Document 0r8q55YYKv2wbdERp8YM7abk

PLAINTIFF'S EXHIBIT STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF MC LEAN CATHERINE PRATT, Administrator of the) Estate of Ronald Beyer, Deceased, and ) BARBARA BEYER, ) ) Plaintiffs, ) ) v. ) ) ABEX CORPORATION, et al., ) ) Defendants. ) NO. 96 L17 DEFENDANT, OWENS-ILLINOIS, INC.'S ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES Owens-Illinois hereby provides its Amended and Supplemental Answers to Plaintiffs Interrogatories. INTERROGATORIES Q.l. State the exact name, date and state of incorporation of the corporation providing the answers to these interrogatories and the name of the agent or officer who has taken the "reasonable steps to search the `corporate memory' of the corporation (1) investigating the contents of the corporation's records, and (2) trying to ascertain the knowledge of other corporation agents" as required in Camnen v. Executive House Hotel. Inc.. 105 Ill.App.3d 576, 587 (1st Dist. 1982). A.l. Owens-Illinois Glass Company was incorporated in the State ofOhio in 1929. Owens-Illinois Glass Company changed its name to Owens-Illinois, Inc. on April 28,1965. Due to corporate restructuring in 1987, this defendant is now a Delaware Corporation. This defendant states MAY ? that it has referred to the relevant business records of the Owens-Illinois Glass Company, which are still in the possession of Owens-Illinois, Inc., and to some of the documents produced by OwensComing Fiberglas Corporation in the asbestos litigation, in connection with the preparation of answers to these interrogatories unless otherwise indicated. Q.2. Pursuant to Illinois Supreme Court Rule 213(f), provide the name and address of each witness who will testify at trial and state the subject of each witness' testimony. ISC Form Int 23. A.2. The identity ofwitnesses to be called at trial is not known at the present time. Owens-Illinois will disclose witnesses as required by case management order or at such time as the identity of witnesses to be called at trial is determined. Q.3. Pursuant to Illinois Supreme Court Rule 213(g), provide the name and address of each opinion witness who will offer any testimony and state: (a) The subject matter on which the opinion witness is expected to testify; (b) The conclusions and/or opinions ofthe opinion witness and the basis therefore, including reports of the witness, if any; (c) The qualifications of each opinion witness, including a curriculum vitae and/or resume, if any; and (d) The identity of any written reports of the opinion witness regarding the occurrence. ISC Form Int 24. -2- AJ. The identity ofwitnesses to be called at trial is not known at the present time. * Owens-Illinois will disclose witnesses as required by case management order or at such time as the identity of witnesses to be called at trial is determined. Q.4. Have you (or has anyone acting on your behalf) had any conversations with any person at any time with regard to the manner in which the occurrence complained of occurred, or have you overheard any statements made by any person at any time with regard to the (injuries) (loss) complained of by plaintiff or the manner in which the occurrence complained of occurred? If the answer to this interrogatory is in the affirmative, state the following: (a) The date or dates of such conversations and/or statements; (b) The place of such conversations and/or statements; (c) All persons present for the conversations and/or statements; (d) The matters and things stated by the person in the conversations and/or statements; (e) Whether the conversations were oral, written and/or recorded; and (f) Who has possession ofthe statement ifwritten and/or recorded. ISC Form Int 9. A.4. This defendant objects to this interrogatory on the basis that the terms "conversations", "overheard any statements", and "occurrence" are vague and ambiguous. Without waiving the above objection, assuming the "occurrence complained of' refers to the alleged -3- inhalation of asbestos fibers by Ronald Beyer and his subsequent death, Owens-Illinois has not obtained any such statements. Q.5. Do you know of any statements made by any person relating to the occurrence? If so, give the name and address of each such witness, the date of the statement, and state whether such statement was written and/or oral. ISC Form Int 10. A.5. This defendant objects to this interrogatory on the basis that it is vague and ambiguous. Without waiving the above objection and assuming that the term "occurrence" refers to the alleged inhalation of asbestos fibers by Ronald Beyer and his subsequent death, OwensIllinois, Inc. does not know of any such statements. Q.6. If any private firm or company adjuster has been directed to investigate the occurrence or ask questions ofpersons who may have knowledge of facts concerning the occurrence, state the full name and address of each firm or adjuster. A.6. This defendant objects to this interrogatory on the basis that it is vague and ambiguous. Without waiving the above objection and assuming that the term "occurrence" refers to the alleged inhalation ofasbestos fibers by Ronald Beyer and his subsequent death, Owens-Illinois has not directed any such investigation. -4- Q.7. If you have any information regarding Ronald Beyer's physical condition other than that information furnished you by the Plaintiffs counsel, state the nature of that information, the name and address of its source, and if documentary in nature, its present location. A.7. Assuming that such "infoimation" does not refer to whatever information, if any, Owens-Illinois, Inc. has received from consulting experts, Owens-Illinois has obtained no such information in the course of its preparation of this case. Q.8. Were any photographs, movies and/or videotapes taken of the scene of the occurrence or of the persons involved? If so, state the date or dates on which such photographs, movies and/or videotapes were taken, the subject thereof, who now has custody of them, and the name, address and occupation and employer of the person taking them. ISC Form Int 8. A.8. This defendant objects to this interrogatory on the grounds that the term "occurrence" is vague and ambiguous. Without waiving the above objection, Owens-Illinois did not take and does not possess any such photographs, movies and/or videotapes. Q.9. If you were named or covered under any policy of insurance, which provides coverage for any claim stated in the complaint, state as to each such policy: the name of the company; the policy number, the effective period; the maximum liability limits; what amounts, if any, have previously been paid under the policy which in the opinion of the carrier reduces the coverage available; whether the carrier denied coverage or tendered a defense under a reservation of rights; whether the policy contains any first party medical pay or disability coverage, and, if so, -5- describe the coverage; and which, if any, of the carriers listed in your answer is providing a defense to this suit. A.9. This defendant objects to this interrogatory on the grounds that it seeks irrelevant and immaterial information which is not reasonably calculated to lead to the discovery of admissible evidence. Expressly reserving and without waiving its objections, and subject to them, this defendant states that the issues surrounding its insurance coverage for asbestos claims are complex and remain not fully resolved. Because of disputes over possible insurance coverage, this defendant has engaged in litigation against certain insurance carriers which may provide coverage for asbestos claims. S, Owens-Illinois. Inc, v. Aetna Casualty and Surety Company. 597 F.Supp. 1515 (D.D.C. 1984); Owens-Illinois. Inc, v. United Insurance Co.. 135 N.J. 306 650 A.2d 974 (1994). The litigations between this defendant and Aetna Casualty and Surety Co. and United Insurance Co. have been settled. The terms and conditions of the settlement agreements are confidential, and as a consequence, the parties are precluded from disclosing the terms or contents of the agreements. Litigation involving certain reinsurers of this defendant's insurers is continuing. Q.10. State the name and address of each person who has employed the lawyers) representing you in this case. Illinois Supreme Court Rule of Professions Conduct 3.3 (a) (8). -6- A-10. This defendant objects to this interrogatory* as being vague, ambiguous, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence and not limited to any issue which is the subject of this case. Q.ll. State the following about each current employee of Defendant who has a medical degree: name, business address, job title, and whether the person completed a residency in either public health or occupational medicine. A.11. This defendant objects to this interrogatory as being irrelevant, overly broad, not reasonably calculated to lead to the discovery ofadmissible evidence and not limited to any issue which is the subject ofthis case. This defendant ceased the manufacture, sale and distribution of its Kaylo asbestos-containing products in 1958. Q.12. State the following about each current employee of Defendant who is an industrial hygienist: name, business address and job title. A.12. This defendant objects to this interrogatory as being irrelevant, not reasonably calculated to lead to the discovery of admissible evidence and not limited to any issue which is the subject of this case. This defendant ceased the manufacture, sale and distribution of its Kaylo asbestos-containing products in 1958. -7- Q.13. Has Defendant ever had one or more persotis who primary responsibility included looking after or monitoring the health of Defendant's employees, such as a medical director? If so, state the following as to each person who has held this position: (a) the name and address of the person; (b) the name of the position he or she held; (c) the dates during which he or she held the position; (d) the address of his or her office during the time he or she held the position; (e) state whether there was a written job description for that position at that time; (f) if there was a written job description, set forth the words of the description or attached a copy hereto. A.13. Charles Shook, M.D., deceased, employed from March 25,1946 until June 30,1960 was the Medical Director during the period in which this defendant manufactured, sold or distributed Kaylo asbestos-containing products. He reported to the Vice President of Corporate Staff) Director of Corporate Personnel and maintained an office at Owens-Illinois Glass company, General Offices, Toledo 1, Ohio. No written job description of Dr. Shook's position has been found by this defendant. Q.14. Has Defendant ever directed or contributed money toward a study of the effects of asbestos upon the health of animals or man? If so, state the follow as to each such study: (a) the description or title of the study; (b) the dates during which it was made; (c) brief description of the study; (d) whether any of the results were reported into written form, and if so, who now has a copy of the report. -8- A. 14. This defendant ceased the manufacture, sale and distribution of its Kaylo asbestos-containing products in 1958 and does not have any records from which it can obtain information sufficient to answer this interrogatory. During May, 1979, various papers and reports were produced by an employee of the Trudeau Institute, Mr. Allan Logie, regarding animal experiments conducted at laboratories at Saranac Lake involving dust collected during the Kaylo manufacturing process. These papers and reports may contain information relating to the substance of this interrogatory. This defendant has not been able to find these papers and reports in its business records or correspondence although it has searched for and continues to search for them. This defendant's counsel obtained copies of some ofthe papers and reports produced by Mr. Logie. However, these copies constitute only a portion of a larger volume of papers and reports which this defendant has not copied. They are available through Winne, Banta, Rizzi, Hetherington & Basralian, 25 E. Salem Street, Hackensack, New Jersey. This defendant also has reason to believe that plaintiffs' counsel has copies ofthe documents produced by Mr. Logie. Other documents possibly relating to this interrogatory may have been produced by Owens-Coming Fiberglas Corporation in the asbestos litigation. Those documents found at Saranac Lake and at Owens-Coming Fiberglas Corporation and elsewhere, indicate that during the period of time when Owens-Illinois was in the business of manufacturing asbestos-containing products, the state of government, industrial hygiene and medical community knowledge was that there was a recognized safe exposure level for asbestos -9- dust and that persons installing insulation were not exposed to extessive or hazardous levels of asbestos dust. The foregoing documents also indicate that Kaylo plant employees were x-rayed periodically and displayed no asbestos-related chest disease; that this defendant made appropriate efforts to provide ventilation and to control the emissions of all dust emitted during the manufacturing process within recognized safe levels of exposure, including the use of respirators in some instances, dust collection equipment and other devices as necessary; and that therefore during the period in which this defendant was in the business of manufacturing Kaylo it had no reason to believe that the foreseeable use of Kaylo would create a hazard to users. The documents produced by Owens-Coming Fiberglas Corporation indicate that the September, 1955 publication in the A.M.A. Archives of Industrial Health was a publication of inhalation experiments. To the extent that this interrogatory seeks the production of documents, such documents, as outlined in this response, have not been found as part of this defendant's records and, to the extent that this defendant is in possession of copies ofdocuments, it possesses copies only of documents collected in preparation for litigation. This defendant objects to producing the same. The documents are available from their proper source. Q.15. Have there been any studies of the effect of asbestos upon the health of any of Defendant's employees? If so, state: (a) the description or title of the study; (b) the dates during which it was made; -10- (c) the location or locations of the plants at which the employees were employed; (d) the number of employees studied; (e) brief description of the study; (f) whether any of the results were reported into written form, and if so, who now has a copy of the report. A.15. This defendant ceased the manufacture, sale and distribution of its Kaylo asbestos-containing products in 1958 and does not have any records from which it can obtain information sufficient to answer this interrogatory. During May, 1979, various papers and reports were produced by an employee of the Trudeau Institute, Mr. Allan Logie, regarding animal experiments conducted at laboratories at Saranac Lake involving dust collected during the Kayo manufacturing process. These papers and reports may contain information relating to the substance of this interrogatory. This defendant has not been able to find these papers and reports in its business records or correspondence although it has searched for and continues to search for them. This defendant's counsel obtained copies of some ofthe papers and reports produced by Mr. Logie. However, these copies constitute only a portion of a larger volume of papers and reports which this defendant has not copied. They are available through Winne, Banta, Rizzi, Hetherington & Basralian, 25 E. Salem Street, Hackensack, New Jersey. This defendant also has reason to believe that plaintiffs' counsel has copies of the documents produced by Mr. Logie. Other documents possibly relating to this interrogatory may have been produced by Owens-Coming Fiberglas Corporation in the asbestos litigation. -11 - Those documents found at Saranac Lake and ^t Owens-Coming Fiberglas Corporation and elsewhere, indicate that during the period of time when Owens-Illinois was in the business of manufacturing asbestos-containing products, the state of government, industrial hygiene and medical community knowledge was that there was a recognized safe exposure level for asbestos dust and that persons installing insulation were not exposed to excessive or hazardous levels of asbestos dust. The foregoing documents also indicate that Kaylo plant employees were x-rayed periodically and displayed no asbestos-related chest disease; that this defendant made appropriate efforts to provide ventilation and to control the emissions of all dust emitted during the manufacturing process within recognized safe levels of exposure, including the use of respirators in some instances, dust collection equipment and other devices as necessary; and that therefore during the period in which this defendant was in the business of manufacturing Kaylo it had no reason to believe that the foreseeable use of Kaylo would create a hazard to users. The documents produced by Owens-Coming Fiberglas Corporation indicate that the September, 1955 publication in the A.M.A. Archives of Industrial Health was a publication of inhalation experiments. To the extent that this interrogatory seeks the production of documents, such documents, as outlined in this response, have not been found as part of this defendant's records and, to the extent that this defendant is in possession of copies of documents, it possesses copies only of documents collected in preparation for litigation. This defendant objects to producing the same. The documents are available from their proper source. -12- Q.16. Have there been any instances where asbestos was a cause of mesothelioma in man? A. 16. This defendant objects to this interrogatory as being vague, ambiguous, unintelligible, not reasonably calculated to lead to the discovery of admissible evidence and not limited to any issue which is the subject of this case. Further, this defendant objects to this interrogatory on the basis that it seeks an expert medical opinion which this defendant is not qualified to render. Q.17. How much asbestos is necessary to cause mesothelioma in man? A.17. This defendant objects to this interrogatory as being vague, ambiguous, unintelligible, not reasonably calculated to lead to the discovery of admissible evidence and not limited to any issue which is the subject of this case. Further, this defendant objects to this interrogatory on the basis that it seeks an expert medical opinion which this defendant is not qualified to render. Q.18. What is the maximum amount of asbestos to which an individual can be exposed without increasing the risk that the individual will contract mesothelioma? A.18. This defendant objects to this interrogatory as being vague, ambiguous, unintelligible, not reasonably calculated to lead to the discovery of admissible evidence and not limited to any issue which is the subject of this case. Further, this defendant objects to this -13- interrogatory on the basis that it seeks an expert medical opinion which this defendant is not qualified to render. Q.19. Has Defendant issued a warning about the relationship between asbestos and mesothelioma? If so, state as to each such warning: (a) the language of the warning; (b) date first issued or distributed; (c) date last issued or distributed; (d) the method of communication or distribution used; (e) the name, position at that time, and current address, position and employer of each person ordering or recommending the warning. A. 19. This defendant ceased the manufacture, sale and distribution of its Kaylo asbestos-containing products in 19S8. This defendant has not found information in its records sufficient to enable it to answer this interrogatory. However, it does not appear that any warning concerning asbestos was given in that it does not appear that this defendant had reason to believe that the use of its products would result in a foreseeable risk of harm. Defendant is informed and believes that at no time prior to 1958 was there reason to believe that the medical and scientific community accepted that there was a causal connection established between exposure to asbestos and a risk of contracting mesothelioma. Q.20. Ifyour answer to the preceding interrogatory was affirmative, list the name and address of each employee ofDefendant who was responsible to investigate whether the warning - 14- was reaching the persons who were breathing or ingesting sufficient ^mounts of asbestos to be at risk of contracting mesothelioma. A.20. Not applicable to this defendant. Refer to objection and answer to Interrogatory No. 19. Q.21. If your answer to the second preceding interrogatory was affirmative, list the name and address of each employee of Defendant who was responsible to investigate whether the warning provided the persons at risk of contracting mesothelioma with a sane appreciation of the severity of the disease and the probability of contracting the same. A.21. Not applicable to this defendant Refer to objection and answer to Interrogatory No. 19. Q.22. If your response to any interrogatory is an objection that it is burdensome, state the name, address and position of the person most knowledgeable about the effort that would be required to answer the interrogatory and the estimate of that person regarding the man-hours that would be required to answer the interrogatory. A.22. Not applicable to this defendant. Refer to this defendant's answers to these interrogatories. Q.23. Has any employee, agent or representative of Defendant (or any of its corporate predecessors) ever been physically present at the plant at 1111 West Perry Street, -15- Bloomington, Illinois? If so, state the name, current address, and date(s) of visit for each such person. A.23. This defendant ceased the manufacture, sale and distribution of its Kaylo asbestos-containing products in 1958. This defendant has not found information in its records sufficient to enable it to answer this interrogatory. Q.24. Has Defendant or any of its corporate predecessors ever sold asbestos or asbestos-containing products to the plant at 1111 West Perry Street, Bloomington, Illinois or shipped or delivered asbestos or asbestos-containing products to Union Asbestos and Rubber Company, UNARCO Industries, Inc., or Owens-Coming Fiberglas Corporation? If so, state the details of each such sale, shipment or delivery. A.24. This defendant objects to this interrogatory on the basis that it seeks information which is not relevant to the subject matter of this litigation and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving the above objection, this defendant ceased the manufacture, sale and distribution of its Kaylo asbestos-containing products in 1958. This defendant has found no records indicating that it sold, distributed, or otherwise supplied Kaylo insulation products containing asbestos to the plant at 1111 West Perry Street, Bloomington, Illinois or the Union Asbestos and Rubber Company, UNARCO Industries, Inc. Defendant has found records indicating that it may have sold its Kaylo asbestos-containing products to Owens-Coming Fiberglas, refer to Exhibit I. In 1953, this defendant entered into a sales - 16- agreement with Owens-Coming Fiberglas Corporation under whifch it agreed to the sale of Kaylo asbestos-containing products to that corporation. This defendant believes that it ceased the general marketing and sales of its asbestos-containing thermal insulation products at that time, disbanded its sales force, and that thereafter, Owens-Coming Fiberglas Corporation was the primary marketer of its product under the sale of the division to Owens-Coming Fiberglas Corporation in 1958. Refer to Exhibit H Q.25. Provide the following details regarding each material safety data sheet you have prepared regarding asbestos or an asbestos containing product: name ofproduct; date prepared or published; name, address and employer of each person involved in preparing the language, if any, regarding the health hazards associated with the product. A.25. This defendant objects to this interrogatory on the basis that it is vague and ambiguous, seeks information which is not relevant to the subject matter ofthis litigation and is not reasonably calculated to lead to the discovery of admissible evidence, except as it relates to the period of time during which this defendant engaged in the manufacture, sale and distribution of its Kaylo asbestos-containing products. Without waiving the above objection, this defendant ceased the manufacture, sale and distribution of its Kaylo asbestos-containing products in 1958. This defendant has found no material safety data sheets regarding its Kaylo product in its business records. -17- Q.26. List the names and addresses ofall other persons (other than person heretofore listed) who have knowledge ofthe facts ofthe occurrence and/or ofthe injuries and damages claimed to have resulted therefrom. ISC Form Int 25. A.26. This defendant objects to this interrogatory on the basis that it is vague, ambiguous, seeks information which is not relevant to the subject matter of this litigation and is not reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to the extent this interrogatory seeks information regarding individuals involved in preparing the defense of Owens-Illinois, Inc. in this matter, such as attorneys, paralegals and other related persons, and any consulting experts. Q.27. Identify any statements, information and/or documents known to you and requested by any ofthe foregoing interrogatories which you claim to be work product or subject to any common law or statutory privilege, and with respect to each interrogatory, specify the legal basis for the claim as required by Illinois Supreme Court Rule 201(n). ISC Form Int 26. A.27. Refer to this defendant's answers to these interrogatories. Matthew J. Fjscher SCHIFF HARDIN & WAITE 7200 Sears Tower Chicago, Illinois 60606 (312)258-5591 Attorneys for OWENS-ILLINOIS, INC. - 18- STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF MC LEAN CATHERINE PRATT, Administrator of the) Estate of Ronald Beyer, Deceased, and ) BARBARA BEYER, ) ) Plaintiffs, ) ) v. ) ) ABEX CORPORATION, et al., ) ) Defendants. ) NO. 96 L17 CERTIFICATE OF SERVICE I hereby certify that on May 15,1997,1 served a copy of Defendant Owens-Illinois, Inc.'s Response to Plaintiffs First Set of Interrogatories on all attorneys listed on the attached service list, by depositing same in the United States Mail in Chicago, Illinois, postage pre-paid. SCHIFF HARDIN & WAITE Matthew J. Fisoner 7200 Sears Tower Chicago, Illinois 60606 (312) 258-5500 Firm No. 1437 -19- ..iAY 1 9 B97 Attorney for Plaintiffs: James Walker James Walker, Ltd. P.O. Box 3455 Bloomington, Illinois 61702-3455 SERVICE LIST Attorneys for Charter: John E. Frey David A. Kom\ Wildman, Harrold, Allen & Dixon 225 West Wacker Drive Chicago, Illinois 60606-1229 Attorneys for Great Lakes Carbon: Philip M. O'Donnell Steven A. Wakeman Kingery Dupree Wakeman & Ryan, Assoc. 915 Commerce Bank Building Peoria, Illinois 61602 Attorneys for Met Life: Edward M. Crane Marie E. Rakoczy Skadden, Arps, Slate, Meagher & Flom 333 West Wacker Drive Chicago, Illinois 60606 -20- Attorneys for PCC: Jeffery J. Matthews Polsinelli, White, Vardeman & Shalton 700 West 47h Street Suite 1000 Kansas City, Missouri 64112-1802 Co-Attorneys for ICRR: Thomas Peters Mark R. Kurz Gundlach, Lee, Eggmann, Boyle & Roessler 5000 West Main Street Box 23560 Belleville, Illinois 62223-0560 Co-Attorneys for ICRR: Fred B. Moore Livingston, Barger, Brandt & Schroeder 115 West Jefferson, Suite 400 P.O. Box 3457 Bloomington, Illinois 61702-3457 Attorneys for Grcfco; Robert Spitkovsky Johnson & Bell, Ltd. 222 North LaSalle Street Suite 2200 Chicago, Illinois 60601 -21 - Attorneys for Abex Corporation & Abex. Inc.: Robert W. Scott Timothy Swain Swain, Hartshorn & Scott 411 Hamilton Boulevard Suite 1806 Peoria, Illinois 61602-1104 CHI3:120404.1 05.14.97 11.21 -22- AFFIDAVIT STATE OF OHIO ) )SS: COUNTY OF WOOD ) H. G. BRUSS, being duly sworn according to law, deposes and says that he is an Assistant Secretary of Owens-Illinois, Inc., a defendant herein; that as such he is authorized to make an Affidavit on its behalf; and that the facts set forth in the foregoing DEFENDANT, OWENS-ILLINOIS, INC.'S ANSWERS TO INTERROGATORIES, are true and correct to the best of his knowledge, information and belief. SWORN TO and subscribed before me this ^ 5 day of . VICTORIA A. GALLAGHER My Commission Expires: Notary Public. State oi iftio Mv Commission Expires Sept. 22. 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CX Ol <0 co . co co <0 1 O OO J * - - 1 oX 1--* r- r^| ^4t ^4* n- r- f r im ; - ^^ r-- r~ r- r- 1 0 <s <0 { 0 ao> oo* | CO GO in in ia m tfi 1 in <ri O' O' O' a* 0% 1 "T i i O *4 O' O' in O' O' -4 ao CM CM CM O CM 'O in in (A 1 IftH O* O* 0 O'' I mm 0 0* tn O' (\l -X 0 x>, m m in 1 0* O' O' 1 1' in in o 1 CM (X - x> x> <o in* ' 4 rx j 4 4 CXI 1 ^ CM > *4 O OX ] 0 o- !O 1 4 ' 4 *4 r- O' O'; ** rx rx 1 in in HO O r- o- 0^ ox rx rx m i/v i 1 , *" rt ^4 ^4 i *4 *4 in ^4 in O' O' <A (A O' O* m in O' O' in in m O' O' O' < #4 *X r- k4 ^4> ^4 j ^4 4 1 f 't O O co 0 CO 4 4 N H CM O' O >0 aa co <0 rx rx co <0 co rx rx cx 4 OO 400 i^^ rx <-X i-X CM 4 4 CM CM r- r- r^ r r- r- t" e' r- r- r- r* r~ r- r- r- r* r-** CO CO CO CO co *4 *4 *4 l4 *4 O' O' 0* O' O' ro co rH H O* O' en to H4 O' O' <n <0 co 44 4 ^O (> co ro <0 co <0 <0 <0 t--4 rX OX 4 4 *4 #4 O' O' O' O' O' O' O Ov c ( c4 0 ^w u ! ;.MI , (Ml ; CDI *c l ! i All ! i CM 4-4-fCO --jO* --*P I| Si I! ii i* II ii iA:< (Ml Ai iO- > ;0 O Ir--sk Avf. ! A. A| :; i Al All J* o| *; ' Al All 0ak'9*i -Inun <*v<ni ' >i aiTi'<ma.; i ?! *< sc U: I iAl Al, I o CM ! I! I! > K <A(A aa tOIO i 1^1#^ I IlAlft vrv 0 o*( :* a> oo1 ! ; ![tnA CM'Al 'O'OjflOj 'vO fli(M i aa | I IM, l>A 'A^A ,<M A A; A' vnv o "SIM M <M (Ml \! Ok; A, iA A CM 1 o lA I o: <o a; cm <"Uj AA lO'AI, 'lA. !! '(OlA I I* in P4*-i o* |N Al *t I (--AI I(ffA* 1! '(A'iA i 0\<7> i I i o*'a ,o;o |; ii I A-A h i! |CM j i i*A ~+ 'O o >0 jcM'<N !! t r**t ;-n ^ i (C 0 01 OD I o CM Al :* 4 O m o 4 A 0 \ * Q . VJ o o o o r* \ - ;) * A 0 4 0 4 ) ) sO 0 4* O A' <M 41 OS CL * QuC (uX O' O' . H H H^ 44 0 0^0^ f- 4O' *" *H oo ^ cn 4 r^-i cn 4 cn cn O' O' r- r- CM CM *- O CM CM 04 4 kA <0 h cn 4 PM <M ~4 --i oo <n cn O' O' co o co O' OOH cm *-h cn <0 tn O' 4A 4 A O' O' co r- ~4 O* 33 CO AA 0h- 0r- (M rg o 4o -4 r- A A' a O' O' o A< A CO' cm! a* AA O O' m r\j o- m rsi. -r>! A <M H (N N CM 4 4 444 A O -4 H H H CM cn <n cn <n cn cn r* r** p- p-i r- r- A O' A A A- A A O' 4 O O ^ O' O' j r- a cn m: r-H CO H O' * 4 0 0 0 0 0 i A A A A A* A A O' CM O' O' O'; O' <* j O' cn <n cn1 cn; cn cn CO CM CM CM CM CM CM r- r** r-; r* 1i i <n cn cn cn n cn H HHH r--4 ' 0 co co o 0 O' O' oo HH 00 4 CM o o^ M (M A HH 1 4O CM p** h- 4 4 0 CM H 0 0 CM ;a '-H i ,!o | i ,p- mm HH 00 *n >< 0 CM <M r- p~4 ~4 00 4 CM O i*- p00 CM CM AA HH oo p** r- cn m HH 00 cn cn f-- ^4 ~4 00 4 CM o^ oo r*- pHH -H 44 CM CM r- p- cn m ~4 ^ 00 O' 0 0 CM A 0 CM A -H o 1 r^ -n ~4 0 4 "If /5 Attention of Subject OWEI*i - ILLINOIS GLASS COMPANY KAYLO DIVISION INTRA-COMPANY COMISrONSfNCE February 23> 195U General Office* Toledo, Ohio Mr. J. B. Follas GENERAL INSULATION t ROOFING C01SPANI LCUIS7ILLS, KS1TUCZY Please issue check to subject distributor in the amount of 5)16.38, representing commission due them for shipments into their territory during the month of January. The amount was arrived at as follows: Invoiced to: Owens-Coming Fiberglas Corp. Owens-Coming Customer - Fiberglas Contracting fr. Supply Company Shipped to: Same Louisville, Kentucky 1/WSh B95-3182 OC# 37-2260 Sales Amt. Com. at $f, $327.60 $16.38 Kaylo Comptroller's Department ?.. R. 3eck %J 1v / V .T - -,-C^ v' V -T */ ^ /? 'V***/^ ST-sQ-v-flst . +*'-) C'"'^>'^a.t- f.. ~ ^ ii '?*t'.+U.K^~~! h '.yZtsaS C**^r. -J6 r*t*^ o*H oHj.-i "iffi/.V .- .ti,* it. s!?<^< .^t-ju . , du 7tlvj Oi/firrss*~ 'Zrtstu^u* -*/--`rh`. * ! ; ***. J~ao ,:'.ui#? J-r'// J, # 00 IS 2.4 )-.' .i 4, 1 -t nr**' : -v4.- A4<AC n " - i^o. i : SXo<*4*4 4iX4X 77 'i yJJiiSof **'{77147', ; i 4*VJfb /* ! j ? I i. ... 1 i............ i-1 - 1 /-??, 100 ' _ ______ ___ ^J^SfiP i !r I i 1 ! 1 .. Schedule of Shipments on War Contracts Sh ip p e d Customer ! W<aOl-k 3a**? XM t . si 1 i' *1< o3 < & 'i < fl S' -c l --*--- -- ------- - v FACTORVCOST -"Cr 3= !i is S AsX 3k <" w NX<d </ Sarf Z - At &. i i- 3 >j i *4 j& sJ MvS1*!-f > VMT. _l< tf JLi >r A 4< 4 V* 'A ef. i t 'A 01 (A Hi 8 8 < <* . f 1 . - sJ " i -I /* z 1 4 O* /z T< 1* <Ja <4 1^ ijn\ ** Jt 1 J 1 4 4 3 08 ; i 2o' * "V h 3 * P`*1 1, 7: 1 X M a 3 1- 3 X 1 Z7 2 z Jl *<* 6 U =3=1! 5 w !il X A `U H < >k $ J-- A 1 * & cM. O i ai -*H o> 4 -*! ^ .3 2 T ! *l-- ii *A uf* V. n T i > "f -- H ^ 'T . `' J V: ' ^> - u Q * z- X ' \f p J t .-U'--. J z; 5 : -^ i- 1 ^____ \ y* i>______ <A ; << <c T( i i i i J Z i ___ i t. < J (* * *T 4 * < j i SK V V 6 j 4 i V > >*' 'C o; h.4 \ NV n o' > X i >r a * X t * * J %* * S\ 0 s' *% '. <r Vi ------1---- - Schedule of shipments on War contracts ' Shippc t Cu s t o m e r 3 i tQXai < 0t * M 4 lo3i* ** *> V 3 ^ X -tit si >o S3 So ^ `2 , ; 1 is K 5o5c --; -: 48 0 .'X i 0b(I>X<sJ wd --<3a . 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A N 1 Cx i 1^ Jt J- u > a\ 1 r< 'i l i .( c c c v C T -w CC( ( (< CCrc ^ V T C CC ( c c c rc c <* r err c c* i O & , emg rma *A g p-4 OO nm \ *, i r-4 lA lA 4> *Hb lArt ff>i rg cm 17s OS ! i ii oc.ac.a*i noooH h r* h <n. r- rgrg oV eg m so ij jl ' i . 1 \> l r -3-: O' co g) w n g) 0) (A O CO O' ^ N O A <A N ^ miflin O if> ng fn m o, g) <0 N H <0 i ; rg i ! 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H r- tnOlOOfliCO'O f- n` O N ^ H -l O O' rst cvl *!1 o ol O Oi oo oo p-41 :' * i o as1 4OJ"J1 ^ oi o in irv 1-4 : *i 'i if. O O r: r\J. f\| f\J -Ol f*~ H rH i'T' --i -4- -t O' jo- oo: * ae ae . <j <- oo oo :oo ?or> ror\ i I 4-. CM rs* vO <o m n r- p^. * ae ae U VJ :oa oo .* * in in rvi m oa|oooooaoo -r -j! vr -4- -ri -r < 1 p-- p*-- f--j p*-- P"-- rn r*- i tO ifl in iTV ini *n ifM iA tf> NCOrHO^oO aI^-*CdfNsjairrrc>v^-H'Oiiir-'O^ III ^TT4% <*\ cW i ^tnt C*H ; # m* < in irv ini ii*i *n %r% >/V c* o cm o* c* 0* c* <M o a r- 0-0 -4` -4 -4 r-, r~r ift iniin o ! 0;0 j -o ` I in; in ^4- ,avo* m .n: in iH H OiO o o`o o pH r- rfr -ni in in o|o o cJ <n o O' --4- --4- CO p-4 n in inO' O' O' 0 1 o O'^OOqOOA m t^ rsji *-* <\* - r-u r*. nn >-, >, p* r** o - r- oo HH r*: r-- o CO; CO pg rg r-r- >1--*6-4 -o4 ** *o 'o ro* ro n 1, i l .Ni O' O' 'JV ON O' O'* > > ; i - --4 pH O' O' m ^i H --H O' 0> O' 11 I i * ij u IS u- ! Is in O' ; -o I 1 i i4. >i 1 >, ~k. L.i.> i a L EXHIBIT n ACREoIENT made this 9th day of tlay, 195^, with an effective date as of the close of business on April 30, 1958, between OY/ENS-ILLINOIS GLASS COiiPANY, an Ohio corporation, hereinafter called "0-1," and CF/.EioCORjVING FIBERGIAS CORPORATION, a Delaware corporation, hereinafter called "OCF." In consideration of the mutual promises herein contained, the parties agree as follows: 1. 0-1 hereby sells to OCF certain of the properties, herein after more particularly described, of the Kaylo Division of 0-1 on the following teres and conditions. 2. The term "Products" wherever it appears in this Agreement means hydrous calcium silicate products- of the type heretofore manu factured by 0-1 at Berlin, New Jersey, and commonly referred to as "Kaylo." OCF hereby purchases the inventories of raw .materials for the production of Products, Products in process of manufacture, finished Products in warehouse, and the manufacturing supplies and repair parts at the Kaylo plant at Berlin, New Jersey, all as of the close of business on April 30, 1958, for an aggregate consideration of 633,661.Ll, which OCF agrees to pay in Toledo funds upon the execution of this Agree ment. 3. OCF hereby purchases all trademarks relating exclusively to Kaylo owned by 0-1, including trademarks set forth on the attached Schedule A, for an aggregate consideration of $17,500.00, which OCF agrees to pay in Toledo funds upon the execution hereof. b. OCF hereby purchases as of the close of business on April 30, 1958, the land, buildings, machinery and equipment, including ;-i;11 iti*s ur.irr c-rj;ru:`.::n, office furr.ivure, fixtures and equipment and automotive equipment,' all located at Berlin, New Jersey; equipment at other locations used solely for testing Products or research in con nection therewith, for an aggregate consideration of 53,600,000.00, which OCF agrees to pay in Toledo funds upon the execution hereof, 5. OCF hereby purchases all inventions, patents and patent applications, both domestic and foreign, owned by 0-1 at the close of business on April 30, 1958, defining Products, or processes or apparatus for the manufacture thereof, including but not limited to the patents and applications listed on the attached Schedule B, for an aggregate consideration of 52,650,000.00, which OCF agrees to pay in Toledo funds upon the execution hereof. 6. O-I hereby assigns to OCF all of the executory contracts as of May 1, 1558, of the Kaylo Division, including those for the pur chase or sale of goods, materials, equipment, supplies and capital assets agreements with labor unions,'consultant agreements and all other con tracts having to do with the conduct of its business (excepting, however, accounts receivable arising from goods supplied, services rendered or other transactions prior to May 1, 1958) and CCF agrees to perform and discharge all executory obligations under such contracts (excepting, however, any obligation for goods supplied or services rendered prior to that date, these obligations remaining the responsibility of 0-1 and ex cepting the obligation, if any, of 0-1 to pay compensation to any salaried employee of its Kaylo Division by reason of the termination of his employment by 0-1), and will save 0-1 hirmless from any and all claims of any third person or persons for any breach, after assignment thereof, of ary agreement so assigned. O-I will save XF harmless from any and all claims for any breach, prior to assignment thereof, of any agreement so assigned, and for the breach of all warranties and agree ments relating to goods delivered prior to Hay 1, 1953. 7. 0-1 will permit XF to have such access as XF may desire to the books, records, contracts, orders, files and properties of the Kaylo Division, and as promptly as practicable 0-1 Trill deliver to XF all books, records, contracts, orders and files of the Kaylo Division, except such as 0-1 desires to retain, and as to these, 0-1 will make and deliver to XF copies of ary XF desires. 8. O-I will turn over to OCF as promptly as practicable the files and records relating to all domestic and foreign patents, applica tions and inventions transferred to OCF. 0-1 will cooperate in making available other pertinent files and records, and 0-1 will cooperate in assisting OCF to prosecute pending applications and to file and prosecute additional applications on inventions transferred as OCF may elect. 9. 0-1 will deliver to OCF as promptly as practicable all deeds, bills of sale, assignments, and any other documents that are necessary or advisable to carry out the purposes of this Agreement. All titles to be conveyed by O-I hereunder shall be free, clear and unen cumbered, except for the lien of taxes and assessments not due and pay able on May 1, 1958, and except for defects in title to real estate which do not and will not substantially interfere with the use of real estate for the purpose for which it is presently used, and transfers thereof shall be made by deeds and bills of sale of general warranty, accompanied by appropriate abstract, report of title or title insurance policy showing -li re al estate titles to be good and merchantable in O-I, free, clear and unencumbered except as aforesaid. O-I makes no representation or warranty whatsoever, except as to title, as to personal property sold to OCF, nor as to the validity or scope of any patent or patent application, nor as to the rights OCF will acquire under any trademark or trade name. All documents contemplated hereby and all necessary corporate action shall be subject to the reasonable approval of respective counsel. O-I and XF will each pay its own expenses in connection with the transaction herein contemplated. 10. The possession, use and disposition by 0-1 of the assets sold to XF from the close of business on April 30, 1958, until the consummation of the sale herein contemplated shall be at the risk, and for the account, of OCF; 0-1 will account to OCF for any excess of its receipts therefrom over its disbursements in connection therewith or XF will reimburse O-I for any excess of such disbursements over such receipts, as the case may be, as prooptly as the balance can be determined. 11. Any controversy or dispute arising out of this Agreement shall be settled by arbitration conducted in accordance with the rules, in effect at the time the controversy or dispute arises, of the American Arbitration Association. 12. This Agreement shall be governed and construed in accord ance with the laws of the State of Ohio applicable to contracts made and to be performed in the State of Ohio. 13. The several rights and obligations hereunder shall ex tend to and be binding on O-I, OCF and their respective successors and assigns, but no third person, except for such successors and assigns, shall have or acquire any right hereunder. IN Y.'ITNESS Y<HEREOF, the parties have executed this Agreement and affixed their corporate seals ty their duly authorized officers cn the day and year first above written. ATTEST CTC7EN5-ILLINOIS GLASS COiiPANT By___ K'fGl'Vu.i President I CIl- L 2aylo rjylo Saylo S) 7xsInSsg!s SSsflo SjijIo Zaltid States S?i3icic:i Bb. *1,786 5*3,V>3 6:9,223 Deta 5/l3/ia 3^/52 V 1/57 ZcrziiV n?3i.Tir7iti.5s Ss. (sTss!: rju'it'iiii 72-0,567 Great arituia 7^0,563 Zfeta 2^31/55 / li>/31/5S I Caitcft States rataata Patent Uo* 2,2*25,610 2,439,724 HS.23,223 2,534,203 2,540,354 2,547,127 2,570,835 2,574,667 2,665,596 2,7^8,003 2,7Sr,345 2,723,304 Inventor Plnisy Plalsy Tressr Serials Ssldea Ealoutei s&QSSJ, 5'C al Shtssa 23lCC2ak F.olouaai Scubiar, et al Sscvrccai lassa lata 3-12-47 4-13-43 5-5-50 12-19-50 2-6-51 4-3-51 IO-9-51 U-13-5I 1-22-54 5-29-56 4-2-57 4-5-57 PrrlLts:-; vaitei States A~?1LL5vt-?.C23 Serial as. T-rsatss* 679,052 691,543 457,645 301,705 304,320 515,447 518,580 522,014 523,727 526,8*0 . 528,717 533,939 553,764 560,403 620,795 024,053 632,012 643,231 705,772 652,112 702,061 692,209 723,754 Ealcawi 3'lsbsp Scubler a&ylocr Ifeafoll Ssnblar fftrsraa Pis Shasan Sslcoaejs Bauers Sauers 3 lapses psyler Ssylar Silcusali SsvSiar Saylcr Baicy Jirtlart Siar>'-a Sirrsaa / 712JL5S Bate 8-19-57 10-22-57 3-29-55 4-15-55 -4-27-55 6-14-55 6-23-55 7-14-55 7-23-55 8-3-55 3-16-55 13-5-55 22-19-55 1-20-56 11-7-56 11-23-56 1-2-57 3-1-57 12-30-57 4-11-57 12-11-57 10-23-57 2-25-53 ?eyai3P. rerfcoiAs nnti. (ii) lus'&oli&t -'a) 2iSi.\ra; Sarial i'o. () Czuzczi '*} pTi=C5j oS5,5fiS 609,580 (s) Gcssst: 3054 I7b/I2i \.) Great 2rltaia*. 3780 TTs/lZL (3) Hollaed: 150,556 150,253 relies Hate rtlklSn*:* 1(0 163,519 485,599 522,337 531,912 531,867 531,591 500,264 479,612 7-12-54 7-12-54 502,577 540,321 540,322 459,203 433,579 974,332 1,081,310 1,112,408 1,122,398 1,121,220 t 1,026,557 559,797 5-10-53 8-24-54 297,325 1,005,435 1,012,857 558,427 742,145 759,030 773,532 767,761 702,057 646,820 9-4-54 a-o?-54 85,222 82,230 7-3-53 11-13-4* 8-25-53 9-17-54 9-15-54 9-2-54, 12-36-50 1-14-W 5-1&-54 4-30-57 4-30-57 1-12-54 12-3-32 10-56-43 7-15-53 5-14-54 11-16-55 -31-54 2-4-53 I-5-43 8-13-53 9-7-54 II-12-57 10-5-43 6-25-53 8-20-54 3-15-57 8-20-54 10-18-50 H-29-50 8-15-57 6-16-55 'h) Italy* (i) Swcu: Sfsrflal ITo. 5157/53 7821/54 7775/54 Data S^tgat So* lasu-a r?:'; 5-30-53 8-28-54 8-27-54 531,555 543,519 533,115 150,5 8-31-5)1 8-30-54 8-24-54 l 1-21-57 CERTIFICATE OF SERVICE I hereby certify that on May 15,1997,1 served a copy of Defendant Owens-Illinois, Inc.'s Response to Plaintiffs First Set of Interrogatories on all attorneys listed on the attached service list, by depositing same in the United States Mail in Chicago, Illinois, postage pre-paid. SCHIFF HARDIN & WAITE Chicago, Illinois 60606 (312) 258-5500 Firm No. 1437 -19-