in it? 23 A. Not to my knowledge, no, don't recall. 24 Q. And the other type would be 25 asbestos-containing rolled sheet gaskets? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 49 1 A- Could be non-asbestos. We make 2 compressed asbestos gasketing, or we did. 3 There were other sheet goods that were not 4 rubber that were sold in rolls or could have 5 been shipped in rolls that were not pure 6 rubber, nor were they -- did they contain 7 asbestos. They were vegetable fiber, cork 8 fiber are two typical ways of referring to that 9 product. 10 Q. And do you know why a customer would 11 want one type rather than another? 12 A. Well, the customer, in fact, is the 13 one that makes the decision typically on what 14 they purchase. All products have 15 specifications that are published for them, 16 whether it1s the amount of surface speed that 17 they can -- they're suitable for or the media 18 that they're resistant to, the types of 19 equipment, rotating versus reciprocating, for 20 instance, so the customer would choose a 21 product based on their application and their 22 needs. 23 Q. And part of being a salesman would be 24 to anticipate what the needs might be depending 25 on who the customer was? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 50 1 A. When you say anticipate the needs, if 2 you mean anticipate what product they needed, 3 perhaps not. But certainly part of our -- any 4 salesman's responsibility is to try to 5 understand what the customer's needs are in 6 general in a generalized manner or specific to 7 an application should they ask for our input. 8 Q. What type of application would call 9 for asbestos sheet gaskets as opposed to rubber 10 sheet gaskets? 11 A. Well, I can't give you -- we didn't 12 sell it specific for applications. We sold our 13 products based on the temperature, the pressure 14 capability, perhaps the general media 15 resistance. 16 Again, as we look at the products, 17 they're designed for various types of 18 applications, so in rotary applications, 19 surface speed would be a consideration, so -- 20 but asbestos -- I can say asbestos is obviously 21 a very, very versatile product, so it, it 22 covered a wide range of temperature 23 capabilities, a wide range of fluid resistance 24 and was used for a lot of, a lot of different 25 applications but not sold just for one specific Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 application. Page 51 2 Q. And how would the expense compare 3 between a roll of asbestos sheet gaskets and a 4 roll of rubber sheet gaskets? Which would be 5 more expensive? 6 A. I don't honestly know. I think the -- 7 within all of the product groups, Garlock tried 8 to make a wide range of products available, so 9 we would make commercial grade rubber 10 products -- utility grade might be another word 11 that would be used -- all the way up to very 12 premium grade materials of silicone or viton. 13 Likewise with compressed gasketing 14 including compressed asbestos there was a -- 15 product was offered in a range from commercial 16 grade to, to more premium grades. So I don't 17 think I can really do a very accurate portrayal 18 of one price level versus the other. 19 Q. I take it the premium grade would be 20 more expensive. 21 A. Yes, I would think so. 22 Q. And did you say the commercial grade? 23 A. Commercial or utility grade. Both 24 terms have been used. 25 Q. And that would be the least expensive? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 A. Yes, sir. Page 52 2 Q. And it would vary? Depending as 3 between asbestos and rubber you couldn't say 4 one was more expensive than the other? 5 A, No, I couldn't, no. 6 Q. I take it part of your sales training 7 was to. to know pricing? 8 A. Yes, sir. 9 Q. And to deal with customers? 10 A, Yes, sir. 11 Q. And in fact, after you were trained as 12 a salesperson you did deal with customers? 13 A, Yes, I did. 14 Q. Did you ever deal with du Pont? 15 A. I believe so, yes. 16 Q. Did you ever deal with du Pont in 17 Niagara Falls? 18 A. I don't specifically recall. I 19 believe I have been to that plant, but it would 20 be many years ago, and I don't specifically 21 recall it. 22 Q. And can you tell me what your 23 responsibilities were when you went to the 24 plant? 25 A. Well, if I was there, it would have Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 53 1 been in my capacity as MRO salesman from 1976 2 to 1979, so Queen City Rubber was one of my 3 distributors 4 Often I would call on accounts at the 5 request of our distribution, although I 6 obviously called on customers by myself. Du 7 Pont is a name, of course, that's very familiar 8 to me because they have been a supplier to 9 Garlock and a -- they*re a very well-known 10 company throughout the world so -- 11 Q. And what is it that du Pont supplied 12 to Garlock? 13 A. Elastomer, the rubber compound or the 14 raw elastomer powders and so forth that are 15 used both in the rubber sheet, the homogeneous 16 rubber as well as the, the elastomers that are 17 used as binders in compressed gasketing. 18 Certainly they have sold us over the 19 years Teflon resin, I'm sure, at various types 20 and grades. I'm not sure what their 21 terminology is, but what I would call Teflon 22 suspensoid or something like that. It would be 23 Teflon that is in solution that is used as a 24 lubricant that's added to braided packing. 25 Those are a few I can think of. There Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-8QO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 54 1 may be other chemicals and so forth that 2 they've supplied that I'm not familiar with. 3 Q. Okay. Have you specifically looked to 4 ascertain what it was that du Pont supplied? 5 A. No, I have not specifically looked. 6 Q. You just know that based on your 7 experience in sales? 8 A. And in customer service, and in 9 manufacturing and my other responsibilities, I 10 understand that du Pont -- I recognize them as 11 a supplier and someone that we have purchased 12 product from. 13 Q. In your work with Garlock, have you 14 also dealt with suppliers specifically? 15 A. Yes, not as extensively but certainly 16 I've dealt with suppliers, yes, sir. 17 Q. Let's talk first about what you recall 18 about dealing with du Pont as a customer as 19 opposed to a supplier. Can you describe the 20 Niagara Falls plant of du Pont? 21 A. No, I cannot. 22 Q. So you know no recollection of, of 23 anything about the facility itself? 24 A. I really don't, no, sir. 25 Q. Can you describe any du Pont plant Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 that you have visited? Page 55 2 A. When you say describe it, for 3 instance, there is a plant called the 4 Washington Works I believe which is in West 5 Virginia that I probably have been at some time 6 in the last twenty years. I know that they 7 make Teflon. 8 Beyond that, du Pont typically doesn't 9 escort you throughout their plant to show you 10 everything that they're doing. You generally 11 meet in a purchasing area or somewhere else 12 that's not generally, at least to my 13 recollection, out in the plant itself. 14 Q. Did you visit the West Virginia plant 15 for the purpose of du Pont as a customer or the 16 purpose of du Pont as a supplier? 17 A. Du Pont as a customer. 18 Q. Okay. How about the, the du Pont 19 plant in Tonawanda, New York? Did you ever 20 visit that? 21 A. I think so, yes, sir. 22 Q. Can you describe it? 23 A. Well, I'm not sure which one I'm 24 describing now, but there was a du Pont plant 25 in the Greater Buffalo area that I recall at Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 56 1 that time making a -- like an artificial 2 marble. 3 Q. Corian? 4 A. Sounds right, and I'm not sure if 5 that's Tonawanda, if I've got that correct or 6 not, but that would be a plant that I 7 specifically remember -- I remember calling 8 there. I don't remember the details of the 9 call, but I do remember calling there. 10 Q- In the vicinity of the General Motors 11 plant? 12 A. That sounds right. 13 Q. And you have a specific recollection 14 of, of calling at that plant? 15 A. Well, I remember the, I didn't 16 remember the name but I remembered the Corian 17 material , yes. 18 Q. Okay. And is that-- would you 19 distinguish that from a lack of a recollection 20 of the details of the Niagara Falls plant? 21 A. Would I distinguish it -- 22 Q. You said you specifically remember 23 going to the plant where they manufactured 24 Corian. That's not the Niagara Falls plant. 25 Can you be as specific with respect to any Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 57 1 visitation to the Niagara Falls plant? 2 A. No, I can't. 3 Q. Okay. Do you remember the name of any 4 individual at the Niagara Falls plant who 5 worked for du Pont that you dealt with? 6 A. No, sir. 7 Q. Do you remember the name of any 8 individual at the Corian plant that you dealt 9 with? 10 A. No, sir. 11 Q. Do you remember the name of any 12 individual at du Pont at the West Virginia 13 plant that you dealt with? 14 A. No, sir. 15 Q. Can you give me the name of any 16 individual that you dealt with at du Pont on 17 any basis right now other than me? 18 A. Well, Jim Alexander called me last 19 week, or this week actually. No, it was last 20 week Friday. There's a -- Arnie Francis is a 21 name that I remember. 22 Q. Who's Jim Alexander? 23 A. Well, he has something to do with 24 du Pont elastomers, and I met him previously in 25 the fluid sealing association. But the Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 58 1 question that he had was not in my area and I 2 referred him to someone else* 3 Arnie Francis I recall from meeting 4 with him, I think I probably met with him as 5 in a supplier relationship, du Pont to Garlock. 6 There are several individuals whose 7 names I don't remember right now, Tom was the 8 gentleman's first name who handled the Kevlar 9 products for you and several other individuals 10 that I've dealt with on either elastomers, 11 probably not, you know -- my dealing generally 12 would not have been in depth with them as a 13 supplier, but perhaps brought in when 14 engineering was meeting with them or purchasing 15 was meeting with them. 16 And Ludman was the -- John Ludman or 17 something like that is -- I'm not sure of the 18 spelling -- used to be responsible for 19 du Pont's specifications, the SU specifications 20 is the best way I can come up with it. It 21 describes the various materials generically 22 that are approved by du Pont and specifically 23 lists the suppliers whose products meet those 24 specifications. 25 There are other individuals over the Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 59 1 years, but I don't recall their names, 2 Q. Are you talking -- with respect to all 3 of these individuals are you talking in terms 4 of the supplier relationship of du Pont or are 5 you also talking about the customer 6 relationship? 7 A. Both. 8 Q. Okay. And who would be the 9 individuals who you dealt with as on the 10 customer side with du Pont as a customer? 11 A. Tom Flynn -- with du Pont as a 12 customer. I'm sorry. John Ludman. He may be 13 retired, but only recently I would think in the 14 last five years or so. 15 Q. Where was he located? 16 A. Wilmington, I believe. 17 Q. And do you remember the product that 18 you would be talking to Mr. Ludman about? 19 A. I think I've talked to him in the past 20 probably, probably about compression packing; 21 what we call compression packing, product line 22 four. 23 There are other people 11m sure over 24 the years, but generally the salesman in that 25 area has the intimate knowledge with the Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 60 1 customer often in the capacities that I was in. 2 For instance, in marketing or in management I 3 would be brought in to assist with some 4 function, some call on the customer, but the, 5 the real relationship and the personal 6 knowledge existed either with our distributor 7 or with our sales representative. 8 Q. And when you were talking to 9 Mr. Ludman, were you talking to him about 10 specific purchases or some other aspect? 11 A. I think it would be probably a very 12 generalized conversation about products that 13 Garlock manufactured that -- and their status 14 in terms of approval by du Pont to the 15 specifications I referred to earlier. 16 Q. As opposed -- he wasn't actually 17 purchasing individual items but he was looking 18 for specification information so that Garlock 19 could be specified by du Pont? 20 A. I would say that would be correct, 21 yes, sir. 22 Q. Let's go back to packaging now and 23 talk about product line four. Compression 24 packing and you mentioned braid* What does 25 braided mean? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 61 1 A. Braided packing is -- there's a number 2 of terms that are used or have been used in the 3 past fairly extensively throughout the 4 industry. The compression packing really kind 5 of describes the way braided packing works. 6 It works by being compressed by the 7 gland follower. Braided packing tends to 8 describe the method that's used to manufacture 9 the product which is to place spools of 10 material on a braiding machine. And as the 11 machine turns, the spools spin and braids the 12 product in some respects similar to the method 13 a woman would use to braid her hair but 14 obviously a little more sophisticated than 15 that. 16 Q. For example, interweaving strands 17 would be the braiding? 18 A. That's a, that's a type of terminology 19 that's used, yes. Interweaving tends to 20 suggest a more -- a stronger but flexible 21 braid. We refer to it as interlock -- I mean 22 as Lattice Braid. That's the Garlock trade 23 name, and I believe that would be analogous to 24 interlocking. 25 Q. Now, what would a customer use Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 62 1 compression packing or braided product for? 2 A* The most typical applications would be 3 to seal the stuffing box area of a centrifugal 4 or rotary pump. It would also be used 5 extensively to seal a stuffing box area of a 6 valve, sealing against the stem of the valve 7 and the ID of the stuffing box. There are 8 other applications, but those would be the, the 9 vast majority of the applications. 10 Q. And how would the product line four be 11 packaged? 12 A. Well, it was available in a variety of 13 materials and constructions. And even though 14 we generally referred to it as braided packing, 15 all the packings were not braided. 16 For instance, even today we sell 17 flexible graphite die form rings that are made 18 out of the pure graphite as a compression 19 packing item, but it's not a braided packing. 20 Likewise we sold fabric and rubber 21 materials that are slit essentially from a slab 22 of fabric and rubber. So depending on the type 23 of product we're talking about, generally since 24 most of the product was braided, it would be 25 placed on a spool. A spool would be a cylinder Alderson Reporting Company, Inc. nil 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 Janies Heffron Rochester, NY April 17, 2003 Page 63 1 with two ends to it, like a spool of thread, 2 let's say, and the packing would be wound 3 around like you would wind up a hose, a 4 gardening hose, around a spool, but it also 5 could be placed inside a box and coiled rather 6 than spooled, 7 I mentioned the fact that the product 8 could be made into rings. In a case like that 9 the material would be formed into a ring set 10 and would be held together with paper, perhaps 11 waxed paper, or perhaps plastic nowadays. 12 Q. And there would be labels on the -- if 13 they were packed in boxes, there would be 14 labels on the boxes? 15 A. And on the spools, as well, yes, sir. 16 Q. Okay. The other asbestos-containing 17 line you mentioned was expansion joints. 18 Describe that, please. 19 A. Well, I mentioned I believe that there 20 probably -- in '72 there may have still been 21 some expansion joints that used -- that had 22 asbestos in them, but that wasn't very typical. 23 But an expansion joint is either made 24 completely out of rubber, but generally it is 25 made out of fabric and rubber, and the fabric Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 64 1 might be nylon or dacron. It could be cotton 2 years ago, not used very much today. It might 3 be a Kevlar, reinforced fiberglass cloth. 4 In all cases the cloth has a rubber 5 added to it. It's either frictioned in, which 6 means that it's driven into the product, or 7 it's calendared onto the product into whatever 8 thickness it needs to be, but we're talking ten 9 to fifteen thousandths I would think, and that 10 material is wound around a mandrel along with 11 rubber until a flexible rubber connector is 12 made. 13 The product or expansion joint 14 typically has two flanges that look like the 15 flanges that they mate up against that are 16 generally made out of the metal, and therefore, 17 they have holes in them. And the bolts from 18 the flanges go through the flange of the rubber 19 expansion joint. 20 And then there is generally an arch 21 that's built into the expansion joint or a 22 bridge, if you will, and the purpose of that is 23 to provide flexibility, compression or 24 elongation to allow for any deflection that 25 occurs in the pipeline to be absorbed or Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 transmitted. Page 65 2 Q. Okay. And you mentioned du Pont 3 supplied I think you mentioned Teflon and 4 Kevlar. Do you have any knowledge of any 5 asbestos that du Pont supplied to Garlock? 6 A. I don't believe they were an asbestos 7 supplier, no. They -- to my knowledge they 8 never supplied Garlock any asbestos-containing 9 materials. 10 Q. And in, in -- when you started in 11 1972, who did supply Garlock with 12 asbestos-containing materials? 13 A. There's three major suppliers. Bell, 14 JM and Lake. Those probably are not their full 15 names, but -- 16 Q. JM being Johns-Manville? 17 A. Yes. 18 Q. And how did they -- let me start back 19 with your training program. Did you get any 20 kind of tour of the manufacturing operation of 21 Garlock when you started with the company? 22 A. Yes, sir. 23 Q. Were you ever involved in 24 manufacturing? Was manufacturing ever a 25 responsibility? . Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 A. Yes, sir. Page 66 2 Q. Okay. When did you first become 3 involved in manufacturing? 4 A. In terms of responsibility? 5 Q. Yeah. 6 A. Approximately October of 1987. 7 Q. Okay. But could you -- are you able 8 to describe the manufacturing operation that 9 went on when you started in 1972? 10 A. I think so, yes, sir. 11 Q. Was it fundamentally different than 12 the manufacturing operation that was -- you 13 became familiar with once you had that 14 responsibility in the late '80s? 15 A. Fundamentally I would say no, sir. It 16 was fundamentally the same. 17 Q. Was it fundamentally different than it 18 would have been ten years prior to when you 19 started? 20 A. Well, Garlock had three quarters of a 21 million square feet of manufacturing space, so 22 that encompasses an awful lot of different 23 operations, but if you were to look at things 24 like the manufacturing of compressed 25 non-asbestos or asbestos sheet, generally that Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 67 1 process is the same today as it was many years 2 ago. 3 Braided packing would be another 4 example. Although the equipment has changed 5 somewhat over the years, the basic process 6 that's used to create a braided packing 7 remained , to my knowledge, pretty much the 8 same. 9 Q. Okay. You mentioned how many million 10 square feet does Garlock have? 11 A. Seven hundred fifty thousand is what I 12 should have said. I'm not sure, but I meant 13 seven hundred fifty thousand square feet. 14 Q. Is that just at Palmyra or is that 15 Palmyra and other places, as well? 16 A. That was just Palmyra. 17 Q. Were there any other manufacturing 18 facilities of Garlock other than Palmyra? 19 A. Yes. 20 Q. And who would they have been? 21 MR. CONNOR: '72 or anytime? 22 BY MR. ZUYDHOEK: 23 Q. In 1972. 24 A. There was a plant in Canada, a 25 manufacturing facility in Canada; essentially Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 68 1 Toronto, Canada. There was a manufacturing 2 facility in Sydney, Australia. There was a 3 manufacturing facility in Mexico City, Mexico. 4 Any Garlock operation? 5 Q. Right. 6 A. Because there were operations that 7 were Garlock -- known as Garlock but were not 8 involved in manufacturing packing of gaskets, I 9 believe. 10 Q. Warehousing, for example, I take it 11 would be something different. 12 A. Yes. 13 Q. And you would have warehousing in many 14 different places depending on where your 15 customers were. 16 A. There have been warehouses throughout 17 our history to the best of my knowledge, yes, 18 sir. 19 Q. Okay. But let's just focus on 20 manufacturing facilities when you started. 21 You've got Palmyra was that the largest? 22 A. Yes. 23 Q. And, and in terms of size, how would 24 you characterize Palmyra as compared to the 25 others? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 69 1 A. Palmyra would kind of be the mother 2 ship. All of the -- virtually all of the 3 products, if not all the products that were 4 offered by Garlock were manufactured in 5 Palmyra. 6 The other operations were smaller. 7 Some of them, like Mexico City, manufactured 8 most of the same products that we do. Canada 9 was a bit smaller than Garlock of Mexico. They 10 would have made fewer products but many of the 11 products that we manufacture. 12 We had a plant in Gastonia, North 13 Carolina that made spiral wound gaskets in 14 1972, and I'm not certain of the size. I have 15 visited the plant, but I don't recall 16 specifically their size. They would be smaller 17 than Palmyra. 18 And there was an operation in Camden, 19 New Jersey that manufactured Teflon products; 20 molded machined valves that were made out of 21 Teflon. Those were the other operations that I 22 can recall right now. 23 Q. And, and the mother ship is what you 24 called Palmyra. How long had the mother ship 25 existed when you started in 1972? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 70 1 A. Well, Garlock was formed first in I 2 believe 1887. I'm not sure what -- I think it 3 was in Port Gibson at the time, and I'm certain 4 that whatever structure no longer exists, but I 5 believe as early as 1905 when Garlock was 6 incorporated in Palmyra, New York that some of 7 the buildings that exist today existed at that 8 point in time. 9 Q. How many buildings are there in 10 Palmyra? 11 A. Well, that gets a little tricky 12 because there are, there are numbers assigned 13 to what you and I would appear to be a single 14 building. There might be one more number, but 15 I think generally it would be correct to say 16 there's somewhere in the neighborhood of 17 twenty-six buildings. 18 Q. Is that currently? 19 A. Yes, sir. 20 Q. In 1972 the same, more, less? 21 A. I think in 1972 I don't recall us 22 having -- other than building an annex which 23 then, of course, may, in fact, carry a 24 different building number, to my knowledge I 25 believe in 19 -- the, the facility as it exists Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 71 1 today and the number of buildings is unchanged 2 since 1972. 3 Q. Any of those buildings have asbestos 4 in them? 5 A. How so? 6 Q. Involved in the construction of the 7 building. Any of them asbestos-containing? 8 A. I don't know if any of them contain 9 asbestos today, sir, no. 10 Q. Are you aware of, since you've been 11 employed with the company of any asbestos 12 removal that's gone on in those buildings? 13 A. Yes. 14 Q. And was that asbestos removal 15 conducted by Garlock or others? 16 A. The only time I can think of it was an 17 outside contractor. 18 Q. Okay. And what time can you think 19 that that was done? 20 A. I think I saw a notice -- I guess I 21 should say that I'm not certain that was the 22 only time, but I think I saw a notice as 23 recently as the last two years of a building 24 that I entered that may have had asbestos 25 removal taking place at that time. . Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPQ Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 72 1 Q. So we're talking in Palmyra about 2 twenty-six buildings in 1972? 3 A. Yes, sir. 4 Q. Would that have been any different in 5 1955 and 1960? 6 A. I don't know. 7 THE WITNESS: May I take a break? 8 MR. ZUYDHOEK: Sure. That means I 9 get one, too. 10 (Whereupon, a recess was then taken.) 11 MR. ZUYDHOEK: Back on the record. 12 Mr. Heffron, anytime you need a break just 13 mention it and we'll be happy to accommodate 14 you. 15 (Whereupon, the above-requested 16 question was then read by the reporter.) 17 BY MR. ZUYDHOEK: 18 Q. In 1972 in the Mexico plant how many 19 buildings would there have been? 20 A. I don't know. 21 Q. Would you know that for any of the 22 other plants? 23 A. Not accurately, no, sir. 24 Q. * And I think you mentioned all of the 25 products were manufactured in -- at the mother Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 ship in Palmyra; is that correct? Page 73 2 A. Yes* 3 Q. And did that -- has that continued as 4 you've worked for the company, all of the 5 products have continued to be manufactured in 6 Palmyra? 7 A. The, the manufacture of compression 8 packing or braided packing was moved from 9 Palmyra to Sodus, New York, S-O-D-U-S, in 1975 10 or 1976. So compression packing was 11 manufactured in Sodus until 2002, and it has 12 since been moved to Sherbrooke, Quebec, Canada. 13 Q. Okay. I think you said that expansion 14 joints, you stopped using asbestos in them at 15 some point in time? 16 A. Yes. I believe that asbestos was used 17 at one time as the fabric and rubber 18 construction that's -- that typical 19 construction, and I know that the use of 20 asbestos cloth as a reinforcement was 21 discontinued. I can't really pinpoint 22 specifically when. 23 Q. Do you know why? 24 A. Other cloths were available. Other 25 types of materials were available, man-made Alderson Reporting Company, Inc, 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 74 1 fibers that -- generally expansion joints are, 2 are not in high temperature service- The 3 limitation is the rubber or the elastomer 4 itself. 5 It's typically there for noise 6 dampening, vibration elimination, to be able to 7 take the compression elongation that occurs in 8 a pipeline as temperatures rise and fall or as 9 pressure is increased or decreased. 10 So it really -- many of the attributes 11 of an asbestos material are its temperature 12 resistance, its, its media resistance and so 13 forth, and they're really not that appropriate 14 or required in an expansion joint. 15 Q. Would it, though, have been more 16 expensive to use asbestos expansion joints than 17 alternative expansion joints without asbestos? 18 A. I really don't know. 19 Q. Do you know of any specific reason for 20 eliminating asbestos from the expansion joint? 21 A. Specific reason? No, sir. 22 Q. Were -- was asbestos eliminated at 23 some point time from the compression packing 24 line? 25 A. Yes, sir. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 Q. When? Page 75 2 A. The conversion or the, the elimination 3 of asbestos-containing compression packings 4 pretty much took place in -- starting in 1980, 5 I believe it would be accurate to say that 6 we're talking about the Palmyra manufacturing 7 facility , actually, or the Sodus manufacturing 8 facility , and I think my -- sometime in 1982 9 there were no asbestos-containing graded 10 packings being manufactured. 11 Q. Can you tell me why? 12 A. There were more substitutes. There 13 were -- substitutes were more readily available 14 in the compression packing area than they were 15 in some other areas. 16 Q. Was there any health reason at all 17 having to do with asbestos that was part of the 18 decision to eliminate it from compression 19 packing? 20 A. No, sir. 21 Q- Asbestos in gaskets, product line 22 three. Has that been eliminated? 23 A. Yes, sir. 24 Q. When? 25 A. December 31st of 2000, I believe. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 76 1 Q. You have a specific recollection of 2 that being the date? 3 A- Well, I was the -- in September of 4 2000 I took on the responsibility of the sales 5 and marketing -- the marketing for industrial 6 gasketing which includes compressed gasketing 7 and included compressed non-asbestos gasketing. 8 So I, I wrote the letter of cancellation, so I 9 think that's a pretty accurate date. 10 Q. What were all of the reasons for the 11 elimination of asbestos from, from the gasket 12 product line? 13 A. It was a very small part of our 14 business by 2000. 15 Q. Did any part of that reason have to 16 with health? 17 A. I don't believe so, no, sir. 18 MR. COMERFORD; Did you say health? 19 MR. ZUYDHOEK: Health. 20 MR. COMERFORD: Okay. I'm sorry. 21 BY MR. ZUYDHOEK: 22 Q. Has asbestos been eliminated. from 23 hydraulic seals, product line one? 24 A. Yes, sir. 25 Q. When? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 77 1 A. The dates of all of the 2 asbestos-containing products that we 3 manufactured and the date that we ceased to 4 manufacture them is in a document that's been 5 prepared previously, so I don't have the dates 6 specifically memorized for hydraulic 7 components- It was a -- it was a smaller 8 portion of our sales and, and so I can't really 9 give you an exact date. 10 Q. Why was it eliminated? 11 A. Other materials were available. Other 12 synthetic materials were available that made 13 their substitution possible. 14 Q. It had nothing whatever to do with 15 health? 16 A. I don't believe so, no, sir. All of 17 our products were encapsulated products. 18 Q. Were you part of the decision-making 19 team to eliminate asbestos from these product 20 lines? 21 A. The decision-making team, I would say 22 no. I was part of the group that worked on 23 evaluating substitute materials specifically in 24 compression packing. 25 I was in compression packing from 1979 Alderson Reporting Company, Inc. 1X11 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 78 1 until the spring of 1981, and so it was in that 2 time frame that we discontinued the 3 manufacturing of asbestos-containing braided 4 packing. So I was actively involved in the 5 development of substitutes and their evaluation 6 and introduction and so forth, but the 7 decision-making process, I would say no. 8 Q. And, and who would have been part of 9 the decision-making process to eliminate 10 asbestos from the product lines? 11 A. Well, I don't think there was any -- 12 there was never any formal announcement or any, 13 or anything such as that, but I'm certain that 14 the management of our company would have been 15 involved in that decision, I assume. 16 Q. Did you ever discuss with anyone 17 specifically in the management of the company 18 the elimination of asbestos from the product 19 lines? 20 A. Well, not using the terms that you're 21 using. What we did -- certainly I did discuss 22 with the, the vice-president, general manager 23 that I reported to in compression packing. I 24 would have discussed it with him. 25 Q. Who was that? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17> 2003 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. Ernest Kunhen. Page 79 Q. How do you spell that? A. K-U-N-H-E-N, I think. Q. Is he still alive? A. I believe so. Q. Still employed? A. No, sir. Q. Still lives in the area? A. Not to my knowledge, no, sir. Q. Do you know where he lives? A. He may have live in Indiana. Q. Let's go back to the discussion. What was the discussion you had with him on that subject? A. Well, the -- I don't remember anything very specific, but I reported to Mr. Kunhen, and I was responsible for the introduction of the -- all the non-asbestos products that were developed in that time frame. So discussions from -- my, my belief is our discussions would have been around how we're doing, do we have -- what's the schedule for introduction, how are the field evaluations of the product going, because typically we would send the product out -- products out to a Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 80 1 customer that we're developing, new products 2 for evaluation. Those type of, those type of 3 discussions I'm certain took place, 4 Q. And at any point in time when any of 5 these products were eliminated were there 6 lawsuits pending against the company for 7 asbestos-related injuries? 8 A. Well, I really wasn't aware of any, 9 but my, my understanding is that the first 10 lawsuits alleging exposure to or disease from 11 exposure to Garlock products occurred somewhere 12 in the '70s, middle to late '70s, so if your 13 question is were there any lawsuits, I don't 14 know of any, but I assume that there would be. 15 Q. Had you already testified in any 16 lawsuits involved with asbestos-related 17 injuries at the point in time when the asbestos 18 product lines were eliminated? 19 A. No, sir. 20 Q. How about Workers' Compensation 21 claims? Were there any Workers' Compensation 22 claims pending before the 1970 -- before 1971, 23 1972? 24 A. Any Workers' Compensation of any type? 25 Q. Claiming asbestos-related injuries. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 81 1 MR. COMERFORD: You said pending. 2 BY MR. 2UYDHOEK: 3 Q. I'm sorry. Were there any Workers' 4 Compensation claims that claimed 5 asbestos-related injuries prior to 1971 that 6 you've become aware of? 7 A. The first Workers' Compensation case 8 that fits that description I believe would have 9 been in 1947. 10 Q. And who would that have been? 11 A. The name escapes me right now. I do 12 know it. 13 MR. COMERFORD: It's a woman. 14 THE WITNESS: Vera Clemons. I'm 15 sorry. 16 BY MR. 2UYDHOEK: 17 Q. How did you find out about Vera 18 Clemons' compensation claim? 19 A. I'm certain it didn't take place until 20 my involvement -- my beginning of my 21 involvement to act as the company corporate 22 representative in asbestos litigation, so 23 sometime since, since 1997, I believe. 24 Q. Okay. So you've been the company 25 corporate representative in asbestos litigation Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-80O-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 since 1997? Page 82 2 A. No. 3 Q. Okay. When did you first testify as a 4 witness in connection with asbestos claims? 5 A. September of 1999, I believe. 6 Q. Okay. Vera Clemons' claim, was that 7 successful or unsuccessful? B MR. CONNOR: Object to the form. 9 MS. CATALANA: Object to the form with 10 respect to that. 11 BY MR. ZUYDHOEK: 12 Q. I don't if he'd recognize it but was 13 any money awarded as a result of Vera Clemons1 14 claim? 15 A. Again, I don't know the answer to 16 that. I do believe that it was found that Vera 17 Clemons, who worked with the raw fiber in the 18 asbestos textile department, did have 19 asbestosis. So that the -- what the proper 20 terminology is and what monetary exchange may 21 have taken place, I don't know. 22 Q. Maybe I can help you out with a 23 document. 24 (Whereupon, Heffron Exhibit 2, a 25 document entitled Worker's Compensation Claims, Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 l-BOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 was then received and marked for Page 83 2 identification.) 3 BY MR. ZUYDHOEK: 4 Q. Mr. Heffron I show you Exhibit Number 5 2. Is that a document that you're familiar 6 with? 7 A. Yes, sir. 8 Q. When was the first time you saw this? 9 A. I can't tell you for certain, but it 10 would have been sometime after 1997 when I was 11 advised of my -- the decision to have me act as 12 the company corporate witness. 13 Q. Did you have any role in the 14 preparation of this document? 15 A. No, I don't believe so. 16 Q. Have you -- 17 MR. COMERFORD: I'm sorry. I didn't 18 hear the last question. 19 MR. ZUYDHOEK: Did he have any role 20 in the preparation of it. 21 MR. COMERFORD: Thank you. 22 BY MR. ZUYDHOEK: 23 Q. And it mentions that it's updated 24 September 22nd, 1999. Do you see that? 25 A. Yes, I do. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 84 1 Q. Has it been updated after that? 2 A. I don't know, sir. 3 Q. Do you know who did prepare this 4 document? 5 A. Specifically, no, I do not. 6 / Q. Do you know what it was based on; how 7 it was -- the information that * s contained in 8 it was found? 9 A. I think -- generally I think I'm 10 generally familiar with it. It comes from the 11 Workers' Compensation records, but how 12 specifically it's -- the information is 13 gathered, I do not know. 14 Q. Do you know if the records are the 15 records of Garlock or the records of an 16 insurance company? 17 A. I don't know. 18 Q. Do you know whether or not the 19 records -- the document is accurate? 20 A. Well, I believe it to be accurate 21 through the date that it was updated, yes, sir. 22 Q. And you do not know who prepared it? 23 A. Specifically, no. I believe it was 24 prepared by Garrison Litigation, but that's -- 25 no, I don't know specifically. * Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 85 1 Q. Okay. Do you know any of the 2 individuals that work for Garrison Litigation? 3 A. Do I know any of them? 4 Q. Yeah. 5 A. Yes, sir, I do. 6 Q. How many, how many employees of 7 Garrison Litigation are there? 8 A, Somewhere in the neighborhood of 9 eleven or twelve, I believe. 10 Q. And who was in charge of Garrison 11 Litigation? 12 A. Paul Grant, Jr. 13 Q. Brand? 14 A. Grant, G-R-A-N-T. 15 Q. Where is he located? 16 A. Here in Rochester, New York. 17 Q. And what, what facility or what 18 location? 19 A. Garrison has a, an office in the HSBC 20 building here in Rochester. 21 Q. I recognize those initials. Okay. 22 Are you familiar with any of the claims-that 23 are itemized here; any of the individual 24 claims? 25 MR. CONNOR: I just want to object to Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 the term familiar. Page 86 2 BY MR. ZUYDHOEKs 3 Q. Do you know any of the -- any details 4 at all about any of the claims that are 5 itemized on this document, Heffron Number 2? 6 A. I wouldn't say that I'm ~ when you 7 say am I familiar with them, I believe that 8 some of -- I have reviewed some documents that 9 pertain to some of the claims. I've made no 10 attempt to memorize or remember anything 11 specifically, but for instance with Vera 12 Clemons, I'm certain that particularly early in 13 my involvement I'm, I'm pretty certain that I 14 looked at some documents that pertained to the 15 Vera Clemons' compensation case. 16 Q. And what types of documents did you 17 look at for her? 18 A. I really don't recall specifically 19 what they were. 20 Q. Anyone else who's, who's on the list 21 you can recall? 22 A. I believe that I may have looked at 23 documents pertaining to others on this list, 24 but I don't recall specifically who they would 25 have been. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 87 1 Q. Have you ever testified with respect 2 to any of the individuals, either in 3 compensation court or in litigation, that are 4 itemized on this list? 5 A. Not to my recollection, no, sir. 6 Q. Okay. The, the column headed dates, 7 what is meant by the -- looking at Vera 8 Clemons, for example, 1918 to 1943, what does 9 that mean? 10 A. Well, in the Vera Clemons case I'm 11 certain that that refers to the beginning - 12 the first year of her employment and the last 13 year of her employment. 14 Q. Okay. Any of the individuals here, do 15 you know any of them? 16 A. I knew David Thurley. I wouldn't say 17 that I knew him well, but I knew him by sight. 18 I knew Sam West, again, probably by sight. I 19 knew Omar Bailey. Those are the only 20 individuals that I believe that I knew. 21 Q. How many employees were there of 22 Garlock in 1971 when you joined the company at 23 Palmyra, for example? 24 A. I'm not certain. I believe at that 25 time that the number of employees would have Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 88 1 been in the area of two thousand, I believe. 2 Q. Now, is that total for the company or 3 just Palmyra? 4 A. I honestly don't know, sir. 5 Q. That's kind of a number that was out 6 there when you joined the company? 7 A. I believe so, yes. 8 Q. And how about currently? 9 A. I'm not -- the only numbers that I 10 would be familiar with would be the Palmyra 11 numbers, and even those I really don't deal 12 with anymore, but I would guess that the, the, 13 the head count would be somewhere in the area 14 of seven hundred fifty and perhaps less. That 15 number may have included the employees in Sodus 16 and that operation has since moved to Canada. 17 Q. Let's talk about Omar Bailey. How did 18 you happen to be familiar with him? 19 A. He was a compression packing 20 supervisor as is indicated under his job or 21 workplace, and so I worked specifically in our 22 compression packing department. We referred to 23 it as a division. It really wasn't, from a 24 legal standpoint, a division but the operation 25 in Sodus that made braided packing, he was a Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 89 1 supervisor, and I worked there from 19 -- 1975 2 and then '76 and then again from '79 to '81, so 3 that's when I would have had contact with him. 4 Q. Sam West, how did you know him? 5 A. I believe just through my involvement 6 over those years walking through the plant, 7 and, and as I said, I really didn't know him 8 well, but I knew who he was. 9 Q. With respect to Mr. West, it says 10 currently denied in litigation, and then that 11 would be, I presume, as of 9/22/99. Do you 12 know what the current status of that matter is? 13 A. No, sir. 14 Q. David Thurley, how did you happen to 15 know him? 16 A. He was -- one of the last jobs that he 17 had was a maintenance yard worker which means 18 he did anything from removing snow in the 19 wintertime to trimming trees in the spring. So 20 he was someone who was very visible when you 21 drove in and out of the plant. 22 Q. Do you know at what point in time in 23 his years -- and I take it it's '68 to '96 with 24 the company -- where he would have been exposed 25 to asbestos? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 90 1 A. It identifies the fact that he worked 2 with raw asbestos fiber. It doesn't say that, 3 but he worked in fiber prep which I believe is 4 an operation associated with asbestos textile 5 manufacturing, and -- 6 Q, Do you know what the current status of 7 this particular claim is? 8 A. I do not, 9 Q. Raw asbestos, under what circumstances 10 would he have been dealing with raw asbestos? 11 A. In the manufacturing of asbestos 12 textiles prior to making them into a cloth or a 13 tape or a yarn- Raw asbestos fiber is the base 14 material that you work with before you produce 15 a yarn. 16 Q. Okay. And you buy raw asbestos fiber 17 from those three companies that you mentioned? 18 A. We did, yes, sir. 19 Q. And is this in the textile department 20 that, that he would have done this? 21 A. That's my understanding, yes, sir. 22 Q. Okay. And what is done in the textile 23 department? 24 A. Well, there is no textile in Palmyra. 25 It was closed in 1975 or 1976. So I'm, I'm not Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 91 1 really that familiar -- it was my first two or 2 three years with the company. I had been in 3 the textile department, but did not work in 4 that area. 5 Q. So you saw what they did. 6 A. Yes, sir. 7 Q. What did they do? 8 A. Well, again, I didn't -- I wouldn't 9 pretend to be able to explain each operation 10 that occurs in textile manufacturing. 11 There was textile manufacturing that 12 included asbestos fibers that continued at our 13 plant in Sherbrooke Canada, and I saw that 14 probably on a closer basis. But essentially, 15 the fibers are going through a carding 16 operation, and it is where the fiber -- this is 17 my understanding in not having worked in that 18 area -- the fiber is being oriented, and it is 19 then being made into a, a yarn typically where 20 another fiber, often cotton, could even be 21 Teflon, could be fiberglass, but another, 22 another carrier, is typically the term that's 23 used, is being added to the asbestos fiber 24 itself to create strength and to put it in a 25 form where the material can be worked with Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 further. Page 92 2 Q. You said carding. Is that the term 3 you used? 4 A. I believe that's the correct term, 5 yes, sir. 6 Q. And is this part of the process of 7 getting raw asbestos fiber mixed in with other 8 things so that it can be made into the sheet 9 gaskets? 10 A. No, sir. 11 Q. Where does -- what -- when you're 12 doing the textile department, when they're 13 mixing those, where does it eventually go in 14 terms of your products? 15 A. I don't know if I would refer to as a 16 mixing, but in that the by-product of the 17 textile production would be either to take the 18 yarn and make it into a tubing, make it into 19 a -- weave it into a cloth or probably the 20 singlemost largest consumption for Garlock 21 would be to make it into a yarn from which a 22 packing could be braided. 23 Q. What is the process by which raw 24 asbestos gets manufactured and ultimately into 25 sheet gaskets? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 93 1 A. The process is to somehow transport 2 the asbestos fiber to a mixer, and I say 3 somehow because there's various methods that 4 have been used. 5 The most recent method was a vacuum 6 de-bagging process which I believe was 7 installed in the 1980s, where a bale of 8 asbestos wrapped in plastic, contained by 9 plastic is placed into a hopper. The lid 10 closes. The machine removes the bag. 11 The fiber is then -- I don't know if 12 it's fluffed up, but certainly the bale of 13 material is made into -- is broken down and 14 it's transported through an auger system to the 15 sheet mixers. 16 The mixers and the material is then 17 deposited in a mixer along with other 18 ingredients that are used to produce a 19 compressed asbestos sheet. Those ingredients 20 would be other fibers, perhaps other fillers, 21 elastomers or rubber. We use those words 22 pretty much interchangeably. 23 Things such as clay, accelerants and 24 curatives that are required for the elastomer, 25 and generally before the asbestos would be Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 94 1 dumped or deposited into the mixer, the other 2 ingredients have been mixed with a solvent to 3 solvate the rubber and to mix up the 4 ingredients prior to depositing asbestos fiber. 5 Q. And the, the process that Mr. Thurley 6 was involved in was what part of that 7 operation, if any part of that operation? 8 MR. CONNOR: Are you talking about 9 the gasket operation? 10 MR. ZUYDHOEK: Right. 11 MR. CONNOR: I don't think that's 12 what he described. Maybe you want to clear it 13 up. 14 BY MR. ZUYDHOEK: 15 Q. Did you just describe the process by 16 which you get to a compressed asbestos sheet? 17 A. I described a portion of it, yes, sir. 18 Q. Right. Was Mr. Thurley involved in 19 that process or was he involved in some other 20 process? 21 A. I believe he was involved in the 22 manufacturing of textiles which is a different 23 process. 24 Q. Would that have involved using this, 25 this mixer to, to -- this contained mixer to Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 95 1 get to before you go to the textile? 2 A. No, sir. 3 Q. What was that process then that he 4 would have been involved in? 5 A. I don't, I don't think -- I'm certain 6 that I can't accurately describe specifically 7 what Mr. Thurley did, but I'm certain that it 8 did involve the manufacturing of asbestos 9 textiles. What a fiber prep machine operator 10 was specifically, I'm unable to tell you. 11 Q. Did he deal with raw asbestos? 12 A. I believe so, yes, sir. 13 Q. As it came from the manufacturer? 14 MR. CONNOR: Manufacturer or - 15 BY MR. ZUYDHOEK: 16 Q. As it came from Johns-Manville. 17 A. It came from the mine, but I don't 18 know, I don't know where in the sequence of 19 working with the fiber he worked specifically. 20 For instance, there could have been a job that 21 worked with the raw fiber prior to it being in 22 his area, but I believe he worked with the raw 23 fiber. 24 Q. And how do you know that? How do you 25 know -- what do you base your belief on; just Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 96 1 this work description or based on something 2 somebody may have told you about his job? 3 A. Well, again, I, I know a little bit 4 about the textile operation because it was 5 there. I've tried to learn a little bit more 6 in my area of responsibility. I believe it's 7 part of what I have been told perhaps. I would 8 say that some of my knowledge would be based on 9 what I have been told. 10 Q. Told by whom? 11 A. I believe told by Garrison Litigation. 12 Q. About Mr. Thurley's role particularly 13 or just that process that -- 14 A. About his role specifically, I 15 believe. 