Exhibit Volume — Nishida v. E. I. Du Pont De Nemours & Co. (No. 615)

Supreme Court brief1957

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Text

— EXHIBIT VOLUME.

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TRANSCRIPT OF RECORD

UNITED STATES

COURT OF APPEALS

FIFTH CIRCUIT.

No. 16,140

GEORGE T. NISHIDA and JAMES E. NISHIDA d/b/a’

HILO DAIRY COMPANY OF KAUAI; RYOJU

SOKEI, d/b/a SOKEI DAIRY, and FRED iL.

WALDRON, LIMITED,

Appellants,

versus

EL DuPONT de NEMOURS & COMPANY,

Appellee.

Appeals. from the United States District Court for the

_ Northern District of Mississippi.

(ORIGINAL RECORD RECEIVED JUN. 4/56.)

Office - Supreme Court, us. |

JOHN T. FEY, Clerk

FIL D

NOV 14 1957.

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SUMMARY OF COWS

PURCHASED SINCE OPENING BUSINESS

JULY 1, 1946

Date Total Remainder

Purghased: Costs Heads 3 Feb, 1952

M6 ~~ $ 10,150.00 | 49 | 17

1947 3 5697.00 33 7)

1948 2,125.00 14 2

1949 6,745.00 21 20

1950 13 .170,50 | 49 36

$ 35,827.50 "166 80 |

Purehased Milk Cows: | 80.

. Raised Heifers 21

—-— , w— 2

M/Cows remainder

fe ows | — —-

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Heifers

Total M/cows & Heifers: 51

Mr ie TS

Year

Purchased: Cost: Quantity; Firms;

1946 $ - 3,500.00 22 Kilauea Flantation Co.

400.00" oe James Nishida

6 4250,00 25 Herbert Campos .

~ 10,150.00 | ay |

1947 50.00 1 James Nishida

250.00 1 Ishizaki \

3,022 .00 | 29 Kilauea Plantation Co.

275 200 2 Aguiar & Son |

3,697.00 _ >».

1948 1,000.00

1,125.00 14 Koloa Plantation Co,

2 4125.00 14

1949 45.00 1 University of Hawaii

( 6 ,700,00 20 Herbert Campos

6 745.00 21

1950 1,000.00 4 Wm. Hyde Rice

| ; a Wm. Hyde Rice

4 Joe Souza

10 M. Costa Jr.

20 Flechers

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L. L. FORD ASSOCIATES pia? #7

ENGINEERS AND BUILBERS OF

SOLVENT EXTRACTION EQUIPMENT 45

iy. Caruthersville, Pa”

October 11,1949

Mr .F .G. Low,

DuPont,

Wilmington,

Dear Mr , Low: |

f ~

Mr.Ford and I visited Mr.Roach at Plainfield last week for a final

check on Trichlorethylene. All previous information was favorable, ‘fe

decided, after thé visit to Roach, to burn our bridges and proceed,

Mr. Roach told us that, according to your reports to ‘im, Tri residue in

o11 was about 35 varts in a million. ‘Ye are now quoting that report and

hope it is not wrong. If it is correct, there remains no »Sasis for com

plaim against Trichlorethylene.

Ye are starting up the new mill at Belzoni, Mississipni, this week, Ini-

tially we shall use Hexane but later plen tointroduce Tri t o prov: our

point that in all departments Tri equals or betters Hexane umtil the point

of safety arrives, and then there is no comparison. Of course, you probably

know that the safety factor has about become factor mmaber one. Another

Hexane mill blew in Columbus, Ohio a few weeks ago.

I wish you weald give us what information you have on Tri. We are sticking

our necks out and we need help. Everywhere we mm into suppositions, hear-

eay, guesses. Nothing ever factual. So now it is time for all hands to

stand up and be counted we think. We are going to round up all facts av-

ailable and go ahead, and damn the torpedoes. If Mr.Roach's solvent loss

is less than half of one percent and residue under fifty parte in a million,

we can certainly do it with ease. Mr.Ford believes he can make the thing

foolproof, and I do too. It is done in the stripping column and is not too

difficult.

Please tell us what we can shoot at and how we can determine just exactly

what the residues are.

- a 2.5

£6 ~ $5 Exhibit Lt 4

Date //-

core tnd ( Base)

pi Sary MA crwenr0e

NG en al

Chemical Safety Data Sheet SD-14

ADOPTED 1947

QI. TRICHLOROETHYLENE

(: PROPERTIES

ESSENTIAL INFORMATION FOR SAFE HANDLING AND USE

"Manufacturing Chemists’ Association of the United States

608 Woodward Building, Washington 5, D. C.

$72

CONTENTS

NAME

PROPERTIES

2.1 Grades

2.2 Important Physical anc Chemica! Properties

2.3 Hazardous Properties

USUAL SHIPPING CONTAINERS

3.1. Type and Size

3.2 Label or Identification

3.3. Disposal and Return Precautions

UNLOADING AND EMPTYING

4.1 Health Haz ds

4.2 Fire Hazard

4.3 Tank Cars

44° Drums

STORAGE

5.1 Haz: cds

5.2 Conditions of Storage

HANDLING

6.1 Health Hazards

6.2. Fire and Explosion Hazarde*

6.3 Spills and Leakage

6.4. Employee Education and Training

6.5 Personal Protective Equipment

6.6 Engineering Controls

6.7 Ventilation :

6.8 Tank’and Equipment Cleaning and Repairs

6.9 Repackaging and Blending

W ASTE sein tana =

HEALTH HAZ ARDS AND THEIR C ONTROL

81 Hazards

8.2. Prevention and Control

8.3 Personal Protective Equipment

84 First Aid endMedical Treatment

Paqe

8D-14

Chemical Safety Data Sheet

TRICHLOROETHYLENE

Adopted July, 1947

z 1. NAME

Chemical Name: Trichloroethylene

Common Names: Trichlorethylene, Ethylene Trichloride

Formula: - CIHC:CCl,

2. PROPERTIES

2.1 Grades. Technical or Dry Cleaning, Degreasing, and Extraction.

2.2. Important Physical and Chemical Properties /

Color: Clear, colorless liquid, unless marked with an identifying dye, e.g., Degreasing grade.

Oder: Somewhat similar to odor of chloroform. | :

Vapor Density (Air = 1): 4.54

Boiling Point (769 mm): 86.9°C (188°F)

Melting Point: ~86.4°C (—124°F)

Explosive Limits: Not flammable or explosive at ordinary room temperatures but moderately

flammable at higher temperatures. ,

Ignition Temperature: 410°C (770°F)

Corrosive: Suitably stabilized trichloroethylene may be used in the presence of air, water and

light with any of the common construction metals at temperatures up to 120°C

(248°F). :

Dangerously Reactive: No, except that strong alkalies, such as caustic soda, may react with tri-

chloroethylene to form explosive mixtures (dichloracetylene). Weaker

alkalies, such as trisodium phosphate, may be used with safety.

Hyyroscopic: No.

Light Sensitive: See “Corrosive”. above.

Specific Gravity at 20°) 4°C (68° 39 F) (Water = 1): 1.464

VAPOR PRESSURE

Temperature Vapor Pressure

— °F mm Mercury

0 32 19.9

10 50 35.7

20 68 57.8

30.5 R7 93.7

40 104 146.8

50 122 212 e

60 140 305.7

86.9 188 760

Copyriht 194° by Menufacturtng © hemwta. Asmewialion af the Unrted States

3 7

S/¥

Manual

SD-14

25 Hazardous Properties

23.1 HEALTH HAZARDS. (See 8. Health

Hazards and Their Control.) Trichioroethylene

is toxic by inhalation, by prolonged or repeated

contact with the skin or mucous membrane, or

when taken by mouth.

232 FIRE HAZARD (See 6.2 Fire and

Explosion Hazards)

2.3.2.1 The fire hazard is very small.

Trichloroethylene is classed as non-flammable

at ordinary temperatures, and moderately flam-

mable at higher temperatures.

2.3.2.2 Trichloroethvlene vapor exposed

to high temperatures, such as occur in open

flames and open electric heaters, may be decom-

posed to toxic and corrosive substances. (See

6.2.3) \.

8. USUAL SHIPPING CONTAINERS

Trichloroethvlene is not regulated by the In-

terstate Commerce Commission,

—o

Type and Size

Tank cars.

Metal drums, [CC Spec. I7E,

maximum.

595 gallon

Metal drums, Consolidated Freight Classi-

fication, Rule 40 gSection 5C.

Manufacturing Chemists’ Association of the United States

Sheet es ssninctiistshieosaialnieasiictbinbitiarnastinsiniiainiaiainiinitat

_Trichloroethylene

3.2.2 The caution label to be placed on each

container under the agreement between the

United States Public Health Service and the

producers is given below.

3.2.3 In addition to the caution label, the

label on each container should bear any label

warnings required by statutes, regulations or

ordinances.

3.3. Disposal and Return Precautions

33.1 TANA CARS. Return empty tank

cars a8 promptly as possible in accordance with

instructions received from the shipper. Ship-

per’s routing instructions should always be fol-

lowed strictly.

3.3.2 DRUMS. Before returning shipping

containers to suppliers, observe usual precau-

tions regarding complete drainage of contents

and properly close all openings

1. UNLOADING AND EMPTYING

4.1 Health Hazards. (See & Health Hazards

and Their Control). Trichloroethylene is toxic

by inhalation, by prolonged or repeated contact

with the skin or mucous memBrane, or when

taken by mouth.

4.2 Fire Hazard. The fire hazard is small.

(See 6.2 Fire and Explosion Hazards.)

4.2 Tank Cars

$2 Label or Identifcation

4.3.1 Unloading operations should be con-

ducted by carefully instructed, reliable em-

plovees under adequate supervision, (see 6.4).

821 Each container (including tank cars)

should earrs an identifying label or stencil.

TRICHLOROETHYLENE

WARNING! VOLATILE SOLVENT

y Use with adequate ventilation.

Avoid prolonged or repeated breathing of vapor.

Avoid prolonged or repeated contact with skin.

De not take internally

y BKS

Trichloroethy lene Manufactur

4.3.2. See that the car is spotted accurately

and track is level.

4.3.3. Derails should be placed at one or both

ends of the unloading track approximately one

car- length from the car being unloaded, unless

the car is protected by. a closed and locked

switch or gate.

4.3.4 The hand-brake should be set and

standard rai! clamps should be installed to block

the wheels at the time of unloading. Metal

“caution” signs should be fastened to the track.

Signs should be 12” x 15”, painted. light blue.

Use the legend “STOP TANK CAR CON-

NECTED”. with the letters in “STOP” four

inches high. Signs are available from safety

equipment dealers.

4.3.5 If the unloading track is provided with

an electric trolley wire, the current should be

turned off before unloading is started.

4.3.6 Shipper’s instructions for unloading

should always be followed, and all caution mark-

ings on both sides of tank or dome should be

read and observed.

4.3.7 In the event of a leak in the tank car

or the fittings that cannot be stopped by fol-

lowing the previous instructions from the sup-

plier or by simple adjustment or tigntening,

immediately telephone or wire the supplier for

further instructions.

44 Drums

Drums should be unloaded carefully

Do not drop or bump.

4.4.1

to prevent damage.

4.4.2. Each shipment should be examined

carefully for leaking drums. If any are found,

they should be handled with particular care by

turning leak up to prevent further leakage, and

should be removed to-a. safe place where the

leakage can be stopped by tightening the plug

or by some other approved method.

4.4.3. Before emptying contents, substan-

tially support the drums and block them to pre-

vent. movement. =

4.4.4 A _ satisfactory method of removing

trichloroethylene from drums is by means of a

rotary pump. If emptied by gravity, the drum

should be placed on a rack and a faucet inserted

in thee end bung, Faucets should have short

shanks threaded with Briggs standard straight

iron pipe threads. A resilient gasket of suit-

able material should be used to insure a tight

fit, Bung opening and faucet must have the

same type and number of threads per inch

ne Chemiata Anaociation

of the Unitet States Manual

tie Sheet

SI-14

(M.C.A. Manual Sheet D-32). Protect work-

men from vapor and liquid. (See 8.3 Personal

Protective Equipment.)

4.4.5 To remove the body plug, place bung

up, and use a bung or plug wrench. Stand to

one side and face away during the operation.

After plug starts, give one full turn. If accumu-

lated internal pressure vents, allow it to reduce

to atmospheric pressure; then only should the

plug be loosened further or removed.

% STORAGE

5.1 Hazards.

5.1.1 HEALTH HAZARDS. (See 8. Health

Hazards and Their Control). Trichloroethylene

Is toxic by inhalation, by prolonged or repeated

contact with the skin or mucous membrane, or

when taken by mouth.

5.1.2 FIRE HAZARI. The fire hazard is

small. (See 6.2 Fire and Explosion Hazards. )

9.1.8 CORROSION. Under normal condi-

tions, trichloroethvlene may be stored satisfac-

torily in galvanized iron, black iron or steel

equipmeftt. (See 2.2-Important Physical and

(Chemical Properties. )

51.4 VOLATILITY. Trichloroethylene = is

more volatile than water. (See 2.2 Important

Physical and Chemical Properties. )

5.2 Conditions of Storage

5.2... Each tank, either vertical or horizon-

tal; should have a top and bottom manhole at

least 22 inches in diameter, in addition to fill-

ing, vent, and measuring device openings, which

should be 2 inch flanged connections in the top

of the tank. A 2 inch or 2!. inch bottom outlet

should be provided for use as a drain during

clean-out operations. Vertical tanks should be

of the closed top design, and the top should be

caulked or welded vapor-tight.

5.2.2 Each storage tank should have a vent

large enough (usually 2 inch) to permit the

escape of vapor during filling. Vents from in-

door tanks should terminate outdoors, in such

a location that escaping vapor will not contami-

nate any work space air. The vent is usually

protected against entry of moist air by being

extended down over the side of the tank into a

chamber filled with lump calcium chloride for

removal of moisture in the air. It is recom-

mended that a tee be provided in this line above

the drver so that a mercury seal '. inch deep

5/6

Maneal Rhemete conto Cheemivw Ameoem thee af tine (a ttee Belen Te Saree ome Hy beams

Sheet -

8D-14

can be installed as a safety vent in case the

dryer plugs from excess moisture. Do not al-

low mercury to be spilled in any work space.

Avoid open mercury surfaces in work spaces.

5.2.3 The storage tank should te grounded

adequately to discharge the static electricity

which builds up from pumping any dry liquid.

¢ (See NFPA pamphiet “Static Electricity’).

5.2.4 Drums of trichlorcethylene should be

red in a cool place, bung up. To prevent

poration losses, bungs should be kept tight

at all times.

5.2.5 Ventilation should be provided at the

floor level, as well as in the usual higher loca-

tions. Note that vapor is 4.54 times heavier

than air. (See 2.2.) Do not store in pits, de

pressions, basements, or unventilated areas.

6.7 HANDLING

6.1 Health Hazards. (See 8. Health Hazards

and Their Control). Trichloroethylene is toxic

by inhalation, by prolonged or repeated contact

with the skin or mucous membrane, or when

taken by mouth.

6.2 Fire and Explosion Hazards

6.2.1 The fire hazard is very small. Tri-

chloroethylene is classed as non-flammable at

ordinary temperatures, and moderately flaim-

apes at higher temperatares.

6.2.2. Trichloroethylene is not flammable or

explosive at ordinary room temperatures but is

moderately flammable at higher temperatures

(32°C; 90°F, and upward) under conditions

in which the concentration of vapor in air is

comparatively high (about 15 per cent by vol-

ume) and there is an intense source of ignition

such as an electric arc. A higher temperature

(about 50°C; 122°F, and upward, depending

upon conditions) is required to produce moder-

ately flammable vapor-air mixtures which can

be ignited by a leas intense source of ignition

ee as ordinary sparks and flames.

6.2.3. In the presence of an excess of water,

or at very high temperatures, such as occur in

open flames, trichloroethylene may. decompose

to give hydrochloric acid and other products.

63 Spills and Leakage

#31 Spills shouid be cleaned up immedi-

ately Employees performing this work should

wear adequate personal protective equipment.

(See 8.8 Personal Protective Equipment.)

6.3.2 Rags or mops wet with trichloro-

ethylene should be placed in closed containers or

in a safe place out of doors until they can be

dried safely.

6.3.8 Clothing wet with trichloroethylene

should be removed immediately. The clothing

should not be used again until dry and free of

the odor of trichloroethylene. Dry clothing out

of doors or in a properly ventilated area.

.. Employee Education and Training (See

8.2.3) | ’

6.4.1 Safety in handling trichloroethylene

(and other hazardous or corrosive chemical

products) depends upon the effectiveness. of

employee education, training and supervision.

