Document 105ab244Rne11Xd43e8gR0j3E

FILE NAME: Goodyear (GY) DATE: 1999 May 4 DOC#: GY097 DOCUMENT DESCRIPTION: Legal - Defendant GY's 5th Amended Response to Plaintiffs' Standard Interrogatories 1 IAN H. CHARTER, #127995 ISTINE E. BALOGH, #179163 2 JR.DY ERICH BROWN & WILSON Professional Corporation _ 3 100 G Street _ icramento, California 95814 4 0. Box 13530 icramento, California 95853-4530 5 316) 449-3800 ' _ nrnpvs for Defendant, THE GOODYEAR TIRE & RUBBER COMPANY 6 7 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SAN FRANCISCO 9 10 COMPLEX ASBESTOS ) No. 828684 11 LITIGATION. ) ) DEFENDANT THE GOODYEAR TIRE & 12 RUBBER COMPANY'S FIFTH AMENDED RESPONSE TO PLAINTIFFS' 13 STANDARD INTERROGATORIES TO ALL DEFENDANTS 14 15 li 'ROPOUNDING PARTY ; Plaintiffs 1" LESPONDING PARTY : The Goodyear Tire & Rubber Company 15 ET NUMBER: One PREAMBLE 1! Plaintiffs allege Goodyear Aerospace, Loral Corporation and 21 .rcraft Braking Systems Corporation are successors m interest to Le Goodyear Tire & Rubber Company. Such an allegation has arisen i conjunction with litigation involving aircraft brake assemblies, i 1974, The Goodyear Tire & Rubber Company acquired Goodyear jrospace Corporation, which was a manufacturer and seller of Lrcraft brake assemblies.' In 1987, Loral Corporation acquired the rake division of Goodyear Aerospace Corporation. In April or 1 .;CDMA\WCRLDOX\.l\K3MEV :NT\0519\CCMPL2X\OLW;WPD ( 1 1989, Loral Corporation sold the aircraft braking division to 2 Aircraft Braking -Systems Corporation. Plaintiffs argue they are entitled to know whether The 3 Goodyear Tire & Rubber Company has information these alleged 4 5 alternate entities may have responsive to the G.0. 129 interrogatories. Defendant The Goodyear Tire & Rubber Company 6 disputes that it is required to answer the G.0. 129 Interrogatories 7 in a way which would include information these alleged alternate .8 entities would have responsive to the requests. 9 Plaintifrs' counsel, however, has represented the court is requiring such a 10 response and has provided a transcript of court proceedings where 11 such a requirement was ordered. Thus, defendant The Goodyear Tire 12 & Rubber Company responds to plaintiffs' request based on said 13 representations and to avoid an unnecessary costly discovery 14 dispute. Defendant, however, reserves the right to terminate such 15 types of responses if the court later determines such a response is 16 legally inappropriate. In fact, defendant The Goodyear Tire * 17 Rubber Company maintains that such a response is inappropriate, 18 exceeds defendant's personal knowledge, and violates work product 19 privileges. 2-0 By answering whether The Goodyear Tire & Rubber Company has information these alleged alternate entities may have 21 responsive to the G.0. 129 Interrogatories, defendant does not 22 admit plaintiffs' alternate entity theory is correct. 'Without 23 waiving said objection and reservation of rights, defendant The 24 25 H ARDY E R X C H 26 B R O W_ N '<55 27 so N 28 1000 G S treet 2d Floor Sacramento. CA 95814 phone (916) 449-3800 fat (916) 449-3888 Goodyear Tire & Rubber Company responds as follows: Defendant The Goodyear Tire & Rubber Company performed a reasonable and diligent search and determined that it has no different or additional information Goodyear Aerospace, Aircraft -GCKA\WOSl.DOX\PAK=HS\=.:S:!rr\5 919\:OMPLEX\DLWiaol.HPi: 2 ________ RESPONSE - 0 PLAfNTi --5- 5 ,ANl.Aa -< .NT- k-c^ . a . v 1 Braking Systems Corporation, or' Loral Corporation would provide to 2 the G.O. 129 Interrogatories addressing asbestos containing 3 aircraft brake assemblies. Moreover, The Goodyear Tire & Rubber 4 Company notes that Loral Corporation is an existing entity which 5 participates in current San Francisco asbestos litigation and 6 prepares its own G.O. 129 Interrogatory responses. The Goodyear 7 Tire & Rubber Company does not admit the truth of any of the 8 information contained within Loral Corporation s G.O. 129 9 interrogatory responses, as The Goodyear Tire & Rubber Company does 10 not have the requisite personal knowledge or authority to do so. 11 For discovery purposes, however, The Goodyear Tire & Rubber Company 12 responds that it has no information which is different from and/or 13 additional to the information Loral Corporation provides in its own 14 G.O. 129 Interrogatory responses. 15 Defendant The Goodyear Tire & Rubber Company responds to 16 plaintiffs' Standard Interrogatories to all Defendants based on 17 information presently available to defendant after a reasonable and 18 diligent search, as set forth below. I 19 Dated: April 26,. 1999 20 HARDY ERICH BROWN & WILSON A Professional Law Corporation 21 22 23 iRTSTINE E. BALOGH State Bar No. 179163 24 25 H ARDY E R I C H 26 B R O _N 27 V ^S o N A Le 28 1000 G Street 2d Floor Sacramento, CA 95314 phone (916) 449-3800 3 fax (916) 449-3388 . 5 BMA\WOSLBOX\ri \ H C M S \ C U E N T \ 0 Sl\COMI>l.EX\DLW;eS-. W ?3 1 RESPONSES' TO GENERAL ORDER NO. 129 INTERROGATORIES 2 RESPONSE TO INTERROGATORY N O .1 : 3 James Boyazis, Vice-President, Secretary of The Goodyear Tire 4 & Rubber Company. 5 RESPONSE TO INTERROGATORY N O .2 : 6 Mr. James Boyazis served in various posts throughout Goodyear `7 and its subsidiaries from 1983 to January 1, 1986, when he joined 8 the Goodyear legal department. On June 2, 1987, Mr. Boyazis became 9 the Vice President and Secretary of Goodyear, and remains in that 10 position to date. ` 11 RESPONSE TO INTERROGATORY NO... .3.: 12 Yes. 13 a. The Goodyear Tire & Rubber Company; 14 b. Ohio 15 c. August 2, 1898; 16 d. 1144 East Market Street, Akron, Ohio 44316. 17 e. Goodyear is certified to do business in California, however 18 the effective dates are unknown. 19 f. Wholly owned 20 g. Goodyear's registered agent in California is CT Corporation 21 System, 818 W. Seventh Street, Los Angeles, CA 90017: 22 RESPONSE TO INTERROGATORY NO. 4 : 23 NO. 24 RESPONSE TO INTERROGATORY NO, 5 : 25 Not Applicable. 26 RESPONSE TO INTERROGATORY N Q , 6.: 27 Not Applicable. 28 >r 4 OCMA\WORLDOX\H.\HOME''CL1NT\05 9\CCMPLE3C\DLW1i>WPD ?gpnwSK TO INTERROGATORY N O . .?: 2 Not Applicable. 3 EgpnNSK TO INTERROGATORY NO 8.= . 4 Not Applicable. 5 ESPONSE TO INTERROGATORY NO. ,,2 = 6 The Goodyear. Tire & Rubber Company no longer has an employee, 7 gent, manager, director or officer capable of acting as a 8 ustodian of Records for documents regarding asbestos containing 9 roducts. The documents defendant produces with its General Order LO 29 Interrogatories, responsive to interrogatory no. 41, were 11 ompiled during litigation. As to other documents, James Boyazis, 12 'ice President and Secretary of Goodyear. Defendant reserves the 13 ight to supplement or amend its response based on information 14 .nadvertently omitted/misstated or information learned m the IE future. ' 1 ?E!SPnNSK TO INTERROGATORY NO. IQ : r, a - c. To the extent that the interrogatory requests a if Person Most Knowledgeable, James Boyazis performed a reasonable and if liligent search and cannot identify a current employee, agent, 2( lirector, officer or manager with personal knowledge to act as a 2: Person Most Knowledgeable regarding asbestos containing products. 