16 Q. And what do you remember being told by 17 Garrison Litigation about his role? 18 A. Nothing specifically other than that 19 he worked with our asbestos textile. 20 Q. Did they tell you where he worked? 21 MR. CONNOR: You mean which location? 22 Which plant? 23 BY MR. ZUYDHOEK: 24 Q. Which location of which plant in which 25 building Alderson Reporting Company, Inc. 1111 i4th Street, N.W. Suite 400 1-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 97 1 A. If they did, I don't recall, sir. 2 Q. Do you recall if they told you whether 3 it was ventilated or unventilated where he 4 worked? 5 A. I don't recall that being discussed. 6 sir. 7 Q. Let's go back to when you started in 8 1972 and when you had your tour of, of the 9 manufacturing operation. Was the manufacturing 10 operation classified with certain names; for 11 example textiles? Was that part of the 12 manufacturing operation, the textile area? 13 A. Yes, sir. 14 Q. Okay. What are the others? 15 A. Hydraulics, high pressure sheet, the 16 press room. Since then it includes the gylon 17 department, G-Y-L-O-N, the expansion joint 18 department, did you say the -- any area, not an 19 area that was -- 20 Q. Right. 21 A. Whether it used asbestos or not? 22 Q. Right. 23 A. Cut gasket, shipping, Banbury, tubing, 24 and injection molding, Klozures, starts with a 25 K, K-L- O-z-u-R-E-S. It's a Garlock trade name. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 98 1 Those are the -- I believe the manufacturing 2 locations. 3 Q. You anticipated my next question. 4 Which of those involved asbestos? 5 A. I don't know whether Banbury would 6 have ever included asbestos, or tubing, but I 7 mentioned previously I believe at one time 8 there were expansion joints that utilized 9 asbestos as a fabric reinforcement. 10 The hydraulics area, the press room. 11 High pressure sheet, cut gasket -- compression 12 packing of course wasn't located -- was located 13 in Palmyra when I first started. Did you say 14 1972? 15 Q. Yes. 16 A. Compression packing. I think that's 17 it. If I said cut gasket -- I should have said 18 cut gaskets. 19 Q. You did. And I take it the, the -- in 20 each of those -- in each of those areas would 21 be separate facilities or separate areas where 22 the process went on; the manufacturing process 23 went on? 24 A. Separate, but many of the buildings 25 were joined. That's why it's difficult perhaps AJderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 99 1 to come up with the same count that we do 2 because it's very difficult -- while there1s a 3 wall between high pressure sheet and the press 4 room, but they're adjoined to one another. 5 Q. But there would be a definite area 6 where there were machines that were devoted to 7 that particular manufacturing process? 8 A. That's correct. 9 Q. And calling it manufacturing process, 10 is that an apt description? 11 A. Yes. We tended to talk about the 12 products from a sales standpoint as a product 13 group. 14 Q. Right. 15 A. But more than one type of 16 manufacturing could be used to make a product 17 group, so in the plant itself we tended to talk 18 about the manufacturing process in that area. 19 Q. And I presume that the way in which 20 asbestos was used in each of these areas where 21 it was used would be different in terms of the 22 manufacturing process. 23 A. The method to produce the product was 24 different. 25 Q. Right. And the, the gasket -- the Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 100 1 gasket line, would that have been in the high 2 pressure sheet? 3 A. That would be the area that we used to 4 produce both compressed asbestos and compressed 5 non-asbestos sheet. We called that high 6 pressure sheet. 7 Q. Okay. And would you describe what you 8 recall about that manufacturing process? What 9 did it involve? 10 A. well, I described some of it earlier. 11 It's the -- it's taking asbestos fiber as its 12 received typically in a bale, and it's then 13 adding that fiber, in the case of compressed 14 gasketing, to other raw materials that have 15 already been somewhat mixed and solvated. 16 The solvent that is used to break the 17 rubber down is toluene, and the asbestos would 18 then be dumped into the mixer. 19 The mixer was a large device on a 20 stand, a work stand that would be kind of a 21 clam shell design. In other words, it was 22 hinged in the top -- in the back and had a top 23 and a bottom. And it was designed to rotate 24 forward so that the dough, after having been 25 mixed, could be dumped into a dough cart. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 101 1 The inside of the mixer would have 2 stainless steel, I believe, mixing blades which 3 are opposed blades that pass around the inside 4 and contact the outside of the mixer itself 5 that is used to, to mix the ingredients 6 together until you form a homogeneous blend of 7 material that is the fibers and the fillers and 8 the elastomer into a dough-like material. 9 That material is then dumped into a 10 dough cart. That's a metal container on wheels 11 that transports the material from the mixer to 12 the sheeter. The sheeter is a, a large 13 rotating press. There are two large cylinders 14 that are rotating, and they have a small gap in 15 between them, and the dough is deposited 16 between those two rotating cylinders. 17 One of the cylinders is heated to 18 approximately -- several hundred degrees, and 19 the other cinder is cooled with water inside 20 internally. The dough sticks to the heated 21 roll. The material continues to be added to 22 the sheeter as the operator watches the 23 thickness gauge that is showing what the 24 current thickness of the material is on the 25 roll. Once the material has been properly Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 102 1 formed on the roll to the proper thickness for 2 the proper period of time, then the machine is 3 stopped. 4 A non-scoring knife like a brass tool 5 would be used to scribe across the sheet which 6 is now one solid piece on the roll, and it is 7 then removed from the roll and placed on a - 8 usually on a skid and transported to an area 9 close by where the material is then passed 10 through a, a brander, which puts the brand on 11 the product. 12 It's a ~ I'm not sure how you would 13 refer to it from a printing standpoint, but 14 it's a metal mat which has rubber attached to 15 it that picks up ink and adds it to the surface 16 of the sheet. And then that sheet then goes 17 through a drying operation. 18 Well, it goes through an anti-stick 19 treatment. There's various types of anti-stick 20 that have been used over the years. That is 21 sprayed onto the sheet on both the top and the 22 bottom. It goes through a drying process, and 23 then it may be slit up into smaller sheets, cut 24 up into smaller sheets or it can be shipped or 25 it can be sent to the gasket shop. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 103 1 Q. And did that process change from the 2 time you started until recently; that 3 manufacturing process that you just described? 4 A. If you look at the process itself, 5 some of the equipment is different. We have 6 different mixers in some cases. In fact, all 7 the mixers I believe are different today than 8 they were in 1972, and most of the sheeters are 9 different, but the -- if you were to look at 10 either an old mixer and a new mixer or an old 11 sheeter and a new sheeter they would look to 12 the layman I think to be pretty much the same. 13 Q. And when were the different mixers 14 added to the process? 15 A. I don't know specifically, but I think 16 in general it's true that in 19 -- about 1980 17 Garlock introduced a line of compressed 18 non-asbestos sheet. 19 As our sales grew as a result of that 20 product, we produced smaller -- we utilized 21 smaller equipment to mix the material because 22 the -- we needed more perhaps precise mixing 23 capabilities. And the sheeters themselves, we 24 began to purchase new sheeters, and that began 25 somewhere in that same time frame and continued Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 into the early *803, I believe. Page 104 2 Q. And the mixers and the sheeters, are 3 they machines -- pieces of equipment integrated 4 or separate? 5 A. They1re separate. 6 Q. And you actually call one a mixer and 7 another a sheeter? 8 A. Yes, sir. 9 Q. Okay. And who makes the mixers? 10 A. I know that some of the mixers are 11 Erich mixers, and I believe that's an E-R-I-C-H 12 or K. I'm not sure. I don't know who made - 13 I believe I've heard the name, but I can't 14 recall it right now, the name of the larger 15 mixers that were typically used when we were 16 producing more asbestos. 17 Q. What goes into the mixer on the, on 18 the front end? That operation, is that raw 19 asbestos or has that been mixed with something 20 before it gets to the mixer? 21 A. Well, there's other ingredients that 22 are involved in making a compressed gasketing. 23 Those materials have been deposited in the 24 mixer before the asbestos is deposited. Those 25 materials are thoroughly mixed and solvated Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 105 1 with toluene prior to the asbestos fiber being 2 added. 3 Q. But it's the raw asbestos that goes 4 into the mixer? 5 A. Yes, sir. 6 Q. And that gets in there mechanically or 7 by somebody doing it by hand or without 8 automation? 9 A. I described that operation a little 10 bit earlier. We added a vacuum de-bagging 11 process. I think it was in the early 1980s, 12 but I'm not positive. 13 Prior to that, I believe that the 14 material would have been received at the mixer 15 in a bale form. And I believe the method of 16 holding the bale together has changed over the 17 years. Burlap was a -- I believe was typical 18 through many of the years and that -- to the 19 best of my knowledge that bale would have been 20 deposited in the mixer -- 21 Q. So -- 22 A. -- manually. 23 Q. Opened by hand and deposited in the 24 mixer? 25 A. I don't know whether it was opened by Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 hand, but I believe that's correct. Page 106 2 Q. When you put the bag -- do you call it 3 a bagging system? 4 A. De-bagging system. 5 Q. De-bagging system? 6 A. Yes. 7 Q. That makes sense. So that means that 8 a machine actually opened the bale and 9 deposited the asbestos in there? 10 A. Yeah. A machine opened the bale under 11 vacuum, broke the bale down, and then I believe 12 it was an auger system that would then 13 transport the asbestos fiber to -- through a 14 pipeline to the individual sheeters directly - 15 I'm sorry, to the individual mixers, directly 16 into the mixer itself. 17 Q. And under vacuum meaning it would, it 18 would make sure all of the asbestos fiber got 19 into the mixer? 20 A. I was describing the de-bagger. The 21 de-bagger is under a vacuum, and I believe that 22 it would be just pulling a slight vacuum to 23 make sure that, that there was no release 24 outside of the bagger -- de-bagger itself. 25 Q. And that was introduced when? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17 2003 Page 107 1 A. I believe in the 19 -- early 1980s. 2 Q. And the de-bagger, would that have 3 been manufactured by Eric or Erich? 4 A. I don't believe so, no, sir. 5 Q. Do you know who manufactured that? 6 A. I don11. 7 Q. It would not have been something that 8 was made by Garlock? 9 A. No, sir, it would not have been. 10 Q. Okay. I think we've gotten through 11 the first area here. January '72 to October of 12 '74. In October of *74 your job changed? 13 We*re now looking at Heffron 1. 14 A. Yes. 15 Q. And what did you do? 16 A. In October of '74 until August of 1975 17 I left the employment of Garlock and worked for 18 Metropolitan Life Insurance. 19 Q. Oh. And you sold life insurance? 20 A. Yes, I did. 21 Q. Okay. And you left Metropolitan to 22 come back to Garlock? 23 A. Yes, sir. 24 Q. Why did you leave Metropolitan? 25 A. I didn't want to be an insurance Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 salesman. Page 108 2 Q. Good choice. All right. When you 3 came back to Garlock what did you do? 4 A. A very similar responsibility to what 5 I had previously in that I was working in what 6 was often referred to as inside sales, but 7 rather than handling all of our products and 8 their sale through our distribution network, I 9 was working as what we called an OEM sales 10 correspondent handling just a single product 11 line. 12 So I would have been responsible for 13 dealing with manufacturers who purchased 14 braided packing from Garlock for use in the 15 equipment that they manufactured. 16 Q. So this involved braided packing? 17 A. Yes, sir. 18 Q. Okay. And your next job then after 19 that would have been October of *76 to 20 September of *79? 21 A. Yes, sir. 22 Q. Would you describe that, please? 23 A. That was an MRO sales position. Well, 24 it's an outside sales position. It was 25 covering Upstate New York from Buffalo to Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 109 1 Utica, Massena down to Binghamton, and I would 2 be responsible for calling on end users in that 3 geography as well as supporting our independent 4 distributors in that area providing training, 5 either at the customer or the distributor 6 level, introducing new products, making -- at 7 the customer's request sometimes getting 8 involved in reviewing their equipment in their 9 plant, the specifics of that and making a 10 product recommendation by myself or with the 11 support of engineering. Those types of 12 activities. 13 Q. Your distributors at this time, did 14 they distribute exclusively for you or did they 15 distribute competitors' products, as well? 16 A. Well, they usually distributed a 17 complementing line of products that generally 18 did not include our competitors, but rarely did 19 a distributor handle only Garlock. Garlock 20 might have been -- might have received 21 prominence, but perhaps not exclusivity. 22 Q. Who were the competitors for Garlock 23 when you started in sales? 24 A. AW Chesterton, Johns-Manville, 25 Klinger, Nicolette, Raybestos Manhattan, Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 4001-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 110 1 probably Darko, Green Tweed, Hercules, Parker. 2 There were a lot of different competitors, and 3 they varied from one product group to another. 4 Q. Okay. Let's refine that a little bit. 5 On the gasket product line who were the 6 competitors? 7 A. JM was probably our biggest single 8 competitor, I believe. Nicolette was a 9 competitor. Durabla, who I think I failed to 10 mention earlier, was and is a competitor. RM 11 but to a lesser degree. Klinger. There were 12 other -- certainly other manufacturers, but 13 those are some of the major ones when it comes 14 to compressed gasketing. 15 Q. Okay. September *79 to April -- each 16 time within the company you go from one job to 17 another was it a promotion? 18 A. Sometimes yes, sometimes no. 19 Q. Okay. So sometimes it involved just 20 different responsibilities with the same -- 21 either the same title or the same salary? 22 A. Usually the salary was increased, but 23 the, but the -- for instance, MRO sales 24 correspondent is, is essentially the same job 25 as an OEM sales correspondent. I just handled Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 111 1 one line and dealt with one particular 2 customer* A sales position is obviously 3 something quite different than that* 4 Q. September of *79 to April of '81 would 5 you describe what you did? 6 A. I was responsible for the sales and 7 marketing. That was actually the title at that 8 time* We tend to refer to those positions now 9 strictly as marketing. 10 I would be responsible for working 11 with customers to identify their needs that 12 resulted either in the sale of existing 13 products or the development of new products, 14 the pricing associated with all of the products 15 that were considered compression packing, the 16 development of literature, training that we 17 would do for our sales force or for our 18 distributor network as it pertained to that 19 area. 20 Sometimes it did involve travel, 21 calling on end users, sometimes doing public 22 seminars, sometimes very small groups of 23 maintenance people at a particular location. 24 But it -- those type of activities. 25 Q. And, and your training role in '79 to Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 112 1 *81, how would you describe that in some more 2 detail? What did you do? 3 A. Well, Garlock was -- Garlock believes 4 that parts of its success has always been being 5 close to customers and developing products that 6 specifically fit -- met their needs. 7 So a large part of that training then 8 would revolve around the -- how a new product 9 differed from an existing product either in 10 terms of the installation techniques that were 11 used or the adjustment of the product or the 12 performance parameters of the product. 13 / So a lot of the training would revolve 14 around -- and of course our distributors were 15 adding people on a fairly regular basis as we 16 were. So it could be anything from working 17 with a new employee to providing them with an 18 in-depth understanding of the various types of 19 materials that we use, the constructions that 20 we used to produce our products, blocking 21 agents or lubricants that were added to the 22 product and what those attributes those 23 provided to the customer, to the product and 24 what, what value that brought to the customer, 25 how those products perhaps compared to the Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 113 1 composition, what markets might use those type 2 of products or specific applications within a 3 market where there would be a very specific 4 need for a product. 5 ^ Q* At some point in time were specific 6 warnings pertaining to asbestos added to the 7 product line of Garlock? 8 A. The first warnings on any Garlock 9 asbestos-containing product I believe was added 10 in approximately 1972. And that would have 11 been to the asbestos textile line which was a 12 very small portion of our sales because most 13 asbestos textiles became, with the yarn that we 14 produced, our braided packing from -- or the 15 cloth that we treated with rubber to produce 16 another product. 17 Q. Was that warning added at that point 18 in time when you were going through training in 19 1972? 20 A. It may have been, but I don't recall 21 it whatsoever. 22 Q. What were you told -- as a salesman 23 you would be dealing with, with people that 24 were receiving those warnings, correct? 25 A. Well, of course, in 1972 I wasn't a Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 salesman. Page 114 2 Q. Okay. 3 A. That's when the first warnings were 4 applied, so I really don't really recall 5 anything at that point in time. In 1977 we 6 added warnings to all of our 7 asbestos-containing products, and at that point 8 in time I was in sales. 9 Q. And were you given certain 10 instructions as to how to deal with those 11 warnings? 12 A. I don't recall any specific 13 instructions. Certainly it was communicated to 14 our sales force that we were -- that while we 15 were exempt, that Garlock had chosen to use the 16 existing OSHA warning and was going to apply it 17 to all of our asbestos-containing products. 18 The products that were required to 19 have a warning had a label applied to them in 20 1972. So we were told that the products that 21 we currently manufactured were encapsulated 22 products, that they were exempt from the OSHA 23 warning, but that regardless, Garlock was going 24 to provide a warning on those products. I 25 think that's probably about the extent of the Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 discussion at that point in time. Page 115 2 Q. And told by whom? 3 A. I don't really recall whom, but I 4 would think it would have been as a sales 5 individual. Most of my communication about the 6 products either came to me through the inside 7 sales correspondent that I worked with, like 8 the position that I had held early in my 9 career, or from the marketing department, so I 10 honestly don't recall specifically who told us, 11 but I believe we were told by either my sales 12 manager or the marketing department of the 13 product lines. 14 Q. who was your sales manager at that 15 time? 16 A. Bill Klotz, Wilbur Klotz. 17 Q. Was there a products liability 18 committee of Garlock? 19 A. Yes. 20 Q. Did they have some role in connection 21 with, with warnings of -- pertaining to 22 asbestos? 23 A. Well, I've reviewed some of those 24 meeting minutes. I was never part of that 25 committee. I believe it is accurate to say Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 that they were formed somewhere in Page 116 2 approximately 1976, but shortly thereafter 3 products liability became a national issue, and 4 it was required by Colt, and I have reviewed 5 some of their meeting minutes, and I believe it 6 was discussed, but I can't tell you the 7 context. 8 Q. Who's Colt? 9 A. Colt Industries was the company that 10 acquired Garlock, Incorporated in 1976. 11 MR. ZUYDHOEK: Would you mark that? 12 (Whereupon, Heffron Exhibit 3, a 13 document regarding product liability committee 14 minutes, was then received and marked for 15 identification.) 16 BY MR. ZUYDHOEK: 17 Q. Before we get to Heffron Number 3, who 18 did Colt acquire Garlock from? 19 A. Garlock was a publicly-traded 20 corporation at that time, so it was not held by 21 any other company at that point in time. It 22 acquired it from the shareholders of Garlock. 23 Q. Okay. And does Colt still own the 24 stock of Garlock? 25 A. No, sir. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 117 1 Q. How long did Colt continue to own the 2 stock of Garlock? 3 A. Colt Industries went private in the 4 late 1980s, I believe; approximately 1988. I 5 may not be correct, and it became Coltec 6 Industries. It was first -- it was one -- it 7 was during the time frame when leveraged 8 buyouts were popular. 9 And it was private for several years 10 and in approximately 1990, and I may not be 11 correct with that date either, Coltec 12 Industries became a publicly-traded company 13 again. 14 And then Coltec Industries was 15 acquired by B.F. Goodrich in July of 2000, I 16 believe. And B.F. Goodrich, of course, changed 17 its name to Goodrich and formed a wholly-owned 18 subsidiary called EnPro, and -- in 2002 I 19 believe, and Garlock is now a wholly-owned 20 subsidiary of EnPro Industries since 21 approximately July of 2002. 22 Q. Okay. Just so I understand, Goodrich 23 owns EnPro and EnPro owns Garlock? 24 A. No. 25 Q. Okay. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 118 1 A, Goodrich does not own EnPro. 2 Q. Did Goodrich spin EnPro off? 3 A. Yes, sir, 4 Q. So EnPro now just owns itself? 5 A. Yes, 6 Q, And other than Garlock what else does 7 EnPro have? 8 A. Many of the non- -- all of the 9 non-aerospace-related segments of Coltec 10 Industries, B.F. Goodrich, then Goodrich, 11 later Goodrich acquired Coltec Industries. 12 Manasco Landing Gear was part of Coltec 13 Industries as was Delavan Fuel Delivery 14 Systems, a name such as that. 15 And those two businesses continue to 16 be part of Goodrich in their aerospace 17 business. All other businesses, Fairbanks, 18 Morris Engine would be an example, Garlock 19 Bearings would be another example, Walbar would 20 be another example, there are other -- anything 21 that was part of Coltec Industries that wasn't 22 aerospace related is part of EnPro Industries 23 Q. Okay. And the relationship between 24 EnPro and Garrison Litigation, EnPro owns 25 Garrison, as well? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 lames Heffron Rochester, NY April 17, 2003 Page 119 1 A. Garrison is a wholly-downed subsidiary 2 of EnPro. 3 Q. Okay. And does Garrison perform 4 services for anyone other than Garlock? 5 A. I believe so. 6 Q. Are they also -- those others, are 7 they also EnPro subsidiaries? 8 A. To the best of my knowledge, yes, sir. 9 Q. Are all of them involved in asbestos 10 litigation? 11 A. I don11 know. 12 Q. Okay. Let's go to Heffron Exhibit 3. 13 You mentioned you had reviewed some of the 14 minutes of the product liability committee. Is 15 this one of the sets of minutes that you 16 reviewed, Heffron Exhibit 3? 17 A. Well, I'm not certain, but it could 18 very well be. 19 Q. There is in this, on the first page, 20 a, a warning with respect to asbestos 21 specified. Is that the warning that you were 22 referring to previously? 23 A. It looks like the, the OSHA warning, 24 and that is the warning that we used, so I 25 believe this is the same warning. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-BOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 120 1 Q. Okay. Now, I think you also mentioned 2 that you were using a warning for a few years 3 prior to 1977. Was that right from, from '72 4 on? 5 A, Yes, sir. 6 Q. And that was on what? 7 A. That would have been on any -- on our 8 asbestos textiles. 9 Q. Okay. And was that warning in terms 10 of language similar to this one or was it 11 different? 12 A. I believe it was identical. It's -- 13 this, I believe, is the standard OSHA warning, 14 and although the encapsulated products were 15 exempt from it, this is the warning that would 16 apply to products like textiles, and it's the 17 same warning used for both groups of products. 18 Q. And was it your understanding that it 19 was the products liability committee that 20 decided to put the warning on in 1977? 21 A. I don't honestly know. It was more my 22 perception that ultimately the decision was 23 made by the president of the company who at 24 that time was George Townsend, but it's also my 25 perception that he received input from the Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-80O-FOR-DEPO Washington, DC 20005 James Heffrou Rochester, NY April 17,2003 Page 121 1 members of this committee, but there was -- 2 Q. I see that he's not ~ well, I'm 3 sorry. He's not listed as in attendance at 4 this particular meeting. 5 A. No, he is not. 6 Q. Was he a member? Do you know? 7 A. I don't know. 8 Q. The individuals that are listed, could 9 you tell me what, what positions they held? 10 MR. CONNOR: In 1977? 11 MR. ZUYDHOEK: In 1977. 12 THE WITNESS: I don't know who 13 G* Barlis was. 14 BY MR. ZUYDHOEK: 15 Q. Or is? 16 A. Or is. Michael Burdulis was at that 17 point in time ~ I believe he was the manager 18 of accounting in compression packing. And John 19 Guffey probably was responsible for our 20 compression packing division. 21 Rick Guild was in accounting for the 22 Palmyra operations. Mr. Holmes I believe was 23 also in the finance department. Mr. Keep was 24 in the expansion joint department. Mr. Kunhen 25 I believe at that time was in Palmyra, possibly Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 122 1 responsible for hydraulics* Mr* Leroy was in 2 engineering. Mr. Lynn I believe was an 3 attorney, a Garlock attorney. 4 Mr. Panarites was in human resources. 5 Mr. Schaefer, I'm uncertain whether he had 6 sales or marketing, but given the fact that 7 Mr. Stay was there, I would say Mr. Schaefer 8 probably had manufacturing responsibilities, 9 and Mr. Stay was responsible for sales and 10 marketing. 11 Q. And I see near the bottom of the page 12 it says Mr. Stay was assigned the 13 responsibility of seeing this label was on all 14 advertising of asbestos products. That would 15 be consistent with his marketing role, I take 16 it. 17 A. Yes, sir. 18 Q. And Mr. Stay, is he still employed? 19 A. No, sir. 20 Q. Are any of these individuals still 21 employed? 22 MR. CONNOR: When you say still 23 employed, by Garlock? 24 THE WITNESS: No, none of them are 25 employed by Garlock. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 BY MR. ZUYDHOEK: Page 123 2 Q. Do you know whether any of them are 3 still alive? 4 A. Well, some of them are individuals I 5 think that we talked about earlier. Perhaps 6 not. Certainly Mr. Burdulis. Mr. Guffey is. 7 Mr. Guild is not. Mr. Holmes, I don't know. I 8 believe Mr. Keep is. Mr. Kunhen I believe is. 9 Mr. Leroy is. I don't think Mr. Lynn is. 10 Mr. Panarites is. I believe Mr. Schaefer is. 11 And I believe Mr. Stay is. 12 Q. Looking over on page two, paragraph B small D says it was suggest that letters be 14 sent to all our distributors stating the 15 following, quote, enclosed please find caution 16 labels which we strongly recommend that you, as 17 our distributor, pass on to all end users of 18 our products containing asbestos, unquote. Do 19 you know whether that was done? 20 A. I believe it was done, yes. 21 Q. Would you have been part of the 22 process of doing that? 23 A. No, but I would have been a salesman 24 at that point in time, and I do believe that 25 the caution labels were provided to our Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 distributors, as well. Page 124 2 Q. There are two alternatives for, for 3 labels; one caution, two danger. And then it 4 says, quote, from a marketing point of view it 5 was suggested that the number one phrase be 6 used for all labeling. Do you remember that 7 decision? 8 A. Well, I wasn't part of the decision. 9 No, I don't remember it. I do know that we 10 chose to use the, the approved OSHA caution 11 label. I do recall that we were exempt from 12 it, and I believe that may have been -- I was 13 not part of the decision-making process 14 certainly. 15 Q. Do you recall being exempt -- do you 16 recall that at the time or do you recall that 17 now that you've been designated as a company 18 representative in litigation? 19 A. I've known it for so long, certainly 20 my knowledge has not been simply since I've 21 been designated as the responsible person. I 22 believe it goes back to the period of time in 23 which we first added it or shortly thereafter 24 when I was in marketing, but I can't really put 25 a time frame on it, but I do know that it isn't Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 just since I've had responsibility. Page 125 2 Q. what is your understanding of why 3 Garlock was exempt from it? 4 A. Because the products that we were 5 manufacturing were encapsulated and that the 6 OSHA regulations were such that they 7 specifically identified those products as being 8 exempt. 9 Q. Specifically identified encapsulated 10 products or specifically identified Garlock 11 products? 12 A. Encapsulated products. ] Q. And by encapsulated what is your 14 understanding of that? 15 A. Well, my understanding is 16 encapsulation refers to a variety of methods 17 that can be used to, to coat or treat or 18 enclose or encapsulate the product. 19 It could be a Teflon suspension. It 20 could be grease or graphite. It could be 21 rubber. It could be a product that had a metal 22 jacket that completely covered it. But those 23 are some of the methods. 24 Obviously in the, in the case of a 25 compressed gasketing, it's the rubber. The Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 126 1 product looks a lot like linoleum when you're 2 done, so there's a -- very much a rubber, a 3 rubber finish to it, and all those would 4 describe encapsulation as I understand it. 5 Q. And am I right, is encapsulation meant 6 to prohibit the release of asbestos fibers? 7 A. Well, the encapsulation -- the, the 8 product is manufactured to perform a certain 9 function. And in order to perform that 10 function, it has to have a specific 11 construction. 12 And for instance, in rotating packing 13 it's very typical to have an outside surface 14 lubricant on the product when you -- because 15 the whole object of the packing is to install 16 it with the stuffing box and then compress it 17 with a gland and prevent fluid from leaking out 18 between the rotating shaft and the impeller 19 into the pump. 20 So there is a lot of heat that's 21 generated in attempting to do that, and that 22 frictional heat is dissipated by lubricant. So 23 the encapsulation is a by-product of the 24 manufacturing process. It happens that as a 25 result of having done that, the fibers are Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 127 1 encapsulated, but that, at least from my 2 vantage point, isn't the purpose of that 3 construction. The purpose is to make a product 4 that will work in the applications that it's 5 designed for. 6 Q. So in terms of the manufacturing 7 process you made an encapsulated product? 8 A. Yes. 9 Q. And all of your asbestos was 10 encapsulated? 11 A. No, I don't believe all of them were. 12 Q. Okay. 13 A. The asbestos textiles that we produced 14 which we primarily consumed ourself, some of 15 those were not encapsulated. Most of them were 16 because they were treated with rubber compound 17 so that they could be made into a gasket, but I 18 wouldn't say all of our products were 19 encapsulated. 20 Q. All of the gasket products were 21 encapsulated? 22 A. Yes, sir. s/Q. Now, the, the textile production that 23 24 you consumed yourself, tell me about that 25 process. What, what was involved there? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 128 1 A. Well, textiles describes -- at least 2 from my layman's understanding, the textile 3 describes taking a fiber and making it into 4 something; cloth, yeah, a shirt, tape, tubing. 5 So -- and actually the method used for 6 asbestos I believe was the woolen process, and 7 it was originally developed for wool. So those 8 are pretty typical in the textile manufacture 9 of cloth and so forth. 10 And in the case of a braided packing, 11 in order to produce a packing you needed to 12 have a spool of yarn which, for all practical 13 purposes, is thread, but obviously it's a 14 much -- much thicker than a sewing thread and 15 often made up of a number of strands of 16 material. 17 So a textile operation would produce 18 yarn in a form that it could be put on a spool 19 or a bobbin which I believe is what it was 20 probably put on to begin with. Often that 21 material was then soaked in lubricant, 22 dissipating the heat and reducing frictional 23 heat at start-up, and having a blocking agent 24 in the body of the product so that it 25 controlled leakage was very important. Alderson Reporting Company, Inc, 1111 14th Street, N.W. Suite 400 1-8QO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 129 1 So usually asbestos braided packings 2 had a -- but not always, had a lubricant added 3 to them while they were in the yarn stage. 4 The, the cloth would be weaving cloth like 5 typical textile operation, and then that cloth 6 eventually was treated with rubber. It might 7 be a neoprene or SBR or nitro rubber, and those 8 products were intended to have enough rubber on 9 the surface so that they were tacky. 10 And that term simply means that they 11 will stick together so that the product can 12 then be made into other things such as Chevron 13 packing where cloth is folded and formed so 14 that it can be placed in a mold. It has rubber 15 treatment on the surface which is providing the 16 encapsulation, and it gets heated under 17 temperature and pressure and formed into a ring 18 which is used for sealing. 19 That same cloth could be wrapped 20 around on itself over and over again and then 21 calendared so that it makes a, a packing that 22 consists of fabric and rubber, and then again 23 it's usually treated with an elastomer or, I 24 mean, a lubricant. That same fabric could be 25 used as reinforcement in an expansion joint. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 . Page 130 1 although as I mentioned earlier it was not that 2 typical- Those are some of the uses of a 3 textile4 Q. Okay- So your textile cloth comes out 5 of the textile department and gets used in the 6 compression packing area? 7 A- Could be. 8 Q. Okay- Or the expansion joint area? 9 A. Could be. 10 Q- But not the gasket area? 11 A. Well, there were a few -- there was a 12 popular form of gasket called a boiler gasket 13 which was asbestos textile treated with 14 neoprene rubber. So it was encapsulated, and 15 that was sometimes formed or folded into a 16 gasket, a handhole gasket or a manhole gasket. 17 A boiler inspection plate would be where it 18 might go 19 So that would be the only example I 20 can think of where an asbestos textile would 21 form a gasket, and that was not a very 22 popular -- it was not a product that Garlock 23 sold very much of. There were other 24 manufacturers who were much more significant in 25 that area. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 131 1 y/O- Okay. I think what, what I hear you 2 saying is that no product left Garlock that 3 wasn't encapsulated- No asbestos-containing 4 product 5 A- Essentially. 6 Q. So the encapsulation process with 7 respect to braided product occurred in the 8 compression packing area? 9 A. Yes, sir. 10 Q. And the encapsulation process with 11 respect to expansion joints occurred in the 12 expansion joint process? 13 A. Or perhaps earlier because the cloth 14 was treated with rubber, and there was an area 15 that did that called mill and calendar. So the 16 dry cloth would have rubber added to it in that 17 department and then be used by the expansion 18 joint department. 19 Q. So the products leaving Garlock being 20 encapsulated were -- there was no asbestos 21 fibers, as you understand encapsulation, coming 22 off of them once they were shipped; is that 23 correct? 24 A. Yes, as I understand it, yes, sir. 25 Q. And you talked about encapsulation in Alderson Reporting Company, Inc, 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 132 1 terms of the manufacturing process, and you 2 also talked about encapsulation in terms of 3 OSHA. And I take it that OSHA is referring to 4 encapsulation meaning they1re not releasing 5 asbestos fibers to the air. 6 MR. CONNOR: I'm object to what OSHA 7 thinks. 8 THE WITNESS: Yeah. I quote honestly 9 have never actually read the OSHA regulation. 10 I've been around it many times. So it's my 11 understanding that OSHA identified friable 12 materials and materials that were encapsulated. 13 There may be other categories as well 14 that I'm not knowledgeable of; and that the 15 compressed gasketing production that Garlock 16 manufactured and the braided packings, for 17 instance, were encapsulated forms that fell 18 under that designation that was developed by 19 OSHA. 20 BY MR. ZUYDHOEK: 21 Q. And what do you mean by friable 22 material? 23 A. Well, Garlock made no friable 24 materials,but mylayman'sunderstanding is 25 simply that afriablematerial issomething Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 133 1 that will create or release dust in the 2 handling of product. I don't know if that's 3 the technical term or not, but that's my 4 perception. 5 Q. And is the reason that Garlock 6 products were not friable because they were 7 encapsulated? 8 A. I don't know if those two things go 9 together. I know that our manufacturing 10 process resulted in the encapsulation, but my 11 perception of a lot of the friable products are 12 they are completely different types of asbestos 13 and they're different, like building materials 14 and insulation materials, none of which Garlock 15 ever manufactured. 16 So I wouldn't want to get caught up in 17 trying to characterize or identify friable very 18 accurately because I have no experience or 19 knowledge in that area. 20 Q. Okay. When did you first hear the 21 term friable? 22 A. I don't honestly know. 23 Q. When your mother was cooking fish? 24 A. I don't know. 25 MS. CATALANA: Lunch is here. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 134 1 MR. ZUYDHOEK: That's fine. 2 MS. CATALANA: If this is a natural 3 breaking point. 4 MR. ZUYDHOEK: I'd just as soon stay 5 in here. 6 (Whereupon, a recess was then taken.) 7 BY MR. ZUYDHOEK: 8 Q. Back on the record. Mr. Heffron, did 9 you review any documents to prepare yourself to 10 testify today? 11 A. Yes. 12 Q. Would you tell me what you reviewed? 13 A. I reviewed the deposition notice. I 14 reviewed -- there were several letters that had 15 been exchanged between Morris & Morris and the 16 plaintiff's firm. I believe I saw a couple of 17 those. 18 MR. COMERFORD: That had to take 19 hours to get through. 20 MS. CATALANA: If I can just state to 21 counsel that they were letters supplementing 22 our disclosures to your firm. 23 BY MR. ZUYDHOEK: 24 Q. Okay. 25 A. I briefly reviewed some of our Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 135 1 previous answers to interrogatories/ not on 2 this case but in other cases or on another 3 case, I guess I should say; the standard 4 interrogatories. I think that's it probably. 5 Q. Okay. Did you bring any documents 6 with you specifically to disclose at the 7 deposition? 8 A. I didn't, no, sir. 9 Q. Okay. 10 MR. ZUYDHOEK: Why don't you mark 11 that. 12 (Whereupon, Heffron Exhibit 4, 13 Defendant Garlock Inc.'s objections. Answers 14 and Responses to Plaintiff'S Master Set of 15 Interrogatories and Request for Production, was 16 then received and marked for identification.) 17 BY MR. ZUYDHOEK: 18 y/ Q. Let me show you Exhibit 4. You said 19 you reviewed answers to interrogatories. Is 20 that a copy of the document that you reviewed 21 to prepare yourself to testify? 22 A. No, I don't believe so. 23 Q. Would the substance of that particular 24 document be similar to what you reviewed to 25 prepare yourself to testify? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 136 1 MR. CONNOR: Object to the term 2 similar. You might want to -- okay. 3 MR. ZUYDHOEK: Off the record. 4 (Discussion off the record.) 5 MR. CONNOR: Just so the record is 6 clear, obviously counsel has marked as Heffron 7 4 according to the title it's Defendant Garlock 8 Inc.'s objections. Answers and Responses to 9 Plaintiff's Master Set of Interrogatories and 10 Request for Production, and this is in the 11 District Court of I think it's Bexar, 12 B-E-X-A-R, County, Texas. 13 THE WITNESS: Without taking a lot of 14 time, they would appear to be a -- Texas to me 15 always seems to have some additional complexity 16 or detail that may not be, so there's -- I 17 certainly have reviewed previously other 18 answers to interrogatories that were in the 19 State of Texas. 20 MR. ZUYDHOEK: I'll ask for 21 production right now of the answers to 22 interrogatories that he reviewed to prepare 23 himself to testify today. 24 MR. CONNOR: Okay. 25 MR. ZUYDHOEK: Okay. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 137 1 MR. CONNOR: I mean, I can tell 2 you -- I don't know. I have what's in this 3 case, but -- 4 MS. CATALANA: I was going to say the 5 only thing I provided him with is our, our 6 responses in this case as well as some letters. 7 MR. ZUYDHOEK: I meant -- I must have 8 misunderstood you, Mr. Heffron. 9 MS. CATALANA: This is what we went 10 over. 11 MR. COMERFORD : I'll be back. 12 MR. CONNOR: We can attempt to clear 13 it up. 14 MS. CATALANA: That was something that 15 we produced to du Pont . There you go. That's 16 what it is. 17 MR. CONNOR: I thought it was all 18 this case, but that's not the title in this 19 case. 20 MS. CATALANA: Right. 21 MR. ZUYDHOEK: Okay. Now I know 22 what, now I know what you referred to. That's 23 fine. 24 MR. CONNOR: It was given to him in 25 this case, but it's titled -- just to make it Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 138 1 clear, what we're referring to now, it's from 2 the Supreme Court of the State of New York, 3 County of Erie. It's from the Eric Spangenburg 4 case, Erie County, plaintiff's notice to take 5 deposition with document production, and this 6 apparently was produced. 7 MS. CATALANA: Well, actually these 8 were not produced along with that deposition, 9 but they were brought to the deposition by 10 plaintiff's counsel and used in that manner. 11 These were not produced at that deposition by 12 Garlock. 13 MR. ZUYDHOEK: At what deposition? 14 MR. CONNOR: Spangenburg. That's why 15 I'm referring to them as Spangenburg because 16 these were exhibits that were reviewed during 17 the course of that deposition with Mr. Heffron. 18 MR. ZUYDHOEK: Okay. 19 BY MR. ZUYDHOEK: 20 Q. But now let's focus on Exhibit 4, and 21 if you turn to page five, please. In terms of 22 the answer, do you see, Mr. Heffron, it says, 23 these interrogatories answers have been 24 reviewed and signed by James Heffron? That's 25 you. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 A. Yes, sir. Page 139 2 Q. And do you remember reviewing and 3 signing interrogatory answers to 4 interrogatories in a Texas case? 5 A. Sir, there have been several occasions 6 in which I have reviewed and signed, so I don't 7 have any specific recollection of this, or when 8 it was produced, but I have no question that I 9 reviewed it. 10 Q. Okay. In, in -- on page five in that 11 answer there's a sentence in the middle of the 12 page that says, quote, the documents reviewed 13 by Mr. Heffron in conjunction with the 14 preparation of these interrogatory answers 15 include, one, previously filed discovery 16 responses filed by Garlock including answers to 17 interrogatories and responses to requests for 18 production of documents; two, deposition and 19 trial testimony previously provided by Garlock 20 employees in asbestos-related litigation. And 21 then there's some more itemizations, as well. 22 Focusing on two for the moment, I take 23 it you have, in the past, reviewed deposition 24 transcripts in conjunction with your role as 25 the designated corporate representative in Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 asbestos litigation. Page 140 2 A. Other depositions, other employees 1 3 depositions? 4 Q. Right. 5 A. Yes, sir. 6 Q. And I presume you also reviewed your 7 own deposition transcripts, have you not? 8 A. A few times, yes, sir. 9 Q. Have you reviewed a deposition 10 transcript of Mr. Thurley? 11 A. Not that I recall. 12 Q. Okay. Have you -- tell me about the 13 cases that you've actually testified in either 14 in deposition or trial. How many are there? 15 A. Well, I can't give you any absolute 16 detail because I don't tend to retain that, but 17 I can tell you that generally I would say that 18 I've probably testified in six to eight trials 19 and probably an equal number of depositions 20 starting in September of 1999. 21 Q. Has anybody testified as the corporate 22 representative other than yourself since that 23 time? 24 A. I'm not certain. I believe that there 25 has been -- there has been one or two instances Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 141 1 where I' ]m not sure.whether or not Mr. Whittaker 2 or Mr. Jewett testified, but I know -- I recall 3 a couple of times when I was unavailable or 4 something like that, so it's, it's possible. I 5 can't tell you specifically. 6 Q. When was the last time you 7 testified -- 8 A. In -- 9 Q. -- in an asbestos case. 10 A. A deposition, for instance? 11 Q. Yes. 12 A. Approximately two weeks ago. 13 Q. Where was that? 14 A. Here in Rochester. 15 Q. In what case? 16 A. I believe it was Caffey, which I 17 believe is spelled C-A-F-F-E-Y. That may not 18 be the correct name. Again, I don't attempt to 19 memorize that kind of information, but it was. 20 in fact, two weeks ago. I believe on the 1st 21 of April is the actual day that I testified. 22 MS. CATALANA; If I can help you out 23 counsel, he said it was in Rochester. He 24 testified in Rochester, but I do not believe 25 that that was a New York State or Rochester Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 142 1 case. I believe it was an out-of-state case. 2 THE WITNESSs That's correct. 3 BY MR. ZUYDHOEK: 4 Q. Where was the case pending? 5 A. Texas, but I'm not sure what county. 6 Q. Have you received the transcript from 7 that deposition? 8 A. No, sir. 9 Q. Are you going to sign it and -- review 10 and sign it when you receive it? 11 A. I don't recall being asked, so I would 12 say that not to my knowledge. 13 Q. Do you maintain your own copies of 14 transcripts where you've testified? 15 A. NO. 16 Q. The time before that when did you give 17 testimony, either trial or deposition? 18 A. Probably in November of last year in 19 Newport News, Virginia. 20 Q. And the name of that case? 21 A. I don * t know. 22 MR. CONNOR: I can help you out. I 23 tried that case. It was a mass consolidation 24 of twelve hundred and ninety-six plaintiffs, so 25 there was no specific plaintiff. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 143 1 MR. ZUYDHOEK: I bet it started with 2 an A. 3 MR. CONNOR: Twelve hundred and 4 ninety-six names were read to the jury to make 5 sure no one was related to them. It's on the 6 Newport News shipyard. All cases were out of 7 there. 8 MR. ZUYDHOEK: This document on page 9 seven refers to an Exhibit B to the answers to 10 interrogatories. In the exhibit that has been 11 marked there is no Exhibit B, but if I could 12 find it. 1*11 dig it out. /13 (Whereupon, Heffron Exhibit 5, a 14 document containing a listing of styles that 15 Garlock manufactured that contained asbestos. 16 was then received and marked for 17 identification.) 18 BY MR. ZUYDHOEK: 19 Q. Mr. Heffron, I show you Exhibit 5. 