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GB 249 FLYNN/2/2/11 · Item · 1982-1999
Part of Laurie Flynn papers on the asbestos industry

Correspondence with James Walker including copies of:

  • opinion of Justice McMorrow (filed 21 October 1999), in Delores McLure v. Owens Corning Fiberglass Corporation, Illinois Supreme Court
  • Dr Schepers' response to Dr Case "regarding personal motives, state of the art, and Canadian workers comp[ensation] system", January 1999
  • opinion of the court (filed 11 August 1998), in Delores McLure v. Owens Corning Fiberglass Corporation, Fourth District, Illinois
  • opinion of the court (filed 29 May 1998), in Marge Cameron v. Owens Corning Fiberglass Corporation et al., Appellate Court, Illinois
  • opinion of the court (filed 23 November 1994), in Samuel Thomas Adcock v. Brakegate Ltd et al., presumably McLean County, Illinois
  • opinion of the court (filed 31 March 1988), in Clarence Craig and Duveen A Craig v. Lakes Asbestos of Quebec Ltd et al. v. Charter Consolidated plc et al., US Court of Appeals for the Third Circuit, reversing district court view that Charter Consolidated plc was liable under New Jersey law for the tort obligations of its subsidiary Cape Industries plc on an alter ego or piercing the corporate veil theory
  • court's findings (12 September 1983), in Elmer Allen et al. v. PPG Industries Inc. et al., District Court, Eastern District of Texas, Tyler Division, following non-appearance of the defendants Cape Industries plc, Capasco Ltd and Egnep Ltd
  • opinion of the court (filed 1 July 1983), in Anthony A Barber v. Pittsburgh Corning Corporation et al., appeal of Charter Consolidated Ltd et al., Supreme Court of Pennsylvania
  • Flynn's aide memoir re Charter deposition, 15 April 1983
  • North American press coverage c.1965 to 1984, inc. copies of ‘Asbestos Litigation Reporter’ 1981 and photocopies of correspondence relating to asbestos industry and/or disease

Some components announced in the inscription (Selikoff 1977 interview, Steve McQueen notes, IHP notes to J Todd) not found. Components 'Brodeur' and 'LF 1982/US notes' transferred to FLYNN/2/1.

GB 249 FLYNN/2/3/3 · Item · 1975-1983
Part of Laurie Flynn papers on the asbestos industry
  • correspondence between Stephen A Milwid and Richard Gaze re Pittsburgh Corning litigation, 1977 (part of an exhibit, 1986). See further correspondence at FLYNN/2/2/5
  • deposition of Richard Gaze (4 + 5 June 1975), in Herman Yandle et al. v. PPG Industries, Inc. et al., District Court, Eastern District of Texas, Texas
  • deposition of Francis Howard (19 April 1983), in Lois Thacker et al. v. UNR Industries, Inc. et al., Circuit Court of the Eleventh Judicial Circuit, County of McLean, Illinois

Richard Gaze was the executive director of Cape Industries.
Francis Howard was an accountant. Among others he worked for Anglo American Corporation of South Africa (North America) Ltd, 1968-1970, and for Charter Consolidated Services from 1975.

GB 249 FLYNN/2/1/1 · Item · 1981-1996
Part of Laurie Flynn papers on the asbestos industry

Correspondence and papers re and arising from Granada Television's World in Action (WIA) documentary ‘A small town tragedy’ (1982), investigating the refusal of British company Cape Industries Ltd to pay compensation awarded against them in an American court of law to workers of their North American subsidiary company in Bloomington, Illinois. The transmission of ‘A small town tragedy’ brought Flynn in contact with a number of American tort lawyers.

Includes (in reverse chronological order):

  • correspondences with American lawyers, among them Hayden S Dent, and Steven Loble of Oppenheimers, London, 1983-1996
  • transcripts of cross-examinations of Anthony John Penna & W R Bernays (14 + 15 March 1988), in Jimmy Wayne Adams et al. v. Cape Industries & Capasco Ltd, High Court of Justice, London
  • draft article by Flynn on Cape Industries having found a new and formidable opponent in the US government
  • responses to WIA programme 'A small town tragedy' (transmitted 5 July 1982): Granada Television internal notes and memoranda re the legality of the programme, press reaction to the programme, Cape complaint to the Independent Broadcasting Authority
  • production documents (Flynn's research notebook, script of the documentary, interview transcripts)

Also includes Flynn's pitch for a programme (or an article on the history of company awareness of the dangers posed by asbestos), c.1981, and correspondence with Charles Patrick and Ron Motley, 1981, both tort lawyers in South Carolina who sued a subsidiary of international asbestos giant Turner & Newall.