2: Defendant reserves the right to supplement or amend its response 2. based on information inadvertently omitted/misstated or information 2 aarned in the future. 2 J.RPONRR TO INTERROGATORY NO,.11: 2 industrial Hygienists.: Arthur Kelson, Robert Manning, H.W. 2 >*jnerney, r .w . Modrell, J .h . Holtshouser . Mbdl 1-- Directors . 2 onn, M.D., P .A . Davis, M.D., L.C. Hatch, C.A. Johnson, M.D. Dr : 1 5 _____________________ =d m a \ r l =o x \ k \ h C E \ - L i N T \ o s i s ' \ = r M P L E x \ E L w i 3 6 i " p c Espr-oi t o - . . d r f ;zi'TC^zL'- '.!*% Defendant reserves the right to supplement or amend its response 1 based on information inadvertently omitted/misstated or information 2 3 learned in the future. 4 pgRPONSE T Q ^ NXE,P^torY NO, JL2-: a. Asbestos IV, 95-C-8888; Cunningham v. Goodyear, Civil 5 Action #91-0097C; DiCarlo v. Goodyear, 96 ACM-2 Civil No. 95 1471 '6 04; Heinrich v. Goodyear, Case No. M80-1956; Shiro v. Goodyear, 7 8 Civil Action #CA3-85-0389-T. b. circuit Court of Kanawha County, W.V., U.s. Discnct 9 Court for the western District of NY; Circuit Court of the State of 10 Hawaii; U.S. District Court for the District of Maryland; U.S. 11 District Court for the Northern District of Texas (Dallas 12 13 Division.) 14 c. Dates unknown. 15 d. . Counsel's names unknown. 16 e. Court reporter unknown. Defendant reserves .the right to supplement or amend its 17 response based on information inadvertently omitted/misstated or 18 19 information learned in the future. Transcripts available upon request, at plaintiffs' cost. 20 21 ppqprvfir.gp TO INTERROGATORY NO. H - 22 a. No. 23 b. Yes (1925-1976! 24 c. No. 25 d. No. H AR0Y ERI CH B ROW N TSiZ 27 tSO N e. No. f . No. 28 g. N o . 30 G Street 2a Floor ersm ento CA 95814 one (916) 449-3*00 : (916) 449-3SS& -- luPCNsr TO , ! 1 h. NO. 2 i . Yes (1964 to 1974) . 3 j No. 4 k. N o . 5 1. NO. G m. No. 7 n . NO. 8 o . Yes (1954 to present). 9 P- No. 10 q- No. ' 11 r . No. ' 12 s . No. 13 t . No. 14 u . No. ' 15 V . None. 16 w . None. 17 Defendant rserves the right to supplement or amend its 18 respons e based on information inadvertently omitted/mi sstated or 19 information learned in the future. 20 r e s p o n s e TO INTERROGATORY NQ,,-.-11: 21 a. American Industrial Hygiene Assoc., 1925-1976; Industrial 22 Hygiene Foundation and/or Industrial Health Foundation, 1964-1974; 23 National Safety Council, 1954 to the present. 24 b. Defendant has done a reasonable and diligent search and 25 H ardy E R I C H 26 brown " S S Z I 27 v .SON Lr*CmT~*U" 28 lOOOG Street 2d Floor Sacramento. GA 9514 phone (916) 4-49-3SOO fa* (916) 449-3888 has no information to respond to this interrogatory question. c . Defendant has done a reasonable and diligent search and has no information to respond to this interrogatory question. 7 ,ODMA\WCkUDCX\H-\HCMEVCLXENT\C919\COMPLEX\DLWl WPD RESPONSE mo s>r r Defendant reserves the right to supplement or amend its response 1 based on information inadvertently omitted/misstated or information 2 3 learned in the future. 4 RESPONSE TO t n t k r r OGATQRY- NO, 15.i 5 No. 6 RESPONSE TO INTERRQSAIQEY NO, ,l: 7 No. 8 pggpnN.qE TO INTERROGATORY NO, 11 9 No. 10 r e s p o n s e TO INTERROGATORS NO ,v IB. Yes. Subscription to the Journal of Occupational Medicine, 11 12 with subscriptions going back to 1947. 13 a. 1947. b. Goodyear's Corporate Industrial Hygiene Department at 14 15 1144 East Market Street, Akron, Ohio 44316. 16 c. J. L. Holtshouser. ` _ Defendant reserves the right to supplement or amend its 17 response based on information inadvertently omitted/misstated or 18 19 information learned in the future. 20 RESPONSE "TO INTERROGATORY NQ..,-- 12.: 21 22 23 24 25 r~A~R D y R I C H 26 R OW N '"SSCI 27 .nftm^mUSCOwN** 28 XK) G Street 2d Floor tcram ento, CA 95314 tone (916) 449-3300 ix (916) 449-3888 Yes. a. Joint URW - Goodyear Occupational Health Committee, University of North Carolina, Chapel Hill, North Carolina. b. Report prepared December 1977; Lung Cancer Among Rubber Workers at The Goodyear Akron Plants, A Case Control Study. c. Goodyear Legal Department. Hardy Erich Brown & Wilson now has a copy of the report identified in (b) above. CDKAVWORLDOXNHAHCME'vCLIENTVO-.nCOMiL-W^LW-.iol.WPB REaPSNSS TO PL Defendant reserves the right to supplement or amend its 1 response based on information inadvertently omitted/misstated or 3 information learned in the future. Said document will be provided to plaintiffs' counsel upon 4 5 request at plaintiffs' cost. 6 pn.gpQNSTC T0.JMTBEEQS&lQE3Lm--afl: 7 No. 8 p-pSPOyfftP TO INTERROGATORY NQ_.-- 2JL: 9 Yes. a. Plant 2, Akron, Ohio, Asland, Ohio. ' ro b. Beginning in 1972. Dates of individualized tests are 11 unknown. Defendant conducted air monitoring tests and mandatory 12 medical surveillance program as required by OSHA regulations. 13 c. U n k n o w n . Defendant reserves the right to supplement or 14 amend its response based on information inadvertently 15 omitted/misstated or information learned in the future. 16 d. Without the actual data of said test, the plant and 17 department at which said test was taken, defendant cannot access 18 Laid documents. As to responses stated as -unknown" , defendant has 19 performed a reasonable and diligent search, however, is unable to 20 locate information responsive to the interrogatory. Defendant 21 reserves the right to supplement or amend its response based on 22 information inadvertently omitted/misstated or information learned 23 24 25 H ARDY E R IC H B R O W N 27 *. s o N Ur C*v**th* 28 0 0 G Street 2<i Floor cramento. CA 95814 one (916) 449-3800 1 (916) 449-3888 in the future. . e . unknown at this time. As to responses stated as -unknown" , defendant has performed a reasonable and diligent search, however, is unable to locate information responsive to the interrogatory. 0DMA\WCLrCX\H:\HOME\CLIEfiT\Or.5\lo(PltX)CLWlaM W?0 HESPZSI ( : 1 Defendant reserves the right to supplement or amend its 2 response based on information inadvertently omitted/misstated or 3 information learned in the future. 4 RESPONSE TO INTERROGATORY NO, 2 2 : ' 5 No. 6 RESPONSE TO INTERROGATORY NO. 2 3 : 7 NO. ' 8 RESPONSE TO INTERROGATORY NO. 24 : 9 Yes. In 1972, OSHA issued regulations relating to asbestos. 10 Thereafter, Goodyear conducted air monitoring tests at facilities 11 which used asbestos fibers and implemented a mandatory medical 12 surveillance program as was required by OSHA regulations. 13 a . Unknown. 14 b . Unknown. 15 c . Unknown. 16 d . Unknown. 17 As to responses stated as "unknown", defendant has performed 18 a reasonable and diligent search, however, is unable to locate 19 information responsive to the interrogatory. Defendant reserves 20 the right to supplement or amend its response based on information 21 inadvertently omitted/misstated or information learned in the 22 future. 23 RESPONSE TO INTERROGATORY NO. 2 5 - 24 Goodyear has no information of an asbestos related workers' 25 compensation claim prior to 1973. All known claims filed prior to 26 1973 were non-asbestos related claims. Defendant reserves the 2? right to supplement or amend its response based on information 28 10 :OLMMTORLDCX\rf:ViOME,'CLIENr\3?'J\JOHPLEXNDLWIBM WPD responds to 9^^rrV.^N T L5le 1 inadvertently omitted/misstated or information learned in the 2 future. 