Document 06JXmB3era1JjQGOMwGqv87zk
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1 DISTRICT COURT OF THE UNITED STATES DISTRICT OF MINNESOTA
2 THIRD DIVISION
3
4
5 Karl R. Busse, 6 Plaintiff,
7 vs.
8 Johns-Manville Products Corp., et al,
9 Defendants.
10
Civ. No. 3-77-347
DEFENDANT RUBEROID COMPANY A/K/A GAF CORPORATION'S ANSWERS TO PLAINTIFF'S INTERROGATORIES
11
12 Defendant Ruberoid Company, a/k/a GAF Corporation, for its
13 answers to Plaintiffs Interrogatories, states as follows:
14 INTERROGATORY NO. 1:
15 Give the generic names and trade names of all types of insulating materials manufactured by you, giving
16 the dates that you began to manufacture such materials, start ing in 1936, a description of the materials and what they
17 contain.
18 ANSWER:
19 "Calsi1ite" - A high temperature pipe covering
20 and built-up block containing approximately 10%
21 amosite and 2% chrysotile asbestos fiber and the
22 remainder consisting of hydrous lime silicate
23 and diatamaceous earth. Calsilite was manufactured
24 at Gloucester, New Jersey from the early 1940's
25 until mid-1970 at which time GAF commenced the 26 production of asbestos-free Calsilite ("Calsilite
27 II") .
28 "115" and "214" Insulation Cements - Known generically
29 as 7M and 7K type cements, respectively, these
30 insulating cements were composed entirely of chrysotile 31 asbestos fiber. These cements were manufactured
32 at Hyde Park, Vermont from 1936 through September,
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1 "T/NA-100" Insulation Jacketing - A two-ply, laminated 2 product consisting of a layer of asbestos paper 3 in which chrysotile asbestos fibers were bonded 4 with Neoprene and a layer of polyvinyl floride
5 (Tedlar) plastic film attached by adhesive on 6 one side. T/NA-100 was manufactured at South 7 Bound Brook, New Jersey from 1962 to September, 8 1971. 9 Asbestos Paper and Millboard - Chrysotile insulating
10 paper, used as a jacketing or pipe wrap; manufactured 11 at Erie, Pennsylvania from approximately 1928. 12 Millboard was used primarily as an industrial
13 fire barrier. Its present uses are limited primarily 14 to the manufacturing of gaskets and insulating
15 components used in consumer products. 16 INTERROGATORY NO. 2:
17 Did you ever at any time give warnings to workers of the dangerous nature of your products'? If so, describe
18 your warnings, give the dates such warnings were issued and to whom such warnings were given and how they were published
19 or made known.
20 ANSWER:
21 In late 1965 or early 1966, Ruberoid began placing
22 the following warning on packages of its industrial thermal
23 insulation products containing asbestos fiber:
24 CAUTION
25 THIS PRODUCT CONTAINS ASBESTOS FIBER. INHALATION OF ASBESTOS IN EXCESSIVE QUANTITIES OVER LONG PERIODS OF
26 TIME MAY BE HARMFUL.
27 IF DUST IS CREATED WHEN THIS PRODUCT IS HANDLED, AVOID BREATHING THE DUST. IF ADEQUATE VENTILATION CONTROL
28 IS NOT POSSIBLE, WEAR RESPIRATORS APPROVED BY THE U.S. BUREAU OF MINES FOR PNEUMOCONIOSIS PRODUCING DUST.
29
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1 In 1970, this warning label was changed to read as follows:
2 CAUTION
3 CONTAINS ASBESTOS FIBER. INHALATION IN EXCESSIVE QUANTITIES OVER LONG PERIODS OF TIME MAY BE HARMFUL. AVOID
4 BREATHING DUST. IF ADEQUATE VENTILATION IS NOT POSSIBLE, WEAR RESPIRATORS APPROVED BY THE U.S. BUREAU OF MINES FOR
5 PNEUMOCONIOSIS PRODUCING DUST.
6 In approximately 1972, this warning was further changed to
7 read as follows:
8 CAUTION
9 CONTAINS ASBESTOS FIBER. INHALATION IN EXCESSIVE
10
QUANTITIES OVER LONG PERIODS OF TIME MAY BE HARMFUL. AVOID BREATHING DUST.