6.4.2 The education and training of the em-

ployees to work safely and to use the personal

protective equipment or other safeguards pro-:

vided for them is-a responsibility of supervi-

sion.

6.4.3. Employee education and _ training

should emphasize the need of handling tri-

chloroethylene according to the methods out-

lined in this manual.

6.4.4 Before being placed on the job, new

emplovees shold be instructed thoroughly in

the properfhandling of trichloroethylene. Older

_ employees should be reinstructed pericdically.

Each employee should be instructed not to use

trichloroethylene for personal cleaning pur-

poses.

6.4.5 Each employee should know the loca-

tion, purpose, and maintenance of personal

protective equipment and be thoroughly trained

when and how to use it (see 8.3).

6.4.6 Each employee should know the loca-

tion of safety showers, bubbler drinking foun-

tains for flushing the eves, and hose lines.

6.4.7 Only reliable, dependable, and properly

trained employees should be given the respon-

sibility of operating valves which control the

movement of trichloroethylene to and from

storage tanks, tank cars, and containers.

6.4.8 Employees should be trained to report

to the proper authority al! suspected leaks. or

equipment failures, and any signs of illness or

skin difficulties.

6.4.9 Each employee should know what to

do in an emergency (see 6.3) and in first aid

measures (see 8.4), and should realize the ne-

cessity for the prompt application of first aid

the beers Un y he wee

Maen ectme tag Reem ete Aenean cf We Loe Mem fet hare

Be ee

ame

in case of contact with trichloroethylene or ex-

posure to the vapor.

6.5 Personal Protective os ment. uip-

ment for the protection of individuals handling

trichloroethylene is described in 8.8 Personal

Protective Equipment.

6.6 Engineering Controls

§.6.1 LOCATION OF PROCESS. Processes

should not be located near open flames, open

electric heaters or high temperature operations,

since trichloroethylene vapor exposed to such

high temperatures may be decomposed to toxic

and corrosive substances. (See 2.3.2.2.)

6.6.2 DESIGN OF EQUIPMENT. Proc-

esses should be designed so that the oper: or is

not exposed to direct contact with trichloro-

ethylene or its vapor. The technical problems of

designing np ee providing adequate ven-

tilation and formulating operational procedures

which promise maximum security and economy,

can be handled best by engineers and safety ex-

perts. The manufacturers of trichloroethylene,

and of the equipment in which it is to be used,

are always prepared to help with these prob-

lems, and to assist in maintaining safe work-

ing conditions. In most States, authoritative

advice and assistance may also be obtained from

the industrial hygiene divisicn of the State

health department, or from tae labor depart-

ment. -

6.6.8 SYSTEM TYPES. Depending upon

the application, trichloroethylene may be used

in any one of the three systems described below.

Any one of the three system types may be

adapted to some other various applications of

trichloroethylene.

6.6.8.1 For the vapor degreasing of met-

als, 2 pecomye manufacturers have designed

special open type machines in which the solvent

liquid and bs, ge are controlled by balanced

heat input and cooling ——: Where vapor

degreasing units are installed in locations free

from draft conditions and used to clean free

draining material, an exhaust is not ordinarily

required. However, where either the location or

the nature of the work handled leads to more

than normal diffusion losses or to a substantial

dragout, an exhaust system should be installed.

6.6.8.2 Partially closed equipment has

been designed for the. use of trichloroethylene

in the dry cleaning industry. Such equipment,

however, exhausts the greater part of the sol-

vent vapor to the outside atmosphere, thereby

SD-14

minimizing exposure of the worker. Proper de-

sign of the machine insures against seepage of

solvent liquid and vapor during the coentne

operation. PartiaHy closed systems are likewise

adapted to metal degreasing operations in some

conveyorized vapor units.

6.6.8.8 Extraction equipment designed

for trichloroethylene is an example of a closed

system design. .

6.6.4 VAPOR MEASUREMENTS

6.6.4.1 When checking concentrations of

trichloroethylene vapor in the atmosphere, care

is required to make certain that the sample is

representative of the air breathed by the work-

ers, and of the daily fluctuations which may

occur.

6.6.4.2 Continuous recording instru-

ments, arranged to give audible and visible sig-

nals when a predetermined concentration of.

trichloroethylene vapor in air is reached, are

pvailable.

6.6.4.8 Testing methods are described in

the following references:

Flame Test Method, Using the Halide Torch:

V. A. Stenger et al., Ind. Eng. Chem., Anal.

Ed., 11:121 (1939)

F. H. Goidman, J. Ind. Hyg. & Toxicol.,

25:181 (1943)

Thermal Decomposition Methed:

J. C. Olees: et.al., Ind. Eng. Chem., Anal. Ed,

8:260 (1986)

H, F. Smyth, Ind. Eng. Chem., Anal. Ed.,

8:379 (1936)

H. Eikins et al., J. Ind. Hyg. & Toxieol.,

19:474 (1987)

B. D. Tebbens, J. Ind. Hyg. & Toxicol.,

19:204 (1937)

W. F. von Oettingen, J. Ind. Hyg. & Toxicol.,

19:413 (1937) 4

Vapor Pressure Method:

C. Couchman et.al., J. Ind. Hyg. & Toxicol.,

21:256 a?

K. Kay et al., J. Ind. Hyg. & Toxicol., #1 :264

(1939) me

L, Silverman et ai., J. Ind. Hyg. & Toxicol.,

21:270 (1939)

Gas Interferometer Method:

F. A. Patty, J. Ind. Hyg. & Toxicol., 21:469

. (1989)

G. Harrold et al., J. Ind. Hyg. & Toxicol.,

21:491 (19389)

Adsorption Method:

W. Cook et al., J. 'nd Hyg. & Toxicol., 18:194

(1936

L. Cralley et al, J. Ind. Hyg. & Toziecol.,

25:172 (1943)

Photometric Method:

V. F. Hanson, Ind. Eng. Chem., Anal. Ed.,

18:119 (1941)

—»

5/8

Manuai ( Mancfacturing Chemists’ Association of the United States Trichloroethylene

Sheet -+ —

SD-14 \

Colorimetric Method:

H. M. Barrett, J. Ind. Hyg. & Toxicol., 18:341

(1936)

See also American Standards Associa-

tion, ‘‘Allowable Concentration of Trichioro-

ethylene’, Approved Aug. 6, 1946, Z37.19—

1946. (200 ppm). ;

67 Ventilation

6.7.1 General ventilation should be adequate

for processes conducted in closed ce sonlipnane

closed equipment, but mechanical exha ven-

tilation, preferably of the downdraft type, may

be provided for clean-out and other special op-.

erations. Open top vapor degreasers, however,

should be provided with suitable baffles and

otherwise protected from drafts to avoid en-

trainment of trichloroethyiene vapors. Where

equipment is located in pits or depressions, sep-

arate mechanica! exhaust ventilation should be

installed at the-lowest level.

6.7.2 Intakes to exhaust ventilating systems

should be as close as possible to the point where

the vapor escapes or to the source of contamina-

tion and designed to draw the vapor away from

the operator but not across his face.

68 Tank and Equipment Cleaning and Repairs

6.8.1 The hazardous nature of tank and

equipment inspection, cleaning, or repairs re-

quires that the foreman and crew be selected,

trained, and drilled carefully. They should be

fully familiar with the hazards, and the safe-

guards necessary for the safe performance of

the work.

6.8.2 Wherever possible, enclosures should

be cleaned from the outside, using clean-out

doors.

. §.8.3 All pipe lines into or gpt of the tank

or other apparatus should be disconnected, pref-

erably by removing a ccmpiete gmall section

and providing a blank flange on the open end to

protect against hurnan error and unsuspected

leaks. Valves, cocks, and blank flanges in the

pipe line should not be relied upon.

6.84 Danger signs should be placed suitably

*) indicate when workmen are in the tank or

other apparatus.

6.8.5 Be sure the tank can be left by the

original entrance. :

6&6 Lack all electrica! awitches in the off

position, remove belta, disconnect agitators and

completely safeguard against accidental start-

ing of any agitating equipment or other moving

parts located inside or adjacent to the tank.

entrance.

6.8.7 Before entering a tank and during

the course of the work, tests should be made by

a qualified person to determine if further

washing is necessary ; to make sure that no oxy-

gen deficiency exists and that no harmful gases

are present. Before directing men to enter a

tank, an inspection of the interior should be

made by the foreman who should be ejuipped

with a hose-type gas mask, life belt, and life

line; another person should be on guard during

the inspection.

6.8.8 Proper personal protective equipment

should be worn by anyone entering a tank for

Inspection, cleaning, or repairs (see 8.3).

6.8.9 One man on the outside of the tank

should keep the men in the tank under constant

observation, and at least two men should be

available to aid in rescue if any of those in the

tank are overcome.

6.8.10 A supplied air respirator or self-

contained breathing apparatus, together with

rescue harness and life line, should always be

located outside the tank entrance for rescue

purposes, regardless of the tvpe of respiratory

equipment or air supply which is provided for

emplovees inside the tank. | »

6.8.11 In addition to protecting the work-

men actualivy engaged in cleaning and repairing

the tank, attention should be paid to the pro-

tection Gf workers in nearby areas.

6.8.12 Cleaning of making repairs inside a

tank may be hazardous even though the tank

contained a non-toxic, non-flammable material.

In addition to the precautions generally recom-

mended for tank work, such as procurement of

written approval of supervision, testing for

oxygen deficiency, use of rescue harness or life

beit and life line, provision of grounded equip-

ment in good condition for portable electric

lights and power tools, and stationing of thor-

oughly trained ‘‘watchers” outside of the tank

entrance, important additional precautions are

recommended as follows:

(a) Before entering the tank, it should be

emptied, dried and cleared of tri-

chloroethylene vapor.

we (b) Since trichloroethylene vapor is 4.54

times heavier than air, the tank may be

ventilated through openings at the bot-

tom, or by mechanical! exhaust with in-

5719

Trichloroethy lene

Manufactartag Chemists’ Associotion of the United Stat

take at the lowest part of the en-

closure.

ing cleaning, repairing, or inspection.

6.9 Repackaging and Blending

6.9.1 Repackaging should be done with ade-

quate attention to the health hazards involved.

(See 8. Health Hazards and Their Control.)

6.9.2 A label on small containers may be re-

quired by State statutes, regulations, or ordi-

nances. (See 3.2 Label or Identification. )

6.9.3 Trichloroethylene may be added to

flammable solvents to form less flammable or

relatively non-flammable mixtures. It should be

noted, however, if the 84ammable solvent is less

volatile than trichloroethylene, the mixture will

tend to become more and more flammable on

evaporation. If the flammable portion is more

volatile than trichloroethylene, the vapor may

be highly flammable although the liquid mix-

ture is non-flammable.

6.9.4 When trichloroethylene is added to

other solvents, the health hazards of the various

constituents of the x ixture must be given care-

ful consideration.

6.9.5 The addition of other products to tri-

chloroethvlene may affect its corrosive proper-

ties.

7. WASTE DISPOSAL

7.1. Residue may be poured on dry sand, earth,

or ashes at a safe distance from occupied areas

and allowed to evaporate into the atmosphere.

8. HEALTH HAZARDS AND THEIR

CONTROL

This section includes not only recognized first

aid procedures and information of interest to

the layman, but also suggestions which may be

of value to the attending physician.

& 1 Hazards

81.1 Trichloroethylene is toxic by inhala-

tion, by contact with skin or mucous membranes

or by orsi intake. Prolonged, excessive, or re-

peated exfosures to the product in any form

are hazardous.

- and vomiting.

8.1.2 The signs and symptoms of

ethylene poisoning are the result of

the nervous system, lungs, skin and

system. In contrast to chloroform and

tetrachloride, injuries to the liver and kidneys

are rare. The clinical picture varies with the

ed of exposure and the amount of the chemi-

product which is absorbed either at one time

or at repeated times.

Paty

ury to

8.1.3 Symptoms of excessive exposure in-

clude: losa of appetite, sleeplessness, shortness

of breath, cough, vomiting, pains in the abdo-

men, and jaundice. In a few cases delirium, dis-

turbances of vision, or convulsions may be

noted.

8.1.4 TOXIC EFFECTS AFTER INHA-

LATION. The generally accepted maximum

allowable concentration in air is 200 ppm by

volume for an 8-hour day. When exposed to

higher concentrations of vapor, workers usually

complain of tears and burning of the eyes and

irritation of the nose and throat. There may

also be nausea, vomiting, drowsiness, an atti-

tude of irresponsibility and even an appearance

resembling that of alcoholic intoxication. Like

other chlorinated hydrocarbons, _ trichloro-

ethylene acts as an anesthetic. (See 6.2.3)

8.1.4.1 Acute Poisoning

8.1.4.1.1 When the worker inhales an

excessive amount of vapor within a short period

of time, acute poisoning may occur. The first

reaction is irritation of eyes, nose and throat,

fullness in the head with mental. confusion.

There may be dizziness, stupefaction, nausea,

High concentrations of tri-

chloroethylene prevent the proper utilization by

the tissues of the oxygen in the blood. When

this condition is present, physical activity may

lead to severe or even fatal circulatory failure.

If the workman is not immediately removed

from the vapor he may become unconscious and

serious injury can occur.

8.1.4.1.2 Some conditions under which

acute poisoning may occur are as follows:

.(a) By accident, such as equipment

failure,

(b) When workers enter enclosures

or tanks without having taken

adequate precautions (see 6.3),

dled carelessly (see 6.4).

8.1.42 Subacute Poisoning

8.1.42.1 Subacute trichloroethylene

poisoning may result from prolonged or re-

’ *,

Manual . 2

~ Sheet pe ncasbiearecineceinip

Manufacturing (hemiste Association of the U nited State

‘

Trichloroethytene

2S1D-14

peated Work In an atmosphere containing high

concentrations of trichloroethylene, but under

conditions in Which the amount absorbed 18 not

sufficient to cause loss of consciousness.

81.422 Workers with subacute poi-

“adning may become acutely ill and suffer fram

headache, fatigue, nausea, vomiting,

confusion end visual disturbances. There may

he nerve paralysis affecting such structures as

the nerves to the face or extremities: Some-

times there is delirium. In some eases after re-

peated exposure a craving seems to develop so

that the subject see kx further exposure and be-

comes an “addict” In other cases there seems

be a demite action on the nerve supply to the

heart causing a condition Known as fibrillation.

There is reason to believe that, in-some cases at

feast. this has resulted fataliv

RI 1.2 Some conditions under which

poisoning May oceHr in & mployees are

(ad Where the ventilation is) inade-

resulting un high concen-

f trichloroethvilene,

tha Where the

are high in

‘

puute

trations ‘

vapor concentrations

termittently, dhe to

auity handling of the lhquid,

Y Farlure of the individual to ob-

serve precautionary Measures,

Whe an acute exposure of high

concentrations is superimposed

upon the Prolonged exposure to

mild concentrations, circulators

failure can occur.

x 14 Te) § if RR ER: as BRR iM EXTER-

\ 4/ { ING At T

Trichloroethviene may cause

fermatitis after repeated or prolonged contact

Sith the skin, as occurs in proknged or re-

peated handling of rags wet with the chemical

juet, dipping: hands inte the liquid, and

Cearmma clothings safurated with it. Reddening,

oy and. rarely. blisters may follow such

\ eure dn eertain rare cases, the dermatitis

ty caused bv hypersensitivity to tri-

et ' Phe skin becomes rough, red

nd drs due to the removal of skin oils. It

racks easih andas readily susceptible to infec

he skin has a chapped appearance

e152 Eas Trichloroethviene may en

einer a vaporora liquid €spra)

Phe resultant irritat produces

at bye?

“\ mptoms of

jin #Ve darnage

{ ‘ si} oo?

mental.

R16 TOXIC EFFECTS AFTER ORAL

INTAKE. The initial symptoms after toxic

amounta of-trichloroethylene are taken by

mouth are those of irritation of the gastro-

intestina] tract, such-as nausea, vomiting...

diarrhea with bloody stools. The patient may

become rapidly drowsy and later unconscious

accompanied by a stopping of kidney functions.

These may be followed by the generai symptoms

of poisoning enumerated above.

8.2 Prevention end Control

8.2.1 VENTILATION

®.2.1.1 The most important factor in pre-

vention of toxic effects is to have sufficient ven-

tilation to keep the concentration of vapor in the

air below 200 ppm. The odar .of trichloro-

ethylene is distinct and noticeable even in rela-

tively safe concentrations.

STORAGE AND LABELING. Con-

tainers should beslabeled properiy and closed

tightly to minimize the danger cof evaporation

and spillage.