3 RESPONSE TO INTERROGATORY N Q . 26.: 4 Yes. Goodyear entered into contracts with various insurers to 5 cover both this company and all its subsidiaries effective on the 6 dates shown below. 7 a. l Hartford Accident & Indemnity Company; b. d.l July 1, 1940 to January 1, 1949; 8 c.l General liability coverage limits of $300,000 per person, $1,000,000 per occurrence for bodily 9 injury. 10 a. 2 Liberty Mutual Insurance Company; b.d.2 January 1, 1949 to January 1, 1953; 11 c. 2 General liability coverage limits of $300,000 per person, $1,000,000 per occurrence for bodily 12 injury. . 13 a. 3 Continental Casualty Company; b. d.3 January 1, 1953 to January 1, 1961; 14 c. 3 General liability coverage limits of $300,000 per person, $1,000,000 per occurrence for bodily 15 injury. 16 a. 4 The Aetna Casualty and Surety Company; b. d.4 January 1, 1961 to January 1, 1971; 17 c. 4 General liability coverage limits of $300,000 per person, $1,000,000 per occurrence for bodily 18 injury. 19 a. 5 The Travelers Indemnity Company; b. d.5 January 1. 1971 to January 1, 1977; 20 c. 5 General liability coverage limits of $300,000 per person, $1,000,000 per occurrence for bodily 21 injury. . 22 The principal place of business for each company is equally 23 available to plaintiffs, Defendant reserves the right to 24 supplement or amend its response based on information inadvertently 25 omitted/misstated or information learned in the future. 26 RESPONSE TO INTERROGATORY NO. 2 7 : 27 The Goodyear Tire and Rubber Company acquired or started the 28 following entities: 11 :ODMA\WOSCOX'.K:\H3,'1S\;i:DiT\091"\COm'^:X\DLw:3: WPD 1 a. - c. Goodyear Aerospace Corporation, 1210 Massillon Road, 2 Akron, Ohio, a manufacturer and seller of aircraft brakes 3 containing asbestos components from 1974 to 1984 and industrial 4 brakes with asbestos brake linings from 1979 to 1984. 5 Goodyear Canada, Inc., 10 Four Seasons Place, Etobicoke, 6 Ontario M98 602, a manufacturer 'and seller of asbestos gasket j 7 material from 1970 to 1973. 8 Motor Wheel Corporation, with principal offices at 1600 Larch 9 Street, and subsequently 4000 Collins Road, Lansing, Michigan, a 10 manufacturer and seller of electric brakes for trailers and mobile 11 homes which contained asbestos brake linings from 1964 to 1969. 12 Goodyear Aerospace Corporation was incorporated in the State 13 of Ohio on December 5, 1939. Goodyear Canada, Inc., was 14 incorporated in O n t a r i o C a n a d a on March 30, 1927. Motor Wheel 15 Corporation was incorporated in Michigan, date unknown: Defendant 16 reserves the right to supplement or amend its response based on 17 information inadvertently omitted/misstated or information learned 18 in the future. 19 RESPONSE TO INTERROGATORY NO. 28 : 20 a. No. 21 b. No. 22 c. No. 23 d. Yes, from 1914 - 1981. 24 e. Yes, from 1914 - 1981. 25 f. No. 26 g. No. _ 27 h. No. 28 i . No. : O D M A \ H O R L D C X \ H \ H O M E \ CL IE N T \ 0 | CCMPL..X\SLW. i 1 Ml! 12 1 pggpmfiR TH TKiTF,BROGATORY NQ-21: 2 a . Unknown 3 b. Not Applicable. 4 C . Not Applicable. 5 d. gee Answer to Interrogatory No. 31 below. 6 e . Unknown. 7 f . See Answer to Interrogatory No. 31 below. 8 g Unknown. ' . 9 h Not Applicable. 10 i Not Applicable. - As to responses stated as -unknown", defendant has performed 11 a reasonable and diligent search, however, is unable to locate 12 information responsive to the interrogatory. Defendant reserves 13 the right to supplement or amend its response based on information 14 inadvertently omitted/misstated or information learned in the 15 16 future. 17 PttSPDNSre TO INTERROGATORY NQ_,-- IQ: 18 a. Yes, from 1914 - 1981. 19 b. No. 20 c. Yes, from 1914 - 1981. . 21 d. Yes, from 1914 - 1981. 22 e. Yes, from 1914 - 1981. 23 f. Yes, from 1914 - 1981. 24 g. Yes, from 1914 - 1981. 25 H T Tr d y E R X C^i 26 27 28 1000 G Street 2d Floor Sacramento, CA 95614 phone (91 G) 449-3600 fax (916) 449-3888 h . No. As to responses stated as "unknown", defendant has performed a reasonable and diligent search, however, is unable to locate information responsive to the interrogatory. Defendant reserves 1 the right to supplement or amend its response based on information ,2 inadvertently omitted/misstated or information learned in the 3 future. 4 PTCSPnwSR TO INTERROGATORY NO. 3.1; _ 5 a. Asbestos gasket material 'known as "Goodyearite" or sold 6 to Durabla Manufacturing Co. 7 b. This material was first offered for sale in 1914; after 8 reasonable inquiry, Goodyear is unable to provide test or 9 experimental marketing dates. 10 c. If Goodyear marketed this material in the relevant 11 geographical area, it ceased marketing this material in 1969. 12 d. Approximately 80 percent chrysotile asbestos and 13 20 percent rubber compound. 14 e. Appearance of shiny gray, black, or white'cardboard. 15 Produced in sheets 1/64 to 1/4 inch thick and approximately 16 120 inches by 150 inches. . 17 f. Fabrication of gaskets in applications requiring 18 resistance to heat. The product was designed to be used m 19 temperatures up to 400 degrees Fahrenheit. 20 21 22 23 24 25 H A R DY E R I C H 26 BROWN ' . 27 V .SON lOOOGStreet2d Floor Sacramento, CA 95814 phone (9)6) 449-3800 fax (916) 449-3SS g. No. h. Goodyear is able to identify only the following asbestos suppliers: Lake Asbestos of Quebec, Ltd., P.0. Box 88, Black Lake, Quebec; Asbestos Corporation, Ltd., 1940 Sun Life Building, 1155 Metcalfe Street, Montreal, Quebec H5B 2x6; Johns-Manvilie Canada, Inc., 295 The West Mall, Etobicoke, Ontario M96 427; Bell Asbestos Mines, Inc., P.O. Box 99, Thetford Mines, Quebec G6G 5S4. i . Asbestos gasket material was sold directly to the gasket manufacturer. No sales of asbestos gasket material are known to .wEttA\WCSLDOX\4\HCME\CL1ENT\0919\COMPIXX\DLW131.'-PB 14 RESPONSE TO PLA! 1 have been made to .any gasket supplier or distributor, or any other 2 entity within the geographical scope of these interrogatories. 3 j . Defendant does not have possession or control of any 4 documents regarding asbestos containing products, other than the 5 documents attached to General Order 129 Interrogatories served on 6 plaintiffs on June 6, 1997, see Exhibit A and Response to number 7 41 . 8 As to responses stated as "unknown", defendant has performed 9 a reasonable and diligent search, however, is unable to locate 10 information responsive to the interrogatory. Defendant reserves 11 the right to supplement or amend its response based on information 12 inadvertently omitted/misstated or information learned in the 13 future. ' 14 15 a. Furnace door hose, sometimes referred to asbestos-covered 16 water hose. 17 b. This material was first offered for sale in 1959; after 18 reasonable inquiry, Goodyear is unable to provide test or 19 experimental marketing dates. . 20 c. If Goodyear marketed this material in the relevant 21 geographical area, it ceased marketing this material on May 24, 22 1976. ' 23 d. Ply of woven fabric of asbestos and cotton, not 24 manufactured by Goodyear and specific asbestos content unknown. 25 The fabric was imbedded as a part of the outer layer and at maximum 26 accounted for approximately 10 percent of the product weight. 