Joint Appendix — Air and Liquid Systems Corp., et al., Petitioners v. Roberta G. DeVries, Individually and as Administratrix of the Estate of John B. DeVries, Deceased, et al.

Supreme Court briefJul 9, 2018

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No. 17-1104

IN THE

Supreme Court of the United States

AIR AND LIQUID SYSTEMS CORP., CBS

CORPORATION, AND FOSTER WHEELER LLC,

Petitioners,

v.

ROBERTA G. DEVRIES, Administratrix of the Estate

of John B. DeVries, Deceased, and Widow in her own

right,

Respondent.

INGERSOLL RAND COMPANY,

Petitioner,

v.

SHIRLEY MCAFEE, Executrix of the Estate of

Kenneth McAfee, and Widow in her own right,

Respondent.

On Writ of Certiorari to the

United States Court of Appeals for the Third Circuit

JOINT APPENDIX (VOLUME II OF II)

SHAY DVORETZKY

Counsel of Record

JONES DAY

51 Louisiana Ave NW

Washington, DC 20001

Tel.: (202) 879-3939

sdvoretzky@jonesday.com

RICHARD PHILLIPS MYERS

Counsel of Record

PAUL, REICH & MYERS

1608 Walnut Street, Suite 500

Philadelphia, PA 19103

Tel.: (215) 735-9200

rmyers@prmpclaw.com

Counsel for Petitioner

CBS Corporation

Counsel for Respondents

Roberta G. DeVries and

Shirley McAffee

(Additional counsel listed on inside cover)

PETITION FOR CERTIORARI FILED JANUARY 31, 2018

CERTIORARI GRANTED MAY 14, 2018

CARTER G. PHILLIPS

Counsel of Record

SIDLEY AUSTIN LLP

1501 K Street, N.W.

Washington, DC 20005

Tel.: (202) 736-8270

cphillips@sidley.com

Counsel for Respondent

General Electric Co.

(continued from front cover)

i

TABLE OF CONTENTS

Page

VOLUME I

Docket Entries,

In re: Asbestos Products Liability Litigation

(No. VI), No. 16-2669 (3d Cir.) ............................... 1

Docket Entries,

In re: Asbestos Products Liability Litigation

(No. VI), No. 16-2602 (3d Cir.) ............................... 3

Docket Entries,

In re: Asbestos Products Liability Litigation

(No. VI), No. 15-2667 (3d Cir.) ............................... 5

Docket Entries,

In re: Asbestos Products Liability Litigation

(No. VI), No. 15-1278 (3d Cir.) ............................... 7

Docket Entries,

McAfee, et al. v. 20th Century Glove Corp. of

Texas, No. 5:13-cv-06856-GJP (E.D. Pa.) ............ 10

Docket Entries,

DeVries, et al. v. General Electric Co,, et al.,

No. 5:13-cv-00474-ER (E.D. Pa.) .......................... 13

Materials from District Court Proceedings

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 269-1, pages 2–18) (excerpts of Exhibit

A to Motion for Summary Judgment filed by

CBS Corporation) ................................................. 22

ii

TABLE OF CONTENTS

(continued)

Page

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 269-2, pages 2–38) (excerpts of Exhibit

B to Motion for Summary Judgment filed by

CBS Corporation) ................................................. 46

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 270-1, pages 2–53) (excerpts of Exhibit

A to Motion for Summary Judgment filed by

General Electric Company) .................................. 90

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 270-2, pages 2–19) (excerpts of Exhibit

B to Motion for Summary Judgment filed by

General Electric Company) ................................ 224

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 270-3, pages 7, 25, 33–34, 50–51, 56,

62) (excerpts of Exhibit C to Motion for

Summary Judgment filed by General Electric Company) ..................................................... 259

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 273, pages 14–49) (Exhibits A-C to

Motion for Summary Judgment filed by Imo

Industries, Inc.) .................................................. 266

iii

TABLE OF CONTENTS

(continued)

Page

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 274, page 16) (excerpt of Exhibit A to

Motion for Summary Judgment filed by Air

& Liquid Systems Corporation) ......................... 361

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 277-4, pages 1–4) (excerpts of exhibits

to Motion for Summary Judgment filed by

Foster Wheeler LLC) .......................................... 362

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 291, pages 13, 17, 19–22) (excerpts of

Exhibit A to Answer to Motion for Summary

Judgment of Foster Wheeler LLC) .................... 369

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 291, pages 27–29) (excerpts of Exhibit

B to Answer to Motion for Summary Judgment of Foster Wheeler LLC) ............................ 383

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 291, pages 33, 35) (excerpts of Exhibit

C to Answer to Motion for Summary Judgment of Foster Wheeler LLC) ............................ 389

iv

TABLE OF CONTENTS

(continued)

Page

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 291-1, pages 1–8) (excerpts of Exhibit

C to Answer to Motion for Summary Judgment of Foster Wheeler LLC, continued) .......... 391

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 294, pages 15–19) (excerpts to Exhibit

A of Answer to Motion for Summary Judgment of General Electric Company) .................. 398

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 294-3, pages 3–10) (excerpts to Exhibit

G of Answer to Motion for Summary Judgment of General Electric Company) .................. 410

VOLUME II

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 296, pages 20–22) (excerpts to Exhibit

A of Answer to Motion for Summary Judgment of CBS Corporation).................................. 420

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 296-1, pages 9–13) (Exhibit C of Answer to Motion for Summary Judgment of

CBS Corporation) ............................................... 427

v

TABLE OF CONTENTS

(continued)

Page

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 296-2, pages 18–21) (excerpts of Exhibit F of Answer to Motion for Summary

Judgment of CBS Corporation).......................... 437

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 296-2, pages 30–31, 34–36) (excerpts

of Exhibit G of Answer to Motion for Summary Judgment of CBS Corporation,

continued) ........................................................... 443

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 296-2, page 45 — Doc. 296-3, pages

1–2) (excerpts of Exhibit H of Answer to Motion for Summary Judgment of CBS

Corporation)........................................................ 448

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(excerpts of Exhibit H of Answer to Motion

for Summary Judgment of CBS Corporation, continued)................................................... 453

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 296-3, pages 8–9) (Exhibit I to Answer

to Motion for Summary Judgment of CBS

Corporation)........................................................ 459

vi

TABLE OF CONTENTS

(continued)

Page

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 297, pages 16–22, 28–29) (excerpts of

Exhibits B & C of Answer to Motion for Summary Judgment of IMO Industries, Inc.) .......... 463

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 298, page 19) (excerpts of Exhibit A of

Answer to Motion for Summary Judgment

by Buffalo Pumps, Inc) ....................................... 472

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 298-2, pages 7–8) (excerpts of Exhibit

D of Answer to Motion for Summary Judgment by Buffalo Pumps, Inc.) ............................ 473

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa.)

(Doc. 298-4, pages 6–10) (Exhibit J of Answer to Motion for Summary Judgment by

Buffalo Pumps, Inc.) ........................................... 480

McAffee v. 20th Century Glove Corp.,

No. 13-06856-ER (E.D. Pa.)

(Doc. 171, pages 18–31; 33–43) (excerpts of

Exhibits A & B of Ingersoll Rand Company's

Motion for Summary Judgment) ....................... 486

vii

TABLE OF CONTENTS

(continued)

Page

McAffee v. 20th Century Glove Corp.,

No. 13-06856-ER (E.D. Pa.)

(Doc. 203, pages 16–19, 22–24, 30–31, 37–

49) (excerpts of Exhibits A, B, & C of Answer to Motion for Summary Judgment of

Ingersoll-Rand Company) .................................. 557

McAffee v. 20th Century Glove Corp.,

No. 13-06856-ER (E.D. Pa.)

(Doc. 203-1, pages 1–2, 31–50) (excerpts of

Exhibit D of Answer to Motion for Summary

Judgment of Ingersoll-Rand Company) ............ 593

McAffee v. 20th Century Glove Corp.,

No. 13-06856-ER (E.D. Pa.)

(Doc. 203-2) (excerpts of Exhibit D of Answer to Motion for Summary Judgment of

Ingersoll-Rand Company, continued) ................ 642

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa., October 3,

2014) (order awarding summary judgment

to Warren Pumps) .............................................. 745

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa., October 3,

2014) (order awarding summary judgment

to IMO Industries, Inc.) ..................................... 757

DeVries, et al. v. General Electric Company,

et al., No. 13-cv-474 (E.D. Pa., October 10,

2014) (order awarding summary judgment

to General Electric Company)............................ 770

viii

TABLE OF CONTENTS

(continued)

Page

Materials from Third Circuit Proceedings

DeVries, et al. v General Electric Company,

et al., No. 15-1278 (3rd Cir.)

(Joint Appendix 729) .......................................... 782

DeVries, et al. v General Electric Company,

et al., No. 15-1278 (3rd Cir.)

(Joint Appendix 1508-12) ................................... 784

DeVries, et al. v General Electric Company,

et al., No. 15-1278 (3rd Cir.)

(Joint Appendix 1540-42) ................................... 797

Addendum A to Brief of Defendant-Appellee

General Electric Company,

No. 16-2602 (3d Cir.) .......................................... 803

420

JOHN B. DEVRIES

***

Page 389

Q. And do you recall whether or not that was

insulated in any way?

A. Not to my recollection. It was powered by I

guess a diesel engine and being emergency it was

rarely used when I was on board ship. And it was in a

space removed from the main engine rooms and boiler

rooms.

Q. And would — strike that. Okay. With regard

to the forced draft blowers that counsel asked you

about earlier, first of all, how many forced draft

blowers from Westinghouse do you recall on the

TURNER?

A. I believe there were two for each boiler, four

boilers, eight blowers.

Q. And what was the purpose of a forced draft

blower?

A. To burn the black oil to generate heat, generate

steam.

Q. And how high would temperatures get on the

forced draft blower, if you know?

A. I don’t recollect.

Q. What would happen if you touched it hand to

bare metal?

A. I don’t remember the temperatures.

Page 390

Q. Okay. Do you remember whether or not they

were insulated?

421

A. They were insulated or parts or connections

were. And I’m unclear to the details of those.

Q. Was it necessary over the three years you were

on the TURNER to supervise or be involved in the

maintenance or repair of any of these four

Westinghouse forced draft blowers?

A. Eight blowers.

Q. Eight blowers?

A. Two to each boiler.

Q. Two to each boiler. Okay.

A. And, yes, we repaired them.

Q. And would that have exposed you to asbestos, to

your knowledge?

A. The insulation portion of the removals, yes.

Q. Okay. And did that make dust?

A. Yes.

Q. Did you breathe it?

A. Yes. I —

Q. With regard to forced draft blower

Page 391

turbines, what’s a forced draft blower turbine?

A. A turbine powers the blower.

Q. Okay. But would it be fair to say that the forced

draft blower turbine is attached to the forced draft

blower?

A. The turbine is the power source to turn the

wheel, the blower wheel.

422

Q. Okay. And, again, is the turbine — so the

turbine is part of the blower. So there were eight of

them on the TURNER at that time —

A. Yes.

Q. — from Westinghouse?

MR. KATNER: Objection to form, but —

MR. REICH: Okay, I’ll re-ask that.

BY MR. REICH:

Q. How many, how many forced draft blower

turbines were there on the TURNER from

Westinghouse?

A. Eight.

Q. Okay.

Page 392

A. Yes, eight.

Q. And would it be necessary to maintain those

eight blowers and turbines?

A. Yes.

Q. And would the maintenance require handling or

disturbing any of the insulation that was on it?

A. Insulation on the turbine on the steam end on

the — yes, on the —

Q. And how frequently would that occur among the

eight?

A. Several of the blowers were relatively trouble

free and only required routine maintenance. Several

blowers seemed to be very temperamental and require

frequent maintenance.

Q. What’s a main condenser circulating pump?

423

A. You mean condensate pump?

Q. I’m sorry?

A. You mean condensate pump?

Q. Condensate or condensate pump, yes, I do,

either pump or turbine, pump connected with that.

Page 393

A. Yeah. This is a case where you had a turbine

powering a pump moving water from the condenser,

moving hot water.

Q. How many of those were on the TURNER from

Westinghouse?

MR. KATTNER: Wait. Objection to form,

asked and answered about motors.

MR. REICH: I’ll re-ask it.

BY MR. REICH:

Q. How many of these circulating pump turbines

were on the TURNER from Westinghouse?

A. That is in Exhibit 2. I need to either look at

Exhibit 2 or -—

Q. You don’t recall off the top of your head?

A. Right.

Q. What’s the purpose of that devise?

A. The condensate pump takes water from the

condenser.

Q. And what does it do with it?

A. Delivers it back into the system to make steam.

Q. Would each of the boilers require that piece of

equipment?

424

Page 394

A. It’s required to get the water that’s been

condensed in the condenser back into this closed loop

system.

Q. And would that piece of equipment require

maintenance or repair while you were on the

TURNER?

MR. KATTNER: Continuing objection. I don’t

see anything in these records suggesting that there’s

any pump supplied by Westinghouse. We may have

turbines. We may have helical gears. We may have

motors, but I don’t see anything from a pump from

Westinghouse or GE. So unless you have —

MR. REICH: Nobody is saying that those

documents are complete. It’s what we have for now. If

there are other documents that will turn up as a result

of a search at the archives, then, you know, they’ll be

evidence or they won’t be, whatever it turns out. But

I can certainly ask him from his recollection to tell us

—

MR. KATTNER: Well, to extent my client may

not have manufactured

***

Page 396

about the main condenser circulating pump turbines.

MR. KATTNER:

Okay.

That’s a different

thing.

MR. REICh: Okay.

MR. KATTNER:

about the pumps.

I thought you were asking

425

MR. REICH: Okay. I’m talking about the pump

turbines right now.

THE WITNESS: The turbine.

BY MR. REICH:

Q. Right. And how many of those do you recall —

you don’t recall how many of those there were.

A. Well, I guess there were four.

Q. Is that an estimate?

A. That is an estimate.

Q. Okay. That’s fine. And was there required to

be maintenance or repair work on these pump

turbines or turbines connected to those pumps, to your

knowledge?

MR. KATTNER: Objection to form.

WITNESS: I view the pump

Page 397

turbine combination as the piece of equipment that

requires maintenance. So whether it be the pump end

or the turbine end or turbine motor end, whatever, I

view the unit — view this as a unit.

BY MR. REICH:

Q. Okay. And was that unit insulated?

MR. KATTNER: Object to form.

THE WITNESS: Turbines were insulated, the

pump when it handling a hot media, insulated, yes.

BY MR. REICH:

Q. Okay. And was it necessary to disturb or

remove any of the insulation on the Westinghouse

turbines that were attached to those pumps?

426

A. In most cases it would have to have been.

Q. Did that make dust?

A. Any time you remove insulation, or at least in

my experience on the TURNER, any time insulation

was disturbed you got dust.

Q. And did you breathe that dust?

A. And if you were close to it and

Page 398

unfortunately I knew no better I was close to it all the

time either instructing somebody or looking,

inspecting for myself.

Q. So specifically when removing or handling the

insulation on the Westinghouse turbines attached to

these pumps did that give off dust that you breathed?

A. Removal of insulation on the pump turbine

would give of — did give off dust and I would have

breathed it.

Q. Okay. Were there any warning labels on any of

the General Electric equipment as to the dangers of

asbestos?

MR. KATTNER: Objection to form.

THE WITNESS: None.

BY MR. REICH:

Q. Were there any warning labels on the

Westinghouse equipment on the TURNER with

regards to the dangers of asbestos?

A. None.

MR. REICH: You may Redirect if you choose.

***

427

REPORT OF MATERIAL INSPECTION

OF

U.S.S. TURNER (DDR 834)

HELD

16 MAY 1957

COMMANDER DESTROYER SQUADRON

FOURTEEN

MISSION BY COMMANDER DESTROYER

DIVISION ONE HUNDRED FORTY TWO

AND U.S.S. KENNETH D. BAILEY (DDR 713)

AT

TARANTO, ITALY

428

***

III – GENERAL COMMENT

1.

The U.S.S. TURNER (DDR 834) is a destroyer

of the Gearing (692–711) class, 390 feet, 6 inches

overall lengyh, 40’10’’ beam, 3460 ton full load

displacement, twin screw, 60,000 SHP, geared turbine

drive. The vessel was built by the Bath Iron Works,

Bath Maine, and was first commissioned 12 June

1945. The last docking was 12 September 1955 in the

Philadelphia Naval Shipyard.

2.

a.

Chronological summary of activities of

the vessel since last overhaul:

MONTH AND YEAR

APR 54 – JUN 55

JUN 55 – JUL 55

JUL 55 – AUG 55

SEP 55 – OCT 55

NOV 55 – FEB 56

MAR 56 – MAY 56

JUN 56 – JUL 56

AUG 56 – OCT 56

NOV 56 – DEC 56

DEC 56 – JAN 57

JAN 57 – MAY 57

b.

EMPLOYMENT AND AREA

Shipyard Overhaul, Philadelphia, Pa.

ISL and Updeep, Newport, Rhode

Island

Refresher Training, Guantanamo

Bay Cuba

Type Training and Upkeep; restricted

availability Boston Naval Shipyard

for repair of Sonar Dome.

Operations with U.S. SIXTH Fleet

Type Training and Upkeep, Newport,

Rhode Island

Midshipman Cruise, Northern

Europe and Carribean Area.

Type Training and Upkeep, Newport,

Rhode Island

Carrier Operations, Atlantic

Type Training and Upkeep, Newport,

Rhode Island

Operations with U.S. SIXTH Fleet

Periods of inactivation, immobility or

non-naval service:

429

Date last tender availability:

April 1957

18 – 25

Number of days vessel underway since

last overhaul: 680

Number of days vessel not underway

since last overhaul: 135

Marine miles steamed since last shipyard

overhaul: 87,627

3.

c.

Prospective date of next regular

overhaul: 19 September 1957 at Boston

Naval Shipyard.

a.

Date of last InSurv Inspection: 22 March

1955

b.

Serious damage or derangement since

last Insurv Inspection:

c.

(1)

The feed water was contaminated

with oil on 7 August 1956

(2)

The tubes were out in number one

boiler on 28 April 1956

Status and Fleet assignment of vessel:

Active – Atlantic Fleet [illegible]

***

VI – MACHINERY INSTALLATION

1.

GENERAL

GENERAL

COMMENT

a. The machinery and boilers of the

USS TURNER were, in gene

[text cut off in original] in

satisfactory condition. Logs and

records were well maintained

and up to date. However, the

430

Machinery Histor [text cut off in

original] and CSMP were not up

to date. The material condition

and appearance of the enginerooms and the firerooms was in

an unsatisfactory state.

MAIN ENGINES

b. The main engines consist of two

30,000 SHP, LP and HP tur

manufactured by the General

Electric Co. Each HP and LP

turbine is connected through a

double reduction gear in a

propeller shaft.