8.2.3 EMPLOYER EDUCATION

Employee Education and Training)

82.3.1) Empiovees should be instructed to

report any signs or symptoms of a substandard

physical condition and receive medical atten-

tion.

8.2.2

(See 6.4

R232 Those working regularity with tri-

chloroethviene may well ybe provided with a

folder explaining the dangerous properties of

this maternal and a statement of proper precau-

tions to observe.

824 PREPLACEMENT PHYSICAL EX-

AMINATIONS

Certain individuals have veen found who

are unduly susceptible to various chlerinated

hvdrocarbons, as shown by previous expe-

riences. The exposure of such individuals can

be minimized by a careful preplacement phvsi-

cal examination. Exposures” to trichlore-

ethvlene even in concentrations known to de

non-hazardous tONgorma! individuagds should be

prohibited in the lowing cases:

(a) Aleoholics,

(hb) Exceedingly fleshy individuais.

Uhdernourished individuals,

Those with pulmonary diseases, stom-

ach ulcers, high blood pressure, dis

eases of the liver, Kidney. or heart, and

1S <7

Manufecturing Chemists’

Association of the United States

Manua!

Sheet

ee ee ee

Trit hloronet Hy lene

bh,

‘

fe) Teose suffering from paralysis, con-

vulsive seizures and highly nervous

stated.

R25 PERIODIC PHYSICAL EXAMINA-.

riGQNS. Employees who are exposed regularly

to tfichioroethylene should be examined, at least

semiannually, by a physician acquainted with

the occupational hazards involved. Physical ex-

anvinations should be reqvired also when any

symptoms of poisonng euch as enumerated

above are present in employees. Discovery of

symptoms of trichloroethylene poisoning may

indicate some defect in operation. This wouid

serve as an indication to examine other exposed

emplovees for early signs of poisoning.

8 Personal Protective Equipment

Re] Personal equipment should not be used

as a substitute for good, safe, working cond-

tions nor fer adequate ventilation. Such equip-

ment may protect the individual wearing it

“while others in the room may be exposed to

high concentrations of vapor. Equipment. re-

quires regular inspection, cleaning and replace-

ment. This is especially trae of industrial gas

masks, Since the canister ontents become ex-

hausted. The correct use of personal protective

equipment requires education of: the worker and

careful supervision whenever such equipment

is utilized. (See 6.4 Emplovee Education and

Training ) .

8.3.2 Emplovees who may be subjected to

severe exposures of trichloroethylene vapor as

in tank cleaming and repairs (see 6.8), in in-

termittent operations where genera! ventilation

is not practical, in cases of failure of piping or

equipment, and in cleaning up spills, should be

proviged when indicated with proper eve and

respiratory pretection as follows

. . a?

Suitable safety

goggles,

Rescue

(k) gas-tight chemicai

harness and life line for those

entering 2 tank or enclosed \storage

space. An outside attendant should

maintain censtant: observation (see

6% Tank and Equipment Cleaning and

; Repairs),

Hose

ss ire

ib)

masks with hose inlet in vapor-

atmosphere, or

Air-line masks with proper reducing

Jvc and fitter suitable for use where

moditions wall permit safe escape in

case of failure of the compressed air

or .

Npply, 0 ; |

if ad breathing

eb -contain equipment

ing him te a well ventilated room and

se ee ane 0 re

SD-14

with stored oxygen or air, which al-

lows greater mobility but requires

highly trained men.

(d) Industrial gas masks, approved by the

United States Bureau of Mines with

canisters approved for use in tri-

chloroethylene vapor, should be used

only when it is certain that the con-

centration of vapor is less than 2 per

cent (20,000 ppm) and there is no

atmospheric oxvgen deficiency, and

then only for exposures not exceeding

one-half hour.

8.3.3 To prevent dermatitis or other effects

of -direct contact with trichloroethylene with

the skin. employees should be provided with:

(a) Gloves and aprons fabricated from, or

impregnated wath, polyvinyl aleehol

plastics or neoprene,

Acid-type goggles where there is dan-

ger of splashing.

AUTION:

(hb)

Protective creanexs can not be

relied "afhord

quate protection,

8.3.4 Facilties for personal cleanliness

should be provided and time allowed for thor-

ough washing before lunch and at the end

the work day.

Mpor ta ade-

8.3.5 Careful cleansing with mild soap, fol-

lowed by the use of an oily cream containing

lanolin to replace skin oils which may have been

dissolved by trichloroethylene, is an important

aid in preventing dermatitis

8.3.6 Reliable safety equipment: manufac-

turers can supply appropriat) protective equip-

ment if they are informed accurately of the par-

ticular product in use

8.4 First Aid and Medical Treatment

841 NCTIPLES

8.4.1.1 Most important in the of any

poisoning is quick removal from exposure. In

the case of trichloroethslene ‘poisoning, this

means first removing the patient from the con-

taminated etmosphere x insofar as possibile,

removing the trichmroethviene from the pa-

tient’s réspiratory tract, skin, or gastro-intesti-

nal tract

8.4.3.2. Gia

GENERAL PRi

CUSL

e the patient fresh air by mos

by dis

persing any crowd. If breathing has CORREO,

start artificial respiration atoonce

52.7)

)

PHYSICAL PROPERTIES

DU PONT CHLORINATED HYDROCARBONS

Trichlor-

Perchlor-

Methylene

a - Na a i Chioride _Chleroform tite ethylene. __ ethylene

hogs CHCl CCl,

Chemical Formula eS: CH,Cl, | CHC), __ _ Ca, CCl,

slecular Weight 84.94 119.39 he © 131.40 i 165.85

Boiling Point (760 mm.) », we 39.8 61.2 86.9 121.2

ae ee \ 103.6 142.2 188.4 250.2

Freezing Point “C. — 96.7 — 63.5 | — 86.4 — 22.35

Le eer ae Oe = — 82.3 ai. -8.2

Steam Diatn. Point (1 atm. ) . 38.3 56.0 73.2 87.7

°F. 100.9 132.8 163.8 \ 189.9

Solvent: Water Ratio, by wt. 66.3:1 4ii:l ‘13.4:1 _ Sse:

Latent Heat of C.H.U. =cal. /a. 78.7 59.3 7.2 50.0

Vaporization (B.P.) B.T.U./Ib. ea “ae 106.0 103.0 90.0

Specific Heat Liquid (20°C.) | 0.276 0.234 0.225 0.205

Vapor ) (1 atm.) 0.155 0.142 0.156 0.146

cal./g./° © or B.T.U./ib./°F. | ; 40°C. Py Oe 80°C. 100°C.

Critical Temperature °C. 245.0 262.9 271.0 347.1

- aaa : 473.0 —§05.2 519.8 656.8

| Critical Pressure, atm. ie oie. 60.9 53.8 $9.5 —

Thermal Conductivity Liquid (20°C .) 0.0920 0.0751 0.0801 0.0732__

| My xy (B.P.) 0.00438 0.00455 0.00482 0.00505

U./hr. (sq. ft.) (F./ft.) | - Se

Specific Gravity (20°/4°C. ) | 1.326 1.489 1.464 1.623

Pounds per Cal. (20°C.) oe 12.43 12.30 15°C.) * 13.85

Coefficient of Cubical Expansion aes ~ 0.00137 0.00129 0.00117 | 0.00102

—Av./°C. Liquid | ow 0°-40°C 0°-40°C. 0°-25°C

— Density g./liter 4.36 4.45 5.22

(B.P., 760 mm.) Ib./cu. ft. 0.272 0.278 0.326

Specific Gravity (Air = 1.00) 2. 33° ae ae 4.54 9-83

Diffusivity in Air (25°C., latm.), sq. cm. a 0.091 ; 0.079 0.073 0.067

Evaporation Rate (ether = 100) — 28 a | | coe.

Solubility in Water (25°C.). g /100g. T33 a :. sore 0.11 0.015

Solubility of Water in Chlorohydrocarbon t i

(25°C.), g. Water/100 g. : 0.170 0.083 0.027 0.0105

Manas!

Masufecturing Chemists’ Agpecintive of iw Ush. State

Trichieroeth y lene

Sheet ————$$_$___————

SD-14

24.1.3 Keep the patient quiet and com-

fortably warm but not hot.

841.4 Call a physician immediately, ex-

plaining briefly and clearly what has happened

and the exact location of the patient. Do not

give anything by mouth to an unconscious pa-

trent. ;

842 SPECIFIC ACTIONS

842.1 Inhalation

A person showing symptcems of tri-

chloroethvlene vapor poisoning should be re-

moved promptly from the contaminated area.

In case breathing has stopped, effective artifi-

cial respiration, such as that obtained by the

prone pressure method, should be started im-

mediately. If oxygen inhalation apparatus is

available, oxygen should be administered only

fone familiar with the operation of the appa-

ratus is presem to administer it. If patient is

conscious, hot tea or coffee may be given as a

stimulant.

Adrenalin should never be queen tod per-

cottering from te Phlorvethulene poisoning,

\ physician should be called at once

x $22 Nhin Contact. All contaminated

fothing should be removed at once. Clothing,

including shees, soaked in trichloroethylene

should be removed and not worn again until

thoroughly dry. All affected areas should be

washed thoroughly with warm water and soap.

i ? ) ‘

a Tie Mead

After this an ointment containing lanolin should

be applied in order to replace the natural ski..

oils. For serious or persistent cases of skin

trouble and for signs and symptoms of general-

ized poisoning, a physician should be consulted.

8.4.2.3 Contact with Eyes. If liquid tri-

chloroethylene has entered the eyes or if they

have been exposed to strong concentrations of

the vapor, they should be irrigated immediately

and copiously with water for a minimum of 15

minutes. The eye lids should be held apart dur-

ing the irrigation to insure contact of water

with all the tissues of the surface of the eye and

lids. A physician should be called in attendance

at the first possible moment, preferably an eye

specialist. If a physician is not immediately

available, the eye irrigation should be continued

for a second period of 15 minutes. After the first

i5 minute period of irrigation is completed, it

is permissible, as a first aid measure, to instill

‘wo or three drops of an 0.5 per cent pontocaine

solution or an equally effective aqueous topical

anesthetic. No oils or oily ointments should be

instilled unless ordered by the physician.

8424 Taken Internally. If a person has

awallowed trichloroethylene, he should be made

to vomit by drinking a glassful of mustard wa-

ter, lukewarm galt water, or soapy warm water.

If necessary, the patient should be encouraged

to stick his finger down j|his throat to induce

vomiting. This procedure should be repeated at

least three times and then followed by the ad.

. ministration, of a tablespoonful of ¢psom salty

A physician should be called at once

foal information ynothis publication has been supplied by the Medical Advisory (ommittee

ff the Manufacturing Chemists’ Association

523

CHEMICAL SAFETY DATA SHEETS

Manual Sheet £D-1 Formaldehyde = 16 cents

Manual Sheet SD-2 i ee

Manual Sheet SD-3 Carbon Tetrachloride --_-_-_- +o eass- == OOS

Manual Sheet SD-4 . 2. ee

Manual Sheet SD-5 | Nitric Acid ; idbh maw hinn ag ci ae

Manual Sheet SD-6 Paraformaldehyde - . 15 cents

Manual Sheet SD-7 Acetylene 15 cents

Manual Sheet SD-8 Anhydrous Ammonia 20 cents

Manual Sheet SD-9 Caustic Soda : 20 cents

Manual Sheet SD-10 Caustic Potash } 20 cents

Manual Sheet SD-11 Perchloric Acid Solution _. __. ..20 cents

Manual Sheet SD-12 Carbon Disulfide 20 cents

Manual Sheet SD-13 Aqua Amnrionia 20 cents

Manual Sheet SD-14 Trichloroothylene 20 cents

YIANULALS OF STANDARD and RECOMMENDED PRACTICE

ee | Warning Labels 100

The Chermical Safety Data Sheets, and a complete list ef publ.cations including

manual sheets on unioading tank cars, drums, and carbove “when filled with ce:

tuin chemical products may be secured from the

MANUFACTURING CHEMISTS’ ASSOCTATION

608 Woodward Building

Washington 5, D.C.

UUS.A.

Send remiftance with orders.

Guide No. 60 LI. December 18, 1946 ° File MH494.

du Pont de Nemours & Co., Inc., E. I., Mfr.,

Electrochemicals Dept., Wilmington 98, Del.

Plants: Niagara Falls, N. Y.; Wyandotte, Mich.

Cleaning Liquid.

A volatile liquid consisting of trichlorethylene, metal degreasing grade; intended for use

in cleaning metals. Not flammabie or explosive at ordinary room temperatures but

mederately flammable at higher ambient tem tures (32 C, 89.6 F and upward)

under conditions in which the concentration of vapor in air is comparatively high

(about 16 per cent by volume) and there is an intense source of ignition such as an -

- ic arc. A higher ambient temperature (about 60 C, 122 F and upward, de

ng upon conditions) i required to produce moderately flammable vapor-air

mixtures which can be ignited by a less intense source of ignition such as ordinary

sperts and flame. q

Classed as nonfilammable at ordinary temperatures and moderately flammable at higher

temperatures. The fire hazard is very sma:i, being rated 3 as determined by Under-

writers’ Laboratories. Inc.'s Standard for Classification in ‘which

Ether rates ..................... rei gan opie mero Niet ora 100

RGIS eR een aos agen ee 90—100

' Aleohol (ethyl) rates ( ccccccccck voceeececceee 60-— 170

Kerosene (100 F flash) rates ............................ 30— 40

Paraffin oll rates one coven Sabie er 10— 20

Marking: Listee’s name and ‘‘Triclene D.”

Listed—Reexamination Serv ice. beg

See description of Reexamination Service on guide. card.

This card replaces MH494 dated Aug. 9, 1946.

“~" This card is issued by Underwriters’ Iaboratories, Inc.

; |

iY DROCASE:

on.

_ Now/iummable Fluide fer Industria!

PAR ee

LRRE

1! INDUSTRIAL use of solvents has been

greatly expanded through the development of

synthetic organic materials with inherent prop-

erties which make them practicable and desir-

able for many products and Krocesses Among

the important synthetic fluids are the non

flammable chlorinated hydrocarbons — trichior

ethylene, perchlorethylene, methylene chlonde,

and chloroform.

These solvents, although closely related

chemically, have physical properties which are

sufficiently different to permit the selection o!

the one which is best suitea for a specific appli

cation. Because they are nonflammable, the

hazards of fire and explosion have been elim

nated. They are pure and uniform, hence can

he recovered and reused many times with no

alteration of their properties.

The large scale production of these nontlam

mable fluids has assisted materially in the

development and eatension of new processes

auch as vapor degreasing of metals, continuous

scouring of wool and woolen piece go ds

conti. vous sterilization of canned goods in het

solvent vapor, and dry cleaning. Some of, these

processes are entirely new: others replace less

desirable processes which were difficult to con-

trol because of the fire and explosion hazards.

Today, neariy 300,000,000 pounds a year of

these solvents are used in industrial processes

Many of the new processes and improve

ments in existing processes which have been

made possible by these synthetic solvents, are

a result of industrial developments. Further

development will naturally come about as a

result of industry becoming better acquainted

with synthetic solvents and their many

applications

This book is designed to help in the selectio:

of the solvent best fitted for a particular appt

cation. It contains detaded data on the chemical!

and physical properties of Du Pont Chlorinated

Hydrocarbons. The physical properties 0!

number of other industria) solvents are listed

ina convement table’ The practical, gener

information should be useful in the develop

ment ; of New Processes ind IMmMproveme rit

exci rocesses which can Use SsoOive dts

5 cage es 2 canes a came ad

pecific Heat Liquid whe ) | 0.276 0.234 0.225 0.205

— r ) (1 atm.) 0.155 0.142 0.156 0.146

"Vapor $C or B.T.U./Ib./°F. “fe | |. ft. =

(“Critical Temperature F 245.0 — 262.9 271.0 347.1

a «$73.0 505.2 | 519.8 656.8

‘Critical Pressure, atm. a Bi 60.9 53.8 | es ae aaa

Thermal —" Liquid (20°C...) 0.0920 0.0751 0.0801 0.0732

Vapor (B.P : 0.00438 0.00455 0.00482 0.00505

SPU. /he. (oq. ft.) CF./ft.) | ee

_— a (20°/4°C. *] a 1.326 1.489 | 1.464 _ ____1.623

Pounds per Gal. (20°C...) ea 11.07, tee 12.43 12.30(15°C.) ———_—i13.55

Coefficient of Cubical Expansion 0.00137 0.00129 0.00117 0.00102

—Ay./°C. Liquid ane. . o°-40°C. / 0°-40°C. «O° -25°C.

