Document 2JGE8gEN1jq7LMwVgyG1mXNK7

IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO ANTHONY MARIO GRECO, et al., Plaintiffs, CASE NOS. 323629-323678 (HANNA, J.) v. A-BEST PRODUCTS COMPANY, et aL, IN RE: ALL BARON & BUDD ASBESTOS CASES Defendants. ANSWER OF DEFENDANT O.K.I. SUPPLY COMPANY TO PLAINTIFFS' MASTER SET OF INTERROGATORIES PROPOUNDED TO O.K.I. SUPPLY COMPANY CORPORATE NAME I. For each Interrogatory below, please state the name and last known address of each person answering it, including whether he/she is employed by Defendant and if employed by Defendant, include job title, length of time employed by Defendant and a year-by-year list of all other positions, titles or jobs held when working for Defendant. ANSWER: These answers to Interrogatories have been prepared by Joseph H. Dillhoff, III in connection with defense counsel for O.K.I. Supply Co. Matters stated in response to these Interrogatories are not necessarily within the personal knowledge of Mr. Dillhoff and he has been informed that no single officer of O.K.I. Supply Co. has personal knowledge of all such matters. The facts stated in response to these Interrogatories have been assembled by authorized employees and Mr. Dillhoff is informed by said employees that the facts stated in the foregoing documents are true. Mr. Dillhoffs business address is 7584 Reinhold Drive, Cincinnati, Ohio 45237. He was Director-Operations from 1986 to 1988, Vice President Operations 1988 to 1990; Group Vice President - Operations 1993 to 1995; and President 1995 to present. (273655.03) 1.1 Please identify all documents used, related to, or referred to in connection with the preparation of or answers to these Interrogatories and state the number ofthe Interrogatory and its subpart to each such document. ABLS-WEB: These answers were prepared generally based on the recollection of Joseph H. DillhofFIII and the information found in the enclosed documents. 2. Please state whether or not Defendant is a corporation. If so, please state: (a) Your correct corporate name; (b) The state of your incorporation; (c) The address ofyour principal place of business; (d) Your registered agent for service in the State of Ohio. (e) For each Defendant claiming that this Court lacks personal jurisdiction, list year by year the total amount of income received by the Defendant from entities in Ohio, any and all years that Defendant, as defined, has been licensed to do business in Ohio, and any real property owned at any time by Defendant or its present or past subsidiaries. ANSWER: O.K.I. SUPPLY CO. was incorporated in Ohio on January 2,1960. The principal place of business is 7584 Reinhold Drive, Cincinnati, Ohio 45237. Our registered agent for service in the state of Ohio is C. Gregory Schmidt, Esq. 3. State Defendant's complete corporate or business history, including dates of incorporation, mergers, consolidations, reincorporations, and the like. Also provide -2- (273655.03) , historical information regarding all predecessors, prior names, asset purchases, acquisitions or spin-offs. In addition: (a) ifDefendant or any of its predecessors or subsidiaries at any time purchased, assumed, or in any other manner acquired ANY of the assets and/or liabilities of any corporation or entity at any prior time engaged in any aspect of the placing of asbestos-containing products into the stream of commerce or the insuring of asbestos related risks, then please state the following as to each acquisition: (b) the name or description of each corporation, entity or assets acquired by Defendant, that entity's state of incorporation and principal place of business, its date of incorporation, and the name ofDefendant at the time of acquisition; (c) the manner by which each such corporation, entity or interest therein, was acquired (e.g., merger, consolidation, change of name, stock sale, transfer or purchase of assets or product line); (d) the date of each such acquisition; (e) the state in which each such acquisition was effected; (f) the state law governing each such acquisition if specified by contract; (g) whether Defendant became legally responsible for the past torts of each such corporation or entity; (h) identify each document reflecting or related to the history and/or transaction(s) set forth in answer to this Interrogatory. ANSWER; O.K.I. Supply Co. was incorporated in 1960. Prior to incorporating, its predecessor had been in the business of wholesale distribution of welding, safety and industrial products since 1937. During October of 1990, O.K.I. Supply Co. purchased a competitor, Bering Sales, Inc., Dallas, Texas. After the sale transaction was completed Bering Sales, Inc. was merged into O.K.I. The predecessor referred to above was a sole proprietorship known as O.K.I. Supply Company from 1937 to 1960. 4. Please state whether or not the Defendant has purchased, assumed, or in any other manner acquired any ofthe assets and/or liabilities of any corporation or entity -(such corporations -3- (273655.03) . or entities being limited to those engaged in the mining, selling, manufacturing, marketing or distribution of asbestos-containing products.) If so, please state the following: (a) the name or description of each corporation, entity or assets acquired by Defendant, its state of incorporation and principal place of business, its date of incorporation, and the name of Defendant at the time of acquisition; (b) the manner by which each such corporation, entity, or interest therein, was acquired (e.g. merger, consolidation, change of name, stock sale, transfer or purchase of assets or product line); (c) the date of each such acquisition; (d) the state in which each such acquisition was effected; (e) the state law governing each such acquisition if specified by contract; (f) whether Defendant became legally responsible for the past torts of each such corporation or entity; (g) whether the acquisition concerned asbestos-containing products. ANSWER: During October of 1990,0.K.I. Supply Co. purchased Bering Sales, Inc. which may at some previous time have sold asbestos-containing safety equipment. O.K.I. Supply Co. did not purchase, assume or acquire the liabilities of any entity engaged in the selling, mining, manufacturing or marketing of asbestos-containing products. O.K.I. purchased all the stock of Bering but the seller ofBering contractually retained ultimate responsibility for pre-sale product liabilities. Pursuant to the stock purchase agreement, the seller of Bering Sales, Inc. retained all pre-closing product liabilities. 4.1 For each corporation, other than the answering Defendant ("the entity"), that has at any time in the past been involved in the placing of asbestos-containing products into the stream of commerce for which officers ofthe answering Defendant's corporation have also served as officers, directors or served in any managerial position while employed by the answering Defendant, state: -4- (273655.03) . (a) the name of the entity involved in the placing of asbestos products into the stream of commerce; (b) the manner in which the entity was involved in the placing of asbestoscontaining products into the stream of commerce (i.e., mining, milling, manufacturing, distributing, installing, rebranding, etc.); (c) the specific products placed into the stream of commerce by the entity year by year and by brand or trade name; (d) the name, positions and a brief description ofthe responsibilities of the person or persons service the answering defendant and the entity simultaneously including the positions held with the entity and with the answering Defendant. ANSWER: No. This interrogatory is not applicable. EVER SELL ASBESTOS 5. Has Defendant ever engaged in the mining, manufacturing, selling, marketing, installation or distribution of asbestos-containing products? If so, please state the following: (a) The name of the company engaged in the activity (whether it is Defendant, Defendant's predecessor, or Defendant's subsidiary); (b) As to each product mined, manufactured, sold, marketed, installed or distributed, please state the following: 1. The trade or brand name. .2 Its identification number (model, serial number, etc.). 3. The time period it was manufactured, mined, marketed, distributed or sold. 4. Its physical description including color, general composition, and form. -5- (273655.03) 5. A detailed description including color, general composition, and form. 6. A detailed description of the type package in which it was sold, listing the dates ofeach type ofpackage used, a physical description of the package, and a description of any printed material or trademarks that appeared thereon. 7. The percent of asbestos which it contained. 