In addition,

there are two cruising turbines

installed.

These cruising

turbines are forward and

connected to the HP turbines

through a single reduction gear.

The latest DESLANT Machinery

Inspection Report of December

1956 shows the turbines to be in

good condition. Inspection of the

latest bearing and thrust

readings revealed no indication

of an unsatisfactory condition of

the turbines. All readings are

within tolerance.

REDUCTION

GEARS

c.

LUBRICATION

d. Results of the chemical analysis

of the lubricating oil taken

March 1957 by the USS

EVERGLADES

(AD

24)

The main reduction gears consist

of two (2) sets of Delav [text cut

off in original] Co. double helical,

The

double reduction gears.

DESLANT

Machinery

Inspection Report of December

1956 show gear teeth of #1 main

reduction gear to have slight

pitting.

431

indicated oil to be in satisfactory

condition for continued use.

SHAFTING AND

PROPELLERS

e.

Vessel

last

drydocked

9

September 1955. Results of last

underwater

hull

inspection

taken 20 March 1957; 2’ of the

port bilge keel and 10’ of the

starboard bilge keel were off

because of being rolled back. No.

2 spring bearing, starboard shaft

stuffing box leaks oil evidently

from fuel oil tank B-9½-F.

MAIN

CONDENSERS

f.

The main condensers consist of

two (2) single pass conden [text

cut off in original] manufactured

by the Foster-Wheeler Corp. The

condensers in good condition.

CONDENSERS

AUXILIARY

g. There are two (2) double pass

auxiliary condensers manufa

[text cut off in original] by the

Worthington

Corp.

The

auxiliary condensers are in

satisfactory condition.

PUMPS

h. The

various

pumps

were

inspected and found to be in a

satisfactory condition with the

following exceptions:

(1) No. 1 and No. 2 Fire and

Flushing pumps experiencing

difficulty with bearings and

wearing rings. The foun [text

cut off in original] of both

pumps

were

heavility

corroded and rusted.

RECOMMEND

(a) SHIPALT

DD991D

–

Replacement of Fire and

Flushing

Pump

be

accomplished

and

foundations be replaced.

432

(2) No. 1 Evaporator Brine Pump

foundations were heavily

corroded and rusted.

(a) Replacement

foundation.

RECOMMEND

of

pump

(a) No. 3 Main Feed Pump shaft

sleeves heavily scored.

RECOMMEND

PIPING, VALES

AND FITTINGS

(a) Renewal of shaft sleeves.

i.

(1) Replacement of pipe hangers

and braces. Replacement of

HP drain system with heavier

piping and replacement of

sectic [text cut off in original]

LP drain and Bilge and

Ballast System which have

not been renewed by tenders.

RECOMMEND

LAGGING

RECOMMEND

EVAPORATORS

The piping valves and fittings

are, in general, in satisfactory

condition. The piping in the

bilges, including the HP and LP

drains and the Bilge and Ballast

System are in poor condition.

Pipe hangers and braces in the

bilges are corroded and rusted.

j.

Lagging in both firerooms and

enginerooms is in unsatisfactory

condition.

(1) Renewal of approximately

75% of lagging by Naval

Shipyard.

k. There are two (2) Griscom Russel

Co., low pressure units; one 4000

GPD and one 12000 GPD unit.

No. 1 evaporator was inspect

[text cut off in original] and

found to be in good condition.

There was no scale present

433

RECOMMEND

(1) Acid bath at the

shipyard availability.

next

D.A. FEED

TANKS

1. There are two (2) deaerating feed

tanks manufactured by the Elliot

Co. No. 1 D.A. tank was

inspected and found to be in fa

[text cut off in original]

condition. Slight trace of oil with

approximately ½ pound mud

balls was found near the suction

strainer. The oil deflectors in the

main engines have been renewed

since the last previous opening

and cleaning of the No. 1 D.A.

tank.

No trace of oil found

anywhere else in the feed water

system, therefore, presu [text cut

off in original] oil is carried over

from

the

last

time

oil

experienced in syst [text cut off

in original]

BOILERS

m. There are four (4) Babcock and

Wilcox 3 drum, express type,

divided furnace, single uptake,

superheat controlled boilers

installed operating at a pressure

of 600 psi at 850F. There a [text

cut off in original] two boilers in

each fireroom. The steaming

hours since last cleaning as of 24

March 1957:

BOILER FIRESIDES WATERSIDES

1

194.5

644.9

2

120.7

120.7

3

0.0

579.5

4

209.7

736.0

Inspection of No. 4 boiler revealed

the following defects:

434

(1) Excessive slag on deck both

on saturated and superheat

[text cut off in original]

(2) Plastic front cracked on both

sides.

(3) Back walls and slopes

spalling on both sides.

(4) Studded tubes on both sides

required patching with chr

[text cut off in original]

(5) Bailey feed water regulator

inoperative. Does not hold

water level and is not

completely connected.

(6) Drain

holes

plugged.

Leakage of fuel oil from

burners into air casing

occurs.

(7) Boiler

requires

better

preservation underneath.

(8) Superheater

inspection

plates and exonomizer not

opened [text cut off in

original] inspection.

(9) All main steam hanger

springs in poor state of

preserve due to rusting.

RECOMMEND

(a) Installation

boiler

compound injector tank

both fir [text cut off in

original]

Complete

rebricking No. 4 boiler.

UPTAKES AND

SMOKEPIPES

n. The uptakes and smokepipes

were in unsatisfactory condition

due to heavy accumulation of

dirt and dust. DESLANT Class

[text cut off in original] Item

435

DD111 – the installation of

coaming around the forced draft

intakes has been 50% completed.

(1) SHIFALT DD1098 – modify

air intake louvre for forward

smoke stack be accomplished.

RECOMMEND

FORCED DRAFT

BLOWERS

c.

There are eight Westinghouse

electric turbine driven propel

forces draft blowers.

The

blowers, in general, are in good

condition. The counterweight on

the flaps on No. 6 blower not

balanced and will not close the

flaps.

RECOMMEND

(1) SHIPALT

1047K

Modification to lube

system be accomplished.

FUEL

APPARATUS

p. The fuel apparatus, in general,

was in satisfactory condition

[text cut off in original]

REFRIGERATION

UNIT

q. There are two Carrier Model 7H5

freon 12, 2 ton capacity ea [text

cut off in original] refrigerating

units. Units were found to be on

a satisfact [text cut off in

original] condition.

However,

there was a scale on the

condenser whi [text cut off in

original] the ship’s force is

unable to clean because of lack of

equi [text cut off in original]

(1) Shipyard clean scale from the

condensers.

RECOMMEND

INSTRUMENTS

MECHANICAL

MEASURING

–

oil

r.

The instruments were, in

general,

in

satisfactory

condition.

Numerous gauges

required calibration and several

gauge glass [text cut off in

original] were broken.

436

REPAIR

EQUIPMENT

LIFTING JACK

s.

Repair equipment and lifting

jack appears to be adequate and

in satisfactory condition.

***

437

NO. 90-23333

IN RE: ASBESTOS

CASES

§

§

§

§

§

§

IN THE DISTRICT

COURT OF HARRIS

COUNTY, TEXAS

MASTER

ASBESTOS FILE

DEFENDANT WESTINGHOUSE ELECTRIC

CORPORATION'S ANSWERS AND

OBJECTIONS TO PLAINTIFFS'

INTERROGATORIES AND REQUEST FOR

PRODUCTION TO DEFENDANTS

Defendant, Westinghouse Electric Corporation

("Westinghouse") hereby responds to Plaintiffs'

Interrogatories and Request for Production to

Defendants as follows:

PRELIMINARY STATEMENT AND

GENERAL OBJECTION

The information sought in these interrogatories and

requests for production has been provided to plaintiffs

many times previously. Some of these matters have

been the subject of numerous depositions. Also,

plaintiffs' counsel have reviewed hundreds of

thousands of pages of Westinghouse documents

previously produced, as evidenced by the inclusion of

Westinghouse documents in plaintiffs' Master Exhibit

List.

Therefore, Westinghouse objects to these

discovery requests as redundant, overly broad, and

intended only to harass and waste the resources of

Westinghouse. Westinghouse respects the fact that

438

these discovery requests are in a form which has been

used in asbestos cases against defendants whose

primary business was the manufacture of asbestos

thermal insulation. For the reasons set forth below,

Westinghouse respectfully submits that this

discovery, as applied to Westinghouse, is unduly

burdensome and would require Westinghouse to

invest massive financial and manpower resources

which far outweigh the likelihood that this effort

would lead to the discovery of admissible evidence.

Westinghouse

***

s.

identify any warning labels, inserts or other

writings provided with such product and with

every such printed warning; state what

period of time it has or had accompanied the

product, the exact wording of the warning,

any amendments made to the wording, where

the warning was located on each product or

packaging, and on what asbestos products

the warning appear(ed);

t.

geographic distribution range of each such

product.

RESPONSE: See Preliminary Statement and

General Objection.

Westinghouse objects to

responding to this Interrogatory for any products not

alleged to have contributed to the injuries of plaintiffs

on the grounds that it is overly broad and unduly

burdensome and seeks information which is irrelevant

and immaterial to these proceedings and which is not

reasonably calculated to lead to the discovery of

relevant,

material

or

admissible

evidence.

Westinghouse further objects that this Interrogatory

439

is overly broad, burdensome and harassing. Subject to

and without waiving these and the foregoing General

Objection, Westinghouse responds as follows:

Because of the unlimited scope of this Interrogatory,

the number of years Westinghouse has been in

business, the size of its operations, and the way its

divisions have customarily retained and stored

records, much of the information sought by this

Interrogatory cannot be provided.

Historically,

Westinghouse has manufactured and sold equipment

and components for the generation, transmission, use

and control of electricity. Since its founding in the

1800's, Westinghouse has sold many thousands of

different products, with hundreds of thousands of

variations of those products.

Westinghouse did not mine, manufacture or sell

asbestos fiber. Where Westinghouse incorporated

asbestos into a product it was used as the best

commercially available material to satisfy a particular

need incidental to the end product being

manufactured. Consequently, it was not routinely

done.

Based upon good faith information and belief, the

following is a list of the types of products sold by

Westinghouse which at some point in time may have

contained some amount of asbestos. No attempt is

made to distinguish between these products as to the

type or amount of the asbestos fibers into the air. In

many instances, these "products" are themselves

components in other end-products. Further, only

certain variations of these products contained asbestos

during certain periods; many other variations

contained no asbestos.

440

air conditioners and compressors

armatures

brakes for motors, bridge hoists, cranes and

other industrial equipment and linings

bus ways

circuit breakers

condensers

control rod drive mechanisms

control items such as relays, contactors, arc

chutes overhead controls, and switches

CPL arrester

CRC test press

DC contractor

electronic tubes

elevators

escalators

fans

flexible laminate

floodlights, aviation lights and light fixtures

fluorescent lights

gaskets in equipment

generators

governors

heat transfer products

heating coils

high voltage incandescent lamp, 23OV

induction heating equipment and systems

JF autostarter

lighting arrestors

liquid slip regulator

mercury lamp

mercury vapor rectifier

micarta

molded line traps

441

molded parts for electrical equipment,

including:

spacer barrier

mounting or terminal blocks

electrical insulator sleeve

plug board

barrier support

coil shield

motors (split phase, traction, D.C. fractional

horse, capacitors, single phase) and

internal insulating materials

moveable building wall panels

network protectors

oxygen analyzer probe assembly

oxygen shield

power reclosures

pumps

range timer

reactor components

redactor gears

sleeving

SVS arrester

steam & gas turbines and ancillary

insulation

switchgears

tape

thermal demand meter

toasters

transducers

transformers

valves

varnish treated paper

welding electrodes

welding machines

442

wire wound resistor assembly

Upon information and belief, Westinghouse

distributed, through Westinghouse Electric Supply

Company (WESCO), a Westinghouse division,

numerous products, manufactured by Westinghouse

and other companies, some of which contained

asbestos at some points in time. The following is a list

of asbestos-containing products of other companies

that were available for sale through WESCO.

American Beauty Heater Cord

Armored Thermostat Cable

Asbestos Insulated Heat-resisting Fixture

Cord, Type AF

Asbestos Insulated Wire and Cable

Asbestos Ranger and Rheostat Wire

"Rockbestos"

Collyer Asbestos Heater Cord

General Cable Asbestos Insulted Fixture

Wire

General Cable Asbestos Insulated Flexible

Cord

Heater Cord Type HPO

Rockbestos Asbestos Varnished Cambric

Wire Types ABC and AVP

Rockbestos Asbestos-covered Nickel Cord

Rockbestos AVC Boiler Room Wire and

Cable

Rockbestos AVC Switchboard Wire

Rockbestos Heat Resisting Fixture Wire

Rockbestos Power Cable

Rockbestos Stove Wire

Rockbestos Table LH Hotbed or Industrial

Heating Cable

Thermostat Cable

443

***

Page 4

A. That is correct.

Q. How are you presently employed?

A. I am presently employed with Westinghouse.

Q. And what is your title and your position?

A. I am Design Verification Manager.

Q. Where do you work?

A. I work in Sunnyvale, Westinghouse Electric

Marine Division, Post Office Box 3499 at Sunnyvale,

California, and the zip is 94088.

Q. How long have you been

Verification Manager in that location?

Design

and

A. Seven years.

Q. And prior to that time, what did you do prior to

that time?

A. You know, it is easier if I go —

Q. Forward in time?

A. Forward in time.

Q. Let’s do that then.

A

I know I had problems last time.

I started with Westinghouse in 1953 as a design

engineer. I held that position until 1964, and I went

to Sunnyvale, that’s as a Senior Design Engineer. In

1967 I became a supervisor of turbines. In 1971 I was

Nuclear Products Manager. In 1976 I was Supervisory

Engineer on turbines. And then 1980 I became

Advisory Engineer, and

444

Page 5

then in 1985 I became Design Verification Manager.

Q. At some point in time did you begin to become

involved with marine turbines as opposed to land-base

turbines?

MR. BROWN: Let me object to the form of the

question. I don’t think he has ever testified he has

been involved with land-base turbines.

MR. WATERS: Q. Have you been involved with

land-base turbines or marine turbines throughout

your career?

A. I have only been involved with marine turbines.

Q. 1953 to ‘64, where were you working?

A. Lester, Pennsylvania.

Q. Is that a manufacturing facility?

A. Yes, it is.

Q. Did they manufacture marine turbines at that

facility?

A. Yes, they did.

Q. Do you know, have they continued

manufacture marine turbines at that facility?

to

MR. BROWN: Let me object to the form of the

question, continued since what time period?

MR. WATERS:

Since he began working in

1953.

THE WITNESS: In 1964 the marine division

was transferred to Sunnyvale.

***

445

Page 30

A. No.

Q. Just to clarify, is your response that you did not

know, or is your response that no, Westinghouse never

recommended any materials?

A. No, Westinghouse never recommended any

such materials.

Q. And what is your knowledge based on in that

regard?

A. The naval architect is responsible to cover the

turbines and the other piping insulation in the engine

room so that personnel will not be burned.

Q. And is that the case today, that responsibility of

the naval architect?

A. Yes.

Q. And was that the case in 1953?

A. Yes.

Q. Do you have any knowledge as to what was the

situation from 1910 to 1953?

A. No

Q. Does Westinghouse provide written materials

to its customers with respect to the operation and

maintenance and installation of Westinghouse marine

turbines?

A. Yes.

Q. Do those written materials make any reference

to

Page 31

the use of thermal insulation on the materials —

A. Yes.

446

Q. — turbines?

A. Yes.

Q. And do those references, or do those comments

or whatever, suggest that any type of — particular

type or composition of thermal insulation be used?

A. No.

Q. Is it your testimony that those written

materials would merely state insulation, these parts

should be insulated, or something to that effect?

A. That is correct.

Q. Have you reviewed any such written materials

in order to facilitate your understanding of that?

A. No.

Q. Is that just something you know from general

knowledge?

A. Yes.

Q. Are you aware that with respect to land-based

turbines, Westinghouse provides specifications

suggesting what particular types of insulation should

be used on the turbine?

A. No.

Q. Does Westinghouse retain any instruction

materials or manuals with respect to installation or

***

Page 47

gaskets for the moment, was there any other use of

asbestos with respect to manufacturing or

constructing Westinghouse marine turbines?

A. No.

447

Q. With respect to gaskets or asbestos containing

gaskets used in the manufacture of Westinghouse

marine turbines?

A. Yes.

Q. And where would the gaskets be used?

A. Mainly on steamlines.

Q. Did Westinghouse manufacture its own

gaskets, asbestos-containing gaskets, or did it

purchase them from someone else?

A. It purchased the gaskets.

Q. Do you know where it purchased its asbestoscontaining gaskets?

A. No.

Q. Did Westinghouse instructions for the marine

turbines call for asbestos-containing gaskets to be

used as replacement parts?

A. Yes.

Q. And in your experience, Mr. Gate, about how

frequently would it be necessary to replace gaskets

that were used on steamlines?

A. Only during overhaul or inspection.

***

448

Warren Steam Pump Company, Inc. Warren, Mass.

Date Nov. 15, 1940

Bought of

Ship Via

Westinghouse Elec. &

Mfg. Co.

150 Broadway, New

York City

74757

Purchase Order

No. A-15320-1-23-4-5-6-7 S.O. No.

F.O.B.

Terms

Fed. Ship., Cont. NOd-1433, DD445-8, DD464-6

Beth. Iron Cont. NOd-1434, Destroyers DD449-51,

DD467-9

Beth.Steel Cont. NOd-1435, Destroyers DD470-71

Fed. Ship. Cont. NOd-1503, Destroyers DD498-502

Beth. Iron Works Cont. NO-1506 – Destroyers

DD507-517

Seattle-Tacoma Shipbldg. Co. Cont. Nod 511,

DD554-68

Beth. Steel Cont. NO-1507, Destroyers DD518-525

Beth. Steel Cont. NO-1508, Destroyers DD526-543

Beth. Steel Cont. NO-1509, Destroyers DD544-549

Material on this order comes under the cognizance of

the Bureau of ships. USN.

154–

(2 per vessel) Westinghouse vertical

geared steam turbines for driving Main

Condenser Circulating pumps.

Price…………………………………$1,039,500.00

77–

(1 per vessel) sets of turbine spare parts.

Price…………………………………$146,300.00

449

77–

(1 per vessel) sets of tools, including two

(2) of special wrenches.

Price…………………………………$15,400.00

1– Set type D finished plans

Price…………………………………$240.00

Additional sets of type D finished plans shall be

furnished at $160.00 per set.

Such Copies of material for instruction books as

required by Subsection S1-1. Price included in turbine

price above.

Prices are F.O.B. South Philadelphia, Pennsylvania

with transportation allowed to Warren, Mass.

Terms:

Net 90 days.

Total net weight, each turbine

3000 lbs.

Total net weight of each set of spares

750″

Total net weight of each set of tools

and wrenches

200″

Estimated weight of Navy boxing

250″

Schedule of shipping requirements to be given later.

One shipment to start April 1, 1941.

These turbines are to be substantially duplicates of

those being furnished for Cruisers CL51. 54 on our

purchase order 57530. Slight modifications may be

necessary in order to incorporate these units into the

machinery design of the above vessels.

Fifteen (15) copies of type B detail drawings to be

submitted prior to December 1st, 1940.

These turbines are to be designed to operate with

steam pressure at turbine throttle 575 lbs./sq.in, gage

saturated and 15 lbs./sq.in., gage back pressure.

When operating with the above designed conditions,

450

turbines are to develop 305 BHP at 865 RPM of the

gear shaft, with a guaranteed steam consumption of

33.1 lbs./BHP/Hr. and to develop 138 BHP at 580 RPM

with a steam consumption of 49.5 lbs./BHP/Hr.

NOTE: Turbines to be suitable for a steam drum

pressure of 665 lbs./sq.in. gage saturated. Working

steam drum pressure shall not exceed 600 lbs./sq.in.

gage. Turbines glands shall be designed for a 35 lb.

sq.in. gage back pressure notwithstanding the fact

that the working back pressure will be 15 lbs./sq.in

gage. Turbines shall also be capable under emergency

conditions of carrying the normal rated load when

exhausting against a back pressure of 20 lbs./sq.in.

gage, other conditions being normal. Relief valves

shall be set at 25 lbs./sq.in. gage.

These turbines will all be of the same rotation but

steam and exhaust connections are to be located so as

to suit the requirements of installation on these

vessels.

In general, these turbo gear sets are to be designed for

variable speed operation and equipped with speed

limiting governors (without overspeed trip).

The turbines will be of the impulse, re-entry type. A

single disc rotor having one row of blades will be

overhung from a pinion shaft. The turbine rotor will

be a steel forging mounted on the end of a steel shaft

which also forms the pinion. The blades will be of

corrosion resisting steel set in a groove in the rotor and

fastened by pins. The gear will be double helical spur

type hobbed on a forge steel rim. The gear case will be

of steel construction and will contain the oil reservoir

in the base. The gear shaft will extend vertically down

to connect to the pump shaft by means of a rigid

451

coupling. These units shall be arranged with suitable

spigot for mounting with the pump and the gear shaft

will be required to carry a pump thrust in a downward

direction of 5500 lbs. including the weight of the pump

rotor. Lubricating oil will be supplied by an impeller

on the bottom of the pinion shaft taking suction direct

from the oil reservoir in the base of the gear cusp. The

lubricating oil system to be complete with cooler, filter,

pressure gauge, oil level gauge, thermometer, and

necessary piping. In order for the unit to line up

properly, it will be necessary for the center of the shaft

to be in the center of the counterbore circle with a

tolerance of .004″ and the finished face of the gear case

shall be at exact right angles to the turbine gear shaft

with a tolerance of .002″.

The following fittings are to be furnished with each

turbine:

1 speed limiting governor (mechanical type)

1 turbine exhaust relief valve, nominal size.

equal to nominal size of steam inlet

1 steam strainer

1 lubricating oil pressure gage

1 lubricating oil thermometer

1 lubricating oil cooler

1 lubricating oil strainer

1 lubricating oil level gage.

Necessary drain connections and drain valves

Insulation shall be furnished and installed by the

shipbuilder after installation of the units in the vessel.

Insulation and lagging shall be shown on the type B

drawings in accordance in Subsection 539-1 of the

General Specifications of Machinery.

452

All connections shall be extended a sufficient distance

beyond the lagging to allow for the completion of the

connection aboard the ship without disturbing the

insulation or the lagging.

Each set of spares to consist of the following items and

shall be in accordance with the General Specifications

for Machinery, Section [illegible]

2 sets of ball bearings

1 set of sleeve bearings

1 set of nozzle blocks

1 set of reversing chambers

1 set of governor wearing parts

2 oil cooler cores

2 oil strainer baskets

***

453

For shipyard use

PURCHASE

ORDER NO.

DATE

BATH IRON

DATE

WORKS

August 15, 1938

CORPORATION NO. DD423 & 424

BY

43034

GIBBS AND COX,

Page 1 of 6

INC.

21 WEST STREET,

NEW YORK, N.Y.

material requisition

1. PROPOSED TO BE PURCHASED FROM

Westington Electric & Mfg. Co.

Date of Quotation

7/14/38; 7/11/38; 6/27/38

Delivery Spec. in Quo. 31 wk

2. Material for Destroyers DD423 & 424 Bath Iron

Works Corporation

3. Material under Cognizance of Bureau of Engineering

……………………………

4.

Approx. Guaranteed

Job Item

Shipping Finished

No. No. Quantity Description Weight

Weight

for two

vessels

MAIN

FORCED

DRAFT

BLOWERS

Note:

Quantities

Listed are for

two vessels

1

16

Main Forced

Draft

Blowers,

horizontal

propeller

2587 lbs

each.

454

type, direct

connected

steam

turbine

driven, each

complete

with

attachments

and fittings

as listed in

Appendix B

2

8

Sets blower

controls,

each set to

control speed

of one pair of

blowers by

single

handwheel.

122 lbs

per set

3

2

Sets of spare

parts for the

above units

740 lbs

per set

4

4

Sets of tools

and special

wrenches for

the above

units

234 lbs

per set

5

2

Navy Boxing

for Item 3

325 lbs

per ship

approx.

5. Remarks:

MANUFACTURE: Westinghouse Electric & Mfg.

Co., Essington, PA

455

DD 423 and 424

Approved as

Requisition Only By

Inspector of Machinery

BATH IRON WORKS

CORPORATION

BY GIBBS AND COX, INC.

AUGUST 30, 1938

H. L. Culpepper

IMPORTANT: READ APPENDIX “A”

***

APPENDIX B

SPECIFICATION FOR

MAIN FORCED DRAFT

BLOWERS

(a) GENERAL SPECIFICATIONS: Main forced draft

blowers are to be in accordance with Bureau of

Engineering General Specifications for Machinery, as

listed in Item 8, page 2, and as approved.

(b) SPECIAL SPECIFICATIONS: Main forced draft

blowers are to be in accordance with the requirements

of Special Specifications for Propelling Machinery for

U.S. Destroyers DD423&424 and DD429to436,

inclusive, as follows:

“S53-1.

FORCED

(Dated May 1, 1934)”

DRAFT

FLOWERS

“There shall be eight identical main turbine-driven

Class C forced-draft blowers, two installed for each

boiler. Each blower shall be supplied with outside air

through a suction truck from the deck. The blowers

shall be connected to and shall discharge through

automatic balanced shutters or dampers and suitable

ducts, to the pressure space between the inner and

outer boiler casing. Positive air closure will be

required so that each blower of a pair operating on the

456

same boiler can be used independently of the other.

Provision shall be made for drawing air into the main

blower intakes from the upper part of the firerooms.

The sound characteristics, volume and pitch, of the

blower units shall be a minimum consistent with

capacity, pressure, and space factors. Sound-insulated

inlet ducts shall be furnished as specified in the detail

hull specifications. The arrangement and insulation

shall be satisfactory to the Bureau of Engineering.

The Bureau will give consideration to the

substitution of Class A (propeller type) blowers for

Class C blowers during the development of the

contract providing satisfactory sound insulation shall

have been developed for this type of blower.”

“S50. AUXILIARY TURBINES – All auxiliary

turbines, except those driving the turbo-generators,

shall be designed to give normal rated capacity at 590

pounds per sq. in. gage saturated-steam pressure at

the throttle when exhausting against a back pressure

of 15 pounds.”

“S50-1. HORIZONTAL TURBINES, GENERAL

AUXILIARY (Dated 1 Feb. 1934).” “Sizes of steam and

exhaust connections shall be as approved when the

final design is submitted of the system in which the

turbines are to be installed.”

(c) TYPE:

Class A, Horizontal Propeller, direct

connected steam turbine driven.

(d) CHANGEABILITY: All similar parts of blower

units and spare parts must be absolutely

interchangeable, so that any part may be interchanged

with a similar part without any machining or fitting.

457

(e) COMPARTMENTS: Main forced draft blowers to

be installed in two main compartments per ship.

***

SPECIFICATIONS FOR

APPENDIX B

MAIN FORCED DRAFT BLOWERS (Continued)

Note: In the event that the total steam consumption

at anyone or more of the nine capacities listed in the

vendors guarantee exceeds the total steam

consumption listed above for that particular capacity,

the vendor will pay the purchaser or allow a deduction

to be made from the purchase price, not as a penalty

but as liquidated damages at rates in accordance with

the following schedule:

Condition A, $14.30; Condition B, $7.75; Condition C,

$3.00; Condition D, $1.25; Condition E, $1.05;

Condition F, $0.40; Condition G, $0.30; Condition H

and I, none; per pound of excess steam consumption

for such excess team consumption or the vendor will

be required to make replacements to effect the steam

consumption specified at the purchaser’s option.

(k) FITTINGS: Main forced draft blowers to be

furnished complete and including with each unit:

One (1) master nozzle control valve

One (1) steam strainer

One (1) set drain valves as required

One (1) speed limiting governor

One (1) oil pressure or tachometer gage.

One (1) thermometer for lub. oil reservoir

temperature

458

One (1) oil level gauge for lub. oil reservoir

One (1) revolution indicator

One (1) lubricating oil strainer

One (1) turbine casing relief valve, nominal size

equal to nominal size of turbines steam inlet.

One (1) set lifting eyes, on all parts as required.

One (1) oil cooler.

One (1) vibrating reed hand tachometer

Control Gear: There shall be furnished with

each pair of blowers ‒

Five (5) Single mitre gears complete including

stub shaft, pins and collars.

One (1) Triple mitre gear complete including

stub shaft, pins and collars.

One (1) Indicator, bracket and handwheel

complete.

Two (2) Stuffing boxes complete.

All other required fittings and attachments will be

furnished by the purchaser, including turbine heat

insulation and layering.

(l) SPARE PARTS: Spare parts are to be furnished

for each ship in accordance with requirements of

Bureau of Engineering General Specifications for

Machinery, Subsections S53-1, S50-11 and S31-1 and

as approved. The spare part are to be listed on these

plans. After approval of Type B plans, the approved

list of spare parts will be incorporated as a supplement

to this requisition. Size, number and content of the

spare part boxes shall be identical for the two vessels.

459

1. DECLARATION OF BARRY L. CASTLEMAN

I, Barry L. Castleman, declare the following under

penalty of perjury:

1. I live at 4406 Oxford Rd., Garrett Park,

Maryland, 20896.

My education consists of a

Bachelor’s Degree in Chemical Engineering from

Johns Hopkins University 1968. I have a Master’s

Degree in Environmental Engineering, which was

mainly in areas related to air pollution control from

Johns Hopkins University, 1972. I have a Doctor of

Science Degree in Health Policy from Johns Hopkins

School of Hygiene and Public Health, 1985.

2. My professional experience goes back over 30

years in the area of asbestos and other occupational

and environmental health problems. My field is

occupational and environmental health policy, which

is a branch of Public Health, mainly oriented towards

the recognition of risk factors and the prevention of

disease from industrial activities.

3. The Doctoral degree was awarded for two years

of course work, various examinations, and the writing

of a doctoral dissertation. The course work was mainly

in the areas of toxicology, epidemiology, biostatistics,

physiology, and public health policy. These are the

tools that are used to understand how the body works

and can be damaged by toxic substances, how these

effects can be identified by means of various studies of

people, studies of animals experimentally exposed and

so on.

4. My Doctoral thesis was, Asbestos: An Historical

Case Study of Corporate Response to an Industrial

Health Hazard, and is largely identical to a book

published in 1984 by Prentice Hall. Law and Business

460

call Asbestos: Medical and Legal Aspects (now in its

5th Edition, 2005). The doctoral thesis is an historical

review of the asbestos problem as a public health

problem in society worldwide, but mainly in the

United States. It encompasses a comprehensive

review of medical literature of all kinds, as well as

other literature available in libraries and published

sources such as government publications, safety

magazines, engineering journals, trade magazines,

insurance publications, encyclopedias, popular

magazines, and newspapers. The doctoral thesis also

involved research based on unpublished government

records. The government records included workers’

compensation claims files where claims had been

made by individuals alleging that they had asbestosrelated diseases of the lungs, claims against various

companies that were their employers, some of which

companies were also manufacturers of asbestos

insulation products these individuals has used in the

course of their work.

5. In addition to published information of all

kinds, I examined files, unpublished information

available from the U.S. government archives, the

archives of scientists and the archives of institutions

that had worked for and with asbestos companies. I

also looked at unpublished information which was

obtained in legal discovery. This included trade

association minutes, corporate documents, and

testimony of corporate officials who were associated

with asbestos hazards over the years – doctors, plant

managers, executives, and other people who were

aware of events that transpired.

6. In addition to published information and

corporate knowledge that came out of mainly legal

461

discovery, I have also interviewed many elder

statesmen in the field of industrial medicine and

hygiene. They included physicians who were active in

the field of occupational medicine, such as Harold

Stewart, who first published on asbestosis in 1931,

and Alfred Angrist, who first published on asbestos

and lung cancer in 1942. They are both pathologists.

Another, Dr. Wilhelm Hueper, was a leading United

States authority in the field of occupational cancer and

first director of the environmental cancer section of the

National Cancer Institute. Dr. Irving J. Selikoff was

the leading epidemiologist and asbestos authority in

the US. Dr. Hueper, Dr. Harriet Hardy, Dr. Thomas

Mancuso, Dr. Gerrit Schepera, Dr. Richard Doll, Dr.

Morris Greenberg, and others I have interviewed were

involved in the area of asbestos and health over the

past decades.

7. My textbook Asbestos: Medical and Legal

Aspects (5th ed.) contains a section on 38 companies

and/or industry groups that were involved with the

manufacture, sale or use of asbestos-containing

materials. I have reviewed industry documents and

testimony regarding all of these entities as well as may

additional companies involved in the asbestos

industry. I have never seen any document that

discusses or suggests that the United States military

prohibited any manufacturer or Seller from warning

about asbestos or that the United States military

interfered, in any way, with a company’s decision

regarding whether to issue such warnings.

8. I have also studied and written about the

historical uses of asbestos warnings on products and

in product manuals. Once companies began to issue

asbestos warnings to product users, there is no

462

evidence that the United States military required the

removal or alteration of such warnings for products

sold to the military. In 1964, Johns-Manville (“J-M”)

was among the first companies to provide warnings

with its asbestos-containing products, namely its

asbestos insulation. During and after this time frame,

J-M sold asbestos insulation to the United States

military. In any extensive review of J-M documents,

which have included visits to the J-M archives in

Denver, Colorado, I have never seen any evidence that

J-M removed or altered the warning labels that

appeared on its asbestos insulation for sales to the

United States military. Nor have I seen any evidence

that the United States military ever requested that JM or any other company do so.

I declare under penalty of perjury that the foregoing

is true and correct.

July 18, 2008.

s/ Barry L. Castleman

Barry L. Castleman

463

HENRY HARTZ

***

Page 10

A. I finished high school in Trenton, New Jersey. I

went on to college at Lehigh University in Bethlehem,

Pennsylvania. I left with my graduating class. I did

not graduate in 1959. I was employed at that time by

DeLaval, as I stated earlier, and I left there for

military service in February of 1960. I was discharged

in 1964 and went back to work for DeLaval. So I

retained my employment rights there.

Q. Okay.

A. And I worked for them since, 44 years.

Q. When you started at Lehigh, what was your

major or —

A. Mechanical engineering.

Q And for the benefit of the ladies and gentlemen

of the jury, can you tell us what a mechanical engineer,

what sort of things do y’all study in college?

A. Interesting question. All engineering-related

courses relative to products mechanical engineers

would study.

It could be automotive, could be

structural, which is usually civil, but things of that

nature.

Q. Did you have at that time a direction that you

wanted to — how you wanted to use your ME degree?

A. At that time, no. My intent was basically to

finish. And actually what I ended up doing is I

finalized my education while I was working for

DeLaval.

***

464

Page 84

was not something we provided with the pump at that

time. You don’t want the emergency packing in the

pump if the seal is functioning properly.

Q. Can you tell us what packing is, what we’re

talking about?

A. Packing — the packing that I’m familiar with

was generally a stack of what are called rings, packing

rings that were alternate hard and soft rings. So you

had five rings of packing that made up a set. The outer

ring on both ends was a hard ring, which is like a wire

mesh or some sort of a mesh type thing, and the inner

the center ring was also this hard thing, and it was the

soft rings that were in the middle that probably: that

contained some of the asbestos fibers in the structure

of the packing.

Q. Okay. And up until what year was the packing

used routinely in the pumps?

A. Like I said, when I started in 1964, my

recollection was mechanical seals, so I don’t know

when we stopped prior to that.

Q. Okay. And at that time in ‘64, were there some

types of pumps or uses for pumps where packing was

still preferred over mechanical seals?

A. Yes, there were some.

Q. Okay. And what were those?

Page 85

A. Those were in applications where you had

heavy fuel or Bunker C oil, Number 6 oil. You were

pumping a heavy viscose fluid. Mechanical seals were

not good that type of application.

465

Q. Okay. Have mechanical seals in the design and

engineering of those caught up now where mechanical

seals can be used for all applications?

A. To my knowledge, they have been, yes.

MR. RUNYAN: Okay. The videographer

needs to change the tape, so why don’t we — I guess

we can break for lunch now, if y’all want to, to get a

jump on the crowd. We can go off the record.

VIDEOGRAPHER: We’re off the record

at 11:35 a.m.

(Recess from 11:35 a.m. to 12:43 p.m.)

VIDEOGRAPHER: We’re on the record

at 12:43 p.m.

Q. Sir, are you ready to continue?

A. Yes, I am.

Q. Great. And again, any time you need to take a

break, just let us know and we will be happy to do so.

We had left off talking a little bit, gotten into

the asbestos products or component parts that

DeLaval may have used in their pumps. And we had

talked about packing a little bit, and then I think

where we just

Page 86

left off, we were talking about mechanical seals having

replaced packing.

A. Right.

Q. With respect to the packing, you had said, I

believe, that there are some uses even after you were

there where there were — packing was still better

than mechanical seals, and then now the engineering

466

has caught up where mechanical seals can be used in

almost all applications?

A. That’s correct.

Q. With respect to the packing that was used, do

you know when the last time was that any asbestos

would have been contained in the packing with respect

to the DeLaval pumps?

A. I believe that occurred in early ‘70s.

Q. And what do you base that belief upon?

A. When the notice became pretty widespread

throughout the country, I guess, asbestos was

definitely a potential problem.

Q. So you believe the early ‘70s was the last time

any packing that contained asbestos would have been

used?

A. That’s my understanding.

Q. I think you have touched on it, but in case you

haven’t, can you tell me in the best laymen’s terms

that

***

Page 90

as part of their maintenance schedule is to go in and

replace the packing in the pumps, or how would they

— when would they come in?

A. Seals or packing?

Q. I’m sorry, packing.

A. Packing. They may set up a procedure where

they had fixed maintenance schedules, but I think

over the course of time, the Navy has learned that if

it’s still working, don’t mess with it, in laymen terms.

467

Q. Okay.

A. In other words, if it’s — you know, if you’re not

having a problem with it, even though it’s a fixed

maintenance time for other equipment or you have

access·to it and if you’re not having trouble with that,

leave it alone, as long as it’s functioning properly and

the system works properly.

Q. Did DeLaval ever give recommendations with

respect to the maintenance schedule or replacement

schedule that should be used for the packing?

A. Not to my knowledge .

Q. Where would we find that if they did?

A. If it’s in some of the old tech manuals, that

might be available.

Q. And were tech manuals — was that — I’m

assuming that’s an abbreviation for technical

manuals?

Page 91

A. That’s correct. Sorry.

Q. Were they being supplied as what the ladies and

gentlemen of the jury might refer to as a users manual

type?

A. Yes.

Q. Okay. And that would be supplied with every

pump?

A. In general on commercial, yes, you would get a

technical manual, standard technical manual with

every pump, that’s correct.

Q. Let’s discuss a little bit now the gaskets that

may have been used with respect to the DeLaval

pumps. How were gaskets utilized in their pumps?

468

A. Their face seals where end covers comes

together with a pump case where you’re going to seal

so that the product stays within the pump itself. In

general, depending on the application, you will use

plant fiber.

Q. And for the benefit of the ladies and gentlemen

of the jury, can you describe what a gasket is and why

it is used in your best laymen’s terms, please?

A. If you don’t use a gasket, if you have two metal

surfaces that come up face to face, typically it’s

uncommon to have them perfectly flat. If you had

them perfectly flat, you could probably eliminate the

gasket. But because of operating temperatures,

changes in

Page 92

temperature when you go from an ambient condition

to a normal operating condition, which is typically

elevated temperatures above ambient, it causes for

expansion of components and parts. So you can have

separation at the faces. The gaskets allow you to get

past that point as a link path. They prevent the

leakage from occurring.

When you install the units, you bolt them up

with a predetermined torque so that during operation

conditions they won’t leak during normal operating

conditions.

Q. How did DeLaval determine what the gasket

material should have been made out of?

A. It’s generally dictated by the application and

basically the least expensive component to buy that

would be available and still serve the job.

469

Q. And why would they have used one material

over another? Is there any particular reason?

A. Temperature — a high temperature application

could cause you to get into asbestos, which is better

resistant against heat.

Q. And would any part of your job duties have

concerned the use of one gasket over another?

A. As far as my job duties are concerned, no. That

was predetermined by engineering.

Q. Okay.

actual

Who would know more about those

***

470

***

Page 48

Q I’m going to ask you to turn to page 33 of that

deposition.

A

I thought you would.

Q Yes. And I’m going to have you read line 7

through line 14 .

A

Okay.

“Q

What did Mr. Bouchard tell you about his

experiences?

“A

I don’t have an answer for that. I just

don’t remember that he had any specific comments

relative to that. He just — he just said that there

was an ongoing study or an ongoing evaluation or

seeking of information to determine how asbestos

may have been used in our products.

Q

And you can stop there.

A

All right.

Q

So — strike that.

And you’ve never looked at specific documents

regarding DeLaval’s use of asbestos; you just have a

general knowledge regarding Delaval’s use of asbestos

in their products, correct?

A

That’s correct.

Q Other than the asbestos gaskets and asbestos

packing used on some of the equipment, isn’t it also

true

Page 49

that some of the customers at DeLaval would apply

asbestos to the DeLaval equipment after they received

471

it?

A

Are you talking about pumps?

Q

I’m talking about any DeLaval equipment?

A It’s my understanding that turbine division

made provisions for asbestos blankets, that’s my

understanding, which was applied by the shipyard.

Q And DeLaval knew that that was going to occur.

In other words, that the shipyard would apply that

asbestos insulation on the outside of their DeLaval

equipment?

A

Yes, sir.

Q Do you have an idea of organizations or the

technical societies in which DeLaval has been a

member?

A Specifically, no. I’m sure there’s a lot of them,

though, because they’ve been around for a long time

and they’ve been associated with the Navy for a long

time when they were in business.

Q Is it your opinion that DeLaval is involved in

most of the major technical societies?

A

I would hazard a guess to that, yes.

Q Is it your opinion that they’ve been member of

the American Petroleum Institute for a long time?

A

I suspect that they have been.

Q Do you know if DeLaval was a member of the

American Petroleum Institute when you began with

the

***

472

JOHN B. DeVRIES

***

Page 110

MR. REICH: Objection. You can answer.

THE WITNESS: Yes.

BY MR. STOKES:

Q. Is it your understanding that any material or

product that went aboard the USS TURNER was

determined by the U.S. Navy?

MR. REICH:

answer

Object.

Go ahead.

You can

THE WITNESS: Yes.

BY MR. STOKES:

Q. And that the U.S. Navy specified the use of any

materials used aboard that ship; is that right?

A. Specified and procured.

Q. And nothing could go aboard that ship without

the allowance of the U.S. Navy; is that right?

A. Yes.

Q. Were you ever present aboard the ship when it

underwent any overhauls?

A. Yes.

Q. And it's my understanding when a ship

undergoes overhauls it goes into a shipyard;

***

473

Kraft - Bullock – 3/15/06

***

Page 74

would be helpful if we go over them now then later

when your attorney might ask about it.

So with that in mind, was there a particular type of

motor that you all used generally unless spec’d out

differently or did you all use whatever the customer

spec’d out?

A. The answer is, in essence, all of the above. It

could be what the customer required. It could be just

a particular motor manufacturer that we were using

at the time that could have easily switched to

somebody else. There is no one good reason. I mean

the customer might have had a specific requirement

on the motor that only this certain manufacturer could

comply with, so we had to go that way, so it’s no one

particular reason.

Q. Would your answer be the same as regards

closed coupled pumps?

A. Yes.

Q. Okay. So, I guess sort of just in summary to sort

of help me understand better, if I understand your

testimony correctly, what motor was used could

depend on a number of factors, including what the

customer requested, what the customer

474

Page 75

needed, what the customer had and what you all may

have been using at the time depending on other

factors?

A. Well —

MR. SHAFFER: Object. Let me object as to

form. With respect to any particular order or as the

types of orders they fill?

MR. BULLOCK: Just generally. Yeah. Just

generally.

MR. SHAFFER:

Okay.

clarification, you can answer.

Subject to that

THE WITNESS: The only thing I would add to

that, or what the manufacturers could actually supply

to us.

BY MR. BULLOCK:

Q. Gotcha.

Now, as I understand it, centrifugal pumps or let me

— let me keep them broken down so that we’re being

— being specific. On a closed coupled system, when a

pump is completed by Buffalo Pumps and is prepared

to be shipped to the end user, to the customer who’s

purchasing it, is the pump always shipped assembled,

completely assembled?

Page 76

A. Yes, it is.

Q. Okay. At the time that it is shipped in a closed

coupled system, how many different gaskets would

have been installed on that particular pump?

A. It depended if it was a packed pump or – or

you’re talking gaskets?

475

Q. Gaskets only.

A. Well, it still depended if it was a packed pump

or a mechanical sealed pump.

Q. Okay. In a — in a packed pump, how many

would it have?

A. One.

Q. Now, that’s true for all closed coupled packed

pumps, centrifugal pumps, between 1950 and 1992, to

best of your knowledge?

A. To the best of my knowledge, yes.

Q. Okay. If it was a mechanical seal, closed

coupled pump, how many gaskets would it have on it?

A. Two.

Q. Now, as to a closed coupled packing pump that

has one gasket, where would that gasket

Page 77

be?

A. It would be between the casing cover and casing

joint.

Q. Okay. As to mechanical seal pump that had two

gaskets, where would gasketing be?

A. Well, the first one again would be between the

casing cover and casing joint. The second one would

be at the mechanical seal gland and the casing.

Q. Now, other than a specific request or – or let me

preface it this way: Between 1950 and 1992, other

than a specific request from a customer to use a gasket

that did not contain asbestos — let me back that up.

Was there a period of time between 1950 and 1992

that other than a request from a customer not to use

476

asbestos-containing material that asbestos-containing

gaskets were used in the manufacture of closed

coupled pumps?

MR. SHAFFER: I’ll object to the form of that

question.

BY MR. BULLOCK:

Q. Do you understand the question?

Page 78

A. No, I do not.

Q. Okay. During the period 1950 to 1992, was

asbestos gasketing used in closed coupled pumps that

were manufactured by Buffalo Pumps?

A. Yes, they were, pursuant to specifications and

other information that was supplied to us by

customers.

Q. Is your testimony that it was only placed there

as a requirement of specifications of customers?

A. No, it is not.

Q. Okay. If a customer did not specify – let me –

let me try to keep this as clean as possible.

I understand at some point Buffalo Pumps stopped

putting asbestos gasketing in their pumps unless

specifically requested by a customer, is that correct?

A. There was one instance of that.

Q. Okay. But there was a point at which Buffalo

Pumps on their own stopped using asbestos gasketing

subject to a request from a customer?

MR. SHAFFER: Objection to the form.

477

Page 79

Misstates – assumes facts not in evidence, misstates

the testimony. You can answer.

THE WITNESS: No. Buffalo Pumps – and this

is from what all these documents show you here –

began the change-out of asbestos gaskets and packing

in the early 1980s.

BY MR. BULLOCK:

Q. Okay.

A. It was not a specific customer request or

anything like that.

Q. Yeah. Okay. I’m not — that’s not what I was

trying to get at. What I’m trying to say is there was a

point at which asbestos gasketing was being used and

then there was a point at which it was not being used,

correct?

A. That is correct.

Q. Okay. Do you recall the year or the year range

in which asbestos gasketing was phased out by Buffalo

Pumps on closed coupled pumps?

A. Well, this would, also, hold true to double

suction, so I don’t –

Q. Okay. Good. All right.

A. But it began – in the early ’80s is

Page 80

when we began to phase – or the change-out.

Q. Do you recall when at what point the changeout would have been completed?

A. It was around 1985. And that reason it took to

that time was because of the United States Navy.

478

They wouldn’t allow us to replace some of the asbestos

gaskets and packing that we wanted to use.

Q. Was the decision to stop using asbestos

gasketing made at the same time as the decision to

stop using asbestos packing?

A. The decision to start the change-out was in that

same time period, yes.

Q. Okay. Now, other than product for the U.S.

Navy, was there a period of time earlier than 1985 at

which you had competed for non-Naval requests of

pumps?

A. It was during that same time period. I don’t

remember the specific date.

Q. Other than Naval specifications that required

asbestos gasketing and/or asbestos-packing, were

there any other considerations that caused the period

of time to be so long?

Page 81

MR. SHAFFER: Objection to the form.

MR. BULLOCK:

If you understand the

question, please answer it.

MR. SHAFFER: Object to the characterization.

THE WITNESS: Yes. There were not direct

replacements for the gasket. The industry – the

packing and the gasketing manufactures had not

given us suitable replacements for that. And then it

took a few years for them to come up with those

replacements.

BY MR. BULLOCK:

Q. So the persons providing – the companies

providing the gasketing material for you were

479

responding to a request from Buffalo Pumps to change

the material?

A. That was part of it. It was becoming, less

available, and they were in the process of changing –

Q. Excuse me.

A. – of coming up with those replacements.

Q. Do you know whether Buffalo Pumps

***

480

AFFIDAVIT

Arthur Faherty being duly sworn upon his oath

deposes and says:

1. I have been employed for many years in the

fields of U.S. Navy equipment, and in the applications

of U.S. Navy requirements under .military

specifications, usually referred to as mil specs and

issuances of the Secretary of the Navy and his

designees and assignees and subordinates.

2. A copy of my CV is attached hereto and

incorporated herein by reference as Exhibit A.

3. I am acquainted with the records and

documents and deposition testimony concerning

Plaintiff's exposure to asbestos in the Navy as well as

the affidavits and/or reports of Dr. Betts and Admirals

Lehman and Sargent and Captains .Lowell and Moore

and David Hobson and. the letter of Drinker on which

removal was based.

4. I have considerable experience in the

interpretation of military and Navy documents.

5. I am aware of the Navy specification for the

equipment for World War II era ships and later,

known as general specification for Machinery Sub S 11 page 2.

6. These specifications required warnings and

safety precautions.

7. I am aware of the Specifications for Shipyard

Contracts.

8. The 1936 specifications required taking of

precautions and warnings.

9. I am familiar with MIL-M-15071D which was

the military specification and its predecessors

including 15071A-C and the specifications referenced

in paragraph 5 of that document, MIL-M-15071A-D

481

are roughly the same and involve similar

requirements.

10. 15071 states that the intent of the Navy was to

accept the usual commercial manual when roughly

equivalent to the overall requirements of the Navy.

11. Mil Spec 15071-D was later succeeded by MIL15071E.

12. 15071D requires submission of the manual to

the Bureau of Ships which would then adopt the

manual as a Navy document.

13. 15071D requires manuals to contain safety

precautions (section 3.1.9. ).

14. 15071D requires that all manuals must contain

notes, cautions and warnings to emphasize critical

instructions. (Section 3.3.6)

15. included was the definition of the term

"warning" which is defined by the Navy as operating

procedures and practices which will result in personal

injury or loss of life if not correctly followed. (Section

3.3.6 (c))

16. 15071D section 3.1.7 requires instructions to

include precautions.

17. I am also familiar with Department of Navy Sec

Nav 62603.5 later Sec. NAV 5700.5 dates 1956.

18. This document is also known as Uniform.

Labeling Program for Hazardous Industrial

Chemicals and Materials, hereafter Uniform Labeling

Program and was in place when the Plaintiff entered

the Navy.

19. The Uniform Labeling Program was designed to

standardize labeling requirements for hazardous

products and provide labels to contain pertinent

information to warn users of potential dangers.

482

20. The Uniform Labeling Program applied to

Labeling of all hazardous materials throughout the

Navy.

21. The Uniform Labeling Program was not

designed to govern the type of warning labels.

22. The Navy stated that the type of labels were to

be governed by state and federal laws and regulations.

23. The Uniform Labeling Program noted that

development of new products makes it mandatory that

precautions should be taken including warning labels.

(Section 3).

24. For poisons, a skull and cross bones was to be

affixed.

25. Poison is defined as a substance with an

inherent property that tends to destroy life or impair

health. Asbestos is essentially a poison.

26. Paragraph LC of enclosure (3) defines a Class

III toxic hazard as any industrial or military material

which may be give off a. harmful, vapor, dust, fume or

mist during handling or operation. The injuries effect

may arise front one exposure (acute) or repeated

exposures over a prolonged period (chronic). The mode

of entry into the body maybe by ingestion, inhalation

or absorption through the skins.

27. Paragraph 2.a of the Uniform Labeling

Program. refers to the Warning Labeling Guide

published

by

the

Manufacturing

Chemists

Association.

28. This Guide, first published in 1946, requires

precautionary labels for harmful dust. The reference

to the guide shows the Navy's constant concern for

warnings of hazards like asbestos.

29. The only conclusion that can be drawn is that

espoused by Captains Lowell and Moore whose

483

affidavits and essential conclusions I agree with based

on my many years of experience with the Navy and

ships. These are attached as Exhibit D and E.

30. This conclusion is that by the time Plaintiff

began his Navy service on the Chilton the Navy

required warnings of the hazards of asbestos in

equipment for ships and that all claims that the Navy

would have barred or prevented warning labels are

untrue.

31. It is clear from these documents that the Navy

wanted the warnings to reach Navy personal such as

Plaintiff.

32. The Navy required manufacturers not only to

warn on the products but to supply manuals

containing warnings to each ship and precautions for

use of the product

33. Thus, when defendants sold products for use on

ships that lacked warnings that met state and federal

standards and/or the standards of the Manufacturing

Chemists or the American Conference of Government

and Industrial Hygienists this was in violation of

specific Navy directions and requirements.

34. Rather than barring warnings, the Navy

encouraged warnings, and the failure to warn of the

hazards of asbestos violates Navy requirements.

35. The failure to include warnings and safety

precautions in their manuals of their equipment

violates specific Navy requirements,

36. The claim that the Navy would have barred

warnings is thus false and without basis.

37. Some of the defense experts suggest that

because the Navy manuals contain no warnings the

Navy believed asbestos to be safe.

484

38. The fact that there is no discussion of asbestos

hazards in Navy documents suggest the Navy did not

know of asbestos hazards.

39. Asbestos was generally required on all high

heat applications.

40. In many cases the suppliers of such equipment

usually supplied asbestos product with/on/in their

equipment.

41. Suppliers of equipment to the Navy were

engaged by the Navy to participate in renovation and

overhaul of their own equipment, or that of others,

including asbestos containing parts in shipyard

repairs.

42. Suppliers of equipment frequently supplied

replacement asbestos or disturbed previously supplied

asbestos as part of their activities on ships.

43. I expect to testify, at trial, on what the Navy

archive records show about equipment supplied to the

vessel, or vessels at issue and what the records show

as individual defendants supplying original or

replacement asbestos containing equipment or

disturbing asbestos.

44. Generally, if a company supplied asbestos with

its equipment, some of that asbestos was always

present unless the record shows that the asbestos

installed by the defendants was entirely removed.

45. The removal of the entire initial asbestos never

occurred.

46. I cannot comment, in this affidavit, as to

defendants whose material I have not yet examined,

but will supplement my testimony at trial by reliance

on the documents from the archives.

47. I am also prepared to discuss the use of asbestos

on Navy ships.

485

/s/ Arthur Faherty

Arthur Faherty

Sworn to and subscribed

Before me this 14th day of

June, 2013

/s/ N.S. BAE

NOTARY PUBLIC

N.S. BAE

486

IN THE COURT OF COMMON

PLEASPHILADELPHIA COUNTY,

PENNSYLVANIA

KENNETH E. McAFEE : OCTOBER TERM,

and SHIRLEY McAFEE, : 2013

h/w

:

:

vs.

:

20th CENTURY GLOVE

:

CORPORATION OF

:

TEXAS

:

a/k/a Guard Line, Inc.,

:

NO. 205

et al.

:

-

-

-

THURSDAY, OCTOBER 24, 2013

VOLUME I

-

-

-

Oral deposition of KENNETH E. McAFEE, was

held at Courtyard Glassboro-Rowan University, 325

Rowan

Boulevard,

Glassboro,

New

Jersey,

commencing at 10:30 a.m., on the above date, before

Deborah A. Brazukas, a Registered Professional

Reporter, Certified Shorthand Reporter of New Jersey,

License No. XI 01938, and Notary Public.