Vapor Density C. liter | 3.30 4.36 4.45 | 5.22

(B.P., 760 mm.) Ib./cu. ft. | 0.206 0.272 0.278 0.326

Specific Gravity (Air = 1.00) . oe eee ae —_., sa... _ SS

Diffusivity in Air (25°C. , 1 atm:), 8 eq. cm. yo — 0.091 2 9.079, 0.073 : 0.067

Evaporation Rate (ether = 100) en Miee...* : _ ee 28 Mee.

Solubility in Water (25°C.), g./100 g. t 1.32 0.7 0.11 0.015

ce, 4-

Solubility of Water in Chlorohydrocarbon ; | |

(25°C.), g. Water/100 g. | 0.170 | 0.083 0.027 0.0105

Viecoaity Liquid (20°C.), Centipoiser = - 0.57 | 0.58 0.88

Vapor ae _ | 0.0109 aor.) 0.0115 (61°C.) 0.0103 (60°C.) 0.6099 (60°C.) _

Refractive Index Liquid, NR | 1.4244 1.4455 1.4782 1.5044

Vapor 5 | | 1.001055 (25°C.) | 1.001436 (0°C.) | 1.001784 (0°C.) 1.002009 (0°C.)

‘Surface Tension (in air), dynes/cm.

Flash Point °C. | _

IThose substances rated as moderately Hammable by the

Underwriters’ Laboratories are stated to be much less

hazardous than gasoline but more hazardous than am.

monia. Trichlorethylene, Methylene Chloride, and © thlor-

oform ere practically nonflammable and none xplosive at °

ordinary temperatures, but at higher temperatures under

fur orable conditions may form weakly combustible nux:

28.2 (20°C.) | 26.2 (25°C., in N)' 29 (30°C.) approx. 32.32 (20°C.)

Dielectric Constant Liquid “——"" “F"“9. (0°C.) «4.788 ere). "3.42 (16°C.) 2.365 (25°C.)

Vapor re 1 0062 (40°C.) , 1.00462 (69 6°C.) | ~- — pee

Heat of Formation, kg.-cal./mole |

Liquid 28.6 31.2 +1] +3

: Vapor i... ae 23.6 eee, 6 eS

“Flammability, ie 2 i i) ,

Underwriters’ Laboratories Rating , Nonflam. Nonflam. | Nonflam. Nonflam.

Rated 3 Rated 0

| — om

tures with air. -The rating numbers accord with « oder

writers. Lal oratories. standard of classification in which:

Rther rates a near ea ie ee 100

(saseline rates 90-100

Aleohol Cethyl) rules - Hv. 70

Kerosene (LO0°R. Hash rate: 1 $f. 40

| Paraffin oil rates i. 2a

i : *

” aay”

$28

VATED HYDROCARBONS

entail id

sateen +

t « - ‘ ‘ ’ ~s ,

’ x \ Cetate A ‘ =f H é

riene chiomde or ct rerorn Met! Viene +

~ ‘ ‘ . ;

perc! oret! V :e’tihe { tric retny erie Sil vs

; Ps 2

é ~ t ” ¢*t Tf if

She spray method because of its powerful solvent

ation and commercially satisfactory rate of evapor.

‘onto dt must be remembered, however, that in

‘ny such mixture the differences in the respective

sates of evaporation of the various components

yuse the composition of the blend to alter in time,

‘nid iay lead to the formation of a flammable

Composition

2%,

7M,

Perchlorethyvlene and trichlorethylene are in common

ise cas dry cleaning solvents. Here again, non-

Jammability and high solvent efficiency are of

orime importance. Specially designed equipment

assures efficient, economical, and safe operation.

Both solvents remove grease, dirt, and oil from

varments in a short time, and garments are left free

from solvent) odor. Since the solvents ure low-

boiling. they can be readily -recovered by simple

distillation. The Du Pont dry cleaning grades of

perchlorethylene and trichlorethylene are sold un-

der the trade-marks “Perclene’ and ‘“Triclene”.

respectively.» 5 .

In textile manufacturing, trichlorethylene and.

to 4 lesser extent, perchlorethylene are used in

“Derby” continuous dry.cleaning units. to remove

spinning oils and accumulated soil from woolen

piece goods. This method has the advantage of

giving excellent ‘cleaning at low cost: with recovers

of the valuable spinning ails.

; Ve ede tia

4 : -

= rY

Many chlorinated hye rocarbens. are used ‘in’ the

extéaction field.. The selection of the solvent de.

pends upon many factors, such as solubility of the

material being extracted, ‘cost, and nature of the

extraction process.. The attractive combination of

properties found in trichlorethylene have made 1t

one of the more versatile extraction solvents, and

Iu Pont extraction-grade trichlorethylene has im-

portant commercial applications in the extraction

of oils from oil bearing Seeds ‘sovbeans, etc... meat

scrap. raw wool, and of. caffeine and a number of

pharmaceuticals.

Methylene chloride is particularly suited for ex

traction processes where the extracted solids are

heat-sensitive and solvent recovery must be carried

out at low temperatures. The high stability of

trighlorethyvlene and methylene chloride in the pres-

‘ence of water permits their complete removal from

extracted oils by steatn distillation. Where the

extracted solids are not particularly heal sensitive,

however. the intermediate boiling point of trichlor.

ethylene permits complete removal of solvent from

oil and meal, and efficient recovery in water cooled

condensers supplied with city, river, or well water,

even under summer conditions. Perchlorethylene

mav be applied to advantage in the combined drying:

and-extraction of materials, such as raw meat scrap.

which have a high moisture content. Its relatively

high boiling point makes perchlorethylene somewhat

more difficult to remove from the extraction prod

ucts than trichlorethvlene or methylene chloride

In such applications perchlorethylene serves as d

heat transfer medium in driving off the water. and

subsequently. as extractive solvent. |

_ > - s

Pre hegseieacliieant.

Methylene chloride and, to a lesser extent, trichlor.

ethylene are used as low-temperature heat transfer

fluids because of favorable properties, including low

freezing points. 7

‘Du Pont also sells methyl! chloride under the

registered trade-mark “‘Artic’’, a widely used refrig-

erant for commercial and household units.

carbons’ have been

Some of the chlorinate:! Ledr

found valuable as solver

destroving insects. “The excellent solvent capacity

in preparations for

~-of methvlene chloride for many of the commonly

used insecticides is utilized in aerosol mixtures.

Perchlorethvlene is used as anthelmintic :

Other properties which make these materials of

value or interest for industrial work include low

electrical conductivity, high liquid and vapor densi-

ties and low solubility in water. Trichlorethylene

and chloroform are used as freezing-point depres.

sants for .carbon tetrachloride — tire-extinguishing

fluid because of their low freezing- points and their

ability to lower the freezing-point of carbon tetra.

chloride when added to the latter in small amounts.

Other examples of the diversified applications of

_echlorohydroearbon solvents include the use of

methvlene chloride and trichlorethylene as oil.

dewaxing compounds. methvlene chloride in’ the

preparation of highly efficient nonflammable paint

removers: trichlorethylene for textile spotting and

paint removal. perchlorethvlene for ‘metal wood.

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™ aaeeenre 3 ES Se CEA ,

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e SENIJAICS DINVSE HLEAGON

. 42YIO YIM

SMNODUVIOUGAH GIL ENTE: 40 NOSIAVaWOD

Popper sOorver!

ea7yt Larmin manufacture

. ei ; b | . orn 5 ‘ . . re nae ;

PF ', chioroform has ea wide variety

® ¥ f

i : Phohe LIL TCAs

H + i ” rst i «¥ : + } } *. “

7an | MUTaCTOres tetrachioretia ne an

PRAMZA OU ITY OATING C

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gin

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, : f the chiorinated hydrocarbon

, decompose through three fundamental.

Arce ACH FeCcOMpoOsItIOnN preodeduc ts

5 :

eof air oxidation | 2. presence of witeN

is oand 63) high temperatures «pyrolysis

«Oo Subject to a type of polymerization

be termed “condensation. Oxidation

In eee

igher temperatures and by certain

fn.

qd thei salts Decomposition oft the oxida:

iMeooonidabion TVyue Preis be: effectively C97)

f ery Srna mounts of Inhibitors: such

mts

;

Pyi¢

e>Tiée*t

my) bP

Vibro

vanized iron, may be used with the chlorinated

hydrocarbons under normal conditions of use or

under conditions where the forfnation of acidic

decomposition products (see “Stability”, above)

is avoided. Aluminum is not generally satisfactory

as a material of construction for equipment handling

chlorinated solvents. However, aluminum articles

are safely degreased in boiling trichidrethylene; in

this case, time of contact is limited and proper

control allows the solvent to be kept free from finely

divided aluminum and aluminum corrosion products

which tend to promote decomposition of the solvent.

In selecting materials of construction, due con-

sideration must be given to the ease with which

the metal surface can oxidize. As discussed above,

under normal conditions of industrial use, methylene

chloride, chloroform, trichlorethylene, and perchlor-

ethylene will not decompose to a sufficient extent

to cause corrosion of the common metals. Like other

grease solvents, however, the Du Pont chlorinated

hydrocarbons do remove protective oils, waxes,

yrease, etc., from metal surfaces thereby permitting

rusting in the presence of air and or water. Accord-

ingly, under some cenditions of use it is necessary

to utilize nonoxidizing surfaces such aa galvanized

iron, nickel, tinned copper, and the various chrome-

nickle stainless steels.

SAFETY PRECAUTIONS

The degree of toxicity of the several chlorinated

hydrocarbons .varies considerably: chloroform is

considered moderately toxic; methylene chloride,

trichlorethylene, and perchlorethylene are among

the least toxic of the chlorohydrocarbon group of

chemicals. | |

Trichlorethylene, perchlorethylene, and meth-

ylene chloride have some narcotic action. Symptoms

of exposure to exceasive concentrations include

headache, undue fatigue, or nausea. On access to

fresh air, the solvents are rapidly eliminated from

the body and the symptoms disappear quickly,

leaving no permanent effects on the body organs.

Contact of the skin with chlorinated hydrocarbons

and their vapors should be minimized, because

absorption through the pores may produce the same

physiological effect as inhalation and by removing

natural skin oils can cause excessive skin dryness

or “chapping’’. Lanolin salve relieves skin dryness

by replacing lost natural oils. Contact of vapors

with the eyes should be particularly avoided because

of the sensitiveness of these organs. Obviously, the

chlorchydrocarbons must not be taken internally.

On exposure to high temperatures (e.g., open —

flames or open electric heaters) the chlorohydro- —

carbons may decompose to toxic and corrosive sub- ;

stances; such combustion products should be vented .

to the outside through corrosion-resistant ducts.

Systems using chlorinated hydrocarbons should

be well designed and maintained to minimize leakage

of vapors into working areas. In addition to the

standard methods of analyzing for chlorohydro-

carbon vapors in air, the vapors may be quickly

detected and estimated with the Du Pont Chloro-

hydrocarbon Analyzer. This instrument measures

photoelectrically the spectral line of copper halide

formed by the action of the chlorohydrocarbon on

copper in a flaming arc electrode system. The

Analyzer is manufactured and sold by Davis Emer-

gency Equipment Co., Inc., Newark, N. JJ.

Years of experience in the manufacture, handling,

and use in hundreds of plants have demonstrated

that the Du Pont chlorinated hydrocarbons may

be used in properly designed, operated, and main-

tained equipment with negligible health hazard.

Inasmuch as the manner of handling and using

these products after they leave the factory is entirely

beyond the control of the supplier, no guarantee can

be implied as to the effects of their use or their toxic

effects, whether or not they are used in accordance

with recommended procedures.

ret ike em &y erpovwee

it CHNICAL SERVICE

The Electrochemicals Department, E. I. du Pont

de Nemours & Company, has had more than 25 vears

of experience in manufacturing, handling, and

servicing chlorinated hydrocarbons. Upon request.

the following customer services are available: assist-

ance in applying any of the materials for particular

purposes; additional technical data: services of

experienced engineers for consultation on equipment

design, plant layout, and materials handling; assist-

ance of technical servicemen (Coast-to-Coast serv-.

ice): laboratory analysis of products; and service

laboratory evaluation of processes. For prompt

service, write to the nearest office see below) or to

your supplier of Du Pont solvents.

BALTIMORE 2,M _\ P

321 Fallsway

BOSTON 10, MASS. Hancock 6-17! 4

140 Federal Street |

CHARLOTTE 2,N. C. 5.554

427 W. Fourth Street |

CHICAGO 3, lit Andove:

7 S$. Cearborn Street

CINCINNATI 2, OHIO Por mwes

2412 Carew Tower

CLEVELAND 14, OHIQ Cherry 1-6

1226 Nat. City Bank Bldg

DALLAS‘ 10, TEXAS | Harwood 7465

3rd and Borich Streets

DETROIT 26, MICH Woodward 2/7:

| 966 Penobscot Bldg.

HOUSTON’ 7, TEXAS | Preston 4132

2812 Center oe

KANSAS CITY’ 1, MO. Victor 624

Guinotte and Mich. Aves.

LOS ANGELES, CALIF. Pdieriand 3-275)

P.O. Box 70, El Monte, Calif.

NEW ORLEANS’ 18, LA. Walnut 4527

Maple and Leak Aves.

o NEW Yt “K YT, N.Y. Longacre J-644°

350 Fifth Avenue

OKLAHOMA CITY’ 2. OKLA.

v : 263 S$. Compress Street

| PHILADELPHIA 3, PA Kingsley 5-1900

- , 1616 Walnut Street

i PITTSBURGH 22, PA. . Grant 1-296)

:- . ; "S17 Park Building

: SAN FRANCISCO 6, CALIF. Evlavauk 2-87 3!

235 Second Street

TULSA’ 3, OKLA. a1 go!

oe . a4 . 26 N. Guthrie Street

$i.

WICHITA* 2, KANS.

223 S. Wichita Street

*Barada & Page. inc”

Export Division

Du Pont Building, Wilmington 98, Delaware

E. 1. DU PONT DE NEMOURS & CO. (INC.), WILMINGTON 98, DEL.

ELECTROCHEMICALS DEPARTMENT

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BETTER THINGS FOR BETTER LIVING... THROUGH CHEMISTRY

[535

ni ‘ M@cNOLIA Soy Propucts @.

P.O. BOX 183

onaeheveLe MISS.

*% « TEre | | | February 14,195.

PRotura to |

Mr «0 .8,Shepherd, Manager, AN "4

Chlorine Products Divisl ize Exhibit No. gd...4-----

E.I DuPont Company,

Govt. |) Witness

Wilmincton, Delaware. | . a’. Abte

Plt. ( )

ptt. ( )

aeoasepeoererrs** )

Dear Mr Shepherd: eee

qnesemnmnnnqnoosscnnons”” Reporter

Some eichty ‘ead of cattle have died recently in the vicinity of Poplar-

ville, Mississippi, the cause of which has been traced to feeding soybean menl

made in our plant. ‘Ye are facing « lawsuit which brings into sharp focus

the necessity of some sort of action. The worst possible publicity is shaping

up and we are advised that nolitical action to bar use of our meal in this

state is to followe *"urther, we have encountered growin: resistance to the

| use of our m2al in areas outside of Mississinpi, with some cancellations

Cx | of contrects.

To date ad have had not too much trouble marietin- our meal. This is because

ther: has developed a shortage of protein in the drouth area of the South-

west. This condition will not last indefinitely and we will be faced wwith

4 the problem of-sellinz ow meal in a competitive marizet. It is self-evident

that we cannot contime aclling meal that is limited to certain uses ina

by us as to the quality of the meal and whether meal mado by trichlorethylene

s extraction wis actually harmful tocattle. On Aurust 11,1950, you wrote us

; that in no cases where tho meal was properly manufactured was there any record

Hp ilk effects on cattle. ‘Ye assumed that by offering trichlorethylene for

sale and promotinz the use of it that you had gone far enough with the dev-

elopment to know for certainthat it was safe.

R competitive market.

\ é At the timewe were plannine the buildin; of this mill the question was raised

. :

| ~ N On July 31,1951 you wrote that some trouble had developed from feeding tri-’

chlorethylene extracted meal and advised us to channel our meal to poultry and

hog feeders. At a conference this week with Stuart Armstrong we learned that

no quick solution to the problem was anticipated.

XQ) We cannot consider operating this mill with trichlorethylene until the toxicity

problem is solwed. That is not in sight. We eeem to have no alternative ex-

cept to convert to hexane, much ns we dislike to do thate

We fecl that DuPont is in large measure responsible for the position we find

ourselves in becauge of tho fact that that you did promote the use of tri-

chlorethylene and disseminated-information indicating it was safe to use. "or

this reason we are askin: that DuPont share the resvonsibility.

