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Mining in South Africa
GB 249 FLYNN/1 · Series · 1938 - 2005
Part of Laurie Flynn papers on the asbestos industry

Flynn's twin interest in the South African mining industry and in international corporations' conduct in Southern Africa dates back to his period with Granada Television's current affairs programme World in Action, 1979-1990. Over the ensuing decade he expanded his network of contacts with South African researchers and with lawyers representing South African plaintiffs. This series reflects the broad range of Flynn's network including its legal dimension.

Geoffrey Tweedale papers
GB 249 TWE · Collection · 1921 - 2000s

Research papers of Geoffrey Tweedale gathered during the course of his research for his book 'Magic mineral to killer dust: Turner & Newall and the asbestos hazard' (2nd edition, 2001: Oxford University Press), which investigated the British company, Turner & Newall, one of the world's leading asbestos manufacturers.

The collection comprises:

  • Copies of more or less complete run of Turner & Newall compensation cases, 1921-1990s (c. 700 files). The copies were made by Tweedale from microfilms of the Turner & Newall company archives made by Chase Manhattan Bank in 1991 as part of a court case initiated in the USA by the Bank against Turner & Newall. Tweedale made a special study of these case files.
  • Series of subject files. The bulk of the contents is copies of correspondence and papers from the Turner & Newall archives. However, the series also contains material from other sources as well as Tweedale’s own notes and correspondence. Most of the material relates to Turner & Newall, but there is also material on other companies eg Johns Manville in the USA, Eternit, and Cape Asbestos as well as material on Canada, South Africa, and Australia. The series also includes biographical information on related people as well as press cuttings collected by Tweedale.
  • A selection of videotapes and DVDs mostly relating to Turner & Newall plus several transcripts of TV/radio programmes, dating back to the 1970s and early 1980s.
Tweedale, Geoffrey, b. 1951, business historian

Background research on companies and their insurers, in alphabetical order chiefly by name of employer or their insurer. Occasionally also by first letter of subject of inquiry (e.g. 'Power stations', 'hair driers', 'printing works'). Includes:

  • solicitor’s correspondence, client correspondence, press reports, notes, copies of ‘British asbestos newsletter’ with annotations re cases
  • final report by F D Pooley [n.d.] 'Observations on the exposure of gas mark workers at the Boots plant'
  • copy of judgement in James Kelly (administrator of the estate of Patrick John Kelly, deceased) v. Smith & Partners Ltd, High Court of Justice, Queen’s Bench Division, 2000
  • judgement in Rachel Lubbe et al. v. Cape plc, Supreme Court of Judicature, Court of Appeal (Division), 1999
  • annotated photocopy of '67th annual report of National Amalgamated Stevedores and Dockers for [...] 1964'
  • advice by Timothy Grice in Brian Jerrard v. Ministry of Defence, 1996
  • note on matter of Mr Edward James Patrick Russell v. Post Office, 1992
  • copy of opinion of Lord Cameron of Lochbroom in cause Margery Patricia Cook or Rennie v. Upper Clyde Shipbuilders Ltd et al., 1993
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.

Statements about employers
GB 249 OEDA/B/2/4 · File · 1983, c.1990-c.2006
Part of Occupational and Environmental Diseases Association (William Ashton Tait) Archives
  • mainly witness statements, arranged alphabetically by name of employer, occasionally also by surname of client or type of business (“dockyard”)
  • occasionally particulars of claim

Named employers / insurers include: British Cellophane Ltd, British Insulated Calender Cables (BICC), British Telecommunications plc, Cape plc, Central Insulated Ltd, Central Electricity Generating Board (CEGB), Ellistown Colliery, Ford Motor Company, R B Hilton Ltd, Imperial Chemical Industries (ICI), North Thames Gas, C A Parsons, Powergen Ltd, Rank Xerox, Redpath Brown, RTZ Estates Ltd, E A & H Sandford (Insulations) Ltd, etc.

Front matter includes guidelines for witness statements (‘Information which solicitors will require from colleagues’).