27 Various specifications at the same time, subject to minor changes 28 until use of asbestos discontinued in 1976 and number of plies ___________________________ 15________________________________ CDMA\WQRLIX}X\ij *\ H O M E \ C L I E N T S 091 C O M P L E X \ D L K 1 3 M .W P U - - 5. rvfSfis i4X?S|?l>-i0 -`4 S F i I .1 varied anywhere from one to four, The bulk of the product was 2 rubber compound. 3 e. This hose was grey in appearance. Literature on a 4 subsequent hose without asbestos content with a similar.exterior 5 appearance is produced. See literature. 6 f. The hose was produced for a special application to 7 supplement the line of industrial hose offered by Goodyear. The 8 intended use of the product is indicated by the name and 9 description. Generally speaking, asbestos is used in a product to 10 resist exposure to friction or heat. The ply of woven fabric of 11 asbestos and cotton served as a heat shield allowing use of the 12 hose in applications where it would be subjected to external heat. 13 g. No. ' 14 h. Information and belief is the fabric was supplied by 15 Raybestos-Manhattan, 205 Middle St., Bridgeport, Conn. 06603. 16 i. Asbestos-containing hoses were sold through distributors, 17 of an unknown identity, and directly from Goodyear upon occasion. 18 The hose product would have been sold to distributors within the 19 geographical scope of these interrogatories, but the identities of 20 such other entities are unknown. 21 j . Defendant does not have possession or control of any 22 documents regarding asbestos containing products, other than the 23 documents attached to General Order 129 Interrogatories served on 24 plaintiffs on June 6, 1997, see Exhibit A and Response to number 25 41. 26 As to responses stated as "unknown", defendant has performed 27 a reasonable and diligent search, however, is unable to locate 28 information responsive to the interrogatory. Defendant reserves ::OEMA\WORLDOX\rt \hCM\CL1ENT\091 ?\CCMPLEX\DLWT6 I WPD 16 _______________________ / 1 the right to supplement or amend its response based on information 2 inadvertently omitted/misstated or information learned in the 3 future. 4 5 a. Steam hose, including pile driver hose. 6 b. This material was first offered for sale in 1931; after 7 reasonable inquiry, Goodyear is unable to provide test or 8 experimental marketing dates. 9 c. If Goodyear marketed this material in the relevant 10 geographical area, it ceased marketing this material on August 24, 11 1970 . 12 d. Braided. 9 cut 2 ply of yarn made of asbestos and rayon. 13 The ply accounted for approximately 3.78% of the product by weight, 14 3.156 lbs. of a total weight of 83.448 lbs. in 100 feet of hose. 15 The braided asbestos ply which was Commercial Raybestos-Manhattan 16 920 was encapsulated under a rubber compound outer layer. The bulk 17 of the hose was rubber compound. 1.8 e. The hose was produced for a special application to 19 supplement the line of industrial hose offered by Goodyear. 20 Goodyear hose was ordinarily marked Goodyear with Goodyear's winged 21 foot logo. Some such products may also have had the trademark 22 Flexsteel. 23 f. Use of the product is indicated by its name and 24 description. The ply served as a heat resistant wick. Steam hose 25 was designed to be used in temperatures up to 400 degrees 26 Fahrenheit. 27 g . No. 28 >r 4 h. Raybestos-Manhattan. . . O P M A \ W C R L D O X \ H \ H O M \ C L IENTN0 9 l9\C0M?LEX\D!,W19 1 .W?D 17 SPC5JSE T O ? L A i. Asbestos-containing hoses were sold through distributors, 1 of an unknown identity, and directly from Goodyear upon occasion. 2 The hose product would have been sold to distributors within the 3 geographical scope of these interrogatories, but the identitres of 4 5 other such entities are unknown. j. Defendant does not have possession or control of any 6 documents regarding asbestos containing products, other than the 7 documents attached to General Order 129 interrogatories served on 8 plaintiffs on June 6, 1997, see Exhibit A and Response to number 9 10 AB co responses stated as unknown" , defendant has performed 11 a reasonable and diligent search, however, is unable to locate 12 information responsive to the interrogatory. 13 Defendant reserves the right to supplement or amend its response based on information 14 inadvertently omitted/misstated or information learned in the 15 16 fu t u r e . 17 a. Conveyor belt with asbestos burn shield. 18 b. This product was first marketed before 1962; after 19 reasonable inquiry, Goodyear is unable to provide test or 20 21 22 23 24 25 H ARDy E R 1C H B R O W _N 27 V ..so N 28 i G Street 2d Floor amento, CA 95614 ie (916) 449-3&00 91S) 449-3688 experimental marketing dates. c. If Goodyear marketed this material in the relevant geographical area, it ceased marketing this material in 1962. d. The burn shield was manufactured for Goodyear by others and we are unable co determine Che asbestos content . The burn shield is estimated to have accounted for approximately 5t of the product's weight, specifications for the product have neither been identified nor found. 18 O C K A V W O a L C O X V J \ d O M E \ C L I E N T ! 99 19\C OMPI^X\C1.w. 861 WP5 1 e . See a. Goodyear belting was marked with Goodyear's winged 2 foot logo. 3 f . Used as a conveyor belt on conveyor systems in 4 applications requiring the belt carry hot materials or otherwise 5 resist friction and heat. 6 g. No. 7 h. Information and belief is the burn shield_supplier was 8 Raybestos-Manhattan, Inc. - 9 i. Asbestos-containing conveyor belting was sold through 10 distributors, of an unknown 'identity, and directly from Goodyear 11 upon occasion. The product would have been sold to distributors 12 within the geographical scope of these interrogatories, but the 13 identities of other such entities are unknown. 14 j _ Defendant does not have possession or control of any 15 documents regarding asbestos containing products, other than the 16 documents attached to General Order 129 Interrogatories served on 1`7 plaintiffs on June 6, 1997, see Exhibit A and Response to number 18 41. 19 As to responses stated as "unknown", defendant has performed 20 a reasonable and diligent search, however, is unable to locate 21 information responsive to the interrogatory. Defendant reserves 22 the right to supplement or amend its response based on information 23 inadvertently omitted/misstated or information learned in the 24 future. 25 26 a. Plio-Nail. 27 b. About 1970; after reasonable inquiry, Goodyear is unable 28 jr 4 ` to provide test or experimental' marketing dates. . :OD>*A\W; ,IENT\05'.9\COMPLEX'.DLHie61 .H P D 19______________________ - n t>t TP 1 c. If Goodyear marketed this material in the relevant 2 geographical area, it ceased marketing this material in 1981. 3 d. A styrene butadiene rubber resin mastic containing 30% 4 petroleum distillate and 1.3% chrysotile asbestos. 5 e. The product was a viscous material placed in caulk tubes 6 narked with the trademarks Plio-Nail, Pliobond and the Goodyear 7 ringed foot logo. Photographs are produced. 8 f. See e. Used as an adhesive in applications requiring 9 resistance to heat. 10 g. No. ' 11 h. Johns-Manvilie. 