Ye shall need to borrow $100,990 to convert our mill and, due to other obli-

gations we are unable to finance this thru recular channele. We have a corp-

oration with paid in capital of $250,000 and we have outstanding obligations

—

Ce aaa,

M-cnoua Soy Propucts “.

P.O. BOX 183

GREENVILLE, MISS.

Mr. C.BeShepherd - 2°

amountin: to $240,000 in first and second mortgages. The appraised value of the

- property is $493,211.

A loan of $100,900 would suit our plans better than any other method at vresert.

Our common stock could be increased by $150,000 and stillleave us within the

bounds of reasonable capitalization.

Since we feel that DuPont is responsible for the situation we find ourselves

in, we are expecting you to assist us by making us this loan or, if preferred,

taking an equal emount of common stock. Sy suggesting two ways to go we only

mean to try to avoid setting a precedent as ‘rArnatrong pointed out as a thing

to be avoided.

This soybean mill was built by the writer and Lyman Reed doing business as

LeueFord Associates and sold to the Magnolia Soy products Company. The majority

stockholders are threatening action against L.L-Ford Associates to recover the

cost of the extraction vlant which amounts to $265,000. The L.L.Ford Associaces

‘are in no position to take this responsibility alonee

Respectfully,

—? 1 PRODUCTS COMPANY

Faerg

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FEEDSTUFFS

coal WEEKLY NEWSPAPER

23—-Number 40

OCTOBER 6, 198)

| Sw Screenings Definition Liste

ACTION TAKEN AT MEETING

OF FEED CONTROL OFFICIALS

Organization Also Goes on Record Against Use of Tri-

chloroethylene Solvent Extracted Soybean Oil Meal

for Calves. Dairy and Beef Cattle

W ASHINGTON—Action toward re-

vising screenings definitions and a

resolution expressing a recommended

attitude toward soybean oi] meal

when trichloroethylene is used as a

solvent were among the developments

of greatest immediate interest to the

feed industry occurring at the 4ist

annual convention of the Association

of American Feed Control Officials.

The meeting was held in Washington

Oct. 3-4.

The resolution on trichloroethylene

reads: “Resolved, that this association

goes on record as discouraging the

use of trichloroethylene solvent ex-

tracted soybean ol] meal, flakes or

pellets in rations for calves, dairy and

beef cattle, until it has been proven

are

such animais, and that, when these

products are sold or offered for sale,

ode

warning statement prohibiting thei

use in rations for calves, dairy and

beef cattle, shall be stated on labei.”’

ee ed

Trichloroethylene has been used as

a solvent in a small number of soy-

feeding of soybean oi] mea] manufac-

tured by the process, although this

has not been definitely established.

any, that trichloroethylene had in

them.

In the meantime, the type of ‘labe!

and warning now recommended by

the feed control officials has been

(Ceatiaved ea pege 8)

nontoxic to

‘Contiaved from page 1)

adooted voluntarily by the four mem-

bers of the National Soybean Process-

ors Assn. who have been using the

solvent.

It has been emphasized that other

types of solvents used in extracting

oil from soybeans are not under sus-

picion, and also that there has been

no evidence that soybean products

manufactured with the use of tri-

chloroethylene have any deleterious

effect on poultry or on animals other

than ruminants

¢/ C)

RC-6614

REG. Ug. PaT.oFF.

ESTABI ISHED i602

E. 1. pu Pont DE Nemours & COMPANY

ELECTROCHEMICALS DEPARTMENT

WILMINGTON 98, DELAWARE

INCORPORATED

a) tt ;

‘ /

; id | Pa

nN ~~.

oo * aarp tae

¥ j >

July 31,1951

"me

Mr. Lyman Reed, Sales Manager | .

- Magnolia Soy Products Company

Greenville, Mississippi

Dear Mr. Reed;

In resent months, there have been increasing indi-

cations that trichiorethylene-extracted soybean meal may be

associated with a hemorrhagic disease in cattle which has been

observed in widely-scattered areas. Research programs are now

being undertaken by the University of Minnesota and Iowa State

College to investigate the nature and causes of the disease and

to determine if trichlorethylene-extracted meal is, in fact, a

contributory factor.

The cause of the disease is unknown. The evidence that

trichlorethylene-extracted meal is associated in any way with the >

disease is entirely circumstantial, but the most recent reports

have all cone from farms using this type of meal in their cattle

feed. Thus, despite the satisfactory experience with trichlorethy-

lene-extracted meal in the past, we cannot ignore the possibility

that this meal under certain conditions, perhaps in combination

with one or more other factors, may be associated with the particular

hemorrhagic disease observed in Minnesota and other scattered points.

In view of the present uncertainty, we strongly recommend

that sales of trichlorethylene-extracted meal be confined to out-

lets other than cattle feed until more definite information is

available from the investigations now underway in Minnesota and

Iowa. To the best of our knowledge, the hemorrhagic disease in

question is peculiar to cattle only, and all the available evidence

and experience indicates that trichlorethylene-extracted meal is

entirely satisfactory as a component for feeding hogs and poultry.

Very truly yours,

+ at E Q

C. B. Shepherd, Manager : yl

Ge Ps

CBS/a Chlorine Products Division .

Date//-2L-F7 Exhibit No...ard.Me-

Gov't. ( ) wa ino) |

me OC Mente

ao ae Bey ee a” er fw eS # Mp libel ar

| A7 me Reporter

BETTER THINGS FOR BETTERPZ LIVING ... THROUGH CHEMISTRY

\ r

, er

4 SRTSee Seryred } oot er

CEE NUS

ORIGINAL ORDER

T. 1@v Poy de Remours a Cobraury

INCORPORATED

FEB 28

ORDER NUMBER

NY 45358

ORDER NUMBER

ERIN en

mn “SHSexnREuEMCH DEPT

INVOICE NUMBER

14s

“ce gorp ig (AGNOLIA SOY PREBUCTS CO |

3 Haye

GREENVILLE mississiwes OATS

earsor VI/2tf5t

CONSIGNED To

OESTINATION

NOTIFY

\OuUTE

emacs or C1 bu pe ox em 4 Ime RLECTROCIEROOONLS CEPT

GREENVILLE

wAGOL.IA 207 PReets co

GRBEnv 1LLE rare 1NGS

ERIE SUPERIER quiguer GT CH GT IC COLLECT

eee

COUNTY

COopry

OC. RING

. «aRRIER

X WOAGARA FALLS ty

11e5e

SHIPPING POINT este Oe oe

" customers

SHIPPING DATE

cmon esl E ud, Mgt

ORDER NO.

as acme atthe me Ry USE THROUGH

TERMS af asAusT BA | oe ote | 27

PACKAGES FREIGHT CLASSIFICATION. OE SCRIPTION OF MERCHANDISE ORDERED, MARKS AND NUMBERS PRICE AMOUNT

| TOTAL

52 ORwS TONER RTEREE Ww

RECEIVED BY

SHIPPERS | oe

BILLING ) OROER TR ekg —

INSTRUCTIONS -— / yf

a , BILLING, t+

A Rf nt nt es ~ e

en Se a

(Lf 19-5)

_No. wvp'5358_ B7O5CA

gate wry (10/2/51

‘ORDER OF € 1 OU PONT OE MEBOURS @

ELECTROCHEMICALS DEPT a

OREENY It ——

ne ee PRODUCTS CO : TI Y-

| = OREENVILLE are MISS

Lee AE SPEHICN ereper. oF CH oF COLLECT LE. J015/

= _/ K WIAQARA FALLS WY = SHIP 1GZEH/SE |

ramen s/o AOA IT Py aT eee | oF

rackioes

52 | ORV TRICHLORETYLENE 1% BULK

————

TRICHLORETHYLENE EXTRACTION GRADE

MISSISSIPP? SALE TAX EXEMPT

dealer (217 94-785

por Y

Zoo ee d

. I,

pee ~All,

svinrens X NIAGARA CALLS WY OM ruses ov oy |

CODE | | 7 lel Batannraaet fs

— SHIPROENT FILL IN PARTICULARS AND PROMPTLY

ITH SHIPPING DOCUMENTS TO BILLING OFFICE

See

_ iia Cr!

Cress

re - aaa a Cm

Sa +O" 3

$0 “th

FACT: 2 &

° =f a ms . Cerne

| E.l. )Ponren Memeens aCe ANY

OU PONT ncorenree ea

ELECTROCHEMICALS DEPT. | ___ NEW YORK NY

so.n ro MAGNOLIA SOY phen pet ti co

GREENVILLE MISSISSIPPI mere 10/2/51

eoseseran TO ORDER OF E I DU PONT DE NEMOURS & CO INC ELECTROCHEMICALS DEPT

Re RT Oe GREENVILLE evave MISS county

wrer MAGNOLIA SOY PRODUCTS CO

nevre ERIE SUPERIOR BRIDGE GT CN GT IC COLLECT

SCARE me reunawarn

wares vet X NIAGARA FALLS NY SHIP 10/19/51

enerine Bare “OUDER NO.

INBUGTRY | USE | TemeUGeH seaasir ae teat

TERMS 4/d AGAINST Prades *!) 11 | 060) 27

52 DRUMS TRI IN BULK a ee

is covered by Sun treet ert wuss,

us, it is CORES on the terms

650 LBS EACH 33800 LBS NET, and conditions set forth in such

contract. To the extent thie

order is not covered by contract,

TRICHLORETHYLENE EXTRACT

OR LBS | | <\ Seller assumes no obligation ex-

<> cept in conformity with the con-

ditions printed on the reverse

MISSISSIPPI EXEMPT side hereof. |

EC. . BU PONT DE MEMOURS & 66.

erro RE

ELECTROCHEMICALS DEPT.

. en |.

CONDITIONS

1. Seller's Hahility as to delivery ceases upon making delivery of material purchased hereunder to carrier at shipping point ia

youd condiuon, the carrier acung as Buyer's agent. | aan

provided in condition 9 hereof, Seller makes no warranty of anv kind, expressed of implied: except that

I Except as otherwise

rabubrs foe pesusts ot tained

the qemats s fd he ig shall be of merchantable quality, and Buser assumes Gok oe

by the use of the mate al covered by this order, whether used singly of in comb. on Wea” Her preedctan

N.. claim of any kind, whether as to goods delivered or for non-delivery of goceds. shall he cre ver Pooamouat than the pure hase

mice Of the area’s in respect of which such damages are claimed; and facture tt) o.os ceed clam within ten 100 class

com date ct delivery. of the date haed tor delivery, respectively, shall constitute awards be Baver of all cha ims in re-peet

of such goods, No charges of expenses incident to any claims will be allowed Unies approved by an authorved reprcesen-

tative of Seller. Goods shall not Le returned to Seller without Seller's permission.

‘ab

4 -

‘

4. All returnable containers ueed in connection with shi ts of our material are the properts of rhe Seller and are leaned to

the Buver. Buver shall use such containers only for reasonable storage of Seller's gaeds oogmnallv delivered therein and

shall return such containers in good condition within two (2) months from date of onwinal stopunent. Buver shail make 4

deposit at the time of shipment of Seller's current charge for such containers as security tor ther return, Such deFu mit

shall be paid, without discount, ben the invoice for the contents is paid. Uponretirn t ssene ntainers as above provided,

Seller shall credit Buver with the amount of said deposit; but if Buyer fails to return suid Containers in good conditiue and

witbin the specified time, Seller mas refuse to accept same and may retain sau! depress.

If the material covered by this order, is shipped in tank cars furnished fv the Seller the Buver agrees that such tank cars

will be usivaded within forty «ight (48) howe (Sundays and bolidays excepted, atter receipt thereet.

S$. The terms of payment applicable to this order are Seller’s regular terms or those epee ally quoted to Buver. In the event

Buyer fails tu fulfill the terms of payment, or in case Seller shall have ans doubt at ary time ds to Rises s Airaincual res-

ponsibility, Seller may decline to mike further deliveries except upon receipt of Casb or sitinffactory security.

6. Buyer shall reimburve Seller for all taxes, excises or other charges which Seller may he quired to pay to any gov -rament

(national, state or local) upoa che sale, production or transpurtation, of tbe cumma' tie acid bereunder.

" No liability shall result from delay in performance, of non-per’ emance, caused by cic omatances hevond the contro

party affected, including. but not limited to. Act of God, fire, flood, war, .overnment action, accident, hater trouble or

shortage, inability to obtain material, equipment or transportation. Quantiues so affected mav be eluninated with

liability, but the order shall remain otherwise unaffected. Seller reserves the right to reject or defer shipment fo alloor

part Buyer's order, without liability therefor, and Buver mav purchase elsewhere ans quantities sor jected, of

deferred. ;

8 This order is not sesignable or transferable by Buyer, in whole or in part, except with the v i:cen consent of Seller.

9. Seller warrants that the use or sale of the material delivered bereunder will infringe no cham of any United States patent

covering the material itself; but does not warrant against infringement by reason of the use thereot in combina uen with

other material or in the operation of any process. |

10. The prices stated herein inav be adjusted by Seller as of the beginning of ans uercur ts nth by so notifsing Buser in

oo writing at any time prior to the meer date of such change. Such price or pisces shail be paid for all material -hipped

hereunder on and after the date 11 becomes effective. unless subsequenth( again revised bs Seller as provided herein

If unwilling to accept a price adjustment with respect tons product, Buyer mas cancels his order in so far as it relates

to such product by notifying Seller in writing within ten | [t) dav~ after recexpt of Selle: ~ notice, but the order shall

remain in effect with respect to al! other products. In the event of any Governmental action or request ahich prevents

Seller from making a price Mmncrease of Continuing ans pris « already in ettect Seller. to. yaiving Baver ten (10) days

prior written notice, may terminate this order. |

eof * Pie

$ oat

* . . . e a , i s

11. This instrument contains all the terms and conditien- with respect to the sale and purchase of the material named herein.

and no modilication of these ternis and conditions shall be of any force unless seb med cation shall be signed by the

party claimed to be bound thereby. )

ron,

NP-~3S4 : is

goed -- 11-43 -OP2

—_— ST Tervtaanten, rar yy Caper ~ TK Bigs

UNIFORM STRAIGHT BILL OF MADING

ORIGINAL—NOT NEGOTIABLE

_!LLINOIS CENTRAL RAILROAD COMPANY

fe PER Ew iEKe: Peyente nigt >

order, enspt us nota (conten and snc, cotena o :

Secmtret) egres to ea te being understood throughout this con

ite usual of delivery at said destination, if on

I ert ERE

Mail or stzeet address of eonsignes-- For purposes of netifieation caly.\

‘

€ ee

; ’ Vy, |

err D> wer

t te or or stamp beers,

Oe SE ai

doef ie

a -

LZ KMEN |)

: ee EA |

—— Cm TU Sa

AE A , ae

NOTE- Where the rete te dependent on values, shipgwe are sequived te state cpssifisaity ln writing the agreed ov dectared

ioe wsine of the property te herehy epeetialiy stoted ty the ehipaae to he net exneedine

| aR AI

Reman 9

meaner ae ne

sab Anti st Ll fe 7

CONTRACT TERMS ANDO CONDITIONS

Kies us tt

a tal ae Fale HED nina Wy i iif He Weel ae

Ali sabia se : ek 3

A ee TT An

jou ioedes a ji2 g ‘ i + +. ! 42 13 I i eae: fil ; | ot fasta =

HEE vane lab ! iu ae i ! tip abil int : y | i )

rat ceeeeiel fied 7 vis HT Pi TT patente da Ge Gy

A ieee ie UST Himae a 2 Unicel te 1B tha

oe zibits gf ie asthe! q 44 45 ane HT i 1 23 i

hawt i Pilar: aft gh sepeliay UL a LM Ht b ples tab ie

Hier ellie ABA alt Peaney = fae} AF te ey Ce Pa

Tt ft ai tit i 3 fins y fil pala aid > He kai 3

REN Hee TU PR

ae ae aad Uae A

all Pate Hane ; wilt it ae ; ania et | aH Ga |

ree EF F 3s sisal bis 2 oH ; | YW a 7 i 3433 +H FL Tat z FL. 17322 5

si aL A Ur ait NU ie

vin ian suoeaTe uel an HARA eer

BRO HIGH AH HTO | STH he ee ee Heh ee

FE etn a

sgasibitiay uazEys3 adi 7 SH. ! 3 - TE 8.3 533s i 5 Tei 3 + ' ty 3 :

ue Pie ciine hints be ; ts Ht pila ae i wi

Feel ipl bailany jasiee Rr alia BEL Wd

PAL UH EH Bee ieee PTH BGP reHIH eH EE

sqssf, 2 psZzt reas, Ua 9284 Bey oad i*s fills j | ytd 734 t | $ IF By 1

ST Ce

Se hyp? jes Hee i Sa hn Co

ays ata entataaia ie He 1! ; my : ai aH tee (i RTT HA ay

SReUTEH GHG HH | beet real Eb Sh Paap eater! arntihiiebe

Ha ee eae AGP

”

a Jume 16, 104i)

» 1960, and

eat Ning tue tan teased ond te

BA a Tat,

int

te ee ee ee a ee mreare ~ :

See seme ee

3 Mh Me U

an. aah

—?»

