Document zzYV5d6Y3ogL6NNQ8dN1Dv6Vn
FILE NAME: Warning Labels (WL)
DATE: 0000
DOC#: WL004
DOCUMENT DESCRIPTION: Legal - JM Comp Fund's Answers to Interrogatories
I I
CARL J. VALORJE, ESQUIRE MCALLISTER, WESTMORELAND,
VESPER i SCHWARTZ, ?.A. BAYPORT CUE, YACHT CLUB DRIVE WEST ATLANTIC CITY, NJ 03401 (609) 64.5-1111
ATTORNEYS FOR MAHVILLE CORPORATION DISEASE COMPENSATION FUND
ASBESTOS
THOMAS GUNN and. JULIA GUNN, } his wife; -WILLIAM DEUTSCH and )
MARIE DEUTSCH, his wife;
)
DANIEL INFANTI and CARMELLA )
INFANT!, his wife; ANNETTE
)
JASKOWIAK, as Exectrix of the )
Estate of ARTHUR JASKOWIAK? )
FRANK JUREWICZ; JAMES KING; }
ROBERT LEARY and SHIRLEY
)
LEARY, his wife? ALLEN LEWIS )
and JANET LEWIS, his wife;
)
ANTHONY MIGLIACCIO and
)
GERALDINE
)
MIGLIACCIO, his wife; PASQUAL )
NAFPI; ANDREW SIASIENKO and )
GRACE STASIENKO, his wife;
)
ANDREW STASIK and IRMA STASIK,)
his wife; RAYMOND STAVISH and )
DELORES STAVISH, his wife?
)
JOHN THAYLER and FRANCES
)
THAYLER, his wife; BILLY WARD )
and JANE WARD, his wife;
)
DOROTHY FROST, and ANDREW
)
FROST, her husband,
)
)
Plaintiffs,
)
)
v.
)
)
THE CELOTEX CORPORATION,
)
successor-in-interest to the )
PHILIP CAREY MANUFACTURING
)
COMPANY, PHILIP CAREY
)
CORPORATION, SMITH AND
)
KANZLER, BRIGGS MANUFACTURING,)
AND PANACON CORPORATION?
)
A.C.&S., iNC., a/k/a A GAUDS, )
INC., formerly known as
)
ARMSTRONG CONTRACTING AND
)
SUPPLY CORPORATION; ARMSTRONG )
WORLD INDUSTRIES, INC.,
)
formerly known as ARMSTRONG )
UNITED STATES DISTRICT COURT DISTRICT OF NEW JESEY CIVIL ACTION NUMBER 36-5090
ASBESTOS LITIGATION
THIRD-PARTY COMPLAINT AGAINST THE, MANVILLE PERSONAL INJURY TRUST
CORK COMPANY; 3IRD & SONS,
)
INC.; CAREY-CANADIAN MINES, }
LTD.; EAGLE-PICHER INDUSTRIES,}
INC.; NATIONAL LEAD
)
CORPORATION ; j OHN DOE (I)
}
JOHN DOE (2); JOHN DOE (3); ) JOHN DOE (4); JOHN DOE (4); )
JOHN DOE (5); JOHN DOE (6); )
JOHN DOE (7); KEENE CORPORA- )
TION, Individually and as
)
successor-in-interest to
)
KEENE BUILDING PRODUCTS and )
BALDWIN, EHRET, & HILL; CROWN )
CORK AND SEAL CORPORATION,
)
successor-in-interest to
)
MUNDET CORK CORPORATION?
)
NICOLET, INC., Individually )
and as successor-in interest )
to KEASBEY & MATTISON COMPANY;)
OWENS-CORNING FIBREGLAS CORP- ) ORATION; OWENS-ILLINOIS, INC.;)
PITTSBURGH CORNING CORPORA- )
TION; RAYMARK INDUSTRIES, INC.)
Individually and formerly
)
known as RAYBESTOS-MANHATTAN, )
INC.; SOUTHERN TEXTILE CORPOR-)
ATION, formerly known as
)
SOUTHERN ASBESTOS, a wholly )
owned subsidiary of H. K.
)
PORTER CO., INC.; GARLOCK,
)
INC.; PORTER-HAYDEN COMPANY; )
JOHN CRANE-HOUDAILE, INC.,
)
)
Defendants.
)
)
and
)
ARMSTRONG WORuD INDUSTRIES, )
INC.; ACandS, INC.; THE
)
CELOTEX CORPORATION;
)
FIBREBOARD CORPORATION; KEENE )
CORPORATION; OWENS-ILLINOIS, )
INC.; PITTSBURGH CORNING,
)
INC.; and PORTER-HAYDEN COMPA-)
NY;
)
) Defendants-Third- )
Party Plaintiffs, )
)
)
)
V.
)
)
MAN"ILIZ PERSONAL INJURY
)
TRUST
)
Third-Party
)
Defendant
)
)
DEPENDANT MANVILLE CORPORATION ASBESTOS DISEASE COMPENSATION FUND'S ANSWERS TO INTERROGATORIES
Defendant Manville Corporation Asbestos Disease Compensation Fund (hereafter "the Fund"), by and through its attorneys, MCALLISTER, WESTMORELAND, VESPER & SCHWARTZ, P.A. hereby submits the following answers to Form B Interrogatories to Defendants.
PRELIMINARY MATTERS
The Fund objects to these Interrogatories to the extent that they ask for information relating to the Defendant's involvement in the asbestos industry. The Fund has never been involved in the manufacture, sale or distribution of asbestos or asbestos containing products. Nevertheless, the Fund interprets these questions to relate to Manville Corporation, its predecessors or subsidiaries (hereafter "related entities").
The Fund objects to these Interrogatories to the extent that they call for production of documents entitled to protection as privileged attorney client communications or attorney work product.
3
The Fund reserves the right to supplement these responses to the extent that new or different information becomes available to
ANSWERS TO PART A
A. 1.
Where is defendant's corporate headquarters located?
ANSWER: Not applicable.
A. 2.
Set forth the state in which defendant is
incorporated in and the date of incorporation there.
ANSWER: Not applicable.