8. The percent ofasbestos by asbestos type (amosite, crocidolite, tremolite, anthophyllite). (c) The time period during which each of these products were on the market; (d) A description ofthe physical composition of each product; (e) How each ofthese asbestos-containing product can be distinguished from those of competitors; (f) . A description ofthe physical appearance of such product; (g) A detailed description of the intended uses. ANSWER; O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. O.K.I. did not, therefore, place any marking upon any such products. All of the manufacturers' labels, warnings, cautions, and instructions were passed through to O.K.I.'s distributors without changes or additions. A search of documents has been completed and all information that is responsive to this Interrogatory is included in the documents attached hereto which are incorporated herein. The attached materials are primarily catalog sheets that do not necessarily establish that sales ofthe product shown were made by O.K.I. As our research continues the attached two additional sheets have been retrieved. To further respond see responses to interrogatory nos. 8 and 13. O.K.I. always shipped products retaining the original manufacturers' labels. On occasion for the clothing line only, O.K.I. added to the package a cardboard insert designation ofthe O.K.I. Comfort Line trade name and part number identification for reorder purposes. -6- (273655.03) 6. Does Defendant or any ofits subsidiary companies claim that any patent would cover any product listed in answer to Interrogatory No. 5? If so, please state the following: (a) The date of each patent; (b) The date same was issued; (c) The number of each patent application that is pending. ANSWER: No. 7. Have any ofthe products listed above in answer to Interrogatory No. 5 been altered in chemical composition since first being marketed? If so, please state the following: (a) The trade name of each such product; (b) The date each such product was altered; (c) The nature of the alteration; (d) The reason for the alteration. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. If information exists which responds to this Interrogatory it would be in the possession ofthe manufacturers not O.K.I. O.K.I. has no knowledge ofsuch alterations that may have been made by the manufacturers. 8. Have any ofthe asbestos-containing products listed in response to Interrogatory No. 5 ever been marketed, distributed, packaged, labeled, and/or sold by any other company or business? If so, please state the following: -7- (273655.03) (a) The name and address of each such company. (b) The names and address of Defendant's distributors in Ohio and Illinois since 1940. (c) The date of each sale. (d) The name ofthe person at each location with whom you primarily dealt. (e) A list of all asbestos-containing products that you sold to each location from 1945 to 1980. (f) The amount of each asbestos product sold to each location during this period. (g) Please identify all documents relating to this distributor for the particular location. ANSWER: O.K.I. has distributed and marketed some asbestos-containing products as part of the inventory it makes available to its authorized distributors ofwelding, safety and industrial products. Sales records are retained for only seven years and a review of these records has produced no evidence of sales of asbestos-containing products. However, a search of the company's files has disclosed that previous catalogs did contain certain asbestos-containing products and copies ofthose documents are attached here and incorporated herein. Sales of these catalog items may have taken place back into the 1950's but no specific documentation of sales exist. All other specific information sought by this interrogatory is contained in the documents attached hereto. The existence ofthe attached documents does not establish that sales of the product shown were made by O.K.I. Although O.K.I. has sold its product line through Ohio distributors since 1937, no documents exist as evidence ofspecific asbestos containing product sales to any ofthese distributors. 8.01 Has this Defendant ever purchased asbestos-containing products from any other defendant? -8- (273655.03) ANSWER: 8.02 Ifthe answer to the preceding Interrogatory is yes, please state the following: (a) name each defendant from whom this Defendant purchased any asbestoscontaining product; (b) list each product purchased from each co-defendant; (c) list the dates of each purchase of asbestos-containing products from each co defendant. ANSWER: Not applicable. 8.03 Has this Defendant ever sold asbestos-containing products to any other defendant? ANSWER: No such sales are recalled or documented. 8.04 Ifthe answer to the preceding Interrogatory is yes, please state the following: (a) name each defendant to whom this Defendant sold any asbestos-containing product; (b) list each product sold to each co-defendant; (c) list the dates ofeach sale ofasbestos-containing products to each co-defendant. ANSWER: Not applicable. -9- (273655.03) 8.05 Has Defendant engaged in the manufacture and/or sale and/or distribution and/or marketing and/or supply and/or purchase and/or use of non-asbestos-containing products for use in connection with temperatures above 125 Fahrenheit since 1930. If so, please state: (a) the date such activity began; (b) the years during which such activity took place; (c) the date when such activity was terminated; (d) if such activity was terminated, the reason(s) why; (e) the geographical area into which you claim the product(s) were sold, purchased, or used; (f) identify the organizational unit of Defendant so engaged; (g) the site(s) at which each such product was manufactured; (h) the material components of each such product, giving specific or approximate .percentage both by weight and by volume ofeach material component of each such product; (i) the temperature ranges for which each product(s) was intended to be used; (j) the product's generic name; (k) the product's trade or brand name; (l) the container in which the product was shipped (i.e., paper bags, cardboard boxes) including the size and amount of the container; (m) a description ofany logos, writing impressions or identifying markings which appeared on the product, as well as a description ofthe package used, the dates that type of package was used, and any logos, product name, trademarks, etc. which appeared on the package; (n) whether the words "non-asbestos' or "asbestos free" were used on the package; (o) a detailed description ofthe intended method ofpreparation and application of the product; -10- (273655.03) (p) a description ofthe physical appearance of the product, including size, shape, color and texture. ANSWER: Objection. Without waiving this objection, see the information in the attached documents as examples of welding associated products that may involve temperatures over 125 F. 8.06 Did Defendant ever market or distribute any asbestos-containing product manufactured in whole or in part by someone else? If so, please state the following for each such product: (a) the name and address ofthe manufacturer; (b) the product's trade and brand name; (c) the organizational unit of Defendant who did so; (d) date(s) beginning, ending and during which the marketing or distributing took place; (e) whether the product was distributed through the same channels as those used for products manufactured by Defendant, and if not, please explain the exact channels of distribution; (f) identify all documents relating the marketing or distribution. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors ofwelding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Any information that may be responsive to this Interrogatory would be in the possession ofthe manufacturers and not O.K.I. The manufacturers referred to are those disclosed in the attached materials: C.D. Genter, Chattanooga, Tennessee; Frommelt Industries, Inc., Dubuque, Iowa; Jackson Products, Grand Rapids, Michigan; Guardline, Atlanta, Texas. -11- (273655.03) 8.1 Does Defendant have reason to believe that the asbestos-containing products listed in response to Interrogatory No. 5 were used at any ofthe sites listed on Exhibit A, attached hereto. If your answer is "yes", please state: (a) The basis of your answer. (b) Please state which of Defendant's asbestos-containing products listed in Interrogatory No. 5 were used at each job site listed on Exhibit A. ANSWER; O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. O.K.I. has no reason to believe that asbestos-containing products from its inventory were ever used at the job sites listed on Exhibit A. 8.2 For each company or business that Defendant knows may have marketed, distributed, installed, and/or sold, those products listed in response to Interrogatory No. 5 please state the following as to each job site listed on Exhibit A. (a) The name and address of each such company; (b) The date of each sale from Defendant to such other company; (c) The name ofthe person at each other company with whom Defendant primarily dealt; (d) Names and quantities of the asbestos-containing products that you marketed, distributed, installed, and/or sold to each such company from 1950 to 1974. (e) Please identify all documents relating to the sales to each such company. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not -12- (273655.03) assemble, manufacture or package any asbestos-containing products. Because O.K.I. Supply Co. sells only to authorized distributors, O.K.I. has no basis upon which it can accurately respond to this Interrogatory. O.K.I. has no knowledge whether products listed in response to No. 5 were used at the job sites listed on Exhibit A. No documents or information are available to further answer this question. As a master wholesaler, O.K.I. sells products to authorized distributors and not end users. 8.3 Ifyou do not know any business that may have marketed, distributed, installed, and/or sold the products listed in response to Interrogatory No. 5 to any ofthe job sites listed on Exhibit A, please state the names and last known addresses of those companies who Defendant knows marketed, distributed, and/or sold their asbestos-containing products in Ohio from 1950 to 1974. For each of those companies, please state the following: (a) The name and address of each such company; (b) The date of each sale from Defendant to such other company; (c) The name ofthe person at each other company with whom Defendant primarily dealt; (d) The names of the asbestos-containing products that Defendant marketed, distributed, and/or sold to each such company from 1950 to 1974. ANSWER: O.K.I. has distributed and marketed some asbestos-containing products as part of the inventory it makes available to its authorized distributors ofwelding, safety and industrial products. Sales records are retained for only seven years and a review of these records has produced no evidence of sales of asbestos-containing products. However, a search of the company's files has disclosed that previous catalogs did contain certain asbestos-containing products and copies ofthose documents are attached here and incorporated herein. Sales of these catalog items may have taken place back into the 1950's but no specific documentation of sales exist. All other specific information sought by this interrogatory is contained in the documents attached hereto. Because no sales records exist for the 1950 to 1974 time period, the information sought by this interrogatory is unknown. Although O.K.I. has sold its product line through Ohio distributors since 1937, no documents exist as evidence ofspecific asbestos containing product sales to any ofthese distributors. -13- (273655.03) 8.4 Does Defendant have records and/or any knowledge that reflects sales of their asbestos-containing products to any ofthe job sites listed on Exhibit A, attached hereto. If so, please state the following as to each job site listed on Exhibit A: (a) The names and last known addresses ofthose people with such knowledge. (b) The location of such records. ANSWER: No. O.K.I. has distributed and marketed some asbestos-containing products as part of the inventory it makes available to its authorized distributors ofwelding, safety and industrial products. Sales records are retained for only seven years and a review of these records has produced no evidence of sales of asbestos-containing products. However, a search of the company's files has disclosed that previous catalogs did contain certain asbestos-containing products and copies ofthose documents are attached here and incorporated herein. Sales of these catalog items may have taken place back into the 1950's but no specific documentation of sales exist. All other specific information sought by this interrogatory is contained in the documents attached hereto. 9. Did Defendant or any of Defendant's distributors, as listed in response to Interrogatory Nos. 8.1,8.2, and/or 8.3 have sales representatives who specifically called on the sites listed on Exhibit A, attached hereto, from 1945 to 1975? If your response is yes, as to each site listed on Exhibit A, please state the following: (a) The name and last known address of each such representative and whether they are still employed by Defendant; (b) The period of time they acted as your representative; (c) Their general responsibility as to each facility; and (d) Whether that person is still alive. (e) Any documents relating, referring or pertaining thereto. -14- (273655.03) ANSWER; OKI did not have any sales representatives who called on the job site listed on Exhibit A. This Defendant has no information or knowledge regarding the activities of distributors' sales representatives referable to asbestos-containing products. 9.1 Identify all managers and sales personnel responsible for your sales or installation of any asbestos-containing products in Ohio from 1930 to the present and state their position, last known address and the local or regional office through which they were employed. ANSWER: Larry Chambers 2201 Stop Eight Road Dayton, OH 45414 Territory: West Virginia and Ohio Position: Sales (current) John Womack 161 Tusculum Square Road Nashville, TN 37211 Territory: Kentucky Position: Sales (current) Don Evenden Plantation Landings 315 Ashley Drive Haines City, FL 33844 Territory: West Virginia and Kentucky Position: Sales (retired) David Rush 1 Nicholas Court Fairfield, OH 45014 Position: Management, V.P. Sales Rudi Guensel 3213 Pennypack Road Hatboro, PA 19040 Territory: Pennsylvania Position: Sales (Retired) Jerry Fry 7795 Hopkins Road Mainville, OH 45039 Position: Management, Group V.P. Sales 10. Did Defendant ever have any division or subsidiary engaged in the contract business of applying or removing asbestos-containing products? If so, please state: (a) The name of each subdivision; (b) The full address ofthe home office and the date such subdivision or subsidiary was engaged in this contracting business; and -15- (273655.03) (c) Whether said division or subsidiary conducted such business at any ofthe sites listed on Exhibit A, from 1940 to 1975? If so, please state the following as to each job site listed on Exhibit A: (1) The dates of such contracts; (2) The specific asbestos-containing products that were used or removed in each contract. ANSWER: No. 11. Did Defendant ever have any division or subsidiary engaged in the contract business ofapplying asbestos-containing refractory? If so, please give the name of each subdivision, the full address of the home office arid the date such subdivision or subsidiary was engaged in this contracting business. ANSWER: No. 12. Please identify by location and product produced, each plant in which products listed in your answer to Interrogatory No. 5 have been manufactured and/or assembled and the dates said plants have been in operation. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant and any responsive information would be in the possession of the manufacturers. O.K.I. does not know the plant location or dates of plant operation sought by this interrogatory. An O.K.I. label was never placed on any asbestos containing products sold by O.K.I. either by the manufacturer or O.K.I. See answer to No. 5. -16- (273655.03) 13. Has Defendant, at any time, entered into a "rebranding" agreement with any other company, either as a buyer or a seller, concerning any asbestos-containing products and/or materials? If so, please state: (a) The name of the company manufacturing the asbestos products under such agreement; (b) The trade name affixed to such products; (c) The periods of time covered by each such agreement; (d) The volume (in dollars amounts) of each such transaction; (e) The purchaser of such products; (f) Does Defendant currently have in its possession any ofthe writings or contracts concerning such rebranding agreement? ANSWER: Understanding rebranding to mean placing an O.K.I. marking directly on an asbestoscontaining product produced or manufactured by someone else, the answer to this interrogatory is no.. O.K.I. did not enter into such agreements. For some period oftime, O.K.I. has marketed in its literature to distributors its industrial safety apparel products under the name "O.K.I. Comfort Line" or "O.K.I. Coronado Line." The O.K.I. Comfort Line included some asbestos containing products as indicated in the attached materials. The O.K.I. Coronado Line never included asbestos containing products. O.K.I. did not enter into any rebranding agreements. 