° ey a

t SAS COMPAKY

A A + ‘ * 4 ~ A

the Cstyinal Ml of Lading

The ¢

delivery of

hgout’e Me.

wad) gc6

freght aad all

. ee

< y

ar. .

-Va*.

Y yy

, ~

ad tt fwe parte << omeveer by umier fae cm sugges: Ubed Ge foal) af ee ee ed ”

BOTT et chs saws le dependent on velus, chippere are required te etete

The agrecs ov destared veiwee of te weriimenty me torwley nesmedlion iy ematiew Sy Ge stopp Ge Boy fme wend Hoy § _—

or, é :

. .

S46

CONTRACT TERMS AND CONDITIONS

> bs

a 2

hemes soe

eget Fis anes of baiemnen, fee

“thet eR apne ate

wr ae

mb's fee nase ake

== ; ee

TF. le an va

yy ety - i ‘ee free:

WEF F

Sry

Ses

frebght mgeei sted be setirsty st rhuh of corner acter wmbeeded from cart or rensek oF

from or de to sueh stations, wharves, er landmgs: shail be ai owner's risk enti the care are attached te

apeete, or for any articles of extrecrdimary value not spesthenty rated ts the pubiiebed dassifientions er terifizs entens

a Se le Oe ee of the name and address of the owner of sald ; and, im such cases the shi or , oF,

eo reconsigned or diverted, the beneficial owner. ~~ ry ; . property 7 oy a 4

‘i

feconmanor or divertor hae pivea to the carrier erroneous information at to who the benefieial owner is, such reeonagnor or diverter shall h.mecii be liable

teuon charges in respect uf the transportation of such property, and delivery s made by the earrier to such party without euch paymest, such shi or ¢ shall not be lia °

we isha for en salle we delivery is ao made shall ia any event ripper he dsemaney wtiytes Sepa gpg oom the property at the tume of such deliv: Tenariage: dr

tuonal charges w may be found to ue after de. t , exoept that uf such prior to suc iver notified in writing "

he naue-eul atten . lame be may be found to be dee after delivery of the

perty, and has gven in writing to-such dell earner the name an of such beneficial owner, such eball mot be liable for any additional cha we }

y. but if the y to whom delivery is made has given to (he earrier erropeous information as to the ial owner, such party shall sewertheless be for such additional charges. Sn = ene

@ veo to the deli vering carner erruneous information as to who the beneficaal owner 8, such shipper or eonmgnor shall be liable for such transportation charges, notwithstanding the feregoung ey

on nee | uve of any provimons & the eontrary ia the bull of lading or in the eostract of transportation upder whieh the ehipment wae made. The term “delitering carrer” means the ene

mer Macing utlaumate livery. ;

ee ieee fee pene She PDE OF Dab mrice So renuiny as Mane a ay t the prepayment or guarantees of the charges. I! upon inapection it is assertained that the articles shipped are mot those described

bm thos tall of lading, the f t charges must be paid upon the articles ly eb

Where delivery is made by « common carrier by water the forego: spovinnies of thie enethon ehell opely, sncapt an be inconsistent with Part III of the Interstate Comeneree Act.

or otherwise, or election of oummon law or ball of lading Labality, un of in connectioa with such prior ball of lading, shall be consdefed a part af

@oanection with this ball of lading.

See. ©. (a) If all ur any part of said property is carried by water over any of said route; and loss, ee a ee ee ee oe of a carrier by water the li

of gach carrier shall be determined by tte bill of lading of the oarner by water (this ball of lading beimg such bul of lading if the property w transported by such water carrer . ) aad by under the laws

regulations applicable to transportation by water. Such water carriage shall be performed subject to all the terms and provimons of, and all the exemptions from liability eontained in the Act of the Congress of the

United States, approved on February 13, 1893, and ented ‘Ap act relating to the narngation of veasels, etc.."” and of other statutes of the United States acoording carriers by water py eye of lumsted

liabality, ae well as the fulio wing subd vimons of this sectuon; and to the conditsons contained in thus bill of lading not inconmetent with this section, when thus bull of jading becomes the ball of of the carner by

waler.

(b) No such earrier by water shall be liable fee any loes or damage resulting from any fire happening to or on board the vessel, or from explosion, bursting of boilers or breakage of ahafte, unless

@ausc! by the design or nec!et of such carrer.

(c) Uf\the owner shall have exercised due diligence in making the vessel in al] respects seaworthy and properly manned, equipped, and supplied, no such carrier shall be Hable for wee ow anpenaee

resulting from the porils of the 'akes, seas, or other waters, or from latent defects in hull, machinery, or appurtenances whether ex.sting pror to, at the time of, or after sailing, ar from collision.

or otber accidents of pavigation, of fromm prolongation of the voyage. And, when for any reason it is meenesary, any vessel carrying any or all of the property herein desorbed shall be at li to call

hee

BDY port or ports, in pr out of the customary ruute, to tow and towed, to transfer, traneehip, or lighter, to and discharge goods at aay time, to aasist vessels in distrwss, to devinte for the pur-

of pigeon property, aud cor docking and repaira. Except in case of negligence such carrir shall pot be respommbie for aay loss or damage to property if it be mesessary or is usual to carry

Same uj. 0 Gece Bo

. (1) General /Average shall be payable according to the York-Antwerp Rules of 1924, Sections 1 to 15, inclustve, and Sections 17 to 22, and ae to matters pot covered thereby according to

the laws and usages of the Port of New York If the owne-s shall have exercised due diligence to make the,vesee! in all respects seaworthy and manned, ——- and — it le hereby agreed

that in case of danger, damage or disaster resulting from faulte or errors in navigation, or in the management of the vessel, or from aay latent or aad 7 a or _

nanoces, or from unseaworthiness, whether exsting at the time of shipment or at the beginning of the voyage (provided the latent or other defests or the unseaworthiness was not di by oe

erclpe of jue duigence), tha ghippers, consigness anu /or owners of the cargo shall nevertheless pay salvage anc any special charges incurred in respect of the cargo, and sha.! contribute with the shipowner ta

genera: average ty the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred for the commoan beneét or to relieve aptly ped cal con

_ (e) Tf the property ia being carried under « tanff which provides that any oarner or carriers y thereto shall be ible for loss \from perils of the sea, then as to 7 -

of thu section shail be madtitied .9 gcoordance with the tanff provisions, which shail be regarded as incorporated into the eonditions of this bill of sarviare

(f) lhe term ‘water carnage’ ‘on thus section shail not be construed as including lighterage !n or across rivers, harbors, or lakes, when perfarmed by or on tebalf of rel shall wttisowt

Seo. 10. Any alteration, additiou, of erasure iz this bill of lading which shall be made without the special potatzoo bereon of the agent uf tbe carrier issuing thle bill of lading, be on. ont

thie beil of lading shall Le enfurceatie aoouing to ie orvnnal temor. | |

(/iewee)d yuna 15, J 94/) E f ‘

| {cL . 4

¢ ;

tet: pp aeog ikon

UNIFORM STRAIGHT BILL

ORIGINAL—NOT NEGOTIABLE

ULLINOIS CENTRAL RAILROAD COMPARY

19 ikaw

peckages unknown), wnarked, consigned,

this contract as meaning any person or

Seedy tai

‘ (The signature here seknewk

: & ' 30 fF “44 edges eniy the ameunt prepeid.)

7 2 New + |

: Charges Advanced:

If the shipment moves between ¢ > ports by a carrier by water, the isw the bill of fading shal! state whether it is “earrter'3-of shipper’s weight’

NOTE Where the rete te ty On vel, shippers arc ate etets: ~pasities!iy (6 eriting tp or deciared

TP REPOS OF Aeotarod RIK oF the meeemriy lu teamed apeeifion ly etetee fey wee ling ; $_ ~

- JF tAge Lak wea? Pf,

“ "

Zager lie NE Can. : Agent

©” Pe 1 1

a pact ae = Sumi Comat a

Jwmes 18, 1841)

brayts ferry ts

EE maa | tnt

| apie aad ipty git

niu HIE Fe 3 Gis ai ff} ay, a7 Pa

ae ei SL | il a is | AR al | 0s | BY

aH Hy ge ade Heat eet Lapa & me dais Poe her

i if a 1 Hp ath he padi ALL Vay taal rk ai ad Bea 3

ie : 3 4 , a 3 ey r ba He 4 3 B35 ar . 3

nba ULE ij pen Ee Tee anna cat | eect lla

ie ENE Hae Bale aafiicte aie | BL ta! Hab EY §

pees ay pete tue: 1a Ene Hite Pati: ak an

iit fa ep Bah ee sud: pebssige ih | ak | ay hn 2

cet Sail He Bea ce gH | ai “ane

Mies tie ick erty: wie gh ey! ay alale

sally pitt lite rae ee

: aallp Hat ie flag fe ad) ile ae i at ate Hae

x a { d pata i, 234] 4 py it 44 E L Shea 5 ile, tage = 1 iia 3 AY ee 343

| pa gir lB EEL lH tel ee

a eel dat

RH He teerevlaet EH TET Be toy eg aa A ba aed Bee alii

5 SS TT a i f ai i TH ite ut 3 Hetil: gifst! e aig FU 4 0% 234g ed tt

Hi vf Uae EATS . is { 7133 1; | eH THEE 145 | ik rE rm: =i i, aiy

te ‘ , as 3039 s. a9 4e g 23: | ig f j 74° taal 8 7 f Soa Z aT i s Hi -

vied iE j ERS if HL FTE rs Lit: PSH IT EEE sergaztys 2 it slay speed By

ee % i Me sk? S39 . 11: Pitt > spall z HHH aati Seya4 2 iy 4 HE ‘

aC tii te a eee lh iia gai {2c ieale

i Ha ai fate ip hie Tp Hat He : it | it bale

| jaca ie a ea i fae CITT jab He} fal ia

yan bin Mendig SHH HT ete Hie iit thy | yy rae THES

{4 tad] ay j eset". j fee r 1H zits fe ads [etsy 5 #1: 343!

: ' lis iH : “ti rr H iH! : I 3 3 : | Fue 4 wali 4B i % A 4 ae re pet 4 it 3£3203373)

5 : j ‘* 434,33 ¥ vif} 3 : ak a i 3 ES +E tee sigs nf i. yi agus

a HHH EM ee i: , a3 ie yf! atl Hig TELE rh ® lh: a z i i if;

a SMTA Aiea aisha tle te WD Gin ann UH

eit Feeatll era In ishigialis nih it alli uf an a

wad Tata eee fea Reese pba ithuapiat AD id i a

« 5434 8973 ; i Theme ens AHS ArH ee 7 c aflae's if 13 aii

ea EE add H StH or La fF j HE ih

wit ve 14t: P ite B 24s tht: ‘ied

3a 8h ij etter ¥33 a

a hls

20m — 1

— at aoe in connection wi ht Bill of Lacing, tre OFttanke! , Wetter Sac SHEET

and ilMimets C on Terrtteriss, Mareh 15, 1922, as » 1930, end June 1041.) ff f sei

mar Be

ee, rae THIS SHIPPING ORDER

RECEIVE, subject to the classifications and tariffs in effect on ‘the date of the issue of thie Shipping Order,

g*r ; rt ff A i J f - cc

at a lata snesienainncemetancetlesstieillictaeittisint stsionannsasisinsanasssaiidaaaaindatiia secesaoindbiaccuian sain adlle

from . A | a aA ou a ae “x 2 ea ~ ad. ¥ ais —

the property deockibed beliw in eggoeemn order, except as noted (contents and condition of contents of packages unknown), marked, consigned,

and destined as indicated below, company (the word company being understood throughout this contract as meaning any person or cor

poration in possession of the property ee ee) se er St of delivery roc ane cae ctene

— line, otherwise to deliver to po en carrier on the route to said destination. It is mutually agreed, as to each carrier of all or any of said prop-

over all or any portion of said route to destination, oan oh to one ees at any time interested in all or any of said proj that e c

»¢ performed hereunder shall be subject to all the conditions not prohibi iow, whether Payee rinted or written, herein cirri including con

ditions 0 on beck her met, which as are ted agreed to by | the shipper and pocepted I or r himeelf and

; 4 f , i, , = y

Destination 2 Le 7“t4 " Sate of 2 A. County of a

ranger to Bection 7 of com

if thie shipment is to to

“ delivered to the consignee

ee recourse on the con-

the consignor shall sign

the Scllowine statement:

The carrier shall not make

delivery of — Treight and al

out pavunmnt reight

other lawful charges. ‘

. 7m “(Bignature of Canaigner.)

s®

Bee ogo o*

10° /TAW Ng: f b coe’ : The signature here deknewt

tt a < 1° de retin nnniee ft nny 6«<Sgee eniy the amount prepaid.)

; w | en Se ere a ee

‘ | ee

Sean a een * f- pene mension

ae “| Charges Advanced :

, the tnw reguivan that tbe bill of ining aba ite emrrer's or eteppey’s wraght |

tly im writing the agreed or davertn med

The agreed or dostared vatwe of the property ts hereby specifieatiy mated by the shipper ts be net exoeeding ¢ 2 "

RR AE CRRA RR cid Lae ARES mote wrt 4 = GONE es

wrAgent must detach and retain this P ted

Order and must align the Original Bill of Lad

550

CONTRACT TERMS AND CONDITIONS

hes, i (a) The cartier of party in poerescioe of any wf the property berete deseribed shall be /iatis a2 a! sommmon lew for any loss thereof or damage thereto. except as bercinafier provided.

fs) No carrier or party in possession of al] or any of ube property berein desanbed shail be liable for any lose therect or damage thereto or delay caused by the act of Cort, the publ enemy, the aether~

Slaw. @ the act of default of the shipper of o=pe, or for natural shrinkage. The oarrier’s lisbility shall be that of warebouseman, only, fov joss, damage, w delay caused by Gre ad to

ciratlon cof the free time allowed by tanfla lawfully on file free tune to be eomputed as therein provided) after potsees of the arrival af the proparty at destemation or at the port of expert )

~ axport) bas been duly sent or given. aod after piscement af the y tow ary a4 destination, or ee ee af the property to the y ented to reserve it, hae bese F resp?

case of negiigeoce of the carrier or pasty in possession (and the den te prove freedom from euch segiigence shall om the carrier or party lm posseaman), the carrer or party ln posession shall

4 he table for lows, damage, of delay occurring while the property is stopped and hed in transit upon ihe request of the shipper, ower, or party enisled to maks sueh request, or resulling from o

eet ory vioe {no the property. or for cnintry damage to cotton, or from ricte or strikes.

(c) la case of Quarantine the propesty may be discharged at riak and :penee of owners Into tine depot or eleewhere, as required by quarantine regulations or euthorities, or for the enrrier’s

apateb at nearest avaudable powt is carrier's judgment, and in any euch onse carrier's reepunsibiity shall cease when property is so discharged, or property may be returned by carrier at owner's a-

eee to ahipptog point, earning freight both ways Quarantine expenses of whatever nature or kind upon or in respect to property shall be borne by the owners of the property or be » bes thereun.

wviee shall oot be lable for ious or damage occasioned by Jumigation or disusfoction of other acts required of done by quarantine regulations or authorities even though the same may hove besa done

» carrier's officers, agents, or employees, nor for dctention, lose, or damage of any kind oocasioned by quarantine or the enforcement thereuf. No earner shail be lisile, exce;t lo enge of negligence, fer

1y mistake or inaccuracy ip any balaremneitin furnished by the carrier, \te agente, or officers, as to quarantine laws or regulations. The shipper shal] bold the carriers barmiess from any e1 pense they

ew, OF ee they tnay be required to pay, by reason of the introduction of the property covered by thus contract into any place against the quarantine laws or regulations in effect ot euch

Gee. 2. (a) No carrer ia bound to transport said property by any particular traip or vesed, or in tame for any particular # or othberwwe than with reasunabie « very earner

ss right in case of physical necsesity to forward said property by any carrier or rote between the point of shipment aod the point of desunation. In all eases pot prohibited by lew, wheres

mo actual value hae been represented la wniung by the obi or has been agreed upon in writing as the released va'ue of the property s« determined by the claesfastion or tangs ujue ©

based, such lower wus plua freight charges if shall be the mexzimum amount to be recovered, whether or not such loss or damage ocoours from pegiigedoa.