20 Are you able to identify it? 21 A. Yes. 22 Q. What is it? 23 A. It's a listing of styles, styles that 24 Garlock manufactured that contained asbestos. 25 It lists a style number, the type of product. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 144 1 the type of asbestos used in that product, a 2 calculation of the percentage of asbestos made 3 by weight of the product, the type of binder. 4 We've been talking about elastomers and rubber, 5 and they are used to bind the product together 6 in a compressed sheet form, and the last -- the 7 date or the year rather when it was last 8 manufactured. 9 Q. Okay. Now, when would this exhibit 10 have been prepared? Are you able to say that? 11 A. I can't tell you specifically, but I 12 can tell you based on just a cursory review of 13 it that it was prepared prior to December 31st 14 of 2000 because it, it that says style 7021 is 15 still being manufactured, and that's no longer 16 the case. 17 Q. And so with respect to this exhibit, 18 wherever it designates still manufacturing an 19 asbestos-containing product, that's no longer 20 true as of the current time? 21 A. That's correct. 22 Q. And for example, the very first one 23 listed compressed sheet, asbestos type 24 chrysotile, that's still manufactured and I 25 take it that's no longer true? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 145 1 A. That's correct, it is no longer 2 manufactured. 3 Q. What does SBR stand for? 4 A. Styrenebutadirene rubber * 5 Q. And the reference and the style, I 6 take it that that's an internal product number 7 that is used by -- was used by Garlock? 8 A. Yes, sir. 9 Q. And then the product type, compressed 10 sheet, is -- and is that a gasket? 11 A. Yes, sir. It's a sheet that is used 12 in -- for gasketing purposes. 13 Q. And then asbestos type, chrysotile. 14 What is that? 15 A. That's commonly referred to as white 16 asbestos. That's the type of fiber that was 17 used. 18 Q. And as I understand it, then, 19 seventy-five to eighty-five percent of a 20 compressed seat of style 7021 would be made up 21 of chrysotile asbestos? 22 A. Yeah, by weight comparing it to all 23 the other ingredients, yes, sir. 24 Q. And then the second one, 7705, 25 compressed sheet, crocidolite. Did I pronounce Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 that correctly? Page 146 2 A* Yes. 3 Q. That's -- that was discontinued in 4 1983? 5 A. Yes, sir. 6 Q. It was made up until then of 7 eighty-five to eighty-six percent asbestos? 8 A. Yes, sir. 9 Q. And it had the same type of binder? 10 A. Yes, sir. 11 i/^Q. Now, what's the difference between 12 chrysotile and crocidolite? 13 A. Chrysotile is commonly referred to as 14 white asbestos. Crocidolite is commonly 15 referred to as blue asbestos, and blue asbestos 16 was specifically recommended for its resistance 17 to hot and cold mineral acids and used pretty 18 much exclusively for that purpose. 19 Q. Is one of these types of asbestos also 20 associated with mesothelioma? 21 MR. CONNOR: Objection. He's not a 22 medical expert. He's not being offered for 23 that either. 24 BY MR. ZUYDHOEK: 25 Q. Are you aware of that fact, that there Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 147 1 is a claim that is made in this litigation that 2 one of these types of asbestos are associated 3 with mesothelioma? 4 A. I'm not aware of it specifically being 5 alleged in this case. I have heard previously 6 that there are -- there is believed or alleged 7 to be a linkage between crocidolite and 8 mesothelioma. 9 Q. And when did you hear that? 10 A. Probably sometime since 1997. 11 Q. Okay. 12 A. Perhaps before. 13 Q. Can you tell me why Garlock stopped 14 manufacturing 7705 in 1983? 15 A. Well, asbestos has proven to be an 16 extremely difficult product to develop 17 substitutes for because of its temperature 18 resistance, chemical resistance, durability, it 19 doesn't oxidize, it's non-flammable. 20 Blue asbestos was offered for use in 21 hot and cold mineral acid service, a very 22 narrow portion of the total sealing market. 23 And products such as graphite and more 24 specifically PTFE, which I referred to several 25 times as Teflon, typically is able to operate Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 in that same environment. Page 148 2 Q. And so are you saying that in 1983 the 3 removal of crocidolite 7705 was for -- 4 A. To a large degree because -- if not 5 exclusively, because there was a satisfactory 6 substitute for the limited number of 7 applications that product was designed for. 8 Q. Okay. And was that the only reason? 9 A. Well, it was very -- it was a very 10 abrasive fiber to work with. I understand that 11 it was prone to pitting even stainless steel. 12 but I believe that having a substitute is the 13 reason that the product was discontinued. 14 Q. Nothing to do with health as far as 15 you know? 16 A. Not to my knowledge, sir, no. 17 Q. Have you asked anyone that at the 18 company ? 19 A. I don't believe there would be anyone 20 to ask. 21 Q. Somebody made the decision in 1983 to 22 eliminate this product, correct? 23 A. I don't know who made the decision in 24 1983. 25 Q. Okay. And, and you know a decision Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 149 1 was made to eliminate it because it was 2 eliminated? 3 A. I know it was eliminated, yes, sir. 4 Q. And somebody made that decision. 5 A. I don't know that. 6 Q. All right. You've made no attempt to 7 find out who made it or why they made it? 8 A. I don't recall ever asking anyone. I 9 don't know who I would ask, quite frankly. 10 y/ Q. The 7705 which was discontinued in 11 1983 and 7021 which was still being 12 manufactured when this document was prepared, 13 what would be the difference in terms of what 14 those products would be used for? Could they 15 be used for the same thing? 16 A. Well, 7021 couldn't be used and 17 wouldn't be shown as recommended for hot and 18 cold mineral acid. The resistance of white 19 asbestos fiber to hot and cold mineral acid 20 would probably be recommended -- probably at 21 that point in time the designation would have 22 been satisfactory or unsatisfactory, and I 23 believe the designation would be 24 unsatisfactory. 25 So -- but it could be used in many Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 150 1 other applications; oil, water, gasoline 2 service, probably aliphatic and aromatic 3 service, perhaps against certain refrigerants, 4 although I don11 know if the binder is correct 5 for that; steam, a variety of general service 6 applications. 7 Q. Do you know what the term anti-stick 8 releasing agent is? 9 A. Yes, I do10 Q. What is it? 11 A* It refers to a treatment that is added 12 to the gasketing itself. When we discussed the 13 manufacturing process, after the sheet has been 14 removed from the sheeter, it's then printed 15 with a Garlock style number and other 16 information. 17 And then immediately thereafter an 18 anti-stick treatment is added to both sides. 19 It's a spray that's added whose purpose is to 20 enhance the gasket's ability to release from a 21 flange after it's been in service. 22 Q. So it's, it's -- it has nothing to do 23 with installation but rather removal at some 24 point in time after it's been installed? 25 A. I can't think of any purpose that -- Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 151 1 for installation, but for removal, yes, it's 2 designed to help make the gasket easier to 3 remove from the flange once it's been in 4 service. 5 Q. Okay. On this first page of, of 6 Exhibit Number 4, I think basically everything 7 there is , is compressed sheet. Am I correct? 8 MR. CONNOR: For the record, that's 9 Exhibit 5. 10 BY MR. ZUYDHOEK: 11 Q. I'm sorry. Exhibit 5. 12 A. Everything is either a compressed 13 sheet or gasket from that sheet, yes, sir. 14 x/Q. Okay. And would every one listed here 15 have an anti-stick releasing agent? 16 A. Yes. 17 Q. So is it fair to say that all 18 compressed sheets were manufactured with an 19 anti-stick releasing agent? 20 A. Yes. 21 Q. And would 7021 and 7705 have gone 22 through the same sheeter? 23 A. Well, normally any blue product was 24 run -- there was a -- it was not a very popular 25 or -- popular is perhaps not the right word. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 152 1 It wasn't a product that was made on a daily2 basis* It was made probably every four to six 3 weeks, and my understanding is because of the 4 abrasive nature of the fiber, generally it was 5 relegated to a particular mixer and perhaps 6 even to certain sheeters. 7 I don't believe blue asbestos or 7705 8 would have ever been run on the more modern 9 equipment, but it would have been run on the 10 older equipment. So there was some I think 11 tendency to utilize certain pieces of 12 equipment, but it could run on the same piece 13 of equipment that any other compressed asbestos 14 style was produced on. 15 y Q. Would 7705 have been manufactured 16 between 1955 and 1960? 17 A. I don't honestly know. I'm not sure 18 what -- when blue asbestos first came into use. 19 My belief is -- and we could certainly look at 20 a catalog from that era, but I would expect 21 that 7705 was manufactured in the 1950s and 22 '60s. 23 Q. If as a customer I was running cold 24 water through pipes and had to use gaskets, 25 which one would be recommended? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 153 1 A. Well, usually the customer did make 2 the decision, so cold water, there would be a 3 whole host of products that could have been 4 acceptable; anything from a vegetable fiber -- 5 you know, cold is a relative term as well, but 6 against water, the customer might have elected 7 to use rubber or they might have elected to use 8 vegetable fiber. 9 They might have elected to use 10 asbestos-containing gasketing but -- so there 11 isn't any particular product that would be 12 exclusive to water service, but there's a 13 variety of products that could be used. 14 Q. Okay. And would the blue asbestos 15 gasket -- containing gasket be recommended for 16 that type of application? 17 A. Well, it wouldn't be recommended for 18 it. The specific recommendation would be for 19 the hot and cold mineral acids because the 20 product was more expensive and, and typically 21 only used in those areas where it was really 22 necessary. 23 Q. Okay. So only, only -- the only 24 reason to use blue asbestos, whether it's 7705 25 or some other number, would be these acids that Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 you're talking about? Page 154 2 A. Certainly from a product 3 recommendation standpoint that would be my 4 belief, yes, sir. 5 Q. Okay. And I take it from a prior 6 answer that you would have no way of 7 ascertaining based on any documentation right 8 now as to what type of compressed sheet gasket 9 was sold to du Pont between 1955 and 1960? 10 A. There are no sales records that I 11 could look at, no, sir. I have no way of 12 knowing. 13 Q. Now, as I go through this, I see on 14 page five, for example, top of the page, 15 two-thirty and two thirty-one, square braided 16 packing, square braided ring crocidolite, 17 discontinued in 1980. Are you aware of why in 18 1980 those two items would have been 19 discontinued? 20 A. Well, again, the discontinued -- the 21 discontinuance of -- particularly in the 22 braided packing area, we had a program to 23 develop non-asbestos substitutes for 24 essentially all of the braided asbestos styles 25 that we produced that was active during my time Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 155 1 in compression packing in the late '70s and 2 early '80s, and those particular products, for 3 instance, again being recommended for the 4 specific acid service, there were other 5 materials available by then; perhaps carbon and 6 graphite, but certainly PTFE or Teflon would be 7 suitable for use where the blue was used 8 previously. 9 Q. And would they be less expensive or 10 more expensive than, than what was used to -- 11 when they were replaced? 12 A. I really don't know. One of the -- 13 the price per pound is one way of looking at 14 the relative cost of a product, but the 15 customer uses it by the inch or the foot. So 16 the number of feet per pound for any particular 17 product varies. 18 Carbon is very light, for instance, so 19 there would be a lot of feet per pound. Blue 20 seems to be as though it was a heavier product. 21 I can't accurately answer your question. I 22 believe -- I really don't know. 23 Q. Do you recall whether the 24 discontinuation of these two types of 25 crocidolite in 1980 had anything to do whatever Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 with health concerns? Page 156 2 A, Not to my knowledge, sir, no. 3 Q. Have you ever asked anyone involved in 4 the decision-making process as to whether it 5 did or not? 6 A. I'm not sure who specifically made the 7 decision. We made the decision, I know, to 8 eliminate all braided asbestos packings in 9 1980, so no, but I'm -- I've not ;-- there's no 10 one -- I don't know who I would ask, and I have 11 not asked specifically. 12 Q. When you were designated as the 13 company representative to testify on asbestos 14 litigation what did you do in order to learn 15 about asbestos and the way the company handled 16 it up until then? 17 A. Well, the areas that I'm qualified to 18 testify in encompass areas that I have personal 19 experience and that preceded my designation as 20 a witness. So for instance, the sale of the 21 product, the use of the product, the 22 recommended applications for the product, the 23 pricing of the product, the literature 24 associated with the product, the catalogs 25 dealing with the product, the manufacturing of Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 157 1 the product, all of those things I would have 2 either a pretty in-depth or at least a nominal 3 understanding of. 4 The areas that I also testify in 5 about, for instance, documents that exist that 6 I was not -- either I wasn't even born at the 7 time or was never involved in a meeting, the 8 other things like prior depositions from 9 Garlock employees or prior testimony by Garlock 10 witnesses, corporate witnesses, or other 11 individuals, I would have never had any of that 12 information -- access to that information 13 previously, so that would be an example of 14 something that I would have only accessed after 15 having been informed of the responsibility. 16 And then other information as I -- 17 that I referred to earlier, things like old 18 catalogs and so forth that I may have used or 19 been familiar with early in my career with the 20 company, of course I would go back and, and 21 review those; review being a relative term. I 22 would look at them to refamiliarize myself with 23 them. 24 Q. Did you ever have any discussions with 25 Mr. Jewett, for example, about the process of Alderson Reporting Company, Inc. 1111 i4th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 testifying? Page 158 2 A. I don't recall having any discussions 3 with him about the process- I'm not sure 4 exactly what you mean there, but certainly Clay 5 Jewett I think took -- called me one day and, 6 and expressed to me the fact that he was aware 7 that I was going to be acting as a corporate 8 witness, and I have talked to him many times 9 over the years since then. 10 Q. On specific subjects about which you 11 were going to testify? 12 A. I guess I would say yes to -- for 13 instance, to clarify something that, based on 14 my research, for instance, I might believe to 15 be true to see if he could add to that 16 knowledge. 17 Q. So for example, if you were to ask 18 Mr. Jewett why was it that they discontinued 19 crocidolite in 1980 and 1983, I take it that's 20 a question you haven't asked him yet. 21 A. I don't recall ever having such a 22 conversation with him, no. 23 Q. How about Mr. Whittaker? Have you 24 discussed with him any, any of the testimony 25 that he's given or any of the testimony that Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 you were about to give? Page 159 2 A. When you say testimony I was about to 3 give, I didn't --- with neither individual would 4 I call and say this is what I'm going to 5 testify to. What I would more likely say is a 6 question -- this is the question that's been 7 posed to me, this is what I believe to be true 8 based on my review of documents or whatever, 9 looking through the catalog, and is their 10 understanding any different than what I have 11 concluded. 12 Q. Okay. And would you ever ask them, 13 this is the question that I have been asked, I 14 really don't know what the answer is? 15 A. I don't recall ever expressing it that 16 way, but I'm sure that I've asked them 17 something like based on what I've reviewed, 18 this is what I believe to be true; do you know 19 anything that would be contrary to that -- 20 Q. Okay. 21 A. -- or words to that effect. 22 Q. And have you ever discussed with 23 Mr. Whittaker the discontinuation of 24 crocidolite in 1980 and 1983? 25 A. No. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 160 1 Q. Ever asked him why it was done? 2 A. No. 3 Q. And both Mr. Whittaker and Mr. Jewett 4 have testified extensively, have they not? 5 A. I believe that's true, yes. 6 MR. CONNOR: Object to the term 7 extensive, but -- 8 BY MR. ZUYDHOEK: 9 Q. If you'd look at the last page of 10 Exhibit 5. There are four products specified 11 there, all manufactured with crocidolite, all 12 of which were discontinued in 1980. Correct? 13 A. That's correct. 14 Q. Do you have any knowledge of why they 15 were discontinued? 16 A. Well, again, as I said much earlier, 17 for those particular types of products that 18 were recommended for very specific use, there 19 were other substitutes that we believed were 20 acceptable at that point in time. 21 Q. And would that be a reason to 22 discontinue crocidolite, merely because you had 23 an acceptable substitute? 24 A. I would think so. 25 Q. And you have -- can you say it had Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 nothing to do with health? Page 161 2 A- To my knowledge, yes, sir. 3 Q. The anti-stick releasing agent, was 4 that always in the process when you first 5 became familiar with it? 6 A. When I first became familiar with it 7 in 1972, yes, sir. 8 Q. Do you know how long it had been part 9 of the process? 10 A. I've looked at advertisements and so 11 forth, catalogs that go back to -- certainly as 12 early as 1927, and I believe I have read 13 references at that point. I'm working from my 14 memory now, but I believe that I've seen 15 references to anti-stick that goes back that 16 far. 17 Q. And, and was part of the process of 18 using an anti-stick releasing agent to 19 facilitate the removal of old gaskets without 20 generating dust? 21 A. Well, since the -- since adding an 22 anti-stick treatment to the sheet goes back 23 into the -- possibly, if I'm correct, to 1927 24 or before, I don't believe that -- that was 25 certainly never why it was discussed with me. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 162 1 There's a need, once a gasket has come 2 out of service or failed, to remove it from the 3 flange. It takes time to do that, and the 4 easier it removes from the flange, the better 5 the customer likes it. 6 So I believe that the reason that it 7 was added was to respond to customer need to 8 not only install gaskets, but to remove them as 9 easily as possible once they've been in 10 service. 11 Q. Does it, in fact, the anti-stick 12 agent, facilitate the removal of old gaskets 13 without generating dust? 14 A. If you're asking me if a gasket that 15 has anti-stick generates no dust upon removal, 16 I'm not able to answer that. I can simply tell 17 you that it allows the gasket to be removed 18 more easily. 19 Q. And does it facilitate the removal of 20 old gaskets without generating dust? 21 MR. CONNOR: Objection. Asked and 22 answered. 23 THE WITNESS: No visible dust. I 24 know that there are tests that industrial 25 hygienists have done about that very subject. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 I can't answer it, Page 163 2 BY MR, ZUYDHOEK: 3 Q. Okay, Look at page ten of Exhibit 4, 4 A. Which exhibit? 5 Q. And I'll quote, Garlock's compressed 6 asbestos sheets and gaskets are treated with an 7 anti-stick releasing agent which reduces any 8 tendency of the gaskets to adhere to pipe 9 flanges during removal and replacement. This 10 anti-stick agent facilitates the removal of old 11 gaskets without generating dust, unquote. Do 12 you agree with that statement? 13 A- Yes. 14 Q. There are also right in the -- on the 15 same page, same paragraph, Garlock states that 16 from ninety-five to ninety-eight percent of s 17 asbestos-containing products have been made 18 only with chrysotile asbestos fibers. And that 19 the remaining two to five percent of such 20 products were made with crocidolite asbestos 21 fibers. Do you see that statement? 22 A. Yes. 23 Q. And is that -- that percentage, is it 24 percentage by weight? Is it percentage by 25 number? What is it? What's it referring to? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 164 1 A* Well, the information that I've 2 reviewed that leads me to believe that that is 3 true is a listing of all asbestos fibers 4 purchased by Garlock by year from the late 5 1960s, I believe, through some time in the 6 1980s, So it is a, it is an estimation based 7 on the amount of fiber purchased, crocidolite 8 versus chrysotile, 9 Q. Has Garlock retained industrial 10 hygienists? 11 A. Retained them in our plant or retained 12 them -- yes, Garlock has retained industrial 13 hygienists to do fiber release studies, yes, 14 sir, 15 Q. What is a fiber release study? 16 A. Again, you know that I'm not an 17 industrial hygienist or anything like that. It 18 is a study where -- that attempts to utilize 19 agreed-upon practices that studies the amount 20 of fiber in the air, in the removal of whatever 21 product is identified in the test, 22 Q, And at various times those tests have 23 been done in the plant at Garlock? 24 A. I believe there is some testing that 25 has been done in the plant, yes. Alderson Reporting Company, Inc. j 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 165 1 Q. And when were they done? 2 A* I believe either in the late '70s or 3 the early '80s. 4 Q. And what were the results? 5 A, The fiber release was within 6 permissible levels. 7 Q. And what were the permissible levels 8 at that time? 9 A. Couldn't tell you. 10 Q. Are those studies itemized on page 11 thirteen of Exhibit 4? 12 A. I don't know whether the studies that 13 are itemized on page thirteen includes testing 14 done in the plant. 15 Q. where else would they have been done 16 if not in the plant? 17 A. By -- at the location, I believe, of 18 the industrial hygienist or some other -- I 19 would assume that that's specified -- it's 20 specified in the study itself. 21 Q. Okay. Are asbestos fibers given off 22 when asbestos gaskets are removed? 23 MR. CONNOR: Again, let me object. 24 He's not an expert. This is not his field of 25 expertise. His testimony, whatever it will be. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 166 1 are relying upon these reports that were just 2 referenced. 3 MR. ZUYDHOEK: By the way, I call for 4 the production of those reports. I haven't 5 seen them and I'd like them to be produced. 6 MS. CATALANA; This is the first 7 request that we've gotten. 8 MR. CONNOR: Yes. 9 MR. ZUYDHOEK: Don't be so sure of 10 that, but you've certainly gotten it now, so I 11 make that request now. 12 MR. CONNOR: That's okay. 13 THE WITNESS: And your question? 14 (Whereupon, the above-requested 15 question was then read by the reporter.) 16 THE WITNESS: I'm not really 17 qualified to answer that. I've reviewed some 18 of the details in some of the studies, and I 19 believe that there certainly is fiber count 20 that are part of the study, so I believe it 21 would be accurate to say that there are fibers 22 released during the removal of -- in the 23 studies that were conducted. 24 BY MR. ZUYDHOEK: 25 Q. When Garlock sold gaskets in 1955 and Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-8QO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 167 1 I960, Garlock knew that they would have to be 2 removed at some point. 3 A, The -- certainly we know that products 4 are eventually replaced and removed, yes, sir. 5 Q. There wouldn't be any reason to have 6 an anti-stick releasing agent unless you knew 7 that, right? 8 A. You'd think not. 9 Q. And I also assume that Garlock knew 10 what the process was by which gaskets were 11 removed. 12 A. Well, certainly we were familiar with 13 what our recommended practices were. I 14 wouldn't go so far as to say that Garlock is 15 aware of every practice used by every customer, 16 but certainly we have recommended practices for 17 removing gaskets, and I believe we know how 18 customers typically remove gaskets, yes. 19 Q. Did you assume that only the 20 recommended practices were used? 21 A. I have no way of knowing that. yq. Can you tell me what the recommended 22 23 practices were? 24 A. Generally the first thing that's 25 recommended is taking something like a putty Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 168 1 knife or scraper and using it to scrape or 2 remove the gasket from the flange. 3 The actual process is -- has always 4 been covered by -- in a portion -- the best of 5 my knowledge, in a portion of our catalog as it 6 is today. So it describes the use of a putty 7 knife. I believe it may also mention a wire 8 brush. 9 And it -- primarily what it talks 10 about is the need to ensure that the gasket is 11 completely removed from the flange, cleaned 12 from the flange and to do so without damaging 13 the serrations on the flange itself. It's 14 probably a paragraph of recommendations. 15 Q. Now, the flange is not a product that 16 Garlock makes, correct? 17 A, No, sir. 18 Q. And when a Garlock gasket is removed, 19 it's going to be replaced with another gasket. 20 Isn't that the process? 21 A. I assume so, yes. 22 y/Q. So the flange has to be clean in order 23 that the gasket fits into a clean flange? 24 A. It's supposed to be, yes, sir. 25 Q. Have you ever heard of Garlock gaskets Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 169 1 being removed by the use of a chisel? 2 A. Not specifically, no. 3 Q. You've never heard of that being done? 4 A. Not that I recall, unless it's been in 5 some deposition, but I don't recall it, no. 6 Q. And you never remember seeing it in 7 any deposition? 8 A. Not that I recall, no, sir. 9 Q. Did you review Mr. Krieger's 10 deposition? 11 A. No, sir. 12 Q. As the designated corporate 13 representative did you make any inquiry within 14 the company as to how gaskets are removed other 15 than the recommended method of removal? 16 A. Within the company? 17 Q. Within the company. 18 A. Probably. 19 Q. Who would you have talked to? 20 A. I can't really think of anybody 21 specifically, but I have talked to sales 22 representatives for Garlock previously. I' ve 23 certainly talked to Roy Whittaker and Clay 24 Jewett. 25 Q. On that specific subject? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 170 1 A. I would think so, yes. 2 Q. Do you recall the conversations? DO 3 you recall what you said and what they said? 4 A. No. 5 Q. Who is it that, that actually writes 6 the recommendations that Garlock makes for 7 removal of gaskets? 8 A. I would think that -- well, it's 9 probably a shared responsibility. For 10 instance, any literature that we currently 11 publish there's a group of people who reviews 12 it. Marketing reviews it. That would be my 13 area. Application engineering reviews it. 14 Generally the review of those kinds of 15 changes are pretty much left to those two 16 areas. Most of the practices associated with 17 removing a gasket have remained pretty much 18 unchanged to my knowledge through time. So I 19 wouldn't know who specifically developed the 20 language that we used, but I would expect that 21 the process would be very similar to what we 22 use now. 23 Q. Have you talked to anybody in 24 marketing about the manner in which gaskets are 25 removed? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 171 1 A. Well, I'm in marketing. 2 Q. Have you talked to yourself? 3 A. I don't want to admit to that. 4 Q. Have you talked to anybody in 5 engineering about the manner in which gaskets 6 are removed? 7 A. Sure. 8 Q. Who? 9 A. Dave Burgess, Matt Tones, two 10 individuals that I work with on a regular 11 basis. 12 Q. Spell that. 13 A. B-u-R-G-E-S-S, first name Dave; Tones, 14 T-O-N-E- S, first name Matt. 15 Q. Are they still employed? 16 A. Yes, they are. 17 Q. And what are their titles? 18 A. Applications engineering, applications 19 engineer I would say. 20 Q. And what does an applications engineer 21 do? 22 A. They talk to whoever calls them, but 23 they talk to salesmen, Garlock employees, 24 distributor representatives, end users who have 25 questions about the use of our product. Most Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 172 1 of the conversations usually revolve around the 2 discussion of the particular -- it's often due 3 to a problem. 4 The customer is having problems 5 getting the kind of seal that they want in 6 their particular gasket application, so they 7 may be calling about chemical capability. They 8 may be asking if we could look at the gasket 9 that's failed and do an autopsy on it. 10 A lot of the questions revolve around 11 the load and loading of the gasket, because the 12 amount of force that can be applied to load and 13 seal the gasket varies. 14 Q. Is that the torquing? 15 A. Torquing is a specific way of loading 16 the gasket. Many customers do not use torque 17 wrenches, but we're talking about the kind of 18 bolts that they're using and how much force can 19 be exerted and how much load is required to 20 seal the gasket. 21 So sometimes people who are designing 22 gaskets -- not gaskets but vessels which use 23 gaskets and so forth, those are typical of some 24 of the conversations they have. 25 Q. And do you know that they get into Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 173 1 discussions with customers on removal? 2 A, I wouldn't think -- I wouldn't think 3 it's very many of the calls that they get, but 4 I believe that they get calls on removal. I 5 think that's probably a very small portion of 6 their calls, but I would believe that they get 7 calls on removal. y Q. And have you discussed that with them; 8 9 the two of them? 10 A. I think so. 11 Q. Have you discussed it with them in 12 connection with your role as the corporate 13 representative in asbestos litigation? 14 A. Yes, I believe so. 15 Q. And what was the discussion? What did 16 you say? What did they say? 17 A. My question to them was -- often it's 18 not just removal. It also may include 19 disposal. And my question to them was when 20 people call in about asbestos-containing 21 products and they ask about disposal, what do 22 you tell them. And our practice is to irefer 23 them to the Federal Register. 24 Q. Okay. And how long has that practice 25 been going on? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 174 1 A. I don't know specifically, but since I 2 first asked the question, it certainly didn't 3 appear to me to be a new practice, but I 4 can't tell you when it began. 5 Q. When did you first become aware that 6 asbestos was a health problem? 7 MR. CONNOR; When you say -- 8 personally? You mean not as a representative 9 of the company? 10 MR. ZUYDHOEK: Right. I'll get 11 there. 12 MR. CONNOR: You are drawing a 13 distinction. 14 BY MR. ZUYDHOEK; 15 Q. Right. I'm asking you now personally 16 when did you first become aware that asbestos 17 was a health problem? 18 A. Well, I know I'm not going to be able 19 to answer that question very definitively, but 20 I do know that Garlock had in place practices 21 that dealt with the control of dust, for 22 instance, for many years before my employment, 23 and that occasionally I did go out into the 24 plant, including the area -- the textile area 25 early in my employment. Alderson Reporting Company, Inc. 1111 14th Street, N/W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 175 1 And I knew that there were areas that 2 I couldn't go unless I had -- well, probably I 3 couldn't go. And I knew that there were 4 precautions taken in the plant, but I don't -- 5 I can't really tell you specifically -- I knew 6 there was -- there were issues associated with 7 it, but the depth of my knowledge, I can't 8 really tell you. 9 Q. Would this have been when you started 10 with the company that there were areas that you 11 couldn't go into? 12 A. I believe -- well, I believe the 13 textile area was an area where you needed 14 things like hearing protection perhaps, safety 15 glasses. so I don't remember it specifically. 16 Q. Breathing protection? 17 A. Not that I recall, no. 18 Q. Do you ever remember breathing 19 protection being recommended in the Garlock 20 plant? 21 A. As a salaried employee, no. 22 Q. As an employee. 23 A. There were no -- 24 Q. I don't understand the distinction 25 you're making as a salaried employee. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 176 1 A. For instance, I never worked in any 2 areas of the plant in a manufacturing position. 3 I believe that there are areas in manufacturing 4 like the textile department where the use of 5 a -- some sort of protection was required. 6 Q. A respirator? 7 A. Perhaps. Mr. Houghton testified that 8 respirators were used in certain areas. 9 Q. And Mr. Houghton again is who? 10 A. Mr. Houghton was an employee who 11 worked primarily in textiles for Garlock who 12 has been previously deposed. 13 Q. And do you remember -- and you 14 reviewed his testimony or talked to him or 15 both? 16 A. I reviewed his testimony. 17 Q. And did he put a date on when 18 respirators were required in the textile 19 department? 20 A. Not that I could find. 21 Q. Did he discuss the specific processes 22 where respirators were required? 23 A. Not that I recall, no, sir. 24 Q. Okay. Now, let's focus on the same 25 question as the, as the corporate Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 177 1 representative.. You've done some -- you've 2 looked at some documents and you've talked to 3 certain people with respect to the recognition 4 that asbestos was a health problem, I take it, 5 as the corporate representative. 6 A. Yes. 7 Q. Okay. What documents have you looked 8 at in that connection? 9 A. Well, when you say -- I forgot what 10 terminology you used exactly, but a health 11 problem I think you said. I have reviewed 12 documents that talk about the control of dust, 13 for instance. 14 The control of dust -- all dust is 15 something that I recall having seen in 16 Mr. Houghton's deposition. There are various 17 associations that Garlock belonged to at one 18 time, the Asbestos Textile Institute. The 19 Hemeon report from 1947 talks about -- it's a 20 study of asbestos textile plants by the 21 Industrial Hygiene Foundation. They talk 22 about -- I hesitate to, to try to classify 23 their, their definition or words but the 24 hazards, I'm going to say, associated with 25 asbestos. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 178 1 Q. The Asbestos Textile Institute. Is 2 that the name of it? 3 A, ATI, yes, sir. 4 Q. ATI. And was, was Garlock a member of 5 ATI ~ 6 A. Yes. 7 Q. -- when the Hemeon report was written? 8 A. Don't know. I believe the Asbestos 9 Textile Institute is one of those ones that 10 Garlock belonged to at two different times in 11 our history, and I believe the answers to 12 interrogatories probably say some time in the 13 '40s but they're unable to identify 14 specifically what years, and then there's other 15 years -- again, the specific answers are in the 16 answers to interrogatories. I never attended 17 those meetings- 18 Q. You weren't even born? 19 A. Well, in some cases I wasn't. 20 Q. The, the Hemeon report you said was 21 1947? 22 A. I believe so. 23 Q. Did Garlock have a copy of that? 24 A. When you say did we have, I don't know 25 when we received one. I assume we did. In the Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 179 1 context of, of acting as the company corporate 2 representative I have read that document, and 3 it's been part of the litigation for some 4 period of time, 5 Q, Where did you find it? 6 A. It was provided to me by Garrison 7 Litigation. 8 Q. Okay. Without any labels on it as to 9 where it came from other than Garrison 10 Litigation? 11 A, I believe it's probably stamped with 12 something, but I couldn't tell you what it 13 says. 14 Q. Well, let's see if we can make it out. 15 (Whereupon, Heffron Exhibit 6, the 16 Hemeon report by the Industrial Hygiene 17 Foundation, was then received and marked for 18 identification,) 19 MR. ZUYDHOEK: Mr. Heffron, I show 20 you Exhibit Number 6. Can you identify it? 21 MR. CONNOR: You just want him to 22 read the title? 23 BY MR. ZUYDHOEK: 24 Q. Can you identify the document? Can 25 you tell me what it is? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 180 1 A. Yeah. I believe it to be the report 2 that I referred to as the Hemeon document by 3 the Industrial Hygiene Foundation. 4 Q. Okay. And this -- can you tell me -- 5 you mentioned that you might be able to tell 6 when it was received. At least from the 7 exhibit I've shown you can you tell that? 8 A. No, sir. 9 Q. Okay. Now, I think you said that 10 sometime in the '40s Garlock was a member of 11 the Asbestos Textile Institute. 12 A. Yes, sir. 13 Q. And then they were not and then they 14 were again; is that correct? 15 A. That's correct. 16 Q. Okay. And have you ascertained as to 17 why they discontinued their membership and then 18 why they reobtained it? 19 A. No. 20 Q. Are they still a member? 21 A. No. 22 Q* Okay. So they discontinued their 23 membership twice? 24 A. I believe that's true, yes. 25 Q. Do you know why they discontinued Alderson Reporting Company, Inc. 1111 '14th Street, N.W. Suite 4001-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 their membership the second time? Page 181 2 A. No, sir. 3 Q. Have you attempted to find out? 4 A. I don't know who I would ask, sir. 5 Q. Okay. You haven't asked anybody, I 6 guess. 7 A. No, I haven't asked anyone. 8 Q. Do you know what the Asbestos Textile 9 Institute was in 19 -- in the 1940s? 10 A. From a very general sense I believe 11 so, yes. 12 Q. What would your answer be for that? 13 A. It was an association for 14 manufacturers of asbestos textile and perhaps 15 the suppliers as well of the raw material. 16 Q. And this would include your 17 competitors, I take it. 18 A. I believe so, yes, sir. 19 S Q- And the Industrial Hygiene Foundation 20 of America, do you know what that was? 21 A. Specifically no. The name would imply 22 that it1 s responsible for industrial hygiene. 23 but I have no -- had no involvement with them 24 and have no knowledge of them. 25 Q. I take it you've read the Hemeon Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 report. Page 182 2 A. I've reviewed it, yes, sir. 3 Q. And you know that it contains 4 information with respect to various plants that 5 were visited by the authors? 6 A. Yes, sir. 7 Q. And one of those plants was Garlock? 8 A. Yes, sir. 9 Q. And in fact, are you able to tell me 10 which plant, in terms of the designations that 11 are used in the Hemeon report, was Garlock? 12 A. I believe plant G was Garlock. 13 MR. CONNOR: That's logical. 14 MR. ZUYDHOEK: And if you look at the 15 last couple of pages of the exhibit, there's a 16 reference there to -- 17 MR. CONNOR: What page are you 18 starting on? 19 MR. ZUYDHOEK: It's the next to the 20 last page of the exhibit. Letter or -- on the 21 Industrial Hygiene -- 22 MR. CONNOR: Foundation letterhead. 23 BY MR. ZUYDHOEK: 24 Q. Right. July 11, 1947. Do you have 25 that, Mr. Heffron? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 A, Yes, I do. Page 183 2 Q- And do you see that that refers to the 3 Garlock Packing Company as being plant G? 4 A. Yes, sir. 5 Q. As designated on the general report? 6 A. Yes, sir. 7 Q. Now, have you discussed the Hemeon 8 report with anyone at Garlock? 9 A. Not that I recall, no, sir. 10 Q. I take it you did not know about the 11 existence of the Hemeon report until you became 12 the corporate representative for asbestos 13 litigation. 14 A. That's correct. 15 Q. And I take it you became aware of it 16 as soon as you became the corporate 17 representative for asbestos litigation. 18 MR. CONNOR: Objection to the form. 19 THE WITNESS: I don't know if that's 20 accurate. It's sometime between the summer of 21 '97 and the September of *99 when I first acted 22 as a, as a corporate witness. At some point in 23 time between those two years I certainly would 24 have been made aware of it during that time 25 frame. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 BY MR. ZUYDHOEK: Page 184 2 Q. You were aware of it on the first 3 occasion when you testified as a corporate 4 representative? 5 A. No. I believe I reviewed it prior to 6 my first testimony. 7 Q. Okay. 8 A. But when specifically, I can't tell 9 you. 10 Q. Now, you mentioned *97. Were you kind 11 of designated the corporate representative for 12 two years prior to when you actually testified? 13 A. Well, in 1997 I was told that I needed 14 to begin to familiarize myself with the 15 hundreds of documents probably and the issues 16 that typically I'm responsible for answering as 17 the corporate representative. And that's when 18 I first began to review documents and so forth. 19 Q. What percentage of your time do you 20 spend as the corporate representative for 21 asbestos litigation as opposed to in relation 22 to all your other time for the company? 23 A. It varies significantly. If there's a 24 deposition that I need to provide or prepare 25 for or if there's a trial that I need to Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 185 1 provide testimony for, I get phone calls on a 2 regular basis asking me questions. 3 So I've never really attempted to keep 4 track of the actual numbers, but I would say it 5 varies between none of my time and today 6 apparently it will be all of my time. 7 Q. I think so. Okay. And when you first 8 got into it in the first full year and you had 9 to do some -- I take it some research to find 10 out what was going on; is that correct? 11 A. Yes, sir. 12 Q. What percentage of your time that year 13 would you have spent coming up to speed? 14 A. Probably not very much. That was part 15 of the problem at that time. I was a general 16 manager responsible for plant operations, and 17 the winter of that year I decided to go back 18 and complete my degree from Roberts Wesleyan, 19 and that didn't conclude until the spring of 20 1999. So I don't really recall specifically, 21 but I was unable to put too much time into it. 22 Q. Okay. Once you started testifying, 23 and I think -- how many did you identify? Six 24 or eight? 25 A. Six or eight of each. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 186 1 Q. Okay. Once you started testifying, 2 what percentage of your time would you say you 3 devoted to being a corporate representative? 4 A. Well, again, it varies very much from 5 one day or week to the next. I would generally 6 say that it's perhaps twenty percent of my 7 time. 8 Q. Other than actually testifying, how 9 much time do you spend being the corporate 10 representative and doing things to further 11 being a corporate representative? 12 A. When you say actually testifying, 13 you1re including or excluding any review of 14 documents that I might do for a trial or a 15 deposition? 16 Q. Well, I guess I am excluding that. 17 A. Okay. Again, it varies significantly. 18 Five to ten percent of my time. I don't 19 generally think of it in those terms. I don't 20 keep track of it, but it depends on the 21 complexity of the question that's been asked to 22 me and how much research I need to do to 23 attempt to either answer the question or to 24 understand the issue. 25 Q. And who was it that designated you as Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 the corporate representative? Page 187 2 A. I wish I knew. 3 MR. CONNOR: It's called a short 4 straw. 5 BY MR. ZUYDHOEK: 6 Q. Looking at Heffron Exhibit 1, granted 7 it's not that easy to read, but I guess I don't 8 see any designation here for that function. Is 9 that in addition to everything that's already 10 on here? 11 A. Yes, sir. 12 Q. Are you a six Sigma black belt? 13 A. Let's say I took the class. 14 Q. October of '97 to August '99, 15 responsible for meeting and exceeding 16 stakeholder needs domestically and 17 internationally, internally and externally. 18 What does that mean? 19 A. Where was it again? 20 Q. Middle the first page, October of '97 21 to August of *99. Responsible for meeting and 22 exceeding stakeholder needs domestically and 23 internationally, internally and externally. 24 What does that mean? 25 A. Well, stakeholders are anyone who Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 188 1 works for your company, buys from your company, 2 supplies to your company, uses your product. 3 Our products are sold both in the United States 4 and elsewhere. It's fashionable to talk about 5 stakeholders as employees of the company as 6 well, so basically you report to the world. 7 Q. Sounds like six Sigma to me. 8 A. Doesn't it? 9 Q. Referring again to the Hemeon report. 10 Exhibit 6, did you ascertain what was done 11 specifically with respect to this report after 12 it was prepared? 13 A. By? 14 MR. CONNOR: Object to the form. 15 Vague and ambiguous. 16 BY MR. ZUYDHOEK: 17 Q. By Garlock. 18 A. Did I ascertain what was done 19 specifically with this report after it was -- 20 Q. Prepared. 21 A. -- prepared? 22 Q. By Garlock. What was done by Garlock 23 with respect to this report? 24 A. Garlock didn't prepare the report. 25 The Industrial Hygiene -- Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 Q. That's correct. Page 189 2 A. No. I don't know specifically what 3 Garlock did. 4 Q. And you have not, I take it, attempted 5 to find out as part of your responsibility as a 6 corporate representative. 7 A. Well, I've reviewed the documents such 8 as Mr. Houghton's testimony. Mr. Houghton was 9 a supervisor in the textile department at the 10 time that the Hemeon report was published. And 11 thereafter, I believe he was asked questions 12 relative to that. They would be in his 13 testimony. 14 Q. Okay. 15 MR. ZUYDHOEK: I call for the 16 production of the Hemeon -- or the Hemeon -- 17 MR. CONNOR: Houghton. 18 MR. ZUYDHOEK: Houghton deposition 19 transcript. Is there only one deposition 20 transcript of Mr. Houghton or were there 21 several? 22 THE WITNESS: I believe he was 23 deposed twice. 24 MR. ZUYDHOEK: I'll ask for the 25 production of both of them. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 MR. CONNOR: Okay. 2 BY MR. ZUYDHOEK: Page 190 3 Q. If you'd look at page fourteen, 4 there's a table there and with respect to plant 5 G, there's an issue -- a column entitled recent 6 x-rays survey made, and for plant G the answer 7 is no; a column for periodic x-ray examinations 8 made, and for plant G the answer is no; and 9 for -- a column have own x-ray machine, and for 10 plant G the answer is no. When you started in, 11 in 1972 would the answers to those issues have 12 been different? 13 A. Well, if you mean in 1972 in areas 14 like the textile department were there medical 15 monitoring -- was there a medical monitoring 16 program in place, then I would say the answer 17 would be different, and yes, there was a 18 program. 19 Q. Okay. Tell me about that program. 20 A. Well, I really can't tell you very 21 much about it. I know that it was 22 instituted -- again, Mr. Houghton was asked - 23 some questions about when it was first begun. 24 I don't believe he was able to positively 25 identify the time frame, but I know that it Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 191 1 still exists, and that employees who worked in 2 areas where raw asbestos was processed in our 3 plant prior to its encapsulation, that those 4 employees were screened. 5 I'm certain an x-ray was taken. 6 Beyond that in terms of detail I can't tell 7 you. And that employees who remain with 8 Garlock to this day, if they worked in areas of 9 the plant where they worked with raw asbestos 10 fiber, still receive periodic x-rays, time 11 table on which I'm not knowledgeable. 12 Q. And you don't know when that started, 13 I take it. 14 A. Not specifically, no. 15 Q. Would you be able to say whether or 16 not those programs existed between 1955 and 17 1960? 18 A. I couldn't tell you, no, sir. 19 Q. Do you know whether Mr. Houghton did 20 in his deposition? 21 A. I believe he attempted to answer the 22 question. I believe his response was something 23 like in the '50s, but I would refer to his 24 deposition for that detail. 