A. 3.
Has defendant ever been incorporated under the laws
of the State of New Jersey? If so, set forth the inclusive date
the defendant was incorporated here.
ANSWER: Not applicable.
A. 4 .
Has defendant ever maintained an office in the State
of New Jersey? If so, indicate where this office was located and
set forth the inclusive dates of its operation here and describe
what function it served. In addition, set forth names, addresses
and job positions of the individuals who staffed the office.
Jersey. a . describe the type of business defendant did in New
ANSWER: Not applicable.
A. 5 .
Does defendant have an agent or representative in
New Jersey who is authorized to accept service of process on its
behalf? If so, identify each such agent or representative,
indicate their respective addresses and set forth the dates during
which this function is or was performed.
ANSWER: Not applicable.
A. 6.
Has defendant ever had an agent or representative
in New Jersey who is authorized to accept service of process on its
behalf? If so, identify each such agent or representative,
indicate their respective addresses and set forth the dates during
which this function is or was performed.
ANSWER: Not applicable.
A. 7.
State the name and address of defendant's corporate
officers and indicate the respective offices they hold.
4
ANSWER: Not applicable.
A. 3. Jersey?
Has defendant ever done business in the State of New
ANSWER: Not applicsb-s.
A.9.
If the answer to the previous interrogatory is in
the affirmative, state:
a. the inclusive dates the defendant did do business in the State of New Jersey;
b. where in New Jersey it did business.
ANSWER: Not applicable.
A. 10.
Set forth the following information about each
entity supplied in your answer to Interrogatory 8.4.:
a. the State or County of each entity's incorporation;
b . the corporate business headquarters of each entity from the date it was established until the present.
ANSWER: Not applicable.
ANSWERS TO PART B
B.l.
State the name, address and job position of each and
every individual signing these interrogatories on behalf of the
defendant.
a. state the name, address and employer and job position of each person, whether defendant's employees or otherwise, who were consulted with or who assisted in the answering of these interrogatories.
ANSWER: These answers to Interrogatories are signed by a representative of the Manville Personal Injury Settlement Trust, 1825 Eye Street, N. W . , Washington, D.C. 20006-1202, who does not have personal knowledge of the facts contained in these responses. Rather, the answers have been prepared by attorneys representing the Fund using documents available to them.
B.2.
Give a full and detailed description of the nature
of the business that your company is engaged in.
ANSWER: The Manville .Corporation Asbestos Disease Compensation Fund is the name under which the Manville Personal Injury Settlement Trust (hereafter "the Trust") can be sued in asbestos related litigation. The Trust was created pursuant to the
5
Manville Corporation Second Amended and Restated Plan of Reorganization, United Stares Bankruptcy Court, Southern District of New York, November 23, 1333 (hereafter "the Plan"). A full descripticn of the Trust's responsibilities is contained therein. A ropy of the Plan ..ill ce produced it tne records races iter-.maintained by the Trust in Denver, Colorado, at a time convenient to the parties.
Under the Plan, the Trust is to assume liability for all asbestos related personal injury claims against Manville Corporation, its predecessors and subsidiaries (hereafter "related entities") . The purpose of the Trust is to provide fair and equitable compensation to individuals who have been injured as a result of exposure to asbestos or asbestos containing products sold by Manville Corporation or related entities.
B.3.
When did your company commence its business?
ANSWER: The Fund officially assumed the liability for all asbestos health claims against Manville Corporation and related entities on November 28, 1988. See also answer to Interrogatory No. B.4.
B.4.a.
Are or have any of defendant's predecessors,
affiliates, subsidiaries, or parent corporations engaged in the
mining, sale and distribution of asbestos and/or asbestos fiber
and/or asbestos containing insulation products? If so, state the
name of each such entity, describe the nature of the involvement
that each entity has or has had in the mining, distribution or sale
of these products and materials, and set forth the inclusive dates
each was involved in each aspect of this business.
state:
b. as to each such entity referred to in (a) above,
1. the relationship between defendant and each such entity;
terminated;
2. the date each such relationship began and
3. the names and addresses of each such entity's corporate officers and Board of Directors;
4. the names and addresses of your corporate officers and Board of Directors.
ANSWER: Yes. Manville Corporation or related entities
engaged in the manufacture and sale of asbestos containing
products, as well as the mining, milling and sale of asbsstes
fiber.
The H.W. Johns Company, a predecessor to Manville
Corporation, first commenced business in 1353.
Manville
6
Corporation or related entities first began to mine, mill and sell asbestos fiber with the purchase of the Jeffrey Mine in Asbestos, Quebec, in 1916.
J tr.r.s -Manv i11e C o r n e n t 1er. vas ir.terror ~ted in l?2 . ~ ~ nns-- Manville Products Corporation, organized in 1927, vas responsible for the manufacture of asbestos containing products. JohnsManville Sales Corporation, organized in 1929, was responsible for the sale of asbestos containing products. In 1975, Johns-Manville Products Corporation merged into Johns-Manville Sales Corporation.
Manville Corporation and related entities discontinued the manufacture and sale of most asbestos containing thermal insulation products in 1972 or 1973. Manville Corporation or related entities discontinued the mining, milling and sale of asbestos fiber on September 9, 1983. Manville Corporation or related entities discontinued the manufacture and sale of all asbestos containing products by 1985.
The companies listed below as current or previous subsidiaries of Manville or related entities may have been engaged in the mining, sale or distribution of asbestos or asbestos-containing products.