(b) As a comdithon precedent to recovery, me must be fled lo writiug with the or delivering carrier, or carrier lesuing thie b' of lading. or carrier ca whose lime the ices,

delay oocurred, within nine muoths after delivery of the arty (or, tn case of export within nine moothe alter delivery at port . ~“«port) or, in case of failure to make deliv

me months afier a reasonable time for delivery bas elapeed; suite ebal] be instituted agsinst any carrier only withim two yeare and one day rum the day when votice in writing —_

» the claiman’ that the carrier has disallowed the aaim or any part or parts thereof epecbed in poues. Where claims are not filed or suits are noi institeted thereon ia

ing proviaions, no sarrier hereunder shall be liable, and such elaims will ov. be paid

{c) Amy carrier or party lisble op account of lose of or damage to any of said y shall have the full benefit of any Ineursnce that may heve bees eflested upos or on arsoust of

far aa thie shall not avend the policies or contracte of insurance: Provided, t the car:ier reamburee the claimant for the premium paid thereon. |

See. 3. biceps where such services is required ae the result of carrier's negligence, all property shall be subject“to necessary ecoperage aad bal at owver’s cost Fach carrier ewer whose route ectten

gottoa linters is to be ti hereunder shall have the privilage, at ite own cost and “isk, of compressing the same for greater convenience in han ‘jing or {urwardmg, and shal! not be held respoe-

tde for deviation or unavosdable delays in pr guch compression. Crain in bulk cousigned toa pout where there fe = rauroad, publie or licensed elevator, may (unies: otherwiwe e1 y noted

avin, and then if it le net promptiy unlawled) be thave dalvoead aad shane with other grain of the same kind and grade without respest to ownership (aad prompt seties thérvol be gvea te

me & or), and Uf sc delivered shall be eubject to e lien for elevator charges tn addit.on to all other charges bereunder.

Ses. 4. (a) Property pot removed by the y entitled to receive it within the free time allowed by tariffs, lawfully om file (such free time to be computed os therein provided), after notice of

sa arrival the property at destiaation or the nS eee oe tur export) hus been duly sent or givem, and after placement of the property fuv delivery at destinatwe has been

ay be kept in v car, d warehouse or place of delivery of the carrier, subject to the tarif charge for storage and to carrier's responsitulity O een as de ee

ay Le removed to stored in a pébiie or lieemaed warehouse at ihe of detivery or otber available place, at eost of the owner, and there bald without Lliabsity on the part of oucTier, RR

st to 8 lien for al freight and other iawful charges, iucluding a reasonable charge for storage '

(b) Where noapenshable property which bas been to destination hereunder is refused by consignes or the party entitled to recetve it, or sald consignes or party entitled te reseive it falls

» receive it within 15 days after notice of arrival shall have duly Gah de divtie, thn Ghavian Saag edit thn datas a4 paldlc castian to the Sighass badd, oh ent: tae ah te gen goyt Saye

revided, That the shall beve first mailed, sent, or given to the consignor notice that the y hae bees refused or remains unclamped, as the ease may be, and 1} te to

rder notify, the name of the to and the time place of once a week fur two successive , ls @ sewspaper of general cireulation at the sale or nearem piece wine

| Peotdel, Thnk 50 duos cia bane dooted babes ieation of notice of sale alter eaid notice that the preperty wae refused or remains unclaimed wae mailed, sent, or given.

destination le refused by consignes or party entitled to receive it, or sald consignee or party entitled to receive fall to

further deterioration, sel] the eame to the best advantage at privete or publie anle: Provided, That if time serves for nett

iste

iil

wetve hi ptly, the carrier may, in ite diseretion, te prevent deterioration or

-_— toe comsignor or owner of the. refuel ol ihe property or the falere to receive Wand request for disposiicn of tbe property, soch notibestion shall be given, in such masner a0 Ube exarion of

we duigence requires, before the property te gold.

(i) Wheré the edure provided for is the two paragraphs fast preseding fc not possible, it be thet aothing sontained fe saki paragraphs shall be construed to abridgs the right of the earrier

. = the property under suck sireumstances and im such maaner as may be ast law. iz

(s) proresde of any eale made under thie seotice shall be applied by the carrier to the payment of freight, demurrage, storage, and aay other lawful charges and the of notices, adver

cement, sale; and other aecessary expense and of earing for aad the property, if proper eare of the same requires special expense, and ehould there be a balance it be paid co the owner

iis oroperty hereunder.

WP destined to or taken from 8 station, wheel, or landing of wish there to pe rugeitly_sepeinins freight agemt shall be entirely st risk of owner after unlcaded from cars or vesecle of

wa intc care or vessels, execpt tm caso of aarrier’s when recetved from or te such stations, wharves, or landmmgs sball be at owners risk usta the cars are attached to

ad after are deise@ed from tran isto aad after unloaded from v

shall

oh bs takes ber ta bela ad a oe eed ap pene hoy by elgnatare, provided far that diy teas af has till ok ladies Goss ths see

@ parpose cm

the E peng Bw y ry Ca ET ant Se ee, ee Se ee without eoch payment, the consignor (except as hereinafter pre

ied) hall net be Mable fer such charges. Provided, that, where the carricr been tastructed by the shipper or consignuor to deliver said to a scape Be ayy ger Bell mag: cr

seh consignes shall not be legally liable for transportation sherges fa 7 Se Nentusrnnve See Deters Seen eae eee See ee the time of delivery for which he te otherwies

thigh may be foubd to be due a te eS ee if the ok ett no beneficial title tz said property, and ee oe oe eee ete

otified the delivering carrier le writing of ef euch agency and absense af is dee 0 0 Akan simmiee Seatel Gb gaked Ge tas Oe cota

sf bil of lading, bee alec notified the carrier im writing of the name aad addroes of the owner of sald property; and, im guch cases the shipper or consignor, or, in the case of « shipment

4 ot Ang seinen om secer o on ge weer ecb oon! ye og ge beg my oe oo thd gh stgetoege = eyes oe gle Mignedlpa Diag pellnmigall: Neqnednre oy

a ok eltumata destination tbe ead besetoval owner sball be Lab fr all legally applicable charges i

rater | , . exeept ae ibe iaesusiatwat with Part ITI of the Interstate Comuarse Ast

chipper. or exchange or in substitution for another bill of lading, g signature to tbe prior ball of lading stems nh

oot gr Gestion of commen low or Lil of lnding tality, | co audios Gab aah biG! leding, shall be considered 0 part of the bill serpin apa po tapi teal yd

p aieey te eink prenaviy counts of a carrier by water the

og Mf te = ons pews under the lows

of Cengrem

ha (t4--h

cael

weston ane | PA 16, 1641.) 47 sae

rave th i te Themen & :

THIS MEMORANDUM soabarty onmned tantin, con tf Gamabedl kts tor tine or yy Segoad * ia

ILLINOIS CERTRAL RAILROAD COMPANY

wt bo the cleasiGcations God taridis in effect on the date of the receipt by the eervhr af tbe pron iy domaribgd te tis Original Bet of

| | Aw’ » 0a bp

OY Tae tho

ate alll

~ 4 Pee.

Bu. eee

ee ee ee

| Change Ai vance:

enerar is Ree commie Geet Mee RAE OF ialing dined ate: eras 6 ey ee Melee e eae

nigger ae memes ty wemhe apoelitendiy be wetting: Glee ayer oe de Ae atRWRe!

| Noe eeprom See ee Be ee &

‘8

coal nok be bad reaper,

for deviation or ume mm mal

eae toes rape et hee geome ey

ok & provided) after wether 2

my be i vo wicca

may ot

gmay be removed to eurrtet aad ae

~~ ee party eatitied to rosetvs 1s falls

Pye)

receive i withis oe Sea

4. That ew oe

wader the terre ee a ee

a oe ont a eS cima wrt

aonpere > oe te eoapepanhee .~

trun to the consignor or owner of the refueal of thy property or the failure to reserve ft aad request for disposition

des duigence requires, before the property be eold. :

(d) a ee provided fur in the twe yaragraphs last preseding ie wot possible, it fe thes sething contained in anid paragraphs shell b= construed 10 sbridge the right of ibe carrier

a ite to sell the property under such circumst, and in such masmer as may be authorised by law. .

(ce) The proceeds of aay made under this erct er ee eee: oe, CHORD, OEE, cee any ee reae ane the oxpenee of nothin, ofvee

Moaerel, sale, sud “bey Senuary Gapense ad of caring tyr and elatsining the property, Uf proper ease of the came reyeires epeme! expense, apd should there Loe balanes i be pasd te the owna

property eunde. ;

(f) y destined to or taken from a station, wharf, cr landing at which there ts no regularly | freight agent shall be extirel) at rik of owner after unleaded from eure cy vessels w

otf into care or vessel, and. except In case of carries igence. when received from or del) to such stations, wherves, or lnadings shal be ai owner's risk wails the sare are atiacked ts

amd after Chey are detached fram bocomotive or train or until inte and after uninaded {-om vesesla

bec. 5. No carrier hereunder wilcarry o be liable in say way for any dosoments, epeeie, or for ay articles of extreontinery valee mot apesitieally reted tm the published duesifcations er tertile wahuzs

, ty, ‘evovet f

vory party, w principal or agent, shupping ex ves or sed oneal : ;

eurrier againas cea a damage caused by such such goods may at owner's risk ei expathe or destroyed

Ses. 7. The cwper or consgnes shall pay the f t aod av if any, aod al) other lawful « Soereng Se ape Seeeray but a” metemees whew Mo may brvfull; be wether wes:

te du eo, po carrier by railroad shall deliver or relinqu sintiatinn a teateniion of the y by thie of lading wnt of Pipi oe ae

dhall be Iinble for the freight aad all other lnwfui ches except that if the eonsignor Peete: hyd Be Eh cf thie bell of lading Cee earner

make dels without requiring payment of such gee and the carrier, contrary to such oti shall make without requiring sveh payment, the eunsigner (escept as hereinafter pro

ei) shal! .ot be lisble fur such charges. Provided, that, where the carrier has been instrusted by the shipper or consignor to deliver said to a cther thaa the shipper or

mush consignee shall pot be legally liable for tranaportetwn charges in oS vee: & wie ene ene Se ae im of the time of delivery Ce ee ay

bow

whieh may be fuund to be due after the y hac been delivered to the me ee Se | ementioechond y, aad (b) pricr to delivery of sald property

motified the delivering carrier im writing of ot A ak cas ak ten a eet the dues of s duane See ae Meee eo: Ce ae,

wai bill of lading, has aiso notifie! the deliv carrier in writing of the mame aad address . :

2 eee or Hiverted, the bmeficta] owner, be Dable for euch additional charges. |

Limee{ te linble for much edditioaal eharges. On shipments reconsigned or diverted by aa agent who bes fur the zarveer is (be reeoesignment of drsvermos

amd address of (he |teneheval owner, aad where such al.ipamerntes are refused or abandoned at uitumate destinatuon, the ead benefieal o

reccumnana at diverter San aires 99 tie Garten Seeeuieein rerenenig 5000 She Ses Sentotin: Sane i, same Conaengeet st

If w shipper oe conmanor of a shipment of property cet oes ete ere wae Se m

welrismd a) to deiy reuch peoperty at destination to another party, (b) that eveh y = the : ba

moon chargranercspect of the Uansportation of auch property, and delivery = by the earner ty eush without euch non one ee oF | shall

@ others.) foe such transportauco charges bu® the party to whom delivery is so made shall is any event by lable for traasportatios charges agmast (he property ai the tums of sush dei) i

wads} woal charges wluch may be found to be dun after ein giorno exoryt that df such party pror to such delivery bee motufied ia TT eet ee ee eee oe OW

party, and has given ia whiting to auch delivering carner the name of sush beaefeial owner, sush party shall not aoeergce en pen hn. ,

y bu df the y to whoe delivery = made hase gren to thy earner erroneous informetion as to the beets a eS ee ee for sueh me gm = ee ene

Be oven to the dclivemnng carner erroneous informauon as to who the bensfieal owner m. sush shipper or eoamgnor abail h be liahle for eush transportation charges, pot wiihetamding the foregoing

paragraph and irrespective of any proviwons to the scotrary in Ube ball of iading or un the evntract of transportetioa under which the shipment wae made. The tecm “del vering carr” means (he oan

tte making wumate deiivery. |

Nutt heen elall licut the rght of tho carrier tu mire at time of ent ee ens 97 SEMIRNNN SE te Care If upomhmepestion it is sesertained that the artieles shipped are act hose deasribed

Me Chee bill of lading, the freyght charges mast be paid upon te articles ly :

Where detivery in tendl he n cclensa vanven Us water the furegoiag proviainas 1 eaangaeny: rage De, ar bang eyeliner inscostetent with Part 1! of the isterstate Commeres Act. |

Bec. 8. If thus bri! of ladung in eurd oo the order of the abipper, or his agent, 19 exrhange of ip substitution fur another bull of lnding, the atu 2 agnetes » pmor ball of ladimg as to the statement of vaius

@ otherwise, of ddectios of aommon law uw ty. of lading latality, in of uo cunpectang with euee prmor Lal] of lading, aball b- eonmmdered « part of bail lading

Gemnretioo with Wim bd) of lading. ? ,

See B® (a) If ahoe. + pari of anid property is carried by water over any eee ete, Sas See, Say oe ay Sa ele Peeety wane ee an Gee & io Oe eaten of a carrter nr wpe hacen |

wf wach carrier ahall be dete: cnined by the till od lading of the carner by water (thee ball of lading being sech bill ing if the property is tranebaried Wr auth quae garcee entender) ead y's uader the laws

reg uiatiome ay ploalds to transportation by water Such watermearrage shall be performed am bject to all the terms and prow vous of, cad all the exemptions [rum lisbuty coatained in the Act of the Uoagress of the

titled Stalea, approved oo February 13, 1501, and entitied “Am set relating to the aaiigation of ve eto,” and of other statutes of the Unrted tates sesording earners by water the protestion of jumrted

tality, as well as the following subdi rex oe of Ue section; and to the conditions contauzed in thas bull of eding But ineomastent wfth this\ssetaum, when ths ball of lading Seoumer the ball of lading of the earry *

(>) No gue earrier water shell be liatie for any joes or damage resuiting from any fire happening tc or on board the vessel, or frem asplosion, bursting of boilers or breakage of shafts, uaiew

—" the design or ect of auch carrer ;

(e) If the cine aad have exorcwed due aaa, a ee, caee tee ek aatheas oc act kone and ru mo euch carrier shall be Mable for any lose or damage

weeuilung from the perile uf the lakes, seas, or other waters, of from latest defeste tp bull, mach , OF appurtenances w me prior to, at time pf, or ee Toe smuien, ene

@ other soctdents of navigation, ur frum prolongation of the voyage And, when for ay reason it = necessary, veasel carrying any o all of the property described shal! bs at liberty to call

@ay port or ports, in or out of the custumary ruute, to tow and be towed, to transfer, trane-ehip, or lighter, to and discharge goods at aay time, to assist vemsols 1n distrems, to deviate for the pur-

-~? uf a property, and fur docking and repaira Except in case ef negligence euch carrier shall not be responaibie for any loss or damage to property if ft be necessary or is usual to carry

game up deck. : roe ;

(d) General A shall be peyabls according to the York-Antwerp Rules of 1924, Bestions | to 15, inclustve, and Sections 17 to 22, tne and as to matter Bot covered thereby according

lawe am! usages of the }\rt of New York. If the owners shall have due diligeses to make the vense ta all respects seaworthy and px , et. en ae ved, it le hereby

im case of danger, damage or dusaster resulting from faults or o@ ion navigation, or in the managemen: of the vessel, or from any latent or other delecta In eat mach or

maeocea, or from unsea worthiness, whether existing at the time of shipment or at the beginning of the voyage (pruwided che latent or other defects or the unsea worthiness was not discovers by -

erase of dus diligence), the shippers, cousigness and/or owners of thc cargo aball nevertheless pay sal charges tpowrred in respect of the cargo. and shall ooatribute With the shipowner

@amere! average to the pa t of any sacrifices, losses or expenecs of a general average nature may be e or incurred for the oummon benefit or to relieve the.adventure from any cominoe

a ee ee es a eee oa Oe ee ee oes from perils of the eea, then as to suck carrier oy carriers the provis-as

ef thes sectson shal! mudified wo secordance with es ang of imding | )

io A tu ae ee Othe bill a = } ceeds elites & Er Gaen de cases da ce eee Ce .

ny alteration, aidition, or erasure eg ates Wapuing thie bill ehell be without effect.

