Document 10oE9Ey9B6mw5nRLqeZknbJbX
FILE NAME Talc TALC DATE 1973 Apr 4
DOC TALC303
DOCUMENT DESCRIPTION Legal - DuPont answers to interrogatories relating information about the product tested Line Preparakote
sem
...
......
... ae
aye te apeT
y
am ien
ere
wat SKA bot
one
TP
E. BU PORT DE NEMOURS & COMPANY
T
FABRIC & FINISHCE OCTARTHENT OCTARTHENT
.
?
CC
R. S. Diem Mar. Lob ..
E. E. SWAIN R. 2373
MIMINGTON
Manhell & Laboratory
April 4 1973
.
LINE PREPARAKOTPREPEARAKOTSES PREPARAKOTES
SANDING DUST
Attached is a summary of the experiments I performed to determine the amo of airborne asbestos in sanding dust from 65 Line Preparare
The level in general is within 1976 OSHA standards for asbestes 2 fibers
longer than 5 microns - time weighted average Unanswered still are
* The amount of encapsulated subastos in the respirable dust * The effect of the encapsulated asbestos on the lung tissus
do
not
know how to
determine
the amount
encapsulated -
one
=<
guess
would put the
maxim
at the proportion of tole and asbestos in the point salids However the amount is going to
Tess than that since we do not count fibers less than 5 microns in length and a significani part
of the respirable dust would be less than 5 microns in diameter
If we can be of further help please contact me
TJN jp 4/4/73
ATTACH
PROCESS CHEMISTRY SECTION
MANUFACTURING SUPPORT GROUP
aA
a ow
nss
NELSON PET,
;
THOMAS J. NELSON
TAK evane Sere Free 4 ME
OUP 06465
116988
~d/
SUMMARY SANDING SAMPLES
( - Token ot refinish training conter while operator sanding fender
Asbasies - 2.3 fibers 7 fiber Beldi
82 Yoken while sanding panels laying flat on bench top Filter was 6 inches
to the side and 2 inches up from bench 80 of dat particles flowed below
Asbestos - 1.6 Fiber 2 Fiben fields
|
f3 - Token while sanding on bench top Filter 3-4 inches above sender
Asbestos - 3.2 Fibers 3 fiber 50 fields
NOTE 1976 OSHA limit is 2 fiber in sample F1 - 6 hours sending ot
Ait level would meet the 2 fiber limit and 3 - Shoom Semple 3 was probably highter in dust than operator would receive since the somple wei close to cource In both eases - sending for longer than 5 hours would be
unlikely in a refinish shop
ee
Sitealte
mh
Renee
steer
mine
Lenmene
etme
Peak
4
senmenaargtiptue
0
But 00465
116989
He
ete
aero Sare) e Pew
om
Vite
to
Ft:
18
erikgame om hv
pm
pre oeeeet ee
het
ery
~
eee
ae core we
GLYNN & FINLEY LLP
2
ANDREW T. MORTL Bar No. 177876
RUTA PASKEVI~ IUSBar No. 127784
One Walnut Creek Center
3 100 Pringle Avenue Suite 500 Walnut Creek CA 94596
Telephone 925 210-2800
4 Facsimile 925 945-1975
Attorneys for defendant
B. I. du Pont de Nemours and Company
6
; .
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
32545511a
32545511
Aug 2010
2:10
10
12
IN RE COMPLEX ASBESTOS LITIGATION
*
Case No. 828684
E.I. DU PONT DE NEMOURS AND
COMPANY'S SUPPLEMENTAL
RESPONSES TO STANDARD
) ee
INTERROGATORIES TO
INTERROGATORIES
INTERROOGATRORDIEESRP1U2R9SUANT
ane
net
Se
* made PREFACE ... General Order 129 provides that responses are to be without objection BY
* excepfotr the assortion of a claim ofprivilego This shall not be construed as a waiver of any
eR
objection which would be applicable to any interrogatory We reserve the right to make any and
Te
Q all such objections at trial or in any other proceeding DuPont specifically objects to the oxtont ne the interrogatories are vague and ambiguous and call for information protected the attorneyee client product or trade secret privilege E. I. Du Pont de Nemours and Company responds
to this discovery with respect to itself and not with respect to any onlities which may be legally
separate and distinct The following responses are being provided in connection with.a meet and
confer agreement with plaintiffs counsel to provide information in response to Interrogatory No
31 regarding automotive refinishing products with respect to the 1952-1984 time period
1
DUPONT'S DUPONT'S SUPPLEMENTAL RESPONSES TO GENDRAL ORDER 129 INTERROGATORIES
= Defendant's review of its files and records is continuing as is discovery Defendant reserves the
2 right but undertakes no duty to make changes in its responses or to present new and additional 3 information at trial or any other proceeding Notwithstanding and without waiving any
4 objections defendant responds
5 Interrogatory No. 31 .
6
If your answer to any subpart of Interrogatory No. 31 regarding ASBESTOS-
7 CONTAINING PRODUCTS is in the affirmative state
'
A The trade brand name and generic name each such ASBESTOS-
2
CONTAINING PRODUCT MARKETED in any form or quantity between 1930
110 0
and 1985
;
The date each such CONTAINING PRODUCT was first placed
on the market including the date each such CONTAINING
PRODUCT was first MARKETED
RE 1 On anexperimental basis
SER
2
On a tost basis or
pa
nt
takes
3
For sale
The date each such CONTAINING PRODUCT
;
1
Coased to be produced or
2
Was recalled from the market if ever
A detailed description the chemical composition of each such ASBESTOS
CONTAINING PRODUCT including the type and grade of asbestos and
asbestos fiber contained in each such product and the quantitative percentage of
asbestos or asbestos fiber in cach such product and all nonasbestos.components
of the CONTAINING PRODUCT and if the chemical composition
epe
nee
one meme
eanre are
eanmis
en
ee pam
an
fA
changed over time the inclusive dates each formulation
CRN 45 B. A description of the physical appearance and nature of each such ASBESTOSCONTAINING PRODUCT including any culor coding distinctive marking
TY
and logo cither on the product or on the packaging
-2DUPONT'S SUPPLEMENTAL RESPONSES TO GENERAL ORDER 129 INTERROGATORIES INTERROGATORIES
we
1
F. A detailed description ofthe intended use of each such ASBESTOS-
2
CONTAINING PRODUCT including any temporature limits for each such use
3
Whether any such CONTAINING PRODUCT was on the U.S.
Government's Qualified Products List and so the inclusive dates was an
S
such list
6
The name and address of the supplier of the RAW ASBESTOS used in each such
7
product and the time period of such supply
8
1
Whether any of THIS DEFENDANTS RAW ASBESTOS OR ASBESTOS-
9
CONTAINING PRODUCTS have at any time been sold shipped or otherwise
10 refinery 10
distributed to any COMPANY including power company or utility
11
governmental agency or entity shipyard distributor
contractor supplier
manufacturer PREMISE owner or occupant ship owner or other PREMISE or
13
If AREA 13
site in the GEOGRAPHIC
so state
.
1 The names of each such COMPANY governmental agency ar entity
15
shipyard distributor supplier manufacturer tefinery contractor ,.
16
PREMISE owner or occupant ship owner PREMISE or site
13 2
The inclusive dates of each such sale shipment distribution use or
18
Installation and the amount volume and the trade or brand of each
19
such CONTAINING PRODUCT sold
3
Whether you have any records indicating any such sale shipment
3
distribution uso or installation and so the name address and job
2
classification of each person who currently has possession of such records
23
Either I attach all DOCUMENTS evidencing the information sought in this
2
Interrogatory and its subparts to your answers to these Interrogatories or 2 attach
3
disks containing such data or 3 describe sach DOCUMENTS with sufficient
N particularity that they may be made the subject of a requost for production of
N
documents
ens
na ente
ae
neitrb 28
-3-
Aectep
DUPONT'S SUPPLEMENTAL RESPONSES TO GENERAL ORDER 129 INTERROGATORIES
4
ratetee eemere
te
&
orto
tane
Rnreewe WA 4
1
Defendant incorporates herein the above Preface Without waiving any objections based
2 on current investigation regarding automotive refmish products from 1952 to 1984 and
3 responding as to all of DuPont
A
DuPont's DuPont's investigation to date indicates that its automotive refinish products did
S
not contain asbestos as an ingredient Available documents DUP 0903179- 0903179-
6
0903180 and DUP 0903196) indicate however that in April 1973 when
7
sanded the primor product imown as Lino Proparakote released dust which
g
may have contained a trace amount of asbestos fiber present as a naturally
9
occurring contaminant of the talc contained in the product DuPont has not
Jocated any information that its Preparakote primer product released asbestos fiber al any other time in its existence or in any other formulation Discovery is
continuing
The Preparakoto line was first marketod in 1938. DuPont ourrently has no
information regarding when 65 Jino Preparakole was first marketed Discovery
is continuing
DuPont currently has no information regarding the formulation of the Line
Preparakote that was tested in April 1973 the results ofwhich are described in
the documents referenced in.subpart in.subpart A above Preparakote primers continued
be manufactured throughout the time period at issue Discovery is continuing
eat
With respect to the Preparaitote product tested and referenced in subpart A
mens above DuPont currently has not located any information of the type requested by
this subparDt other than information that is provided by the referenced
mem
documenTthse Preparakote line was generally a synthetic type line of primer-
enter
Pm
surfacers Discovery is continuing
Preparakote was generally a synthetic type line of surfacer available in
quart and gallon cans bearing the DuPont name and trademark Line
Preparakote may also have been sold in dip tanks For at least some portion of
the time and for at least some Preparakote products the product was red
DUPONTE SUPPLEMENTAL
4 RESPONSES TO GENERAL ORDER 129 INTREROGATORIES
td
er re tes
CS a ore
tens ne
OF
en tment senerme
2 3 4 5 6 7 8 9
11
13
a
14
18
25 III III 011
272828 !!!!
colored DuPont does not currently have information as to whether
this was true regarding Line Propurakote and whether this was time during the
entire relevant period DuPont currently has no other information regarding the physical appearance of this product during the relevant time period Discovery is
continuing The Preparafcote line was generally a synthetic type line of primer surfacer for
use under Lucite and Dulux finishes for finishing and refinishing automobiles
and commercial vehicles DuPont has not been able to locate information
regarding temperature limits for this line Discovery is continuing To DuPont's knowledge Line Proparakote was not on U.S Government's Qualified Products List
DuPont did not purchase RAW ASEBSTOfoSr use in Line Preparakote und
therefore this interrogatory is not applicable DuPont does not have information responsive to this interrogatory regarding 65Line Preparskote during 1973 or during the relevant time period DuPont does not have information responsive to this interrogatory regarding the Preparakote line generally during the relevant tune period Line Preparakole was presumably sold shipped or otherwise distributed aspart ofDuPont's
automotive refinishing products to various distributors but DuPont does not have
any sales records from the relevant time period Documents regarding Line Preparakote have been produced as part of
DuPont's corporate collection of documents as DUP 0903179-0903180 0903179-0903180 4/4/73
memo from Thomas Nelson to E.E. Swain Jr. and DUP 0903196 0903196 meme from
E.E. Swain to J.A. Zapp Jr. Discovery is continuing
-5DUPONT'S SUPPLEMENTAL RESPONSES TO GENAL ORDER 129 INTERROGATORIES
ge
enr feernce
ne
ce
cere
Bim
+
e
e
ee
et
eee re
ee
Dated 6 August 2010
GLYNN & FINLEY LLF
ANDREW T. MORTL RUTA PASKEVICIUS
JON ELDREDGE
One Walnut Creek Center 100 Pringlo Avenue Suite 500
Walnut Creek CA 94596
By Ducta Paskevicius
Attomeys for defendant B. 1. du Pont de Nemours and Company
ioe
Ppa
17 18
20 21 22
24
27
ay
om
28
-6-
SUPPLDUPONTS E SUR PPELENRETNA TALL RESPONSES TO GENERAL ORDER ORDER 129 INTRARIOINTRGARIOGATAUES INTTRTARIUOGAETTUSES
Pa
Any
ot
trem
2
wes
GLYNN & FINLEY LLF
ANDREW T. MORTL Bar No. 177876 RUTA PASKEVICIUS Bar No. 127784
One Walnut Creek Center 100 Pringle Aronus Suite 500
Walnut Creek CA 94596 . Telephone 915 210-2800 Facsimile 925 945-1975
Attorneys for defendant E. du Pont de Nemours and Company
SUPERIOR COURTT HE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
RE COMPLEX ASBESTOS LITIGATION
Sra?
EL DUPONT DE NEMOURS
Mena
COMPANY'S SUPPLEMENTAL
Marae
RESPONSES TO STANDARD
Sey
INTERROGATORIES PURSUANT
eet?
TO GENERAL ORDER 129
Sar
ace
Ra
STATE OF DELAWARE
)
.
>
COUNTY OF NEW CASTLE
Bs
Downed P. McAving McAving beroby certify the following
1 am Assistant Secretary ofB. du Pont de Nemotus andCompany a corporation
2 am authorized to execute this verification on behalf ofE I. du Pont de Nemours
*
and Company
3 that the faots stated in the foregoing Defendant B. I du Pont de Nemours and .
Company's Supplemental Responses to Standard Interrogatories Pursuant to General Order 129 have been assembled by authorized employees and the attorneys of I du Pont de Nemours and Company
red
ae
4 that ocrtain of the matters stated therein are not of iny personal knowledge and
5 flat I am informeandd varify that the facts stated therein are type and correct to the
best of my information and belief
,
I declare under penalty of perjury that the foregoing is truo and conect
E. I DU PONT DE NEMOURS AND COMPANY
Sworn and subscribed to before me
August this 6th day of
2010
o
23333
233
Notary Publio in and for the State ofDelaware
MARIE S. MANUEL NOTARY PUBLIC STATE OF DELAWARE My commission expiras Feb. 7 2012
te:
eh
enwrs
urea
ree
wee
oe
e
rte
ne
manent
eNO
fc
aon.
tee
se
pane
88
Nitec
een
tenn
net
cinmaes
Pv
fe,
TPE ter NT eeetr Ren nne es one renee TF
Docket No. 828684
PROOF OF SERVICE BY ELECTRONIC TRANSMISSION
3
T Beverly Carter the undersigned declare
/,,
oe
1
um and was at the time of service of the documents herein referred to
over the age of 18 years and not a party to the action
5
2
Ian employed in the County of Contra Costa California
7
3 . My business addressis One Walnut Creek Center 100 Pringle Avenue
8 Suite 500 Walaut Creek CA 94596
9
4
On the date executed below I olectronically served the document via
10 LexisNexis File & Serve described us
if
if
a
1313 PURSUANT QENERAL ORORDERDEORDERR 12 on the recipients doslguated on the Transaction Receipt located on the LexisNexis & SerSv ere ve
14 website
1515
I declare under penalty of perjury pursuant the laws of the State of California
16 16 that the foregoing is true and correct Executed on this Sith day of August 2010 al Walnut
Creek California -
Beverly Carter
trams
24 25 26 27
28
-1- -1-
PROOF OF SERVICE BY ELECTRONIC TRANSMISSION