MAGNA LEGAL SERVICES

(866) 624-6221

www.MagnaLS.com

487

***

Page 34

from — where did you graduate from high school?

A. Fort Worth, Texas.

Q. And what years?

A. 1967.

Q. Okay. Did you go to college right after that?

A. Yes.

Q. Okay. And what — what college did you attend?

A. Tarrant County Community College.

Q. And did you complete any degree?

A. No.

Q. Okay. What was your course work? What were

you focusing on?

A. General studies.

Q. General studies, okay. Were you full-time?

A. Yes.

Q. And at some point you entered the U.S. Navy?

A. Yes.

Q. Okay. What year did you enter the U.S. Navy?

Page 35

A. 1969.

Q. So from — from high school, you went to college

for a couple years, and then you entered the Navy after

that?

A. Yes.

Q. Okay. Were you drafted or did you — did you

enlist?

488

A. Well, I actually had a draft notice, but I

enlisted.

Q. Okay. Where did you go for basic training, sir?

A. Orlando, Florida.

Q. And how long was basic training?

A. Eight weeks.

Q. And where — what was your next station —

where were you stationed next after basic training?

A. Newport, Rhode Island.

Q. And what were you doing in Newport, Rhode

Island?

A. I was aboard a ship.

Q. So you went right from basic right onto —

onboard ship?

A. Yes.

Page 36

Q. Okay. And what ship were you assigned to, sir?

A. USS Voge.

Q. V-O-G-E?

A. Yes.

Q. What kind of ship is the USS Voge?

A. At that time, it was classified as a destroyer

escort. Classification changed in later years to a fast

frigate.

Q. Was — did at this time change while you were

on the ship?

A. No.

Q. How long were you aboard the USS Voge?

A. From ‘69 to ‘71.

489

Q. Did you have any specialization aboard ship?

What was your — what were your job duties on the

ship?

A. At that time, I was a — I went aboard as an E2.

And it’s basically, ship maintenance.

Q. And what was your title? Were you a bosun?

Page 37

A. Seaman apprentice at that time.

Q. Okay. So you would have been on — was it

about — well, what year or what month did you get

onboard ship, if you remember, or what — what time

of the year, what season was it?

A. It was in the summer, July, I believe.

Q. July.

How long were you — do you know what month

you left the ship?

A. No. I really don’t.

Q. Okay. So would it have been about — about two

years you were onboard the ship?

A. Just about. Just about.

Q. Okay. When you say you performed ship —

were you a — I thought I saw a BM2. Is that a boats

—

A. Yes.

Q. — boatswain?

A. Boatswain’s mate, yes.

Q. Boatswain’s mate?

A. Yeah.

490

Page 38

Q. Did you have a primary location where you were

stationed to perform your duties onboard the ship?

A. No. It was throughout the ship, maintenance

throughout the ship.

Q. Okay. So what kind of maintenance were you

doing onboard the ship?

A. Painting, chipping paint, repairing rust spots,

general cleaning, maintaining the anchor system. We

also at that time were standing watches on the bridge,

steering the ship at sea, standing lookout watches.

Q. Is this all above deck?

A. Some below deck.

Q. Okay. Where were you below deck?

A. As low as the forward anchor, anchor chain

locker, which is the very bottom of the ship, and as far

aft as the after steering compartment.

Q. Okay. Did you ever have any duties in any of

the engineering spaces aboard the ship?

A. Not at that time.

Page 39

Q. Okay. So in 1969, sir, was there — how often

would you be below deck versus up above deck, if you

can estimate?

A. Probably half and half.

Q. Do you know the USS Voge, do you know when

that — do you know when it was constructed?

A. No, sir.

Q. Do you know if it was used during — was it a

World War II ship?

491

A. No, it was not World War II, I know that.

Q. Okay. Were there — when you were below deck,

were there insulation on pipes running through the

ship?

A. Yes.

Q. Okay. Did you ever have to work with any of

that?

A. No.

Q. Were you ever below deck when the ship was on

a training exercise or anything like that?

A. Yes.

Q. Okay. What kind of guns did the

Page 40

ship have?

A. That ship had five-inch 38s, and ASROC.

Q. I’m not familiar. What’s an ASROC?

A. Anti-submarine rockets.

Q. Okay. Thank you.

When those guns were fired, did that — the

whole ship shake?

A. Yes.

Q. How about when the ASRAC —

A. ASROC.

Q. — ASROC was fired — sorry. You can tell I

never served in the Navy — did that cause any

vibrations in the ship?

A. It caused some, but not as much as the guns.

492

Q. How often were you aboard that ship for that

almost two years you were there where you were below

deck and the guns were fired?

A. When the guns were fired, I was below deck all

of the time, except for when I got reassigned to one of

the gun mounts. And

Page 41

the latter part of my career onboard that ship, I was

assigned to the forward gun, five inch 38. So I wasn’t

below deck then. I was on deck in the gun mount.

Q. Okay. So almost the — in the almost two years

you spent there, how much time would you have been

assigned to the gun mount versus below deck? Was it

half and half or —

A. No.

Q. — more below deck?

A. Doing — for the gun mount time, I was only —

only probably six months out of the time I was there I

was in the gun mount. The rest of the time I was below

deck when we fired the guns.

Q. Okay. When — when the guns were fired and

you were below deck, that — you’d see dust and that

sort of thing come off the ship and off the pipe covering

and off the different pieces of equipment that were

down below?

A. Yes.

Q. Would you have breathed that

***

Page 46

A. Guard.

493

Q. Guard?

A. Guard.

Q. G —

A. G-U-A-R-D.

Q. Did the tag say anything other than Guard and

asbestos?

A. It had the — where it was made. A series of

numbers too. I couldn’t remember the numbers.

Q. Okay. Fair enough.

How long would a pair of gloves last?

A. I have no idea. I know they lasted the whole

time I was aboard.

Q. Okay. Were these gloves dusty at all?

A. Yes.

Q. How — how would you — how would they create

dust?

A. You — it would create dust when you put them

on, and even when you take them off it would create

dust. When you simulate opening a hatch, you had to

use those gloves

Page 47

to open that hatch so you wouldn’t get burned. And the

minute you touch it, you know, touch that handle and

start operating, dust would come off of it.

Q. Okay. Other than possibly the insulation

onboard the ship and the gloves, do you believe you

had any other exposure to asbestos aboard the USS

Voge?

A. Not that I know of.

494

Q. What was the next ship you were assigned to,

sir?

A. I went from the Voge to the USS Davis.

Q. And that was in ‘71?

A. Uh-huh.

Q. And —

A. Yes.

Q. Sorry.

A. Yes, sir.

Q. And how long were you aboard the Davis?

A. Approximately two years.

Q. So until about ‘73?

A. Well, actually, it was less than

Page 48

that. It was actually — I left — I left the Davis in ‘72.

Q. Okay. And what kind of ship is the USS Davis?

A. It’s a destroyer.

Q. And what was your title aboard the USS Davis?

A. I was a BM2 then, boatswain’s mate.

Q. Okay. Did you have the same general duties as

you had aboard the USS Voge?

A. With the exception of in a supervisory position

at that time.

Q. Okay.

A. And was added to — to the job title as a rigger.

We did a lot of rigging aboard the ship.

Q. Can I — I’m sorry, Mr. McAfee —

A. McAfee.

495

Q. — sorry, let me back up a step. I just thought

of something about the USS Voge.

While you were aboard the USS

Page 49

Voge — and I’ll try and let you know when I’m

switching gears — did the ship ever go into dry dock

for any overhauls?

A. Not while I was aboard, no.

Q. Okay. Back to the Davis.

A. Okay.

Q. So your duties were similar, except that you

were — you’re more supervising other younger sailors?

A. Yes.

Q. Okay.

So you would have done general

cleaning, maintaining the anchor, you stood watch,

were steering the ship, all those sorts of duties?

A. Yes.

Q. Again, were most of those above deck?

A. The rigging part —

Q. Well, let me rephrase that. I apologize.

Were at least half of those above deck?

A. Yes.

Q. Okay. I apologize for – go

Page 50

ahead, the rigging part.

A. The rigging part, most of the rigging part was

done below deck.

Q. Okay. And what would you be rigging? Like —

496

A. If the engineers had to work on engines or

something, they would — and they had to remove a

part, we would have to go in and rig that part out of

its position for them to — to repair so they could do the

work on them.

Q. Okay.

So this would have been in the

engineering spaces?

A. Engineering spaces sometimes.

Q. Okay. How much of your work was rigging

versus the other work you did?

A. Probably the rigging was probably one third of

the — the work. Two-thirds was the other work.

Q. Okay. Is it fair to say that as a BM2, the nonrigging work would have — you would have not been

in — if that makes any sense. As a BM2, you would

have not been in the engineering spaces other than

when you

Page 51

were performing rigging work?

A. Yes.

Q. Okay. What kinds of equipment did you have to

help rig up to — to move?

A. Compressors,

electronics.

pumps,

gyros,

engines,

Q. And why would these pieces of equipment need

to be moved?

A. If they were doing repairs on them, it depends

on what they were taking out, you know. If they had

to be separated — if the engine had to be separated

from a pump, we had to rig — we had to rig it away

497

from that — had to rig the pump away from the engine

so they could repair it.

Q. Okay. If this — while this work was being done,

was the ship underway or was it in port?

A. Sometimes it was underway; sometimes we did

it in port. Depends on when it happened. If it

happened at sea, while we were at sea, then naturally,

we would do it while we were at sea if it had to be done,

if

Page 52

it was something that could not wait until we got back

in port.

Q. Okay. So if it was an emergency, you would do

it at sea; otherwise —

A. Yes.

Q. Sorry.

A. I’m sorry.

Q. No. It’s all right.

— otherwise you would wait until you got back

to port to do the repairs?

A. Yes.

Q. Do you — what kind of repairs were done on

these pieces of equipment, if you know?

A. Well, I know some of it was repacking impellers;

some was pulling the heads off of a diesel engine;

replacing gaskets; I know a couple of times, they were

replacing pistons.

Q. Okay. And how would it work, sir? Would you

go down there, rig the piece of equipment up, have it

498

moved, and then leave while the repairs were done and

then come back and put it back in place?

Page 53

A. It depends on how long it was going to take to

do the work. In some cases, we — we stayed because

the danger of where — the part that we rigged off, we

couldn’t stabilize it. We’d have to be there to stay and

make sure it didn’t get in the way of anybody else.

Q. Okay.

A. And in some cases, we could rig it off and place

it in a different place and then we could leave and then

come back.

Q. All right. Do you believe any of the work you

did as a rigger would have exposed you to any

asbestos?

A. Not aboard the Davis.

Q. Okay.

A. In other places, other — other ships it was.

Q. Later in your career?

A. Yes.

Q. Okay. We’ll get there.

Okay. The Davis, were you onboard that ship

when the guns were fired during exercises?

***

Page 58

A. Yes.

Q. And then sweep it up?

A. Yes.

499

Q. With just a brush and a — with a broom and a

— and a dust pan?

A. Yes.

Q. Okay. Was that a dusty process?

A. Yes.

Q. Okay. And were you present when this work

was done?

A. Yes.

Q. Okay. And did that happen pretty regularly?

A. Especially in Vietnam, yes.

Q. Okay. And you would have breathed that dust

when you were supervising the men?

A. Yes.

Q. How long was the Davis stationed in Vietnam?

A. The ship was actually there until I think it was

— I believe March or April of ‘73. However, I — I got

transferred in October of ‘72.

Page 59

Q. Okay.

So you left the Voge around

approximately July and you were aboard the Davis in

approximately October of ‘72?

A. I left the Davis.

Q. I’m sorry, right.

And you were aboard in approximately July of

‘71?

A. Yes.

Q. And it was over there in Vietnam the whole

time?

A. Yes.

500

Q. Okay. Where was the port? What was the home

port for the Davis?

A. Newport, Newport, Rhode Island also.

Q. Was — the time you were aboard the Davis, did

it undergo any overhauls?

A. We did minor overhauls, but we were not in dry

dock.

Q. Okay. Where was that overhaul?

A. In Boston Naval Shipyard.

Q. When you say a minor, what was done to the

ship?

A. They reconstructed the – the

Page 60

superstructure. It was a — the superstructure at one

time was — was open. The main deck was open all the

way up and down the superstructure. They enclosed

part of it all the way down to — from one part of the

superstructure all the way down on the main deck up

to the 01 level.

Q. Okay.

A. They enclosed all that area, so it was not

exposed to the weather like it used to be. They also

added the — the five-inch 54 guns and the ASROC and

re — and moved the torpedo tubes from the main deck

up to the O2 level. So we didn’t need to go in dry dock

to do that, but they...

Q. Was any work done in the engineering spaces

during this minor overhaul?

A. Not that I was involved in.

501

Q. Okay. Do you know if your — what was your —

did you have any role at all while the ship was being

overhauled?

A. Yes. We still had to do our normal routine. We

still had to maintain all

Page 61

the parts of the ship that we did. Our maintenance

work continued. When it went on, we still had to do

that.

Q. Okay. Were you involved in any rigging of any

of the equipment during the overhaul, or was that all

—

A. That — that was done by shipyard workers at

the time.

Q. Okay. So in October of ‘72, you leave the Davis

and you go to the USS Yosemite?

A. Yes.

Q. And what kind of ship is the USS Yosemite?

A. It’s a destroyer tender.

Q. And how long were you aboard that ship, sir?

A. Until October ‘74.

Q. So two full years?

A. Yes.

Q. And where was the home port for the Yosemite?

A. Mayport, Florida.

Q. Was that — was that ship

Page 62

involved in any combat?

A. No.

502

Q. Did you have similar duties aboard the

Yosemite as you had aboard the Davis?

A. Yes.

Q. Okay. So you were supervising younger sailors?

A. Yes.

Q. Okay. Did they perform the same duties you

previously described?

A. Yes.

Q. I’m trying to short circuit it.

Did you work as a rigger aboard the USS

Yosemite?

A. Yes.

Q. How much of your time was spent being a rigger

versus your other duties?

A. About the same, rigger, about one third.

Q. Okay. Do you believe any of your work as a

rigger would have exposed you to any asbestos?

A. Yes.

Page 63

Q. Okay. And can you tell me how?

A. Well, one instance I — I distinctly remember,

we were — we were rigging a small generator from its

— from its position. And we had to — the beam clamps

up, the chain fall rubbed up against some steam

piping, and it emitted dust. We believe that it was

asbestos.

Q. Okay. Was this below deck?

A. Yes.

503

Q. Okay. And just so I understand what you’re

saying, you were removing a generator, a smaller

generator?

A. Smaller.

Q. And some of the chaining you used to move the

— to rig the generator rubbed up against some steam

pipes?

A. Yes.

Q. Did that just brush up against it, or did it knock

the insulation off?

A. It actually rubbed a slot right in.

Q. Oh, okay.

A. Yes. And it ripped — ripped

Page 64

part of the lagging, opened it up.

Q. Okay.

A. To where it emitted dust.

Q. Okay. And how big an area were you in when

this happened?

A. It was actually a large area. It wasn’t confined,

the space — the part of the engine — we were in the

after part of the engine room, where we were.

Q. Were you — how close were you to the lagging

when it ripped open and the dust was emitted?

A. It was right above us.

Q. Okay.

A. Right above us.

Q. Did you have to clean up that pipe covering?

A. Yes.

504

Q. And, sir, when I say you, I mean did your crews

have to clean that up while you were present?

A. Yes.

Q. I’m sorry. I should be more specific.

Page 65

Did they use the — did your crews use foxtails

and dust pans?

A. Yes.

Q. And that made dust?

A. Yes.

Q. And you were present?

A. Yes.

Q. And you would breathe that dust?

A. Yes.

Q. All right. Do you know who made the pipe

covering? Do you remember any names of any of the

manufacturers of any of the pipe covering onboard any

of the ships you served on?

A. No, sir, I don’t.

Q. Okay. Other than that one instance involving

the pipe covering while you were rigging that small

generator, do you believe any other time you were

working as a rigger you were exposed to any asbestos?

A. Not aboard the Yosemite.

MR. PRESENT: Okay. Can we take a short

break now for a little bit?

MR. ADAMS: Sure.

***

505

Page 74

on your crew?

A. Sixteen.

Q. In October of ‘74, you moved to a different ship?

A. No. I went to recruiting duty.

Q. Oh, okay.

A. And left ashore. I was onshore.

Q. And how long were you involved in the

recruiting duty in Philadelphia?

A. Three years.

Q. So until approximately ‘77?

A. Yes.

Q. Do you know what month you ended the

recruiting duties?

A. Must have been October.

Q. Okay.

A. Of ‘77.

Q.

Okay. And were you living on — in base

housing at the time you were doing recruiting?

A. Part of the time I was. And — well, when I met

my wife, we moved out of base housing to Clayton.

Q. Okay. And we already talked

Page 75

about Clayton, I think.

A. Right.

Q. All right. Do you believe you had any exposure

to asbestos while you were performing your duties as

a recruiter from October of ‘74 through October of ‘77?

506

A. No.

Q. And then were you reassigned to a new ship in

October of ‘77?

A. No. We went — I went to Guantanamo Bay,

Cuba.

Q. And what were you doing in Guantanamo Bay,

Cuba?

A. I was a tug master.

Q. And what’s a tug master?

A. The skipper of a tugboat.

Q. Did you have any training for that?

A. Yes.

Q. Okay. Where did you do that training?

A. In Guantanamo Bay, Cuba.

Q. Okay. Was it basically on-the-job training?

Page 76

A. Yes.

Q. Okay. How long were you assigned as a tug

master at Guantanamo Bay?

A. The full-time I was there, from ‘77 to ‘80.

Q. Do you know what month in 1980?

A. I know I left in October of ‘80.

Q. Okay. So was it three full years?

A. Yes.

Q. And what were your duties as a tug master?

A. Well, I was responsible for assisting the

training — the ships that came down for training.

That’s a training base. When they came down for

training, assisting them to and from the docks and

507

maintaining that tugboat was my main thing. I had a

crew of eight people. And we had to do it all.

Q. Okay. Let me back up a step, so I understand.

The tugboat basically helps the ships get into port and

out of port?

A. Yes.

Q. Okay. So that’s what you meant

Page 77

by assisting in —

A. Right.

Q. All right. And it was you and eight people

aboard the ship?

A. Yes.

Q. What kind of — you said you had to maintain

the ship?

A. Yes.

Q. Okay. What kind of work did you have to do on

the tugboat?

A. Rigging. We had to actually help repair engines

or any — any component that went down aboard that

tug, we had to do it ourselves.

Q. Okay.

A. It was just eight people, one engineer. And so

we all had to do the work to do that. We also had to do

the regular cleanups, the regular maintenance of the

— of the rust or anything that broke, any engine parts

that broke, any repairs to the engines, to the

generators, to the pumps, to the brakes. We had to do

it all.