CURRENT MANVILLE SUBSIDIARIES
(once asbestos-related companies)
Cobra Canada, Inc. (50% owned by American Standard) Name changed from Cobra Friction Products, Limited - 1981
Johns-Manville Corporation Incorporated - 1926
Johns-Manville East Africa, Limited Incorporated - 1968
Johns-Manville India, Limited Incorporated - 1965
Manville (Great Britain) Limited Name changed from Johns-Manville (Great Britain) Limited - 1982
Manville De France S.A. Name changed from Johns-Manville De France S.A. - 1982
Manville Do Brazil Ltda. Name changed from Johns-Manville Do Brazil - 1982
Manville Italian S.p.A. Name changed from Johns-Manville Italiana S.P.A - 1982
7
Manville Japan, Limited Name changed from Johns-Manvi1le Japan, Limited - 1531
Manviile Mexicans S.A. de C.7. Name changed from Johns-Manville Mexicana, S.A. de-C.V. - 1982
Manville Sales Corporation Name changed from Johns-Manville Sales Corporation - 1985
Manville Sudamericana Ltda Name changed from Johns-Manville Sudamericana, Limited - 1982
New Materials, Inc. Incorporated - 1958
Railroad Friction Products (50% owned by American Standard) Incorporated - 1954
Termoacusticos, S.A. de C.V. Incorporated - 1973
PREVIOUS MANVILLE SUBSIDIARIES
Acoustical Construction Corporation Incorporated - 1930 in New York Dissolved - 1946
American Mineral Company Name changed from Seehaver Clay & Mineral Company - 1947 Merged into Desert Minerals, Inc. - 1975
Asbestos Construction Company, Inc. Incorporated - 1922 Name changed to Johns-Manville Insulation Contracting & Supply Company - 1960
Asbestos and Danville Railway Company Incorporated - 1897 Divestment - 1982
Banner Rock Corporation Incorporated - 1929 Dissolved - 1938
Beton et Mollith S.A. Incorporated - 1923 Name changed to Johns-Manville S.A
3
Canadian Johns-Manville Asbestos, Limited Incorporated - 1954 Mane changed to Johns-Manville Amiante Canada, Inc. - 1980
Oar.ad^ar. Johns-Manville Ontario, Li.~io.ed Incorporate - 1950 Dissolved - 1968
celite Corporation Name changed from Fibre Corporation - 1928 Dissolved - 1939
Chem Blend System Corporation Incorporated - 1965 1970 - Acquisition Dissolved - 1972
Coalinga Asbestos Company, Inc. Incorporated - i960 Merged into Johns-Manville Sales Corporation - 1975
Cobra Friction Products, Limited (50% Held by J-M - 1981) Incorporated - 1960 Name changed to Cobra Canada, Inc.
Crown Tuft Carpet, Inc. Incorporated - 1963 Merged into Johns-Manville Products Corporation - 1972 Divestment to Celotex Corporation - 1972
Delaware Johns-Manville Corporation Incorporated - 1927 Name changed to Johns-Manville Corporation of Delaware - 1927
Desert Minerals, Inc. Incorporated - 1956 Merged into L. Grantham Corporation - 1975
Fibre Corporation Incorporated - 1914 Name changed to Celite Corporation - 1928
Grantham Mines Corporation Incorporated - 1969 Name changed to L. Grantham Corporation - 1969
Holophane Company, Limited (The) Incorporated - 1911 Amalgamated with Canadian Johns-Manville - 1978
Company,
Limited
9
Holophane S.A. de C.V. Incorporated - 1962 Divestment - 1988
rr.C3rst.3t3 Flooring and Construction Company, Ir.c. Incorporated - 1920 Dissolved - unknown
Jayem Exploration Company, Limited Incorporated - 1961 Dissolved - 1980
John Brand Corporation Name changed from Johns-Manville Dutch Brand Products - 1970 Dissolved - 1972
Johns-Manville (Great Britain) Limited Name changed from Johns-Manville Company, Limited - 1966 Name changed to Manville (Great Britain) (Limited) - 1982
Johns-Manville (United Kingdom), Limited Incorporated - 1959 Merged into Johns-Manville Company, Limited - 1965
H. W. Johns Manufacturing Company Incorporated - 1858 Reorganized as H. W. Johns Manufacturing Company - 1874 Merged with Manville Covering to become H. W. Johns-Manville Company - 19oi
H. W. Johns-Manville Company Merged with Manville Covering H. W. Johns Manufacturing Company - 1901 Name changed to Johns-Manville, Inc. - 1920
Johns-Manville Amiante Canada, Inc. Name changed from Canadian Johns-Manville Asbestos, - 1980
Sold - 1983
Limited
Johns-Manville Belgium, S.A. Incorporated - 1961 Divestment - 1983
Johns-Manville Boley, Limited Incorporated - 1931 Name changed to Johns-Manville Sudamericana, Limited - 1955
Johns-Manville Canada, Inc. Incorporated - 1978 Sold - 1983
10
Johns-Manville Ceiling Corporation Incorporated - 1973 Maine changed to Southern Johns-Manville (Delaware) - 1973
Products
Corporation
Johns-Manville Company, Limited (United Kingdom; Incorporated - 1939 Name changed to Johns-Manville (Great Britain), Limited - 1966
Johns-Manville Construction Incorporated - 1956 Name changed to Johns-Manville Service Corporation - i960
Johns-Manville Corporation of Delaware Name changed from Delaware Johns-Manville Corporation - 1927 Name changed to Johns-Manville Products Corporation - 1932
Johns-Manville De France S.A. Name changed from Socit Anciens Establissements Hordot and Chataignon, Flechet et Cie., Suces. - 1961 Name changed to Manville de France S.A. - 1982
Johns-Manville De Ventas S.A. de C.v. Incorporated - 1962 Name changed to Johns-Manville Mexicana, S.A. de C.V. - 1962
Johns-Manville Development Corporation Name changed to Johns-Manville Service Corporation - 1973 Merged into Johns-Manville Sales Corporation - 1975
Johns-Manville Do Brazil Isolantes Termicos, Limited Name changed from Johns-Manville do Brazil S/A Isolantes Termicos - 1977
Name changed to Manville Do Brazil, Limited - 1982
Johns-Manville Do Brazil S/A - Isolantes Termicos Name changed from Magnebras, S.A. - 1976 Name changed to Johns-Manville Do Brazil Isolantes Termicos Ltda - 1977
Johns-Manville Dutch Brand Products Corporation Name changed from Van Cleef Brothers, Inc. - 1955 Name' changed to John Brand Corporation - 1970
Johns-Manville Equipment Corporation Incorporated - 1961 Merged with Johns-Manville Sales Corporation - 1973
Johns-Manville, Inc.