12 i. The identity of the distributor for this product is 13 :urrently unknown. However, one distributor existed nationally for 14 his product. The distributor repackaged the adhesive for sale. 15 j . Defendant does not have possession or control of any 16 .ocuments regarding asbestos containing products, other than the 17 ocuments attached to General Order 129 Interrogatories served on 18 laintiffs on June 6, 1997, see Exhibit A and Response to number 19 1. 20 As to responses stated as "unknown", defendant has performed 21 reasonable and diligent search, however, is unable to locate 22 nformation responsive to the interrogatory. Defendant reserves 23 he right to supplement or amend its response based on information 24 nadvertently omitted/misstated or information learned in the 25 26 27 a. Aircraft brakes. 28 ; C D M A \ W C R L C C X \ H ;\ H C M S \ C L I E N T \ 0? 15\ C O M P L E X \DLWl i W P D 20 > A J V isY X rx s > *Uye&k : o ; - l U P ( b 1939; after reasonable inquiry, Goodyear is unable to 1 2 provide test or experimental marketing dates. c. If Goodyear marketed this material in the relevant 3 4 geographical area, it ceased marketing this material m 1973. d. Aircraft brake linings were made with asbestos type 5 6 Chrysotile 7D. Percent of asbestos was 10% to 45% depending upon 7 the lining. This was combined with phenol-formaldehyde resin and 8 sometimes copper and dust to produce a solid molded and thermo 9 setting phenolite compound which contained no free asbestos. Other brake components such as insulators were purchased from others and 10 11 contained 50-76% asbestos in the same type of compound. There were 12 a number of different formulae at any one time and over the years. e. See a. Asbestos-containing aircraft and industrial brake 13 14 parts were shiny dark brown in color and had an appearance similar 15 to molded bakelite. They-were marked only with an ink stamped part 16 number. f. 17 installation and replacement of brake linings on 18 aircraft. . 19 g. No. h. See "brake linings". Insulators were purchased from a 20 21 great variety of producers over the years during which asbestos was 22 23 24 25 H ARDY E R IC H BVOW N (.so N A frMfcariU * C**r**tfc* 1000 G Street 2d Floor Sacramento, CA 95814 phone (916) 449-3S00 fax (916) 449-3888 in general use. i. Original brake components were sold directly to aircraft manufacturers by Goodyear. Replacement brake components were sold to the military and to airlines by distributors. Goodyear is unable to identify sales or distributors within the geographical scope of this interrogatory. .O D M A \ W O R L O O X \ H -\HOME\C!.IE>n\a9 1SXcOMP-Z.XNDLWl 3 5 i 21 1 j . Defendant does not have possession or control of any 2 documents regarding asbestos containing products, other than the 3 documents attached to General Order 129 Interrogatories served on 4 plaintiffs on June 6, 1997, see Exhibit A and Response to number 5 41. 6 As to responses stated as "unknown", defendant has performed 7 a reasonable and diligent search, however, is unable to locate 8 information responsive to the interrogatory. Defendant reserves 9 the right to supplement or amend its response based on information 10 inadvertently omitted/missta'ted or information learned m the 11 future. - 12 13 a. Industrial brakes for off-the-road hauler trucks, 14 loaders, shuttle cars, foundry transfer cars, lifters, mining cars 15 and industrial equipment, etc., i.e., non-over-the-road vehicles 16 and equipment. However, note that not all types of industrial 17 .brakes sold by Goodyear contained asbestos. 18 b. 1948; after reasonable inquiry, Goodyear is unable to 19 provide test or experimental marketing dates. 20 c. If Goodyear marketed this material in the relevant 21 geographical area, it ceased marketing this material in 1979. 22 d. See aircraft brake linings; however, a difference m 23 industrial brake linings is the asbestos content which- ranged from 24 25 H .\ R D Y E R IC H BROw N y LSO N a iff Crr-nOt 1000 G Street 2d Floor Sacramento. CA 95814 phone (916) 449-3800 fax (916) 449-3888 10% to 30%. e. See a. See aircraft brakes. f. Installation and replacement of brake linings. g. No. h. See the first 10.h. above. ____________ 22 3CXA\*CKLDJX\H:\HOMt:\Cl.:EN'T\091')\CCMPLEX\DLW1861 .PD 1 i. Brake components were sold directly to the industrial 2 equipment manufacturers by Goodyear. Replacement brake components 3 were thereafter sold to distributors, who cannot be identified. No 4 purchasers can be identified within the geographical scope of this 5 interrogatory. 6 j . Defendant does not have possession or control of any 7 documents regarding asbestos containing products, other than the 8 documents attached to General Order 129 Interrogatories served on 9 plaintiffs on June 6, 1997, see Exhibit A and Response to number 10 41. ' 11 As to responses stated as "unknown", defendant has performed 12 a reasonable and diligent search, however, is unable to locate 13 information responsive to the interrogatory. Defendant reserves 14 the right to supplement or amend its response based on information 15 inadvertently omitted/misstated or information learned in the 16 future. 17 18 a. Automobile brake linings.. 19 b. Goodyear never manufactured automobile brake linings, 20 thus, does not have personal knowledge of the date which automobile 21 brake lining manufacturers began their marketing. Goodyear only 22 provided a service, which included, use of said automobile brake 23 linings. Since before 1930, Goodyear has purchased vehicular brake 24 linings from brake manufacturers. Goodyear operated retail stores 25 provided a service, where said automobile brake linings were 26 installed into brakes as a part of a brake service. Goodyear did 27 not make said automobile brake linings available to other entities 28 or resell them to the public. . C C A V W C R L 3 O X \ H . \ H O M E \ C L I E N T \ 0 9 9 \ C O M P L :XNDLW18SI W P D 23 1 c. Goodyear continues to provide a brake service where it 2 replaces brake linings at its company-operated retail tire and 3 service stores and retail outlets. Goodyear believes said 4 automotive brake linings used in this service contain chrysotile, 5 however, is currently unaware of the exact contents of said brake 6 linings. Discovery continues. 7 d. Goodyear has never been the manufacturer of these brake 8 linings and cannot answer this interrogatory. . 9 e. The product is self-descriptive by identification. 10 f . Brake linings wefe and are used as a part of an 11 automobile brake service at Goodyear-operated retail tire and 12 service stores throughout the United States. 13 g. No. 14 h Prior to 1983, Goodyear purchased such automobile brake 15 linings centrally, directly from suppliers, primarily Raybestos and 16 Wagner. Since then, individual company stores operated by Goodyear 17 place their orders directly with the closest member of AAAD, which 18 distributes and supplies brake linings for virtually all domestic 19 brake manufacturers. Currently, the primary brands purchased are 20 the following: Wagner Brake, 21 Cooper Industries, ' 930 Roosevelt Parkway, 22 Chesterfield, MO 63701; . 23 ' Raybestos Brand, 11045 Gage Avenue, Franklin Park, IL 60131; 24 EIS Brake Division, Standard Motor Parts, 129 Worthington 25 H ARDY E R I C H 26 brown " X C Z 27 \ __ l S O N A Errfrw* L o C w w * - q Z O 1000 G Street 2d Floor Sacramento, CA 95814 phone (915) 449-3800 fax (916) 449-3888 Ridge, Berlin, CT 06037; Trust Brand,' AAAD, White Station Poplar Avenue, Memphis, TN 38157; : .cC W \ H G R L D C X \ a ;\ H O M E \ ^ : E m o 5 i ? \ C O N P l . E X \ i L ; B 6 1 . H P D 24 Tower, Suite 2020, 5050 1 Bendix Brand, Allied Automotive, 105 Pawtucket Avenue, East 2 Providence, RI 01916. 3 i . Unknown. 4 j . Defendant does not have possession or control of any 5 documents regarding asbestos containing products, other'than the 6 documents attached to General Order 129 Interrogatories served on 7 plaintiffs on June 6, 1997, see Exhibit A and Response to number 8 41. 9 As to responses stated as "unknown", defendant has performed 10 a reasonable and diligent search, however, is unable to locate 11 information responsive to the interrogatory. Defendant reserves 12 the right to supplement or amend its response based on information 13 inadvertently omitted/mrsstated or information learned in the 14 future. 15 16 a. Floor tile. ` 17 b. Heavy duty homogenous (HDH) - pre-1954 to 1975. 18 c. (1) See above. (2) Not Applicable. 19 d. 5% asbestos, 95% vinyl. 20 e. 9 x 9 ; 12 x 12; 6 foot rolls,- many colors and styles, but 21 usually mottled. Inscribed with the Goodyear Winged Foot logo. 22 f. Flooring, 23 g. No. 24 h. Lakes Asbestos of Quebec, Ltd. Asbestos Corp., Ltd. 25 John-Manville Canada. 26 i . Unknown. 27 j . Defendant does not have possession or control of any 28 documents regarding asbestos containing products, other than the .CDMA\WORLDOX\H.\HOMS\CL:ENT\0? rXCC.MPLEX'wLWldl .WPD 25 RESPONSE TO i J ^ | e ? E I ? i C C SA i 2 ^ & E a .v T 1 documents attached to General Order 129 Interrogatories served on 2 plaintiffs on June 6, 1997, see Exhibit A and response to number 3 41. 4 As to responses stated as "unknown", defendant has performed 5 a reasonable and diligent search, however, is unable to locate e information responsive to the interrogatory. Defendant reserves .7 the right to supplement or amend its response based on information 8 inadvertently omitted/misstated or information learned in the 9 future. . 10 RESPONSE TO INTERROGATORY NCd 32 : ' 11 Not Applicable. 12 RESPONSE TO INTERROGATORY NO. 33: 13 Not Applicable. 14 RESPONSE TO INTERROGATORY NO. 3 4 : 15 Yes. Goodyear entered into an exclusive distributor agreement 16 with WJ Rusco Company, Akron, OH, under which the latter repackaged 17 and distributed Plio-Nail adhesives, and other adhesives, for 18 Goodyear, from 1970 through 1981. As to other product lines, 19 unknown. ' 20 As to responses stated as "unknown", defendant has performed 21 a reasonable and diligent search, however, is unable to locate 22 information responsive to the interrogatory. Defendant reserves 23 the right to supplement or amend its response based on information 24 inadvertently omitted/misstated or information learned in the 25 future. 26 RESPONSE TO INTERROGATORY NO. 3 5 : 27 Yes. Goodyear entered into an exclusive distributor agreement 28 with WJ Rusco Company, Akron, OH, under which the latter repackaged t 2 6___________________________________ . CDHA\WGRLDOX\H;\HCME\CLIENT\0S i 9\CCM?LX\DLW10 61 WPD RE3PoetoP'jf&m " / 1 and distributed Plio-Nail adhesives, and other adhesives, for 2 Goodyear, from 1970 through 1981. 3 Goodyear entered into a non-disclosure agreement'with Durabla 4 Manufacturing Company, of Lionville, PA, under which Goodyear 5 received proprietary specifications from Durabla for the 6 manufacture of asbestos gasket material under the Durabla brand for 7 supply to Durabla exclusively from the 1913 through 1969. 8 For the ten year period from approximately 1965 to 1975, 9 Goodyear placed purchase orders with manufacturers for automotive 10 brake linings in boxes bearing the Goodyear brand. The brake 11 linings were distributed to Goodyear Company retail tire & 12 automotive service stores for brake replacement. These brake 13 linings were likewise available to independent dealers who were 14 authorized under contract to purchase Goodyear tires and other 15 Goodyear brands. . 16 Defendant reserves the right to supplement or amend its 17 response based on information inadvertently omitted/misstated or 18 information learned in the future. 19 RESPONSE TO INTERROGATORY NO. 3 6 : 20 For the ten year period from approximately 1965 to 1975, 21 Goodyear placed purchase orders with manufacturers for automotive 22 brake linings in boxes bearing the Goodyear brand. The brake 23 linings were distributed to Goodyear Company retail tire & 24 automotive service stores for brake replacement. These brake 25 linings were likewise available to independent dealers who were 26 authorized under contract to purchase Goodyear tires and other 27 Goodyear brands. ' 28 . C D M A \ U O S L C O X \ H \ K C H E \ r L I E N T \ C 9 1 5\.T0(<PLEX\DUI1 a 51 W P C 27 rJf&MF mss 1 Defendant reserves the right to supplement or amend its 2 response based on information inadvertently omitted/misstated or 3 information learned in the future. 4 RESPONSE TO INTERROGATORY NO. 3 7 - 5 Unknown. Defendant reserves the right to supplement or amend 6 its response based on information inadvertently omitted/misstated 7 or information learned in the future. 8 RESPONSE TO INTERROGATORY NO. 3 8 : _ 9 Yes, See Answer to Interrogatory No. 31, 10 Defendant reserves the right to supplement or amend its 11 response based on information inadvertently omitted/misstated or 12 information learned in the future. 13 RESPONSE TO INTERROGATORY NO. 39 - 14 Yes. 15 a. 1984. 16 b. The Goodyear Tire & Rubber Company purchased certain 17 remaining assets and liabilities in sale of assets to the Loral 18 Corporation. 19 c. Unknown. See also response to number 41. 20 d. The product line for aircraft brake as-semblies and 21 industrial brakes was sold to the Loral Corporation. ' 22 e. Goodyear Aerospace Corporation. 23 f . Unknown as to location of facilities. As for product, 24 aircraft brake assemblies and industrial brakes. 25 As to responses stated as "unknown", defendant has performed 26 a reasonable and diligent search, however, is unable to locate 27 information responsive to the interrogatory. Defendant reserves 28 the right to supplement or amend its response based on information ' 28 trMA\HO'<:,DOX\H:\hOME\CLIENT\0$1*\rOM*LtX\nLWl86'. WPD 1 inadvertently omitted/misstated or information learned in the 2 future. ' 3 4 a. 1970 to 1973. 5 b. Goodyear Tire & Rubber Company started or acquired the 6 entity Goodyear Canada, Inc., located at 10 Four Seasons Place, 7 Etobicoke, Ontario M98 602. 8 c. Unknown. See also response to interrogatory 41. 9 d. Gasket materials. 10 e . Unknown. ' 11 f. Unknown as to location of facilities. Asbestos 12 containing gasket materials. 13 As to responses stated as "unknown", defendant has performed 14 a reasonable and diligent search,, however, is unable to locate 15 information responsive to the interrogatory. Defendant reserves 16 the right to supplement or amend its response based on information 17 inadvertently omitted/misstated or information learned in the 18 future. 