25 Q. The protection in the textile Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-BOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 192 1 department, would that have included 2 respirators? Did Mr. Houghton testify to that? 3 A. He did specifically mention the use of 4 respirators in the textile department, yes, 5 sir. 6 Q. What did he say -- what do you recall 7 he said about it? 8 A. I believe, I believe his response was 9 in areas that were dusty, but again, I would, I 10 would want to refer to his testimony, but that 11 seems like what it was. 12 Q. In the areas, for example, where the 13 asbestos was taken out of the, the shipment 14 containers that they came from Johns-Manville, 15 for example? 16 A, I don't recall -- I don't know whether 17 that question was asked, that specifically. I 18 don't recall him identifying any specific areas 19 where it was used. I believe he simply used 20 the term -- in the deposition I most recently 21 reviewed, he used the term dusty. 22 Q. When you saw the, the textile area 23 when you first became employed were there any 24 warning signs or any posters in the area about 25 asbestos? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 193 1 A, Well, I wish my memory was that good 2 because it honestly isn't. I do recall as in 3 other areas of the plant that there was 4 restrictions that were placed on such as safety 5 glasses, perhaps hearing protection. I'm not 6 certain that that's true. I honestly cannot 7 give you an accurate answer to that. 8 Q. Do you remember the case that 9 Mr. Houghton was testifying in? 10 A. No, I don't, sir. 11 Q. If you'd look at Exhibit 4, page 12 forty-nine. 13 MR. CONNOR: I'm sorry. What page 14 are you on? 15 BY MR. ZUYDHOEK: 16 Q. Page forty-nine. It's 17 interrogatory -- answer to interrogatory 18 forty-two. I'll quote it. Quote, depending on 19 the job definitions used at particular plants 20 and facilities, Garlock believes that certain 21 occupations such as pipe fitters, millwrights, 22 machinists and boilermakers are potential users 23 of asbestos-containing gasket and packing 24 products, unquote. 25 And can you tell me when this answer Alderson Reporting Company, Inc, 111114th Street, N.W. Suite 4001-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 194 1 to the interrogatory was prepared what you were 2 relying on to make that statement? 3 A. Well, I have some personal experience 4 from calling on plants and working in the 5 industry, but I believe this would be an answer 6 that probably was our standard answer to 7 interrogatories prior to my being designated as 8 the corporate representative. 9 I may be incorrect on that, but I 10 believe that may be the case, and I -- so I 11 don't know what information was drawn upon at 12 that time. 13 Q. Okay. Which of the occupations that 14 are specified there do you remember based on 15 your own experience? 16 A. Well, I think the first part of the 17 answer is very accurate, depending on job 18 definitions because I don't pretend to, to know 19 how a definition of a job might vary from one 20 state or type of industry to the other. 21 But certainly the kinds of people that 22 I've talked to and the kinds of people I deal 23 with in our own plant who are involved in the 24 mechanical operations of the plant and the 25 repair and maintenance of the equipment Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington; DC 20005 James Heffron Rochester, NY April 17, 2003 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 typically fall into categories like pipe Page 195 fitters and millwrights and machinists and so forth. Q. And for example, pipe fitters, would you be aware of the fact that they are involved in both the placing of the gaskets in and the removal of the gaskets? A. I would expect them to do that, yes. Q. Let me refer you to page fifty-four and fifty-five. And I'll quote to you from the bottom of page fifty-four going over on to the other page. Quote, Garlock has made numerous changes in products over the years. Changes were made for many reasons including cost reduction, improved performance or because of the development of new materials, unquote. That's an accurate statement, I take it. A. I believe so, yes. Q. Okay. Were changes ever made for health reasons? A. Not to my knowledge, sir. Q. So no change with respect to asbestos was done for health reasons as far as you know? A. As far as I know, yes, sir. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 ames Heffron Rochester, NY April 17, 2003 Page 196 1 Q. So the elimination of the crocidolite 2 was not done for health reasons? 3 MR. CONNOR: Objection. Asked and 4 answered. 5 THE WITNESS: Not to my knowledge. 6 sir. 7 MR. ZUYDHOEK: And the total 8 elimination of asbestos products now by the 9 company was not done for health reasons? 10 MR. CONNOR: Same objection. 11 THE WITNESS: I don't believe so. 12 sir. 13 BY MR. ZUYDHOEK: 14 Q. Have you also reviewed some minutes of 15 the Asbestos Textile Institute dated March 7, 16 1956? 17 A. That sounds familiar. 18 Q. Look at page twenty-two. And have you 19 actually looked at those minutes? 20 A. I believe so, yes. 21 Q. Can you tell me what they are or what 22 they say? 23 A. I probably haven't reviewed them in 24 the last perhaps year, but my, my belief is. 25 hopefully I'm accurate, that that was a meeting Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 197 1 that Mr. Houghton was supposed to have 2 attended. 3 My belief -- my understanding is that 4 he was there as a guest to discuss the 5 practices that Garlock had in ~ on dust 6 control in its own plant, and that, as it 7 suggests, he was -- when he was deposed, he was 8 asked questions about that meeting. But I read 9 the meeting minutes themselves, yes. 10 Q. And do you remember the specifics of 11 what the minutes said other than the subjects 12 that you just mentioned? 13 A. No. As I recall it's a --- it's 14 several pages, perhaps. I'm not sure how many 15 pages, but there were a number of topics that 16 were discussed in the minutes themselves. So 17 no, I wouldn't, wouldn't say that I could 18 recall every topic that is in those meeting 19 minutes. 20 Q. All right. 21 MR. ZUYDHOEK: I will -- I request 22 right now that production of the March 7, 1956 23 minutes of the ATI meeting, I make the request 24 right now. 25 MS. CATALANA: I was going to say. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 198 1 We're fast, but I don't know how fast we are. 2 THE WITNESS: Short break? 3 (Whereupon, a recess was then taken.) 4 (Whereupon, Heffron Exhibit 7, a 5 document that was distributed to Garlock 6 employees who worked in the manufacturing area, 7 was then received and marked for 8 identification.) 9 BY MR. ZUYDHOEK: 10 Q. Mr. Heffron, I show you Exhibit 7. Is 11 that a document that you have seen before? 12 A. Yes. 13 Q. What is it? 14 A. It's a document that/ to the best of 15 my knowledge, was distributed to Garlock 16 employees who worked in the manufacturing area. 17 Q. And I am unable to find on the 18 document a date. Can you tell me when it was 19 issued? 20 A. No, sir. I cannot. 21 Q. Would it have been in existence when 22 you started in 1972? 23 A. I don't honestly know. That's my -- 24 my perception is that we've -- I don't honestly 25 know. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-BOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 199 1 Q. Is the first time that you've seen it, 2 was it in connection with your role as the 3 corporate representative in asbestos 4 litigation? 5 A. I don't know because I recall at one 6 time -- the document says every person employed 7 at Garlock, and I don't know the date of the 8 publication. My belief is that during my 9 career I have had a chest x-ray and that a 10 similar document -- I would have reviewed a 11 similar document, but I don't have any specific 12 recollection of that. 13 Q. You see the next to the last page it 14 looks like it's a tear-off form where you get 15 to sign and date it? 16 A. Yes. 17 Q. Do you recall ever signing one of 18 these for yourself? 19 A. I don't, I don't actually remember, 20 but -- I'm positive I've had a, a chest x-ray 21 or a pulmonary function test, so I may have and 22 simply don't recall it. 23 Q. When you tear the form off and sign it 24 and date it, where do you send it? 25 A. Human resources. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 200 1 Q. So human resources would have, I 2 presume, in the personnel files of all of the 3 employees signed documents like this? 4 A. I don't know how they would file them, 5 but my belief would be that they would be 6 either in human resources in the health and 7 safety department files which are essentially 8 in the same department. 9 Q. And they'd be dated? 10 A. I believe so, yes, sir. 11 Q. Do you see the page again -- the pages 12 are unnumbered, but this is the one with the 13 cartoon of the guy in the mask and carrying a 14 briefcase full of dust. There's a statement 15 here, the government has set standards that 16 limit how much asbestos you can be exposed to, 17 unquote. Would that give you some indication 18 of when the date might be at least? 19 A. It wouldn't me. I don't -- I'm not an 20 expert in industrial hygiene, but I think 21 things like permissible exposure limits were 22 established many years ago. 23 Q. And it doesn't say OSHA either, does 24 it? 25 A. No, it does not. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 201 1 Q. The ubiquitous government. Do you see 2 the page where the cartoon -- the lead cartoon 3 is an X over the cigarette. 4 A. Yes. 5 Q. Third bullet point there, persons 6 exposed to excessive amounts of asbestos have a 7 greater risk of developing mesothelioma which 8 is a rare cancer of the lining of the chest or 9 abdomen, unquote. Does that indicate to you 10 the approximate date of this document? 11 A. No, it does not. 12 Q. Have you ever discussed this document 13 with anybody at Garlock? 14 A. Well, generally I don't get asked to 15 testify very often about things like health and 16 safety, but -- Ifm guessing here, but I know at 17 times since 1997 I have discussed things with 18 other employees -- employees in the health and 19 safety department about something like this. 20 But I can't -- I'm not as -- I'm -- sitting 21 here today I'm not saying that I recall this 22 specifically, but -- 23 Q. Has that document ever been marked as 24 an exhibit at one of your depositions before? 25 A. I don't know, sir. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 202 1 Q. Okay. Do you recall who you would 2 have discussed it with if you discussed it with 3 the health and safety area? 4 A. Curt Solomon. 5 Q. Who's Curt Solomon? 6 A. At one time he was responsible for 7 Garlock health and safety. 8 Q. Still employed? 9 A. Yes. 10 Q. What is his position now? 11 A. Well, he's a supervisor in 12 manufacturing. 13 Q. How long has he been out of the health 14 and safety area? 15 A. I'm not certain, but several years I 16 would say. I think he's been -- well, yes, I 17 guess that's the best answer I can give you. 18 Q. How old is he? 19 A. I would guess him to be in his late 20 forties. mid forties; perhaps late forties. 21 Q- Did he start with the company after 22 you did? 23 A. That's my perception, yes, sir. 24 MR. ZUYDHOEK: Why don't you mark 25 this. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 203 1 (Whereupon, Heffron Exhibit 8, a 2 document entitled Berkeley Occupational 3 Medicine Associates, was then received and 4 marked for identification.) 5 BY MR. ZUYDHOEK: 6 Q. Show you Exhibit 8 and ask you if 7 you've seen that document before. 8 A. I don't know. Mr. Honore's name is 9 familiar to me. I'm quite certain that he is 10 one of the cases shown for Workers' 11 Compensation. As to whether or not I've 12 specifically seen this, I don't know. 13 Q. Okay. Just looking at Exhibit 2 ~ 14 and we've got Mr. Honore on there. Is that 15 right? 16 A. Yes. 17 Q. Is that how you pronounce it, Honore? 18 A. I'm not certain. He retired in 1960 19 or left the company in 1960. I believe he only 20 worked for Garlock for a year. 21 Q. Yeah. And in fact, what I want to 22 focus your attention on Exhibit 8 is to page 23 two. And that the paragraph on page two 24 dealing with Garlock is as follows: Quote, in 25 1959 he worked for Garlock Packing Company Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 204 1 making gaskets. One day a week, four to eight 2 hours per day he made asbestos gaskets. The 3 asbestos came in rolls, and Mr. Honore would 4 take it off and roll it over and form the 5 gasket. There was no cutting or grinding; 6 however, he did punch holes in the gasket after 7 it was formed. He had to stretch the asbestos 8 to make it reach the proper size. There was 9 asbestos dust whenever he would unroll the roll 10 of asbestos, unquote. 11 My question is is the process that 12 they*re describing there would be in which 13 department? 14 A. I don't believe he worked in the 15 Palmyra operation. I believe he was an 16 employee who worked in a warehouse in San 17 Francisco. I'm not certain that that is the 18 case, but that is my, my belief. 19 Q. Okay. All right. Can you tell what 20 he was doing assuming that this is not Palmyra? 21 A. I talked earlier about the use of 22 asbestos cloth and its treatment with a rubber 23 impregnation which left it in a tacky state. 24 And by tacky, I mean if you folded it upon 25 itself, it would have a tendency to stick Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 together. Page 205 2 And one of the types of gaskets that 3 that material could be used to produce would be 4 a handhole or a manhole gasket. I've heard 5 both terms. The manway is another term. All 6 of which generally pertain to a boiler and a, a 7 way of inspecting the boiler or gaining access 8 to the boiler. 9 So that is the method of making 10 asbestos fabric into a gasket that I'm familiar 11 with. But in that case it would be 12 encapsulated product, and the method I'm 13 referring to would be an encapsulated product 14 where the fabric itself was coated with rubber. 15 Q. The sentence here, quote, there was 16 asbestos dust whenever he would unroll the roll 17 of asbestos, do you know what they're referring 18 to there? 19 A. I don't. 20 Q. Is that a reference to the product as 21 it came from the manufacturer? 22 MR. CONNOR: I'm going to object. He 23 already indicated that he doesn't know. 24 BY MR. ZUYDHOEK: 25 Q. Are you able to -- Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 206 1 A. Well, the asbestos fabric would be put 2 through a coating process where it's run 3 between two calendars, and rubber cement really 4 is how we referred to it would be added to it. 5 So the material would be rolled in a roll. So 6 to gain access to it, you would need to unroll 7 it. That's the extent that I can answer that 8 question. 9 / Q. What I don't understand based on the 10 context is whether he's referring to a process 11 that was engaged in at the unrolling process -- 12 he engaged in once it was being handled at 13 Garlock as opposed to when it came in to 14 Garlock and he was unrolling it. Maybe you 15 can't tell based on the statement. 16 A. Well, he worked in the -- I believe he 17 worked in the warehouse in San Francisco. So 18 the product would have been manufactured in 19 Palmyra, treated with rubber, shipped to San 20 Francisco, and that's where he would have 21 consumed it. 22 Q. What he's telling this doctor is that 23 when he unrolled it as it came from Palmyra 24 there was asbestos dust. 25 MR. CONNOR: Well, I'm going to -- Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 Fames Heffron Rochester, NY April 17, 2003 Page 207 1 we're assuming. I'll object. The document 2 does speak for itself, just so the record is 3 clear, and the document is obviously going to 4 be attached, but this is a document dated April 5 10th, 1980 by -- you're correct, Dr. -- 6 authored by Donald Whorton, M.D., Berkeley 7 Occupational Medicine Associates addressed to 8 M.P. Dailey, attorney at law in San Jose, 9 California referencing the gentleman in 10 question, Martin Honore, h-O-N-O-R-E. 11 MR. ZUYDHOEK: All of which is 12 correct. Does that appear to be -- what's the 13 reference there that he's getting asbestos dust 14 when he unrolls it coming from Palmyra? 15 MR. CONNOR: Objection to the form. 16 THE WITNESS: I mean, I can read what 17 the sentence says. The product that I 18 described with a rubber treatment wouldn't 19 appear to me to have any dust associated with 20 it, but I can't -- I don't have any facts to 21 support or deny the statement that's in there. 22 MR. ZUYDHOEK: Mark this. 23 (Whereupon, Heffron Exhibit 9, a 24 document consisting of a timeline that shows 25 the various gasketing forms that Garlock Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 208 1 manufactures, was then received and marked for 2 identification.) 3 BY MR. ZUYDHOEK: 4 Q. Mr. Heffron, let me show you Exhibit 5 9. Is that a document that you've seen before? 6 A. Yes, sir. 7 Q. What is it? 8 A. It's a timeline, as it says itself, 9 history of gasketing. It's a timeline that 10 shows the various gasketing forms that Garlock 11 manufactures and the time that each broad 12 classification or specific classification was 13 developed or introduced. 14 Q. Okay. So we start in the 1900s, I 15 take it, early 1900s, and which -- would that 16 would be the first use of asbestos or -- 17 A. I think in previous testimony that 18 I've given and what I've read says that as 19 early as 1905 Garlock made style 900 which was 20 a compressed asbestos sheet. So I believe 21 that1s probably where that date or that 22 reference comes from. 23 Q. And is the suggestion here that there 24 were no changes in the, the basic process 25 between -- from then until 1965? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 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 Page 209 A. I don't believe that the document is intended to speak to any changes that were made. We did talk about that earlier, and I don't believe that the basic process did change. The document is I think only meant to reflect the various types of gasketing that were available or developed and when that occurred. Q. Okay. The reference to Blue-Gard, what is that? A. Blue-Gard is a Garlock trade name. It is a Kevlar fiber reinforced sheet. It's the first really successful non-asbestos substitute that was developed by Garlock. It became a family of products. The gasket was actually ~ the sheet was actually blue. All the products are not blue, but it was a family of products, and other Kevlar reinforced products with different binders were reduced -- were introduced subsequent to that. Q. So the first non-asbestos product produced by Garlock was in 1980? MR. CONNOR: Obj ection. THE WITNESS: No. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 BY MR. ZUYDHOEK: Page 210 2 Q. It was the first one developed by 3 Garlock? Is that what you meant? 4 A. No. It was the, it was the first -- 5 it was the first compressed -- made in the high 6 pressure sheet process. It was the first sheet 7 utilizing the high pressure sheet process whose 8 fiber reinforcement was non-asbestos. There 9 were other non-asbestos sheets offered from the 10 very beginning, but they would not have been 11 manufactured using the high pressure sheet 12 process. 13 Q. When you say from the very beginning, 14 you mean way back? 15 A. The earliest beginnings of the 16 company. as far as I know. 17 Q. Okay. 18 MR. ZUYDHOEK: Mark that. 19 (Whereupon, Heffron Exhibit 10, one of 20 a series of ads developed by Garlock in the 21 late 1980s, was then received and marked for 22 identification.) 23 BY MR. ZUYDHOEK: 24 Q. Showing you Exhibit 10. Is that a 25 document that you've seen before? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 A, Yes. Page 211 2 Q. And what is it? 3 A. It's one of a series of ads developed 4 by Garlock in the late 1980s, approximately 5 1988. There were a series of ads such as this 6 that were developed to promote and encourage 7 customer evaluation and conversion to 8 non-asbestos products. 9 Q. And that -- is it fair to say that the 10 title of this is Time Is Running Out? 11 A. Yes, that's the title. 12 Q. Okay. And the bold headline on the 13 first page is It's Time to Stop Using Asbestos 14 and Nobody Has Been More Aware of It Than 15 Garlock? 16 A. That's correct. 17 Q. What does that refer to? 18 A. Well, I was actually part of a group 19 of people who participated in the development 20 of this literature, and there were two very key 21 issues as I recall in that time frame. 22 One of them was the promulgation of 23 the new Clean Air Act which ultimately was 24 promulgated in 1990. And the one was a ruling 25 by the EPA which announced the, the -- asbestos Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 212 1 would no longer be able to be produced, sold or 2 used even in an encapsulated form after 3 approximately August of 1994. 4 So those two key issues, the need to 5 improve sealing performance, reduce emissions. 6 I'm -- they're one and the same issue, and the 7 fact that asbestos, at that point in time based 8 on the EPA, was no longer going to be 9 available, we felt that it was important for us 10 to let customers know about that because 11 typically it takes them a very long period of 12 time to evaluate substitutes and they needed to 13 begin then. 14 Q. There's a reference in here to the 15 Garlock functional test lab which tests by 16 domestic and international standards as being 17 unequaled by any competitor. What's that? 18 A. What page are you referring to? The 19 second page? 20 Q. I think it's the second page, middle 21 column, bottom. 22 A. Yes. Garlock has a functional test 23 lab. It's always maintained a test lab. I've 24 seen catalogs that, before my employment with 25 the company, showed the lab. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 213 1 It's changed significantly over the 2 years, particularly since probably 1980, but it 3 is a lab that does functional testing of our 4 products to determine things like compression, 5 the percentage of compression, the percentage 6 of recovery -- those are all ASTM standard 7 tests -- its resistance to fluids, and things 8 like sealability, the ability of the product to 9 create a seal, and the amount of leakage versus 10 certain things like nitrogen or fuel A. 11 There are international standards such 12 as DIN, and the standards basically identify 13 the size of the test specimen, the size of the 14 equipment or fixturing, the method used to seat 15 the gasket or load it, the equipment required 16 to measure it, and those are some of the types 17 of tests that are performed in that area. 18 Q. And I take it that's -- when you say 19 functional testing, that's basically to test 20 the actual role of the gasket as a sealer? 21 A. Yes, sir. 22 Q. It's not done -- that particular test 23 lab isn't designed to test for health, is it? 24 A. No. 25 Q. And then we have the top of the next Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 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 Page 214 column, and Garlock has its own textile plant where state-of-the-art equipment is used in manufacturing operations. It is this kind of advanced technology, whether in testing, manufacturing or R&D, that gives Garlock a strong advantage over competitors in the asbestos-free market. What is the state-of-the-art equipment that is being referenced there? A. That's the textile facility in Sherbrooke, Quebec, Canada that was opened in approximately 1976. Q. And in fact, the Palmyra plant did not have a -- any longer a textile facility at that time, did it, or was that phased out? A. No, there wasn't. The textile operation in Palmyra no longer exists, that's correct. Q. Why was it that you shifted it from - I assume you shifted to Sherbrooke from Palmyra. A. Well, I think there were a couple of reasons. Even in 1976 a lot of the textile products that we manufactured were asbestos-containing products. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 215 1 All the mines for asbestos, the ones 2 that I mentioned, JM, Bell, I forgot the third 3 one. Lake, were all in Canada. And in addition 4 to that, there was a study done on our textile 5 facility in terms of I guess I would say air 6 sampling. And the -- it was decided to build a 7 new facility that would be able to meet current 8 and future standards in terms of air quality. 9 And the location of the plant in 10 Canada, the fact that we had an employee who 11 was a Canadian, who had expertise in that area, 12 I assume were all factors in opening that 13 operation there. It was never ---- no one has 14 ever explained to me the specific details 15 behind opening or closing either facility. 16 Q. The air quality testing that was done 17 in Palmyra, was that external to the plant or 18 was it internal to the plant? 19 A. Internal to the plant. 20 Q. What was it they were testing for? 21 Air quality? 22 A. Well, I believe in 1972 OSHA -- if not 23 before, OSHA had standards for monitoring air 24 quality. So any testing that was being done in 25 the middle '70s I assume would be following Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 216 1 procedures and regulations as mandated by OSHA. 2 Q. Was part of that asbestos air quality? 3 A. Yes. 4 Q. And when was it -- the Palmyra plant 5 closed down, that operation again? 6 A. Approximately 1975. I don't know the 7 exact date, and it was approximately 1976 when 8 the facility in Canada opened. 9 Q. Was there a gap between closing one 10 and opening the other? 11 A. I don't honestly know. 12 Q. The, the textile plant in Canada, does 13 that actually prepare materials that are then 14 used in 'Palmyra? 15 A. Yes. 16 Q. So they have to be what, trucked in 17 from Canada to Palmyra? 18 A. Yes. 19 Q. And it was, it was decided that it 20 would be more efficient than improving the 21 facility in Palmyra? 22 A. I assume so. 23 Q. Was the Sherbrooke plant brand new 24 when it was built? 25 A. Yes, it was. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 217 1 Q. And that was *75, '76? 2 A, Yes, '76. 3 Q. Next to the last page, time to clear 4 the air. what does that refer to? 5 A. Well, my belief is that there was a 6 lot of misunderstanding perhaps about asbestos 7 or non-asbestos products and their ability to 8 do the job. There has never been a single 9 non-asbestos product that we've been -- that 10 we've been able to develop that allows us to 11 replace asbestos in all the applications that 12 it's operated under in terms of temperature and 13 fire resistance and oxidation resistance, et 14 cetera. 15 But in the development of the 16 non-asbestos materials, we did develop the 17 ability to make products that sealed better. 18 And one of the things that I mentioned was the 19 Clean Air Act. Of course, there was already a 20 Clean Air Act in existence, but there was a new 21 one being promulgated which eventually was 22 passed in 1990, and as the column on the right 23 shows, there's a reference to EPA regulations 24 and what was expected there. And again, the 25 belief that our product allowed, in the Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 218 1 applications in which it would work, would 2 provide a tighter seal, a seal that didn't leak 3 as much. 4 Q. Are you saying that it was time to 5 clear the air of asbestos in the air or trying 6 to clear the air of the confusion over 7 asbestos? 8 A. And the pollution associated with VOC 9 leaking into the atmosphere. 10 Q. All of those things? 11 A. I don't know that it had any reference 12 to asbestos, no. 13 Q. Well, I mean this document has 14 reference to asbestos, doesn't it? 15 A. The document is designed to draw the 16 customer 's attention to the differences in 17 performance between asbestos and a non-asbestos 18 product and reasons why the non-asbestos 19 product should be evaluated, one of which is 20 its sealing performance. 21 Q. When you say nobody has been more 22 aware of it than Garlock, are you referring to 23 Garlock' s familiarity with asbestos; the 24 asbestos that is being used as a product? 25 MR. CONNOR: Objection. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 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 THE WITNESS: Page 219 Well, again, I was part of the group that helped develop this, and there was no discussion in those groups about asbestos other than in its performance characteristics as a seal, and the very real fact that I believe we could show that against chlorine, for instance, that the leak rate of compressed non-asbestos sheet was approximately ten times better than that of compressed asbestos sheets. So it was in that context that this information was presented. BY MR. ZUYDHOEK: Q. Are you saying that health issues with respect to asbestos had nothing to do with the generation of this document? A. Yes. All of our products were encapsulated. They were -- we were able to sell them. We probably could still be selling them. Q. Were there any tests done at Garlock concerning the release of asbestos fibers in the plant? A. Oh, I mentioned air quality monitoring that was done. There was air sampling done in the areas of the plant that worked with raw Alderson Reporting Company, Inc, 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 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 asbestos fiber. Page 220 The products that we shipped were encapsulated, but in the production of the textiles and the production of the compressed sheet we were working with raw fibers, and there was air monitoring that was done. Q. How about tests done in connection with the removal of asbestos from, from gaskets or from the flanges of gaskets and the removal of asbestos gaskets? Were any air tests done on those? A. Yes, there were air tests done. They*re referenced in our answers to interrogatories. There was numerous tests that have been done by industrial hygienists on behalf of Garlock. Q. Okay. And were there tests done when asbestos sheets were cut? A. The -- I'm not certain what you mean by that. In the industrial hygiene tests that I referred to -- and I don't -- there's, I think, a hundred or close to that, so I don't pretend to know the details behind each one, but the fabrication of gaskets is part of some of the tests. Q. Okay. So actually taking a sheet of Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 221 1 compressed asbestos gasket and cutting it, 2 you've tested the air in that process? 3 A. Yes, sir. 4 Q. And those -- 5 A. I believe that's true. 6 Q. Okay. And what were the results of 7 those tests? 8 A. Well, again, there's many tests. 9 Generally when I review them, I'm looking at 10 the very beginning and at the very end to see 11 frankly what the conclusions are. To my 12 knowledge, the conclusions of all of those 13 tests were that the fiber release, if any, was 14 within existing permissible levels. 15 Q. And those tests were done by Garlock 16 or by an independent lab? 17 A. By an independent lab. 18 Q. And those tests -- the results of 19 those tests are published and available? 20 A. They have been produced previously, 21 yes, sir. 22 MR. ZUYDHOEK: I call for the 23 production in this litigation of those. 24 MS. CATALANA: I believe those are 25 what you've already asked for. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 4001-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 222 1 MR. CONNOR: It's what you've 2 referenced. 3 MR. ZUYDHOEK: Okay. 4 BY MR. ZUYDHOEK: 5 Q. Have you ever witnessed any of that 6 testing? 7 A. No, sir. 8 Q. The, the warnings that were identified 9 in the, in the document of the product 10 liability committee -- and I think you said 11 although that one was dated in '77, there were 12 some that went on in *72. 13 A. Yes, sir. 14 Q. Were there any prior to 1972? 15 A. I don't believe so, no, sir. 16 Q. So you can say that there were no 17 warnings on the products themselves prior to 18 1972? 19 A. That's correct. 20 Q. And that would be on any of the 21 asbestos-containing products? 22 A. I believe so, yes, sir. 23 Q. And you specifically looked to 24 ascertain that as part of your responsibilities 25 as the corporate representative? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 A. Yes, sir. Page 223 2 Q. How about the use of respirators or 3 dust masks, that sort of thing? Has Garlock 4 ever made any recommendations to its customers 5 with respect to the use of those devices? 6 A. I don't believe Garlock believes that 7 it's necessary because its products are 8 encapsulated, but to my knowledge, no, Garlock 9 has never made any recommendations to its 10 customers. 11 Q. And if, in fact, they had made that 12 recommendation, you would know it, wouldn't 13 you? 14 A. I believe so, yes. 15 Q. Are you able to tell me what -- would 16 all of the instructions pertaining to the 17 installation of Garlock gaskets be in the, the 18 brochures and the catalogues that you referred 19 to? 20 A. I think so. I think in our current 21 catalog, page thirty-eight. 22 Q. To be precise. 23 A. Well, we change our catalog 24 periodically. If we've altered it and added 25 any pages, that may not be correct. I believe Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 224 1 all the catalogs have some information, and 2 the, the information that's contained there 3 would be the extent of the information I 4 believe we published. 5 Q. Okay. But the current catalog 6 wouldn't be referring to any 7 asbestos-containing material -- products, 8 right? 9 A. No, but I don't believe we've changed 10 the language since the discontinuance of 11 asbestos products. 12 Q. Okay. And so the same language would 13 have existed back in those years when there 14 were asbestos-containing products in terms of 15 the language in the brochures and catalogs? 16 A. Without reviewing each catalog, I 17 couldn't tell you that absolutely. I don't 18 believe that there's been a material change in 19 the instructions. 20 Q. I take it Garlock knew when it sold 21 asbestos-containing products in '55 to *60 that 22 the sheet would be cut by the customer 23 representatives and the gaskets themselves, 24 when it was necessary, would be removed by the 25 customers. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 225 1 A. I'm not sure I can say exactly what we 2 knew. It was typical for us to sell sheet and 3 to sell gaskets. It was also typical for the 4 distributors who distributed our products to 5 also fabricate gaskets, but it was certainly 6 known to me that customers also bought sheets 7 of material and cut their own gaskets. 8 Q. And in fact, I think we've already 9 established, haven't we, that in between *55 10 and '60 there weren't any distributors? It was 11 direct sales? 12 A. That's correct. 13 Q. Okay. Can you tell me that a Garlock 14 gasket can always be removed from the flange 15 using a putty knife? 16 A. I can tell you that a putty knife can 17 always be used to remove a gasket. Whether or 18 not the gasket is removed to the satisfaction 19 of the customer using a putty knife, I can't 20 say. 21 Q. And what is it about the -- in the 22 process of gasket use that causes the gasket 23 material to become stuck to the flange? 24 A. Well, I don't think I can answer that 25 a hundred percent accurately, but flanges get Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 226 1 rusty. Depending on the duration that the 2 product has been in service -- the customer 3 determines what sealing performance is, what 4 adequate performance is and generally when to 5 replace the product. 6 So depending on the temperature 7 probably -- most probably the temperature, 8 perhaps the pressure, the design of the flange, 9 how long the product has been in service, but 10 one, one aspect that would be likely to harden 11 the gasket would be exposure above three 12 hundred degrees, let's say, where the 13 elastomer -- the rubber that's used to bind the 14 gasket together begins to harden. 15 Q. And under those circumstances is a 16 putty knife the instrument that would remove 17 the gasket completely from the flange? 18 A. Perhaps. 19 Q. And I presume that you knew some 20 customers were -- would have piping that would 21 be carrying liquids in excess of those 22 temperatures ? 23 A. Yes. 24 Q. How about use of a rotary wheel to 25 remove gaskets? Have you ever heard of that? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 227 1 A. I've heard of it. We don't 2 specifically recommend it, but I've certainly 3 heard of it, yes, sir. 4 Q. You know it's done? 5 A. Yes, I do. 6 Q. And is there a reason why you do not 7 recommend it? 8 A. Well, again, most of our language 9 regarding the removal of gasketing is centered 10 around the need to properly remove the 11 gasket -- any remnants of the gasket so that 12 there's a clean sealing surface. 13 The way the gasket works is the 14 serrations on the surface of the flange grip or 15 bite into the surface of the gasket, and that's 16 what creates the seal and keeps the gasket from 17 being blown out. You don't want to do anything 18 to damage those serrations because if you do, 19 your sealing performance will suffer. 20 So a lot of our language had to do 21 with the fact that you do need to clean it and 22 you need to make sure you don't damage the 23 sealing surface. 24 Q. And by virtue of the operation of 25 piping and the, and the gaskets, the gasket Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 228 1 material itself becomes stuck to the 2 serrations? 3 A* It can be, yes. 4 Q. Were you ever aware -- made aware of, 5 of customers misusing Garlock gaskets in terms 6 of either installation or removal? 7 A. Misuse is kind of a broad category. 8 Am I aware of -- have I ever been aware of 9 customers putting a material in a service 10 that -- for which it was not designed either 11 from a temperature standpoint or chemical 12 capability standpoint or whatever? Yes. 13 Have I ever known a customer to not 14 properly load the gasket by properly tightening 15 the bolts and so forth? Those would be typical 16 of the kind of conversations we would have with 17 a customer. Beyond that, I'm not sure what 18 misuse would, would, would pertain to. 19 Q. Does your catalog make torquing 20 recommendations? 21 A. Yes. 22 Q. And in terms of, of removal, have you 23 ever heard of what you would consider misuse in 24 terms of the way the gasket is removed? 25 A. Well, the misuse that I would, I Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 229 1 would -- the way I would use that term would be 2 if the customer did something that damaged the 3 sealing surface of the flange and rendered the 4 surface unable to create a proper seal. 5 Q. Of course the sealing surface of the 6 flange is, is not a Garlock product. 7 A. That's correct. 8 Q. There's a flange manufacturer, I take 9 it. 10 A. Yes, sir, or equipment manufacturer. 11 Q. Have you ever heard any, heard any 12 complaints about du Pont misusing Garlock 13 gaskets? 14 A. No, I haven't. Again, I'm not sure 15 what misusing means, but probably du Pont has 16 improperly installed a gasket sometime in their 17 life, but I'm not aware of it specifically, no. 18 Q. The respirators that you mentioned, 19 they were available at the Garlock plant for, 20 for the people that worked in the textile area? 21 A. Yeah. I really can't speak to that 22 with any great detail, but I specifically do 23 recall in Mr. Houghton's deposition he 24 referenced the use of respirators, so I use it, 25 as well. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 230 1 Q. Your knowledge in that regard would 2 depend completely on Mr. Houghton's description 3 in his deposition transcript? 4 A. I don't know if exclusively is the 5 right word. I'm certain that I've talked to 6 people over the years about it and I've 7 observed it as I walk through the plant, and I 8 have had conversations with our health and 9 safety people, but I certainly do rely. 10 particularly for years prior to my service 11 beginning, on Mr. Houghton's description. 12 Q. Do you distinguish between a 13 respirator and a dust mask? 14 A. I hope he would. I assume a dust mask 15 is one thing and a respirator is another, but I 16 don't -- I don't have any training in that 17 area. 18 Q. I mean, would you be able to see one 19 and say that's a dust mask and see another and 20 say that 's a respirator? 21 A. I think so. 22 Q. Well, describe both for me. 23 A. Well, a dust mask I've used in my own 24 shop. 25 Q. In your basement? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 231 1 A. No, in the woodshop. And it's a -- it 2 fits over the nose and mouth, and it's held by 3 an elastic band, and it simply provides the 4 exclusion of dust* And I'm certain, however, 5 that even those masks can be had in various 6 levels of filtration. 7 A respirator -- I've seen a respirator 8 used. For instance, it's a standard procedure 9 in the cleaning out of a mixer. The mixer, as 10 I mentioned before, is the device where the 11 dough is created, and that's true for both 12 compressed asbestos and compressed 13 non-asbestos. 14 And in order to solvate the rubber, we 15 add toluene. If someone is going to work in 16 the mixer to clean it out, they have to wear a 17 respirator. So a respirator is a device which 18 allows someone to breathe air without breathing 19 the air in the area that they're in, or 20 perhaps -- again, I'm not an expert in that 21 area, perhaps through filtration of the air. 22 Q. The mixer is big enough that you would 23 actually be inside of it when you're cleaning 24 it out? 25 A. Well, you'd be leaning into it. The Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 232 1 earlier mixers -- the name -- I recall the name 2 now- It's Mogul. The old Mogul mixers mixed a 3 batch of eight hundred pounds of dough, so they 4 were very large. And I'm talking more about 5 leaning inside even the smaller mixers, which 6 do approximately I think four hundred pounds or 7 somewhere between -- I think it can vary 8 between two hundred fifty and four hundred 9 pounds. They're in an area where, for 10 protection purposes, we just want to make sure 11 that the operator is safe. 12 Q. And a Mogul mixer, that would be big 13 enough for a man to actually get inside of it? 14 A. It's big enough. I don't know that 15 anyone ever did. I mentioned the clam shell 16 type construction. As it rotated forward, the 17 top came up. So I have no knowledge of any 18 practice of an employee to climb inside, but 19 it's big enough to. 20 Q. Okay. You said the respirators -- 21 Houghton testified about the respirators. Did 22 he talk at all about dust masks? 23 A. I simply don't recall. 24 Q. Okay. Did you ever wear any 25 protective -- breathing protective device in Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 233 1 the vicinity of any place in the Palmyra plant? 2 A- Not to my recollection, no. 3 Q. Were either respirators or dust masks 4 mandatory as far as the employees in the, in 5 the mixing area or the -- where the raw 6 asbestos was being mixed? 7 A. I'm not certain. 8 Q. How about clothing? Did the people 9 that worked on the raw asbestos area have any 10 special clothing? 11 A. Well, again, the -- I can't really 12 speak to years and years ago. The employees 13 who -- and the textile department hasn't 14 existed in Palmyra since 1975^ but compressed 15 asbestos sheet was made as recently as December 16 31st of 2000. 17 The employees who work in that area 18 wear a No-Max fire retardant garment which is 19 designed to protect them in case of a fire and 20 so forth; provide some protection. And that, 21 that suit or outfit is put on when you come to 22 work and, and disposed of -- not permanently 23 disposed of but taken off before you leave. 24 And they're, pretty certain, laundered by an 25 outside company. Aldersoa Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 234 1 Q. Are they laundered on a daily basis or 2 weekly basis? Do you know? 3 A. I don't know. 4 Q. I take it by that there's a fire 5 hazard in the plant or you wouldn't be wearing 6 the No-Max. 7 A. Well, you're working with toluene and 8 that's flammable, and that was part of the 9 issue in the development of the non-asbestos 10 products. 11 Asbestos is not electrically 12 conductive. Carbon is. Graphite is. Kevlar 13 is. So part of the -- beyond the -- getting a 14 product with the right fiber length, size, 15 modulus of elasticity, chemical resistance 16 there was also the problem of making sure that 17 when we worked with the material, that it 18 didn't generate static electricity, and, as a 19 result, a fire, and we did have fires that 20 occurred in our plant as a result of working 21 with non-asbestos fibers. 22 Q. Were the employees that worked with 23 the raw asbestos, did they have locker rooms 24 and showers and things of that nature? 25 A. Yes. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 235 1 Q. Were they required to take a shower 2 when they went home at night? 3 A. I don11 know. 4 Q. Is there a fiber preparation machine 5 operator? Is that a position that -- 6 A. Well, I think we saw in Mr- Thurley's 7 case he was a fiber prep operator or something 8 like that. So I take that to be a textile 9 position, but I'm not certain. 10 Q. And are you aware of the detail of 11 that operation; what he does? 12 A. No, sir. I don't believe that job 13 exists any longer. Certainly not in Palmyra 14 since 1975. 15 Q. Mr. Thurley worked from '68 to '96, so 16 he could have been doing it from '68 to '75? 17 A. It's possible. 18 Q. Do you know how the shipments of the 19 raw asbestos arrived at Palmyra? 20 A. Well, primarily they arrived by truck. 21 At one time we did have a rail line that had 22 access to the plant, so I guess it's 23 conceivable -- no one has ever told me about 24 receiving asbestos fibers via rail. The only 25 thing I'm familiar with is receiving it via Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 236 1 truck, and it would then be in a bale form, 2 Q. And how are you familiar with it? Do 3 you remember it? 4 A, Yeah, sure, I remember it. And I've 5 discussed it, for instance, with Mr. Whittaker. 6 ^ Q. And a bale, describe a bale to me. 7 What are the sizes? 8 A. Well, the bale, as I recall -- I'm not 9 certain, but the bale as I recall it would 10 probably be something less than four feet by 11 four feet and weighing several hundred pounds. 12 So they're relatively large bales. 13 Q. Wrapped in? 14 A. Well, at one time burlap. Later after 15 the installation -- or certainly when we 16 received -- after the installation of the 17 vacuum de-bagging unit they were wrapped in 18 plastic, but certainly there was a period of 19 time, years I'm sure, where they were received 20 with burlap. 21 Q. And I take it that burlap wouldn't be 22 as confining as the plastic would be. 23 A. I don't know. 24 Q. Do you know why they switched from 25 burlap -- the, the manufacturer switched from Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17> 2003 1 burlap to plastic? Page 237 2 A, I don't know why they did, but I know 3 that it worked -- that was the, that was the 4 preferred way of receiving the material so that 5 it would work properly with the vacuum 6 de-bagging unit. 7 Q. So was, as far as you understood, the 8 vacuum de-bagging unit designed for use with 9 plastic bales of raw asbestos? 10 A. I don't know, sir. 11 Q. Do you ever remember seeing raw 12 asbestos on the floor that had to be swept up? 13 A. Yes, I believe so. 14 Q. And what, what area was that? 15 A. The textile department. 16 Q. And was that done on a daily basis? 17 A. I have no idea. 18 Q. And how did you know it was asbestos? 19 A. That was what was being produced in 20 that department. 21 Q. And, and which, which building would 22 that have been in? 23 A. I believe it would be building seven. 24 Q. And, and in that area where you 25 remember seeing asbestos, raw asbestos on the Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 238 1 floor, what was the ventilation like? 2 A. Well, I know that they had 3 ventilation. Even Mr. Houghton talks about the 4 fact that there were such things as vacuum 5 boxes and various suction devices that were 6 used to control dust being generated at any 7 particular piece of equipment and that it went 8 into a ventilation system, but that's the 9 extent of my knowledge basically. 10 Q. But if it had to be swept up off the 11 floor, it wasn't being picked up by the vacuum 12 ventilation devices, I take it. 13 A. That would seem to be true. 14 Q. Did you ever see somebody sweeping it 15 up? 16 A. Yeah, I believe so. 17 Q. What did they use? 18 A. It looked like they were using a broom 19 to me; a wide broom. There wasn't very much of 20 it, but they were sweeping something up. 21 Q. And they did it on a daily basis? 22 A. Again, I don't know how often it had 23 to be done. 24 Q. Was there -- did they have any process 25 of wetting it down before they swept it up or Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 did they just sweep it up dry? Page 239 2 A. Well, the textile department had an 3 atomization -- a water atomization unit, so 4 there was water being sprayed into the air as I 5 recall, and I don't recall it being very dusty. 