(ite tall of lacing aball be enjorceniise cosurding to tts original tenor. si ”

(Remsed June 15. 184!) is

ae fully as of the eames were writes or made in or

ee | :

subjest to the ciassifertions and tusifis im effect on the

Prudég ‘to

peed epdix, emegy an mete! somes sat Howell une

under the

ad f Rg

“i hs tccmen) mores hte fre parts hy 8 carrier by wate ite ime -Bputres thet the bill a! Mating ball state wiethw i he “aemher’s or ubigaper’s weigh. ~

MOTE Where the rato le dependent en value, Ses megacte wo tat Semmes qoeeellam ty Ae wewetEeg Shes agree fined

CRG eT emt weuhess OH Oe Soe be Sle ene? y mitered! leg GF coMgagaar fee Ske Sean) ann ati, s_

()

a |

Bes | (a) Tee carrier or party is pemeeestow of amy of the preperty herein deseribed ahall be Mable as af sumzpon tow for aay low “harec! or damage thereto, eee as ; proved ag

(b) No carrtwr er party te oy of all cr any of the property herem deseribed shall be heble for aay hoes ineren! wy lacange Unareie or dalay mnawed by the act of God. hay de

iy << law. of Use eet of tines or or sect

epralom of the free time allewed br « kewfulty an 7 Game ten Se ecraputed ae therwm proviced) af

for expwt) hee Deep dety some or ghwea, and after niecsment the or teader of

agy mustake or meceuracy te aay By rene a ee ee mms. 0s to quarantine lave or reguintions The shipper shall bold the carriers harmices RADY oa pee

cur, oF they may be required to pay, by reason of the intredmoties of the preperty covered by this A into againet the quaranime tawe or raguistions in effest ai suah

Ses. 2. (a) 0 carrier 9 bowed te transport sexi property by aay pertionbar train or vessel, or ta time for any particelar or otherwise thaa wiih rensosable dispatch Every carrier bere

the ‘ght in case of physiol meseesity to forward gaid property by amy carrer or route between the poiat of shipmest and the point of desiinauion Le all cases mot probbited hy law, where a lower valine

bane mech lovee value’ Bias reg shapes ijl chal © the were, eed en Oe reencnd vag of the property ne detarnined by the elasibeation ey tari Whaat th: mot

te beend, sech t+ Ringed at uly gn if perdi ahell etre sepousd a be resewered whelaer ou aul Sech oa © covers from negligence

(b> Asa x presedemt ta resovery ches

« delay occurred, within aiee monthe after delivery pega Se. 2 eS eee within nine mrozths after delivery at port of yart} or, te ease of failure to make da! ‘ou

soe monthe aller a reagomabhe time for defivery has elapeed: page tr atin. = y bye Aad within two years sad @ y from Ube day when notice ia writing a given bythe crv

goang pro; wsemn, 0c enviar Horeeies Ghat be tae ane oar nd Dass & pails Casual apenas te iets, Giulams are act fied sulle aro ect instituted Uberecn be SOA tine hare

0g [O) wrons, DO carrier herewnder aball be lable. aad such claume will be pard. ~

et thle Gill St GU Ti nadie renee ne es ee have the full benefit of any imewrance that may have beas eleciad upoe w am account of said prepay,

& cottoe linters is bo hereunder shell have the privilegs, of its owe eest aad riak. of Gee enme for comvenienee iz buadhag or ( and shal not be lage.

site fer deciaiads Gh her eueaee w sock com presmce. edge ptm ba Bohan 2% iaare is a radirond, peblie or lcenend eevater mey (warens ethercrige ox Beh

bertin. and then if it te sot unloaded) be there delivered and-phesed with other grein of te anans Kind and grade witbeet temoch to seme en ied may (walems cthervin be giver &

the cx , and 4 so deltvered be subject to a len for charges be adetrtzen to ad other ober ye lerwe ~ cer

Sec. Tao eee, es em@tiied te within the free time allowed by tila, nwiulty on fe (werk fros time wo be computed as thersia provided) alter notion oi

Mee arnval of tbe property af destheation or the ike property for delivery af Gesiamatwe bec base

carrier's respomsibesty ae warebouserias only, or of ihe

| we ! om the of ike carrier, aad act

ject to a bem for all freaghs other lawful charges, include; « reasonable charge for storage.

(b) Where noopenshatde property which has been « to op berene cr ‘x reesed bry wench ren or aw

to racesve Ro within 15 dave after pothee of arrival all <

Prevtted, That the canur shall

wae be ee ek ae ton be

coe e.

order notify, tbe name af Prouask

wewapaper be puldisbed: That Ww

fwoeiro Mo prompdy, the carrier may, be jes discretion. to prevent deterioration or

Bealoe bt the consignor or owner of the refusal of the property or the failure to

Gwe Juigeoee coyuires, before the property te said.

(1) Where the procedure provided for te the two paragraphs Pack eeneat Dat pasate, Rte apvend hat vathing contained in cid parngrephe chal be comstreed to abridge the right of tho eagrhe:

“<7 to eel) ibe pr wader @ ch creumstances | te such maneer es may be eetherieed by isa.

MO. Sot hte

amd

(oe) The proceeds of sey vader the eecuon shall be aprissd by the carnar nt Ceo d

Gemoec\. gale ami olber peowmmery @xpemee and of caring for aad seni ,

of Lae propert, sokd hereunder

(f) Property cdesuned to or taken from a ; wtf, 7 7 +

wet howled Wie cars or renemia, amd, except ip case of carves’ « nagngunen, when rensived frem of 2 cach sateens, wherwm, @ lnediege shal be ai comers risk emid ibe care ert pbieobed te

toil at Lew tbe y are detached from lovomestive

ao a8

Sen. § No carrer bersunder wil emrry or be lable in aay for aay Goessenta, specie, or for any ertiche: of extrocrdimary waiue wet apesitealty rated in the published deew/cetions a ttl: aabv

Ore Cas es, Ge ee ee ee or teien oe few ent

eS ed pore. eee OF agent explom ves or wae goed, without previews full written Giectesare te the eurrier of their enturs, ahall be lhbhe fer cmd imdunaulty tne

@errier against all or es euch goode, werk goods may o owner's risk aed expense a destreyed without cae pansatios

See. 7. The owner or cual pay the fresghs and 2 if aay SE an wae dene on weed preperty im these fmstnees where BR aay lewfalty bs cutie tnd

m do ao, no carner by rallroed ahead) deltver of rel puasnithen af Gietianiion a te by this se me | can ak tie bond oe ee te ee

whall te latte fur the freagbht am neler except that if the consigecr re Pre ee eres Ser Cant, purpose on the face of thin bil of balling tbe carrier «

moe make delivery witht payment a euch charges aed the earrier, contrary to sack verede PRO eee tg, ae teh a cOmnge (encept ne hereteri bay poe

wkied) shall nos be hable for euck charges. Previded, that, whore the bees inetrusted by

lest

cwrrter ime shipper or eommgear te deliver sani property to 2 Aber thea the shipper or

weet consignee shall not be legally tabée far transportation charges tn So lan i Cae eenmnarentsen of enld Geeperty Convend Conse Wied at the time of daliviry caeruaicoee

Le we

bin

wiueh may be fouod w be due after the y bes been delivered to bum. ooe Sane Oy one rt ase ste ie anid property, aad (b) poor weap teflon ol ag iy

Wot ted Ube delivering carrier be writtag af tact of such agency and absences of tthady E the woe of & dip seeemigned or direc! Wo past cibe ee tet weal

am) tall of lading, hae ale motMhed the defi carter in writing of ube mame ead address of the

wo neooamn ere of diverted, the beneath] owner. be Habke for sack addi thoes) charges. whips og wey mele od pty to the earrter erremecus lexbarmeainon cs be whe Use bumethatel

When) hve be labbe for much addrtonal charges. On shipanen te resommgned or diverted by aa agent whe Gorter im the resomehgnenemt er divermo: urder enh» be coe ef agemery omc! Une Saal

end achiress fj be beoefeaal owner Be cara roa ee nd of nbnacoved at etamate Gmtrnatinn, the mad bunetinal weer shot! be hablo for all ingall rppheabie charges ia cxanectien tharwnisn. i te

Tf a Chipper wt commgnee ule ehipaneat of property (other these peal a nn ental weer ws, sich ressungner or diverter chell hamast! be heble ber Ce oe

i a Qi pper espe gptnh oop heb rtmarbeety eee ty tyrerecqeee Lelpr el we on poe mh qovonrty, sad 0 tend eibany ate te conde ce eee ie wetting, 0 GeDvains tater ty

radioed al delower such property aé demtumauoo to apolber party, (b) that such ms the owsar of wach preperty, and (¢) thet detrwery = to be made te euch perty only ss wrecayas

ooo Charges :o raapect of Ube treaeporte toe of euch property, aad delivery m= Be call toc en ie en a ae aes thrall set be bebie (es ’ Somme

w@ other wie) lor such Unanmportaion charges but the party to whom del very 2 go wade shall im any event binsaiee Sor tr nema Rime, orien gee Behe agp wet property af the temas of da tm Pear + whol

Whutmaal chagges wiuch ummy be found to he due after delivery of the fateh Cent creas ee ee alk en aa to ee Oe Sevearing eaeter Wht Do 0 nat tin ewner of the pew

perty aed has ven in writing to sueh deb wernng carner Lhe mare of gent beeches! owner, enah Bool met ier See tthe tee’ soa yet amine | aeay be fewend to uc dee after detrwery af thr poe

erty Dut the party to whoas debvery = made has gives to the carrer erromecus méormetoon as te the wns eT om sea Re ter Cheaters jes herr meats sate Bet eee Se eee

DAs nven lo the dil rerog vane erromrous infertma ion aa to who the benefieai ower m, gua supper er commgner shall hen be bebte fer sumh treeupurtation she wea mot ee ee

thie paragraph apd ir ive af amy provumoas lo Ube somirary in Use ball of lading or wm the contrast of tramepertetisn under whech the shipment wes made. The tera, “debwertng earner” manes &- ace

ey Masing ul umate very. | ; . .

Nothing hers shall let the mght of the carter to reqware at tame of abs ibe prepay tamed of gum 'eetes af Ge oberges B xpos inapection i & ancortemsed thet ths artetes shaped ero ara Buc bes

Yee hae inl ot todce, thet t eharges must be Upon the aruckes

Where deli very 5 ani Wed Mein carves water the forego provaions dl this cxsting chal aggly, caught os be imecautebent with Part Il] of the Leteretate (eensrerée Act.

Sec. 8. I thas bull of lading i meued om the order of the shipper or bin agent richangs orm malbritwton er act al of nding, the shaper Spiatare to the pier bid of lading a0 to the statement iii an

er otherwise, of cleetca of comme lew or bat! of lading babuity, wm or m eummection with eek prior tall af indang shell be ccmmdered a part of i ae @ the coms were witthn a ak & oe

gamer wilh Chas bell of incumg. : a

Soe. @ (a) If all oe any pert of eed property we carned by water over asy of eaad rowte, aad los, of majary to said property oscars white the ume is in tho custudy af & verrue ge cade the brolieiy

ame carner shall be determumed by Ube bail od lading of the carner by water ( ball of ladimg beung euch bell ime ff preperty = treasperted by suah woter earner (harusca-) wad by ctmmthat tee ua he tks

regular ls appbea be to Uaasporelon by weaker Such eater carnage shall be performed subjest to all the terms aad provwmecs ef, aed all the :

Umuted tela, approved oo Pebrwary 13. Aud. and eputied Ab act relating to the nangatios of weaneéa, eta” aad of other statutes of the Unsted States seworchag earners by water Ube prventissa ff tenatoi

abelity, ae weil ae tle falho wing Vemwes of Uhius eect nad \o the comditons comtamed un thus bas of ladsng act meonmstent woth thes sestien, when thas bil af lading boaommes Une ball of louzay of Une xia ‘ee

We Sart

(>) No auch carrier by cater shall be Hable fur any Oe or Gamage resulting fram any fre happesing to or ‘on beerd tho vere, cr from axplosben, berstiag of bulers bivedtage Wf abed i eon

Wmaame) Oy he Sew gen On meg of wach carries .

ic) Tf the owner have asercherd! {uc (Uyernee bo making the reseed in all respects seaworthy amd property manned, equipped, end me oweh enrrior shall be Hable for any bucs of mie

femwting from the pera of Ube lakes, seme. or other waters, or from latent defects im ball. mechimer , OF appurtenances whether exietzng _ > a theese of, or after coding or from . oe

a other acotenta of navigation, or from profaagaton of Une voyage. Aad, whee for any reaeoce it 4 Renae y vensal carrymmg amy oF ef the y herein desernbed chal] be at a

BOY portog porta in ar out of Ue eustouary route to terw and be towed, to t: .mefer, trame-ehip, or lighter, to aad duecberge goods of .

powe of gaviog o': of property, aad fee docking and repainn Except im case uf ouginpenes omct emerte stad ot bs ampumeitde for amy hore oF

bet ge Up deck ; =

(d) General ler. shall me paves sccording to (he York Antwerp Rukes of 1924, Sectious | te 18, techasive, and Sections 17 te p = | and es te

Use lnwe ami cages af the Port of New York Lf toe owners aball have crarcesed dee diligence to make the vend im ol respects seaworthy and

; a

gtoeral average to (he ee foe, ton, \veaea or expenses of a general avernge vatere thet may be made or incurred for the commer benefit er to refiere (he adventure from lg sag

(@) if the eT . @. ried under a tan wheeb provides that aay carrier or carriers y thereto shell be imnbie for boss from af the esa, the an to such carrier or curiers

of hae pect aha i aeourtance with the tard "Walsh deal bo cuppptel an nsespenetad te Gc coin of bell of bading |

( The terun..”* water “he Uke section aha) not be construed as bgbterags ‘s or seross rivers, herbora, or inkes, performed by or om bebalf of val earrisre

See. 10 Any alterathom, @ erneure ip thie tul! of ledimg which ghall be made without the syechel potatoes heseon of the hei get tee ates bell af edlinngg, attend ee thos ale aie

scott tad) 4 imbog shall be emboremeite aararding to tke urigiaa temar. .

rte.

eer

(Hemeed June [S 'eds} Sree oe

oe awa eel

p .. ;

eters)

EXHIBIT NO. D 16.

New York: | | | |

We also respectfully request this Honorable Court

to take judicial notice of the law of the State of New

York whereby, by the undisputed evidence, the con-

tract of sale by the Defendant of its product, trichlo-

roethylene, was made. either on the bilateral con-

tract theory of where the confirmation was released

or on the unilateral contract theory of where the

goods were shipped F.O.B. carrier (New York. City

or Niagara Falls—both of New York State).

The Court’s attention is called to the leading cases

of Chysky v. Drake Brothers Company, 235 N.Y. 468.

139 N.E. 076, 27 A.L.R. 1533 (1923); Timpson v. Mar-

shall, Meadows & Steward, 101 N.Y.S.2d 583, 198

Misc. 103 (1950); Day v. Grand Union Co., 113 N.Y.S.-

2d 436 (1952); and Blessington v. McCrory Stores

Corp., 109 N.Y.S.2d 719, affirmed 111 N.E.2d: 421

(1953).

An excellent statement of the New York law ap-

pears in the case of Heggb'om v. John Wannamaker,

New York, 36 N.W.S.2d 777, 178 Misc. 792 (1942), as

follows:

“The amended complaint does not allese that either

of the plaintiffs purchased the exerciser from the de-

fendant and in the absence of an allegation of privity

of contract netween plaintiffs and defendant, the first

cause of action based on breach of warranty cannot

be sustained. ‘Warranty is an incident of a_ sale.

* * * There can be no warranty where there is no

privity of contract.’ Turner v. Edison Storage Bat-

006

tery Co., 248 N.Y. 73, 161 N.E.. 423. ‘The general rule

is that a manufacturer or seller of food, or other

articles of personal property. is not liable .to third

persons, under an implied warranty, who have no

contractual! relations with him. The reason for this

rule is that privity of contract does not exist between.

the seller and such third persons, and unless there be |

privity of contract, there can be no implied warranty.

The benefit of a’ warranty. either express or implied,

does not run with a chattel on-its resale, and in this

respect is unlike a covenant running with the land so

as to give a subsequent purchaser a right of action

against the original seller on a warranty.’

The premises sought to be established is that under

the law of the place where the contract was made—

which controls the incidents thereof as an elementary

principle of law-—-privity of contract is necessary be-

fore contract rights, including warranty obligations.

can arise or .exist.

The Court's attention is also respectfully directed

to the fact that the State of New York—contrary to

the majority rule-—-even requires privity in cases in-

volving products designec for human consumption,

thus emphasizing the primary importance that the

Courts of New York have given to the element of

privity.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.