Q. Okay. Do you believe any of your

508

Page 78

work exposed you to any asbestos?

A. Yes.

Q. Okay. And how so, sir?

A. Well, when we — as I was explaining before, we

had to do all of the work.

Q. Okay.

A. The engineer — we were under the guidance of

the engineer that was there. But he explained to us

and showed us how to do things. For instance,

repacking the impeller that was leaking from a

freshwater pump. We had to — we had to take the old

packing out, put new packing in. The brakes on the

shaft, it had air — air brakes on that shaft. On the

tugboat, when you stop the engine, you don’t want it

to keep turning, you don’t want the propellers to keep

turning. So it’s equipped with an air brake. Air brakes

have to engage, and we have to work — make sure

those brakes work all the time. So we had to replace

the brakes. One time we replaced a piston. We

replaced generators, air compressors.

The air

compressors are the

Page 79

ones that would fill up the bags for the brakes and ran

the horn on the ship. We had to — we had to do all of

that work ourselves.

Q. Okay. Let me take them one at a time. Okay?

A. Okay. Sure.

Q. And I’ll ask you about each one.

When you say repacking the impeller, was that

the drive shaft for the ship, or is that for a pump or —

509

A. That’s for — for a freshwater pump.

Q. Okay. And what was the freshwater feeding

into?

A. Fresh — into supply on that — on that ship.

Q. For drinking water?

A. Yes.

Q. Okay.

A. For drinking water.

Q. So it was for potable water?

A. Yes.

Q. Okay. And how often do you have

Page 80

to repack that impeller? Was it a one-time occasion, or

did it happen more than once?

A. It happened more than once.

Q. Okay. How many times?

A. Not on the same freshwater pump, but probably

during the three years, I probably replaced packing in

that thing probably five times, you know, different —

different ones. We had two freshwater pumps onboard.

So it wasn’t the same one that went down all the time.

Q. Okay. Were those pumps ever replaced or was

it the same two pumps the entire time?

A. Same two pumps. We didn’t replace the pumps.

Q. So out of both — in taking into consideration

both pumps, you changed the packing five times total?

A. Approximately five times.

Q. Approximately five times. Fair enough.

And — and this is for drinking water?

510

Page 81

A. Yes.

Q. So it’s room temperature, or is it chilled or —

the water?

A. It’s — they did have a chilling factory on there,

but it didn’t always work and we didn’t care about

that.

Q. Sure.

A. We just wanted to make sure we had water

pumping to the water fountains where we could get

water.

Q. All right.

application?

So this isn’t a high heat or —

A. Not high heat, but it was — it was hot, yes.

Q. What was hot?

A. The — you mean the water that’s coming

through that you mean?

Q. Yes.

A. Because — yes. Yes. It’s from — we have a

potable tank onboard.

Q. Okay.

A. And that’s where the water was, in this tank.

And the pump pumped the water from that tank to

reservoirs for — for us.

***

Page 122

A. No.

Q. Do you know who made the gasket that was put

back on?

511

A. No.

Q. Okay. I think we talked about all the ways that

you initially told me you believe you worked on the

tugboat that would have exposed you to asbestos. Is

there any other way you can think of working on that

tugboat that would have exposed you to asbestos that

we haven’t already spoken about?

A. No.

Q. How — I mean, you were — were you the

captain of the tugboat?

A. Yes.

Q. Okay. And I mean, how often would you need

to do repair — any kind of repairs? I mean, was that

something that happened daily, or was that something

that happened once a week or —

A. It happened an awful lot in the three years.

That’s all I can say. It happened a lot. It was always

something

Page 123

going down on that bottom. As I — as I explained

before, this was — this was a — this was a training

base. Every morning, 6 o’clock in the morning, 15, 16,

17 ships get underway. So you have to get them out to

sea. And then they’d come back again at 6 o’clock at

night, we’d get them back in. So those boats get a lot

of workout. And things happen, and you have to keep

them up or else the ships don’t move.

Q. Okay. Fair enough.

A. Sometimes we work all night long sometimes

just to get these things going.

Q. So it would be ready for —

512

A. So it would be ready —

Q. — the next day?

A. — the next day.

Q. Okay. Fair enough.

So we left off in October of ‘80 when you left

Guantanamo Bay.

A. Right.

Q. Where were you assigned when you left?

A. When we left Guantanamo, I went

Page 124

to — let’s see. I went to the — to the Butte.

Q. Butte, B-U-T-T-E?

A. Yes.

Q. What kind of ship is the USS Butte?

A. Ammunition ship.

Q. So does that mean it’s a ship that would supply

other ships in the Navy with ammunition —

A. Yes.

Q. — for their guns?

A. Yes.

Q. Okay. And how long were you aboard the USS

Butte?

A. Eighteen months.

Q. So October 1980 through April ‘82?

A. Yes.

Q. Wait. No. That would be — oh, no, that’s —

A. Yeah. Because I left there and I went to

Philadelphia Navy shipyard on another tugboat.

513

Page 125

Q. Okay. So what were your duties aboard the

USS Butte?

A. I was in charge of the second division, which

was responsible for the rigging of the transfer stations

where we would transfer the ammunition.

Q. Okay. So you would be responsible for getting

the ammunition rigged up so it could be moved from

the ammunition ship to whatever ship you were

supplying?

A. Yes.

Q. Did you —

A. Staging it, staging it and the maintenance on

the transfer station.

Q. Well, what’s a transfer station?

A. It’s — it’s a lift that would lift up, lift

ammunition up, and we send a wire across to the other

ship. And the ammunition travels on that wire across

to the other ship. There’s a control station that — just

like a crane operator would operate to hoist it, to send

it across, and to bring it back.

Q. What kind of maintenance was

Page 126

required for the area you worked in?

A. We had to maintain the wire. That wire was

under a lot of tension, so we had to keep it rust-free.

And we had to repair the — maintain the — the lift

mechanism. We had to repair, maintain the station

where the operator would sit, make sure all the gears

worked and everything worked there electronically.

And we also had to make sure that the station area

514

was clear, safety — safety lines were put up, where

nobody could — could enter the station while we were

in operation.

Q. Okay. Do you believe any of your work aboard

the USS Butte in charge of the second division exposed

you to any asbestos?

A. I can’t say for sure, but I know it had a braking

system on it that emitted dust.

Q. Okay. On the — on the —

A. On the tower. The tower had a braking system

on there that emitted dust. But I never had to do

anything with that, with the — with the repair of that.

This

Page 127

was another ship that had the people to do that, so we

didn’t have to do it. The only thing I was required to

do was rig the station, send the stuff across, and bring

it back, and get — get the ammunition staged. But I

know that braking system did emit dust. So I don’t

know what kind of — you know, I can’t say for sure.

Q. Okay. And that’s fine.

Is this braking system located on the tower that

—

A. Yes, on the tower.

Q. Okay. So it’s up above the ship?

A. Right. It runs like a worm gear.

Q. Oh, I see.

A. Up and then it got — when you lift the tower up

itself, it slides between an opening like and the tower

slides up between there. And when you want to stop it,

515

it brakes — the brakes move into it to stop the tower

at the height that you want it to be.

Q. Okay.

A. You had to put it at different

Page 128

heights, depending on what kind of ship you were

sending to.

Q. I see.

So where were the brakes, were these down

close to the deck or were these up, higher up?

A. You had — you had — you had two space. You

had one at — two at — you had the brakes at the

bottom and you had the brakes at the top, at the top,

by the tower. Now, even though — even though you

may extend higher, but the braking system stopped at

the height of the tower.

Q. Okay. And do you know who made those brakes

on that system?

A. No, sir, I don’t.

Q. Okay. Even though you didn’t have to do the

work, were you ever present when anybody else did

any repairs to the brakes?

A. No, sir.

Q. Okay. Would the dust be made each time you

had to use the brakes?

A. Every time that thing stopped,

Page 129

dust would emit, yes.

516

Q. All right. And how many people — you said you

were in charge of this — the second division?

A. Second division, yes.

Q. How many people were you in charge of?

A. Thirty-two.

Q. Thirty-two.

And were — all 32 people have some kind of job

to perform whenever ammunition was being

transferred?

A. Yes. Unless we were only running one station.

If we were running two stations, then I needed

everybody.

Q. Okay.

A. If we were only running one station, only half of

them.

Q. I see. So 16 person —

A. Yes.

Q. Sixteen —

A. Per station.

Q. Per station, right.

All right. Actually, your —

Page 130

have we — all right. So then other than the brakes, is

there anything else that you believe may have exposed

you to asbestos aboard the USS Butte?

A. No.

Q. The next ship on this document, which your

plaintiff — which your attorney was kind enough to

517

remind me I had sitting in front of me, was the USS

Nitro. Was that the next ship you served on?

A. Right. Right.

Q. It shows from 1986 to 1989 —

A. Uh-huh.

Q. — is that correct?

A. Yes.

Q. So what did you do between 1982 to 1986?

A. I was at the Philadelphia Naval Shipyard.

Q. Okay.

A. Running another tugboat.

Q. Do you remember, in April or May of ‘82 you left

to go back to — sorry, you didn’t go back — you went

to the

Page 131

Philadelphia Naval Shipyard. What month did you

leave in ‘86? Do you know?

A. I believe it was May.

Q. So you would have been about four full years at

— running a tugboat at the Philadelphia Naval

Shipyard?

A. Yes.

Q. Were you again a captain?

A. Yes.

Q. Okay. What was the name of the ship?

A. It was YTM-801 Commodore.

MR. MIRABILE:

reporter read that back.

I’m sorry, could the court

518

(Whereupon, the court reporter read back the

record as requested.)

BY MR. ADAMS:

Q. Was Commodore the name of the ship?

A. Yes.

Q. All right. Did you have duties similar to the

duties you described when you were at Guantanamo

Bay?

A. Exactly the same.

Page 132

Q. Okay. Did you ever have to replace packing on

impellers aboard the Commodore?

A. I don’t remember doing that.

Q. Did you ever have to change head gaskets on the

compressors aboard the commodore?

A. Yes.

Q. Was it the same process?

A. Yes.

Q. Was it the same — was it the same kind of ship?

I mean the dimensions of the head gaskets were the

same and everything —

A. Yeah.

Q. — or is it slightly different?

A. The head gaskets were the same, but this is an

older — older tugboat than the 820, and a smaller one.

This one’s — this one was only about 90 foot long; 820

was 110 foot.

Q. Okay. How often — did you personally remove

the head gaskets from — from the compressors aboard

the Commodore?

519

Page 133

A. Same as — just like we did on the — on the

other one, yes.

Q. Okay. Was this something that happened often

or not as frequently as aboard the other tugboat?

A. I was actually there longer than I was the other

one. So this one was many times too. There’s many

times. Because the system — the whole system on this

older tug was — was manufactured by the shipyard

personnel, because this tug didn’t really have all the

modern conveniences as 820 had. It was a lot older. So

they had to put air brakes on. They had to put the

remote throttles on. All that had to be put on. They

put the new — new compressors on because of the

shaft brake. It didn’t — the old one didn’t have that.

They had to put all that on. So that was all

manufactured by the shipyard. And then they turned

it over to us to maintain. So we had to maintain.

So the first — first year or so we didn’t have a

whole lot to do on it other than the regular

maintenance. After

***

Page 138

where we could avoid stuff like that. The commodore

was a lot smaller. And sometimes you couldn’t avoid

the chain fall rubbing against something.

Q. Okay. When you say chain fall, is that the

rigging, the chains used for rigging different

equipment?

A. Yes.

Q. Do you know if the pipe covering aboard the

Commodore contained asbestos?

520

A. No, sir.

Q. When was the — when was the tug overhauled

that it had all this new stuff added, the air brakes and

the remote, if you know?

A. See I — I got there in ‘86, so — no. I got there

in —

Q. ‘82.

A. — ‘82. It was — it was in — in dry dock when I

got there so —

Q. Okay.

A. — so they were in the process of working on it

then.

Q. So it got an overhaul in 1982 at

Page 139

some point?

A. Some — somewhere around that time.

Q. Okay.

A. I know I took it out for the first test run.

Q. Okay. So we’ve got the gaskets and then

possibly the — the pipe covering. And that’s — any

other ways you believe you may have been exposed to

asbestos aboard the Commodore during the four years

you were aboard?

A. No.

Q. I think the last ship we have, sir, is the USS

Nitro?

A. Uh-huh.

Q. What kind of ship is that?

A. It’s another ammunition ship.

521

Q. Did you board in — was it May, May of ‘86?

A. Yes.

Q. Until 1989?

A. Yes.

Q. This document here has April of

Page 140

1989. Is that accurate?

A. Excuse me. Let me — let me back up.

Q. Oh, of course.

A. Because I went to — I went to a school for eight

weeks prior to going to the Nitro.

Q. Okay. What kind of school did you go to?

A. Senior enlisted academy, Newport, Rhode

Island.

Q. And what were you doing at the senior enlisted

academy?

A. Going to school there. It was a —

Q. Sure. I’m sorry. But for — what were you

learning? What were you being trained for?

A. Trained — we took — had courses in like

defense economics, leadership, public speaking. It was

— it was geared to senior enlisted. This is the time

when I made senior chief and we had to — you go

aboard a ship, you’ll be the senior enlisted aboard

Page 141

and you’ll be the liaison between the captain and the

crew.

522

Q. Gotcha, all right.

Would you have had more managerial-type

responsibilities at that point then?

A. Yes.

Q. Okay. What were you — what — so you were

senior chief aboard the USS Nitro?

A. Yes.

Q. Okay. And what — what kind of duties did you

have aboard the Nitro?

A. I had — like I say, I was the — I was the senior

enlisted aboard. I was the — the go-between between

the captain and the crew. I was the morale booster. I

was the one to keep the crew in line. I controlled the

senior — the professional development board, where

young sailors would come before me and my board to - to make rank. I went — I assisted the XO every day,

you know, with habitability.

Q. What’s habitability?

Page 142

A. Habitability as far as cleanliness of the ship.

Q. Okay. Do you believe any of the duties you had

aboard the USS Nitro exposed you to any asbestoscontaining products?

A. No, I didn’t. I was strictly management at that

time. I was away from the hands-on work.

MR. ADAMS: All right, sir, I need to take a

couple-minute break. Are you okay with that?

THE WITNESS: Yes.

MR. ADAMS: We’ll come back.

We’re at a good spot to break.

523

THE WITNESS: Sure.

(Whereupon, a brief recess was taken.)

(Whereupon, Exhibit Nos. McAfee-1, McAfee-2,

and McAfee-3 were marked for identification.)

BY MR. ADAMS:

Q. Mr. McAfee, have we now talked about all the

ways you believe you were exposed to asbestos while

you served in the

Page 143

U.S. Navy?

A. Yes.

Q. And, sir, I assume you were honorably

discharged?

A. Yes.

Q. And what — what jobs did you work after you

left the Navy? Did you have any jobs?

A. Yes. I worked for B.F. Goodrich. I worked for

the U.S. Post Office. I worked for a contractor in the

naval shipyard called Global Associates. And I worked

for the Department of Veteran Affairs, State of New

Jersey.

Q. Okay. Let’s take those one at a time, sir.

A. Okay.

Q. Was B.F. Goodrich the first job you held after

you left the Navy?

A. Yes.

Q. Okay. And where were you working?

MR. PRESENT:

location? Is that –

You want the physical

524

Page 144

MR. ADAMS: Yes, or town.

THE WITNESS:

New Jersey.

The plant — Pedricktown,

BY MR. ADAMS:

Q. Fredericktown?

A. Pedrick, P-E-D.

MR. PRESENT: It’s P-E-D-R-I-C-K-T-O-W-N,

right?

THE WITNESS: Yeah.

BY MR. ADAMS:

Q. And what did you do for B.F. Goodrich?

A. I was a laborer.

Q. What was in Pedricktown?

facility?

What kind of

A. It was a facility that made body side molding for

cars.

Q. And how long did you work there as a laborer,

approximately?

A. Not very long. I think I worked maybe — maybe

— maybe six months at the most.

Q. Okay. Do you believe you were exposed to

asbestos working as a laborer at

Page 145

the B.F. Goodrich plant?

DEFENSE COUNSEL:

Objection; lack of

foundation and personal knowledge.

MR. ADAMS: You can answer, sir.

525

MR. PRESENT:

Don’t pay any attention to

that.

THE WITNESS: I have no idea.

BY MR. ADAMS:

Q. Mr. McAfee, that objection is to my question,

not to you or any answers you may give. Okay?

A. Okay.

Q. And was the next position then you had with the

U.S. Post Office?

A. No, I’m sorry. I missed something.

Q. Okay.

A. Kaytron, I worked for a company called

Kaytron.

Q. Okay. And what’s Kaytron?

A. It’s a assembly plant for feeders.

***

526

IN THE COURT OF COMMON PLEAS

PHILADELPHIA COUNTY, PENNSYLVANIA

KENNETH E. McAFEE : OCTOBER TERM,

and

: 2013

SHIRLEY McAFEE, h/w :

:

vs.

:

20th CENTURY GLOVE

:

CORPORATION OF

:

TEXAS

:

a/k/a Guard Line, Inc.,

:

NO. 205

et al.

:

-

-

-

FRIDAY, OCTOBER 25, 2013

VOLUME II

-

-

-

Continued oral deposition of KENNETH E.

McAFEE, was held at Courtyard Glassboro-Rowan

University, 325 Rowan Boulevard, Glassboro, New

Jersey, commencing at 10:51 a.m., on the above date,

before Deborah A. Brazukas, a Registered Professional

Reporter, Certified Shorthand Reporter of New Jersey,

License No. XI 01938, and Notary Public.

MAGNA LEGAL SERVICES

(866) 624-6221

www.MagnaLS.com

527

***

Page 223

--KENNETH McAFEE, after having been

previously duly sworn, was examined and testified as

follows:

--EXAMINATION

--BY MR. HEXSTALL:

Q. Good morning, Mr. McAfee. How are you?

A. Just fine, sir.

Q. Can you hear me okay?

A. Yes.

Q. Okay.

Same instructions as yesterday. If

there’s ever anything, let me know. And if you don’t

understand a question, just let me know and I’ll try to

rephrase the question. Okay?

A. Okay.

Q. I want to start off today and ask you some

questions about your time in Guantanamo Bay. All

right?

A. Okay.

Page 224

Q. Now, you were there from 1977, I think you

said, until October of 1980?

A. Yes.

Q. And do you know what month in ‘77 you

started?

528

MR. PRESENT: No, it’s not ‘37. He wasn’t born

until 1948. So it couldn’t have been 1937.

THE WITNESS: I thought he said ‘77.

MR. PRESENT: Oh, ‘77, I’m sorry.

BY MR. HEXSTALL:

Q. Okay. Do you know what month in 1977 you

started?