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 OEDA CM/5/2/3 · File · 1965-1983
Part of OEDA Chase Manhattan Turner & Newall papers

Correspondence and papers, chiefly re a visit of H C Lewinsohn (Chief Medical Officer, TBA Industrial Products Ltd) to India, November 1975.

Includes

  • memoranda on T&N occupational health and safety policy
  • instructions to T&N companies overseas to take up dust sampling and medical examinations, etc., 1972 onwards
  • photocopies of index cards relating to information about overseas companies
  • a little material 1965-1967 relating to the Asbestos Research Council Subcommittee on Health Precautions in the Insulation Contracting Industry, whose membership was recruited from the asbestos industry (mainly Cape Asbestos and T&N)

Correspondence and papers relating to Nancy Tait's campaign to question Dr Kevin Browne's suitability as Medical Officer of the Department of Health and Social Security, whilst serving at the same time as medical consultant for Cape Industries. In reverse chronological order. In Tait's own words (20 September 1994), she had "waged war on Kevin Browne's appointment since 1987". Includes:

  • correspondence (in particular with MP Frank Dobson), press statements, newspaper articles, Parliamentary Questions, 1986-1988
  • correspondence with Kevin Browne 1983

Further,

  • Tait’s notes on chrysotile c.2003, listing of SPAID/OEDA lung cancer cases
  • copy of Browne’s presentation ‘Differences in asbestos fibre types’, presented at the International Conference on Chrysotile Asbestos Cement Products, New Delhi, 10-11 November 2003
  • correspondence re K Browne 1987-1995, including re his deposition in Chase Manhattan Bank v. T&N plc et al., United States District Court, Southern District of New York [1994]; see link below
  • copy of Cape Industry advertisement for a Group Medical Advisor, in British Medical Journal, October 1977
  • copies of scientific publications relating to asbestos induced diseases 1977-1994

Correspondence with Members of Parliament, in alphabetical order by surname. With a listing of MPs (dated 2002) at the front of the file.

Covers a wide range of topics including

  • Parliamentary Questions (PQs) relating to occupational and environmental health & safety, DHSS/DSS policies, DHSS/DSS procedures, DHSS/DSS leaflets and DHSS/DSS shortcomings
  • Dr Kevin Browne's dual role as Cape Asbestos consultant and medical officer at DHSS medical boarding center for respiratory diseases
  • constituents who happen to be also be SPAID/OEDA clients
Asbestos monitoring, Barking

Papers, press clippings, and photographs relating to asbestos in the London Borough of Barking and Dagenham.
Includes:
-brief notes relating to asbestos cases in Barking
-some handwritten research notes about topics such as asbestos found in Barking and waste disposal procedures
-correspondence about Barking cases of asbestos and the Cape factory
-a lot of notes and correspondence about a case of asbestos contaminated soil in Whiting Avenue, 1978
-papers relating to Barking Community Health Council
-correspondence (chiefly with Margaret Sharkey) and telephone memoranda
-press clippings

Anthony Coombs, 1993-2005

Correspondence with Anthony Coombs of John Pickering & Partners LLP, in reverse chronological order. Covers current cases, T&N bankruptcy, Anthony Mendelle as witness on Cape Asbestos in Barking, pleural plaques, OEDA finances. Also includes

  • copy of reasons for judgement in Frederick Price v. Powergen plc (1998)
  • draft of John Pickering & Partners brochure on asbestos compensation in the UK (1997), written specifically for Australian audiences
  • John Pickering & Partners brochures on compensation for personal injury, 1996

For subsequent correspondence with Coombs, see link below.

Correspondence with John Pickering & Partners LLP, organised by topic:

  • shipping
  • compensation (including re compensation bill 2005)
  • Cape plc (re group action against the company on behalf of South African miners)
  • fibre counts
  • the Fairchild judgement
  • Association of British Insurers (ABI); includes copy of ABI's ‘Guidelines for apportioning and handling employers liability mesothelioma claims’ (2003)
  • restructuring of Zurich Insurance Company
  • T&N, including correspondence with the administrators of T&N
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.