19 20 a. 1964 to 1969 21 b. The Goodyear Tire & Rubber Company started or acquired 22 the entity Motor Wheel Corporation, a manufacturer and seller of 23 electric brakes for trailers and mobile homes which, contained 24 asbestos brake linings. Motor Wheel Corporation's principal 25 offices were at 1600 Larch Street, and subsequently at 4000 Collins 26 Road' Lansing, Michigan. ' 27 c. Unknown. See also response to number 41. 28 - G D M A \ W O R L D C X \ H \ H C M E \ CUI E?rr\0 1 ?\CC.-iPLEX\DLW'.e 6 I VipD 29________________________________ RESPCM52 TO ? 5 1 d. Electric brakes for trailers and mobile homes which 2 contained asbestos brake linings. Discovery continues. 3 e . Unknown. 4 f. Unknown as to location of facilities. Electric brakes `5 for trailers and mobile homes which contained asbestos brake 6 linings. 7 As to responses stated as "unknown", defendant has performed 8 a reasonable and diligent search, however, is unable to locate 9 information responsive to the interrogatory. Defendant reserves 10 the right to supplement or amend its response based on information 11 inadvertently omitted/misstated or information learned in the 12 future. 13 BESPOWSE TO INTERROGATORY NO. 4 0 : 14 Yes. 15 a. 1974. 16 b. Transfer of aircraft brake assembly product line to 17 Goodyear Aerospace Corporation. 18 c. Unknown. See also response to number 41. 19 d. Aircraft and industrial brake assemblies. 20 e. Goodyear Aerospace Corporation. 21 f. Manufacturing facility at 1210 Massillon Road, Akron, 22 Ohio. Aircraft brake assemblies. 23 As to responses stated as "unknown", defendant has performed 24 a reasonable and diligent search, however, is unable to locate 25 information responsive to the interrogatory. Defendant reserves 26 the right to supplement or amend its response based on information 27 inadvertently omitted/misstated or information learned in the 2.8 future. OD X A \ W O R L D O X \ H . \KCMS\Cb: 5N~\0 * \? \ d O M ? L E X \ D L W l s i,\ W p D 30 1 2 a . 1979 . 3 b. Transfer of industrial brake product line to Goodyear 4 Aerospace Corporation. 5 c. Unknown. See also response to number 41. 6 d. Industrial brake assemblies. 7 e. Goodyear Aerospace Corporation. 8 f. Manufacturing facility at 1210 Massillon Road, Akron, 9 Ohio. Industrial brakes. LO As to responses stated as "unknown", defendant has performed 11 a reasonable and diligent search, however, is unable to locate 12 information responsive to the interrogatory. Defendant reserves 13 the right to supplement or amend its response based on information 14 inadvertently omitted/misstated or information learned in the 15 future. 16 17 a. 1970-1981. 18 b. Goodyear entered into an exclusive distributor agreement 19 with WJ Rusco Company, Akron, OH, under which the latter repackaged 20 and distributed Plio-Nail adhesives, and other adhesives, for 21 Goodyear. 2'2 c. Unknown. See also response to number 41. 23 d. Plio-Nail adhesives. Discovery continues. 24 e. WJ Rusco Company, Akron, OH. . 25 f. As to location, unknown. As to products, Plio-Nail 26 adhesives and other adhesives. 27 As to responses stated as "unknown", defendant has performed 28 a reasonable and diligent search, however, is unable to locate ..CCMA\WORLDCX\H*\HCWE\CLIENT\0915\CC'M?L*X\DLW1.il .WPD 31 ksposse ro p information responsive to the interrogatory. Defendant reserves the right to supplement or amend its response based on information inadvertently omitted/misstated or information learned in the 4 future. ' 5 6 a. 1913-1969. 7 b. Goodyear entered into a non-disclosure agreement with 8 Durable Manufacturing Company, of Lionville, PA; under which 9 Goodyear received proprietary specifications from Durabla for the 10 manufacture of asbestos gasket material under the Durabla brand for 11 supply to Durabla exclusively. 12 c. Unknown. See also response to number 41. 13 d. Asbestos gasket material under the Durabla brand, 14 e. Durabla Manufacturing Company, of Lionville, PA. 15 f. As to locatiori, unknown, discovery continues. As to 16 product, asbestos gasket material under the Durabla brand. 17 As to responses stated as "unknown", defendant has performed 18 a reasonable and diligent search, however, is unable to locate 19 ormation responsive to the interrogatory, Defendant reserves 20 the right to supplement or amend its response based on information 21 inadvertently omitted/misstated or information learned in the 22 future. 23 RESPONSE TO INTERROGATORY NO 4 1 24 Defendant identifies the same documents served in response to 25 this interrogatory in its Response to Plaintiffs' Standard 26 Interrogatories to All Defendants, Set No, One, served by Goodyear 27 on June 6, 1996, see Exhibit A. As to A-G, defendant responds 28 unknown, Defendant has no new documents responsive to this ,CCKA\HORiCOX\d:\HOME\a.lJrT\U9H\t.3MPLX\DLW18;i WPD 32 `UkBBSg ( 1 request. Defendant cannot further respond to this interrogatory, 2 as it obtained these documents by and through its attorneys during 3 general litigation. Other than the documents in Exhibit A, 4 defendant does not currently have documents regarding asbestos 5 containing products. Defendant also has no current employee, 6 agent, manager, officer, or director with personal knowledge to 7 respond to questions regarding said documents. 8 As to responses stated as "unknown", defendant has performed .9 a reasonable and diligent search, however, is unable to locate 10 information responsive to the interrogatory. Defendant reserves 11 the right to supplement or amend its response based on information 12 inadvertently omitted/misstated of information learned in the 13 future. 14 RESPONSE TO INTERROGATORY NO. 4 2 : 15 No. ' 16 RESPONSE TO INTERROGATORY NO. 4 3 : 17 Not Applicable. 18 RESPONSE TO INTERROGATORY NO. 4 4 : 19 Unknown as to when Goodyear was aware asbestos could be 20 hazardous to human health and under what circumstances the 21 information was derived. By December of 1977, Goodyear was aware 22 of studies concerning asbestos workers, textile workers and talc 23 workers with alleged excess risk for lung cancer and/or 24 mesothelioma, purportedly due to asbestos exposure. ' 25 As to responses stated as "unknown", defendant has performed 26 a reasonable and diligent search, however, is unable to locate 27 information responsive to the interrogatory. Defendant reserves 28 the right to supplement or amend its response based on information :5CMA'.WCRLDCXXH :\KCKE\CLENTV09;Q\C0MPLEX\DLW1 861 .WPD 33 RtSPGN3 TO ?LA' future omitted/misstated or information learned in the RESPONSE TO INTERROGATORY NO. 4 9 - The December 1977 date is derived from a report prepared for 'he Joint URW-Goodyear Occupational Health Corranittee-by Elizabeth )elzell, MSPH, Occupational Health Studies Group, Univrsity of forth Carolina, Chapel Hill, North Carolina. As for awareness that isbestos could be hazardous to human health and under what :ircumstances said information was derived; unknown. The December .977 report is available for^copying upon plaintiffs' request and it plaintiffs' cost. As to responses stated as "unknown", defendant has performed reasonable and diligent search, however, is unable to locate nformation responsive to the interrogatory. Defendant reserves 15 he right to supplement or amend its response based on information 16 nadvertently omitted/misstated or information learned in the 17 uture. . 18 EQN$E TO INTERROGATORY NO 19 The December 1977 date is derived from a report prepared for 20 he Joint URW-Goodyear Occupational Health Committee by Elizabeth 21 slzell, MSPH, Occupational Health Studies Group, University of 22 3rth Carolina, Chapel Hill, North Carolina. As for awareness that 23 sbestos could be hazardous to human health and under what 24 .rcumstances said information was derived; unknown. The December 25 >77 report is available upon plaintiffs' request and at 26 .aintiffs' cost. ' 27 As to responses stated as "unknown", defendant has performed 28 reasonable and diligent search, however, is unable to locate _______ MA\WOSLDCX\'4 \KOME\CLIEMT\09J9\COM?LCX\OLW1851 WPE 34 1 information responsive to the interrogatory, Defendant reserves 2 the right to supplement or amend its response based on information 3 inadvertently omitted/misstated or information learned in the 4 future. 5 SggPQNSE TO INTERROGATORY MD 4 -7 . 6 Unknown. As to responses stated as "unknown", defendant has 7 performed a reasonable and diligent search, however, is unable to .8 ocate information responsive to the interrogatory. Defendant 9 -serves the right to supplement or amend its response based ol 10 information inadvertently omitted/misstated or information learned 11 in the future. . ` 12 E m g & J E X _ INTERRQOATORv wn yo . 13 Unknown. As to responses stated as "unknown", defendant has 14 performed a reasonable and diligent search, however, is unable to 15 locate information responsive to the interrogatory. Defendant 16 reserves the right to supplement or amend its response based on 17 information inadvertently omitted/misstated or information learned 18 in the future. 19 R E S P O N D TO INTERROGATORY m o 4 0 . 20 21 22 23 24 25 H ARDY `H R I C H BROW N `Si 27 LSO N 28 1000 G Street 2d Floor Sacramento, CA 95814 phone (916) 449-3SOO fut (91S) 449-388 Unknown. As to responses stated as "unknown", defendant has performed a reasonable and diligent search, however, is unable to locate information responsive to the interrogatory. Defendant reserves the right to supplement or amend its response -based on information inadvertently omitted/misstated or information learned in the future. =DWW0,<:.0C.v.\h .V t O ^ \ c L - N T \ o 5 t 35 36 . .,,PD f ( No. Defendant reserves the right to supplement or amend its response based on information inadvertently omitted/misstated or information learned in the future. I RESPONSE TO INTERROGATORY NO. 61- . i No. Defendant reserves the right to supplement or amend its response based on information inadvertently omitted/misstated or s information learned in the future. c RESPONSE TO INTERROGATORY NO. 52- 1C No. Defendant reserves-the right to supplement or amend its 11 response based on information inadvertently omitted/misstated or 12 information learned in the future. 13 RESPONSE TO INTERROGATORY NO. 53 - 14 No. Defendant reserves the right to supplement or amend its 15 response based on information inadvertently omitted/misstated or 16 information learned in the future. 17 18 19 20 21 22 23 24 25 26 27 28 O D X A Y W CRD D O JC\H .\40N E'>CLIEN T\0 7 1 5 \C O M PLEX \D Lil 6 M .VPD 36 *sssS to mjcsm ELBE C O M P L E X ASBESTOS I.ITTflttotv PROOF OF SERVICE CODE OF CIVIL PROCEDURE SECTIONS 1013, SUBDIVISION (a) AND 2015 5 thp ao A n CltZen f 6 United StateS 311(1301 emPloyed in the County o f Sacramento I am over Sacramento! California*958 L Party ` " CaUM; my business address * 1000 G Street, <S S dep0Sltedwi,h lheu"iKd s*a- 2 K PLA!NTOFASP.1 t a N D A ^ TOTM ^ F ~ ^ SSPT E T i: ealelc.pe by'. by PlaC'nS for coUectlon' Process " d dePosit " W thereof enclosed n a seled i; 12 X United States mail by placing such envelope(s) in the designated area.for collection and process of 14 outgoing mail in accordance with this office's practice, whereby the mail is deposited in a 15 United States mailbox, postage fully paid thereon, in the City o f Sacramento, California, 16 that same day in the ordinary course o f business. 17 18 to the parties addressed as follows: Air express courier, E-File and serve via LawPlus Facsimile Personal Service 19 SEE A T T A C H E D SERVICE LIST 20 . 1 d^clare under Penalty o f perjury under the laws o f the State o f California that the fore^oum C alifornia C 21 Md that thlS declaratl0n was executed on April 26, 1999, at Sacramento! 22 Dorothy L. Williams f nr 23 24 25 26 27 28 .OMAXWs.'SLX-'CNH \ttCKt\CLl EST\91\C>1?LEX\D^W: 3 i rfFJ 7______ RS4P0MS tu e t S f f f F J^ f M c W A i 1 IN RE; COMPLEX ASBESTOS LITIGATION 2 PLAINTIFFS' COUNSEL SERVICE LIST 3 Bruce L. Ahnfeldt, Esq. P.O. Box 6078 4 Napa, CA 94581 Law Offices of Christopher E. Grell 685 Market Street, Ste. 540 San Francisco, CA 94105 5 Law Offices of Arthur Paul Berg 1635 Wabasso Way 6 Glendale, CA 91208 Harrison & DeGarmo 1 Daniel Burnham C t ., Ste. 220C San Francisco, CA 94109 7 Louis M. Bernstein Attorney at Law 8 One Kaiser Plaza,. Ste. 601 Oakland, CA 94612 Herron & Herron 600 Montgomery St., 33rd Fl. San Francisco, CA 94111 9 Brayton, Purcell, et al. 10 P.O. Box 2109 Novato, CA 94948 Huster & Schneider P.O. Box 591447 San Francisco, CA 94159-1447 11 Law Offices of Patrick Burns 12 801 N. Parkcenter Dr., Ste. 237 Santa Ana, CA 92705 Kazan, McClain, et al. 171 Twelfth Street, Ste. 300 Oakland, CA 94607 13 Campagnoli Adelson & Campagnoli. Littler Mendelson 14 120 Montgomery St., Ste. 1100 650 California, 20ch F l . San Francisco, CA 94104-4314 San Francisco, CA 9418 15 Cartwright Bokelman, et al. 16 222 Front St., 5ch F l . San Francisco, CA 94111 Law Offices of Jerry N. Paul 16830 Ventura Blvd., Ste. 500 Encino, CA 91436 - 17 Law Offices of Jack K. Clapper 18 Marina Office Plaza 2330 Marinship Way, Ste. 140 Law Offices of John C. Robinson 855 Channing Circle Benicia, CA 94510 19 Sausalito, CA 94965 Samaha Grogin & Stulberg LLP 20 Cornell Lange & Peters 180 Montgomery St., Ste. 2000 911 E. Colorado Blvd., 3rd Fl. Pasadena, CA 91106-1700 21 San Francisco, CA 94104-4203 Law Offices of Ronald J. Shingler 22 Cotkin Collins & Franscell 200 W. Santa Ana, Ste. 800 1011 A Street Antioch, CA 94509 23 Santa Ana, CA 92701 Law Offices of John M. Thomas 24 Davis Sc Thomas 1999 Avenue of the Stars 550 Hamilton Ave., Ste. 300 Palo Alto, CA 94301 25 Ste. 2310 Los Angeles, CA 90067 26 Law Offices of Abraham A. Law Office of Cascino Vaughn 633 W. Wisconsin Ave./ Ste. 330 Milwaukee, WI 53203 27 Flores 507 Polk St., Ste. 330 28 San Francisco, CA 94102 Visse Sc Yanez One Daniel Burnham C t ., #220C San Francisco, CA 94109 38 Wartnick, Chaber, et al. 101 California Street, 22nd Fl San Francisco, CA 94111 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39 VERIFICATION STATE OF OHIO COUNTY OF SUMMIT I, JAMES BOYAZIS, solemnly affirm under penalties of perjury that I am Vice President &. Secretary of The Goodyear Tire & Rubber Company and I verify the foregoing Answers to Interrogatories on its behalf; that the matters stated therein are not within my personal knowledge; that the facts stated therein have been assembled by authorized employees and counsel of The Goodyear Tire &. Rubber Company, and I am informed that the facts stated therein are true. Executed on { A qh 1999 at Akron, Ohio. My Commission Expires: