Combustion Engineering ". . . THE HANDWRITING IS ON THE WALL FOR THOSE PRODUCTS CONTAINING ASBESTOS"

Combustion Engineering and it's officers as well many of its subsidiaries such as R&I Refractory & Insulation Corporation, Walsh Refractories, Mississippi Glass, S. Obermayer/Ramtite and Basic, Inc., among others were members of The American Ceramic Society and the American Society of Mechanical Engineers. Member company officers as well as the Companies received the monthly journals and other publications of these organizations. The following are direct quotes from actual articles printed in these organizational publications.

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1930
. . . believes that both silicosis and asbestosis are due to chemical effects.", The Bulletin, Ceramic Abstracts, Vol. 9, 1930 P. 479.

. . . danger to employees in the asbestos industry caused by inhalation of dust. . ." "The protection afforded by respirators was, it is said, only partial, and there was a real danger that the use of them might give a sense of false security.", The Engineer, April 4, 1930, P. 379

1931
"Asbestosis has been added to silicosis as an occupational disease arising from working in dusty surroundings.", The Bulletin, Ceramic Abstracts, Vol 10, 1931, P. 531

". . . newly enacted workmen's compensation plan to compensate for asbestosis.", The Engineer, Jan. 16, 1993, P. 77

1932
". . . the occupier is to provide mechanical means for preventing the escape of asbestos dust from the various machines into the room, and a breathing apparatus for each person employed in chambers where loose material is prevalent, while the persons employed are to wear that apparatus.", Engineering, Regulations for the Asbestos Industry, Jan. 22, 1932, P. 107.

1933
". . . The plant must be as free from fine air floating dust as is possible and the men must be warned and provided with dust mask.", The Bulletin, Ceramic Abstracts, Vol 12, 1933, P. 107.

1934
American Society of Mechanical Engineers Journal, Mechanical Engineering, Vol. 57, Feb. 1935 (NOTE: Combustion magazine's editors were members and officers of this organization. The magazine regularly attend and summarized the annual meetings of ASME. Also, in 1938 R. M. Gates was an officer of Superheater and Combustion Engineering and was President of ASME 1944-45.) The following direct quotes are from abstracts that were originally presented to the ASME Safety Committee at the ASME Annual Meeting Dec. 3-7, 1934.

". . . perhaps asbestos dust - and these dusts only when in minute particles - are harmful, that is, harmful in the sense and to the extent of causing specific disabling diseases of the lungs." Occupational Diseases, The Problems of Their Practicable Prevention in Industry by F. Robertson Jones, Association of Casualty and Surety Executives, New York, NY., P. 90-94

". . . Unhealthful industrial environment not only causes specific occupational diseases but increases the incidence of disease among the general population."

"The control of occupational disease, therefore, may be seen to present a public-health problem of the first magnitude."

". . . the gradual development of fibrosis of the lungs from exposure to certain dusts. The onset is gradual, the change imperceptible from day to day, until the individual either leaves to be replaced by another worker who passes through the same cycle, or remains at work under progressively lessened efficiency until he can no longer work or becomes a compensable case."

1937
"Silicosis and asbestosis are definite diseases; . . .Two pneumonoconiosises [group of lung diseases] which produced disability are silicosis and asbestosis . . . The symptoms of silicosis and asbestosis are similar, the most important being dyspnea [shortness of breath]. The number of workers exposed to harmful mineral dusts in mining and industry in the U.S. has been estimated as 500,000.", The Bulletin, Ceramic Abstracts, Vol. 16, 1937, P. 137-139.

1939
"Only two dusts actually cause diseases on inhalation, silicon dioxide (usually quartz) and asbestos.", The Bulletin, Ceramic Abstracts, Vol. 18, 1939, P.39.

1940
"Inhaled chrysotile asbestos fibers now appear to be irritating, not because they are silicates, but because they are stiff fibers, mechanically irritating to the lungs." The Bulletin, Ceramic Abstracts, Vol. 19, 1940, P. 228.

1944
"Asbestos dust is second only to free silica in the magnitude of health hazard which is represents. . ."

"Like silicosis, it [asbestosis] is incurable and progressive; a case is reported of a patient who was exposed to asbestos dust for one year and whose sputum showed the presence of asbestosis bodies fourteen years later."

"No minimal safe concentrations [asbestos dust] have yet been set up and information is scant as to the conditions in those plants where a hazards is known to exist.", Heating & Ventilation, Vol. 41, 1944, P. 57-61. (NOTE: Combustion magazine carried reviews of this publication.)

