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