Name changed from H. W. Johns-Manville Company - 1920 Dissolved - 1927
11
Johns-Manville Insulation Contracting & Supply Company, Inc. Name changed from Asbestos Construction Company, Inc. - 1960 Merged into Johns-Manville Sales Corporation - 1962
lor.r.s-Mar.'.'ille International Corporation Incorporated - 1929 Merged into Manville Sales Corporation - 1936
Johns-Manville Italiana S.p.A. Name changed from Si lex S.p.A. - unknown Name changed to Manville Italiana S.p.A. - 1982
Johns-Manville Japan, Limited Name changed from New Materials Kabushiki Kaisha - 1978 Name changed to Manville Japan, Limited - 1981
Johns-Manville Mexicana S.A. de C.V. Name changed from Johns-Manville de Ventas S.A. de C.V. - 1962 Name changed to Manville Mexicana S.A. de C.V. - 1982
Johns-Manville Mining and Trading Incorporated - 1966 Merged into Johns-Manville Corporation - 1973
Johns-Manville (Overseas) Limited Incorporated - 1958 Dissolved - 1981
Johns-Manville Products Corporation of California Incorporated - 1956 Merged into Johns-Manville Products Corporation - 1972
Johns-Manville Products Corporation Name changed from Johns-Manville Corporation of Delaware - 1932 Merged with Johns-Manville Sales Corporation - 1975
Johns-Manville Products Corporation of Georgia Incorporated - 1955 Merged into Johns-Manville Corporation - 1970
Johns-Manville Products Corporation of Massachusetts Incorporated - 1939 Merged into Johns-Manville Products Corporation - 1972
Johns-Manville Products Corporation of Mississippi Incorporated - 1958 Dissolved - 1966
Johns-Manville Products Corporation of Ohio Incorporated - 1959 Dissolved - 1972
12
Johns-Manville Products Corporation of Oregon Incorporated - 1956 Merged into Johns-Manville Corporation - 1362
Johns-Manville Products Corporation of Pennsylvania Incorporated - 1940 Merged into Johns-Manville Sales Corporation - 1975
Johns-Manville S.A. Name changed from Beton et Mollith Divestment - 1983
Johns-Manville Sales Corporation Incorporate - 1929 Name changed to Manville Sales Corporation - 1985
Johns-Manville Service Corporation Name.changed from Johns-Manville Construction Corporation - 1960 Name changed to Johns-Manville Development Corporation - 1973
Johns-Manville Sudamericana, Limitada Name changed from Johns-Manville Boley, Limited - 1955 Name changed to Manville Sudamericana, Limitada - 1982
Kingsey Falls Paper, Inc. Incorporated - 1972 Sold - 1984
(50% owned by Johns-Manville)
L. Grantham Corporation Name changed from Grantham Mines Corporation - 1969 1972 - Acquisition Merged into Johns-Manville Sales Corporation - 1'978
Magnebras, S.A. Incorporated - 1957 1973 - Acquisition
Name changed to Johns-Manville Termicos - 1976
Do Brazil,
S.A.
- Isolantes
Manvilglaas, Limited Incorporated - 1970 Name changed to Thermocoustic Insulations, Limited - 1976
Manville Covering Company Incorporated - 1886 Merged into H. W. Johns Manufacturing Company - 1901
New Materials Kabushiki Kaisha Incorporated - 1959 Name changed 'to Johns-Manville Japan, Limited - 1972
13
Nicely Corporation (The) Incorporated - 1933 Dissolved - 1946
Revere Mills, .Inc. Incorporated - 1964 Name changed to Revere, Inc. - 1965
Revere, Inc. Name changed from Revere Mills, Inc. - 1965 Merged into Crown Tuft Carpet, Inc.- 1972
Seehaver Clay and Mineral Company Incorporated - 1946 Name changed to American Mineral Company - 1947
Silex S.p.A. Name changed to Societa Anonima Immobiliare esari - 1940 Name changed to Johns-Manville Italiana S.p.A. - 1962
Societa Accomandita Semplice Silex Incorporated - 1940 Merged into Societa Anonima Immobiliare Cesari - 1940
Societa Anonima Immobiliare Cesari Incorporated - 1939 Name changed to Silex S.p.A. - 1940
Societe Anciens Establissements Hordot and Chataignon, Flechet et Cie., Succs.
Incorporated - 1961 Name changed to Johns-Manville De France S.A. - 1961
Southern Johns-Manville Products Corporation (Delaware) Name changed from Johns-Manville Ceiling Corporation - 1973 Merged into Johns-Manville Sales Corporat:on - 1979
Table Mountain Asbestos Company, Inc. Incorporated - 1962 Dissolved - 1967
Thermocoustic Insulations, Limited Name changed from Manvilglass, Limited - 1976 Merged into Johns-Manville Sudamericana Limitada - 1976
Van Cleef Brothers, Inc. Name changed from Vee Cee Brothers, Inc. - 1947 Name changed to Johns-Manville Dutch Brand Products Corporation - 1955
14
0
Vee Cee Brothers, Inc. Incorporated - 1947 Mane changed to Van Cieef Brothers, Inc.
1947
purchase of assets of any company can be obtained by a review of the Annual Reports of Manville Corporation and related entities. Copies of such reports are located at the records repository maintained by the Fund in Denver, Colorado, and will be produced at a time agreed upon by the parties.
All of the entities identified below were engaged in the mining, milling or sale of asbestos fiber, or the manufacture or sale of asbestos containing products from their inception.
The names of the members of the Board of Directors can be obtained by a review of the Annual Reports of Manville and the related entities. Copies of such reports are located at the records repository maintained by the Fund in Denver, Colorado, and will be made available for inspection and copying at a time convenient to the parties.
The officers of the principal Manville entities involved in the asbestos industry are as follows:
JOHNS-MANVILLE CORPORATION
Xea.Z
1926-27 1927-29 1929-38 1938-40 1940-46 1946-52 1952-57 1957-60 1960-67 1967-71 1971-73
Chairman of
The Board
None H.E. Manville W.R. Seigle H.E. Manville
None L.H. Brown L.M. Cassidy A.R. Fisher A.R. Fisher
None None
President
H.E. T.F. L.H. L.H. L.H. R. W. A.R. A.R. C.B. C.B. W.R.