GB 249 FLYNN/2/3/4 · Item · 1979-1981
Part of Laurie Flynn papers on the asbestos industry
  • deposition of Joan Holtze (12 April 1979 ), in Geraldine Ellenburg v. NAAC et al., Circuit Court of the Eleventh Judicial Circuit, County of McLean, Illinois
  • deposition William S Haines (8 May 1980), in Charlotte Hammond vs Cape Industries & NAAC; and Delora Stewart v. EGNEP et al., Circuit Court of McLean County, Illinois, General Division
  • deposition of Max E Meyer (24 March 1981), in Anthony A Barber et al. v. Pittsburgh Corning et al., Court of Common Pleas of Allegheny County, Pennsylvania

Joan Holtze was the secretary and assistant treasurer at the North American Asbestos Corporation.
William S Haines was a former chairman of Safety & Claims Services Inc., which did work for Union Asbestos & Rubber Company.
Max E Meyer was a lawyer employed by Lord, Bissell & Brook, who represented Cape Asbestos.

GB 249 FLYNN/2/2/9 · Item · 1995
Part of Laurie Flynn papers on the asbestos industry
  • Plaintiff’s memorandum of law (in re asbestos personal injury cases, Arrington Lead No 93-9-114 et al.) in opposition to Charter’s motion to dismiss the second amended complaint for lack of personal jurisdiction, submitted by Hayden S Dent, 6 December 1995, in the Circuit Court of Jones County, Mississippi, Second Judicial District

Argues among other things that at all times Charter and its predecessor Central Mining controlled Cape's mining operations in South Africa and that therefore the corporate distinction between the two companies should be disregarded and Charter should assume Cape's contacts with the State of Mississippi. Further, that the Court should disregard the corporate veil between Cape and Charter because Cape had introduced into the marketplace a product which it knew would be dangeous to the end user. Etc.

GB 249 FLYNN/2/2/12 · Item · 2003-2005, n.d.
Part of Laurie Flynn papers on the asbestos industry
  • press coverage 2003-2005 including 'Bloomington woman awarded $5 million in wrongful death asbestos suit', 2005
  • Flynn's notes on NAAC/Cape, sample of NAAC corporate seal.

Remaining content exactly duplicated material listed at GB 249 FLYNN/2/2/8 and has therefore been removed.

GB 249 FLYNN/1/2/6 · Item · 1979-1997
Part of Laurie Flynn papers on the asbestos industry
  • deposition of Dr Ian Webster (12 November 1996), in Asbestos Personal Injury Cases, Arrington Lead, Civil Action No 93-9-114, Circuit Court of Jones County, Mississippi. Deposition taken in Johannesburg, South Africa. Webster was senior pathologist at the National Centre for Occupational Health, Johannesburg, South Africa

  • deposition of Anthony Mendelle (13 November 1984), in Darlene Smith v. Pittsburgh Corning Corp, PPG Industries Inc., Cape Industries Ltd, Cape Asbestos Fibers Ltd, Cape Boards & Panels Ltd etc., Court of Common Pleas, Allegheny, Pennsylvania. Mendelle was products manager (1956-1960) and production manager (1960-1968) at Cape Asbestos Company Ltd, Barking, UK

  • deposition of Malcom George King (24 September 1979), in [unidentified court case], UK. King had been employed by CSR Ltd, Sydney, a building products company in Australia and New Zealand, since 1933

Includes covering correspondence from Robert Blackwell (research assistant to Hayden S Dent, attorney), 20 May 1997

GB 249 FLYNN/1/1/3 · Item · 1994-2005
Part of Laurie Flynn papers on the asbestos industry

Correspondence chiefly with personal injury lawyer Richard Meeran of Leigh Day & Co solicitors, 1994-2001. Relates to case Afrika et al. v. Cape plc and its argument that a parent company owes a direct duty of care in tort to anybody injured by a subsidiary company in a group. Includes:

  • press coverage 2004-2005
  • joint asbestos initiative paper of the International Miners Organisation, African Miners Federation, National Union of Mineworkers, and Leigh Day & Co solicitors
  • copy of opinions of the Lords of Appeal for Judgement in the cause of Schalk Willem Burger Lubbe et al. v. Cape plc (2000)
  • copy of judgement Rachel Jacoba Lubbe & Ors v. Cape plc (1999)
  • Flynn's notes on a meeting on foreign plaintiffs and access to English courts in transnational litigation, British Institute of International and Comparative Law and Solicitors' Human Rights Group, November 1999
  • copy of judgement Moses Fano Sithole et al. v. Thor Chemical Holdings Ltd et al. (1998)
  • copy of draft judgement Rachel Jacoba Lubbe & Ors v. Cape plc (1998)
  • copy of judgement Rachel Jacoba Lubbe et al. v. Cape plc (1997)
  • copy of opinions of the Lords of Appeal for Judgement in the cause of Connelly v. RTZ Corporation plc et al. (1997)
  • copy of affidavit John Carol Anthony Davies in Rachel Jacoba Lubbe et al. v. Cape plc (1997)
  • copy of affidavit Richard Meeran in Rachel Jacoba Lubbe et al. v. Cape plc (1997)
  • copy of consolidated statement of claim, Busisiwe Ngcobo et al. v. Thor Chemicals Holdings Ltd et al. (1995)
  • copy of judgement Edward Connelly v. RTZ Corporation plc (1996)
GB 249 FLYNN/1/1/1 · Item · 1974-2003
Part of Laurie Flynn papers on the asbestos industry

Correspondence and news coverage following the out of court settlement in the South African group action brought against Cape plc (formerly Cape Asbestos Company Ltd, from 1974 Cape Industries Ltd) in December 2001, after a 5 year battle. Also earlier notes, correspondence and research materials on the South African asbestos industry. Includes:

  • correspondence with ITV re a film project 'You will know us by the trail of death' (originally outlined in 1988 under the title 'Outrageous misconduct - asbestos as metaphor'; see FLYNN/2/1/3)
  • set of microfiches of Charter Consolidated company papers, filmed 1978
  • Flynn's handwritten notes on his background research c.1980-1982, including on the suppression of the research of the Johannesburg Pneumoconiosis Research Unit
  • correspondence between Richard Creasey (BBC, formerly World in Action) and Anthony Mendelle (employee at Cape Asbestos Company Ltd, Barking 1956-1968) following the BBC documentary 'The right to know', April 1974, re producing a WIA documentary about Cape Asbestos in South Africa. See also Mendelle deposition (1984) at FLYNN/1/2/6. Creasey had conducted the investigation for WIA documentary 'The dust at Acre Mill' (transmitted in June 1971), the first programme to bring the lethal dangers of asbestos to the attention of the general public, on the example of the Acre Mill asbestos factory at Hebden Bridge, Yorkshire.
'Bloomington photostats', 2
GB 249 FLYNN/2/2/7 · Item · 1962-1985
Part of Laurie Flynn papers on the asbestos industry
  • coroner's report on Edwin W Holland, d. 2 April 1985 (plaintiff’s exhibit)

NAAC correspondence, as follows:

  • 1974-1976 (chiefly between Joan Holtze, NAAC, and J L Sparks, Group Financial Controller of Cape Industries Ltd, London)
  • 1969-1973 (chiefly from and to Charles G Morgan / Joan Holtze (both NAAC) and representatives of Cape Asbestos in the UK, South Africa and subsidiaries elsewhere)
  • 1962-1968: correspondence of Robert E Cryor including minutes of shareholder meetings and meetings of company directors
'Bloomington photostats', 1
GB 249 FLYNN/2/2/6 · Item · 1964-1978
Part of Laurie Flynn papers on the asbestos industry
  • Cape/subsidiaries correspondence 1964-1972. Source uncertain (no exhibit marks, no covering correspondence)
  • instructions from J L Sparks, Group Financial Controller Cape Industries Limited, to Financial Directors/Company Secretaries – all subsidiaries, 1974-1978
GB 249 FLYNN/2/2/2 · Item · 1940-1981
Part of Laurie Flynn papers on the asbestos industry
  • set of court papers in the matter of Charlotte Hammond v. Circuit Court of Cook Country et al. (1981), Supreme Court of the State of Illinois; & Charlotte Hammond v. Cape Industries Limited & NAAC (1981), Circuit Court of the Eleventh Judicial Circuit, County of McLean, Illinois
  • photocopies of medical death certificates issued in Illinois 1978-1981
  • photocopies c.1979 of papers from James Bennett's claim against the Union Asbestos & Rubber Company (Unarco) of Chicago, 1940
  • photocopies of correspondence between Unarco and its insurers over occupational disease, 1952-1958
  • short publication on asbestos heir Tommy Manville, 1940