6 But your question was simply did I see them 7 sweeping up asbestos, and I believe that's 8 true. 9 Q. And the reason to spray water into the 10 air was to reduce the airborne asbestos fibers? 11 A. I believe it's been a practice in the 12 manufacturing of textile for many years to 13 either work in a humid climate or to atomize 14 the water into the air because it --- it's a 15 benefit to the operation. All the benefits I 16 don't pretend to be aware of. 17 Q. Is that asbestos textiles or all 18 textiles? 19 A. I don't know, sir. 20 Q. Do you remember seeing that; somebody 21 actually doing that sweeping operation? 22 A. Yes, I believe so. 23 Q. Were they wearing a dusk mask? 24 A. I don't know. 25 Q. Were they wearing a respirator? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 A. I don11 know. Page 240 2 Q. Do you think you would remember if 3 they were? 4 MR. CONNOR: Objection. 5 THE WITNESS: I don't know. 6 BY MR. ZUYDHOEK: 7 Q. When you remember seeing somebody 8 actually doing that sweeping up of asbestos 9 fibers, were there any signs in the area about 10 asbestos? 11 A. I don't recall. 12 Q. When you started in *72, were the 13 chest x-rays -- were there mandatory physicals 14 in the plant? 15 A. I can't say with any certainty. I 16 know that we have had a medical monitoring 17 program. I know that Mr. Houghton talked about 18 it in his deposition. I know that there's no 19 documents that date back past OSHA that I've 20 been able to find. 21 Q. Have you looked for them? 22 A. Yes, sir. So what specifically was. 23 done, I don't know. 24 Q. Have there been any OSHA violations 25 cited at the Palmyra plant? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 241 1 A. Of any type whatsoever? 2 Q. Asbestos, 3 A. I have never personally seen any 4 citations, I do believe that there may have 5 been- I don't know whether a citation was 6 issued, but I do believe that that was part of 7 the evaluation of the upgrades that would be 8 required in the textile operation in 1975 which 9 eventually led the company to build a new 10 facility, 11 Q. Okay. So part of the reason to do it 12 was either the OSHA regulations or the presence 13 of an OSHA inspector or the possibility of a 14 violation? 15 A. I don't know. 16 MR, CONNOR: Objection. 17 BY MR. ZUYDHOEK: 18 Q. If you were to look for a violation 19 that went that far back, where would you go to 20 look for it? 21 A. Probably in the health and safety 22 files. 23 Q. It would be documented, wouldn't it? 24 A. I would think so. 25 MR. ZUYDHOEK: I make a request that Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 242 1 any -- that the health and safety files be 2 searched for any OSHA violations pertaining to 3 asbestos, 4 MS, CATALANA: For any particular time 5 period? 6 MR. ZUYDHOEK: Yes. From OSHAfs 7 beginning until the current time, but obviously 8 we're going to be focusing on the '70s. 9 MR. CONNOR: The December OSHA -- I 10 think OSHA came in in December of '70, I 11 believe. I will note for the record we 12 certainly object to the relevance of such a 13 request. 14 BY MR. ZUYDHOEK: 15 Q. Did Garlock hold regular safety 16 meetings for the employees? 17 A. Yes. 18 Q. How often? 19 A. I have no way of knowing historically 20 how often they're held, but I believe that 21 they're currently held as often as once a week, 22 but I don't know if that frequency has changed. 23 I would say that certainly in, in my 24 years in manufacturing if there was any lost 25 time, an accident, for instance, or there was a Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 243 1 condition that existed, we would hold a safety 2 meeting immediately, that there was a normal 3 routine that was followed in terms of the 4 frequency. 5 So that if there were no unusual 6 occurrences or problems or injuries, we would 7 meet on a regular basis, whatever was 8 predetermined. But if something unusual 9 required a, a meeting, we would have a meeting 10 immediately. 11 Q. Is it required -- for example, when 12 you started in 1972 was it required that you 13 attend safety meetings? 14 A. I don't think so because I was a, was 15 a salaried employee, so primarily, but not 16 exclusively, safety meetings were held on a 17 regular basis for the hourly employees. 18 Q. And it was held by the safety 19 department? 20 A. Well, meetings certainly have been 21 held by the safety department, but it's the 22 responsibility of the supervisor in each area 23 to hold safety meetings on a regular basis. 24 Q. And how big was the safety department 25 in Palmyra in 1972? How many employees? Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 ] -800-FOR-DEPO Washington, DC 20005 James Heffron Rochester* NY April 17, 2003 Page 244 1 A, I would think as far as the safety 2 department itself, probably a single 3 individual. 4 Q. Okay. And do you remember who that 5 was; who would have been in charge of safety 6 then? 7 A. I'm certain it's in our answers to 8 interrogatories. In '72, I'm not sure. 9 Q. Do you ever recall asbestos being part 10 of a safety meeting? 11 A. Well, as to whether or not asbestos 12 was part of a safety meeting on a regular basis 13 with our hourly employees I don't have any way 14 of knowing because I would not have attended 15 those. I don't recall any of the safety 16 meetings that I was ever at anything like that 17 being discussed. 18 Q. Did Garlock ever use any barricades 19 to, to keep employees away from dusty areas? 20 A. Well, barricade to me, I think of a 21 wooden saw horse that's set up or something 22 like that. In some areas, for instance, the 23 textile area where a vacuum was drawn in order 24 to handle the air, there were -- I'm sure 25 you've seen the plastic sheeting that hangs Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 245 1 down that's approximately four inches wide, and 2 if you want to gain access, you just simply 3 push through that. I seem to recall something 4 like that. Beyond that, I don't recall 5 anything that I would refer to as a barrier of 6 any sort. 7 Q. Would that type of barricade preclude 8 dust from filtering through? 9 A. It's a barrier -- I don't know if it's 10 barricade, but its purpose, from my 11 understanding, was -- because I've seen it in 12 many other areas that are simply trying to 13 create a positive air flow. It's used to block 14 off an area so that adequate suction can be 15 obtained to create the draw necessary. 16 Q. Does Garlock keep track of 17 asbestos-related diseases of its employees? 18 A. Well, it has a medical monitoring 19 program, and it certainly would be aware 20 through Workers' Compensation cases. Any other 21 method of tracking, that I'm unaware of. 22 Q. Does the exhibit that we've marked 23 contain all of the Workers' Compensation cases 24 for asbestos diseases up until 1999? 25 A. I believe it contains all of them up Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 through 1999, yes, sir. Page 246 2 Q. Would there be more after 1999? 3 A. The document -- the most recent 4 document I think is about a page and a third, 5 so there might be a few. 6 Q. Four or five more cases? 7 A. One or two. Two or three. I'm not 8 certain that that's the case. 9 MR. ZUYDHOEK: We will ask for the 10 production of the current document of Workers' 11 Compensation claims. 12 BY MR. ZUYDHOEK: 13 Q. Is there any other document that's 14 maintained with respect to the medical 15 monitoring, for example? 16 A. Not that I'm aware of. 17 Q. For example a, an employee who's still 18 working that might have some pleural changes 19 that have been diagnosed but he's not filed a 20 Workers' Compensation claim because he's not 21 lost any income or time on the job. Is there 22 any document like that? 23 A. Well, there are files that are kept on 24 all existing employees with relevant 25 information, and any employee who ever worked Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 247 1 in an area working with raw asbestos fiber is 2 eligible for the monitoring program or 3 participates in the monitoring program. 4 So what information might exist as to 5 the current state of their chest x-ray, for 6 instance, I don't know; probably notations, but 7 I would expect that that type of information 8 would appear in an employee's file. 9 MR. CONNOR: Again, if it were to 10 exist? 11 THE WITNESS: If it exists. 12 BY MR. ZUYDHOEK: 13 Q. Did Garlock use pipe fitters in its 14 plant? 15 A. I'm not sure if we still have the 16 designation pipe fitter or not, but I would say 17 yes. 18 Q. So there was a time when you actually 19 had employees who were pipe fitters? 20 A. Yes, I believe so. 21 Q. And they would be involved in pipe 22 fitting including the installation and removal 23 of gaskets? 24 A. To the extent that that was done, if, 25 if, if a gasket needed to be installed or Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 248 1 removed. I would expect that the pipe fitters 2 would be the ones who would do that. 3 Q. And how about insulators? Did Garlock 4 use insulators? 5 A. Never seen any. 6 Q. David Smith, Garlock employee named 7 David Smith? 8 A. Yes. 9 Q. What's his job? 10 A. David is a -- he works in the high 11 pressure sheet area, and the last I knew he was 12 a mixer operator. In other words, he mixes 13 dough prior to the material being sheeted. 14 Q. Gene Simmons, G-E-N-E. Not the 15 actress. Name ring a bell? 16 A. Does not ring a bell, no, sir. 17 Q. John Hardy? 18 A. No. 19 Q. Bob Wiley? 20 A. Yes. 21 Q. What's his job? 22 A. Bob works in customer service, and I 23 think pretty much for his entire career he's 24 worked in government sales; probably not 25 exclusively government sales anymore. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 Q. Gordon Baker? Page 249 2 A. Yes. 3 Q. What's his job? 4 A. He is a -- he works with engineering 5 and construction firms on specifications. I'm 6 unsure of his exact title, but we'll say 7 something like manager of specifications. 8 Q. Alice Roberts? 9 A. That's L.S. Roberts. 10 Q. Sorry. 11 A. But it's actually Lagoo or something 12 like that. He's Cajun, and he is a Garlock 13 area manager which is a term we use for sales 14 representative. 15 Q. Would there be organizational charts 16 for Garlock available from 1955 to 1960? 17 A. No. 18 Q. Are there any records of Garlock other 19 than the Hemeon report and the minutes that 20 we've talked about that you know of? 21 A. Well, there's certainly catalogs and 22 brochures and things such as that that exist 23 from that time. Not much else that I've seen. 24 Q. Has there been any attempt by Garlock 25 to identify what products Robert Krieger might Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 250 1 have been using at du Pont between 1955 and 2 1960? 3 MR. CONNOR: Do you mean other than 4 his description in his deposition? Are you 5 talking about style numbers? 6 MR. ZUYDHOEK: I'm trying to find out 7 if there's anything more specific than what he 8 has in his deposition. 9 THE WITNESS: The process that we use 10 doesn't always involve me. For instance, if a 11 request comes through on a regular basis to 12 review our records to see whether or not any 13 records -- we can find any sales records for a 14 plant, a business location, since our records 15 only go back to 1974, and we went to industrial 16 distribution in the late '60s to certainly 17 complete by 1972, it's very rare for us to find 18 a record of any customer that's referenced 19 other than a Garlock distributor. So if a 20 request were to come through asking to look for 21 sales to du Pont in 1955 to 1960, we would -- 22 our answer would be there are no records. 23 MR. ZUYDHOEK: Mr. Krieger was a 24 self-employed plumber up until the time he 25 retired. After he left du Pont if he had any Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 251 1 occasion to use Garlock products would he have 2 purchased them from a distributor? 3 MR. COMERFORD: Objection. 4 MR. CONNOR: Same objection. 5 THE WITNESS: I don't have any way of 6 knowing that. 7 BY MR. ZUYDHOEK: 8 Q- It wouldn't -- a plumber wouldn't buy 9 directly from the company, would he? 10 A. No, sir. 11 Q* Okay. Is there any -- has Garlock 12 made an attempt to quantify the amount of 13 asbestos fibers that Mr. Krieger might have 14 been exposed to? 15 A. I have no knowledge of that. 16 MR. CONNOR: Just a late objection. 17 but it's -- that might be the subject of 18 potential expert testimony. 19 MS. CATALANA: Do you have a time 20 frame just because we have a flight? I'm 21 trying to feel you out as to -- 22 MR. ZUYDHOEK: Five minutes. 23 MS. CATALANA: Oh, really. 24 MR. ZUYDHOEK: Maybe not even that. 25 BY MR. ZUYDHOEK: Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 252 1 Q. Do you know whether the amount of raw 2 asbestos used by, by Garlock changed over the 3 years up until the time that it was phased out 4 completely? 5 A- Well, there's a document that I 6 reviewed that goes from about 1968 to about 7 1983 that lists all asbestos fibers purchased 8 by Garlock and indicates their fiber type and, 9 and source of supply. 10 Those years certainly show a variance 11 in the amount of fiber that we purchased. By 12 the time we discontinued compressed asbestos 13 sheet in December 31st of 2000, the volume of 14 asbestos was very, very small. 15 Q. Is that a document that you've 16 previously testified with respect to? 17 A. No, but again, I was the, I was the 18 marketing manager at that time and I know I've 19 reviewed the sales during that time frame, so I 20 know that the -- what the sales were at that 21 time frame and I know what sales were in 22 previous years, so. 23 Q. Is that document a single-page 24 document? Multi pages? 25 A. I'm thinking it might be a two-page Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April i7> 2003 Page 253 1 document, but it's no more than that; perhaps a 2 single page. 3 MR. ZUYDHOEK: I request that it be 4 produced. 5 MS. CATALANA: I think we"re going to 6 certainly object to the relevance being that 7 it -- didn't you say the time frame was '68 8 to -- and beyond? 9 THE WITNESS: Yes. 10 MR. ZUYDHOEK: Well, okay. 11 MR. CONNOR: Well, you've made a 12 request. 13 MS. CATALANA: We're just noting our 14 objection. 15 BY MR. ZUYDHOEK: 16 Q. There's just -- in the answers to 17 interrogatories I saw the names of some 18 different facilities. and just so I understand. 19 mixing room, was there a mixing room at the 20 Garlock plant? 21 A. When you say a room, this is a room. 22 It has doors and windows. The area where the 23 mixing was done in prior to it moving to its 24 present location was in the basement of 25 building three. Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 254 1 So it wasn't a room -- to the best of 2 my knowledge it was not a room solely dedicated 3 to that. but the majority of the space in that 4 area was made up of the equipment that did the 5 mixing. So the mixing currently is done in the 6 same area or basic area where the sheeting of 7 the product is done. 8 Q. And carding. Was there a carding room 9 or a carding area? 10 A. I don't know, sir. 11 Q. Okay. Twisting machines. For the 12 twisting machines, is that part of the -- 13 A. Textile operation. 14 Q. Okay. Weaving. That would be part of 15 the textile? 16 A. Yes. 17 Q. Winding? 18 A. Winding would be part of the textile. 19 Q. Spooling? 20 A. Spooling would be part of the textile. 21 Q. Ring spinning? 22 A. I'm not really familiar with ring 23 spinning , but the way it's described certainly 24 makes it sound like it's part of textile. 25 Q. Well, I am finished today. I reserve Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 l-BOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 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 Page 255 my rights to ask again for further testimony based on the production of documents that have been called for and haven't yet been produced, but we'll advice on that if and when they are produced. MR. COMERFORD: I'll probably be five minutes. Can I jump in? MS. CATALANA: Sure. EXAMINATION BY MR. COMERFORD: Q. Mr. Heffron, my name is John Comerford. We met briefly outside. I know it's been a long day and you've answered a lot of questions. I'll try to go quickly. Sir, is it true that once you were designated the corporate representative you did what you -- you attempted to do everything reasonable to obtain what you believe is sort of a good history of Garlock so you could testify at depositions like this? A. Everything that I believe is reasonable, yes. Q. Okay. And sir, we've heard about some of these Workers' Compensation claims. I just Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 Page 256 1 want to go over some names with you and see if 2 any of them sort of ring a bell with you. Are 3 you familiar with a case -- a gentleman coming 4 down with malignant mesothelioma named 5 Frederick Douglas that took place sometime in 6 the late 1980s? 7 A, The name is not familiar to me, sir, 8 I don't generally get involved in any way in 9 compensation cases other than in the context of 10 today, but -- so the name is not familiar to 11 me, 12 Q. Are you familiar with a third-party 13 case someone coming down with an 14 asbestos-induced signature cancer known as 15 mesothelioma out of the Garlock plant sometime 16 in the late 1980s or early '90s? 17 A. I'm not sure if I understand the 18 question. 19 Q. As you sit here today do you remember 20 any Garlock employee out of the Palmyra plant 21 who -- which you later learned to believe to be 22 a malignant mesothelioma? 23 A. If it was, I believe it would be 24 identified on the Workers' Compensation cases 25 and I'm -- so I don't know. I'm not aware of Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 any. Page 257 2 Q. Are you aware of any mesothelioma 3 cases where, for whatever reason, the estate or 4 the person with mesothelioma didn't file a 5 compensation claim but did, in fact, have an 6 asbestos-related disease such as mesothelioma? 7 A. I'm not aware of any, no. 8 Q. Okay. Are you familiar with a 9 gentleman named Mr. Durfy who developed 10 asbestosis who worked out of the Garlock plant? 11 A. Well, did you ever -- he is a name 12 that's familiar to me, but I don't know if it's 13 familiar to me because of that context or not. 14 Q. Are you generally familiar with a 15 Workers' Compensation claim of a gentleman 16 named Mr. Durfy who actually had two employers, 17 Kodak and Garlock? I'm only saying that to see 18 if it refreshes your recollection. 19 A. No, sir. Is he on this list? 20 Q. Well, I don't have the updated list. 21 A. Okay. 22 Q. And are you familiar with a gentleman 23 named Mr. Diefenderfer who passed away from 24 malignant mesothelioma and there's a pending 25 Workers* Compensation claim for? Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 A. Yes, I am. Page 258 2 Q. And did you actually know 3 Mr. Diefenderfer? 4 A. Yes. 5 Q. When did it come to your -- when did 6 you become aware of his mesothelioma; before or 7 after his passing? 8 A. I don't know. I do know that it was 9 sometime in the last eighteen months or 10 possibly less than that. I don't know whether 11 he was deceased when I learned of it or not. 12 Q. Okay. And then I think there's a note 13 here of a Catherine Garnsey. 14 A. Yes. 15 Q. Did you actually know Ms. Garnsey or 16 know of her? 17 A. I think I know relatives of hers, but 18 I don't know her, no. 19 Q. And I think you know some relatives 20 because she had relatives that actually worked 21 at Garlock? 22 A. I believe so. The name is familiar. 23 Q. And you already mentioned Mr. Thurley 24 and that you have some kind of recollection of 25 him working at the plant. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 A. Yes, sir. Page 259 2 Q. Did you learn of his mesothelioma 3 while he was still living? In other words, 4 while he was still suffering with this disease, 5 did you become aware that he had filed a 6 Workers' Compensation claim? 7 A. I don't recall. I don't know. 8 Q. What is the process when a Workers' 9 Compensation claim is filed? When, if at all, 10 do you become aware of it? Is it within a few 11 months after it's established, before it's 12 established? What's the sort of policy? 13 A. I don't know that there's a policy. 14 The extent of my involvement is typically for 15 testimony such as this where there's a list of 16 employees who have filed Workers' Compensation 17 cases alleging illness due to exposure to 18 asbestos. I'm not consulted when a Workers' 19 Compensation case is filed. There is no 20 process to inform me that I'm familiar with. 21 Q. Are you ever contacted to seek your 22 advice on whether the case should be 23 controverted or accepted or rejected? 24 A. No, no, sir. 25 Q. And you've described some of the sort Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 260 1 of investigation you took to prepare yourself 2 to be this corporate designee. Did you ever 3 take it upon yourself to go see any of the 4 families of these Workers' Compensation victims 5 or even the claimants themselves such as 6 Ms. Garnsey, Mr. Diefenderfer, Mr. West, 7 Mr. Thurley, Mr. Durfy and discuss how and 8 where they were supposedly exposed to asbestos? 9 MR. CONNOR: Objection. 10 THE WITNESS: No, sir. 11 MR. COMERFORD: Would you agree with 12 me that if you're presenting testimony, to give 13 an honest and fair picture of what Garlock knew 14 when, that it would be appropriate to actually 15 speak to some of these Workers' Compensation 16 claimants? 17 MR. CONNOR: Objection. 18 THE WITNESS: No, not necessarily. 19 The knowledge that Garlock has is in the use of 20 raw asbestos fiber, and that would be if our 21 employees were exposed, that's how they would 22 be exposed. The extent of my involvement is 23 always with people who, who did not work in the 24 Garlock facility and worked with encapsulated 25 products, so there is no transfer of knowledge Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 261 1 from raw asbestos to encapsulated products to 2 my knowledge, 3 MR. COMERFORD: Well, you would agree 4 with me that for the last five or six hours you 5 were asked a substantial number of questions 6 concerning sort of plant worker and industrial 7 hygiene issues at Garlock? 8 THE WITNESS: Yes. 9 MR. CONNOR: Objection. We'll 10 stipulate to that. 11 MR. COMERFORD: You'll stipulate. 12 MR. CONNOR: As to the relevance of 13 it, we're not agreeing. 14 BY MR. COMERFORD: 15 Q. You would agree with me that there's 16 been prior depositions where you were asked 17 questions such as the ones Mr. Zuydhoek was 18 giving you? In other words, this isn't the 19 first lawyer presenting you with these 20 questions, is it? 21 A. With questions about Workers' 22 Compensation cases? 23 Q. Plant worker evidence, use of 24 respirators, industrial hygiene at the plant. 25 My point is this isn't the first gentleman to Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 262 1 present you with those questions, is it? 2 A- Oh, no. 3 MR. ZUYDHOEK: Damn. 4 BY MR. COMERFORD: 5 Q. Lab Chrysotile, is that a company that 6 supplied raw fiber to the Garlock facility? 7 A. I don't know. I'd want to look at the 8 records. 9 Q. As you sit here today from we'll say 10 1995 to 2000 when some raw asbestos was still 11 coming to the plant, do you know who that raw 12 supplier was; the company? 13 A. I believe it would be one of the three 14 that I mentioned; not JM, but Lake or Bell, but 15 no, I don't. 16 Q. And I'm just trying to clear it up. 17 This two-page document that lists -- one or 18 two-page document. I want to be fair to how 19 you testified -- where it lists some of the raw 20 fibers, was that the chart Mr. Whittaker 21 produced at a deposition concerning what raw 22 suppliers supplied asbestos and when and how 23 much? 24 A. I don't know. 25 Q. Okay. When was the first time you Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 l-SOO-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17,2003 1 heard of the term mesothelioma? Page 263 2 A. I canft tell you. 3 Q- Can you give me a decade? 4 A, Probably not. 5 Q. Do you know if you heard the term 6 mesothelioma before or after 1972? 7 A. Oh, I would say it would be after 8 1972. 9 Q. Can you tell me whether it was before 10 or after 1980? 11 A. No, I can*t. 12 Q. The term asbestosis, not asbestos, but 13 the disease asbestosis, can you give me a 14 ballpark or time period when you first heard 15 that term? 16 MR. CONNOR: Are you talking about 17 him personally? 18 MR. COMERFORD: Him personally 19 just -- 20 THE WITNESS: I would guess in the 21 '70s. 22 BY MR. COMERFORD: 23 Q. Would it be before or after you 24 started with the plant? 25 A. It would be after I would think. Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 264 1 Q. Okay. And just the term asbestos, had 2 you ever worked -- have you ever worked with 3 asbestos in any capacity before 1972 when you 4 started with the plant? 5 A. Perhaps. 6 Q. Do you have any specific recollection? 7 Like you didn't work as an asbestos pipe 8 coverer or plasterer or anything like that? 9 A. No. I helped, I helped with engine 10 repair and so forth as a fairly young person. 11 and it's my understanding that some of the 12 gaskets used in automobiles were 13 asbestos-containing in that time frame perhaps. 14 I may have. 15 Q. Sir, I'm only asking this question and 16 I'm trying not to pry. I represent a plaintiff 17 who's claiming exposure from 1955 to about 18 1960. What's your date of birth? 19 A. 1950. 20 Q. Okay. And so you were quite young 21 during the exposure in this case? 22 A. I'd say so. 23 MR. CONNOR: We'll stipulate to that. 24 MR. GELMAN: Object to quite young. 25 MR. ZUYDHOEK: I should have been so Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 1 young. Page 265 2 BY MR. COMERFORD: 3 Q. You used the word PEL earlier in your 4 testimony. Can you tell me what that stands 5 for? 6 A. Permissible exposure limit. 7 Q- And I think you were referencing 8 somewhat to governmental regulations, whether 9 they be state or federal, but some type of 10 governmental regulations to that, the PEL? 11 A. That's correct. 12 Q. Would you agree with me, sir, that 13 that PEL regulation never applied to cancer but 14 only to asbestosis? 15 A. I have no way of knowing that, sir. 16 Q. Okay. 17 MR. COMERFORD: I don't think I have 18 any further questions. 19 MR. GELMAN: No questions. 20 MR. WHITCOMB: No questions. 21 MR. CONNOR: Okay. We're finished. 22 23 24 25 Alderson Reporting Company, Inc. 111114th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 James Heffron Rochester, NY April 17, 2003 Page 266 1 I hereby CERTIFY that I have read the 2 foregoing pages, and with the exception of the 3 changes on the errata sheet, that they are a 4 true and accurate transcript of the testimony 5 given by me in the above-entitled action on 6 April 17, 2003. 7 8 9 10 JAMES E. HEFFRON 11 12 Sworn to before me this 13 14 day of ,2003. 15 16 Notary Public 17 18 19 20 21 22 23 24 25 Alderson Reporting Company, Inc. 1111 14th Street, N.W. Suite 400 1-800-FOR-DEPO Washington, DC 20005 1 STATE OF NEW YORK) 2 SS: 3 COUNTY OF ERIE) 4 5 I, VICTORIA SKABRY, a Notary 6 Public in and for the State of New York, County 7 of Erie, DO HEREBY CERTIFY, that the proceedings 8 were taken down by me in a verbatim manner 9 by means of Machine Shorthand on 10 , 2003, that the proceedings were 11 taken to be used in the above-entitled action. 12 I further cprjjpy that the 13 above-described transcript constitutes a true, 14 accurate and complete transcript of the 15 testimony. 16 17 18 19 20 Notary Pub!ic. 21 22 23 l! X&texiiottt! Expertacet 1999 5971 1969-1970 - Jsmw & Ecffnm'- 1 EXHIBIT 1 Rsbcfts Wttfeyw CwCfC, eCiUM*j A*!* Bscbeiof cf Sdeace Degree Is OfgsnMonal Ktoageasns I //^ /'/ r'n > / 1 .v ''/ /* =b mmmmm 1 Hager Lakes Catmwity Cc&dgl, CwuuUigati N.Y, Applied Science BegfW in Sussex Admistatjoa . StfNY* Gs*W>t SV Cate woric toward! * Btf&clor cfSdw* Degree m Liberal Aril MwkHsl Vsperimcas S/99-ptraeai W-8/W Z/96-1007 170*3/96 WfS.i/so icm.i/ts 1/M.1IV87 : 8/83-.10/87 Garleck Soling Tedaologi**, **ikflyi*, JUT. Director tfTrskfct* - Rospaskk for providing cccidinsiien ind ftciUtttiDn kilie Impkmctitatioa afprogpuai designed to taprovt pUm-wideeffickn^ , Examples flR SixSigfta d J^Msaafi^^ csoCQfU. Vice Fmftotf & Goers! Muageiv Hydraalk Comjwoesi* Pi$pcj^foineetagifidtK5=tftl^ xsuzriaites&iDy, infcnudlyand estenuJiy, fcespaai&icfo dcvdopmem, enginwring, and mrauiacinrii^ . * VJcsPmWttrt.QnaHty Aspossxb% fbt QdsUty, Tffiai&g, sad Employ** lnYthcmcai departments \1oJhrtrfiM&(kersiMm^,^ R$$pCKffela&rpra^ wetting, process am! prodacdpo sad lsveafcty eoaiwl - Goend Msstagar, ImkftrUl Protects ,I RwpoatiMe for product sale* sod marketing, process sad praMfiagiBeerifii i Opcrsttau Manager, Hydraulic Coj*e*f* R*spslW% fot engineering, pareiftagring, sad prodpcikm control. IHrectar* 01M Sale* RcspoasibU for management of sli product-line &r sales to &e Origfrml E^po^MiAriCCEM). Duties inefajded setting sales goals, expense budgets, contracts, asagaiag Bides torritwkt, calling on customer* and fairing and firiog employe# sad miarftefarer* igpeeseBtatiyca. ( Siks 4l Mirictiag Manages', HydmSc CompcenU Retpcjoilhiefor cooffinaUng Uw dwebpem asdSittraducUotiofnfiW products, literature, pricing policies and Ml# ffiittgiti W79*l ' lom-wn m - to/7$ 10/7*-8/73 1/72 -10/74 SeotkwEst&tl^Httticcs1 Bspoa5&4e br t^e ofcxiei^ttay t^iss ^brc axul network of ^Uirlbaton. Beubilihcd Ees target Kvocxnt^ ua^ed^i82r^)iitpr prtvi&d laput u to driest oocdlito tod rads. MtttatktM*a*er, C*|*iwaP*^ A.ejTpen^fortiHicccrTa^ppi^tJiiiD^ Iteto, ss^sbed pricing poiMa and sate nntagkt ; ' MKO Sibwuiv wter* &*&* Provided iecoftalcevmge on mwiusranai products ifl support ofdztfritoto. totrod^wpro&tt^a^ J^dedttadbackto&^oopioduapirfbfl^^ mufcaradiiicciifi s&s MdfXDdottpicSecSjofil. OEM Sile* CwrttpOddwtj Cmpm&m Focktag Doties iacludod handlinginquiries, entering tod expediting octe x&d provide vscini^w^fc^ iMmoeeSiksaua Kcspocfifcle far pro^dtog ata coverage tod customer support for lift nvd feetidt isssduwc fe "CikPs^-----------------------___________________ __________ HS6 SiJef Corre*fdit . ProvidScaioxia*f sexvkc m isjdntens2ii^ prodacu ald ^ dlftrfbwcn. Duties ioduded handling inquiries, entering sad expediting orders usd providijLg tcchaiol wppwt, Rctpo&rible for #11 product-!:as* 2 nmm.imw, 8, 2:03?m [TOTAL P,03 EXHIBIT Worker's Compensation Claims Updated 09/22/99 Clemons, Vera Bayiord, Grace Bacon, Clara Bohner, Elsie Honore, Martin D. Bills, Arthur . Nichols, Charles ZafalisKi, Raymond A Bailey, Omar H. Sr. West, Sam .. Thuriey, David Garnsey, Catherine MWB 11/26/48 11/14/57 1/20/71 6/7/73 3/13/BO 6/4/82 7/24/85 2/22/89 11/26/92 9/18/96 2/18/97 7/1/99 iliifciiiiyiftil ^! Pulmonary Fibrosis; Asbestosis Pulmonary Fibrosis; Pulmonary Asbestosis Asbestosis Secondary Asbestosis Thickened Pleura Asbestosis; Pulmonary Fibrosis Asbestosis; Emphysema; Pulmonary Fibrosis; Heart Disease Silicosis (disputed) Lung Cancer Mesothelioma Mesothelioma Lung Cancer $ 6,086.15 $ 2,400.00 $ 18,000.00 No Payment $ 6,753.00 $ 105.00 per week since 6/7/82 $ 9,754.85 &$271.38/wk to widow In Litigation 5 10,000.00 Currently denied in Litigation Currently denied In Litigation ' In Litigation Textile Dept Textile Dept. Textile Dept Braiding Dept. No Records Probably misc. duties in San Francisco Ware house & Gasket Shop Textile Dept. Cut Gasket Dept Textile Dept Braiding Yard 1918-1943 (Intermittent Total 13-14 Yrs) 1923-1957 (Employment Intermittent Total 22 years) 1943-1970 1951-1973 1959-1960 1950-1970 1970-1982 1947-1972 . 1972-1973 1973-1963 Shipping Dept 1959-1984 Compression Packing Supervisor Metal Parts Finisher Graphiter, Hyd/Mech Press Operator Exp. Jt Builder Sheeter Oper. Maint Yard Scrap Fibre Prep Mach Oper Sander-washer Oper Meta! Parts Finisher Spinning Frame Op. Insp. Packer Shipper Parts Coordinator Rubber Belt Finisher 1956-1984 1973-1993 . 1968-1996 1974-1984 LAW Zi~SJ GAHLOCK INC. RE: DATE: PRODUCT LIABILITY CJCmiTTEE MINUTES July 26, 1977 - 9:00 an In Attendance: G Barlis M Burdulis v J Guffey R Guild D Holmes B Keep Kuhnen G LeRcy J Lynn M Panarites H Schaefer R Stay 1. Mim-eannittees - Sane of the product centers have set up their mini- cannittees; others have not. There was sane question as to just what these Gcmnittees should be doing. 2. Discussion on the retting of our products as far as the importance in becoming involved in a product liability ^'m. Should the products be categorized as to Cl), potential physical injury to a person and (2) damage to equipment. Can we categorize our products without the knowledge of what the end use is far our product? 3. Biggest area of exposure far us now is 'asbestos1. It/was agreed that we would work m this particular product first and through cur experiences, apply them to our other products. ' a- Bill Price and John Guffey were assigned the responsibility by Mr. Townsend to chair a labelling program in asbestos. They are to see that our labelling program satisfies all cwr objectives and it is to be implemented by January 19 1978. b. Mr. Guffey brought up the point that most companies have lest 'product liability suits because of their 'failure to warn'. After sane discussion, it was the'unani&ous opinion of the- camdttee that we immediately begin to label all advertising of our products that contain asbestos with the following phrase: ` CAUTION Contains asbestos fibers. Avoid creating dust. Breathing asbestos dust may cause serious bodily harm. ' Mr. Stay was assigned the responsibility of seeing this label is cn all advertising of asbestos products. It was also de cided that all catalogs that have already been printed should be labelled with the warning before being sent cut. (This *'. warning to be only cn products that contain asbestos.) . * PRODUCT LIABILITY COM-OTIEE MINUTES Page 2 7/26/77 c- Other areas in which labelling should be dene are: Cl) (2) (3) CA Sheet Spool heads of braided asbestos material labels inside boxes of our products that are sent to our distributors. d It was suggest that letters be sent to all of our distributers stating the following: "Enclosed please find fCaution ' labels which we strongly recaimend that you, as our distributer,, pass on to all end users of our products containing asbestos." There was a discussion as to which phrase should be used on these labels: ' Cl) CAUTIOH Contains asbestos fibers. Avoid creating dust. . Breathing asbestos dust may cause serious bodily harm. C2) ANGER Cancer hazard. Contains asbestos fibers. Avoid creating dust. '' Eraa a marketing point of view, it was suggested that the muter Cl) phrase be used fa? aU labelling. However, . It?.. Lynn is to contact air legal department at corporate headquarters to find out ihich one they feel we'should use. ' After an aiswer is received from Hr. tynn, Mr. Stay will proceed in having these letters/labels sent exit. e. Hr. Schaefer was concerned as to how the asbestos sheets shaild be labeled. - Also, whether those sheets which did * not show a Garlock trademark, did they need to show a warn ing label. ,, " 1$ was decided that all sheets will be isprinted with the ^ming label as soon as Mr. Lynn finds out which aie to use. Also, all sheets presently in inventory should be labeled in seme way with the warning. ffoduct iiABiiirf'cxmrrnz minutes Page 3 7/26/77 4- Items to be discussed, at next meeting: a- Each Product Center manager to list all products and find out what their end use is. Not necessarily in order of liability. b. Beview of our labelling program far asbestos. c. Warranty * - d. Sales training. e. Bequests fran custaners (Material Information Sheets) as to what materials cur products contain. f. Proposed regulations on acrylonitrile. 5. Next meeting to be held cn Tuesday, August 30, 9:00 a.m., Personnel Conference Boom, bldg. 6-1. 6. Ary additions or changes in these minutes .should be brought to the attention of Mr. Fanarites. & No. 94-CI-10078 IN RE: ALL ASBESTOS-RELATED PERSONAL INJURY OR DEATH CASES FILED OR TO BE FILED IN BEXAR COUNTY, TEXAS IN THE DISTRICT COURTS OF BEXAR COUNTY, TEXAS DEFENDANT, GARLOCK INC'S OBJECTIONS, ANSWERS AND RESPONSES TO PLAINTIFFS' MASTER SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION TO: ALL COUNSEL OF RECORD NOW COMES, GARLOCK INC ("GARLOCK), one of the Defendants in the . above-entitled cause, and files the attached Objections, Supplemental Answers and Responses to Interrogatories submitted by Plaintiffs, pursuant to the Texas Rules of Civil Procedure. ' Respectfully submitted, SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD. William F. Mahoney State Bar Number 24001507 Melissa K. Ferrell State Bar Number 06937020 Segal McCambridge Singer & Mahoney, Ltd. 400 West 15th Street, Suite 700 Austin, Texas 78701 Phone: (512)476-7834 Fax: (512)476-7832 CERTIFICATION OF SERVICE i hereby certify that a true and correct copy of the above and foregoing instrument of GARLOCK INC was sent by certified mail, return receipt requested, to counsel for Plaintiffs and by regular mail to all other counsel of record on the_3\_ day of PdftRwJ,2000. Segal MqCambridge Singer & Mahoney 400 West 15th Street, Suite 700 Austin, Texas 78701 Ph: (512) 476-7834 Fax: (512)476-7832 GENERAL OBJECTIONS GARLOCK poses the following general objections to plaintiffs' interrogatories and incorporates each of these objections by reference to every answer provided hereafter. 1. The interrogatories seek information going back many years and GARLOCK has found it difficult, if not impossible, to reconstruct or retrieve much of the information requested. The answers given are thus based on the present facts known or believed by GARLOCK at the time of its answer. 2. The interrogatories are overly broad, burdensome, vague and ambiguous. In addition, the interrogatories and requests are not sufficiently limited in time and use terms which do not refer to products manufactured by GARLOCK. 3. GARLOCK does not now manufacture or sell, and has never manufactured or sold, asbestos-containing insulation products as that term is commonly used and understood in this litigation. Therefore, GARLOCK objects to any interrogatory referring to or assuming that such products are or have been manufactured by GARLOCK. GARLOCK presumes that questions referring to insulation products are thus not applicable to GARLOCK. 4. GARLOCK does not now manufacture or sell, and has never manufactured or sold, asbestos-containing building products as that term is commonly used and understood in this litigation. Therefore, GARLOCK objects to any interrogatory referring to or assuming that such products are or have been manufactured by GARLOCK. GARLOCK presumes that questions referring to building products are thus not applicable to GARLOCK. 5. The interrogatories are overly broad in that they tend to group together all of the defendants. There has never been any competent scientific or medical evidence or reason to believe that GARLOCK products, upon reasonable use, release asbestos fibers in sufficient quantities, if any, to pose a health hazard, potential or otherwise, to persons using said products. GARLOCK denies that the use of, or exposure to, its asbestos-containing products poses any health hazard. 6. The interrogatories are duplicative of earlier requests made by Plaintiffs counsel to GARLOCK in the asbestos litigation. GARLOCK affirmatively asserts that it has answered multiple sets of interrogatories and responded to numerous requests for production propounded by Plaintiffs counsel in thousands of asbestos cases over the past 15 years. Many documents potentially responsive to these interrogatories have already been produced to Plaintiff's counsel and GARLOCK has no obligation to produce them again. Plaintiffs Exhibit List contains numerous GARLOCK documents -3 and GARLOCK will not produce additional copies of these documents, although it may refer to them in these answers to interrogatories. GARLOCK objects to these interrogatories to the extent they are duplicative and cumulative in nature. 7. GARLOCK objects to these interrogatories to the extent they relate to foreign companies that are not wholly-owned subsidiaries of GARLOCK INC and do not sell products in the United States. The activities of any such entities are not relevant to any issue in this litigation. -4 ANSWERS TO INTERROGATORIES NTERRQGATQRY NO. 1: State the name, address, job title, length of time employed by Defendant, and a year-by-year list of all other positions, titles or jobs held when working for Defendant of each person who has supplied any information used in answering these interrogatories. . ANSWER: . These interrogatory answers have been reviewed and signed by James Heffron, the current Director of Training for GARLOCK INC. Mr. Heffron has been employed by GARLOCK since 1972 and a summary of his positions and duties with GARLOCK from 1972 to the present is attached as Exhibit A. These interrogatories' request detailed information regarding GARLOCK's asbestos related product line and business activities over an extended period of time. Mr. Heffron is not qualified, based on his personal knowledge and experience, to provide complete answers to these interrogatories. No present GARLOCK employee is qualified, based on his personal knowledge and experience, to provide complete answers to these interrogatories. Mr. Heffron has reviewed documentation potentially responsive to these interrogatories and he verifies these answers as true and complete based on his personal knowledge, experience and his review of said documents. The documents reviewed by Mr. Heffron in conjunction with the preparation of these interrogatory answers include: (1) previously filed discovery responses filed by GARLOCK, including answers to interrogatories and responses to requests for production of documents; (2) deposition and trial testimony previously provided by GARLOCK employees in asbestos related litigation; (3) information summarizing GARLOCK's asbestos-containing product line prepared by exGARLOCK employees; (4) Documents identified by GARLOCK as exhibits in the nationwide asbestos litigation; and (5) all documents produced by GARLOCK in Response to the Subpoena Duces Tecum issued by Baron & Budd in the Fulton County, Georgia asbestos litigation, Civil Action No. 1998 CV 02684. Mr. Heffron has also spoken with ex-employees of GARLOCK who provided information relied upon by GARLOCK in previously filed answers to interrogatories. Those individuals are Clay Jewett, formerly employed as GARLOCK's Manager of Marketing and Roy Whittaker, formerly employed by GARLOCK in numerous 5- capacities, including Director of Engineering. Mr. Heffron also obtained information regarding GARLOCK's international operations from Gilies Valiee, Vice President of Gariock of Canada, Ltd. and Felipe Mues of Gariock de Mexico. INTERROGATORY NO. 2: State whether or not you are a corporation. If so, state your correct corporate name, the state of your incorporation, the address of your principal place of business, the name and address of the person or entity authorized to accept service of process on your behalf, and whether or not you have ever held a Certificate of Authority to do business in the State of Texas. ANSWER: Defendant's legal name is GARLOCK INC (no punctuation). GARLOCK !NC is an Ohio corporation with offices located at 3 Coliseum Centre, 2550 WestTyvola Rd., Charlotte, NC 28217, and a principal manufacturing facility and sales office at 1666 Division Street, Palmyra, New York 14522. The GARLOCK Packing Company was originally incorporated in New York on March 27, 1905. On April 25, 1960, the name was changed to GARLOCK INC. On March 3, 1975, a Delaware corporation of the same name was incorporated and on May 12, 1975, the New York corporation was merged into the Delaware corporation. On November 25,1975, Colt Industries Inc of Ohio was incorporated in the state of Ohio and on January 28,1976, GARLOCK INC was merged into Colt Industries Inc of Ohio which immediately changed its name to GARLOCK INC. CT Corporation System is the entity authorized to accept service of process on behalf of GARLOCK. GARLOCK does hold a Certificate of Authority to do business in the State of Texas. INTERROGATORY NO. 3: Has defendant or any of its predecessors or subsidiary companies at any time -6 engaged in the mining and subsequent sale of material containing asbestos fibers? If so, identify the location of the mirie(s), the years of its operation, the type of asbestos mined and whether you sold any asbestos to any Defendants in the Cameron County asbestos litigation. ANSWER: No. INTERROGATORY NO. 4: . Identify by name each product containing asbestos fibers that Defendant or any of its predecessor or subsidiary companies at any time manufactured or sold. ANSWER: A summary list of GARLOCK's asbestos-containing product line is attached to these answers to interrogatories as Exhibit B. The list identifies each product by style number, product category, the type of asbestos fiber used in the product, the percentage of asbestos in the product, the non-asbestos binder in the product and the year GARLOCK stopped manufacturing the product. If GARLOCK continues to manufacture the product, that fact is noted on the list as well. In addition to the products identified in Exhibit B, GARLOCK INC. manufactured and sold a limited line of asbestos textile products (cloth and yam) in limited quantities to manufacturers of braided asbestos packing products. In addition to the products identified in Exhibit B, GARLOCK also acquired four subsidiary companies which made or sold some asbestos-containing products. GARLOCK does not have a comprehensive list of the products or manufactured or sold by these companies. These companies are the Belmont Packing and Rubber Company of Philadelphia, Pennsylvania, the Crandall Packing Company and Dealer's Steam Packing Company located in Palmyra, New York and the U.S. Gasket Company located in Camden, New Jersey. Each of these companies, prior to the purchase by GARLOCK, sold asbestos-containing gaskets and . packing products substantially similar to the GARLOCK asbestoscontaining products identified in Exhibit B. Each of the above- 7- - named entities was merged with GARLOCK and GARLOCK assumed all assets and liabilities. GARLOCK preserved the Belmont trademark and continued to sell products under that label. GARLOCK also purchased the assets of the Anchor Packing Company in June, 1987. An Anchor Packing catalog for that time period which identifies the asbestos products sold by Anchor at that time is attached as Exhibit C. GARLOCK did not assume the liabilities of The Anchor Packing Company. The GARLOCK/Anchor acquisition agreement has already been produced to Plaintiffs counsel. INTERROGATORY NO. 5: Identify by name each product containing asbestos fibers that Defendant or any of its predecessor or subsidiary companies at any time marketed or sold. ANSWER: See Answer to Interrogatory No. 4. INTERROGATORY NO. 6: If the answer to one or more of the last three interrogatories is in the affirmative or lists any products, state as to each named product the following: (a) As to each product state whether such product was mined, manufactured, marketed and/or sold. (b) The names of the companies mining, manufacturing, marketing and/or selling each product mined, manufactured, marketed and/or sold. (c) The trade or brand name of each of those products mined, manufactured, marketed and/or sold. (d) The date each of the named products was placed on the market. (e) A description of the physical (chemical) compositions of each of the -S- named products, including the type of asbestos contained in the product and the percentage of asbestos put in each product (f) The date each of the products was removed from the market and no longer sold or distributed and the reason or reasons therefor. (g) The date asbestos was removed from such products, if ever, and the reasons therefor. (h) A description of the physical appearance of each of the named products. (i) A detailed description of the intended uses of the named products. 0) identify the last year that you sold each asbestos-containing product. ANSWER: GARLOCK states that it has and does make a wide variety of products, many of which have contained asbestos and many of which have contained no asbestos. Among the specific products which GARLOCK has and does manufacture are asbestos gasket and asbestos sheet (from which the purchaser cuts gaskets). GARLOCK asbestos sheet is a mixture of asbestos fibers, curing agents, reinforcing fillers and elastomers (natural rubber or synthetic polymers having the elastic qualities of rubber). Asbestos fibers are machine blended with the rest of the mixture until they are thoroughly coated. The entire compound is then heated and rolled into sheets and is continually compressed to form a tough, impermeable, homogeneous material that resembles linoleum. Other gasket materials were made from woven, long fiber, asbestos yam impregnated and encased in a rubberized coating. Other gaskets have had asbestos encased by layers of metal or encapsulated with a P.T.F.E. (polytetrafluoroethylene) resin envelope. GARLOCK asbestos packing materials consisted of woven asbestos encapsulated in either elastomeric compounds or metal foils and/or impregnated with lubricants. GARLOCK gasket materials are primarily used for static sealing of steam line flanges, cylinder heads of engines, compressors and refrigeration equipment, fluid conduits, etc. GARLOCK packing materials are primarily used for dynamic sealing of machinery. Finished compressed asbestos sheet Is either cut into gaskets by GARLOCK or sold for use by others in cutting gaskets. GARLOCK's flexible and durable gasketing material Is handled. 9- - installed and removed in all intended applications without releasing meaningful quantities, if any, of asbestos fibers into the air. GARLOCK's compressed asbestos sheets and gaskets are treated with an anti-stick releasing agent which reduces any tendency of the gaskets to adhere to pipe flanges during removal and replacement. This anti-stick agent facilitates the removal of old gaskets without generating dust Other GARLOCK products come in specific sizes for application and do not generally require modification before or during application or use. GARLOCK states that from 95% to 98% of its asbestos-containing products have been made only with chrysotile asbestos fibers and that the remaining 2% to 5% of such products were made with crocidolite asbestos fibers. Depending upon the type of product involved, the percentage of asbestos contained in these products has ranged from about 10% to about 85%. This Defendant has never mined, supplied, distributed, marketed and/or sold raw asbestos fibers to others. (a) GARLOCK manufactured, marketed and sold the asbestoscontaining products identified in Exhibit B. (b) GARLOCK INC; see Answer to Interrogatory No. 4. (c) See Exhibit B attached to these Answers to Interrogatories. (d) The exact date each product identified in Exhibit B was placed in the stream of commerce is unknown. Asbestos compression sheet material became generally available in the early 1900fs. Asbestos-containing packing products became available in 1907. GARLOCK has previously produced product catalogs to Baron & Budd and those catalogs accurately describe the asbestos products available for sale in particular time periods. GARLOCK attaches as Exhibit D its Response to Plaintiffs Subpoena Duces Tecum in the Fulton County Asbestos Litigation, Civil Action No. 1998 CV 02684; paragraphs 2 and 3 of said response identify the relevant GARLOCK catalogs produced to Baron & Budd. GARLOCK incorporates that response in relation to - Interrogatory No. 6(d) here. Actual copies of ail catalogs and advertising materials identified in GARLOCK's response to said Subpoena Duces Tecum were produced to Baron & Budd in the Georgia asbestos litigation in 1999. . (e) See Exhibit B and all product related documents and catalogs previously produced to Baron & Budd in the Fulton -10 County, Georgia asbestos litigation. (f) The date each asbestos product was removed from the market is Identified in Exhibit B. Asbestos products were removed from GARLOCK's product line when suitable new products with superior performance capabilities became avaiiabie. The development of non-asbestos substitutes for certain fluid sealing devices was dependent on the engineering of new materials, extensive functional and performance testing and ultimately the customers willingness to use these materials for applications that historically had required asbestos products. (g) See Answer to 6(f). (h) See all product information, catalogs, advertising materials and photographs previously produced to Baron & Budd in the Fulton County, Georgia asbestos litigation. (I) See all product information, catalogs and advertising materials previously produced to Baron & Budd in the Fulton County, Georgia asbestos litigation. 0 See Exhibit B. INTERROGATORY NO. 7: Do any documents, including but not limited to written memoranda, specifications, recommendations, blueprints, or other written materials of any kind or character, relating to the design, preparation, or introduction into the market of the products listed in Interrogatory No. 6 still exist? If so, state: (a) A description of each such document. (b) The name, address and job title of each person who currently has possession of each document, and where the documents are currently located. ANSWER: Yes. -11 - (a) The product information, catalogs and advertising materials previously produced to Baron & Budd in the Fulton County, Georgia asbestos litigation relate to the asbestos products listed in Exhibit B and their introduction into the market Any other documents potentially responsive to this interrogatory are located at the GARLOCK record retention facility in Palmyra, New York and a warehouse in Rochester, New York. The Rochester warehouse holds documents retained by GARLOCK per its Record Retention policies and copies of said policies were previously provided to Baron & Budd in the Fulton County, Georgia asbestos litigation. GARLOCK will provide access to the records located in the Rochester warehouse and the Palmyra facility at a mutually convenient date, time and place. (b) Paul Grant; Garrison Litigation Management Group, Ltd., One HSBC Plaza, Suite 1830, Rochester, New York 14604 2415. See Answer to Interrogatory No. 7(a). INTERROGATORY NO. 8: Before distributing, selling or placing the products listed in your responses to Interrogatory Nos. 3-6 into the streams of commerce, were any tests conducted to determine potential health hazards involved in the use of, or exposure to, the materials such as asbestos contained in those products? If the answer is affirmative, state: (a) The names of the products tested and the date of each test. (b) The name, address, and job title of each person conducting the tests or involved with conducting the tests. (c) The results of the tests. . 12- ANSWER: Yes. (a)-(c) At various times. GARLOCK has retained independent industrial hygienists to test its products for potential fiber release in a wide variety of occupational settings and situations. The industrial hygienists generated reports from those tests and those reports are included in GARLOCK's Exhibit Binders which have been previously produced to Baron & Budd. A copy of GARLOCK's Exhibit List is attached as Exhibit E and GARLOCK refers to the following exhibits as being responsive to this interrogatory. Name/Hvaienist Gariock Exhibit f 1. Nielsen 2. Mangold 3. McCrone 4. Boelter 5. Spencer 33-38 18 - 31 39-40 99-108 111 - 112 INTERROGATORY NO. 9: Do any documents, including but not limited to written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character, relating to the testing of the products referred to in Interrogatory No. 6 now exist? If so, state: (a) A description of each such document. (b) The name, address and job title of each person who currently has possession of each document, and where it is presently located. ANSWER: See Answer to Interrogatory No. 8. INTERROGATORY NO. 10: Did Defendant or any of its predecessor or subsidiary companies make any design changes or modifications as a result of those tests describe in response to -13- Interrogatory No. 8? If the answer is affirmative, state: (a) The trade names of the products changed. (b) The nature of the changes made and the date of such changes or modifications. (c) The name, address and job title of each person responsible for having caused a change to be made, or having made a change or modification. ANSWER: No. INTERROGATORY NO. 11: After releasing the products listed in Interrogatory No. 6 to the public, were any tests conducted on them to determine potential health hazards resulting from the use or exposure to the materials, such as asbestos, contained in those products? If the answer is affirmative, state: (a) The names of the products tested and the dates of such tests. (b) The name, address and job title of each person who conducted those tests. (c) The results of those tests. - ' . (d) Whether, as a result of the tests, any products were removed from the market (e) The names of all products removed from the market as a result of these tests. -14- ANSWER: See Answer to Interrogatory No. 8 INTERROGATORY NO. 12: Do any documents, Including written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character, relating to the potential health hazards of the products listed in Interrogatory No. 6 now exist? If so, state: (a) The name of each product. (b) A description of each document and how it relates to each product. (c) The name, address and job title of each person who currently has possession of each document, and where it is presently located. ANSWER: (a) - (c) GARLOCK does not possess any medical or scientific documents which relate or associate any potential health hazard to the use of the asbestos-containing gasket and packing products ` identified in Exhibit B. GARLOCK did prepare Material Safety Data Sheets for certain of its asbestos-containing products and copies of those documents are attached to these Answers to Interrogatories as Exhibit F. GARLOCK possesses copies of the various OSHA and ERA regulations regarding the potential hazards associated with asbestos exposure. Actual copies of those regulations are contained in GARLOCK's Exhibit Binders as Nos. 1-9. INTERROGATORY NO. 13: Did Defendant or any of its subsidiary companies make any design changes as a result of the tests discussed in your response to Interrogatories No. 10 or 13? If the answer is affirmative, state: (a) The names of the products changed or modified. (b) The name, address and job title of each person responsible for -15 having made a change or modification. (c) The nature of the hazard or defect which resulted in such change or modification. ANSWER: No. NTERRQGATORY NO. 14: . Has Defendant or any of its predecessor or subsidiary companies at anytime published or distributed any printed material, including brochures, pamphlets, catalogs, packaging or other written material of any kind or character containing any warnings concerning the possibility of injury resulting from the use of the asbestos-containing . products listed in Interrogatory No. 6? If so, state: (a) The names of each relevant product (b) The exact wording of each warning statement on each printed material. . (c) A description of the printed material other than the warning statement. (d) The method used to distribute the warning to persons likely to use the product. (e) The date each warning was first issued, distributed or placed on packaging. (f) The name, address and job title of each person responsible for having drafted or issued the warning. (g) The current location of any such printed material and the custodian thereof. (h) The form in which such literature or printed material can be . accessed, i.e., the manner in which such literature is indexed or stored. -16- ANSWER: Yes. (a) Caution labels were placed on all of the asbestos products identified in Exhibit B in 1977 (assuming the individual product was still being manufactured by GARLOCK at that time). GARLOCK piaced a caution label on its limited line of asbestos textile products (doth and yam) in 1972. (b) The caution label stated, "CAUTION: Contains asbestos fibers. Avoid creating dust. Breathing asbestos dust may cause serious bodily harm." This is the caution label language established by OSHA, Section 1910.1001, par. .2(ii), GARLOCK piaced this label on its products in 1977, although gaskets and packings are exempt from the OSHA caution label requirement (c) A similar caution and warning notice has been contained in GARLOCiCs product literature and catalogs since 1977. (d) The caution label was placed on the product packaging and the product itseif. (e) August, 1977; For textile products, (cloth and yam) 1972. (f) The decision to place a caution label on GARLOCK's asbestos-containing products was a consensus decision made by GARLOCK management in 1977. Management personnel involved included John Guffey (Compressor Packing Division), Alexander Kuzmuk (Construction Products), Gordon LeRoy (Engineering), Mike Panarites (Personnel), Herb Schaefer (MRD Operations) and Ron Stay (Marketing). The decision to place a caution label on textile products in 1972 was made by Alexander Kuzmuk. None of these individuals are currently employed by GARLOCK. (g) Caution labels samples have been previously produced to - Baron & Budd. (h) Not applicable. 17 INTERROGATORY NO. 15: Before 1970, had you received notice that any individual or individuals, other than those Plaintiffs who have filed personal injury actions in Texas State Courts is or are claiming or has or have claimed an injury as a result of using asbestos products manufactured and/or sold by your company or any of its predecessors or subsidiaries before 1970? If so, state: (a) The name and address of each claimant. (b) The date of notice of each claim. (c) A description of the claim. W) The type of injuries allegedly sustained. (e) The name and address of each attorney who represents each individual making a claim. (f) The style and court number of each claim. (g) The disposition of each claim that has been settled or taken to judgment ANSWER: GARLOCK had no personal injury claims alleging asbestos related disease or injury based on product handling or usage prior to 1970. INTERROGATORY NO. 16: Were your asbestos products distributed, marketed, packaged, labeled and/or sold by companies other than your own? If the answer is affirmative, list the names and addresses of each of those companies, and the products in question. -18- ANSWER: Yes. Most of GARLOCICs product sales were made on a direct basis until the mid-1960's At that time, GARLOCK management made the decision to utilize distributors for sales to maintenance and repair customers and after a conversion period of several years, the majority of GARLOCK product sales have been made through distributors. A recent listing of GARLOCK distributors is attached as Exhibit G. A list of GARLOCK distributors for Texas, the territory relevant to this litigation, is attached as Exhibit H. Any sales records relating to GARLOCK's product sales prior to 1978, no longer exist. Post 1978 sales records are available for inspection and copying at a mutually convenient date and time. These records are currently located in the Rochester warehouse described above. GARLOCK can also perform microfiche searches of product sales to particular customers or distributors. INTERROGATORY NO. 17: Did you or any of your predecessors, successors or subsidiaries have any distributors or sales representatives of asbestos products in the States of Alabama, Florida, Mississippi, Oregon, Washington, Georgia, Tennessee, Arkansas, Texas and Virginia? if so, state: (a) The name and address of each such distributor or sales representatives. (b) The years in which such company or person distributed, marketed or sold your products. (c) What products were distributed, marketed or sold and in what years. ANSWER: Objection. GARLOCK's saies activities in these states are irrelevant to any asbestos litigation pending in Texas. Without waiving said objection, GARLOCK answers yes and refers to Answer to Interrogatory No. 16. -19- NTERRQGATQRY NO. 18: List each employee (including only physicians and/or hygienists) who has acted in a medical advisory capacity to your company at any time during the past 40 years, including, but not limited to, physicians and industrial hygienists, and the current address, telephone number and job title of each of those individuals and who has, had or may have had any knowledge regarding the hazards of asbestos. ANSWER: GARLOCK has not employed, retained or otherwise engaged physicians, industrial hygienists or others to conduct medical research. GARLOCK has had part-time plant physicians since 1920. They are as follows: . Name Dates of Service Dr. C. C. Nesbitt (deceased) 8/30/20 - 8/1/56 Dr. J. D. Bramer (deceased) 8/1/56 - 7/24/72 Dr. K. K. Kapur 1269 Pittsford Palmyra Road Macedon, New York 14502 10/23/72-8/14/79 Dr. William G. Fallon 602 7th Street Liverpool, New York 13088 10/31/79-3/1/88 Dr. B. Maureen Merritt P. O. Box 477 Celoron, New York 14720 Dr. Tillman F. Farley 3345 22nd Court Brighton, Colorado 80601 Dr. Alan Lorenz 2 Forest Knoll Pittsford, New York 14534 20 9/15/88 - 8/28/90 10/9/90 - 8/3/93 8/3/93 - 3/1/98 Dr. Carl M. Devore Gariock Inc 1666 Division Street Palmyra, New York 14522 3/3/98 - Present All of these physicians served on a part-time basis and were at GARLOCK primarily for incoming employee physicals, treatment of minor injuries, etc. Any existing records, reports or memoranda written by any of these physicians and pertaining to GARLOCK are in the hospital records which are ail maintained by patient name at GARLOCK. NTERROGATORY NO. 19: Does Defendant have in its possession any books, pamphlets, memoranda, or written material of any kind or character that would indicate that asbestos fibers, when inhaled, can be hazardous to the health of human beings? If so, state: (a) The name of each such publication. (b) The date of publication and the names of the author and publisher (if any). (c) The date received by Defendant, if known. (d) The name, job title, and address of each person who currently has possession of each publication and its present location. ANSWER: Yes (a) - (d) GARLOCK is not aware of any competent scientific, medical, industrial hygiene or epidemiological studies which establish a causal relationship between the use of or exposure to asbestos-containing gaskets and packing products and any asbestos related diseases. GARLOCK has become aware of the potential hazards of excessive asbestos exposure from the following sources: 1. GARLOCK received copies of the Hemeon Report prepared by the Industrial Hygiene Foundation for the members of the Asbestos Textile Institute in June 1947. A copy of this report has already been produced to Baron & Budd. -21 - 2. GARLOCK has received copies of the OSHA and EPA regulations at or near the time they were published by those agencies. These government regulations are listed in Exhibit G. 3. GARLOCK may have received minutes of the Asbestos Textile Institute Meeting of March 7,1956. The minutes show that George Houghton a GARLOCK employee, attended the meeting as a guest. Baron & Budd possesses copies of Mr. Houghton's deposition testimony regarding his participation and attendance at that meeting. 4. GARLOCK may have received minutes from the Asbestos Information Association Meeting of December 6, 1973 and June 10,1976. Said minutes have previously been provided to Baron & Budd. 5. GARLOCK has also received worker's compensation claims from textile plant employees alleging asbestos disease caused by exposure to raw asbestos fibers used at that facility. All documents regarding those worker's compensation claims has previously been provided to Baron & Budd. 6. GARLOCK, throughout the course of the asbestos litigation, has become aware of medical and scientific literature which relates certain diseases to excessive occupational exposure to asbestos fibers. INTERROGATORY NO. 20: Has Defendant or any of its subsidiaries or predecessor companies at any time been a member of any trade organization or association that published or disseminated any documents or information relating to the hazards of asbestos comprised of other manufacturers, miners, marketers, and/or sellers of asbestos products? If so, state: (a) The name and address of each such association or organization. (b) The dates during which Defendant or any of its subsidiaries or predecessors were members. 22 (C) The names and dates of any publications, minutes, or reports published, written or disseminated by any of the named associations or organizations. (d) Whether any of those publications are still in your possession, and if so: (i) A description of the publications, including the date. (ii) The current location of such publications. (iii) The custodian of such publications. (iv) The method or manner in which such publications are maintained. ANSWER: Yes. GARLOCK was a member of the following trade associations that may have addressed asbestos related issues in one form or another. GARLOCK will answer all subparts for each association separately 1. (a) Fluid Sealing Association 2017 Walnut Street Philadelphia, Pennsylvania 19103 (b) 1935 to present (c) GARLOCK does not possess any minutes, publications or reports related to asbestos hazards published or disseminated by this association. (d) Not applicable. 2. (a) Asbestos Textile institute P.O.Box 471 131 North York Road Willow Grove, Pennsylvania 19090 (b) GARLOCK was a member of the ATI for a short period of time in the mid 1940's and from 1966 to 1979. (c) The Hemeon Report, June 1947 (previously produced to Baron & Budd); ATI Minutes, March 7,1956 (previously 23 produced to Baron & Budd); AT! Minutes (1966 to 1979); attached as Exhibit I. (d) Not applicable. 3. (a) Asbestos Information Association of North America 1975 K. Street Washington, D.C. (b) GARLOCK has been a member of the A1A from 1974 to 1980. (c) AIA Minutes dated Decembers, 1973 and June 10, 1976, (previously produced to Baron & Budd). (d) Not applicable. 4. (a) American Society for Testing and Materials 1916 Race Street Philadelphia, Pennsylvania 19103 (b) GARLOCK has been a member of ASTM from 1945 to the present. (c) GARLOCK does not possess any minutes, publications or reports relating to asbestos hazards published or disseminated by this association. (d) Not applicable. 5. (a) National Safety Council - 444 North Michigan Avenue Chicago, Illinois 60611 (b) GARLOCK has been a member of the National Safety Council from 1922 to the present. (c) GARLOCK does not possess any minutes, publications or -24- reports relating to asbestos hazards published or disseminated by the National Safety Council. (d) Not applicable. INTERROGATORY NO. 21: Identify by name and location each plant or manufacturing facility in which the products listed in your answers to interrogatory Nos. 3-6 were manufactured, assembled or prepared for sale or marketing, specifying which plants produced each item, the dates each plant is or was in operation, and the time span during which each named item was produced or manufactured. ANSWER: GARLOCK has operated the following plants which manufactured the asbestos-containing products identified in Exhibit B during certain time periods. 1. GARLOCK INC plant in Palmyra, New York. This was GARLOCK's principal manufacturing facility and has manufactured compressed asbestos sheet material from the early 1900*3 to the present Asbestos packing products were also manufactured in Palmyra from the early 1900's to 1976. AH style numbers listed on Exhibit B could be manufactured at the Palmyra plant during those years. 2. GARLOCK INC plant in Sodus, New York. GARLOCK manufactured braided asbestos packing products at this plant from 1976 to 1981. Ail packing products listed in Exhibit B could be manufactured at the Sodus facility. 3. Gariock of Canada owned and operated a manufacturing . facility at 66 Jutland in Toronto, Canada from 1962 to 1991. This plant manufactured the compressed asbestos sheet and braided packing products listed in Exhibit B. From 1991 to the present, Gariock of Canada has operated a facility at 2860 Plymouth Drive in Oakville, Ontario. Asbestos- .. . containing braided packing products were manufactured at that facility from 1991 to March 1999. Gariock of Canada has operated a plant at 4100 Rue Sherbrooke, Quebec, 25* - - Canada from 1976 to the present This plant manufactures and sells asbestos doth and yam. The compressed sheet and asbestos packing materials manufactured in Canada are not sold to customers in the United States. 4. Gariock de Mexico, SA de CV operates a plant in Mexico City, Mexico. The address is Apartado Postal 15-103; Poniente 116, No. 571; Coionia Industrial Vallejo; Delegacion Azcapotzalca; 02300, Mexico, DF. Gariock de Mexico has manufactured compressed asbestos sheet materials and braided compression packing from 1964 to the present The compressed asbestos sheet materials manufactured in Mexico are primarily Style Numbers 900, 7021, 7405, 8748, 7006 and 7228. The braiding packing style numbers manufactured in Mexico are 117,127,150, 234, 731,1019,1020,1021, 2601,2602, 2603, 2611 and 5862. The asbestos-containing compression sheet and braided packing materials manufactured in Mexico are not sold to customers in the United States. 5. GARLOCK PTY, Ltd. (Sealing Technology Division) has owned and operated a plant at 10 Willis Street in Amcliffe, Australia since 1970. They began selling asbestoscontaining braided packing products in 1970. This entity never sold asbestos-containing products to customers in the United States. 6. GARLOCK INC owned an interest in a textile plant (E.R.I.CA) in Barcelona, Spain. This plant manufactured asbestos cloth and yam and compression packing until ' March , 1979. 7. GARLOCK manufactured spiral wound gaskets at the former United States Gasket plant in Camden, New Jersey from 1955 to 1964 and at a plant in Gastonia, North Carolina from 1965 to 1987. INTERROGATORY NO. 22: Have printed sales materials been prepared by Defendant or any of its subsidiary or predecessor companies or their agents for purposes of marketing or advertising 26 products containing asbestos? If so, state: (a) The name, address and job title of each person or entity who prepared such materials. (b) The name, address and job title of each person who currently has possession of such materials and their present location. (c) The date the materials were prepared. (d) The media used to disseminate the sales materials. ANSWER: GARLOCK has published numerous catalogs over the years for the purpose of marketing and advertising the product line. (a) No particular individual has been responsible for the preparation of sales, marketing and advertising materials over the years. GARLOCK has a marketing/advertising department and the following individuals have managed this department over the years: Larry Rienzo Joan Clement Gay Pllock Tina Masters Janine Murganberger Laur Fawcet Late 1960's to early 1970's Early 1970's to late 1970's 1979 to 1982 1982 to 1989 1989 to 1990 1990 to 1998 (b) The current marketing/advertising manager is Mary Cappellino. Current advertising and marketing materials are in the possession of the advertising department. (c) Advertising materials have been prepared and disseminated on a continuous basis by GARLOCK since the 1930's. (d) GARLOCK has used a variety of media to disseminate sales and advertising material, including trade publications, direct mailings to distributors, direct mailing to customers, sales calls to distributors and customers and seminars for customers and distributors. -27 INTERROGATORY NO. 23: Have any written or printed materials or instructions of any kind or character been prepared by Defendant or any of its subsidiary or predecessor companies or their agents indicating how asbestos products should be used and maintained? if so, state: (a) The name, address and job title of each person who prepared such materials or instructions or assisted in their preparation. (b) The name, address and job title of each person who currently has possession of such materials or instructions and their present location. (c) The dates of distribution or use and the manner in which such materials or instructions were distributed to purchasers of Defendant's products or those of its subsidiaries or predecessors. (d) The year each such written material or instruction was prepared and disclosed to potential customers. ANSWER: Yes. GARLOCK's product information, catalogs and advertising materials contained references on how asbestos and non-asbestos products should be used and maintained by the customers. Copies of those materials have been previously produced to Baron & Sudd in GARLOCK's Response to the Subpoena Duces Tecum issued in Fulton County, Georgia Asbestos Litigation, Civil Action No. 1998 CV 02684. Additional materials may be located in the Rochester document warehouse and Baron & Budd will be provided access to those records for inspection and copying at a mutually convenient date, time and place. GARLOCK also prepared Material Safety Data Sheets regarding certain asbestos products and those documents are attached as Exhibit F. (a) No particular individual has been responsible for the preparation of sales and advertising materials. The marketing and advertising managers are listed in GARLOCK's Answers to Interrogatory No. 22. The MSDS Sheets were prepared by Harold Hughes. (b) Current materials are in the possession of the marketing and advertising departments. The MSDS Sheets are located at the GARLOCK plant in Palmyra, New York and have been 28- produced to Baron & Budd. (c) Specific dates of distribution are unknown. GARLOCK disseminated its product information, catalogs, sales and advertising materials through a variety of media, including advertisements in trade publications, direct mailings to distributors, direct mailings to customers, sales calls on distributors and customers and seminars for customers and distributors. The MSDS Sheets were available commencing in the late 1970's. (d) Sales and distribution materials for distribution to customers were prepared and disseminated on a continuous basis since the 1930"s. The MSDS Sheets were prepared and available for distribution commencing in the late 197Gfs. INTERROGATORY NO. 24: Does Defendant have insurance policies that might cover the claims made by Plaintiffs in these cases? If so, list the name of each insurance carrier, the amount of initial coverage, amount of coverage remaining at the present time, and the effective dates of each policy. (If properly answered, this Interrogatory need not be supplemented as to the remaining amount of coverage). ANSWER: Yes. Insurance for product liability claims filed against GARLOCK is available under various insurance policies, including the following primary policies. Carriers Years of Coverage 1. Travelers Insurance Co. 2. Employer's Mutual of Wausau 3. Aetna Life and Casualty 4. National Union 1951 - 1961 1961 -1976 1975 -1986 1986 - present The total amount of insurance coverage available to GARLOCK for product liability claims is subject to differing views between the insured and the insurers. Available coverage is sufficient to cover asbestos related claims currently pending on a nationwide basis 29 against GARLOCK. Cover sheets on relevant policies will be provided under separate cover. INTERROGATORY NO. 25: As to the disease asbestosis, state: (a) The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. (b) How Defendant became aware of the existence of the disease. (c) Who within the company first discovered, recognized or understood the adverse consequences or effects of the disease and/or of asbestos exposure. (d) What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. (e) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in any written form. (f) Who is the custodian of such information. (g) The date on which you first received knowledge or information that asbestosis was caused by inhalation of asbestos fibers. ANSWER: (a) - George Houghton, ex-employee of GARLOCK may have learned that the disease asbestosis was related to excessive exposure to asbestos fibers through his participation in ATI meetings in the late 1940's. Mr. Houghton has previously been deposed regarding those activities and Baron & Budd is in possession of those transcripts. Vera Clemons, an employee in the GARLOCK textile plant in Palmyra, New York filed a worker's compensation claim in 1947 alleging that she had contracted asbestosis from occupational exposure to raw asbestos fibers used at the textile plant. GARLOCK has never received any information relating asbestosis to exposure to asbestos-containing gaskets and packings. The Industrial Hygiene Foundation generated the Hemeon Report in June, 1947 and that report relates to a 30- survey of dust levels in various textile plants, including GARLOCK. The report refers to asbestosis and Baron & Budd is already in possession of this report. (d) See Houghton's transcripts already in the possession of Baron & Budd. GARLOCK established a dust control and ventilation program in its textile plant. GARLOCK also made changes in its textile plant manufacturing methods to control the level of dust in the plant These measures included; installing hoods over carding machines, installing exhaust fans, refining to the vacuum system, installing spinning frames, designing and installing dust hoods for looms and collecting cyclones with outdoor exhausts. Oral warnings regarding the avoidance of dust and instructions regarding housekeeping have been given to GARLOCK employees at the GARLOCK manufacturing plants for over 50 years. Respirators have been available and their use encouraged in dusty areas for over 50 years. (e) See Answer to Interrogatory 25(a) through 25(d). (f) All such information is already in possession of Baron & Budd. The historical information regarding GARLOCK's membership in the ATi is in the possession of Garrison Litigation Management and has been produced to Baron & Budd. (g) See Answer to interrogatory No. 25(a). NTERRQGATQRY NO. 26: As to the disease lung cancer, state: (a) The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation df asbestos fibers by humans. (b) How Defendant or its subsidiary or predecessor became aware of the disease and its relationship to asbestos exposure. (c) Who within the company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects of asbestos exposure. -31 - (d) What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. (e) Whether any such information is stiil maintained by Defendant or its subsidiary or predecessor in written form. (f) Who is the custodian of such information. (g) The date on which you first received knowledge or information that iung cancer was caused by inhalation of asbestos dust and fibers. ANSWER: (a) GARLOCK first learned that excessive exposure to asbestos fibers was viewed by the medical and scientific community as a possible cause or contributor to iung cancer through the OSHA regulations and public media reports in the early 1970's. George Houghton, a former GARLOCK employee, is listed as a guest at a 1956 ATI meeting and minutes of said meeting refer to asbestos exposure and lung cancer. We refer to Mr. Houghton's deposition testimony already in the possession of Baron & Budd for details regarding that meeting. (b) Media reports and the OSHA regulations (c) Unknown. (d) Warning labels and signs advising workers of the hazards of inhaling asbestos fibers were placed at GARLOCK plant entrances in the early 1970*s per the OSHA regulations. With regard to the compressed asbestos sheet manufacturing operation in Palmyra, New York in 1977, GARLOCK purchased the following equipment: An enclosed automatic bag opener and emptier, an enclosed fluffing device, an enclosed conveyor apparatus for transferring asbestos to appropriate mixers and blenders and associated dust collection equipment Respirators became mandatory for all employees working in dusty areas . in the early 1970'$ as did the wearing of disposable and cloth overalls. (e) GARLOCKINC. (f) Early 1970's. -32 (g) See Answer to Interrogatory No. 26(a). INTERROGATORY NO. 27: As to the pleural disease, pleural thickening or pleural plaques, state: (a) The date on which Defendant or its subsidiary or predecessor learned that such disease was caused by inhalation of asbestos fibers by humans. (b) How Defendant or its subsidiary became aware of the disease and that it was caused by exposure to asbestos. (c) Who within the company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects of asbestos exposure. (d) What information was disseminated within Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. (e) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in a written form. (f) Who is the custodian of such information. ANSWER: (a) GARLOCK received personal injury claims commencing in . the late 1980's alleging that pleural thickening or pleural plaques were conditions potentially caused by occupational exposure to asbestos fibers. The 1986 OSHA regulations also discuss pleural changes and GARLOCK received those regulations. (b) Lawsuits filed against GARLOCK and the 1986 OSHA regulations. (c) Unknown. (d) See Answer to Interrogatory No. 26(a). (e) Yes. (f) GARLOCK INC. -33- NTERROGATQRY NO. 28: As to the disease mesothelioma, state: (a) The date on which Defendant or its subsidiary or predecessor first learned that such disease was caused by inhalation of asbestos fibers by humans. (b) The date on which Defendant first suspected that mesothelioma was caused by inhalation of asbestos dust and fibers. (o) How Defendant or its subsidiary or predecessor became aware of . the disease and that it was caused by exposure to asbestos. (d) ' Who within the company or its subsidiary or predecessor first discovered or recognized the adverse consequences or effects of asbestos exposure. (a) What information was disseminated within Defendant's company or ` its subsidiary or predecessor regarding such adverse consequences or effects. (f) Whether any such information is stilt maintained by Defendant or its subsidiary or predecessor in a written form. (g) Who is the custodian of such information. (h) Whether Defendant agrees that there is no known medical cure for mesothelioma. ANSWER: (a) GARLOCK believes it first became aware of the potential relationship between excessive exposure to asbestos fibers and mesothelioma in the 1970's. The source of such knowledge was the asbestos iitigation which involved lawsuits alleging a causa! relationship between asbestos exposure and mesothelioma. (b) See Answer to Interrogatory No. 28(a). - (c) See Answer to Interrogatory No. 28(a). (d) Unknown. 34 (e) See Answer to Interrogatory No. 27(d). (f) Old complaints may be stored in the Rochester warehouse. (g) GARLOCKINC. (h) Objection. Calls for an expert medical opinion. INTERROGATORY NO. 29: As to gastrointestinal cancer, laryngeal cancer, pharyngeal cancer or lymphatic cancer, state: (a) The type of cancer and the date on which Defendant or its subsidiary or predecessor first learned that such diseases were caused by inhalation of asbestos fibers by humans. (b) What cancers has the Defendant or its subsidiary or predecessor become aware can be caused by exposure to asbestos fibers. (c) The date on which Defendant first suspected other cancers were caused by asbestos inhalation. (d) Who within the company or its subsidiary or predecessor first discovered the adverse consequences or effects of asbestos exposure. (e) What information was disseminated with Defendant's company or its subsidiary or predecessor regarding such adverse consequences or effects. (f) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in a written form. (g) Who is the custodian of such information.' ANSWER: (a) GARLOCK became aware in the late 1080's that individuals were claiming excessive exposure to asbestos fibers could cause gastrointestinal cancer, laryngeal cancer, pharyngeal cancer or lymphatic cancer. GARLOCK does not admit such diseases are related to asbestos exposure. GARLOCK is aware there is controversy and disagreement in the medical -35- profession whether or not inhalation of asbestos fibers can cause or contribute to the diseases listed in this interrogatory. (b) Mesothelioma and lung cancer in individuals with underlying asbestosis. (c) Not applicable. See Answer to Interrogatory No. 29(a). (d) Not applicable. See Answer to Interrogatory No. 29(a). (e) Not applicable. See Answer to Interrogatory No. 29(a). (f) Not applicable. See Answer to Interrogatory No. 29(a). (g) Not applicable. See Answer to Interrogatory No. 29(a). NTERROGATORY NO. 30: Does Defendant contend that asbestos products can be manufactured or designed so as to eliminate all potential health hazards to persons working with or exposed to them? If the answer is affirmative, explain, in detail, and attach any studies or surveys on which this answer is based. ANSWER: Yes. (As to asbestos-containing encapsulated gasket and packing products) GARLOCK has not been made aware of any competent scientific, medical, industrial hygiene or epidemiological studies which establish a causal relationship between the use of or exposure to asbestos-containing gaskets and packing products and any asbestos related disease. The manufacturing process encapsulates the asbestos fibers within the gasket and packing products and fiber release studies conducted by certified industrial hygienists, measuring exposure levels in a wide variety of occupational settings, show de minimus or trivial fiber release from the products. All of those studies are contained in GARLOCK's exhibit binders and we specifically identify Exhibits 15 -126 as the relevant fiber release studies. All scientifically credible industrial hygiene fiber release studies show exposure levels well below the historical and current OSHA permissible exposure levels. OSHA does not require caution labels on gasket and packing products 36 and gasket and packing products are exempt from the Environmental Protection Agency's ban on asbestos products. See GARLOCK Exhibits 1 - 9. INTERROGATORY NO. 31: Describe in detail the types of packages or packaging which Defendant or any of its subsidiary or predecessor companies used for asbestos material or products, listing the dates each type of package was used, a physical description of each type of package, and providing a description of any printed material or trademarks that appeared thereon. ANSWER: GARLOCK states that it does not have records which would show when it started and/or stopped using any particular type or style of packaging. For at .least 50 years, the dominant colors of GARLOCK's packaging materials have been yellow, red and black. Sometimes black has predominated, and at other times yellow has been the dominant color. However, the three colors have usually been used together. GARLOCK cannot identify with any specificity the type of packaging used for particular products at particular times. . The form in which GARLOCK asbestos-containing products are shipped varies, depending upon the size and configuration of each item, the number of items called for by the customer's order, and . the customer's own desires. Among the containers used are burlap bags, cardboard boxes and wooden crates.' In addition, asbestos sheet is occasionally shipped flat on wooden pallets. All of its products, both those containing asbestos and those containing no asbestos, have been sold under the GARLOCK name. In addition, the Calipers and Scale trademark was used with all of its products from about 1900 until approximately 1968. A number of secondary trademarks have also been used over the years. Principal marks which have been used in connection with asbestos-containing products, as well as non-asbestos-containing. products, have been BELMONT, GUARDIAN, CHEVRON, LATTICE BRAID, PALMYRA and PAPER-PAK. 37 INTERROGATORY NO. 32: Has Defendant or any of its subsidiary or predecessor companies at any time entered into a "rebranding" agreement with any other company, either as buyer or seller, concerning asbestos materials or asbestos products? If so, state as to each such agreement: (a) The name of the company manufacturing the asbestos products. (b) The trade name affixed to those products. (c) The periods of time covered by each such agreement. (d) The volume, in dollar amount, of each transaction. (e) The initial purchaser of the products. . ANSWER: Yes. GARLOCK has manufactured asbestos and non-asbestos products and then sold those products for resale under the labels of other companies. GARLOCK has applied customer brand names to compressed asbestos sheet material for the following companies. Anchor Packing; Philadelphia, Pennsylvania Sepco; Birmingham, Alabama J.A. Sexauer; White Plains, New York Vallumoid; Worcester, Massachusetts Drew Chemical, Boonton, New Jersey Industrial Packing, Bucksport, Maine A. W. Chesterton, Wobunn, Massachusetts 1979- 1903 1973-1986 1965 - present 1960- 1980 1980- 1986 1988 - present 1960- 1976 (a) GARLOCK INC. (b) Unknown. (c) GARLOCK is not aware of the existence of any written rebranding agreements although any such agreements may be stored at the Rochester warehouse which contain all documents kept by GARLOCK pursuant to its record 38- retention policies. Baron & Budd will be given access to those documents at a mutually convenient, date, place and time and can inspect and copy any rebranding agreements which are located in the warehouse. (d) Unknown. (e) See the companies listed in the introductory paragraph to this Answer to Interrogatory. INTERROGATORY NO. 33: List the name and address of each company from which Defendant or its subsidiary or predecessor purchased materials or asbestos products which Defendant sold or distributed in any form, stating the form of the materials, the dates of such purchases, and the ultimate disposal of such materials. ANSWER: GARLOGK has from time to time, purchased finished products from other manufacturers, branded those products with the GARLOCK label and sold those products to third-parties. The names of the companies who manufactured the products, the form of the product, the dates of the purchases and the ultimate purchases of these products is presently unknown to GARLOCK. Documentation regarding this issue may be located at the Rochester warehouse where documents kept by GARLOCK pursuant to its record retention policies are stored. Baron & Budd will be provided access to those documents at a mutually convenient date, place and time and may inspect and copy any-documents responsive to this interrogatory at that time 39- NTERROGATORY NO. 34: Does Defendant or any of its subsidiaries or predecessors currently have possession of any writings or contracts on those rebranding agreements set forth in the answer to Interrogatory No. 32? If the answer is affirmative, state: (a) The name, address and job title of each person having custody of each of those documents and their current location. (b) A brief description of each such document, including the dates and the parties signatory. ANSWER: No. See Responses to Interrogatory Nos. 32 and 33 regarding documents stored at the Rochester warehouse per the GARLOCK record retention policy. (a) Unknown. (b) Unknown. INTERROGATORY NO. 35: Prior to 1968, did any person file a claim against a Worker's Compensation carrier covering Defendant or any of its subsidiaries or predecessors alleging that he/she contracted a disease from inhaling asbestos fibers? If so, provide: (a) A list of the claim, including each claimant's name, address and the date each claim was filed, and including the caption and jurisdiction of the claim. (b) The disease alleged in each such claim. (c) A brief summary of the disposition of each such claim. j (d) The name, address and title of the person having custody of the records pertaining to each such claim. ' ANSWER: (a)- (d) Yes. A listing of all asbestos related worker's . compensation claims filed against GARLOCK is attached as Exhibit 40 J. GARLOCK believes that Baron & Budd is already in possession of the documents relating to these worker's compensation claims. GARLOCK refers to the Baron & Budd exhibit list filed in El Paso and other jurisdictions in Texas and throughout the country. INTERROGATORY NO. 36: Did Defendant or any of its subsidiaries or predecessors maintain written minutes of corporate meetings, either board of directors, departmental or otherwise, which reflect discussions pertaining to any subject matter related to asbestos, asbestos i health hazards or asbestos products? If so, for each such set of minutes, state: (a) The dates of each such meeting. (b) The general subject matter discussed at each meeting. (c) Who was in attendance at each meeting. (d) Where and by whom the written minutes are presently maintained. (e) By whom the minutes were taken and put into final format (f) Whether the minutes were abstracted and reports disseminated to other individuals, and if so, the names and job titles of those individuals. ANSWER: Yes. GARLOCK created a Product Liability Committee in the late 1970's and minutes of meetings conducted by that committee are attached as Exhibit K. GARLOCK also has certain Board of Directors Meeting Minutes which refer to asbestos related issues and said minutes are attached as Exhibit L. (a) See Exhibit K and Exhibit L. (b) See Exhibit K and Exhibit L. (c) See Exhibit K and Exhibit L. (d) GARLOCK INC. -41 - (e) See Exhibit K and Exhibit L. (f) See Exhibit K and Exhibit L. INTERROGATORY NO. 37: Do you or any of your subsidiaries, including foreign business entities, currently manufacture any products containing asbestos? If so, state: (a) As to each product, whether such product is mined, manufactured and/or marketed or sold. (b) The names and addresses of the companies mining, manufacturing, marketing, and/or selling each of those products, (c) The trade or brand name of each of those products mined, manufactured, marketed and/or sold. (d) The date each of the named products was placed on the market (e) A description of the physical (chemical) composition of each of the named products, including the type of asbestos contained in the product. (f) A description of the physical appearance of each product and its packaging. (g) A detailed description of the intended uses of the named products. (h) Whether there are any warning labels on said products or containers regarding potential asbestos-related health hazards. ANSWER: Yes. Gariock of Canada and Gariock of de Mexico currently manufacture certain asbestos-containing products. GARLOCK will answer the interrogatory subparts separately for each entity. Gariock of Canada. Ltd. (a) Manufactured, marketed and sold. (b) Gariock of Canada, Ltd., 4100 Rue Gariock, Sherbrooke, Quebec. . -42- (c) Gariock of Canada, Ltd. sells asbestos yam and cloth-these products do not have trade or brand names. Gariock of Canada, Ltd. has also sold compressed asbestos sheet and braided packings. See Exhibit B for style numbers. (d) Gariock of Canada, Ltd. opened its textile facility in 1976 and has been manufacturing and selling asbestos yam and doth since that time. Gariock of Canada, Ltd. sold compressed asbestos sheet from 1962 to 1991 and braided packing from 1962 to 1999. (e) See Exhibit B and product information, catalogs, and advertising material products previously produced to Baron& Budd in the Fuiton County, Georgia asbestos litigation. See Answer to Interrogatory No. 6. (f) See product information, catalogs and advertising materials previously produced to Baron & Budd in the Fulton County, Georgia asbestos litigation. See Exhibit B and Answer to interrogatory No. 6. (g) See product information, catalogs and advertising materials previousiy produced to Baron & Budd in the Fuiton County, Georgia asbestos litigation. See Exhibit B and Answer to Interrogatory No. 6. (h) Yes. Caution labels have been placed on asbestos textile products since 1976 and on compressed sheet and braided packing since 1977. Gariock of de Mexico (a) Manufactured, marketed and sold. (b) Gariock de Mexico; Apartado Postal 16-103; Poniente 116, - No. 571; Colonia industrial Vallejo; Delegacion Azcapotzalco; 02300, Mexico, DF. (c) Asbestos products manufactured and sold by Gariock de Mexico include compressed asbestos sheet material and braided compression packing. -43 (d) 1959 to the present. (e) See Exhibit B and product information catalogs and advertising materials previously produced to Baron & Budd in the Fulton County, Georgia asbestos litigation. Also, see Answer to Interrogatory No. 6. (f) See Exhibit B and product information catalogs and advertising materials previously produced to Baron & Budd In the Fulton County, Georgia asbestos litigation. Also, see Answer to interrogatory No. 6. (g) See product information, catalogs and advertising materials previously produced to Baron & Budd in the Fulton County, Georgia asbestos litigation. See Answer to interrogatory No 6. (h) Yes. Caution labels have been placed on asbestoscontaining products manufactured and sold by Garlock de Mexico since February, 1997. INTERROGATORY NO. 38: State whether you or any of your predecessors and/or subsidiaries maintain, from 1940 through the present or for any portion thereof, copies of invoices, shipping documents, bills of lading, purchase orders or other documents of a similar nature relating to the mining, manufacture, marketing, sale or distribution of asbestos products. If so, state: (a) The location of such documents. (b) The name and address of the custodian of the documents. (c) The format in which the documents are kept, i.e., hard copy, microfilm, microfiche, etc. (d) in what form the documents can be accessed, i.e., by state, by product, etc., and if by product, whether kept according to asbestos -44- or non-asbestos. ANSWER: GARLOCK states that it does not maintain separate compilations of sales records for its asbestos-containing products or for sales in specific states or sub-divisions thereof. Such older records that still exist are retained in the document warehouse in Rochester, New York. These records will be made available to plaintiff for inspection and copying at plaintiffs expense and at a mutually convenient date, time and place. It is believed that the oldest such paper records generally date from approximately 1978. Upon receipt of specific information from the Plaintiffs as to the products to which they allege to have been exposed, the dates of the alleged exposure and the locations at issue, this Defendant will attempt to identify whether or not it sold such asbestos-containing products to the locations specified, at the time periods in question. GARLOCK maintains a microfiche database of sales documents maintained at the Rochester warehouse and GARLOCK will search specific sites or facilities relevant to Plaintiff with claims in this jurisdiction. INTERROGATORY NO. 39: Will you call company representatives as witnesses at the trial of any of these cases? If so, list: (a) The name, address and job title of each company representative who may be called. (b) A summary of the testimony expected to be given by each such witness. (c) List any and ail previous times that the named witnesses have either given deposition or trial testimony in an asbestos-related case, including the jurisdiction, style of the case, case number, date of testimony, and the name of the attorney taking the deposition for the Plaintiffs in that case. -45- ANSWER: Defendant objects to this interrogatory to the extent that it seeks a description of a trial witness's testimony. Additionally, because it is an overly broad request, imposes an undue burden on Defendant, and seeks information protected from disclosure by the attomey/ciient privilege and attorney work product privilege. Subject to these objections and without waiving them, Defendant responds as follows: . This Defendant discloses the following fact witnesses who may be called to testify at trial: 1. Any present or former employee of GARLOCK. GARLOCK specifically identifies Mr. Clayton Jewett and Mr. Roy Whittaker as former employees, and Mr. James E. Heffron . as a current employee, who may testily on behalf of GARLOCK. Messrs. Jewett, Whittaker and/or Heffron may provide testimony on the process involved in the manufacture of various asbestos containing and non asbestos containing GARLOCK gaskets and packing material. Messrs. Jewett, Whittaker and/or Heffron may also describe the various products manufactured by GARLOCK and the proper application and use of said products. GARLOCK reserves the right to call any current or past GARLOCK empioyees in response to the evidence presented in plaintiffs' case-in-chief. 