Manville Merseles Brown Brown Brown Lea Fisher Fisher Burnett Burnett Goodwin
Secretary
A.C. Hoyt L.H. Brown .M. Voorhees V. Brown V. Brown V. Brown H.M. Ball H.M. Ball H.M. Ball H.M. Ball H.M. Ball
1973-74
1974-75
1975-76
1976-77 1977-78 1978-82
None
None
None
None J.A. McKinney J.A. McKinney
W.R. Goodwin
W.R. Goodwin
W.R. Goodwin
J.A. McKinney J.A. McKinney F.L. Pundsack
J.A. McKinney G.E. Parker
A .B . Marchant G.E. Parker
J.A. McKinney G.E. Parker G.E. Parker G.E. Parker G.E. Parker
15
1982- 83 1983- 84 1984- 86 1986-?resent
J.A. McKinney J .A . McKinney J.A. McKinnev r* * Oilier.
J.A. J.A. J.T.
Tl
McKinney McKinney Hulee Stephens
G.E. Parker R.A. Boardman R.A. Boardr.an ?..A. Boardman
JOHNS-MANVILLE SALES CORPORATION
Chairman of
The Board
President
Secretary
1929-30 1931 1932-35 1936-45 1946 1947-50 1951-52 1953-57 1958-59 1960 1961-68 1969-72 1973 1974-75 1976 1976-81 1/82-10/82 10/82-83 1983-85
None L.H. Brown L.H. Brown L.H. Brown
None L.H. Brown L.M. Cassidy L.M. Cassidy A.R. Fisher A.R. Fisher
None None None None None None J.A. McKinney J.A. McKinney J.A. McKinney
L.R. Hoff L.R. Hoff L.R. Hoff L.R. Hoff L.H. Brown R W !L.3l A.R. Fisher A.R. Fisher A.R. Fisher C.B. Burnett C.B. Burnett G.H. Martens
None R.J. Cuje W.R. Goodwin
J.A. McKinney F.L. Pundsack J.T. Hulce J.T. Hulce
C.L. Sager C.L. Sager E.M. Voorhees V. Brown v. Brown V. Brown V. Brown H.M. Ball H.M. Ball H.M. Ball H.M. Ball H.M. Ball J.A. McKinney J.A. McKinney J.A. McKinney G.E. Parker G.E. Parker G.E. Parker R.A. Boardman
12/31/85
Name changed to Manville Sales Corporation
12/85-4/86 4/86-10/86 10/86-Present
J.A. McKinney J.A. McKinney
None
J.T. Hulce W.T. Stephens W.T. Stephens
R.A. Boardman R.A. Boardman R.A. Boardman
Year
1927 1928-31 1932-42 1943 1944-45 1946
JOHN.S-MANVILLE PRODUCTS CORPORATION
Chairman of
The Board
President
None None L.H. Brown L.H. Brown L.H.'* Brown None
W.R. Seigle W.R. Seigle S .A. Williams S .A . Williams S .A . Williams L.H. Brown
16
Secretary
A.C. Hoyt E.M. Voorhees
V. Brown R. Hackney V. Brown V. Brown
1947-50 1951 1952 1953-57 :?= -~ 9
I9 60 1961-68 1969-72
1973 1974-75
L.H. Brown None
L.M. Cassidy L.M. Cassidy A.R. Fisher A .R . Fisher
None None None None
R.W. L.M. A. R., A. R . 1 .R .
C. 3. C.B. F. E. F.E. J.E.
Lea Cassidy Fisher Fisher F isher Burnett Burnett Dutcher Dutcher Hesse
Johns-Manville Products Corporation merged Manville Sales Corporation effective 12/31/75.
V. Brown V. Brown V. Brown H.M. 3a11 H.::. Ball H.M. Bail H.M. Ball H.M. Ball J.A. McKinney J.A. McKinney
into Johns-
CANADA. J N^
y sag
1918-19 1919-25 1925-27 1927-28 1928-29 1929-30 1930-37 1937-39 1939-45 1945-46 1946-51 1951-52 1952-57 1957-59 1959-61 1961-67 1967-71 1971-72 1972-73 1973-74 1974-82 1982-83
Chairman of
The Board
None None None None None None None None L.H. Brown L.H. Brown L.H. Brown L.M. Cassidy L.M. Cassidy A.R. Fisher A.R. Fisher K.V. Lindell K.V. Lindell None None None J.R.M. Hutcheson J.P. Power
President
G.W. T. F. H.E. H.E. T. F. T. F. L.H. L.H. S. A. R.W. L.H. L.M. A.R. A.R. C.B. A.G. A. G . A.G. J.R.M J.R.M. G.P. J.P.
McDougall Manville Manville Manville Merseles Merseles Brown Brown Williams Lea Brown Cassidy Fisher Fisher Burnett Sinclair Sinclair Sinclair Hutcheson Hutcheson Loubert Power
Johns'-Manville Canada, Inc. was sold 9/16/83.
Secretarv
J.G.Cartwright H.E. Manville H.E. Manville A. C . Hoyt A .C . Hoyt E.M. Voorhees E.M. Voorhees V. Brown V. Brown V. Brown V. Brown H.M. Ball H.M. Ball H.M. Ball H.M. Ball W.H. Soutar J. Kaczkowski G.A. Piche G .A . Piche G.A. Piche G.A. Piche G.A. Piche
17
JOHNS-MANVILLE INTERNATIONAL CORPORATION
Chairman
w fL*
'.`ear
t* 5o ^ "i
Pres irient:
v*-
1929-32 1932-36 1936-37 1937-46 1946-50 1950-51 1951-52 1952-57
1957-60 1960-68 1968-72 1972-73 1973-74 1974-75 3/75-5/75 1975-80 1980-83 1983-86 1985-3/86 3/86-12/86
L.H. Brown L.H. Brown L.H. Brown L.H. Brown R.W. Lea L.H. Brown L.M. Cassidy L.M. Cassidy A .R . Fischer
None None None None None None None None None None None
W.R. Seigle W.R. Seigle W.R. Seigle E.S. Crosby E.S. Crosby R.W. Lea A.R. Fischer A.R. Fischer A.R. Fischer C.B. Burnett D.T. Colton J.B. Jobe W.L. VanDerBeek H .B . Moreno H.B. Moreno H.B. Moreno A.L. cini J.T. Hulce J.P. Cashman S.R. Heath
C.L. Sager E.M. Voorhees
V. Brown V. Brown V. Brown V. Brown V. Brown H.M. Ball H.M. Ball H.M. Ball H.M. Ball w.p.s. Breese W.P.S. Breese W.P.S. Breese J.T. Hulce G.E. Parker J.L. Brown J.L. Brown J.L. Brown J.L. Brown
Johns'-Manville International Corporation merged into Manville Sales Corporation effective 12/22/86.
JOHNS-MANVILLE AMIANTE CANADA. INC.
Year
Chairman of
Secretary
1954 1954-57 1958-59 1960 1961-66 1967-70 1971-81 1982-83
None L.M. Cassidy A.R. Fisher
None None None None J.P. Power
R.D. Weldon A.R. Fisher A.R. Fisher C.B. Burnett K.v. Lindell K.V. Lindell J.R.M. Hutcheson J.P. Power
R.T. Clarkson H.M. Ball H.M. Ball H.M. Ball W.H. Soutar
J. Kaczkowski G.A. Piche G.A. Piche
Johns-Manville Amiante Canada, Inc. was sold 9/16/83.
B.5.
From the year 1925 until the present, identify and
state the address of any organization in which defendant, its
officers, agents or employees have belonged, having anything to do
18
with setting standards, regulations or the conducting of research into the use of asbestos, asbestos products or asbestos fiber.
ANSWER: Manville Corporation or related entities belonged to the American. Society for Testing and Materials hereafter referred to as-'hASTM") which is a nonprofit corporation forr.ea m 1398 for the development of standards on characteristics and performance of materials, products, systems, and services, and the promotion of related knowledge. The ASTM is the world's largest source of voluntary consensus standards. See also answer to Interrogatory No. B.6.
Manville Corporation or related entities belonged to the following organizations which conducted research regarding the health effects of exposure to asbestos or asbestos containing products :
Asbestos Cement Pipe Producers Association 1745 Jefferson Davis Highway Arlington, VA 22209 (approximately 1972 to early 1980s)
Asbestos Information Association/North America 1745 Jefferson Davis Highway Arlington, VA 22202 (approximately 1971 to early 1980s)
Asbestos Textile Institute P.O. Box 471 Willow Grove, PA 19090 (November 16, 1944 to 1973)
Canadian Asbestos Information Centre (formerly Institute of Occupational and Health) 1130 Sherbrooke Street West, Suite 410 Montreal, Quebec H3A 2H8 CANADA (1966 to 1983)
Environmental
Industrial Health Foundation (formerly Industrial Hygiene 34 Penn Circle West Pittsburgh, PA 15206 (1936 through 1980s)
Foundation)
National Insulation Contractors Association address unknown (1954 through 1980s)
19
National Insulation Manufacturers 441 Lexington Avenue New York, NY 10017 (approximately 1953 to 1963)
Association,
Inc.
Quebec Asbestos Mining Association Suite 412, 5 Place Ville Marie Montreal, Quebec H3B 2G2 Canada (approximately 1930 to 1983)
Thermal Insulation Manufacturers Association, 441 Lexington Avenue New York, NY 10017 (approximately 1969 through 1980s)
Inc.
B.6.
Has defendant ever been a member of or affiliated
with any trade groups, professional associations or organizations?
If so, identify each such group, association or organization and
set forth the inclusive dates of defendant's membership in each.
ANSWER: In addition to the organizations identified in answer to Interrogatory No. B.5., Manville corporation or related entities belong or have belonged to the following organizations which related to asbestos or asbestos containing products:
American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 (approximately 1930s through 1980s)
Asbestos Cement Product Association (defunct) New York, NY (approximately 1955 to 1967)
Automotive Parts Rebuilders Association 6849 Old Dominion Drive McLean, VA 22101 (approximately 1950 to 1972)
Brake Lining Materials Association 370 Lexington Avenue New York, NY 10017 (approximately 1926 to 1949)
(defunct)
Friction Materials Standards Institute E-210 State Highway, Number 4 Paramus, NJ 07652 (approximately 1949 to 1972)
20
Mid-West Insulation Contractor's Association 2202 Hanscom Boulevard Omaha, ME 68105 (approximately 1962 through 1930s)
National Building Material 1701 Lake Avenue Glenview, IL 60025 (1966 through 1980s)
Distributors
Association
Resilient Floor Covering 966 Hungerford Drive Suite 12-B Rockville, MD 20850 (1978 through 1980s)
Institute
Southwest Insulation Contractor's Association 1406 Third National Bank Building Dayton, OH 45402 (sometime after 1958 to present)
Western Insulation Contractor's Association 83 Hazel Lane Piedmont, CA 94611 (1955 to present)
B.7.
Has defendant ever been a member of or affiliated
with the Asbestos Textile Institute? If so, indicate when your
company was affiliated or was a member of this organization.
ANSWER: See answer to Interrogatory No. B.5.
B.8.
Does your company publish or distribute,a manual or
booklet which describes the nature of the business that defendant
is engaged in? If so, set forth the title of such manual or
booklet, indicate when it was published and attach a copy of same
hereto.
ANSWER: Manville Corporation publishes an Annual Report to Shareholders, and also files quarterly and annual reports with the Securities and Exchange Commission. These reports are public records. Copies of the Annual Reports are located at the records repository maintained by the Fund in Denver, Colorado, and will be produced at a time convenient to the parties.
The Fund prepares and files quarterly reports to the United States Bankruptcy Court, Southern District of New York. Copies of the Fund's quarterly reports to the Bankruptcy Court will be produced at a time and place agreed upon by the parties.
B.9.
Has any employee or representative of your
corporation ever attended a meeting of the Asbestos Textile
21
Institute? If so, identify each such individual who attended these meetings and set forth the dates on which each such individual went to such a conference or meeting.
ANSWER: Employees of Banville Corooraticn or related entities attended meetings of the Asbestos Textile Institute. The minutes of the Asbestos Textile Institute indicate the individuals in attendance at each meeting, as well as their affiliations. Copies of these minutes are located at the records repository maintained by the Fund in Denver, Colorado, and will be produced at a time convenient to the parties.
B.10.
Has your company ever been a member of, affiliated
with or provided funding for the Industrial Hygiene Foundation?
If so, indicate when your company was a member or affiliated with
this organization and set forth the dates, if applicable, when you
provided funding to this organization.
ANSWER: B.24.
Yes. See answers to Interrogatories No. B.5 and
B.ll.
Does your company have a Board of Directors?
ANSWER: Manville Corporation has a Board of Directors. The Fund does not have a Board of Directors.
B.12. meetings?
Does your company's Board of Directors conduct
ANSWER: The Board of Directors of Manville Corporation conducts meetings.
B.13.
Have minutes of the Board of Directors meetings been
taken and maintained by your company? If so, indicate who has
custody of the minutes at this time.
ANSWER: Minutes are kept of the Manvill-' Corporation Board of Directors meetings. Copies of the non-privileged portions of these minutes are located at the records repository maintained by the Fund in Denver, Colorado, and will be produced at a time convenient to the parties.
B .14.
Has your company, and/or its subsidiaries or
affiliates ever manufactured or distributed asbestos containing
products?
ANSWER: manufactured products.
Manville Corporation or related entities have or distributed asbestos and asbestos containing
B.15.
Give a complete and detailed description of the
particular qualities that asbestos has or had that caused your
22
!
company and/or its subsidiary or affiliate to utilize asbestos in your products.
ANSWER: Asbestos was used by Manville Corporation or relatedentities in a variety of products for a variety cf reasons. Jeneraliy, however, asbestos was valued because of its scrsnotr., low conductivity, light weight, resistance to corrosion and fire, cost, availability, and the lack of substitute materials.
B.16.
Did any of the entities from whom you received
asbestos fiber or any of the entities referred to in B.6., B.7.,
B.9. and B.10. ever inform you or your company's employees that
asbestos was potentially hazardous to the health of individuals who
were exposed to it?
ANSWER: Yes. Some of the organizations listed sponsored or
co-sponsored studies regarding the health effects of asbestos
exposure, and the results of those studies were generally shared
among members. In addition, some of these organizations prepared
or distributed materials which addressed asbestos health issues.
The Asbestos Cement Pipe Producers Association, Asbestos
Information Association, Asbestos Textile Institute, the Canadian
Asbestos Information Centre, Industrial Health Foundation, National
Insulation Contractors Association,
National
Insulation
Manufacturers Association and the Quebec Asbestos Mining
Association have all been involved from time to time in either
O health research or in distribution and dissemination of information regarding the possible hazards associated with asbestos exposure.
See answer to Interrogatory No. B.21.
All of these activities are reflected in the minutes of Association meetings and in correspondence between representatives of the various member organizations relating to asbestos health issues. Such documents will be produced at the records'repository maintained by the Fund in Denver, Colorado at a time convenient to the parties. See answer to Interrogatory No. B.39.
B.17.
If so, for each such company that transmitted such
information to you and your company, set forth the following
information:
a. the name of each and every entity that informed your company that asbestos was potentially hazardous to health;
b. the dates you received this information from each such company;
you ;
c. indicate how this information was transmitted to
d. the substance of each warning;
23
e. annex hereto copies of each such warning.
ANSWER: See answer to Interrogatory No* B.1S.
3 .'3 .
Has ae fsnf.arz aistrih *.i19d or l'o 11: *.shav-- s **-
asbestos containing products in the State of New Jersey? If so,
set forth the following information:
a. the date that defendant commenced selling asbestos or asbestos containing products in the State of New Jersey;
asbestos Jersey;
b. the date the defendant terminated the sale of or asbestos containing products in the State of New
c.
the areas of New Jersey where asbestos or asbestos
containing products were sold.
ANSWER: Manville Corporation or related entities sold asbestos and asbestos containing products in New Jersey for the past several decades. See answer to Interrogatory No. B.4.
B.19.
Did defendant ever affix any warnings to any of the
asbestos or asbestos containing products it marketed and
distributed? If so, for each such product that contained a
warning, set forth the following information?
a. the brand and trade name of each such product that contained a warning;
b. product;
the date a warning was attached to each such
c. the substance of each warning;
d. annex hereto copies of each such warning.
ANSWER:
Manville Corporation or related entities placed
warning labels on the packaging of its industrial thermal
insulation products containing asbestos which might release dust
upon installation. These labels and dates of use are as follows:
1964 to 1970
CAUTION
THIS PRODUCT CONTAINS ASBESTOS FIBER.
INHALATION OF ASBESTOS IN EXCESSIVE QUANTITIES OVER LONG PERIODS OF TIME
MAY BE HARMFUL.
24
IF DUST IS CREATED WHEN THIS PRODUCT IS HANDLED, AVOID BREATHING THE DUST.
17 ADEQUATE VENTILATION CONTROL IS NOT POSSIBLE, WEAR RESPIRATORS APPROVED BY THE U.S. BUREAU OF MINES FOR PNEUMOCONIOSIS-
PRODUCING DUSTS.
1970 t o 1972:
CAUTION
THIS PRODUCT CONTAINS ASBESTOS FIBER. AVOID BREATHING THE DUST. INHALATION
OF ASBESTOS IN EXCESSIVE QUANTITIES OVER LONG PERIODS OF TIME MAY BE HARMFUL.
IF DUST IS CREATED WHEN THIS PRODUCT IS HANDLED, USE PROPER PROTECTION.
IF PROPER DUST CONTROL CANNOT BE PROVIDED, RESPIRATORS APPROVED BY THE U.S. BUREAU OF MINES FOR PROTECTION AGAINST THE PNEUMOCONIOSIS-
PRODUCING DUSTS SHOULD BE WORN.