11 INTERROGATORY NO. 3:
12 What studies have you made to determine the effect of your product on the lungs and physical condition of persons
13 employed as insulators and asbestos workers who use your products?
14
ANSWER: 15 16 GAF has no facilities or equipment designed for 17 medical or technical research and therefore conducted no
studies of the nature specified. 18
INTERROGATORY NO. 4: 19
20
Who made such studies, when were they made, and attach copies of the reports of such studies.
21 ANSWER:
22 See Answer to Interrogatory No. 3.
23 INTERROGATORY NO. 5:
24 Did you package and sell products containing asbestos from the years 1951 to 1971? If so, how were the products
25 sold, how were the products packaged, and were these products 26 universally used throughout the United States?
27 ANSWER:
28 Most Ruberoid and GAF industrial thermal insulation
29 products were sold in corrugated cardboard boxes bearing
the companies' respective names or "logos." The insulating 30 31 cement was sold in heavy-duty bags. GAF does not know whether
32 its products were "universally used throughout the United
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1 States." GAF objects to the remainder of Interrogatory No.
2 5 on the ground that the question "how were these products
3 sold" is ambiguous.
4 INTERROGATORY NO. 6:
5 If these products were used primarily in any specific location or area, state where such products were primarily
6 used.
7 ANSWER:
8 See Answer to Interrogatory No. 5.
9 INTERROGATORY NO. 7:
10 Do you recognize that prolonged use of the insulat ing materials manufactured by you can cause or contribute
1 1 to cause various occupational diseases-, including asbestosis, silicosis, emphysema and dermatitis?
12 ANSWER:
13 GAF objects to this Interrogatory on the ground
14 that it is argumentative and calls for an expert medical
15 opinion.
16 1INTE11 RROG111A1 TORY----N- O. "8 : f-
17 i Has your company done any studies or has your
18 company ordered any studies by others concerning the effects of inhalation of asbestos dust or fibers by one using or
19 being exposed to any of the asbestos materials manufactured by your company? In answer to this question, please give
20 the date and nature of such studies, if any, the name or names of the persons conducting the studies and their address,
21 what the purpose of the studies were, and attach a copy of any report based upon such studies, showing to whom such
22 report was given and when.
23 ANSWER:
24 GAF has no facilities or equipment designed for
25 medical or technical research and therefore conducted no
26 studies of the nature specified.',
27 INTERROGATORY NO. 9:
28 Have you or any of your employees conducted studies designed to prevent, minimize or'.-eliminate the inhalation
29 of asbestos dust and fibers by those exposed to the use of your company's products? If so, give the name or names of
30 such persons conducting such studies, attach copies of such studies, by whom they were made, and to whom they were given,
31 and when, and state what action, if any, was taken based upon such studies in an effort to prevent, minimize or eliminate
32 the effects of inhalation of asbestos dust or fibers upon
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1 those using or being exposed to the dust and fibers contained in such products as manufactured by your company.
2 ANSWER;
3 See Answer to Interrogatory No. 8.
4 INTERROGATORY NO. 10;
5 Do you or your company have any inspection of
6 areas where workers are using products manufactured by your company containing asbestos as to the dust count? If you
7 do not, then please explain why this is not done, and if you do, please explain what action, if any, is taken by your
8 company following the taking of dust counts at any of the locations referred to above. Also please give the dates
9 and places, if any, that your company first started making such dust count, and set forth in detail the dates and places
10 this has been done since.
1 1 ANSWER;
12 GAF objects to this Interrogatory on the ground
13 that it is irrelevant.