2. GARLOCK reserves the right to cross-examine any fact or expert witnesses disclosed by the plaintiffs as well as any and all treating physicians of the plaintiffs. In addition, defendants adopt, insofar as they deem it consistent with their own defenses, any fact witnesses disclosed by any co defendants or any plaintiffs in this matter. 3. GARLOCK disclaims any duty to introduce any of the abovementioned witnesses at trial by virtue of placing them on the list. 4. GARLOCK specifically reserves the right to call any witness listed by any party, either live or by deposition or by previous trial testimony, who may have been called to testify in this case for the purpose of impeachment, rebuttal, or any other purpose the law allows. 5. GARLOCK has not yet completed its determination of witnesses and reserves the right to supplement and amend -46 this list up to and including the time of trial. 8. Any and ail treating physicians, attending physicians, screening physicians and pathologists of the plaintiffs' decedent and of the plaintiffs. 7. Any and all family members, friends, or other witnesses disclosed by the plaintiffs or otherwise revealed in discovery to be conducted. 8. Any and all co-workers or other employees of the empioyer(s) of the plaintiffs' decedent as disclosed by plaintiffs or other defendants or as otherwise may be disclosed in trial preparation and discovery. 9. See Exhibit M for testimony lists which includes the occasions where Messrs. Jewett, Whittaker and Heffron have given testimony in an asbestos-related case. INTERROGATORY NO. 40: Have Defendant or its subsidiaries or predecessors ever acquired through purchase, reorganization or merger another corporation, company, or business which manufactured, sold, process, distributed or contracted or supplied products containing asbestos? If so, for each such entity, state: (a) Full and correct name; (b) Principal place of business; (c) State of incorporation; (d) Date of acquisition by Defendant; (a) Whether or not the business entity was ever authorized to transact business in the State of Texas. 47 ANSWER: (a) - (e) In past years, GARLOCK acquired four subsidiary companies which made and/or sold at least some asbestos-containing products. Those companies were the Belmont Packing & Rubber Company, Crandall Packing Company, Dealers' Steam Packing Company and U.S. Gasket Company. Belmont was purchased in 1930, Crandail in 1939, Dealer's Steam in 1929 and U.S. Gasket in 1955. The only asbestos-containing products of which GARLOCK is aware that were made and/or sold by these companies were sealing products substantially equivalent to similar such products made and sold by GARLOCK. The Belmont Packing & Rubber Company was located in Philadelphia, Pennsylvania; Crandall Packing Company and Dealers' Steam Packing Company were located in Palmyra, New York; and U.S. Gasket Company was located in Camden, New Jersey. Ultimately, each of the four subsidiaries was merged or otherwise absorbed into GARLOCK, including all assets and liabilities. As far as GARLOCK is aware, all business records of these former subsidiaries were destroyed many years ago in accordance with GARLOCK's long-standing record retention program. It is probable that old corporate minute books stiil exist, but GARLOCK would not expect them to contain any information pertinent to this litigation. In June, 1987, GARLOCK acquired The Anchor Packing Company of Philadelphia, Pennsylvania which has sold asbestos-containing gaskets, gasket materials and packing. GARLOCK has no information regarding the state in which these entities were incorporated. GARLOCK has no information regarding whether these entities were ever authorized to do business in Texas. . INTERROGATORY NO. 41: Was each of your asbestos products generally expected to reach, or packaged to reach, the consumer or user, without substantial change in the condition in which it was sold? If not, with respect to any such product, explain in what way the Defendant claims its products were altered or substantially changed after sale or distribution and before reaching the user. - 48 - ANSWER: Yes. INTERROGATORY NO. 42: For each asbestos-containing product identified in response to Interrogatory No. 6, identify ail foreseeable users such as insulators, helpers, pipefitters, welders, machinists, plasterers, drywall finishers, carpenters, boiler makers, shipwrights and riggers, etc. of any of Defendant's asbestos-containing products. ANSWER: Depending on the job definitions used at particular plants and facilities, GARLOCK believes that certain occupations such as pipefitters, millwrights, machinists and boiler makers are potential users of asbestos-containing gasket and packing products. INTERROGATORY NO. 43: Based upon the material contents of your asbestos-containing products, the method of manufacturing, and the method of application, can such products be generally applied without liberating asbestos fibers into the air? (a) if there is a different answer concerning different products manufactured, sold, distributed, or used by your company, then __^spiafy^e different products by precise manufacturer's name and popular name. (b) If there is a difference in your answer depending on the year or years in which a particular product was used, then specify in detail what year or years you are referring to and the specific products you are referring to and year involved. -49 ANSWER: Yes. INTERROGATORY NO. 44: . Was it a foreseeable use of your asbestos-containing products that they may have been removed, stripped or replaced at some time after installation? ANSWER: Yes. INTERROGATORY NO. 45: Before 1970, did you or your subsidiaries or predecessor(s) ever arrange for any labor inspectors, insurance company inspectors or anyone from your company to go to job sites where your products were being used or installed to make or take dust level counts? If so, state when this procedure started, the purpose of such procedures, and all results of such procedures. ANSWER: No. INTERROGATORY NO. 46: If Defendant performed or had performed any dust level counts, what action, based on the results, did your company take? ANSWER: Not applicable. INTERROGATORY NO. 47: Has your company or its subsidiaries or predecessors) ever conducted or caused to be conducted any studies designed to assist in minimizing or eliminating the -50 inhalation of asbestos dust and fibers by those exposed to the use of your company's products? If so, give the following: (a) Name of the person or firm conducting such studies. (b) The date the studies began and the date they were completed. (c) Any publication or other written dissemination of the results of the studies. (d) The nature of any action to eliminate or minimize the inhalation of asbestos dust fibers. ANSWER: No. INTERROGATORY NO. 48: Does your company have, has it ever had, or have your predecessor(s) or subsidiaries ever had, a Research Department? If so, give the year such Research Department was established, and whether or not such Research Department has operated continuously since being established. State also: (a) The amount of time and money expended each year on research concerning asbestos or asbestos-containing products? (b) What percentage of gross sales did your company or its predecessors) spend on research concerning the health effects of asbestos? (c) State in detail the purposes, duties and responsibilities of such Research Department ANSWER: A Research and Development Department existed during most of the 1960's. The exact dates of its formation and termination are not available. A new Research and Development Department was established early in 1984 and functioned for approximately two years. In both instances, the Department worked on the development of new and/or improved products and processes. The Department never conducted any medical research. -51 - (a) Unknown. GARLOCK has spend substantial funds researching and investigating possible substitutes for asbestos-containing products, but it is unable to quantify the dollar amount (b) GARLOCK does not have a medical department and no medical research was conducted by GARLOCK on the health effects of asbestos. GARLOCK is an industrial products company primarily focused on the manufacturer and safe of fluid sealing devices. (c) The Research and Development Department was charged with a development and/or improvement of GARLOCK products and manufacturing processes. During the years GARLOCK did not have a formal Research and Development Department, GARLOCK continued to perform functional and performance related research. INTERROGATORY NO. 49: Does your company have, or has it ever had, or have your predecessors) or subsidiaries ever had, a Medical Department? if so, state: (a) The year such Medical Department was established. (b) Whether or not such Medical Department has operated continuously since being established. (c) The name of each director, chief, or head of your Medical Department year by year, beginning with the first year you had a Medical Director or Medical Department, and the last known address and phone number of each. (d) State the duties and responsibilities of such Medical Department. -52- ANSWER: No. By way of further answer, GARLOCK states that it has not employed, retained or otherwise engaged physicians, industrial hygienists or others to conduct medical research. INTERROGATORY NO. 50: Did your company or its predecessor(s) or subsidiaries ever place any warning directly on any of its asbestos-containing product or on their packaging? If so, identify the produces) and year said warning was first applied. ANSWER: See Answer to interrogatory No. 14. INTERROGATORY NO. 51: Did your company or its predecessor(s) or subsidiaries ever stamp or place the name of the company, its initials, or any identifying logo on any of its asbestos- containing products? if so, please state the name brand names of such products, a description of such stamp or logo and the dates such were placed on the referred products. ANSWER: Yes. GARLOCK has been manufacturing asbestos products since 1907. All of its products, both those containing asbestos and those without asbestos, have been sold under the GARLOCK name, in addition, a caliper and scale trademark was used on all products until 1968, A number of secondary trademarks have also been used over the years. These trademarks include Belmont, Guardian Chevron, Lattice Braid, Palmyra and Paper-Pak. it may be possible to identify GARLOCK asbestos-containing products depending on the products in question and the degree of expertise of the person making the identification. Some GARLOCK products have been labeled with the company name. The GARLOCK name has appeared on gasketing and sheet materials since the early 1900's. For braided packing product, the GARLOCK name of the trade names identified above does not appear on the materials and it could be difficult to identify them because many of GARLOCK's packing products are similar in appearance to products -53- manufactured and sold by competitors. However, the GARLOCK name does appear on the product packaging for braided packing materials. The Belmont trademark has been used with a wide variety of gaskets, gasket materials, packing and seals. The Guardian trademark has been used on association with spiral wound : gaskets. The Chevron trademark has been used in association with a wide variety of V-Ring packings. The Lattice Braid trademark has been used in association with a wide variety of braided packings. Each of these marks has been used for more than 50 years and each is still in use. The Palmyra trademark was used in association with a lubricated rubber and asbestos fabric packing for about 40 years, ending in 1960. T he Paper-Pak trademark has been used in association with braided packings for use in the paper industry since 1960. INTERROGATORY NO. 52: Has your company, or your predecessors) or subsidiaries, ever devised a research plan to develop or actually developed or had developed, a product which did not contain asbestos and which could be substituted for one or more of your asbestos- containing products? If so, state the date that such research plan was begun and when such asbestos-free product was first placed on the market. ANSWER: . Yes. GARLOCK has always made available non-asbestos containing sealing products as well as asbestos-containing sealing products to its customers. This Defendant has not recommended asbestos containing products for any particular purpose. Customers specified the need for asbestos-containing material for certain applications requiring a heat resistant sealing product. GARLOCK has constantly been involved in supplementing and developing products to satisfy customer needs and meet specific application requirements of the customer. The non-asbestos products which most closely conformed to the properties of the asbestos-containing products were developed after 1970. GARLOCK has made numerous changes in products over the years. Changes were made for many reasons, including cost 54- reduction, improved performance or because of the development of new materials, introduction, distribution, improvement, modification and discontinuance of styles of all kinds has been a continuing process at GARLOCK. Over the years, GARLOCK has discontinued the manufacture and sale of numerous types of asbestos-containing products. Asbestos products were discontinued when new and better products became available. New products were put on the market after comprehensive design, development and testing was performed by OARLOCK'S technical staff. The success of new products is dependent on customers acceptance of the product. Customers must determine if a new product meets its application requirements. Since 1970, many products have been developed by GARLOCK and been accepted by customers because these products have proven to be functionally equal or superiorto the asbestos-containing products that previously were used for particular applications. However, there are certain applications for which there is no adequate replacement or substitute for asbestos-containing products. The dates asbestos-containing products were removed from OARLOCK'S product line are shown on Exhibit B. GARLOCK also attaches Exhibit N, a chart with displays the "History of Gasketing." The non-asbestos substitutes for asbestos gasketing material and the years they became available are. delineated in the chart. Examples of non-asbestos gasket materials developed by Garlock for certain applications include Bluegard, Gyion, Guardian, HTC, Kevlar and Graphite. GARLOCK developed potential substitutes and replacements for asbestos-containing packing material in the early 1980's. The new packing products include Synthepak, Carbon Packing, Kevlar, Thermosil and Fiberglass Packing. See catalogs previously produced to Baron & Budd in the Fulton County, Georgia asbestos litigation. INTERROGATORY NO. 53: Did your company or its predecessor(s) or subsidiaries ever recall any products containing asbestos from the market or stream of commerce? If so, state: (a) All details of such recall. -55- (b) The name of the product recalled, including the reason for the recall and the names and current addresses of those individuals who determined that it should take place. . (c) The dates of recall. (d) The purpose for the recall. ANSWER: No. INTERROGATORY NO. 54: Before 1970, did you ever manufacture or sell products which did not contain asbestos and which could be substituted for your asbestos-containing products? if so, state the date such asbestos-free products were first placed on the market. ANSWER: Yes. See Answer to Interrogatory No. 52. INTERROGATORY NO. 55: Have any products you identified in your response to Interrogatory Nos. 52 and 54 not performed as intended? Please list all such products that have not performed as intended. ANSWER: Yes. All products occasionally display performance problems, and customers, have on occasion, reported that non-asbestos products developed since 1970, do not perform as well as the asbestos products designed for similar applications. The customer has the ultimate authority in choosing the particular product for a particular application and evaluating whether particular products perform as intended. For example, Bluegard manufactured with acrylic fibers did not perform well in steam applications and the accepted temperature range was downgraded to 350 degrees. GARLOCK asserts that all the products it manufactures and sells, asbestos and non-asbestos, perform their fluid sealing function in an efficient manner. They would not be marketed and sold if they did not have -56- the ability to perform the function for which they were designed. The customer chooses what product is appropriate for particular applications or operations. There are certain applications for which there are no adequate substitutes or replacements for asbestoscontaining materials. INTERROGATORY NO. 56: Did your company or its predecessor(s) or subsidiaries ever make, order or arrange for any industrial hygiene surveys regarding asbestos or asbestos-containing dust? If so, give the date of such surveys and state who, or what entity, was responsible for completion of such surveys. ANSWER: Yes. See GARLOCK' s Exhibit Binder which has been produced in its entirety to Baron & Budd. GARLOCK identifies the following studies by author and exhibit number. Author Garlock Exhibit Number 1. Nielsen 33-38 2. Mangold 18-31 3. McCrone 39-40 4. Boelter 99-108 5. Spencer 111-11 INTERROGATORY NO. 57: As to either the threshold limit values or maximum allowable concentrations of both asbestos dust and total dust provided by the American Conference of Governmental Industrial Hygienists, state: (a) The year in which Defendant or any predecessor(s) or subsidiaries -57 were first advised of such limits or concentrations. (b) The name of the employee or official of the company receiving such advice. (c) How Defendant received notice of such limits or concentrations. ANSWER: (a) GARLOCK learned of the ACGIH Threshold Limit Value in 1947. (b) George Houghton . (c) Hemeon Report, Industrial Hygiene Foundation-prepared for the Asbestos Textile Institute in June, 1947 (previously produced to Plaintiffs). INTERROGATORY NO. 58: Were the threshold limit values or maximum allowable concentrations inquired about in Interrogatory No. 57 for total dust, and not asbestos dust alone? ANSWER: Yes. INTERROGATORY NO. 59: State in detail what tests, if any, Defendant ever made with regard to the quantity, quality or threshold limit values of asbestos dust or particles to which workers were exposed while using, working with or around, or installing your asbestoscontaining products. 58- ANSWER: See Answer to interrogatory No. 56.' INTERROGATORY NO. 60: Please state the following with respect to each expert witness that you expect to cail during trial of these cases. Please designate with specificity the expert witnesses you may cail, including: (a) The name, address, and job classification of each such expert witness. (b) The subject matter on which the expert is expected to testify. (c) The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (d) Whether any person identified in subparagraph (a) above has provided a report or other documentation to you, and if so, identify each such document or report. (e) Identify all documents that you have provided to each person identified in response to subparagraph (a) above. (f) Describe in detail the education and work history of, and identify any books, treatises, articles, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to subparagraph (a) above. Alternatively, in lieu of said response, attach a copy of a resume or curriculum vitae and a list of publications to your answers. ANSWER: GARLOCK's Expert Witness Disclosure is attached as Exhibit O. INTERROGATORY NQ. 61: Please state the name, present address and present telephone number, along with the experience and qualifications, if applicable, of each and every person, known to Defendant or to Defendant's agents, having knowledge of facts relevant to this case 59- involving, but not limited to: (a) Identification of asbestos-containing products to which each and every individual Plaintiff, separate and distinct from all other Plaintiffs within the group, allegedly was exposed or facts disputing the identification of asbestos-containing products in this case. (b) Each and every individual Plaintiff, separate and distinct from all other Plaintiffs within the group, alleged damages, injuries and/or facts disputing each and every Plaintiffs alleged damages and/or injuries. (c) The negligence of any person or entity other than Defendant which Defendant contends was a cause of each and every individual Plaintiff, separate and distinct from all other Plaintiffs within the group, alleged injuries and/or damages. (d) Each of Defendant's defenses enumerated in Defendant's last filed Answer in each of these cases. ANSWER: This Defendant has no record or knowledge of any such persons at this time, other than the Plaintiffs' themselves. Discovery is continuing and Defendant will supplement in accordance with the Texas Rules of Civil Procedure and court order. INTERROGATORY NO. 62: Please identify documents which will be used at time of trial (Exhibit List, Deposition List), which are relevant to each of Defendant's enumerated defenses in Defendant's last filed Answer. ANSWER: GARLOCK's Exhibit List is attached as Exhibit E. INTERROGATORY NO. 63: When, if ever, did Defendant or any of its predecessors-in-interest first receive a copy of the article entitled "A Health Survey of Pipe Covering Operations in . -60- Constructing Naval Vessels", published in January, 1946 in the Journal of Industrial Hygiene & Toxicology, and authored by W. Fleischer and P. Drinker, et ai ("the Fleischer-Drinker Report")? (a) Identify the name and position of the employee or officer who received same. (b) Please produce aii documents generated by Defendant which discusses or in any way references the "Fleischer-Drinker" study prior to 1968. (c) Please produce all documents upon which your responses above are based. (d) Please identify the name(s) and addresses(s) of any person(s) who can verify your above response. (e) Did Defendant ever rely on the Fleischer-Drinker Report in whole or in part as a basis that Defendants asbestos products couid be used in the workplace without risk of asbestos-related health impacts to the consumer and/or bystander. (f) If so, please produce every document which evidences in any way that Defendant relied on the Fleischer-Drinker Report in whole or in part for the proposition stated in Interrogatory No. 63(a) above. (g) If your answer to 63(e) is yes, when was the first date Defendant relied on the Fleischer-Drinker report in whole or in part for the proposition stated in 63(e) above? ANSWER: GARLOCK has no record, knowledge or recollection of receiving a copy of the Fleischer-Drinker Report during the normal course of business at any time prior to the commencement of the asbestos litigation. GARLOCK did receive a copy of the Fleischer-Drinker report for the first time from its attorneys through the discovery process at the beginning of the asbestos litigation. -61 - INTERROGATORY NO. 64: When, if ever, did Defendant or any of its predecessors-in-interest first receive a copy of the article entitled "A Study of Asbestos in the Asbestos Textile industry", published in 1938 in Public Health Bill No. 241, U.S. Public Health Service and authored by W. (c)[sic] Dreessen ("the Dreessen Report")? (a) Identify the name and position of the employee or officer who received same. (b) Please produce all documents generated by Defendant which discusses or in any way references the "Dreessen" study prior to 1968. (c) Please produce all documents upon which your responses above are based. (d) Please identify the name(s) and addresses(s) of any person(s) who can verify your above response. (e) Did Defendant ever rely on the Dreessen Report in whole or in part as a basis that Defendant's asbestos products could be used in the workplace without risk of asbestos-related health impacts to the consumer and/or bystander. (f) If so, please produce every document which evidences in any way that Defendant relied on the Dreessen Report in whole or in part for the proposition stated in interrogatory No. 64(a) above. (g) If your answer to 64(e) is yes, when was the first date Defendant relied on the Dreessen report in whole or in part for the proposition stated in 64(e) above? * ANSWER: GARLOCK has no record, knowledge or recollection of receiving a copy of the Dreessen report during the normal course of business at any time prior to the commencement of the asbestos litigation. GARLOCK did receive a copy of the Dreessen report through the discovery process in the asbestos litigation. -62- INTERROGATORY NO. 65: Please Identify documents or things, including x-rays, MRIs, CT-scans or other materials which will be used at time of trial (Exhibit List, Deposition List), which are relevant to each of Defendant's enumerated defenses in Defendant's last filed Answer. ANSWER: Not applicable. 63 Exhibit B GARLOCK ASBESTOS-CONTAINING PRODUCT LIST STYLE PRODUCT 7021 Compressed Sheet 7705 Compressed Sheet 900T Compressed Sheet 901 Compressed Sheet / Gasket 902 Compressed Sheet / Gasket 903 Compressed Sheet / Gasket 8038 Compressed Sheet / Gasket 850 . Compressed Sheet / Gasket 10Q0W Compressed Sheet with Wire 7003 7006 Compressed Sheet Compressed Sheet 7008 7009 7021T 7022 Compressed Sheet Compressed Sheet. Compressed Sheet Compressed Sheet / Gasket 7028 70___ Compressed Sheet / Gasket Compressed Sheet / Gasket 7226 7228 Compressed Sheet Compressed Sheet 7405 Compressed, Sheet 7735 Compressed Sheet 7738 7819 Compressed Sheet. Compressed Sheet 7844 Compressed Sheet 8746 Compressed Sheet 8748 Compressed Sheet 8053 Compressed Sheet 8057 Compressed Sheet 8058 Compressed Sheet 9531 Compressed Sheet EXHIBIT ASBESTOS TYPE PERCENTAGE ASBESTOS BINDER TYPE Chrysotile Crocidoiite Chrysotile Chrysotile Chrysotile Chrysotile Chrysotile Chrysotile Chrysotiie Chrysotile Chrysotiie Chrysotile Chrysotile Chrysotile Chrysotile' Chrysotile Chrysotile Chrysotiie Chrysotile Chrysotile Chrysotile Chrysotile Chrysotile Chrysotile Chrysotile Chrysotiie Chrysotile Chrysotiie Chrysotile Chrysotile 75-85 85-86 85 75-85 76-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 SBR ' SBR SBR SBR SBR SBR SBR SBR SBR SBR SBR SBR ' SBR ' SBR SBR SBR SBR Neoprene Neoprene SBR SBR SBR SBR SBR SBR SBR SBR SBR SBR SBR CESSATION OF MANUFACTURING YEAR Still Manufacturing 1983 Still Manufacturing Still Manufacturing Still Manufacturing 1991 1991 Still Manufacturing Still Manufacturing 2000 2000 * 2000 1988 Still Manufacturing 1957 1991 1991 1988 Still Manufacturing 2000 1992 1991 1991 1981 2000 Stiii Manufacturing 1991 2000 1991 , 2000 ' Page 1 of 8 STYLE PRODUCT . 9532 Compressed Sheet 9533 Compressed Sheet 950 Compressed Sheet / Gasket 961 Compressed Sheet / Gasket 1674 Compressed Sheet 7098 Compressed Sheet 7772 Compressed Sheet 270 Compressed Sheet 300 Compressed Sheet 400 Compressed Sheet 200 Compressed Sheet 424 ' Compressed Sheet 425L Compressed Sheet 450 Compressed Sheet 459W1 Compressed Sheet 480 Compressed Sheet 480L Compressed Sheet 4101 - Compressed Sheet 4102 Compressed Sheet 4121 Compressed Sheet 4122 Compressed Sheet ' 4124 Compressed Sheet 1202 Compressed Sheet 1400 Compressed Sheet 7085 Compressed Sheet 8800 Compressed Sheet 7070 Compressed Sheet 7278 Compressed Sheet 7346 Compressed Sheet 7486 Compressed Sheet 7640 Compressed Sheet 7647 Compressed Sheet ASBESTOS TYPE Chrysotlle Chrysotile Chrysotiie Chrysotile Chrysotile Chrysotile Chrysotile Chrysotile Chrysotile Chrysotiie Chrysotiie Chrysotile Chrysotiie Chrysotiie Chrysotile Chrysotile Chrysotile Chrysotile Chrysotile Chrysotiie Chrysotile Chrysotiie Chrysotile Chrysotile Chrysotile Chrysotiie Chrysotiie Chrysotiie Chrysotile Chrysotiie Chrysotile Chrysotiie PERCENTAGE ASBESTOS BINDER type 75-85 SBR CESSATION OF MANUFACTURING YEAR 2000 75-85 SBR 2000 75-85 SBR Still Manufacturing 75-85 SBR Still Manufacturing 75-85 SBR 2000 75-85 Neoprene 1974 75-85 SBR 1986 75-85 Nitrite 2000 75-85 SBR ' 2000 75-85 Nitrite 1991 75-85 SBR 1991 75-85 SBR - 1991 75-85 SBR 1996 75-85 Neoprene 1991 75-85 ' SBR 1991 75-85 SBR 1996 75-85 SBR 1996 75-85 75-85 SBR * Nitrite 1992 1992 . 75-85 Nitrite 1992 75-85 Nitrite 1992 75-85 Nitrite 1992 75-85 SBR 1991 75-85 SBR 1960 75-85 SBR 2000 75-85 ? 1962 75-85 75-85 Nitrite ? 1991 1956 75-85 Poiacrylate 1991 75-85 ? 1991 75-85 SBR 1956 75-85 SBR 1956 Page 2 of 8 STYLE PRODUCT ASBESTOS PERCENTAGE TYPE ASBESTOS BINDER TYPE 7860 (red) 7651 7679 8500 8554 Compressed Sheet Compressed Sheet Compressed Sheet Compressed Sheet Compressed Sheet Chrysolite Chrysotite Chrysolite ' Chrysolite Chrysotite 75-85 75-85 75-85 75-85 75-85 8614 Compressed Sheet 8688 Compressed Sheet 9529 Compressed Sheet 9582 Compress Asb, Direct 8806 . Compress Asb. Direct 8388 Compress Asb. Direct 8553 Compress Asb. Direct 9151 Compress Asb. Direct / Gasket 9164 .Compress Asb. Direct / Gasket 9731 Unaured Style 7021 9055 Compressed Sheet 9209 ` SW Cane Treated Sheet 9256 Compressed Sheet * 8082 Compressed Sheet 8090 Compressed Sheet / Gasket 8126 Compressed Sheet 8285 (red) Compressed Sheet . 804 Compressed Sheet / Gasket 8400 Flue Duct Expansion Joint 7904 Chevron Packing 8940 Chevron Packing 8157 Chevron Packing 555 Spiral Wound Gasket Chrysotite Chrysotite Chrysotite Chrysotite Chrysotite Chrysotite Chrysotite Chrysolite Chrysotite Chrysolite Chrysotite Chrysotite Chrysotite Chrysolite Chrysolite : Chrysotite Chrysolite Chrysolite Chrysotite Chrysotite Chrysolite Chrysolite 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75-85 75 40-50 40-50 40-50 10 SBR SBR 7 Natural Poiyneoprene ? SBR ? Neoprene Neoprene SBR SBR SBR SBR Neoprene SBR Natural SBR SBR SBR SBR SBR UNK. Teflon Teflon Teflon Paper CESSATION OF MANUFACTURING YEAR 1991 1991 1956 1972 . 1991 1956 1951 2000 1991 1980 1991 1959 1956 1991 1960 2000 1962 1.958 2000 1956 1979 1956 1991 1980 1981 1981 1981 1988 XAMAHONEYV&ai1odi-Ancfior.gen\TexaslGBilock Product UsLI.wpd Page 3 of 8 STYLE PRODUCT 17 Alabostine Packing 87 Extra Diagonal Packing 111 Rubber Pump Valves . 114 Wire Wound Coll Packing 115 ' Beaver Packing Round 116 Wire Wound Ring Packing 117 Beaver Packing Round 127 Compressor Packing 144 Palmyra Coil Packing -150 High Pressure Spiral Packing 161 Molded Valve Ring 163 Molded Valve Ring 166 Molded Valve Ring 176 Hot Oil Packing 220 Compressor Coil Packing 221 Compressor Spiral Packing 222 Compressor Spiral Packing ASBESTOS PERCENTAGE BINDER/ CESSATION OF TYPE ASBESTOS LUBRICANT MANUFACTURING YEAR Chrysctiie By Natural Rubber 1980 Chrysotile Unk. Petrolatum Wax & Graphite 1980 Chrysolite 25 Natural Rubber 1981 ' Chrysotile 17 * , SBR, 1961 Paraffin & Graphite Chrysotile Unk. . Petrolatum & 1957 Graphite ` Chrysotile 20 SBR, Paraffin & Graphite 1957 Chrysotile 42 Graphite 1965 Chrysotile 51 SBR 1980 Chrysotile Unk. Natural Rubber & Glycerin 1980 . Chrysotile Unk. . Natural Rubber, SBR, Glycerin & Graphite 1980 Chrysotile 32 Chrysotile 64" Paraffin & Graphite Petrolatum & Graphite 1980 1980 ' Chrysotile Unk. Nitrite & Graphite 1983 Chrysotile 79 Natural Rubber & Graphite 1980 Chrysotile Unk. Natural Rubber 1976 Chrysolite Unk. Natural Rubber 1976 . Chrysotile Unk. Natural Rubber 1976 Page 4 of 8 STYLE PRODUCT ASBESTOS PERCENTAGE BINDER/ CESSATION OF TYPE ASBESTOS LUBRICANT MANUFACTURING YEAR 23Ci Square Braided Packing Crocidoiite 55-69 Petrolatum & 1980 Graphite 231 Square Braided Ring . Crocidoiite 55-69 Petrolatum 1980 & Graphite 233 Derby Coil Packing Chrysotiie 55-69 Petrolatum 1980 234 Roiopac Coii Packing Chrysotlie 57 Petrolatum & 1980 Graphite 235 Derby Ring Packing Chrysotiie 55-60 Petrolatum 1980 237 Thomdyke Coil Packing Chrysotiie ' 47-50 Glycerin & Graphite 1980 238 TTiomdyke Coii Packing Chrysotiie 47-50 Glycerin & Graphite 1980 239 Roiopac Coii Packing Chrysotiie 54 . Petrotahjm & 1958 Graphite 243 Derby Coii Packing Round 244 Roiopac Coil Packing Chrysotiie 56 Chrysotiie 55 - ' Petrolatum & Graphite Petrolatum & Graphite 1968. 1980 245 Derby Ring Packing Chrysotiie 56 Petrolatum & 1958 Graphite 248 Mil! Coil Packing Chrysotiie Unk. Copper Wire 1959 249 Roiopac Ring Packing Wire Chrysotiie Unk. Petrolatum 1957 '251 Mill Ring Packing Chrysotiie Unk. Copper Wire 195B 252 Furnace Door Packing Chrysotiie 85 ' Copper Wire 1980 256 Expansion Joint Packing Chrysotiie 75 Petrolatum & 1980 Graphite 257 Cold Oil Packing . . Chrysotiie Unk. Glycerin 1957 25B Blue Asbestos Packing Chrysotiie 75 Vegetable Lubricant & Graphite 1962 ' 266 Roiopac Packing Chrysotiie 60-72 Petrolatum & 1980 Graphite 356 "O" Center.Forged Packing Coil Chrysotiie Unk. SBR& Glycerin 1965 357 "0" Center Forged Packing Chrysotiie Unk. SBR, Graphite & Glycerin 1965 358 "O* Center Forged Packing Chrysotiie Unk. SBR & Glycerin 1965 Page 5 of 8 STYLE PRODUCT 377 Metal Marine Packing 530 Chevron Packing _ 531 Chevron Packing 605 Woven Asbestos Sheet Packing 610 Asbestos Gasketing Tubular 612 Asbestos Tape 625 Autoline Sheet Packing 644 . Pacific Semi Metallic Coil Packing 730 Lattice Braided Packing 731 Lattice Braided Packing -732 Lattice Braided Packing 733 Lattice Braided Packing 734 736 813 813 - a 900 908 Lattice Braided Packing Lattice Braid Blue Asbestos Packing Molded Cups Power Ruies Gears Molded Cups-Power Reverse Gears Compressed Asbestos Sheet Packing Dry Plastic Packing 909 Dry Plastic Packing ASBESTOS PERCENTAGE BINDER/ CESSATION OF TYPE ASBESTOS LUBRICANT MANUFACTURING YEAR Chrysotile link. SBR& Graphite 1980 Chrysotile 45-50 Chrysotile Chrysotile 45-50 Unk. Chrysotile Unk. Chrysotile Unk. Chrysotile Unk. Chrysotile 85 Chrysotile Unk. Chrysotile Unk. Chrysotile Unk. Chrysotile Unk, Chrysotile Crocidoiite Unk. Unk. Chrysotile 45-50 SBR & Mineral Oil 1974 Neoprene 1974 Natural Rubber 1981 Natural Rubber 19B0 Natural Rubber & Graphite 1981 Natural Rubber & Graphite (Wire?) 1981 Petrolatum & 1980 Graphite Vegetable Lubricant & Graphite 1980 Vegetable Lubricant & Graphite 1980 - Vegetable Oil 1980 & Graphite Petrolatum & 1980 Graphite Glycerin 1980 Petrolatum & 1965 Graphite SBR 1980 Chrysotile 45-50 Neoprene 1980 Chrysotile 85 SBR 1980 Chrysotile Unk. Chrysotile Unk. Neoprene & SBR 1980 - Neoprene & 1980 SBR i ; j Page 6 of 8 STYLE 91-Q PRODUCT Dry Plastic Packing 917 Pleated Lead Foil _ 918 926 927 928 930 931 1200 Lead Fill Packing Asbestos Cord Piastallic Packing Plastallic Packing Piastallic Packing Plastaliic Packing Plastaiiic Packing Power Reverse Gear Cyl . . 1700 2200 5008 5246 Locomotive Cob Look Packing Locomotive Air Pump Packing Gas Generator Door Packing Furnace Door Packing 5336 5861 7051 Braided Lead Foil Packing Teflon" Treated Asbestos Packing Asbestos Gasketing Wire insured 7085 8035 7130 Compressed Sheet / Gasket Compressed Sheet / Gasket Chlorine Valve Ring Packing 7228 7B15 Neoprene Compressed Asbestos Sheet Packing Chevron Packing 7954 Asbestos Tinning Machine Brushes ASBESTOS PERCENTAGE BINDER/ CESSATION OF TYPE ASBESTOS LUBRICANT MANUFACTURING YEAR Chrysotile Link. Neoprene & SBR 1980 Chrysotiie 8 . Vegetable Oil, Graphite & Lead Foil 1980 Chrysotile 28 Vegetable Oil & Graphite Lead Foil 1980 . Chrysotiie 28 Petrolatum 1980 Chrysotiie Unk. Vegetable Oil 1980 Chrysotile Unk. Vegetable Oil 1980 Chrysotile Unk. Vegetable Oil 1980 Chrysotiie Unk. SBR 1961 Chrysotile Unk. Molded Rubber & Graphite 1964 Chrysotile Unk. Graphite 1980 * Chrysotiie Unk. Natural Rubber 1979 Chrysotiie 42 Graphite 1980 . Chrysotiie Unk. Jacket of Braided Copper 1980 Chrysotile 14 Graphite 1972 Chrysotile 64 Teflon 1980 Chrysotile Unk. Chrysotiie Chrysotile Chrysotile 75-85 75-85 Unk. Chrysotile 8 Natural Rubber & Graphite SBR SBR SBR, Beeswax Graphite ' Neoprene 1991 2000 1974 1981 Still Manufacturing Chrysotile 40-50 Chrysotiie Unk. Natural Rubber None 1991 . 1975 Page 7 of 8 STYLE PRODUCT 8240 Neoprene Asbestos Gasketing 8380 Neoprene Asbestos Tinning Machine - 8525 Neoprene Asbestos Tinning Machine Brushes 5298 Asbestos Packing 5299 Asbestos Packing 5880 Asbestos Packing 5884 Asbestos Packing ASBESTOS TYPE Chrysotile PERCENTAGE / ASBESTOS link. Chrysptile Unk. BINDER/ CESSATION OF LUBRICANT MANUFACTURING YEAR Neoprene 1980 None 1970 Chrysotile Unk. None 1980 Crocidoiite Crocidoiite Crocidoiite Crocidoiite 60 50 60 50 Teflon Lube Teflon Lube Teflon Teflon Lube 1980 1980 1980 1980 . X!VUAHONEYVGartQck^ndior.Ben\Texa&Garlock Product List 2 Rewsed.wpd Page 8 of 8 11 1J 6 xhdostriai, meme Toamaxm of amehica, me. MvOO Fifth Avenue Pittsburgh 13, Pa. REPORT OF ERELIlOTftEr DOST XRVESHGATIOH FOB asbestos mma iksnuns JUKE, 1947 VjCil^. Hemeon Head Engineer Juno 18, 1947 Industrial Hygiene Foundation of America, Inc. Hy John F. McMahon Managing Director REPORT of FmJKrma msr survey far ' ASBESTOS TEXTILE INSTTTOIE June, 1947 ,v OBJECT OF XHFESTIQATXOE This project was a preliminary investigation of the asbestosis problem In textile plants of members of the Asbestos Textile Institute, with the issaediate object of defining the speolflo nature and the magni tude of the problem In all Its phases. Frcrn. such a definition, the char acter of a long-tens project could be outlined. An original objective of most Immediate importance vaa to facilitate the exchange of Infozmtlc&i between moiaber companies an. successful methods of dust control and other- vise to promote a general improvement in that field. * . StJHH ARY The facts upon vhich this report is based vere obtained an visits, during the past three months, to all plants of Institute members (except one, vho -wished the visit postponed to a later date). Cccnplste cooperation was extended at all plants. Dr. C. Richard Weimar, Medical Director of Industrial Hygiene Foundation, participated in visits to three plants and in developaent of the medical concepts of this report. .-v , * The problem is seen to be composed -of three aspects which are discussed In three sections of the report and sunamrlxed herewith, as msnmBim, medical, and physical testers.- a Preliminary Bust Survey for Asbestos Textile Institute June, 1947 2. ' Sn^toeerlng. -- Mechanical methods were seen in use in one or cere plants which effected practical dust control in all operations, bringing dust concentrations down to five million or lower with one or two exceptions. It is proposed to prepare formal detailed descriptions of these methods for gener al distribution to members of Asbestos Tbxfcile Institute. Medical Supervision of Workers. -- Only five plants have had any medical x-ray surveys of employees. In the others, therefore, there is a * serious lack of information as to the incidence of asbestosis. The lack is more serious, in a sense, because In most of these plants no ccanpensabla cases of asbestosia have occurred to drew attention of top management to the problem. While the medical survey conducted by one plant recently shows only about three per cent of the employees with asbestosis, two other plants appear to have about 20 per cent of their employees affected. .... Medical supervision of workers In this Industry Is of utmost im portance for the protect!an of both es$tloyee and enployer, not to mention other - considerations, Therefore, It is strongly recommended that each plant insti tute a program of medical and x-ray examinations of all exposed workers as early as practical. t ' Physical Testing (Bust Counts, etc.) -- The "maximum permissible dustiness" for asbestos is conanoaly taken to be five mi 111an particles per cubic foot. This represents good attainment in the dust control program. * It is em phasized, however, that dust elimination to this extent does not positively in sure -that no asbestosis will develop in some workers after a long working life N . - . (greater than 20-25 years). Scientific evidence Is obscure on this point. It is recommended, therefore, that studied be initiated aimed to develop another Preliminary Dust Survey for Asbestos IDextile Institute, June, 1947 ' m? yardstick, because it is suggested that vhen control below five million is attained, present dust count methods may not properly measure the remaining hazard. A detailed eunaaary of reccssmendations for a long-term investigation is given at the end of this report. Preliminary-Past Surrey Tar Asbestos Textile Institute, June, 19^7 4. I * EffOXHSFBIKG pbessmt status op spar comor. Practically; all plants visited have had one or mere dust count sur veys made of their qperaticna and these data were available far the present study. In addition, a few samples were tales hy the investigator in most plants. These records were studied and a tenge of concentrations Judged to he most representative selected for the mummy given In Table X. Vhere relative ly extreme values appear It Is an Indication of too few data to permit a closer estimate. Figures in the last column are selected to indicate the magnitude of readily attainable dust concentrations with dust control measures now in comoa use; or Judged to be moot typical of an operation where no special dust control measures axe alloyed, e.g., ring spinning, Discussion of Concentrations ' _ . The available dust count data fear operations in the preparation, room are highly variable and reflect the poorer accuracy In ssapllng inherent in operations that are intermittent and miscellaneous In character^ These figures are, therefore, considered much less reliable than those for other departments. The figures for carding room dustiness Indicate that with reasonably good enclosure and exhaust of the machines, concentrations' well below three . millcn are obtainable. Four of the plants visited exceed the five million limit materially. All the data for male spinners exposure Indicate a wide variation in dustiness, ranging from two to eight mllllotf, but the volume of data are not a Preliminary Dust Survey-tar Asbestos Textile Institute, June, 19^7. . H 8w "ISs- IP **. 