On December 10, 2020 a
Exhibit,Appendix
was filed
involving a dispute between
Patsy Young,
and
Aventis Inc.,
Avon Products, Inc.,
Block Drug Company, Inc.,
Block Drug Corporation,
Brenntag North America, Inc.,
Brenntag Specialties, Inc. F K A Mineral Pigment Solutions, Inc.,
Charles B. Chrystal Company, Inc.,
Chattem, Inc.,
Colgate-Palmolive Company,
Cyprus Amax Minerals Company,
Cyprus Mines Corporation,
Glaxosmithkline Llc (Sued Individually And As Successor-In-Interest To Block Drug Corporation, Successor-In-Interest To The Gold Bond Sterilizing Powder Company A K A The Gold Bond Company And As A Successor-In-Interest To Novartis Corporation And
Novartis Consumer Health Inc.),
Gsk Consumer Health, Inc. F K A Novartis Consumer Health Inc. F K A Ciba Self-Medication, Inc.,
Insight Pharmaceuticals Corporation, A Subsidiary Of Prestige Brands Holdings, Inc.,
Insight Pharmaceuticals Llc,
Macy'S Inc. F K A Federated Department Stores, Inc.,
Novartis Pharmaceuticals Corporation,
Prestige Brands Holdings, Inc.,
Prestige Consumer Healthcare Inc. F K A Prestige Brands, Inc.,
Sanofi-Aventis U.S. Llc,
Sanofi Us Services, Inc.,
Whittaker Clark & Daniels, Inc.,
for Torts - Asbestos
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 03/17/2023 08:48 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 288 RECEIVED NYSCEF: 03/17/2023
EXHIBIT 106
FILED: ERIE COUNTY CLERK 03/17/2023 08:48 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 288 RECEIVED NYSCEF: 03/17/2023
MASTER EXHIBIT 302
FILED: ERIE COUNTY CLERK 03/17/2023 08:48 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 288 RECEIVED NYSCEF: 03/17/2023
MONTANA
by
Richard B. Berg
a
pp e I d
|J
FILED: ERIE COUNTY CLERK 03/17/2023 08:48 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 288 RECEIVED NYSCEF: 03/17/2023
43
EXPLANATION Marble
66 N
\
Soft talc with lirnonite
Talc
along fractures; poorly
exposed in shallow pit
Disseminated chlorite
80 Attitude of foliation
Marble . .
Limonite pseudomorphs
Downhill
after pyrite in marble
80
so * o Marble
Marble
Covered
Limonite-stained marble
Amphibolite and quartzite exposed in
Chloritized schist shallow cut downhill
Marble
70
NOTE: Loose material and slumping
in this cut make interpretation very
tentative
Figure 13--Doubtful claim,'Greenhorn Range fR. B. Berg and L. Swanson, June 1976).
Description: Sheared and contorted talcose marble Ownership: The mine is owned Min-
by the Madison
and graphite schist are exposed in the deepest part erals Corporation, Butte, Montana, and is
of the cuts, but pods of pure talc are not exposed. operated by Resource Processors.
Because of a lack of exposures uphill and to the
south of the area shown in Figure 14, the areal ex- Description: Although a small amount of talc was
tent of the of approxi- rnined underground sig-
body marble can only be many years ago, the only
. mately inferred, but the body is not a continuation nificant production has been that by Resource Pro-
of the talc-bearing marble at the Willow Creek cessors between 1970 and 1979. Mining ceased in
rnine; the two marble bodies are separated by a June 1979. Talc ore is hauled to the sorting yard
large area of calcitic marble (fig. 15). and after sorting is trucked to Alder for rail ship-
ment.
GH-42 Willow Creek mine (Ruby Ridge mine)
The mine is situated within a small mar-
body of
Location: NE¼ sec. 30, T. 8 S., R. 3 W., Madison ble, which is surrounded by quartzofeldspathic
County. Home Park Ranch7½-minute quadrangle. gneiss (fig. 15). Pre-Belt metamorphic rocks have
Approximately 16 miles(26 km) southeast of Alder. been thrust over Paleozoic formations, which are
exposed north and east of the mine. Because of
Accessibility: The sorting yard is adjacent to the poor exposures the position of this fault north of
Willow Creek road, and the haul road to the talc the Willow Creek mine is only approximately
mine goes through the sorting yard. . known. In the mine, metamorphic units strike con-
FILED: ERIE COUNTY CLERK 03/17/2023 08:48 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 288 RECEIVED NYSCEF: 03/17/2023
44
275ft. (83m)to baulroad
to WillowCreekmine
\
N COllUViUm
o EXPLANATION
Attitude of foliation
\\60 Colluvium
. .., Talcosemarbleand
o irregulartalclenses
Graphiticschistand
shearedmarble
Graphiticschistandtalcosernarble
exposedin cut
Biotite-quartz-feldspargneiss;78
biotite-richlayersaltered;a
few steeplyinclinedshearplanes
Bulldozercut continues
alonghillside.Notalc
exposed
NOTE: Northwestendof cut ,
is66 ft (20m)higherin elevation 50It
than southeastendof cut.
Figure 14-Greenhorn claims, Greenborn Range (R. B. Berg and L. Swanson, July 1976).
I MILE
I KILOMET ER
Figure 15-Geologic map of the area surrounding the Willow Creek mine (GH-42). The
symbols used on this map are the same as those used on Sheets 2, 3.
FILED: ERIE COUNTY CLERK 03/17/2023 08:48 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 288 RECEIVED NYSCEF: 03/17/2023
45
sistently northeast and dip 40 to 700 NW. There is rite contain talc in sufficient concentration to be
greater variation in the attitude of foliation north of detected by x-ray diffraction analysis.
the mine where outcrops are scarce on the heavily
timbered north-facing slope. Shear planes cutting The alteration that produced chlorite from the
talc, chlorite and country rock are abundant at the biotite-quartz-feldspar gneiss also resulted in the
.mine. The large isolated body of calcitic marble formation of talc from the subjacent dolomitic
west of the mine is barren of talc. marble. Large blocks of marble have been com-
. . . pletely replaced by fine-grained white to pale-
Figu re 16 is a diagrammatic cross section green talc. Some of the talc is medium green, col-
through the Willow Creek ore body and shows the ored by small grains of dark-green chlorite.
relationship between talc and associated rock
. types. The effect of post-talc faulting is not shown Most of the talc is very fine grained, some grains
on this simplified cross hanging section. The wall are less than 2 pm across, but even within a speci-
of the deposit is biotite-quartz-feldspar
gneiss, men of fine-grained material there are patches of
which has been altered to varying extent, the ulti- coarser-grained feathery talc in which individual
mate alteration product being chlorite. The first ef- grains are 1 mm long. Talc pseudomorphs after
fect of the alteration was the replacement of bio- tremolite blades are observed in one specimen.
tite by chlorite. Further alteration resulted in the Veins of white quartz are rare in both the talc and
sericitization of the feldspar, and more intense al- the chlorite. Clasts of green chlorite 1 cm across in
teration produced a rock that consists of chlorite one specimen from a quartz vein are rimmed by a
and quartz. The final stage in the alteration se- layer of talc about 1 mm thick. Perhaps talc formed
quence was dark-greenish-gray chlorite. A chemi- by reaction of chlorite with silica-rich
solutions,
cal analysis of a typical specimen of the chlorite is which added the necessary silica to make chlorite
given in Table 3. Grain size of the chlorite varies from talc and removed the alumina left over from
considerably within the area of one thin section, that reaction.
for example from 10 to 150 µm. The chlorite con-
tains rare local concentrations of idiomorphic zir- Dolomitic marble on the footwall side of the ore
con and idiomorphic crystals of apatite. On the body contains many small veinlets and pods of
basis of e = 1.6353 ± 0.0005 and É = 1.6397 ± tale. The abundance of talc in this marble de-
0.0005, one specimen of apatite is estimated to be creases to the southeast away from the ore body.
approximately 76 percent fluorapatite, 12 percent Calcitic marble that contains abundant forsterite,
hydroxyapatite and 12 percent chlorapatite. Some mainly in grains smaller than 5 mm across, is ex-
large flakes of silvery chlorite a centimeter across posed on the ridge just south of the mine. Some
have been formed cen-
presumably by the replacement porphyroblasts of brown forsterite are several
. of coarse-grained biotite in the quartzofeldspathic timeters across, and a few of these are cut by
gneiss. Rutile needles occur in some of the coarse- chrysotile veinlets. Serpentine was also observed
grained chlorite. Some specimens of chlorite are in thin sections of both the calcitic marble and the
cut by many veinlets of talc a few millimeters to a dolomitic marble. The serpentine occurs
in small
centimeter in thickness. Most specimens of chlo- blebs, which may have formed by the complete
re-
. EXPLANATION
/ / / af ,/ / ,/ / Precambrian Biotite-quartz-feldspar gneiss
6 / ,/ / Sericitic and chloritic alteration
o Chlorite
.-... Gradational contact
100feet
I I
50m
Figure 16-Diagrammatic cross section of the talc deposit at the Willow Creek mine showing the probable relationship
between talo and host rock before post-talc faulting.
FILED: ERIE COUNTY CLERK 03/17/2023 08:48 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 288 RECEIVED NYSCEF: 03/17/2023
46
placement of forsterite. Phlogopite and tremolite , GH-45 Talc occurrence south of Virginia City
also occur in the calcitic marble. Tremolite is typi-
cally gray to black because of abundant included Location: NW ¼ NW¼ sec. 23, T. 7 S., R. 3 W.,
and is concentrated in almost monomin- Madison County. 15-minute quadrangle.
graphite, Vamey
eralic layers a centimeter or two in thickness. No Approximately 5 miles (8 km) south of Virginia City.
talc was identified either optically or by x-ray dif-
fraction analysis from the calcitic marble. Sepiolite Accessibility: This area is 100 feet (33 m) south of the
has been identified from this locality (Alice Blount, road between Barton Gulch and Alder Gulch
personal communication, 1977). where this road descends into Alder Gulch.
Ownership: Not known.
GH-43 Claims north of Willow Creek (Adam and Eve
No. tand
Nod Description: A nearly vertical quartz vein 1 to 3 feet
(0.3 to 1 m) thick separates quartzofeldspathic
Location: W¼ SE¼ sec. 30, T. 8 S., R. 3 W., gneiss from calcitic marble. Foliation in the marble
Madison County. Home Park Ranch 7 ½-minute is parallel to the vein. Adjacent to the quartz vein
quadrangle. Approximately 16 miles (26 km) south- the marble contains talc, tremolite and a trace of
east of Alder. vermiculite. The bright-green vermiculite grains
are less than 5 mm across and have presumably
Accessibility: The road to the prospect branches been produced by alteration of phlogopite. The
from the haul road for the Willow Creek mine at a bright green color suggests that this vermiculite is
sharp switchback above Little Willow Creek at an nickel bearing.
altitude of 6,920 feet (2,110 m). The haul road for
the Willow Creek mine joins the Willow Creek road wH-46 Calverts claims
at the site of the talc-sorting plant.
Location: SW ¼ SE ¼ sec. 32, T. 7 S., R. 3 W., Madi-
son County. Varney 15-minute quadrangle. Ap-
Ownership: Sam and Goldie of Alder, Mon-
Maloney 8 miles (13 km) southwest of Virginia
proximately
tana.
City.
Description: quartzofeldspathic and Accessibility: The claims may be reached follow-
Marble, gneiss by
sillimanite-biotite-garnet schist are exposed in six ing the Idaho Creek road to its end in the NW ¼ of
prospect cuts, all of which trend perpen- sec. 33. From that point the road to the claims is
nearly
dicular to lithologic layering of the metamorphic unimproved and steep in some places.
units. Marble is exposed in all but the highest cut,
which is 240 feet (73 m) higher than the lowest cut. Ownership: The Calverts No. 1 through No. 4 claims
Talc pods less than
5 cm long and talc veinlets 3 to were by Frank Ludwick
located and Jim Ludwick
4 cm thick, parallel to compositional Jim Eby (Billings, Montana),-
layering of the (Alder, Montana),
marble, are exposed in the tower four cuts. Talc and Carl Hafer, Sr. (Butte, Montana).
chips are found in the soil between the cuts in the
area underlain Description: A dolomitic marble layer with an ex-
by marble and also in a small area
just east of the cuts. Although there is no large posed width of
approximately 250 feet (76 m)
concentration of these chips, they were found in strikes northeast and dips northwest (fig. 17). Am-
the soil over an area of approximately 300 by 1,500 phibolite lies northwest of the marble, and amphib-
feet (100 by 500 rn). olite and quartzofeldspathic gneiss lie to the south-
east. Irregular veinlets and pods of talc, most of
which are less than 10 cm thick, are exposed in all
Masses of sepiolite as long as 10 cm were found
splint- e eaMemmost cut. Talc is most abundant in
in the lowest cut. The sepiolite resembles
the largest cut, where a small amount of waxy
ered wood that has weathered grayish tan. A few
green chlorite is also exposed. Because the chlo-
thin chrysotile veinlets 2 mm thick occur in calcitic
nte is intermingled with the talc and there is no
marble.
evidence of replacement of quartzofeldspathic
gneiss, it is concluded that both the talc and the
GH-44 SW ¼ NW ¼ sec. 31, T. 8 S., R. 3 W. A chlorite formed by alteration of dolomitic marble.
trace of talc was found in the bottom of a prospect Tremolite is found scattered throughout much of
trench, which exposes marble for a distance of 45 the marble, and in the westernmost cut, tremolite
feet (15 m). . layers 3 to 5 cm thick have been replaced by talc.