14 INTERROGATORY NO. 11;
15 Does your company recognize that as early as the year 1900 Dr. H. Montague Murray, a physician in London's
16 Charing Cross Hospital, found spicules of asbestos in the lung tissue? If you agree with this, then state what action,
17 if any, your company has taken since 1900 to prevent, reduce or eliminate the dangers to those using your asbestos products
18 from inhaling the dust and fibers.
19 ANSWER; 20 GAF recognizes the name of Dr. Murray but has
21 no first hand familiarity with or knowledge of his works. 22 INTERROGATORY NO. 12;
23 Does your company recognize that in 1924, Dr. W. E. Cook, also of England, found clear evidence of asbestosis
24 and that such discovery was published in the British Medical Journal of July 26, 1924, and re-published in 1927? If you
25 do, then please state what action, if any, was taken by your company based upon these studies to prevent, reduce or eliminate
26 asbestosis in those using your products. If your answer is that you do not recognize the truth of such statement,
27 then please state what your company has done in an effort to keep abreast of medical literature concerning the disease
28 produced from the products which you manufacture, if in truth you have.
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1 ANSWER:
2 GAF recognizes the name of Dr. Cook but has no
3 first hand familiarity with or knowledge of his works.
4 INTERROGATORY NO. 13:
5 Does your company recognize that in 1931, the English Parliament passed legislation making asbestosis a
6 compensable disease and requesting improved methods of exhaust ventilation and dust suppression in asbestos-textile factories,
7 and also institutes periodical medical examinations for workers engaged in particularly dusty processes in the asbestos-textile
8 industry? If you do recognize the truth of the statement above, please state what action, if any, your company took
9 in response to such knowledge in an effort to prevent, reduce
or eliminate the effects of asbestos in those using your
10 products. If you do not recognize the truth of such statement, then please state why your company did not keep in touch
1 1 with legislation and programs adopted endeavoring to reduce or eliminate the disease of asbestosis in those using asbestos
12 products.
13 ANSWER:
14 GAF objects to this Interrogatory on the grounds
15 that it calls for an expert legal opinion regarding English 16 law.
17 INTERROGATORY NO. 14:
18 Do you agree that once asbestos fibers or dust are inhaled into the lungs, there is no way to eliminate
19 such dust or fibers from the lungs for the balance of such person's life?
20 ANSWER:
21 GAF objects to this Interrogatory on the ground
22 that it is argumentative and calls for an expert medical
23 opinion.
24 INTERROGATORY NO. 15:
25 What technique, if any, does your company use
26 to make dust samplings, explaining the technique and when it was commenced and what the purpose was and what action
27 has been taken in response to the findings as to the dust samples.
28 ANSWER:
29 None.
30
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1 INTERROGATORY NO. 16:
2 Does your company recognize that asbestos causes induced lung cancer? If your answer is "Yes", when did you
3 come to such realization and what action did you take in response thereto? If your answer is "No" then please explain
4 why no studies were made by your company to ascertain that this fact was indeed true and thereafter to take action to
5 advise those exposed to your products of their dangerous nature.
6 ANSWER;
7 GAF objects to this Interrogatory on the ground
8 that it is argumentative and calls for an expert medical
9 opinion.
10 INTERROGATORY NO. 17;
11 Does your company recognize there is a direct
12 connection between the inhalation of asbestos' dust and fibers and the disease mesothelioma? If your answer is "Yes" to
13 this question, then please advise what notices were given to those exposed to your asbestos products of this fact,
14 the dates of such notices and the methods of dissemination or publication of same.
15 ANSWER;
16 GAF objects to this Interrogatory on the ground
17 that it is argumentative and calls for an expert medical
18 opinion.
19 INTERROGATORY NO. 18;
20 Does your company place any warning signs on its
21 asbestos products? If so, please state exactly what the warning is, where it is used and when its use was first begun.