9 Ofl O r- 0 H ' aP 1 0. H t* *-4 1f r- .St | tfv t91a an vO CO a O' l rv -a* in 1 r*4 Sa CU , 0 o 8 s9 11a 1 ars O *> an 031 IT H -4 |C m 1 w a t* jt t-- 1 r\ OO t- IT CO - H 0 < 01 1 If CU CU CU cu ft 03 .3 Of j* 8f> t a cu 8 a 1 - H eg CU 9-4 w ? t- r\ CO 1- a1a a a <-4 K> *s ars Of o\ Si Jt arv a 1 < 8 t cu a CU r-4 Of tr % t- eg t- r-4 0 8 1 VO 8 1 0 *f> H Hm <-4 1 W\ eg K> tf\ rs CS t1 11 a 1 H r*4 r-l` r*f r-4 H tM pr 8. cu VO CU 1 CU CU +-4 < CU 9 SP O ri O H 3 <* 9 9P< "p< 03 03 2 .9 *< a 9& A2 t OO l X - -p r4 0 w r-4 *-8 8S AH tO J* Preliminary Dust Surrey for Asbeetoa Textile Institute, Jiane, 1947. great enough to yield a good average, Concentrations fear ring spinning vary from one to fly alllion although there is no strong indication in the available data of aartod differences between this operation and rail spinning. There is a similar vide variation in data for twisting (two to eight Krill Ian), but there is some justification, in these data for the opinion widely held that this is coo of the dustier operations in the finishing end of the mill* Xt is believed that occasional high values In both ring spinning and twisting reflect In sene cases the sampling procedure. If the large Implngsr la main tained in one location end there Is a etrend breakage In that immediate vicinity, the resulting whipping dust vill be reflected in that single sample end would not, therefore, be repreeentatlve of the vorisr^s closure. Xustineas in weaving operations reflects the use of water for dust control In seme plants and exhaust aysteas in others. She lowest concentre- -- tlans of one to two million obtained In Plant A reflect highly efficient wet weaving methods there employed, Ccccentrationa less than four to five million are readily attainable by local exhaust methods as indicated by theresuits in several plants. ,t The data for spooling and winding operatlcme are Included for cou pletenasa, but reflect miscellaneous operations and conditions. The dust re ported is often due to the effect of ot$r machinery in the same menu "These considerations therefore affect the reliability of these data, os in the case of operations in the preparation room. a Preliminary Poet Surrey for Asbestos Textile Institute, June, 19^7. . 7, KUSTIRG IUST CONTROL HtACTICES The following discussion of dust control practices In the Industry Is merely an outline. To be useful to those who are responsible for the engineering In each plant, they will need to be set forth In the fora of detailed specifications describing details of constraction, specifications for sheet metal contractors, for purchase of fans of proper capacity and far design &rA operation dust collectors, Preparaticca. . Highly -variable practices prevail in different plants aM the mis cellaneous character of operations within a single plant makes it impractical to formulate sany general statements, However, it may be said that such con trol as Is realised results from the use of modem equipment that is veil en closed aywfr vhich usually incorporates pneumatic conveyors with celling con densers. The large movement of air involved in pn^mtic transport serves the useful additional purpose of preventing the escape of dust tram, the primary eqaipent. Discharge of stock from ceiling condensers into bins, stock boxes,- or feed hoppers is a dust usually not under control. The blending operation is another source which is often not satisfactorily controlled. With the ex- ceptlcm of these two ccoacn operations, most of the dust control procedures re quired will be more or less specific for each plant. Cardins As has been noted, reduction of dustiness In carding to concentra tions of three million or less is easily attained by good enclosure of the machine and carefully designed exhaust.' Moreover, experience of several 6 Preliminary Dust Surrey for Asbeatoa Textile Institute, June, 192*7. 5 8 companies proves that It does not interfere eerioualy vith manufacturing operations nor vith quality of roving produced. ' Our investigations Indicate the superior advantages of having side- valla of the enclosure of vood to facilitate snail clearance by rubbing con tact at the edge of the sain cylinder, thus avoiding excessive air infiltra tion at that point. Wood covers have the advantage of resistance to crushing, vhlch vas evident in installations vith sheet metal covers. Connection of the enclosure to the exhaust system by means of cham bers of ample dimensions, I.e., large cross-sectional area is of major Im portance to avoid localized high air velocities close to the vehblng in the main cylinder. This detail vaa not always observed. In viev of similar degrees of success, Judged by dust counts, be tween various installstime, the best criterion of superior design as to de tails of exhaust fraa the machine vaa in the relative econccy respecting volume of air exhausted per machine. Our observations indicated rather ex treme variations as indicated in the following table of exhaust rates per carding set in five representative plants s Plant Air Exhausted Per Set * A B E *G S 1500 cfm 2200 cfm 3800 cfm cite 2000 cfm It is apparent fraa this investigation that 2000-2500 cfm per set of breaker and finisher cards is ample exhaust capacity if the system is properly designed. * Preliminary Duet Surrey for Asbestos Textile Institute, June, 19^7 9 All fire of tile systems described In the table seme their, purpose satisfactorily frost the rievpoint of operation, but It does not mean that they mould be.equally satisfactory to others. Thus the plant vith high ex haust capacity (G) has a unique interplant tunnel connection, so that excess heat tram another plant supplies replacement air vithout added cost, feu* heat, or winter discomfort. . . Plant 1 controls dust by cookietely housing each pair of cards in a spacious toam, exhausted at a rate of 2000 cfa. Sidewalls are easily remov ed for repairs. Most plants would, not prefer this arrangeant. . As far as the dust count data can show, the card roan, of Plant B vith 2200 efto is equal if not superior to that of Plant 2 with 3800 efin, a recently Installed system. The fundamental features of best card dust control systems observed are as follows: 1. "Wood enclosure with hingeing arrangement. . 2. Liberal clearance between voricor rolls and curve of - cover permitting air passage at low velocity. 3; large chamber connection on cover, to duct. - * 4. Duct branch not over 5", preferably k*m 5; Ho blast gate dashers in branch line. 6, Exhaust influence over comb, either by extension of main cover or by separate hoods. 7, Exhaust space under machine, not over h" duct. 8, Enclosure and exhaust of feed hopper, not over 4H duct. TVo installations include an exhaust branch to prevent the escape of dust originating in the ^ace between the ling doffers and tee main cylinder. a Preliminary Dust Surrey tar Asbestos Sfextile Institute, Juno, 1947 . ' 10 Spinning ... . One plant has Installed ventilation for their ring spinning frames vhich management believes has reduced dust in this operation. It consists In a series of exhaust openings under the frame, near the floor, running * the length of each frame, Tine did not permit demonstrating to our own satisfaction vhether a measurable Improvement had been effected or not. Shis should be done by a aeries of dust measurements with exhaust on and off. 'Dae volume of air exhaust is insufficient to effect a true local ex- haust action, and if it is effective it must, therefore, be an effect of dilution. Twisting ` . Interest in control of dust from, twisters is widespread In -the In dustry etrA Plants A and B have installed an exhaust system like the ana de scribed for the spinning frames in Plant A. Here again the operators believe a mr3d improvement has resulted. Dust count data is needed that will measure the degree of inproveasnt. Cop winders have been exhausted in Kents A and B with reports of beneficial reduction in dustiness, Ve do not have quantitative data on this point.. The exhaust arrangement for Poster winders was developed many years ago and is well known. Hie tendency to elimination of this machine makes ' the problem one of little practical interest now. ^ In moat plants, dust from other equipment, such as spinning and twisting which arc commonly - in the seme'roam, is of greater importance than that from winding operations. Preliminary Dust Survey for Asbestos Textila Institute, June, 19Vf ,` II, Weaving One plant has a superior method of suppressing dust in weaving by vet uttthods and dust count records indicate a complete suppression of dust. It involves a water spray head mounted above the varp at the rear of the harness vith a mechanical screw arrangement for constant movement of the spray head transversely to the varp. They believe it to be mare effective than the system common in several plants -wherein the varp is passed over vetted rolls. It is apparently not practical to recommend 100 per cent vet weaving . throughout the industry. Moreover,' ve are satisfied that it is practical to control dust in. this operation by local exhaust, where dry weaving is consider ed ixporatfvefar special properties of the cloth. One of the best -exhaust arrangements includes an exhaust opening directly under the varp at the rear of the harness frame vith a slot exhaust opening carried by the ley beam, the latter connected to the stationary part of the exhaust system, either by flexible hose arrangement or by an all metal swivel Joint. Duct Work . The actual arrangement of duct work and exhaust fan present no un usual problems where good practice In sheet metal fabrication is followed. Two points are of sufficient importance to require emphasis. Special care should be exercised in the fabrication to avoid sharp proJecttans on the inside that create' points of lodgement for fibers. Secondly, it must be designed'.to pro vide adequate transporting velocities. Velocities below 2000 fj*a, .in the experience of the Industry, may permit settlement of material end gradual clogging, Therefore, allowing a margin of safety, the design should.provide for velocities of $000 fpm. a Preliinimxy Dust Survey for Asbestos Textile Institute, June, 1947 . ' 12, ' Hie problem of dlstributiaa of planned air flows to. the different bienchea of the system is of importance in. the design of all dust exhaust systems. The use of dampers in branches to adjust air flows is avoided in the best systems. - Iheir function in effecting balance between blanches Is best attained In the original design Design procedures to. effect this ob Jective are available but will not be elaborated at this point. Dust Collectors . - live plants in the survey outlay the well-known burlap dust house for filtering air from various exhaust systems. The favored filtering area is determined cm the basis* of oca square foot for each air flow of 2 cfn. Host arrangeirants are such as to permit cleaning by whipping with a bamboo pole or a buggy whip by men who remln cm the clean air side of the filter cloth. In one system, the men are required to enter the dust side for clean ing purposes, and final cleaning is carried out crnce weekly with the use of a central station vacuum cleaner. Practices in different plants are variable as to frequency with which the burlap filter is freed of its dust load by whipping. Vhlle these dust collectors work well, ve are not prepared to recoct- mend them to the exclusion of ease commercial types of filters having automatic shakers*, Several engineering elements enter into the design of a dust collect or system, involving principally a proper estimate of pressure drop in all ele ments of the system and especially that through the filter proper (back pressu&X If the pressure drop estimate in the filter is incorrect, the system will not v. operate properly. If the basic resistance of the filter, l.e., that iiaaediate- ly after shaking the cloth, is subject to a constant increase over a period 4 ftrelinilnary Duat Survey for Asbestos Textile Institute, June, 19^7 , 13, of weeks, the system operation will suffer. Apparently, soma of the.older camserciel fist hag type of collectors did exhibit that difficulty. Modifi cations in the design of such units have, however, been incorporated in more recent models and those difficulties may have been eliminated. Two plants erploy ccoanercial collectors of the flat bag or. envelope type. Another plant uses a cloth tube commercial collector and also one whose filtering element Is of paper, which is replaced at intervals of several weeks. A study of operating details of these ccamaercial collectors Is indicated in this study, including considerations of original cost and operating cost. Becirculatjoa - Several plants return air from the dust collectors to the workroom to conserve heat In the cold weather. Ve are not prepared at this point either t to condone or to condemn this practice except in cases where there is obvious ly leakage of dust through the filter and consequent recantaminatioa cf the air inside the plant. The practice ie generally frowned upon where dusts that are hazardous to health are being handled. Ve beHeve there are certain circumstances where the practice might be permissible provided adequate safe guards are incorporated in operating procedures. She large voluass-of air involved In dust control represent a tremendous problem as to beat lose and boiler capacity which cannot be passed over lightly. Preliminary Dust Surrey fear Asbestos Textile Institute,- June, 1947 ' ' Ik U MEDICAL _ phesskt medical facilities m> practices > Every plant has connections with a local specialist In radiologr vho Is es^lcyed for diagnostic work on an '.Irregular basis. Eire have their own x-ray machines used by t&s local specialist, but only ana has a wellestablished schedule of periodic radical examinations. Half of the plants have no positive infommtian as to the Incidence of asbestosis among their workers. Eie eltuatioa is these respects is in dicated in Table II. * tables Ho pkbstot mcTicsa ahd maims ab to mhuical x-rax mmmzLoss is various harts Plant A B' C D E T a H I 3 Recent X-ray1 Survey Hade fee Ho Tea Tea Ho Ho Ho Tea Ho Tea Periodic X-ray thpWTfrfnutj ma Made Ho Ho -Ho * Ho Ho Ho Ho Tea Ho Ho- lave Own X-ray Machine Tea ' Ho Ho ' Ho Ho Ho Ho Tes Ho Tes ` ^Within last few years. and results available to plant or its physician Preliminary Dust Surrey for Asbestos textile Institute June, I9*f7 , .' 15 ESIimm) DBCIEEHCE OF ASB5ST0SXS - The incidence of aabeetosis among eugiloyees of those plants vharo eogilcyeea vero examined In recent years, shove & marked variation as Indicat ed by the following 2 . * Plant A has recorded cases diagnosed as aabestosis to the extent of about SO per,cent, end in the past nine years has compensated, an the average, two cases per annua. Total textile employment about ^00. ' Plant C on the. basis of a recent systematic survey, estimates asbestosls incidence to be about three to four per cent. . ' Hast D has remilts from an incanplete survey in which four cases vero found among those volunteering for examination vith a total textile em ployment of around 150, Obey have conpensated one case in about 10 years. Three more are pending. Plant S vith a textile eag&oyneat of 300 finds five or six cases annually that the physician.believes ahov early changes due to asbestos. - Plant J has counted potential cases of asbestosls amounting in number to about SO per cent, ccogiarable vith Plant A. The other plants have conducted no systematic x-ray surveys of their own and have no information as to incidence among their esglcyees. Kane of these has had cases requiring compensation. -N. . . Vhile ve have no complete data an history of employment and labor turnover in the several plants, it is apparent that there is, at least super ficially, a narked inconsistency in this picture. Also, it is clear that Preliminary Dust Survey for Asbestos Textile Institute, June, 19^7 16, a serious lack of information prevails generally on this aspect of the problem* L . 2he story in Korth Carolina is -worth special mention. This state instituted. 10 years ago, a system of periodic medical examinations for all voriasrs in dusty industries and, hence, all asbestos textile vortosrs have been x-rayed and clinically examined for a longer period, on a periodic basis, than any' other asbestos textile plant in tills group. If the state examination finds that verifiers should discontinue their employment because of rapidly developing asbestosis they have' the authority to effect this change. They also see to It that verifiers vho should receive vorbnon's cce^ensatiCQ due to dis abling asbestosls axe processed. So ffcr as v have bean able to ascertain neither event has occurred to any es$loyee of the two Barth Carolina asbestos plants in this group. These observations suggest that there may veil be a marked divergence in medical procedures, interpretations;, and attitudes respecting the diagnosis of asbestosls. ' There is a very urgent need for a concerted cooperative medical, effort to develop improved diagnostic procedures and uniformity of interpre tation. 6 Preliminary Dust Surrey for. Asbestos Textile Institute, June, 1947 ' , . 17. IMPORTANCE OF SSHIODIC MEDICAL SXAMEKM!XQK3 _ One of the most important elements of a program of protecting health of workers in dusty oeetpaticina is the periodic medical examination. Oia lack of scientific information regarding all aspects of aabastosis is serious This cannot he over-emphasized. She obvious procedure to help overcome this deficiency is to employ every tool new available that will throw more light on the facta. The importance of the periodic medical x-ray exardnaticn can per haps best be emphasized by stating that dust count investigations cannot, in the present state of knowledge, give 12a assurance as to the extent of our suc cess in eliminating the hazard. Regular examinations serve to protect the worker by giving early in dication of health Ixpalrment due to dust, and permit intelligent action to be taken to avoid further serious health deterioration. Eiis is particularly true if the detection is early enough end there is no progression to late stags aabestosls. Mare important, for the long term, the accumulation of factual in formation. regarding the health status of expoeed workers, statistically inter preted In relation to dustiness studies and to mechanical developments In dust control equipment, will eventually indicate when the battle of aabestosls con trol is being von. This aspect of the problem is elaborated in the following section. 2he inventory provided by such a medical program is Just as important to intelligent action in this problem, aa material, inventories are to the proper conduct of business. - : Preliminary 2>uat Survey for Asbestos Tsxtile Institute, June, 19^7 18 The question. as to vfcether & plant should purchase its own x-ray equipment Is on economic one Involving consideration of cost of local outside nodical and X-ray facilities and of lose of employee tine in travel, etc. Diagnostic Panel To further the objective of improvement and uniformity in diagnostic procedures, a nodical section of the program is proposed in the form of a MEDIGAD ASBESTOSES BASEL to be composed of outstanding nodical sen in this field, and of the physician designated by each company as the one responsible for Its nodical and diagnostic vork. She composition, as to outside nodical personnel, of this panel vould be determined by its objectives: the assembling of the best possible medical brains and the mutual education in diagnostic procedures that cones from exchanges of scientific experiences oration. The panel vould meet, perhaps semi-annually, and consider the slg- nificance of x-ray films and other clinical data brought to the group by each participating physician. Dr. C. Bichard Vainer's services vould be available for the organization and other details, . Preliminary Eust Survey for Asbestos Textile Institute Juno, 19A7 ' 19 STATISTICAL gTODlSS OF MEDICAL PEC0RD3 ^ There are two very important questions concerning the physiological nature of asbestos that have not yet been answered by any published Investi gation: ' 1, - What is the expectation of asbestoale in vprtors exposed core than 15-20 years to low concentrations of asbestos dusit Among the 500-odd workers who composed the subjects in the U.8. B&lie Health Service study, . ` there were abnormally few who had been exposed for more than 15 years and^ practically none over 20 years. Obese facta seriously affected the conclu sions that could be drawn. . 2. Is there a progression to advanced asbestosis after exposure i* an individual has been discontinued or has been reduced to very lew levels, due to action of dust deposits from earlier eaposure? This question is cf very great Importance to intelligent medical supervision of workers in these plants. It is virtually certain that statistical investigations of existing records would throw valuable light on these questions. Hone of the plants visited during this inquiry have sufficiently extensive and systematic records to provide satisfactory answers to these questions, but the medical department of Metropolitan Life Insurance Company, under $r. A. J,, Lanza, have x-rays of & number of men obtained in the early 1930?s which could provide the nucleus of some useful information, depending N' on how iffirry of the original group are available for re-x-ray. ct Preliminary Dust Survey -for Asbestos Textile Institute, June, 19^7 < 20. She most outstanding store of infoimtiaa.ia in the records of , the Divialcai of Industrial hygiene of the North Carolina Department of Health vho, in accordance vith state lav have x-rayed workers in this, and other dusty industries, almost annually for the past 10 years. A study of these records would undoubtedly cast such light an the quest!cn of progression, through officials of the ccngwny cambers in North Carolina, -ire already have assurances of their full cooperation in any investigations, and although ve have not discussed the natter vith them directly as to details, there Is every reason to suppose that the desired infozmtlan vould he made available to us for the purposes described. In additlm, a general x-ray end medical survey of varkera in cbm or two plants vith a long history of high order of dust control would be of great value for this purpose. V. Preliminary Dost Surrey for Asbestos Textile Institute June, ig4? '' 21 III - PHYSICAL gicaroicAflCE gf rosT counts Correlation between development of asbestosls and. sene pertinent maeure of dustiness, e.g*, duet counts, can be developed by periodically ob serving and recording data on both aspects -- periodic radical exnrrfnations of exposed vorters together with the periodically measured dust exposure of each. However, to be useful for preventive purposes, theseprocedures have to be exfc&ded into the peat wherever data Is available This was the proced ure employed In the studies of-the TJ.S.Public Health Service in North Carolina plants (Public Health Bulletin No* 241, .1930) ' The min value of dust counts In asbestos plants Is to obtain data on dust concentrations, that can be coopered with that study, and thus lead to conclusions as to probability of development of ashestoeis In the particular plant being studied. . . Try that study, dustiness of different occupations was measured la the usual manner, and also the Incidence of asbestosls by medical and x-ray ' examinations of the men employed. A statistical comparison of the two sets of data led the Investigators to the conclusion that new cases of asbestosls vould probably not occur if dust control measures were undertataibo ensure ttet no dust exposures exceeded five million particles per cubic foot (measured In the same manner). Preliminary Dust Surrey far Asbestos Textile Institute, June, 19^7 ' 29, APPRAISAL OF PESOCEP 3D3T HAZARD Earing reached, a degree of dust control represented by the duai count Unit of fire million. It la than proper to ask: *Vhat degree cf assurance la afforded by existing knovledgo that aabeatoala vlll not,. In fact, develop In the future If dustiness la kept belew that level?*1 If there are factors, at present unknown, that will Indicate a need for still better dust control,what vlll -that Holt be? . The Informtloa arellable does not pexv&t cocklete assurance that five mlUlon la thoroughly safe nor has Informtloa been developed permitting a better, estimate of safe dustiness. It la nevertheless of the greatest In&arto&ce either that such assurances be sougit or a nev yardstick of accomplishment be found for ac curately measuring any remaining hazard in the dust robe belcw fire million for the elimination of future ashestoeIs depends upon the degree of control ^effected new. ,, Measurement of DuatinCsa One basis of uncertainty as to applying present conventional dust counting techniques to the measurement of asbestos dust hazards below the . fire million level Is summarized in the question -- are the fibers of asbestos the causative agent or the nan-fibrous "cubical* particles that look Xiks those of other Industrial dusts? The nan-fibrous particles in most textile operations comprise 80-95 per cent of the total dust seen in dust counting. "While It is proven that asbestos dust la the cause of aabeetosia, there is no certain Informtlon as to what shape or size of dust la the causative factor, lba correlation studies of the U.S.Public Health Service 6 Preliminary Dust Surrey for Asbestos Textile Institute, June, 19^7 ' * 1 23. employed cccrrentianal duet count techniques vhich, In effect, related Incidence of asbestoals to the number of naa-fitrcus particles of a stxe ranging front one to five or 10 microns. For Illustration, suppose the causative dust element la something different, e.g., fibers that are less than 50-60 microns long, and less than 1-2 microns in diameter. The conventional dost count method vould be satis factory only* If there vero a fairly constant ratio bellmen the two types of dust; it vould. In that case, provide en adequate. Index. Preliminary Studies op. Qualities of Asbestos Dust . ` Vlth a view to eventual development of supplementary methods for measuring asbestos dost cancentmtlcms cn a velgfct basis, ve have conducted seme preliminary studies directed to the colorimetric determination of total silica in the minute quantities of asbestos dust obtained In & typical atmos pheric sample. Thin requires development since It could provide a valuable tool for further lavestldptlon. ' Bub-microscopic -particles end fibers. Another aspect of the dust eaamlnatlcn problem cn vhich preliminary york has been done Involved studies vith the electron microscope. V posed the two following questions: 1. Ordinary dust particles, one to three microns In diameter, cam- prise most of the particles In the dust count. Shey look like ordinary In dustrial dust and ve refer to them as "cubical" as distinguished from "fibrous" particles. Ifce question Is: are these particles In fact nan-fibrous or are they hurdles of fibers! .. .. Preliminary Dust Survey for Asbestos Textile Institute, June, 19^7. -- ' 2k 2. Secondly -- since, the Halt of resolution of the microscope lenses used in dust counting does not permit seeing particles very much smaller than one micrco, one may ask if there are many filers of great length, hut of such s7tb.11 vldth that they are Invisible* Samples of atzaospherie dust were obtained for examination by the electron microscope, by mounting the small specimen elide need with this Instrument, In the dust collecting seme of the electric precipitator. In order to eliminate very large fibers, the air being sailed was caused to pdas first throu^i a glass spiral coated with adhesive on its interior. This subjected the dust particles to centrifugal force and the largest ones would be pre cipitated out, much as they might be in the nasal passages of men. - Studies with other Industrial dusts employing this spiral indicate that very rarely do cubical particles larger than three to five microns suc ceed in passing through the several turns of the spiral. In samples obtalnedwlth this apparatus In a carl room having a good dust control, we obtained pictures, sane of which are reproduced In the attached Ilgure. Ihey demonstrate first, that the cubical particles seen by a low power light-microscope are In fact bundles of fiber resembling a life- size handful of partially opened fibers. Ohe picture further demonstrated that there are many fibers of con siderable length, soma fully 50 micrcos, whose other dimension is only a fraction of a micron; the fiber Is therefore invisible in the dust counting microscope. N / % a * t' i THIS CIRCLE 1 MICRON DIAMETER Preliminary Dust Surrey for Asbestos Textile Institute, June, I9V7 25. - ' Shay also showed some fibers a fev microns in length whose diameter la only 0*01-0,02 microtia, although the canaaanest particles are bundlee of fibers about 0.1 micron in width. In addition to the light these observaricns threw on the sub microscope character of asbestos dust, they are cited to indicate the other Qualities that might be pertinent to evaluation of dust exposure, to supple ment the dust count technique now in use* , 6 * Preliminary Dust Surrey for Asbestos Textile Institute June, 1947 . nmmtr susnsEss of stock . In investigations of the type `being presently considered, a primary aim must be to develop improvements in dust control with tbs minimum of waste motion and expensive experimentation on a plant scale. At the stage of development of the industry, causes of duet are very often not obvious. An examination of dust count records made available to ns, combined with the few tests -we performed cnraelves, provide numerous Instances of variation, tha cause of which Is not apparent. We undertook recently to measure the emewnt of dust in the roving of different manufacturers by suspending a measured quantHy of roving in alcohol, then a dust count In tha same manner as wiifc, air sasples. The result would be expressed in minions of particles per yard of roving or per gram, etc. aid. would be of great advantage in relating differences in dustiness to the causative factor. Such a measurement technique would be essential in apprais ing the actual value of oil. ' We do not have sufficient data on this effort on which to draw con clusions. Share are difficulties to be overcome, and the solution depends on more laboratory experimentation. Another test method which would be of value is a standardised mech anical abuse of roving in a small vessel while sucking a stream of air with resulting dnst as in the sampling for ordinary dust counts* A teat of this kind, in conjunct!on with tha dustiness index would be of value in evaluating tha oiling practice, or it might take the place entirely of the procedure previously outlined. ' .. Preliminary Dust Survey for Asbestos textile Institute, June, 1947 OtnLIKB.QF EECCHHESOED FB0CE3XTO3 FOB A3HS3T03I3 INVESTIGATIONS ' A. Diaseinlnatloa of Existing Inform.tion. Provide factual information to Institute members with least possible delay; prepare bulletins vith deal#* stetches on some or all of the several subjects listed below, to be distributed singly as ready. Additional field observations required In many cases. 1. Carding dust control; for various nates of machines 2. Dust in nrenaraticc. miscellaneous operations 3. Vet veaving equipment 4. Exhaust for Dry weaving 5. Exhaust for vindars. etc. 6. Design of duct varte * 7. Design of duet bouse - B. Development of Key Techniques for Dust Control In this category, the problems for which there are no present answers: llte twisting, spinning, appraisal of operation, efficiency and cost of ccaansroial dust collectors, etc* Freliminajy Dust Survey for Asbestos Textile Institute June, 19^7 IX MES31CAL -f A, Institution of Periodic Medical rmn This is urgently recommended to ell companies. Medical advice as to organisations procedures viil be given by the Foundation upon request, . - B. Organisation of a Diagnostic Banal for Asbestosls Arranged by the Foundation's Medical Director and organized to moot in Pittsburgh at suitable intervals for scientific review of diagnostic problems, reading of x-ray films, etc. Panel to consist of Individual congauy physician or medical consultants together with other medical authorities to be determined, C. Statistical Study of Existing Medical Becords Designed to find answers to iaqwtant questions concerning medical and physical nature of asbestosls; especially concerned vith records of State of North Carolina, Metropolitan Life Insurance Canpany, etc. - HI. rmsICAL nsrmo -- (Further Dust Studies) .. Studies of physical and chemical characteristics of asbestos dust designed, in conjunction with medical studies, to provide more significant information concerning the nature of the dust exposure; to develop supplementary techniques for measuring remaining asbestosls hazard after reduction of dust to meet, the present standard; to Insure that effective control of dust has been attained. Ibis is a step by step program aimed at the elimination of asbestosls cases from the plants of Asbestos Textile Institute members. , 2211 Trousrmi Hiarm totodatiow or mxBiOA, nc. hhGQ 7ifth kY*rm* ' MenorAndna cm Hast of Pittsburgh 13, ?a. July 11, The Garloek ?*king Cocp&ay Suppl scenting flie 9wtil -KraaiA Freltalnary D*et Invostigatloa-for Asbestos Textile Institute Of June, 1W This plant is designated * 0 in the general report end on appraisal of its dustiness Is stmarised in that eolnnn of Table 1, page 5* a The difference between these values and those of other goedplents are, on the whole. not slgaiflbaat and ve rate this plant as average "good," However, this does net aeaa that dust control is entirely satisfactory In all respects as Indianted la the general report* there is an Insufficient aaaber of dust counts In the coapanjr files to constitute an adequate record of dustiness* Hemal variations require a xsafeor of oounts at Our ova single dust counts taken at the tine of the visit are given below. 3 5 General air, along rev of loenas nest 3*3. windows open along the working aisles * * 5 General air in aielee of eplnaiag frames 1,7 Octroi ?ra*ttl* Sardlag duet control It diecuseed on pa*es 7 *nd 0 of ib* rener&V report. Reference l* ad* to the sxhauet systea in this -.lant vhich seoowollshes ns good dost oontrol at alaest all the other "s^ocd" plsnts but *;t exhaust re tee that viral* not be pr*etiol for other northern pi nut*. The dust collector* in nee rt thi p1*nt err o? oon*lder*-b1* internet beeaa** they inoluds tvo tyse* not in nee in any other plant (llr Mat an* rarsons) because coanouly thought to be Impractical. Teet data on these unit wo-il* therefore be valuable. Engineering etndiee planned for the long tern investigation of particular interest to thii plant !nd outlined In the general report **rei duet control in ^reparation* tvisting sad ve#*ving. and efficiency of duet collectors. In the nodical eeetlon of the general report reference is unde to the several cctipaniee vhe hv so inferaatioa as to the incidence of noiential aebeetosie la their plant. This cottpany It one of those -tt therefore viah to underscore here the reeesaendatlons concerning periodic v-ray examinations discussed particularly on pa** lb to 18. V#0L. Eaaeon 1 ( There are Some Things You Should ICnow... Every person employed at GARLOCK where asbestos fiber is used should know that breathing excessive amounts of asbestos causes certain health problems. GARLOCK has taken many steps to protect you from exposure to harmful amounts of asbestos fiber. To make K these steps effective, you must follow [j safe working rules on the job. The health problems ................... . The health problems that have been connected with exposure to asbestos are these: . Breathing excessive amounts of fiber in the air might result in a disease caeSed asbestosis -- a scarring of the lung tissue, which when severe makes it difficult to breath properly. Persons who smoke cigarettes and inhale excessive amounts of asbestos dust are at a greater risk of developing lung cancer. Asbestos alone does not appear to cause this disease, but it can make people who smoke cigarettes more likely to develop this cancer. Studies show that if you don't smoke cigarettes, asbestos exposure does not increase your risk of getting lung cancer. Persons exposed to excessive amounts of asbestos have a greater risk of developing Mesothelioma which is a rare cancer of the lining of the chest or abdomen. There also is some indication from uncon firmed studies that "there might be a greater incidence of cancer of the digestive tract in persons exposed to excessive amounts of ' airborne asbestos. The health problems w You Will be required to do certain things on the job to help us protect you. Some of these are: C ' You must do everything you can to prevent 1 dust or getting asbestos fiber into the air where it could be inhaled. In some areas you may at times be required to wear a respirator temporarily or other forms of personal protective equipment. You must wear this equipment properly when ever it is necessary. / ( rUn You will be requested not to smoke on the job if you might be exposed to asbestos. You will be urged for your health's sake to quit I smoking completely. I You will not be permitted to take any 4f i. asbestos material home from the plant in f order to prevent exposing others. You will use facilities provided to change work clothes, and wash before going home. II1 If equipment is not working correctly, you must report it to your supervisor immediate ly. j i Be concerned -- not alarmed. Present cases of health problems we mentioned are related to working conditions that existed many years ago. As we became aware of risks, we began spending considerable sums of money to upgrade dust control systems to prevent excessive asbestos exposures. We are confident that as long as employees follow safe work rules and equipment is operated properly, no employee will be exposed to hazardous amounts of asbestos fiber in our operations. To assure continued control of risk, the company will regularly check asbestos-using operations with trained personnel. You must cooperate with these trained employees when they check your work areas. Government inspections may be made of our facilities to make sure you are not being exposed to hazardous levels of asbestos. The government has set standards that limit how much asbestos you can be exposed to. We have taken steps to abide fully with those regulations. Be concerned, not alarmed VIOLATION OF HEALTH WORK RULES CAN RESULT IN DISMISSAL. ? / * ' ( After you begin work, you. will be given an opportunity to learn more about the potential health risks of asbestos and wha: the company is doing to protect you on the job. You will be taught how to use personal protective equipment and other methods of protecting yourself. Because of the efforts of GARLOCK and your own efforts, it is likely that you will be as safe working for GARLOCK as in any other occupation or endeavor. That is the way we want it. We will not take chances with your health and we won't allow you to take chances with it. Violation of health work rules can result in dismissal. Mter you Ibegm work' V Do you understand the health risks connected with asbestos? .Yes -No Do you understand that smoking cigarettes increases the health risks connected with asbestos? ___________ Yes --________ No Do you understand that you wU have to follow certain work rules set by the company to protect you' ___________YeS _________ No Please sign your name and put today's date below. Signed Dale lrI -;; i i REFER TO THIS BOOKLET OFTEN we can be sure you have read this booklet and know about the potential risks connected with your job and the strict rules you must follow, we would like you to fill out the form at the right and return it to us. The form must be forwarded to your supervisor before your first pay penod ends.  *. Berkeley Occupational Medicine'Associates Thonm H. Mftby, M.D., MPH Dtpiomm AmricM leairf rihiHMw | (i iitimt ai Ooaiyttioral j titoi April 10, 1980 haaict Wmrd K> ocaiptikmal toriiam, imal triciw, gfiMnriimiu|'y, Utcsiof7 received JUS 5 *80 LAW DEPARTMENT" OARLOCK INC* Donald WWon, M.D., MPH Dipknuu Ammon lui-rf nrftir----1 Mnlrriar EKekmttr Ammon laptf o/hmndn Mnkwii % .Oceupmesul MnlidMK M.P. Dailey Attorney at Law 2102 Almaden Rd. San Jose, CA 95125 RE: Martin D. Honore Dear Mr.. Dailey: B B & ft -u 33 to OTHER cr* Ft l( -B The following is the report of my special medical examination of Mr. Martin Honore, done in my 751nee on March 13, 198(lTat your request. The report has been dela'yed" until receipt of Kaiser medical records for my review. CURRENT PROBLEM Mr. Honore, a 42 year old retired disabled fire fighter, was referred for evaluation of his pulmonary status. Approximately three months ago he had an episode of upper left chest pain without radiation. The pain was stab bing in nature when he took a deep breath. He was told that he had pleurisy. His chest x-rays, however, showed some type of spot on the right side> of his lung. The physicians at Kaiser became more concerned with this than the pleurisy, .which has abated. He has had a variety of pulmonary eva luations, including multiple chest .x-rays, tomograms, pul monary function studies, and many blood tests. Apparently he had an abnormal chest x-ray two years ago but there was no follow-up. He is currently being evaluated at Kaiser Santa Clara. He had an appointment on Monday {3-17-80} for possible biopsy. His physician at Kaiser is Dr. Zwaamstra. WORK HISTORY At age 18 he worked for Triple AAA Shipyard. It was his first job out of high school. He was a sheet-metal worker helper. His worked ip^plved cutting through asbestos insulation and crawling through heating and air conditioning ducts. The ship was being repaired and refurbished. The cutting of the asbestos was done with a knife. Remarking on the quantity of dust, he said he would, "go to work one color and return home another color." - . ^ ^ ([uiTlItnr A VT Ciutt ili ftt.rti *v r i irn.wu QA*7AJI Ml Cl tin tOOl EXHIBlIfpl r / 'V " < M.P. Dailey KE: Martin D., Honore April 10,..1980 page 2.. \ From January 1956, to November 1958, he was in the U.S. Army. He was Ih intelligence serviced ' - * la 1959 he worked for Oarlock1 Packing Company making gaskets. One day a week (4-B hours per day) he made asbestos gaskets. The the asbestos came in rolls and Hr. Honore would take it off and roll it over and form the gas ket. There "was no cutting or grinding? however, he did punch holes in the gasket after it was formed. He had to stretch the asbestos'* to make it reach the proper size. There was asbestos dust whenever he would unroll the roll of asbestos. ~ - In 1960 for six or seven months he worked on Beth lehem Shipyards ih San Francisco, primarily as a welder. He knows of no asbestos exposure. Be describes multiple episodes of metal fume fever, secondary to welding galvan ized steel. For the next six months he did construction work. He was primarily a hod carrier and worked on patios, sidewalks, etc. . In January JJL61 he vent to work as a firefighter for Santa Clara, tfFTere he worked until he retired in 1975. He IdsL wuiTCed in March hut officially retired in October`1975. The retirement was caused by back and knee injuries. He was a captain in the fire department for the last five years prior to'retirement. Since retirement he has worked occasionally doing construction. However, he recently injured his elbow and knee and now he has two bad knees. \ PAST MEDICAL HISTORY He had pleurisy at age 12. Be does not remember which side. He had a pylonidal cyst removed in 1972. He currently takes Clinoral for knee swelling. He. has smoked cigarettes for the past 30 years, approximately a pack and a half per day. PHYSICAL EXAMIHATIOH General: Kell-developed, well-nourished adult white male who appears to be in no dis tress. Walks with bilateral limp. Chest: Good chest expansion, no.dullness to per cussion, clear breath sounds, no rales. 1 M.P. Dailey - RE: Martin D. Honor April 10, 1980 ' page 3 .- Heart: Regular heart size. Ho cardiomegaly. Regular rhythm. Ho gallop or murmur. Extremities: -- Ho evidence of clubbing of fingernails, no cyanosis, no pretibial edema. REVIEW OF MEDICAL RECORDS ' The medical report of Dr. James B. Ludwig dated November 25, 1975, was reviewed; This concerns back and knee problems. A physical examination and medical history done by Santa Clara County in February 1970 shows that Mr. Honore has had hay fever and sinus problems ever since moving to Santa Clara County in 1960. An examination of June 6, 1972, shows rhonchi as well as . a pylonidal cyst needing repair. An electrocardiogram was borderline normal with left axis deviation and nonspecific ST changes. . The medical report of Dr. Arthur Holmboe relates to lumbosacrael problems. There is a DFRWI report of indus trial injury dated 4/6/74 involving an injury to the right eye. A DFRWI q 6/21/74 was laceration of the right index finger, and another on 3/29/75 was back pain. A medical report-of Dr. Phillip Pippe, dated August 20, 1975, was for a neurosurgical consultation for a back problem and persistent low back pain. Dr. Pippe believed that whatever disability was present was purely subjective as he could not demonstrate any objective evidence of a significant problem. The medical records from Ferm^nente Medical Center, Santa Clara, were reviewed. He was admitted on 8/15/72 and discharged on 8/22/72 for a pilonidal sinus and cyst. - In January fi, 1977 he was seen in a medical clinic. Comparison of a chest x-ray taken December 1976 and one taken in January 1977 showed no real changes. There was a quite sharply demarkated area'in the right middle lobe which appears to be sparring. , He was seen at the Medical Clinic on February 22, I960 by Dr. Zwaanstra for an evaluation of the abnormal x-ray. He had pleursy at age 12. Chest x-rays showed scarring and distortion of the right middle lobe area. The pleura appeared thick, but this appearance could have been fluid. Dr. Zwaanstra's impressions were pleural scar. M.p. Dailey * RE: Martin P. Honore April 10, 1980 page 4 pleural fluid, or pleural tumor. He was seen in surgical clinic on March 17, 1980 by-Dr* Porter* -The plan was to biopsy the abnormal area. However, Mr. Honore did not want this procedure until after returning from a long planned vacation in late April 1SB0. Chest x-rays of February 22, 1980 show several linear densities of the right lung fields associated with a tubelike six centimeter ellipsoidal density which may be within the right middle lobe, but also may be in the fissure behind the right middle lobe. These densities were not pre sent in the patients' earlier chest films. On 12/20/76 there was some pleural reaction along the right anterior lung. The same findings were present in January and February of 1977. Lateral tomograms shoved the density is either in the middle fissure behind the right middle lobe or might be within the right middle lobe itself. Ho shifting pleural fusion could be identified. No mediastinal or hilar adeno pathy was present. The left lung was clear. The overall impression was,. "The densities appear to be pleural in nature, their slow progression since 1977 suggests that the patient may have a pleural----- -------------------------------------- such as a mesothelioma. A benign pleural plague seemed unlikely a ------------------------------------ of extensive nature." {The blanks indi cate words which were obliterated in the copying process}. DISCUSSION Mr. Honore, a 42 year old retired firefighter, has been disabled due to musculoskeletal' disorders. However, over the course of the last three and a quarter years he has had a yet undiagnosed abnormality noted on a chest x-ray. This abnormality appears to be increasing in size. He is asymptomatic from this condition. Mr. Honore's initial job after high school required him to work with and around asbestos at the Triple AAA Ship yard in San Francisco, in 19 59 he worked for Garlock-Facking Company making gaskets^ some of which were asbestos. Subsequent to that latter job, he was a firefighter until his disability retirement. Mr. Honore is currently being evaluated for this pulmonary abnormality. A biopsy procedure is planned for later this month. Rather than speculate on the findings, it would be more prudent to wait until a diagnosis has been established before making a final report. It-is certainly reasonable to, assume that this pulmonary abnormality could be associated with his previous asbestos exposure. H.P. Dailey RE; Martin D. Honore April 10,\ 19 60 page 5 . . I will be happy to write an addendum to this report once his medical evaluation is completed. Please send me the relevant records at the appropriate tii|e ' * If .you have any questions, please contact me for clarification. Sincerely yours. Donald Hhorton, M.D. DW/bp  ec tt* HI SE H < -rs -ca = "e3 Jc Jl d -- 2. ^ gi5 = 5* 2 & & c u tt c .E ="-Iitir; g =. Vrt E J-9 sZc e. = uW3i"JUas'S5^y> V) E-Jj- ||C 'T K < aS USc.1 J$ = Z*| ir Jfc. U C 2?. 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