A. I’m not sure, but I think it was May 1977.

Q. And I thought you referred to it as a training

base. What type of training was taking place there?

A. That’s the fleet training group. That’s where

they train ships’ crews for deploying.

Q. Okay. And did you participate in

Page 225

that training as well?

A. I did when I was on other ships. But I was not

there in the training capacity at the time.

Q. Okay. When you were there for that three-year

period, your responsibility was as the skipper for the

tugboat?

A. Yes.

Q. Okay. And on that tugboat, there was one

engineer, yourself, and eight crew members?

A. Six crew members. Including the two of us —

Q. Six crew members?

A. Yeah, the — including the two of us, the total

crew was eight.

Q. Okay. And how many hours per day were you

actually on the tugboat?

529

A. Maybe 12, 13 hours a day.

Q. Okay. And how many days a week?

A. Depending on the training. Sometimes the

training went through the weekends. If not during the

weekends, it would be like Monday through Friday.

Page 226

Q. And your crew’s goal and the engineer was to

get the ships in and out of port, correct?

A. Yes.

Q. And in that capacity, what were your specific

duties as it related to getting the ships in and out of

the port? And I’m not talking about working on

equipment here. Just in terms of getting the ships in

and out, what did you specifically have to do?

A. I was the master of the tug.

Q. Okay. And in being a master, what were you

responsible for doing?

A. Steering and navigating the tug.

Q. Okay. Other than steering and navigating, did

you have any other responsibilities in getting the ships

in and out of port?

A. Not in getting the ships in and out of port. I

supervised the — the rest of the crew.

Q. Okay.

doing?

And what were the rest of the crew

A. They handle all the deck lines,

Page 227

the lines that we connect to the ships, where they —

they handle those when we were in operations.

530

Q. Okay. And that’s basically what you were doing

for 12 or 13 hours each day?

A. Negative. We didn’t stay — we didn’t operate

with the ships all day. We took the ships out and then

we came back and did our maintenance on the ship, on

the tugboat.

Q. Okay. On average, how long would it take for

you to bring a ship in, if everything went smoothly?

A. Forty-five minutes to an hour per ship.

Q. Okay. And how long to get a ship out of port?

A. It was less time to get it out of port. Probably

about 20 minutes.

Q. Okay. And were there ever times when it took

longer to get it out of port?

A. If there was —

Q. Or was that pretty —

A. — if there was other movement

Page 228

going on at the same time, it slowed us down, because

it was not just one ship moving at a time. Sometimes

there was three or four ships moving at a time.

Q. Okay. And were there ever occasions where it

took longer than 45 minutes to an hour to bring a ship

in?

A. Yes.

Q. What would be the — the most amount of time

that you can recall that it took to bring a ship in?

A. That’s hard to say. I can’t — can’t really pin

that down on how long it would take. Because there

was all kinds of things that happened. And — and I

531

really wasn’t timing myself to see how long it would

take us to do that. If — if one ship that was ahead of

us had problems getting into the port, we had to stand

by and hold onto the ship until they clear. So —

Q. Okay.

A. — it could vary.

Q. And in terms of the number of ships, I think you

told us yesterday there

Page 229

were about 16 ships each day that you had to do this

for?

A. Sometimes we had as many as 16 ships; not all

the time.

Q. What was the average? What was the least

amount of ships you would have in a day?

A. The least amount?

Q. Yes.

A. One.

Q. So there were some days where you only had

one ship; other days where you had up to 16?

A. Yes.

Q. Okay. In terms of the name of the ship, it’s the

Wanamassa; is that correct?

A. Yes.

Q. And it’s the YTB-820, correct?

A. Yes.

Q. And you were on that same tugboat that entire

three-year period?

A. No. I —

532

Q. What other — what other tugboat

Page 230

were you on during that three-year period in

Guatemala — Guantanamo Bay?

A. There was another one that was a YTM, but I

don’t remember the number on it. I think it was 543,

but I can’t remember. I was only on that a short period

of time.

Q. Okay. About how long were you on there?

A. I don’t remember. It was just a short period of

time that I was on it. I was on — spent most of my

time on the Wanamassa.

Q. Okay. And I’m just trying to get — when you

say short period, would that be a week? Would that be

a couple weeks? Can you give me an average or

estimate?

A. I — it was more than a month, I know that, but

I just don’t remember how long it was.

Q. Okay. And all you can remember about that —

was there a name for that ship or was YTM-543 all you

can remember?

A. It was — YTM-543 was — was the hull number.

Q. And there wasn’t a name for that

Page 231

tugboat?

A. It probably had a name, but I — I don’t

remember. I was on it such a short period of time as

part of the training to be a tug master. I did the

training on that and that’s it.

533

Q. Okay. So that would have been the early part

of your time?

A. Yes.

Q. And were you — did you have the same

responsibilities on that?

A. No. I was in a training mode. I was there to

train.

Q. Going back to the Wanamassa, can you describe

— what was the size of that tugboat, the dimensions

of it?

A. It was a 440 ton tugboat, 110 foot long, 12 foot

shaft — 12 foot screw, stainless steel screw.

Q. And how many different areas were there on the

tugboat?

A. (No response.)

Q. Is it easier to give me like a general layout?

Page 232

A. It’s laid out just like a regular ship. You had the

berthing area, you had the engineering spaces, you

had a galley, you had the captain’s quarters, you had

the pilot house, you had a chain locker, you had

several storage spaces on there, and all kinds of voids.

I just don’t really know how many spaces there were.

Q. All right.

Wanamassa?

And what was the age of the

A. I’m sorry, I didn’t understand.

Q. How old was that boat?

A. I don’t know.

534

Q. When you boarded it in 1977, was the

equipment already in place or were they still installing

new equipment?

A. No. Everything was there.

Q. So when you started in ‘77, the — the two air

compressors that you spoke of were already onboard?

A. Yes.

Q. And where exactly on the tugboat were the air

compressors located?

A. In engineering space.

Page 233

Q. Were — were both air compressors in that same

engineering space?

A. Yes.

Q. And were they next to each other? How far

apart were they?

A. Yes, they were. They were right — right next to

each other.

Q. And it’s my understanding that you were

responsible for doing some repairs on the air

compressors when they would leak air?

A. No. I was not doing the repairs. I — we assisted

because of the short — short amount of people that we

had on board. I did most of the rigging and in some

cases ripping out packing. Most of the other stuff was

done by the engineer. The technical part was done by

the engineer.

Q. Okay. So rigging and packing was what you

primarily did in terms of repairs?

A. Yes.

535

Q. But were there occasions when you did work on

air compressors?

A. As far as rigging?

Page 234

Q. As far as doing any type of repair.

A. Not repair, rigging, yes.

Q. Okay. And in rigging the air pressures — air

compressors, what were your responsibilities?

A. If — if the head had to come off, we – I would

rig the head off of it, the — set up chainfalls to take

that head off. Or if it had — if it had to move forward

to remove a shaft, then I would do that. I would rig it,

that part. But the technical part, the technical work

was done by the engineer. If there was any packing

that had to be pulled out, he would let us do that. And

he would reinstall.

Q. Okay. And the air compressors, I think you

testified yesterday that they ran the brake and air

horn?

A. Yes.

Q. And anything else?

A. Not that I’m aware of.

Q. And in your capacity on this tugboat, you were

never specifically trained

Page 235

as an engineer to do the technical work, were you?

A. No.

Q. You would just assist him if he asked you to if

you were short staffed or something like that, correct?

A. Yes.

536

Q. The air compressors, you told me yesterday —

or you told us yesterday that they were four feet by two

feet?

A. I just estimated. I didn’t — I don’t know.

Q. Anything that’s happened since yesterday that

would change that estimate in your mind or is that

still fair?

A. Like I said, I’m just — I’m just estimating, just

pretty well guessing. I didn’t measure them, and I

don’t know. They wasn’t very big, that’s for sure.

Q. Okay. Were they portable air compressors or

were they stationary?

A. No, they were stationary.

Q. And what was the shape of the air compressors?

Page 236

A. You — you mean if — if it was round —

Q. Were they oval? Were they square? Can you

describe the shape of them?

A. They were like — well, elongated, I guess. It

was longer than they were — longer than they were

wide.

Q. Okay. But the end of them, were they round at

the end? Were they square at the end? Were they

rectangular or like an oval?

A. I believe it was like — I’m trying to remember.

Probably — it was elongated, so it had to be a little

rounded off on the ends.

Q. And what were they made of?

A. Metal.

Q. What color were they?

537

A. Gray.

Q. And were both of these — so I don’t have to ask

you the same questions twice, were both of the air

compressors identical?

A. Yes.

Page 237

Q. And how were they powered?

A. By diesel engine.

Q. Do you remember whether or not there was any

writing on the air compressors?

A. There was — I know there was tags on it. There

was a tag on it that said what kind of compressor it

was.

Q. Okay. Where was the tag located?

A. At the base, the base of it.

Q. Okay. And what — what did the tag say?

A. Ingersoll Rand, and it had a series of numbers.

Q. Did it say anything else other than Ingersoll

Rand?

A. Not that I can recall.

Q. Do you recall any of the model numbers or serial

numbers?

A. No, sir.

Q. Other than the tag that said Ingersoll Rand,

was there any writing on the air compressor itself?

A. I believe the top of it said Ingersoll Rand too, I

believe.

Page 238

538

Q. Okay. When you say the top of it, where on the

top of it did it say Ingersoll Rand?

A. Where the — I guess these were like valves or

something, that stuck out of the top of it. I think that’s

what — some kind of valve was on the top of it. I

believe it said Ingersoll Rand somewhere in that

vicinity.

Q. Okay. And was the whole word written out?

A. Yes.

Q. Do you remember what color that writing was?

A. The whole — the whole thing was gray, the

engine, the whole thing was painted gray.

Q. Okay. The words Ingersoll Rand, though, do

you remember what color that writing was?

A. It’s — the whole thing was gray, the writing —

Q. The letters were gray as well?

A. Everything was painted gray.

Page 239

Q. And painted gray by the Navy?

A. Yes.

Q. Did you ever see any packaging for that

compressor itself, the entire air compressor?

A. No.

Q. Were you ever responsible for ordering any

parts for the air compressor?

A. No.

Q. At any time during that three-year period, was

— were either of those air compressors ever removed

as far as you know?

539

A. No.

Q. Other than the — the head gasket that you

spoke about, what other components were on that air

compressor?

A. I couldn’t tell you. I’m — like I said, I’m not an

engineer, I don’t know these parts on this thing.

Q. Okay. Fair enough.

Did you ever see any manuals or any

specifications for the air compressors?

Page 240

A. I saw the manuals, yes.

manuals, yes.

I saw some of the

Q. Did you ever read the manuals?

A. If the engineer was working on it and he asked

me to read something out of it while he was working I

would, yes.

Q. Okay. As you sit here today, can you recall

specifically what you might have read from any of the

manuals?

A. I remember — I think he was repacking valves

on there. And I remember the instructions on packing

the — packing that valve. Just to say that — I believe

it said that he had to use a certain kind of packing. I

remember that, yes.

Q. Okay. Yesterday you told us all that you ever

did with respect to the air compressors was remove the

head gaskets. Now today, you’re telling me that you —

you read a manual and actually did repacking on the

valves as well?

A. I did not say I repacked any valves. I said that’s

what the manual said.

540

Q. Okay. But you didn’t personally

Page 241

do that?

A. No.

Q. Okay. Let me ask you about the head gaskets.

Now, I understand this wasn’t what your primary

responsibility was, but there were occasions where you

helped the engineer and removed some head gaskets,

correct?

A. Yes.

Q. Did you have to remove anything to get to the

head gasket to remove it?

A. Yes.

Q. And what was that?

A. You had to remove the top of the — the top of

the — where the gasket was — the gasket was

underneath the head, so you had to move that.

Q. And how did you do that?

A. With a chainfall.

Q. How long did that process take to remove the

top to get to the head gasket?

A. I don’t remember. You’re talking about 20, 30

years ago. I don’t remember how much time that was.

Page 242

Q. All right. Once you were able to get to the head

gasket, you said that you used a scraper to get the

gasket up?

A. Yes.

541

Q. What did the gasket itself look like, the

appearance of it once you got the — the top off? What

color was it?

A. It was a dark color. I guess I could call it either

black or gray, dark gray.

Q. Okay. And did you wear any gloves or anything

like that when you were working on the gaskets?

A. No.

Q. Did you have to wear a mask or anything?

A. No.

Q. And the only tool that you used to remove the

gasket was a scraper?

A. Yes. If it — if it needed to be. Sometimes some

parts of it would come right off; sometimes it wouldn’t.

Q. Okay. So sometimes you could just manually

pick it up with your hand and

Page 243

take it off?

A. Not the whole thing. Some parts of it maybe —

maybe would come off with your hand.

Q. Okay.

A. Because —

Q. And if you needed a little more assistance, you

would use a scraper?

A. Yes.

Q. And how big was the scraper that we’re talking

about?

A. It was a little wider than a regular putty knife.

542

Q. And the majority of the time, did you have to

use a scraper or could you just pull it out in pieces with

your hands?

A. I wouldn’t say the majority of the time I had to

use a scraper, but sometimes I did.

Q. Okay. And I thought you testified yesterday

that when you pulled this gasket material out, it really

wasn’t a dusty process, correct?

A. I’m sorry, I didn’t understand

Page 244

you.

Q. You told us yesterday that when you pulled the

gasket material out, it wasn’t really a dusty process,

correct?

MR.

testimony.

PRESENT:

Objection;

misstates

But go ahead. You can answer.

THE WITNESS: No, I didn’t say it was — it

wasn’t a dusty process. I said it — sometimes it would

be if it popped, you know, if it — if it popped, it would

produce dust.

BY MR. HEXSTALL:

Q. Okay. So when you were changing a gasket that

popped, that’s when dust was produced, correct?

A. Yes.

Q. After you got the gasket material out itself, the

engineer would come in and put a solvent on and put

the new gasket in, right?

A. Yes.

543

Q. Now, this gasket material, was it hot to the

touch at all?

Page 245

A. No.

Q. How long would it take you to actually get the

gasket out most of the time, if there weren’t any

problems?

A. Maybe 15, 20 minutes, maybe.

Q. Now, the air compressor, do you know what the

temperature was of the air compressor?

A. No.

Q. And working with the engineer, it was — I

believe you said Barbosa was his last name?

A. Barbarosa.

Q. Barbarosa, okay.

Were there any other engineers that you ever

worked with during that three-year period?

A. No.

Q. And after you got the gasket out and left it for

Mr. Barbarosa to come in and continue the repairs,

would you go and do other work on the tugboat?

A. If he didn’t need me we would.

Q. And were you responsible for

Page 246

ordering any of the gasket material for the air

compressors?

A. No.

544

Q. Were you responsible for going to get the air

compressors — I mean get the gasket material for the

air compressors out of storage?

A. No.

Q. Do you know where they were stored?

A. In our supply department. But I — yes, I — I

know where the supply was, yes.

Q. Okay. But you never had to go get the gasket

material?

A. No.

Q. Did you ever see the box or packaging that the

new gasket material came in?

A. Yes.

Q. And I think you told us yesterday that you

didn’t know who the manufacturer of that gasket

material was, correct?

A. Yes, I didn’t.

Page 247

Q. And — because you didn’t read any of the

manuals or paperwork that came with the new gasket,

did you?

A. No.

Q. And you didn’t read anything on the box as it

related to the new gasket material, did you?

A. No.

Q. Can you tell me when the last time was that you

had to remove a head gasket on the Wanamassa?

A. No, I can’t.

Q. And I know this wasn’t a normal part of your

routine and you did it when you were asked to assist

545

by the engineer, but could you estimate how many

times during that three-year period that you actually

had to remove one of the head gaskets from an air

compressor?

A. How many times I had to do it?

Q. Yes.

A. I — that’s — that’s hard for me to do, you know,

to try to give a estimate. I — I — I’d be just guessing.

Page 248

Q. Okay. That’s fair. I don’t want you to guess. I’m

just asking if you could give an estimate.

A. No, I can’t.

Q. Does your testimony from yesterday still stand

that the brakes and the packing were what you did

more than anything, as opposed to working with the

head gaskets?

DEFENSE COUNSEL: Objection; form.

THE WITNESS: The packing, I only pulled the

packing out. I didn’t replace the packing.

MR. HEXSTALL: I understand that.

BY MR. HEXSTALL:

Q. But you did that more than you did working

with the head gaskets?

A. I don’t know if I did it more or not. I know I did

both of those jobs. I — I don’t know how many times I

did each one, so I can’t say if I did one more than the

other.

Q. Okay. Any idea by looking at the

Page 249

546

gasket material itself, would you be able to tell what

the ingredients or the components are merely by

looking at it?

A. No.

Q. And you didn’t ever have to review any

maintenance history or anything with respect to either

of these two air compressors, did you?

A. No.

Q. Let me turn your attention now to 1982, when

you were at the Philadelphia Naval Shipyard.

A. Yes.

Q. And at that time, you were on the YTM-801

Commodore?

A. Yes.

Q. And I’m going to try to streamline this a little

bit. You told us yesterday that you had pretty much

the same duties on the Commodore as you did on the

Wanamassa?

A. Yes.

Q. So if I asked you all those same questions with

respect to what you had to do

Page 250

in terms of working with air compressors, would you

give me the same answers?

A. Yes.

Q. Do you know — how many air compressors were

on the Commodore?

A. I think they had — I think it had two also,

because it had the same system. That — this was a

547

1944 tug. But — but all of it had been remodified to

put the shaft brake on and the air whistle.

Q. And the two air compressors on the

Commodore, they had the same responsibility in terms

of the air horn and the brake?

A. Yes.

Q. Anything else?

A. Not that I know of.

Q. Do you know who the manufacturer was of the

two air compressors on the Commodore?

A. They were also Ingersoll Rand.

Q. And what did they look like?

A. The same as the ones that was on the

Wanamassa.

Page 251

Q. They looked exactly the same, same color?

A. Well, they were — yes, they were all gray.

Everything engine-wise in the — a Navy tug or a Navy

ship is usually gray.

Q. And in terms of how you knew it was Ingersoll

Rand, was it because it was tagged as well?

A. Yes.

Q. Okay. Did you see the words Ingersoll Rand

anywhere written on these two air compressors?

A. Same place. They had a tag — tag on it that

was — that was — said Ingersoll Rand. And like I said,

serial — serial numbers, I don’t remember the — I

don’t know those numbers. And it was written on the

— on the top of it also.

548

Q. And do you know what the temperature was of

air in either of these compressors?

A. No.

Q. And when you would have to remove a gasket,

it would again be at the request of

Page 252

whoever the engineer was?

A. Yes.

Q. Do you recall the name of the engineer at that

time?

A. I believe his name was Wehe. But he spelled it

—

Q. What’s that?

A. — he spelled it W-E-H-E.

Q. That was his last name, correct?

A. I’m sorry?

Q. His last name was W-E-H-E?

A. Yes.

Q. And how many crew members did you have on

the Commodore?

A. Eight.

Q. And I think you told us that there was less

maintenance that was necessary on these air

compressors because there weren’t as many ships

coming in and out daily, right?

A. Right.

549

Q. But when you did have to perform some work on

the head gaskets, you performed it in the same fashion

as you did when it was

Page 253

on the Wanamassa?

A. Yes.

Q. And you — they came out the same way; you

used the same tools, correct?

A. Yes.

Q. Can you tell me the last time you would have

removed a head gasket on an air compressor on the

Commodore?

A. No, I can’t.

Q. On the Commodore, was there ever a time when

you were on leave or on vacation or not working on the

tugboat?

A. Sure. I had leave time, yes.

Q. And how long was that?

A. I don’t know. It depend — I don’t know how

much time I was on leave. I took leave different times.

Sometimes you take a week; sometimes you take two

weeks. I have no idea.

Q. Do you know how many times a year that you

might have been on leave —

A. No.

Q. — in one year?

A. No, I don’t.

Page 254

Q. Well, would it be either one or two weeks at a

time?

550

A. Yes.

Q. And would that be the same with respect to the

Wanamassa?

A. Yes.

Q. And the last thing I want to ask you about, just

briefly, is the time when you worked for Global

Associates at Philadelphia Naval Shipyard.

A. Yes.

Q. That would have been 1991 to ‘93, correct?

A. Yes.

Q. You were the — the leading foreman. And if I

understood your testimony here today, you were

removing equipment from inactive ships?

A. Yes.

Q. Do you know the names of any of the ships you

worked on during the two-year period?

A. I couldn’t recall all the names. I can remember

that two of the ships that I

Page 255

was on was there also in mothballs, and I know we did

remove stuff off of them, off those two.

Q. Do you know the names of those two?

A. The two that I was on, the Voge and the Davis,

both were there in mothballs.

Q. Do you recall how many other ships there might

have been other than those two?

A. How many ships were in mothball?

Q. Yes.

551

A. No, I don’t know how many. That’s — there was

a lot of them.

Q. And as I understood your testimony yesterday,

you weren’t working or repairing any equipment, you

were just removing it off the ships, correct?

A. That’s right.

Q. And the only way that you believe that you

might have been exposed to any asbestos in doing that

would have been cutting some of the wire and the

insulation on the wire, correct?

Page 256

A. Yes.

Q. And there was a number of manufacturers that

you looked at in terms of equipment that you were

taking off. And do you recall what type of Ingersoll

Rand equipment you removed from some of the

inactive ships during that two-year period?

A. I don’t remember exactly, but it — it probably

— it probably was electronic, because it wasn’t a whole

lot of — I didn’t — I didn’t pull any – I don’t remember

pulling any pumps off or any air compressors off.

Q. And in terms of whatever the electronic

equipment might have been that was Ingersoll Rand

you believe, you didn’t have to disturb or repair or

maintain that equipment; you just rigged it and took

it off, right?

A. Yes.

Q. And what you told me and what I just asked you

about in terms of the Wanamassa, when you were at

Global Associates during ‘91 to ‘93, and when you were

on the

552

Page 257

Commodore, that’s your only contact you had with any

Ingersoll Rand equipment during your career?

A. Well, that’s — I’m sure there was Ingersoll

Rand equipment on all of the ships that I was on. I

didn’t have to only — I didn’t —

Q. Okay. But I mean —

MR. PRESENT: Please let him finish, Mr.

Hexstall. Please let him finish this — you interrupted

him right in the middle of a sentence. Let him finish.

MR. HEXSTALL: I’m sorry. I didn’t know he

was still answering. Go ahead and finish, sir, please.

MR. PRESENT: He was. And he — go ahead.

You can finish your answer.

THE WITNESS: There was — I’m sure there

was Ingersoll Rand equipment on all of the ships that

I was on. So there were times when I would be in the

engine room and maybe not in the working

Page 258

capacity and being — be in the area where somebody

was working on a Ingersoll Rand or some other

equipment in the engine room. That was part of the

training and — that we did all the time when we were

underway. We had to — in order to qualify for surface

warfare specialist, you had to know generally about

every part of the ship.

BY MR. HEXSTALL:

Q. And I have the list of five ships that you were

on during your 20-year Navy career. You — I just

want to understand your testimony. You didn’t

specifically work on any Ingersoll Rand equipment

553

while you were on any of those ships but, you think

you may have been in the area when others were

working on it, correct?

A. That’s correct.

Q. And would you have been supervising them

while they were working on any of this equipment or

just generally in the area?

A. Just generally in the area for

Page 259

training or for an inspection.

Q. And as you sit here today, can you describe

specifically what they may have been doing when you

were in an area working on any Ingersoll Rand

equipment?

A. No, I cannot.

MR. HEXSTALL: Okay. Thank you, sir. That’s

all the questions I have for you right now.

THE WITNESS: Thank you.

--EXAMINATION

--BY MR. PRESENT:

Q. All right. Mr. McAfee, I do have a few questions

about Ingersoll Rand based on some of the questions

that Mr. Hexstall asked you. And I will proceed with

them now.

I’m going to do them in the same order that —

you know, that he did them in. So I’m going to start

at the Wanamassa.

554

First thing, when we’re talking about the

Wanamassa, he asked you a number of questions

about removing gaskets,

Page 260

head gaskets from air compressors that were made by

Ingersoll Rand.

Do you remember those questions just a few

minutes ago that he was asking you?

A. Yeah, he — he asked me —

Q. Scraping —

A. — was I scraping them and to describe them.

Q. That’s true. Okay. Well, I have a few other

questions about that, those — those experiences and

then I’ll move on to other issues.

But with respect to the scraping of those

gaskets, when it was difficult to get off, when you

would have to use a scraper to get them off, what, if

anything, would happen to the atmosphere or the air

that you were breathing when you would have to

scrape those gaskets off the Ingersoll Rand

compressors?

A. Well —

MR. HEXSTALL: Objection to form.

Page 261

BY MR. PRESENT:

Q. Go ahead. You can answer.

A. Like I — like I told him, you know, if it — if it

popped in half — sometimes it would break.

Q. Right.

555

A. If it would break, you know, it would emit some

dust into the area and then I probably would end up

breathing it.

Q. Okay. And once again, Mr. McAfee used one of

the international signs for the spreading of dust with

his fingers.

How long — did you stay in that area when —

when you — when the engineer — and I think you said

his name was Barbarosa?

A. Yes.

Q. When the engineer, Barbarosa, was — would he

be there while you were doing the scraping? Would he

be in the same area?

A. Sometimes he would be, or he’d be going to get

the new parts or doing something else at the time.

Sometimes he would leave us do that. That was a

simple job.

Page 262

Q. Okay.

A. That wasn’t a hard job. So that — those are jobs

that we would do, and he would do the technical part.

Q. Did he — was he the one that put the new

gasket on?

A. Yes.

Q. Did you witness him doing that? Did you see

him doing that?

A. Yes.

Q. Okay. This — I know you couldn’t give a

number, an exact number, you said you couldn’t say

an exact number to Mr. Hexstall about —

556

A. Uh-huh.

Q. — how many times you would remove gaskets

and/or scrape gaskets off the Ingersoll Rand

equipment, but is there any word that you could use to

describe the frequency or lack of frequency that this

would happen with? I mean, how often would you be

doing that sort of thing on an Ingersoll Rand, if you

could just give us — without giving us a number — a

general idea,

***

557

***

Page 237

Q. And how were they powered?

A. By diesel engine.

Q. Do you remember whether or not there was

anything on the air compressors?

A. There was — I know there was tags on it. There

was a tag on it that said what kind of compressor it

was.

Q. Okay. Where was the tag located?

A. At the base, the base of it.

Q. Okay. And what — what did the tag say?

A. Ingersoll Rand, and it had a series of numbers.

Q. Did it say anything else other than Ingersoll

Rand?

A. Not that I can recall.

Q. Do you recall any of the model numbers or serial

numbers?

A. No, sir.

Q. Other than the tag that said Ingersoll Rand,

was there any writing on the air compressor itself?

A. I believe the top of it said Ingersoll Rand too, I

believe.

***

Page 241

do that?

A. No.

Q. Okay. Let me ask you about the head gaskets.

Now, I understand this wasn’t what your primary

558

responsibility was, but there were occasions where you

helped the engineer and removed some head gaskets,

correct?

A. Yes.

Q. Did you have to remove anything to get to the

head gasket to remove it?

A. Yes.

Q. And what was that?

A. You had to remove the top of the — the top of

the — where the gasket was — the gasket was

underneath the head, so you had to remove that.

Q. And how did you do that?

A. With a chainfall.

Q. How long did that process take to remove the

top to get to the head gasket?

A. I don’t remember. You’re talking about 20, 30

years ago. I don’t remember how much time that was.

Page 242

Q. All right. Once you were able to get to the head

gasket, you said that you used a scraper to get the

gasket up?

A. Yes.

Q. What did the gasket itself look like, the

appearance of it once you got the — the top off? What

color was it?

A. It was a dark color. I guess I could call it either

black or gray, dark gray.

Q. Okay. And did you wear any gloves or anything

like that when you were working on the gaskets?

A. No.

559

Q. Did you have to wear a mask or anything?

A. No.

Q. And the only tool that you used to remove the

gasket was a scraper?

A. Yes. If it — if it needed to be. Sometimes some

parts of it would come right off; sometimes it wouldn’t.

Q. Okay. So sometimes you could just manually

pick it up with your hand and

Page 243

take it off?

A. Not the whole thing. Some parts of it maybe —

maybe would come off with your hand.

Q. Okay.

A. Because —

Q. And if you needed a little more assistance, you

would use a scraper?

A. Yes.

Q. And how big was the scraper that we’re talking

about?

A. It was a little wider than a regular putty knife.

Q. And the majority of the time, did you have to

use a scraper or could you just pull it out in pieces with

your hands?

A. I wouldn’t say the majority of the time I had to

use a scraper, but sometimes I did.

Q. Okay. And I thought you testified yesterday

that when you pulled this gasket material out, it really

wasn’t a dusty process, correct?

A. I’m sorry, I didn’t understand

560

Page 244

you.

Q. You told us yesterday that when you pulled the

gasket material out, it wasn’t really a dusty process,

correct?

MR. PRESENT:

testimony.

Objection;

misstates

But go ahead. You can answer.

THE WITNESS: No, I didn’t say it was — it

wasn’t a dusty process. I said it — sometimes it

would be if it popped, you know, if it — if it

popped, it would produce dust.

BY MR. HEXSTALL:

Q. Okay. So when you were changing a gasket that

popped, that’s when dust was produced, correct?

A. Yes.

Q. After you got the gasket material out itself, the

engineer would come in and put a solvent on and put

the new gasket in, right?

A. Yes.

Q. Now, this gasket material, was it hot to the

touch at all?

Page 245

A. No.

Q. How long would it take you to actually get the

gasket out most of the time, if there weren’t any

problems?

A. Maybe 15, 20 minutes, maybe.

Q. Now, the air compressor, do you know what the

temperature was of the air compressor?

561

A. No.

Q. And working with the engineer, it was — I

believe you said Barbosa was his last name?

A. Barbarosa.

Q. Barbarosa, okay.

Were there any other engineers that you ever

worked with during that three-year period?

A. No.

Q. And after you got the gasket out and left it for

Mr. Barbarosa to come in and continue the repairs,

would you go and do other work on the tugboat?

A. If he didn’t need me we would.

Q. And were you responsible for

Page 246

ordering any of the gasket material for the air

compressors?

A. No.

Q. Were you responsible for going to get the air

compressors — I mean get the gasket material for the

air compressors out of storage?

A. No.

Q. Do you know where they were stored?

A. In our supply department. But I — yes, I — I

know where the supply was, yes.

Q. Okay. But you never had to go get the gasket

material?

A. No.

Q. Did you ever see the box or packaging that the

new gasket material came in?

562

A. Yes.

Q. And I think you told us yesterday that you

didn’t know who the manufacturer of that gasket

material was, correct?

A. Yes, I didn’t.

Page 247

Q. And — because you didn’t read any of the

manuals or paperwork that came with the new gasket,

did you?

A. No.

Q. And you didn’t read anything on the box as it

related to the new gasket material, did you?

A. No.

Q. Can you tell me when the last time was that you

had to remove a head gasket on the Wanamassa?

A. No, I can’t.

Q. And I know this wasn’t a normal part of your

routine and you did it when you were asked to assist

by the engineer, but could you estimate how many

times during that three-year period that you actually

had to remove one of the head gaskets from an air

compressor?

A. How many times I had to do it?

Q. Yes.

A. I — that’s — that’s hard for me to do, you know,

to try to give a estimate. I — I — I’d just be guessing.

Page 248

Q. Okay. That’s fair. I don’t want you to guess.

I’m just asking if you could give an estimate.

A. No, I can’t.

563

Q. Does your testimony from yesterday still stand

that the brakes and the packing were what you did

more than anything, as opposed to working with the

head gaskets?

DEFENSE COUNSEL: Objection; form.

THE WITNESS: The packing, I only pulled the

packing out. I didn’t replace the packing.

MR. HEXSTALL: I understand that.

BY MR. HEXSTALL:

Q. But you did that more than you did working

with the head gaskets?

A. I don’t know if I did it more or not. I know I did

both of those jobs. I — I don’t know how many times I

did each one, so I can’t say if I did one more than the

other.

Q. Okay. Any idea by looking at the

Page 249

gasket material itself, would you be able to tell what

the ingredients or the components are merely by

looking at it?

A. No.

Q. And you didn’t ever have to review any

maintenance history or anything with respect to either

of these two air compressors, did you?

A. No.

Q. Let me turn your attention now to 1982, when

you were at a Philadelphia Naval Shipyard.

A. Yes.

Q. And at that time, you were on the YTM-801

Commodore?

564

A. Yes.

Q. And I’m going to try to streamline this a little

bit. You told us yesterday that you had pretty much

the same duties on the Commodore as you did on the

Wanamassa?

A. Yes.

Q. So if I asked you all those same questions with

respect to what you had to do

Page 250

in terms of working with air compressors, would you

give me the same answers?

A. Yes.

Q. Do you know — how many air compressors were

on the Commodore?

A. I think they had — I think it had two also,

because it had the same system. That — this was a

1944 tug. But — but all of it had been remodified to

put the shaft brake on and the air whistle.

Q. And the two air compressors on the

Commodore, they had the same responsibility in terms

of the air horn and the brake?

A. Yes.

Q. Anything else?

A. Not that I know of.

Q. Do you know who the manufacturer was of the

two air compressors on the Commodore?

A. They were also Ingersoll Rand.

Q. And what did they look like?

A. The same as the ones that was on the

Wanamassa.

565

***

Page 262

Q. Okay.

A. That wasn’t a hard job. So that — those are jobs

that we would do, and he would do the technical part.

Q. Did he — was he the one that put the new

gasket on?

A. Yes.

Q. Did you witness him doing that? Did you see

him doing that?

A. Yes.

Q. Okay. This — I know you couldn’t give me a

number, an exact number, you said you couldn’t say

an exact number to Mr. Hexstall about —

A. Uh huh.

Q. — how many times you would remove gaskets

and/or scrape gaskets off the Ingersoll Rand

equipment, but is there any word that you could use to

describe the frequency or lack of frequency that this

would happen with? I mean, how often would you be

doing that sort of thing on an Ingersoll Rand, if you

could just give us — without giving us a number — a

general idea,

Page 263

using an adjective?

A. On the Wanamassa?

Q. On the Wanamassa.

A. Many.

Q. Okay. And would — would your experience

with the dust and the breathing when you would have

566

to scrape it be the same? Would it be the same each

time you did it?

A. Yes.

Q. The —the replacement part that —that —that

he went and got, when he —when he brought the

replacement gasket to the Ingersoll Rand compressor

to install, did you get a look at that? Did you get a look

at either the packaging or the actual gasket before he

would put it on?

A. Yes.

MR. HEXSTALL:

answered.

Objection; asked and

BY MR. PRESENT:

Q. Is there anything that you can tell me about,

you know, who supplied that gasket, what — what

company, if you know? Did you ever notice that at any

of the times

***

Page 265

were on the compressor. Do you remember giving that

testimony to Mr. — to Mr. Hexstall?

A. Yes.

MR. HEXSTALL:

Objection; misstates

testimony. He said he knew that that was done,

but he wasn’t there watching it.

MR. PRESENT: Okay. Well, just because you’d

like that to be the testimony doesn’t mean it’s

the case, Mr. Hexstall.

BY MR. PRESENT:

567

Q. Did you actually witness that happening from

time to time?

A. Yes.

Q. When — when the engineer would remove the

packing from the valve that was on the Ingersoll Rand

compressor, what if anything would happen to the air

that was in the vicinity of this activity? Can you

describe that for me, when he would remove the

packing?

A. (No response.)

Page 266

Q. Would it — would it cause a difference in the

air?

A. If it came out in pieces, yes.

Q. Okay.

A. The old — the old packing you’re talking about?

Q. Yes, the old packing.

A. Yes. Yes.

Q. What would you see? What would you see

happen when he would remove the old packing?

A. You’d see little strings pop into the air, little —

little dust like that would pop.

Q. Okay. Stringy dust? Is that what you’re calling

it?

A. Yes. Yes.

Q. And when that dust was in the air, would that

have any effect on you?

A. I imagine I would breathe it.

Q. Okay.

568

A. Yes.

Q. Well, do you remember being in the vicinity of

that dust when that would

***

Page 270

A. No.

Q. Did you ever see any kind of warning on any of

the gaskets themselves or their packaging saying that

if you breathed in dust from that material you could

get lung cancer from it?

A. No.

MR. HEXSTALL: Objection.

BY MR. PRESENT:

Q. With respect to the actual Ingersoll Rand

compressors, the equipment that you were working on

on the Wanamassa, did you ever see any kind of

warning or placard on that equipment warning you

that your safety was in jeopardy and you needed to

take precautions so that you wouldn’t get sick from

breathing in that dust? Did you ever see anything like

that?

A. No.

MR. HEXSTALL: Object to form.

BY MR. PRESENT:

Q. And if I asked you — and I’m going to — I’m

going to be as much of a streamliner as Mr. Hexstall.

If I were to

***

569

***

Page 49

Q. Okay.

A. No.

Q. Did the — the Wanamassa, I guess being a

tugboat, did it also have a horn?

A. Yes.

Q. And — and what was it that ran the horn on the

Wanamassa?

A. A compressor.

Q. Okay. And did you do work on that compressor?

A. Yes.

Q. Okay. And do you remember who made those

compressors?

A. Ingersoll Rand.

Q. Okay. And what kind of work would you do on

the compressor?

A. We wou

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