22 If your answer to this question is "Yes" then please explain why your company uses such warning notices.
23 ANSWER;
24 See Answer to Interrogatory No. 2. These warnings
25 were used/are used to warn users of GAF products of the potential
26 health hazards from the inhalation of ambient asbestos fiber.
27 INTERROGATORY NO. 19;
28 Do you agree that asbestos has been directly associated
29 medically with the disease of cor pulmonale?
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1 ANSWER:
2 GAF objects to this Interrogatory on the ground
3 that it seeks an expert medical opinion.
4 INTERROGATORY NO. 20:
5 Does your company recognize that the physical characteristics of and chemical properties of asbestos fibers
6 persist unimpaired beyond the longevity of humans? In other words, unlike some dangerous products, it does not eventually
7 dissipate or reduce itself in danger to those who might be exposed to it?
8 ANSWER:
9 GAF objects to this Interrogatory on the ground
10 that it seeks an expert medical opinion.
11 INTERROGATORY NO. 21:
12 Does your company recognize that year-by-year,
13 more asbestos is used in the United States, and therefore the public is thereby exposed to a greater and greater extent
14 to the inhalation of asbestos dust and fiber? If your answer is "Yes" then please state what action your company has taken
15 to prevent, reduce or eliminate this danger and what action, if any, you have taken to notify the public at large of this
16 danger.
17 ANSWER:
18 See Answer to Interrogatory No. 2.
19 INTERROGATORY NO. 22:
20 Has your company consulted with Dr. Irving J. Selikoff, of New York, concerning asbestosis, and if so,
21 please state when and under what circumstances and what informa tion, if any, was furnished by your company to him, giving
22 dates of such information.
23 ANSWER:
24 Certain GAF employees have heard Dr. Selikoff .
25 speak about certain potential health problems relating to
26 the installation of industrial thermal insulation.
27 INTERROGATORY NO. 23:
28 Does your company contribute any funds to research concerning asbestos and its relation to lung, heart and larynx
29 disease? If so, please state the amount of money contributed, when and to whom, attaching any report or reports from such
30 individual or organization to whom your funds were contributed.
31 ANSWER:
32 GAF has made no direct contributions.
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1 INTERROGATORY NO. 24:
2 Do you have any labor inspectors or anyone from your company whose job it is to go to areas where your products
3 are being used to make a dust level count, and if so, please state when your company started such procedure, the purpose
4 of it, and what action, if any, was taken in response to your findings.
5 ANSWER:
6 GAF objects to this Interrogatory on the ground
7 that it is irrelevant. GAF no longer makes asbestos products.
8 INTERROGATORY NO. 25:
9 Is your company familiar with the hearing conducted
10 in March, 1967, before the House of Representatives of the United States Congress Sub-Committee on Labor?
11 ANSWER:
12 GAF has no first hand knowledge of the hearing
13 referenced in this Interrogatory.
14 INTERROGATORY NO, 26:
15 Do you agree that the problem of asbestos dust
16 extends further than to those men handling your products but that the exposure is shared with other construction workers
17 using same as well?
18 ANSWER:
19 GAF objects to this Interrogatory on the ground
20 that it is ambiguous.
21 INTERROGATORY NO. 27:
22 If your answer to the preceding Interrogatory No. 26 is "No", then please state whether or not you have
23 familiarized yourself with the testimony of Dr. William. H. Stew Surgeon-General of the United States before the Committee
24 mentioned above that probably three and one-half million construction workers are being exposed to asbestos dust in
25 addition to those workers actually handling the materials containing asbestos?
26 ANSWER:
27 Not applicable.
28 INTERROGATORY NO. 28:
29 Do you recognize or agree that the problems of
30 air laden with asbestos dust is so great that possibly millions of people in the United States are being exposed to the inhala
31 tion of asbestos dust who have nothing to do with its use or application? If your answer is "Yes", then please advise
32 what action your company has taken, if any, to advise the
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general public of the dangerous nature of asbestos and what steps have been taken to endeavor to protect the general public from the dangerous effects of the inhalation of the asbestos dust and fibers, when such action was taken, and
what it consists of.
ANSWER:
*
GAF objects to this Interrogatory on the ground
j that it is argumentative.
INTERROGATORY NO. 29:
Is it possible with all of your products containing asbestos to distinguish your products from those manufactured
; by a competitor? If your answer is "Yes" please describe how you contend your products in all instances can be dis
.0 tinguished from that of a competitor, ie, merely by names or package or by appearance of the products themselves.
i 1 If there are products which cannot be, in your opinion, dis tinguished from products of a similar kind manufactured by
12 a competitor, please state the name of such product, who manufactures it,, as well as the trade name of the product
13 manufactured by your competitor.
14 ANSWER:
15 It is sometimes possible to distinguish GAF products 16 from others by packaging, color, or texture. However, GAF
17 does not have access to other's products by which to make
IS a comparison.
19 INTERROGATORY NO. 30:
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25
26
27
28
29
It is true, is it not, that most of the products manufactured by your company containing asbestos will in most instances have to be cut, sawed, scribed, shaped or mixed by the ultimate user and his employees?
ANSWER:
GAF objects to this Interrogatory on the grounds
that it is agrumentative and ambiguous as to the word "most"
and irrelevant as to "non-thermal insulation products".
INTERROGATORY NO. 31:
...............
.............................. ... '
4
Please give the state of incorporation of your
company, the date it was organized, and the domicile of your
company at this time and all states and countries where your
product is used.
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ANSWER: GAF is a Delaware Corporation which was organized in 1929. - Its principal place of business is in New York
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1 City. GAF objects to the rest of Interrogatory No. 31 on
2 the grounds that it is ambiguous as to the word product and
3 irrelevant as to any state or country in which plaintiff
4 did not work.
5 INTERROGATORY NO. 32:
6 How many years has your company been engaged in the manufacture of products containing asbestos and which
7 are commonly used by insulators and asbestos workers?
8 ANSWER;
9 Approximately 40 years.
10 INTERROGATORY NO. 33:
1 1 If you, your company, or your company's attorneys, contend that any respirators or other breathing device is
12 currently on the market that will prevent the inhalation of asbestos dust and fibers, give the detailed description
13 of such respirator or other breathing device, together with how you know this will prevent the inhalation of such dust
14 and fibers, what tests were conducted, by whom and where, with sufficient detail to enable us to obtain the results
15 of such tests, also the dates when said respirators were first marketed.
16 ANSWER:
17 GAF objects to this Interrogatory on the ground
18 that it is argumentative and calls for expert medical and
19 scientific opinions.
20 INTERROGATORY NO. 34:
21 It is true, is it not, that your company has for
22 many years manufactured insulating materials containing asbestos and that such products have been placed upon the open market
23 to be purchased and used by the public?
24 ANSWER:
25 GAF no longer manufactures the products in question.
26 GAF objects to this Interrogatory on the ground that it is
27 ambiguous in its use of the phrase "the public".
28 INTERROGATORY NO. 35:
29 Do you or your company recognize that such asbestos insulating materials are dangerous and harmful to human beings
30 and to the health of man? If your answer to this question is "Yes", then please explain when you came to this conclusion
31 and what, if anything, you have done about it to notify the public. If your answer is that your products are not harmful
32 then explain what tests were made upon which you base such ? conclusion.
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1 ANSWER:
2 GAF objects to this Interrogatory on the ground
3 that it is argumentative and calls for an expert medical
4 opinion.
5 INTERROGATORY NO. 36:
6 Please state whether or not your company has had knowledge of any deaths or serious lung disease among your
7 employees which has been attributed to the inhalation of asbestos dust or fibers. If so, please give the number,
8 the name where known, and address of such persons, together with the names and address of the doctors who administered
9 treatment to such persons, if -known, and reports of occupational diseases furnished Industrial Commission of the states and
10 attach copies of the latter.