1972 to 1978
CAUTION CONTAINS ASBESTOS FIBER
AVOID CREATING DUST
BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM
1978 to 1985
CAUTION CONTAINS ASBESTOS FIBERS
AVOID BREATHING DUST
25
BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM
SMOKING GREATLY INCREASES THE RISK OF SERIOUS BODILY KAFM
Manville began using such warning notices because in 1964 it was reported by a member of the medical profession that there might exist a risk to some persons who installed industrial insulation products containing asbestos, in that inhalation of excessive quantities of asbestos fibers over prolonged periods of time under certain conditions might create a risk of contracting asbestosis to some persons.
The label in use from 1972 to 1978 was prescribed by the
United States Department of Labor, Occupational Safety and Health
Administration (OSHA) pursuant to 29 C.F.R., Sec. 1910.1001, such
regulation being promulgated by OSHA in 1972. This label was
revised by Manville to include a no-smoking warning, implementation
of which commenced in November 1978.
In addition, product
literature was available from sales personnel.
In addition, Manville placed warning notices on the packaging of its asbestos fiber. The warning labels and the dates of use are as follows:
1969 to 1972
CAUTION
THIS BAG CONTAINS ASBESTOS FIBER.
PERSONS EXPOSED TO THIS MATERIAL SHOULD USE ADEQUATE PROTECTIVE DEVICES AS
INHALATION OF THIS MATERIAL OVER LONG PERIODS MAY BE HARMFUL.
1972 to 1978
CAUTION
CONTAINS ASBESTOS FIBER AVOID CREATING DUST
BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM
26
1978 to 1933
CAUTION
AVOID CREATING DUST
BREATHING ASBESTOS MAY CAUSE SERIOUS BODILY HARM
SMOKING GREATLY INCREASES THE RISK OF SERIOUS BODILY HARM
Use of warning labels commenced during 1969. The label in use from 1972 to 1978 was prescribed by the United States Department of Labor, Occupational Safety and Health Administration (OSHA) pursuant to 29 C.F.R., Sec. 1910.1001, such regulation being promulgated by OSHA in 1972. This label was revised by Manville to include a no-smoking warning, implementation of which commenced in November 1978. Manville also placed this .warning on all bags containing asbestos fiber in five additional languages; i.e.: French, Dutch, German, Spanish and Japanese. Additional language may have been used from time to time.
See also answer to Interrogatory No. C.9. for identification of the brand or trade name of products, products containing a label, and the date the label was attached to such products.
B.20.
Set forth the name, address and job position of each
and every individual who took part in your company's decision to
place a warning on its asbestos or asbestos containing products.
ANSWER: The selection of the wording of the text of the warning labels was made by a group of individuals representing the following departments at Manville: Environmental Control, Employee Relations, Executive, Legal and Product Marketing. The 1972 change in labeling was mandated by the federal government under the Occupational Safety and Health Act of 1970 and the standard promulgated thereunder for exposure to asbestos.
Beginning in the fall of 1974, all corporate labeling activities were within the jurisdiction of the Corporate Labeling Committee. Chairman of the Corporate Labeling Committee was Paul Kotin, M.D., Senior Vice President of Johns-Manville Corporation, Health, Safety and Environment Department, until his retirement in September, 1981.
On information and belief, the labeling of products at Manville Corporation is currently under the direct responsibility of each Product Manager in conjunction with the Corporate Labeling Committee, which consists of representatives from the operating
27
groups, Legal Department and Health Safety and Environment Department.
The following individuals have also been involved in the
Herbert M. Ball (Deceased)
William P. S. Breese 255 Brookside Court Xnollwood, CO 80302
Edmund M . Fenner (Deceased)
Hugh M. Jackson 5205 Sky Trail Littleton, CO 80123
J. B. Jobe 2800 S. University, #64 Denver, CO 80210
J. P. Leineweber (Deceased)
Irving J. Pedley 10015 Royal Oak Road, #348 3164 sun city, AZ 35351
William B. Reitze * 10870 Park Ridge Road
Littleton, CO 80123
Clifford L. Sheckler (Deceased)
Kenneth W. Smith, M.D. (Deceased)
B.21.
Prior to 1964, did any employee of the defendant
ever recommend that it utilize a warning on its asbestos containing
products? If so, identify each such employee, indicate when he
made such a recommendation, indicate what the recommendation was,
to whom it was given and what action was taken thereon.
ANSWER: in 1944, Manville employees discussed a proposed California regulation which would have required the labeling of materials which contained one percent of asbestos or silica, if the materials "were to be used under conditions likely to give rise to dust." No warning or caution labels were adopted at that time.
28
In 1952, some employees of Manville or related entities discussed the possibility of placing a caution label on asbestos fiber shipped to Illinois, in an effort to creserve rules and regulations promulgated by the Industrial fo r m ssir r. cr I_11 r is which required tne labeling cr suastances narmfui rc c.ne health ar.o safety of employees which, subsequently, may have included asbestos
fiber.
In approximately July, 1958, some employees of Manville Corporation or related entities discussed the possibility of placing a caution label on sheets of Marinite and other asbestos products. The individuals involved in these discussions included the following:
Herbert M. Ball William P. S. Breese Thomas H . Eaton E. D. Flavin D. L. Hinmon W. G. Hoffer Hugh M. Jackson J . B . Jobe V. B. Padham Irving J. Pedley A. M. Schmidt Kenneth W . Smith
It is not clear whether a recommendation was made, and if so, by whom. However, the decision was made to provide additional information regarding safe work practices in product literature relating to asbestos containing board products. No caution labels * were adopted at that time.
See answer to Interrogatory No. B.20.
B.22.
Has defendant ever established or maintained a
library or libraries which in any way dealt with industrial
hygiene, medicine, safety and engineering? If so, state:
a. where the library was or is located;
b. the names of all journals which that library subscribed to;
c. established;
for whom and for what purpose the library was
d. whether there is an inventory of the books and publications which are or were in this library, and if so, attached a copy hereto.
29