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The district court file from Potter v. Fibreboard Paper Products Corporation, et al., Civil Action No. 6329 in the US District Court for the Eastern District of Texas, Beaumont Division. Samuel R. Potter was an insulator from Orange, Texas, who had worked with asbestos insulation for about 27 years, and his lawyer was Ward Stephenson. He filed in May 1969, between Claude Tomplait's trial and Clarence Borel's complaint. The file holds 276 documents and 1,999 pages, from the complaint through the judgment of February 1972.
- Published by
- US District Court for the Eastern District of Texas, Beaumont Division (Civil Action No. 6329)
- Date
- 1969-1972
- Rights
- Public court records, bought from the National Archives and republished for research and historical study.
Read or download
Key documents
- Original complaint May 27, 1969 · 10 pp. · PDF, 556 KB
- Second amended complaint Feb 17, 1970 · 10 pp. · PDF, 435 KB
- Motion for partial summary judgment (Potter, Borel and Crawford) Nov 19, 1970 · 10 pp. · PDF, 439 KB
- Motion for summary judgment Apr 1, 1971 · 39 pp. · PDF, 1.4 MB
- Brief regarding statute of limitations Jan 13, 1972 · 30 pp. · PDF, 1.2 MB
- Pretrial stipulation and order Jan 14, 1972 · 21 pp. · PDF, 1.2 MB
- Order denying defendants' motion for summary judgment Jan 24, 1972 · 1 page · PDF, 39 KB
- Motion for partial summary judgment on collateral estoppel from Borel Jan 31, 1972 · 4 pp. · PDF, 153 KB
- Reply to plaintiff's motion for partial summary judgment on collateral estoppel Feb 2, 1972 · 7 pp. · PDF, 1.0 MB
- Deposition of Samuel Potter (filed 1989) Nov 25, 1969 · 208 pp. · PDF, 6.0 MB
- Deposition of Dr. Jenkins Sep 11, 1970 · 18 pp. · PDF, 550 KB
- Judgment on the settlements Feb 22, 1972 · 5 pp. · PDF, 518 KB
- Letter to Arthur Mueller, Philip Carey, on dust samples from cutting Carey Temp insulation Jan 2, 1968 · 4 pp. · PDF, 144 KB
No documents match.
Pleadings 69 documents · 411 pages
Motions and Orders 112 documents · 599 pages
Discovery 69 documents · 546 pages
Depositions 17 documents · 289 pages
Settlements and Judgment 4 documents · 15 pages
| Date | Filed by | Document | Pages | Download |
|---|---|---|---|---|
| Jan 8, 1970 | Stipulation regarding the Charter Oak settlement with plaintiff | 4 | PDF, 119 KB | |
| Nov 24, 1971 | Court | Interlocutory judgment on the Standard Asbestos settlement | 3 | PDF, 131 KB |
| Feb 3, 1972 | Court | Interlocutory judgment on the Pittsburgh Corning settlement | 3 | PDF, 124 KB |
| Feb 22, 1972 | Court | Judgment on the settlements Key | 5 | PDF, 518 KB |
Correspondence 4 documents · 10 pages
| Date | Filed by | Document | Pages | Download |
|---|---|---|---|---|
| Jan 2, 1968 | Kettering Laboratory | Letter to Arthur Mueller, Philip Carey, on dust samples from cutting Carey Temp insulation Key | 4 | PDF, 144 KB |
| Mar 13, 1970 | Standard Asbestos | Letter to plaintiff regarding samples | 1 | PDF, 156 KB |
| Mar 18, 1970 | Fibreboard | Letter to plaintiff regarding documents | 3 | PDF, 149 KB |
| Mar 20, 1970 | Combustion Engineering | Letter to plaintiff regarding documents | 2 | PDF, 73 KB |
Records 1 document · 129 pages
| Date | Filed by | Document | Pages | Download |
|---|---|---|---|---|
| Undated | National Archives | Certified copy of the pleadings (an earlier National Archives order) | 129 | PDF, 5.2 MB |
The case
The judgment names twelve defendants: Fibreboard, Combustion Engineering, Johns-Manville Products, Owens-Corning Fiberglas, Eagle-Picher, Pittsburgh Corning, Unarco, Philip Carey, Armstrong Contracting & Supply, Standard Asbestos, Ruberoid and Armstrong Cork. The insurer of his last employer, Babcock & Wilcox, intervened to recover the workers' compensation it had paid. Potter's case moved alongside Clarence Borel's and J. J. Crawford's, and in November 1970 the three plaintiffs moved jointly for partial summary judgment.
After the Borel jury found against the manufacturers in September 1971, Potter asked the court to hold five of his defendants bound by those findings. The court had already denied the defendants' motion for summary judgment, which argued both liability and the statute of limitations. The case went to trial in February 1972, and before it ended every party had settled. The court entered judgment on the settlements on February 22, 1972, after two defendants' settlements had been approved separately: Standard Asbestos for $3,228.54 and Pittsburgh Corning for $6,728.90.
Two of these cases are in the Library too: the Borel v. Fibreboard case file and the Tomplait v. Combustion Engineering case file.
How the file is organized
The documents are grouped by stage of the case: pleadings, motions and orders, discovery, depositions, settlements and the judgment, and correspondence. Within each stage they're listed by date, with the party that filed each one. The last stage holds a 129-page certified copy of the pleadings from an earlier National Archives order. The documents most worth reading first are marked as key documents, and every document is searchable. Among them is a 1968 letter from the Kettering Laboratory to Philip Carey reporting the dust measured while workers cut Carey Temp insulation.
About these copies
We bought the complete file from the National Archives. The scans were cleaned up and made searchable, which took them from 2.3 GB to 84 MB. The file names are our own: abbreviations are written out (SA is Standard Asbestos, CE is Combustion Engineering) and obvious typos are fixed.
Samuel Potter's Social Security number and driver's license number have been blacked out wherever they appear. The W-2 forms attached to his answers to Pittsburgh Corning's interrogatories are not published, and neither are the itemized hospital bills attached to two hospital record depositions. The answers and testimony are.
Cited on this site
Cite this document
“The Potter v. Fibreboard case file.” 1969-1972. US District Court for the Eastern District of Texas, Beaumont Division (Civil Action No. 6329). AsbestosClaims.Law Library. https://asbestosclaims.law/library/documents/potter-v-fibreboard-case-file.
ACL Doc numbers and their short links never change. See how to cite the Library.
Products this document describes
This document is a source for these products in our database. Each product's page brings together what this and other documents say about it.
AC&S: Limpet
Armstrong Cork: Armaspray · LT
Combustion Engineering: 12 · 19 · Castablock · Detrick Mhd · Duriseal · Griptex · Gunisul · Hilite · Mix A · Permiseal · Pyroscat · Stic-tite · Super 711 · Super Finish · Super Stic-tite · Utility · Weatherkote
Eagle-Picher: 106 · 20 · 33 · 43 · 99 · Fireproofing · Hi-stick · Hylo · Insulseal · Insulstic · One-cote · Super 66 · Vercel
Fibreboard: 127 · 85 Magnesia (generic name) · Caltemp · FI · Prasco · Precision Molded Pipe Covering · Super Caltemp
Johns-Manville: 0352 Cement · 12# Asbestos Tape · 301 · 302 · 304 Cement · 319 Semi-refractory · 352 · 400 Cement · 450 · 500 · 678 Semi-refractory · 85 Magnesia (generic name) · Aerite · Albaseal · Anti-sweat · Arp-40 · Asbestocel · Asbestocite · Ceilinite · D C Flexstone · Doublex · Fibrofil · Fire Felt · Fireite · Firetard · Flexboard · Laptite · Metal-on · Microbestos · Min-k · Min-klad · Pallite · Reeferite · Superex · Thermobestos · Thermomat · Thermotape · Thermowrap · Transite Core Plate
Owens-Corning: Kaylo · Kaylo 20
Philip Carey: 100 · 19 Hitemp · 19 Vitircel · 303 · 707 · 85 Magnesia (generic name) · Aircel · Alltemp · Careycel · Careytemp · Excel · LF 20 · MW 1 · Mw-50 · Temp-check
Pittsburg Corning: Unibestos
Standard Asbestos Manufacturing & Insulating: Simco
Unarco: Insubestos · Insutape · Insutube · Unarcoboard · Wovenstone
Union Asbestos & Rubber Co.: Unibestos
Plants this document describes
This document is a source for these plants in our database. Each plant's page brings together what this and other documents say about it.
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