11 ANSWER:
12 GAF did not employ persons in a capacity similar
13 to that of plaintiff. Thus GAF objects to this Interrogatory
14 on the ground that the information sought is irrelevant to
15 the subject matter of the instant action and not reasonably
16 calculated to lead to the discovery of admissible evidence.
17 INTERROGATORY NO. 37:
18 Assume for the purpose of this question that it has been known for many years that asbestos dust and fibers
19 have been dangerous to human beings: has your company done anything prior to 1969 to notify any segment of the American
20 population of such danger? If so, explain in detail just what you did, and give the dates.
21 ANSWER:
22 See answer to Interrogatory No. 2.
23 INTERROGATORY NO. 38:
24 If your company manufactures any insulating products
25 which are commonly used by insulators and which contain asbestos, please describe how the following products are cut, shaped,
26 mixed and applied on the jobs:
27 (1) Asbestos cement; (2) Asbestos pipe covering;
28 (3) Asbestos bricks or blocks; (4) Asbestos sheeting;
29 (5) Asbestos insulation used to cover extremes of heat as well as cold.
30 (6) Asbestos insulation in loose form which may be blown into homes or buildings;
31 (7) Asbestos in spray form,
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1 giving particular reference as to whether or not the materials have to be sawed or cut on the job, blown into confined areas,
2 or mixed with water into a cement or paste. Then please state if there is any way known to you that the above products
3 can be used and applied without the worker inhaling any of the asbestos dust or fibers.
4 ANSWER:
5 1. ) Asbestos cement--mixed with water and sometimes
6 cement. Applied with a trowel.
7 2.) Asbestos pipe covering--applied directly
8 to pipe, usually with a metal band. Cut to size where necessary.
9 3.) Asbestos brick or blocks--similar to building
10 bricks, but using high temperature resistant adhesive.
11 4.) Asbestos Sheeting--GAF cannot answer without
12 clarification from the plaintiff as to what the term "Asbestos
13 Sheeting" refers to.
14 5.) Asbestos insulation used to cover extremes
15 of heat and cold--GAF cannot answer without clarification
16 as to what plaintiff means.
17 6.) Asbestos insulation in loose form--unknown.
18 7.) Asbestos in spray form--unknown.
19
20 GAF suggests that proper ventilation and respirators
21 be used at all times.
22 INTERROGATORY NO. 39:
23 Do you have any statistical figures available showing the number of employees employed with your company
24 who are exposed to asbestos dust and fibers and who have worked for your company twenty years or longer who have lung
25 disease? If so, please give such figures.
26 ANSWER:
27 GAF knows of none.
28 INTERROGATORY NO. 40:
29 Do you have any information derived from medical experiments or other sources or information of your own know
30 ledge, concerning the most common cause of death of one having asbestosis, if so, please describe what the most frequent
31 cause of death from one suffering from such disease is.
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1 ANSWER:
2 No, except to the extent obtained in pre-trial
3 discovery in other asbestosis actions.
4 INTERROGATORY NO. 41:
5 State:
6 (a) The net profit made by your company for each of the years since and including the year
7 1936.
8 (b) The net worth of your company as of the end of your annual.accounting period for each
9 of the years since 1936.
10 (c) The total dollar volume of sales of products manufactured by your company and include,
1 1 if possible, the total- amount of sales of products of your company containing asbestos
12 for each of the years since 1936.
13 ANSWER:
14 (a) GAF objects to this Interrogatory on the
15 ground that it is irrelevant
16 (b) GAF objects to this Interrogatory on the
17 ground that it is irrelevant
18 (c) GAF objects to this Interrogatory on the
19 ground that it is irrelevant except to the extent that sales
20 of thermal insu lation might be available.