1945
"The best methods of prevention [asbestosis] are (1) replacement of the substance producing the obnoxious dust by a harmless one, . . .(2) prevention of escape of dust into the workshop atmosphere, usually by means of hoods and air suction; (3) the use of respirators by all workers likely to be affected; and (4) copious general ventilation. . . .", The Bulletin, Ceramic Abstracts, Vol. 24, 1945, P. 47-48.

1951
"In general the larger sizes of fibrous dusts such as asbestos appear to be more harmful, whereas in many other mineral dusts the smaller sizes are more injurious. . .", The Bulletin, Ceramic Abstracts, Vol. 30, 1951, P. 77.

1963
"All asbestos dusts should be treated as being injurious to the lungs.", The Bulletin, Ceramic Abstracts, Vol. 42, 1963, P. 63.

1963
Refractory & Insulation Corporation named defendant in asbestos-related lung cancer lawsuit. Marie Vicelich v. Refractory & Insulation Corporation, USDC, NY 63 Civ 731, filed March 19, 1963 (New Jersey). Refractories & Insulation settles for $25,000.

1966
Combustion Engineering, Inc. named defendant in asbestos related lawsuit. Claude Tomplait v. Combustion Engineering, Inc., et al. (1967 USDC, TX); filed Dec. 23, 1966.

1971
"The attached article appeared in the local paper last night which in my opinion indicates the handwriting is on the wall for those products containing asbestos."

"It is my opinion that if we are going to stay in the insulation products, work should BE STARTED to replace the asbestos contained in them . . ."

"Some of the products would be slightly affected by eliminating the asbestos where others would be completely ruined." memo H. B. Speelman to Wyatt Cion (Combustion Engineering officers)

February, 1972
"The factory inspector, who is a government appointed official who controls all manufacturing processes in [England], has just visited our works. We had in stock a small quantity of asbestos for the manufacture of Lite Wate 22. On seeing this he declared that under no circumstances must we use it for any manufacturing process. The use of asbestos fibres is completely taboo in this country unless by special license and with the most fantastic quality and environmental control."

June, 1972
"Products are now asbestos free." Letter to J. O. Kincheloe from George Woods

July, 1972
"One run of Block Stick will be made soon with asbestos to fill current orders and eliminate current inventory.", memo H. B. Speelman W.P. Cion, Aurora Plant.

December, 1974
"Formula for Special Super Stic-Tite. Formula with 6% asbestos.", memo H. B. Speelman W.P. Cion, Aurora Plant. ( verify cite)

December, 1976
"V. Asbestosis Medical Problem. 1900 medical research linked the mineral asbestos with asbestosis and 1935 brought the first direct linkage to cancer. . . . As the tissue thickens in the lungs, severe shortness of breath may develop, along with infection, emphysema and other ailments, including the type of cancer known as mesothelioma" (In response to Fifth Circuit's Borel Decision) American Mutual Insurance Alliance Minutes of November 10, 1976.

April, 1977
"The meeting closed with a unanimous rejection of a suggestion that liability in asbestosis cases be admitted and the carrier agree between themselves as to their respective losses and expenses." (In response to Fifth Circuit's Borel Decision) American Mutual Insurance Alliance Minutes of April 21, 1977.

In the deposition of George W. Woods taken on June 24, 1998, Woods testified to the following:

"There was never a recall of Combustion Engineering asbestos containing products." P. 133

"There was no offer by Combustion Engineering to replace asbestos with asbestos free products." P. 133

"I have seen some materials of Combustion Engineering in a school that I [Woods] surveyed and that was in 1985." P. 162

"In 1971 Combustion Engineering's Stictite had an asbestos content of 38.6 per cent. After reformulation the asbestos content was 42.2 percent. Asbestos was add to keep the same net weight." P. 150

"[Woods] was aware of the alleged hazards of asbestos in the early 1960's through trade journals. [Woods] believes that Combustion Engineering had a greater knowledge or ability to acquire the information that he". P. 175/176

"From 1963 to 1969 Combustion Engineering undertook no tests of any of its asbestos products". P. 198

"Combustion Engineering never undertook any studies or never studied any of its finished products to determine whether in their normal use, they would create hazardous dust." P. 201

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Combustion Engineering manufactured boilers and insulation products. Combustion Engineering, its subsidiaries and predecessors in interest, manufactured the following asbestos products: