Document 1qzkEa8D31Y12bGL5j4v05Ej

PLAINTIFFS EXHIBIT AB-215 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK IN RE: NORTHERN DISTRICT ASBESTOS LITIGATION This Document Applies to All Cases NDAL RESPONSES TO PLAINTIFFS' FIRST STANDARD SET OF LIABILITY INTERROGATORIES The defendant, Eagle-Picher Industries, Inc., by its attorneys, BOUVIER, O'CONNOR, as and for their responses to plaintiffs' Interrogatories, incorporates this Preliminary Statement and General Objections: PRELIMINARY STATEMENT AND GENERAL OBJECTIONS Information provided herein, except where indicated for Eagle-Picher, is with respect only to the Fibers Department of the Chemicals and Fibers Division of Eagle-Picher Industries, Inc. ("Eagle-Picher"), which department was sold on December 31, 1982, and which is hereinafter referred to as the "Company", since it is the only unit of defendant which ever produced or sold industrial insulation with which the plaintiffs may have come into contact. 1. Eagle-Picher objects to Plaintiffs' First Standard Set of Liability Interrogatories and Document Requests because they are overly broad, unduly burdensome and oppressive, because 1 The Company set no specific policy with regard only to the manufacture and/or sale of its asbestos-containing insulation products. However, the General Manager was ultimately responsible for the policies of the Company. The following were General Managers of the Company: Thurman C. Carter, Deceased Clyde B. Lynde, Deceased (1928-1948) (1948-1949) Glen J. Christner (1950-1961) Harold F. Nunn, Deceased (1961-1964) Jefferson W. Hudson Robert L. Bockstahler (1964-1971) (1971-11/1981) Defendant objects to the remainder of this interrogatory for it is overly broad and unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. Q9. Have you or any of your predecessors or subsidiaries ever mined, manufactured, designed, supplied, processed, refined, sold and/or distributed asbestos or asbestos-containing products? If so, for each such product, complete an "Asbestos Product Information Sheet" (Attachment No. 1). ANSWER to Q9. Eagle-Picher never mined asbestos. The Company formerly manufactured and sold asbestos-containing insulation products. .Attachment I is herein incorporated by reference. 9 766,185 Hylo March 10, 1964 773,931 One-Cote* July 28, 1964, cancelled 1970 836,968 Hi-Stick October 17, 1967, abandoned 1972 In addition, the Company had trademarks for four experimental products which were not marketed successfully. * Used on packages of asbestos-containing insulation products and non-asbestos-containing insulation products. (e-f) (Asbestos content and type of asbestos) According to the Company's annual cost of production accounting records, the approximate asbestos content of the insulation products formerly manufactured by the Company was as follows: Product CEMENTS: Approx. Asbestos Content (by we ight) Percentage Super "66" Insulating Cement "43" Finishing Cement 8.8 to 12.0 8.5 to 10.0 4.0 to 4.4 3.5 to 3.6 (1930-1934) (1935-1963) (1964-1968) (1969-8/1971) 73.0 to 76.3 (1944-1971) 75.7 (1 and 4/1972) "Fireproofing" Cement One-Cote Finishing Cement 3.5 to 3.6 (1948-1960) 2.8 to 3.1 (1961-1965) 4.8 to 2.8 to 3.3 (1960) 6.3 (1961-1967) 3.2 (1968-9/1971) 12 Hylo Finishing Cement Hi-Stick Insulating Cement "33" Insulating Cement "99" Finishing Cement "106" Finishing Cement "111" Finishing Cement "330" Insulating Cement "1003" Finishing Cement Navy Grade Cement Navy Special Cement MASTICS: Insulseal Insulseal-All purpose Insulstic-Towel Grade Insulstic-Brush Grade Swetchek BLOCK: Vercel Block DE 85 Block DE 95 Block 4.8 to 5.5 (1963-1967) 2.7 to 6.9 (1968-9/1971) 4.3 to 6.3 (1964-1969) 7.8 to 10.8 (1935-1944) 13.8 to 14.7 (1945-1949) 72.2 to 82.6 (1935-1962) 25.2 to 28.5 (1948-1962) 2.1 to 3.7 (1935-1966) 8.9 to 10.0 (1939-1940) (1942*1945) 4.7 (1947 only) 14.6 to 16.2 (1955-1956) 8.3 to 8.8 (1958-1959) 11.9 (1945 only) 16.8 to 20.8 (1935-1968) 6.0 to 6.9 (1968-1969) 12.5 to 16.0 (1939-1962) 7.1 to 16.4 (1942-1953) 7.5 to 13.5 (1957-1959) 1.6 to 11.3 (1945-1947) 1.5 to 1.9 (1948-1961) 4.1 to 7.5 (1937-1944) 4.2 to 10.3 (1947-1953) 9.7 (1949) 4.0 to 9.1 (1950-1953) 13 Supertemp Block* 1.0 to 4.0 (1938-1940) 0.3 to 1.6 (1941-1945) The Company used only chrysotile asbestos in asbestoscontaining insulation products it formerly manufactured, except for D.E. Block, which contained chrysotile and amosite asbestos. The products sold, but not manufactured, by the Company contained chrysotile asbestos, except Hylo Block and Pipe Covering which was produced by Owens-Corning Fiberglas and which at times may have contained chrysotile and amosite asbestos. The Company is uncertain what type of asbestos 85% Magnesia Pipe Covering and Block Insulation contained. The percentage of asbestos in each asbestos-containing insulation product which the Company formerly sold, but did not manufacture, may be available from the manufacturer. *The Company's year end cost of production accounting records reveal that a small percentage of chrysotile asbestos fiber was charged against a product known as "Supertemp Block." However, former plant managers of the Company deny that the product ever contained asbestos fiber. (g) (Mineralogical and/or constituent composition by weight of each constituent) Defendant objects to this portion of the interrogatory for it is overly broad, unduly burdensome, irrelevant and 14 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969' 1970 1971 1 ,108 tons 760 tons 920 tons 1 ,117 tons 820 tons 960 tons 848 tons 840 tons 662 tons 680 tons 600 tons 520 tons 650 tons 560 tons 550 tons 553 tons 400 tons 400 tons 350 tons 300 tons 212 tons 212 tons 200 tons 100 tons No invoices No invoices No invoices No invoices No invoices NO invoices No invoices No invoices No invoices No invoices No invoices No invoices No invoices No invoices No invoices (Only 1 inv. exists) 50 350 400 350 200 50 50 -- -- -- -- -- 100 162 162 200 100 50 -- -- -- -- -- In addition. one-fourth ton of amosite asbestos was purchased in :1935, and 662 tons of amosite asbestos were purchased from 1947 to 1953 for use in DE Block. However , only 608.3 tons were used in production; the unused surplus balance of 53.7 tons was sold during the years 1954-1957. All shipments of asbestos were received by the Company at its Joplin, Missouri, plant. See Exhibit I. Q22. With respect to each asbestos product (including loose asbestos fiber) you manufactured, refined, processed, sold and/or delivered, state whether you claim any caution, warning, caveat or other statement about health involved in using the product and/or dust generated by the product was ever given to purchasers of the product or directed to the users of the product. If so, state separately for each product: 34 a. instructions; The precise wording of each caution or set of b. For each asbestos product, the exact date you claim each caution was first used on that product; c. The inclusive dates you contend any alleged warning was affixed to each of your asbestos-containing products; d. Whether the wording of the alleged warning has been altered since its first appearance, and if so, when and how amended; e. Specifically, what prompted you to first affix such caution, warning, caveat, statement or explanation, and what prompted the amendments (i.e., if medical reports were relied upon, if so, identify such reports); f. The name, title and present address of the author of each such warning and/or instructions; g. Whether the warning and instructions were physically attached to the product itself when sold and/or delivered to you, and if so, the method of attachment; h. Whether you have a copy of the warning and/or instructions in your possession at the present time, and if so, where it is located; i. Whether any studies, evaluations or analyses of any potential hazards of your asbestos product were conducted by you prior to your use of each warning and/or instructions. If so, identify the study by date, author, title and file number and state its present location; j. The exact date you decided to use the warning, caution and/or instructions; k. The method used to distribute the warning, caution and/or instructions to persons who are likely to use the product. ANSWER to Q22. Defendant objects to this interrogatory to the extent that it may call for information protected by the attorney-client 35 and/or work product privilege. Without prejudice to or waiver of this objection, and subject to same, after being advised in 1964 by the National Insulation Manufacturers Association (NIMA) that the major producer of asbestos products, Johns-Manville Corporation, had informed the NIMA Board that it was placing the following caution on its products that contained asbestos, the Company elected to follow this practice of the industry leader. The caution was placed on the containers of the Company's asbestos-containing finishing and insulating cements in June, 1964. This same caution remained on these products until they no longer contained asbestos or they were discontinued. "CAUTION. This product contains asbestos fiber. Inhalation of asbestos in excessive quantities over long periods of time may be harmful. If dust is created when this product is handled, avoid breathing the dust. If adequate ventilation control is not possible, wear respirators approved by the U.S. Bureau of Mines for pneumoconiosis dust." The caution was located on the lower third of the front of the bag. Hylo Block and Pipe Covering, which were produced by Owens-Corning and were merely sold by the Company, included a caution on the packages beginning in January, 1967. Additionally, in a June 2, 1964, letter to those for whom the Company produced private-label asbestos-containing _ insulation products, Mr. John Harrington, General Sales Manager, 36 enclosed an excerpt from a meeting of the Board of Directors of the National Insulation Manufacturers Association (NIMA) regarding Johns-Manvi1le's placing of a cautionary note on its asbestos products; he stated that the Company was planning to use the same cautionary note, and asked those companies if they wished the same action taken on their behalf. The Company placed a caution on the containers/ packages of its asbestos-containing insulation products. The Company adopted the caution which Johns-Manville had informed the NIMA Board that it was going to place on its products that contained asbestos. See Exhibit VI for a copy of the caution. The caution is in the possession of the Corporate Legal Department, Cincinnati, Ohio. Also, Material Safety Data Sheets were supplied upon request. Q23. State whether any of your distributors, dealers, contractors, and/or customers were provided with any warnings, cautions, caveats or instructions regarding the use of your asbestos-containing products. If so, please state: first made? a. By whom and when these instructions were b. Whether the instructions were written or oral; if written, attach a copy; if oral, state the contents thereof; c. Whether your company carried out follow-up inspections to ascertain whether such instructions were adhered to and if so, please state when, where and by whom such inspections were made and the results of each such inspection; 37 subject matter of this lawsuit or which may lead to the discovery of information material to the subject matter of this lawsuit. ANSWER to Q118. Defendant objects to this interrogatory because it is over broad and unduly burdensome. Without prejudice to or waiver of this objection, see answers to Interrogatories Nos. 1-117, above. Furthermore, defendant states that discovery in this matter is ongoing therefore defendant reserves the right to supplement its answer and will timely identify any witnesses to plaintiff prior to trial and pursuant to any discovery schedule ordered by this Court. . Dated: Buffalo, New York Yours, etc.. Office and P. 0. Address 1200 Liberty Building Buffalo, New York 14202 TO: THORTON & EARLY Liaison Counsel for NDAL Plaintiffs 200 Portland Street Boston, Massachusetts 02114 HENDERSON & GOLDBERG Liaison Counsel for NDAL Plaintiffs 1030 5th Avenue Pittsburgh, Pennsylvania 15219 102 ln a u ls tic 1939/1962 A dhesive m a te ria l used to te m p o ra rily hold in place and to speed th e a p p lic a tio n of rig id and a e m lrig id in s u la tio n . 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O'CONNOR ' l200LlSeTVSUlL0lNC Buffalo new yo* 1*202 3656 (716) 856*13** July 7, 1989 ASSOC TCS iR^Nyi aC k(Anal* GEORGE A SLAiA jm MAAAT B BAONSON BARRAR* a AIA2ZA VlCAV C VALVO- WALKOWIAK jCFFRC* l WNITINC LEGAL ASSISTANTS CAROL A maomOwtk jEnniaen l little fax i7i6i 896-iaeg All Northern District Asbestos Litigation Counsel RE: NDAL Responses to Plaintiffs' First Standard Set of Liability Interrogatories Dear Counselors: Enclosed for service upon you please find the defendant Eagle-Picher Industries, Inc.'s responses to plaintiffs' first set of liability interrogatories. ' Very truly yours, BOUVIER, O'CONNOR 13t-o>vuo^_ HBB/11 Harry B. Bronson ALDEN OFFICE: 13300 BROADWAY. ALDEN. NEW YORK 14004 17161 837-7740 ELMA OFFICE: ELMA VILLAGE PLAZA BOWEN ROAD. ELMA. NEW YORK I40S8 - 17161 632-0303 HAMBURG OFFICE: S-4873 CLIFTON PARKWAY. HAMBURG. NEW YORK 14073 - 17161 627-2811