21 INTERROGATORY NO. 42:
22 Please give the name and address of the president of your company, and also the name and address of the Chairman
23 of the Board of Directors.
24 ANSWER:
25 Dr. Jesse Werner, Chairman of the Board and Chief
26 Executive Officer
27 c/o GAF Corporation
28 140 West 51st Street
29 New York, New York 10020
30 INTERROGATORY NO. 43:
31 If your company has been unable to answer any of the foregoing interrogatories herein propounded, please
32 state the name and address of the person in your company
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1 having knowledge of the matters inquired about in these inter rogator ies.
2 ANSWER:
3 Phillip S. Bettoli
4 c/o GAF Corporation
5 140 West 51st Street
6 New York, New York 10020
7
8 William Schwingen
9
c/o GAF Corporation
10 140 West 51st Street
11 New York, New York . 10020
12 INTERROGATORY NO. 44:
13 Does your company recognize that Dr. Irving J.
14 Selikoff of New York, Dr. Philip Souchery of St. Paul and Dr. Sumner Cohen of Minneapolis are outstanding authorities
15 in the field of asbestosis, particularly among insulation workers?
16
ANSWER:
17
GAF objects to this Interrogatory on the grounds
18 that it seeks an expert medical opinion.
19 INTERROGATORY NO. 45:
20 Do you agree that the following states had a Workmen's
21 Compensation Law covering the occupational disease of asbestosis beg inning n the years set oppositei their respective names
22
Iowa
1913
New. Mexico
1945
23
111inois
1913
Florida
1945
Hawaii
1915
New Jersey
1945
24
California
1917
Color ado
1945
Wisconsin
1919
Alaska
1946
25
Connecticut
1919
Georgia
19 4 6
New York
1935
Tennessee
1947
26
Pennsylvania 1937
New Hampshire
1947
Indiana
1937
Nevada
1947
27
Ohio
1937
Arkansas
1948
Washington
1939
West Virginia
1949
28
Maryland
1939
South Carolina
1949
Delaware
1941
Vermont
1951
29
Oregon
1943
Guam
1952
Nebraska
1943
Oklahoma
1953
30
Minnesota
1943
Missouri
1959
Michigan
1943
Puerto Rico
1960
31
Arizona
1943
Montana
1965
Virginia
1944
Maine
1967
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1 I ANSWER: 2 GAF objects to this Interrogatory on the ground 3 that it is argumentative and seeks a legal conclusion. 4 INTERROGATORY NO. 46:
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5 Does your company recognize that asbestos causes i asbestosis? If the answer is "Yes", when did you come to
6 such realization and what action did you take in response thereto? If your answer is "No", then please explain why
7 no studies were made by your company to ascertain that this fact was indeed true and thereafter to take action to advise
8 those exposed to your products of their dangerous nature. 9 ANSWER: 10 GAF recognizes that this sometimes happens under 1 1 certain circumstances. GAF realized this approximately in 12 1964. See Answer to Interrogatory No. 2.
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1 STATE OF NEW YORK ) ) ss.
2 COUNTY OF NEW YORK )
3
MARY JANE ROTH, being duly sworn according to law, deposes 4 and says that she is an Assistant Secretary of defendant
GAF Corporation; that she is duly authorized to make this 5 affidavit on behalf of said corporation; and that all of
the statements set forth in the foregoing Answers to Plaintiff's 6 Interrogatories are true and correct to the best of her knowledge,
information and belief. 7
8
9 Sworn to and subscribed
before me this Jday
10 of
1979.
11 --------------------
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No. Oj-.OVU ' :
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Cornrrm^.y.i Umii" i.,.,. i> . _ .
14
15
16
17
18
Attorney for Defendant GAF Corporation
Oppenheimer, Wolff, Foster, Shepard and Donnelly
4824 IDS Center Minneapolis, Minnesota 55402
19
20
21 22
23
24
25
26
27 28
29
30 31
32
7. .17.
.A L I'i