13.1 Have you ever owned or operated a business or portion thereof which engaged in construction, erection or tear out of furnaces, pipes, boilers, turbines, lehrs, ovens, kilns, etc? If so, please state: (a) the same of said business; (b) the date of commencing business and cessation ofbusiness, if applicable; (c) type of construction or tear'out performed; -17- (273655.03) (d) state whether said business installed or supplied asbestos-containing products on the furnaces, pipes, boilers, turbines, lehrs, etc., i.e., gaskets, pipecovering, block, cement, rope, cloth, clothes, etc., containing asbestos, asbestos pipe, board, etc.; (e) state the trade name and/or manufacturer of any asbestos-containing product which you installed or supplied to any site on Exhibit A. (f) provide the dates for the applicable construction, installation or tear-out project. ANSWER? No. 13.2 Do you have within your custody, possession, or control any packages that presently or formerly packaged asbestos-containing products or were produced for the purpose of packaging asbestos-containing products contemporaneous with your manufacture sale or distribution of such asbestos-containing products? If so, provide the following: (a) a description of each such package; (b) the present location and custodian of each such package; (c) the date or approximate date on which each such package was produced. ANSWER: No. INFORMATION ABOUT DESIGN/TESTTNG 14. What is the name, address and job title of each individual who participated in the design and preparation ofmanufacturing specifications for each such product listed above in answer to Interrogatory No. 5? -18- (273655.03) ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant.' Any information that may be responsive to this Interrogatory would be in the possession ofthe manufacturers and not O.K.I. The manufacturers referred to are those disclosed in the attached materials: C.D. Genter, Chattanooga, Tennessee; Frommelt Industries, Inc., Dubuque, Iowa; Jackson Products, Grand Rapids, Michigan; Guardline, Atlanta, Texas. 15. As to each product listed in response to Interrogatory No. 5, please describe how each product was to be cut, shaped, scribed, mixed and applied on the job. (In answering this question, give particular reference as to whether or not the materials were to be sawed or cut on the job, blown into confined areas, mixed with water in a cement or paste.) ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors, of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession of the manufacturers and not O.K.I. See attached. The only information O.K.I. would have in response to this interrogatory is included in the attached documents. None of the products listed in response to Interrogatory No. 5 were required to be cut, shaped, scribed, mixed or applied. 16. Based upon the material contents of the asbestos-containing products, the method of manufacturing, and the method ofapplication, please state which products listed in Interrogatory No. 5 could be applied by a worker without creating dust. -19- (273655.03) ANSWER; _ O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession of the manufacturers and not O.K.I. The only information O.K.I. would have in response to this interrogatory is included in the attached documents. None ofthe products listed in response to No. 5 are applied by workers. All said products can be used without creating dust. 17. Do any documents, including but not limited to, written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character now exist relating to the design and preparation ofthe products listed in answer to Interrogatory No. 5? If so, please: (a) List each such written material or document; (b) Identify the person or persons presently in possession of each such document; (c) State where each such document is located. ANSWER; O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession ofthe manufacturers and not O.K.I. O.K.I. has no such documents requested by this interrogatory. 18. Prior to releasing the products listed in Interrogatory No. 5 for sale and usage, were any tests (either animal or human) conducted on said products to determine potential health hazards involved in the use of, or exposure to, the materials and/or products? If so, please state: (a) The name ofthe products tested and the date of each test. -20- (273655.03) (b) The name, address, and job classification of each individual who conducted such tests; (c) The results of such tests. ANSWER; O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession ofthe manufacturers and not O.K.I. O.K.I. has no knowledge whether such tests were conducted as requested by this interrogatory. 18.1 Prior to releasing any products for sale and usage (whether asbestos-containing or not), were any tests (either animal or human) conducted on said products to determine potential health hazards involved in the use of, or exposure to, the materials and/or products? If so, please state: (a) The name of the products tested and the date of each test; (b) The name, address, and job classification of each individual who conducted such tests; (c) The results of such tests. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business ofwholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. In this context the answer to this Interrogatory is no. -21- (273655.03) 19. Does Defendant have or control any documents, including but not limited to, written memoranda, specifications, recommendations, blueprints or other written materials of any kind or character relating to the testing of the products listed in Interrogatory No. 5 hereinabove? (a) Identify each such written material or document; (b) Identify each person who presently has possession of each such document; (c) State where each such document is located. ANSWER; O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession ofthe manufacturers and not O.K.I. O.K.I. has no such documents requested by this interrogatory. 20. Where any design changes or modifications made as a result of such tests listed in answer to Interrogatory No. 18 hereinabove? If so, please state: (a) The trade name ofthe product changed or modified; (b) The nature ofthe change made and the date of such changes or modifications; (c) The name, address, and job classification of each person in charge of making a change. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession ofthe manufacturers and not O.K.I. See answer to No. 18 and 19. -22- (273655.03) 21. After releasing for sale, distribution or marketing the products listed in answer to Interrogatory No. 5, did Defendant conduct any tests (either on animals or humans) to determine potential health hazards involved in the use of said materials and/or products? (a) The names of the products tested and the dates of said tests; (b) The name, address, and job classification of each person and/or agency conducting said tests; (c) The results of said tests; (d) Whether, as a result of any tests conducted, any products were removed from the market; (e) The names of all products removed from the market as a result of said tests. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession ofthe manufacturers and not O.K.I. O.K.I. has no knowledge whether such tests were conducted as requested by this interrogatory. 22. Has Defendant ever conducted or caused to be conducted any studies concerning the effects ofthe inhalation of asbestos dust and/or fibers on workers or other persons applying, using and/or working around any ofthe asbestos products manufactured, sold, distributed and/or relabelled for distribution by you or your predecessor? If so, please state: (a) The dates and nature of such studies; (b) The names and addresses ofpersons conducting such studies; (c) The purpose of such studies; -23- (273655.03) (d) Identify and list those persons to whom such reports were given and the date of such dissemination; (e) State any publication or other written dissemination of the results of such studies; (f) State the nature of any action to eliminate or minimize the inhalation of asbestos dust fibers; and (g) Attach a copy of reports based upon such studies. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession ofthe manufactufers and not O.K.I. O.K.I. has no knowledge whether such studies were conducted as requested by this interrogatory. INFORMATION ABOUT SAFETY 23. Before placing in the market the asbestos-containing products that Defendant, mined, manufactured, sold, marketed, installed or distributed on the market, did Defendant make or cause to be made, any studies to determine whether their asbestos-containing products would be hazardous to people? If so, please state: (a) The date of said studies; (b) What studies were djne; and (c) The titles of each study. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.L only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not -24- (273655.03) assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession ofthe manufacturers and not O.K.I. O.K.I. has no knowledge whether such studies were conducted as requested by this interrogatory. 24. Please state whether or not Defendant ever conducted or caused to be conducted any tests in the field (where asbestos-containing products were applied, removed or utilized) to determine the nature and extent of asbestos dust and/or fiber exposure to insulators, applicators, fellow employees, or other workers removing and/or tearing out asbestos-containing products, and/or other workers in the vicinity thereof? If so, please identify: (a) The date, place and nature of each and every test; (b) The particular asbestos-containing products to which each test applied; (c) The results of each test with particular reference toto number of asbestos fibers per cubic centimeter of air found at each site; and (d) The persons to whom the results said tests were given and the date of such dissemination. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession ofthe manufacturers and not O.K.I. O.K.I. has no knowledge whether such field tests were conducted as requested by this interrogatory. 25. Please state whether or not Defendant ever obtained any knowledge concerning the likelihood of asbestos being hazardous to human health. If so, please state: (a) When Defendant first became aware ofthe hazardous potential ofasbestos dust and asbestos fibers; -25- (273655.03) (b) The manner in which the Defendant, Defendant's predecessor, or Defendant's subsidiary companies first obtained this knowledge and became aware of said hazards and from what source this information was obtained. (c) What information was disseminated within Defendant's company, or its subsidiary or predecessor regarding such adverse consequences or effects. (d) Whether any such information is still maintained by Defendant or its subsidiary or predecessor in any written form. (e) The name, address and job classification ofthe custodian of such information. ANSWER; O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. Any information that may be responsive to this Interrogatory would be in the possession of the manufacturers and not O.K.I. Objection, this Interrogatory asks for the type of "knowledge" which is impossible for a corporation to respond to. The attached documents indicate that in approximately 1985 our manufacturers discontinued the sale of their asbestos containing product line. 26. Please state when Defendant first became aware ofthe possible association between inhalation ofasbestos dust and/or fibers and the contraction of asbestosis and cancers including, but not limited to gastrointestinal cancer, laryngeal cancer, renal cancer, lymphoma, lung cancer and mesothelioma. As to each disease or condition, please state the source ofthat information, including a description of all tests conducted relative to the possibility of such a relationship. ANSWER; O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory asks for the type of"knowledge" which is impossible for a corporation to respond to. The attached -26- (273655.03) documents indicate that in approximately 1985 our manufacturers discontinued the sale of their asbestos containing product line. 27. Please identify all physicians, industrial hygienists,, and other employees (including their names and addresses) who were employed, retained or otherwise engaged by Defendant for research, investigation or study concerning asbestos or asbestos-related diseases. ANSWER; O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory does not apply to this Defendant. Any information in response to this Interrogatory would be in the possession ofthe manufacturer not O.K.I. O.K.I. did not employ such professionals. 28. As to each person who acted in a medical advisory capacity (as it relates in any way to asbestos) to Defendant, please list their name, the date individual acted in this capacity, and that person's current address and job title. ANSWER: Not applicable to this Defendant. See response to Interrogatory No. 27. 29. Please state if any medical officer or industrial hygienist or medical consultant ever made at any time any recommendations and/or suggestions to Defendant pertaining to the risks or hazards to persons involved in the manufacture or use of asbestos products and, if so, please state when, by whom or to whom such recommendations and/or suggestions were made and the substance of each recommendation. -27- (273655.03) ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory does not apply to this Defendant. Any information in response to this Interrogatory would be in the possession of the manufacturer not O.K.I. O.K.I. did not employ such professionals. 30. Please state the scientific and/or medical periodicals to which Defendant, its medical department, research department, industrial hygiene divisions, engineering department or consulting physicians subscribed between 1945 and 1975. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory does not apply to this Defendant. Any information in response to this Interrogatory would be in the possession of the manufacturer not O.K.I. O.K.I. states that, due to the nature of its business, the company did not subscribe to such periodicals. 30.1 Please state whether Defendant, its medical officer or industrial hygienist or medical consultant or physicians were ever involved in testing or received literature or correspondence from the Mellon Institute. ANSWER: No. 30.2 Has any engineer, industrial hygienist or physician in your employ been a member in any professional group, trade group or any ofthe following groups: -28- (273655.03) Asbestos Textile Institute National Insulation Manufacturers Association Thermal Insulation Manufacturers Association Quebec Asbestos Mining Association Asbestos Information Association Industrial Health Foundation Industrial Hygiene Foundation Iron and Steel Institute National Safety Counsel Refractories Institute Air Hygiene Foundation ofAmerica, Inc. Sprayed Mineral Fiber Association Ifthe answer is yes, state the following: (a) The name ofthe group or groups in which the individual(s) were members; (b) The name and position individual(s) within the Defendant, as defined, who were members; (c) The years the individual(s) were members of the groups; (d) Whether the Defendant paid the individual(s) dues or membership fees or reimbursed the individual(s) for dues or membership fees in the group. ANSWER: No. 31. State in detail what test, if any. Defendant ever made with regard to the quantity, quality, or threshold limit values of asbestos dust, fibers or particles to high workers were exposed while using, working with and/or aromjd installing and/or applying your asbestos-containing products. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.L only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not -29- (273655.03) assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory does not apply to this Defendant. Any information in response to this Interrogatory would be in the possession ofthe manufacturer not O.K.I. O.K.I. has no knowledge of whether any such tests were performed as requested by this interrogatory. 32. For each test described in Interrogatory No. 31, please give the name of the person conducting the test, the date ofthe test, and attach true copies of any documents, including but not limited to, reports, findings or memoranda concerning such tests or studies. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory does not apply to this Defendant. Any information in response to this Interrogatory would be in the possession ofthe manufacturer not O.K.I. See answer to No. 31. 33. Please state the year that Defendant was first advised of either threshold limit values or maximum allowable concentrations of both asbestos dust and total dust by the American Conference ofGovernmental Industrial Hygienists and state the name of the employer/official ofthe company receiving such advice. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory does not apply to this Defendant. Any information in response to this Interrogatory would be in the hands of the manufacturer not O.K.I. No records exist of O.K.I. receiving such information. -30- (273655.03) 33.1 State whether this defendant at any time caused to be conducted on any job site, any air sampling, dust counts, tests or other activities to determine air quality or worker safety. If your answer is in the affirmative, please indicate: (a) the date of any such air samples, test, or activities; (b) by whom such activities were performed; (c) where such activities were performed; (d) the results of any such activities. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. In this context the answer to this Interrogatory is no. 34. Does Defendant maintain a library dealing with industrial hygiene, medicine, safety and engineering and/or research? If so, state: (a) The date each such library was established; (b) The location of each library; (c) The name(s) ofthe librarians) since 1930; (d) List all journals subscribed to by your concerning asbestos, industrial hygiene, medicine, safety, and/or engineering; (e) List all books and articles dealing with asbestos and asbestos-related diseases and the date acquired. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding. -31- (273655.03) safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Any library information responsive to this Interrogatory would be in the possession of the manufacturers. O.K.I. did not maintain such a library. 35. Did Defendant in the 1920's or 1930's commission, or participate in the arrangements with Metropolitan Life Insurance Company for studies at the Trudeau Foundation at Saranac Lake, New York, concerning the effect of inhalation or ingestion of asbestos fibers upon human and/or minimal bodies. ANSWER: No. 36. When was Defendant first aware of reports of studies ofthe Trudeau Foundation at Saranac Lake, New York, entitled "Effects of the Inhalation of Asbestos Dust in the Lungs of Asbestos Workers" by A. J. Lanza, Assistant Medical Director published in the J. Public Health Report, Vol. 5, No. 1, dated January 4,1935 ("Lanza Report")? ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory asks for a specific type of "knowledge" which is impossible for a corporation to respond to. O.K.I. has found no record ofreceiving such reports. 36.1 Did you ever contract with Saranac Laboratories to study the hazards of any dust producing product manufactured by you (whether asbestos-containing or not)? Ifso, identify by date and author all documents concerning or any way related to such study. -32- (273655.03) ANSWER; No. 36.2 Did you ever contract with Saranac Laboratories to analyze dust or products? If so, identify by date and author all documents concerning or any way related to such analysis. ANSWER: No. 37. Please state whether the Defendant at any time has been a member of any "trade organization" or "trade association" composed by other manufacturers, miners, distributors, and/or sellers ofasbestos-containing products and, ifso, please identify the name and address of each such association or organization, the dates of membership, and the names of any publications issued orwritten by such association or organization. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory does not apply to this Defendant. O.K.I. did not belong so such organizations. 38. With respect to each trade organization or association listed in answer to Interrogatory No. 37, please state whether the minutes ofthe group's meetings and any correspondence between the members of such groups concerning the hazards of asbestos exposure are available. -33- (273655.03) MS-WER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory does not apply to this Defendant. See response to No. 37 above. 39. Please identify by name the technical and trade association periodicals to which the Defendant subscribed, and state whether Defendant had knowledge of any articles being printed, or withheld from printing, in said periodicals pertaining to the potential hazards of asbestos. If so, please state the following: (a) The title of each article; (b) The periodical in which each such article was published; (c) The date each such article was published; (d) A detailed explanation of the reason for withholding any such article for printing; (e) Produce documentation which refers, alludes or mentions articles which were withheld for publication. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. Objection, this Interrogatory does not apply to this Defendant. The information sought in this Interrogatory would be in the possession of the manufacturers and not O.K.I. O.K.I. presently subscribes to "The Gases and Welding Distributor" periodical. O.K.I. also receives a periodical published by the American Welding Society. O.K.I. has no information regarding articles asked about in this interrogatory. -34- (273655.03) 40. Please state whether, prior to 1975, the Defendant sponsored, or attended any meeting, seminar, conference, convention or legislative hearing where the subject of occupational health and exposure to asbestos was discussed and, if so, please state the date and place of such meeting and the name and address of any speakers or participants. ANSWER: No. WARNINGS/SALES PROMOTION 41. As to each product listed in response to Interrogatoiy No. 5, please state whether Defendant, at any time published and/or distributed any printed materials, including but not limited to brochures, pamphlets, catalogs, packagings or other written materials ofany kind or character that contain any warnings, cautions, caveats or directions concerning the possible health effects of the products on a person. If so, please state as to each product: (a) The name of each relevant product; (b) The wording of each such warning; (c) A description ofeach such printed material; (d) The method used to distribute the warning to persons who are likely to use the products; (e) The date each such warning was issued; (f) Whether any warning accompanied any ofyour asbestos-containing products' sales literature, handout or pamphlets; (g) Please attach a copy ofthe warning and the date said warning was issued; (h) The name, address, and job classification of each person who presently has possession ofthe above-described documents; -35- (273655.03) (i) The name or names and addresses ofthe company who provided, produced or manufactured the boxes or containers on which the warning appeared and dates these boxes with the warnings appeared. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. O.K.I. did not, therefore, place any marking upon any such products. All of the manufacturers' labels, warnings, cautions, and instructions were passed through to O.K.I.'s distributors without changes or additions. See attached documents which is incorporated herein in response to this Interrogatory. O.K.I. states that it in no way altered or added to the manufacturer's printed materials regarding warnings, cautions, caveats or directions. 42. Has sales material been prepared by Defendant or its agents for purposes ofmarketing or advertising the asbestos products listed in answer to Interrogatory No. 5? If so, please state: (a) The name and address of each person or entity who prepared same; (b) The name, address and job title of each person who presently has possession of same; (c) The date same was prepared; (d) The media used to disseminate the sales material. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. O.K.I. did not, therefore, place any marking upon any such products. All of the manufacturers' labels, warnings, cautions, and instructions were passed through to O.K.I.'s distributors without changes or additions. See attached documents which is incorporated herein in response to this Interrogatory. O.K.I. states that it assembled its own catalogues based solely on information provided by the manufacturers and copies of all such available materials are attached. -36- (273655.03) 43. Has any written material of any kind or character been prepared by Defendant, Defendant's predecessor or any ofDefendant's subsidiary companies or their agents indicating how the products listed in answer to Interrogatory No. 5 should be used or maintained by the ultimate user or those working in facilities or at job sites where the product was used, installed or removed, including, but not limited to, those sites listed on the job site list attached as Exhibit A? Ifso, please state the following: (a) The name, address and job classification of each person who prepared same; (b) The name, address and job classification of each person who presently has possession of same; (c) The dates and manner in which said material was distributed to purchasers of the products in answer to Interrogatory No. 5. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.L does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. O.K.I. did not, therefore, place any marking upon any such products. All of the manufacturers' labels, warnings, cautions, and instructions were passed through to O.K.I.'s distributors without changes or additions. See attached documents which is incorporated herein in response to this Interrogatory. O.K.I. states that it assembled its own catalogues based solely on information provided by the manufacturers. See also response to No. 41. O.K.I. prepared no such written materials requested by this interrogatory. 44. Was any written material of any kind prepared by Defendant and distributed to those individuals listed in response to Interrogatory No. 9? If so, please state the following: (a) Identify the written material by content and date; (b) To whom it was delivered. -37- (273655.03) ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. O.K.I. did not, therefore, place any marking upon any such products. All of the manufacturers' labels, warnings, cautions, and instructions were passed through to O.K.I.'s distributors without changes or additions. 45. Does Defendant contend that asbestos-containing products can be manufactured so as to eliminate all potential health hazards to persons working with or around, installing or applying same? If so, please state the following: (a) The date that Defendant first determined that another product could be used in place of asbestos; (b) The chemical ofthe substitute; (c) Whether the substitute is suitable for the purpose for which they are to be used; (d) Whether Defendant used the substitute for asbestos to 1971; (e) Whether Defendant ever used the substitute for asbestos for high or low heat insulation. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution of welding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant and any responsive information would be in the possession of the manufacturers. O.K.I. states that it has no information in its possession upon which a response to this interrogatory can be made. Experts in this field will have to be consulted. 46. Did Defendant give any warnings to any individuals ofthe sites listed on Exhibit A, including any individuals who owned, operated, or managed the facilities at the sites listed on -38- (273655.03) Exhibit A, regarding the potential health hazards of any product listed in response to Interrogatory No. 5. Ifyes, please state: (a) Name of person most knowledgeable about this communication. (b) Name of person at the sites listed on Exhibit 1, attached hereto most knowledgeable about this communication. (c) Dates of each communication. (d) Contents of each communication. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. O.K.I. did not, therefore, place any marking upon any such products. All of the manufacturers' labels, warnings, cautions, and instructions were passed through to O.K.I.'s distributors without changes or additions. OKI never dealt with the sites listed on Exhibit A. O.K.I. states that it has no record of any such communication requested in this interrogatory. O.K.I. never had business dealings with the owner, operators or managers ofthe sites listed on Exhibit A. KNOWLEDGE OF PREVIOUS INJURIES 47. Did any person prior to 1970, file a claim against any Workers' Compensation carrier covering Defendant alleging that he or she contracted a disease as a result of exposure to asbestos? If so, please state the following: (a) A list of each such .claim by claimant's name, date filed, the caption and jurisdiction involved; (b) The disease alleged in each such claim; (c) A brief summary of the disposition of each such claim; and (d) The name, address and job classification of the person or persons having custody of the records pertaining to each such claim. -39- (273655.03) ANSWER; _ No such claims have occurred. 47.1 Please identify all documents concerning or in any way related to any decisions made by you to cease manufacturing asbestos-containing products. ANSWER; Not applicable. 47.2 Has any person or company from which you purchased asbestos-containing products ever issued a recall oftheir products or taken any action to take those products off the market after said products were in your possession? If so, provide: (a) the date of said recall; (b) the name ofthe company which issued the recall; (c) a copy ofthe recall. ANSWER: No evidence of such recalls have been found. 47.3 State what action, if any, you have ever taken since 1930 to minimize or eliminate any risk ofoccupational disease or pneumoconiosis to those at any time engaged in the manufacture or production of asbestos-containing products. ANSWER; O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. OJLI. does not sell to end. users or consumers. O.K.I. did not -40- (273655.03) assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. If information exists which responds to this Interrogatory it would be in the possession ofthe manufacturers not O.K.I. 47.4 State what action, if any, you have ever taken since 1930 to minimize or eliminate any risk of occupational disease or pneumoconiosis to those at any time engaged in the use, as distinguished from the manufacture, or exposed to the use of asbestos-containing or industrial insulation products or who were otherwise exposed to asbestos-containing or industrial insulation products. (a) describe such action; (b) state when such action was taken; (c) state what written material exists related to such action; (d) state the names, job titles and last known address of the individuals who undertook such actions. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. This Interrogatory does not apply to this Defendant. If information exists which responds to. this Interrogatory it would be in the possession ofthe manufacturers not O.K.I. 48. Did Defendant receive notice prior to 1968 that any person was claiming injury as a result ofusing asbestos products manufactured, sold, installed, and/or distributed by Defendant? If so, please state: (a) The name and address of each claimant; (b) The date ofnotice of each claim; (c) A description ofthe claim; (d) The type of injuries allegedly sustained; -41- (273655.03) (e) The name and address of each attorney representing the individuals making such claims; (f) The style and court number of each such claim; (g) The resolution of each claim. ANSWER: No. 48.1 Describe the method by which you have maintained records concerning the manufacturer, sale, supply, distribution, use, advertising, delivery and/or installation or tear-out of each of asbestos-containing products. For each description provide the following: (a) each present and former company or corporate department, division or subdivision responsible for maintaining such records; (b) the manner in which the records are kept (e.g., boxes, computer tape, microfilm, etc.); (c) the inclusive dates of any such manufacturer, sale, supply, distribution, use, advertising, delivery, and/or installation or tear-out which such record keeping system covers; (d) the present location at which all such records are maintained; (e) the identity of each person employed by you at any time from 1930 to the present who is or was responsible for the collection and maintenance of such records. ANSWER: O.K.I. SUPPLY CO. d/b/a OKI Bering (O.K.I.) is in the business of wholesale distribution ofwelding, safety and industrial products. O.K.I. only sells to authorized distributors of welding, safety and industrial products. O.K.I. does not sell to end users or consumers. O.K.I. did not assemble, manufacture or package any asbestos-containing products. O.K.I. did not, therefore, place any marking upon any such products. All of the manufacturers' labels, warnings, cautions, and instructions were passed through to O.K.I.'s distributors without changes or additions. All available records have been produced herewith. Obsolete catalogs have been discarded in order to keep -42- (273655.03) catalogs current. Sales information has been retained for the standard seven-year period. The primary location of all such records is 7584 Reinhold Drive, Cincinnati, Ohio 45237. 48.2 State whether any records concerning the manufacture, sale, supply, distribution, advertising, delivery, use or installation or tear-out of asbestos-containing products have been destroyed or discarded and it so, indicate: (a) the date and location of such destruction or discard; (b) the custodian and location of such records prior to their destruction or discard and the identity of each employee, repersentative, official or agent who ordered, authorized or supervised such destruction or discard. ANSWER: Not applicable. See answer to Interrogatory 48.1. 48.3 For all documents, other than invoices, work orders and/or purchase orders, which relate to matters relevant to the all the preceding interrogatories: (a) Is there any kind of index for the documents? (b) How many pages is the index of documents? (c) How many documents are referred to in the index? (d) Is the index maintained in electronic format (i.e. database, word processing or other computerized format)? (e) What manner of electronic format is used? ANSWER: No such index(es) exist. See attached documents. -43- (273655.03) 48.4 For all invoices, work orders and/or purchase orders, which relate to matters relevant to the all the preceding interrogatories: (a) Is there any kind of index for the documents? (b) How many pages is the index of documents? (c) How many documents are referred to in the index? (d) Is the index maintained in electronic format (i.e. database, word processing or other computerized format)? (e) What maimer of electronic format is used? ANSWER; Not applicable. See answers above. PLAINTIFF/DECEDENT 49. Has Defendant obtained statement from any witnesses including the Plaintiffs? Ifso, please: (a) list each witness who has given a statement and the name, address, and job title of each person having custody of any such statement. ANSWER: No witness statements have been obtained specifically referable to this case. 50. Do you contend that the PlaintiffrDecedent improperly used those products listed in response to Interrogatory No. 5? If so, please set out in detail in what respect the product was improperly used. -44- (273655.03) ANSWER: This Defendant reserves the right to assert the affirmative defense of product misuse.. Discovery continues referable to details to support this affirmative defense. 51. As to the sites listed on Exhibit A, and as to each Plaintiff/Decedent, please state whether Defendant contends that there was any substance other than asbestos which contributed or caused Plaintiff/Decedent's injuries. If your answer is yes, please state the following: (a) The facts upon which you rely; (b) The identify ofthe sources upon which you rely which substantiate these facts. ANSWER: This Defendant preserves the right to assert a defense of alternative causation. Discovery continues to develop details in support of this defense. RESPIRATORS 52. Would any respirator, mask or other breathing devices prevent inhalation of the asbestos dust and fibers contained in products listed in answer to Interrogatory No. 5? If so, state: (a) When the respirator was sold; (b) A detailed description of such respirator or other breathing devices, including name of manufacturer and model number; (c) The basis of your claim that such respirators or other breathing devices will prevent the inhalation of such dust and fibers; (d) Identify any tests performed regarding the efficaciousness of such respirators and other breathing devices in preventing the inhalation of asbestos dust and fibers including date, title, author and number; (e) List all documents which'mention, allude or refer to tests performed on breathing devices which prevented the inhalation ofasbestos dust and/or fibers. -45- (273655.03) ANSWER: The appropriate response to this Interrogatory is unknown at this time as discovery in this case continues. O.K.I., because ofthe nature of its business, will have to rely on experts in the field to respond to this interrogatory. 53. Does Defendant expect to call expert witnesses at the trial of this case? If so, please state the following: (a) Their identify, last known address; (b) The subject matter on which the expert is expected to testify; (c) The expert's specific conclusion and specific opinions and the specific basis therefore; (d) The expert's qualifications to render the opinion set forth above; (e) Whether any person identified in sub-paragraph (a) above has provided a report or other documentation to you, and if so, identify such document or report. (f) identify all documents that you have provided to each person identified in response to sub-paragraph (a) above; and (g) Describe in detail the education and work history of, and identify any books, treaties, article, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to sub-paragraph (a) above. Alternatively, in lieu, of said response, attach a copy of a resume or curriculum vitae and a list ofpublications to your answer. ANSWER: It is anticipated that this Defendant will call expert witnesses at the trial of the case. Trial preparations are in progress at this time and full disclosure ofexpert opinions will be made pursuant to the appropriate Case Management Order and the Civil Rules of Procedure. -46- (273655.03) 54. Please state the name and last known address of each expert witness who is not retained or employed for that purpose who is an employee of Defendant and will render an opinion within his expertise at the time oftrial. ANSWER: It is anticipated that this Defendant will call expert witnesses at the trial of the case. Trial preparations are in progress at this time and full disclosure ofexpert opinions will be made pursuant to the appropriate Case Management Order and Civil Rules of Procedure. 55. Does Defendant admit that service ofprocess was properly had on it in these cases? If not, please state why. ANSWER: This Defendant preserves the right to assert the defense of improper service of process and discovery continues regarding the details of this defense. O.K.I. has filed an answer and has submitted to thejurisdiction ofthis Court based on the service ofprocess completed by the plaintiff. No further service ofprocess is required. 55.1 For each and every affirmative defense asserted in the answering defendant's Answer to Plaintiffs' Complaint, the Cross-Claims or Counter-Claims of any party against this answering defendant state: (a) the facts upon which the answering defendant relies for each and every affirmative defense; (b) each and every document which will be offered to prove each and every affirmative defense; and (c) each and every witness who will testify in support of each and every affirmative defense; (d) the substance and subject matter ofthe anticipated testimony of each witness identified in the preceding response. -47- (273655.03) ANSWER: Discovery continues and this Interrogatory can not be answered at this time. 56. Does Defendant have policies ofinsurance that might cover the claims that have been made by the Plaintiffs herein? (a) Ifso, please list the name ofeach insurance carrier who may have coverage, the amount of such coverage, and the dates of each such policy. -48- (273655.03) ANSWER: Insurance Carrier USF&G USF&G USF&G USF&G USF&G USF&G USF&G USF&G USF&G USF&G USF&G USF&G USF&G Amount of Coverage $1,500,000 Products Completed Operations Aggregate $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $1,500,000 $ 750,000 $ 750,000 $ 750,000 $ 750,000 Unknown Unknown Pates of Policy 96/97 95/96 94/95 93/94 92/93 91/92 90/91 89/90 88/89 85/88 2/17/85 to 2/17/88 Cancelled and rewrit 7/1/85 2/17/79 to 2/17/82 2/17/76 to 2/17/79 This response may be incomplete as our investigation continues. -49- (273655.03) 56.1 Have you ever been involved in any litigation concerning potential insurance cover-age for asbestos products liability matter? If so, please state: (a) the case caption, court and date of filing ofeach case in which you have been involved; (b) whether you were plaintiff or defendant; (c) a brief statement ofthe issues; (d) identify by date, author and recipient(s), (including recipients of carbon copies) all documents listed as exhibits by either party in this litigation; (e) identify by deponent and date all individuals who were deposed in these cases; (f) identify by date, author and recipient(s) all documents that have been placed on a protective order in such litigation; (g) ANSWER: identify all expert witnesses retained for use at trial in any of the above litigation by name, address and telephone number. No. 57. Please state the name and address ofeach person who has knowledge ofrelevant facts regarding claims and defenses ofthis lawsuit. ANSWER; Mr. Joseph Dillhoff, III as disclosed above, has knowledge regarding the subject matter of this lawsuit. As discovery continues, additional information in response to the Interrogatory may be learned. 58. State the last date that this Defendant sold, distributed, manufactured, installed, and/or otherwise placed asbestos-containing products into the stream ofcommerce. -50- (273655.03) ANSWER: O.K.I. has distributed and marketed some asbestos-containing products as part of the inventory it makes available to its authorized distributors ofwelding, safety and industrial products. Sales records are retained for only seven years and a review of these records has produced no evidence of sales of asbestos-containing products. As to All Objections: Michael D. Eagen (0018659) Dinsmore & Shohl LLP 1900 Chemed Center 255 East Fifth Street Cincinnati, Ohio 45202 (513) 977-8578 Counsel for O.K.I. Supply CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy ofAnswer of Defendant O.K.I. Supply Company to Plaintiffs' Master Set of Interrogatories Propounded to O.K.I. Supply Company was served upon plaintiffs' counsel on thisday of January, 1998, by Federal Express. (273655.03) . VERIFICATION Joseph H. DillhofF, ID, being under penalty ofperjury, says that he is the President of O.K.I. Supply Company, and that he signs the foregoing Answers of Defendant O.K.I. Supply Company to Plaintiffs' Master Set of Interrogatories Propounded to O.K.I. Supply Company on behalf of that defendant and that he is duly authorized so to do; that the matters stated in the foregoing document are not necessarily within the personal knowledge of deponent and that deponent is informed there is no single officer of O.K.I. Supply Company who has personal knowledge of all such matters; and that the facts stated in the foregoing documents have been assembled by authorized employees and counsel ofdefendant and deponent is informed by those authorized employees that the facts stated in the foregoing documents are true. Dated: State of QLlQ County ) ) SS: ) Sworn to and signed before me this /XM- day , 1998. (273655.02)